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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-333
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020
----------
CONFERENCE REPORT
to accompany
S. 1790
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2019.--Ordered to be printed
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-333
_______________________________________________________________________
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020
__________
CONFERENCE REPORT
to accompany
S. 1790
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 9, 2019.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
38-396 WASHINGTON : 2019
C O N T E N T S
----------
CONFERENCE REPORT................................................ 1
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE............................................. 1139
Compliance with rules of the House of Representatives and
Senate regarding earmarks and congressionally directed
spending items......................................... 1139
Summary of discretionary authorizations and budget
authority implication.................................. 1139
Budgetary effects of this Act (sec. 4)................... 1140
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS................. 1140
TITLE I--PROCUREMENT............................................. 1140
Budget Items................................................. 1140
Columbia-class submarine advance procurement............. 1140
Virginia-class submarine procurement and advance
procurement............................................ 1140
Subtitle A--Authorization of Appropriations.................. 1142
Authorization of appropriations (sec. 101)............... 1142
Subtitle B--Army Programs.................................... 1142
Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground
System--Army Increment 1 (sec. 111).................... 1142
Subtitle C--Navy Programs.................................... 1142
Ford-class aircraft carrier cost limitation baselines
(sec. 121)............................................. 1142
Modification of annual report on cost targets for certain
aircraft carriers (sec. 122)........................... 1142
Refueling and complex overhauls of the U.S.S. John C.
Stennis and U.S.S. Harry S. Truman (sec. 123).......... 1143
Ford class aircraft carrier support for F-35C aircraft
(sec. 124)............................................. 1143
Prohibition on use of funds for reduction of aircraft
carrier force structure (sec. 125)..................... 1143
Modification of prohibition on availability of funds for
Navy waterborne security barriers (sec. 126)........... 1143
LHA Replacement Amphibious Assault Ship Program (sec.
127)................................................... 1143
Strategic sealift fleet vessel (sec. 128)................ 1144
Design and construction of amphibious transport dock
designated LPD-31 (sec. 129)........................... 1144
Limitation on availability of funds for the Littoral
Combat Ship (sec. 130)................................. 1144
Limitation on the next new class of Navy large surface
combatants (sec. 131).................................. 1144
Limitation on availability of funds pending quarterly
updates on the CH-53K King Stallion helicopter program
(sec. 132)............................................. 1145
Limitation on availability of funds for VH-92A helicopter
(sec. 133)............................................. 1145
Report on carrier wing and aviation combat element
composition (sec. 134)................................. 1145
Subtitle D--Air Force Programs............................... 1146
Modification of requirement to preserve certain C-5
aircraft (sec. 141).................................... 1146
OC-135B aircraft recapitalization program (sec. 142)..... 1146
Requirement to align Air Force aviation force structure
with National Defense Strategy (sec. 143).............. 1146
Prohibition on availability of funds for reduction in KC-
10 primary mission aircraft inventory (sec. 144)....... 1146
Limitation on availability of funds for F-15EX aircraft
program (sec. 145)..................................... 1147
Limitation on availability of funds for VC-25B aircraft
(sec. 146)............................................. 1147
Limitation on availability of funds for RC-26B aircraft
(sec. 147)............................................. 1147
Limitation on availability of funds for retirement of RC-
135 aircraft (sec. 148)................................ 1148
Air Force aggressor squadron modernization (sec. 149).... 1148
Air Force plan for Combat Rescue Helicopter fielding
(sec. 150)............................................. 1148
Report on feasibility of multiyear contract for
procurement of JASSM-ER missiles (sec. 151)............ 1148
Report on aircraft fleet of the Civil Air Patrol (sec.
152)................................................... 1148
Sense of Congress on the light attack aircraft initiative
of the Air Force (sec. 153)............................ 1149
Subtitle E--Defense-Wide, Joint, and Multiservice Matters.... 1149
Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program (sec. 161)....... 1149
Relief from contractors for failure to deliver ready-for-
issue spare parts for the F-35 aircraft program (sec.
162)................................................... 1150
Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States (sec. 163). 1150
Requirement to establish the use of an Agile DevOps
software development solution as an alternative for
Joint Strike Fighter Autonomic Logistics Information
System (sec. 164)...................................... 1150
F-35 sustainment cost (sec. 165)......................... 1151
Reports on the progress and performance of the F-35
aircraft program (sec. 166)............................ 1151
Other reports on F-35 aircraft program (sec. 167)........ 1151
Limitation on availability of funds for communications
systems lacking certain resiliency features (sec. 168). 1152
Repeal of tactical unmanned vehicle common data link
requirement (sec. 169)................................. 1152
Legislative Provisions Not Adopted........................... 1152
Sense of Senate on Army's approach to capability drops 1
and 2 of the Distributed Common Ground System--Army
program................................................ 1152
Report on plans to support and maintain aircraft at
Marine Corps air stations.............................. 1153
Capabilities based assessment for naval vessels that
carry fixed-wing aircraft.............................. 1153
Modification of limitation on use of funds for KC-46A
aircraft............................................... 1153
Increase in funding for RC-135 aircraft mission training
systems................................................ 1153
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION............ 1154
Subtitle A--Authorization of Appropriations.................. 1154
Authorization of appropriations (sec. 201)............... 1154
Subtitle B--Program Requirements, Restrictions, and
Limitations................................................ 1154
Program on enhancement of preparation of dependents of
members of Armed Forces for careers in science,
technology, engineering, and mathematics (sec. 211).... 1154
Updates to the Department of Defense personnel management
authority to attract experts in science and engineering
(sec. 212)............................................. 1154
Establishment of joint reserve detachment of the Defense
Innovation Unit (sec. 213)............................. 1154
Research and educational programs and activities for
Historically Black Colleges and Universities and
Minority-Serving Institutions of Higher Education (sec.
214)................................................... 1155
Modification of authority for prizes for advanced
technology achievements (sec. 215)..................... 1155
Joint hypersonics transition office (sec. 216)........... 1155
Modification of proof of concept commercialization
program (sec. 217)..................................... 1156
Modification of authority and addition of technology
areas for expedited access to technical talent (sec.
218)................................................... 1156
Expansion of coordination in support of national security
innovation and entrepreneurial education (sec. 219).... 1156
Modification of defense quantum information science and
technology research and development program (sec. 220). 1156
Understanding of investments in artificial intelligence
and development of capabilities by adversaries (sec.
221)................................................... 1157
Advisory role of JASON scientific advisory group (sec.
222)................................................... 1157
Direct Air Capture and Blue Carbon Removal Technology
Program (sec. 223)..................................... 1158
Requiring defense microelectronics products and services
meet trusted supply chain and operational security
standards (sec. 224)................................... 1158
Development and acquisition strategy to procure secure,
low probability of detection data link network
capability (sec. 225).................................. 1158
Establishment of secure next-generation wireless network
(5G) infrastructure for the Nevada Test and Training
Range and base infrastructure (sec. 226)............... 1159
Administration of manufacturing innovation institutes
funded by the Department of Defense (sec. 227)......... 1159
Research program on foreign malign influence operations
(sec. 228)............................................. 1159
Diversification of the research and engineering workforce
of the Department of Defense (sec. 229)................ 1160
Policy on the talent management of digital expertise and
software professionals (sec. 230)...................... 1160
Digital engineering capability to automate testing and
evaluation (sec. 231).................................. 1161
Process to align policy formulation and emerging
technology development (sec. 232)...................... 1161
Improvement of the Strategic Capabilities Office of the
Department of Defense (sec. 233)....................... 1161
Pilot program on enhanced civics education (sec. 234).... 1162
Technology and national security fellowship (sec. 235)... 1162
Documentation relating to the Advanced Battle Management
System (sec. 236)...................................... 1162
Sensor data integration for fifth generation aircraft
(sec. 237)............................................. 1163
Sense of Congress on future vertical lift technologies
(sec. 238)............................................. 1163
Use of funds for Strategic Environmental Research
Program, Environmental Security Technical Certification
Program, and Operational Energy Capability Improvement
(sec. 239)............................................. 1163
Limitation and report on Indirect Fire Protection
Capability Increment 2 capability (sec. 240)........... 1163
Subtitle C--Plans, Reports, and Other Matters................ 1164
Master plan for implementation of authorities relating to
science and technology reinvention laboratories (sec.
251)................................................... 1164
Infrastructure to support research, development, test,
and evaluation missions (sec. 252)..................... 1164
Energetics plan (sec. 253)............................... 1165
Strategy and implementation plan for fifth generation
information and communications technologies (sec. 254). 1165
Department-wide software science and technology strategy
(sec. 255)............................................. 1165
Artificial intelligence education strategy (sec. 256).... 1166
Cyber science and technology activities roadmap and
reports (sec. 257)..................................... 1166
Report on B-52 commercial engine replacement program
(sec. 258)............................................. 1166
Commercial edge computing technologies and best practices
for Department of Defense warfighting systems (sec.
259)................................................... 1166
Biannual report on the Joint Artificial Intelligence
Center (sec. 260)...................................... 1167
Quarterly updates on the Optionally Manned Fighting
Vehicle program (sec. 261)............................. 1167
National Study on Defense Research at Historically Black
Colleges and Universities and Other Minority
Institutions (sec. 262)................................ 1167
Study on national security emerging biotechnologies for
the Department of Defense (sec. 263)................... 1167
Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office (sec. 264) 1168
Independent assessment of electronic warfare plans and
programs (sec. 265).................................... 1168
Technical correction to Global Research Watch Program
(sec. 266)............................................. 1168
Legislative Provisions Not Adopted........................... 1168
Electromagnetic spectrum sharing research and development
program................................................ 1168
Report on modernization of information technology and
infrastructure for electromagnetic spectrum management
(sec. 261).............................................
Sense of Congress on the importance of continued
coordination of studies and analysis research of the
Department of Defense.................................. 1169
Musculoskeletal injury prevention research............... 1169
STEM jobs action plan.................................... 1169
Briefing on cooperative defense technology programs and
risks of technology transfer to China or Russia........ 1169
Increase in funding for basic operational medical
research science....................................... 1170
Funding for the Sea-Launched Cruise Missile-Nuclear
analysis of alternatives............................... 1170
Increase in funding for university research initiatives.. 1170
Review and assessment pertaining to transition of
Department of Defense-originated dual-use technology... 1170
Quantum Information Science Innovation Center............ 1171
Increase in funding for Naval University Research
Initiatives............................................ 1172
Increase in funding for university and industry research
centers................................................ 1172
Increase in funding for national security innovation
capital................................................ 1172
Increase in funding for Air Force University Research
Initiatives............................................ 1172
Increase in funding for Naval University Research
Initiatives............................................ 1172
Independent study on threats to United States national
security from development of hypersonic weapons by
foreign nations........................................ 1173
Report on innovation investments and management.......... 1173
Increase in funding for Army University Research
Initiatives............................................ 1173
Funding for anti-tamper heterogenous integrated
microelectronics....................................... 1174
Briefing on use of blockchain technology for defense
purposes............................................... 1174
Efforts to counter manipulated media content............. 1174
Additional amounts for research, development, test, and
evaluation............................................. 1175
Briefing on explainable artificial intelligence.......... 1175
TITLE III--OPERATION AND MAINTENANCE............................. 1176
Subtitle A--Authorization of Appropriations.................. 1176
Authorization of appropriations (sec. 301)............... 1176
Subtitle B--Energy and Environment........................... 1176
Timeline for Clearinghouse review of applications for
energy projects that may have an adverse impact on
military operations and readiness (sec. 311)........... 1176
Authority to accept contributions of funds from
applicants for energy projects for mitigation of
impacts on military operations and readiness (sec. 312) 1176
Use of proceeds from sale of recyclable materials (sec.
313)................................................... 1177
Disposal of recyclable materials (sec. 314).............. 1177
Department of Defense improvement of previously conveyed
utility systems serving military installations (sec.
315)................................................... 1177
Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard (sec. 316)........... 1177
Use of operational energy cost savings of Department of
Defense (sec. 317)..................................... 1177
Sale of electricity from alternate energy and
cogeneration production facilities (sec. 318).......... 1178
Energy resilience programs and activities (sec. 319)..... 1178
Technical and grammatical corrections and repeal of
obsolete provisions relating to energy (sec. 320)...... 1178
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. 321)... 1178
Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent (sec. 322)........... 1178
Prohibition of uncontrolled release of fluorinated
aqueous film-forming foam at military installations
(sec. 323)............................................. 1179
Prohibition on use of fluorinated aqueous film forming
foam for training exercises (sec. 324)................. 1179
Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate (sec. 325)........... 1179
Development of extreme weather vulnerability and risk
assessment tool (sec. 326)............................. 1180
Removal of barriers that discourage investments to
increase military installation resilience (sec. 327)... 1180
Budgeting of Department of Defense relating to extreme
weather (sec. 328)..................................... 1180
Prohibition on Perfluoroalkyl Substances and
Polyfluoroalkyl Substances in Meals Ready-to-Eat Food
Packaging (sec. 329)................................... 1180
Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam (sec. 330)..... 1180
Agreements to share monitoring data relating to
perfluoroalkyl and polyfluoroalkyl substances and other
contaminants of concern (sec. 331)..................... 1181
Cooperative agreements with States to address
contamination by perfluoroalkyl and polyfluoroalkyl
substances (sec. 332).................................. 1181
Plan to phase out use of burn pits (sec. 333)............ 1181
Information relating to locations of burn pit use (sec.
334)................................................... 1181
Data quality review of radium testing conducted at
certain locations of the Department of the Navy (sec.
335)................................................... 1182
Reimbursement of Environmental Protection Agency for
certain costs in connection with the Twin Cities Army
Ammunition Plant, Minnesota (sec. 336)................. 1182
Pilot program for availability of working-capital funds
for increased combat capability through energy
optimization (sec. 337)................................ 1182
Report on efforts to reduce high energy intensity at
military installations (sec. 338)...................... 1182
Subtitle C--Treatment of Contaminated Water Near Military
Installations.............................................. 1183
Treatment of contaminated water near military
installations (secs. 341-345).......................... 1183
Subtitle D--Logistics and Sustainment........................ 1183
Materiel readiness metrics and objectives (sec. 351)..... 1183
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. 352)............................................. 1183
Modification to limitation on length of overseas forward
deployment of naval vessels (sec. 353)................. 1183
Extension of temporary installation reutilization
authority for arsenals, depots, and plants (sec. 354).. 1184
F-35 Joint Strike Fighter sustainment (sec. 355)......... 1184
Report on strategic policy for prepositioned materiel and
equipment (sec. 356)................................... 1184
Pilot program to train skilled technicians in critical
shipbuilding skills (sec. 357)......................... 1184
Requirement for military department inter-service depot
maintenance (sec. 358)................................. 1184
Strategy to improve infrastructure of certain depots of
the Department of Defense (sec. 359)................... 1185
Subtitle E--Reports.......................................... 1185
Readiness reporting (sec. 361)........................... 1185
Technical correction to deadline for transition to
Defense Readiness Reporting System Strategic (sec. 362) 1185
Report on Navy ship depot maintenance budget (sec. 363).. 1185
Report on Runit Dome (sec. 364).......................... 1185
Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military
units (sec. 365)....................................... 1185
Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense
(sec. 366)............................................. 1186
Subtitle F--Other Matters.................................... 1186
Prevention of encroachment on military training routes
and military operation areas (sec. 371)................ 1186
Expansion and enhancement of authorities on transfer and
adoption of military animals (sec. 372)................ 1186
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. 373).............. 1187
Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance (sec. 374)........ 1187
Defense personal property program (sec. 375)............. 1187
Public events about Red Hill Bulk Fuel Storage Facility
(sec. 376)............................................. 1188
Sense of Congress regarding Innovative Readiness Training
program (sec. 377)..................................... 1188
Detonation chambers for explosive ordnance disposal (sec.
378)................................................... 1188
Legislative Provisions Not Adopted........................... 1188
Funding for Army Community Services...................... 1188
Increase in funding for civil military programs.......... 1188
Authority to make final finding on designation of
geographic areas of concern for purposes of energy
projects with adverse impacts on military operations
and readiness.......................................... 1189
Native American Indian lands environmental mitigation
program................................................ 1189
Offshore energy development.............................. 1189
Comptroller General report on environmental cleanup of
Vieques and Culebra, Puerto Rico....................... 1189
Comptroller General study on PFAS contamination.......... 1190
Prohibition on use of perfluoroalkyl substances and
polyfluoroalkyl substances for land-based applications
of firefighting foam................................... 1191
Study on energy savings performance contracts............ 1191
Findings, purpose, and apology........................... 1191
Limitation on use of funds for implementation of elements
of master plan for redevelopment of Former Ship Repair
Facility in Guam....................................... 1192
Report on effects of increased automation of defense
industrial base on manufacturing workforce............. 1192
Report on modernization of Joint Pacific Alaska Range
Complex................................................ 1192
Comptroller General study of out-of-pocket costs for
service dress uniforms................................. 1193
Inspector General audit of certain commercial depot
maintenance contracts.................................. 1194
Report on plan to decontaminate sites formerly used by
the Department of the Army that have since been
transferred to units of local government and are
affected by pollutants that are, in whole or in part, a
result of activity by the Department of Defense........ 1194
Limitation on use of funds regarding the basing of KC-46A
aircraft outside the continental United States......... 1195
Pilot program on reduction of effects of military
aviation noise on private residences................... 1195
Clarification of food ingredient requirements for food or
beverages provided by the Department of Defense........ 1195
Completion of Department of Defense Directive 2310.07E
regarding missing persons.............................. 1195
Briefing on plans to increase readiness of B-1 bomber
aircraft............................................... 1196
Sense of Senate on prioritizing survivable logistics for
the Department of Defense.............................. 1196
Plan on sustainment of Rough Terrain Container Handler
fleets................................................. 1197
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS...................... 1197
Subtitle A--Active Forces.................................... 1197
End strengths for active forces (sec. 401)............... 1197
Revisions in permanent active duty end strength minimum
levels (sec. 402)...................................... 1197
Subtitle B--Reserve Forces................................... 1197
End strengths for Selected Reserve (sec. 411)............ 1197
End strengths for Reserves on active duty in support of
the reserves (sec. 412)................................ 1198
End strengths for military technicians (dual status)
(sec. 413)............................................. 1198
Maximum number of reserve personnel authorized to be on
active duty for operational support (sec. 414)......... 1198
Authorized strengths for Marine Corps Reserves on active
duty (sec. 415)........................................ 1199
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. 416)............................................. 1199
Subtitle C--Authorization of Appropriations.................. 1199
Military personnel (sec. 421)............................ 1199
TITLE V--MILITARY PERSONNEL POLICY............................... 1199
Subtitle A--Officer Personnel Policy......................... 1199
Maker of original appointments in a regular or reserve
component of commissioned officers previously subject
to original appointment in other type of component
(sec. 501)............................................. 1199
Furnishing of adverse information on officers to
promotion selection boards (sec. 502).................. 1200
Limitation on number of officers recommendable for
promotion by promotion selection boards (sec. 503)..... 1200
Expansion of authority for continuation on active duty of
officers in certain military specialties and career
tracks (sec. 504)...................................... 1200
Management policies for joint qualified officers (sec.
505)................................................... 1200
Modification of authorities on management of deployments
of members of the Armed Forces and related unit
operating and personnel tempo matters (sec. 506)....... 1201
Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of
inapplicability of high-deployment limitations (sec.
507)................................................... 1201
Permanent authority to defer past age 64 the retirement
of chaplains in general and flag officer grades (sec.
508)................................................... 1201
Higher grade in retirement for officers following
reopening of determination or certification of retired
grade (sec. 509)....................................... 1201
Authority of promotion boards to recommend that officers
of particular merit be placed higher on promotion list
(sec. 510)............................................. 1202
Availability on the internet of certain information about
officers serving in general or flag officer grades
(sec. 510A)............................................ 1202
Functional badge or insignia upon commission for
chaplains (sec. 510B).................................. 1202
Subtitle B--Reserve Component Management..................... 1202
Modification of grade level threshold for Junior Reserve
Officers' Training Corps (sec. 511).................... 1202
Inclusion of STEM in courses of instruction for the
Junior Reserve Officers' Training Corps (sec. 512)..... 1203
Inclusion of homeschooled students in Junior Reserve
Officers' Training Corps units (sec. 513).............. 1203
Clarification of eligibility to serve as Commander,
Marine Forces Reserve (sec. 514)....................... 1203
Extension and periodic evaluation of suicide prevention
and resilience program for the reserve components (sec.
515)................................................... 1203
Authority to defer mandatory separation at age 68 of
officers in medical specialties in the reserve
components (sec. 516).................................. 1203
Modernization of inspection authorities applicable to the
National Guard (sec. 517).............................. 1204
Consultation with Chief of the National Guard Bureau in
the appointment or designation of National Guard
property and fiscal officers (sec. 518)................ 1204
Coast Guard Junior Reserve Officers' Training Corps (sec.
519)................................................... 1204
Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of
associated active duty units (sec. 520)................ 1205
Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters (sec. 520A).. 1205
Report and briefing on the Senior Reserve Officers'
Training Corps (sec. 520B)............................. 1205
Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units (sec. 520C)............. 1205
Subtitle C--General Service Authorities and Correction of
Military Records........................................... 1206
Advice and counsel of trauma experts in review by boards
for correction of military records and discharge review
boards of certain claims (sec. 521).................... 1206
Reduction in required number of members of discharge
review boards (sec. 522)............................... 1206
Establishment of process to review a request for upgrade
of discharge or dismissal (sec. 523)................... 1207
Prohibition on reduction in the number of personnel
assigned to duty with a service review agency (sec.
524)................................................... 1207
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. 525)..................................... 1208
Time requirements for certification of honorable service
(sec. 526)............................................. 1208
Correction of certain discharge characterizations (sec.
527)................................................... 1208
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. 528)......................... 1209
Strategic plan for diversity and inclusion (sec. 529).... 1209
Study regarding screening individuals who seek to enlist
in the Armed Forces (sec. 530)......................... 1209
Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-
citizens (sec. 530A)................................... 1210
Sense of Congress regarding accession physicals (sec.
530B).................................................. 1210
Subtitle D--Military Justice................................. 1211
Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of
efficiency in military justice (sec. 531).............. 1211
Command influence (sec. 532)............................. 1211
Statute of limitations for certain offenses (sec. 533)... 1211
Public access to dockets, filings, and court records of
courts-martial or other records of trial of the
military justice system (sec. 534)..................... 1212
Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces (sec. 535)...................................... 1212
Authority for return of personal property to victims of
sexual assault who file a Restricted Report before
conclusion of related proceedings (sec. 536)........... 1213
Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice (sec. 537)............ 1213
Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of
sexual assault (sec. 538).............................. 1214
Increase in number of digital forensic examiners for
certain military criminal investigative organizations
(sec. 539)............................................. 1214
Increase in investigative personnel and Victim Witness
Assistance Program liaisons (sec. 540)................. 1214
Training for sexual assault initial disposition
authorities on exercise of disposition authority for
sexual assault and collateral offenses (sec. 540A)..... 1215
Training for commanders in the Armed Forces on their role
in all stages of military justice in connection with
sexual assault (sec. 540B)............................. 1215
Timely disposition of nonprosecutable sex-related
offenses (sec. 540C)................................... 1216
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. 540D)............................... 1216
Recommendations on separate punitive article in the
Uniform Code of Military Justice on sexual harassment
(sec. 540E)............................................ 1216
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. 540F)........................... 1217
Report on standardization among the military departments
in collection and presentation of information on
matters within the military justice system (sec. 540G). 1217
Report on expansion of Air Force safe to report policy
across the Armed Forces (sec. 540H).................... 1218
Assessment of racial, ethnic, and gender disparities in
the military justice system (sec. 540I)................ 1218
Pilot programs on defense investigators in the military
justice system (sec. 540J)............................. 1219
Report on preservation of recourse to restricted report
on sexual assault for victims of sexual assault
following certain victim or third-party communications
(sec. 540K)............................................ 1219
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. 540L).... 1220
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. 540M)............................ 1220
Sense of Congress on the Port Chicago 50 (sec. 540N)..... 1220
Subtitle E--Other Legal Matters.............................. 1221
Improvement of certain Special Victims' Counsel
authorities (sec. 541)................................. 1221
Availability of Special Victims' Counsel at military
installations (sec. 542)............................... 1222
Notification of issuance of military protective order to
civilian law enforcement (sec. 543).................... 1222
Copyright protection for civilian faculty of certain
accredited institutions (sec. 544)..................... 1223
Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness
or die while in military service (sec. 545)............ 1224
Military orders required for termination of leases
pursuant to the Servicemembers Civil Relief Act (sec.
546)................................................... 1224
Preservation of right to bring class action under
Servicemembers Civil Relief Act (sec. 547)............. 1224
Legal counsel for victims of alleged domestic violence
offenses (sec. 548).................................... 1224
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. 549)............................................. 1225
Treatment of information in Catch a Serial Offender
Program for certain purposes (sec. 550)................ 1225
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. 550A) 1226
Defense Advisory Committee for the Prevention of Sexual
Misconduct (sec. 550B)................................. 1226
Training for Special Victims' Counsel on civilian
criminal justice matters in the States of the military
installations to which assigned (sec. 550C)............ 1227
Enhancing the capability of military criminal
investigative organizations to prevent and combat child
sexual exploitation (sec. 550D)........................ 1227
Feasibility study on establishment of database of
military protective orders (sec. 550E)................. 1227
GAO review of USERRA and SCRA (sec. 550F)................ 1228
Subtitle F--Member Education................................. 1229
Authority for detail of certain enlisted members of the
Armed Forces as students at law schools (sec. 551)..... 1229
Inclusion of Coast Guard in Department of Defense
STARBASE Program (sec. 552)............................ 1229
Degree granting authority for United State Army Armament
Graduate School; limitation on establishment of certain
educational institutions (sec. 553).................... 1230
Prohibition on off-duty employment for cadets and
midshipmen completing obligated service after
graduation (sec. 554).................................. 1230
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.
555)................................................... 1230
Redesignation of the Commandant of the United States Air
Force Institute of Technology as the Director and
Chancellor of such Institute (sec. 556)................ 1231
Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air
Force (sec. 557)....................................... 1231
Speech disorders of cadets and midshipmen (sec. 558)..... 1231
Requirement to continue provision of tuition assistance
for members of the Armed Forces (sec. 559)............. 1231
Information on institutions of higher education
participating in the Department of Defense Tuition
Assistance Program (sec. 560).......................... 1231
Inclusion of information on free credit monitoring in
annual financial literacy briefing (sec. 560A)......... 1232
Programs to facilitate the award of private pilot's
certificates (sec. 560B)............................... 1232
Subtitle G--Member Training And Transition................... 1232
Requirement to provide information regarding benefits
claims to members during TAP counseling (sec. 561)..... 1232
Participation of other Federal agencies in the
SkillBridge apprenticeship and internship program for
members of the Armed Forces (sec. 562)................. 1232
First modification of elements of report on the improved
Transition Assistance Program (sec. 563)............... 1233
Second modification of element of report on the improved
Transition Assistance Program (sec. 564)............... 1233
Prohibition on gender-segregated training at Marine Corps
Recruit Depots (sec. 565).............................. 1233
Assessment of deaths of recruits under the jurisdiction
of the Secretaries of the military departments (sec.
566)................................................... 1233
Review of Department of Defense training programs
regarding disinformation campaigns (sec. 567).......... 1234
Command matters in connection with transition assistance
programs (sec. 568).................................... 1234
Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty
(DD Form 214) (sec. 569)............................... 1234
Records of service for Reserves (sec. 570)............... 1234
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. 570A).............................. 1235
Prohibition on involuntary separation of certain members
of the Armed Forces; consideration of military service
in removal determinations (sec. 570B).................. 1235
Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648) (sec.
570C).................................................. 1236
Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the
United States (sec. 570D).............................. 1236
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. 570E)......... 1236
Connections of members retiring or separating from the
Armed Forces with community-based organizations and
related entities (sec. 570F)........................... 1236
Pilot program regarding online application for the
Transition Assistance Program (sec. 570G).............. 1237
Subtitle H--Military Family Readiness and Dependents'
Education.................................................. 1237
Authorizing members to take leave for a birth or adoption
in more than one increment (sec. 571).................. 1237
Deferred deployment for members who give birth (sec. 572) 1237
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. 573).............................. 1237
Military funeral honors matters (sec. 574)............... 1238
Improvement of occupational license portability for
relocated spouses of members of the uniformed services
(sec. 575)............................................. 1238
Continued eligibility for education and training
opportunities for spouses of promoted members (sec.
576)................................................... 1238
Modification to authority to reimburse for State
licensure and certification costs of a spouse of a
servicemember arising from relocation (sec. 577)....... 1239
Clarification regarding eligibility to transfer
entitlement under Post-9/11 Educational Assistance
Program (sec. 578)..................................... 1239
Annual State report card (sec. 579)...................... 1240
Improvements to child care for members of the Armed
Forces (sec. 580)...................................... 1240
Transportation of remains of casualties; travel expenses
for next of kin (sec. 580A)............................ 1240
Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members
of the Armed Forces (sec. 580B)........................ 1241
Information and opportunities for registration for voting
and absentee ballot requests for members of the Armed
Forces undergoing deployment overseas (sec. 580C)...... 1241
Study on two-way military ballot barcode tracking (sec.
580D).................................................. 1242
Assistance to schools with military dependent students
(sec. 580E)............................................ 1242
First expansion of the My Career Advancement Account
program for military spouses (sec. 580F)............... 1243
Second expansion of the My Career Advancement Account
program for military spouses (sec. 580G)............... 1243
Report on training and support available to military
spouses (sec. 580H).................................... 1243
Ri'katak Guest Student Program at United States Army
Garrison--Kwajelein Atoll (sec. 580I).................. 1243
Subtitle I--Decorations And Awards........................... 1244
Modification of authorities on eligibility for and
replacement of gold star lapel buttons (sec. 581)...... 1244
Standardization of honorable service requirement for
award of military decorations (sec. 582)............... 1244
Authorization for award of the Medal of Honor to John J.
Duffy for acts of valor in Vietnam (sec. 583).......... 1244
Review of World War I Valor Medals (sec. 584)............ 1244
Subtitle J--Miscellaneous Reports and Other Matters.......... 1245
Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys (sec. 591)...... 1245
Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military
adaptive sports programs (sec. 592).................... 1245
Questions in surveys regarding extremist activity in the
workplace (sec. 593)................................... 1245
Study on best practices for providing financial literacy
education for separating members of the Armed Forces
(sec. 594)............................................. 1246
Report on oversight of authorized strengths of certain
grades of commissioned regular and reserve officers of
the Armed Forces (sec. 595)............................ 1246
Report on certain waivers (sec. 596)..................... 1246
Notifications on manning of afloat naval forces (sec.
597)................................................... 1247
Report regarding use of aerial systems of the Department
of Defense to support agencies of States, Territories,
and the Federal Government (sec. 598).................. 1247
Information for members of the Armed Forces on
availability of services of the Department of Veterans
Affairs relating to sexual trauma (sec. 599)........... 1248
Authority to issue an honorary promotion to Colonel
Charles E. McGee, United States Air Force (ret.), to
the grade of brigadier general (sec. 599A)............. 1248
Authority to issue an honorary and posthumous promotion
to Lieutenant Colonel Richard Cole, United States Air
Force (ret.), to the grade of colonel (sec. 599B)...... 1248
Sense of Congress on the honorable and distinguished
service of General Joseph F. Dunford, United States
Marine Corps, to the United States (sec. 599C)......... 1249
Legislative Provisions Not Adopted........................... 1249
Grade of Chief of Veterinary Corps of the Army........... 1249
Report on rate of maternal mortality among members of the
Armed Forces........................................... 1249
JROTC Computer Science and Cybersecurity Program......... 1250
Sense of Congress regarding the National Guard Youth
Challenge Program...................................... 1250
Report on expansion of the Close Airman Support team
approach of the Air Force to the other Armed Forces.... 1251
National guard support to major disasters................ 1251
Report regarding National Guard Youth Challenge Program.. 1251
Temporary authority to use Air Force reserve component
personnel to provide training and instruction regarding
pilot training......................................... 1251
Enactment and expansion of policy on withholding of
initial disposition authority for certain offenses
under the Uniform Code of Military Justice............. 1252
Advisory Committee on record and service review boards... 1252
Prohibition on implementation of military service
suitability determinations for foreign nationals who
are lawful permanent residents......................... 1252
Independent Study on barriers to entry into the Armed
Forces for English learners............................ 1253
Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis offense..... 1253
Recognition and honoring of service of individuals who
served in United States Cadet Nurse Corps during World
War II................................................. 1253
Nondiscrimination with respect to service in the Armed
Forces................................................. 1254
Report on mechanisms to enhance the integration and
synchronization of activities of Special Victim
Investigation and Prosecution personnel with activities
of military criminal investigative organizations....... 1254
Pilot program on prosecution of special victim offenses
committed by attendees of military service academies... 1254
Standard of evidence applicable to investigations and
reviews related to protected communications of members
of the Armed Forces and prohibited retaliatory actions. 1255
Repeal of 15-year statute of limitations on motions or
requests for review of discharge or dismissal from the
Armed Forces........................................... 1255
Consultation regarding victim's preference in prosecution
jurisdiction........................................... 1255
Safe to Report policy applicable across the Armed Forces. 1255
Preliminary inquiry on Arlington National Cemetery burial 1256
Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act........................ 1256
Effective date of rule regarding payday lending
protections............................................ 1256
Strengthening civilian and military partnerships to
respond to domestic and sexual violence................ 1256
Education of Members of the Armed Forces on Career
Readiness and Professional Development................. 1257
Defense Language Institute Foreign Language Center....... 1257
Liberal consideration of evidence in certain claims by
boards for the correction of military records and
discharge review boards................................ 1257
Expansion of Department of Defense STARBASE Program...... 1258
Congressional nominations for Senior Reserve Officers'
Training Corps scholarships............................ 1258
Survey of members of the Armed Forces on their
experiences with military investigations and military
justice................................................ 1258
Safe-to-Report policy applicable to military service
academies.............................................. 1259
Recoupment of funds from cadets and midshipmen separated
for criminal misconduct................................ 1259
Support of military service academy foundations.......... 1259
Medical personnel at Marine Corps recruit depots......... 1260
Inclusion of Specific Email Address Block on Certificate
of Release or Discharge from Active Duty (DD Form 214). 1260
Consecutive service of service obligation in connection
with payment of tuition for off-duty training or
education for commissioned officers of the Armed Forces
with any other service obligations..................... 1260
Expansion and renaming of the Troops-to-Teachers Program. 1261
Transition outreach pilot program........................ 1261
Assessment and study of Transition Assistance Program.... 1261
Information regarding county veterans service officers... 1261
Notice to separating servicemembers of rights under the
Servicemembers Civil Relief Act........................ 1262
Modification of responsibility of the Office of Special
Needs for individualized service plans for members of
military families with special needs................... 1262
Direct employment pilot program for members of the
National Guard and Reserve, veterans, their spouses and
dependents, and members of gold star families.......... 1263
Pilot program to fund non-profit organizations that
support military families.............................. 1263
Increase in assistance to certain local educational
agencies............................................... 1263
Assistance for deployment-related support of members of
the Armed Forces undergoing deployment and their
families beyond the Yellow Ribbon Reintegration Program 1263
Briefing on use of Family Advocacy Programs to address
domestic violence...................................... 1263
Establishment of the Atomic Veterans Service Medal....... 1264
Authorization for award of the Medal of Honor to Alwyn
Cashe for acts of valor during Operation Iraqi Freedom. 1264
Eligibility of veterans of Operation End Sweep for
Vietnam Service Medal.................................. 1264
Authority to award or present a decoration not previously
recommended in a timely fashion following a review
requested by Congress.................................. 1264
Authority to make posthumous and honorary promotions and
appointments following a review requested by Congress.. 1265
Repeal of quarterly report on end strengths.............. 1265
Expressing support for the designation of a ``Gold Star
Families Remembrance Day''............................. 1265
Sense of Congress regarding the High-Altitude Army
National Guard Aviation Training Site.................. 1265
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS.............. 1266
Subtitle A--Pay and Allowances............................... 1266
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. 601)................ 1266
Continued entitlements while a member of the Armed Forces
participates in a career intermission program (sec.
602)................................................... 1266
Exemption from repayment of voluntary separation pay
(sec. 603)............................................. 1266
Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service
(sec. 604)............................................. 1266
Temporary adjustment of rates of basic allowance for
housing following determination that local civilian
housing costs significantly differ from such rates
(sec. 605)............................................. 1267
Reinvestment of travel refunds by the Department of
Defense (sec. 606)..................................... 1267
Addition of partial dislocation allowance to allowable
travel and transportation expenses for servicemembers
(sec. 607)............................................. 1267
Reductions on account of earnings from work performed
while entitled to an annuity supplement (sec. 608)..... 1267
Increase in basic pay (sec. 609)......................... 1268
Subtitle B--Bonuses and Special Incentive Pays............... 1268
One-year extension of certain expiring bonus and special
pay authorities (sec. 611)............................. 1268
Subtitle C--Family and Survivor Benefits..................... 1268
Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current
members (sec. 621)..................................... 1268
Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity
compensation (sec. 622)................................ 1268
Death gratuity for ROTC graduates (sec. 623)............. 1268
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. 624)................................ 1269
Casualty assistance for survivors of deceased ROTC
graduates (sec. 625)................................... 1269
Subtitle D--Defense Resale Matters........................... 1269
Defense resale system matters (sec. 631)................. 1269
Procurement by commissary stores of certain locally
sourced products (sec. 632)............................ 1270
GAO review of defense resale optimization study (sec.
633)................................................... 1270
Subtitle E--Morale, Welfare, and Recreation Privileges....... 1271
Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory
home leave (sec. 641).................................. 1271
Extension of pilot program on a Government lodging
program (sec. 642)..................................... 1271
Subtitle F--Reports and Other Matters........................ 1271
Annual reports on approval of employment or compensation
of retired general or flag officers by foreign
governments for emoluments clause purposes (sec. 651).. 1271
Report regarding transition from overseas housing
allowance to basic allowance for housing for
servicemembers in the territories (sec. 652)........... 1271
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. 653)........... 1272
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.
654)................................................... 1272
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. 655).................................. 1272
Report on food insecurity among members of the Armed
Forces and their dependents (sec. 656)................. 1273
Legislative Provisions Not Adopted........................... 1273
Basic allowance for housing for a member without
dependents when relocation would financially
disadvantage the member................................ 1273
Annual adjustment of basic pay........................... 1273
Space-available travel on military aircraft for children
and surviving spouses of members who die of hostile
action or training duty................................ 1274
Report regarding management of military commissaries and
exchanges.............................................. 1274
Treatment of fees on services provided as supplemental
funds for commissary operations........................ 1274
TITLE VII--HEALTH CARE PROVISIONS................................ 1275
Subtitle A--Tricare and Other Health Care Benefits........... 1275
Modification of eligibility for TRICARE Reserve Select
for certain members of the Selected Reserve (sec. 701). 1275
TRICARE payment options for retirees and their dependents
(sec. 702)............................................. 1275
Lead level screening and testing for children (sec. 703). 1275
Exposure to open burn pits and toxic airborne chemicals
or other airborne contaminants as part of periodic
health assessments and other physical examinations
(sec. 704)............................................. 1276
Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas (sec.
705)................................................... 1276
Modifications to post-deployment mental health
assessments for members of the Armed Forces deployed in
support of a contingency operation (sec. 706).......... 1276
Provision of blood testing for firefighters of Department
of Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances (sec. 707).................. 1277
Subtitle B--Health Care Administration....................... 1277
Modification of organization of military health system
(sec. 711)............................................. 1277
Support by military health system of medical requirements
of combatant commands (sec. 712)....................... 1277
Requirements for certain prescription drug labels (sec.
713)................................................... 1278
Officers authorized to command Army dental units (sec.
714)................................................... 1278
Improvements to interagency program office of the
Department of Defense and the Department of Veterans
Affairs (sec. 715)..................................... 1278
Expansion of strategy to improve acquisition of managed
care support contracts under TRICARE program (sec. 716) 1279
Inclusion of blast exposure history in medical records of
members of the Armed Forces (sec. 717)................. 1279
Comprehensive policy for provision of mental health care
to members of the Armed Forces (sec. 718).............. 1279
Limitation on the realignment or reduction of military
medical manning end strength (sec. 719)................ 1279
Strategy to recruit and retain mental health providers
(sec. 720)............................................. 1280
Development of partnerships to improve combat casualty
care for personnel of the Armed Forces (sec. 721)...... 1280
Modification to referrals for mental health services
(sec. 722)............................................. 1280
Subtitle C--Reports and Other Matters........................ 1280
Authorization of claims by members of the uniformed
services against the United States for personal injury
or death caused by medical malpractice (sec. 731)...... 1280
Extension and clarification of authority for Joint
Department of Defense--Department of Veterans Affairs
Medical Facility Demonstration Fund (sec. 732)......... 1281
Appointment of non-ex officio members of the Henry M.
Jackson Foundation for the Advancement of Military
Medicine (sec. 733).................................... 1281
Establishment of Academic Health System in National
Capital Region (sec. 734).............................. 1281
Provision of veterinary services by veterinary
professionals of the Department of Defense in
emergencies (sec. 735)................................. 1282
Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund (sec. 736).......... 1282
Preservation of resources of the Army Medical Research
and Materiel Command and continuation as Center of
Excellence (sec. 737).................................. 1282
Encouragement of participation in Women's Health
Transition Training pilot program (sec. 738)........... 1283
National Guard suicide prevention pilot program (sec.
739)................................................... 1283
Pilot program on civilian and military partnerships to
enhance interoperability and medical surge capability
and capacity of National Disaster Medical System (sec.
740)................................................... 1283
Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the
Department of Defense (sec. 741)....................... 1283
Modification of requirements for longitudinal medical
study on blast pressure exposure of members of the
Armed Forces and collection of exposure information
(sec. 742)............................................. 1284
Study and plan on the use of military-civilian integrated
health delivery systems (sec. 743)..................... 1284
Study on case management in the military health system
(sec. 744)............................................. 1284
Report on Global Health Security Strategy and the
National Biodefense Security (sec. 745)................ 1285
Study on establishment of wounded warrior service dog
program (sec. 746)..................................... 1285
GAO report on Department of Defense quality assurance
program and impacts of medical malpractice actions
(sec. 747)............................................. 1285
Reports on Millennium Cohort Study relating to women
members of the Armed Forces (sec. 748)................. 1286
Study on effects of sleep deprivation on readiness of
members of the Armed Forces (sec. 749)................. 1286
Study and report on traumatic brain injury mitigation
efforts (sec. 750)..................................... 1286
Legislative Provisions Not Adopted........................... 1286
Contraception coverage parity under the TRICARE program.. 1286
Medical services at military medical treatment facilities
for sexual assault survivors........................... 1287
Inclusion of infertility treatments for members of the
uniformed services..................................... 1287
Authorization of appropriations for TRICARE lead
screening and testing for children..................... 1287
Tours of duty of commanders or directors of military
treatment facilities................................... 1287
Comprehensive enterprise interoperability strategy for
the Armed Forces and the Department of Veterans Affairs 1287
Demonstration of interoperability milestones............. 1288
Establishment of regional medical hubs to support
combatant commands..................................... 1288
Monitoring of adverse event data on dietary supplement
use by members of the Armed Forces..................... 1289
Monitoring medication prescribing practices for the
treatment of post-traumatic stress disorder............ 1289
Maintenance of certain medical services at military
medical treatment facilities at service academies...... 1289
Establishment of military dental research program........ 1289
Pilot program on cryopreservation and storage............ 1290
Study on infertility among members of the Armed Forces... 1290
Study on extending parent's level of TRICARE health
coverage to newborn child.............................. 1290
Report on mental health assessments...................... 1290
Study and report on mental health assessments for members
of the Armed Forces deployed in support of a
contingency operation.................................. 1291
Education on family planning for members of the Armed
Forces................................................. 1291
Funding for CDC ATSDR PFAS health study increment........ 1291
Sense of the House of Representatives on increasing
research and development in bioprinting and fabrication
in austere military environments....................... 1291
Increased collaboration with NIH to combat triple
negative breast cancer................................. 1292
Funding for post-traumatic stress disorder............... 1292
Study on readiness contracts and the prevention of drug
shortages.............................................. 1292
Update of Department of Defense regulations,
instructions, and other guidance to include gambling
disorder............................................... 1292
Findings on musculoskeletal injuries..................... 1293
National Capital Consortium Psychiatry Residency Program. 1293
Pilot program on partnerships with civilian organizations
for specialized surgical training...................... 1293
Report on research and studies regarding health effects
of burn pits........................................... 1293
Training on health effects of burn pits and other
airborne hazards....................................... 1293
Report on operational medical and dental personnel
requirements........................................... 1294
Partnerships with academic health centers................ 1294
Study on use of routine neuroimaging modalities in
diagnosis, treatment, and prevention of brain injury
due to blast pressure exposure during combat and
training............................................... 1294
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS................................................ 1294
Subtitle A--Acquisition Policy and Management................ 1294
Authority for continuous integration and delivery of
software applications and upgrades to embedded systems
(sec. 800)............................................. 1294
Pilot program on intellectual property evaluation for
acquisition programs (sec. 801)........................ 1296
Pilot program to use alpha contracting teams for complex
requirements (sec. 802)................................ 1296
Failure to provide other than certified cost or pricing
data upon request (sec. 803)........................... 1296
Comptroller General report on price reasonableness (sec.
804)................................................... 1297
Limitation on transfer of funds related to cost overruns
and cost underruns (sec. 805).......................... 1297
Standardizing data collection and reporting on use of
source selection procedures by Federal agencies (sec.
806)................................................... 1297
Department of Defense use of fixed-price contracts (sec.
807)................................................... 1298
Repeal of continuation of data rights during challenges
(sec. 808)............................................. 1298
Repeal of authority to waive acquisition laws to acquire
vital national security capabilities (sec. 809)........ 1298
Repeal of the Defense Cost Accounting Standards Board
(sec. 810)............................................. 1298
Subtitle B--Amendments to General Contracting Authorities,
Procedures, and Limitations................................ 1299
Modification of Director of Operational Test and
Evaluation report (sec. 815)........................... 1299
Modification of written approval requirement for task and
delivery order single contract awards (sec. 816)....... 1299
Responsibility for data analysis and requirements
validation for services contracts (sec. 817)........... 1299
Documentation of market research related to commercial
item determinations (sec. 818)......................... 1300
Availability of data on the use of other transaction
authority and report on the use of authority to carry
out prototype projects (sec. 819)...................... 1300
Notification of Navy procurement production disruptions
(sec. 820)............................................. 1300
Modification to acquisition authority of the Commander of
the United States Cyber Command (sec. 821)............. 1300
Extension of Never Contract With the Enemy (sec. 822).... 1301
Modification of justification and approval requirement
for certain Department of Defense contracts (sec. 823). 1301
Extension of sunset relating to Federal Data Center
Consolidation Initiative (sec. 824).................... 1301
Pilot program to accelerate contracting and pricing
processes (sec. 825)................................... 1301
Uniformity in application of micro-purchase threshold to
certain task or delivery orders (sec. 826)............. 1302
Requirement for cost estimates on models of commercial e-
commerce portal program (sec. 827)..................... 1302
Subtitle C--Provisions Relating to Major Defense Acquisition
Programs................................................... 1302
Modification of requirements for reporting to Congress on
certain acquisition programs (sec. 830)................ 1302
Pilot program to streamline decision-making processes for
weapon systems (sec. 831).............................. 1302
Analysis of alternatives pursuant to materiel development
decisions (sec. 832)................................... 1303
Naval vessel certification required before Milestone B
approval (sec. 833).................................... 1303
Subtitle D--Provisions Relating to the Acquisition System.... 1303
Extramural acquisition innovation and research activities
(sec. 835)............................................. 1303
Report on realignment of the defense acquisition system
to implement acquisition reforms (sec. 836)............ 1304
Report and limitation on the availability of funds
relating to the ``middle tier'' of acquisition programs
(sec. 837)............................................. 1305
Report on intellectual property policy and the cadre of
intellectual property experts (sec. 838)............... 1305
Guidance and reports relating to covered defense business
systems (sec. 839)..................................... 1306
Implementation guidance for use of a modular open system
approach (sec. 840).................................... 1306
Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense
(sec. 841)............................................. 1307
Subtitle E--Industrial Base Matters.......................... 1307
Modernization of acquisition processes to ensure
integrity of industrial base (sec. 845)................ 1307
Report requirements for the national technology and
industrial base (sec. 846)............................. 1308
Mitigating risks related to foreign ownership, control,
or influence of Department of Defense contractors or
subcontractors (sec. 847).............................. 1308
Prohibition on operation or procurement of foreign-made
unmanned aircraft systems (sec. 848)................... 1309
Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations (sec. 849)... 1309
Acquisition and disposal of certain rare earth materials
(sec. 850)............................................. 1309
Pilot program for development of technology-enhanced
capabilities with partnership intermediaries (sec. 851) 1310
Authorized official to carry out the procurement
technical assistance cooperative agreement program
(sec. 852)............................................. 1310
Requirement that certain ship components be manufactured
in the national technology and industrial base (sec.
853)................................................... 1310
Addition of domestically produced stainless steel
flatware and dinnerware to the Berry Amendment (sec.
854)................................................... 1311
Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program (sec.
855)................................................... 1311
Application of limitation on procurement of goods other
than United States goods to the FFG--Frigate Program
(sec. 856)............................................. 1311
Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate (sec. 857)........... 1311
Subtitle F--Provisions Relating to Acquisition Workforce..... 1311
Establishment of Defense Civilian Training Corps (sec.
860)................................................... 1311
Defense acquisition workforce certification, education,
and career fields (sec. 861)........................... 1312
Software development and software acquisition training
and management programs (sec. 862)..................... 1312
Modification of temporary assignments of Department of
Defense employees to a private-sector organization
(sec. 863)............................................. 1312
Incentives and consideration for qualified training
programs (sec. 864).................................... 1312
Use of qualified apprentices by military construction
contractors (sec. 865)................................. 1313
Subtitle G--Small Business Matters........................... 1313
Requirements relating to credit for certain small
business concern subcontractors (sec. 870)............. 1313
Inclusion of best in class designations in annual report
on small business goals (sec. 871)..................... 1313
Reauthorization and improvement of Department of Defense
Mentor-Protege Program (sec. 872)...................... 1314
Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act
(sec. 873)............................................. 1314
Postaward explanations for unsuccessful offerors for
certain contracts (sec. 874)........................... 1314
Small business contracting credit for subcontractors that
are Puerto Rico businesses or covered territory
businesses (sec. 875).................................. 1315
Technical amendment regarding treatment of certain
surviving spouses under the definition of small
business concern owned and controlled by service-
disabled veterans (sec. 876)........................... 1315
Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond
periods of military conflict (sec. 877)................ 1315
Modification to the Defense Research and Development
Rapid Innovation Program (sec. 878).................... 1315
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. 879)............. 1316
Assistance for small business concerns participating in
the SBIR and STTR programs (sec. 880).................. 1316
Cybersecurity technical assistance under the SBIR and
STTR Programs (sec. 881)............................... 1316
Funding for defense research activities of small business
concerns (sec. 882).................................... 1317
Modifications to budget display requirements for the
Department of Defense Small Business Innovation
Research Program and Small Business Technology Transfer
Program (sec. 883)..................................... 1317
Pilot program for domestic investment under the SBIR
Program (sec. 884)..................................... 1317
Subtitle H--Other Matters.................................... 1318
Review of guidance to contractors on nondiscrimination on
the basis of sex (sec. 885)............................ 1318
Comptroller General report on contractor violations of
certain labor laws (sec. 886).......................... 1318
Comptroller General report on contingency contracting
(sec. 887)............................................. 1318
Policies and procedures for contractors to report gross
violations of internationally recognized human rights
(sec. 888)............................................. 1319
Comptroller General report on oversight of contractors
providing private security functions (sec. 889)........ 1319
Prohibition on contracting with persons that have
business operations with the Maduro regime (sec. 890).. 1319
Report on the Combating Trafficking in Persons initiative
(sec. 891)............................................. 1320
Improved management of information technology and
cyberspace investments (sec. 892)...................... 1320
Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts
(sec. 893)............................................. 1321
Legislative Provisions Not Adopted........................... 1321
Modification to small purchase threshold exception to
sourcing requirements for certain articles............. 1321
Rates for progress payments or performance-based payments 1321
Additional requirements for negotiations for
noncommercial computer software........................ 1322
Competition requirements for purchases from Federal
Prison Industries...................................... 1322
Enhanced post-award debriefing rights.................... 1322
Preference for offerors employing veterans............... 1322
Reporting on expenses incurred for independent research
and development costs.................................. 1322
Assessment of precision-guided missiles for reliance on
foreign-made microelectronic components................ 1323
Reporting on expenses incurred for bid and proposal costs 1323
Report on requirements relating to consumption-based
solutions.............................................. 1323
Supply chain security of certain telecommunications and
video surveillance services or equipment............... 1324
Revised authorities to defeat adversary efforts to
compromise United States defense capabilities.......... 1325
Supply chain risk mitigation policies to be implemented
through requirements generation process................ 1325
Size standard calculations for certain small business
concerns............................................... 1325
Small Business Administration cybersecurity reports...... 1326
Cyber counseling certification program for lead small
business development centers........................... 1326
Exemption of certain contracts from the periodic
inflation adjustments to the acquisition-related dollar
threshold.............................................. 1326
Phase 0 Proof of Concept Partnership program for the
Department of Defense.................................. 1326
Briefing on the Trusted Capital Marketplace pilot program 1326
Boots to Business Program................................ 1327
Report and database on items manufactured in the United
States for major defense acquisition programs.......... 1327
Contractor science, technology, engineering, and math
programs............................................... 1327
Report on cost growth of major defense acquisitions
programs............................................... 1328
Report and strategy on terminated foreign contracts...... 1328
Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor Standards Act of
1938................................................... 1328
Federal contractor disclosure of unpaid Federal tax
liability.............................................. 1328
Pilot program on payment of costs for denied Government
Accountability Office bid protests..................... 1329
GAO report on contracting practices of the Corps of
Engineers.............................................. 1329
Comptroller General report on defense business processes. 1330
Amendments to research project transaction authorities to
eliminate cost-sharing requirements and reduce burdens
on use................................................. 1330
Report on contracts with entities affiliated with the
Government of the People's Republic of China or the
Chinese Communist Party................................ 1330
Investment in supply chain security under Defense
Production Act of 1950................................. 1331
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT...... 1331
Subtitle A--Office of the Secretary of Defense and Related
Matters.................................................... 1331
Headquarters activities of the Department of Defense
matters (sec. 901)..................................... 1331
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. 902)................................. 1332
Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and
related matters (sec. 903)............................. 1333
Assessments of responsibilities and authorities of the
Chief Management Officer of the Department of Defense
(sec. 904)............................................. 1333
Senior Military Advisor for Cyber Policy and Deputy
Principal Cyber Advisor (sec. 905)..................... 1333
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. 906).............. 1334
Subtitle B--Organization and Management of Other Department
of Defense Offices and Elements............................ 1334
Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and
Air Force (sec. 911)................................... 1334
Subtitle C--Other Department of Defense Organization and
Management Matters......................................... 1334
Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense (sec. 921)..................................... 1334
Limitation on consolidation of Defense Media Activity
(sec. 922)............................................. 1335
Report on resources to implement the civilian casualty
policy of the Department of Defense (sec. 923)......... 1335
Subtitle D--United States Space Force........................ 1335
United States Space Force Act (secs. 951-961)............ 1335
Legislative Provisions Not Adopted........................... 1339
Repeal of conditional designation of Explosive Ordnance
Disposal Corps as a basic branch of the Army........... 1339
Modernization of certain forms and surveys............... 1340
TITLE X--GENERAL PROVISIONS...................................... 1340
Subtitle A--Financial Matters................................ 1340
General transfer authority (sec. 1001)................... 1340
Defense Business Audit Remediation Plan (sec. 1002)...... 1340
Financial improvement and audit remediation plan (sec.
1003).................................................. 1341
Reporting requirements relating to Department of Defense
audits (sec. 1004)..................................... 1341
Inclusion of certain military construction projects in
annual reports on unfunded priorities of the Armed
Forces and the combatant commands (sec. 1005).......... 1341
Prohibition on delegation of responsibility for submittal
to Congress of Out-Year Unconstrained Total Munition
Requirements and Out-Year Inventory numbers (sec. 1006) 1341
Annual budget justification display for service-common
and other support and enabling capabilities for special
operations forces (sec. 1007).......................... 1342
Element in annual reports on the Financial Improvement
and Audit Remediation Plan on activities with respect
to classified programs (sec. 1008)..................... 1342
Plan of the Department of Defense for financial
management information (sec. 1009)..................... 1342
Update of authorities and renaming of Department of
Defense Acquisition Workforce Development Fund (sec.
1010).................................................. 1343
Transparency of accounting firms used to support
Department of Defense audit (sec. 1011)................ 1343
Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department
of Defense (sec.)...................................... 1343
Subtitle B--Counterdrug Activities........................... 1343
Modification of authority to support a unified
counterdrug and counterterrorism campaign in Colombia
(sec. 1021)............................................ 1343
Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities (sec. 1022)....................... 1344
Sense of Congress regarding Department of Defense
counterdrug activities in the transit zone and
Caribbean basin (sec. 1023)............................ 1344
Assessment of impact of proposed border wall on volume of
illegal narcotics (sec. 1024).......................... 1344
Subtitle C--Naval Vessels.................................... 1344
Modification of authority to purchase vessels using funds
in National Defense Sealift Fund (sec. 1031)........... 1344
Use of National Defense Sealift Fund for procurement of
two used vessels (sec. 1032)........................... 1344
Transportation by sea of supplies for the Armed Forces
and Defense Agencies (sec. 1033)....................... 1345
Senior Technical Authority for each naval vessel class
(sec. 1034)............................................ 1345
Permanent authority for sustaining operational readiness
of littoral combat ships on extended deployment (sec.
1035).................................................. 1345
Formal training for shipboard system programs of record
(sec. 1036)............................................ 1346
Report on shipbuilder training and the defense industrial
base (sec. 1037)....................................... 1346
Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract (sec. 1038).................. 1346
Report on expanding naval vessel maintenance (sec. 1039). 1346
Subtitle D--Counterterrorism................................. 1347
Modification of support of special operations to combat
terrorism (sec. 1041).................................. 1347
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. 1042)............................................ 1347
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. 1043)............................................ 1347
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. 1044)....................... 1347
Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station,
Guantanamo Bay, Cuba (sec. 1045)....................... 1348
Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba (sec. 1046)....................... 1348
Independent assessment on gender and countering violent
extremism (sec. 1047).................................. 1349
Subtitle E--Miscellaneous Authorities and Limitations........ 1349
Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments (sec.
1051).................................................. 1349
Explosive ordnance defense disposal program (sec. 1052).. 1349
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. 1053).................................... 1349
Notification on the provision of defense sensitive
support (sec. 1054).................................... 1349
Revision to authorities relating to mail service for
members of the Armed Forces and Department of Defense
civilians overseas (sec. 1055)......................... 1350
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. 1056).... 1350
Expenditure of funds for Department of Defense
intelligence and counterintelligence activities (sec.
1057).................................................. 1350
Limitation on use of funds for the inactivation of Army
watercraft units (sec. 1058)........................... 1351
Legislative Provisions Not Adopted........................... 1351
Independent public accountant audit of financial systems
of the Department of Defense........................... 1351
Modification of authority to provide support to other
agencies for counterdrug activities and activities to
counter transnational organized crime.................. 1351
Repeal of Secretary of Defense review of curricula and
program structures of National Guard counterdrug
schools................................................ 1351
Clarification of authority of military commissions under
chapter 47A of title 10, United States Code, to punish
contempt............................................... 1352
Prohibition on use of funds for transfer to and detention
of additional individuals, including United States
citizens, at United States Naval Station, Guantanamo
Bay, Cuba.............................................. 1352
Enhancement of authorities on forfeiture of Federal
benefits by the National Guard......................... 1353
Public availability of military commission proceedings... 1353
Limitation on placement by the Under Secretary of Defense
for Personnel and Readiness of work with federally
funded research and development centers................ 1353
Modification and technical correction of authority for
deployment of members of the Armed Forces to the
southern land border of the United States.............. 1353
Use of funds for defense of the Armed Forces and United
States citizens against attack by foreign hostile
forces................................................. 1354
Prohibition on use of funds for construction of a wall,
fence, or other physical barrier along the southern
border of the United States............................ 1354
Limitation on use of funds to house children separated
from parents........................................... 1354
Limitation on use of funds for providing housing for
unaccompanied alien children........................... 1354
Transfer of certain items included in categories I, II,
and III of the United States Munitions List to the
Commerce Control List.................................. 1355
Limitation on use of funds for reimbursement of expenses
at certain properties.................................. 1355
Limitation on use of funds for exhibition of parade of
military forces and hardware for review by the
President.............................................. 1355
Prohibition on use of DOD equipment, personnel, and
facilities for ICE detention........................... 1355
Report on joint force plan for implementation of
strategies of the Department of Defense for the Arctic. 1355
Report on use of Northern Tier bases in implementation of
Arctic strategy of the United States................... 1356
Comptroller General of the United States report on post-
government employment of former Department of Defense
officials.............................................. 1356
Elimination of requirement to submit reports to Congress
in paper format........................................ 1356
Sense of Congress regarding modular airborne fire
fighting system........................................ 1357
Report on policies relating to small farms............... 1357
Report on financial costs of overseas United States
military posture and operations........................ 1358
Public availability of Chief Management Office annual
budget reports......................................... 1358
Plan to increase and expand cold weather training........ 1358
Comptroller General review of Department of Defense
support for the Department of Homeland Security
operations on the southwest border of the United States 1359
Disposal of IPv4 addresses............................... 1359
Prohibition on denial of Department of Veterans Affairs
home loans for veterans who legally work in the
marijuana industry..................................... 1359
Inclusion on the Vietnam Veterans Memorial Wall of the
names of the lost crew members of the U.S.S. Frank E.
Evans killed on June 3, 1969........................... 1359
Report on executive helicopter flights in the National
Capital Region......................................... 1360
Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations Appropriation............ 1360
Contracts by the President or Vice President............. 1360
Interoperability of communications between military
installations and adjacent jurisdictions............... 1361
Chinese language and culture studies within the Defense
Language and National Security Education Office........ 1361
Modification of prohibition on availability of funds for
Chinese language programs at certain institutions of
higher education....................................... 1361
Lessons learned and best practices on progress of gender
integration implementation in the Armed Forces......... 1361
Strategies for recruitment and retention of women in the
Armed Forces........................................... 1362
Honoring last surviving Medal of Honor recipient of
Second World War....................................... 1362
Credit monitoring........................................ 1362
Sense of Congress regarding Army Contracting Command--New
Jersey................................................. 1362
Review and report on experimentation with ticks and
insects................................................ 1362
Pilot program to provide broadband access to military
families and medical facilities on remote and isolated
bases.................................................. 1363
Sense of Congress regarding military working dogs and
soldier handlers....................................... 1363
Funding limitation for the Erie Canalway National
Heritage Corridor...................................... 1363
Inspection of facilities used to house, detain, screen,
and review migrants and refugees....................... 1363
Sense of Congress regarding the 2001 Authorization for
Use of Military Force.................................. 1364
Prohibition on export of air to ground munitions, related
components and parts of such munitions, and related
services to Saudi Arabia and the United Arab Emirates.. 1364
Reporting regarding cancelled appropriations............. 1364
Inclusion of progress of the Department of Defense in
achieving auditable financial statements in annual
reports on the Financial Improvement and Audit
Remediation Plan....................................... 1365
Silver Star Service Banner Day........................... 1365
Comptroller General of the United States report on the
effects of continuing resolutions on readiness and
planning of the Department of Defense.................. 1365
Sense of Congress on the naming of a naval vessel in
honor of Senior Chief Petty Officer Shannon Kent....... 1366
TITLE XI--CIVILIAN PERSONNEL MATTERS............................. 1366
Subtitle A--General Provisions............................... 1366
Defense Advanced Research Projects Agency personnel
management authority (sec. 1101)....................... 1366
Report on the probationary period for Department of
Defense employees (sec. 1102).......................... 1366
Civilian personnel management (sec. 1103)................ 1366
One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone (sec. 1104) 1367
One-year extension of authority to waive annual
limitation on premium pay and aggregate limitation on
pay for Federal civilian employees working overseas
(sec. 1105)............................................ 1367
Performance of civilian functions by military personnel
(sec. 1106)............................................ 1367
Extension of direct hire authority for domestic
industrial base facilities and Major Range and Test
Facilities Base (sec. 1107)............................ 1368
Authority to provide additional allowances and benefits
for certain Defense Clandestine Service employees (sec.
1108).................................................. 1368
Modification of direct hire authorities for the
Department of Defense (sec. 1109)...................... 1368
Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act (sec. 1110)............................. 1369
Continuing supplemental dental and vision benefits and
long-term care insurance coverage during a Government
shutdown (sec. 1111)................................... 1369
Limitation on transfer of Office of Personnel Management
(sec. 1112)............................................ 1369
Assessment of Accelerated Promotion Program suspension
(sec. 1113)............................................ 1370
Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation
(sec. 1114)............................................ 1370
Clarification of limitation on expedited hiring authority
for post-secondary students (sec. 1115)................ 1370
Modification of temporary assignments of Department of
Defense employees to a private-sector organization
(sec. 1116)............................................ 1370
Extension of authority for part-time reemployment (sec.
1117).................................................. 1371
Subtitle B--Fair Chance Act.................................. 1371
Short title (sec. 1121-1124)............................. 1371
Subtitle C--ATC Hiring Reform................................ 1371
ATC Hiring Reform (secs. 1131-1135)...................... 1371
Legislative Provisions Not Adopted........................... 1371
Prohibited personnel practices........................... 1371
Enhancement of antidiscrimination protections for Federal
employees.............................................. 1371
Permitted disclosures by whistleblowers.................. 1372
Interim stay authority to protect whistleblowers......... 1372
Review of Standard Occupational Classification System.... 1372
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS................... 1373
Subtitle A--Assistance and Training.......................... 1373
Modification of authority to build capacity of foreign
security forces (sec. 1201)............................ 1373
Modification and extension of cross servicing agreements
for loan of personnel protection and personnel
survivability equipment in coalition operations (sec.
1202).................................................. 1373
Modifications of authorities relating to acquisition and
cross-servicing agreements (sec. 1203)................. 1373
Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs
and activities (sec. 1204)............................. 1374
Gender perspectives and participation by women in
security cooperation activities (sec. 1205)............ 1374
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. 1206)........ 1374
Extension of authority for support of special operations
for irregular warfare (sec. 1207)...................... 1374
Extension and modification of Commanders' Emergency
Response Program and elimination of certain payments to
redress injury and loss (sec. 1208).................... 1375
Two-year extension of program authority for Global
Security Contingency Fund (sec. 1209).................. 1375
Legal institutional capacity building initiative for
foreign defense institutions (sec. 1210)............... 1375
Department of Defense support for stabilization
activities in national security interest of the United
States (sec. 1210A).................................... 1375
Subtitle B--Matters Relating to Afghanistan and Pakistan..... 1376
Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan (sec. 1211)...................... 1376
Extension and modification of authority to acquire
products and services produced in countries along a
major route of supply to Afghanistan (sec. 1212)....... 1376
Authority for certain payments to redress injury and loss
(sec. 1213)............................................ 1376
Extension and modification of semiannual report on
enhancing security and stability in Afghanistan (sec.
1214).................................................. 1376
Special Immigrant Visa Program reporting requirement
(sec. 1215)............................................ 1377
Meaningful inclusion of Afghan women in peace
negotiations (sec. 1216)............................... 1377
Extension and modification of authority for reimbursement
of certain coalition nations for support provided to
United States military operations (sec. 1217).......... 1377
Support for reconciliation activities led by the
Government of Afghanistan (sec. 1218).................. 1378
Modification and Extension of the Afghan Special
Immigrant Visa Program (sec. 1219)..................... 1378
Subtitle C--Matters Relating to Syria, Iraq, and Iran........ 1378
Modification of authority and limitation on use of funds
to provide assistance to counter the Islamic State of
Iraq and Syria (sec. 1221)............................. 1378
Extension and modification of authority to provide
assistance to the vetted Syrian groups and individuals
(sec. 1222)............................................ 1379
Modification of authority to support operations and
activities of the Office of Security Cooperation in
Iraq (sec. 1223)....................................... 1379
Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria (sec. 1224).... 1379
Report on lessons learned from efforts to liberate Mosul
and Raqqah from control of the Islamic State of Iraq
and Syria (sec. 1225).................................. 1380
Expansion of availability of financial assets of Iran to
victims of terrorism (sec. 1226)....................... 1380
Report on the status of deconfliction channels with Iran
(sec. 1227)............................................ 1380
Prohibition on provision of weapons and other forms of
support to certain organizations (sec. 1228)........... 1381
Subtitle D--Matters Relating to the Russian Federation....... 1381
Extension of limitation on military cooperation between
the United States and Russia (sec. 1231)............... 1381
Prohibition on availability of funds relating to
sovereignty of Russia over Crimea (sec. 1232).......... 1381
Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United
States and Russia (sec. 1233).......................... 1382
United States participation in Open Skies Treaty (sec.
1234).................................................. 1382
Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty
(sec. 1235)............................................ 1383
Report on treaties relating to nuclear arms control (sec.
1236).................................................. 1383
Reports relating to the New START Treaty (sec. 1237)..... 1384
Report on military activities of the Russian Federation
and the People's Republic of China in the Arctic region
(sec. 1238)............................................ 1384
Updated strategy to counter the threat of malign
influence by the Russian Federation and other countries
(sec. 1239)............................................ 1384
Subtitle E--Matters Relating to Europe and NATO.............. 1385
Sense of Congress on support for the North Atlantic
Treaty Organization (sec. 1241)........................ 1385
Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic
Treaty (sec. 1242)..................................... 1385
Future years plans and planning transparency for European
Deterrence Initiative (sec. 1243)...................... 1386
Modification and extension of Ukraine Security Assistance
Initiative (sec. 1244)................................. 1386
Limitation on transfer of F-35 aircraft to Turkey (sec.
1245).................................................. 1387
Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint
program for interoperability and deterrence against
aggression (sec. 1246)................................. 1388
Extension of authority for and report on training for
Eastern European national security forces in the course
of multilateral exercises (sec. 1247).................. 1389
Extension and modification of NATO Special Operations
Headquarters (sec. 1248)............................... 1389
North Atlantic Treaty Organization Joint Force Command
(sec. 1249)............................................ 1389
Report on North Atlantic Treaty Organization Readiness
Initiative (sec. 1250)................................. 1390
Repeal of prohibition on transfer of articles on the
United States Munitions List to the Republic of Cyprus
(sec. 1250A)........................................... 1390
Subtitle F--Matters Relating to the Indo-Pacific Region...... 1390
Modification of Indo-Pacific Maritime Security Initiative
(sec. 1251)............................................ 1390
Expansion of Indo-Pacific Maritime Security Initiative
and limitation on use of funds (sec. 1252)............. 1391
Report on resourcing United States defense requirements
for the Indo-Pacific region and study on competitive
strategies (sec. 1253)................................. 1391
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. 1254)................ 1392
Report on direct, indirect, and burden-sharing
contributions of Japan and South Korea (sec. 1255)..... 1393
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. 1256).................. 1393
Sense of Congress on North Korea (sec. 1257)............. 1393
Statement of policy and sense of Congress on, and
strategy to fulfill obligations under, Mutual Defense
Treaty with the Republic of the Philippines (sec. 1258) 1394
Report on security cooperation with the Philippine
National Police (sec. 1259)............................ 1394
Modification of annual report on military and security
developments involving the People's Republic of China
(sec. 1260)............................................ 1395
Report on foreign military activities in Pacific Island
countries (sec. 1260A)................................. 1395
Report on cybersecurity activities with Taiwan (sec.
1260B)................................................. 1395
Review and report related to the Taiwan Relations Act
(sec. 1260C)........................................... 1395
Sense of Congress on enhancement of the United States-
Taiwan defense relationship (sec. 1260D)............... 1396
Chinese foreign direct investment in countries of the
Arctic region (sec. 1260E)............................. 1396
Sense of Congress on policy toward Hong Kong (sec. 1260F) 1396
Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore (sec. 1260G) 1397
Authority to transfer funds for Bien Hoa dioxin cleanup
(sec. 1260H)........................................... 1397
Limitation on removal of Huawei Technologies Co. Ltd.
from entity list of Bureau of Industry and Security
(1260I)................................................ 1397
Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order (sec. 1260J)........... 1397
Report on the lay-down of United States Marines in the
Indo-Pacific region (sec. 1260K)....................... 1398
Subtitle G--Other Matters.................................... 1398
Modification to report on legal and policy frameworks for
the use of military force (sec. 1261).................. 1398
Independent review of sufficiency of resources available
to United States Southern Command and United States
Africa Command (sec. 1262)............................. 1398
United States Central Command posture assessment and
review (sec. 1263)..................................... 1399
Limitation on production of nuclear proliferation
assessment statements (sec. 1264)...................... 1399
Western hemisphere resource assessment (sec. 1265)....... 1400
Human rights in Brazil (sec. 1266)....................... 1400
Certification relating to assistance for Guatemala (sec.
1267).................................................. 1400
Independent analysis of human rights situation in
Honduras (sec. 1268)................................... 1400
Briefing on strategy to improve the efforts of the
Nigerian military to prevent, mitigate, and respond to
civilian harm (sec. 1269).............................. 1401
Report on implications of Chinese military presence in
Djibouti (sec. 1270)................................... 1401
Rule of construction on the permanent stationing of
United States Armed Forces in Somalia (sec. 1271)...... 1401
Defense and diplomatic strategy for Libya (sec. 1272).... 1402
Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing
civil war in Yemen (sec. 1273)......................... 1402
Report on Saudi led coalition strikes in Yemen (sec.
1274).................................................. 1402
Reports on expenses incurred for in-flight refueling of
Saudi coalition aircraft conducting missions relating
to civil war in Yemen (sec. 1275)...................... 1402
Report on Saudi Arabia's human rights record (sec. 1276). 1402
Report on intelligence community assessment relating to
the killing of Washington Post columnist Jamal
Khashoggi (sec. 1277).................................. 1403
United States-Israel cooperation to counter unmanned
aerial systems (sec. 1278)............................. 1403
Extension and modification of authority for United
States-Israel anti-tunnel cooperation activities (sec.
1279).................................................. 1403
Report on cost imposition strategy (sec. 1280)........... 1403
Modification of initiative to support protection of
national security academic researchers from undue
influence and other security threats (sec. 1281)....... 1404
Modification of responsibility for policy on civilian
casualty matters (sec. 1282)........................... 1405
Report on export of certain satellites to entities with
certain beneficial ownership status (sec. 1283)........ 1405
Rule of construction relating to use of military force
(sec. 1284)............................................ 1405
Reports and briefings on use of military force and
support of partner forces (sec. 1285).................. 1405
Legislative Provisions Not Adopted........................... 1406
Report on participants in security cooperation training
programs and recipients of security assistance training
that have been designated for human rights abuses or
terrorist activities................................... 1406
Prohibition on use of funds to transfer defense articles
and services to Azerbaijan............................. 1407
Multinational regional security education center......... 1407
Training for participants in professional military
education programs..................................... 1408
Report on plan to transfer funds in connection with the
provision of support under section 385 of title 10,
United States Code..................................... 1408
Rule of construction relating to use of military force
against Iran........................................... 1408
Sense of Congress on support for Ministry of Peshmerga
Forces of the Kurdistan Region of Iraq................. 1409
Sense of Congress on supporting the return and
repatriation of religious and ethnic minorities in Iraq
to their ancestral homelands........................... 1410
Prohibition of unauthorized military force in or against
Iran................................................... 1410
Report on Russian military involvement in the AFRICOM AOR 1410
United States actions relating to Russian interference in
elections for Federal office........................... 1411
Extension and modification of report on military and
security developments involving North Korea............ 1411
Report by Defense Intelligence Agency on certain military
capabilities of China and Russia....................... 1412
Modification of report relating to enhancing defense and
security cooperation with India........................ 1412
Sense of Congress on the enduring United States
commitment to the Freely Associated States............. 1413
Sense of Congress on United States-India defense
relationship........................................... 1413
Report on value of investments in dual use infrastructure
projects by NATO member states......................... 1413
Sense of Senate on the United States-Japan alliance and
defense cooperation.................................... 1413
European Center of Excellence for Countering Hybrid
Threats................................................ 1414
Sense of Senate on United States-India defense
relationship........................................... 1414
Sense of Congress on European investments in national
security............................................... 1414
Briefing on Department of Defense program to protect
United States students against foreign assets.......... 1415
Sense of Senate on enhanced cooperation with Pacific
Island countries to establish open-source intelligence
fusion centers in the Indo-Pacific region.............. 1415
Limitation on availability of certain funds until report
submitted on Department of Defense awards and
disciplinary action as a result of the 2017 incident in
Niger.................................................. 1415
Rule of construction relating to use of military force
against Venezuela...................................... 1416
Restriction on emergency authority relating to arms sales
under the Arms Export Control Act...................... 1416
Report on annual defense spending by ally and partner
countries.............................................. 1416
Reports on contributions to the North Atlantic Treaty
Organization........................................... 1417
Sense of Congress on the United States-Israel
relationship........................................... 1418
Sense of Congress on stability of the Caucasus region and
the continuation of the Nagorno Karabakh cease-fire.... 1418
Limitation on use of funds from the Special Defense
Acquisition Fund....................................... 1418
Prohibition on the use of emergency authorities for the
sale or transfer of defense articles and services to
Saudi Arabia and the United Arab Emirates.............. 1418
Prohibition on support for military participation against
the Houthis............................................ 1419
Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin........................................ 1419
Sense of Congress relating to Mongolia................... 1419
Report on relationship between Lebanese armed forces and
Hizballah.............................................. 1420
Imposition of sanctions relating to Central America...... 1420
Report on hostilities involving United States Armed
Forces................................................. 1420
Repeal of Authorization for the Use of Military Force.... 1420
Short title.............................................. 1421
Modification of certification and report requirements
relating to sales of major defense equipment with
respect to which nonrecurring costs of research,
development, and production are waived or reduced under
the Arms Export Control Act............................ 1421
Review and report on use and management of administrative
surcharges under the foreign military sales program.... 1421
Performance measures to monitor foreign military sales
program................................................ 1421
Report and briefing on administrative budgeting of
foreign military sales program......................... 1421
Training program for relevant officials and staff of the
Defense Security Cooperation Agency.................... 1422
Definitions.............................................. 1422
Sense of Senate on security concerns with respect to
leasing arrangements for the Port of Haifa in Israel... 1422
Matters relating to Burma................................ 1422
Sanctions with respect to foreign persons that engage in
activities described in section 1281(a)(2)............. 1423
Stop Financing of Al-Shabaab Act......................... 1423
Report on contracts with entities affiliated with the
Government of the People's Republic of China or the
Chinese Communist Party................................ 1423
United States-India defense cooperation in the Western
Indian Ocean........................................... 1424
Sense of Congress on Hong Kong port visits............... 1424
Implementation of the Asia Reassurance Initiative Act
with regard to Taiwan arms sales....................... 1424
TITLE XIII--COOPERATIVE THREAT REDUCTION......................... 1424
Funding allocations; specification of cooperative threat
reduction funds (sec. 1301)............................ 1424
Legislative Provisions Not Adopted........................... 1424
Funding for cooperative biological engagement program.... 1424
Cooperative Threat Reduction Program enhancement......... 1425
TITLE XIV--OTHER AUTHORIZATIONS.................................. 1425
Subtitle A--Military Programs................................ 1425
Working capital funds (sec. 1401)........................ 1425
Chemical agents and munitions destruction, defense (sec.
1402).................................................. 1425
Drug interdiction and counter-drug activities, defense-
wide (sec. 1403)....................................... 1425
Defense inspector general (sec. 1404).................... 1425
Defense health program (sec. 1405)....................... 1426
Subtitle B--Other Matters.................................... 1426
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. 1411)...................... 1426
Authorization of appropriations for Armed Forces
Retirement Home (sec. 1412)............................ 1426
Legislative Provisions Not Adopted........................... 1426
National Defense Sealift Fund............................ 1426
Expansion of eligibility for residence at the Armed
Forces Retirement Home................................. 1426
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS......................................... 1427
Purpose (sec. 1501)...................................... 1427
Treatment as additional authorizations (sec. 1502)....... 1427
Subtitle A--Authorization of Appropriations for Overseas
Contigency Operations...................................... 1427
Overseas contingency operations (sec. 1511).............. 1427
Procurement (sec. 1512).................................. 1427
Research, development, test, and evaluation (sec. 1513).. 1428
Operation and maintenance (sec. 1514).................... 1428
Military personnel (sec. 1515)........................... 1428
Working capital funds (sec. 1516)........................ 1428
Drug interdiction and counter-drug activities, defense-
wide (sec. 1517)....................................... 1428
Defense inspector general (sec. 1518).................... 1428
Defense health program (sec. 1519)....................... 1429
Afghanistan Security Forces Fund (sec. 1520)............. 1429
Special transfer authority (sec. 1520A).................. 1429
Subtitle B--Authorization of Appropriations for Emergency
Funds for Recovery and Restoration......................... 1430
Procurement (sec. 1521).................................. 1430
Research, development, test, and evaluation (sec. 1522).. 1430
Operation and maintenance (sec. 1523).................... 1430
Restriction on transfer of funds authorized by this
subtitle (sec. 1524)................................... 1430
Legislative Provisions Not Adopted........................... 1430
Review of Joint Improvised-Threat Defeat Organization
research relating to humanitarian demining efforts..... 1430
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS... 1431
Budget Items................................................. 1431
Standard Missile-3 Block IIA flight test against
intercontinental ballistic missile target.............. 1431
Subtitle A--Space Activities................................. 1431
Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United
States Strategic Command (sec. 1601)................... 1431
Coordination of modernization efforts relating to
military-code capable GPS receiver cards (sec. 1602)... 1431
Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global
Positioning System (sec. 1603)......................... 1432
Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability
(sec. 1604)............................................ 1432
Space-based environmental monitoring mission requirements
(sec. 1605)............................................ 1432
Resilient enterprise ground architecture (sec. 1606)..... 1432
Prototype program for multi-global navigation satellite
system receiver development (sec. 1607)................ 1433
Commercial space situational awareness capabilities (sec.
1608).................................................. 1433
Program to enhance and improve launch support and
infrastructure (sec. 1609)............................. 1434
Preparation to implement plan for use of allied launch
vehicles (sec. 1610)................................... 1434
Independent study on plan for deterrence in space (sec.
1611).................................................. 1434
Study on leveraging diverse commercial satellite remote
sensing capabilities (sec. 1612)....................... 1434
Annual report on Space Command and Control program (sec.
1613).................................................. 1434
Report on Space Debris (sec. 1614)....................... 1435
Subtitle B--Defense Intelligence and Intelligence-Related
Activities................................................. 1435
Redesignation of Under Secretary of Defense for
Intelligence as Under Secretary of Defense for
Intelligence and Security (sec. 1621).................. 1435
Modifications to ISR Integration Council and annual
briefing requirements (sec. 1622)...................... 1436
Modification of annual authorization of appropriations
for National Flagship Language Initiative (sec. 1623).. 1436
Improving the onboarding methodology for intelligence
personnel (sec. 1624).................................. 1436
Defense Counterintelligence and Security Agency
activities on facilitating access to local criminal
records historical data (sec. 1625).................... 1436
Survey and report on alignment of intelligence
collections capabilities and activities with Department
of Defense requirements (sec. 1626).................... 1436
Reports on Consolidated Adjudication Facility of the
Defense Counterintelligence and Security Agency (sec.
1627).................................................. 1437
Report on the expanded purview of the Defense
Counterintelligence and Security Agency (sec. 1628).... 1437
Termination of requirement for Department of Defense
facility access clearances for joint ventures composed
of previously-cleared entities (sec. 1629)............. 1437
Subtitle C--Cyberspace-Related Matters....................... 1438
Matters relating to military operations in the
information environment (sec. 1631).................... 1438
Notification requirements for sensitive military cyber
operations (sec. 1632)................................. 1438
Evaluation of cyber vulnerabilities of major weapon
systems of the Department of Defense (sec. 1633)....... 1438
Quarterly assessments of the readiness of Cyber Mission
Forces (sec. 1634)..................................... 1439
Cyber posture review (sec. 1635)......................... 1439
Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of
the United States Cyber Command (sec. 1636)............ 1439
Modification of cyber scholarship program (sec. 1637).... 1440
Tier 1 exercise of support to civil authorities for a
cyber incident (sec. 1638)............................. 1440
Extension of the Cyberspace Solarium Commission (sec.
1639).................................................. 1440
Authority to use operation and maintenance funds for
cyber operations-peculiar capability development
projects (sec. 1640)................................... 1441
Role of Chief Information Officer in improving
enterprise-wide cybersecurity (sec. 1641).............. 1441
Notification of delegation of authorities to the
Secretary of Defense for military operations in
cyberspace (sec. 1642)................................. 1441
Limitation of funding for Consolidated Afloat Networks
and Enterprise Services (sec. 1643).................... 1442
Annual military cyberspace operations report (sec. 1644). 1442
Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities (sec.
1645).................................................. 1442
Control and analysis of Department of Defense data stolen
through cyberspace (sec. 1646)......................... 1442
Use of National Security Agency cybersecurity expertise
to support evaluation of commercial cybersecurity
products (sec. 1647)................................... 1443
Framework to enhance cybersecurity of the United States
defense industrial base (sec. 1648).................... 1443
Report on cybersecurity training programs (sec. 1649).... 1443
National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace (sec.
1650).................................................. 1444
Reorientation of Big Data Platform program (sec. 1651)... 1444
Zero-based review of Department of Defense cyber and
information technology personnel (sec. 1652)........... 1444
Study on improving cyber career paths in the Navy (sec.
1653).................................................. 1444
Accreditation standards and processes for cybersecurity
and information technology products and services (sec.
1654).................................................. 1444
Study on future cyber warfighting capabilities of
Department of Defense (sec. 1655)...................... 1445
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.
1656).................................................. 1445
Cyber governance structures and Principal Cyber Advisors
on military cyber force matters (sec. 1657)............ 1445
Designation of test networks for testing and
accreditation of cybersecurity products and services
(sec. 1658)............................................ 1446
Consortia of universities to advise Secretary of Defense
on cybersecurity matters (sec. 1659)................... 1446
Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements (sec.
1660).................................................. 1446
Subtitle D--Nuclear Forces................................... 1447
Conforming amendment to Council on Oversight of the
National Leadership Command, Control, and
Communications System (sec. 1661)...................... 1447
Modification of authorities relating to nuclear command,
control, and communications system (sec. 1662)......... 1447
Briefings on meetings held by Nuclear Weapons Council
(sec. 1663)............................................ 1447
Consideration of budget matters at meetings of Nuclear
Weapons Council (sec. 1664)............................ 1447
Improvement to annual report on the modernization of the
nuclear weapons enterprise (sec. 1665)................. 1448
Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons
and nuclear command and control system (sec. 1666)..... 1448
Extension of annual briefing on costs of forward-
deploying nuclear weapons in Europe (sec. 1667)........ 1448
Elimination of conventional requirement for long-range
standoff weapon (sec. 1668)............................ 1449
Briefing on long-range standoff weapon and sea-launched
cruise missile (sec. 1669)............................. 1449
Extension of prohibition on availability of funds for
mobile variant of ground-based strategic deterrent
missile (sec. 1670).................................... 1449
Reports on development of ground-based strategic
deterrent weapon (sec. 1671)........................... 1449
Prohibition on reduction of the intercontinental
ballistic missiles of the United States (sec. 1672).... 1450
Independent study on policy of no-first-use of nuclear
weapons (sec. 1673).................................... 1450
Independent study on risks of nuclear terrorism and
nuclear war (sec. 1674)................................ 1450
Report on military-to-military dialogue to reduce risks
of miscalculation leading to nuclear war (sec. 1675)... 1450
Report on nuclear forces of the United States and near-
peer countries (sec. 1676)............................. 1451
Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons (sec. 1677)............................ 1451
Report on operation of conventional forces of certain
combatant commands under employment or threat of
employment of nuclear weapons (sec. 1678).............. 1451
Briefings on plan for future-systems-level architecture
of nuclear command, control, and communications systems
(sec. 1679)............................................ 1452
Sense of Congress on nuclear deterrence commitments of
the United States (sec. 1680).......................... 1452
Subtitle E--Missile Defense Programs......................... 1452
National missile defense policy (sec. 1681).............. 1452
Development of space-based ballistic missile intercept
layer (sec. 1682)...................................... 1453
Development of hypersonic and ballistic missile tracking
space sensor payload (sec. 1683)....................... 1453
Modifications to required testing by Missile Defense
Agency of ground-based midcourse defense element of
ballistic missile defense system (sec. 1684)........... 1454
Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and
co-production (sec. 1685).............................. 1454
Limitation on availability of funds for lower tier air
and missile defense sensor (sec. 1686)................. 1454
Plan for the redesigned kill vehicle replacement (sec.
1687).................................................. 1454
Organization, authorities, and billets of the Missile
Defense Agency (sec. 1688)............................. 1455
Annual assessment of ballistic missile defense system
(sec. 1689)............................................ 1456
Command and control, battle management, and
communications program (sec. 1690)..................... 1456
Missile defense interceptor site in contiguous United
States (sec. 1691)..................................... 1456
Independent study on impacts of missile defense
development and deployment (sec. 1692)................. 1457
Report and briefing on multi-volume kill capability (sec.
1693).................................................. 1457
Subtitle F--Other Matters.................................... 1457
Extension of authorization for protection of certain
facilities and assets from unmanned aircraft (sec.
1694).................................................. 1457
Repeal of requirement for commission on electromagnetic
pulse attacks and similar events (sec. 1695)........... 1458
Repeal of review requirement for ammonium perchlorate
report (sec. 1696)..................................... 1458
Transferability of conventional prompt global strike
weapon system technologies to surface-launched
platforms (sec. 1697).................................. 1458
Prohibition on availability of funds for certain
offensive ground-launched ballistic or cruise missile
systems (sec. 1698).................................... 1458
Hard and deeply buried targets (sec. 1699)............... 1459
Legislative Provisions Not Adopted........................... 1459
Intelligence assessment of relationship between women and
violent extremism...................................... 1459
Modification of term of Commander of Air Force Space
Command................................................ 1459
Funding for Defense Counterintelligence and Security
Agency................................................. 1460
Report on potential Defense Intelligence Polygraph
Examination Military Transition Program................ 1460
National Security Space Launch Program................... 1461
Cybersecurity Defense Academy pilot program.............. 1461
Expansion of authority for access and information
relating to cyberattacks on Department of Defense
operationally critical contractors..................... 1461
Briefing on memorandum of understanding relating to joint
operational planning and control of cyberattacks of
national scale......................................... 1462
Prohibition on availability of funds for deployment of
low-yield ballistic missile warhead.................... 1463
Sense of the Senate on industrial base for ground-based
strategic deterrent program............................ 1463
Missile defense radar in Hawaii.......................... 1463
Sense of the Senate on missile defense technology
development priorities................................. 1464
Modification to reports on certain solid rocket motors... 1464
Sense of Senate on support for a robust and modern ICBM
force to maximize the value of the nuclear triad of the
United States.......................................... 1464
TITLE XVII--REPORTS AND OTHER MATTERS............................ 1464
Subtitle A--Studies And Reports.............................. 1464
Modification of annual reporting requirement on defense
manpower (sec. 1701)................................... 1464
Termination of requirement for submittal to Congress of
certain recurring reports (sec. 1702).................. 1465
Modification of annual report on civilian casualties in
connection with United States military operations (sec.
1703).................................................. 1465
Extension of requirement for briefings on the national
biodefense strategy (sec. 1704)........................ 1466
Authorization of appropriations for title III of the
Defense Production Act of 1950 (sec. 1705)............. 1466
Report on the Department of Defense plan for mass-
casualty disaster response operations in the Arctic
(sec. 1706)............................................ 1466
Transmittal to Congress of requests for assistance from
other departments of the Federal Government that are
approved by the Department of Defense (sec. 1707)...... 1466
Report and briefing on implementation of national defense
strategy (sec. 1708)................................... 1467
Actions to increase analytic support (sec. 1709)......... 1467
Inclusion of certain individuals investigated by
Inspectors General in the semiannual report (sec. 1710) 1467
Annual report on Joint Military Information Support
Operations Web Operations Center (sec. 1711)........... 1468
Mobility capability requirements study (sec. 1712)....... 1468
Assessment of special operations force structure (sec.
1713).................................................. 1468
Army aviation strategic plan and modernization roadmap
(sec. 1714)............................................ 1468
Report on ground based long-range artillery to counter
land and maritime threats (sec. 1715).................. 1468
Independent review of transportation working-capital fund
(sec. 1716)............................................ 1469
Geographic command risk assessment of proposed use of
certain aircraft capabilities (sec. 1717).............. 1469
Report on the backlog of personnel security clearance
adjudications (sec. 1718).............................. 1469
Report regarding outstanding Government Accountability
Office recommendations (sec. 1719)..................... 1469
Report on National Guard and United States Northern
Command capacity to meet homeland defense and security
incidents (sec. 1720).................................. 1470
Assessment of standards, processes, procedures, and
policy relating to civilian casualties (sec. 1721)..... 1470
Report on transfers of equipment to prohibited entities
(sec. 1722)............................................ 1470
Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities (sec. 1723)................................ 1470
Review and assessment of mitigation of military
helicopter noise (sec. 1724)........................... 1471
Subtitle B--Other Matters.................................... 1471
Technical, conforming, and clerical amendments (sec.
1731).................................................. 1471
Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification (sec. 1732)............................... 1471
Clarification of authority of Inspectors General for
overseas contingency operations (sec. 1733)............ 1471
Employment status of annuitants for Inspectors General
for overseas contingency operations (sec. 1734)........ 1472
Extension of National Security Commission on Artificial
Intelligence (sec. 1735)............................... 1472
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. 1736)................................. 1473
Extension of postage stamp for breast cancer research
(sec. 1737)............................................ 1473
National Commission on Military Aviation Safety (sec.
1738).................................................. 1473
Guarantee of residency for spouses of members of
uniformed services (sec. 1739)......................... 1474
Electromagnetic pulses and geomagnetic disturbances (sec.
1740).................................................. 1474
Improvements to Manufacturing USA Program (sec. 1741).... 1474
Regional innovation program (sec. 1742).................. 1474
Aviation workforce development (sec. 1743)............... 1475
Oversight of Department of Defense execute orders (sec.
1744).................................................. 1475
Processes and procedures for notifications regarding
special operations forces (sec. 1745).................. 1475
Securing American science and technology (sec. 1746)..... 1476
Standardized policy guidance for calculating aircraft
operation and sustainment costs (sec. 1747)............ 1476
Special Federal Aviation Regulation Working Group (sec.
1748).................................................. 1476
Prohibition on names related to the Confederacy (sec.
1749).................................................. 1476
Support for National Maritime Heritage Grants program
(sec. 1750)............................................ 1477
Support for world language advancement and readiness
(sec. 1751)............................................ 1477
Designation of Department of Defense strategic Arctic
ports (sec. 1752)...................................... 1477
Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force
structure (sec. 1753).................................. 1477
Comprehensive Department of Defense policy on collective
self-defense (sec. 1754)............................... 1478
Policy regarding the transition of data and applications
to the cloud (sec. 1755)............................... 1478
Integrated public alert and warning system (sec. 1756)... 1478
Improving quality of information in background
investigation request packages (sec. 1757)............. 1478
Parole in place for members of the Armed Forces and
certain military dependents (sec. 1758)................ 1479
Report on reducing the backlog in legally required
historical declassification obligations of the
Department of Defense (sec. 1759)...................... 1479
Military type certification for light attack
experimentation aircraft (sec. 1760)................... 1480
Legislative Provisions Not Adopted........................... 1480
Short title.............................................. 1480
Definitions.............................................. 1480
No Force and Effect...................................... 1480
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS................. 1480
Summary and explanation of funding tables................ 1480
Short title (sec. 2001).................................. 1481
Expiration of authorizations and amounts required to be
specified by law (sec. 2002)........................... 1481
Effective date (sec. 2003)............................... 1481
TITLE XXI--ARMY MILITARY CONSTRUCTION............................ 1481
Summary.................................................. 1481
Authorized Army construction and land acquisition
projects (sec. 2101)................................... 1482
Family housing (sec. 2102)............................... 1482
Authorization of appropriations, Army (sec. 2103)........ 1483
Modification of authority to carry out certain fiscal
year 2019 projects (sec. 2104)......................... 1483
TITLE XXII--NAVY MILITARY CONSTRUCTION........................... 1483
Summary.................................................. 1483
Authorized Navy construction and land acquisition
projects (sec. 2201)................................... 1484
Family housing (sec. 2202)............................... 1484
Improvements to military family housing units (sec. 2203) 1485
Authorization of appropriations, Navy (sec. 2204)........ 1485
Modification of authority to carry out certain fiscal
year 2017 project (sec. 2205).......................... 1485
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION..................... 1485
Summary.................................................. 1485
Authorized Air Force construction and land acquisition
projects (sec. 2301)................................... 1486
Family housing (sec. 2302)............................... 1487
Improvements to military family housing units (sec. 2303) 1487
Authorization of appropriations, Air Force (sec. 2304)... 1487
Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation (sec. 2305) 1487
Modification of authority to carry out certain fiscal
year 2016 project (sec. 2306).......................... 1488
Modification of authority to carry out certain fiscal
year 2017 project (sec. 2307).......................... 1488
Modification of authority to carry out certain fiscal
year 2018 projects (sec. 2308)......................... 1488
Modification of authority to carry out certain fiscal
year 2019 projects (sec. 2309)......................... 1488
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION............... 1489
Summary.................................................. 1489
Authorized Defense Agencies construction and land
acquisition projects (sec. 2401)....................... 1490
Authorized Energy Resilience and Conservation Investment
Program projects (sec. 2402)........................... 1490
Authorization of appropriations, Defense Agencies (sec.
2403).................................................. 1490
TITLE XXV--INTERNATIONAL PROGRAMS................................ 1490
Subtitle A--North Atlantic Treaty Organization Security
Investment Program......................................... 1490
Summary.................................................. 1490
Authorized NATO construction and land acquisition
projects (sec. 2501)................................... 1491
Authorization of appropriations, NATO (sec. 2502)........ 1491
Subtitle B--Host Country In-Kind Contributions............... 1491
Republic of Korea funded construction projects (sec.
2511).................................................. 1491
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES.................. 1491
Summary.................................................. 1491
Authorized Army National Guard construction and land
acquisition projects (sec. 2601)....................... 1492
Authorized Army Reserve construction and land acquisition
projects (sec. 2602)................................... 1492
Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects (sec. 2603). 1492
Authorized Air National Guard construction and land
acquisition projects (sec. 2604)....................... 1492
Authorized Air Force Reserve construction and land
acquisition projects (sec. 2605)....................... 1493
Authorization of appropriations, National Guard and
Reserve (sec. 2606).................................... 1493
Legislative Provisions Not Adopted........................... 1493
Review and report on construction of new, or maintenance
of existing, direct fuel pipeline connections at Air
National Guard and Air Force Reserve installations..... 1493
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES............. 1495
Summary.................................................. 1495
Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account (sec. 2701)....................... 1495
Prohibition on conducting additional base realignment and
closure (BRAC) round (sec. 2702)....................... 1495
TITLE XXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS....... 1495
Subtitle A--Military Construction Program.................... 1495
Military installation resilience plans and projects (sec.
2801).................................................. 1495
Improved consultation with tribal governments when
proposed military construction projects potentially
impact Indian tribes (sec. 2802)....................... 1496
Increased authority for use of certain appropriations
amounts for restoration or replacement of damaged or
destroyed facilities (sec. 2803)....................... 1496
Amendment of Unified Facilities Criteria to promote
military installation resilience, energy resilience,
energy and climate resiliency, and cyber resilience
(sec. 2804)............................................ 1496
Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse
environmental effects (sec. 2805)...................... 1497
Improved flood risk disclosure for military construction
(sec. 2806)............................................ 1497
Prioritization of projects in annual report on unfunded
requirements for laboratory military construction
projects (sec. 2807)................................... 1497
Technical corrections and improvements to defense access
road resilience (sec. 2808)............................ 1497
Military construction projects for child development
centers at military installations (sec. 2809).......... 1497
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. 2810)..................................... 1498
Prohibition on use of funds to close or return certain
bases to the host nation (sec. 2811)................... 1498
Subtitle B--Real Property and Facilities Administration...... 1499
Improved energy security for main operating bases in
Europe (sec. 2821)..................................... 1499
Access to Department of Defense installations for
credentialed transportation workers (sec. 2822)........ 1499
Improved recording and maintaining of Department of
Defense real property data (sec. 2823)................. 1499
Subtitle C--Land Conveyances................................. 1499
Land conveyance, Hill Air Force Base, Ogden, Utah (sec.
2831).................................................. 1499
Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery
(sec. 2832)............................................ 1499
Modification of authorized uses of certain property
conveyed by the United States in Los Angeles,
California (sec. 2833)................................. 1500
Transfer of administrative jurisdiction over certain
parcels of Federal land in Arlington, Virginia (sec.
2834).................................................. 1500
Subtitle D--Military Land Withdrawals........................ 1500
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. 2841). 1500
Subtitle E--White Sands National Park and White Sands Missile
Range...................................................... 1500
White Sands Missile Range Land Enhancements (sec. 2851).. 1500
Subtitle F--Other Matters.................................... 1501
Installation and maintenance of fire extinguishers in
Department of Defense facilities (sec. 2861)........... 1501
Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance (sec. 2862)................................. 1501
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. 2863).......... 1501
Black start exercises at military installations (sec.
2864).................................................. 1501
Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense
(sec. 2865)............................................ 1502
Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc
County, California (sec. 2866)......................... 1502
Designation of Sumpter Smith Joint National Guard Base
(sec. 2867)............................................ 1502
Santa Ynez Band of Chumash Indians land affirmation (sec.
2868).................................................. 1502
Lands to be taken into trust as part of the reservation
of the Lytton Rancheria (sec. 2869).................... 1502
Little Shell Tribe of Chippewa Indians of Montana (sec.
2870).................................................. 1503
Sense of Congress on restoration of Tyndall Air Force
Base (sec. 2871)....................................... 1503
Legislative Provisions Not Adopted........................... 1503
Prohibition on use of military construction funds for
construction of a wall, fence, or other physical
barrier along the southern border of the United States. 1503
Modification and clarification of construction authority
in the event of a declaration of war or national
emergency.............................................. 1503
Modification of requirements relating to land acquisition
in Arlington County, Virginia.......................... 1503
Equal treatment of insured depository institutions and
credit unions operating on military installations...... 1504
Prohibition on use of funds to privatize temporary
lodging on installations of Department of Defense...... 1504
Report on encroachment challenges on military
installations posed by non-military aircraft........... 1504
Report on capacity of Department of Defense to provide
survivors of natural disasters with emergency short-
term housing........................................... 1505
Continued Department of Defense use of heating,
ventilation, and air conditioning systems utilizing
variable refrigerant flow.............................. 1505
Report on Department of Defense use of intergovernmental
support agreements..................................... 1505
Report on vulnerabilities from sea level rise to certain
military installations located outside the continental
United States.......................................... 1505
Report on projects awaiting approval from the Realty
Governance Board....................................... 1506
Report on lead service lines at military installations... 1506
Renaming of Lejeune High School in honor of Congressman
Walter B. Jones........................................ 1507
Operation, maintenance, and preservation of Mare Island
Naval Cemetery, Vallejo, California.................... 1507
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS
MILITARY CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION...... 1507
Subtitle A--Overseas Contingency Operations Military
Construction............................................... 1507
Summary.................................................. 1507
Authorized Army construction and land acquisition
projects (sec. 2901)................................... 1508
Authorized Navy construction and land acquisition
projects (sec. 2902)................................... 1508
Authorized Air Force construction and land acquisition
projects (sec. 2903)................................... 1509
Authorized Defense Agencies construction and land
acquisition projects (sec. 2904)....................... 1509
Authorization of appropriations (sec. 2905).............. 1509
Subtitle B--Emergency Military Construction.................. 1509
Authorization of emergency Navy construction and land
acquisition projects (sec. 2911)....................... 1509
Authorization of emergency Air Force construction and
land acquisition projects (sec. 2912).................. 1509
Authorization of emergency Army National Guard
construction and land acquisition projects (sec. 2913). 1510
Authorization of emergency Defense Agencies construction
and land acquisition projects (sec. 2914).............. 1510
Authorization of emergency supplemental appropriations
for military construction projects (sec. 2915)......... 1510
Legislative Provisions Not Adopted........................... 1510
Replenishment of certain military constructions funds.... 1510
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM................. 1510
Definitions (sec. 3001).................................. 1510
Subtitle A--Addition of New Reform Subchapter................ 1511
Improved accountability and oversight of privatized
military housing and protections and responsibilities
for tenants of privatized military housing (sec. 3011). 1511
Designation of Chief Housing Officer for privatized
military housing (sec. 3012)........................... 1511
Additional requirements relating to contracts for
privatized military housing (sec. 3013)................ 1511
Additional requirements relating to management of
privatized military housing (sec. 3014)................ 1512
Consideration of contractor history in contracts for
privatized military housing (sec. 3015)................ 1512
Additional improvements for management of privatized
military housing (sec. 3016)........................... 1512
Maintenance work order system for privatized military
housing (sec. 3017).................................... 1513
Access by tenants of privatized military housing to
maintenance work order system (sec. 3018).............. 1513
Access by tenants to historical maintenance information
for privatized military housing (sec. 3019)............ 1513
Prohibition on requirement to disclose personally
identifiable information in certain requests for
maintenance of privatized military housing (sec. 3020). 1514
Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard (sec. 3021)....................... 1514
Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to
withhold payments during dispute resolution process
(sec. 3022)............................................ 1514
Investigation of reports of reprisals relating to
privatized military housing and congressional
notification (sec. 3023)............................... 1514
Prohibition on use of nondisclosure agreements in
connection with leases of privatized military housing
(sec. 3024)............................................ 1515
Subtitle B--Other Amendatory Provisions...................... 1515
Installation of carbon monoxide detectors in military
family housing (sec. 3031)............................. 1515
Authority to furnish certain services in connection with
use of alternative authority for acquisition and
improvement of military housing (sec. 3032)............ 1515
Treatment of breach of contract for privatized military
housing (sec. 3033).................................... 1515
Modification to requirements for window fall prevention
devices in military family housing units (sec. 3034)... 1515
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. 3035).................................. 1516
Modification of authority to make payments to lessors of
privatized military housing (sec. 3036)................ 1516
Technical correction to definition used to make payments
to lessors of privatized military housing (sec. 3037).. 1516
Subtitle C--One-Time Reporting Requirements.................. 1517
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. 3041)........ 1517
Plans for creation of councils on privatized military
housing (sec. 3042).................................... 1517
Plan for establishment of Department of Defense
jurisdiction over off-base privatized military housing
(sec. 3043)............................................ 1517
Inspector General review of Department of Defense
oversight of privatized military housing (sec. 3044)... 1517
Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards
at military housing (sec. 3045)........................ 1518
Subtitle D--Development of Housing Reform Standards and
Processes.................................................. 1518
Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments
(sec. 3051)............................................ 1518
Tool for assessment of hazards in Department of Defense
housing (sec. 3052).................................... 1518
Process to identify and address environmental health
hazards in Department of Defense housing (sec. 3053)... 1518
Department of Defense policy on lead-based paint testing
on military installations (sec. 3054).................. 1519
Standard for minimum credentials for health and
environmental inspectors of privatized military housing
(sec. 3055)............................................ 1519
Requirements relating to move-in, move-out, and
maintenance of privatized military housing (sec. 3056). 1519
Standardized documentation, templates, and forms for
privatized military housing (sec. 3057)................ 1519
Satisfaction survey for tenants of military housing (sec.
3058).................................................. 1520
Subtitle E--Other Housing Reform Matters..................... 1520
Radon testing of privatized military housing (sec. 3061). 1520
Mitigation of risks posed by certain items in military
family housing units (sec. 3062)....................... 1520
Suspension of Resident Energy Conservation Program and
related programs for privatized military housing (sec.
3063).................................................. 1521
Department of the Army pilot program to build and monitor
use of single family homes (sec. 3064)................. 1521
Legislative Provisions Not Adopted........................... 1521
Command oversight of military privatized housing as
element of performance evaluations..................... 1521
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS
AND OTHER AUTHORIZATIONS....................................... 1522
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS...... 1522
Subtitle A--National Security Programs Authorizations........ 1522
National Nuclear Security Administration (sec. 3101)..... 1522
Defense environmental cleanup (sec. 3102)................ 1522
Other defense activities (sec. 3103)..................... 1522
Nuclear energy (sec. 3104)............................... 1522
Subtitle B--Program Authorizations, Restrictions, and
Limitations................................................ 1522
Personnel matters at National Nuclear Security
Administration (sec. 3111)............................. 1522
Estimation of costs of meeting defense environmental
cleanup milestones required by consent orders (sec.
3112).................................................. 1523
Office of Cost Estimating and Program Evaluation (sec.
3113).................................................. 1523
Clarification of certain Stockpile Responsiveness Program
objectives (sec. 3114)................................. 1523
Elimination of limitation on availability of funds
relating to submission of annual reports on unfunded
priorities (sec. 3115)................................. 1523
Modification to certain requirements relating to
plutonium pit production capacity (sec. 3116).......... 1524
Annual certification of shipments to Waste Isolation
Pilot Plant (sec. 3117)................................ 1524
Extension and modification of pilot program on
unavailability for overhead costs of amounts specified
for laboratory-directed research and development (sec.
3118).................................................. 1524
Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement (sec.
3119).................................................. 1525
Implementation of common financial reporting system for
nuclear security enterprise (sec. 3120)................ 1525
Limitation relating to reclassification of high-level
waste (sec. 3121)...................................... 1525
National Laboratory Jobs ACCESS Program (sec. 3122)...... 1525
Subtitle C--Reports and Other Matters........................ 1526
Civil penalties for violations of certain whistleblower
protections (sec. 3131)................................ 1526
Repeal of assessments of adequacy of budget requests
relating to nuclear weapons stockpile (sec. 3132)...... 1526
Repeal of requirement for review relating to enhanced
procurement authority (sec. 3133)...................... 1526
Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000 (sec. 3134)........... 1526
Replacement of W78 warhead (sec. 3135)................... 1527
Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and
fissile material (sec. 3136)........................... 1527
Assessment of high energy density physics (sec. 3137).... 1527
Determination of effect of treaty obligations with
respect to producing tritium (sec. 3138)............... 1528
Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act (sec.
3139).................................................. 1528
Legislative Provisions Not Adopted........................... 1528
National Nuclear Security Administration Personnel System 1528
Program for research and development of advanced naval
nuclear fuel system based on low-enriched uranium...... 1528
Availability of amounts for denuclearization of
Democratic People's Republic of North Korea............ 1529
Funding for inertial confinement fusion ignition and high
yield program.......................................... 1529
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD............. 1529
Authorization (sec. 3201)................................ 1529
Improvements to Defense Nuclear Facilities Safety Board
(sec. 3202)............................................ 1529
Membership of Defense Nuclear Facilities Safety Board
(sec. 3203)............................................ 1530
TITLE XXXIV--NAVAL PETROLEUM RESERVES............................ 1530
Authorization of Appropriations (sec. 3401).............. 1530
TITLE XXXV--MARITIME MATTERS..................................... 1531
Subtitle A--Maritime Administration.......................... 1531
Authorization of the Maritime Administration (sec. 3501). 1531
Reauthorization of Maritime Security Program (sec. 3502). 1531
Maritime technical assistance program (sec. 3503)........ 1531
Appointment of candidates attending sponsored preparatory
school (sec. 3504)..................................... 1531
General support program (sec. 3505)...................... 1531
Improvements to the maritime guaranteed loan program
(sec. 3506)............................................ 1532
Requirement for small shipyard grantees (sec. 3507)...... 1532
Salvage recoveries of cargoes (sec. 3508)................ 1532
Salvage recoveries for subrogated ownership of vessels
and cargoes (sec. 3509)................................ 1532
Maritime Occupational Safety and Health Advisory
Committee (sec. 3510).................................. 1532
Military to mariner (sec. 3511).......................... 1533
Department of Transportation Inspector General Report
(sec. 3512)............................................ 1533
Independent study on the United States Merchant Marine
Academy (sec. 3513).................................... 1533
Port operations, research, and technology (sec. 3514).... 1533
Assessment and report on strategic seaports (sec. 3515).. 1533
Technical corrections (sec. 3516)........................ 1534
United States Merchant Marine Academy sexual assault
prevention and response program (sec. 3517)............ 1534
Report on vessels for emerging offshore energy
infrastructure (sec. 3518)............................. 1534
Report on United States flagged fuel tanker vessel
capacity (sec. 3519)................................... 1534
Subtitle B--Cable Security Fleet............................. 1535
Establishment of cable security fleet (sec. 3521)........ 1535
Subtitle C--Maritime Safe Act................................ 1535
Short titles (sec. 3531)................................. 1535
Definitions (sec. 3532).................................. 1535
Purposes (sec. 3533)..................................... 1535
Statement of policy (sec. 3534).......................... 1535
Part I--Programs To Combat IUU Fishing and Increase Maritime
Security................................................... 1535
Coordination with international organizations (sec. 3541) 1535
Engagement of diplomatic missions of the United States
(sec. 3542)............................................ 1536
Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states (sec.
3543).................................................. 1536
Expansion of existing mechanisms to combat IUU fishing
(sec. 3544)............................................ 1536
Improvement of transparency and traceability programs
(sec. 3545)............................................ 1536
Technology programs (sec. 3546).......................... 1536
Savings clause (sec. 3547)............................... 1537
Part II--Establishment of Interagency Working Group on IUU
Fishing.................................................... 1537
Interagency working group on IUU Fishing (sec. 3551)..... 1537
Strategic plan (sec. 3552)............................... 1537
Reports (sec. 3553)...................................... 1537
Gulf of Mexico IUU Fishing Subworking Group (sec. 3554).. 1537
Part III--Combating Human Trafficking in Connection With the
Catching and Processing of Seafood Products................ 1537
Finding (sec. 3561)...................................... 1537
Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking (sec. 3562).... 1538
Human trafficking in the seafood supply chain report
(sec. 3563)............................................ 1538
Part IV--Authorization of Appropriations.................... 1538
Authorization of appropriations (sec. 3571).............. 1538
Accounting of funds (sec. 3572).......................... 1538
Legislative Provisions Not Adopted........................... 1538
Maritime Administration.................................. 1538
Short title.............................................. 1538
Improvement of National Oceanographic Partnership Program 1539
DIVISION D--FUNDING TABLES....................................... 1539
Authorization of amounts in funding tables (sec. 4001)... 1539
Summary of National Defense Authorizations for Fiscal
Year 2020.............................................. 1539
National Defense Budget Authority Implication............ 1545
TITLE XLI--PROCUREMENT........................................... 1547
Procurement (sec. 4101).................................. 1547
Procurement for overseas contingency operations (sec.
4102).................................................. 1589
Procurement for emergency requirements (sec. 4103)....... 1599
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.......... 1601
Research, development, test, and evaluation (sec. 4201).. 1601
Research, development, test, and evaluation for overseas
contingency operations (sec. 4202)..................... 1654
Research, development, test, and evaluation for emergency
requirements (sec. 4203)............................... 1658
TITLE XLIII--OPERATION AND MAINTENANCE........................... 1659
Operation and maintenance (sec. 4301).................... 1659
Operation and maintenance for overseas contingency
operations (sec. 4302)................................. 1685
Operation and maintenance for emergency requirements
(sec. 4303)............................................ 1697
TITLE XLIV--MILITARY PERSONNEL................................... 1698
Military personnel (sec. 4401)........................... 1698
Military personnel for overseas contingency operations
(sec. 4402)............................................ 1699
TITLE XLV--OTHER AUTHORIZATIONS.................................. 1700
Other authorizations (sec. 4501)......................... 1700
Other authorizations for overseas contingency operations
(sec. 4502)............................................ 1704
TITLE XLVI--MILITARY CONSTRUCTION................................ 1705
Military construction (sec. 4601)........................ 1705
Military construction for overseas contingency operations
(sec. 4602)............................................ 1721
Military construction for emergency requirements (sec.
4603).................................................. 1724
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS..... 1727
Department of Energy national security programs (sec.
4701).................................................. 1727
DIVISION E--(INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018,
2019, AND 2020)................................................ 1740
Intelligence authorizations for fiscal years 2018, 2019,
and 2020 (secs. 5001-6747)............................. 1740
DIVISION F--OTHER MATTERS........................................ 1740
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA................ 1740
Sanctions with respect to North Korea and Financial
Industry Guidance to Halt Trafficking Act (secs. 7101-
7155).................................................. 1740
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF
ILLICIT SYNTHETIC OPIOIDS...................................... 1741
Sanctions with respect to foreign traffickers of illicit
synthetic opioids (sec. 7201-7235)..................... 1741
TITLE LXXIII--PFAS............................................... 1741
Definition of Administrator sec. 7302)................... 1741
Drinking Water (secs. 7311-7312)......................... 1741
PFAS Release Disclosure (secs. 7321)..................... 1742
USGS Performance Standard (secs. 7331-7335).............. 1742
Emerging Contaminants (secs. 7341-7342).................. 1742
Toxic Substances Control Act and Other Matters (secs.
7351-7362)............................................. 1742
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019........ 1742
Caesar Syria Civilian Protection Act of 2019 (secs. 7404-
7438).................................................. 1742
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY.................. 1743
Protecting Europe's Energy Security (secs. 7501-7503).... 1743
TITLE LXXVI--OTHER MATTERS....................................... 1743
Subtitle A--Federal Employee Paid Leave Act.................. 1743
Federal Employee Paid Leave Act (secs. 7601-7606)........ 1743
Subtitle B--Other Matters.................................... 1743
Liberian refugee immigration fairness (sec. 7611)........ 1743
Pensacola Dam and Reservoir, Grand River, Oklahoma (sec.
7612).................................................. 1743
Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations (sec. 7613)................................. 1744
Legislative Provisions Not Adopted........................... 1744
PFAS designation, effluent limitations, and pretreatment
standards.............................................. 1744
Designation as hazardous substances...................... 1744
Utilizing significant emissions with innovative
technologies........................................... 1744
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-333
======================================================================
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020
_______
December 9, 2019.--Ordered to be printed
_______
Mr. Smith of Washington, from the committee of conference, submitted
the following
CONFERENCE REPORT
[To accompany S. 1790]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the House to the bill (S.
1790), 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, having met, after full and
free conference, have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its disagreement to the
amendment of the House and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
House amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2020''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(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. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground System-
Army Increment 1.
Subtitle C--Navy Programs
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.
Subtitle D--Air Force Programs
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.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
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.
Subtitle C--Plans, Reports, and Other Matters
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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
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.
Subtitle C--Treatment of Contaminated Water Near 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.
Subtitle D--Logistics and Sustainment
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.
Subtitle E--Reports
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.
Subtitle F--Other Matters
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.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
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.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
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.
Subtitle B--Reserve Component Management
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.
Subtitle C--General Service Authorities and Correction of Military
Records
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.
Subtitle D--Military Justice
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.
Subtitle E--Other Legal Matters
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.
Subtitle F--Member Education
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.
Subtitle G--Member Training and Transition
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.
Subtitle H--Military Family Readiness and Dependents' Education
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.
Subtitle I--Decorations and Awards
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.
Subtitle J--Miscellaneous Reports and Other Matters
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.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
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.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
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.
Subtitle D--Defense Resale Matters
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.
Subtitle E--Morale, Welfare, and Recreation Privileges
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.
Subtitle F--Reports and Other Matters
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.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
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.
Subtitle B--Health Care Administration
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.
Subtitle C--Reports and Other Matters
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.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
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.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
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.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
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.
Subtitle D--Provisions Relating to the Acquisition System
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.
Subtitle E--Industrial Base Matters
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.
Subtitle F--Provisions Relating to Acquisition Workforce
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.
Subtitle G--Small Business Matters
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.
Subtitle H--Other Matters
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.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
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.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
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.
Subtitle D--United States Space Force
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.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
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.
Subtitle B--Counterdrug Activities
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.
Subtitle C--Naval Vessels
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.
Subtitle D--Counterterrorism
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.
Subtitle E--Miscellaneous Authorities and Limitations
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.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
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.
Subtitle B--Fair Chance Act
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.
Subtitle C--ATC Hiring Reform
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.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
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.
Subtitle B--Matters Relating to Afghanistan and Pakistan
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.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
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.
Subtitle D--Matters Relating to the Russian Federation
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.
Subtitle E--Matters Relating to Europe and NATO
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.
Subtitle F--Matters Relating to the Indo-Pacific Region
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.
Subtitle G--Other Matters
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.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
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.
Subtitle B--Other Matters
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.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
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.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
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.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
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.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
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.
Subtitle C--Cyberspace-Related Matters
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.
Subtitle D--Nuclear Forces
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.
Subtitle E--Missile Defense Programs
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.
Subtitle F--Other Matters
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.
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
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.
Subtitle B--Other Matters
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.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
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.
TITLE XXII--NAVY MILITARY CONSTRUCTION
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.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
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.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
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.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
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.
Subtitle B--Real Property and Facilities Administration
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.
Subtitle C--Land Conveyances
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.
Subtitle D--Military Land Withdrawals
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.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
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.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
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.
Subtitle B--Emergency Military Construction
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.
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
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.
Subtitle B--Other Amendatory Provisions
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.
Subtitle C--One-Time Reporting Requirements
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.
Subtitle D--Development of Housing Reform Standards and Processes
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.
Subtitle E--Other Housing Reform Matters
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.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
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.
Subtitle C--Reports and Other Matters
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.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
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.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
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.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
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.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND
2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
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.
Subtitle B--Office of the Director of National Intelligence
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.
Subtitle C--Inspector General of the Intelligence Community
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.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
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.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
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.
Subtitle B--Matters Relating to China
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.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
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.
Subtitle B--Other Matters
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.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
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.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
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.
Subtitle B--Central Intelligence Agency
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.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
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.
Subtitle D--Other Elements
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.
TITLE LXV--ELECTION MATTERS
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.
TITLE LXVI--SECURITY CLEARANCES
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.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
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.
Subtitle B--Reports
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.
Subtitle C--Other Matters
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.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
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.
Part II--Congressional Review and Oversight
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.
Part III--General Matters
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.
Subtitle B--Financial Industry Guidance to Halt Trafficking
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.
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
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.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
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.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
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.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National Emergency
With Respect to Syria
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.
Subtitle B--Assistance for the People of Syria
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.
Subtitle C--General Provisions
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.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
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.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
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.
Subtitle B--Other Matters
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.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground System-
Army Increment 1.
Subtitle C--Navy Programs
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.
Subtitle D--Air Force Programs
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.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
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.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified
in the funding table in section 4101.
Subtitle B--Army Programs
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''.
Subtitle C--Navy Programs
SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASELINES.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8692. Ford-class aircraft carriers: cost limitation baselines
``(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:
``8692. Ford-class aircraft carriers: cost limitation baselines.''.
(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.
SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR CERTAIN
AIRCRAFT CARRIERS.
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'';
(2) in paragraph (1)--
(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
(3) in paragraph (2)--
(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''.
SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C. STENNIS
AND U.S.S. HARRY S. TRUMAN.
(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.
SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C AIRCRAFT.
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.
SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIRCRAFT CARRIER
FORCE STRUCTURE.
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.''.
SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(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.
SEC. 128. STRATEGIC SEALIFT FLEET VESSEL.
(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.
(e) Executive Agent.--
(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).
SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK
DESIGNATED LPD-31.
(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.
SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT
SHIP.
(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.
SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SURFACE
COMBATANTS.
(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.
SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH-92A HELICOPTER.
(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.
SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELEMENT
COMPOSITION.
(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).
Subtitle D--Air Force Programs
SEC. 141. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C-5 AIRCRAFT.
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''.
SEC. 142. OC-135B AIRCRAFT RECAPITALIZATION PROGRAM.
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.
SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE STRUCTURE WITH
NATIONAL DEFENSE STRATEGY.
(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.
SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F-15EX 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 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).
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B 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 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).
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR 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, 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.
SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC-135
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.
SEC. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(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.
(b) Report.--
(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.
SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER FIELDING.
(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.
(b) Report on Fielding Plan.--
(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.
(c) Report on Training Plan.--
(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.
SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR PROCUREMENT
OF JASSM-ER MISSILES.
(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.
SEC. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.
(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.
SEC. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT INITIATIVE OF
THE AIR FORCE.
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.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
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).
SEC. 165. F-35 SUSTAINMENT COST.
(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.
(b) Cost Reduction Plan.--
(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).
SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE F-35 AIRCRAFT
PROGRAM.
(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.
SEC. 167. OTHER REPORTS ON THE F-35 AIRCRAFT PROGRAM.
(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.
SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK
REQUIREMENT.
(a) Report Required.--
(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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
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.
Subtitle C--Plans, Reports, and Other Matters
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.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
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:
``Sec. 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:
``2192b. Program on enhancement of preparation of dependents of members
of armed forces for careers in science, technology,
engineering, and mathematics.''.
(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--
(1) in subsection (a)(5)--
(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''.
SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE
INNOVATION UNIT.
(a) In General.--
(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:
``Sec. 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.
``(2) On an ongoing basis--
``(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;
``(B) increasing awareness of--
``(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:
``2358b. Joint reserve detachment of the Defense Innovation Unit.''.
(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.''.
SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED TECHNOLOGY
ACHIEVEMENTS.
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,''.
SEC. 216. JOINT HYPERSONICS TRANSITION OFFICE.
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):
``(c) University Expertise.--
``(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:
``(4) Submittal to congress.--
``(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''.
SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION PROGRAM.
(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'';
(2) in subsection (a)--
(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--
(1) in subsection (b)--
(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'';
(2) in subsection (c)--
(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'';
(B) in subparagraph (B),
(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.''.
SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP.
(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).
(B) Report required.--
(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.
SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY
PROGRAM.
(a) Program Required.--
(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.
(b) Installations.--
(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.
SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE OPERATIONS.
(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.
SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING WORKFORCE OF
THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(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.
(b) Plan Required.--
(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.
SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPERTISE AND
SOFTWARE PROFESSIONALS.
(a) Policy.--
(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).
(c) Responsibility.--
(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.
SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING AND
EVALUATION.
(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.
(d) Steering Committee.--
(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.
(e) Reports Required.--
(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).
(f) Independent Assessment.--
(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.
SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING TECHNOLOGY
DEVELOPMENT.
(a) Alignment of Policy and Technological Development.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall establish a process to
ensure that the policies of the Department of Defense relating
to emerging technology are formulated and updated continuously
as such technology is developed by the Department.
(b) Elements.--As part of the process established under
subsection (a), the Secretary shall--
(1) specify the role of each covered official in
ensuring that the formulation of policies relating to
emerging technology is carried out concurrently with
the development of such technology; 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.
SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE OF THE
DEPARTMENT OF DEFENSE.
(a) Organization.--
(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.
(b) Cross-functional Teams.--
(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.
SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.
(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.
SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(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.
(b) Eligible Individuals.--
(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
(B) either--
(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.
SEC. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE MANAGEMENT
SYSTEM.
(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.
SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIRCRAFT.
(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.
(b) GAO Study and Report.--
(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).
(3) Study results.--
(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).
SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECHNOLOGIES.
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.
SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY
INCREMENT 2 CAPABILITY.
(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.
Subtitle C--Plans, Reports, and Other Matters
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.
SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION MISSIONS.
(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.
SEC. 253. ENERGETICS PLAN.
(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.
(d) Periodic Briefings.--
(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.
SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY STRATEGY.
(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).
SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) Strategy Required.--
(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).
SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND REPORTS.
(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.
SEC. 258. REPORT ON B-52 COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(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.
SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTELLIGENCE CENTER.
(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).
SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING VEHICLE
PROGRAM.
(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.
(d) Reports.--
(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.
(e) Implementation Required.--
(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).
(2) Exceptions.--
(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.
SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECHNOLOGIES FOR THE
DEPARTMENT OF DEFENSE.
(a) Study Required.--
(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.
SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND
PROGRAMS.
(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.
SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH PROGRAM.
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''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
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.
Subtitle C--Treatment of Contaminated Water Near 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.
Subtitle D--Logistics and Sustainment
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.
Subtitle E--Reports
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.
Subtitle F--Other Matters
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.
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, for operation and maintenance, as
specified in the funding table in section 4301.
Subtitle B--Energy and Environment
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''.
SEC. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS.
Section 2577(c) of title 10, United States Code, is amended
by striking ``$2,000,000'' and inserting ``$10,000,000''.
SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS.
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.).
SEC. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPARTMENT OF
DEFENSE.
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.''.
SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION
PRODUCTION FACILITIES.
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.''.
SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.
(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.
(3) Funding plan.--
(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:
``Sec. 2926. Operational energy''.
(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:
``2926. Operational 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.
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.
(e) Waiver.--
(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.
SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING FOAM
FOR TRAINING EXERCISES.
The Secretary of Defense shall prohibit the use of
fluorinated aqueous film forming foam for training exercises at
military installations.
SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS WHERE
TACTICAL FIGHTER AIRCRAFT OPERATE.
(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.
SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND RISK
ASSESSMENT TOOL.
(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.
SEC. 328. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME
WEATHER.
(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.
(a) Cooperative Agreements.--
(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).
SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS.
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.
SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.
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.
(e) Annual 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.
SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT MILITARY
INSTALLATIONS.
(a) Report.--
(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.
Subtitle C--Treatment of Contaminated Water Near Military Installations
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Prompt and Fast Action
to Stop Damages Act of 2019''.
SEC. 342. DEFINITIONS.
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.
(a) Authority.--
(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.
SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE.
(a) Authority.--
(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.
SEC. 345. REMEDIATION PLAN.
(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).
Subtitle D--Logistics and Sustainment
SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES.
(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:
``Sec. 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:
``118. Annual report on major weapons systems sustainment.''.
(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'';
(2) in paragraph (2)--
(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''.
SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF NAVAL VESSELS.
Section 323 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Extension of Limitation on Length of Overseas Forward
Deployment for U.S.S. Shiloh (CG-67).--Notwithstanding
subsection (b), the Secretary of the Navy shall ensure that the
U.S.S. Shiloh (CG-67) is assigned a homeport in the United
States by not later than September 30, 2023.''.
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''.
SEC. 355. F-35 JOINT STRIKE FIGHTER SUSTAINMENT.
(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.
SEC. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATERIEL AND
EQUIPMENT.
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.
SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRITICAL
SHIPBUILDING SKILLS.
(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.
SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE DEPOT
MAINTENANCE.
(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.
SEC. 359. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF THE
DEPARTMENT OF DEFENSE.
(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.
Subtitle E--Reports
SEC. 361. READINESS REPORTING.
(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'';
(2) in subsection (a)--
(A) In the subsection heading, by striking
``Quarterly Reports Required'' and inserting
``Reports and Briefings'';
(B) In the first sentence--
(i) by striking ``Not later'' and
inserting ``(1) Not later''; and
(ii) by striking ``each calendar-
year quarter'' and inserting ``the
second and fourth quarter of each
calendar year'';
(C) by striking the second and third
sentences and inserting ``The Secretary of
Defense shall submit each such report in
writing and shall also submit a copy of each
such report to the Chairman of the Joint Chiefs
of Staff.''; and
(D) by adding at the end the following new
paragraphs:
``(2) Not later than 30 days after the end of the first and
third quarter of each calendar year, the Secretary of Defense
shall provide to Congress a briefing regarding the military
readiness of the active and reserve components.
``(3) Each report under this subsection shall contain the
elements required by subsection (b) for the quarter covered by
the report, and each briefing shall address any changes to the
elements described in subsection (b) since the submittal of the
most recently submitted report.'';
(3) by striking subsection (b) and inserting the
following:
``(b) Required Elements.--The elements described in this
subsection are each of the following:
``(1) A description of each readiness problem or
deficiency that affects the ground, sea, air, space,
cyber, or special operations forces, and any other area
determined appropriate by the Secretary of Defense.
``(2) The key contributing factors, indicators, and
other relevant information related to each identified
problem or deficiency.
``(3) The short-term mitigation strategy the
Department will employ to address each readiness
problem or deficiency until a resolution is in place,
as well as the timeline, cost, and any legislative
remedies required to support the resolution.
``(4) A summary of combat readiness ratings for the
key force elements assessed, including specific
information on personnel, supply, equipment, and
training problems or deficiencies that affect the
combat readiness ratings for each force element.
``(5) A summary of each upgrade or downgrade of the
combat readiness of a unit that was issued by the
commander of the unit, together with the rationale of
the commander for the issuance of such upgrade or
downgrade.
``(6) A summary of the readiness of supporting
capabilities, including infrastructure, prepositioned
equipment and supplies, and mobility assets, and other
supporting logistics capabilities.
``(7) A summary of the readiness of the combat
support and related agencies, any readiness problem or
deficiency affecting any mission essential tasks of any
such agency, and actions recommended to address any
such problem or deficiency.
``(8) A list of all Class A, Class B, and Class C
mishaps that occurred in operations related to combat
support and training events involving aviation, ground,
or naval platforms, weapons, space, or Government
vehicles, as defined by Department of Defense
Instruction 6055.07, or a successor instruction.
``(9) Information on the extent to which units of
the armed forces have removed serviceable parts,
supplies, or equipment from one vehicle, vessel, or
aircraft in order to render a different vehicle,
vessel, or aircraft operational.
``(10) Such other information as determined
necessary or appropriate by the Secretary of
Defense.'';
(4) by striking subsections (d) through (h) and
subsection (j);
(5) by redesignating subsection (i) as subsection
(e); and
(6) by inserting after subsection (c) the following
new subsections (d):
``(d) Semi-Annual Joint Force Readiness Review.--(1) Not
later than 30 days after the last day of the first and third
quarter of each calendar year, the Chairman of the Joint Chiefs
of Staff shall submit to Congress a written report on the
capability of the armed forces, the combat support and related
agencies, operational contract support, and the geographic and
functional combatant commands to execute their wartime missions
based upon their posture and readiness as of the time the
review is conducted.
``(2) The Chairman shall produce the report required under
this subsection using information derived from the quarterly
reports required by subsection (a).
``(3) Each report required by this subsection shall include
an assessment by each commander of a geographic or functional
combatant command of the readiness of the command to conduct
operations in a multidomain battle that integrates ground, sea,
air, space, cyber, and special operations forces.
``(4) The Chairman shall submit to the Secretary of Defense
a copy of each report under this subsection.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 482 and inserting the following
new item:
``482. Readiness reports.''.
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''.
SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.
(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.
SEC. 364. REPORT ON RUNIT DOME.
(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.
(b) Waiver.--
(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.
Subtitle F--Other Matters
SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES AND
MILITARY OPERATIONS AREAS.
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.'';
(2) in subsection (d)--
(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
(5) in subsection (h)--
(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.''.
SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND
ADOPTION OF MILITARY ANIMALS.
(a) Transfer and Adoption Generally.--Section 2583 of title
10, United States Code, is amended--
(1) in subsection (a)--
(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'';
(2) in subsection (b)--
(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'';
(3) in subsection (c)(1)--
(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
(4) in subsection (e)--
(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''.
SEC. 375. DEFENSE PERSONAL PROPERTY PROGRAM.
(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.
SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE FACILITY.
(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.
SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS TRAINING
PROGRAM.
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.
SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DISPOSAL.
(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).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
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.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
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.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
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.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(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.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
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.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(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.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON ACTIVE
DUTY.
(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:
1,000......................... 99 63 20
1,200......................... 103 67 21
1,300......................... 107 70 22
1,400......................... 111 73 23
1,500......................... 114 76 24
1,600......................... 117 79 25
1,700......................... 120 82 26
1,800......................... 123 85 27
1,900......................... 126 88 28
2,000......................... 129 91 29
2,100......................... 132 94 30
2,200......................... 134 97 31
2,300......................... 136 100 32
2,400......................... 143 105 34
2,500......................... 149 109 35
2,600......................... 155 113 36
2,700......................... 161 118 37
2,800......................... 167 122 39
2,900......................... 173 126 41
3,000......................... 179 130 42''.
(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:
1,100....................................... 50 11
1,200....................................... 55 12
1,300....................................... 60 13
1,400....................................... 65 14
1,500....................................... 70 15
1,600....................................... 75 16
1,700....................................... 80 17
1,800....................................... 85 18
1,900....................................... 89 19
2,000....................................... 93 20
2,100....................................... 96 21
2,200....................................... 99 22
2,300....................................... 101 23
2,400....................................... 106 24
2,500....................................... 112 25
2,600....................................... 116 26
2,700....................................... 121 27
2,800....................................... 125 28
2,900....................................... 130 29
3,000....................................... 134 30''.
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:
``Air Force Reserve
1,000......................... 166 170 100
1,500......................... 245 251 143
2,000......................... 322 330 182
2,500......................... 396 406 216
3,000......................... 467 479 246
3,500......................... 536 550 271
4,000......................... 602 618 292
4,500......................... 665 683 308
5,000......................... 726 746 320
5,500......................... 784 806 325
6,000......................... 840 864 327
7,000......................... 962 990 347
8,000......................... 1,087 1,110 356
10,000........................ 1,322 1,362 395''.
(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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2020 for the use
of the Armed Forces and other activities and agencies of the
Department of Defense for expenses, not otherwise provided for,
for military personnel, as specified in the funding table in
section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
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.
Subtitle B--Reserve Component Management
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.
Subtitle C--General Service Authorities and Correction of Military
Records
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.
Subtitle D--Military Justice
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.
Subtitle E--Other Legal Matters
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.
Subtitle F--Member Education
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.
Subtitle G--Member Training and Transition
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.
Subtitle H--Military Family Readiness and Dependents' Education
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.
Subtitle I--Decorations and Awards
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.
Subtitle J--Miscellaneous Reports and Other Matters
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.
Subtitle A--Officer Personnel Policy
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.
SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO PROMOTION
SELECTION BOARDS.
(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''.
SEC. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is
amended in the third sentence by inserting ``or a designee of
the Chairman who is an officer of the armed forces in grade 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.
(a) Availability Required.--
(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.
SEC. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR CHAPLAINS.
A military chaplain shall receive a functional badge or
insignia upon commission.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
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.
SEC. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
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.''.
SEC. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER, MARINE
FORCES RESERVE.
(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.''.
SEC. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE
NATIONAL GUARD.
(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''.
SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 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:
``320. 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.
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.
SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(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.
Subtitle C--General Service Authorities and Correction of Military
Records
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.''.
SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE REVIEW
BOARDS.
Section 1553(a) of title 10, United States Code, is amended
by striking ``five'' and inserting ``not fewer than three''.
SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE
OF DISCHARGE OR DISMISSAL.
(a) Establishment.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1553 the following
new section 1553a:
``Sec. 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:
``1553a. Review of a request for upgrade of discharge or dismissal.''.
(2) Conforming amendments.--
(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.
(e) Reporting.--
(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).
(b) Report.--
(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.
(b) Discharge Review Boards.--
(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.
SEC. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE SERVICE.
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.
SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZATIONS.
(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.
SEC. 529. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION.
(a) Plan Required.--The Secretary of Defense shall design
and implement a five-year strategic plan for diversity and
inclusion in the Department of Defense.
(b) Elements.--The strategic plan under this section--
(1) shall 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.
SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO ENLIST IN
THE ARMED FORCES.
(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.
SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
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.
Subtitle D--Military Justice
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:
``Sec. 830a. Art 30a. Proceedings conducted before referral''.
(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:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 532. COMMAND INFLUENCE.
(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.'';
(3) in subsection (b)--
(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:
``837. Art. 37. Command influence.''.
(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.
SEC. 533. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES.
(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
(2) in subsection (b)(2)(B)--
(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.
SEC. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WITNESS
ASSISTANCE PROGRAM LIAISONS.
(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.
SEC. 540C. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED OFFENSES.
(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.
(b) Policy Elements.--
(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.
(a) Report Required.--
(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).
SEC. 540H. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY
ACROSS THE ARMED FORCES.
(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.
SEC. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARITIES IN THE
MILITARY JUSTICE SYSTEM.
(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.
(c) DAC-IPAD Activities.--
(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.
SEC. 540J. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY
JUSTICE SYSTEM.
(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.
(b) Elements.--
(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.
(c) Report.--
(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.
(a) Report Required.--
(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.
SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50.
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.
Subtitle E--Other Legal Matters
SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS' COUNSEL AUTHORITIES.
(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.''.
SEC. 542. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY
INSTALLATIONS.
(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.
SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO
CIVILIAN LAW ENFORCEMENT.
(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.
SEC. 544. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF CERTAIN
ACCREDITED INSTITUTIONS.
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.''.
SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(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.
SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC VIOLENCE
OFFENSES.
(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.
(f) Report Required.--
(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.
SEC. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM
FOR CERTAIN PURPOSES.
(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.
SEC. 550B. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
(a) Establishment Required.--
(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.
(b) Membership.--
(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.
(c) Duties.--
(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.
(f) Termination.--
(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.
(a) Training.--
(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.
SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE OF MILITARY
PROTECTIVE ORDERS.
(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).
SEC. 550F. GAO REVIEW OF USERRA AND SCRA.
(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.
Subtitle F--Member Education
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--
(1) in subsection (a)--
(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'';
(2) in subsection (b)--
(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):
``(1) either--
``(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'';
(3) in subsection (c)--
(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:
``Sec. 2004. Detail as students at law schools; commissioned officers;
certain enlisted members''.
(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:
``2004. Detail as students at law schools; commissioned officers;
certain enlisted members.''.
SEC. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE STARBASE
PROGRAM.
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:
``Sec. 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:
``7422. Degree granting authority for United States Army Armament
Graduate School.''.
(b) Limitation.--
(1) In general.--Chapter 101 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 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:
``2017. Limitation on establishment of postsecondary educational
institutions pending notice to Congress.''.
(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.''.
SEC. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(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.
SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION ASSISTANCE FOR
MEMBERS OF THE ARMED FORCES.
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)).
SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE PILOT'S
CERTIFICATES.
(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.
Subtitle G--Member Training and Transition
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.''.
SEC. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED
TRANSITION ASSISTANCE PROGRAM.
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.''.
SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED
TRANSITION ASSISTANCE PROGRAM.
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).''.
SEC. 565. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE CORPS
RECRUIT DEPOTS.
(a) Parris Island.--
(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.
(b) San Diego.--
(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.
SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS REGARDING
DISINFORMATION CAMPAIGNS.
(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).
SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION ASSISTANCE
PROGRAMS.
The training provided a commander of a military
installation in connection with the commencement of assignment
to the installation shall include a module on the covered
transition assistance programs available for members of the
Armed Forces assigned to the installation.
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).
SEC. 570. RECORDS OF SERVICE FOR RESERVES.
(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.
(a) Pilot Program Required.--
(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.
SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE
TRANSITION ASSISTANCE PROGRAM.
(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.
(d) Assessments.--
(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.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR ADOPTION IN
MORE THAN ONE INCREMENT.
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.
SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH.
Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(l) A member of the armed forces who gives birth 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.''.
SEC. 574. MILITARY FUNERAL HONORS MATTERS.
(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'';
(3) in paragraph (3)--
(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.''.
SEC. 579. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended
by striking ``on active duty (as defined in section 101(d)(5)
of such title)''.
SEC. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED FORCES.
(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.
SEC. 580A. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL EXPENSES FOR
NEXT OF KIN.
(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.
SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(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.
SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(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)).
SEC. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM
FOR MILITARY SPOUSES.
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.
SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT
PROGRAM FOR MILITARY SPOUSES.
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.
SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILITARY
SPOUSES.
(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.
SEC. 580I. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY
GARRISON-KWAJALEIN ATOLL.
(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 GarrisonUKwajalein 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.
Subtitle I--Decorations and Awards
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
(3) in subsection (d)--
(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.''.
SEC. 582. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT FOR AWARD OF
MILITARY DECORATIONS.
(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:
``Sec. 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:
``1136. Honorable service requirement for award of military
decorations.''.
(b) Conforming Amendments.--Title 10, United States Code,
is further amended as follows:
(1) In section 7274--
(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.
(3) In section 9274--
(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.
SEC. 584. REVIEW OF WORLD WAR I VALOR MEDALS.
(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.
(g) Definitions.--
(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.
Subtitle J--Miscellaneous Reports and Other Matters
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''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports programs:
members of the armed forces; certain veterans''.
(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:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
SEC. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY IN THE
WORKPLACE.
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).
SEC. 596. REPORT ON CERTAIN WAIVERS.
(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.
(2) Retention.--
(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.
SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES.
(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.
(10) Whether--
(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.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
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.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
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.
Subtitle D--Defense Resale Matters
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.
Subtitle E--Morale, Welfare, and Recreation Privileges
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.
Subtitle F--Reports and Other Matters
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.
Subtitle A--Pay and Allowances
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.''.
SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION PAY.
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.''.
SEC. 606. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF DEFENSE.
(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:
``Sec. 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:
``456. Managed travel program refunds.''.
(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''.
SEC. 609. INCREASE IN BASIC PAY.
Effective on January 1, 2020, the rates of monthly basic
pay for members of the uniformed services are increased by 3.1
percent.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL PAY
AUTHORITIES.
(a) Authorities Relating To Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended
by striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2019'' and
inserting ``December 31, 2020'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of
education loans for certain health professionals who
serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020'':
(1) Section 331(h), relating to general bonus
authority for enlisted members.
(2) Section 332(g), relating to general bonus
authority for officers.
(3) Section 334(i), relating to special aviation
incentive pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and
incentive pay authorities for officers in health
professions.
(5) Section 336(g), relating to contracting bonus
for cadets and midshipmen enrolled in the Senior
Reserve Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or
special duty pay.
(8) Section 353(i), relating to skill incentive pay
or proficiency bonus.
(9) Section 355(h), relating to retention
incentives for members qualified in critical military
skills or assigned to high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title 37,
United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2020''.
Subtitle C--Family and Survivor Benefits
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.
SEC. 623. DEATH GRATUITY FOR ROTC GRADUATES.
(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''.
SEC. 625. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC GRADUATES.
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:
``(c) ROTC Graduates.--
``(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.''.
Subtitle D--Defense Resale Matters
SEC. 631. DEFENSE RESALE SYSTEM MATTERS.
(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.''.
SEC. 632. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY SOURCED
PRODUCTS.
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.
SEC. 633. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY.
(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.
Subtitle E--Morale, Welfare, and Recreation Privileges
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.
SEC. 642. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING PROGRAM.
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''.
Subtitle F--Reports and Other Matters
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.
(a) Report Required.--
(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.
SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES
AND THEIR DEPENDENTS.
(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.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
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.
Subtitle B--Health Care Administration
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.
Subtitle C--Reports and Other Matters
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.
Subtitle A--TRICARE and Other Health Care Benefits
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''.
SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR DEPENDENTS.
(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.
(2) Heading amendments.--
(A) Automatic enrollments.--The heading for
section 1097a of such title is amended to read
as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollments''.
(B) Enrollment system and payment
options.--The heading for section 1099 of such
title is amended to read as follows:
``Sec. 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:
``1097a. TRICARE Prime: automatic enrollments.''; and
(B) by striking the item relating to
section 1099 and inserting the following new
item:
``1099. Health care enrollment system and payment options.''.
(c) Effective Date.--The amendments made by this section
shall apply to health care coverage beginning on or after
January 1, 2021.
SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN.
(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.''.
(d) Sharing of Information.--
(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.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH SYSTEM.
(a) Administration of Military Medical Treatment
Facilities.--Subsection (a) of section 1073c of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(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;'';
(2) in paragraph (2)--
(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
(3) in paragraph (3)--
(A) in subparagraph (A)--
(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.
SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL REQUIREMENTS OF
COMBATANT COMMANDS.
(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
(B) in paragraph (1)--
(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--
(A) in paragraph (2)--
(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:
``(5) Manpower.--
``(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.''.
(b) Conforming Amendments.--
(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:
``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.''.
(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:
``Sec. 712. Support by military healthcare system of medical
requirements of combatant commands.''.
SEC. 713. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(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).
SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
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:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall
be the head of the Office.
``(2) Deputy director.--The Deputy Director of the
Office shall be the deputy head of the Office and shall
assist the Director in carrying out the duties of the
Director.
``(3) Reporting.--The Director shall report
directly to the Deputy Secretary of Defense and the
Deputy Secretary of Veterans Affairs.
``(4) Appointments.--
``(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.
``(3) Consultation.--
``(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:
``(h) Reports.--
``(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''.
SEC. 717. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL RECORDS OF
MEMBERS OF THE ARMED FORCES.
(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.
SEC. 718. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH CARE TO
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,
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).
SEC. 719. LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY
MEDICAL MANNING END STRENGTH.
(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.
(d) Exception.--
(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.
SEC. 720. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH PROVIDERS.
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.
(a) Partnerships.--
(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).
SEC. 722. MODIFICATION TO REFERRALS FOR MENTAL HEALTH SERVICES.
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.
Subtitle C--Reports and Other Matters
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:
``Sec. 2733a. Medical malpractice claims by members of the uniformed
services
``(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:
``2733a. Medical malpractice claims by members of the uniformed
services.''.
(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).
(c) Conforming Amendments.--
(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--
(1) in section 1701--
(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'';
(4) in section 1704--
(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'';
(5) in section 1705--
(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
(C) in subsection (c)--
(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).
(c) Effective Date.--
(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.
SEC. 734. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL CAPITAL
REGION.
(a) In General.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2113a the following
new section:
``Sec. 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:
``2113b. Academic Health System.''.
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:
``Sec. 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:
``1060c. Provision of veterinary services in emergencies.''.
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.
SEC. 738. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH TRANSITION
TRAINING PILOT 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.
(2) Data relating to--
(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.
SEC. 739. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM.
(a) Pilot Program Authorized.--The Chief of the National
Guard Bureau may carry out a pilot program to expand suicide
prevention and intervention efforts at the community level
through the use of a mobile application that provides the
capability for a member of the National Guard to receive prompt
support, including access to a behavioral health professional,
on a smartphone, tablet computer, or other handheld mobile
device.
(b) Elements.--The pilot program shall include, subject to
such conditions as the Secretary may prescribe--
(1) the use by members of the National Guard of an
existing mobile application that provides the
capability described in subsection (a); or
(2) the development and use of a new mobile
application that provides such capability.
(c) Eligibility and Participation Requirements.--The Chief
of the National Guard Bureau shall establish requirements with
respect to eligibility and participation in the pilot program.
(d) Assessment Prior to Pilot Program Commencement.--Prior
to commencement of the pilot program, the Chief of the National
Guard Bureau shall--
(1) conduct an assessment of existing prevention
and intervention efforts of the National Guard in each
State that include the use of mobile applications that
provide the capability described in subsection (a) to
determine best practices for providing immediate and
localized care through the use of such mobile
applications; and
(2) determine the feasibility of expanding existing
programs on a national scale.
(e) Responsibilities of Entities Participating in Pilot
Program.--Each entity that participates in the pilot program
shall--
(1) share best practices with other entities
participating in the program; and
(2) annually assess outcomes with respect to
members of the National Guard.
(f) Term.--The pilot program shall terminate on the date
that is three years after the date on which the pilot program
commenced.
(g) Reports.--
(1) Initial report.--If the Chief of the National
Guard Bureau commences the pilot program authorized
under subsection (a), not later than 180 days after the
date of the commencement of such program, the Chief
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
containing a description of the pilot program and such
other matters as the Chief considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days
after the termination of the pilot program, the
Chief of the National Guard Bureau shall submit
to the Committees on Armed Services of the
Senate and the House of Representatives a
report on such pilot program.
(B) Matters included.--The report under
subparagraph (A) shall include the following:
(i) A description of the pilot
program, including any partnerships
entered into by the Chief of the
National Guard Bureau under the
program.
(ii) An assessment of the
effectiveness of the pilot program.
(iii) A description of costs
associated with the implementation of
the pilot program.
(iv) The estimated costs of making
the pilot program permanent.
(v) A recommendation as to whether
the pilot program should be extended or
made permanent.
(vi) Such other recommendations for
legislative or administrative action as
the Chief of the National Guard Bureau
considers appropriate.
(h) 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).
(f) Reports.--
(1) Initial report.--
(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.
(2) Final report.--
(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--
(1) in subsection (b)--
(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
(2) in subsection (c)--
(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.
SEC. 743. STUDY AND PLAN ON THE USE OF MILITARY-CIVILIAN INTEGRATED
HEALTH DELIVERY SYSTEMS.
(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.
SEC. 744. STUDY ON CASE MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
(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).
SEC. 745. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE NATIONAL
BIODEFENSE SECURITY.
(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.
SEC. 746. STUDY ON ESTABLISHMENT OF WOUNDED WARRIOR SERVICE DOG
PROGRAM.
(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;
(C) establish a database--
(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:
(1) Assistance dog.--
(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
(B) a comparison of--
(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.
SEC. 748. REPORTS ON MILLENNIUM COHORT STUDY RELATING TO WOMEN MEMBERS
OF THE ARMED FORCES.
(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
(2) identification of--
(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.
SEC. 749. STUDY ON EFFECTS OF SLEEP DEPRIVATION ON READINESS OF MEMBERS
OF THE ARMED FORCES.
(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).
SEC. 750. STUDY AND REPORT ON TRAUMATIC BRAIN INJURY MITIGATION
EFFORTS.
(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).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
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.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
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.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
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.
Subtitle D--Provisions Relating to the Acquisition System
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.
Subtitle E--Industrial Base Matters
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.
Subtitle F--Provisions Relating to Acquisition Workforce
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.
Subtitle G--Small Business Matters
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.
Subtitle H--Other Matters
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.
Subtitle A--Acquisition Policy and Management
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.
(c) Expedited Process.--
(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.
(e) Guidance Required.--
(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).
(f) Report.--
(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.
SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION FOR
ACQUISITION PROGRAMS.
(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.
SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR COMPLEX
REQUIREMENTS.
(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).
SEC. 803. FAILURE TO PROVIDE OTHER THAN CERTIFIED COST OR PRICING DATA
UPON REQUEST.
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.''.
SEC. 804. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS.
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.
SEC. 805. LIMITATION ON TRANSFER OF FUNDS RELATED TO COST OVERRUNS AND
COST UNDERRUNS.
(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.
SEC. 807. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE 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).
SEC. 808. REPEAL OF CONTINUATION OF DATA RIGHTS DURING CHALLENGES.
(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.
SEC. 810. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS BOARD.
(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.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 815. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND EVALUATION
REPORT.
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.''.
SEC. 817. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS VALIDATION
FOR SERVICES CONTRACTS.
(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''.
SEC. 818. DOCUMENTATION OF MARKET RESEARCH RELATED TO COMMERCIAL ITEM
DETERMINATIONS.
(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--
(1) in subsection (b)--
(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:
``(c) Report Required.--
``(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.''.
SEC. 820. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 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:
``2339b. Notification of Navy procurement production disruptions.''.
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''.
SEC. 822. EXTENSION OF NEVER CONTRACT WITH THE ENEMY.
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.
SEC. 824. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense
Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is
amended by striking ``2020'' and inserting ``2022''.
SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
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''.
SEC. 826. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE THRESHOLD TO
CERTAIN TASK OR DELIVERY ORDERS.
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''.
SEC. 827. REQUIREMENT FOR COST ESTIMATES ON MODELS OF COMMERCIAL E-
COMMERCE PORTAL PROGRAM.
(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.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 830. MODIFICATION OF REQUIREMENTS FOR REPORTING TO CONGRESS ON
CERTAIN ACQUISITION PROGRAMS.
(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.
SEC. 831. PILOT PROGRAM TO STREAMLINE DECISION-MAKING PROCESSES FOR
WEAPON SYSTEMS.
(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.
SEC. 832. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT
DECISIONS.
(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.--
(1) Assessment.--
(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.
SEC. 833. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B
APPROVAL.
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.''.
Subtitle D--Provisions Relating to the Acquisition System
SEC. 835. EXTRAMURAL ACQUISITION INNOVATION AND RESEARCH ACTIVITIES.
(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:
``Sec. 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.
``(c) Director.--
``(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.
``(4) Executive education to--
``(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:
``2361a. Extramural acquisition innovation and research activities.''.
(3) Implementation.--
(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).
(B) Report.--
(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).
SEC. 836. REPORT ON REALIGNMENT OF THE DEFENSE ACQUISITION SYSTEM TO
IMPLEMENT ACQUISITION REFORMS.
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.
(b) Limitation.--
(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.
SEC. 838. REPORT ON INTELLECTUAL PROPERTY POLICY AND THE CADRE OF
INTELLECTUAL PROPERTY EXPERTS.
(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.''.
(b) Limitation.--
(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.
SEC. 839. GUIDANCE AND REPORTS RELATING TO COVERED DEFENSE BUSINESS
SYSTEMS.
(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.''.
(b) Reports.--
(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).
SEC. 840. IMPLEMENTATION GUIDANCE FOR USE OF A MODULAR OPEN SYSTEM
APPROACH.
(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.
Subtitle E--Industrial Base Matters
SEC. 845. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE INTEGRITY OF
INDUSTRIAL BASE.
(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:
``Sec. 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:
``2509. Modernization of acquisition processes to ensure integrity of
industrial base.''.
SEC. 846. REPORT REQUIREMENTS FOR THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(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:
``Sec. 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.
``(b) Elements.--
``(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:
``2504a. Unfunded priorities of the national technology and industrial
base: annual report.''.
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.
SEC. 848. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Secretary of Defense may not operate or enter into or renew a
contract for the procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign
country or by an entity domiciled in a covered
foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals
manufactured in a covered foreign country or by
an entity domiciled in a covered foreign
country;
(C) uses a ground control system or
operating software developed in a covered
foreign country or by an entity domiciled in a
covered foreign country; or
(D) uses network connectivity or data
storage located in or administered by an entity
domiciled in a covered foreign country; or
(2) a system manufactured in a covered foreign
country or by an entity domiciled in a covered foreign
country for the detection or identification of covered
unmanned aircraft systems.
(b) 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.''.
SEC. 850. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS.
(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).
(2) Acquisition authority.--
(A) Authority.--Using funds available in
the National Defense Stockpile Transaction
Fund, the National Defense Stockpile Manager
may acquire the following materials determined
to be strategic and critical materials required
to meet the defense, industrial, and essential
civilian needs of the United States:
(i) Aerospace-grade rayon.
(ii) Electrolytic manganese metal.
(iii) Pitch-based carbon fiber.
(iv) Rare earth cerium compounds.
(v) Rare earth lanthanum compounds.
(B) Amount of authority.--The National
Defense Stockpile Manager may use up to
$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.
(b) Report.--
(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.
SEC. 857. SENSE OF CONGRESS REGARDING CONSIDERATION OF PRICE IN
PROCUREMENT OF THE FFG(X) FRIGATE.
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.
Subtitle F--Provisions Relating to Acquisition Workforce
SEC. 860. ESTABLISHMENT OF DEFENSE CIVILIAN TRAINING CORPS.
(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:
``CHAPTER 113--DEFENSE CIVILIAN TRAINING CORPS
``Sec. 2200g. Establishment.
``Sec. 2200h. Program elements.
``Sec. 2200i. Model authorities.
``Sec. 2200j. Definitions.
``SEC. 2200G. ESTABLISHMENT.
``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.
``SEC. 2200H. PROGRAM ELEMENTS.
``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.
``SEC. 2200I. MODEL AUTHORITIES.
``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.
``SEC. 2200J. DEFINITIONS.
``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.''.
(b) Implementation Timeline.--
(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.
SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION, EDUCATION, AND
CAREER FIELDS.
(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--
(A) in subsection (a)(3)--
(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'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by striking
``requirements in subparagraphs
(A) and (B) of subsection
(a)(3)'' and inserting
``requirement of subsection
(a)(3)''; and
(II) in subparagraph (C),
by striking ``requirements''
and inserting ``requirement'';
and
(ii) in paragraph (2)--
(I) by striking ``shall
have--'' and all that follows
through ``been awarded'' and
inserting ``shall have been
awarded'';
(II) by striking ``; or''
and inserting a period; and
(III) by striking
subparagraph (B); and
(D) in subsection (f), by striking ``,
including--'' and all that follows and
inserting a period.
(2) Selection criteria and procedures.--Section
1732 of such title is amended--
(A) in subsection (b)(1)--
(i) by striking ``Such
requirements,'' and all the follows
through ``the person--'' and inserting
``Such requirements shall include a
requirement that the person--'';
(ii) by striking subparagraph (B);
and
(iii) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively, and conforming the
margins accordingly;
(B) in subsection (c), by striking
``requirements of subsections (b)(1)(A) and
(b)(1)(B)'' in paragraphs (1) and (2) and
inserting ``requirement of subsection (b)(1)'';
and
(C) in subsection (d)--
(i) by striking ``(1) Except as
provided in paragraph (2),''; and
(ii) by striking paragraph (2).
(c) Defense Acquisition University.--Section 1746 of title
10, United States Code, is amended--
(1) in subsection (b)--
(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.''.
(e) Career Paths.--
(1) Career path required for each acquisition
workforce career field.--Paragraph (4) of section
1701a(b) of title 10, United States Code, is amended to
read as follows:
``(4) develop and implement a career path, as
described in section 1722(a) of this title, for each
career field designated by the Secretary under section
1721(a) of this title as an acquisition workforce
career field;''.
(2) Conforming amendments.--Section 1722(a) of such
title is amended--
(A) by striking ``appropriate career
paths'' and inserting ``an appropriate career
path''; and
(B) by striking ``are identified'' and
inserting ``is identified for each acquisition
workforce career field''.
(3) Deadline for implementation of career paths.--
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)).
(f) Career Fields.--
(1) Designation of acquisition workforce career
fields.--Section 1721(a) of such title is amended by
adding at the end the following new sentence: ``The
Secretary shall also designate in regulations those
career fields in the Department of Defense that are
acquisition workforce career fields for purposes of
this chapter.''.
(2) Clerical amendments.--(A) The heading of
section 1721 of such title is amended to read as
follows:
``Sec. 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:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(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:
``II. Acquisition Positions And Acquisition Workforce Career
Fields.............................................1721''.
(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)).
(g) Key Work Experiences.--
(1) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of
such title is amended by adding at the end the
following new subsection:
``(c) Key Work Experiences.--In carrying out subsection
(b)(2), the Secretary shall ensure that key work experiences,
in the form of 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''.
(i) Competency Development.--
(1) In general.--Subchapter V of chapter 87 of such
title is amended by adding at the end the following new
section:
``Sec. 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:
``1765. Competency development.''.
(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:
``1731. Critical acquisition positions.''.
(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:
``III. Critical Acquisition Positions............................1731''.
(8) Section 1723(a)(2) of such title is amended by
striking ``section 1733 of this title'' and inserting
``section 1731 of this title''.
(9) Section 1725 of such title is amended--
(A) in subsection (a)(1), by striking
``Defense Acquisition Corps'' and inserting
``acquisition workforce''; and
(B) in subsection (d)(2), by striking ``of
the Defense Acquisition Corps'' and inserting
``in the acquisition workforce serving in
critical acquisition positions''.
(10) Section 1734 of such title is amended--
(A) by striking ``of the Acquisition
Corps'' in subsections (e)(1) and (h) and
inserting ``of the acquisition workforce''; and
(B) in subsection (g)--
(i) by striking ``of the
Acquisition Corps'' in the first
sentence and inserting ``of the
acquisition workforce'';
(ii) by striking ``of the Corps''
and inserting ``of the acquisition
workforce''; and
(iii) by striking ``of the
Acquisition Corps'' in the second
sentence and inserting ``of the
acquisition workforce in critical
acquisition positions''.
(11) Section 1737 of such title is amended--
(A) in subsection (a)(1), by striking ``of
the Acquisition Corps'' and inserting ``of the
acquisition workforce''; and
(B) in subsection (b), by striking ``of the
Corps'' and inserting ``of the acquisition
workforce''.
(12) Section 1742(a)(1) of such title is amended by
striking ``the Acquisition Corps'' and inserting
``acquisition positions in the Department of Defense''.
(13) Section 2228(a)(4) of such title is amended by
striking ``under section 1733(b)(1)(C) of this title''
and inserting ``under section 1731 of this title''.
(14) Section 7016(b)(5)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(15) Section 8016(b)(4)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(16) Section 9016(b)(4)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(17) Paragraph (1) of section 317 of title 37,
United States Code, is amended to read as follows:
``(1) is a member of the acquisition workforce
selected to serve in, or serving in, a critical
acquisition position designated under section 1731 of
title 10.''.
SEC. 862. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING AND
MANAGEMENT PROGRAMS.
(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.
(b) Reports.--
(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.''.
SEC. 864. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING PROGRAMS.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2409 the following
new section:
``Sec. 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:
``2409a. Incentives and consideration for qualified training
programs.''.
SEC. 865. USE OF QUALIFIED APPRENTICES BY MILITARY CONSTRUCTION
CONTRACTORS.
(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:
``Sec. 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:
``2870. Use of qualified apprentices by military construction
contractors.''.
(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.
Subtitle G--Small Business Matters
SEC. 870. REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL BUSINESS
CONCERN SUBCONTRACTORS.
(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);''.
SEC. 871. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL REPORT ON
SMALL BUSINESS GOALS.
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.''.
SEC. 872. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF DEFENSE
MENTOR-PROTEGE PROGRAM.
(a) Reauthorization.--
(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.''.
SEC. 874. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS FOR CERTAIN
CONTRACTS.
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'';
(2) in paragraph (1)--
(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:
``(III) the date that--
``(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--
(1) in subsection (b)(3)--
(A) in subparagraph (A)--
(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
(2) in subsection (n)--
(A) in the subsection heading, by striking
``Active Duty'' and inserting ``Active
Service'';
(B) in paragraph (1)--
(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.''.
SEC. 878. MODIFICATION TO THE DEFENSE RESEARCH AND DEVELOPMENT RAPID
INNOVATION PROGRAM.
(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,'';
(2) in subsection (b)--
(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
(3) in subsection (d)--
(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).
SEC. 880. ASSISTANCE FOR SMALL BUSINESS CONCERNS PARTICIPATING IN THE
SBIR AND STTR PROGRAMS.
(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.''.
SEC. 881. CYBERSECURITY TECHNICAL ASSISTANCE FOR SBIR AND STTR
PROGRAMS.
(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).
SEC. 882. FUNDING FOR DEFENSE RESEARCH ACTIVITIES OF SMALL BUSINESS
CONCERNS.
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--
(1) in subsection (a)--
(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''.
SEC. 884. PILOT PROGRAM FOR DOMESTIC INVESTMENT UNDER THE SBIR PROGRAM.
(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).
Subtitle H--Other Matters
SEC. 885. REVIEW OF GUIDANCE TO CONTRACTORS ON NONDISCRIMINATION ON THE
BASIS OF SEX.
(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.
SEC. 886. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS OF
CERTAIN LABOR LAWS.
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.
SEC. 887. COMPTROLLER GENERAL REPORT ON CONTINGENCY CONTRACTING.
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.
(b) Exceptions.--
(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--
(A) is necessary--
(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.
SEC. 891. REPORT ON THE COMBATING TRAFFICKING IN PERSONS INITIATIVE.
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).
SEC. 892. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND CYBERSPACE
INVESTMENTS.
(a) Improved Management.--
(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.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
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.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
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.
Subtitle D--United States Space Force
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.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE MATTERS.
(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''.
(2) Joint staff.--
(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--
(A) in subsection (b)--
(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--
(A) in subsection (b)(2)--
(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.
SEC. 905. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY PRINCIPAL
CYBER ADVISOR.
(a) Advisor.--
(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.
(b) Scope of Positions.--
(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.
(c) 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.''.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
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.''.
Subtitle C--Other Department of Defense Organization and Management
Matters
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:
``Sec. 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:
``988. 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.
(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.
Subtitle D--United States Space Force
SEC. 951. SHORT TITLE.
This subtitle may be cited as the ``United States Space
Force Act''.
SEC. 952. THE SPACE FORCE.
(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
``Sec.
``9081. The United States Space Force.
``9082. Chief of Space Operations.
``9083. Officer career field for space.'';
(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:
``Sec. 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,''.
(d) Members.--
(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:
``908. The Space Force..........................................9081.''.
(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:
``9063. Designation: officers to perform certain professional functions.
``9064. Air Force nurses: Chief; appointment.
``9065. Commands: territorial organization.
``9066. Regular Air Force: composition.
``9067. Assistant Surgeon General for Dental Services.''.
SEC. 953. CHIEF OF SPACE OPERATIONS.
(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:
``Sec. 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.''.
(b) Service.--
(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.''.
SEC. 954. SPACE FORCE ACQUISITION COUNCIL.
(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:
``Sec. 9021. Space Force Acquisition Council
``(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:
``9021. Space Force Acquisition Council.
``9021a. Air Force Reserve Forces Policy Committee.''.
SEC. 955. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY.
(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.''.
(b) Elements of Office.--
(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.
SEC. 956. ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE ACQUISITION
AND INTEGRATION.
(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.
(b) Service.--
(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.
SEC. 958. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Conforming Amendments.--Title 10, United States Code,
is amended as follows:
(1) In section 101(a)(9)(C), by inserting ``and the
Space Force'' before the semicolon.
(2) In section 2273a--
(A) in subsection (a), by striking ``Air
Force Space Command'' and inserting ``Space
Force''; and
(B) in subsection (b), by striking
``Commander of the Air Force Space Command''
and inserting ``Chief of Space Operations''.
(b) Clarification of Authorities.--
(1) In general.--Except as specifically provided by
this subtitle or the amendments made by this subtitle--
(A) a member of the Space Force shall be
treated as a member of the Air Force for the
purpose of the application of any provision of
law, including provisions of law relating to
pay, benefits, and retirement; and
(B) a civilian employee of the Space Force
shall be treated as a civilian employee of the
Air Force for the purpose of the application of
any provision of law, including provisions of
law relating to pay, benefits, and retirement.
(2) Appointment and enlistment.--For purposes of
the appointment or enlistment of individuals as members
of the Space Force pending the integration of the Space
Force into the laws providing for the appointment or
enlistment of individuals as members of the Armed
Forces, appointments and enlistments of individuals as
members of the Armed Forces in the Space Force may be
made in the same manner in which appointments and
enlistments of individuals as members of the Armed
Forces in the other Armed Forces may be made by law.
SEC. 959. EFFECTS ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to authorize or require the
relocation of any facility, infrastructure, or military
installation of the Air Force.
SEC. 960. AVAILABILITY OF FUNDS.
(a) In General.--Subject to subsection (b), amounts
authorized to be appropriated for fiscal year 2020 by this Act
and available for the Air Force may be obligated and expended
for programs, projects, and activities for space, including
personnel and acquisition programs, projects, and activities,
for and in connection with the establishment of the Space Force
and the discharge of the other requirements of this title and
the amendments made by this subtitle.
(b) Limitation.--The total amount obligated and expended in
fiscal year 2020 from amounts authorized to be appropriated by
this Act for and in connection with the establishment of the
Space Force and the discharge of the requirements described in
subsection (a) may not exceed the total amount requested for
the Space Force in the budget of the President for fiscal year
2020, as submitted to Congress pursuant to section 1105(a) of
title 10, United States Code.
SEC. 961. IMPLEMENTATION.
(a) Requirement.--Except as specifically provided by this
subtitle, the Secretary of the Air Force shall implement this
subtitle, and the amendments made by this subtitle, by not
later than 18 months after the date of the enactment of this
Act.
(b) Briefings.--Not later than 60 days after the date of
the enactment of this Act, and every 60 days thereafter until
March 31, 2023, the Secretary of the Air Force and the Chief of
Space Operations shall jointly provide to the congressional
defense committees a briefing on the status of the
implementation of the Space Force pursuant to this subtitle and
the amendments made by this subtitle. Each briefing shall
address the current missions, operations and activities,
manpower requirements and status, and budget and funding
requirements and status of the Space Force, and such other
matters with respect to the implementation and operation of the
Space Force as the Secretary and the Chief jointly consider
appropriate to keep Congress fully and currently informed on
the status of the implementation of the Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
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.
Subtitle B--Counterdrug Activities
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.
Subtitle C--Naval Vessels
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.
Subtitle D--Counterterrorism
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.
Subtitle E--Miscellaneous Authorities and Limitations
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.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this division for fiscal year 2020 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph
(3), the total amount of authorizations that the
Secretary may transfer under the authority of this
section may not exceed $4,000,000,000.
(3) Exception for transfers between military
personnel authorizations.--A transfer of funds between
military personnel authorizations under title IV shall
not be counted toward the dollar limitation in
paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items
that have a higher priority than the items from which
authority is transferred; and
(2) may not be used to provide authority for an
item that has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. DEFENSE BUSINESS AUDIT REMEDIATION PLAN.
(a) In General.--Chapter 9A of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 240g. Defense Business Audit Remediation Plan
``(a) In General.--The Secretary of Defense shall maintain
a plan, to be known as the `Defense Business Systems Audit
Remediation Plan'. Such plan shall include a current accounting
of the defense business systems of the Department of Defense
that will be introduced, replaced, updated, modified, or
retired in connection with the audit of the full financial
statements of the Department, including a comprehensive roadmap
that displays--
``(1) in-service, retirement, and other pertinent
dates for affected defense business systems;
``(2) current cost-to-complete estimates for each
affected defense business system; and
``(3) dependencies both between the various defense
business systems and between the introduction,
replacement, update, modification, and retirement of
such systems.
``(b) Report and Briefing Requirements.--
``(1) Annual report.--Not later than June 30, 2020,
and annually thereafter, the Secretary of Defense shall
submit to the congressional defense committees an
updated report on the Defense Business Systems Audit
Remediation Plan under subsection (a).
``(2) Semiannual briefings.--Not later than January
31 and June 30 each year, the Secretary shall provide
to the congressional defense committees a briefing on
the status of the Defense Business Systems Audit
Remediation Plan. Such briefing shall include a
description of any updates to the defense business
systems roadmap referred to in subsection (a).
``(c) Defense Business System.--In this section, the term
`defense business system' has the meaning given such term in
section 2222(i)(1)(A) of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``240g. Defense Business Audit Remediation Plan.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of
section 240b of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50
percent of the audit remediation services'';
and
(B) by striking ``and audit remediation
activities''; and
(2) in clause (viii), by striking ``or if less than
25 percent of the audit remediation services''.
(b) Semiannual Briefings.--Subsection (b)(2) of such
section is amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)(B), by adding at the end the
following new clauses:
``(ix) If less than 50 percent of
the audit remediation services under
contract, as described in the briefing
required under paragraph (2)(B), are
being performed by individual
professionals meeting the
qualifications described in suhsection
(c), a detailed description of the
risks associated with the risks of the
acquisition strategy of the Department
with respect to conducting audit
remediation activities and an
explanation of how the strategy
complies with the policies expressed by
Congress.
``(x) If less than 25 percent of
the audit remediation services under
contract, as described in the briefing
required under paragraph (2)(B), are
being performed by individual
professionals meeting the
qualifications described in subsection
(c), a written certification that the
staffing ratio complies with commercial
best practices and presents no
increased risk of delay in the
Department's ability to achieve a clean
audit opinion.''; and
(2) in paragraph (2)--
(A) by striking ``Not later'' and inserting
``(A) Not later''; and
(B) by adding at the end the following new
subparagraph:
``(B) Not later than January 31 and June 30 each
year, the Under Secretary of Defense (Comptroller) and
the comptrollers of the military departments shall
provide a briefing to the congressional defense
committees on the status of the corrective action plan.
Such briefing shall include both the absolute number
and percentage of personnel performing the amount of
audit remediation services being performed by
professionals meeting the qualifications described in
subsection (c).''.
(d) Selection of Audit Remediation Services.--Such section
is further amended by adding at the end the following new
subsection:
``(c) Selection of Audit Remediation Services.--The
selection of audit remediation service providers shall be
based, among other appropriate criteria, on qualifications,
relevant experience, and capacity to develop and implement
corrective action plans to address internal control and
compliance deficiencies identified during a financial statement
or program audit.''.
SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF DEFENSE
AUDITS.
(a) Annual Report.--
(1) In general.--Chapter 9A of title 10, United
States Code, as amended by section 1002 is further
amended by adding at the end the following new section:
``Sec. 240h. Annual report on auditable financial statements
``(a) In General.--Not later than January 30 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report that includes a ranking of all of
the military departments and Defense Agencies in order of how
advanced each such department and Agency is in achieving
auditable financial statements, as required by law. In
preparing the report, the Secretary shall seek to exclude
information that is otherwise available in other reports to
Congress.
``(b) Bottom Quartile.--Not later than June 30 of each
year, the head of each of the military departments and Defense
Agencies that were ranked in the bottom quartile of the report
submitted under subsection (a) for that year shall submit to
the congressional defense committees a report that includes the
following information for that military department or Defense
Agency:
``(1) A description of the material weaknesses of
the military department or Defense Agency.
``(2) The underlying causes of such weaknesses.
``(3) A plan for remediating such weaknesses.
``(4) The total number of open audit notices of
findings and recommendations (hereinafter referred to
as `NFRs') for the most recently concluded fiscal year
and the preceding two fiscal years, where applicable.
``(5) The number of repeat or reissued NFRs from
the most recently concluded fiscal year.
``(6) The number of NFRs that were previously
forecasted to be closed during the most recently
concluded fiscal year that remain open.
``(7) The number of closed NFRs during the current
fiscal year and prior fiscal years.
``(8) The number of material weaknesses that were
validated by external auditors as fully resolved or
downgraded in the current fiscal year over prior fiscal
years.
``(9) A breakdown by fiscal years in which open
NFRs are forecasted to be closed.
``(10) Explanations for unfavorable trends in the
information under paragraphs (1) through (9).''.
(2) Clerical amendment.--The table of sections at
the beginning of such chapter , as amended by section
1002 is futher amended by adding at the end the
following new item:
``240h. Annual report on auditable financial statements.''.
(b) Plan for Remediated Audit Findings.--Not later than 90
days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees
a report on Department-wide audit metrics. Such report shall
include each of the following:
(1) The total number of open audit notices of
findings and recommendations (hereinafter referred to
as ``NFRs'') for the most recent fiscal year and the
preceding two fiscal years where applicable.
(2) The number of repeat or reissued NFRs from the
most recent fiscal year.
(3) The number of NFRs that were previously
forecasted to be closed in the most recently completed
fiscal year that remain open,
(4) The number of closed NFRs in the current fiscal
year and prior fiscal years.
(5) The number of material weaknesses that were
validated by external auditors as fully resolved or
downgraded in the current fiscal year over prior fiscal
years.
(6) A breakdown by fiscal years in which open NFRs
are forecasted to be closed.
(7) Explanations for unfavorable trends in the
information under paragraphs (1) through (5).
SEC. 1005. INCLUSION OF CERTAIN MILITARY CONSTRUCTION PROJECTS IN
ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED
FORCES AND THE COMBATANT COMMANDS.
(a) Inclusion of Certain Military Construction Projects
Among Unfunded Priorities.--Subsection (d) of section 222a of
title 10, United States Code, is amended to read as follows:
``(d) Definitions.--In this section:
``(1) The term `unfunded priority', in the case of
a fiscal year, means a program, activity, or mission
requirement, including a covered military construction
project, that--
``(A) is not funded in the budget of the
President for the fiscal year as submitted to
Congress pursuant to section 1105 of title 31;
``(B) is necessary to fulfill a requirement
associated with an operational or contingency
plan of a combatant command or other validated
requirement; and
``(C) would have been recommended for
funding through the budget referred to in
subparagraph (1) by the officer submitting the
report required by subsection (a) in connection
with the budget if--
``(i) additional resources been
available for the budget to fund the
program, activity, or mission
requirement; or
``(ii) the program, activity, or
mission requirement has emerged since
the budget was formulated.
``(2) The term `covered military construction
project', in connection with a fiscal year, means a
military construction project that--
``(A) is included in any fiscal year of the
future-years defense program under section 221
of this title that is submitted in connection
with the budget of the President for the fiscal
year, and is executable in the fiscal year; or
``(B) is considered by the commander of a
combatant command referred to in subsection
(b)(5) to be an urgent need, and is executable
in the fiscal year.''.
(b) Order of Urgency of Priorities.--Paragraph (2) of
subsection (c) of such section is amended to read as follows:
``(2) Prioritization of priorities.--Each report
shall present the unfunded priorities covered by such
report as follows:
``(A) In overall order of urgency of
priority.
``(B) In overall order of urgency of
priority among unfunded priorities (other than
covered military construction projects).
``(C) In overall order of urgency of
priority among covered military construction
projects.''.
SEC. 1006. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR SUBMITTAL TO
CONGRESS OF OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS
REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS.
Section 222c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection
(b)'' and inserting ``subsection (c)'';
(2) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following
new subsection (b):
``(b) Prohibition on Delegation of Submittal
Responsibility.--The responsibility of the chief of staff of an
armed force in subsection (a) to submit a report may not be
delegated outside the armed force concerned.''; and
(4) in subsection (c), as redesignated by paragraph
(2), by striking ``subsection (c)'' in paragraph (6)
and inserting ``subsection (d)''.
SEC. 1007. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-COMMON AND
OTHER SUPPORT AND ENABLING CAPABILITIES FOR SPECIAL
OPERATIONS FORCES.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 225 the following new
section:
``Sec. 226. Special operations forces: display of service-common and
other support and enabling capabilities
``(a) In General.--The Secretary shall include, in the
budget materials submitted to Congress under section 1105 of
title 31 for fiscal year 2021 and any subsequent fiscal year, a
consolidated budget justification display showing service-
common and other support and enabling capabilities for special
operations forces requested by a military service or Defense
Agency. Such budget justification display shall include any
amount for service-common or other capability development and
acquisition, training, operations, pay, base operations
sustainment, and other common services and support.
``(b) Service-common and Other Support and Enabling
Capabilities.--In this section, the term `service-common and
other support and enabling capabilities' means capabilities
provided in support of special operations that are not
reflected in Major Force Program-11 or designated as special
operations forces-peculiar.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 225 the following new item:
``226. Special operations forces: display of service-common and other
support and enabling capabilities.''.
SEC. 1008. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND
AUDIT REMEDIATION PLAN ON ACTIVITIES WITH RESPECT
TO CLASSIFIED PROGRAMS.
Section 240b(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), as amended by section
1003, by adding at the end the following new clause:
``(xi) A description of audit
activities and results for classified
programs, including a description of
the use of procedures and requirements
to prevent unauthorized exposure of
classified information in such
activities.''; and
(2) in subparagraph (C)(i), by inserting ``or
(ix)'' after ``clause (vii)''.
SEC. 1009. PLAN OF THE DEPARTMENT OF DEFENSE FOR FINANCIAL MANAGEMENT
INFORMATION.
(a) Element on Support of NDS by Corrective Action Plans.--
Section 240b(b)(1)(B) of title 10, United States Code, as
amended by section 1008 of this Act, is further amended by
adding at the end the following new clause:
``(xii) An identification the
manner in which the corrective action
plan or plans of each department,
agency, component, or element of the
Department of Defense, and the
corrective action plan of the
Department as a whole, support the
National Defense Strategy (NDS) of the
United States.''.
(b) Technical Amendment.--Clause (i) of such section is
amended by striking ``section 253a'' and inserting ``section
240c''.
(c) Annual Reports on Funding for Corrective Action
Plans.--Not later than five days after the submittal to
Congress under section 1105(a) of title 31, United States Code,
of the budget of the President for any fiscal year after fiscal
year 2020, the Secretary of Defense shall submit to the
congressional defense committees a reporting setting forth a
detailed estimate of the funding required for such fiscal year
to procure, obtain, or otherwise implement each process,
system, and technology identified to address the current
corrective action plans of the departments, agencies,
components, and elements of the Department of Defense, and the
corrective action plan of the Department as a whole, for
purposes of chapter 9A of title 10, United States Code, during
such fiscal year.
SEC. 1010. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT OF DEFENSE
ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Renaming as Account.--
(1) In general.--Section 1705 of title 10, United
States Code, is amended--
(A) in subsection (a), by striking ``the
`Department of Defense Acquisition Workforce
Development Fund' (in this section referred to
as the `Fund')'' and inserting ``the
`Department of Defense Acquisition Workforce
Development Account' (in this section referred
to as the `Account')''; and
(B) by striking ``Fund'' each place it
appears (other than subsection (e)(6)) and
inserting ``Account''.
(2) Conforming and clerical amendments.--
(A) Section heading.--The heading of such
section is amended to read as follows:
``Sec. 1705. Department of Defense Acquisition Workforce Development
Account''.
(B) Clerical amendment.--The table of
sections at the beginning of subchapter I of
chapter 87 of such title is amended by striking
the item relating to section 1705 and inserting
the following new item:
``1705. Department of Defense Acquisition Workforce Development
Account.''.
(b) Management.--Such section is further amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place it appears and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(c) Appropriations as Sole Elements of Account.--Subsection
(d) of such section is amended to read as follows:
``(d) Elements.--The Account shall consist of amounts
appropriated to the Account by law.''.
(d) Availability of Amounts in Account.--Subsection (e)(6)
of such section is amended by striking ``credited to the Fund''
and all that follows and inserting ``appropriated to the
Account pursuant to subsection (d) shall remain available for
expenditure for the fiscal year in which appropriated and the
succeeding fiscal year.''.
(e) Effective Date.--
(1) In general.--The amendments made by this
section shall take effect on October 1, 2019, and shall
apply with respect to fiscal years that begin on or
after that date.
(2) Duration of availability of previously
deposited funds.--Nothing in the amendments made by
this section shall modify the duration of availability
of amounts in the Department of Defense Acquisition
Workforce Development Fund that were appropriated or
credited to, or deposited, in the Fund, before October
1, 2019, as provided for in section 1705(e)(6) of title
10, United States Code, as in effect on the day before
such date.
SEC. 1011. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT
OF DEFENSE AUDIT.
Section 1006 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended--
(1) by striking ``For all contract actions'' and
inserting ``(a) In General.--For all contract
actions''; and
(2) by adding at the end the following new
subsections
``(b) Treatment of Statement.--A statement setting forth
the details of a disciplinary proceeding submitted pursuant to
subsection (a), and the information contained in such a
statement, shall be--
``(1) treated as confidential to the extent
required by the court or agency in which the proceeding
has occurred; and
``(2) treated in a manner consistent with any
protections or privileges established by any other
provision of Federal law.''.
SEC. 1012. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON
EMERGENCY AND EXTRAORDINARY EXPENSES OF THE
DEPARTMENT OF DEFENSE.
Paragraph (2) of section 127(d) of title 10, United States
Code, is amended to read as follows:
``(2) Each report submitted under paragraph (1) shall
include, for each individual expenditure covered by such report
in an amount in excess of $100,000, the following:
``(A) A detailed description of the purpose of such
expenditure.
``(B) The amount of such expenditure.
``(C) An identification of the approving authority
for such expenditure.
``(D) A justification why other authorities
available to the Department could not be used for such
expenditure.
``(E) Any other matters the Secretary considers
appropriate.''.
Subtitle B--Counterdrug Activities
SEC. 1021. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) Organizations With Respect to Which Assistance May Be
Provided.--Subsection (a) of section 1021 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2042), as most recently amended
by section 1011(1) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1545), is
further amended--
(1) in paragraph (1), by striking ``organizations
designated as'' and all that follows and inserting
``the Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), the United Self-
Defense Forces of Colombia (AUC), and any covered
organization that the Secretary of Defense, with the
concurrence of the Secretary of State, determines poses
a threat to the national security interests of the
United States.'';
(2) by redesignating paragraph (2) as paragraph
(3); and
(3) by inserting after paragraph (1) the following
new paragraph (2):
``(2) For purposes of paragraph (1), a covered organization
is any foreign terrorist organization, or other organization
that is a non-state armed group, that--
``(A) promotes illicit economies;
``(B) employs violence to protect its interests;
``(C) has a military type structure, tactics, and
weapons that provide it the ability to carry out large-
scale violence;
``(D) challenges the security response capacity of
Colombia; and
``(E) has the capability to control territory.''.
(b) Notice on Assistance.--Such section is further
amended--
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the following
new subsection (e):
``(e) Notice on Assistance With Respect to Covered
Organizations.--(1) Not later than 30 days before providing
assistance pursuant to the authority in subsection (a) with
respect to a covered organization, the Secretary of Defense
shall submit to the appropriate committees of Congress a
written notification of the intent to use such authority with
respect to such organization, including the name of such
organization, the characteristics of such organization, and
threat posed by such organization.
``(2) In this subsection, the term `appropriate committees
of Congress' means--
``(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136; 10 U.S.C. 271 note) is amended by striking
``2020'' and inserting ``2022''.
(b) Technical Corrections.--Subsection (e) of such section
is amended--
(1) in paragraph (1), by inserting a period at the
end; and
(2) by adding at the end the following paragraph
(2):
``(2) For purposes of applying the definition of
transnational organized crime under paragraph (1) to this
section, the term `illegal means', as it appears in such
definition, includes the trafficking of money, human
trafficking, illicit financial flows, illegal trade in natural
resources and wildlife, trade in illegal drugs and weapons, and
other forms of illegal means determined by the Secretary of
Defense.''.
SEC. 1023. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND
CARIBBEAN BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations
and illicit narcotics trafficking across the transit
zone and the Caribbean basin is critical to the
national security of the United States;
(2) the Department of Defense should work with the
Department of Homeland Security, the Department of
State, and other relevant Federal, State, local, and
international partners to improve surveillance
capabilities and maximize the effectiveness of
counterdrug operations in the region; and
(3) the Secretary of Defense should, to the
greatest extent possible, ensure United States Northern
Command and United States Southern Command have the
necessary assets to support and increase counter-drug
activities within their respective areas of operations
in the transit zone and the Caribbean basin.
SEC. 1024. ASSESSMENT OF IMPACT OF ANY PLANNED OR PROPOSED BORDER WALL
ON VOLUME OF ILLEGAL NARCOTICS.
(a) Assessment Required.--The Secretary of Defense, in
consultation with the Secretary of Homeland Security, shall
conduct an assessment of the impact that any planned or
proposed border wall construction under section 284 or 2808 of
title 10, United States Code, along the southern border of the
United States would have on the volume of illegal narcotics
entering the United States.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Homeland Security shall jointly submit to Congress
a report on the assessment required by subsection (a).
Subtitle C--Naval Vessels
SEC. 1031. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS USING FUNDS IN
NATIONAL DEFENSE SEALIFT FUND.
(a) In General.--Section 2218(f)(3)(E) of title 10, United
States Code, is amended--
(1) in clause (i), by striking ``ten new sealift
vessels'' and inserting ``ten new vessels that are
sealift vessels, auxiliary vessels, or a combination of
such vessels''; and
(2) in clause (ii), by striking ``sealift''.
(b) Effective Date.--The amendments 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.
SEC. 1032. USE OF NATIONAL DEFENSE SEALIFT FUND FOR PROCUREMENT OF TWO
USED VESSELS.
Pursuant to section 2218(f)(3) of title 10, United States
Code, and using amounts authorized to be appropriated for
Operation and Maintenance, Navy, for fiscal year 2020, the
Secretary of the Navy shall seek to enter into a contract for
the procurement of two used vessels.
SEC. 1033. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED FORCES AND
DEFENSE AGENCIES.
Section 2631 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by
inserting ``or for a Defense Agency'' after ``Marine
Corps''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the
following new paragraph (2):
``(2) Before entering into a contract for the
transportation by sea of fuel products under this section, the
Secretary shall provide a minimum variance of three days on the
shipment date.''; and
(C) in paragraph (4), as redesignated by
subparagraph (A), by striking ``the requirement
described in paragraph (1)'' and insert ``a
requirement under paragraph (1) or (2)''.
SEC. 1034. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL CLASS.
(a) Senior Technical Authority for Each Class Required.--
Chapter 863 of title 10, United States Code, is amended by
inserting after section 8669a the following new section:
``Sec. 8669b. Senior Technical Authority for each naval vessel class
``(a) Senior Technical Authority.--
``(1) Designation for each vessel class required.--
The Secretary of the Navy shall designate, in writing,
a Senior Technical Authority for each class of naval
vessels as follows:
``(A) In the case of a class of vessels
which has received Milestone A approval, an
approval to enter into technology maturation
and risk reduction, or an approval to enter
into a subsequent Department of Defense or
Department of the Navy acquisition phase as of
the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020,
not later than 30 days after such date of
enactment.
``(B) In the case of any class of vessels
which has not received any approval described
in subparagraph (A) as of such date of
enactment, at or before the first of such
approvals.
``(2) Individuals eligible for designation.--Each
individual designated as a Senior Technical Authority
under paragraph (1) shall be an employee of the Navy in
the Senior Executive Service in an organization of the
Navy that--
``(A) possesses the technical expertise
required to carry out the responsibilities
specified in subsection (b); and
``(B) operates independently of chains-of-
command for acquisition program management.
``(3) Term.--Each Senior Technical Authority shall
be designated for a fixed term, not shorter than the
time anticipated to establish demonstrated successful
performance of the class of vessels concerned in
accordance with its approved capabilities document, as
determined by the Secretary at the time of designation.
``(4) Voluntary departure.--If an individual
designated as a Senior Technical Authority voluntarily
departs the position before demonstrated successful
performance of the class of vessels concerned, the
Secretary shall designate, in writing, a replacement,
and shall notify, in writing, the congressional defense
committees not later than 90 days after such departure.
``(5) Removal.--An individual may be removed
involuntarily from designation as a Senior Technical
Authority only by the Secretary. Not later than 15 days
after the involuntary removal of an individual from
such designation, the Secretary shall notify, in
writing, the congressional defense committees of the
removal, including the reasons for the removal. Not
later than 90 days after the involuntary removal, the
Secretary shall designate, in writing, a replacement,
and shall notify, in writing, the congressional defense
committees of such designation.
``(6) Reassignment for mission needs.--Subject to
paragraphs (4) and (5), the Secretary may reassign a
Senior Technical Authority or remove an individual from
designation as a Senior Technical Authority in
furtherance of Department of the Navy mission needs.
``(b) Responsibilities and Authority.--Each Senior
Technical Authority shall be responsible for, and have the
authority to, establish, monitor, and approve technical
standards, tools, and processes for the class of naval vessels
for which designated under this section in conformance with
applicable laws and Department of Defense and Department of the
Navy policies, requirements, architectures, and standards.
``(c) Limitation on Obligation of Funds on Lead Vessel in
Vessel Class.--
``(1) In general.--On or after January 1, 2021,
funds authorized to be appropriated for Shipbuilding
and Conversion, Navy or Other Procurement, Navy may not
be obligated for the first time on the lead vessel in a
class of naval vessels unless the Secretary of the Navy
certifies as described in paragraph (2).
``(2) Certification elements.--The certification on
a class of naval vessels described in this paragraph is
a certification containing each of the following:
``(A) The name or names of the individual
or individuals designated as the Senior
Technical Authority for such class of vessels,
and the qualifications and professional
biography or biographies of the individual or
individuals so designated.
``(B) A description by the Senior Technical
Authority of the systems engineering,
technology, and ship integration risks for such
class of vessels.
``(C) The designation by the Senior
Technical Authority of each critical hull,
mechanical, electrical, propulsion, and combat
system of such class of vessels, including
systems relating to power generation, power
distribution, and key operational mission
areas.
``(D) The date on which the Senior
Technical Authority approved the systems
engineering, engineering development, and land-
based engineering and testing plans for such
class of vessels.
``(E) A description by the Senior Technical
Authority of the key technical knowledge
objectives and demonstrated system performance
of each plan approved as described in
subparagraph (D).
``(F) A determination by the Senior
Technical Authority that such plans are
sufficient to achieve thorough technical
knowledge of critical systems of such class of
vessels before the start of detail design and
construction.
``(G) A determination by the Senior
Technical Authority that actual execution of
activities in support of such plans as of the
date of the certification have been and
continue to be effective and supportive of the
acquisition schedule for such class of vessels.
``(H) A description by the Senior Technical
Authority of other technology maturation and
risk reduction efforts not included in such
plans for such class of vessels taken as of the
date of the certification.
``(I) A certification by the Senior
Technical Authority that each critical system
covered by subparagraph (C) has been
demonstrated through testing of a prototype or
identical component in its final form, fit, and
function in a realistic environment.
``(J) A determination by the Secretary that
the plans approved as described in subparagraph
(D) are fully funded and will be fully funded
in the future-years defense program for the
fiscal year beginning in the year in which the
certification is submitted.
``(K) A determination by the Secretary that
the Senior Technical Authority will approve, in
writing, the ship specification for such class
of vessels before the request for proposals for
detail design, construction, or both, as
applicable, is released.
``(3) Deadline for submittal of certification.--The
certification required by this subsection with respect
to a class of naval vessels shall be submitted, in
writing, to the congressional defense committees not
fewer than 30 days before the Secretary obligates for
the first time funds authorized to be appropriated for
Shipbuilding and Conversion, Navy or Other Procurement,
Navy for the lead vessel in such class of naval
vessels.
``(d) Definitions.--In this section:
``(1) The term `class of naval vessels'--
``(A) means any group of similar undersea
or surface craft procured with Shipbuilding and
Conversion, Navy or Other Procurement, Navy
funds, including manned, unmanned, and
optionally-manned craft; and
``(B) includes--
``(i) a substantially new class of
craft (including craft procured using
`new start' procurement); and
``(ii) a class of craft undergoing
a significant incremental change in its
existing class (such as a next `flight'
of destroyers or next `block' of attack
submarines).
``(2) The term `future-years defense program' has
the meaning given that term in section 221 of this
title.
``(3) The term `Milestone A approval' has the
meaning given that term in section 2431a of this
title.''.
(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 8669a the following new
item:
``8669b. Senior Technical Authority for each naval vessel class.''.
SEC. 1035. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL READINESS OF
LITTORAL COMBAT SHIPS ON EXTENDED DEPLOYMENT.
Section 8680(a)(2) of title 10, United States Code, is
amended--
(1) in subparagraph (C)(ii)--
(A) by striking ``means preservation or
corrosion control efforts and cleaning
services'' and inserting ``means--''; and
(B) by adding at the end the following new
subclauses:
``(I) the effort required to provide
housekeeping services throughout the ship;
``(II) the effort required to perform
coating maintenance and repair to exterior and
interior surfaces due to normal environmental
conditions; and
``(III) the effort required to clean
mechanical spaces, mission zones, and topside
spaces.''; and
(2) by striking subparagraph (D).
SEC. 1036. FORMAL TRAINING FOR SHIPBOARD SYSTEM PROGRAMS OF RECORD.
(a) In General.--The Secretary of the Navy shall ensure
that there is formal training provided for any shipboard system
that is a program of record on any Navy surface vessel.
(b) Timline for Implementation.--
(1) Current programs.--In the case of any shipboard
system program of record that is in use as of the date
of the enactment of this Act for which no formal
training is available, the Secretary shall ensure that
such training is available by not later than 12 months
after the date of the enactment of this Act.
(2) Future programs.--In the case of any shipboard
system program of record that is first accepted by the
Government after the date of the enactment of this Act,
the Secretary shall ensure that formal training is
established for such program by not later than 12
months after the date on which the shipboard system
program of record is first accepted by the Government.
SEC. 1037. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL
BASE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Labor, shall submit to the Committee on Armed
Services and the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Armed Services and
the Committee on Education and Labor of the House of
Representatives a report on shipbuilder training and hiring
requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness of
the defense industrial base. Such report shall include each of
the following:
(1) An analysis and estimate of the time and
investment required for new shipbuilders to gain
proficiency in particular shipbuilding occupational
specialties, including detailed information about the
occupational specialty requirements necessary for
construction of naval surface ship and submarine
classes to be included in the Navy's 30-year
shipbuilding plan.
(2) An analysis of the age demographics and
occupational experience level (measured in years of
experience) of the shipbuilding defense industrial
workforce.
(3) An analysis of the potential time and
investment challenges associated with developing and
retaining shipbuilding skills in organizations that
lack intermediate levels of shipbuilding experience.
(4) Recommendations concerning how to address
shipbuilder training during periods of demographic
transition, including whether emerging technologies,
such as augmented reality, may aid in new shipbuilder
training.
(5) Recommendations concerning how to encourage
young adults to enter the defense shipbuilding industry
and to develop the skills necessary to support the
shipbuilding defense industrial base.
SEC. 1038. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-81 DUAL
AIRCRAFT CARRIER CONTRACT.
To the extent practicable and unless otherwise required by
law, the Secretary of the Navy shall ensure that competitive
procedures are used with respect to any task order or delivery
order issued under a dual aircraft carrier contract relating to
the CVN-80 and CVN-81.
SEC. 1039. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE.
(a) Report Required.--Not later than May 1, 2020, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the feasibility and advisability of
allowing maintenance to be performed on a naval vessel at a
shipyard other than a homeport shipyard of the vessel.
(b) Elements.--The report required under subsection (a)
shall include the following:
(1) An assessment of the ability of homeport
shipyards to meet the current naval vessel maintenance
demands.
(2) An assessment of the ability of homeport
shipyards to meet the naval vessel maintenance demands
of the force structure assessment requirement of the
Navy for a 355-ship navy.
(3) An assessment of the ability of non-homeport
firms to augment repair work at homeport shipyards,
including an assessment of the following:
(A) The capability and proficiency of
shipyards in the Great Lakes, Gulf Coast, East
Coast, West Coast, and Alaska regions to
perform technical repair work on naval vessels
at locations other than their homeports.
(B) The improvements to the capability and
capacity of shipyards in the Great Lakes, Gulf
Coast, East Coast, West Coast, and Alaska
regions that would be required to enable
performance of technical repair work on naval
vessels at locations other than their
homeports.
(C) The types of naval vessels (such as
noncombatant vessels or vessels that only need
limited periods of time in shipyards) best
suited for repair work performed by shipyards
in locations other than their homeports.
(D) The potential benefits to fleet
readiness of expanding shipyard repair work to
include shipyards not located at the homeports
of naval vessels.
(E) The ability of non-homeport firms to
maintain surge capacity when homeport shipyards
lack the capacity or capability to meet
homeport requirements.
(4) An assessment of the potential benefits of
expanding repair work for naval vessels to shipyards
not eligible for short-term work in accordance with
section 8669a(c) of title 10, United States Code.
(5) Such other related matters as the Secretary of
the Navy considers appropriate.
(c) Rules of Construction.--
(1) Requirements relating to construction of
combatant and escort vessels and assignment of vessel
projects.--Nothing in this section may be construed to
override the requirements of section 8669a of title 10,
United States Code.
(2) No funding for shipyards of non-homeport
firms.--Nothing in this section may be construed to
authorize funding for shipyards of non-homeport firms.
(d) Definitions.--In this section:
(1) Homeport shipyard.--The term ``homeport
shipyard'' means a shipyard associated with a firm
capable of being awarded short-term work at the
homeport of a naval vessel in accordance with section
8669a(c) of title 10, United States Code.
(2) Short-term work.--The term ``short-term work''
has the meaning given that term in section 8669a(c)(4)
of such title.
Subtitle D--Counterterrorism
SEC. 1041. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT
TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``authorized''
before ``ongoing''; and
(2) in subsection (d)(2)--
(A) in subparagraph (A), by inserting ``and
a description of the authorized ongoing
operation'' before the period at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by striking subparagraphs (B) and
inserting the following new subparagraphs after
subparagraph (A):
``(B) A description of the foreign forces,
irregular forces, groups, or individuals
engaged in supporting or facilitating the
authorized ongoing operation who will receive
support provided under this section.
``(C) A detailed description of the support
provided or to be provided to the recipient.'';
and
(D) by adding at the end the following new
subparagraphs:
``(E) A detailed description of the legal
and operational authorities related to the
authorized ongoing operation, including
relevant execute orders issued by the Secretary
of Defense and combatant commanders related to
the authorized ongoing operation, including an
identification of operational activities United
States Special Operations Forces are authorized
to conduct under such execute orders.
``(F) The duration for which the support is
expected to be provided and an identification
of the timeframe in which the provision of
support will be reviewed by the combatant
commander for a determination regarding the
necessity of continuation of support.''.
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.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
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.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
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.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 1045. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as
amended by section 1032 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1953), is further amended by striking ``or 2019'' and
inserting ``, 2019, or 2020''.
SEC. 1046. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Chief Medical Officer.--
(1) In general.--There shall be at United States
Naval Station, Guantanamo Bay, Cuba, a Chief Medical
Officer of United States Naval Station, Guantanamo Bay
(in this section referred to as the ``Chief Medical
Officer'').
(2) Grade.--The individual serving as Chief Medical
Officer shall be an officer of the Armed Forces who
holds a grade not below the grade of colonel, or
captain in the Navy.
(3) Chain of command.--Notwithstanding sections 162
and 164 of title 10, United States Code, the Chief
Medical Officer shall be assigned and report to the
Assistant Secretary of Defense for Health Affairs, with
duty at United States Naval Station, Guantanamo Bay,
Cuba, in the performance of duties and the exercise of
powers of the Chief Medical Officer under this section.
(b) Duties.--
(1) In general.--The Chief Medical Officer shall
oversee the provision of medical care to individuals
detained at Guantanamo.
(2) Quality of care.--The Chief Medical Officer
shall ensure that medical care provided as described in
paragraph (1) meets applicable standards of care.
(c) Powers.--
(1) In general.--The Chief Medical Officer shall
make medical determinations relating to medical care
for individuals detained at Guantanamo, including--
(A) decisions regarding assessment,
diagnosis, and treatment; and
(B) determinations concerning medical
accommodations to living conditions and
operating procedures for detention facilities.
(2) Resolution of declination to follow
determinations.--If the commander of Joint Task Force
Guantanamo or the Commander of United States Southern
Command declines to follow a determination of the Chief
Medical Officer under paragraph (1), the matter covered
by such determination shall be resolved by the
Assistant Secretary of Defense for Health Affairs, in
consultation with the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict, not
later than seven days after receipt by both Assistant
Secretaries of written notification of the matter from
the Chief Medical Officer.
(3) Security clearances.--The appropriate
departments or agencies of the Federal Government
shall, to the extent practicable in accordance with
existing procedures and requirements, process
expeditiously any application and adjudication for a
security clearance required by the Chief Medical
Officer to carry out the Chief Medical Officer's duties
and powers under this section.
(d) Access to Individuals, Information, and Assistance.--
(1) In general.--The Chief Medical Officer may
secure directly from the Department of Defense access
to any individual, information, or assistance that the
Chief Medical Officer considers necessary to enable the
Chief Medical Officer to carry out this section,
including full access to the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual
detained at Guantanamo.
(C) Medical professionals of the Department
who are working, or have worked, at United
States Naval Station, Guantanamo Bay.
(2) Access upon request.--Upon request of the Chief
Medical Officer, the Department shall make available to
the Chief Medical Officer on an expeditious basis
access to individuals, information, and assistance as
described in paragraph (1).
(3) Lack of expeditious availability.--If access to
individuals, information, or assistance is not made
available to the Chief Medical Officer upon request on
an expeditious basis as required by paragraph (2), the
Chief Medical Officer shall notify the Assistant
Secretary of Defense for Health Affairs and the
Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict, who shall take actions to
resolve the matter expeditiously.
(e) Definitions.--In this section:
(1) Individual detained at guantanamo defined.--The
term ``individual detained at Guantanamo'' means an
individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(A) is not a national of the United States
(as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22)) or a member of the Armed Forces of
the United States; and
(B) is--
(i) in the custody or under the
control of the Department of Defense;
or
(ii) otherwise detained at United
States Naval Station, Guantanamo Bay.
(2) Medical care.--The term ``medical care'' means
physical and mental health care.
(3) Standard of care.--The term ``standard of
care'' means evaluation and treatment that is accepted
by medical experts and reflected in peer-reviewed
medical literature as the appropriate medical approach
for a condition, symptoms, illness, or disease and that
is widely used by healthcare professionals.
SEC. 1047. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING VIOLENT
EXTREMISM.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State, shall seek to enter into a
contract with a nonprofit entity or a federally funded research
and development center independent of the Department of Defense
and the Department of State to conduct research and analysis on
the relationship between gender and violent extremism.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include consideration of the following:
(1) The probable causes and historical trends of
women's participation in violent extremist
organizations.
(2) Potential ways in which women's participation
in violent extremism is likely to change in the near-
and medium-term.
(3) The relationship between violent extremism and
each of the following:
(A) Gender-based violence, abduction, and
human trafficking.
(B) The perceived role or value of women at
the community level, including with respect to
property and inheritance rights and bride-price
and dowry.
(C) Community opinions of killing or
harming of women.
(D) Violations of girls' rights, including
child, early, and forced marriage and access to
education.
(4) Ways for the Department of Defense to engage
and support women and girls who are vulnerable to
extremist behavior and activities as a means to counter
violent extremism and terrorism.
(c) Utilization.--The Secretary of Defense and the
Secretary of State shall utilize the results of the research
and analysis conducted under subsection (a) to inform the
strategic and operational objectives of the geographic
combatant command, where appropriate. Such utilization shall be
in accordance with the Women, Peace, and Security Act of 2017
(Public Law 115-68; 22 U.S.C. 2152j et seq.).
(d) Reports.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the nonprofit entity
or federally funded research and development center
with which the Secretary of Defense enters into the
contract under subsection (a) shall submit to the
Secretary of Defense and Secretary of State a report on
the results of the research and analysis required by
subsection (a).
(2) Submission to congress.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees each of the following:
(A) A copy of the report submitted under
paragraph (1) without change.
(B) Any comments, changes, recommendations,
or other information provided by the Secretary
of Defense and the Secretary of State relating
to the research and analysis required by
subsection (a) and contained in such report.
(3) Appropriate congressional committees.--In this
paragraph, the term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives; and
(C) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1051. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE AIRCRAFT
CONTROLLED BY SECRETARIES OF MILITARY DEPARTMENTS.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 120. Department of Defense executive aircraft controlled by
Secretaries of military departments
``(a) In General.--The Secretary of Defense shall ensure
that the Chief of the Air Force Special Air Mission Office is
given the responsibility for coordination of scheduling all
Department of Defense executive aircraft controlled by the
Secretaries of the military departments in order to support
required use travelers.
``(b) Responsibilities.--(1) Not later than 180 days after
the date of the enactment of this section, the Secretary of
each of the military departments shall execute a memorandum of
understanding with the Air Force Special Air Mission Office
regarding oversight and management of executive aircraft
controlled by that military department.
``(2) The Secretary of Defense shall be responsible for
prioritizing travel when requests exceed available executive
airlift capability.
``(3) The Secretary of a military department shall maintain
overall authority for scheduling the required use travelers of
that military department on executive aircraft controlled by
the Secretary. When an executive aircraft controlled by the
Secretary of a military department is not supporting required
use travelers of that military department, the Secretary of the
military department shall make such executive aircraft
available for scheduling of other required use travelers.
``(c) Limitations.--(1) The Secretary of Defense may not
establish a new command and control organization to support
aircraft.
``(2) No executive aircraft controlled by the Secretary of
a military department may be permanently stationed at any
location without a required use traveler without the approval
of the Secretary of Defense.
``(d) Definitions.--In this section:
``(1) The term `required use traveler' has the
meaning given such term in Department of Defense
directive 4500.56, as in effect on the date of the
enactment of this section.
``(2) The term `executive aircraft' has the meaning
given such term in Department of Defense directive
4500.43, as in effect on the date of the enactment of
this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1052. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection
(b) of section 2284 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (2) as paragraph
(3);
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting
``and'' after the semicolon;
(B) by redesignating subparagraph (B) as
paragraph (2), moving it to appear after
paragraph (1), and adjusting the margins
accordingly;
(C) by redesignating subparagraph (C) as
subparagraph (B);
(D) in subparagraph (B), as so
redesignated--
(i) by striking ``joint program
executive officer who'' and inserting
``training and technology program
that'';
(ii) by inserting ``, provides
common individual training,'' after
``explosive ordnance disposal'';
(iii) by striking ``and
procurement'';
(iv) by inserting ``for common
tools'' after ``activities'';
(v) by striking ``and combatant
commands''; and
(E) by striking subparagraphs (D) and (E);
(3) in paragraph (2), as redesignated by paragraph
(2)(B) of this subsection, by inserting ``(A)'' after
``paragraph (1)'';
(4) in paragraph (3), as redesignated by paragraph
(1) of this subsection, by striking ``such as weapon
systems, manned and unmanned vehicles and platforms,
cyber and communication equipment, and the integration
of explosive ordnance disposal sets, kits and outfits
and explosive ordnance disposal tools, equipment, sets,
kits, and outfits developed by the department.'' and
inserting ``; and''; and
(5) by adding at the end the following new
paragraph:
``(4) the Secretary of the Army shall designate an
Army explosive ordnance disposal-qualified general
officer to serve as the co-chair of the Department of
Defense explosive ordnance disposal defense program.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' has the meaning
given such term in section 283(d) of this title.
``(2) The term `explosive ordnance disposal' means
the detection, identification, on-site evaluation,
rendering safe, exploitation, recovery, and final
disposal of explosive ordnance.''.
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.
Section 1014 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by striking ``section 371 of title 10, United
States Code'' each place it appears and inserting
``section 271 of title 10, United States Code''; and
(2) in subsection (d)(3) by striking ``January 31,
2020'' and inserting ``December 31, 2022''.
SEC. 1054. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.
Section 1055(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note)
is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (C) as
subparagraph (E); and
(B) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) A description of the required
duration of the support.
``(D) A description of the initial costs
for the support.''; and
(2) by adding at the end the following new
paragraph:
``(5) Sustainment costs.--If the Secretary
determines that sustainment costs will be incurred as a
result of the provision of defense sensitive support,
the Secretary, not later than 15 days after the initial
provision of such support, shall certify to the
congressional defense committees (and the congressional
intelligence committees with respect to matters
relating to members of the intelligence community) that
such sustainment costs will not interfere with the
ability of the Department to execute operations,
accomplish mission objectives, and maintain
readiness.''.
SEC. 1055. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS
OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE
CIVILIANS OVERSEAS.
(a) Eligibility for Free Mail.--Section 3401(a) of title
39, United States Code, is amended to read as follows:
``(a)(1) First-class letter mail having the character of
personal correspondence shall be carried, at no cost to the
sender, in the manner provided by this section, when mailed by
an eligible individual described in paragraph (2) and addressed
to a place within the delivery limits of a United States post
office, if--
``(A) such letter mail is mailed by the eligible
individual at an Armed Forces post office established
in an overseas area designated by the President, where
the Armed Forces of the United States are deployed for
a contingency operation as determined by the Secretary
of Defense; or
``(B) the eligible individual is hospitalized as a
result of disease or injury incurred as a result of
service in an overseas area designated by the President
under subparagraph (A).
``(2) An eligible individual described in this paragraph
is--
``(A) a member of the Armed Forces of the United
States on active duty, as defined in section 101 of
title 10; or
``(B) a civilian employee of the Department of
Defense or a military department who is providing
support to military operations.''.
(b) Surface Shipment of Mail Authorized.--Section 3401 of
title 39, United States Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), (f), and
(g) as subsections (c), (d), (e), and (f),
respectively; and
(3) by amending subsection (b) to read as follows:
``(b) There shall be transported by surface or air,
consistent with the service purchased by the mailer, between
Armed Forces post offices or from an Armed Forces post office
to a point of entry into the United States, the following
categories of mail matter which are mailed at any such Armed
Forces post office:
``(1) Letter mail communications having the
character of personal correspondence.
``(2) Any parcel exceeding 1 pound in weight but
less than 70 pounds in weight and less than 130 inches
in length and girth combined.
``(3) Publications published not less frequently
than once per week and featuring principally current
news of interest to members of the Armed Forces of the
United States and the general public.''.
(c) Technical and Conforming Amendments.--
(1) Section 3401 of title 39, United States Code,
is amended in the section heading by striking ``and of
friendly foreign nations''.
(2) The table of sections for chapter 34 of title
39, United States Code, is amended by striking the item
relating to section 3401 and inserting the following:
``3401. Mailing privileges of members of Armed Forces of the United
States.''.
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.
Section 406 of title 39, United States Code, is amended by
adding at the end the following:
``(c)(1) The Secretary of Defense may authorize the use of
a post office established under subsection (a) in a location
outside the United States by citizens of the United States--
``(A) who--
``(i) are employed by the North Atlantic
Treaty Organization; and
``(ii) perform functions in support of the
Armed Forces of the United States; and
``(B) if the Secretary makes a written
determination that such use is--
``(i) in the best interests of the
Department of Defense; and
``(ii) otherwise authorized by applicable
host nation law or agreement.
``(2) No funds may be obligated or expended to establish,
maintain, or expand a post office established under subsection
(a) for the purpose of use described in paragraph (1) of this
subsection.''.
SEC. 1057. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE INTELLIGENCE
AND COUNTERINTELLIGENCE ACTIVITIES.
(a) In General.--Subject to subsections (b) and (c), the
Secretary of Defense may expend amounts made available for the
Military Intelligence Program for any of fiscal years 2020
through 2025 for intelligence and counterintelligence
activities for any purpose the Secretary determines to be
proper with regard to intelligence and counterintelligence
objects of a confidential, extraordinary, or emergency nature.
Such a determination is final and conclusive upon the
accounting officers of the United States.
(b) Limitation on Amount.--The Secretary of Defense may not
expend more than five percent of the amounts described in
subsection (a) for any fiscal year for objects described in
that subsection unless--
(1) the Secretary notifies the congressional
defense committees and the congressional intelligence
committees of the intent to expend the amounts and
purpose of the expenditure; and
(2) 30 days have elapsed from the date on which the
Secretary provides the notice described in paragraph
(1).
(c) Certification.--For each expenditure of funds under
this section, the Secretary shall certify that such expenditure
was made for an object of a confidential, extraordinary, or
emergency nature.
(d) Report.--Not later than December 31 of each of 2020
through 2025, the Secretary of Defense shall submit to the
congressional defense committees and the congressional
intelligence committees a report on expenditures made under
this section during the fiscal year preceding the year in which
the report is submitted. Each such report shall include, for
each expenditure under this section during the fiscal year
covered by the report, a description, the purpose, the program
element, and the certification required under section (c).
(e) Limitation on Delegations.--The Secretary of Defense
may not delegate the authority under this section with respect
to any expenditure in excess of $100,000.
(f) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the
Senate; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1058. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF ARMY
WATERCRAFT UNITS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 may be
obligated or expended for the inactivation of any Army
watercraft unit until the Secretary of Defense submits to
Congress certification that--
(1) the Secretary has completed the Army Watercraft
Requirements Review; and
(2) the Secretary has entered into a contract with
a federally funded research and development corporation
for the review of the ability of the Army to meet the
watercraft requirements of the combatant commanders and
the effects on preparedness to provide support to
States and territories in connection with natural
disasters, threats, and emergencies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
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.
Subtitle B--Fair Chance Act
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.
Subtitle C--ATC Hiring Reform
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.
Subtitle A--General Provisions
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY PERSONNEL
MANAGEMENT AUTHORITY.
Section 1599h(b)(1)(B) of title 10, United States Code, is
amended by striking ``100 positions'' and inserting ``140
positions''.
SEC. 1102. REPORT ON THE PROBATIONARY PERIOD FOR DEPARTMENT OF DEFENSE
EMPLOYEES.
(a) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) conduct an independent review on the
probationary periods applicable to Department of
Defense employees under section 1599e of title 10,
United States Code; and
(2) submit a report on such review to the
Committees on Armed Services and Oversight and Reform
of the House of Representatives and the Committees on
Armed Services and Homeland Security and Governmental
Affairs of the Senate.
(b) Contents.--The review and report under subsection (a)
shall cover the period beginning on the date of the enactment
of such section 1599e and ending on December 31, 2018, and
include the following:
(1) An assessment and identification of the
demographics of each Department of Defense employee
who, during such period, was on a probationary period
and who was removed from the civil service, subject to
any disciplinary action (up to and including removal),
or who filed a claim or appeal with the Office of
Special Counsel or the Equal Employment Opportunity
Commission.
(2) A statistical assessment of the distribution
patterns with respect to any removal from the civil
service during such period of, or any disciplinary
action (up to and including a removal) taken during
such period against, any Department employee while the
employee was on a probationary period.
(3) An analysis of the best practices and abuses of
discretion by supervisors and managers of the
Department with respect to probationary periods.
(4) An assessment of the utility of the
probationary period prescribed by such section 1599e on
the successful recruitment, retention, and professional
development of civilian employees of the Department,
including any recommendation for regulatory or
statutory changes the Secretary determines to be
appropriate.
(5) A discussion of the cases where the Department
made a determination to remove a Department employee
during the second year of such employee's probationary
period.
(6) A summary of how the Department has implemented
the authority provided in such section 1599e with
respect to probationary periods, including the number,
and a demographic summary, of each Department employee
removed from the civil service, subject to any
disciplinary action (up to and including removal), or
who filed a claim or appeal with the Office of Special
Counsel or the Equal Employment Opportunity Commission
during the second year of any such employee's
probationary period.
(c) Consultation.--The analysis and recommendations in the
report required under subsection (a) shall be prepared in
consultation with Department of Defense employees and managers,
labor organizations representing such employees, staff of the
Office of Special Counsel and the Equal Employment Opportunity
Commission, and attorneys representing Department employees in
wrongful termination actions.
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking
``each fiscal year'' and inserting ``each
fiscal year primarily''; and
(B) in the second sentence--
(i) by striking ``Any'' and
inserting ``The management of such
personnel in any fiscal year shall not
be subject solely to any''; and
(ii) by striking ``shall be
developed'' and all that follows
through ``changed circumstances''; and
(2) in subsection (c)(2)--
(A) in each of subparagraphs (A) and (B),
by inserting ``and associated cost'' after each
instance of ``projected size''; and
(B) in subparagraph (B), by striking ``that
have been taken'' and all that follows through
the period and inserting ``to reduce the
overall costs of the total force of military,
civilian, and contract workforces.''.
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120
Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4616) and as most recently amended by
section 1115 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
further amended by striking ``2020'' and inserting ``2021''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4615), as most recently amended by
section 1104(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2001), is further amended by striking ``through 2019''
and inserting ``through 2020''.
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Subparagraph (B) of paragraph (1) of subsection (g) of
section 129a of title 10, United States Code, is amended to
read as follows:
``(B) such functions may be performed by
military personnel for a period that does not
exceed one year if the Secretary of the
military department concerned determines that--
``(i) the performance of such
functions by military personnel is
required to address critical staffing
needs resulting from a reduction in
personnel or budgetary resources by
reason of an Act of Congress; and
``(ii) the military department
concerned is in compliance with the
policies, procedures, and analysis
required by this section and section
129 of this title.''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES
BASE.
(a) In General.--Subsection (a) of section 1125 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), as amended by subsection (a) of section 1102 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), is further amended by striking ``through
2021,'' and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is
amended by striking ``fiscal years 2019 and 2021'' and
inserting ``fiscal years 2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR
CERTAIN DEFENSE CLANDESTINE SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Additional Allowances and Benefits for Certain
Employees of the Defense Clandestine Service.--(1) Beginning on
the date on which the Secretary of Defense submits the report
under paragraph (3)(A), in addition to the authority to provide
compensation under subsection (a), the Secretary may provide a
covered employee allowances and benefits under paragraph (1) of
section 9904 of title 5 without regard to the limitations in
that section--
``(A) that the employee be assigned to activities
outside the United States; or
``(B) that the activities to which the employee is
assigned be in support of Department of Defense
activities abroad.
``(2) The Secretary may not provide allowances and benefits
under paragraph (1) to more than 125 covered employees per
year.
``(3)(A) The Secretary shall submit to the appropriate
congressional committees a report containing a strategy
addressing the mission of the Defense Clandestine Service
during the period covered by the most recent future-years
defense program submitted under section 221 of this title,
including--
``(i) how such mission will evolve during such
period;
``(ii) how the authority provided by paragraph (1)
will assist the Secretary in carrying out such mission;
and
``(iii) an implementation plan for carrying out
paragraph (1), including a projection of how much the
amount of the allowances and benefits provided under
such paragraph compare with the amount of the
allowances and benefits provided before the date of the
report.
``(B) Not later than December 31, 2020, and each year
thereafter, the Secretary shall submit to the appropriate
congressional committees a report, with respect to the fiscal
year preceding the date on which the report is submitted--
``(i) identifying the number of covered employees
for whom the Secretary provided allowances and benefits
under paragraph (1); and
``(ii) evaluating the efficacy of such allowances
and benefits in enabling the execution of the
objectives of the Defense Intelligence Agency.
``(C) The reports under subparagraphs (A) and (B) may be
submitted in classified form.
``(4) In this subsection:
``(A) The term `appropriate congressional
committees' means--
``(i) the congressional defense committees;
and
``(ii) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
``(B) The term `covered employee' means an employee
in a defense intelligence position who is assigned to
the Defense Clandestine Service at a location in the
United States that the Secretary determines has living
costs equal to or higher than the District of
Columbia.''.
SEC. 1109. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE.
(a) In General.--Section 9905 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as
follows:
``(2) Any cyber workforce position.''; and
(B) by adding afer paragraph (4) the
following:
``(5) Any scientific, technical, engineering, or
mathematics positions, including technicians, within
the defense acquisition workforce, or any category of
acquisition positions within the Department designated
by the Secretary as a shortage or critical need
category.
``(6) Any scientific, technical, engineering, or
mathematics position, except any such position within
any defense Scientific and Technology Reinvention
Laboratory, for which a qualified candidate is required
to possess a bachelor's degree or an advanced degree,
or for which a veteran candidate is being considered.
``(7) Any category of medical or health
professional positions within the Department designated
by the Secretary as a shortage category or critical
need occupation.
``(8) Any childcare services position for which
there is a critical hiring need and a shortage of
childcare providers.
``(9) Any financial management, accounting,
auditing, actuarial, cost estimation, operational
research, or business or business administration
position for which a qualified candidate is required to
possess a finance, accounting, management or actuarial
science degree or a related degree, or a related degree
of equivalent experience.
``(10) Any position, as determined by the
Secretary, for the purpose of assisting and
facilitating the efforts of the Department in business
transformation and management innovation.''; and
(2) by striking subsection (b) and inserting the
following:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph
(2), effective on September 30, 2025, the authority
provided under subsection (a) shall expire.
``(2) Exception.--Paragraph (1) shall not apply to
the authority provided under subsection (a) to make
appointments to positions described under paragraph (5)
of such subsection.
``(c) Suspension of Other Hiring Authorities.--During the
period beginning on the effective date of the regulations
issued to carry out the hiring authority with respect to
positions described in paragraphs (5) through (10) of
subsection (a) and ending on the date described in subsection
(b)(1), the Secretary of Defense may not exercise or otherwise
use any hiring authority provided under the following
provisions of law:
``(1) Sections 1599c(a)(2) and 1705(h) of title 10.
``(2) Sections 1112 and 1113 of the National
Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1033).
``(3) Sections 1110 and 1643(a)(3) of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2450 and 2602).
``(4) Sections 559 and 1101 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1406 and 1627).''.
(b) Report.--
(1) In general.--Not later than February 1, 2021,
the Secretary of Defense, in coordination with the
Director of the Office of Personnel Management, shall
provide for the conduct of an independent review and
report to the congressional defense committees and the
Committee on Oversight and Reform of the House of
Representatives.
(2) Contents.--The report required under paragraph
(1) shall--
(A) assess and identify steps that could be
taken to improve the competitive hiring process
at the Department and ensure that direct hiring
is conducted in a manner consistent with
ensuring a merit based civil service and a
diverse workforce in the Department and the
rest of the Federal Government; and
(B) consider the feasibility and
desirability of using cohort hiring, or hiring
``talent pools'', instead of conducting all
hiring on a position-by-position basis.
(3) Consultation.--The analysis and recommendations
in the report required under paragraph (1) shall be
prepared in consultation with all stakeholders, public
sector unions, hiring managers, career agency, and
Office of Personnel Management personnel specialists,
and after a survey of public sector employees and job
applicants.
SEC. 1110. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES PROVIDED BY
FEDERAL EMPLOYEES AS EXCEPTED SERVICES UNDER THE
ANTI-DEFICIENCY ACT.
(a) FEHBP.--Section 8905 of title 5, United States Code, is
amended by adding at the end the following:
``(i) Any services by an officer or employee under this
chapter relating to enrolling individuals in a health benefits
plan under this chapter, or changing the enrollment of an
individual already so enrolled, shall be deemed, for purposes
of section 1342 of title 31, services for emergencies involving
the safety of human life or the protection of property.''.
(b) FEGLI.--Section 8702 of title 5, United States Code, is
amended by adding at the end the following:
``(d) Any services by an officer or employee under this
chapter relating to benefits under this chapter shall be
deemed, for purposes of section 1342 of title 31, services for
emergencies involving the safety of human life or the
protection of property.''.
(c) Regulations.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Office of
Personnel Management shall prescribe regulations to
carry out the amendments made by subsections (a) and
(b).
(2) Pay status for furloughed employees.--The
regulations prescribed under paragraph (1) for the
amendments made by subsection (a) shall provide that an
employee furloughed as result of a lapse in
appropriations shall, during such lapse, be deemed to
be in a pay status for purposes of enrolling or
changing the enrollment (as the case may be) of that
employee under chapter 89 of title 5, United States
Code.
(d) Application.--The amendments made by subsection (a) and
(b) shall apply to any lapse in appropriations beginning on or
after the date of enactment of this Act.
SEC. 1111. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS AND LONG-
TERM CARE INSURANCE COVERAGE DURING A GOVERNMENT
SHUTDOWN.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8956, by adding at the end the
following:
``(d) Coverage under a dental benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.'';
(2) in section 8986, by adding at the end the
following:
``(d) Coverage under a vision benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''; and
(3) in section 9003, by adding at the end the
following:
``(e) Effect of Government Shutdown.--Coverage under a
master contract under this chapter for long-term care insurance
for an employee or member of the uniformed services enrolled
under such contract and who, due to a lapse in appropriations,
is furloughed or excepted from furlough and working without pay
shall continue during such lapse and may not be cancelled as a
result of nonpayment of premiums or other periodic charges due
to such lapse.''.
(b) Regulations.--
(1) In general.--Consistent with paragraph (2), the
Director of the Office of Personnel Management shall
prescribe regulations under which premiums for
supplemental dental, supplemental vision, or long-term
care insurance under chapter 89A, 89B, or 90
(respectively) of title 5, United States Code, (as
amended by subsection (a)) that are unpaid by an
employee, a covered TRICARE-eligible individual, or a
member of the uniformed services (as the case may be),
as a result of that employee, covered TRICARE-eligible
individual, or member being furloughed or excepted from
furlough and working without pay as a result of a lapse
in appropriations, are paid to the applicable carrier
from back pay made available to the employee or member
as soon as practicable upon the end of such lapse.
(2) Long-term care premiums from source other than
backpay.--The regulations promulgated under paragraph
(1) for the amendments made by subsection (a)(3) may
provide, with respect to any individual who elected
under section 9004(d) of title 5, United States Code,
to pay premiums directly to the carrier, that such
individual may continue to pay premiums pursuant to
such election instead of from back pay made available
to such individual.
(c) Application.--The amendments made by subsection (a)
shall apply to any contract for supplemental dental,
supplemental vision, or long-term care insurance under chapter
89A, 89B, or 90 (respectively) of title 5, United States Code,
entered into before, on, or after the date of enactment of this
Act.
SEC. 1112. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL MANAGEMENT.
(a) In General.--No person may assign, transfer,
transition, merge, or consolidate any function, responsibility,
authority, service, system, or program that is assigned in law
to the Office of Personnel Management to or with the General
Services Administration, the Office of Management and Budget,
or the Executive Office of the President, until on or after the
date that is 180 days after the date on which the report
required by subsection (c) is submitted to the appropriate
committees of Congress, and subject to the enactment of any
legislation required.
(b) Independent Study and Report.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Director of the
Office of Personnel Management (in this section
referred to as the ``Director'') shall contract with
the National Academy of Public Administration (in this
section referred to as the ``Academy'') to conduct a
study addressing each of the elements set forth in
paragraph (3) and to report the findings and
recommendations derived from such study.
(2) Deadline.--Not later than one year after the
date the contract required by paragraph (1) is entered
into, the Academy shall submit the report prepared
under such contract to the Director and the appropriate
committees of Congress.
(3) Requirements.--The study and report required by
paragraph (1) and (2) shall include a comprehensive
assessment and analysis of--
(A) the statutory mandates assigned to the
Office of Personnel Management and the
challenges associated with the Office's
execution of those mandates;
(B) the non-statutory functions,
responsibilities, authorities, services,
systems, and programs performed or executed by
the Office of Personnel Management; the
Office's justification for carrying out such
functions, responsibilities, authorities,
services, systems, and programs; and the
challenges associated with the Office's
execution of same;
(C) the means, options, and recommended
courses of action for addressing the challenges
identified pursuant to subparagraphs (A) and
(B), including an analysis of the benefits,
costs, and feasibility of each option and the
effect of each on labor-management agreements;
(D) a timetable for the implementation of
options and recommended courses of action
identified pursuant to subparagraph (C);
(E) statutory or regulatory changes
necessary to execute any course of action
recommended;
(F) the methods for involving, engaging
with, and receiving input from other Federal
agencies, departments, and entities potentially
affected by any change in the structure,
functions, responsibilities, authorities of the
Office of Personnel Management that may be
recommended;
(G) the views of identified stakeholders,
including other Federal agencies, departments,
and entities; non-Federal entities or
organizations representing customers or
intended beneficiaries of Office of Personnel
Management functions, services, systems, or
programs; and such individual customers and
intended beneficiaries; and
(H) such other matters as the Director may
prescribe.
(c) OPM Report.--
(1) In general.--Not later than 180 days after the
date on which the report is submitted pursuant to
subsection (b)(2) to the Director and the appropriate
committees of Congress, the Director, in consultation
with the General Services Administration, the Office of
Management and Budget, and other appropriate Federal
agencies, departments, or entities, shall submit to the
appropriate committees of Congress a report on the
views of the Office of Personnel Management on the
findings and recommendations set forth in the report
prepared under subsection (b), together with any
recommendations for changes in the structure,
functions, responsibilities, and authorities of the
Office of Personnel Management.
(2) Business case analysis.--Any recommendation
submitted in the report under paragraph (1) for change
shall be accompanied by a business case analysis
setting forth the operational efficiencies and cost
savings (in both the short- and long-terms) associated
with such change, and a proposal for legislative or
administrative action required to effect the change
proposed.
(d) Definition of Appropriate Committees of Congress.--For
purposes of this section, the term ``appropriate committees of
Congress'' are the Committees on Appropriations and Homeland
Security and Governmental Affairs of the Senate and the
Committees on Appropriations and Oversight and Reform of the
House of Representatives.
SEC. 1113. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Navy shall
conduct an assessment of the impacts resulting from the Navy's
suspension in 2016 of the Accelerated Promotion Program (in
this section referred to as the ``APP'').
(b) Elements.--The assessment required under subsection (a)
shall include the following elements:
(1) An identification of the number of employees
who were hired at the four public shipyards between
January 23, 2016, and December 22, 2016, covering the
period in which APP was suspended, and who would have
otherwise been eligible for APP had the program been in
effect at the time they were hired.
(2) An assessment for employees identified in
paragraph (1) to determine the difference between wages
earned from the date of hire to the date on which wage
data is collected for purposes of the assessment and
the wages which would have been earned during this same
period had that employee participated in APP from the
date of hire and been promoted according to the average
promotion timeframe for participants hired in the five-
year period prior to the suspension.
(3) An assessment for each employee identified in
paragraph (1) to determine at what grade and step each
effected employee who would have met the required
experience and training to qualify for an accelerated
promotion would be on October 1, 2020, had that
employee been promoted according to the average
promotion timeframe for participants hired in the five-
year period prior to the suspension.
(4) An evaluation of existing authorities available
to the Secretary to determine whether the Secretary can
take measures using those authorities to provide the
pay difference and corresponding interest to each
effected employee who has otherwise met the required
experience and training to qualify for an accelerated
promotion identified in paragraph (2) and directly
promote the employee to the grade and step identified
in paragraph (3).
(c) Report.--The Secretary shall submit to the
congressional defense committees a report on the results of the
assessment required under subsection (a) by not later than June
1, 2020, and shall provide interim briefings upon request.
SEC. 1114. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME TAXES
INCURRED DURING TRAVEL, TRANSPORTATION, AND
RELOCATION.
(a) In General.--Section 5724b of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``of
employees transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking
``employee, or by an employee and such
employee's spouse (if filing jointly), for any
moving or storage'' and inserting ``individual,
or by an individual and such individual's
spouse (if filing jointly), for any travel,
transportation, or relocation''; and
(B) in the second sentence, by striking
``employee'' and inserting ``individual, or the
individual''; and
(3) by striking subsection (b) and inserting the
following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or furnished
in kind pursuant to this subchapter of chapter 41.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5724b and
inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses''.
(c) Retroactive Effective Date.--The amendments made by
this section shall take effect on January 1, 2018.
SEC. 1115. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING AUTHORITY
FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is
amended to read as follows:
``(1) In general.--Except as provided in paragraph
(2), the total number of students that the head of an
agency may appoint under this section during a fiscal
year may not exceed the number equal to 15 percent of
the number of students that the agency head appointed
during the previous fiscal year to a position at the
GS-11 level, or an equivalent level, or below.''.
SEC. 1116. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF
DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION.
Section 1599g(e)(2)(A) of title 10, United States Code, is
amended by inserting ``permanent'' after ``without the''.
SEC. 1117. EXTENSION OF AUTHORITY FOR PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344(l)(7) of
title 5, United States Code, is amended by striking ``December
31, 2019'' and inserting ``December 31, 2024''.
(b) Federal Employees Retirement System.--Section
8468(i)(7) of title 5, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2024''.
Subtitle B--Fair Chance Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete
for Jobs Act of 2019'' or the ``Fair Chance Act''.
SEC. 1122. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as
such term is defined in section 105 and includes--
``(A) the United States Postal Service and
the Postal Regulatory Commission; and
``(B) the Executive Office of the
President;
``(2) the term `appointing authority' means an
employee in the executive branch of the Government of
the United States that has authority to make
appointments to positions in the civil service;
``(3) the term `conditional offer' means an offer
of employment in a position in the civil service that
is conditioned upon the results of a criminal history
inquiry;
``(4) the term `criminal history record
information'--
``(A) except as provided in subparagraphs
(B) and (C), has the meaning given the term in
section 9101(a);
``(B) includes any information described in
the first sentence of section 9101(a)(2) that
has been sealed or expunged pursuant to law;
and
``(C) includes information collected by a
criminal justice agency, relating to an act or
alleged act of juvenile delinquency, that is
analogous to criminal history record
information (including such information that
has been sealed or expunged pursuant to law);
and
``(5) the term `suspension' has the meaning given
the term in section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as
provided in subsections (b) and (c), an employee of an agency
may not request, in oral or written form (including through the
Declaration for Federal Employment (Office of Personnel
Management Optional Form 306) or any similar successor form,
the USAJOBS internet website, or any other electronic means)
that an applicant for an appointment to a position in the civil
service disclose criminal history record information regarding
the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under
subsection (a) shall not apply with respect to an applicant for
a position in the civil service if consideration of criminal
history record information prior to a conditional offer with
respect to the position is otherwise required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection
(a) shall not apply with respect to an applicant for an
appointment to a position--
``(A) that requires a determination of
eligibility described in clause (i), (ii), or
(iii) of section 9101(b)(1)(A);
``(B) as a Federal law enforcement officer
(as defined in section 115(c) of title 18); or
``(C) identified by the Director of the
Office of Personnel Management in the
regulations issued under paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office
of Personnel Management shall issue regulations
identifying additional positions with respect
to which the prohibition under subsection (a)
shall not apply, giving due consideration to
positions that involve interaction with minors,
access to sensitive information, or managing
financial transactions.
``(B) Compliance with civil rights laws.--
The regulations issued under subparagraph (A)
shall--
``(i) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(ii) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management
shall--
``(1) develop, implement, and publish a policy to
assist employees of agencies in complying with section
9202 and the regulations issued pursuant to such
section; and
``(2) establish and publish procedures under which
an applicant for an appointment to a position in the
civil service may submit a complaint, or any other
information, relating to compliance by an employee of
an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of
Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee of an
agency has violated section 9202, the Director shall--
``(1) issue to the employee a written warning that
includes a description of the violation and the
additional penalties that may apply for subsequent
violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office
of Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee that
was subject to subsection (a) has committed a subsequent
violation of section 9202, the Director may take the following
action:
``(1) For a second violation, suspension of the
employee for a period of not more than 7 days.
``(2) For a third violation, suspension of the
employee for a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a
period of more than 7 days; and
``(B) a civil penalty against the employee
in an amount that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a
period of more than 7 days; and
``(B) a civil penalty against the employee
in an amount that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a
period of more than 7 days; and
``(B) a civil penalty against the employee
in an amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel
Management shall by rule establish procedures providing for an
appeal from any adverse action taken under section 9204 by not
later than 30 days after the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken
under section 9204 (including a determination in an appeal from
such an action under subsection (a) of this section) shall not
be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this
section, appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an
agency to request the disclosure of information
described under subparagraphs (B) and (C) of section
9201(4); or
``(2) create a private right of action for any
person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the
date of enactment of this subtitle, the Director of the
Office of Personnel Management shall issue such
regulations as are necessary to carry out chapter 92 of
title 5, United States Code (as added by this
subtitle).
(2) Effective date.--Section 9202 of title 5,
United States Code (as added by this subtitle), shall
take effect on the date that is 2 years after the date
of enactment of this subtitle.
(c) Technical and Conforming Amendment.--The table of
chapters for part III of title 5, United States Code, is
amended by inserting after the item relating to chapter 91 the
following:
``92. Prohibition on criminal history inquiries prior to
conditional offer..................................9201''.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability
Act of 1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)),
by adding at the end the following:
``(12) Section 9202 of title 5, United States
Code.'';
(B) by redesignating section 207 (2 U.S.C.
1317) as section 208; and
(C) by inserting after section 206 (2
U.S.C. 1316) the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency',
`criminal history record information', and `suspension' have
the meanings given the terms in section 9201 of title 5, United
States Code, except as otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in
subparagraph (B), an employee of an employing
office may not request that an applicant for
employment as a covered employee disclose
criminal history record information if the
request would be prohibited under section 9202
of title 5, United States Code, if made by an
employee of an agency.
``(B) Conditional offer.--For purposes of
applying that section 9202 under subparagraph
(A), a reference in that section 9202 to a
conditional offer shall be considered to be an
offer of employment as a covered employee that
is conditioned upon the results of a criminal
history inquiry.
``(2) Rules of construction.--The provisions of
section 9206 of title 5, United States Code, shall
apply to employing offices, consistent with regulations
issued under subsection (d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of
subsection (b)(1) shall be such remedy as would be
appropriate if awarded under section 9204 of title 5,
United States Code, if the violation had been committed
by an employee of an agency, consistent with
regulations issued under subsection (d), except that
the reference in that section to a suspension shall be
considered to be a suspension with the level of
compensation provided for a covered employee who is
taking unpaid leave under section 202.
``(2) Process for obtaining relief.--An applicant
for employment as a covered employee who alleges a
violation of subsection (b)(1) may rely on the
provisions of title IV (other than section 407 or 408,
or a provision of this title that permits a person to
obtain a civil action or judicial review), consistent
with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after
the date of enactment of the Fair Chance to Compete for
Jobs Act of 2019, the Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Parallel with agency regulations.--The
regulations issued under paragraph (1) shall be the
same as substantive regulations issued by the Director
of the Office of Personnel Management under section
2(b)(1) of the Fair Chance to Compete for Jobs Act of
2019 to implement the statutory provisions referred to
in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and
stated together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights and
protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections
(a) through (c) shall take effect on the date on which section
9202 of title 5, United States Code, applies with respect to
agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b)
of the Congressional Accountability Act of 1995
(Public Law 104-1; 109 Stat. 3) is amended--
(i) by redesignating the item
relating to section 207 as the item
relating to section 208; and
(ii) by inserting after the item
relating to section 206 the following
new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal
Revenue Code of 1986 is amended by striking
``or 207'' and inserting ``207, or 208''.
(e) Application to Judicial Branch.--Section 604 of title
28, United States Code, is amended by adding at the end the
following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal
history record information' have the meanings
given those terms in section 9201 of title 5;
``(B) the term `covered employee' means an
employee of the judicial branch of the United
States Government, other than--
``(i) any judge or justice who is
entitled to hold office during good
behavior;
``(ii) a United States magistrate
judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any
office or entity of the judicial branch of the
United States Government that employs covered
employees.
``(2) Restriction.--A covered employee may not
request that an applicant for employment as a covered
employee disclose criminal history record information
if the request would be prohibited under section 9202
of title 5 if made by an employee of an agency.
``(3) Employing office policies; complaint
procedure.--The provisions of sections 9203 and 9206 of
title 5 shall apply to employing offices and to
applicants for employment as covered employees,
consistent with regulations issued by the Director to
implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may
take such adverse action with respect to a
covered employee who violates paragraph (2) as
would be appropriate under section 9204 of
title 5 if the violation had been committed by
an employee of an agency.
``(B) Appeals.--The Director shall by rule
establish procedures providing for an appeal
from any adverse action taken under
subparagraph (A) by not later than 30 days
after the date of the action.
``(C) Applicability of other laws.--Except
as provided in subparagraph (B), an adverse
action taken under subparagraph (A) (including
a determination in an appeal from such an
action under subparagraph (B)) shall not be
subject to appeal or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the Director
shall issue regulations to implement this
subsection.
``(B) Parallel with agency regulations.--
The regulations issued under subparagraph (A)
shall be the same as substantive regulations
promulgated by the Director of the Office of
Personnel Management under section 2(b)(1) of
the Fair Chance to Compete for Jobs Act of 2019
except to the extent that the Director of the
Administrative Office of the United States
Courts may determine, for good cause shown and
stated together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this subsection.
``(6) Effective date.--Paragraphs (1) through (4)
shall take effect on the date on which section 9202 of
title 5 applies with respect to agencies.''.
SEC. 1123. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United
States Code, is amended by adding at the end the
following new section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs
(2) and (3), an executive agency--
``(A) may not require that an individual or
sole proprietor who submits a bid for a
contract to disclose criminal history record
information regarding that individual or sole
proprietor before determining the apparent
awardee; and
``(B) shall require, as a condition of
receiving a Federal contract and receiving
payments under such contract that the
contractor may not verbally, or through written
form, request the disclosure of criminal
history record information regarding an
applicant for a position related to work under
such contract before the contractor extends a
conditional offer to the applicant.
``(2) Otherwise required by law.--The prohibition
under paragraph (1) does not apply with respect to a
contract if consideration of criminal history record
information prior to a conditional offer with respect
to the position is otherwise required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under
paragraph (1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to
access classified information or to
have sensitive law enforcement or
national security duties; or
``(ii) a position that the
Administrator of General Services
identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16
months after the date of enactment of
the Fair Chance to Compete for Jobs Act
of 2019, the Administrator of General
Services, in consultation with the
Secretary of Defense, shall issue
regulations identifying additional
positions with respect to which the
prohibition under paragraph (1) shall
not apply, giving due consideration to
positions that involve interaction with
minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights
laws.--The regulations issued under
clause (i) shall--
``(I) be consistent with,
and in no way supersede,
restrict, or limit the
application of title VII of the
Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) or other
relevant Federal civil rights
laws; and
``(II) ensure that all
hiring activities conducted
pursuant to the regulations are
conducted in a manner
consistent with relevant
Federal civil rights laws.
``(b) Complaint Procedures.--The Administrator of General
Services shall establish and publish procedures under which an
applicant for a position with a Federal contractor may submit
to the Administrator a complaint, or any other information,
relating to compliance by the contractor with subsection
(a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal
History Inquiries.--
``(1) First violation.--If the head of an executive
agency determines that a contractor has violated
subsection (a)(1)(B), such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such
notification for the contractor to appeal the
determination; and
``(C) issue a written warning to the
contractor that includes a description of the
violation and the additional remedies that may
apply for subsequent violations.
``(2) Subsequent violation.--If the head of an
executive agency determines that a contractor that was
subject to paragraph (1) has committed a subsequent
violation of subsection (a)(1)(B), such head shall
notify the contractor, shall provide 30 days after such
notification for the contractor to appeal the
determination, and, in consultation with the relevant
Federal agencies, may take actions, depending on the
severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the
contractor that the contractor's eligibility
for contracts requires compliance with this
section;
``(B) requiring that the contractor respond
within 30 days affirming that the contractor is
taking steps to comply with this section; and
``(C) suspending payment under the contract
for which the applicant was being considered
until the contractor demonstrates compliance
with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional
offer' means an offer of employment for a position
related to work under a contract that is conditioned
upon the results of a criminal history inquiry.
``(2) Criminal history record information.--The
term `criminal history record information' has the
meaning given that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for
chapter 47 of title 41, United States Code, is amended
by adding at the end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41,
United States Code, as added by paragraph (1), shall
apply with respect to contracts awarded pursuant to
solicitations issued after the effective date described
in section 1122(b)(2) of this subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United
States Code, is amended by inserting after section 2338
the following new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs
(2) and (3), the head of an agency--
``(A) may not require that an individual or
sole proprietor who submits a bid for a
contract to disclose criminal history record
information regarding that individual or sole
proprietor before determining the apparent
awardee; and
``(B) shall require as a condition of
receiving a Federal contract and receiving
payments under such contract that the
contractor may not verbally or through written
form request the disclosure of criminal history
record information regarding an applicant for a
position related to work under such contract
before such contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition
under paragraph (1) does not apply with respect to a
contract if consideration of criminal history record
information prior to a conditional offer with respect
to the position is otherwise required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under
paragraph (1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to
access classified information or to
have sensitive law enforcement or
national security duties; or
``(ii) a position that the
Secretary of Defense identifies under
the regulations issued under
subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16
months after the date of enactment of
the Fair Chance to Compete for Jobs Act
of 2019, the Secretary of Defense, in
consultation with the Administrator of
General Services, shall issue
regulations identifying additional
positions with respect to which the
prohibition under paragraph (1) shall
not apply, giving due consideration to
positions that involve interaction with
minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights
laws.--The regulations issued under
clause (i) shall--
``(I) be consistent with,
and in no way supersede,
restrict, or limit the
application of title VII of the
Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) or other
relevant Federal civil rights
laws; and
``(II) ensure that all
hiring activities conducted
pursuant to the regulations are
conducted in a manner
consistent with relevant
Federal civil rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by
the contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal
History Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection
(a)(1)(B), the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such
notification for the contractor to appeal the
determination; and
``(C) issue a written warning to the
contractor that includes a description of the
violation and the additional remedies that may
apply for subsequent violations.
``(2) Subsequent violations.--If the Secretary of
Defense determines that a contractor that was subject
to paragraph (1) has committed a subsequent violation
of subsection (a)(1)(B), the Secretary shall notify the
contractor, shall provide 30 days after such
notification for the contractor to appeal the
determination, and, in consultation with the relevant
Federal agencies, may take actions, depending on the
severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the
contractor that the contractor's eligibility
for contracts requires compliance with this
section;
``(B) requiring that the contractor respond
within 30 days affirming that the contractor is
taking steps to comply with this section; and
``(C) suspending payment under the contract
for which the applicant was being considered
until the contractor demonstrates compliance
with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional
offer' means an offer of employment for a position
related to work under a contract that is conditioned
upon the results of a criminal history inquiry.
``(2) Criminal history record information.--The
term `criminal history record information' has the
meaning given that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10,
United States Code, as added by paragraph (1), shall
apply with respect to contracts awarded pursuant to
solicitations issued after the effective date described
in section 1122(b)(2) of this subtitle.
(3) Clerical amendment.--The table of sections for
chapter 137 of title 10, United States Code, is amended
by inserting after the item relating to section 2338
the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the
date of enactment of this subtitle, the Federal
Acquisition Regulatory Council shall revise the Federal
Acquisition Regulation to implement section 4714 of
title 41, United States Code, and section 2339 of title
10, United States Code, as added by this section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation
under paragraph (1) to be consistent with the
regulations issued by the Director of the Office of
Personnel Management under section 1122(b)(1) to the
maximum extent practicable. The Council shall include
together with such revision an explanation of any
substantive modification of the Office of Personnel
Management regulations, including an explanation of how
such modification will more effectively implement the
rights and protections under this section.
SEC. 1124. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered
individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be
removed from the United States for a violation of the
immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C.
1101)).
(b) Study and Report Required.--The Director of the Bureau
of Justice Statistics, in coordination with the Director of the
Bureau of the Census, shall--
(1) not later than 180 days after the date of
enactment of this subtitle, design and initiate a study
on the employment of covered individuals after their
release from Federal prison, including by collecting--
(A) demographic data on covered
individuals, including race, age, and sex; and
(B) data on employment and earnings of
covered individuals who are denied employment,
including the reasons for the denials; and
(2) not later than 2 years after the date of
enactment of this subtitle, and every 5 years
thereafter, submit a report that does not include any
personally identifiable information on the study
conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(C) the Committee on Oversight and Reform
of the House of Representatives; and
(D) the Committee on Education and Labor of
the House of Representatives.
Subtitle C--ATC Hiring Reform
SEC. 1131. SHORT TITLE; DEFINITION.
(a) Short Title.--This subtitle may be cited as the ``ATC
Hiring Reform Act''.
(b) Definition of Appropriate Committees of Congress.--In
this subtitle, the term ``appropriate committees of Congress''
means--
(1) the Committee on Oversight and Reform of the
House of Representatives;
(2) the Committee on Transportation and
Infrastructure of the House of Representatives;
(3) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(4) the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 1132. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS.
Section 44506(f)(1)(B)(i) of title 49, United States Code,
is amended by striking ``referring'' and all that follows
through ``10 percent.'' and inserting ``giving further
preferential consideration, within each qualification category
based upon pre-employment testing results (including
application of veterans' preference as required under section
40122(g)(2)(B)), to pool 1 applicants described in clause (ii)
before pool 2 applicants described in clause (iii).''.
SEC. 1133. ENSURING HIRING PREFERENCE FOR APPLICANTS WITH EXPERIENCE AT
AN AIR TRAFFIC CONTROL FACILITY OF THE NATIONAL
GUARD.
Section 44506(f)(1)(A)(ii) of title 49, United States Code,
is amended by inserting ``(including a facility of the National
Guard)'' after ``Department of Defense''.
SEC. 1134. FAA REPORTS ON AIR TRAFFIC CONTROLLER HIRING AND TRAINING.
(a) Reports to Congress.--Not later than September 30 of
2020, 2021, 2022, and 2023, the Administrator of the Federal
Aviation Administration shall submit to the appropriate
committees of Congress a report regarding the hiring and
training of air traffic controllers.
(b) Contents.--Each report under subsection (a) shall
include the following information:
(1) The number of applicants, from each hiring pool
(by vacancy announcement beginning with vacancy
announcement FAA-ATO-19-ALLSRCE-61676 (issued on June
14, 2019)) who have done the following:
(A) Applied for the position of air traffic
controller.
(B) Been issued a tentative offer letter
for the position of air traffic controller.
(C) Been issued a firm offer letter for the
position of air traffic controller.
(D) Been hired for the position of air
traffic controller.
(E) Reported to the FAA Academy for initial
qualification training.
(F) Successfully passed Air Traffic Basics
training at the FAA Academy.
(G) Successfully passed Terminal initial
training at the FAA Academy.
(H) Successfully passed En Route initial
training at the FAA Academy.
(2) The average cost of training per individual for
each such hiring pool for the following:
(A) Air Traffic Basics training at the FAA
Academy.
(B) Terminal initial training at the FAA
Academy.
(C) En Route initial training at the FAA
Academy.
(3) The FAA Academy attrition rate for each such
hiring pool.
(4) The number of applicants, from each such hiring
pool, who have successfully completed qualification
training at their first FAA facility and the number who
are still in training at their first facility.
(5) Other information determined appropriate by the
Administrator of the Federal Aviation Administration.
SEC. 1135. DOT INSPECTOR GENERAL REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Inspector General of the
Department of Transportation (in this section referred
to as the ``Inspector General'') shall conduct a review
that assesses the assumptions and methodologies used to
develop the air traffic controller pre-employment test.
Such review shall include--
(A) what job-relevant aptitudes are
measured by the air traffic controller pre-
employment test and to what extent such
aptitudes are tested;
(B) the scoring methodology for the air
traffic controller pre-employment test,
including an assessment of whether such
methodology is applied uniformly for all
classes of applicants;
(C) whether the air traffic controller pre-
employment test incorporates any biographical
questionnaire or assessment other than basic
identifiers, such as name and questions that
assess personal characteristics, and the extent
to which such biographical assumptions are
relied upon to assess air traffic controller
applicants;
(D) the effectiveness of the pre-employment
test, mental health screening, and any other
applicable pre-employment assessment to
determine whether an applicant possesses the
skills necessary to perform the duties of a
controller; and
(E) ways to improve the pre-employment test
and other applicable pre-employment assessments
as the Inspector General determines
appropriate.
(2) Start date.--The Inspector General shall
initiate the review under paragraph (1) by not later
than 90 days after the date of enactment of this Act.
(b) Report.--Not later than 180 days after the date the
Inspector General initiates the review under subsection (a),
the Inspector General shall submit to the appropriate
committees of Congress a report on such review.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
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.
Subtitle B--Matters Relating to Afghanistan and Pakistan
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.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
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.
Subtitle D--Matters Relating to the Russian Federation
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.
Subtitle E--Matters Relating to Europe and NATO
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.
Subtitle F--Matters Relating to the Indo-Pacific Region
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.
Subtitle G--Other Matters
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.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOREIGN
SECURITY FORCES.
(a) Authority.--Subsection (a)(7) of section 333 of title
10, United States Code, is amended by inserting ``existing''
before ``international coalition operation''.
(b) Notice and Wait on Activities Under Programs.--
Subsection (e) of such section is amended by adding at the end
the following:
``(9) In the case of a program described in
subsection (a), each of the following:
``(A) A description of whether assistance
under the program could be provided pursuant to
other authorities under this title, the Foreign
Assistance Act of 1961, or any other train and
equip authorities of the Department of Defense.
``(B) An identification of each such
authority described in subparagraph (A).''.
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING AGREEMENTS FOR
LOAN OF PERSONNEL PROTECTION AND PERSONNEL
SURVIVABILITY EQUIPMENT IN COALITION OPERATIONS.
Section 1207 of the Carl Levin and Howard P. ``Buck''
Mckeon National Defense Authorization Act for Fiscal Year 2015
(10 U.S.C. 2342 note) is amended--
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;
(2) by inserting after subsection (c) the
following:
``(d) Reports to Congress.--If the authority provided under
this section is exercised during a fiscal year, the Secretary
of Defense shall, with the concurrence of the Secretary of
State, submit to the appropriate committees of Congress a
report on the exercise of such authority by not later than
October 30 of the year in which such fiscal year ends. Each
report on the exercise of such authority shall specify the
recipient country of the equipment loaned, the type of
equipment loaned, and the duration of the loan of such
equipment.''; and
(3) in subsection (f), as redesignated, by striking
``September 30, 2019'' and inserting ``December 31,
2024''.
SEC. 1203. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND
CROSS-SERVICING AGREEMENTS.
(a) Designation and Notice of Intent to Enter Into
Agreement With Non-NATO Country.--Subsection (b) of section
2342 of title 10, United States Code, is amended to read as
follows:
``(b)(1) The Secretary of Defense may not designate a
country for an agreement under this section unless--
``(A) the Secretary, after consultation with the
Secretary of State, determines that the designation of
such country for such purpose is in the interest of the
national security of the United States; and
``(B) in the case of a country that is not a member
of the North Atlantic Treaty Organization, the
Secretary submits to the appropriate committees of
Congress notice of the intended designation not less
than 30 days before the date on which such country is
designated by the Secretary under subsection (a).
``(2) In the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary of Defense
may not enter into an agreement under this section unless the
Secretary submits to the appropriate committees of Congress a
notice of intent to enter into such an agreement not less than
30 days before the date on which the Secretary enters into the
agreement.''.
(b) Oversight Responsibilities.--Such section is further
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following
new subsection (f):
``(f) Not later than 30 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020, the Secretary of Defense shall designate an existing
senior civilian or military official who shall have primary
responsibility for--
``(1) accounting for logistic support, supplies,
and services received or provided under acquisition and
cross-servicing agreements;
``(2) ensuring consistent standards and guidance to
the armed forces and combatant commands in executing
acquisition and cross-servicing agreements;
``(3) overseeing and monitoring the implementation
of acquisition and cross-servicing agreements in
coordination with the Under Secretary of Defense for
Policy; and
``(4) such other responsibilities as may be
prescribed by the Secretary.''.
(c) Regulations.--Subsection (g) of such section, as
redesignated by subsection (b)(1), is amended to read as
follows:
``(g)(1) Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020, the Secretary of Defense shall prescribe regulations
to ensure that--
``(A) contracts entered into under this subchapter
are free from self-dealing, bribery, and conflict of
interests;
``(B) adequate processes and controls are in place
to provide for the accurate accounting of logistic
support, supplies, and services received or provided
under the authority of this subchapter; and
``(C) personnel responsible for accounting for
logistic support, supplies, and services received or
provided under such authority are fully trained and
aware of such responsibilities.
``(2)(A) Not later than 270 days after the issuance
of the regulations under paragraph (1), the Comptroller
General of the United States shall conduct a review of
the implementation by the Secretary of such
regulations.
``(B) The review conducted under subparagraph (A)
shall--
``(i) assess the effectiveness of such
regulations and the implementation of such
regulations to ensure the effective management
and oversight of an agreement under subsection
(a)(1); and
``(ii) include any other matter the
Comptroller General considers relevant.''.
(d) Reports.--Subsection (h) of such section, as
redesignated by subsection (b)(1), is amended--
(1) in paragraph (1), by striking ``in effect'' and
inserting ``that have entered into force or were
applied provisionally'';
(2) in paragraph (2), by striking ``date on which
the Secretary'' and all that follows through the period
at the end and inserting ``dates on which the Secretary
notified Congress--
``(A) pursuant to subsection (b)(1)(B) of
the designation of such country under
subsection (a); and
``(B) pursuant to subsection (b)(2) of the
intent of the Secretary to enter into the
agreement.'';
(3) by amending paragraph (3) to read as follows:
``(3) The class of supply, total dollar amount, the
amount collected, and the outstanding balance of
logistic support, supplies, and services provided
during the preceding fiscal year under each such
agreement.'';
(4) by amending paragraph (4) to read as follows:
``(4) The class of supply, total dollar amount, the
amount collected, and the outstanding balance of
logistic support, supplies, and services received
during the preceding fiscal year under each such
agreement.'';
(5) by striking paragraph (5); and
(6) by adding at the end the following new
paragraphs:
``(5) With respect to any transaction for logistic
support, supplies, and services that has not been
reconciled more than one year after the date on which
the transaction occurred, a description of the
transaction that includes the following:
``(A) The date on which the transaction
occurred.
``(B) The country or organization to which
logistic support, supplies, and services were
provided.
``(C) The value of the transaction.
``(6) An explanation of any waiver granted under
section 2347(c) during the preceding fiscal year,
including an identification of the relevant contingency
operation or non-combat operation.''.
SEC. 1204. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY COOPERATION
PROGRAMS AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended
by striking ``30 days'' and inserting ``60 days''.
SEC. 1205. GENDER PERSPECTIVES AND PARTICIPATION BY WOMEN IN SECURITY
COOPERATION ACTIVITIES.
Consistent with the Women, Peace, and Security Act of 2017
(Public Law 115-68), the Secretary of Defense, in coordination
with the Secretary of State, should seek to incorporate gender
perspectives and participation by women in security cooperation
activities to the maximum extent practicable.
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.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and
Secretary of State shall jointly develop, implement, and submit
to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a plan to provide
consistency in administration of section 362 of title 10,
United States Code, and section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d).
(b) Matters to Be Included.--The plan required by
subsection (a) shall contain the following:
(1) Common standards and procedures which shall be
used by the Department of Defense and Department of
State to obtain and verify information regarding the
vetting of units of the security forces of foreign
countries for gross violation of human rights under the
authorities described in subsection (a), including--
(A) public guidelines for external sources
to report information; and
(B) methods and criteria employed by the
Department of Defense and Department of State
to determine whether sources, source reporting,
and allegations are credible.
(2) Measures to ensure the Department of Defense
has read-only access to the International Vetting and
Security Tracking (INVEST) system, and any successor or
equivalent system.
(3) Measures to ensure the authorities described in
subsection (a) are applied to any foreign forces,
irregular forces, groups, and individuals that receive
training, equipment, or other assistance from the
United States military.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Integration of Human Rights and Civilian Protection
Into Assessment, Monitoring, and Evaluation of Security
Cooperation Programs and Activities.--
(1) Reports required.--The Secretary of Defense
shall submit to the appropriate congressional
committees an interim report and a final report on the
steps the Secretary will take to incorporate partner
units' activities, as such activities relate to human
rights and protection of civilians, into the program
elements described in section 383(b)(1) of title 10,
United States Code.
(2) Deadlines.--
(A) Interim report.--The interim report
required under paragraph (1) shall be submitted
to the appropriate congressional committees not
later than 180 days after the date of the
enactment of this Act and shall include a
summary of the progress of the Secretary in
implementing the steps described in such
paragraph.
(B) Final report.--The final report
required under paragraph (1) shall be submitted
to the appropriate congressional committees not
later than one year after the date of enactment
of this Act and shall specifically identify the
actions the Secretary took to implement the
steps described in paragraph (1).
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means the following:
(A) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
(B) The Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1207. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``2020'' and inserting ``2023''.
SEC. 1208. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM AND ELIMINATION OF CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.
(a) Extension and Modification of Commanders' Emergency
Response Program.--Section 1201 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1619), as most recently amended by the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is further amended--
(1) in subsection (a)--
(A) by striking ``During the period
beginning on October 1, 2016, and ending on
December 31, 2019'' and inserting ``During the
period beginning on October 1, 2019, and ending
on December 31, 2020''; and
(B) by striking ``$10,000,000'' and
inserting ``$2,500,000'';
(2) in subsection (b)(1), by striking ``of fiscal
years 2017 through 2019'' and inserting ``for each of
fiscal years 2017 through 2020''; and
(3) in subsection (f), in the first sentence, by
striking ``during the period beginning on October 1,
2016, and ending on December 31, 2019'' and inserting
``during the period beginning on October 1, 2019, and
ending on December 31, 2020''.
(b) Elimination of Authority for Certain Payments to
Redress Injury and Loss in Afghanistan, Iraq, Syria, Somalia,
Libya, and Yemen.--Section 1211 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2477), as most recently amended by section 1224(a) of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), is further amended by striking
subsection (b).
SEC. 1209. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY
CONTINGENCY FUND.
Section 1207 of the National Defense Authorization Act for
Fiscal Year 2012 (22 U.S.C. 2151 note) is amended--
(1) in subsection (i)--
(A) in paragraph (1), by striking
``September 30, 2019'' and inserting
``September 30, 2021''; and
(B) by amending paragraph (2) to read as
follows:
``(2) Exception.--Amounts appropriated and
transferred to the Fund before September 30, 2019,
shall remain available for obligation and expenditure
after that date, but only for activities under programs
commenced under subsection (b) before September 30,
2019.''; and
(2) in subsection (o)--
(A) in the first sentence, by striking
``September 30, 2019'' and inserting
``September 30, 2021''; and
(B) in the second sentence, by striking
``through 2019'' and inserting ``through
2021''.
SEC. 1210. LEGAL INSTITUTIONAL CAPACITY BUILDING INITIATIVE FOR FOREIGN
DEFENSE INSTITUTIONS.
(a) Initiative.--The Secretary of Defense may carry out, in
accordance with section 332 of title 10, United States Code, an
initiative of legal institutional capacity building in
collaboration with the appropriate ministry of defense (or
security agency serving a similar defense function) legal
institutions that support the efforts of one or more foreign
countries to establish or improve legal institutional capacity.
(b) Purpose.--The purpose of the initiative under
subsection (a) is to enhance, through advisory services,
training, or related training support services, as appropriate,
the legal institutional capacity of the applicable foreign
country to do the following:
(1) Integrate legal matters into the authority,
doctrine, and policies of the ministry of defense (or
security agency serving a similar defense function) and
forces of such country.
(2) Provide appropriate legal support to commanders
conducting defense and national security operations.
(3) With respect to defense and national security
law, institutionalize education, training, and
professional development for personnel and forces,
including uniformed lawyers, officers, noncommissioned
officers, and civilian lawyers and leadership within
such ministries of defense (and security agencies
serving a similar defense function).
(4) Establish a military justice system that is
objective, transparent, and impartial.
(5) Conduct effective and transparent command and
administrative investigations.
(6) Build the legal capacity of the forces and
civilian personnel of ministries of defense (and
security agencies serving a similar defense function)
to provide equitable, transparent, and accountable
institutions and provide for anti-corruption measures
within such institutions.
(7) Build capacity--
(A) to provide for the protection of
civilians consistent with the law of armed
conflict and human rights law; and
(B) to investigate incidents of civilian
casualties.
(8) Promote understanding and observance of--
(A) the law of armed conflict;
(B) human rights and fundamental freedoms;
(C) the rule of law; and
(D) civilian control of the military.
(9) Establish mechanisms for effective civilian
oversight of defense and national security legal
institutions and legal matters.
(c) Elements.--The initiative under subsection (a) shall
include the following elements:
(1) A measure for monitoring the implementation of
the initiative and evaluating the efficiency and
effectiveness of the initiative, in accordance with
section 383 of title 10, United States Code.
(2) An assessment of the organizational weaknesses
for legal institutional capacity building of the
applicable foreign country, including baseline
information, an assessment of gaps in the capability
and capacity of the appropriate institutions of such
country, and any other indicator of efficacy, in
accordance with section 383 of title 10, United States
Code.
(3) An engagement plan for building legal
institutional capacity that addresses the weaknesses
identified under paragraph (2), including objectives,
milestones, and a timeline.
(d) Reports.--
(1) In general.--Beginning in fiscal year 2020
through the fiscal year in which the initiative under
subsection (a) terminates, the Secretary of Defense
shall submit to the appropriate committees of Congress
an annual report on the legal institutional capacity
building activities carried out under this section.
(2) Integration into other capacity building
reports.--The report submitted under paragraph (1) for
a fiscal year shall be integrated into the report
required pursuant to subsection (b)(2) of section 332
of title 10, United States Code, for the fourth fiscal
year quarter of such fiscal year.
(3) Matters to be included.--Each report submitted
under paragraph (1) shall include the following:
(A) The same information required under
subsection (b)(2) of section 332 of title 10,
United States Code.
(B) The names of the one or more countries
in which the initiative was conducted.
(C) For each such country--
(i) the purpose of the initiative;
(ii) the objectives, milestones,
and timeline of the initiative;
(iii) the number and type of
advisors assigned and deployed to the
country, as applicable; and
(iv) an assessment of the progress
of the implementation of the
initiative.
(e) Sunset.--The initiative under subsection (a) shall
terminate on December 31, 2024.
(f) Funding.--Amounts for programs carried out pursuant to
subsection (a) in a fiscal year, and for other purposes in
connection with such programs as authorized by this section,
may be derived only from amounts authorized to be appropriated
for such fiscal year for the Department of Defense for
operation and maintenance, Defense-wide, and available for the
Defense Security Cooperation Agency for such programs and
purposes.
SEC. 1210A. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES
IN NATIONAL SECURITY INTEREST OF THE UNITED STATES.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State and in consultation with
the Administrator of the United States Agency for International
Development, provide support for the stabilization activities
of other Federal agencies specified in subsection (c)(1).
(b) Designation of Foreign Areas.--
(1) In general.--Amounts authorized to be provided
pursuant to this section shall be available only for
support for stabilization activities--
(A) in a country specified in paragraph
(2); and
(B) that the Secretary of Defense, with the
concurrence of the Secretary of State, has
determined are in the national security
interest of the United States.
(2) Specified countries.--The countries specified
in this paragraph are as follows:
(A) Iraq.
(B) Syria.
(C) Afghanistan.
(D) Somalia.
(c) Support to Other Agencies.--
(1) In general.--Support may be provided for
stabilization activities under subsection (a) to the
Department of State, the United States Agency for
International Development, or other Federal agencies,
on a reimbursable or nonreimbursable basis. The
authority to provide such support under this paragraph
on a reimbursable basis is in addition to other
authorities to provide support on such basis.
(2) Type of support.--Support under subsection (a)
may consist of logistic support, supplies, and
services.
(d) Requirement for a Stabilization Strategy.--
(1) Limitation.--With respect to any country
specified in subsection (b)(2), no amount of support
may be provided under subsection (a) until 15 days
after the date on which the Secretary of Defense, with
the concurrence of the Secretary of State, submits to
the appropriate committees of Congress a detailed
report setting forth a stabilization strategy for such
country.
(2) Elements of strategy.--The stabilization
strategy required by paragraph (1) shall set forth the
following:
(A) The United States interests in
conducting stabilization activities in the
country specified in subsection (b)(2).
(B) The key foreign partners and actors in
such country.
(C) The desired end states and objectives
of the United States stabilization activities
in such country.
(D) The Department of Defense support
intended to be provided for the stabilization
activities of other Federal agencies under
subsection (a).
(E) Any mechanism for civil-military
coordination regarding support for
stabilization activities.
(F) The mechanisms for monitoring and
evaluating the effectiveness of Department of
Defense support for United States stabilization
activities in the area.
(e) Implementation in Accordance With Guidance.--Support
provided under subsection (a) shall be implemented in
accordance with the guidance of the Department of Defense
entitled ``DoD Directive 3000.05 Stabilization'', dated
December 13, 2018 (or successor guidance).
(f) Report.--The Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the appropriate
committees of Congress on an annual basis a report that
includes the following:
(1) The identification of each foreign area within
countries specified in subsection (b)(2) for which
support to stabilization has occurred.
(2) The total amount spent by the Department of
Defense, broken out by recipient Federal agency and
activity.
(3) An assessment of the contribution of each
activity toward greater stability.
(4) An articulation of any plans for continued
Department of Defense support to stabilization in the
specified foreign area in order to maintain or improve
stability.
(5) Other matters as the Secretary of Defense
considers to be appropriate.
(g) Use of Funds.--
(1) Source of funds.--Amounts for activities
carried out under this section in a fiscal year shall
be derived only from amounts authorized to be
appropriated for such fiscal year for the Department of
Defense for Operation and Maintenance, Defense-wide.
(2) Limitation.--Not more than $18,000,000 in each
fiscal year is authorized to be used to provide
nonreimbursable support under this section.
(h) Expiration.--The authority provided under this section
may not be exercised after December 31, 2020.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Logistic support, supplies, and services.--The
term ``logistic support, supplies, and services'' has
the meaning given the term in section 2350(1) of title
10, United States Code.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND
SECURITY FORCES OF AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1222
of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1992) is amended by striking
``December 31, 2020'' and inserting ``December 31, 2022''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section is amended by striking ``December 31, 2020'' each place
it appears and inserting ``December 31, 2022''.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE PRODUCTS
AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR
ROUTE OF SUPPLY TO AFGHANISTAN.
(a) Termination of Authority.--Subsection (f) of section
801 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2399) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2021''.
(b) Report on Authority.--Such section, as so amended, is
further amended by adding at the end the following:
``(g) Report on Authority.--
``(1) In general.--Not later than March 1, 2020,
and March 1, 2021, the Secretary of Defense shall
submit to the appropriate congressional committees a
report on the use of the authority provided in
subsection (a). The report shall address, at a minimum,
the following:
``(A) The number of determinations made by
the Secretary pursuant to subsection (b).
``(B) A description of the products and
services acquired using the authority.
``(C) The extent to which the use of the
authority has met the objectives of
subparagraph (A), (B), or (C) of subsection
(b)(2).
``(D) A list of the countries providing
products or services as a result of a
determination made pursuant to subsection (b).
``(2) Appropriate congressional committees
defined.--For purposes of this subsection, the term
`appropriate congressional committees' means--
``(A) the congressional defense committees;
and
``(B) the Committee on Foreign Affairs of
the House of Representatives and the Committee
on Foreign Relations of the Senate.''.
SEC. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Authority.--During the period beginning on the date of
the enactment of this Act and ending on December 31, 2022, not
more than $3,000,000 for each calendar year, to be derived from
funds authorized to be appropriated to the Office of the
Secretary of Defense under the Operation and Maintenance,
Defense-wide account, may be made available for ex gratia
payments for damage, personal injury, or death that is incident
to the use of force by the United States Armed Forces, a
coalition that includes the United States, a military
organization supporting the United States, or a military
organization supporting the United States or such coalition.
(b) Conditions on Payment.--An ex gratia payment authorized
pursuant to subsection (a) may be provided only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be
friendly to the United States;
(2) a claim for damages would not be compensable
under chapter 163 of title 10, United States Code
(commonly known as the ``Foreign Claims Act'');
(3) the property damage, personal injury, or death
was not caused by action by an enemy;
(4) the claimant suffered property damage, personal
injury, or death that was--
(A) caused by the United States Armed
Forces, a coalition that includes the United
States, or a military organization supporting
the United States or such a coalition; and
(B) occurred during an operation carried
out by the United States, such coalition, or
such military organization; and
(5) the claimant had no involvement in planning or
executing an attack or other hostile action that gave
rise to the use of force by the United States, such
coalition, or such military organization resulting in
such property damage, personal injury, or death.
(c) Nature of Payment.--A payment provided pursuant to the
authority under subsection (a) may not be construed or
considered as an admission or acknowledgment of any legal
obligation to provide compensation for any property damage,
personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense
determines a payment under subsection (a) to be appropriate in
a particular setting, the amounts of payments, if any, to be
provided to civilians determined to have suffered harm incident
to the use of force by the United States Armed Forces under the
program should be determined pursuant to regulations prescribed
by the Secretary and based on an assessment, conducted in
consultation with the Secretary of State, that includes such
factors as cultural appropriateness and prevailing economic
conditions. A copy of any regulations so prescribed shall be
provided to the congressional defense committees upon
finalization.
(e) Legal Advice.--Local military commanders shall receive
legal advice before making ex gratia payments under this
subsection. The legal advisor, under regulations of the
Department of Defense, shall advise on whether an ex gratia
payment is proper under this section and applicable Department
of Defense regulations.
(f) Written Record.--A written record of any ex gratia
payment offered pursuant to the authority under subsection (a),
and whether accepted or denied, shall be kept by the local
military commander and on a timely basis submitted to the
appropriate office in the Department of Defense as determined
by the Secretary of Defense.
(g) Quarterly Report.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report including the
following:
(1) With respect to each ex gratia payment made
under the authority in this subsection or any other
authority during the preceding 90-day period, each of
the following:
(A) The amount used for such payments and
the country with respect to which each such
payment was made.
(B) The manner in which claims for such
payments were verified.
(C) The position of the official who
approved the payment.
(D) The manner in which payments are made.
(2) With respect to a preceding 90-day period in
which no ex gratia payments were made--
(A) whether any such payment was refused,
along with the reason for such refusal; or
(B) any other reason for which no such
payments were made.
(h) Relation to Other Authorities.--Notwithstanding any
other provision of law, the authority provided by this section
shall be construed as the sole authority available to make ex
gratia payments for property damage, personal injury, or death
that is incident to the use of force by the United States Armed
Forces.
SEC. 1214. EXTENSION AND MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
(a) Extension.--Paragraph (2) of subsection (a) of section
1225 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 127 Stat. 3550), as most recently amended by section 1215
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1649), is further amended by
striking ``December 15, 2020'' and inserting ``December 15,
2022''.
(b) Form.--Paragraph (3) of such subsection is amended to
read as follows:
``(3) Form.--Each report required under paragraph
(1) shall be submitted in unclassified form without any
designation relating to dissemination control, but may
include a classified annex.''.
(c) Modification of Elements.--Subsection (b) of such
section 1225, as amended by section 1215(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2480), is further amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting
``and taking into account the august 2017
strategy of the united states'' after ``2014'';
(B) by amending subparagraph (A) to read as
follows:
``(A) the strategy and objectives of any
post-2014 United States mission, including the
2017 South Asia Strategy of the United States
and any subsequent United States strategy, and
any mission agreed by the North Atlantic Treaty
Organization (NATO), that are pertinent to--
``(i) training, advising, and
assisting the ANSF; or
``(ii) conducting counterrorism
operations in Afghanistan; and''; and
(C) in subparagraph (B)--
(i) by striking the period at the
end and inserting a semicolon;
(ii) by striking ``in the
assessment of any such'' and inserting
``in the assessment of--
``(i) any such''; and
(iii) by adding at the end the
following new clauses:
``(ii) the United States
counterterrorism mission; and
``(iii) efforts by the Department
of Defense to support reconciliation
efforts and develop conditions for the
expansion of the reach of the
Government of Afghanistan throughout
Afghanistan.'';
(2) in paragraph (2)--
(A) by inserting ``, including the progress
of the Government of Afghanistan on securing
Afghan territory and population,'' after ``the
current security conditions in Afghanistan'';
and
(B) by striking ``and the Haqqani Network''
and inserting ``the Haqqani Network, and the
Islamic State of Iraq and Syria Khorasan''; and
(3) by adding at the end the following new
paragraph:
``(9) Monitoring and evaluation measures relating
to asff.--A description of the monitoring and
evaluation measures that the Department of Defense and
the Government of Afghanistan are taking to ensure that
funds of the Afghanistan Security Forces Fund provided
to the Government of Afghanistan as direct government-
to-government assistance are not subject to waste,
fraud, or abuse.''.
SEC. 1215. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Department of State shall submit a report, which may contain a
classified annex, to--
(1) the Committee on the Judiciary, the Committee
on Foreign Relations, and the Committee on Armed
Services of the Senate; and
(2) the Committee on the Judiciary, the Committee
on Foreign Affairs, and the Committee on Armed Services
of the House of Representatives.
(b) Contents.--The report submitted under subsection (a)
shall evaluate the obstacles to effective protection of Afghan
and Iraqi allies through the special immigrant visa programs
and suggestions for improvements in future programs, including
information relating to--
(1) the hiring of locally employed staff and
contractors;
(2) documenting the identity and employment of
locally employed staff and contractors of the United
States Government, including the possibility of
establishing a central database of employees of the
United States Government and its contractors;
(3) the protection and safety of employees of
locally employed staff and contractors;
(4) means of expediting processing at all stages of
the process for applicants, including consideration of
reducing required forms;
(5) appropriate staffing levels for expedited
processing domestically and abroad;
(6) the effect of uncertainty of visa availability
on visa processing;
(7) the cost and availability of medical
examinations; and
(8) means to reduce delays in interagency
processing and security checks.
(c) Consultation.--In preparing the report under subsection
(a), the Inspector General shall consult with current and, to
the extent possible, former employees of--
(1) the Department of State, Bureau of Consular
Affairs, Visa Office;
(2) the Department of State, Bureau of Near Eastern
Affairs and South and Central Asian Affairs, Executive
Office;
(3) the United States embassy in Kabul,
Afghanistan, Consular Section;
(4) the United States embassy in Baghdad, Iraq,
Consular Section;
(5) the Department of Homeland Security, U.S.
Citizenship and Immigration Services;
(6) the Department of Defense; and
(7) non-governmental organizations providing legal
aid in the special immigrant visa application process.
SEC. 1216. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE NEGOTIATIONS.
(a) In General.--The Secretary of State, in coordination
with the Secretary of Defense, shall seek to ensure the
meaningful participation of Afghan women in the peace process
in Afghanistan in a manner consistent with the Women, Peace,
and Security Act of 2017 (22 U.S.C. 2152j et seq.), including
through advocacy for the inclusion of Afghan women in ongoing
and future negotiations to end the conflict in Afghanistan.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the appropriate
committees of Congress a report describing the steps taken to
fulfill the duties of the Secretary of State and the Secretary
of Defense under subsection (a).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1217. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO
UNITED STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 393), as most recently amended by
section 1225 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
further amended to read as follows:
``(a) Authority.--From funds made available for the
Department of Defense for the period beginning on October 1,
2019, and ending on December 31, 2020, for overseas contingency
operations for operation and maintenance, Defense-wide
activities, the Secretary of Defense may reimburse any key
cooperating nation (other than Pakistan) for--
``(1) logistical and military support provided by
that nation to or in connection with United States
military operations in Afghanistan, Iraq, or Syria; and
``(2) logistical, military, and other support,
including access, provided by that nation to or in
connection with United States military operations
described in paragraph (1).''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``October 1, 2018, and ending on
December 31, 2019'' and inserting ``October 1, 2019,
and ending on December 31, 2020''; and
(2) by striking ``$350,000,000'' and inserting
``$450,000,000''.
SEC. 1218. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT
OF AFGHANISTAN.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide covered support
for reconciliation activities to one or more designated persons
or entities or Federal agencies.
(b) Framework for Use of Authority.--Not later than 90 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 committees of Congress a report on
the use of the authority under subsection (a) that includes--
(1) a framework for use of such authority;
(2) evaluation requirements; and
(3) a prioritization of covered support.
(c) Designation.--Not later than 15 days before the
Secretary of Defense designates an individual or organization
as a designated person or entity, the Secretary shall notify
the congressional defense committees of the intent of the
Secretary to make such designation.
(d) Reimbursement.--
(1) Designated persons or entities.--The Secretary
of Defense may provide covered support to a designated
person or entity on a nonreimbursable basis.
(2) Federal agencies.--The Secretary of Defense may
provide covered support to a Federal agency on a
reimbursable or nonreimbursable basis.
(e) Location of Covered Support.--
(1) In general.--Except as provided in paragraph
(2), the Secretary of Defense may only provide covered
support within Afghanistan.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary of Defense may provide covered support in
Pakistan if the Secretary of Defense, with the
concurrence of the Secretary of State, determines, and
certifies to the appropriate committees of Congress,
that providing covered support in Pakistan is in the
national security interest of the United States.
(f) Notification.--Not later than 15 days after the date on
which the Secretary of Defense provides covered support in
Pakistan, or an individual expenditure for covered support
reaches a monetary threshold of $75,000 or greater, the
Secretary shall submit to the appropriate committees of
Congress written notice that includes--
(1) the intended recipient of such covered support
and the specific covered support to be provided; and
(2) a description of the manner in which such
covered support facilitates reconciliation.
(g) Funding.--
(1) Source of funds.--Amounts for covered support
may only be derived from amounts authorized to be
appropriated for the Department of Defense for
operation and maintenance.
(2) Limitation.--Not more than $15,000,000 may be
used in each fiscal year to provide covered support
under this section.
(h) Rule of Construction.--Covered support shall not be
construed to violate section 2339, 2339A, or 2339B of title 18,
United States Code.
(i) Reports.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, and quarterly
thereafter, the Secretary of Defense shall, with the
concurrence of the Secretary of State, submit to the
appropriate committees of Congress a report on covered
support during the preceding 90-day period.
(2) Elements.--Each report under this subsection
shall include, for the preceding reporting period, the
following:
(A) A summary of the reconciliation
activities for which covered support was
provided.
(B) A description of the covered support,
by class or type, and the designated person or
entity or Federal agency that received each
class or type of covered support.
(C) The total dollar amount of each class
or type of covered support, including budget
details.
(D) The intended duration of each provision
of covered support.
(E) Any other matter the Secretary of
Defense considers appropriate.
(j) Sunset.--The authority to carry out this section shall
terminate on December 31, 2020.
(k) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of
the Senate; and
(C) the Committee on Foreign Affairs of the
House of Representatives.
(2) Covered support.--
(A) In general.--The term ``covered
support'' means logistic support, supplies, and
services (as defined in section 2350 of title
10, United States Code) and security provided
under this section.
(B) Exclusions.--The term ``covered
support'' does not include the following
support, supplies, or services described in
section 2350 of title 10, United States Code:
(i) Ammunition, construction
incident to base operations support,
training services, and the temporary
use of general purpose vehicles.
(ii) With respect to any member of
the Taliban, transportation in vehicles
or on aircraft owned by the United
States Government.
(3) Designated person or entity.--
(A) In general.--The term ``designated
person or entity'' means an individual or
organization designated by the Secretary of
Defense, with the concurrence of the Secretary
of State, as necessary to facilitate a
reconciliation activity.
(B) Exclusion.--The term ``designated
person or entity'' does not include a Federal
agency or department.
(4) Reconciliation activity.--The term
``reconciliation activity'' means any activity intended
to support, facilitate, or enable a political
settlement between the Government of Afghanistan and
the Taliban for the purpose of ending the war in
Afghanistan.
(5) Security.--The term ``security'' means any
measure determined by the Secretary of Defense to be
necessary to protect reconciliation activities from
hostile acts.
SEC. 1219. MODIFICATION AND EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT
VISA PROGRAM.
(a) Principal Aliens.--Subclause (I) of section
602(b)(2)(A)(ii) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended to read as follows:
``(I) by, or on behalf of,
the United States Government;
or''.
(b) Extension of Afghan Special Immigrant Program.--Section
602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2015, 2016, and
2017'' and inserting ``2015 through 2020'';
(2) in the matter preceding clause (i), by striking
``18,500'' and inserting ``22,500'';
(3) in clause (i), by striking ``December 31,
2020'' and inserting ``December 31, 2021''; and
(4) in clause (ii), by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY AND LIMITATION ON USE OF FUNDS TO
PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF
IRAQ AND SYRIA.
(a) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated for fiscal year 2020 by this Act for
activities under section 1236 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3558), as amended by
this section, not more than 50 percent may be obligated or
expended for such activities until the date on which the
Secretary of Defense submits to the congressional defense
committees a report setting forth the following:
(1) An assessment of--
(A) security in liberated areas in Iraq;
(B) the extent to which security forces
trained and equipped, directly or indirectly,
by the United States are prepared to provide
post-conflict stabilization and security in
such liberated areas; and
(C) the effectiveness of security forces in
the post-conflict environment and an
identification of which such forces will
provide post-conflict stabilization and
security in such liberated areas.
(2) A summary of available information relating to
the disposition of militia groups throughout Iraq, with
particular focus on groups in areas liberated from ISIS
or in sensitive areas with historically mixed ethnic or
minority communities.
(3) Any updates to or changes in the plan,
strategy, process, vetting requirements and process as
described in subsection (e) of such section 1236, and
end-use monitoring mechanisms and procedures.
(4) An identification of the specific units of the
Iraqi Security Forces to receive training and equipment
or other support in fiscal year 2020.
(5) A plan for ensuring that any vehicles or
equipment provided to the Iraqi Security Forces
pursuant to such authority are maintained in subsequent
fiscal years using funds of Iraq.
(6) A description of any misuse or loss of provided
equipment and how such misuse or loss is being
mitigated.
(7) An estimate, by fiscal year, of the funding
anticipated to be required for support of the Iraqi
Security Forces during the five fiscal years beginning
in fiscal year 2020.
(8) A plan for normalizing assistance to the Iraqi
Security Forces under chapter 16 of title 10, United
States Code, beginning in fiscal year 2020.
(9) A detailed plan for the obligation and
expenditure of the funds requested for fiscal year 2020
for the Department of Defense for stipends.
(10) A plan for the transition to the Government of
Iraq the responsibility for funding for stipends for
any fiscal year after fiscal year 2020.
(11) A description of how attacks against United
States or coalition personnel are being mitigated,
statistics on any such attacks, including ``green-on-
blue'' attacks.
(12) A list of the forces or elements of forces
that are restricted from receiving assistance under
subsection (a) of such section 1236, other than the
forces or elements of forces with respect to which the
Secretary of Defense has exercised the waiver authority
under subsection (j) of such section 1236, as a result
of vetting required by subsection (e) of such section
1236 or by section 362 of title 10, United States Code,
and a detailed description of the reasons for such
restriction, including for each force or element, as
applicable, the following:
(A) Information relating to gross violation
of human rights committed by such force or
element, including the time-frame of the
alleged violation.
(B) The source of the information described
in subparagraph (A) and an assessment of the
veracity of the information.
(C) The association of such force or
element with terrorist groups or groups
associated with the Government of Iran.
(D) The amount and type of any assistance
provided to such force or element by the
Government of Iran.
(b) Funding.--Subsection (g) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3558) is amended--
(1) by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$645,000,000''.
(c) Clarification With Respect to Scope of Authority.--
(1) In general.--Subsection (j)(2) of such section
1236 is amended to read as follows:
``(2) Scope of assistance authority.--
Notwithstanding paragraph (1), the authority granted by
subsection (a) may only be exercised in consultation
with the Government of Iraq.''.
(2) Technical correction.--The heading of
subsection (j) of such section 1236 is amended by
inserting ``; Scope'' after ``Authority''.
(d) Technical Correction.--Subsection (c) of such section
1236 is amended in the matter preceding paragraph (1) by
striking ``subsection (a)(1)'' and inserting ``subsection
(b)(1)(A)''.
(e) Additional Technical Correction.--Effective as of
December 12, 2017, and as if included therein as enacted,
section 1222 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1651) is
amended--
(1) by striking subsection (b); and
(2) by striking subsection (c)(3).
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension and Modification.--Section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3559) is amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``with a cost'' and all that
follows through ``through December 31, 2019''
and inserting ``and sustainment to
appropriately vetted Syrian groups and
individuals through December 31, 2020''; and
(B) by striking paragraphs (1) through (3)
and inserting the following:
``(1) Defending the Syrian people from attacks by
the Islamic State of Iraq and Syria.
``(2) Securing territory formerly controlled by the
Islamic State of Iraq and Syria.
``(3) Protecting the United States and its partners
and allies from the threats posed by the Islamic State
of Iraq and Syria, al Qaeda, and associated forces in
Syria.
``(4) Providing appropriate support to vetted
Syrian groups and individuals to conduct temporary and
humane detention and repatriation of Islamic State of
Iraq and Syria foreign terrorist fighters in accordance
with all laws and obligations related to the conduct of
such operations, including, as applicable--
``(A) the law of armed conflict;
``(B) internationally recognized human
rights;
``(C) the principle of non-refoulement;
``(D) the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10,
1984); and
``(E) the United Nations Convention
Relating to the Status of Refugees, done at
Geneva July 28, 1951 (as made applicable by the
Protocol Relating to the Status of Refugees,
done at New York January 31, 1967 (19 UST
6223)).''.
(2) By amending subsection (b) to read as follows:
``(b) Notice Before Provision of Assistance.--
``(1) In general.--In accordance with the
requirements under paragraph (2), the Secretary of
Defense shall notify the congressional defense
committees in writing of the use of the relevant
authority to provide assistance and include the
following:
``(A) The requirements and process used to
determine appropriately vetted recipients.
``(B) The mechanisms and procedures that
will be used to monitor and report to the
appropriate congressional committees and
leadership of the House of Representatives and
Senate on unauthorized end-use of provided
training and equipment or other violations of
relevant law by appropriately vetted
recipients.
``(C) The amount, type, and purpose of
assistance to be funded and the recipient of
the assistance.
``(D) The goals and objectives of the
assistance.
``(E) The number and role of United States
Armed Forces personnel involved.
``(F) Any other relevant details.
``(2) Timing of required notice.--A notice
described in paragraph (1) shall be required--
``(A) not later than 15 days before the
expenditure of each 10-percent increment of the
amount made available in fiscal year 2019 or
fiscal year 2020 to carry out the authorization
in this section; or
``(B) not later than 48 hours after such an
expenditure, if the Secretary determines that
extraordinary circumstances that affect the
national security of the United States
exist.''.
(3) By amending subsection (c) to read as follows:
``(c) Form.--The notifications required under subsection
(b) shall be submitted in unclassified form but may include a
classified annex.''.
(4) By amending subsection (d) to read as follows:
``(d) Quarterly Progress Reports.--
``(1) In general.--Beginning on January 15, 2020,
and every 90 days thereafter, the Secretary of Defense,
in coordination with the Secretary of State, shall
submit to the appropriate congressional committees and
leadership of the House of Representatives and the
Senate a progress report.
``(2) Matters to be included.--Each progress report
under paragraph (1) shall include, based on the most
recent quarterly information, the following:
``(A) A description of the appropriately
vetted recipients receiving assistance under
subsection (a), including a description of
their geographical locations, demographic
profiles, political affiliations, and current
capabilities.
``(B) A description of training, equipment,
supplies, stipends, and other support provided
to appropriately vetted recipients under
subsection (a) and a statement of the amount of
funds expended for such purposes during the
period covered by the report.
``(C) Any misuse or loss of provided
training and equipment and how such misuse or
loss is being mitigated.
``(D) An assessment of the recruitment,
throughput, and retention rates of
appropriately vetted recipients.
``(E) An assessment of the operational
effectiveness of appropriately vetted
recipients in meeting the purposes specified in
subsection (a).
``(F) A description of the current and
planned posture of United States forces and the
planned level of engagement by such forces with
appropriately vetted recipients, including the
oversight of equipment provided under this
section and the activities conducted by such
appropriately vetted recipients.
``(G) A detailed explanation of the
relationship between appropriately vetted
recipients and civilian governance authorities,
including a description of efforts to ensure
appropriately vetted recipients are subject to
the control of competent civilian authorities.
``(H) A description of United States
Government stabilization objectives and
activities carried out in areas formerly
controlled by the Islamic State of Iraq and
Syria, including significant projects and
funding associated with such projects.
``(I) A description of coalition
contributions to the purposes specified in
subsection (a) and other related stabilization
activities.
``(J) With respect to Islamic State of Iraq
and Syria foreign terrorist fighters--
``(i) an estimate of the number of
such individuals being detained by
appropriately vetted Syrian groups and
individuals;
``(ii) an estimate of the number of
such individuals that have been
repatriated and the countries to which
such individuals have been repatriated;
and
``(iii) a description of United
States Government support provided to
facilitate the repatriation of such
individuals.
``(I) An assessment of the
extent to which appropriately
vetted Syrian groups and
individuals have enabled
progress toward establishing
inclusive, representative,
accountable, and civilian-led
governance and security
structures in territories
liberated from the Islamic
State of Iraq and Syria.''.
(5) In subsection (e)(1)(A), by striking
``include,'' and all that follows through ``(ISIL)''
and inserting ``include the Islamic State of Iraq and
Syria''.
(6) By striking subsection (f) and inserting the
following:
``(f) Restriction on Scope of Assistance in the Form of
Weapons.--
``(1) In general.--The Secretary may only provide
assistance in the form of weapons pursuant to the
authority under subsection (a) if such weapons are
small arms or light weapons.
``(2) Waiver.--The Secretary may waive the
restriction under paragraph (1) upon certification to
the appropriate congressional committees that such
provision of law would (but for the waiver) impede
national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise
limiting the provision of assistance.''.
(5) In subsection (g)--
(A) by inserting ``, at the end of the 15-
day period beginning on the date the Secretary
notifies the congressional defense committees
of the amount, source, and intended purpose of
such contributions'' after ``as authorized by
this section''; and
(B) by striking ``operation and maintenance
accounts'' and all that follows through the end
of the subsection and inserting ``accounts.''.
(6) By amending subsection (l) to read as follows:
``(l) Limitation on Cost of Construction and Repair
Projects.--
``(1) In general.--The cost of construction and
repair projects carried out under this section may not
exceed, in any fiscal year--
``(A) $4,000,000 per project; or
``(B) $20,000,000 in the aggregate.
``(2) Foreign contributions.--The limitation under
paragraph (1) shall not apply to the expenditure of
foreign contributions in excess of the per-project or
aggregate limitation set forth in that paragraph.''.
(b) Availability of Authority.--Not more than 10 percent of
the funds authorized to be appropriated for the Department of
Defense for activities under the authority provided by section
1209 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3559), as amended by subsection (a) of this
section, may be obligated or expended until the first quarterly
report required to be submitted pursuant to subsection (d) of
such section 1209 (as so amended) has been submitted to the
appropriate congressional committees and leadership in
accordance with such subsection.
SEC. 1223. MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN
IRAQ.
(a) Modification.--Section 1215 of the National Defense
Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is
amended as follows:
(1) Authority.--By amending subsection (a) to read
as follows:
``(a) Authority.--The Secretary of Defense may support
United States Government security cooperation activities in
Iraq by providing funds for the operations and activities of
the Office of Security Cooperation in Iraq.''.
(2) Types of support.--In subsection (b)--
(A) by striking the comma after ``life
support'' and inserting ``and''; and
(B) by striking ``, and construction and
renovation of facilities''.
(3) Limitation on amount.--In subsection (c)--
(A) by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(B) by striking ``$45,300,000'' and
inserting ``$30,000,000''.
(4) Source of funds.--In subsection (d), by
striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''.
(5) Coverage of costs of the office of security
cooperation in iraq.--In subsection (e)--
(A) in the heading, by striking ``of
OSCI'';
(B) by inserting ``appropriate
administrative charges'' after ``includes'' and
(C) by striking ``, charges sufficient to
recover'' and all that follows through ``with
such sale''.
(6) Additional authority.--In subsection (f), by
adding at the end the following new paragraph:
``(3) Sunset.--The authority provided in this
subsection shall terminate on the date that is 90 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
(7) Reports.--In subsection (g)--
(A) in paragraph (1), by striking
``September 30, 2015'' and inserting
``September 30, 2020''; and
(B) in paragraph (2)--
(i) by striking ``current'' each
place it appears;
(ii) in subparagraph (A), by
striking ``Iraq, including'' and
inserting ``Iraq that also addresses'';
(iii) in subparagraph (B), by
striking ``the programs conducted'' and
all that follows through ``will
address'' and inserting ``United States
security assistance and security
cooperation activities are intended to
address''; and
(iv) by amending subparagraph (F)
to read as follows:
``(F) An evaluation of the effectiveness of
United States efforts to promote respect for
human rights, military professionalism, and
respect for legitimate civilian authority in
Iraq.''.
(b) Limitation on Availability of Funds.--Such section 1215
is further amended by adding at the end the following:
``(h) Limitation on Availability of Funds.--Of the amount
made available for fiscal year 2020 to carry out section 1215
of the National Defense Authorization Act for Fiscal Year 2012,
not more than $20,000,000 may be obligated or expended for the
Office of Security Cooperation in Iraq until the date on which
the Secretary of Defense certifies to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate, that each of the following reforms relating to that
Office has been completed:
``(1) The appointment of a Senior Defense Official/
Defense Attache to oversee the Office.
``(2) The development of a staffing plan to
reorganize the Office in a manner similar to that of
other security cooperation offices in the region that
emphasizes the placement of personnel with regional or
security cooperation expertise in key leadership
positions and closes duplicative or extraneous
sections.
``(3) The initiation of bilateral engagement with
the Government of Iraq with the objective of
establishing a joint mechanism for security assistance
planning, including a five-year security assistance
roadmap for developing sustainable military capacity
and capabilities and enabling defense institution
building and reform.''.
SEC. 1224. ESTABLISHING A COORDINATOR FOR DETAINED ISIS MEMBERS AND
RELEVANT DISPLACED POPULATIONS IN SYRIA.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the President, in consultation with
the Secretary of Defense, the Secretary of State, the Director
of National Intelligence, the Secretary of the Treasury, and
the Attorney General, shall submit to the appropriate
committees of Congress a report identifying whether a senior-
level coordinator exists on all matters for the United States
Government relating to ISIS members who are in Syrian
Democratic Forces custody, including with respect to--
(1) the long-term disposition of such ISIS members,
including in all matters in connection with--
(A) repatriation, transfer, prosecution,
and intelligence-gathering;
(B) all multilateral and international
engagements led by the Department of State and
other agencies that are related to the current
and future handling, detention, and prosecution
of such ISIS members, including with the
International Criminal Police Organization; and
(C) coordinating the provision of technical
and evidentiary assistance to foreign countries
to aid in the successful prosecution of such
ISIS members, as appropriate, in accordance
with international humanitarian law and other
internationally recognized human rights and
rule of law standards; and
(2) all multilateral and international engagements
related to the humanitarian access, provision of basic
services, freedom of movement, security and safe return
of internally displaced persons and refugees at camps
or facilities in Syria that hold family members of such
ISIS members.
(b) Designation.--If the President is unable to identify a
senior-level coordinator for all matters described in
subsection (a), the President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of
National Intelligence, the Secretary of the Treasury, and the
Attorney General, shall designate an existing official within
the executive branch to serve as senior-level coordinator to
coordinate, in conjunction with other relevant agencies, all
matters described in such subsection.
(c) Retention of Authority.--The appointment of a senior-
level coordinator pursuant to subsection (b) shall not deprive
any agency of any authority to independently perform functions
of that agency.
(d) Annual Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and not less
frequently than once each year thereafter through
January 31, 2021, the individual designated under
subsection (b) shall submit to the appropriate
committees of Congress a detailed report regarding the
following detained ISIS members:
(A) Alexanda Kotey.
(B) El Shafee Elsheikh.
(C) Aine Lesley Davis.
(D) Umm Sayyaf.
(E) Any other high-value detained ISIS
member that the coordinator reasonably
determines to be subject to criminal
prosecution.
(2) Elements.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A detailed description of the
facilities where detained ISIS members
described in paragraph (1) are being held,
including security and management of such
facilities and adherence to international
humanitarian law standards.
(B) An analysis of all United States
efforts to prosecute detained ISIS members
described in paragraph (1) and the outcomes of
such efforts. Any information, the disclosure
of which may violate Department of Justice
policy or law, relating to a prosecution or
investigation may be withheld from a report
under paragraph (1).
(C) A detailed description of any option to
expedite prosecution of any detained ISIS
member described in paragraph (1), including in
a court of competent jurisdiction outside of
the United States.
(D) An analysis of factors on the ground in
Syria and Iraq that may result in the
unintended release of detained ISIS members
described in paragraph (1), and an assessment
of any measures available to mitigate such
releases.
(E) A detailed description of efforts to
coordinate the disposition and security of
detained ISIS members described in paragraph
(1) with other countries and international
organizations, including the International
Criminal Police Organization, to ensure secure
chains of custody and locations of such ISIS
members.
(F) An analysis of the manner in which the
United States Government communicates on such
proposals and efforts to the families of United
States citizens believed to be a victim of a
criminal act by a detained ISIS member.
(G) An analysis of all efforts between the
United States and partner countries within the
Global Coalition to Defeat ISIS or other
countries to share intelligence or evidence
that may aid in the prosecution of ISIS
members, and any legal obstacles that may
hinder such efforts.
(H) A description of all multilateral and
international engagements related to the
humanitarian access and provision of basic
services to and freedom of movement and
security and safe return of internally
displaced persons and refugees at camps or
facilities in Iraq, Syria, or any other area
affected by ISIS activity, including--
(i) any current or future potential
threats to United States national
security interests emanating from such
individuals (including an analysis of
the Al-Hol camp and annexes); and
(ii) United States Government plans
and strategies to respond to any such
threats.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(e) Sunset.--The requirements under this section shall
sunset on January 31, 2021.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee
on the Judiciary, the Committee on Banking,
Housing, and Urban Affairs, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on
the Judiciary, Committee on Financial Services,
the Permanent Select Committee on Intelligence,
and the Committee on Appropriations of the
House of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a
person who was part of, or substantially supported, the
Islamic State of Iraq and Syria.
SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE MOSUL AND
RAQQAH FROM CONTROL OF THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(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 congressional defense committees a report
on lessons learned from coalition operations to liberate Mosul,
Iraq, and Raqqah, Syria, from control of the Islamic State of
Iraq and Syria (ISIS).
(b) Elements.--The report required by subsection (a) shall
include a description of lessons learned in connection with
each of the following:
(1) Combat in densely populated urban environments.
(2) Enablement of partner forces, including unique
aspects of conducting combined operations with regular
and irregular forces.
(3) Advise, assist, and accompany efforts,
including such efforts conducted remotely.
(4) Integration of United States general purpose
and special operations forces.
(5) Integration of United States and international
forces.
(6) Irregular and unconventional warfare
approaches, including the application of training and
doctrine by special operations and general purpose
forces.
(7) Use of command, control, communications,
computer, intelligence, surveillance, and
reconnaissance systems and techniques.
(8) Logistics.
(9) Information operations.
(10) Targeting and weaponeering, including efforts
to avoid civilian casualties and other collateral
damage.
(11) Facilitation of flows of internally displaced
people and humanitarian assistance.
(12) Such other matters as the Secretary considers
appropriate and could benefit training, doctrine, and
resourcing of future operations.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF IRAN TO
VICTIMS OF TERRORISM.
Section 502 of the Iran Threat Reduction and Syria Human
Rights Act of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in
the United States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``,
or an asset that would be blocked if the asset
were located in the United States,'' after
``unblocked)''; and
(C) in the flush text at the end--
(i) by inserting after ``in aid of
execution'' the following: ``, or to an
order directing that the asset be
brought to the State in which the court
is located and subsequently to
execution or attachment in aid of
execution,''; and
(ii) by inserting ``, without
regard to concerns relating to
international comity'' after
``resources for such an act''; and
(2) in subsection (b)--
(A) by striking ``that are identified'' and
inserting the following: ``that are--
``(1) identified'';
(B) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings
in the United States District Court for the Southern
District of New York in Peterson et al. v. Islamic
Republic of Iran et al., Case No. 13 Civ. 9195
(LAP).''.
SEC. 1227. REPORT ON THE STATUS OF DECONFLICTION CHANNELS WITH IRAN.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the President shall submit to Congress a
report on the status of deconfliction channels with Iran.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) The status of United States diplomatic
deconfliction channels with Iran to prevent
miscalculation, define ambiguities, and correct
misunderstandings that could otherwise lead to
unintended consequences, including unnecessary or
harmful military activity.
(2) The status of United States military-to-
military deconfliction channels with Iran to prevent
military and diplomatic miscalculation.
(3) An analysis of the need and rationale for
bilateral and multilateral deconfliction channels,
including an assessment of recent United States
experience with such channels of communication with
Iran.
SEC. 1228. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF
SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2020 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of
Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas, Hizballah,
Palestine Islamic Jihad, al-Shabaab, Islamic Revolutionary
Guard Corps, or any individual or group affiliated with any
such organization.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``or 2019'' and inserting ``, 2019, or
2020''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2020 for the Department of Defense may be obligated or
expended to implement any activity that recognizes the
sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national
security interest of the United States; and
(2) on the date on which the waiver is invoked,
submits a notification of the waiver and a
justification of the reason for seeking the waiver to--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1233. SENSE OF CONGRESS ON UPDATING AND MODERNIZING EXISTING
AGREEMENTS TO AVERT MISCALCULATION BETWEEN THE
UNITED STATES AND RUSSIA.
It is the sense of Congress that--
(1) conventional arms control and confidence and
security building measures have played an important
role in helping to increase military transparency and
reduce the risk of miscalculation;
(2) Russia's violations of the sovereignty and
territorial integrity of Georgia and Ukraine, and
Russia's ongoing destabilizing and aggressive behavior,
has undermined peace, security, and stability in Europe
and beyond;
(3) Russia's unilateral suspension and violation of
the Treaty on Conventional Armed Forces in Europe, done
at Vienna November 19, 1990, and entered into force
November 9, 1992, and selective implementation of the
Vienna Document of the Organization for Security and
Cooperation in Europe 2011 have contributed to a
greater risk of miscalculation;
(4) Russia's unsafe and unprofessional interactions
with United States aircraft and vessels--
(A) are contrary to the spirit of--
(i) the Agreement Between the
Government of the United States and the
Government of the Union of Soviet
Socialist Republics on the Prevention
of Incidents On and Over the High Seas,
done at Moscow May 25, 1972, and
entered into force May 25, 1972; and
(ii) the Agreement on the
Prevention of Dangerous Military
Activities Agreement, done at Moscow
June 12, 1989, and entered into force
January 1, 1990; and
(B) erode military transparency,
predictability, and trust;
(5) the United States remains committed to
upholding its current treaty obligations and
commitments with respect to conventional arms control
and confidence and security building measures; and
(6) the Secretary of Defense and the Secretary of
State should explore options, as practicable, for
updated or new frameworks for increasing military
transparency, stability, and reducing the risk of
miscalculation, including through enhanced diplomatic
engagement and military-to-military dialogue.
SEC. 1234. UNITED STATES PARTICIPATION IN OPEN SKIES TREATY.
(a) Notification Required.--Not later than 120 days before
the provision of notice of intent to withdraw the United States
from the Open Skies Treaty to either treaty depository pursuant
to Article XV of the Treaty, the Secretary of Defense and the
Secretary of State shall jointly submit to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a notification that--
(1) such withdrawal is in the best interests of the
United States national security; and
(2) the other state parties to the Treaty have been
consulted with respect to such withdrawal.
(b) Repeal of Limitation on Use of Funds to Vote to Approve
or Otherwise Adopt Any Implementing Decision of the Open Skies
Consultative Commission and Modifications to Report.--
(1) In general.--Section 1236 of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2491) is amended--
(A) by striking subsections (a) and (b);
and
(B) by redesignating subsections (c), (d),
(e), and (f) as subsections (a), (b), (c), and
(d), respectively.
(2) Modifications to report.--Subsection (a) of
such section, as so redesignated, is amended--
(A) in the heading, by striking
``Quarterly'' and inserting ``Annual'';
(B) in paragraph (1)--
(i) by inserting ``the Secretary of
State,'' before ``the Secretary of
Energy'';
(ii) by striking ``quarterly
basis'' and inserting ``annual basis'';
(iii) by striking ``by the Russian
Federation over the United States'' and
inserting ``by all parties to the Open
Skies Treaty, including the United
States, under the Treaty''; and
(iv) by striking ``calendar
quarter'' and inserting ``preceding
calendar year''; and
(C) in paragraph (2), by striking
subparagraphs (B), (C), and (D) and inserting
the following:
``(B) In the case of an observation flight
by the United States, including an observation
flight over the territory of Russia--
``(i) an analysis of data collected
that supports United States
intelligence and military collection
goals; and
``(ii) an assessment of data
collected regarding military activity
that could not be collected through
other means.
``(C) In the case of an observation flight
over the territory of the United States--
``(i) an analysis of whether and
the extent to which any United States
critical infrastructure was the subject
of image capture activities of such
observation flight;
``(ii) an estimate for the
mitigation costs imposed on the
Department of Defense or other United
States Government agencies by such
observation flight; and
``(iii) an assessment of how such
information is used by the parties
conducting the observation flight, for
what purpose, and how the information
fits into the overall collection
posture.''.
(3) Form.--Subsection (c) of such section, as so
redesignated, is amended by striking ``certification,
report, and notice'' and inserting ``report''.
(4) Definitions.--Subsection (d) of such section,
as so redesignated, is amended--
(A) by striking paragraphs (3) and (6); and
(B) by redesignating paragraphs (4), (5),
and (7) as paragraphs (3), (4), and (5),
respectively.
(c) Open Skies: Implementation Plan.--Section 1235(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``during such fiscal year''
and inserting ``during a calendar year''; and
(B) by striking ``the President submits''
and all that follows and inserting ``the
Secretary of Defense provides to the
appropriate congressional committees a report
on a plan described in paragraph (2) with
respect to such calendar year.'';
(2) in paragraph (2), by striking ``such fiscal
year'' and inserting ``such calendar year''; and
(3) in paragraph (3), by striking ``a fiscal year
and submit the updated plan'' and inserting ``a
calendar year and provide a report on the updated
plan''.
(d) Definition of Open Skies Treaty; Treaty.--In this
section, the term ``Open Skies Treaty'' or ``Treaty'' means the
Treaty on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002.
SEC. 1235. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND REPORTING
REQUIREMENTS RELATING TO NON-COMPLIANCE BY THE
RUSSIAN FEDERATION WITH ITS OBLIGATIONS UNDER THE
INF TREATY.
(a) Briefing Requirement.--Section 1244(d) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3565; 22 U.S.C. 2593a note) is amended--
(1) by striking ``At the time'' and inserting the
following:
``(1) In general.--At the time''; and
(2) by adding at the end the following new
paragraph:
``(2) Sunset.--The briefing requirement under
paragraph (1) shall be in effect so long as the INF
Treaty remains in force.''.
(b) Notification Requirement Relating to Coordination With
Allies.--Section 1243(c) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1601) is
amended by adding at the end the following new paragraph:
``(3) Sunset.--The notification requirement under
paragraph (1) shall be in effect so long as the INF
Treaty remains in force.''.
(c) Notification Requirement Relating to Development,
Deployment, or Test of a System Inconsistent With INF Treaty.--
Section 1244(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1673; 22 U.S.C.
2593a note) is amended by adding at the end the following new
paragraph:
``(3) Sunset.--The notification requirement under
paragraph (1) shall be in effect so long as the INF
Treaty remains in force.''.
(d) Reporting Requirement Under Ukraine Freedom Support Act
of 2014.--Section 10(c) of the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8929) is amended by adding at the end the
following new paragraph:
``(3) Sunset.--The reporting requirement under
paragraph (1) shall be in effect so long as the INF
Treaty remains in force.''.
SEC. 1236. REPORT ON TREATIES RELATING TO NUCLEAR ARMS CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on
Armed Services and House Committee on Foreign Affairs
wrote to the Secretary of Defense requesting
information regarding the Administration's policies and
strategies related to nuclear arms control.
(2) The Committees did not receive the requested
information from the Secretary of Defense.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the Committee on Armed
Services, the Permanent Select Committee on Intelligence, and
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on Foreign
Relations of the Senate an assessment that includes each of the
following:
(1) The implications, in terms of military threat
to the United States or its allies in Europe, of
Russian deployment of intermediate-range cruise and
ballistic missiles without restriction.
(2) What new capabilities the United States might
need in order to pursue additional technologies or
programs to offset such Russian capabilities, and the
costs associated with such capabilities, technologies,
and programs.
(3) An assessment of the threat to the United
States of Russia's strategic nuclear force in the event
the New START Treaty lapses.
(4) What measures could have been taken short of
withdrawal, including economic, military, and
diplomatic options, to increase pressure on Russia for
violating the INF Treaty.
(5) The status of all consultations with allies
pertaining to the INF Treaty and the threat posed by
Russian forces that are noncompliant with the
obligations of such treaty.
(6) The impact that Russian withdrawal from the INF
Treaty and the expiration of the New START Treaty could
have on long-term United States-Russia strategic
stability.
(c) Withholding of Funds.--Until the date of the submission
of the assessment required by subsection (b), an amount that is
equal to 20 percent of the total amount authorized to be
appropriated to the Office of the Secretary of Defense under
the Operations and Maintenance, Defense-Wide account for the
travel of persons shall be withheld from obligation or
expenditure.
(d) Definitions.--In this section:
(1) New start treaty.--The term ``New START
Treaty'' means the Treaty between the United States of
America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive
Arms, signed at Prague April 8, 2010, and entered into
force February 5, 2011.
(2) Inf treaty.--The term ``INF Treaty'' means the
Treaty between the United States of America and the
Union of Soviet Socialist Republics on the Elimination
of Their Intermediate-Range and Shorter-Range Missiles,
signed at Washington December 8, 1987, and entered into
force June 1, 1988.
SEC. 1237. REPORTS RELATING TO THE NEW START TREATY.
(a) Sense of Congress.--It is the sense of Congress that
legally binding, verifiable limits on Russian strategic nuclear
forces are in the national security interest of the United
States.
(b) Prior Notification for Withdrawal.--Not later than 120
days before the provision to Russia, pursuant to Article XIV of
the New Start Treaty, of notice of intent to withdraw the
United States from the Treaty, the Secretary of Defense and the
Secretary of State shall jointly submit to the congressional
defense committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a notification that includes a
description of the extraordinary events jeopardizing the United
States' supreme interests accompanying such notice of intent to
withdraw in accordance with the requirements of such Article
XIV.
(c) Assessments From Director of National Intelligence.--
(1) Relating to expiration of new start treaty.--
Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence
shall submit to the appropriate congressional
committees an assessment of the implications of the
expiration of the New START Treaty without the United
States and Russia having entered into a new arms
control agreement. The assessment shall include the
following elements:
(A) An assessment of possible changes to
the Russian nuclear force structure through
2026, if the Treaty expires in 2021 without
replacement, including Russia's ability and
intent to deploy strategic nuclear warheads and
delivery vehicles above the central limits of
the Treaty and with respect to possible future
strategic nuclear weapons research and
development programs.
(B) An assessment of the verification and
transparency benefits of the Treaty and a
description of the Treaty's impact on the
United States' understanding of Russia's
nuclear forces.
(C) An assessment of what actions would be
necessary for the United States to remediate
the loss of the Treaty's verification and
transparency benefits if the Treaty is not
extended and a new arms control agreement is
not concluded, and an estimate of the remedial
resources required to ensure no concomitant
loss of understanding of Russia's nuclear
forces as practicable.
(2) Relating to russia's willingness to engage in
nuclear arms control negotiations.--Not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the
appropriate congressional committees an assessment of
Russia's willingness to engage in nuclear arms control
negotiations and Russia's priorities in these
negotiations. The assessment shall include the
following elements:
(A) An assessment of Russia's willingness
to extend the New START Treaty and its likely
negotiating position to discuss such an
extension with the United States.
(B) An assessment of Russia's interest in
negotiating a broader arms control agreement
that would include nuclear weapons systems not
accountable under the New START Treaty,
including non-strategic nuclear weapons.
(C) An assessment of what concessions
Russia would likely seek from the United States
during such negotiations, including what
additional United States' military capabilities
Russia would seek to limit, in any broader arms
control negotiation.
(D) Any other matter the Director
determines to be relevant.
(d) Reports and Briefing From Secretary of State.--
(1) Relating to nato, nato member countries, and
other united states allies.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of State, in consultation with the Secretary
of Defense, shall submit a report and provide a
briefing to the appropriate congressional committees
that includes--
(A) an assessment of the likely reactions
of the North Atlantic Treaty Organization
(NATO), NATO member countries, and other United
States allies and partners to the expiration of
the New START Treaty without the entry into
force of a new nuclear arms control agreement
between the United States and Russia; and
(B) a description of the consultations
undertaken with allies relating to the Treaty.
(2) Relating to ongoing implementation of the new
start treaty.--Not later than 60 days after the date of
the enactment of this Act, and again not later than
September 1, 2020, the Secretary of State, in
consultation with the Secretary of Defense, shall
submit a report to the appropriate congressional
committees with an assessment of the following
elements:
(A) Whether the Russian Federation remains
in compliance with its obligations under the
New START Treaty.
(B) Whether continuing implementation of
the New START Treaty remains in the national
security interest of the United States.
(3) Relating to other matters.--Not later than 90
days after the date of the enactment of this Act, and
every 180 days thereafter until the New START Treaty is
extended beyond February 2021 or expires, the Secretary
of State, in consultation with the Secretary of
Defense, shall provide a briefing to the appropriate
congressional committees that includes the following
elements:
(A) A description of any discussions with
Russia on the Treaty or a multilateral arms
control treaty with Russia and other countries
on the reduction and limitation of strategic
offensive arms, and discussions addressing the
disparity between the non-strategic nuclear
weapons stockpiles of Russia and of the United
States, at the Assistant Secretary level,
Ambassadorial level, or higher.
(B) The dates, locations, discussion
topics, and Russian interlocutors involved in
those discussions.
(C) An identification of the United States
Government departments and agencies involved in
the discussions.
(D) The types of systems, both nuclear and
nonnuclear, discussed by either side in such
discussions as the potential subjects of an
agreement.
(E) Whether formal negotiations to extend
the Treaty or negotiate a new agreement have
occurred.
(e) Report and Briefing From Secretary of Defense.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Energy,
shall submit a report to the congressional defense
committees that includes an assessment of the manner
and extent to which the United States nuclear force
structure could change if the New START Treaty expires
in 2021, including current and planned nuclear
modernization programs, and associated costs.
(2) Additional report upon expiration.--Not later
than April 5, 2021, the Secretary of Defense, in
consultation with the Secretary of Energy, shall, if
the New START Treaty has expired prior to such date,
submit a plan describing the manner in which the United
States nuclear force structure will change, including
current and planned nuclear modernization programs and
associated costs.
(f) Form.--Each report, plan, or assessment required by
this section shall be submitted in unclassified form, but may
include a classified annex.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, and the Permanent
Select Committee on Intelligence of the House
of Representatives.
(2) New start treaty; treaty.--The terms ``New
START Treaty'' and ``Treaty'' mean the Treaty between
the United States of America and the Russian Federation
on Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed on April 8, 2010, and
entered into force on February 5, 2011.
SEC. 1238. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN FEDERATION AND
THE PEOPLE'S REPUBLIC OF CHINA IN THE ARCTIC
REGION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the appropriate
committees of Congress the following:
(1) A report on any military activities of the
Russian Federation in the Arctic region.
(2) A report on any military activities of the
People's Republic of China in the Arctic region.
(b) Matters to Be Included.--The reports under subsection
(a) shall include, with respect to the Russian Federation or
the People's Republic of China, as applicable, the following:
(1) A description of military activities of such
country in the Arctic region, including--
(A) the emplacement of military
infrastructure, equipment, or forces;
(B) any exercises or other military
activities; and
(C) activities that are non-military in
nature, but are considered to have military or
other strategic implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities
affect or threaten the interests of the United
States and allies in the Arctic region; and
(C) any response to such activities by the
United States or allies.
(3) A description of future plans and requirements
with respect to such activities.
(c) Form.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified
executive summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Appropriations,
and the Select Committee on Intelligence of the Senate;
and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Appropriations,
and the Permanent Select Committee on Intelligence of
the House of Representatives.
SEC. 1239. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN INFLUENCE
BY THE RUSSIAN FEDERATION AND OTHER COUNTRIES.
(a) In General.--The Secretary of Defense and the Secretary
of State, in coordination with the appropriate United States
Government officials, shall jointly update, with the additional
elements described in subsection (b), the comprehensive
strategy to counter the threat of malign influence developed
pursuant to section 1239A of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1667).
(b) Additional Elements.--The updated strategy required
under subsection (a) shall include the following:
(1) With respect to each element specified in
paragraphs (1) through (7) of subsection (b) of such
section 1239A, actions to counter the threat of malign
influence operations by the People's Republic of China
and any other country engaged in significant malign
influence operations.
(2) A description of the interagency organizational
structures and procedures for coordinating the
implementation of the comprehensive strategy for
countering malign influence by the Russian Federation,
China, and any other country engaged in significant
malign influence operations.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report detailing the updated strategy
required under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' has
the meaning given the term in subsection (e) of such section
1239A.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO)
is critical to achieving United States national
security interests and defense objectives around the
world;
(2) NATO is the most successful military alliance
in history, founded on the principles of democracy,
individual liberty, and the rule of law, and its
contributions to the collective defense are
indispensable to the security, prosperity, and freedom
of its members;
(3) membership in NATO is a cornerstone of the
security and national defense of the United States;
(4) the United States commitment to the NATO
alliance has been foundational to the rules-based
international order for seven decades, helping to
sustain a system of mutual security and shared values
and enhance the United States security through common
defense;
(5) the United States must remain ironclad in its
commitment to uphold its obligations under the North
Atlantic Treaty, including Article 5 of such Treaty;
(6) the United States should deepen strategic and
defense cooperation with non-NATO European partners,
and encourage NATO cooperation with such partners;
(7) the United States should encourage defense
cooperation that complements and strengthens NATO
collective defense, interoperability, and allies'
commitment to Article 3 of the North Atlantic Treaty;
and
(8) the United States should pursue a long-term
policy to strengthen relationships with NATO allies,
oppose efforts to undermine and divide the NATO
alliance, invest in long-term efforts to deter
aggression against NATO allies and counter campaigns
aimed at eroding shared values of the alliance, and
enhance interoperability and planning for collective
defense.
SEC. 1242. PROHIBITION ON THE USE OF FUNDS TO SUSPEND, TERMINATE, OR
PROVIDE NOTICE OF DENUNCIATION OF THE NORTH
ATLANTIC TREATY.
Notwithstanding any other provision of law, no funds may be
obligated, expended, or otherwise made available during the
period beginning on the date of the enactment of this Act and
ending on December 31, 2020, to take any action to suspend,
terminate, or provide notice of denunciation of the North
Atlantic Treaty, done at Washington, D.C. on April 4, 1949.
SEC. 1243. FUTURE YEARS PLANS AND PLANNING TRANSPARENCY FOR THE
EUROPEAN DETERRENCE INITIATIVE.
(a) Amendments.--Section 1273 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1696) is amended as follows:
(1) In the section heading, by striking ``plan''
and inserting ``plans''.
(2) In subsection (a) to read as follows:
``(a) Initial Plan.--Not later than December 31, 2019, the
Secretary of Defense, in consultation with the Commander of the
United States European Command, shall submit to the
congressional defense committees a future years plan on
activities and resources of the European Deterrence Initiative
(EDI) for fiscal year 2020 and not fewer than the four
succeeding fiscal years.''.
(3) Matters to be included.--In subsection (b)--
(A) in paragraph (1) to read as follows:
``(1) A description of the objectives of the EDI,
including a description of--
``(A) the intended force structure and
posture of the assigned and allocated forces
within the area of responsibility of the United
States European Command for the last fiscal
year of the plan; and
``(B) the manner in which such force
structure and posture support the
implementation of the National Defense
Strategy.'';
(B) in paragraph (5), by striking
``required infrastructure investments'' and
inserting ``required infrastructure and
military construction investments''; and
(C) in paragraph (8)--
(i) in subparagraph (E), by
striking ``and'' at the end;
(ii) in subparagraph (F), by
striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the
following:
``(G) a detailed assessment of the
resources necessary to achieve the requirements
of the plan, including specific cost estimates
for each project under the EDI to support
increased presence, exercises and training,
enhanced prepositioning, improved
infrastructure, and building partnership
capacity;
``(H) a detailed timeline to achieve the
force posture and capabilities, including
permanent force posture requirements; and
``(I) a detailed explanation of any
significant modifications to activities and
resources as compared to the future years plan
on activities and resources of the EDI
submitted for the previous year.''.
(4) By redesignating subsections (c) and (d) as
subsections (d) and (e), respectively.
(5) By inserting after subsection (b) the
following:
``(c) Subsequent Plans.--
``(1) In general.--Not later than the date on which
the Secretary of Defense submits to Congress the budget
request for the Department of Defense for fiscal year
2021 and each fiscal year thereafter, the Secretary, in
consultation with the Commander of the United States
European Command, shall submit to the congressional
defense committees a future years plan on activities
and resources of the European Deterrence Initiative for
such fiscal year and not fewer than the four succeeding
fiscal years.
``(2) Matters to be included.--The plan required
under paragraph (1) shall include--
``(A) the matters described in subsection
(b); and
``(B) a detailed explanation of any
significant modifications in requirements or
resources, as compared to the plan submitted
under such subsection (b).''.
(6) In subsection (d), as redesignated, by striking
``The plan required under subsection (a)'' and
inserting ``The plans required under subsections (a)
and (c)''.
(7) In subsection (e), as redesignated, by striking
``Limitations'' and all that follows through ``In the
case of'' and inserting ``Limitations.--In the case
of''.
(b) Budget Display Information.--The Secretary of Defense
shall include in the materials submitted to Congress by the
Secretary in support of the budget of the President for fiscal
year 2021 and each fiscal year thereafter (as submitted under
section 1105 of title 31, United States Code), a detailed
budget display for the European Deterrence Initiative that
includes the following information (regardless of whether the
funding line is for overseas contingency operations):
(1) With respect to procurement accounts--
(A) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(B) a description of the requirements for
each such amounts specific to the Initiative.
(2) With respect to research, development, test,
and evaluation accounts--
(A) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(B) a description of the requirements for
each such amounts specific to the Initiative.
(3) With respect to operation and maintenance
accounts--
(A) amounts displayed by account title,
budget activity title, line number, and
subactivity group title; and
(B) a description of how such amounts will
specifically be used.
(4) With respect to military personnel accounts--
(A) amounts displayed by account, budget
activity, budget subactivity, and budget
subactivity title; and
(B) a description of the requirements for
each such amounts specific to the Initiative.
(5) With respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount by fiscal year.
(c) End of Fiscal Year Report.--Not later than November 30,
2020, and annually thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains--
(1) a detailed summary of funds obligated for the
European Deterrence Initiative for the preceding fiscal
year; and
(2) a detailed comparison of funds obligated for
the European Deterrence Initiative for the preceding
fiscal year to amounts requested for the Initiative for
that fiscal year in the materials submitted to Congress
by the Secretary in support of the budget of the
President for that fiscal year as required by
subsection (c), including with respect to each of the
accounts described in paragraphs (1), (2), (3), (4),
and (5) of subsection (b) and the information required
under each such paragraph.
(d) Interim Briefing.--Not later than March 30, 2021, and
annually thereafter, the Secretary of Defense shall provide the
congressional defense committees with an interim briefing on
the status of all matters covered by the end of fiscal year
report required by section (c).
SEC. 1244. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (a), by striking ``in
coordination with the Secretary of State'' and
inserting ``with the concurrence of the Secretary of
State'';
(2) in subsection (b)--
(A) by amending paragraph (11) to read as
follows:
``(11) Air defense and coastal defense radars, and
systems to support effective command and control and
integration of air defense and coastal defense
capabilities.'';
(B) by redesignating paragraphs (14) and
(15) as paragraphs (15) and (16), respectively;
(C) by inserting after paragraph (13) the
following:
``(14) Coastal defense and anti-ship missile
systems.''; and
(D) in paragraph (15), as so redesignated,
by striking ``paragraphs (1) through (13)'' and
inserting ``paragraphs (1) through (14)'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``50
percent of the funds available for fiscal year
2019 pursuant to subsection (f)(4)'' and
inserting ``50 percent of the funds available
for fiscal year 2020 pursuant to subsection
(f)(5)'';
(B) in paragraph (3), by striking ``fiscal
year 2019'' and inserting ``fiscal year 2020'';
and
(C) in paragraph (5), by striking ``Of the
funds available for fiscal year 2019 pursuant
to subsection (f)(4)'' and inserting ``Of the
funds available for fiscal year 2020 pursuant
to subsection (f)(5)'';
(4) in subsection (f), by adding at the end the
following:
``(5) For fiscal year 2020, $300,000,000.''; and
(5) in subsection (h), by striking ``December 31,
2021'' and inserting ``December 31, 2022''.
SEC. 1245. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) Limitation.--None of the funds authorized to be
appropriated or otherwise made available for the Department of
Defense may be used to do the following, and the Department may
not otherwise do the following:
(1) Transfer, facilitate the transfer, or authorize
the transfer of, any F-35 aircraft or related support
equipment or parts to Turkey.
(2) Transfer intellectual property, technical data,
or material support necessary for, or related to, any
maintenance or support of the F-35 aircraft necessary
to establish Turkey's indigenous F-35 capability.
(3) Construct a storage facility for, or otherwise
facilitate the storage in Turkey of, any F-35 aircraft
transferred to Turkey.
(b) Waiver.--
(1) Certification.--The Secretary of Defense,
jointly with the Secretary of State, may waive the
limitation under subsection (a) only if the Secretaries
submit to the appropriate committees of Congress a
written certification that contains a determination by
the Secretaries, and any relevant documentation on
which the determination is based, that the Government
of Turkey, having previously accepted delivery of the
S-400 air and missile defense system from the Russian
Federation--
(A) no longer possesses the S-400 air and
missile defense system or any other equipment,
materials, or personnel associated with such
system;
(B) has provided credible assurances that
the Government of Turkey will not in the future
accept delivery of such system; and
(C) has not, since July 31, 2019, purchased
or accepted delivery of defense equipment from
the Russian Federation in addition to the S-400
air and missile defense system that would
increase the risk of compromising the
capabilities of the F-35 aircraft and its
associated systems.
(2) Notice and wait requirement.--The Secretary of
Defense and the Secretary of State may not waive the
limitation under subsection (a) until 90 days after the
date on which the Secretaries submit the certification
under paragraph (1).
(c) Sense of Congress.--It is the sense of Congress that--
(1) Turkey's possession of the S-400 air and
missile defense system adversely affects the national
security of Turkey, the United States, and all members
of the North Atlantic Treaty Alliance;
(2) the United States offer of the Patriot air and
missile defense system to Turkey constituted a viable
alternative to Turkey's acquisition of the S-400 air
and missile defense system;
(3) acceptance of the S-400 air and missible
defense system by Turkey constitutes a significant
transaction within the meaning of section 231(a) of the
Countering Russian Influence in Europe and Eurasia Act
of 2017 (22 U.S.C. 9525(a)); and
(4) the President should implement the Countering
Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 131 Stat. 886) by imposing and
applying sanctions under section 235 of that Act (22
U.S.C. 9529) with respect to any individual or entity
determined to have engaged in such significant
transaction as if such person were a sanctioned person
for purposes of such section.
(d) Authorization of Expenditure.--
(1) In general.--The Secretary of Defense is
authorized--
(A) to fly up to 6 Turkish F-35 aircraft
(tail numbers AT-1 thru AT-6) to a storage
location in the United States; and
(B) to induct these aircraft into a long-
term storage condition.
(2) Storage, plan, and disposition of aircraft and
equipment.--The Secretary of Defense may expend up to
$30,000,000 of funds authorized to be appropriated for
fiscal year 2020 for the Department of Defense to
conduct activities associated with storage,
preservation, and developing a plan for the final
disposition of such F-35 aircraft and Turkish F-35
aircraft equipment, including full mission simulators,
helmet mounted display systems, air system maintenance
trainer, and ancillary mission equipment, as a result
of efforts taken by the United States to limit, reduce,
or terminate Turkey's status as a member of the F-35
Joint Strike Fighter cooperative program.
(3) Report required.--Not later than 90 days after
the enactment of this Act, the Secretary of Defense
shall provide to the congressional defense committees a
report outlining the long-term plan for the disposition
of such assets, including options for recovery of costs
from Turkey and for unilateral use of such assets by
the Department of Defense.
(4) Notification required.--Not later than 15 days
before any expenditure of funds in an amount of
$15,000,000 or more pursuant to the authority described
in paragraph (1), the Secretary shall provide to the
congressional defense committees a written notification
describing the activities to be conducted.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1246. BALTIC DEFENSE ASSESSMENT; EXTENSION AND MODIFICATION OF
SECURITY ASSISTANCE FOR BALTIC COUNTRIES FOR JOINT
PROGRAM FOR INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) Baltic Defense Assessment.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense
and the Secretary of State shall jointly conduct a
comprehensive, multilateral assessment of the military
requirements of Lithuania, Latvia, and Estonia to deter and
resist aggression by Russia that--
(1) provides an assessment of past and current
initiatives to improve the efficiency, effectiveness,
readiness and interoperability of Lithuania, Latvia,
and Estonia's national defense capabilities; and
(2) assesses the manner in which to achieve such
improvements, including future resource requirements
and recommendations, by undertaking activities in the
following areas:
(A) Activities to increase the rotational
and forward presence, improve the capabilities,
and enhance the posture and response readiness
of the United States or NATO forces in the
Baltic region.
(B) Activities to improve air defense
systems, including modern air-surveillance
capabilities.
(C) Activities to improve counter-unmanned
aerial system capabilities.
(D) Activities to improve command and
control capabilities through increasing
communications, technology, and intelligence
capacity and coordination, including secure and
hardened communications.
(E) Activities to improve intelligence,
surveillance, and reconnaissance capabilities.
(F) Activities to enhance maritime domain
awareness.
(G) Activities to improve military and
defense infrastructure, logistics, and access,
particularly transport of military supplies and
equipment.
(H) Investments to ammunition stocks and
storage.
(I) Activities and training to enhance
cyber security and electronic warfare
capabilities.
(J) Bilateral and multilateral training and
exercises.
(K) New and existing cost-sharing
mechanisms with United States and NATO allies
to reduce financial burden.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State jointly shall submit to the appropriate
congressional committees a report, which shall be submitted in
unclassified form but may include a classified annex, that
includes each of the following:
(1) A report on the findings of the assessment
conducted pursuant to subsection (a).
(2) A list of any recommendations resulting from
such assessment.
(3) An assessment of the resource requirements to
achieve the objectives described in subsection (a)(1)
with respect to the national defense capability of
Baltic countries, including potential investments by
host countries.
(4) A plan for the United States to use appropriate
security cooperation authorities or other authorities
to--
(A) facilitate relevant recommendations
included in the list described in paragraph
(2);
(B) expand joint training between the Armed
Forces and the military of Lithuania, Latvia,
or Estonia, including with the participation of
other NATO allies; and
(C) support United States foreign military
sales and other equipment transfers to Baltic
countries, especially for the activities
described in subparagraphs (A) through (I) of
subsection (a)(2).
(5) A comprehensive list of authorities and funding
sources used for security cooperation with the Baltic
countries, including--
(A) a description of the funds made
available and used to provide assistance
through each authority, if any, during the last
two years;
(B) whether the authority to provide
assistance pursuant to section 1279D of the
National Defense Authorization Act for Fiscal
Year 2018 (22 U.S.C. 2753 note) was used, and
whether any alternative authorities exist under
which the Secretary can provide such
assistance; and
(C) a determination whether any new
authorities or funds are needed to achieve the
objectives described in subsection (a)(1).
(c) Modification of Security Assistance Authorities.--
Subsection (c) of section 1279D of the National Defense
Authorization Act for Fiscal Year 2018 (22 U.S.C. 2753 note) is
amended by inserting after paragraph (4) the following:
``(5) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance (C4ISR)
equipment.''.
(d) Funding.--Subsection (f) of such section 1279D is
amended--
(1) in paragraph (2), by striking ``$100,000,000''
and inserting ``$125,000,000''; and
(2) by adding at the end the following new
paragraph:
``(3) Matching amount.--The amount of assistance
provided under subsection (a) for procurement described
in subsection (b) may not exceed the aggregate amount
contributed to such procurement by the Baltic
nations.''.
(e) Extension.--Subsection (g) of such section 1279D is
amended by striking ``December 31, 2020'' and inserting
``December 31, 2021''.
(f) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of
the House of Representatives.
SEC. 1247. EXTENSION OF AUTHORITY FOR AND REPORT ON TRAINING FOR
EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE
COURSE OF MULTILATERAL EXERCISES.
(a) Extension.--Subsection (h) of section 1251 of the
National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 333 note) is amended--
(1) in the first sentence, by striking ``December
31, 2020'' and inserting ``December 31, 2021''; and
(2) in the second sentence, by striking ``for for
the period beginning on October 1, 2015, and ending on
December 31, 2020'' and inserting ``for the period
beginning on October 1, 2015, and ending on December
31, 2021''.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Commander of United
States European Command, shall submit to the
congressional defense committees a report on the
authority for training Eastern European national
security forces in the course of multilateral exercises
under the authority of such section.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) For each recipient country, a
description of--
(i) the training provided pursuant
to such authority beginning in fiscal
year 2016; and
(ii) payments of incremental
expenses incurred by the country as the
direct result of such training.
(B) A description of the elements of the
U.S. European Command theater campaign plan
advanced by such authority.
(C) An assessment whether the training and
payment of the incremental expenses incurred by
each recipient country as the direct result of
participation in such training could be
provided pursuant to other training or security
cooperation authorities of the Department of
Defense.
(D) Any recommendations of the Secretary of
Defense regarding such authority.
(E) Any other matter the Secretary of
Defense considers appropriate.
SEC. 1248. EXTENSION AND MODIFICATION OF NATO SPECIAL OPERATIONS
HEADQUARTERS.
(a) Authorization.--Subsection (a) of section 1244 of the
National Defense Authorization Act for Fiscal Year 2010 (Public
Law 111-84; 123 Stat. 2541) is amended by striking ``2020'' and
inserting ``2024''.
(b) Repeal of Certification; Limitation.--Such section is
amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (b) the following
new subsection:
``(c) Limitation.--Of the amounts made available under
subsection (a) for fiscal year 2020, not more than 90 percent
of such amounts may be obligated or expended until the
Secretary of Defense, acting through the Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict,
submits to the congressional defense committees a report on the
decision to realign responsibilities for overseeing and
supporting NSHQ from U.S. Special Operations Command to U.S.
European Command, including--
``(1) a justification and description of the impact
of such realignment; and
``(2) a description of how such realignment will
strengthen the role of the NSHQ in fostering special
operations capabilities within NATO.''.
(c) Annual Report.--Such section, as so amended, is further
amended by adding at the end the following new subsection:
``(d) Annual Report.--Not later than March 1 of each year
until 2024, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report regarding support for the
NSHQ. Each report shall include the following:
``(1) The total amount of funding provided by the
United States and other NATO nations to the NSHQ for
operating costs of the NSHQ.
``(2) A description of the activities carried out
with such funding, including--
``(A) the amount of funding allocated for
each such activity;
``(B) the extent to which other NATO
nations participate in each such activity;
``(C) the extent to which each such
activity is carried out in coordination or
cooperation with the Joint Special Operations
University;
``(D) the extent to which each such
activity is carried out in relation to other
security cooperation activities, exercises, or
operations of the Department of Defense;
``(E) the extent to which each such
activity is designed to meet the purposes set
forth in paragraphs (1) through (5) of
subsection (b); and
``(F) an assessment of the extent to which
each such activity will promote the mission of
the NSHQ.
``(3) Other contributions, financial or in kind,
provided by the United States and other NATO nations in
support of the NSHQ.
``(4) Any other matters that the Secretary of
Defense considers appropriate.''.
SEC. 1249. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCE COMMAND.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2350n North Atlantic Treaty Organization Joint Force Command
``(a) Authorization.--The Secretary of Defense shall
authorize the establishment of, and the participation by
members of the armed forces in, the North Atlantic Treaty
Organization Joint Force Command (in this section referred to
as the `Joint Force Command'), to be established in the United
States.
``(b) Use of Department of Defense Facilities and
Equipment.--The Secretary may use facilities and equipment of
the Department of Defense to support the Joint Force Command.
``(c) Availability of Funds.--Amounts authorized to be
appropriated to the Department of Defense shall be available to
carry out the purposes of this section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new
item:
``2350n. North Atlantic Treaty Organization Joint Force Command.''.
SEC. 1250. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS
INITIATIVE.
(a) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense committees
a report on the North Atlantic Treaty Organization (NATO)
Readiness Initiative, which shall include assessments of the
following:
(1) The number of units North Atlantic Treaty
Organization allies have pledged against the benchmark
to provide an additional 30 air attack squadrons, 30
naval combat vessels, and 30 mechanized battalions
ready to fight in not more than 30 days.
(2) The procedure by which the North Atlantic
Treaty Organization certifies, reports, and ensures
that the Supreme Allied Commander Europe (SACEUR)
maintains a detailed understanding of the readiness of
the forces described in paragraph (1).
(3) The North Atlantic Treaty Organization plan to
maintain the readiness of such forces in future years.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1250A. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED
STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer
of arms subject to the United States Munitions List
(part 121 of title 22, Code of Federal Regulations) to
the Republic of Cyprus would advance United States
security interests in Europe by helping to reduce the
dependence of the Government of the Republic of Cyprus
on other countries, including countries that pose
challenges to United States interests around the world,
for defense-related materiel; and
(2) it is in the interest of the United States to
continue to support United Nations-facilitated efforts
toward a comprehensive solution to the division of
Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended--
(1) in paragraph (1), by striking ``Any agreement''
and inserting ``Except as provided in paragraph (3),
any agreement''; and
(2) by adding at the end the following new
paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense
article or defense service is the Government of the Republic of
Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus
From Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and
except as provided in paragraph (2), beginning on the
date of the enactment of this Act, the Secretary of
State shall not apply a policy of denial for exports,
re-exports, or transfers of defense articles and
defense services destined for or originating in the
Republic of Cyprus if--
(A) the request is made by or on behalf of
the Government of the Republic of Cyprus; and
(B) the end-user of such defense articles
or defense services is the Government of the
Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to
any denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United
States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports,
re-exports, or transfers of defense articles on the
United States Munitions List to the Republic of Cyprus
shall remain in place unless the President determines
and certifies to the appropriate congressional
committees not less than annually that--
(A) the Government of the Republic of
Cyprus is continuing to cooperate with the
United States Government in efforts to
implement reforms on anti-money laundering
regulations and financial regulatory oversight;
and
(B) the Government of the Republic of
Cyprus has made and is continuing to take the
steps necessary to deny Russian military
vessels access to ports for refueling and
servicing.
(2) Waiver.--The President may waive the
limitations contained in this subsection for one fiscal
year if the President determines that it is essential
to the national security interests of the United States
to do so.
(3) Appropriate congressional committees defined.--
In this section, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations and
the Committee on Armed Services of the Senate;
and
(B) the Committee on Foreign Affairs and
the Committee on Armed Services of the House of
Representatives.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE.
(a) Types of Assistance and Training.--Subsection (c)(2)(A)
of section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2282 note) is amended by inserting
``the law of armed conflict, the rule of law, and'' after
``respect for''.
(b) Notice to Congress on Assistance and Training.--
Subsection (g)(1) of such section is amended--
(1) in subparagraph (A), by inserting at the end
before the period the following: ``, the specific unit
or units whose capacity to engage in activities under a
program of assistance or training to be provided under
subsection (a) will be built under the program, and the
amount, type, and purpose of the support to be
provided'';
(2) by redesignating subparagraph (F) as
subparagraph (J); and
(3) by inserting after subparagraph (E) the
following new subparagraphs:
``(F) Information, including the amount,
type, and purpose, on assistance and training
provided under subsection (a) during the three
preceding fiscal years, if applicable.
``(G) A description of the elements of the
theater campaign plan of the geographic
combatant command concerned and the interagency
integrated country strategy that will be
advanced by the assistance and training
provided under subsection (a).
``(H) A description of whether assistance
and training provided under subsection (a)
could be provided pursuant to--
``(i) section 333 of title 10,
United States Code, or other security
cooperation authorities of the
Department of Defense; or
``(ii) security cooperation
authorities of the Department of State.
``(I) An identification of each such
authority described in subparagraph (H).''.
(c) Annual Monitoring Reports.--Such section is amended--
(1) by redesignating subsection (h) as subsection
(j); and
(2) by inserting after subsection (g) the following
new subsection:
``(h) Annual Monitoring Reports.--
``(1) In general.--Not later than March 1, 2020,
and annually thereafter, the Secretary of Defense shall
submit to the appropriate committees of Congress a
report setting forth, for the preceding calendar year,
the following:
``(A) An assessment, by recipient foreign
country, of--
``(i) the country's capabilities
relating to maritime security and
maritime domain awareness;
``(ii) the country's capability
enhancement priorities, including how
such priorities relate to the theater
campaign strategy, country plan, and
theater campaign plan relating to
maritime security and maritime domain
awareness;
``(B) A discussion, by recipient foreign
country, of--
``(i) priority capabilities that
the Department of Defense plans to
enhance under the authority under
subsection (a) and priority
capabilities the Department plans to
enhance under separate United States
security cooperation and security
assistance authorities; and
``(ii) the anticipated timeline for
assistance and training for each such
capability.
``(C) Information, by recipient foreign
country, on the status of funds allocated for
assistance and training provided under
subsection (a), including funds allocated but
not yet obligated or expended.
``(D) Information, by recipient foreign
country, on the delivery and use of assistance
and training provided under subsection (a).
``(E) Information, by recipient foreign
country, on the timeliness of the provision of
assistance and training under subsection (a) as
compared to the timeliness of the provision of
assistance and training previously provided to
the foreign country under subsection (a).
``(F) A description of the reasons the
Department of Defense chose to utilize the
authority for assistance and training under
subsection (a) in the preceding calendar year.
``(G) An explanation of any impediments to
timely obligation or expenditure of funds
allocated for assistance and training under
subsection (a) or any significant delay in the
delivery of such assistance and training.
``(2) Appropriate committees of congress defined.--
In this subsection, the term `appropriate committees of
Congress' has the meaning given the term in subsection
(g)(2).''.
(d) Limitation.--Such section, as so amended, is further
amended by inserting after subsection (h), as added by
subsection (c)(2), the following:
``(i) Limitation.--The provision of assistance and training
pursuant to a program under subsection (a) shall be subject to
the provisions of section 383 of title 10, United States
Code.''.
SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE AND
LIMITATION ON USE OF FUNDS.
(a) Expansion of Recipient Countries.--Subsection (b) of
section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended by adding at
the end the following new paragraphs:
``(8) The Federated States of Micronesia.
``(9) The Independent State of Samoa.
``(10) The Kingdom of Tonga.
``(11) Papua New Guinea.
``(12) The Republic of Fiji.
``(13) The Republic of Kiribati.
``(14) The Republic of the Marshall Islands.
``(15) The Republic of Nauru.
``(16) The Republic of Palau.
``(17) The Republic of Vanuatu.
``(18) The Solomon Islands.
``(19) Tuvalu.''.
(b) Limitation on Use of Funds.--
(1) In general.--None of the funds authorized to be
appropriated for the Indo-Pacific Maritime Security
Initiative under such section may be obligated or
expended to provide training or assistance to a
recipient country described in any of paragraphs (8)
through (19) of subsection (b) of such section until
the date on which the Secretary of Defense, with the
concurrence of the Secretary of State, submits to the
appropriate committees of Congress a report on security
cooperation with and security assistance to such
countries.
(2) Report.--The report referred to in paragraph
(1) shall include the following:
(A) An identification of elements of the
theater campaign plan of the geographic
combatant command concerned and the interagency
integrated country strategy that will be
advanced by expansion of security cooperation
and assistance programs and activities to such
recipient countries.
(B) An assessment of the capabilities, and
a description of the capability enhancement
priorities, of each such country.
(C) A description of the manner in which
United States security cooperation and
assistance authorities, including assistance
provided pursuant to other security cooperation
authorities of the Department of Defense or
security assistance authorities of the
Department of State, may be used to enhance the
priority capabilities of each such country.
(D) A description, as appropriate, of the
manner in which the Secretary of Defense,
together with the Secretary of State, shall
ensure that security cooperation with and
security assistance to such countries
complement regional engagement efforts
undertaken by United States allies, including
the Pacific Step-Up efforts of the Government
of Australia and the ``Pacific Reset'' efforts
of the Government of New Zealand.
(E) A description of absorption capacity
and sustainability issues for each such country
and a plan to resolve such issues.
(F) An identification of the estimated
annual cost for such assistance and training
for fiscal years 2020 through 2025.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the
Subcommittee on State, Foreign Operations, and Related
Programs of the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs and the
Subcommittee on State, Foreign Operations, and Related
Programs of the Committee on Appropriations of the
House of Representatives.
SEC. 1253. REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR
THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE
STRATEGIES.
(a) Report Required.--
(1) In general.--Not later than March 15, 2020, the
Commander of United States Indo-Pacific Command shall
submit to the congressional defense committees a report
containing the independent assessment of the Commander
with respect to the activities and resources required,
for fiscal years 2022 through 2026, to achieve the
following objectives:
(A) The implementation of the National
Defense Strategy with respect to the Indo-
Pacific region.
(B) The maintenance or restoration of the
comparative military advantage of the United
States with respect to the People's Republic of
China.
(C) The reduction of the risk of executing
contingency plans of the Department of Defense.
(2) Matters to be included.--The report required
under paragraph (1) shall include the following:
(A) A description of the intended force
structure and posture of assigned and allocated
forces within the area of responsibility of
United States Indo-Pacific Command for fiscal
year 2026 to achieve the objectives described
in paragraph (1).
(B) An assessment of capabilities
requirements to achieve such objectives.
(C) An assessment of logistics
requirements, including personnel, equipment,
supplies, storage, and maintenance needs to
achieve such objectives.
(D) An identification of required
infrastructure and military construction
investments to achieve such objectives.
(E) An assessment of security cooperation
activities or resources required to achieve
such objectives.
(F)(i) A plan to fully resource United
States force posture and capabilities,
including--
(I) a detailed assessment of the
resources necessary to address the
elements described in subparagraphs (A)
through (E), including specific cost
estimates for recommended investments
or projects--
(aa) to increase joint
force lethality;
(bb) to enhance force
design and posture;
(cc) to support a robust
exercise, experimentation, and
innovation program; and
(dd) to strengthen
cooperation with allies and
partners; and
(II) a detailed timeline to achieve
the intended force structure and
posture described in subparagraph (A).
(ii) The specific cost estimates required
by clause (i)(I) shall, to the maximum extent
practicable, include the following:
(I) With respect to procurement
accounts--
(aa) amounts displayed by
account, budget activity, line
number, line item, and line
item title; and
(bb) a description of the
requirements for each such
amount.
(II) With respect to research,
development, test, and evaluation
accounts--
(aa) amounts displayed by
account, budget activity, line
number, program element, and
program element title; and
(bb) a description of the
requirements for each such
amount.
(III) With respect to operation and
maintenance accounts--
(aa) amounts displayed by
account title, budget activity
title, line number, and
subactivity group title; and
(bb) a description of the
specific manner in which each
such amount would be used.
(IV) With respect to military
personnel accounts--
(aa) amounts displayed by
account, budget activity,
budget subactivity, and budget
subactivity title; and
(bb) a description of the
requirements for each such
amount.
(V) With respect to each project
under military construction accounts
(including unspecified minor military
construction and amounts for planning
and design), the country, location,
project title, and project amount for
each fiscal year.
(VI) With respect to any
expenditure or proposed appropriation
not described in subclause (I) through
(V), a level of detail equivalent or
greater than the level of detail
provided in the future-years defense
program submitted pursuant to section
221(a) of title 10, United States Code.
(3) Form.--The report required under paragraph (1)
may be submitted in classified form, but shall include
an unclassified summary.
(4) Availability.--Not later than March 15, 2020,
the Commander of United States Indo-Pacific Command
shall make the report available to the Secretary of
Defense, the Under Secretary of Defense for Policy, the
Under Secretary of Defense (Comptroller), the Director
of Cost Assessment and Program Evaluation, the Chairman
of the Joint Chiefs of Staff, the Secretaries of the
military departments, and the chiefs of staff of each
military service.
(b) Briefings Required.--
(1) Initial briefing.--Not later than April 15,
2020, the Secretary of Defense (acting through the
Under Secretary of Defense for Policy, the Under
Secretary of Defense (Comptroller), and the Director of
Cost Assessment and Program Evaluation) and the
Chairman of the Joint Chiefs of Staff shall provide to
the congressional defense committees a joint briefing,
and any written comments the Secretary of Defense and
the Chairman of the Joint Chiefs of Staff consider
necessary, with respect to their assessments of the
report submitted under subsection (a), including their
assessments of the feasibility and advisability of the
plan required by paragraph (2)(F) of that subsection.
(2) Subsequent briefing.--Not later than April 30,
2020, the Secretary of the Air Force, the Secretary of
the Army, and the Secretary of the Navy shall provide
to the congressional defense committees a joint
briefing, and documents as appropriate, with respect to
their assessments of the report submitted under
subsection (a), including their assessments of the
feasibility and advisability of the plan required by
paragraph (2)(F) of that subsection.
(c) Study on Competitive Strategies With Respect to the
People's Republic of China.--
(1) In general.--The Secretary of Defense, acting
through the Director of the Office of Net Assessment,
shall conduct a study on not fewer than three possible
long-term competitive strategies with respect to the
People's Republic of China that focuses on the
identification of opportunities to shape strategic
competition to the advantage of the United States.
(2) Report.--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
the results of the study required under paragraph (1).
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.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the Armed
Forces serving on active duty who are deployed to South Korea
below 28,500 until 90 days after the date on which the
Secretary of Defense certifies to the congressional defense
committees the following:
(1) Such a reduction is in the national security
interest of the United States and will not
significantly undermine the security of United States
allies in the region.
(2) The Secretary has appropriately consulted with
allies of the United States, including South Korea and
Japan, regarding such a reduction.
SEC. 1255. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING CONTRIBUTIONS
OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than the date agreed to in
accordance with subsection (e)(2), the Comptroller General of
the United States shall submit to the appropriate congressional
committees a report on the direct, indirect, and burden-sharing
contributions of Japan and South Korea to support overseas
military installations of the United States and United States
Armed Forces deployed to or permanently stationed in Japan and
South Korea, respectively.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The benefits to United States national security
and regional security derived from the forward presence
of the Armed Forces in the Indo-Pacific region,
including Japan and South Korea.
(2) For calendar year 2016 and each subsequent
calendar year, the overall cost for the presence of the
Armed Forces in Japan and South Korea and the breakdown
of such costs between the United States and the
respective host nations.
(3) For calendar year 2016 and each subsequent
calendar year, a description of the one-time and
recurring costs associated with the presence of the
Armed Forces in Japan and South Korea, including--
(A) costs to relocate the Armed Forces
within Japan and South Korea and to realign the
Armed Forces from Japan and South Korea;
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(4) A description of direct, indirect, and burden-
sharing contributions of Japan and South Korea,
including--
(A) contributions for labor costs
associated with the presence of the Armed
Forces;
(B) contributions to military construction
projects of the Department of Defense,
including planning, design, environmental
reviews, construction, construction management
costs, rents on privately-owned land,
facilities, labor, utilities, and vicinity
improvements;
(C) contributions such as loan guarantees
on public-private venture housing and payment-
in-kind for facilities returned to Japan and
South Korea;
(D) contributions accepted for labor,
logistics, utilities, facilities, and any other
purpose; and
(E) other contributions, such as Camp
Humphreys and the Futenma Replacement Facility,
as determined appropriate by the Comptroller
General.
(5) The methodology and accounting procedures used
to measure and track direct, indirect, and burden-
sharing contributions made by Japan and South Korea.
(c) Description of Contributions in United States
Dollars.--The report required by subsection (a) shall describe
the direct, indirect, and burden-sharing contributions of Japan
and South Korea in United States dollars and shall specify the
exchange rates used to determine the United States dollar value
of such contributions.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may contain a classified annex.
(e) Briefing.--Not later than March 2, 2020, the
Comptroller General shall provide to the appropriate
congressional committees an interim briefing--
(1) on the status of the report and initial
findings; and
(2) to agree on the date on which to submit the
report required by subsection (a).
(f) Support From the Department of Defense.--The Secretary
of Defense shall provide the Comptroller General with timely
access to the appropriate information, data, and analyses
necessary to fulfill the requirement under subsection (a) in a
timely, thorough, and independent manner.
(g) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
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.
It is the sense of Congress that--
(1) the United States remains committed to its
alliances with Japan and the Republic of Korea, which
are--
(A) essential to the peace and stability in
the Indo-Pacific region; and
(B) based on the shared values of
democracy, the rule of law, free and open
markets, and respect for human rights;
(2) cooperation among the United States, Japan, and
the Republic of Korea is essential for confronting
regional and global challenges, including--
(A) preventing the proliferation of weapons
of mass destruction;
(B) combating piracy;
(C) assisting victims of conflict and
disaster worldwide;
(D) protecting maritime security; and
(E) ensuring freedom of navigation,
commerce, and overflight in the Indo-Pacific
region;
(3) the United States, Japan, and the Republic of
Korea share deep concern that the nuclear and ballistic
missile programs, the conventional military
capabilities, and the chemical and biological weapons
programs of the Democratic People's Republic of Korea,
together with the long history of aggression and
provocation by the Democratic People's Republic of
Korea, pose grave threats to peace and stability on the
Korean Peninsula and in the Indo-Pacific region;
(4) the United States views security cooperation
between Japan and the Republic of Korea as essential to
maintaining peace and stability in the Indo-Pacific
region, promoting mutual interests, and addressing
shared concerns;
(5) the bilateral military intelligence-sharing
pact between Japan and the Republic of Korea, signed on
November 23, 2016, and the trilateral intelligence
sharing agreement among the United States, Japan, and
the Republic of Korea, signed on December 29, 2015, are
critical to security in the Indo-Pacific region and
should be maintained; and
(6) recognizing that the security of the United
States, Japan, and the Republic of Korea are
intertwined by common threats, including from the
Democratic People's Republic of Korea, the United
States strongly encourages--
(A) strengthened bilateral security ties
between Japan and the Republic of Korea; and
(B) deeper trilateral defense coordination
and cooperation, including through expanded
exercises, training, senior-level exchanges,
and information sharing.
SEC. 1257. SENSE OF CONGRESS ON NORTH KOREA.
It is the sense of Congress that--
(1) diplomacy, economic sanctions, and credible
deterrence are essential to address North Korea's
illicit weapons of mass destruction program and the
conventional threat that North Korea poses to United
States forces on the Korean Peninsula and to United
States allies in the region;
(2) North Korea's recent missile tests are
destabilizing, increase regional tensions, and run
counter to the spirit of diplomatic negotiations;
(3) every effort should be made to deter actions by
North Korea that could lead to a military
confrontation, which would pose extreme risks to--
(A) United States military personnel;
(B) noncombatants, including United States
citizens and citizens of United States allies;
and
(C) regional security;
(4) a sustained and credible diplomatic process
based on concrete measures to achieve the
denuclearization of North Korea and an eventual end to
the Korean War should be pursued;
(5) continued actions by North Korea that run
counter to diplomatic negotiations call into question
North Korea's intentions and commitment to a diplomatic
solution; and
(6) until such time as North Korea no longer poses
a threat to the United States or United States allies,
the United States should, in concert with such allies,
continue to deter North Korea through credible defense
and deterrence posture.
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.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) while the United States has long adopted an
approach that takes no position on the ultimate
disposition of the disputed sovereignty claims in the
South China Sea, disputing states should--
(A) resolve their disputes peacefully
without the threat or use of force; and
(B) ensure that their maritime claims are
consistent with international law; and
(2) an armed attack on the armed forces, public
vessels, or aircraft of the Republic of the Philippines
in the Pacific, including the South China Sea, would
trigger the mutual defense obligations of the United
States under Article IV of the Mutual Defense Treaty
``to meet common dangers in accordance with its
constitutional processes''.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of State and the Secretary of Defense should--
(1) affirm the commitment of the United States to
the Mutual Defense Treaty;
(2) preserve and strengthen the military alliance
of the United States with the Republic of the
Philippines;
(3) prioritize efforts to develop a shared
understanding of alliance commitments and defense
planning; and
(4) provide appropriate support to the Republic of
the Philippines to strengthen the self-defense
capabilities of the Republic of the Philippines,
particularly in the maritime domain.
(c) Strategy Required.--
(1) In general.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State,
shall submit to the appropriate committees of Congress
a report that sets forth the strategy of the Department
of Defense for achieving the objectives described in
subsection (b).
(2) Elements of strategy.--The strategy required by
paragraph (1) shall include the following:
(A) A description of the national security
interests and objectives of the United States
furthered by the Mutual Defense Treaty.
(B) A description of the regional security
environment, including--
(i) an assessment of threats to
both the United States and the Republic
of the Phillippines national security
interests in the region and the role of
the Department in addressing such
threats;
(ii) a description of the strategic
security challenges that are
detrimental to regional peace and
global stability, including challenges
posed by the People's Republic of
China, violent extremist organizations,
and natural disasters; and
(iii) a description of each violent
extremist organization that presents a
threat to the Republic of the
Philippines, including, with respect to
each such organization--
(I) the primary objectives
of the organization;
(II) an assessment of--
(aa) the capacity
and capability of the
organization;
(bb) the
transnational threat
posed by the
organization;
(cc) recent trends
in the capability and
influence of the
organization;
(dd) the potential
for the organization to
reconstitute, expand,
or otherwise pose a
significant
transnational threat;
and
(ee) the conditions
that contribute to
efforts of the
organization to
reconstitute, expand,
or pose such a threat;
and
(III) a description of the
metrics used to assess the
capability and influence of the
organization.
(C) A description of Department objectives
with the Republic of the Philippines,
including--
(i) the benchmarks for assessing
progress towards such objectives; and
(ii) the Department strategy to
achieve such objectives, including
through--
(I) defense cooperation;
(II) use of security
cooperation authorities; and
(III) other support or
activities in the Republic of
the Philippines.
(D) An identification of all current and
planned Department resources, programs, and
activities to support the strategy required by
paragraph (1), including a review of the
necessity of an ongoing named operation and the
criteria used to determine such necessity.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' 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) Mutual defense treaty.--The term ``Mutual
Defense Treaty'' means the Mutual Defense Treaty
between the Republic of the Philippines and the United
States of America, done at Washington August 30, 1951.
SEC. 1259. REPORT ON SECURITY COOPERATION WITH THE PHILIPPINE NATIONAL
POLICE.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense, in concurrence
with the Secretary of State, shall submit to the appropriate
congressional committees a report concerning security sector
assistance programs with the Philippine National Police.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of current and planned security
sector assistance programs with the Philippine National
Police.
(2) The purpose, objectives, and type of training,
equipment, or assistance provided under each such
program or activity.
(3) An identification of the lead agency
responsible for each such program or activity.
(4) An identification of the authority or
authorities under which each such program or activity
is conducted.
(5) A description of the process and criteria used
to determine utilization of each such authority or
authorities.
(6) A description of how each such program or
activity advances United States national security
interests as it relates to the Department's strategy
regarding the Philippines.
(7) An identification of the specific units of the
Philippine National Police to receive training,
equipment, or assistance under each such program.
(8) A description of the process and criteria by
which specific units of the Philippine National Police
are selected as recipients of such programs and
activities, including an assessment of the comparative
value of working with units of law enforcement and
units of the military forces of the Philippines.
(9) An assessment of the current operational
effectiveness of such units and a description of the
metrics used to make such assessment.
(10) An identification of priority capabilities of
such units to enhance through training, equipment, or
assistance under each such program or activity.
(11) A plan to identify, monitor, track, and assess
the ability of each such program or activity to meet
each of the objectives described pursuant to paragraph
(2) to enhance the capabilities of each such unit.
(12) An identification of any units of the
Philippine National Police that are determined or
credibly alleged to have committed human rights abuses.
(13) A description of the relationship between any
units of the Philippine National Police identified
pursuant to paragraph (12) and any unit identified
pursuant to paragraph (7).
(14) A description of the current or previous role,
if any, of each unit identified pursuant to paragraph
(7) in the anti-drug campaign.
(15) An assessment of the ability of the United
States to identify the units described in paragraph
(12).
(16) Any other matters the Secretary of Defense
determines should be included.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1260. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF
CHINA.
(a) Modification to Annual Report Requirements.--Section
1202 of the National Defense Authorization Act for Fiscal Year
2000 (10 U.S.C. 113 note) is amended as follows:
(1) In subsection (a), by inserting ``, in
consultation with the heads of other Federal
departments and agencies as appropriate,'' after ``the
Secretary of Defense''.
(2) In subsection (b)--
(A) by amending paragraph (26) to read as
follows:
``(26) The relationship between Chinese overseas
investment, including the Belt and Road Initiative, the
Digital Silk Road, and any state-owned or controlled
digital or physical infrastructure projects of China,
and Chinese security and military strategy objectives,
including--
``(A) an assessment of the Chinese
investments or projects likely, or with
significant potential, to be converted into
military assets of China;
``(B) an assessment of the Chinese
investments or projects of greatest concern
with respect to United States national security
interests;
``(C) a description of any Chinese
investment or project located in another
country that is linked to military cooperation
with such country, such as cooperation on
satellite navigation or arms production;
``(D) an assessment of any Chinese
investment, project, or associated agreement in
or with another country that presents
significant financial risk for the country or
may undermine the sovereignty of such country;
and
``(E) an assessment of the implications for
United States military or governmental
interests related to denial of access,
compromised intelligence activities, and
network advantages of Chinese investments or
projects in other countries.''; and
(B) by adding at the end the following:
``(29) Developments relating to the China Coast
Guard, including an assessment of--
``(A) how the change in the Guard's command
structure to report to China's Central Military
Commission affects the Guard's status as a law
enforcement entity;
``(B) the implications of such command
structure with respect to the use of the Guard
as a coercive tool to conduct `gray zone'
activities in the East China Sea and the South
China Sea; and
``(C) how the change in such command
structure may affect interactions between the
Guard and the United States Navy.
``(30) An assessment of the military-to-military
relations between China and Russia, including an
identification of mutual and competing interests.
``(31) An assessment of China's expansion of its
surveillance state, including--
``(A) any correlation of such expansion
with its oppression of its citizens or its
threat to United States national security
interests around the world; and
``(B) an overview of the extent to which
such surveillance corresponds to an overall
respect, or lack thereof, for human rights in
China, especially for religious and ethnic
minorities.''.
(3) In subsection (c)--
(A) by striking ``and the'' each place it
appears and inserting ``, the'';
(B) in paragraph (1), by striking ``of the
Senate.'' and inserting ``, and the Select
Committee on Intelligence of the Senate.''; and
(C) in paragraph (2), by striking
``Committee on International Relations of the
House of Representatives.'' and inserting
``Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of
the House of Representatives.''
(b) Additional Defined Term.--Such section 1202, as so
amended, is further amended by adding at the end the following:
``(d) State-owned or Controlled Digital or Physical
Infrastructure Project of China.--
``(1) In general.--For purposes of subsection
(b)(26), the term `state-owned or controlled digital or
physical infrastructure project of China' means a
transportation, energy, or information technology
infrastructure project that is--
``(A) owned, controlled, under the direct
or indirect influence of, or subsidized by--
``(i) the Government of the
People's Republic of China, including
any agency within such Government and
any subdivision or other unit of
government at any level of jurisdiction
within China;
``(ii) any agent or instrumentality
of such Government, including such
agencies or subdivisions; or
``(iii) the Chinese Communist
Party; or
``(B) a project of any Chinese company
operating in a sector identified as a strategic
industry in the Chinese Government's `Made in
China 2025' strategy to make China a
`manufacturing power' as a core national
interest.
``(2) Owned; controlled.--For purposes paragraph
(1)(A), with respect to a project--
``(A) the term `owned' means a majority or
controlling interest, whether by value or
voting interest, in that project, including
through fiduciaries, agents, or other means;
and
``(B) the term `controlled' means the power
by any means to determine or influence,
directly or indirectly, important matters
affecting the project, regardless of the level
of ownership and whether or not that power is
exercised.''.
SEC. 1260A. REPORT ON FOREIGN MILITARY ACTIVITIES IN PACIFIC ISLAND
COUNTRIES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence, in coordination with the Director of the Defense
Intelligence Agency and the Director of National Intelligence,
shall submit to the congressional defense committees a report
specifying and analyzing--
(1) strategic interests of foreign militaries in
Pacific Island countries, known or emerging foreign
partnerships or alliances with non-Pacific Island
countries, and foreign military training, exercises, or
operations in the region, excluding with countries who
are members of the Southeast Asia Treaty Organization;
(2) gaps in intelligence collection capabilities
and activities that prevent or may prevent a
comprehensive understanding of current intelligence
assessments for Pacific Island countries; and
(3) plans to overcome any current intelligence
collection deficiencies, including an analysis of both
United States and allied and partner intelligence
collection capabilities and activities.
(b) Pacific Island Country Defined.--In this section, the
term ``Pacific Island country'' includes any of the following
countries: The Republic of Fiji, the Republic Kiribati, the
Marshall Islands, the Federated States of Micronesia, the
Republic of Nauru, the Republic of Palau, the Independent State
of Samoa, the Solomon Islands, the Kingdom of Tonga, Tuvalu,
and the Republic of Vanuatu.
SEC. 1260B. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for
coordinating responses to emerging issues related to
cybersecurity.
(2) A discussion of the Department of Defense's
current and future plans to engage with Taiwan in
cybersecurity activities.
(3) A discussion of obstacles encountered in
forming, executing, or implementing agreements with
Taiwan for cybersecurity activities.
(4) Any other matters the Secretary of Defense
determines should be included.
SEC. 1260C. REVIEW AND REPORT RELATED TO THE TAIWAN RELATIONS ACT.
(a) Review.--The Secretary of Defense, in coordination with
the Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable,
the Government of the People's Republic of China or the
Chinese Communist Party are affecting, including
through military, economic, information, digital,
diplomatic, or any other form of coercion--
(A) the security, or the social and
economic system, of the people of Taiwan;
(B) the military balance of power between
the People's Republic of China and Taiwan; or
(C) the expectation that the future of
Taiwan will continue to be determined by
peaceful means; and
(2) the role of United States policy toward Taiwan
with respect to the implementation of the 2017 National
Security Strategy and the 2018 National Defense
Strategy.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretary of State,
shall provide to the appropriate committees of Congress
a report on the review under subsection (a).
(2) Matters to be included.--The report under
paragraph (1) shall include the following:
(A) The assessments resulting from the
review.
(B) Recommendations on legislative changes
or Department of Defense or Department of State
policy changes necessary to ensure that the
United States continues to meets its
obligations to Taiwan under the Taiwan
Relations Act (22 U.S.C. 3301 et seq.).
(C) Guidelines for--
(i) new defense requirements,
including requirements relating to
information and digital space;
(ii) exchanges between senior-level
civilian and military officials of the
United States and Taiwan; and
(iii) the regular transfer of
defense articles, especially defense
articles that are mobile, survivable,
and cost effective, to most effectively
deter attacks and support the
asymmetric defense strategy of Taiwan.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1260D. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES-
TAIWAN DEFENSE RELATIONSHIP.
It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States
and is critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et
seq.) and the ``Six Assurances'' are both cornerstones
of United States relations with Taiwan;
(3) the United States should continue to strengthen
defense and security cooperation with Taiwan to support
the development of capable, ready, and modern defense
forces necessary for Taiwan to maintain a sufficient
self-defense capability;
(4) consistent with the Taiwan Relations Act (22
U.S.C. 3301 et seq.), the United States should strongly
support the acquisition by Taiwan of defense articles
and services through foreign military sales, direct
commercial sales, and industrial cooperation, with an
emphasis on anti-ship, coastal defense, anti-armor, air
defense, defensive naval mining, and resilient command
and control capabilities that support the asymmetric
defense strategy of Taiwan;
(5) the President and Congress should determine the
nature and quantity of such defense articles and
services based solely upon their judgment of the needs
of Taiwan, as required by the Taiwan Relations Act and
in accordance with procedures established by law;
(6) the United States should continue efforts to
improve the predictability of United States arms sales
to Taiwan by ensuring timely review of and response to
requests of Taiwan for defense articles and services;
(7) the Secretary of Defense should promote
policies concerning exchanges that enhance the security
of Taiwan, including--
(A) opportunities with Taiwan for practical
training and military exercises that--
(i) enable Taiwan to maintain a
sufficient self-defense capability, as
described in section 3(a) of the Taiwan
Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities
consistent with the asymmetric defense
strategy of Taiwan;
(B) exchanges between senior defense
officials and general officers of the United
States and Taiwan, consistent with the Taiwan
Travel Act (Public Law 115-135), especially for
the purpose of enhancing cooperation on defense
planning and improving the interoperability of
United States and Taiwan forces; and
(C) opportunities for exchanges between
junior officers and senior enlisted personnel
of the United States and Taiwan;
(8) the United States and Taiwan should expand
cooperation in humanitarian assistance and disaster
relief;
(9) the Secretary of Defense should consider
options, including exercises and ship visits, as
appropriate, to expand the scale and scope of
humanitarian assistance and disaster response
cooperation with Taiwan and other regional partners so
as to improve disaster response planning and
preparedness; and
(10) the Secretary of Defense should continue
regular transits of United States Navy vessels through
the Taiwan Strait, commend the armed forces of France
for their April 6, 2019, legal transit of the Taiwan
Strait, and encourage allies and partners to follow
suit in conducting such transits, in order to
demonstrate the commitment of the United States and its
allies and partners to fly, sail, and operate anywhere
international law allows.
SEC. 1260E. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF THE
ARCTIC REGION.
(a) Independent Study.--
(1) In general.--Not later than 45 days after the
date of enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a federally-
funded research and development center described in
paragraph (2) to complete an independent study of
Chinese foreign direct investment in countries of the
Arctic region, with a focus on the effects of such
foreign direct investment on United States national
security and near-peer competition in the Arctic
region.
(2) Federally-funded research and development
center described.--A federally-funded research and
development center described in this paragraph is a
federally-funded research and development center that--
(A) has access to relevant data and
demonstrated data-sets regarding foreign direct
investment in the Arctic region; and
(B) has access to policy experts throughout
the United States and the Arctic region.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Projects in the Arctic that are directly or
indirectly funded by public and private Chinese
entities, to--
(A) build public infrastructure;
(B) finance infrastructure;
(C) lease mineral and oil and gas leases;
(D) purchase real estate;
(E) extract or process, including smelting,
minerals and oil and gas;
(F) engage in shipping or to own and
operate or construct shipping infrastructure,
including ship construction;
(G) lay undersea cables; and
(H) manufacture, own or operate
telecommunications capabilities and
infrastructure.
(2) An analysis of the legal environment in which
Chinese foreign direct investment are occurring in the
United States, Russia, Canada, Greenland, Norway, and
Iceland. The analysis should include--
(A) an assessment of the efficacy of
mechanisms for screening foreign direct
investment in the United States, Russia,
Canada, Greenland, Norway, and Iceland;
(B) an assessment of the degree to which
there is transparency in Chinese foreign direct
investment in countries of the Arctic region;
(C) an assessment of the criteria used to
assess potential Chinese foreign direct
investment in countries of the Arctic region;
(D) an assessment of the efficacy of
methods for monitoring approved Chinese foreign
direct investment in countries of the Arctic
region; and
(E) an assessment of public reporting of
the decision to approve such Chinese foreign
direct investment.
(3) A comparison of Chinese foreign direct
investment in countries of the Arctic region to other
countries with major investments in such countries,
including India, Japan, South Korea, the Netherlands,
and France.
(4) An assessment of the environmental impact of
past Chinese investments in oil and gas, mineral, and
infrastructure projects in the Arctic region, including
the degree to which Chinese investors are required to
comply with local environmental laws and post bonds to
assure remediation if a project becomes bankrupt.
(5) A review of the 2018 Chinese Arctic Policy and
other relevant public and nonpublic Chinese policy
documents to determine the following:
(A) China's strategic objectives in the
Arctic region from a military, economic,
territorial, and political perspective.
(B) China's goals in the Arctic region with
respect to its relations with the United States
and Russia, including the degree to which
activities of China in the region are an
extension of China's strategic competition with
the United States.
(C) Whether any active or planned
infrastructure investments are likely to result
in a regular presence of Chinese military
vessels or the establishment of military bases
in the Arctic region.
(D) The extent to which Chinese research
activities in the Arctic region are a front for
economic activities, including illegal economic
espionage, intelligence gathering, and support
for future Chinese military activities in the
region.
(E) The degree to which Arctic littoral
states are susceptible to the political and
economic risks of unregulated foreign direct
investment.
(F) The vulnerability of semi-autonomous
regions, such as tribal lands, to Chinese
foreign direct investment, including the
influence of legal controls and political or
economic manipulation with respect to such
vulnerability.
(G) The implications of China's Arctic
development and participation model with
respect to forecasting China's military,
economy, territorial, and political activities.
(6) Policy and legislative recommendations to
enhance the position of the United States in affairs of
the Arctic region, including--
(A) recommendations for how the United
States would best interact with nongovernmental
organizations such as the World Bank, Arctic
Council, United Nations General Assembly, and
International Maritime Organization;
(B) recommendations to pursue or not pursue
the formation of an Arctic Development Bank
and, if pursued, how to organize, fund, and
operate the bank;
(C) measures the United States can take to
promote regional governance and eliminate the
soft-power influence from Chinese foreign
direct investment, in particular, steps where
the United States and Russia should cooperate;
and
(D) the possibility of negotiating a
regional arrangement to regulate foreign direct
investment in countries of the Arctic region.
(c) Report to Department of Defense.--Not later than 720
days after the date of the enactment of this Act, the
federally-funded research and development center with respect
to which the Secretary of Defense has entered into a contract
under subsection (a) shall submit to the Secretary a report
containing the study under subsections (a) and (b).
(d) Report to Congress.--Not later than 750 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees the
report under subsection (c), without change.
(e) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of
the Senate; and
(3) the Committee on Foreign Affairs and the
Committee on Transportation and Infrastructure of the
House of Representatives.
SEC. 1260F. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
It is the sense of Congress that--
(1) Congress stands unequivocally with the people
of Hong Kong as they defend their rights and freedoms
and preserve their autonomy against the People's
Republic of China;
(2) the Government of the People's Republic of
China should--
(A) abide fully by its commitments in the
Sino-British Joint Declaration of 1984 to allow
the people of Hong Kong a high degree of
autonomy to govern Hong Kong;
(B) adhere fully to Hong Kong's Basic Law
of 1997; and
(C) immediately cease and desist in its
interference in the political and legal affairs
of Hong Kong;
(3) the decision of authorities of the Hong Kong
Special Autonomous Region in September 2019 to fully
withdraw the proposed amendments to the Fugitive
Offenders Ordinance of Hong Kong is a necessary first
step and should be followed by efforts to resolve the
remaining demands raised by protestors who represent a
broad cross-section of Hong Kong, which are that
authorities--
(A) drop all charges against individuals
who have been arrested for participating in
political protests;
(B) retract the proclamation that the
protests were riots;
(C) establish a thorough and independent
investigation into police brutality; and
(D) implement genuine universal suffrage
for the election of the Chief Executive and all
Legislative Council members of Hong Kong;
(4) the United States should--
(A) work with like-minded countries to
stand with the people of Hong Kong;
(B) encourage more responsible behavior by
the People's Republic of China; and
(C) impose consequences in the event that
the authorities of the People's Republic of
China and Hong Kong continue to violate
fundamental agreements regarding the autonomy
of Hong Kong;
(5) the People's Republic of China should refrain
from use of any organization within the military,
paramilitary, or law enforcement apparatus of the
People's Republic of China to engage in violent
suppression in Hong Kong;
(6) in the event of use of force by the Government
of the People's Republic of China against protestors in
Hong Kong, Congress will recommend swift action by the
United States, including--
(A) a fundamental reevaluation of the
special treatment of Hong Kong under the Hong
Kong Policy Act of 1992 (Public Law 102-383;
106 Stat. 1448) and other United States law,
particularly in areas of law in which the
People's Republic of China is exploiting Hong
Kong to the detriment of United States
interests and values; and
(B) coordinated actions with like-minded
countries to impose meaningful costs on the
People's Republic of China, including the
imposition of sanctions, travel restrictions,
and other actions against responsible senior
officials in the Chinese Communist Party, the
People's Liberation Army, and the People's
Armed Police; and
(7) if at any point the Government of Hong Kong
implements legislation that affects, directly or
indirectly, the interests of the United States with
respect to an agreement the United States maintains
with Hong Kong, including a future reconsideration of
amendments to the Fugitive Offenders Ordinance of Hong
Kong, the United States should conduct a full review of
all relevant agreements between the United States and
Hong Kong and make necessary adjustments to those
agreements to safeguard United States interests.
SEC. 1260G. SENSE OF CONGRESS ON ENHANCING DEFENSE AND SECURITY
COOPERATION WITH THE REPUBLIC OF SINGAPORE.
It is the sense of Congress that--
(1) the United States and the Republic of Singapore
have built a strong, enduring, and forward-looking
strategic partnership based on long-standing and
mutually beneficial cooperation, including through
security, defense, economic, and people-to-people ties;
(2) robust security cooperation between the United
States and the Republic of Singapore is crucial to
promoting peace and stability in the Indo-Pacific
region;
(3) the status of the Republic of Singapore as a
major security cooperation partner of the United
States, as recognized in the 2005 Strategic Framework
Agreement between the United States and the Republic of
Singapore for a Closer Partnership in Defense and
Security, plays an important role in the global network
of strategic partnerships, especially in promoting
maritime security and countering terrorism;
(4) the United States values the Republic of
Singapore's provision of access to its military
facilities, which supports the continued security
presence of the United States in Southeast Asia and
across the Indo-Pacific region;
(5) the United States should continue to welcome
the presence of the military forces of the Republic of
Singapore in the United States for exercises and
training, and should consider opportunities to expand
such activities at additional locations in the United
States, as appropriate; and
(6) as the United States and the Republic of
Singapore have renewed the 1990 Memorandum of
Understanding Regarding the United States Use of
Facilities in Singapore, the United States should--
(A) continue to enhance defense and
security cooperation with the Republic of
Singapore to promote peace and stability in the
Indo-Pacific region based on common interests
and shared values;
(B) reinforce the status of the Republic of
Singapore as a major security cooperation
partner of the United States; and
(C) explore additional steps to better
facilitate interoperability between the United
States Armed Forces and the military forces of
the Republic of Singapore to promote peace and
stability in the Indo-Pacific region.
SEC. 1260H. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be used
for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2020 under the transfer authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority
in subsection (a) is in addition to any other transfer
authority available to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of
Defense determines to use the transfer authority in subsection
(a), the Secretary shall notify the congressional defense
committees of that determination not later than 30 days before
the Secretary uses the transfer authority.
SEC. 1260I. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO. LTD. FROM
ENTITY LIST OF BUREAU OF INDUSTRY AND SECURITY.
(a) In General.--The Secretary of Commerce may not remove
Huawei Technologies Co. Ltd. or any of its affiliates (in this
section collectively referred to as ``Huawei'') from the entity
list unless and until the Secretary certifies to the
appropriate congressional committees that--
(1) Huawei has sufficiently resolved or settled the
charges that were the basis for the addition of Huawei
to the entity list in a manner that is consistent with
the standards for the removal of an entity from the
entity list under the Export Administration
Regulations;
(2) Huawei has sufficiently resolved or settled any
other charges that Huawei violated sanctions imposed by
the United States;
(3) regulations have been implemented that
sufficiently restrict exporting to, and importing from,
the United States items that would pose a national
security threat to telecommunications systems in the
United States; and
(4) the Department of Commerce has mitigated, to
the maximum extent possible, other threats to the
national security of the United States posed by Huawei.
(b) Report.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, and annually
thereafter, the Secretary of Commerce shall submit to
the appropriate congressional committees a report on
licenses issued for exports to Huawei.
(2) Matters to be included.--For each such license,
the report required by paragraph (1) shall describe--
(A) the items authorized for export;
(B) the end-uses of the items;
(C) the identities of the companies granted
the license; and
(D) how the approval of the license is
consistent with the national security licensing
policy set forth in the Export Administration
Regulations.
(3) Disclosure by appropriate congressional
committees.--Subclause (ii) of section 1761(h)(2)(B) of
the Export Control Reform Act of 2018 (50 U.S.C.
4820(h)(2)(B)) shall apply with respect to information
in a report received by the appropriate congressional
committees under paragraph (1) to the same extent and
in the same manner as such subclause (ii) applies with
respect to information made available under subclause
(i) of such section 1761(h)(2)(B).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and
Urban Affairs and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Entity list.--The term ``entity list'' means
the list maintained by the Bureau of Industry and
Security and set forth in Supplement No. 4 to part 744
of title 15, Code of Federal Regulations.
(3) Export administration regulations.--The term
``Export Administration Regulations'' means subchapter
C of chapter VII of title 15, Code of Federal
Regulations.
SEC. 1260J. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING SETTLEMENT
AGREEMENT AND SUPERSEDING ORDER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on the compliance
of Zhongxing Telecommunications Equipment Corporation (ZTE
Corporation) and ZTE Kangxun Telecommunications Ltd. (ZTE
Kangxun) (collectively, ``ZTE'') with the Superseding
Settlement Agreement and Superseding Order reached with the
Department of Commerce on June 8, 2018.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form and publicly accessible, but may
include a classified annex.
SEC. 1260K. REPORT ON THE LAY-DOWN OF UNITED STATES MARINES IN THE
INDO-PACIFIC REGION.
(a) 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
implementation of the planned distributed lay-down of members
of the United States Marine Corps in Okinawa, Guam, Hawaii,
Australia, and other locations.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the relationship between the
planned distributed lay-down in the Indo-Pacific region
and the implementation of the National Defense Strategy
with respect to such region.
(2) An assessment of the impact of the planned
distributed lay-down on the ability of the Armed Forces
to respond to current and future contingencies in the
area of responsibility of United States Indo-Pacific
Command that reflects contingency plans of the
Department of Defense.
(3) A description of--
(A) the implementation timeline for the
planned distributed lay-down; and
(B) progress made on the planned
distributed lay-down, as compared with such
timeline.
(4) A description of the adequacy of current and
expected training resources at each location associated
with the planned distributed lay-down, including--
(A) the ability to train against the full
spectrum of threats from near-peer or peer
threats; and
(B) any projected limitation due to
political, environmental, or other limiting
factors.
(5) A description of sustainment concepts to
support the planned distributed lay-down, including an
assessment of the manner in which the planned
distributed lay-down will impact logistics and
sustainment requirements in support of contingency
plans of the Department of Defense.
(6) An updated and detailed description of any
military construction projects required to execute the
distributed lay-down.
(7) A description of any recommended revision to
the current implementation plan, including any
recommended new investment associated with any such
revision relating to basing, access, and prepositioning
in the Indo-Pacific region.
Subtitle G--Other Matters
SEC. 1261. MODIFICATION TO REPORT ON LEGAL AND POLICY FRAMEWORKS FOR
THE USE OF MILITARY FORCE.
Section 1264 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1689) is
amended--
(1) in the heading for subsection (a), by striking
``Initial'' and inserting ``Annual'';
(2) in subsection (a)(1), by striking ``90 days
after the date of the enactment of this Act'' and
inserting ``March 1 of each year'';
(3) in subsection (a)(2), by striking ``during the
period'' and all that follows to the end and inserting:
``from the preceding year, including--
``(A) a list of all foreign forces,
irregular forces, groups, or individuals for
which a determination has been made that force
could legally be used under the Authorization
for Use of Military Force (Public Law 107-40),
including--
``(i) the legal and factual basis
for such determination; and
``(ii) a description of whether
force has been used against each such
foreign force, irregular force, group,
or individual; and
``(B) the criteria and any changes to the
criteria for designating a foreign force,
irregular force, group, or individual as
lawfully targetable, as a high value target,
and as formally or functionally a member of a
group covered under the Authorization for Use
of Military Force.''; and
(4) in subsection (c), by adding at the end the
following: ``The unclassified portion of each report
shall, at a minimum, include each change made to the
legal and policy frameworks during the preceding year
and the legal, factual, and policy justifications for
such changes, and shall be made available to the public
at the same time it is submitted to the appropriate
congressional committees.''.
SEC. 1262. INDEPENDENT REVIEW OF SUFFICIENCY OF RESOURCES AVAILABLE TO
UNITED STATES SOUTHERN COMMAND AND UNITED STATES
AFRICA COMMAND.
(a) In General.--The Secretary of Defense shall seek to
enter into a contract with a not-for-profit entity or federally
funded research and development center independent of the
Department of Defense to conduct a review of the sufficiency of
resources available to United States Southern Command and
United States Africa Command to carry out their respective
missions in support of United States national security
objectives.
(b) Matters to Be Included.--The review described in
subsection (a) shall include--
(1) a review of current and emerging United States
national security interests in the United States
Southern Command and United States Africa Command areas
of responsibilities;
(2) a review of the National Defense Strategy and
its implications for United States presence and
activities in the United States Southern Command and
United States Africa Command areas of responsibilities;
(3) a comparative analysis of the National Defense
Strategy and the Theater Campaign Plans of United
States Southern Command and United States Africa
Command, which shall include a description of
differences, if any, between the guidance and
objectives outlined in the National Defense Strategy
and those of the respective Theater Campaign Plans;
(4) a review of the sufficiency of the resources
available to United States Southern Command and United
States Africa Command, including personnel, human
resources, and financial resources as well as other
non-Department of Defense resources available to United
States Southern Command and United States Africa
Command, in promoting United States national security
interests;
(5) an assessment of the level of regional
expertise and experience of the leadership of each such
combatant command and their subordinate organizations,
service components, and task forces, to include
personnel from agencies other than the Department of
Defense;
(6) a description of the strategic objectives and
end states in the geographic region for which each such
combatant command has responsibility and a comparison
of the importance and priority of the resources
available to each such combatant command to perform its
mission; and
(7) an assessment of the ability of each such
combatant command to carry out their respective
missions based on available resources, including non-
Department of Defense resources.
(c) Access to Information.--The not-for-profit entity or
federally funded research and development center with which the
Secretary enters into the contract under subsection (a) shall
have full and direct access to all information related to
resources available to United States Southern Command and
United States Africa Command.
(d) Report.--
(1) In general.--The Secretary of Defense shall
require, as a term of the contract entered into under
subsection (a), that not later than 240 days after the
date of the enactment of this Act, the not-for-profit
entity or federally funded research and development
center with which the Secretary of Defense enters into
the contract under subsection (a) shall submit to the
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for
International Development a report that contains the
assessment required by subsection (a).
(2) Submission to congress.--Not later than 1 year
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees--
(A) a copy of such report without change;
and
(B) any comments the Secretary of Defense
considers appropriate.
SEC. 1263. UNITED STATES CENTRAL COMMAND POSTURE ASSESSMENT AND REVIEW.
(a) Assessment and Review Required.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall seek to enter into an agreement with a
federally funded research and development center to
conduct an independent assessment and comprehensive
review of United States military force posture and
capabilities in the United States Central Command area
of responsibility for the purpose of clarifying and
evolving United States military force posture and
basing throughout such area of responsibility in
accordance with the strategic guidance of the National
Defense Strategy during the posture review period.
(2) Matters to be included.--The assessment and
review conducted under paragraph (1) shall include, for
the posture review period, the following:
(A) An assessment of the threats and
challenges in the United States Central Command
area of responsibility, including threats and
challenges posed to United States interests by
near-peer competitors.
(B) An explanation of the policy and
strategic frameworks for addressing the threats
and challenges identified under subparagraph
(A).
(C) An identification of current and future
United States military force posture and
capabilities necessary to counter threats,
deter conflict, and defend United States
national security interests in the United
States Central Command area of responsibility.
(D) An assessment of threats and
vulnerabilities to current basing, posture, and
readiness in the United States Central Command
area of responsibility.
(E) An assessment of the basing,
cooperative security locations, and other
infrastructure necessary to support steady
state operations in support of the theater
campaign plan and potential contingencies that
may arise in or affect the United States
Central Command area of responsibility,
including any potential efficiencies and risk
mitigation measures to be taken.
(F) An assessment of the risks and
tradeoffs to United States Central Command
priorities resulting from the reorientation of
resources toward National Defense Strategy
priorities and a description of methods to
mitigate any negative impact of such
reorientation.
(G) An explanation of the manner in which a
modernized global operating model or dynamic
force employment approach may yield
efficiencies and increase strategic flexibility
while achieving United States military
objectives in the United States Central Command
area of responsibility.
(H) An articulation of the United States
nonmilitary efforts and activities necessary to
enable the achievement of United States
national security interests in the United
States Central Command area of responsibility.
(I) Any other matter considered relevant.
(b) Results.--The federally funded research and development
center concerned shall submit to the Secretary the results of
the assessment and review under subsection (a), which shall
include the following:
(1) Considerations and recommendations for
improving posture, basing, and readiness in the United
States Central Command area of responsibility.
(2) Alternative basing and posture options to
reduce costs, enhance readiness, improve posture, and
align with National Defense Strategy priorities.
(3) Any legislative recommendations--
(A) to support and facilitate National
Defense Strategy implementation with respect to
United States Central Command; and
(B) to modernize or improve basing,
posture, and readiness in the United States
Central Command area of responsibility.
(c) Submittal to Congress.--
(1) In general.--Not later than July 1, 2020, the
Secretary shall submit to the congressional defense
committees an unaltered copy of the results under
subsection (b), together with the written perspectives
of the Secretary and the Chairman of the Joint Chiefs
of Staff with respect to such results.
(2) Form.--The submission under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the period beginning on
the date that is five years after the date of the enactment of
this Act and ending on the date that is 15 years after such
date of enactment.
SEC. 1264. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION ASSESSMENT
STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to
the President, and the President may not submit to Congress, a
Nuclear Proliferation Assessment Statement described in
subsection a. of section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) with respect to a proposed cooperation
agreement with any country that has not signed and implemented
an Additional Protocol with the International Atomic Energy
Agency, other than a country with which, as of June 19, 2019,
there is in effect a civilian nuclear cooperation agreement
pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be
waived with respect to a particular country beginning on the
date that is 90 days after the date on which the President
submits to the appropriate congressional committees a report
describing the manner in which such agreement would advance the
national security and defense interests of the United States
and not contribute to the proliferation of nuclear weapons.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1265. WESTERN HEMISPHERE RESOURCE ASSESSMENT.
(a) In General.-- The Secretary of Defense shall seek to
enter into a contract with an independent, non-governmental
institute described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from tax under section 501(a)
of such Code, that has recognized credentials and expertise in
national security and military affairs to conduct an accounting
of and an assessment of the sufficiency of resources available
to the United States Southern Command (SOUTHCOM), United States
Northern Command (NORTHCOM), Department of State, and United
States Agency for International Development (USAID) to carry
out their respective missions in the Western Hemisphere.
(b) Matters to Be Included.--The assessment described in
subsection (a) shall include each of the following:
(1) An accounting and description of the funds
available to SOUTHCOM, NORTHCOM, the Department of
State, and USAID.
(2) A list of bilateral and multilateral military
training and exercises with allies and partner
countries in the Western Hemisphere.
(3) A description of the security force activities
of the United States in the Western Hemisphere.
(4) A description of the activities of the
Departments of State and Defense in addressing security
challenges in the Western Hemisphere.
(5) Cyber domain activities of the United States
and those actions in concert with allied and partner
countries in the Western Hemisphere.
(6) A description of the funding for all
international military education and training programs.
(7) An overview of all foreign military sales and
foreign military financing programs with partner
countries in the Western Hemisphere.
(8) A list of investments, programs, or
partnerships in the Western Hemisphere by China, Iran,
Russia, or other adversarial groups or countries that
threaten the national security of the United States.
(9) Recommendations for actions the Department of
Defense, the Department of State, and USAID could take
to advance United States national security interests in
the Western Hemisphere.
(c) Access to Information.--The independent, non-
governmental institute described in subsection (a) with which
the Secretary enters into a contract pursuant to such
subsection shall have full and direct access to all information
related to resources available to SOUTHCOM, NORTHCOM, the
Department of State, and USAID.
(d) Reports Required.--
(1) Report of assessment.--The Secretary of Defense
shall include as a term in the contract entered into
pursuant to subsection (a) that the independent, non-
governmental institute shall submit to the Secretary of
Defense, the Secretary of State, and the Administrator
of the USAID a report containing the assessment
described in such subsection not later than 240 days
after the date of the enactment of this Act.
(2) Report to congress.--Not later than 1 year
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report that includes--
(A) an unedited copy of the report
submitted in accordance to paragraph (1); and
(B) any comments, changes, recommendations,
or other information of the Secretary of
Defense, the Secretary of State, and the
Administrator of the United States Agency for
International Development determine appropriate
that relates to the assessment required by
subsection (a) and contained in such report.
(3) Form.--The report required by paragraph (2)
shall be submitted in unclassified form but may include
a classified annex.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives.
SEC. 1266. HUMAN RIGHTS IN BRAZIL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes the
following:
(1) A description of the security cooperation
relationship between the United States and Brazil,
including a description of United States objectives,
any ongoing or planned security cooperation activities
with the military forces of Brazil, and an
identification of priority capabilities of the military
forces of Brazil that the Department could enhance.
(2) An assessment of the capabilities of the
military forces of Brazil.
(3) A description of the human rights climate in
Brazil, an assessment of the Brazilian military forces'
adherence to human rights, and a description of any
ongoing or planned cooperative activities between the
United States and Brazil focused on human rights.
(4) An identification of any Brazilian military and
security force units that are determined or credibly
alleged to have engaged in human rights violations and
have received or purchased United States equipment or
training.
(5) A description of the manner and extent to which
a security cooperation strategy between the United
States and Brazil could address any human rights abuses
identified pursuant to paragraph (3) or (4), encourage
accountability, and promote reform through training on
human rights, rule of law, and rules of engagement.
(6) Any other matter the Secretary determines to be
relevant.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1267. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any vehicles by
the Department of Defense to a joint task force of the Ministry
of Defense or the Ministry of the Interior of Guatemala during
fiscal year 2020, the Secretary of Defense shall certify to the
appropriate congressional committees that such ministries have
made a credible commitment to use such equipment only for the
uses for which they were intended.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 1268. INDEPENDENT ANALYSIS OF HUMAN RIGHTS SITUATION IN HONDURAS.
(a) Analysis Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall select and enter into an agreement with
an independent think tank or a federally funded
research and development center to conduct an analysis
of the compliance of the military and security forces
of Honduras with international human rights laws and
standards.
(2) Matters to be included.--The analysis under
paragraph (1) shall include the following:
(A) A description of the military-to-
military activities between the United States
and Honduras, including the manner in which
Department of Defense engagement with the
military and security forces of Honduras
supports the National Defense Strategy.
(B) An analysis of the activities of the
military and security forces of Honduras with
respect to human rights activists, including--
(i) a description of the processes
and procedures of the Department to
identify human rights violations; and
(ii) an analysis of whether such
processes and procedures comply with
Department policy on adherence to human
rights and international law.
(C) With respect to United States national
security interests, an analysis of the
challenges posed by corruption within the
military and security forces of Honduras,
including--
(i) an analysis of participation,
if any, by the military and security
forces of Honduras in illegal narcotics
trafficking activities; and
(ii) the processes and procedures
within the military and security forces
of Honduras to ensure accountability
for such activities.
(D) An analysis of--
(i) the security cooperation
provided to Honduras by the Department
during the 3-year period preceding the
date of the enactment of this Act; and
(ii) the extent to which such
cooperation has improved
accountability, transparency, and
compliance to international human
rights laws and standards in the
security and military operations of the
Government of Honduras.
(E)(i) An identification of the units of
the military and security forces of Honduras
trained by the Department.
(ii) An analysis of the role such units
have had, if any, in the training, deployment,
and command of the Military Police for Public
Order (PMOP) in Honduras.
(F) An analysis of the security cooperation
of the Department with military intelligence
and special forces units of Honduras.
(G) An analysis of the relative importance
of providing development assistance to Honduras
to achieve United States national security
objectives, including countering the
proliferation of illegal narcotics flows
through Honduras.
(H) Recommendations on the development of
future security cooperation with Honduras that
prioritizes--
(i) compliance of the military and
security forces of Honduras with human
rights laws and standards;
(ii) citizen security; and
(iii) the advancement of United
States national security interests with
respect to countering the proliferation
of illegal narcotics flows through
Honduras.
(I) Any other matters the Secretary
considers necessary and relevant to United
States national security interests.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the entity selected under subsection (a)
shall submit to the appropriate committees of Congress a report
on the results of the analysis conducted under that subsection.
(c) Department of Defense Support.--The Secretary shall
provide the entity selected under subsection (a) with timely
access to appropriate information, data, and analyses necessary
to carry out such analysis in a thorough and independent
manner.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1269. BRIEFING ON STRATEGY TO IMPROVE THE EFFORTS OF THE NIGERIAN
MILITARY TO PREVENT, MITIGATE, AND RESPOND TO
CIVILIAN HARM.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of State
shall jointly provide to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
briefing on--
(1) the current strategy to improve defense
institutions and security sector forces in Nigeria
required by section 1279A of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1701);
(2) any efforts planned or under way to assist the
Nigerian military to improve its efforts to prevent,
mitigate, and respond to civilian harm;
(3) an assessment of the effectiveness of such
training; and
(4) an overall assessment of efforts by the
Government of Nigeria to improve civilian protection,
accountability for human rights violations, and
transparency in the defense institutions and security
sector force.
SEC. 1270. REPORT ON IMPLICATIONS OF CHINESE MILITARY PRESENCE IN
DJIBOUTI.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains a comprehensive strategy to address security concerns
posed by the Chinese People's Liberation Army Support Base in
Djibouti to United States military installations and logistics
chains in sub-Saharan Africa and the Middle East.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of the potential military,
intelligence, and logistical threats facing regional
United States military infrastructure, supply chains,
and operations due to Chinese military presence in
Djibouti and a description of any efforts to mitigate
such threats.
(2) An assessment of Djibouti's Chinese-held public
debt as well as any other potential means of Chinese
economic coercion, and a description of the strategic
vulnerabilities posed to the United States if China
moves to claim the Port of Djibouti or other key
logistical assets in repayment.
(3) A description of the specific operational
challenges facing the United States military in the
Horn of Africa and the Middle East in the event that
access to the Port of Djibouti becomes limited or lost
in its entirety, as well as a description of any
contingency plans in the event of such scenarios.
(4) An identification of the measures in place to
mitigate risk of escalation between United States and
Chinese military assets in Djibouti or any additional
mechanisms that may be advisable.
(5) Any other matters the Secretary of Defense
considers appropriate.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1271. RULE OF CONSTRUCTION ON THE PERMANENT STATIONING OF UNITED
STATES ARMED FORCES IN SOMALIA.
Nothing in this Act may be construed to authorize the
permanent stationing of members of the Armed Forces in Somalia.
SEC. 1272. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a report that contains a description
of the United States defense and diplomatic strategy for Libya.
(b) Elements.--The report required by subsection (a) shall
include the following elements:
(1) An explanation of the defense and diplomatic
strategy for Libya, including a description of the
ends, ways, and means inherent to the strategy, and the
role of the Armed Forces in supporting the strategy.
(2) An explanation of the policy and legal
authorities of the Department of Defense and the
Department of State required to support the strategy.
(3) A detailed description of Department of Defense
security partnerships with Libyan actors.
(4) A detailed description of Libyan and external
security actors and an assessment of how those actors
advance or undermine stability in Libya and United
States strategic interests in Libya, including United
States interests in a political settlement to the
conflict in Libya.
(5) A detailed description of the military
activities of external actors in Libya, including
assessments of whether those activities--
(A) have undermined progress towards
stabilization of Libya, including the United
Nations-led negotiations;
(B) involve United States-origin equipment
and violate contractual conditions of
acceptable use of such equipment; or
(C) violate or seek to violate the United
Nations arms embargo on Libya imposed pursuant
to United Nations Security Council Resolution
1970 (2011).
(6) A description of any plans to integrate the
United States defense and diplomatic resources
necessary to implement the strategy.
(7) Any other matters the Secretaries considers
appropriate.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES
AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING
CIVIL WAR IN YEMEN.
For the two-year period beginning on the date of the
enactment of this Act, the Department of Defense may not
provide in-flight refueling pursuant to section 2342 of title
10, United States Code, or any other applicable statutory
authority, to non-United States aircraft that engage in
hostilities in the ongoing civil war in Yemen unless and until
a declaration of war or a specific statutory authorization for
such use of United States Armed Forces has been enacted.
SEC. 1274. REPORT ON SAUDI-LED COALITION STRIKES IN YEMEN.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter for two
years, the Secretary of Defense, in consultation with the
Secretary of State and the Director of National Intelligence,
shall submit to the appropriate congressional committees a
report on civilian casualties caused by the Saudi-led coalition
and by the Houthis as part of the civil war in Yemen.
(b) Matters to Be Included.--Each such report shall contain
the following:
(1) An estimate of the number of civilian
casualties resulting from operations by the Saudi-led
coalition and by the Houthis during the preceding year.
(2) An assessment of whether members of the Saudi-
led coalition and the Houthis followed the norms and
practices the United States military employs to avoid
civilian casualties and ensure proportionality.
(3) An assessment of whether operations executed by
members of the Saudi-led coalition and by the Houthis
are in compliance with the United States'
interpretation of the laws governing armed conflict and
proportionality.
(4) Any other matters the Secretary determines to
be relevant.
(c) Appropriate Congressional Committee Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1275. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT REFUELING OF
SAUDI COALITION AIRCRAFT CONDUCTING MISSIONS
RELATING TO CIVIL WAR IN YEMEN.
(a) Reports Required.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, and every 30 days
thereafter, the Secretary of Defense shall submit a
report to the appropriate committees of Congress
detailing the expenses incurred by the United States in
providing in-flight refueling services for Saudi or
Saudi-led coalition non-United States aircraft
conducting missions as part of the civil war in Yemen
during the period of March 1, 2015, through November
11, 2018, and the extent to which such expenses have
been reimbursed by members of the Saudi-led coalition.
(2) Elements.--Each report required under paragraph
(1) shall include the following:
(A) The total expenses incurred by the
United States in providing in-flight refueling
services, including fuel, flight hours, and
other applicable expenses, to Saudi or Saudi-
led coalition, non-United States aircraft
conducting missions as part of the civil war in
Yemen.
(B) The amount of the expenses described in
subparagraph (A) that has been reimbursed by
each member of the Saudi-led coalition.
(C) Any action taken by the United States
to recoup the remaining expenses described in
subparagraph (A), including any commitments by
members of the Saudi-led coalition to reimburse
the United States for such expenses.
(3) Sunset.--The reporting requirement under
paragraph (1) shall cease to be effective on the date
on which the Secretary certifies to the appropriate
committees of Congress that all expenses incurred by
the United States in providing in-flight refueling
services for Saudi or Saudi-led coalition non-United
States aircraft conducting missions as part of the
civil war in Yemen during the period of March 1, 2015,
through November 11, 2018, have been reimbursed.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the
Senate; and
(4) the Committee on Foreign Affairs of the House
of Representatives.
SEC. 1276. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report in writing
that--
(1) describes the extent to which officials of the
Government of Saudi Arabia, including members of the
military or security services, are responsible for or
complicit in gross violations of internationally
recognized human rights, including violations of the
human rights of journalists, bloggers, human rights
defenders, and those who support women's rights or
religious freedom;
(2) describes violations of human rights in Saudi
Arabia by officials of the Government of Saudi Arabia,
including against journalists, bloggers, human rights
defenders, and civil society activists;
(3) describes United States actions to address
Saudi violations of human rights, including against
journalists, bloggers, human rights defenders, and
civil society activists, including demands for clemency
review of these cases;
(4) describes any intolerant content in educational
materials published by Saudi Arabia's Ministry of
Education that are used in schools both inside Saudi
Arabia and at schools throughout the world; and
(5) describes United States actions to encourage
Saudi Arabia to retrieve and destroy materials with
intolerant material and revise teacher manuals and
retrain teachers to reflect changes in educational
materials and promote tolerance.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In the
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1277. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE
KILLING OF WASHINGTON POST COLUMNIST JAMAL
KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report consisting of--
(1) a determination and presentation of evidence
with respect to the advance knowledge and role of any
current or former official of the Government of Saudi
Arabia or any current or former senior Saudi political
figure over the directing, ordering, or tampering of
evidence in the killing of Washington Post columnist
Jamal Khashoggi; and
(2) a list of foreign persons that the Director of
National Intelligence has high confidence--
(A) were responsible for, or complicit in,
ordering, controlling, or otherwise directing
an act or acts contributing to or causing the
death of Jamal Khashoggi;
(B) knowingly and materially assisted,
sponsored, or provided financial, material, or
technological support for, or goods or services
in support of, an activity described in
subparagraph (A); or
(C) impeded the impartial investigation of
the killing of Jamal Khashoggi, including
through the tampering of evidence relating to
the investigation.
(b) Form.--
(1) In general.--The report required by subsection
(a) shall be submitted in unclassified form, but may
include a classified annex.
(2) Names of foreign persons listed.--The name of
each foreign person listed in the report described in
subsection (a)(2) shall be included in the unclassified
portion of the report unless the Director of National
Intelligence determines that such disclosure would
undermine United States intelligence sources and
methods or threaten the national security interests of
the United States.
(c) Defined.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Foreign Relations and
the Select Committee on Intelligence of the
Senate.
(2) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
SEC. 1278. UNITED STATES-ISRAEL COOPERATION TO COUNTER UNMANNED AERIAL
SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned
Aerial Systems.--
(1) In general.--The Secretary of Defense, upon
request of the Ministry of Defense of Israel and in
consultation with the Secretary of State and the
Director of National Intelligence, is authorized to
carry out research, development, test, and evaluation
activities, on a joint basis with Israel, to establish
capabilities for countering unmanned aerial systems
that threaten the United States or Israel. Any
activities carried out pursuant to such authority shall
be conducted in a manner that appropriately protects
sensitive technology and information and the national
security interests of the United States and Israel.
(2) Report.--The activities described in paragraph
(1) and subsection (b) may not be carried out until
after the Secretary of Defense submits to the
appropriate committees of Congress a report setting
forth the following:
(A) A memorandum of agreement between the
United States and Israel regarding sharing of
research and development costs for the
capabilities described in paragraph (1), and
any supporting documents.
(B) A certification that the memorandum of
agreement--
(i) requires sharing of costs of
projects, including in-kind support,
between the United States and Israel;
(ii) establishes a framework to
negotiate the rights to any
intellectual property developed under
the memorandum of agreement; and
(iii) requires the United States
Government to receive semiannual
reports on expenditure of funds, if
any, by the Government of Israel,
including a description of what the
funds have been used for, when funds
were expended, and an identification of
entities that expended the funds.
(b) Support in Connection With the Program.--
(1) In general.--The Secretary of Defense is
authorized to provide maintenance and sustainment
support to Israel for the research, development, test,
and evaluation activities authorized in subsection
(a)(1). Such authority includes authority to install
equipment necessary to carry out such research,
development, test, and evaluation activities.
(2) Report.--Support may not be provided under
paragraph (1) until 15 days after the Secretary submits
to the appropriate committees of Congress a report
setting forth a detailed description of the support to
be provided.
(3) Matching contribution.--
(A) In general.--Except as provided in
subparagraph (B), support may not be provided
under this subsection unless the Government of
Israel contributes an amount not less than the
amount of support to be so provided to the
program, project, or activity for which the
support is to be so provided in the calendar
year in which the support is provided.
(B) Exception.--Subject to paragraph (4),
the Secretary may use amounts available to the
Secretary in excess of the amount contributed
by the Government of Israel to provide support
under this subsection for costs associated with
any unique national requirement identified by
the United States with respect to countering
unmanned aerial systems.
(4) Annual limitation on amount.--The amount of
support provided under this subsection in any year may
not exceed $25,000,000.
(5) Use of certain amounts for rdt&e activities in
the united states.--Of the amount provided by the
United States in support under paragraph (1), not less
than 50 percent of such amount shall be used for
research, development, test, and evaluation activities
in the United States in connection with such support.
(c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military
department as the lead agency of the Department of Defense in
carrying out this section.
(d) Semiannual Reports.--The Secretary of Defense shall
submit to the appropriate committees of Congress on a
semiannual basis a report that contains a copy of the most
recent semiannual report provided by the Government of Israel
to the Department of Defense pursuant to subsection
(a)(2)(B)(iii).
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
the Committee on Appropriations, and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(f) Sunset.--The authority in this section to carry out
activities described in subsection (a), and to provide support
described in subsection (b), shall expire on December 31, 2024.
SEC. 1279. EXTENSION AND MODIFICATION OF AUTHORITY FOR UNITED STATES-
ISRAEL ANTI-TUNNEL COOPERATION ACTIVITIES.
(a) Modification of Authority.--Subsection (a) of section
1279 of the National Defense Authorization Act for Fiscal Year
2016 (22 U.S.C. 8606 note) is amended, in the first sentence,
by striking ``and to establish capabilities for countering
unmanned aerial systems''.
(b) Exception to Matching Contribution Requirement.--
Subsection (b)(3) of such section is amended--
(1) by striking ``Support'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), support''; and
(2) by adding at the end the following:
``(B) Exception.--Subject to paragraph (4),
the Secretary may use amounts available to the
Secretary in excess of the amount contributed
by the Government of Israel to provide support
under this subsection for costs associated with
any unique national requirement identified by
the United States with respect to anti-tunnel
capabilities.''.
(c) Extension.--Subsection (f) of such section is amended
by striking ``December 31, 2020'' and inserting ``December 31,
2024''.
SEC. 1280. REPORT ON COST IMPOSITION STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the heads of other Federal departments and
agencies, as appropriate, shall submit to the congressional
defense committees a report describing the cost imposition
strategies of the Department of Defense with respect to the
People's Republic of China and the Russian Federation.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the manner in which the
future-years defense program and current operational
concepts of the Department are designed to impose costs
on the People's Republic of China and the Russian
Federation, including--
(A) political, economic, budgetary, human
capital, and technology costs; and
(B) costs associated with military
efficiency and effectiveness.
(2) A description of the policies and processes of
the Department relating to the development and
execution of cost imposition strategies.
(c) Form.--The report under subsection (a) shall be
submitted in classified form, and shall include an unclassified
summary.
SEC. 1281. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE
AND OTHER SECURITY THREATS.
(a) In General.--Subsection (a) of section 1286 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended, in the matter preceding
paragraph (1), by striking ``academic institutions'' and
inserting ``institutions of higher education''.
(b) Additional Requirements.--Subsection (c) of such
section is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Training developed and delivered in
consultation with institutions of higher education and
appropriate Government agencies, and other support to
institutions of higher education, to promote security
and limit undue influence on institutions of higher
education and personnel, including Department of
Defense financial support to carry out such activities,
that--
``(A) emphasizes best practices for
protection of sensitive national security
information; and
``(B) includes the dissemination of
unclassified materials and resources for
identifying and protecting against emerging
threats to institutions of higher education,
including specific counterintelligence
information and advice developed specifically
for faculty and academic researchers based on
actual identified threats.'';
(2) in paragraph (3), by striking ``and academic
institutions'';
(3) in paragraph (7), by striking ``academic
institution'' and inserting ``institution of higher
education''; and
(4) by adding at the end the following new
paragraph:
``(8) A list, developed and continuously updated in
consultation with the Bureau of Industry and Security
of the Department of Commerce, the Director of National
Intelligence, United States institutions of higher
education that conduct significant Department of
Defense research or engineering activities, and other
appropriate individuals and organizations, of academic
institutions of the People's Republic of China, the
Russian Federation, and other countries, that--
``(A) have a history of improper technology
transfer, intellectual property theft, or cyber
or human espionage;
``(B) operate under the direction of the
military forces or intelligence agency of the
applicable country;
``(C) are known--
``(i) to recruit foreign
individuals for the purpose of
transferring knowledge to advance
military or intelligence efforts; or
``(ii) to provide misleading
information or otherwise attempt to
conceal the connections of an
individual or institution to a defense
or an intelligence agency of the
applicable country; or
``(D) pose a serious risk of improper
technology transfer of data, technology, or
research that is not published or publicly
available.''.
(c) Procedures for Enhanced Information Sharing.--
Subsection (d) of such section is amended to read as follows:
``(d) Procedures for Enhanced Information Sharing.--
``(1) In general.--Not later than October 1, 2020,
for the purpose of maintaining appropriate security
controls over research activities, technical
information, and intellectual property, the Secretary,
in conjunction with appropriate public and private
entities, shall establish streamlined procedures to
collect appropriate information relating to
individuals, including United States citizens and
foreign nationals, who participate in defense research
and development activities (other than basic research).
``(2) Protection from release.--The procedures
required by paragraph (1) shall include procedures to
protect such information from release, consistent with
applicable regulations.
``(3) Reporting to government information systems
and repositories.--The procedures required by paragraph
(1) may include procedures developed, in coordination
with appropriate public and private entities, to report
such information to existing Government information
systems and repositories.''.
(d) Annual Report.--Subsection (e) of such section is
amended--
(1) in the subsection heading, by inserting
``Annual'' before ``Report'';
(2) in paragraph (1), by striking ``one year after
the date of the enactment'' and all that follows
through ``the Secretary'' and inserting ``April 30,
2020, and annually thereafter, the Secretary, acting
through appropriate Government officials (including the
Under Secretary for Research and Engineering),''; and
(3) in paragraph (2), by adding at the end the
following new subparagraph:
``(F) Identification of any incident
relating to undue influence to security threats
to academic research activities funded by the
Department of Defense, including theft of
property or intellectual property relating to a
project funded by the Department at an
institution of higher education.''.
SEC. 1282. MODIFICATION OF RESPONSIBILITY FOR POLICY ON CIVILIAN
CASUALTY MATTERS.
Section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 134 note) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by inserting
``appropriate to the specific regional
circumstances'' after ``publicly available
means'';
(B) in paragraph (5)--
(i) in subparagraph (A), by
inserting ``, including for
acknowledging the status of any
individuals killed or injured who were
believed to be enemy combatants, but
subsequently determined to be non-
combatants'' after ``operations''; and
(ii) in subparagraph (B)--
(I) by inserting ``or other
assistance'' after
``payments''; and
(II) by striking
``necessary'' and inserting
``reasonable and culturally
appropriate''; and
(C) in paragraph (7), by striking ``and''
at the end;
(D) by redesignating paragraph (8) as
paragraph (9); and
(E) by inserting after paragraph (7) the
following:
``(8) cultivating, developing, retaining, and
disseminating--
``(A) lessons learned for integrating
civilian protection into operational planning
and identifying the proximate cause or causes
of civilian casualties; and
``(B) practices developed to prevent,
mitigate, or respond to such casualties;'';
(2) by redesignating subsection (c) as subsection
(d);
(3) by inserting after subsection (b) the
following:
``(c) Coordination.--The senior civilian official
designated under subsection (a) shall develop and implement
steps to increase coordination with the relevant Chiefs of
Mission and other appropriate positions in the Department of
State with respect to the policies required pursuant to
subsection (a) and other matters or assistance related to
civilian harm, resulting from military operations.''; and
(4) by inserting after subsection (d), as so
redesignated, the following:
``(e) Briefing.--Not later than 180 days after the date of
the enactment of this subsection, the senior civilian official
designated under subsection (a) shall provide to the
congressional defense committees a briefing on--
``(1) the updates made to the policy developed by
the senior civilian official pursuant to this section;
and
``(2) the efforts of the Department to implement
such updates.''.
SEC. 1283. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH
CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report on
addressing the threat or potential threat posed by the export,
reexport, or in-country transfer of satellites described in
section 1261(c)(1) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C. 2778 note)
to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this
subsection is an entity the beneficial owner of which
is--
(A) an individual who is a citizen or
national of a country described in section
1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of
or otherwise subject to the jurisdiction of
such a country;
(C) the government of such a country; or
(D) any other individual or entity the
Secretary determines would detrimentally affect
the national security of the United States.
(2) Determination of beneficial ownership.--For
purposes of paragraph (1), the Secretary shall identify
a person as the beneficial owner of an entity--
(A) 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); and
(B) based on a threshold, to be determined
by the Secretary, based on an assessment of
whether the person's position would give the
person an opportunity to control the use of a
satellite described in section 1261(c)(1) of
the National Defense Authorization Act for
Fiscal Year 2013 and exported, reexported, or
transferred in country to the entity.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) An evaluation of whether satellites described
in section 1261(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 have been
exported, reexported, or transferred in-country,
directly or indirectly, to entities described in
subsection (b).
(2) An examination of the effect on national
security of the potential export, reexport, or in-
country transfer of satellites in compliance with
section 1261(c) of the National Defense Authorization
Act for Fiscal Year 2013 in circumstances in which the
services, bandwidth, or functions of the satellites
could subsequently be leased or sold to, or otherwise
used by, an entity described in subsection (b).
(3) An examination of the effect on national
security of not limiting the export, reexport, or in-
country transfer of such satellites to entities
described in subsection (b).
(4) Recommendations for, and an assessment of the
effectiveness of, a licensing condition that would
prohibit or limit the export, reexport, or in-country
transfer of such satellites to, or the use of such
satellites by, entities described in subsection (b).
(5) An assessment, based on realistic and
justifiable assumptions and forecasts, of the economic
implications of and potential harm caused by a
licensing condition described in paragraph (4) on the
United States industries that develop or produce
satellites and commercial telecommunications equipment
that do not have direct national security ties.
(6) An evaluation of the resources necessary to
ensure the ability of the Bureau of Industry and
Security of the Department of Commerce--
(A) to adequately identify and analyze the
beneficial owners of entities in decisions
relating to--
(i) issuing licenses for the
export, reexport, or in-country
transfer of such satellites to such
entities; or
(ii) the ultimate end uses and end-
users of such satellites; and
(B) when evaluating such a decision--
(i) to have full knowledge of the
potential end-user of the satellite and
the current beneficial owner of the
entity; and
(ii) to be able to determine
whether issuing the license would be
inconsistent with the goal of
preventing entities described in
subsection (b) from accessing or using
such satellites.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Commerce, Science, and Transportation, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Energy and
Commerce, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1284. RULE OF CONSTRUCTION RELATING TO THE USE OF MILITARY FORCE.
Nothing in this Act, or any amendment made by this Act, may
be construed to authorize the use of military force, including
the use of military force against Iran or any other country.
SEC. 1285. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND SUPPORT
OF PARTNER FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
report on actions taken pursuant to the Authorization for Use
of Military Force (Public Law 107-40) against those countries
or organizations described in such law, as well as any actions
taken to command, coordinate, participate in the movement of,
or accompany the regular or irregular military forces of any
foreign country or government when such forces are engaged in
hostilities or in situations where imminent involvement in
hostilities is clearly indicated by the circumstances, during
the preceding 180-day period.
(b) Matters to Be Included.--The report required by
subsection (a) shall include, with respect to the time period
for which the report was submitted, the following:
(1) A list of each country or organization with
respect to which force has been used pursuant to the
Authorization for Use of Military Force, including the
legal and factual basis for the determination that
authority under such law applies with respect to each
such country or organization.
(2) An intelligence assessment of the risk to the
United States posed by each such country or
organization.
(3) A list of each country in which operations were
conducted pursuant to such law and a description of the
circumstances necessitating the use of force pursuant
to such law, including whether the country is
designated as an area of active hostilities.
(4) A general description of the status of
operations conducted pursuant to such law as well as a
description of the expected scope and duration of such
operations.
(5) A list of each partner force and country with
respect to which United States Armed Forces have
commanded, coordinated, participated in the movement
of, or accompanied the regular or irregular forces of
any foreign country or government that have engaged in
hostilities or there existed an imminent threat that
such forces would become engaged in hostilities,
including--
(A) a delineation of any such instances in
which such United States Armed Forces were or
were not operating under the Authorization for
Use of Military Force; and
(B) a determination of whether the foreign
forces, irregular forces, groups, or
individuals against which such hostilities
occurred are covered by such law.
(6) A description of the actual and proposed
contributions, including financing, equipment,
training, troops, and logistical support, provided by
each foreign country that participates in any
international coalition with the United States to
combat a country or organization described in the
Authorization for Use of Military Force.
(c) Form.--The information required under paragraphs (1)
and (2) of subsection (b) shall be submitted in unclassified
form.
(d) Other Reports.--If United States Armed Forces are
introduced into hostilities, or into situations where imminent
involvement in hostilities is clearly indicated by the
circumstances, against any country, organization, or person
pursuant to statutory or constitutional authorities other than
Authorization for Use of Military Force, the President shall
comply with the reporting requirements under--
(1) this section to the same extent and in the same
manner as if such actions had been taken under
Authorization for Use of Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et
seq.); and
(3) any other applicable provision of law.
(e) Briefings.--At least once during each 180-day period
described in subsection (a), the President shall provide to the
congressional defense committees, the Committee on Foreign
Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a briefing on the matters
covered by the report required under this section for such
period.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
SECTION 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT
REDUCTION FUNDS.
(a) Funding Allocations.--Of the $338,700,000 authorized to
be appropriated to the Department of Defense for fiscal year
2010 in section 301 and made available by the funding table in
division D for the Department of Defense Cooperative Threat
Reduction Program established under section 1321 of the
Department of Defense Cooperative Threat Reduction Act (50
U.S.C. 3711), the following amounts may be obligated for the
purposes specified:
(1) For strategic offensive arms elimination,
$492,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement,
$183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2020, 2021, and 2022.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
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.
Subtitle B--Other Matters
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.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2020 for expenses, not otherwise provided for, for
Chemical Agents and Munitions Destruction, Defense, as
specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the
Department of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of
the United States that is not covered by section 1412
of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible beneficiaries,
as specified in the funding table in section 4501.
Subtitle B--Other Matters
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.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available for
the Defense Health Program for operation and maintenance,
$127,000,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense-Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2571).
For purposes of subsection (a)(2) of such section 1704, any
funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal
year 2020 from the Armed Forces Retirement Home Trust Fund the
sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
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.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
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. 1501. PURPOSE.
The purposes of this title are to authorize appropriations
for the Department of Defense for fiscal year 2020--
(1) to provide additional funds for overseas
contingency operations being carried out by the Armed
Forces; and
(2) to provide additional emergency funds for the
recovery and restoration of military missions and
activities at military installations in California,
Florida, North Carolina, and Nebraska that were
impacted by natural disasters.
SEC. 1502. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be appropriated
by this Act.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
SEC. 1511. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Department of Defense for overseas
contingency operations in such amounts as may be designated as
provided in section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(A)(ii)).
SEC. 1512. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1513. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1514. OPERATION AND MAINTENANCE.
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 4302.
SEC. 1515. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for expenses, not
otherwise provided for, military personnel accounts, as
specified in the funding table in section 4402.
SEC. 1516. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other activities
and agencies of the Department of Defense for providing capital
for working capital and revolving funds, as specified in the
funding table in section 4502.
SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-Drug
Activities, Defense-wide, as specified in the funding table in
section 4502.
SEC. 1518. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector General
of the Department of Defense, as specified in the funding table
in section 4502.
SEC. 1519. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
SEC. 1520. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2020 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of
the National Defense Authorization Act for Fiscal Year
2008 (Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2577).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to
paragraph (2), the Secretary of Defense may accept
equipment that is procured using amounts authorized to
be appropriated for the Afghanistan Security Forces
Fund by this Act and is intended for transfer to the
security forces of the Ministry of Defense and the
Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security
forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such
equipment was procured for the purpose of meeting
requirements of the security forces of the Ministry of
Defense and the Ministry of the Interior of the
Government of Afghanistan, as agreed to by both the
Government of Afghanistan and the Government of the
United States, but is no longer required by such
security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a
determination under paragraph (2) regarding equipment,
the Commander of United States forces in Afghanistan
shall consider alternatives to the acceptance of such
equipment by the Secretary. An explanation of each
determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required
under paragraph (5).
(4) Treatment as department of defense stocks.--
Equipment accepted under the authority provided by
paragraph (1) may be treated as stocks of the
Department of Defense upon notification to the
congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days
after the date of the enactment of this Act and
every 90-day period thereafter during which the
authority provided by paragraph (1) is
exercised, the Secretary shall submit to the
congressional defense committees a report
describing the equipment accepted during the
period covered by such report under the
following:
(i) This subsection.
(ii) Section 1521(b) of the
National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2575).
(iii) Section 1531(b) of the
National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1088).
(iv) Section 1532(b) of the Carl
Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3613).
(v) Section 1531(d) of the National
Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat.
938; 10 U.S.C. 2302 note).
(B) Elements.--Each report under
subparagraph (A) shall include a list of all
equipment that was accepted during the period
covered by such report and treated as stocks of
the Department of Defense and copies of the
determinations made under paragraph (2), as
required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the
Department of Defense for the Afghan Security Forces
Fund for fiscal year 2020, it is the goal that
$45,500,000, but in no event less than $10,000,000,
shall be used for--
(A) the recruitment, integration,
retention, training, and treatment of women in
the Afghan National Defense and Security
Forces; and
(B) the recruitment, training, and
contracting of female security personnel for
future elections.
(2) Types of programs and activities.--Such
programs and activities may include--
(A) efforts to recruit and retain women
into the Afghan National Defense and Security
Forces, including the special operations
forces;
(B) programs and activities of the
Directorate of Human Rights and Gender
Integration of the Ministry of Defense of
Afghanistan and the Office of Human Rights,
Gender and Child Rights of the Ministry of
Interior of Afghanistan;
(C) development and dissemination of gender
and human rights educational and training
materials and programs within the Ministry of
Defense and the Ministry of Interior of
Afghanistan;
(D) efforts to address harassment and
violence against women within the Afghan
National Defense and Security Forces;
(E) improvements to infrastructure that
address the requirements of women serving in
the Afghan National Defense and Security
Forces, including appropriate equipment for
female security and police forces, and
transportation for policewomen to their
station;
(F) support for Afghanistan National Police
Family Response Units;
(G) security provisions for high-profile
female police and military officers;
(H) programs to promote conflict
prevention, management, and resolution through
the meaningful participation of Afghan women in
the Afghan National Defense and Security
Forces, by exposing Afghan women and girls to
the activities of and careers available with
such forces, encouraging their interest in such
careers, or developing their interest and
skills necessary for service in such forces;
and
(I) enhancements to Afghan National Defense
and Security Forces recruitment programs for
targeted advertising with the goal of
increasing the number of female recruits.
(d) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than June 1,
2020, the Secretary of Defense shall, in consultation
with the Secretary of State, submit to the Committee on
Armed Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Armed
Services and the Committee on Foreign Relations of the
Senate an assessment describing--
(A) the progress of the Government of the
Islamic Republic of Afghanistan toward meeting
shared security objectives; and
(B) the efforts of the Government of the
Islamic Republic of Afghanistan to manage,
employ, and sustain the equipment and inventory
provided under subsection (a).
(2) Matters to be included.--In conducting the
assessment required by paragraph (1), the Secretary of
Defense shall include each of the following:
(A) The extent to which the Government of
Afghanistan has a strategy for, and has taken
steps toward, increased accountability and the
reduction of corruption within the Ministry of
Defense and the Ministry of Interior of
Afghanistan.
(B) The extent to which the capability and
capacity of the Afghan National Defense and
Security Forces have improved as a result of
Afghanistan Security Forces Fund investment,
including through training, and an articulation
of the metrics used to assess such
improvements.
(C) The extent to which the Afghan National
Defense and Security Forces have been able to
increase pressure on the Taliban, al-Qaeda, the
Haqqani network, the Islamic State of Iraq and
Syria-Khorasan, and other terrorist
organizations, including by re-taking
territory, defending territory, and disrupting
attacks.
(D) The distribution practices of the
Afghan National Defense and Security Forces and
whether the Government of Afghanistan is
ensuring that supplies, equipment, and weaponry
supplied by the United States are appropriately
distributed to, and employed by, security
forces charged with fighting the Taliban and
other terrorist organizations.
(E) A description of--
(i) the policy governing the use of
Acquisition and Cross Servicing
Agreements (ACSA) in Afghanistan;
(ii) each ACSA transaction by type,
amount, and recipient for the period
beginning on October 1, 2018, and
ending December 31, 2019; and
(iii) for any transactions from the
United States to Afghan military
forces, an explanation for why such
transaction was not carried out under
the authorities of the Afghanistan
Security Forces Fund.
(F) The extent to which the Government of
Afghanistan has designated the appropriate
staff, prioritized the development of relevant
processes, and provided or requested the
allocation of resources necessary to support a
peace and reconciliation process in
Afghanistan.
(G) A description of the ability of the
Ministry of Defense and the Ministry of
Interior of Afghanistan to manage and account
for previously divested equipment, including a
description of any vulnerabilities or
weaknesses of the internal controls of such
Ministry of Defense and Ministry of Interior
and any plan in place to address shortfalls.
(H) A description of any significant
irregularities in the divestment of equipment
to the Afghan National Defense and Security
Forces during the period beginning on May 1,
2019, and ending on May 1, 2020, including any
major losses of such equipment or any inability
on the part of the Afghan National Defense and
Security Forces to account for equipment so
procured.
(I) A description of the sustainment and
maintenance costs required during the 5-year
period beginning on the date of the enactment
of this Act, for major weapons platforms
previously divested, and a description of the
plan for the Afghan National Defense and
Security Forces to maintain such platforms in
the future.
(J) The extent to which the Government of
Afghanistan is adhering to conditions for
receiving assistance established in annual
financial commitment letters or any other
bilateral agreements with the United States.
(K) The extent to which the Government of
Afghanistan has made progress in achieving
security sector benchmarks as outlined by the
United States-Afghan Compact (commonly known as
the ``Kabul Compact'') and a description of any
other documents, plans, or agreements used by
the United States to measure security sector
progress.
(L) Such other factors as the Secretaries
consider appropriate.
(3) Form.--The assessment required by paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(4) Withholding of assistance for insufficient
progress.--
(A) In general.--If the Secretary of
Defense determines, in coordination with the
Secretary of State and pursuant to the
assessment under paragraph (1), that the
Government of Afghanistan has made insufficient
progress in the areas described in paragraph
(2), the Secretary of Defense shall--
(i) withhold $480,000,000, to be
derived from amounts made available for
assistance for the Afghan National
Defense and Security Forces, from
expenditure or obligation until the
date on which the Secretary certifies
to the congressional defense committees
that the Government of Afghanistan has
made sufficient progress; and
(ii) notify the congressional
defense committees not later than 30
days before withholding such funds.
(B) Waiver.--If the Secretary of Defense
determines that withholding such assistance
would impede the national security objectives
of the United States by prohibiting,
restricting, delaying, or otherwise limiting
the provision of assistance, the Secretary may
waive the withholding requirement under
subparagraph (A) if the Secretary, in
coordination with the Secretary of State,
certifies such determination to the
congressional defense committees not later than
30 days before the effective date of the
waiver.
(e) Additional Reporting Requirements.--The Secretary of
Defense shall include in the materials submitted in support of
the budget for fiscal year 2021 that is submitted by the
President under section 1105(a) of title 31, United States
Code, each of the following:
(1) The amount of funding provided in fiscal year
2019 through the Afghanistan Security Forces Fund to
the Government of Afghanistan in the form of direct
government-to-government assistance or on-budget
assistance for the purposes of supporting any entity of
such government, including the Afghan National Defense
and Security Forces, the Afghan Ministry of Interior,
or the Afghan Ministry of Defense.
(2) The amount of funding provided and anticipated
to be provided, as of the date of the submission of the
materials, in fiscal year 2020 through such Fund in
such form.
(3) To the extent the amount described in paragraph
(2) exceeds the amount described in paragraph (1), an
explanation as to the reason why the such amount is
greater and the specific entities and purposes that
were supported by such increase.
SEC. 1520A. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary
of Defense that such action is necessary in the
national interest, the Secretary may transfer amounts
of authorizations made available to the Department of
Defense in this subtitle for fiscal year 2020 between
any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for
the same purposes as the authorization to which
transferred.
(2) Limitation.--The total amount of authorizations
that the Secretary may transfer under the authority of
this subsection may not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
SEC. 1521. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4103.
SEC. 1522. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4203.
SEC. 1523. OPERATION AND MAINTENANCE.
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 4303.
SEC. 1524. RESTRICTION ON TRANSFER OF FUNDS AUTHORIZED BY THIS
SUBTITLE.
(a) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this subtitle for
fiscal year 2020 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with the
authorization to which transferred and shall be available for
the recovery and restoration of military missions and
activities at military installations in California, Florida,
North Carolina, and Nebraska impacted by natural disasters.
(b) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under sections 1001 and 1520A.
(c) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as transfers
under section 1001.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
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.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
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.
Subtitle C--Cyberspace-Related Matters
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.
Subtitle D--Nuclear Forces
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.
Subtitle E--Missile Defense Programs
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.
Subtitle F--Other Matters
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.
Subtitle A--Space Activities
SEC. 1601. REPEAL OF REQUIREMENT TO ESTABLISH UNITED STATES SPACE
COMMAND AS A SUBORDINATE UNIFIED COMMAND OF THE
UNITED STATES STRATEGIC COMMAND.
(a) In General.--Section 169 of title 10, United States
Code, is repealed.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 6 of title
10, United States Code, is amended by striking the item
relating to section 169.
(2) Section 2273a(d)(3) of title 10, United States
Code, is amended by striking ``The Commander of the
United States Strategic Command, acting through the
United States Space Command,'' and inserting ``The
Commander of the United States Space Command, or, if no
such command exists, the Commander of the United States
Strategic Command,''.
SEC. 1602. COORDINATION OF MODERNIZATION EFFORTS RELATING TO MILITARY-
CODE CAPABLE GPS RECEIVER CARDS.
Section 1610 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2111; 10 U.S.C. 2281 note) is amended--
(1) in subsection (b)(2), by striking the period at
the end and inserting ``, including with respect to
each program of the Department that requires M-code
capable receiver cards.''; and
(2) in subsection (c), by striking the period at
the end and inserting ``, and shall clarify the roles
of the Chief Information Officer and the Council on
Oversight of the Department of Defense Positioning,
Navigation, and Timing Enterprise with respect to M-
code modernization efforts.''.
SEC. 1603. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING,
NAVIGATION, AND TIMING CAPABILITIES OF GLOBAL
POSITIONING SYSTEM.
Effective on June 1, 2019, section 1606 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1725) is amended--
(1) in subsection (c)(2), by striking ``the date
that is 18 months after the date of the enactment of
this Act'' and inserting ``December 31, 2020''; and
(2) in subsection (d), by striking ``18 months
after the date of the enactment of this Act'' and
inserting ``December 31, 2020''.
SEC. 1604. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION AND
EXPLOITATION OF OVERHEAD PERSISTENT INFRARED
CAPABILITY.
Section 1618(c) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note)
is amended by striking ``for a fiscal year'' and inserting
``for each of fiscal years 2021 through 2028''.
SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING MISSION REQUIREMENTS.
(a) Procurement of Modernized Pathfinder Program
Satellite.--
(1) In general.--The Secretary of the Air Force
shall procure a modernized pathfinder program satellite
that--
(A) addresses space-based environmental
monitoring mission requirements;
(B) reduces the risk that the Department of
Defense experiences a gap in meeting such
requirements during the period beginning
January 1, 2023, and ending December 31, 2025;
and
(C) is launched not later than January 1,
2023.
(2) Type of satellite.--The satellite described in
paragraph (1) may be a free-flyer or a hosted payload
satellite.
(3) Plan.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Air
Force shall submit to the appropriate congressional
committees a plan to procure and launch the satellite
described in paragraph (1), including with respect to--
(A) the requirements for such satellite,
including operational requirements;
(B) timelines for such procurement and
launch;
(C) costs for such procurement and launch;
and
(D) the launch plan.
(4) Procedures.--The Secretary of the Air Force
shall ensure that the satellite described in paragraph
(1) is procured using full and open competition through
the use of competitive procedures.
(5) Withholding of funds.--The amount equal to 10
percent of the total amount authorized to be
appropriated to the Office of the Secretary of Air
Force for the travel of persons under the Operations
and Maintenance, Defense-Wide account shall be withheld
from obligation or expenditure until the date on which
a contract is awarded for the procurement of the
satellite described in paragraph (1).
(b) Weather System Satellite.--The Secretary of the Air
Force shall ensure that the electro-optical/infrared weather
system satellite--
(1) meets space-based environmental monitoring
mission requirements;
(2) is procured using full and open competition
through the use of competitive procedures; and
(3) is launched not later than September 30, 2025.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(2) The term ``space-based environmental monitoring
mission requirements'' means the national security
requirements for cloud characterization and theater
weather imagery.
SEC. 1606. RESILIENT ENTERPRISE GROUND ARCHITECTURE.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force, to advance the security of the
space assets of the Department of Defense, should--
(1) expand on complementary efforts within the Air
Force that promote the adoption of a resilient
enterprise ground architecture that is responsive to
new and changing threats and can rapidly integrate new
capabilities to make the warfighting force of the
United States more resilient in a contested
battlespace; and
(2) prioritize the swift transition of space ground
architecture to a common platform and leverage
commercial capabilities in concurrence with the 2015
intent memorandum of the Commander of the Air Force
Space Command.
(b) Future Architecture.--The Secretary of Defense shall,
to the extent practicable--
(1) develop future satellite ground architectures
of the Department of Defense to be compatible with
complementary commercial systems that can support
uplink and downlink capabilities with dual-band
spacecraft; and
(2) emphasize that future ground architecture
transition away from stove-piped systems to a service-
based platform that provides members of the Armed
Forces with flexible and adaptable capabilities that--
(A) use, as applicable, commercially
available capabilities and technologies for
increased resiliency and cost savings; and
(B) build commercial opportunity and
integration across the range of resilient space
systems.
(c) 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 future
architecture described in subsection (b).
SEC. 1607. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.
(a) Prototype Multi-GNSS Program.--The Secretary of the Air
Force shall carry out a program to prototype an M-code based,
multi-global navigation satellite system receiver that is
capable of receiving covered signals to increase the resilience
and capability of military position, navigation, and timing
equipment against threats to the Global Positioning System and
to deter the likelihood of attack on the worldwide Global
Positioning System by reducing the benefits of such an attack.
(b) Elements.--In carrying out the program under subsection
(a), the Secretary shall--
(1) with respect to each covered signal that could
be received by the prototype receiver under such
program, conduct an assessment of the relative benefits
and risks of using that signal, including with respect
to any existing or needed monitoring infrastructure
that would alert users of the Department of Defense of
potentially corrupted signal information, and the cyber
risks and challenges of incorporating such signals into
a properly designed receiver;
(2) ensure that monitoring systems are able to
include any monitoring network of the United States or
allies of the United States;
(3) conduct an assessment of the benefits and
risks, including with respect to the compatibility of
non-United States global navigation satellite system
signals with existing position, navigation, and timing
equipment of the United States, and the extent to which
the capability to receive such signals would impact
current receiver or antenna design; and
(4) conduct an assessment of the desirability of
establishing a program for the development and
deployment of the receiver system described in
subsection (a) in a manner that--
(A) is a cooperative effort, coordinated
with the Secretary of State, between the United
States and the allies of the United States that
may also have interest in funding a multi-
global navigation satellite system and M-code
program; and
(B) the Secretary of Defense, in
coordination with the Secretary of State,
ensures that the United States has access to
sufficient insight into trusted signals of
allied systems to assure potential reliance by
the United States on such signals.
(c) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination with
the Air Force GPS User Equipment Program office, shall provide
to the congressional defense committees a briefing on a plan to
carry out the program under subsection (a) that includes--
(1) the estimated cost, including total cost and
out-year funding requirements for a program to develop
and deploy the receiver system described in subsection
(a);
(2) the schedule for such program;
(3) a plan for how the results of the program could
be incorporated into future blocks of the Global
Positioning System military user equipment program; and
(4) the recommendations and analysis contained in
the study sponsored by the Department of Defense
conducted by the MITRE Corporation on the risks,
benefits, and approaches to adding multi-global
navigation satellite system capabilities to military
user equipment.
(d) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report containing--
(1) an explanation of how the Secretary intends to
comply with section 1609 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 10 U.S.C. 2281 note);
(2) an outline of any potential cooperative efforts
acting in accordance with the North Atlantic Treaty
Organization, the European Union, or Japan that would
support such compliance;
(3) an assessment of the potential to host, or
incorporate through software-defined payloads, Global
Positioning System M-code functionality onto allied
global navigation satellite system systems; and
(4) an assessment of new or enhanced monitoring
capabilities that would be needed to incorporate global
navigation satellite system functionality into weapon
systems of the Department.
(e) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for increment 2 of the acquisition of military Global
Positioning System user equipment terminals, not more than 90
percent may be obligated or expended until the date on which
the briefing has been provided under subsection (c) and the
report has been submitted under subsection (d).
(f) Waiver Authority for Trusted Signals Capabilities.--
Section 1609(a)(2)(B) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2281 note) is amended by striking ``such capability''
and inserting ``the capability to add multi-Global Navigation
Satellite System signals to provide substantive military
utility''.
(g) Definitions.--In this section:
(1) The term ``allied systems'' means--
(A) the Galileo system of the European
Union;
(B) the QZSS system of Japan; and
(C) upon designation by the Secretary of
Defense, in consultation with the Director of
National Intelligence--
(i) the NAVIC system of India; and
(ii) any similarly associated wide
area augmentation systems.
(2) The term ``covered signals''--
(A) means global navigation satellite
system signals from--
(i) allied systems; and
(ii) non-allied systems; and
(B) includes both encrypted signals and
open signals.
(3) The term ``encrypted signals'' means global
navigation satellite system signals that incorporate
encryption or other internal methods to authenticate
signal information.
(4) The term ``M-code'' means, with respect to
global navigation satellite system signals, military
code that provides enhanced positioning, navigation,
and timing capabilities and improved resistance to
existing and emerging threats, such as jamming.
(5) The term ``non-allied systems'' means--
(A) the Russian GLONASS system; and
(B) the Chinese Beidou system.
(6) The term ``open signals'' means global
navigation satellite system that do not include
encryption or other internal methods to authenticate
signal information.
SEC. 1608. COMMERCIAL SPACE SITUATIONAL AWARENESS CAPABILITIES.
(a) Certification.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force,
without delegation, shall certify to the congressional defense
committees that the Air Force is using commercial space
situational awareness services.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the enterprise space battle management command and control,
not more than 85 percent may be obligated or expended until the
date on which the Secretary of the Air Force makes the
certification under subsection (a).
(c) Report.--Not later than March 1, 2020, the Secretary of
the Air Force shall submit to the congressional defense
committees a report on using commercial space situational
awareness services to fill the space situational awareness
requirements that were not filled in the Joint Space Operations
Center Mission Center. The report shall include the following:
(1) A description of current domestic commercial
capabilities to detect and track space objects in low-
Earth orbit below the 10 centimeter threshold of legacy
systems.
(2) A description of current domestic best-in-breed
commercial capabilities that can meet such
requirements.
(3) Estimates of the timelines, milestones, and
funding requirements to procure a near-term solution to
meet such requirements until the development programs
of the Air Force are projected to be operationally
fielded.
(d) Commercial Space Situational Awareness Services
Defined.--In this section, the term ``commercial space
situational awareness services'' means commercial space
situational awareness processing software and data from
commercial sensors to address warfighter requirements and fill
gaps in current space situational capabilities of the Air
Force.
SEC. 1609. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND
INFRASTRUCTURE.
(a) In General.--In support of the policy described in
section 2273(a) of title 10, United States Code, the Secretary
of Defense, in coordination with the Administrator of the
Federal Aviation Administration, may carry out a program to
enhance infrastructure and improve support activities for the
processing and launch of Department of Defense small-class and
medium-class payloads.
(b) Program.--The program under subsection (a) shall
include improvements to operations at launch ranges and Federal
Aviation Administration-licensed spaceports that are consistent
with, and necessary to permit, the use of such launch ranges
and spaceports by the Department.
(c) Consultation.--In carrying out the program under
subsection (a), the Secretary may consult with current and
anticipated users of launch ranges and Federal Aviation
Administration-licensed spaceports, including the Space Rapid
Capabilities Office.
(d) Cooperation.--In carrying out the program under
subsection (a), the Secretary may enter into a contract or
agreement under section 2276 of title 10, United States Code.
(e) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report describing a plan
for the program under subsection (a).
(f) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Commerce, Science, and
Transportation and the Select Committee on Intelligence
of the Senate; and
(3) the Committee on Transportation and
Infrastructure, the Committee on Science, Space, and
Technology, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1610. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED LAUNCH
VEHICLES.
(a) Preparation.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall take actions
necessary to prepare to implement the plan developed pursuant
to section 1603 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2584) regarding
using allied launch vehicles to meet the requirements for
achieving the policy relating to assured access to space set
forth in section 2273 of title 10, United States Code.
(b) Actions Required.--In carrying out subsection (a), the
Secretary shall--
(1) identify the satellites of the United States
that would be appropriate to be launched on an allied
launch vehicle;
(2) assess the relevant provisions of Federal law,
regulations, and policies governing the launch of
national security satellites and determine whether any
legislative, regulatory, or policy actions (including
with respect to waivers) would be necessary to allow
for the launch of a national security satellite on an
allied launch vehicle; and
(3) address any certification requirements
necessary for such use of allied launch vehicles and
the estimated cost, schedule, and actions necessary to
certify allied launch vehicles for such use.
(c) Submission to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees a
report on preparing to implement the plan described in
subsection (a), including information regarding each action
required by paragraphs (1), (2), and (3) of subsection (b).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
SEC. 1611. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Independent Study.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall seek to enter into a contract with a
federally funded research and development center or
other independent entity to conduct a study on
deterrence in space.
(2) Matters included.--The study under paragraph
(1) shall include, at a minimum, the following:
(A) An assessment of the existing range of
major studies and writings on space deterrence
and a comprehensive comparative analysis of the
conclusions of such studies and writings.
(B) An examination, using appropriate
analytical tools, of the approaches proposed by
such studies and writings with respect to
creating conditions of deterrence suitable for
use in the space domain, including, at a
minimum, an assessment of all aspects of
deterrence in space, including varying
classification, strategies to deny benefit or
impose cost, and space mission assurance
(including resilience, active defense, and
reconstitution).
(C) A determination, made either by
extending such studies and writings or through
new analysis, of a holistic and comprehensive
theory of deterrence in space appropriate for
use in defense planning.
(D) An evaluation of existing policies,
programs, and plans of the Department of
Defense to provide an assessment of the likely
effectiveness of those policies, programs, and
plans to achieve effective space deterrence.
(b) Assessment by Defense Policy Board.--Not later than 180
days after the date of the enactment of this Act, the Defense
Policy Board shall submit to the Secretary of Defense an
assessment of the study under subsection (a)(1), including, at
a minimum--
(1) a determination of the soundness of the study;
(2) a description of any disagreements the Board
has with the conclusions of such study, including
recommended changes or clarifications to such
conclusions the Board determines appropriate; and
(3) changes to the policies, programs, and plans of
the Department of Defense that the Board recommends
based on such study and the changes and clarifications
described in paragraph (2).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report that contains the
following:
(1) The study under subsection (a)(1), without
change.
(2) The assessment under subsection (b), without
change.
(3) Based on such study and assessment, a
description of any changes to the policies, programs,
and plans of the Department of Defense that the
Secretary recommends to enhance deterrence in space,
including with respect to--
(A) considerations and decision on reducing
the opportunities and incentives for
adversaries to attack space systems of the
United States or allies of the United States;
(B) new architectures, including
proliferated systems, hosted payloads,
nontraditional orbits, and reconstitution among
others;
(C) appropriate uses of partnering with
both commercial entities and allies to improve
deterrence in space;
(D) necessary capabilities to enhance the
protection of space systems to achieve improved
deterrence;
(E) bilateral, multilateral, and unilateral
measures, including confidence-building
measures, that could be taken to reduce the
risk of miscalculation that would lead to an
attack in space;
(F) policies and capability requirements
with regard to attribution of an attack in
space;
(G) policies with regard to retaliatory
measures either in space or on the ground;
(H) authorities with regard to decisions
and actions to defend assets of the United
States in space; and
(I) changes to current war plans, routine
operations (including information sharing), and
demonstration and test procedures that could
enhance the capability of the United States to
signal the intentions and capabilities of the
United States in an effective manner.
(d) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a briefing on the study under
subsection (a)(1) and the assessment under subsection (b).
SEC. 1612. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE REMOTE
SENSING CAPABILITIES.
(a) Study.--The Secretary of Defense, in consultation with
the Director of National Intelligence, shall conduct a study on
the status of the transition from the National Geospatial-
Intelligence Agency to the National Reconnaissance Office of
the leadership role in acquiring commercial satellite remote
sensing data on behalf of the Department of Defense and the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)).
(b) Elements.--In conducting the study under subsection
(a), the Secretary shall study--
(1) commercial geospatial intelligence requirements
for the National Geospatial-Intelligence Agency and the
combatant commands;
(2) plans of the National Reconnaissance Office to
meet the requirements specified in paragraph (1)
through the acquisition of all levels of resolution
data from multiple commercial providers; and
(3) plans of the National Reconnaissance Office to
further develop such programs with commercial companies
to continue to support, while also expanding, adoption
by the geospatial intelligence user community of the
Department of Defense.
(c) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Permanent Select
Committee on Intelligence of the House of Representatives, and
the Select Committee on Intelligence of the Senate a report on
the study conducted under subsection (a).
SEC. 1613. ANNUAL REPORT ON SPACE COMMAND AND CONTROL PROGRAM.
(a) Reports Required.--
(1) Initial report.--Not later than May 1, 2020,
the Secretary of the Air Force shall submit to the
Under Secretary of Defense for Acquisition and
Sustainment, the congressional defense committees, and
the Comptroller General of the United States, a report
on the Space Command and Control program for fiscal
year 2021.
(2) Subsequent reports.--For each of fiscal years
2022 through 2025, concurrent with the submittal to
Congress of the budget of the Department of Defense
with the budget of the President for the subsequent
fiscal year under section 1105(a) of title 31, United
States Code, the Secretary of the Air Force shall
submit to the Under Secretary of Defense for
Acquisition and Sustainment, the congressional defense
committees, and the Comptroller General of the United
States, an annual report on the Space Command and
Control program.
(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following:
(1) A description of any modification to the
metrics established by the Secretary in the acquisition
strategy for the program.
(2) The short-term objectives for the subsequent
fiscal year.
(3) For the preceding fiscal year--
(A) a description of--
(i) the ongoing, achieved, and
deferred objectives;
(ii) the challenges encountered and
the lessons learned;
(iii) the modifications made or
planned so as to incorporate such
lessons learned into subsequent efforts
to address challenges; and
(iv) the cost, schedule, and
performance effects of such
modifications; and
(B) a full survey of combatant command
requirements, including Commanders' Integrated
Priorities Lists, and impacts with respect to
the program.
(4) A description of potential future combatant
command requirements being considered with respect to
the program.
(c) Review of Reports and Briefing by Comptroller
General.--With respect to each report submitted under this
section, the Comptroller General shall review and provide to
the congressional defense committees a briefing on a date
mutually agreed on by the Comptroller General and the
congressional defense committees.
SEC. 1614. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report on
the risks posed by man-made space debris in low-Earth orbit,
including--
(1) recommendations with respect to the remediation
of such risks; and
(2) outlines of plans to reduce the incidence of
such space debris.
(b) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the
Committee on Science, Space, and Technology of the
House of Representatives; and
(2) the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of
the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE
AS UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND
SECURITY.
(a) Redesignation of Under Secretary.--
(1) In general.--The Under Secretary of Defense for
Intelligence is hereby redesignated as the Under
Secretary of Defense for Intelligence and Security.
(2) Service of incumbent in position.--The
individual serving as Under Secretary of Defense for
Intelligence as of the date of the enactment of this
Act may serve as Under Secretary of Defense for
Intelligence and Security commencing as of that date
without further appointment under section 137 of title
10, United States Code (as amended by subsection
(c)(1)(A)(ii)).
(3) Reference.--Any reference in any law,
regulation, map, document, paper, or other record of
the United States to the Under Secretary of Defense for
Intelligence shall be deemed to be a reference to the
Under Secretary of Defense for Intelligence and
Security.
(b) Redesignation of Related Deputy Under Secretary.--
(1) In general.--The Deputy Under Secretary of
Defense for Intelligence is hereby redesignated as the
Deputy Under Secretary of Defense for Intelligence and
Security.
(2) Service of incumbent in position.--The
individual serving as Deputy Under Secretary of Defense
for Intelligence as of the date of the enactment of
this Act may serve as Deputy Under Secretary of Defense
for Intelligence and Security commencing as of that
date without further appointment under section 137a of
title 10, United States Code (as amended by subsection
(c)(1)(B)).
(3) Reference.--Any reference in any law,
regulation, map, document, paper, or other record of
the United States to the Deputy Under Secretary of
Defense for Intelligence shall be deemed to be a
reference to the Deputy Under Secretary of Defense for
Intelligence and Security.
(c) Rule of Construction Regarding Effects of
Redesignation.--Nothing in this section shall be construed to
modify or expand the authorities, resources, responsibilities,
roles, or missions of the Under Secretary of Defense for
Intelligence and Security, as redesignated by this section.
(d) Protection of Privacy and Civil Liberties.--Section 137
of title 10, 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) The protection of privacy and civil liberties in
accordance with Federal law and the regulations and directives
of the Department of Defense shall be a top priority for the
Under Secretary of Defense for Intelligence and Security.''.
(e) Conforming Amendments.--
(1) Title 10.--Title 10, United States Code, is
amended as follows:
(A) In each provision as follows, by
striking ``Under Secretary of Defense for
Intelligence'' and inserting ``Under Secretary
of Defense for Intelligence and Security'':
(i) Section 131(b)(3)(F).
(ii) Section 137, each place it
appears.
(iii) Section 139a(d)(6).
(iv) Section 139b(c)(2)(E).
(v) Section 181(d)(1)(B).
(vi) Section 393(b)(2)(C).
(vii) Section 426, each place it
appears.
(viii) Section 430(a).
(B) In section 137a(c)(6), by striking
``Deputy Under Secretary of Defense for
Intelligence'' and inserting ``Deputy Under
Secretary of Defense for Intelligence and
Security''.
(C) The heading of section 137 is amended
to read as follows:
``Sec. 137. Under Secretary of Defense for Intelligence and Security''.
(D) The table of sections at the beginning
of chapter 4 is amended by striking the item
relating to section 137 and inserting the
following new item:
``137. Under Secretary of Defense for Intelligence and Security.''.
(2) Title 5.--Title 5, United States Code, is
amended as follows:
(A) In section 5314, by striking ``Under
Secretary of Defense for Intelligence'' and
inserting ``Under Secretary of Defense for
Intelligence and Security''.
(B) In section 5315, by striking ``Deputy
Under Secretary of Defense for Intelligence''
and inserting ``Deputy Under Secretary of
Defense for Intelligence and Security''.
SEC. 1622. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND ANNUAL BRIEFING
REQUIREMENTS.
(a) ISR Integration Council.--Subsection (a) of section 426
of title 10, United States Code, is amended to read as follows:
``(a) ISR Integration Council.--(1) The Under Secretary of
Defense for Intelligence and Security shall establish an
Intelligence, Surveillance, and Reconnaissance Integration
Council--
``(A) to assist the Secretary of Defense in
carrying out the responsibilities of the Secretary
under section 105(a) of the National Security Act of
1947 (50 U.S.C. 3038(a));
``(B) to assist the Under Secretary with respect to
matters relating to--
``(i) integration of intelligence and
counterintelligence capabilities and activities
under section 137(b) of this title of the
military departments, intelligence agencies of
the Department of Defense, and relevant
combatant commands; and
``(ii) coordination of related
developmental activities of such departments,
agencies, and combatant commands; and
``(C) to otherwise provide a means to facilitate
such integration and coordination.
``(2) The Council shall be composed of--
``(A) the Under Secretary, who shall chair the
Council;
``(B) the directors of the intelligence agencies of
the Department of Defense;
``(C) the senior intelligence officers of the armed
forces and the regional and functional combatant
commands;
``(D) the Director for Intelligence of the Joint
Chiefs of Staff; and
``(E) the Director for Operations of the Joint
Chiefs of Staff.
``(3) The Under Secretary shall invite the participation of
the Director of National Intelligence (or a representative of
the Director) in the proceedings of the Council.
``(4) The Under Secretary may designate additional
participants to attend the proceedings of the Council, as the
Under Secretary determines appropriate.''.
(b) Annual Briefings.--Such section is further amended by
striking subsections (b) and (c) and inserting the following
new subsection (b):
``(b) Annual Briefings on the Intelligence and
Counterintelligence Requirements of the Combatant Commands.--
(1) The Chairman of the Joint Chiefs of Staff shall provide to
the congressional defense committees and the congressional
intelligence committees a briefing on the following:
``(A) The intelligence and counterintelligence
requirements, by specific intelligence capability type,
of each of the relevant combatant commands.
``(B) For the year preceding the year in which the
briefing is provided, the fulfillment rate for each of
the relevant combatant commands of the validated
intelligence and counterintelligence requirements, by
specific intelligence capability type, of such
combatant command.
``(C) A risk analysis identifying the critical gaps
and shortfalls in efforts to address operational and
strategic requirements of the Department of Defense
that would result from the failure to fulfill the
validated intelligence and counterintelligence
requirements of the relevant combatant commands.
``(D) A mitigation plan to balance and offset the
gaps and shortfalls identified under subparagraph (C),
including with respect to spaceborne, airborne, ground,
maritime, and cyber intelligence, surveillance, and
reconnaissance capabilities.
``(E) For the year preceding the year in which the
briefing is provided--
``(i) the number of intelligence and
counterintelligence requests of each commander
of a relevant combatant command determined by
the Joint Chiefs of Staff to be a validated
requirement, and the total of capacity of such
requests provided to each such commander;
``(ii) with respect to such validated
requirements--
``(I) the quantity of intelligence
and counterintelligence capabilities or
activities, by specific intelligence
capability type, that the Joint Chiefs
of Staff requested each military
department to provide; and
``(II) the total of capacity of
such requests so provided by each such
military department; and
``(iii) a qualitative assessment of the
alignment of intelligence and
counterintelligence capabilities and activities
with the program of analysis for each combat
support agency and intelligence center of a
military service that is part of--
``(I) the Defense Intelligence
Enterprise; and
``(II) the intelligence community.
``(2) The Under Secretary of Defense for Intelligence and
Security shall provide to the congressional defense committees
and the congressional intelligence committees a briefing on
short-, mid-, and long-term strategies to address the validated
intelligence and counterintelligence requirements of the
relevant combatant commands, including with respect to
spaceborne, airborne, ground, maritime, and cyber intelligence,
surveillance, and reconnaissance capabilities.
``(3) The briefings required by paragraphs (1) and (2)
shall be provided at the same time that the President's budget
is submitted pursuant to section 1105(a) of title 31 for each
of fiscal years 2021 through 2025.
``(4) In this subsection:
``(A) The term `congressional intelligence
committees' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
``(B) The term `Defense Intelligence Enterprise'
means the organizations, infrastructure, and measures,
including policies, processes, procedures, and
products, of the intelligence, counterintelligence, and
security components of each of the following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of
Defense that perform national intelligence,
defense intelligence, intelligence-related,
counterintelligence, or security functions.
``(C) The term `fulfillment rate' means the
percentage of combatant command intelligence and
counterintelligence requirements satisfied by
available, acquired, or realigned intelligence and
counterintelligence capabilities or activities.
``(D) The term `intelligence community' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).''.
SEC. 1623. MODIFICATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
Section 811(a) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1911(a)) is amended--
(1) by striking ``fiscal year 2003'' and inserting
``fiscal year 2020''; and
(2) by striking ``$10,000,000'' and inserting
``$16,000,000''.
SEC. 1624. IMPROVING THE ONBOARDING METHODOLOGY FOR INTELLIGENCE
PERSONNEL.
(a) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before the
date of the enactment of this Act--
(1) not later than 180 days after the date of the
enactment of this Act, submit to the appropriate
committees of Congress a report that outlines a common
methodology for measuring onboarding in elements of the
intelligence community, including human resources and
security processes;
(2) not later than one year after the date of the
enactment of this Act, issue metrics for assessing key
phases in the onboarding described in paragraph (1) for
which results will be reported by the date that is 90
days after the date of such issuance;
(3) not later than 180 days after the date of the
enactment of this Act, submit to the appropriate
committees of Congress a report on collaboration among
elements of the intelligence community on their
onboarding processes;
(4) not later than 180 days after the date of the
enactment of this Act, submit to the appropriate
committees of Congress a report on employment of
automated mechanisms in elements of the intelligence
community, including for tracking personnel as they
pass through each phase of the onboarding process; and
(5) not later than December 31, 2020, distribute
surveys to human resources offices and applicants about
their experiences with the onboarding process in
elements of the intelligence community.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Select Committee on Intelligence
and the Committee on Armed Services of the
Senate; and
(B) the Permanent Select Committee on
Intelligence and the Committee on Armed
Services of the House of Representatives.
(2) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1625. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ACTIVITIES
ON FACILITATING ACCESS TO LOCAL CRIMINAL RECORDS
HISTORICAL DATA.
(a) Activity Authorized.--Subject to subsection (c), the
Director of the Defense Counterintelligence and Security Agency
may carry out a set of activities to reduce the time and cost
of accessing State, local, and tribal law enforcement records
for the background investigations required for current and
prospective Federal Government employees and contractors.
(b) Activities Characterized.--The activities carried out
under subsection (a) shall include only that training,
education, and direct assistance to State, local, and tribal
communities needed for the purpose of streamlining access to
historical criminal record data.
(c) Limitations.--
(1) Commencement of activities.--The Director may
not commence carrying out any activities under
subsection (a) until the date that is 90 days after the
date on which the Director submits the report required
by subsection (d)(1).
(2) Legal and reporting obligations.--The Director
shall ensure that no activity carried out under
subsection (a) obligates a State, local, or tribal
entity to any additional legal or reporting obligation
to the Defense Counterintelligence and Security Agency.
(3) Scope.--No activity may be carried out under
subsection (a) that applies to any matter outside the
limited purpose of conducting background investigations
for current and prospective Federal Government
employees and contractors.
(4) Consistency with access provided.--The Director
shall ensure that the activities carried out under
subsection (a) are carried out in a manner that is
consistent with the access provided by Federal law
enforcement entities to the Defense Counterintelligence
and Security Agency.
(d) Reports.--
(1) Initial report.--Not later than 90 days after
the date of the enactment of this Act, the Director
shall submit to the congressional defense committees,
the Select Committee on Intelligence of the Senate, and
the Permanent Select Committee on Intelligence of the
House of Representatives a report that details a
concept of operation for the set of activities
authorized by subsection (a).
(2) Annual reports.--Not later than one year after
the date on which the Director submits a report
pursuant to paragraph (1) and not less frequently than
once each year thereafter, the Director shall submit to
the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House
of Representatives a detailed report on the activities
carried out by the Director under subsection (a).
SEC. 1626. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE COLLECTIONS
CAPABILITIES AND ACTIVITIES WITH DEPARTMENT OF
DEFENSE REQUIREMENTS.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Intelligence and Security, in
coordination with the Chairman of the Joint Chiefs of
Staff and the Director of National Intelligence,
shall--
(A) review the organization, posture,
current and planned investments, and processes
of the intelligence collections capabilities
and activities, for the purpose of assessing
the sufficiency, integration, and
interoperability of such capabilities and
activities to support the current and future
requirements of the Department of Defense; and
(B) conduct a survey of each geographic and
functional combatant command, with respect to
intelligence collections capabilities and
activities, to assess--
(i) the current state of the
support of such capabilities and
activities to military operations;
(ii) whether the posture of such
capabilities and activities is
sufficient to address the requirements
of the Department of Defense;
(iii) the extent to which such
capabilities and activities address
gaps and deficiencies with respect to
the operational requirements of the
Global Campaign Plans, as identified in
the most recent readiness reviews
conducted by the Joint Staff; and
(iv) whether current and planned
investments in such capabilities and
activities are sufficient to address
near-, mid-, and long-term spaceborne,
airborne, terrestrial, and human
collection capability requirements.
(2) Elements.--The survey and review under
paragraph (1) shall include the following:
(A) A comprehensive assessment of
intelligence collections capabilities and
activities, and whether such capabilities and
activities--
(i) are appropriately postured and
sufficiently resourced to meet current
and future requirements of the
Department of Defense;
(ii) are appropriately balanced to
address operational and strategic
defense intelligence requirements; and
(iii) are sufficiently integrated
and interoperable between activities of
the Military Intelligence Program and
the National Intelligence Program to
respond to emerging requirements of the
Department of Defense.
(B) With respect to each geographic and
functional combatant command--
(i) information on the gaps and
deficiencies, by specific intelligence
capability type, described in paragraph
(1)(B)(iii);
(ii) a review of the alignment of
such gaps and deficiencies with the
intelligence, surveillance, and
reconnaissance submissions to the
integrated priorities list for the
period beginning with the completion of
the most recent readiness reviews
conducted by the Joint Staff and ending
on the date of the commencement of the
survey and review under subsection (a);
and
(iii) detailed information on the
allocation and realignment of
intelligence collections capabilities
and activities to address--
(I) such gaps and
deficiencies; and
(II) such intelligence,
surveillance, and
reconnaissance submissions.
(b) Report.--
(1) Submission.--Not later than 270 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Intelligence and Security shall submit
to the appropriate congressional committees a report on
the findings of the Under Secretary with respect to the
survey and review under subsection (a)(1).
(2) Content.--The report under paragraph (1) shall
include--
(A) an evaluation of--
(i) the organization, posture,
current and planned investments, and
processes of the intelligence
collections capabilities and
activities, including the extent to
which such capabilities and activities
enable the geographic and functional
combatant commands to meet the
operational and strategic requirements
of the Department of Defense;
(ii) the use or planned use by each
geographic and functional combatant
command of intelligence collections
capabilities and activities available
to such command to address operational
and strategic requirements of the
Department of Defense;
(iii) the gaps and deficiencies
described in subsection (a)(1)(B)(iii),
if any, that prohibit each geographic
and functional combatant command from
the most effective use of the
intelligence collections capabilities
and activities to address priority
requirements of the Department of
Defense;
(iv) the accepted risk by the
Secretary of Defense from the
prioritization of certain Department of
Defense requirements with respect to
the allocation of intelligence
collections capabilities and
activities; and
(v) the alignment and
responsiveness of intelligence
collections capabilities and activities
with respect to the planning
requirements for the Program of
Analysis of each combat support agency
that is part of--
(I) the Defense
Intelligence Enterprise; and
(II) the intelligence
community; and
(B) recommendations, if any, to improve the
sufficiency, responsiveness, and
interoperability of intelligence collections
capabilities and activities to fulfill the
operational and strategic requirements of the
Department of Defense.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' means--
(A) the congressional defense committees;
and
(B) the congressional intelligence
committees.
(2) The term ``combat support agency'' has the
meaning given that term in section 193(f) of title 10,
United States Code.
(3) The term ``Defense Intelligence Enterprise''
has the meaning given that term in section 1633(c)(2)
of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2600).
(4) The term ``intelligence collections
capabilities and activities'' means the totality of
intelligence collections systems and processes which
enable the tasking, processing, exploitation, and
dissemination capabilities, capacity, and activities of
the Defense Intelligence Enterprise.
(5) The term ``intelligence community'' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(6) The term ``congressional intelligence
committees'' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
3003).
SEC. 1627. REPORTS ON CONSOLIDATED ADJUDICATION FACILITY OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Reports.--On a semiannual basis during the period
beginning on the date of the enactment of this Act and ending
on the date specified in subsection (b), and annually
thereafter, the Director of the Defense Counterintelligence and
Security Agency shall submit to the congressional defense
committees a report on the processes in place for adjudicating
security clearances and the progress made to address the
backlog of security clearance applications, including--
(1) metrics used by the Director to evaluate the
inventory and timeliness of adjudicating security
clearance cases; and
(2) details on the resources used by the Director
in carrying out the security clearance mission of the
Consolidated Adjudication Facility.
(b) Determination and Briefing.--Upon the date on which the
Director of the Defense Counterintelligence and Security Agency
determines both that the backlog of security clearance
adjudications has been substantially eliminated and that the
timeline to conduct background investigations reflects the type
of investigation being conducted and the level of clearance
required, the Director shall--
(1) notify the congressional defense committees of
such determination; and
(2) provide to such committees a briefing on the
progress made by the Director with respect to security
clearance adjudications.
SEC. 1628. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Defense Counterintelligence
and Security Agency.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of the resources and authorities
appropriate for the inspector general for the expanded
purview of the Defense Counterintelligence and Security
Agency.
(2) Identification of the resources and authorities
needed to perform the civil liberties and privacy
officer function of the Defense Counterintelligence and
Security Agency.
(3) An assessment of the security protocols in
effect for personally identifiable information held by
the Defense Counterintelligence and Security Agency.
(4) An assessment of the governance structure of
the Defense Counterintelligence and Security Agency as
it relates to the Department of Defense, including with
respect to status, authorities, and leadership.
(5) An assessment of the governance structure of
the Defense Counterintelligence and Security Agency as
it relates to interagency partners, including the
Office of Management and Budget, the Office of the
Director of National Intelligence, and the Office of
Personnel Management.
(6) The methodology the Defense Counterintelligence
and Security Agency will prioritize requests for
background investigation requests from government
agencies and industry.
SEC. 1629. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF DEFENSE
FACILITY ACCESS CLEARANCES FOR JOINT VENTURES
COMPOSED OF PREVIOUSLY-CLEARED ENTITIES.
A clearance for access to a Department of Defense
installation or facility may not be required for a joint
venture if that joint venture is composed entirely of entities
that are currently cleared for access to such installation or
facility.
Subtitle C--Cyberspace-Related Matters
SEC. 1631. MATTERS RELATING TO MILITARY OPERATIONS IN THE INFORMATION
ENVIRONMENT.
(a) Principal Information Operations Advisor.--
(1) In general.--Chapter 19 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 397. Principal Information Operations Advisor
``(a) Designation.--Not later than 30 days after the
enactment of this Act, the Secretary of Defense shall
designate, from among officials appointed to a position in the
Department of Defense by and with the advice and consent of the
Senate, a Principal Information Operations Advisor to act as
the principal advisor to the Secretary on all aspects of
information operations conducted by the Department.
``(b) Responsibilities.--The Principal Information
Operations Advisor shall have the following responsibilities:
``(1) Oversight of policy, strategy, planning,
resource management, operational considerations,
personnel, and technology development across all the
elements of information operations of the Department.
``(2) Overall integration and supervision of the
deterrence of, conduct of, and defense against
information operations.
``(3) Promulgation of policies to ensure adequate
coordination and deconfliction with the Department of
State, the intelligence community (as such term is
defined in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)), and other relevant agencies and
departments of the Federal Government.
``(4) Coordination with the head of the Global
Engagement Center to support the purpose of the Center
(as set forth by section 1287(a)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 22 U.S.C. 2656 note)) and liaison with the
Center and other relevant Federal Government entities
to support such purpose.
``(5) Establishing and supervising a rigorous risk
management process to mitigate the risk of potential
exposure of United States Persons to information
intended exclusively for foreign audiences.
``(6) Promulgation of standards for the attribution
or public acknowledgment, if any, of operations in the
information environment.
``(7) Development of guidance for, and promotion
of, the capability of the Department to liaison with
the private sector and academia on matters relating to
the influence activities of malign actors.
``(8) Such other matters relating to information
operations as the Secretary shall specify for purposes
of this subsection.''.
(2) Clerical amendments.--
(A) Chapter 19.--
(i) Chapter heading.--The heading
of chapter 19 of such title is amended
to read as follows:
``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''.
(ii) Table of sections.--The table
of sections at the beginning of chapter
19 of such title is amended by
inserting at the end the following new
item:
``397. Principal Information Operations Advisor.''.
(B) Table of chapters.--The table of
chapters for part I of subtitle A of such title
is amended by striking the item relating to
chapter 19 and inserting the following new
item:
``19. Cyber and Information Operations Matters....................391''.
(b) Affirming the Authority of the Secretary of Defense to
Conduct Military Operations in the Information Environment.--
(1) Congress affirms that the Secretary of Defense is
authorized to conduct military operations, including
clandestine operations, in the information environment to
defend the United States, allies of the United States, and
interests of the United States, including in response to
malicious influence activities carried out against the United
States or a United States person by a foreign power.
(2) The military operations referred to in paragraph (1),
when appropriately authorized include the conduct of military
operations short of hostilities and in areas outside of areas
of active hostilities for the purpose of preparation of the
environment, influence, force protection, and deterrence of
hostilities.
(c) Treatment of Clandestine Military Operations in the
Information Environment as Traditional Military Activities.--A
clandestine military operation in the information environment
shall be considered a traditional military activity for the
purposes of section 503(e)(2) of the National Security Act of
1947 (50 U.S.C. 3093(e)(2)).
(d) Quarterly Information Operations Briefings.--(1) Not
less frequently than once each quarter, the Secretary of
Defense shall provide the congressional defense committees a
briefing on significant military operations, including all
clandestine operations in the information environment, carried
out by the Department of Defense during the immediately
preceding quarter.
(2) Each briefing under paragraph (1) shall include, with
respect to the military operations in the information
environment described in such paragraph, the following:
(A) An update, disaggregated by geographic and
functional command, that describes the operations
carried out by the commands.
(B) An overview of authorities and legal issues
applicable to the operations, including any relevant
legal limitations.
(C) An outline of any interagency activities and
initiatives relating to the operations.
(D) Such other matters as the Secretary considers
appropriate.
(e) Rule of Construction.--Nothing in this section may be
construed to limit, expand, or otherwise alter the authority of
the Secretary to conduct military operations, including
clandestine operations, in the information environment, to
authorize specific military operations, or to limit, expand, or
otherwise alter or otherwise affect the War Powers Resolution
(50 U.S.C. 1541 et seq.) or an authorization for use of
military force that was in effect on the day before the date of
the enactment of this Act.
(f) Cross-functional Team.--
(1) Establishment.--The Principal Information
Operations Advisor shall integrate the expertise in all
elements of information operations and perspectives of
appropriate organizations within the Office of the
Secretary of Defense, Joint Staff, military
departments, Defense Agencies, and combatant commands
by establishing and maintaining a full-time cross-
functional team composed of subject-matter experts
selected from those organizations.
(2) Selection and organization.--The cross-
functional team established under paragraph (1) shall
be selected, organized, and managed in a manner
consistent with section 911 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 111 note).
(g) Strategy and Posture Review.--
(1) Strategy and posture review required.--Not
later than 270 days after the date of the enactment of
this Act, the Secretary of Defense, acting through the
Principal Information Operations Advisor under section
397 of title 10, United States Code (as added by
subsection (a)) and the cross-functional team
established under subsection (f)(1), shall--
(A) develop or update, as appropriate, a
strategy for operations in the information
environment, including how such operations will
be synchronized across the Department of
Defense and the global, regional, and
functional interests of the combatant commands;
(B) conduct an information operations
posture review, including an analysis of
capability gaps that inhibit the Department's
ability to successfully execute the strategy
developed or updated pursuant to subparagraph
(A);
(C) designate Information Operations Force
Providers and Information Operations Joint
Force Trainers for the Department of Defense;
(D) develop and persistently manage a joint
lexicon for terms related to information
operations, including ``information
operations'', ``information environment'',
``operations in the information environment'',
and ``information related capabilities''; and
(E) determine the collective set of combat
capabilities that will be treated as part of
operations in the information environment,
including cyber warfare, space warfare,
military information support operations,
electronic warfare, public affairs, and civil
affairs.
(2) Coordination on certain cyber matters.--For any
matters in the strategy and posture review under
paragraph (1) that involve or relate to Department of
Defense cyber capabilities, the Principal Information
Operations Advisor shall fully collaborate with the
Principal Cyber Advisor to the Secretary of Defense.
(3) Elements.--At a minimum, the strategy developed
or updated pursuant to paragraph (1)(A) shall include
the following:
(A) The establishment of lines of effort,
objectives, and tasks that are necessary to
implement such strategy and eliminate the
capability gaps identified under paragraph
(1)(B).
(B) In partnership with the Principal Cyber
Advisor to the Secretary of Defense and in
coordination with any other component or
Department of Defense entity as selected by the
Secretary of Defense, an evaluation of any
organizational changes that may be required
within the Office of the Secretary of Defense,
including potential changes to Under Secretary
or Assistant Secretary-level positions to
comprehensively conduct oversight of policy
development, capabilities, and other aspects of
operations in the information environment as
determined pursuant to the information
operations posture review under paragraph
(1)(B).
(C) An assessment of various models for
operationalizing information operations,
including the feasibility and advisability of
establishing an Army Information Warfare
Command.
(D) A review of the role of information
operations in combatant commander operational
planning, the ability of combatant commanders
to respond to hostile acts by adversaries, and
the ability of combatant commanders to engage
and build capacity with allies.
(E) A review of the law, policies, and
authorities relating to, and necessary for, the
United States to conduct military operations,
including clandestine military operations, in
the information environment.
(4) Submission to congress.--Upon completion, the
Secretary of Defense shall present the strategy for
operations in the information environment and the
information operations posture review under
subparagraphs (A) and (B), respectively, of paragraph
(1) to the Committees on Armed Services of the House of
Representatives and the Senate.
(h) Report.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall provide the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report for the
structuring and manning of information operations
capabilities and forces across the Department of
Defense. The Secretary shall provide such Committees
with quarterly updates on such plan.
(2) Elements.--The plan required under paragraph
(1) shall address the following:
(A) How the Department of Defense will
organize to develop a combined information
operations strategy and posture review under
subsection (g).
(B) How the Department will fulfill the
roles and responsibilities of the Principal
Information Operations Advisor under section
397 of title 10, United States Code (as added
by subsection (a)).
(C) How the Department will establish the
information operations cross-functional team
under subsection (f)(1).
(D) How the Department will utilize boards
and working groups involving senior-level
Department representatives on information
operations.
(E) Such other matters as the Secretary of
Defense considers appropriate.
(i) Definitions.--In this section:
(1) The terms ``foreign person'' and ``United
States person'' have the meanings given such terms in
section 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
(2) The term ``hostilities'' has the same meaning
as such term is used in the War Powers Resolution (50
U.S.C. 1541 et seq.).
(3) The term ``clandestine military operation in
the information environment'' means an operation or
activity, or associated preparatory actions, authorized
by the President or the Secretary of Defense, that--
(A) is marked by, held in, or conducted
with secrecy, where the intent is that the
operation or activity will not be apparent or
acknowledged publicly; and
(B) is to be carried out--
(i) as part of a military operation
plan approved by the President or the
Secretary of Defense;
(ii) to deter, safeguard, or defend
against attacks or malicious influence
activities against the United States,
allies of the United States, and
interests of the United States;
(iii) in support of hostilities or
military operations involving the
United States armed forces; or
(iv) in support of military
operations short of hostilities and in
areas where hostilities are not
occurring for the purpose of
preparation of the environment,
influence, force protection, and
deterrence.
SEC. 1632. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER
OPERATIONS.
Section 395 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, signed
by the Secretary, or the Secretary's designee,'' after
``written notification''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``and'' after the semicolon at
the end;
(ii) by redesignating subparagraph
(B) as subparagraph (C); and
(iii) by inserting after
subparagraph (A) the following new
subparagraph:
``(B) is determined to--
``(i) have a medium or high
collateral effects estimate;
``(ii) have a medium or high
intelligence gain or loss;
``(iii) have a medium or high
probability of political retaliation,
as determined by the political military
assessment contained within the
associated concept of operations;
``(iv) have a medium or high
probability of detection when detection
is not intended; or
``(v) result in medium or high
collateral effects; and''; and
(B) in paragraph (2)(B), by striking
``outside the Department of Defense Information
Networks to defeat an ongoing or imminent
threat''.
SEC. 1633. EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON SYSTEMS
OF THE DEPARTMENT OF DEFENSE.
Section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) is amended by adding at
the end the following new subsections:
``(f) Written Notification.--If the Secretary determines
that the Department will not complete an evaluation of the
cyber vulnerabilities of each major weapon system of the
Department by the date specified in subsection (a)(1), the
Secretary shall provide to the congressional defense committees
written notification relating to each such incomplete
evaluation. Such a written notification shall include the
following:
``(1) An identification of each major weapon system
for which an evaluation will not be complete by the
date specified in subsection (a)(1), the anticipated
date of completion of the evaluation of each such
weapon system, and a description of the remaining work
to be done for the evaluation of each such weapon
system.
``(2) A justification for the inability to complete
such an evaluation by the date specified in subsection
(a)(1).
``(g) Report.--The Secretary, acting through the Under
Secretary of Defense for Acquisition and Sustainment, shall
provide a report to the congressional defense committees upon
completion of the requirement for an evaluation of the cyber
vulnerabilities of each major weapon system of the Department
under this section. Such report shall include the following:
``(1) An identification of cyber vulnerabilities of
each major weapon system requiring mitigation.
``(2) An identification of current and planned
efforts to address the cyber vulnerabilities of each
major weapon system requiring mitigation, including
efforts across the doctrine, organization, training,
materiel, leadership and education, personnel, and
facilities of the Department.
``(3) A description of joint and common cyber
vulnerability mitigation solutions and efforts,
including solutions and efforts across the doctrine,
organization, training, materiel, leadership and
education, personnel, and facilities of the Department.
``(4) A description of lessons learned and best
practices regarding evaluations of the cyber
vulnerabilities and cyber vulnerability mitigation
efforts relating to major weapon systems, including an
identification of useful tools and technologies for
discovering and mitigating vulnerabilities, such as
those specified in section 1657 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), and steps taken to
institutionalize the use of these tools and
technologies.
``(5) A description of efforts to share lessons
learned and best practices regarding evaluations of the
cyber vulnerabilities and cyber vulnerability
mitigation efforts of major weapon systems across the
Department.
``(6) An identification of measures taken to
institutionalize evaluations of cyber vulnerabilities
of major weapon systems, including an identification of
which major weapon systems evaluated under this section
will be reevaluated in the future, when these
evaluations will occur, and how evaluations will occur
for future major weapon systems.
``(7) Information relating to guidance, processes,
procedures, or other activities established to mitigate
or address the likelihood of cyber vulnerabilities of
major weapon systems by incorporation of lessons
learned in the research, development, test, evaluation,
and acquisition cycle, including promotion of cyber
education of the acquisition workforce.
``(8) An identification of systems to be
incorporated into or that have been incorporated into
the National Security Agency's Strategic Cybersecurity
Program and the status of these systems in the Program.
``(9) Any other matters the Secretary determines
relevant.''.
SEC. 1634. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER MISSION
FORCES.
(a) In General.--Section 484(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph
(5); and
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) An overview of the readiness of the Cyber
Mission Forces to perform assigned missions that--
``(A) address all of the abilities of such
Forces to conduct cyberspace operations based
on capability and capacity of personnel,
equipment, training, and equipment condition--
``(i) using both quantitative and
qualitative metrics; and
``(ii) in a way that is common to
all military departments; and
``(B) is consistent with readiness
reporting pursuant to section 482 of this
title.''.
(b) Metrics.--
(1) Establishment required.--The Secretary of
Defense shall establish metrics for the assessment of
the readiness of the Cyber Mission Forces of the
Department of Defense.
(2) Briefings required.--Not later than 90 days
after the date of the enactment of this Act and
quarterly thereafter until completion of the
establishment of the metrics under paragraph (1), the
Secretary shall provide a briefing to the congressional
defense committees on such metrics, including progress
as required pursuant to subsection (c).
(c) Modification of Readiness Reporting System.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall take such actions as the Secretary considers
appropriate to ensure that the comprehensive readiness
reporting system established pursuant to section 117(a) of
title 10, United States Code, covers matters relating to the
readiness of the Cyber Mission Forces--
(1) using the metrics established pursuant to
subsection (b)(1); and
(2) in a manner that is consistent with sections
117 and 482 of such title.
(d) First Quarterly Briefing Assessing Cyber Readiness.--
The amendments made by subsection (a) shall take effect on the
date that is 180 days after the date of the enactment of this
Act.
SEC. 1635. CYBER POSTURE REVIEW.
Section 1644 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by inserting ``, not later
than December 31, 2022, and quadrennially thereafter,''
before ``conduct'';
(2) in subsection (b), by striking ``the review''
and inserting ``each review'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1),
by striking ``The review'' and inserting ``Each
review'';
(B) by redesignating paragraph (9) as
paragraph (11); and
(C) by inserting after paragraph (8) the
following new paragraphs:
``(9) An assessment of the potential costs,
benefits, and value, if any, of establishing a cyber
force as a separate uniformed service.
``(10) Any recurrent problems or capability gaps
that remain unaddressed since the previous posture
review.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the
cyber'' and inserting ``each cyber'';
(B) in paragraph (2), by striking ``The
report'' and inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period
beginning on the date that is five years after the date
of the enactment of this Act and ending on the date
that is 10 years after such date of enactment'' and
inserting ``eight-year period that begins on the date
of each review conducted under subsection (a)''.
SEC. 1636. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR
TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER
OF THE UNITED STATES CYBER COMMAND.
Section 1642 of the National Defense Authorization Act for
Fiscal Year 2017 (130 Stat. 2601; Public Law 114-328) is
amended--
(1) in subsection (b)(2)(C)--
(A) in clause (ii), by inserting ``and
national intelligence operations'' after
``operations'';
(B) by amending clause (iii) to read as
follows:
``(iii) The tools, weapons, and
accesses used in and available for
military cyber operations are
sufficient for achieving required
effects and United States Cyber Command
is capable of acquiring or developing
such tools, weapons, and accesses.'';
and
(C) by amending clause (vi) to read as
follows:
``(vi) The Cyber Mission Force has
achieved full operational capability
and has demonstrated the capacity to
execute the cyber missions of the
Department, including the following:
``(I) Execution of
national-level missions through
cyberspace, including
deterrence and disruption of
adversary cyber activity.
``(II) Defense of the
Department of Defense
Information Network.
``(III) Support for other
combatant commands, including
targeting of adversary military
assets.'';
(2) by redesignating subsection (c) as subsection
(d); and
(3) by inserting after subsection (b) the following
new subsection:
``(c) Biannual Briefing.--
``(1) In general.--Not later than 90 days after the
date of the enactment of this subsection and biannually
thereafter, the Secretary of Defense and the Director
of National Intelligence shall provide to the
appropriate committees of Congress briefings on the
nature of the National Security Agency and United
States Cyber Command's current and future partnership.
Briefings under this subsection shall not terminate
until the certification specified in subsection (a) is
issued.
``(2) Elements.--Each briefing under this
subsection shall include status updates on the current
and future National Security Agency-United States Cyber
Command partnership efforts, including relating to the
following:
``(A) Common infrastructure and capability
acquisition.
``(B) Operational priorities and
partnership.
``(C) Research and development partnership.
``(D) Executed documents, written memoranda
of agreements or understandings, and policies
issued governing such current and future
partnership.
``(E) Projected long-term efforts.''.
SEC. 1637. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM.
Section 2200a(a)(1) of title 10, United States Code, is
amended by striking ``or advanced degree, or a certification,''
and inserting ``advanced degree, or certificate''.
SEC. 1638. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES FOR A CYBER
INCIDENT.
Section 1648 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 ``The'' and
inserting ``Not later than May 1, 2020, the''; and
(2) by adding at the end the following new
subsection:
``(c) Limitation.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2020 for the Department of Defense for the White House
Communications Agency, not more than 90 percent of such funds
may be obligated or expended until the initiation of the tier 1
exercise required under subsection (a).''.
SEC. 1639. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION.
Paragraph (1) of section 1652(k) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) is amended by striking ``September 1, 2019'' and
inserting ``April 30, 2020''.
SEC. 1640. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER
OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT
PROJECTS.
(a) In General.--The Secretary of Defense and each
Secretary of the military departments concerned may obligate
and expend not more than $3,000,000 of amounts authorized to be
appropriated for operation and maintenance per service in each
of fiscal years 2020 through 2022 to carry out cyber
operations-peculiar capability development projects.
(b) Notification.--Not later than 15 days after exercising
the authority provided for in subsection (a), the Secretary of
Defense, or his designee, and each Secretary of the military
departments concerned, or their designees, shall notify the
congressional defense committees of such exercise for projects
exceeding $500,000.
(c) Report.--Not later than December 31 of each year
through 2022, the Secretary of Defense shall submit to the
congressional defense committees a report on obligations and
expenditures made pursuant to the authority provided for in
subsection (a). Each such report shall include a full
description and evaluation of each of the cyber operations-
peculiar capability development projects that is the subject of
each such obligation or expenditure, definitions and standards
for cyber operations-peculiar requirements, transition plans,
and any other matters the Secretary determines relevant.
SEC. 1641. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING ENTERPRISE-
WIDE CYBERSECURITY.
(a) In General.--In carrying out the responsibilities
established in section 142 of title 10, United States Code, the
Chief Information Officer of the Department of Defense shall,
to the maximum extent practicable, ensure that the
cybersecurity programs and capabilities of the Department--
(1) fit into an enterprise-wide cybersecurity
architecture;
(2) are maximally interoperable with each other,
including those programs and capabilities deployed by
the components of the Department;
(3) enhance enterprise-level visibility and
responsiveness to threats; and
(4) are developed, procured, instituted, and
managed in a cost-efficient manner, exploiting
economies of scale and enterprise-wide services and
discouraging unnecessary customization and piecemeal
acquisition.
(b) Requirements.--In carrying out subsection (a), the
Chief Information Officer shall--
(1) manage and modernize the cybersecurity
architecture of the Department, including--
(A) ensuring the cybersecurity architecture
of the Department maximizes cybersecurity
capability, network, and endpoint activity data
sharing across Department components;
(B) ensuring the cybersecurity architecture
of the Department supports improved
automaticity of cybersecurity detection and
response; and
(C) modernizing and configuring the
Department's standardized deployed perimeter,
network-level, and endpoint capabilities to
improve interoperability, meet pressing
capability needs, and negate common adversary
tactics, techniques, and procedures;
(2) establish mechanisms to enable and mandate, as
necessary, cybersecurity capability and network and
endpoint activity data-sharing across Department
components;
(3) make mission data, through data tagging,
automatic transmission, and other means, accessible and
discoverable by Department components other than owners
of such mission data;
(4) incorporate into the cybersecurity architecture
of the Department emerging cybersecurity technologies
from the Defense Advanced Research Projects Agency, the
Strategic Capabilities Office, the Defense Innovation
Unit, the laboratories of the military departments, and
the commercial sector;
(5) ensure that the Department possesses the
necessary computing infrastructure, through technology
refresh, installation or acquisition of bandwidth, and
the use of cloud computing power, to host and enable
necessary cybersecurity capabilities; and
(6) utilize the Department's cybersecurity
expertise to improve cybersecurity performance,
operations, and acquisition, including--
(A) the cybersecurity testing,
architecting, and engineering expertise of the
National Security Agency; and
(B) the technology policy, workforce, and
engineering expertise of the Defense Digital
Service.
SEC. 1642. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE SECRETARY
OF DEFENSE FOR MILITARY OPERATIONS IN CYBERSPACE.
(a) In General.--The Secretary of Defense shall provide
written notification to the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate of the following:
(1) Authorities delegated to the Secretary by the
President for military operations in cyberspace that
are otherwise held by the National Command Authority,
not later than 15 days after any such delegation. A
notification under this paragraph shall include a
description of the authorities delegated to the
Secretary.
(2) Concepts of operations approved by the
Secretary pursuant to delegated authorities described
in paragraph (1), not later than 15 days after any such
approval. A notification under this paragraph shall
include the following:
(A) A description of authorized activities
to be conducted or planned to be conducted
pursuant to such authorities.
(B) The defined military objectives
relating to such authorities.
(C) A list of countries in which such
authorities may be exercised.
(D) A description of relevant orders issued
by the Secretary in accordance with such
authorities.
(b) Procedures.--
(1) In general.--The Secretary of Defense shall
establish and submit to the Committee on Armed Services
of the House of Representatives and the Committee on
Armed Services of the Senate procedures for complying
with the requirements of subsection (a), consistent
with the national security of the United States and the
protection of operational integrity. The Secretary
shall promptly notify such committees in writing of any
changes to such procedures at least 14 days prior to
the adoption of any such changes.
(2) Sufficiency.--The Committee on Armed Services
of the House of Representatives and the Committee on
Armed Services of the Senate shall ensure that
committee procedures designed to protect from
unauthorized disclosure classified information relating
to national security of the United States are
sufficient to protect the information that is submitted
to such committees pursuant to this section.
(3) Notification in event of unauthorized
disclosure.--In the event of an unauthorized disclosure
of authorities covered by this section, the Secretary
of Defense shall ensure, to the maximum extent
practicable, that the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate are notified immediately.
Notification under this paragraph may be verbal or
written, but in the event of a verbal notification, a
written notification signed by the Secretary shall be
provided by not later than 48 hours after the provision
of such verbal notification.
SEC. 1643. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT NETWORKS AND
ENTERPRISE SERVICES.
Of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Consolidated Afloat Networks and
Enterprise Services, not more than 85 percent of such funds may
be obligated or expended until the Secretary of the Navy and
the Chief Information Officer of the Department of Defense
independently certify to the congressional defense committees,
the Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate that recommendations in the Audit of Consolidated
Afloat Networks and Enterprise Services Security Safeguards
(DODIG-2019-072) have been implemented.
SEC. 1644. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.
(a) In General.--Not later than March 1 of each year, the
Secretary of Defense shall provide to the congressional defense
committees a written report summarizing all named military
cyberspace operations conducted in the previous calendar year,
including cyber effects, operations, cyber effects enabling
operations, and cyber operations conducted as defensive
operations. Each such summary should be organized by
adversarial country and should include the following for each
named operation:
(1) An identification of the objective and purpose.
(2) Descriptions of the impacted countries,
organizations, or forces, and nature of the impact.
(3) A description of methodologies used for the
cyber effects operation or cyber effects enabling
operation.
(4) An identification of the Cyber Mission Force
teams, or other Department of Defense entity or units,
that conducted such operation, and supporting teams,
entities, or units.
(5) An identification of the infrastructures on
which such operations occurred.
(6) A description of relevant legal, operational,
and funding authorities.
(7) Additional costs beyond baseline operations and
maintenance and personnel costs directly associated
with the conduct of the cyber effects operation or
cyber effects enabling operation.
(8) Any other matters the Secretary determines
relevant.
(b) Classification.--The Secretary of Defense shall provide
each report required under subsection (a) at a classification
level the Secretary determines appropriate.
(c) Limitation.--This section does not apply to cyber-
enabled military information support operations or military
deception operations.
SEC. 1645. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS AGAINST THE
DEPARTMENT OF DEFENSE BY CERTAIN FOREIGN ENTITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and each fiscal year thereafter
through fiscal year 2023, the Principal Cyber Advisor to the
Secretary of Defense and Chief Information Officer of the
Department of Defense shall submit to the congressional defense
committees a report on cyber attacks and intrusions in the
previous 12 months by agents or associates of the Governments
of the Russian Federation, the People's Republic of China, the
Islamic Republic of Iran, and the Democratic People's Republic
of Korea against or into the information systems (as such term
is defined in section 3502 of title 44, United States Code)
of--
(1) the Department of Defense; and
(2) any contractor of the Department of Defense
that works on sensitive United States military
technology.
(b) Form.--The report required by subsection (a) shall be
submitted in classified form. The data in such report shall be
aggregated from U.S. Cyber Command, the Defense Information
Systems Agency, the military services and Department of Defense
agencies, the Joint Staff, and the Office of the Secretary of
Defense.
SEC. 1646. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA STOLEN
THROUGH CYBERSPACE.
(a) Requirements.--If the Secretary of Defense determines
that significant Department of Defense data may have been
stolen through cyberspace and evidence of theft of the data in
question--
(1) is in the possession of a component of the
Department, the Secretary shall--
(A) either transfer or replicate and
transfer such Department data in a prompt and
secure manner to a secure repository with
access by Department personnel appropriately
limited on a need-to-know basis or otherwise
ensure such consistent access to the relevant
data by other means;
(B) ensure the Department applies such
automated analytic tools and capabilities to
the repository of potentially compromised data
as are necessary to rapidly understand the
scope and effect of the potential compromise;
(C) for high priority and mission critical
Department systems, develop analytic products
that characterize the scope of data
compromised;
(D) ensure that relevant mission-affected
entities in the Department are made aware of
the theft or possible theft and, as damage
assessment and mitigation proceeds, are kept
apprised of the extent of the data stolen; and
(E) ensure that Department
counterintelligence organizations are--
(i) fully integrated with any
damage assessment team assigned to the
breach;
(ii) fully informed of the data
that have or potentially have been
stolen and the effect of such theft;
and
(iii) provided resources and
tasked, in conjunction with subject
matter experts and responsible
authorities, to immediately and
appropriately respond, including
through the development and execution
of relevant countermeasures, to any
breach involving espionage and data
theft; or
(2) is in the possession of or under controls or
restrictions imposed by the Federal Bureau of
Investigation, or a national counterintelligence or
intelligence organization, the Secretary shall
determine, jointly with the Director of the Federal
Bureau of Investigation or the Director of National
Intelligence, as appropriate, the most expeditious
process, means, and conditions for carrying out the
activities otherwise required by paragraph (1).
(b) Recommendations.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees such recommendations as the
Secretary may have for legislative or administrative action to
address such barriers that may be inhibiting the implementation
of this section.
SEC. 1647. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY EXPERTISE TO
SUPPORT EVALUATION OF COMMERCIAL CYBERSECURITY
PRODUCTS.
(a) Advisory Mission.--The National Security Agency shall,
as a mission in its role in securing the information systems of
the Department of Defense, advise and assist the Department of
Defense in its evaluation and adoption of cybersecurity
products and services from industry, especially the commercial
cybersecurity sector.
(b) Program to Improve Acquisition of Cybersecurity
Products and Services.--
(1) Establishment.--Consistent with subsection (a),
the Director of the National Security Agency shall
establish a permanent program consisting of market
research, testing, and expertise transmission, or
augments to existing programs, to improve the
evaluation by the Department of Defense of
cybersecurity products and services.
(2) Requirements.--Under the program established
pursuant to paragraph (1), the Director shall,
independently and at the request of the components of
the Department of Defense--
(A) test and evaluate commercially
available cybersecurity products and services
using--
(i) generally known cyber
operations techniques; and
(ii) tools and cyber operations
techniques and advanced tools and
techniques available to the National
Security Agency;
(B) develop and establish standard
procedures, techniques, and threat-informed
metrics to perform the testing and evaluation
required by subparagraph (A); and
(C) advise the Chief Information Officer
and the components of the Department of Defense
on the merits and disadvantages of evaluated
cybersecurity products, including with respect
to--
(i) any synergies between products;
(ii) value;
(iii) matters relating to operation
and maintenance; and
(iv) matters relating to
customization requirements.
(3) Limitations.--The program established under
paragraph (1) may not--
(A) by used to accredit cybersecurity
products and services for use by the
Department;
(B) create approved products lists; or
(C) be used for the procurement and
fielding of cybersecurity products on behalf of
the Department.
SEC. 1648. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED STATES
DEFENSE INDUSTRIAL BASE.
(a) Framework Required.--Not later than February 1, 2020,
the Secretary of Defense shall develop a consistent,
comprehensive framework to enhance cybersecurity for the United
States defense industrial base.
(b) Elements.--The framework developed pursuant to
subsection (a) shall include the following:
(1) Identification of unified cybersecurity
standards, regulations, metrics, ratings, third-party
certifications, or requirements to be imposed on the
defense industrial base for the purpose of assessing
the cybersecurity of individual contractors.
(2) Roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Intelligence and
Security, the Chief Information Officer, the Director
of the Protecting Critical Technologies Task Force, and
the Secretaries of the military departments relating to
the following:
(A) Establishing and ensuring compliance
with cybersecurity standards, regulations, and
policies.
(B) Deconflicting existing cybersecurity
standards, regulations, and policies.
(C) Coordinating with and providing
assistance to the defense industrial base for
cybersecurity matters, particularly as relates
to the programs and processes described in
paragraphs (8) and (9).
(D) Management and oversight of the
acquisition process, including responsibility
determination, solicitation, award, and
contractor management, relating to
cybersecurity standards, regulations, metrics,
ratings, third-party certifications, or
requirements.
(3) The responsibilities of the prime contractors,
and all subcontractors in the supply chain, for
implementing the required cybersecurity standards,
regulations, metrics, ratings, third-party
certifications, and requirements identified under
paragraph (1).
(4) Definitions for ``Controlled Unclassified
Information'' (CUI) and ``For Official Use Only''
(FOUO), as well as policies regarding protecting
information designated as either of such.
(5) Methods and programs for managing controlled
unclassified information, and for limiting the presence
of unnecessary sensitive information on contractor
networks.
(6) A plan to provide implementation guidance,
education, manuals, and, as necessary, direct technical
support or assistance, to contractors on matters
relating to cybersecurity.
(7) Quantitative metrics for assessing the
effectiveness of the overall framework over time, with
respect to the exfiltration of controlled unclassified
information from the defense industrial base.
(8) A comprehensive list of current and planned
Department of Defense programs to assist the defense
industrial base with cybersecurity compliance
requirements of the Department, including those
programs that provide training, expertise, and funding,
and maintain approved security products lists and
approved providers lists.
(9) Processes for enhanced threat information
sharing between the Department of Defense and the
defense industrial base.
(c) Matters for Consideration.--In developing the framework
pursuant to subsection (a), the Secretary shall consider the
following:
(1) Designating an official to be responsible for
the cybersecurity of the defense industrial base.
(2) Risk-based methodologies, standards, metrics,
and tiered cybersecurity requirements for the defense
industrial base, including third-party certifications
such as the Cybersecurity Maturity Model Certification
pilot program, as the basis for a mandatory Department
standard.
(3) Tailoring cybersecurity requirements for small-
and medium-sized contractors based on a risk-based
approach.
(4) Ensuring a consistent approach across the
Department to cybersecurity standards, regulations,
metrics, ratings, third-party certifications, or
requirements of the defense industrial base.
(5) Ensuring the Department's traceability and
visibility of cybersecurity compliance of suppliers to
all levels of the supply chain.
(6) Evaluating incentives and penalties for
cybersecurity performance of suppliers.
(7) Integrating cybersecurity and traditional
counterintelligence measures, requirements, and
programs.
(8) Establishing a secure software development
environment (DevSecOps) in a cloud environment inside
the perimeter of the Department for contractors to
perform their development work.
(9) Establishing a secure cloud environment through
which contractors may access the data of the Department
needed for their contract work.
(10) An evaluation of the resources and utilization
of Department programs to assist the defense industrial
base in complying with cybersecurity compliance
requirements referred to in subsection (b)(1).
(11) Technological means, operational concepts,
reference architectures, offensive counterintelligence
operation concepts, and plans for operationalization to
complicate adversary espionage, including honeypotting
and data obfuscation.
(12) Implementing enhanced security vulnerability
assessments for contractors working on critical
acquisition programs, technologies, manufacturing
capabilities, and research areas.
(13) Identifying ways to better leverage technology
and employ machine learning or artificial intelligence
capabilities, such as Internet Protocol monitoring and
data integrity capabilities, to be applied to
contractor information systems that host, receive, or
transmit controlled unclassified information.
(14) Developing tools to easily segregate program
data to only allow subcontractors access to their
specific information.
(15) Appropriate communications of threat
assessments of the defense industrial base to the
acquisition workforce at all classification levels.
(16) A single Sector Coordinating Council for the
defense industrial base.
(17) Appropriate communications with the defense
industrial base on the impact of cybersecurity
requirements in contracting and procurement decisions.
(d) Consultation.--In developing the framework required
pursuant to subsection (a), the Secretary shall consult with
the following:
(1) Industry groups representing the defense
industrial base.
(2) Contractors in the defense industrial base.
(3) The Director of the National Institute of
Standards and Technology.
(4) The Secretary of Energy.
(5) The Director of National Intelligence.
(6) Relevant Federal regulatory agencies.
(e) Briefing.--
(1) In general.--Not later than March 11, 2020, the
Secretary of Defense shall provide the congressional
defense committees with a briefing on the framework
developed pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph
(1) shall include the following:
(A) An overview of the framework developed
pursuant to subsection (a).
(B) Identification of such pilot programs
as the Secretary considers may be required to
improve the cybersecurity of the defense
industrial base.
(C) Implementation timelines and
identification of costs.
(D) Such recommendations as the Secretary
may have for legislative action to improve the
cybersecurity of the defense industrial base.
(f) Quarterly Briefings.--
(1) In general.--Not less frequently than once each
quarter after the briefing provided pursuant to
subsection (e) until February 1, 2022, the Secretary of
Defense shall brief the congressional defense
committees on the status of development and
implementation of the framework developed pursuant to
subsection (a).
(2) Coordination with other briefings.--Each
briefing under paragraph (1) shall be conducted in
conjunction with a quarterly briefing under section
484(a) of title 10, United States Code.
(3) Elements.--Each briefing under paragraph (1)
shall include the following:
(A) The current status of the development
and implementation of the framework developed
pursuant to subsection (a).
(B) A description of the efforts undertaken
by the Secretary to evaluate the matters for
consideration set forth in subsection (c).
(C) The current status of any pilot
programs the Secretary is carrying out to
develop the framework.
SEC. 1649. REPORT ON CYBERSECURITY TRAINING PROGRAMS.
Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives and
the Committee on Armed Services of the Senate a report that
accounts for all of the efforts, programs, initiatives, and
investments of the Department of Defense to train elementary,
secondary, and postsecondary students in fields related to
cybersecurity, cyber defense, and cyber operations. The report
shall--
(1) include information on the metrics used to
evaluate such efforts, programs, initiatives, and
investments, and identify overlaps or redundancies
across the such efforts, programs, initiatives, and
investments; and
(2) address how the Department leverages such
efforts, programs, initiatives, and investments in the
recruitment and retention of both the civilian and
military cyber workforces.
SEC. 1650. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS RELATING TO
DEPARTMENT OF DEFENSE OPERATIONS IN CYBERSPACE.
Not later than 30 days after the date of the enactment of
this Act, upon request of the congressional defense committees,
the President shall allow for such committees to read a copy of
all National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace at an
appropriately cleared facility of the requesting committee's
choosing. At the conclusion of such reading, such documents
shall be collected and returned to the President.
SEC. 1651. REORIENTATION OF BIG DATA PLATFORM PROGRAM.
(a) Reorientation of Program.--
(1) In general.--Not later than January 1, 2021,
the Secretary of Defense shall--
(A) reorient the Big Data Platform program
as specified in this section; and
(B) align the reorientation effort under an
existing line of effort of the Cyber Strategy
of the Department of Defense.
(2) Oversight of implementation.--The Secretary
shall act through the Principal Cyber Advisor and the
supporting Cross Functional Team in the oversight of
the implementation of paragraph (1).
(b) Common Baseline and Security Classification Scheme.--
(1) In general.--Not later than January 1, 2021,
the Secretary shall establish a common baseline and
security classification scheme for the collection,
storage, processing, querying, analysis, and
accessibility of a common and comprehensive set of
metadata from sensors, applications, appliances,
products, and systems deployed across the Department of
Defense Information Network (DODIN) to enable the
discovery, tracking, and remediation of cybersecurity
threats.
(2) Requirements.--In carrying out paragraph (1),
the Secretary shall--
(A) take such actions as the Secretary
considers necessary to standardize deployed
infrastructure, including the Department of
Defense's perimeter capabilities at the
Internet Access Points, the Joint Regional
Security Stacks, or other approved solutions,
and the routing of data laterally and
vertically from Department of Defense
Information Network segments and tiers, to
enable standard and comprehensive metadata
collection;
(B) take such actions as the Secretary
considers necessary to standardize deployed
cybersecurity applications, products, and
sensors and the routing of data laterally and
vertically from Department of Defense
Information Network segments and tiers, to
enable standard and comprehensive metadata
collection;
(C) develop an enterprise-wide architecture
and strategy for--
(i) where to place sensors or
extract data from network information
technology, operational technology, and
cybersecurity appliances, applications,
products, and systems for cybersecurity
purposes;
(ii) which metadata data records
should be universally sent to Big Data
Platform instances and which metadata
data records, if any, should be locally
retained; and
(iii) expeditiously and efficiently
transmitting metadata records to the
Big Data Platform instances, including
the acquisition and installation of
further data bandwidth;
(D) determine the appropriate number,
organization, and functions of separate Big
Data Platform instances, and whether the Big
Data Platform instances that are currently
managed by Department of Defense components,
including the military services, should instead
be jointly and regionally organized, or
terminated;
(E) determine the appropriate roles of the
Defense Information Systems Agency's Acropolis,
United States Cyber Command's Scarif, and any
similar Big Data Platforms as enterprise-wide
real-time cybersecurity situational awareness
capabilities or as complements or replacements
for component level Big Data Platform
instances;
(F) ensure that all Big Data Platform
instances are engineered and approved to enable
standard access and expeditious query
capabilities by the Unified Platform, the
network defense service providers, and the
Cyber Mission Forces, with centrally managed
authentication and authorization services;
(G) prohibit and remove barriers to
information sharing, distributed query, data
analysis, and collaboration across Big Data
Platform instances, such as incompatible
interfaces, interconnection service agreements,
and the imposition of accreditation boundaries;
(H) transition all Big Data Platform
instances to a cloud computing environment in
alignment with the cloud strategy of the Chief
Information Officer of the Department of
Defense;
(I) consider whether packet capture
databases should continue to be maintained
separately from the Big Data Platform
instances, managed at the secret level of
classification, and treated as malware-infected
when the packet data are copies of packets
extant in the Department of Defense Information
Network;
(J) in the case that the Secretary decides
to sustain the status quo on packet capture
databases, ensure that analysts operating on or
from the Unified Platform, the Big Data
Platform instances, the network defense
services providers, and the Cyber Mission
Forces can directly access packets and query
the database; and
(K) consider whether the Joint Artificial
Intelligence Center's cybersecurity artificial
intelligence national mission initiative, and
any other similar initiatives, should include
an application for the metadata residing in the
Big Data Platform instances.
(c) Limit on Data and Data Indexing Schema.--The Secretary
shall ensure that the Unified Platform and the Big Data
Platform programs achieve data and data indexing schema
standardization and integration to ensure interoperability,
access, and sharing by and between Big Data Platform and other
data sources and stores.
(d) Analytics and Application Sourcing and Collaboration.--
The Secretary shall ensure that the services, U.S. Cyber
Command, and Defense Information Systems Agency--
(1) seek advanced analytics and applications from
Government and commercial sources that can be executed
on the deployed Big Data Platform architecture; and
(2) collaborate with vendors offering commercial
analytics and applications, including support to
refactoring commercial capabilities to the Government
platform where industry can still own the intellectual
property embedded in the analytics and applications.
(e) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 180 days thereafter until the activities required by
subsection (a)(1) are completed, the Secretary shall brief the
congressional defense committees on the activities of the
Secretary in carrying out subsection (b).
SEC. 1652. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER AND
INFORMATION TECHNOLOGY PERSONNEL.
(a) Review Required.--Not later than January 1, 2021, each
head of a covered department, component, or agency shall--
(1) complete a zero-based review of the cyber and
information technology personnel of the head's covered
department, component, or agency; and
(2) provide the Principal Cyber Advisor, the Chief
Information Officer of the Department of Defense, and
the Under Secretary of Defense for Personnel and
Readiness the findings of the head with respect to the
head's covered department, component, or agency.
(b) Covered Departments, Components, and Agencies.--For
purposes of this section, a covered department, component, or
agency is--
(1) an independent Department of Defense component
or agency;
(2) the Office of the Secretary of Defense;
(3) a component of the Joint Staff;
(4) a military department or an armed force; or
(5) a reserve component of the Armed Forces.
(c) Scope of Review.--As part of a review conducted
pursuant to subsection (a)(1), the head of a covered
department, component, or agency shall, with respect to the
covered department, component, or agency of the head--
(1) assess military, civilian, and contractor
positions and personnel performing cyber and
information technology missions;
(2) determine the roles and functions assigned by
reviewing existing position descriptions and conducting
interviews to quantify the current workload performed
by military, civilian, and contractor workforce;
(3) compare the Department's manning with the
manning of comparable industry organizations;
(4) include evaluation of the utility of cyber- and
information technology-focused missions, positions, and
personnel within such components--
(A) to assess the effectiveness and
efficiency of current activities;
(B) to assess the necessity of increasing,
reducing, or eliminating resources; and
(C) to guide prioritization of investment
and funding;
(5) develop recommendations and objectives for
organizational, manning, and equipping change, taking
into account anticipated developments in information
technologies, workload projections, automation and
process enhancements, and Department requirements;
(6) develop a gap analysis, contrasting the current
organization and the objectives developed pursuant to
paragraph (5); and
(7) develop roadmaps of prioritized activities and
a timeline for implementing the activities to close the
gaps identified pursuant to paragraph (6).
(d) Elements.--In carrying out a review pursuant to
subsection (a)(1), the head of a covered department, component,
or agency shall consider the following:
(1) Whether position descriptions and coding
designators for given cybersecurity and information
technology roles are accurate indicators of the work
being performed.
(2) Whether the function of any cybersecurity or
information technology position or personnel can be
replaced by acquisition of cybersecurity or information
technology products or automation.
(3) Whether a given component or subcomponent is
over- or under-resourced in terms of personnel, using
industry standards as a benchmark where applicable.
(4) Whether cybersecurity service provider
positions and personnel fit coherently into the
enterprise-wide cybersecurity architecture and with the
Department's cyber protection teams.
(5) Whether the function of any cybersecurity or
information technology position or personnel could be
conducted more efficiently or effectively by
enterprise-level cyber or information technology
personnel.
(e) Furnishing Data and Analysis.--
(1) Data and analysis.--In carrying out subsection
(a)(2), each head of a covered department, component,
or agency, shall furnish to the Principal Cyber
Advisor, the Chief Information Officer, and the Under
Secretary a description of the analysis that led to the
findings submitted under such subsection and the data
used in such analysis.
(2) Certification.--The Principal Cyber Advisor,
the Chief Information Officer, and the Under Secretary
of Defense shall jointly review each submittal under
subsection (a)(2) and certify whether the findings and
analysis are in compliance with the requirements of
this section.
(f) Recommendations.--After receiving findings submitted by
a head of a covered department, component, or agency pursuant
to paragraph (2) of subsection (a) with respect to a review
conducted by the head pursuant to paragraph (1) of such
subsection, the Principal Cyber Advisor, the Chief Information
Officer, and the Under Secretary shall jointly provide to such
head such recommendations as the Principal Cyber Advisor, the
Chief Information Officer, and the Under Secretary may have for
changes in manning or acquisition that proceed from such
review.
(g) Implementation.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly
oversee and assist in the implementation of the roadmaps
developed pursuant to subsection (c)(7) and the recommendations
developed pursuant to subsection (f).
(h) In-progress Reviews.--Not later than six months after
the date of the enactment of this Act and not less frequently
than once every six months thereafter until the Principal Cyber
Advisor, the Chief Information Officer, and the Under Secretary
give the briefing required by subsection (i), the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary shall jointly--
(1) conduct in-progress reviews of the status of
the reviews required by subsection (a)(1); and
(2) provide the congressional defense committees
with a briefing on such in-progress reviews.
(i) Final Briefing.--After all of the reviews have been
completed under paragraph (1) of subsection (a), after
receiving all of the findings pursuant to paragraph (2) of such
subsection, and not later than June 1, 2021, the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary shall jointly provide to the congressional defense
committees a briefing on the findings of the Principal Cyber
Advisor, the Chief Information Officer, and the Under Secretary
with respect to such reviews, including such recommendations as
the Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary may have for changes to the budget of the
Department as a result of such reviews.
(j) Definition of Zero-based Review.--In this section, the
term ``zero-based review'' means a review in which an
assessment is conducted with each item, position, or person
costed anew, rather than in relation to its size or status in
any previous budget.
SEC. 1653. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY.
(a) Study Required.--Not later than October 1, 2020, the
Secretary of the Navy and the Chief of Naval Operations shall
jointly--
(1) complete a study on methods to improve military
and civilian cyber career paths within the Navy; and
(2) submit to the congressional defense committees
a report on the findings of the Secretary and Chief
with respect to the study completed pursuant to
paragraph (1), including all of the data used in such
study.
(b) Elements.--The report submitted pursuant to subsection
(a)(2) shall include the following:
(1) A plan for implementing career paths for
civilian and military personnel tailored to develop
expertise in cyber skill sets, including skill sets
appropriate for offensive and defensive military cyber
operations. Such plan should also evaluate the current
Cyber Warfare Engineer career field for officers,
including options for expanding the career field beyond
current plans.
(2) Suggested changes to the processes that govern
the identification of talent and career progression of
the civilian and military workforce.
(3) A methodology for a cyber workforce assignment
policy that deliberately builds depth and breadth of
knowledge regarding the conduct of cyber operations
throughout an entire career.
(4) Possible enhancements to identifying,
recruiting, training, and retaining the civilian and
military cyber workforce, especially for Interactive
On-Net operators and tool developers.
(5) Recommendations for legislative and
administrative actions to address the findings and
recommendations of the Secretary and the Chief with
respect to the study completed pursuant to subsection
(a)(1).
(c) Consultation.--In conducting the study required by
subsection (a)(1), the Secretary and the Chief shall consult
with the following:
(1) The Principal Cyber Advisor of the Department
of Defense.
(2) The Secretary of the Air Force.
(3) The Commander of the United States Cyber
Command.
(4) The Air Force Chief of Staff.
(5) The Secretary of the Army.
(6) The Army Chief of Staff.
(7) The Commandant of the Marine Corps.
(8) The Under Secretary of Defense for Personnel
and Readiness.
(9) The Chief Information Officer of the Department
of Defense.
SEC. 1654. ACCREDITATION STANDARDS AND PROCESSES FOR CYBERSECURITY AND
INFORMATION TECHNOLOGY PRODUCTS AND SERVICES.
(a) Assessment.--Consistent with the responsibilities and
duties outlined in section 142 of title 10, United States Code,
the Chief Information Officer of the Department of Defense
shall conduct an enterprise assessment of accreditation
standards and processes for cybersecurity and information
technology products and services.
(b) Report.--
(1) In general.--Not later than April 1, 2020, the
Chief Information Officer shall submit to the
congressional defense committees a report on the
assessment conducted under subsection (a).
(2) Contents.--The report submitted under paragraph
(1) shall include the following:
(A) The findings of the Chief Information
Officer with respect to the assessment
conducted under subsection (a).
(B) A description of the modifications
proposed or implemented to accreditation
standards and processes arising out of the
assessment.
(C) A description of how the Department
will increasingly automate accreditation
processes, pursue agile development,
incorporate machine learning, and foster
reciprocity across authorizing officials.
SEC. 1655. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF DEPARTMENT
OF DEFENSE.
(a) Study Required.--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 the
future cyber warfighting capabilities of the Department of
Defense.
(b) Participation.--Participants in the study shall include
the following:
(1) Such members of the Board, including members of
the Task Force on Cyber Deterrence of the Board, as the
Chairman of the Board considers appropriate for the
study.
(2) Such additional temporary members or contracted
support as the Secretary--
(A) selects from those recommended by the
Chairman for purposes of the study; and
(B) considers to have significant
technical, policy, or military expertise.
(c) Elements.--The study conducted pursuant to subsection
(a) shall include the following:
(1) A technical evaluation of the Joint Cyber
Warfighting Architecture of the Department, especially
the Unified Platform, Joint Cyber Command and Control,
and Persistent Cyber Training Environment, including
with respect to the following:
(A) The suitability of the requirements
and, as relevant, the delivered capability of
such architecture to modern cyber warfighting.
(B) Such requirements or capabilities as
may be absent or underemphasized in such
architecture.
(C) The speed of development and
acquisition as compared to mission need.
(D) Identification of potential duplication
of efforts among the programs and concepts
evaluated.
(E) The coherence of such architecture with
the National Mission Teams and Combat Mission
Teams of the Cyber Mission Force, as
constituted and organized on the day before the
date of the enactment of this Act.
(F) The coherence of such architecture with
the Cyber Protection Teams of the Cyber Mission
Force and the cybersecurity service providers
of the Department, as constituted and organized
on the day before the date of the enactment of
this Act.
(G) The coherence of such architecture with
the concepts of persistent engagement and
defending forward as incorporated in the 2018
Department of Defense Cyber Strategy, including
with respect to operational concepts such as
consistent spy-on-spy engagement, securing
adversary operating pictures, and preemptively
feeding indicators and warning to defensive
operators.
(2) A technical evaluation of the tool development
and acquisition programs of the Department, including
with respect to the following:
(A) The suitability of planned tool suite
and cyber armory constructs of the United
States Cyber Command to modern cyber
warfighting.
(B) The speed of development and
acquisition as compared to mission need.
(C) The resourcing and effectiveness of the
internal tool development of the United States
Cyber Command as compared to the tool
development of the National Security Agency.
(D) The resourcing and effectiveness of the
internal tool development of the United States
Cyber Command as compared to its acquisition.
(E) The coherence of such programs with the
concepts of persistent engagement and defending
forward as incorporated in the 2018 Department
of Defense Cyber Strategy, including with
respect to operational concepts such as
consistent spy-on-spy engagement, securing
adversary operating pictures, and preemptively
feeding indicators and warning to defensive
operators.
(3) An evaluation of the operational planning and
targeting of the United States Cyber Command, including
support for regional combatant commands, and
suitability for modern cyber warfighting.
(4) Development of such recommendations as the
Board may have for legislative or administrative action
relating to the future cyber warfighting capabilities
of the Department.
(d) 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.
(e) Report.--
(1) Transmittal to secretary.--Not later than
November 1, 2021, the Board shall transmit to the
Secretary a final report on the study conducted
pursuant to subsection (a).
(2) Transmittal to congress.--Not later than 30
days after the date on which the Secretary receives the
final report under paragraph (1), the Secretary shall
submit to the congressional defense committees such
report and such comments as the Secretary considers
appropriate.
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.
(a) Study.--
(1) In general.--The Principal Cyber Advisor of the
Department of Defense shall conduct a study to
determine the optimal strategy for structuring and
manning elements of the following:
(A) Joint Force Headquarters-Cyber
organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning
Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study conducted under subsection
(a) shall include assessment of the following:
(A) Operational effects on the military
services if the entities listed in
subparagraphs (A) through (C) of paragraph (1)
are restructured from organizations that are
service component organizations to joint
organizations.
(B) Organizational effects on the military
services if the billets associated with the
entities listed in subparagraphs (A) through
(C) of paragraph (1) are transferred to United
States Cyber Command and designated as joint
billets for joint qualification purposes.
(C) Operational and organizational effects
on the military services, United States Cyber
Command, other combatant commands, and the
Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1)
are realigned, restructured, or consolidated.
(b) Report.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Principal Cyber
Advisor shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of
the House of Representatives a report on the study
conducted under subsection (a).
(2) Contents.--The report submitted under paragraph
(1) shall contain the following:
(A) The findings of the Principal Cyber
Advisor with respect to the study conducted
under subsection (a).
(B) Details of the operational and
organizational effects assessed under
subsection (a)(2).
(C) A plan to carry out the transfer
described in subsection (a)(2)(B) and the
associated costs, as appropriate.
(D) A plan to realign, restructure, or
consolidate the entities listed in
subparagraphs (A) through (D) of subsection
(a)(1).
(E) Such other matters as the Principal
Cyber Advisor considers appropriate.
SEC. 1657. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER ADVISORS ON
MILITARY CYBER FORCE MATTERS.
(a) Designation.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, each of the
secretaries of the military departments, in
consultation with the service chiefs, shall appoint an
independent Principal Cyber Advisor for each service to
act as the principal advisor to the relevant secretary
on all cyber matters affecting that military service.
(2) Nature of position.--Each Principal Cyber
Advisor position under paragraph (1) shall--
(A) be a senior civilian leadership
position, filled by a senior member of the
Senior Executive Service, not lower than the
equivalent of a 3-star general officer, or by
exception a comparable military officer with
extensive cyber experience;
(B) exclusively occupy the Principal Cyber
Advisor position and not assume any other
position or responsibility in the relevant
military department;
(C) be independent of the relevant
service's chief information officer; and
(D) report directly to and advise the
secretary of the relevant military department
and advise the relevant service's senior
uniformed officer.
(3) Notification.--Each of the secretaries of the
military departments shall notify the Committees on
Armed Services of the Senate and House of
Representatives of his or her Principal Cyber Advisor
appointment. In the case that the appointee is a
military officer, the notification shall include a
justification for the selection and an explanation of
the appointee's ability to execute the responsibilities
of the Principal Cyber Advisor.
(b) Responsibilities of Principal Cyber Advisors.--Each
Principal Cyber Advisor under subsection (a) shall be
responsible for advising both the secretary of the relevant
military department and the senior uniformed military officer
of the relevant military service and implementing the
Department of Defense Cyber Strategy within the service by
coordinating and overseeing the execution of the service's
policies and programs relevant to the following:
(1) The recruitment, resourcing, and training of
military cyberspace operations forces, assessment of
these forces against standardized readiness metrics,
and maintenance of these forces at standardized
readiness levels.
(2) Acquisition of offensive, defensive, and
Department of Defense Information Networks cyber
capabilities for military cyberspace operations.
(3) Cybersecurity management and operations.
(4) Acquisition of cybersecurity tools and
capabilities, including those used by cybersecurity
service providers.
(5) Evaluating, improving, and enforcing a culture
of cybersecurity warfighting and accountability for
cybersecurity and cyberspace operations.
(6) Cybersecurity and related supply chain risk
management of the industrial base.
(7) Cybersecurity of Department of Defense
information systems, information technology services,
and weapon systems, including the incorporation of
cybersecurity threat information as part of secure
development processes, cybersecurity testing, and the
mitigation of cybersecurity risks.
(c) Coordination.--To ensure service compliance with the
Department of Defense Cyber Strategy, each Principal Cyber
Advisor under subsection (a) shall work in close coordination
with the following:
(1) Service chief information officers.
(2) Service cyber component commanders.
(3) Principal Cyber Advisor to the Secretary of
Defense.
(4) Department of Defense Chief Information
Officer.
(5) Defense Digital Service.
(d) Budget Certification Authority.--
(1) In general.--Each of the secretaries of the
military departments shall require service components
with responsibilities associated with cyberspace
operations forces, offensive or defensive cyberspace
operations and capabilities, and cyberspace issues
relevant to the duties specified in subsection (b) to
transmit the proposed budget for such responsibilities
for a fiscal year and for the period covered by the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for
that fiscal year to the relevant service's Principal
Cyber Advisor for review under subparagraph (B) before
submitting the proposed budget to the department's
comptroller.
(2) Review.--Each Principal Cyber Advisor under
subsection (a)(1) shall review each proposed budget
transmitted under paragraph (1) and submit to the
secretary of the relevant military department a report
containing the comments of the Principal Cyber Advisor
with respect to all such proposed budgets, together
with the certification of the Principal Cyber Advisor
regarding whether each proposed budget is adequate.
(3) Report.--Not later than March 31 of each year,
each of the secretaries of the military departments
shall submit to the congressional defense committees a
report specifying each proposed budget for the
subsequent fiscal year contained in the most-recent
report submitted under paragraph (2) that the Principal
Cyber Advisor did not certify to be adequate. The
report of the secretary shall include a discussion of
the actions that the secretary took or proposes to
take, together with any additional comments that the
Secretary considers appropriate regarding the adequacy
or inadequacy of the proposed budgets.
(e) Principal Cyber Advisors' Briefing to Congress.--Not
later than February 1, 2021, and biannually thereafter, each
Principal Cyber Advisor under subsection (a) shall brief the
Committees on Armed Services of the Senate and House of
Representatives on that Advisor's activities and ability to
perform the functions specified in subsection (b).
(f) Review of Current Responsibilities.--
(1) In general.--Not later than January 1, 2021,
each of the secretaries of the military departments
shall review the relevant military department's current
governance model for cybersecurity with respect to
current authorities and responsibilities.
(2) Elements.--Each review under paragraph (1)
shall include the following:
(A) An assessment of whether additional
changes beyond the appointment of a Principal
Cyber Advisor pursuant to subsection (a) are
required.
(B) Consideration of whether the current
governance structure and assignment of
authorities--
(i) enable effective governance;
(ii) enable effective Chief
Information Officer and Chief
Information Security Officer action;
(iii) are adequately consolidated
so that the authority and
responsibility for cybersecurity risk
management are clear and at an
appropriate level of seniority;
(iv) provide authority to a single
individual to certify compliance of
Department of Defense information
systems and information technology
services with all current cybersecurity
standards; and
(v) support efficient coordination
across the military services, the
Office of the Secretary of Defense, the
Defense Information Systems Agency, and
United States Cyber Command.
(3) Briefing.--Not later than October 1, 2020, each
of the secretaries of the military departments shall
brief the Committees on Armed Services of the Senate
and House of Representatives on the findings of the
Secretary with respect to the review conducted by the
Secretary pursuant to paragraph (1).
SEC. 1658. DESIGNATION OF TEST NETWORKS FOR TESTING AND ACCREDITATION
OF CYBERSECURITY PRODUCTS AND SERVICES.
(a) Designation.--Not later than April 1, 2020, the
Secretary of Defense shall designate, for use by the Defense
Information Systems Agency and such other components of the
Department of Defense as the Secretary considers appropriate,
three test networks for the testing and accreditation of
cybersecurity products and services.
(b) Requirements.--The networks designated under subsection
(a) shall--
(1) be of sufficient scale to realistically test
cybersecurity products and services;
(2) feature substantially different architectures
and configurations;
(3) be live, operational networks; and
(4) feature cybersecurity processes, tools, and
technologies that are appropriate for test purposes and
representative of the processes, tools, and
technologies that are widely used throughout the
Department.
(c) Access.--Upon request, information generated in the
testing and accreditation of cybersecurity products and
services shall be made available to the Office of the Director,
Operational Test and Evaluation.
SEC. 1659. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON
CYBERSECURITY MATTERS.
(a) Establishment and Function.--The Secretary of Defense
shall establish one or more consortia of universities to assist
the Secretary on cybersecurity matters relating to the
following:
(1) To provide the Secretary a formal mechanism to
communicate with consortium or consortia members
regarding the Department of Defense's cybersecurity
strategic plans, cybersecurity requirements, and
priorities for basic and applied cybersecurity
research.
(2) To advise the Secretary on the needs of
academic institutions related to cybersecurity and
research conducted on behalf of the Department and
provide feedback to the Secretary from members of the
consortium or consortia.
(3) To serve as a focal point or focal points for
the Secretary and the Department for the academic
community on matters related to cybersecurity,
cybersecurity research, conceptual and academic
developments in cybersecurity, and opportunities for
closer collaboration between academia and the
Department.
(4) To provide to the Secretary access to the
expertise of the institutions of the consortium or
consortia on matters relating to cybersecurity.
(5) To align the efforts of such members in support
of the Department.
(b) Membership.--The consortium or consortia established
under subsection (a) shall be open to all universities that
have been designated as centers of academic excellence by the
Director of the National Security Agency or the Secretary of
Homeland Security.
(c) Organization.--
(1) Designation of administrative chair and
terms.--For each consortium established under
subsection (a), the Secretary of Defense, based on
recommendations from the members of the consortium,
shall designate one member of the consortium to
function as an administrative chair of the consortium
for a term with a specific duration specified by the
Secretary.
(2) Subsequent terms.--No member of a consortium
designated under paragraph (1) may serve as the
administrative chair of that consortium for two
consecutive terms.
(3) Duties of administrative chair.--Each
administrative chair designated under paragraph (1) for
a consortium shall--
(A) act as the leader of the consortium for
the term specified by the Secretary under
paragraph (1);
(B) be the liaison between the consortium
and the Secretary;
(C) distribute requests from the Secretary
for advice and assistance to appropriate
members of the consortium and coordinate
responses back to the Secretary; and
(D) act as a clearinghouse for Department
of Defense requests relating to assistance on
matters relating to cybersecurity and to
provide feedback to the Secretary from members
of the consortium.
(4) Executive committee.--For each consortium, the
Secretary, in consultation with the administrative
chair, may form an executive committee comprised of
university representatives to assist the chair with the
management and functions of the consortia. Executive
committee institutions may not serve consecutive terms
before all other consortium institutions have been
afforded the opportunity to hold the position.
(d) Consultation.--The Secretary, or a senior level
designee, shall meet with each consortium not less frequently
than twice per year, or at a periodicity agreed to between the
Department and each such consortium.
(e) Procedures.--The Secretary shall establish procedures
for organizations within the Department to access the work
product produced by and the research, capabilities, and
expertise of a consortium established under subsection (a) and
the universities that constitute such consortium.
SEC. 1660. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED TEAM
CAPABILITIES, CAPACITY, DEMAND, AND REQUIREMENTS.
(a) Joint Assessment Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Chief Information
Officer of the Department of Defense, Principal Cyber Advisor,
and the Director of Operational Test and Evaluation--
(1) conduct a joint assessment of Department cyber
red team capabilities, capacity, demand, and future
requirements that affect the Department's ability to
develop, test, and maintain secure systems in a cyber
environment; and
(2) brief the congressional defense committees on
the results of the joint assessment.
(b) Elements.--The joint assessment required by subsection
(a)(1) shall--
(1) specify demand for cyber red team support for
acquisition and operations;
(2) specify shortfalls in meeting demand and future
requirements, disaggregated by the Department of
Defense component or agency and by military department;
(3) examine funding and retention initiatives to
increase cyber red team capacity to meet demand and
future requirements identified to support the testing,
training, and development communities;
(4) examine the feasibility and benefit of
developing and procuring a common Red Team Integrated
Capabilities Stack that better utilizes increased
capacity of cyber ranges and better models the
capabilities and tactics, techniques, and procedures of
adversaries;
(5) examine the establishment of oversight and
assessment metrics for Department cyber red teams;
(6) assess the implementation of common development
efforts for tools, techniques, and training;
(7) assess potential industry and academic
partnerships and services;
(8) assess the mechanisms and procedures in place
to deconflict red-team activities and defensive cyber
operations on active networks;
(9) assess the use of Department cyber personnel in
training as red team support;
(10) assess the use of industry and academic
partners and contractors as red team support and the
cost- and resource-effectiveness of such support; and
(11) assess the need for permanent, high-end
dedicated red-teaming activities to model sophisticated
adversaries' attacking critical Department systems and
infrastructure.
Subtitle D--Nuclear Forces
SEC. 1661. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL
LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEM.
Section 171a of title 10, United States Code, is amended by
striking ``, Technology, and Logistics'' each place it appears
and inserting ``and Sustainment''.
SEC. 1662. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR COMMAND,
CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Duties and Powers of Under Secretary of Defense for
Acquisition and Sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following
new paragraph (4):
``(4) establishing policies for, and providing
oversight, guidance, and coordination with respect to,
the nuclear command, control, and communications
system;''; and
(3) in paragraph (6), as redesignated by paragraph
(1), by inserting after ``overseeing the modernization
of nuclear forces'' the following: ``, including the
nuclear command, control, and communications system,''.
(b) Duties and Responsibilities of Chief Information
Officer.--Section 142(b)(1) of such title is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
SEC. 1663. BRIEFINGS ON MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL.
Section 179 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Semiannual Briefings.--(1) Not later than February 1
and August 1 of each year, the Council shall provide to the
congressional defense committees a briefing on, with respect to
the six-month period preceding the briefing--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a
summary of any decisions made by the Council pursuant
to subsection (d) at each such meeting and the
rationale for and options that informed such decisions.
``(2) The Council shall not be required to include in a
briefing under paragraph (1) the matters described in
subparagraph (B) of that paragraph with respect to decisions of
the Council relating to the budget of the President for a
fiscal year if the budget for that fiscal year has not been
submitted to Congress under section 1105 of title 31 as of the
date of the briefing.''.
SEC. 1664. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF NUCLEAR
WEAPONS COUNCIL.
(a) Attendance.--
(1) Requirement.--Except as provided by subsection
(b), each official described in paragraph (2) shall
attend the meetings of the Nuclear Weapons Council
established by section 179 of title 10, United States
Code, and the meetings of the Standing and Safety
Committee of the Council, or such a successor
committee. Each such official shall attend such
meetings as advisors on matters within the authority
and expertise of the official.
(2) Officials described.--The officials described
in this paragraph are each of the following officials
(or the designees of the officials):
(A) The Director of Cost Assessment and
Program Evaluation of the Department of
Defense.
(B) The Director of the Office of
Management and Budget of the National Nuclear
Security Administration.
(C) The Director for Cost Estimating and
Program Evaluation of the National Nuclear
Security Administration.
(D) The Director of the Office of
Management and Budget.
(b) Exception.--On a case-by-case basis, the Chairman of
the Nuclear Weapons Council, without delegation, may exclude
the attendance of an official at a meeting pursuant to
subsection (a) because of specific requirements relating to
classified information or other exigent circumstances as
determined by the Chairman.
SEC. 1665. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION OF THE
NUCLEAR WEAPONS ENTERPRISE.
(a) Extension.--Subsection (a) of section 1043 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81; 125 Stat. 1576), as most recently amended by
section 1670 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2157), is further amended in paragraph (1) by striking
``2023'' and inserting ``2024''.
(b) Acquisition Costs.--Subsection (b)(1) of such section
is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting the following: ``, including an estimate of
the acquisition costs during such period for programs
relating to such life extension, modernization, or
replacement;'';
(2) in subparagraph (C), by striking the end period
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) an estimate of the relative
percentage of total acquisition costs of the
military departments and of the Department of
Defense during such period represented by the
acquisition costs estimated under subparagraph
(B).''.
(c) Transfer of Provision.--
(1) Codification.--Such section 1043, as amended by
subsections (a) and (b), is--
(A) transferred to chapter 24 of title 10,
United States Code;
(B) inserted after section 492;
(C) redesignated as section 492a; and
(D) amended--
(i) in the enumerator, by striking
``sec.'' and inserting ``Sec. ''; and
(ii) in the section heading--
(I) by striking the period
at the end; and
(II) by conforming the
typeface and typestyle,
including capitalization, to
the typeface and typestyle as
used in the section heading of
section 491 of such title.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 24 of title 10, United States
Code, is amended by inserting after the item relating
to section 492 the following new item:
``492a. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery systems, and
nuclear weapons command and control system.''.
SEC. 1666. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT BIENNIAL
ASSESSMENTS OF DELIVERY PLATFORMS FOR NUCLEAR
WEAPONS AND NUCLEAR COMMAND AND CONTROL SYSTEM.
Section 492(d) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(4) the Commander of the United States Air Forces
in Europe.''.
SEC. 1667. EXTENSION OF ANNUAL BRIEFING ON COSTS OF FORWARD-DEPLOYING
NUCLEAR WEAPONS IN EUROPE.
Section 1656(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is
amended by striking ``2021'' and inserting ``2024''.
SEC. 1668. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-RANGE
STANDOFF WEAPON.
Subsection (a) of section 217 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 127
Stat. 706), as amended by section 1662 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2152), is amended to read as follows:
``(a) Long-range Standoff Weapon.--The Secretary of the Air
Force shall develop a follow-on air-launched cruise missile to
the AGM-86 that--
``(1) achieves initial operating capability for
nuclear missions prior to the retirement of the
nuclear-armed AGM-86; and
``(2) is capable of internal carriage and
employment for nuclear missions on the next-generation
long-range strike bomber.''.
SEC. 1669. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-LAUNCHED
CRUISE MISSILE.
Not later than 90 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for Nuclear
Security, shall provide to the Committees on Armed Services of
the Senate and the House of Representatives a briefing on
potential opportunities--
(1) to increase commonality between the long-range
standoff weapon and the sea-launched cruise missile;
and
(2) to leverage, in the development of the sea-
launched cruise missile, technologies developed, or
under development as of the date of the briefing, as
part of the long-range standoff weapon program.
SEC. 1670. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE
VARIANT OF GROUND-BASED STRATEGIC DETERRENT
MISSILE.
Section 1664 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2615), as most
recently amended by section 1666 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2155), is further amended by striking ``for any
of fiscal years 2017 through 2020'' and inserting ``for any of
fiscal years 2017 through 2024''.
SEC. 1671. REPORTS ON DEVELOPMENT OF GROUND-BASED STRATEGIC DETERRENT
WEAPON.
(a) Annual Report Required.--Not later than February 15,
2020, and annually thereafter until the date on which the
ground-based strategic deterrent weapon receives Milestone C
approval (as defined in section 2366 of title 10, United States
Code), the Secretary of the Air Force, in coordination with the
Administrator for Nuclear Security and the Chairman of the
Nuclear Weapons Council established by section 179 of title 10,
United States Code, shall submit to the congressional defense
committees a report describing the joint development of the
ground-based strategic deterrent weapon, including the missile
developed by the Air Force and the W87-1 warhead modification
program conducted by the National Nuclear Security
Administration.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the date on which the ground-
based strategic deterrent weapon will reach initial
operating capability.
(2) A description of any development milestones for
the missile developed by the Air Force or the warhead
developed by the National Nuclear Security
Administration that depend on corresponding progress at
the other agency.
(3) A description of coordination efforts between
the Air Force and the National Nuclear Security
Administration during the year preceding submission of
the report.
(4) A description of any schedule delays projected
by the Air Force or the National Nuclear Security
Administration, including delays related to
infrastructure capacity and subcomponent production,
associated costs, and the anticipated effect such
delays would have on the schedule of work of the other
agency.
(5) Plans to mitigate the effects of any delays
described in paragraph (4).
(c) Additional Report.--If the Air Force receives only one
bid for the engineering and manufacturing development phase of
the ground-based strategic deterrent program, the Secretary
shall, not later than 60 days after awarding a contract for
that phase, submit to the congressional defense committees a
report assessing the risks and costs resulting from receiving
only one bid for that phase and plans to mitigate such risks
and costs.
(d) Form.--Each report required by subsection (a) or (c)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1672. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense may be obligated
or expended for the following, and the Department may not
otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the
responsiveness or alert level of the intercontinental
ballistic missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of
deployed intercontinental ballistic missiles of the
United States to a number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of
intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability
of intercontinental ballistic missiles.
SEC. 1673. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF NUCLEAR
WEAPONS.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and
development center to conduct a study on the United States
adopting a policy to not use nuclear weapons first.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An assessment of the benefits and risks of
adopting a policy to not use nuclear weapons first to
reduce the risk of miscalculation in a crisis.
(2) An assessment of the views of the allies of the
United States with respect to the United States
adopting such a policy, including whether, and if so
how, any concerns regarding such a policy could be
mitigated, including the value of engaging such allies
to offer credible extended deterrence assurances.
(3) An assessment of which foreign countries have
stated or adopted such a policy, including the
credibility of any such policies and how they affect
planning and operations.
(4) An assessment of how adversaries of the United
States might view a declaration of such a policy.
(5) An assessment of the benefits and risks of such
a policy with respect to nuclear nonproliferation.
(6) An assessment of changes in force posture and
force requirements, if any, and costs or savings, that
such a policy would require or allow.
(7) Any other matters the Secretary determines
appropriate.
(c) Submission to DOD.--Not later than 240 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
the study under subsection (a).
(d) Submission to Congress.--
(1) Interim briefing.--Not later than 120 days
after the date of the enactment of this Act, the
Secretary shall provide to the appropriate
congressional committees an interim briefing on the
study under subsection (a).
(2) Study.--Not later than 270 days after the date
of the enactment of this Act, the Secretary shall
submit to the appropriate congressional committees the
study under subsection (a), without change.
(e) Form.--The study under subsection (a) shall be
submitted under subsections (c) and (d)(2) in unclassified
form, but may include a classified annex.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 1674. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM AND NUCLEAR
WAR.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall enter
into an agreement with the National Academy of Sciences to
conduct a study on--
(1) whether a risk assessment framework is
applicable to determining the potential risks of
nuclear terrorism and nuclear war; and
(2) the implications for national security of
assumptions in nuclear policy and doctrine.
(b) Matters Included.--The study under subsection (a)
shall--
(1) identify risks described in paragraph (1) of
that subsection;
(2) assess prior literature on such risks;
(3) assess the role that quantitative and
nonquantitative analytical methods can play in
assessing such risks, including the limitations of such
analysis;
(4) identify and examine the assumptions about
nuclear risks that underlie the national security
strategy of the United States; and
(5) describe the consequences of the methods and
assumptions that have been, are, or could be used in
developing the nuclear security strategy of the United
States.
(c) Recommendations.--Based on findings under subsection
(b), the study may provide recommendations with respect to
improving the use of a risk assessment framework described in
subsection (a)(1).
(d) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(e) Form.--The study shall be submitted in unclassified
form, but may include a classified annex.
SEC. 1675. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE RISKS OF
MISCALCULATION LEADING TO NUCLEAR WAR.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report containing the following:
(1) A description of--
(A) current discussions between the United
States Armed Forces and military counterparts
from governments of foreign countries to reduce
the risks of miscalculation, unintended
consequences, or accidents that could
precipitate the use of one or more nuclear
weapons; and
(B) bilateral and multilateral agreements
to which the United States is a party that
provide for or facilitate military-to-military
dialogue to address such risks.
(2) An assessment of the extent to which, if any,
that military-to-military dialogue to reduce such risks
is consistent with or supportive of other efforts
conducted between the United States Government and
foreign governments, or between nongovernmental
organizations and foreign counterparts, to reduce such
risks.
(3) An assessment conducted jointly by the
Secretary of Defense and the Chairman of the Joint
Chiefs of Staff, and in consultation with the Director
of National Intelligence--
(A) on the risks and benefits of
establishing, in addition to the discussions
described in paragraph (1)(A), military-to-
military discussions with the Russian
Federation, Iran, the People's Republic of
China, and North Korea to address the risks
described in that paragraph, including with
respect to policy, cost, and operational
matters; and
(B) of the willingness of the governments
of those countries to engage in such
discussions.
SEC. 1676. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND NEAR-PEER
COUNTRIES.
(a) Report.--Not later than February 15, 2020, the
Secretary of Defense, in coordination with the Director of
National Intelligence, shall submit to the appropriate
committees of Congress a report on the nuclear forces of the
United States and near-peer countries.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the current and planned
nuclear systems of the United States, including with
respect to research and development timelines,
deployment timelines, and force size.
(2) An assessment of the current and planned
nuclear systems of the People's Republic of China,
including with respect to research and development
timelines, deployment timelines, and force size.
(3) An assessment of the current and planned
nuclear systems of the Russian Federation, including
with respect to research and development timelines,
deployment timelines, and force size, including--
(A) deployed nuclear weapons not covered by
the New START Treaty;
(B) nuclear weapons in development that
would not be covered by the New START Treaty;
and
(C) strategic nuclear weapons that are not
deployed.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate;
and
(B) the Committee on Armed Services and the
Permanent Select Committee on Intelligence of
the House of Representatives.
(2) New start treaty.--The term ``New START
Treaty'' means the Treaty between the United States of
America and the Russian Federation on Measures for the
Further Reduction and Limitation of Strategic Offensive
Arms, signed at Prague April 8, 2010, and entered into
force February 5, 2011.
SEC. 1677. REPORT ON OPERATION OF CONVENTIONAL FORCES OF MILITARY
DEPARTMENTS UNDER EMPLOYMENT OR THREAT OF
EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Air Force, the Secretary
of the Army, and the Secretary of the Navy, shall submit to the
congressional defense committees a report detailing the views
of each such Secretary on the ability of conventional forces
under the authority of that Secretary to operate effectively
under employment or threat of employment of nuclear weapons by
the United States, an ally of the United States, or an
adversary of the United States, including with respect to--
(1) measures taken to maximize the likelihood that
such forces could continue to operate;
(2) risks or gaps in the capabilities of such
forces that would result from the employment or threat
of employment of nuclear weapons; and
(3) how the capabilities and limitations of such
forces would impact decisions to continue or terminate
operations.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be accompanied
by an unclassified summary appropriate for release to the
public.
SEC. 1678. REPORT ON OPERATION OF CONVENTIONAL FORCES OF CERTAIN
COMBATANT COMMANDS UNDER EMPLOYMENT OR THREAT OF
EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Chairman of the Joint Chiefs of
Staff, in coordination with the Commander of the United States
European Command, the Commander of the United States Indo-
Pacific Command, and the Commander of the United States
Strategic Command, shall submit to the congressional defense
committees a report detailing the views of the Chairman and
each such Commander on the ability of conventional forces under
the authority of that Commander to execute contingency plans
under employment or threat of employment of nuclear weapons by
the United States, an ally of the United States, or an
adversary of the United States, including with respect to--
(1) measures taken to maximize the likelihood that
such forces could continue to operate;
(2) risks or gaps in the capabilities of such
forces that would result from the employment or threat
of employment of nuclear weapons; and
(3) how the capabilities and limitations of such
forces would impact decisions to continue or terminate
operations.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be accompanied
by an unclassified summary appropriate for release to the
public.
SEC. 1679. BRIEFINGS ON PLAN FOR FUTURE-SYSTEMS-LEVEL ARCHITECTURE OF
NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEMS.
(a) In General.--Not later than February 15, 2020, and
every 180 days thereafter through fiscal year 2025, the
Commander of the United States Strategic Command, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, shall provide to the congressional
defense committees a briefing on the plan of the Department of
Defense for the future-systems-level architecture of the
nuclear command, control, and communications systems.
(b) Elements.--Each briefing required by subsection (a)
shall address the following:
(1) Near- and long-term plans and options
considered as of the date of the briefing in
determining the future-systems-level architecture of
the nuclear command, control, and communications
systems, including options to maximize resilience of
such systems.
(2) Requirements, including with respect to
cybersecurity, survivability, and reliability,
including levels of redundancy.
(3) The risks and benefits of replicating the
legacy architecture for such systems.
(4) The risks and benefits of using different
architectures for such systems, including using hosted
payloads in space payloads.
(5) Security considerations for such systems,
including classification and requirements and plans to
ensure supply chain security.
(6) Classification options and decisions with
respect to such architecture and systems to deter
attacks on such systems.
(7) Timelines and general cost estimates for long-
term investments in such systems, to the extent
possible at the time of the briefing.
(8) Risks and benefits of pursuing agreements with
adversaries of the United States, including potential
agreements not to target nuclear command, control, and
communications systems through kinetic, nonkinetic, or
cyber attacks.
(9) Required levels of civilian and military
staffing within the United States Strategic Command,
the Office of the Secretary of Defense, and any other
relevant component of the Department of Defense to
evaluate or execute such architecture, and an estimate
of when such levels of staffing will be achieved.
(10) Any other matters the Secretary considers
appropriate.
SEC. 1680. SENSE OF CONGRESS ON NUCLEAR DETERRENCE COMMITMENTS OF THE
UNITED STATES.
It is the sense of Congress that--
(1) credible extended deterrence commitments make
key contributions to the security of the United States,
international stability, and the nonproliferation
objectives of the United States;
(2) the nuclear forces of the United States, as
well as the independent nuclear forces of other members
of the North Atlantic Treaty Organization (in this
section referred to as ``NATO''), continue to play a
critical role in the security of the NATO alliance;
(3) United States forward-deployed nuclear weapons
and dual-capable aircraft in Europe contribute to the
assurance of allies of the United States of the
commitment of the United States to their security and
to the deterrence and defense posture of NATO; and
(4) nuclear-certified F-35A aircraft will provide
the most advanced nuclear fighter capability in the
current and future anti-access area denial
environments.
Subtitle E--Missile Defense Programs
SEC. 1681. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--Subsection (a) of section 1681 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 10 U.S.C. 2431 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to
the annual authorization of appropriations and the
annual appropriation of funds for National Missile
Defense--
``(A) an effective, layered missile defense
system capable of defending the territory of
the United States against the developing and
increasingly complex missile threat posed by
rogue states; and
``(B) an effective regional missile defense
system capable of defending the allies,
partners, and deployed forces of the United
States against increasingly complex missile
threats; and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer
intercontinental missile threats to the homeland of the
United States.''.
(b) Redesignation Requirement.--Not later than the date on
which the President submits to Congress the annual budget
request of the President for fiscal year 2021 pursuant to
section 1105 of title 31, United States Code, the Secretary of
Defense shall, as the Secretary considers appropriate,
redesignate all strategies, policies, programs, and systems
under the jurisdiction of the Secretary to reflect that missile
defense programs of the United States defend against ballistic,
cruise, and hypersonic missiles in all phases of flight.
SEC. 1682. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE INTERCEPT
LAYER.
Section 1688 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection
(c).
SEC. 1683. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Development.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2431 note) is amended--
(1) by redesignating subsections (d), (e), (f),
(g), and (h), as subsections (e), (f), (g), (h), and
(j), respectively; and
(2) by inserting after subsection (c) the following
new subsection (d):
``(d) Hypersonic and Ballistic Missile Tracking Space
Sensor Payload.--
``(1) Development.--The Director of the Missile
Defense Agency, in coordination with the Director of
the Space Development Agency and the Secretary of the
Air Force, as appropriate, shall--
``(A) develop a hypersonic and ballistic
missile tracking space sensor payload; and
``(B) include such payload as a component
of the sensor architecture developed under
subsection (a).
``(2) Assignment of primary responsibility.--Not
later than 30 days after the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2020, the Secretary of Defense shall--
``(A) assign the Director of the Missile
Defense Agency with the principal
responsibility for the development and
deployment of a hypersonic and ballistic
tracking space sensor payload; and
``(B) submit to the congressional defense
committees a certification of such
assignment.''.
(b) Updated Plan.--Such section is further amended by
inserting after subsection (h), as redesignated by subsection
(a), the following new subsection:
``(i) Updated Plan.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act for
Fiscal Year 2020, the Secretary of Defense shall submit to the
appropriate congressional committees an update to the plan
under subsection (h), including with respect to the following:
``(1) How the Director of the Missile Defense
Agency, the Director of the Defense Advanced Research
Projects Agency, the Secretary of the Air Force, and
the Director of the Space Development Agency, will each
participate in the development of the sensor
architecture under subsection (a) and the inclusion of
the hypersonic and ballistic missile tracking space
sensor payload as a component of such architecture
pursuant to subsection (d), with respect to both
prototype and operational capabilities, including how
each such official will work together to avoid
duplication of efforts.
``(2) How such payload will address the requirement
of the United States Strategic Command for a hypersonic
and ballistic missile tracking space sensing
capability.
``(3) The estimated costs (in accordance with
subsection (e)) to develop, acquire, and deploy, and
the lifecycle costs to operate and sustain, the payload
under subsection (d) and include such payload in the
sensor architecture developed under subsection (a).''.
(c) Conforming Amendment.--Subsection (h)(1) of such
section, as redesignated by subsection (a), is amended by
striking ``with subsection (d)'' and inserting ``with
subsection (e)''.
SEC. 1684. MODIFICATIONS TO REQUIRED TESTING BY MISSILE DEFENSE AGENCY
OF GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF
BALLISTIC MISSILE DEFENSE SYSTEM.
Section 1689(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631; 10
U.S.C. 2431 note) is amended--
(1) in the matter preceding paragraph (1), by
striking ``, when possible,''; and
(2) in paragraph (3), by inserting ``, including
the use of threat-representative countermeasures''
before the period.
SEC. 1685. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT
AND CO-PRODUCTION.
(a) Iron Dome Short-Range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized
to be appropriated by this Act for fiscal year 2020 for
procurement, Defense-wide, and available for the
Missile Defense Agency, not more than $95,000,000 may
be provided to the Government of Israel to procure
components for the Iron Dome short-range rocket defense
system through co-production of such components in the
United States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in
paragraph (1) for the Iron Dome short-range
rocket defense program shall be available
subject to the terms and conditions in the
Agreement Between the Department of Defense of
the United States of America and the Ministry
of Defense of the State of Israel Concerning
Iron Dome Defense System Procurement, signed on
March 5, 2014, as amended to include co-
production for Tamir interceptors.
(B) Certification.--Not later than 30 days
prior to the initial obligation of funds
described in paragraph (1), the Director of the
Missile Defense Agency and the Under Secretary
of Defense for Acquisition and Sustainment
shall jointly submit to the appropriate
congressional committees--
(i) a certification that the
amended bilateral international
agreement specified in subparagraph (A)
is being implemented as provided in
such agreement; and
(ii) an assessment detailing any
risks relating to the implementation of
such agreement.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the
funds authorized to be appropriated for fiscal year
2020 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $50,000,000
may be provided to the Government of Israel to procure
the David's Sling Weapon System, including for co-
production of parts and components in the United States
by United States industry.
(2) Agreement.--Provision of funds specified in
paragraph (1) shall be subject to the terms and
conditions in the bilateral co-production agreement,
including--
(A) a one-for-one cash match is made by
Israel or in another matching amount that
otherwise meets best efforts (as mutually
agreed to by the United States and Israel); and
(B) co-production of parts, components, and
all-up rounds (if appropriate) in the United
States by United States industry for the
David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under
Secretary of Defense for Acquisition and Sustainment
shall submit to the appropriate congressional
committees--
(A) a certification that the Government of
Israel has demonstrated the successful
completion of the knowledge points, technical
milestones, and production readiness reviews
required by the research, development, and
technology agreement and the bilateral co-
production agreement for the David's Sling
Weapon System; and
(B) an assessment detailing any risks
relating to the implementation of such
agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-Production.--
(1) In general.--Subject to paragraph (2), of the
funds authorized to be appropriated for fiscal year
2020 for procurement, Defense-wide, and available for
the Missile Defense Agency not more than $55,000,000
may be provided to the Government of Israel for the
Arrow 3 Upper Tier Interceptor Program, including for
co-production of parts and components in the United
States by United States industry.
(2) Certification.--The Under Secretary of Defense
for Acquisition and Sustainment shall submit to the
appropriate congressional committees a certification
that--
(A) the Government of Israel has
demonstrated the successful completion of the
knowledge points, technical milestones, and
production readiness reviews required by the
research, development, and technology agreement
for the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will
be provided on the basis of a one-for-one cash
match made by Israel or in another matching
amount that otherwise meets best efforts (as
mutually agreed to by the United States and
Israel);
(C) the United States has entered into a
bilateral international agreement with Israel
that establishes, with respect to the use of
such funds--
(i) in accordance with subparagraph
(D), the terms of co-production of
parts and components on the basis of
the greatest practicable co-production
of parts, components, and all-up rounds
(if appropriate) by United States
industry and minimizes nonrecurring
engineering and facilitization expenses
to the costs needed for co-production;
(ii) complete transparency on the
requirement of Israel for the number of
interceptors and batteries that will be
procured, including with respect to the
procurement plans, acquisition
strategy, and funding profiles of
Israel;
(iii) technical milestones for co-
production of parts and components and
procurement;
(iv) a joint affordability working
group to consider cost reduction
initiatives; and
(v) joint approval processes for
third-party sales; and
(D) the level of co-production described in
subparagraph (C)(i) for the Arrow 3 Upper Tier
Interceptor Program is not less than 50
percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's
Sling Weapon System and the Arrow 3 Upper Tier
Interceptor Program; or
(2) separate certifications for each respective
system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification under
subsection (c)(2) by not later than 30 days before the funds
specified in paragraph (1) of subsections (b) and (c) for the
respective system covered by the certification are provided to
the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1686. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR AND
MISSILE DEFENSE SENSOR.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Army for the lower tier air and missile defense sensor,
not more than 75 percent may be obligated or expended until the
Secretary of the Army submits the report under subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report on the test and
demonstration of lower tier air and missile defense sensors
that occurred during the third quarter of fiscal year 2019.
Such report shall include the following:
(1) An explanation of how the test and
demonstration was conducted and what the test and
demonstration set out to achieve, including--
(A) an explanation of the performance
specifications used; and
(B) a description of the emulated threats
used in the test and demonstration and how such
threats compare to emerging regional air and
missile threats.
(2) An explanation of the capability of the sensor
system that the Secretary determined to be the winner
of the test and demonstration, including with respect
to--
(A) the capability of such sensor system
against key threats and requirements, including
whether such sensor system will be delivered
with full 360-degree coverage and the ability
of such sensor system to detect, track, and
surveil targets;
(B) the estimated procurement and life-
cycle costs of operating such sensor system;
and
(C) the cost, timeline, and approach that
will be used to integrate the lower tier air
and missile defense sensor with other sensors
using the Integrated Air and Missile Defense
Battle Command System.
(3) An explanation of whether future performance
improvements to the lower tier air and missile defense
sensor are conditional on intellectual property and how
such improvements will be made if the United States
does not own such intellectual property.
SEC. 1687. PLAN FOR THE REDESIGNED KILL VEHICLE REPLACEMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision by the Department of Defense to
terminate the redesigned kill vehicle contract on
August 22, 2019, due to technological problems
encountered during development will result in a delay
to the fielding of an additional 20 ground-based
interceptors at Fort Greely, Alaska, which had been
planned to be emplaced by the end of calendar year
2023;
(2) to ensure that the future next-generation
improved homeland defense interceptor program will
deliver the required capability, have rigorous
technical and acquisition oversight, and maintain
schedule milestones, thereby mitigating the risk of
similar issues as experienced with the redesigned kill
vehicle, the acquisition strategy for such program
should be reviewed and jointly approved by both the
Under Secretary of Defense for Research and Engineering
and the Under Secretary of Defense for Acquisition and
Sustainment, with input by stakeholders across the
Department of Defense prior to proceeding with
development efforts and awarding a contract; and
(3) the Department, including the Missile Defense
Agency, should uphold ``fly before you buy'' principles
in such new acquisition strategy to ensure the overall
system and components have been rigorously flight-
tested prior to making procurement decisions.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Missile Defense Agency for the next-generation improved
homeland defense interceptor, not more than 50 percent may be
obligated or expended until the date on which the Secretary of
Defense submits the report under subsection (c).
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the next-
generation improved homeland defense interceptor program to
replace the redesigned kill vehicle. The report shall include
the following:
(1) Updated threat assessments by the intelligence
community informing system threshold and objective
requirements.
(2) Updated requirements to address current and
emerging threats.
(3) Technical, programmatic, and cost analyses
conducted on courses of action and alternatives to meet
capability requirements, including--
(A) an independent cost estimate for each
course of action considered; and
(B) an evaluation of the technical
readiness level of the overall system and the
components for each course of action
considered.
(4) Options considered to address reliability
efforts of the current fleet, understanding known
deficiencies, and the impact of not addressing such
efforts and deficiencies until the delivery of the
next-generation improved homeland defense interceptors.
(5) An obsolescence, refurbishment, and sustainment
plan for all ground-based interceptor silos, including
any impacts to the construction, delivery, and
sustainment of missile field 4 located at Fort Greely,
Alaska, taking into account the delay to emplacing
additional interceptors.
(6) Possible opportunities as a result of the
impacts described in paragraph (4) for improvements to
missile fields located at Fort Greely other than
missile field 4, including additional infrastructure or
components required, and estimated schedules and costs
for such opportunities.
(7) A determination of the appropriate fleet mix of
ground-based interceptor kill vehicles and boosters to
maximize overall system effectiveness and increase
capacity and capability, including the costs and
benefits of continued inclusion of capability
enhancement II block 1 interceptors after the fielding
of the next-generation improved homeland defense
interceptor.
SEC. 1688. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE MISSILE
DEFENSE AGENCY.
(a) Independent Study.--
(1) Assessment.--In accordance with paragraph (2),
the Secretary of Defense shall seek to enter into a
contract with a federally funded research and
development center to conduct a study assessing--
(A) the organization of the Missile Defense
Agency under the Under Secretary of Defense for
Research and Engineering pursuant to section
205(b) of title 10, United States Code;
(B) alternative ways to organize the Agency
under other officials of the Department of
Defense, including the Under Secretary for
Acquisition and Sustainment and any other
official of the Department the federally funded
research and development center determines
appropriate; and
(C) transitioning the Agency to the
standard acquisition process pursuant to
Department of Defense Instruction 5000,
including both the risks and benefits of making
such a transition.
(2) Scope of study.--Before entering into the
contract with a federally funded research and
development center to conduct the study under paragraph
(1), the Secretary shall provide to the congressional
defense committees an update on the scope of such
study.
(3) Submission to dod.--Not later than 180 days
after the date of the enactment of this Act, the
federally funded research and development center shall
submit to the Secretary the study conducted under
paragraph (1).
(4) Submission to congress.--Not later than 30 days
after the date on which the federally funded research
and development center submits to the Secretary the
study under paragraph (1), the Secretary shall submit
to the congressional defense committees the study,
without change.
(b) Notification on Changes to Non-standard Acquisition
Processes and Responsibilities.--
(1) Requirements.--The Secretary may not make any
changes to the missile defense non-standard acquisition
processes and responsibilities described in paragraph
(2) until the Secretary, without delegation--
(A) has consulted with the Under Secretary
of Defense for Research and Engineering, the
Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for
Policy, the secretaries of the military
departments, the Chairman of the Joint Chiefs
of Staff, the Commander of United States
Strategic Command, the Commander of United
States Northern Command, and the Director of
the Missile Defense Agency;
(B) certifies to the congressional defense
committees that the Secretary has coordinated
the changes with and received the views of the
individuals referred to in subparagraph (A);
(C) submits to the congressional defense
committees a report describing the changes, the
rationale for the changes, and the views of the
individuals referred to in subparagraph (A)
with respect to such changes; and
(D) a period of 120 days has elapsed
following the date on which the Secretary
submits such report.
(2) Non-standard acquisition processes and
responsibilities described.--The non-standard
acquisition processes and responsibilities described in
this paragraph are such processes and responsibilities
described in--
(A) the memorandum of the Secretary of
Defense titled ``Missile Defense Program
Direction'' signed on January 2, 2002;
(B) Department of Defense Directive
5134.09, as in effect on the date of the
enactment of this Act; and
(C) United States Strategic Command
Instruction 583-3.
(c) Limitation on Certain Transfers of Billets.--During
fiscal year 2020, the Secretary of Defense may not transfer
civilian or military billets from the Missile Defense Agency to
any element of the Department under the Under Secretary of
Defense for Research and Engineering until, for each such
transfer--
(1) the Secretary notifies the congressional
defense committees of such proposed transfer; and
(2) a period of 90 days has elapsed following the
date of such notification.
SEC. 1689. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Annual Assessment.--As part of the annual report of the
Director of Operational Test and Evaluation submitted to
Congress under section 139 of title 10, United States Code, the
Director shall include an assessment of the ballistic missile
defense system and all of the elements of the system that have
been fielded or are planned, as of the date of the assessment,
including--
(1) the operational effectiveness, suitability, and
survivability of the ballistic missile defense system
and the elements of the system that have been fielded
or tested; and
(2) the adequacy and sufficiency of the test
program of such system as of the date of the
assessment, including with respect to the operational
realism of the tests.
(b) Form.--Each assessment under subsection (a) may be
submitted in unclassified form, and may include a classified
annex.
SEC. 1690. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND COMMUNICATIONS
PROGRAM.
(a) Limitation on Sale.--The Director of the Missile
Defense Agency may not release the command and control, battle
management, and communications program for export until the
date on which the Director submits the report under subsection
(b).
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing the
following:
(1) An explanation of the rationale of the Director
for considering to export the command and control,
battle management, and communications program (or any
variants thereof) in light of the critical role of the
program in the strategic national defense of the United
States and the allies of the United States against
ballistic missile attack.
(2) The findings of the market research and
analysis conducted by the Director regarding exportable
command and control solutions for ballistic missile
defense, including such solutions that are
internationally available.
SEC. 1691. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS UNITED
STATES.
(a) Report.--Not later than January 31, 2020, the Secretary
of Defense shall submit to the congressional defense committees
a report on the designation made on June 26, 2019, of a
preferred potential future missile field site in the contiguous
United States from the sites evaluated pursuant to section 227
of the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1678). The report shall address
the following:
(1) The environmental impact statement prepared
pursuant to such section 227.
(2) The strategic and operational effectiveness of
the site, including with respect to the location that
is the most advantageous site in providing coverage to
the entire contiguous United States, including having
the capability to provide shoot-assess-shoot coverage
to the entire contiguous United States.
(3) Construction remediation efforts and impacts to
the existing environment at the site.
(4) The existing infrastructure at the site.
(5) The costs to construct, equip, and operate the
site.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) as requiring the Secretary of Defense to begin
a military construction project relating to the missile
defense site in the contiguous United States; or
(2) as a statement that there is any current
military requirement for such a site.
(d) Conforming Repeal.--Section 1681 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1776) is repealed.
SEC. 1692. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE DEVELOPMENT
AND DEPLOYMENT.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study on the impacts of the
development and deployment of homeland missile defenses of the
United States on the security of the United States as a whole.
(b) Matters Included.--The study under subsection (a)
shall--
(1) consider whether security benefits obtained by
the deployment of homeland missile defenses of the
United States are undermined or counterbalanced by
adverse reactions of potential adversaries, including
both rogue states and near-peer adversaries; and
(2) consider the effectiveness of the homeland
missile defense efforts of the United States to deter
the development of ballistic missiles, in particular by
both rogue states and near-peer adversaries.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(d) Form.--The study shall be submitted under subsection
(c) in unclassified form, but may include a classified annex.
SEC. 1693. REPORT AND BRIEFING ON MULTI-VOLUME KILL CAPABILITY.
Not later than 120 days after the date of the enactment of
this Act, the Under Secretary of Defense for Research and
Engineering, in coordination with the Director of the Missile
Defense Agency, the Under Secretary of Defense for Acquisition
and Sustainment, and the Director of Cost Assessment and
Program Evaluation, shall submit to the congressional defense
committees a report, and shall provide to such committees a
briefing, on an assessment of potential roles for a multi-
volume kill capability in a future architecture of the
ballistic missile defense system. Such report and briefing
shall include the following:
(1) An assessment of the current technology
readiness level of necessary components and the
technology readiness levels needed for an operational
system.
(2) An assessment of the costs and a comprehensive
development and testing schedule to deploy a multi-
volume kill capability.
(3) A concept of operations with respect to how a
multi-volume kill capability could be employed and how
such a capability compares to single-kill ground-based
midcourse defense system interceptors.
Subtitle F--Other Matters
SEC. 1694. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
(a) In General.--Subsection (i) of section 130i of title
10, United States Code, is amended by striking ``2020'' both
places it appears and inserting ``2023''.
(b) Technical Corrections.--Such section is amended--
(1) in subsection (i)(1), as amended by subsection
(a), by striking ``of subsection (j)(3)'' and inserting
``of subsection (j)(3)(C)''; and
(2) in subsection (j)(6), by striking ``in'' and
all that follows through the period at the end and
inserting ``in section 44801 of title 49''.
SEC. 1695. REPEAL OF REQUIREMENT FOR COMMISSION ON ELECTROMAGNETIC
PULSE ATTACKS AND SIMILAR EVENTS.
Section 1691 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1786) is
repealed.
SEC. 1696. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM PERCHLORATE
REPORT.
Section 1694 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1792) is amended
by striking subsection (d).
SEC. 1697. TRANSFERABILITY OF CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON
SYSTEM TECHNOLOGIES TO SURFACE-LAUNCHED PLATFORMS.
(a) Surface-launched Technologies.--The Secretary of the
Navy shall ensure that the technologies developed for the
conventional prompt global strike weapon system are
transferrable to a surface-launched platform.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report on the
programmatic changes required to integrate the conventional
prompt global strike weapon system into current or future
surface combatant ships.
SEC. 1698. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN OFFENSIVE
GROUND-LAUNCHED BALLISTIC OR CRUISE MISSILE
SYSTEMS.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2020 for the Department of Defense may be obligated or
expended for the procurement or deployment of an offensive
ground-launched ballistic or cruise missile system with a range
between 500 and 5,500 kilometers.
(b) Report.--Not later than January 31, 2020, the Secretary
of Defense shall submit to the congressional defense committees
a report, and provide a briefing, that includes the following:
(1) An evaluation of the capabilities required to
execute contingency plans in the areas of
responsibility of the United States European Command
and the United States Indo-Pacific Command using
offensive ground-launched missile systems of ranges in
excess of 500 kilometers.
(2) An evaluation of what types of systems
(including the range and flight profile of such
systems), if any, could be used to meet the required
capabilities identified under paragraph (1).
(3) The results of an analysis of alternatives
conducted by the Chairman of the Joint Chiefs of Staff
and the Director of Cost Assessment and Program
Evaluation that considers--
(A) conventional missile systems, including
ground-, sea-, and air-launched missiles, that
could be deployed to meet the required
capabilities identified under paragraph (1);
(B) the cost, schedule, and feasibility of
tailored acquisition strategies for each such
system considered;
(C) simulations and games that were
performed to inform the analysis of
alternatives;
(D) benefits and risks of such different
types of systems, including operational
considerations in contested environments; and
(E) any other operational or programmatic
considerations determined relevant by the
Chairman or the Director.
(4) Options for basing any such missile system in,
or deploying any such missile system to, Europe or the
Indo-Pacific region, including any agreements required
for such options and potential timelines to implement
such options.
(5) A list of any governments of a foreign country
consulted about such possible deployments, and a
summary of the reaction of each such government.
(6) A discussion of whether deploying such missile
systems on the territory of a NATO ally would require a
consensus decision by NATO.
(c) Form.--The report under subsection (b) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 1699. HARD AND DEEPLY BURIED TARGETS.
(a) Briefing Required.--
(1) In general.--Not later than December 1, 2019,
the Chairman of the Joint Chiefs of Staff shall, in
consultation with the Commander of the United States
Strategic Command, provide to the congressional defense
committees a classified briefing on hard and deeply
buried targets.
(2) Elements.--The briefing required by paragraph
(1) shall include the following:
(A) An estimate of the total number of
high-value hard and deeply buried targets
associated with United States military
operations plans.
(B) A description of the contents,
functions, and hardening characteristics of the
targets described in subparagraph (A), as well
as their level of protection by anti-access and
area denial capabilities.
(C) An assessment of the current ability
of, and requirement, cost, and implications for
deterrence and strategic stability for, the
United States to hold such targets at risk
using existing conventional and nuclear
capabilities.
(D) An assessment of the potential ability
of, and requirement, cost, and implications for
deterrence and strategic stability for, the
United States to hold such targets at risk
using projected conventional and nuclear
capabilities as of 2030.
(b) Plan Required.--Not later than February 15, 2020, the
Secretary of Defense shall develop a plan detailing the
requirement, cost, and implications for deterrence and
strategic stability for the United States to possess by 2025
the capabilities to pose a credible threat against targets
described in the briefing required by subsection (a).
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
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.
Subtitle B--Other Matters
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.
Subtitle A--Studies and Reports
SEC. 1701. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON DEFENSE
MANPOWER.
(a) Conversion of Annual Requirements Report Into Annual
Profile Report.--Section 115a of title 10, United States Code,
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking the first two sentences and
inserting the following new sentence: ``Not
later than April 1 each year, the Secretary of
Defense shall submit to Congress a defense
manpower profile report.'';
(B) in paragraph (1), by adding ``and'' at
the end;
(C) in paragraph (2), by striking ``; and''
and inserting a period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking ``(1)''; and
(B) by striking paragraphs (2) and (3); and
(3) in subsection (c), by striking ``the
following:'' and all that follows and inserting ``the
manpower required for support and overhead functions
within the armed forces and the Department of
Defense.''.
(b) Conversion of Certain Current Report Elements Into
Separate, Modified Reports.--Such section is further amended--
(1) in subsection (d), by striking ``The Secretary
shall also include in each such report'' and inserting
``Not later than April 1 each year, the Secretary shall
submit to Congress a report that sets forth''; and
(2) in subsection (e)(1), by striking ``In each
such report, the Secretary shall also include'' and
inserting ``Not later than April 1 each year, the
Secretary shall submit to Congress a report that sets
forth'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1),
by striking ``The Secretary shall also include
in each such report'' and inserting ``Not later
than June 1 each year, the Secretary shall
submit to Congress a report that sets forth'';
and
(B) in paragraph (1), by striking ``and
estimates of such numbers for the current
fiscal year and subsequent fiscal years'';
(4) in subsection (g)--
(A) in the matter preceding paragraph (1),
by striking ``In each report submitted under
subsection (a), the Secretary shall also
include a detailed discussion'' and inserting
``Not later than September 1 each year, the
Secretary shall submit to Congress a report
that sets forth a detailed discussion, current
as of the preceding fiscal year,''; and
(B) by striking ``the year'' each place it
appears and inserting ``the fiscal year''; and
(5) in subsection (h), by striking ``In each such
report, the Secretary shall include a separate report''
and inserting ``Not later than April 1 each year, the
Secretary shall submit to Congress a report''.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section
is amended to read as follows:
``Sec. 115a. Annual defense manpower profile report and related
reports''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 3 of such title is amended by
striking the item relating to section 115a and
inserting the following new item:
``115a. Annual defense manpower profile report and related reports.''.
SEC. 1702. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO CONGRESS OF
CERTAIN RECURRING REPORTS.
(a) Termination.--Effective on December 30, 2021, each
report described in subsection (b) that is still required to be
submitted to Congress as of such effective date shall no longer
be required to be submitted to Congress.
(b) Covered Reports.--A report described in this subsection
is any of the following:
(1) The report required by section 1696(b) of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
(2) The report required by section 1071(b)(1) of
the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(3) The report required by section 1788a(d) of
title 10, United States Code, as added by section 555
of such Act.
(4) The report required under section 709(g) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note).
(5) The report required by section 1292(a)(2) of
such Act (22 U.S.C. 2751 note).
(6) The quarterly report required by section
1236(c) of such Act.
(7) The annual certification required by section
1666 of such Act (10 U.S.C. 2431 note).
(8) The updates required under paragraph (3) of
subsection (a) of section 1694 of such Act to the
report required under paragraph (1) of such subsection.
(9) The notifications required by section 1695 of
such Act.
(10) The report required under section 522(g) of
the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
(c) Conforming Repeal.--
(1) In general.--Section 1788a of title 10, United
States Code, is amended by striking subsection (d).
(2) Effective date.--The amendment made by
paragraph (1) shall take effect on December 30, 2021.
(d) Requirement for Preparation of Certain Reports to
Congress by Civilian Employees of the Federal Government and
Members of the Armed Forces.--
(1) Requirement.--Except as expressly otherwise
provided in the provision of law requiring such report,
any report submitted to Congress pursuant to a
provision of a national defense authorization Act that
is enacted on or after the date that is three years
after the date of the enactment of this Act shall be
written by civilian employees of the Federal
Government, members of the Armed Forces, or both, and
not by contractor employees of the Federal Government.
(2) Briefing.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Defense shall brief the Committees on Armed Services of
the Senate and the House of Representatives on the
actions to be taken to ensure compliance with the
requirement in paragraph (1), including on any
impediments to compliance with the requirement.
SEC. 1703. MODIFICATION OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN
CONNECTION WITH UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), as
amended by section 1062 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6)
as paragraphs (8) and (9), respectively; and
(B) by striking paragraphs (3) and (4) and
inserting the following new paragraphs:
``(3) A description of the process by which the
Department of Defense investigates allegations of
civilian casualties resulting from United States
military operations, including how the Department
incorporates information from interviews with
witnesses, civilian survivors of United States
operations, and public reports or other nongovernmental
sources.
``(4) A description of--
``(A) steps taken by the Department to
mitigate harm to civilians in conducting such
operations; and
``(B) in the case of harm caused by such an
operation to a civilian, any ex gratia payment
or other assistance provided to the civilian or
the family of the civilian.
``(5) A description of any allegations of civilian
casualties made by public or non-governmental sources
formally investigated by the Department of Defense.
``(6) A description of the general reasons for any
discrepancies between the assessments of the United
States and reporting from nongovernmental organizations
regarding non-combatant deaths resulting from strikes
and operations undertaken by the United States.
``(7) The definitions of `combatant' and `non-
combatant' used in the preparation of the report, which
shall be consistent with the laws of armed conflict.'';
and
(2) in subsection (e), by striking ``five years''
and inserting ``seven years''.
(b) Classification.--The Law Revision Counsel is directed
to place such section 1057 in a note following section 113 of
title 10, United States Code.
SEC. 1704. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE NATIONAL
BIODEFENSE STRATEGY.
Section 1086(d) of the National Defense Authorization Act
for Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6
U.S.C. 104(d)) is amended by striking ``March 1, 2019'' and
inserting ``March 1, 2025''.
SEC. 1705. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III OF THE DEFENSE
PRODUCTION ACT OF 1950.
(a) In General.--Section 711 of the Defense Production Act
of 1950 (50 U.S.C. 4561) is amended by adding at the end the
following: ``In addition to the appropriations authorized by
the previous sentence, there is authorized to be appropriated
$117,000,000 for each of fiscal years 2020 through 2024 to
carry out title III.''.
(b) Annual Briefing Required.--Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for five years, the Secretary of Defense, or the
designee of the Secretary, shall brief the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
on activities undertaken in the preceding year with respect to
title III of the Defense Production Act of 1950 (50 U.S.C. 4531
et seq.).
SEC. 1706. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-CASUALTY
DISASTER RESPONSE OPERATIONS IN THE ARCTIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense may be called upon to
support the Coast Guard and other agencies of the
Department of Homeland Security in responding to any
mass-casualty disaster response operations in the
Arctic;
(2) coordination between the Department of Defense
and the Coast Guard might be necessary for responding
to a mass-casualty event in the Arctic; and
(3) prior planning for Arctic mass-casualty
disaster response operations will bolster the response
of the Federal Government to a mass-casualty disaster
in the Arctic environment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of Homeland Security, submit to
the appropriate committees of Congress a report on the plan of
the Department of Defense for assisting mass-casualty disaster
response operations in the Arctic.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of the assets that could be made
available to support other agencies and departments of
the Federal Government for mass-casualty disaster
response operations in the Arctic.
(2) A description and assessment of the command,
control, and coordination relationships that would be
useful to integrate rescue forces for such operations
from multiple agencies and departments of the Federal
Government.
(3) A description and assessment of the
communications assets that could be made available in
support of other agencies and departments of the
Federal Government for communication and coordination
in such operations.
(4) A description of any cooperative arrangements
with Canada and other regional partners in providing
rescue assets and infrastructure in connection with
such operations.
(5) A description of available medical
infrastructure and assets that could be made available
in support of other agencies and departments of the
Federal Government for aeromedical evacuation in
connection with such operations.
(6) A description of available shelter locations
that could be made available in support of other
agencies and departments of the Federal Government for
use in connection with such operations, including the
number of people that can be sheltered per location.
(7) An assessment of logistical challenges that
evacuations from the Arctic in connection with such
operations entail, including potential rotary and
fixed-wing aircraft trans-load locations and onward
movement requirements.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
SEC. 1707. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE FROM
OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT THAT
ARE APPROVED BY THE DEPARTMENT OF DEFENSE.
(a) Requests Following Approval.--Not later than seven
calendar days after the Department of Defense approves a
Request for Assistance from the Department of Homeland Security
or the Department of Health and Human Services, the Secretary
of Defense shall electronically transmit to the Committees on
Armed Services of the Senate and the House of Representatives a
copy of such Request for Assistance.
(b) Official Responses to Approved Requests.--At the same
time the Secretary of Defense submits to the Secretary of
Homeland Security or the Secretary of Health and Human Services
an official response of the Department of Defense approving a
Request for Assistance from the Department of Homeland Security
or the Department of Health and Human Services, as applicable,
the Secretary of Defense shall electronically transmit to the
Committees on Armed Services of the Senate and the House of
Representatives a copy of such official response.
SEC. 1708. REPORT AND BRIEFING ON IMPLEMENTATION OF NATIONAL DEFENSE
STRATEGY.
(a) Report and Briefing.--In addition to the assessment
required under section 113(g)(1)(F) of title 10, United States
Code, by not later than April 30, 2020, the Secretary of
Defense shall submit to the congressional defense committees a
report, and provide an accompanying briefing, on the
implementation of the national defense strategy required under
section 113(g) of title 10, United States Code. Such report and
briefing shall include each of the following:
(1) An explanation of the joint operational
concepts to deter and, if necessary, to defeat
strategic competitors, including--
(A) an evaluation of the risks associated
with the employment of such joint operational
concepts;
(B) the ways of adapting innovative joint
operational concepts to strategically
significant scenarios;
(C) the ways that such joint operational
concepts address operational challenges to
achieve advantages against strategic
competitors in the nuclear, space, and cyber
domains; and
(D) the employment of the force in
peacetime to dissuade strategic competitors
from conducting malign activities below the
threshold of open warfare, including an
evaluation of the use of Dynamic Force
Employment and the Global Operating Model.
(2) The force posture changes and the United States
defense investments required to implement the national
defense strategy.
(3) Adjustments to research and development
projects and programs of record, including any
additions, deletions, or modifications intended to
align force management, including Joint Force
development and design, required to implement the
national defense strategy.
(4) An assessment of the personnel and
organizational changes required to implement the
national defense strategy.
(5) The resources and defense investments necessary
to support the operational concepts and their
implementation.
(b) Independent Studies.--
(1) Studies required.--
(A) In general.--The Secretary of Defense
shall provide for the performance of two
independent studies on the development of joint
operational concepts within the Department of
Defense in accordance with this subsection.
(B) Submittal to congress.--Not later than
October 1, 2020, the Secretary shall submit to
the congressional defense committees the
results of each study required under
subparagraph (A).
(C) Form.--Each study required under
subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex.
(2) Entities to perform studies.--The Secretary
shall provide for the studies under paragraph (1) to be
performed as follows:
(A) One study shall be performed by a
federally funded research and development
center.
(B) One study shall be performed by an
independent, non-governmental institute, which
is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and which is
exempt from taxation under section 501(a) of
such Code, and which has recognized credentials
and expertise in national security and military
affairs.
(3) Performance of studies.--
(A) Independent performance.--The Secretary
shall require the studies required under this
subsection to be conducted independently of one
another.
(B) Matters to be considered.--In
performing a study under this subsection, the
organization performing the study shall
consider the following matters:
(i) An assessment of the Department
of Defense Capstone Concept of Joint
Operations process to define, develop,
and improve joint operational concepts.
(ii) An evaluation of how the
Department is validating new joint
operational concepts through
experimentation and military exercises.
(iii) The effectiveness of joint
operational concepts to accomplish the
objective of deterring and defeating
strategic competitors, including an
evaluation of the risks associated with
each joint operational concept.
(iv) The ability of joint
operational concepts to promote or to
effectuate strategic objectives,
defense policies, and budgetary
priorities.
(v) Recommendations to alter or
improve joint operational concepts.
(vi) Such other matters as the
Secretary of Defense determines to be
appropriate.
SEC. 1709. ACTIONS TO INCREASE ANALYTIC SUPPORT.
(a) In General.--The Secretary of Defense shall direct the
Under Secretary of Defense for Policy, the Director of the
Joint Staff, and the Director of Cost Assessment and Program
Evaluation, in consultation with the Secretary of each of the
military services, to jointly develop and implement a plan to
strengthen the analytic capabilities, expertise, and processes
necessary to implement the national defense strategy, as
required under section 113(g) of title 10, United States Code.
(b) Elements.--The plan under subsection (a) shall
include--
(1) an assessment of the decision support
capability of the Department of Defense to support
decision-making, specifically the analytic expertise
available to inform senior leader decisions that link
national defense strategy objectives with approaches to
competing effectively across the full spectrum of
engagement against strategic competitors;
(2) an analytic approach to force structure
development, including an assessment of the major
elements, products, and milestones of the force
planning process of the Department;
(3) the conclusions and recommendations of the
Defense Planning and Analysis Community initiative;
(4) the progress of the Department in implementing
the recommendations of the Comptroller General of the
United States set forth in Government Accountability
Office Report (GAO-19-40C);
(5) the progress of the Under Secretary, the
Chairman of the Joint Chiefs of Staff, and the Director
of Cost Assessment and Program Evaluation in
implementing paragraph (5) of section 134(b) of title
10, United States Code, as added by section 902(b) of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232); and
(6) such other matters as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than March 1, 2020, the
Secretary of Defense shall provide to the congressional defense
committees a briefing on the plan under subsection (a).
SEC. 1710. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY INSPECTORS
GENERAL IN THE SEMIANNUAL REPORT.
Section 5(a)(19) of the Inspector General Act of 1978
(Public Law 95-452; 5 U.S.C. App.) is amended by inserting
``the name of the senior government official (as defined by the
department or agency) if already made public by the Office,
and'' after ``including''.
SEC. 1711. ANNUAL REPORT ON JOINT MILITARY INFORMATION SUPPORT
OPERATIONS WEB OPERATIONS CENTER.
(a) In General.--Not later than March 1 of 2020, and each
subsequent year until the termination date specified in
subsection (c), the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict and the Commander of
United States Special Operations Command shall jointly submit
to the congressional defense committees a report on the
activities of the Joint Military Information Support Operations
Web Operations Center (hereinafter referred to as the ``JMWC'')
during the most recently concluded fiscal year.
(b) Elements.--The report required by subsection (a) shall
include each of the following, for the fiscal year covered by
the report:
(1) Definitions of initial operating capability and
full operational capability as such terms relate to the
JMWC.
(2) A detailed description of all activities
conducted or planned to be conducted toward achieving
initial operating capability and full operational
capability of the JMWC.
(3) A list of all associated funding requested for
each program element for achieving initial operating
capability and full operational capability.
(4) A detailed description of validated doctrine,
organization, training, materiel, leadership and
education, personnel, facilities, and policy
requirements relating to establishment and operation of
the JMWC.
(5) A description of current JMWC capabilities,
including information technology infrastructure and
contractual arrangements.
(6) A list of all physical locations hosting JMWC
capabilities.
(7) The number of military, contractor, and
civilian personnel associated with the JMWC and any
affiliated agency, service, or other Department of
Defense entity.
(8) A description of the JMWC personnel
organizational structure.
(9) An identification of inherently governmental
functions relating to administration of the JMWC and
execution of Military Information Support Operations
(hereinafter referred to as ``MISO)'' programs enabled
by the JMWC.
(10) A detailed description of frameworks, metrics,
and capabilities to measure the effectiveness of MISO
programs enabled by the JMWC.
(11) A list of all associated funding requested by
program element from each of the geographic combatant
commanders for MISO programs enabled by the JMWC and a
description of such MISO activities.
(12) An assessment of the effectiveness of MISO
programs enabled by the JMWC.
(13) A description of efforts and activities
conducted to share best practices and leverage lessons
learned across the Department of Defense relating to
MISO programs enabled by the JMWC, as well as a
description of such best practices and lessons learned.
(14) An identification of liaisons and detailees to
the JMWC from agencies and elements of the Department
of Defense and other elements of the Federal
Government.
(15) Activities and efforts conducted to
synchronize and deconflict MISO programs within the
Department of Defense and with interagency and
international partners related to strategic
communications, as appropriate.
(16) Such other information as the Assistant
Secretary and the Commander determine appropriate.
(c) Termination.--The requirement to submit a report under
this section shall terminate on January 1, 2025.
SEC. 1712. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) In General.--The Commander of the United States
Transportation Command, in coordination with the Chairman of
the Joint Chiefs of Staff, the Secretaries of the military
departments, and the commanders of the combatant commands,
shall conduct a study of the end-to-end, full-spectrum mobility
requirements to fulfill the national defense strategy required
by section 113(g) of title 10, United States Code, for 2018.
Such study shall be completed not later than January 1, 2021.
(b) Elements of Study.--The study required under subsection
(a) shall include each of the following:
(1) An assessment of the ability of the programmed
airlift aircraft, tanker aircraft, sealift ships, and
key mobility enablers to meet the integrated mobility
requirements in expected strategic environments, as
defined by the guidance in such national defense
strategy.
(2) An identification, quantification, and
description of the associated risk-to-mission (as
defined by Chairman of the Joint Chiefs of Staff Manual
3105.01, Joint Risk Analysis) required to fulfill such
strategy, including--
(A) as assessment of risk-to-mission
associated with achieving strategic and
operational objectives using the programmed
airlift aircraft, tanker aircraft, sealift
ships, and key mobility enablers; and
(B) a description of the combinations of
airlift aircraft, tanker aircraft, sealift
ships, and key mobility enabler requirements
and capabilities that provide low, moderate,
significant, and high levels of risk-to-mission
to fulfill such strategy.
(3) An identification of any mobility capability
gaps, shortfalls, overlaps, or excesses, including--
(A) an assessment of associated risks with
respect to the ability to conduct operations;
and
(B) recommended mitigation strategies where
possible.
(4) The articulation of all key assumptions and
decisions made and excursions examined in conducting
the study with respect to--
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift
and commercial United States sealift
capabilities and resources, when applicable;
(D) aircraft usage rates, aircraft mission
availability rates, aircraft mission capability
rates, aircrew ratios, aircrew production, and
aircrew readiness rates;
(E) readiness, crewing, and activation
rates for sealift ships;
(F) prepositioning, forward stationing,
seabasing, engineering, and infrastructure;
(G) demand signals used to represent
missions described in the national defense
strategy for 2018, in competition and wartime;
(H) concurrency and global integration of
demand signals;
(I) integrated global presence and basing
strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and
disrupt United States mobility operations;
(L) adversary actions that threaten freedom
of navigation on international waterways,
including attacks on foreign ships and crews;
(M) aircraft being used for training or
undergoing depot maintenance or modernization
or ships undergoing depot maintenance;
(N) mobility enabling forces availability,
readiness, and use;
(O) logistics concept of operations,
including any support concepts, methods, combat
support forces, and combat service support
forces, that are required to enable the
projection and enduring support to forces both
deployed and in combat for each analytic
scenario;
(P) anticipated attrition rates for the
assessed force structure; and
(Q) such other matters as the Commander
determines appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) Reports and Briefings.--
(1) Interim report and briefing.--Not later than
June 1, 2020, the Commander of the United States
Transportation Command, in coordination with the
Chairman of the Joint Chiefs of Staff, the Secretaries
of the military departments, and the commanders of the
combatant commands, shall--
(A) submit to the congressional defense
committees an interim report on the study; and
(B) provide to such committees a briefing
on the report.
(2) Final report and briefing.--Not later than
January 1, 2021, the Commander of the United States
Transportation Command, in coordination with the
Chairman of the Joint Chiefs of Staff, the Secretaries
of the military departments, and the commanders of the
combatant commands, shall--
(A) submit to the congressional defense
committees a final report on the study; and
(B) provide to such committees a briefing
on the report.
(3) Form of reports.--The reports required by
paragraphs (1) and (2) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definition of Sealift Ship.--In this section, the term
``sealift ship'' includes surge sealift vessels, tanker
vessels, and non-governmental vessels incorporated as part of
the maritime logistics enterprise.
SEC. 1713. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Assessment.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with a federally funded research and
development center for the conduct of an independent assessment
of the force structure and roles and responsibilities of
special operations forces.
(b) Matters to Be Considered.--In performing the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) The most recent national defense strategy under
section 113(g) of title 10, United States Code.
(2) Special operations activities, as described in
section 167(k) of title 10, United States Code.
(3) Potential future national security threats to
the United States.
(4) Ongoing counterterrorism and contingency
operations of the United States.
(5) The demand for special operations forces by
geographic combatant commanders for security
cooperation, exercises, and other missions that could
be executed by conventional forces.
(6) Other government and non-government analyses
that would contribute to the assessment through
variations in study assumptions or potential scenarios.
(7) The role of emerging technology on special
operations forces.
(8) Opportunities for reduced operation and
sustainment costs of special operations.
(9) Current and projected capabilities of other
United States Armed Forces that could affect force
structure capability and capacity requirements of
special operations forces.
(10) The process by which United States Special
Operations Command determines force size and structure.
(11) The size, composition, and organizational
structure of United States Special Operations Command
headquarters and subordinate headquarters elements.
(12) The readiness of special operations forces for
assigned missions and future conflicts.
(13) The adequacy of special operations force
structure for meeting the goals of the National
Military Strategy under section 153(b) of title 10,
United States Code.
(14) Any other matters deemed relevant.
(c) Assessment Results.--The results of the assessment
under this section shall include each of the following:
(1) Considerations and recommendations for
improving the readiness of special operations forces.
(2) Alternative headquarters and force structure
options to reduce administrative costs and enhance
operational effectiveness.
(3) Legislative recommendations with respect to
section 167 of title 10, United States Code, and other
relevant provisions of law.
(d) Submission to Congress.--Not later than July 1, 2020,
the Secretary shall submit to the congressional defense
committees an unaltered copy of the assessment required under
subsection (a) together with the views of the Assistant
Secretary of Defense for Special Operations and Low-Intensity
Conflict and the Commander of United States Special Operations
Command on the assessment and the recommendations included in
the assessment.
SEC. 1714. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION ROADMAP.
(a) Strategic Plan and Modernization Roadmap.--
(1) In general.--The Secretary of the Army shall
develop a comprehensive strategic plan for Army
aviation, which shall--
(A) ensure the alignment between
requirements, both current and future, and Army
budget submissions to meet such requirements;
and
(B) inform the preparation of future
defense program and budget requests by the
Secretary, and the consideration of such
requests by Congress.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) An assessment of all missions for Army
aviation, both current missions and those
missions necessary to support the national
defense strategy and the U.S. Army in Multi-
Domain Operations 2028 concept.
(B) An analysis of platforms, capabilities,
and capacities necessary to fulfill such
current and future Army aviation missions.
(C) The anticipated life cycle budget
associated with each platform, capability, and
capacity requirement for both current and
future requirements.
(D) An analysis showing operational,
budget, and schedule trade-offs between
sustainment of currently fielded capabilities,
modernization of currently fielded
capabilities, and development and production of
new capabilities.
(b) Report to Congress.--Not later than March 30, 2020, the
Secretary of the Army shall submit to the congressional defense
committees a report containing--
(1) the comprehensive strategic plan required by
subsection (a); and
(2) a sustainment and modernization plan for
carrying out such strategic plan through fiscal year
2028.
SEC. 1715. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO COUNTER LAND
AND MARITIME THREATS.
(a) In General.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
the efforts by the Army and Marine Corps to develop and deploy
ground-based long-range rocket and cannon artillery to counter
land and maritime threats.
(b) Elements.--The report required by subsection (a) shall
include each of the following:
(1) An assessment of ongoing and future Army and
Marine Corps efforts to develop and deploy ground-based
long-range rocket and cannon artillery to counter land
and maritime fires in the areas of operations of United
States Indo-Pacific Command and United States European
Command.
(2) An assessment of and recommendations for how
the Department of Defense can improve the development
and deployment of such artillery.
(3) An analysis, assessment, and determination of
how such artillery employed in support of the United
States and allied forces will be stationed, deployed,
operationally positioned, and controlled to operate
effectively against potential adversaries throughout
the depth of their tactical, operational, and strategic
formations, including any recommendations of the
Secretary regarding how such capabilities and support
could be enhanced.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 1716. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-CAPITAL FUND.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of each of the military
departments, shall enter into a contract with a federally
funded research and development center for the conduct of an
independent review of the transportation working-capital fund
(hereinafter referred to as the ``TWCF'') of the United States
Transportation Command.
(b) Matters for Inclusion.--The review conducted under
subsection (a) shall include each of the following:
(1) The viability of the TWCF as it is structured
as of the date of the enactment of this Act.
(2) An assessment of any instances in which excess
TWCF funds were used for procurement or modernization
efforts that would not otherwise have been funded using
amounts made available for operation and maintenance.
(3) Recommendations for how the TWCF could be
restructured in order to make the fund more effective
and efficient.
(4) Potential alternative funding mechanisms for
certain components of the TWCF, including the channel
system.
(5) Any other matters the Secretaries jointly
determine appropriate.
(c) Report.--Not later than March 1, 2021, the Secretary of
Defense and the Secretary of each of the military departments
shall jointly submit the to the congressional defense
committees a copy of the review conducted under subsection (a).
SEC. 1717. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE OF
CERTAIN AIRCRAFT CAPABILITIES.
(a) In General.--Not later than March 31, 2020, each
commander of a geographic combatant command shall submit to the
congressional defense committees a report containing an
assessment of the level of operational risk to that command
posed by the plans of the Department of the Navy and Department
of the Air Force to provide a mix of fifth generation and
advanced fourth generation tactical aircraft capabilities to
meet near-, mid-, and far-term contingency and steady-state
operational requirements against adversaries in support of the
objectives of the 2018 national defense strategy.
(b) Assessment of Risk.--In assessing levels of operational
risk under subsection (a), a commander shall use the military
risk matrix of the Chairman of the Joint Chiefs of Staff, as
described in CJCS Instruction 3401.01E.
(c) Geographic Combatant Command.--In this section, the
term ``geographic combatant command'' means each of the
following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1718. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and quarterly thereafter for three
years, the Security Executive Agent, in coordination with
members of the Performance Accountability Council established
pursuant to Executive Order 13467, shall submit to Congress a
report on the backlog of personnel security clearance
adjudications conducted by all Government agencies that
adjudicate decisions for security clearances. Such report shall
include--
(1) the size of the backlog of personnel security
clearance adjudications, by agency, for the fiscal
quarter preceding the quarter during which the report
is submitted;
(2) the average length of time, for each security
clearance sensitivity level, to carry out an initial
adjudication and an adjudication following a periodic
reinvestigation, by agency;
(3) the number of cases referred to the
Consolidated Adjudication Facility of the Department of
Defense;
(4) the number of initial investigations
adjudicated by the Consolidated Adjudication Facility;
(5) the number of periodic reinvestigations
adjudicated by the Consolidated Adjudication Facility;
(6) the number of cases adjudicated by the
Consolidated Adjudication Facility stemming from
participation in a continuous evaluation program;
(7) the number of personnel enrolled in a
continuous evaluation program as opposed to subject to
a periodic reinvestigation;
(8) the number of adjudicators by agency; and
(9) a backlog mitigation plan, which shall
include--
(A) the identification of the cause of, and
recommendations to remedy, the adjudication
backlog at Federal agencies; and
(B) the steps the Security Executive Agent,
established pursuant to Executive Order 13467,
shall take to reduce the adjudication backlog.
(b) Public Availability.--Each report required under
subsection (a) shall be made publicly available.
SEC. 1719. REPORT REGARDING OUTSTANDING GOVERNMENT ACCOUNTABILITY
OFFICE RECOMMENDATIONS.
Not later than September 30, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes--
(1) a list of the priority recommendations
identified by the Comptroller General of the United
States regarding matters of the Department of Defense
that the Secretary has not implemented due to funding
limitations.
(2) the estimated cost associated with implementing
such recommendations.
SEC. 1720. REPORT ON NATIONAL GUARD AND UNITED STATES NORTHERN COMMAND
CAPACITY TO MEET HOMELAND DEFENSE AND SECURITY
INCIDENTS.
Not later than September 30, 2020, the Chief of the
National Guard Bureau shall, in consultation with the Commander
of United States Northern Command, submit to the congressional
defense committees a report setting forth the following:
(1) A clarification of the roles and missions,
structure, capabilities, and training of the National
Guard and the United States Northern Command, and an
identification of emerging gaps and shortfalls in light
of current homeland security threats to our country.
(2) A list of the resources that each State and
Territory National Guard has at its disposal that are
available to respond to a homeland defense or security
incident, with particular focus on a multi-State
electromagnetic pulse event.
(3) The readiness and resourcing status of forces
listed pursuant to paragraph (2).
(4) The current strengths and areas of improvement
in working with State and Federal interagency partners.
(5) The current assessments that address National
Guard readiness and resourcing of regular United States
Northern Command forces postured to respond to homeland
defense and security incidents.
(6) A roadmap to 2040 that addresses readiness
across the spectrum of long-range emerging threats
facing the United States.
SEC. 1721. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES, AND POLICY
RELATING TO CIVILIAN CASUALTIES.
(a) Assessment.--The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the conduct of an independent assessment
of Department of Defense standards, processes, procedures, and
policy relating to civilian casualties resulting from United
States military operations.
(b) Matters To Be Considered.--In conducting the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) Department of Defense policy relating to
civilian casualties resulting from United States
military operations.
(2) Standards, processes, and procedures for
internal assessments and investigations of civilian
casualties resulting from United States military
operations.
(3) Standards, processes, and procedures for
identifying, assessing, investigating, and responding
to reports of civilian casualties resulting from United
States military operations from the public and non-
governmental entities and sources.
(4) Combatant command resourcing and organizational
constructs for assessing and investigating civilian
casualties resulting from United States military
operations.
(5) Mechanisms for public and non-governmental
entities to report civilian casualties that may have
resulted from United States military operations to the
Department of Defense.
(6) Standards and processes for accurately
recording kinetic strikes, including raids, strikes,
and other missions, and civilian casualties resulting
from United States military operations.
(7) An analysis of general reasons for any
disparity between third party public estimates and
official United States Government estimates of civilian
casualties resulting from United States or joint
military operations.
(8) The standardization of dissemination and
institutionalization across the Department of Defense
and the combatant commands of lessons learned from
United States military operations as a means of
reducing the likelihood of civilian casualties from
United States military operations.
(9) Any other matters the Secretary of Defense
determines appropriate.
(c) Recommendations for Improvements.--The results of the
assessment under this section shall include recommendations for
improvements to standards, processes, procedures, policy, and
organizational constructs relating to civilian casualties
resulting from United States military operations.
(d) Submission of Report.--
(1) In general.--Not later than July 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report setting forth an unaltered
copy of the assessment under this section, together
with the views of the Secretary on the assessment and
on the recommendations included pursuant to subsection
(c).
(2) Form of report.--The report under paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.
(3) Public availability.--The Secretary shall make
the unclassified form of the report under paragraph (1)
available to the public.
SEC. 1722. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED ENTITIES.
(a) Annual Report.--Not later than March 1, 2021, and each
subsequent year through 2025, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the transfer of
defense articles during the year preceding the year during
which the report is submitted to any of the following:
(1) Any security force unit that has committed a
gross violation of human rights in violation of section
362 of title 10, United States Code, or section 620M of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
(2) Any group or organization prohibited by law
from receiving assistance from the United States.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of any confirmed instance in
which the government of a foreign state that has
received defense articles pursuant to a Department of
Defense assistance authority subsequently transferred
any such articles to a unit of that foreign state that
is prohibited from receiving assistance from the United
States by reason of a determination by the Secretary of
Defense or the Secretary of State that there is
credible evidence that such unit has committed a gross
violation of human rights.
(2) A description of any instance, confirmed or
under investigation, in which the government of a
foreign state that has received defense articles
pursuant to a Department of Defense assistance
authority subsequently transferred any such articles to
a group or organization that is prohibited by law from
receiving assistance from the United States.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 1723. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED STATES
AGAINST TERRORIST TARGETS OUTSIDE AREAS OF ACTIVE
HOSTILITIES.
(a) Annual Report.--Not later than May 1 2020, and annually
thereafter until 2022, the Director of National Intelligence
and the Secretary of Defense shall jointly submit to Congress a
report on the number of strikes undertaken by the United States
against terrorist targets outside areas of active hostilities
during the preceding calendar year, as well as assessments of
combatant and non-combatant deaths resulting from those
strikes.
(b) Contents of Report.--The report required by subsection
(a) shall include--
(1) information obtained from relevant agencies
regarding the general sources of information and
methodology used to conduct the assessments of
combatant and non-combatant deaths;
(2) to the extent feasible and appropriate, the
general reasons for discrepancies between post-strike
assessments from the United States and credible
reporting from nongovernmental organizations regarding
non-combatant deaths resulting from strikes undertaken
by the United States against terrorist targets outside
areas of active hostilities.
(c) Review of Post-strike Reporting.--In preparing a report
under this section, the Director and the Secretary shall, to
the maximum extent practicable, review relevant and credible
post-strike all-source reporting, including such information
from nongovernmental sources, for the purpose of ensuring that
this reporting is available to and considered by relevant
agencies in their assessment of deaths.
(d) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1724. REVIEW AND ASSESSMENT OF MITIGATION OF MILITARY HELICOPTER
NOISE.
(a) In General.--The Secretary of Defense, in coordination
with the Chairman of the Joint Chiefs of Staff, shall conduct a
review and assessment of military helicopter noise in the
National Capital Region. Such review and assessment shall
include--
(1) a study on the causes and effects of military
helicopter noise on communities and individuals in the
National Capital Region;
(2) recommendations to mitigate the effects of
military helicopter noise on individuals, structures,
and property values in the National Capital Region; and
(3) the extent to which the Department has
processes in place for collecting, analyzing, and
managing military helicopter noise complaints from the
general public across the National Capital Region.
(b) Focus.--In conducting the review under subsection (a),
the Secretary and the Chairman of the Joint Chiefs of Staff
shall focus on all military helicopter flights in the National
Capital Region, including helicopters from the Army, Air Force,
and Marine Corps.
(c) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the results of the review conducted under
subsection (a). Such report shall include a description of the
policies and procedures currently being used by the Army, Air
Force, and Marine Corps in the National Capital Region to
mitigate the impact of helicopter noise as well as the means to
track compliance with these internal practices to ensure
compliance.
(d) Definition of National Capital Region.--In this
section, the term ``National Capital Region'' has the meaning
given the term in section 2574 of title 10, United States Code.
Subtitle B--Other Matters
SEC. 1731. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of
subtitle A, and at the beginning of part I of such
subtitle, are each amended by striking the item
relating to chapter 9A and inserting the following:
``9A. Audit......................................................240a''.
(2) The table of chapters at the beginning of
subtitle A, and at the beginning of part I of such
subtitle, are each amended by striking the item
relating to chapter 112 and inserting the following:
``112. Cyber Scholarship Program.................................2200''.
(3) Section 113(j)(1) is amended by inserting
``the'' before ``congressional defense committees''.
(4) Section 119a is amended in each of the
subsection headings for subsections (a) and (b) by
striking ``AACMS'' and inserting ``ACCMS''.
(5) Section 127(c)(1) is amended by inserting
``the'' before ``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting
``(C)'' after ``(j)(3)''; and
(B) in subsection (j)(6), by striking
``40101'' and inserting ``44802''.
(7) Section 131(b)(8) is amended by redesignating
subparagraph (I) as subparagraph (F).
(8) Section 132 is amended by redesignating
subsection (e) as subsection (d).
(9) The item relating to section 169 in the table
of sections at the beginning of chapter 6 is amended by
inserting a period after ``Command''.
(10) The item relating to section 183a in the table
of sections at the beginning of chapter 7 is amended to
read as follows:
``183a. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.''.
(11) Section 187(a)(2)(C) is amended by striking
``Assistant Secretary of the Army for Acquisition,
Technology, and Logistics'' and inserting ``Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology''.
(12) Section 222a(d)(3)(A) is amended by inserting
``had'' before ``been''.
(13) Section 222b(a) is amended by striking
``United States Code,''.
(14) Section 284 is amended--
(A) by striking ``section 376'' both places
it appears and inserting ``section 276'';
(B) in subsection (f), by inserting ``)''
after ``Stat. 1564)'';
(C) in subsection (g)(2), by striking
``section 375'' and inserting ``section 275'';
and
(D) in subsection (h)(1)(A)(vi)(VI) by
striking ``section 1004 of the National Defense
Authorization Act for Fiscal Year 1991 (10
U.S.C. 374 note) and''.
(15) The table of sections at the beginning of
subchapter V of chapter 16 is amended by striking
``Sec.'' after the item relating to section 350.
(16) Section 341(e)(2)(A) is amended by adding a
period at the end.
(17) Section 526(k) is amended by inserting ``the''
before ``number of general officers''.
(18) Section 649j is amended by striking ``(a) In
General.-The'' and inserting ``The''.
(19) Section 651(a) is amended by inserting ``shall
serve'' after ``(50 U.S.C. 3806(d)(1))''.
(20) The heading of section 928b (article 128b of
the Uniform Code of Military Justice) is amended to
read as follows:
``Sec. 928b. Art. 128b. Domestic violence''.
(21) Section 1034(b)(1)(B)(ii) is amended by
striking ``subsection (i)'' and inserting ``subsection
(j)'';
(22) Section 1073c(a) is amended by redesignating
the second paragraph (4) as paragraph (6).
(23) Section 1075(d)(1) is amended in the table by
striking ``25% of out of network'' and inserting ``25%
out of network''.
(24) Section 1076d(d)(1) is amended by striking
``section 1075 of this section'' and inserting
``section 1075 of this title''.
(25) Section 1076e(d)(1) is amended by striking
``section 1075 of this section'' and inserting
``section 1075 of this title''.
(26) Section 1142(c)(3) is amended by striking
``paragraph (2)(B)'' and inserting ``paragraph
(2)(C)''.
(27) Section 1762(c) is amended by striking ``in at
any one time'' and inserting ``at any one time in''.
(28) Section 1788a is amended in subsection (d)(1)
by striking ``Not later than March 1, 2019, and each
March 1 thereafter'' and inserting ``Not later than
March 1 each year''.
(29) Section 2208(u) is amended by inserting ``of
this title'' after ``2805'' each place it appears.
(30) Section 2216(b)(1) is amended by striking
``subsection (c)(1)(B)(iii)'' and inserting
``subsection (c)(1)(B)(ii)''.
(31) Section 2222(i)(11) is amended by striking
``subsection (a)(6)(A)'' and inserting ``subsection
(e)(6)(A)''.
(32) Section 2228(a)(2) is amended by striking the
second period at the end.
(33) The item relating to section 2229b in the
table of sections at the beginning of chapter 131 is
amended to read as follows:
``2229b. Comptroller General assessment of acquisition programs and
initiatives.''.
(34) Section 2273(b)(1) is amended by inserting a
semicolon at the end.
(35) The heading for section 2279d is amended by
striking the period at the end.
(36) The heading of section 2284, as added by
section 311(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1708), is amended to read as follows:
``Sec. 2284. Explosive Ordnance Disposal Defense Program''.
(37) Section 2304(f)(1)(B) is amended--
(A) in clause (ii), by striking ``paragraph
(6)(A)'' and inserting ``paragraph (5)(A)'';
and
(B) in clause (iii), by striking
``paragraph (6)(B)'' and inserting ``paragraph
(5)(B)''.
(38) Section 2305a(d)(1) is amended by striking ``a
indefinite'' and inserting ``an indefinite''.
(39)(A) Section 2304e is amended by striking the
last four words of the section heading.
(B) Section 2323a is amended--
(i) in the section heading, by striking the
last six words; and
(ii) in subsection (e)--
(I) in paragraph (1), by striking
``102 Stat. 2468;'';
(II) in paragraph (2), by striking
``(25 U.S.C. 450b(d))'' and inserting
``(25 U.S.C. 5304(d))''; and
(III) in paragraph (3), by striking
``(25 U.S.C. 450b(e))'' and inserting
``(25 U.S.C. 5304(e))''.
(C) The table of sections at the beginning of
chapter 137 is amended by striking the last four words
of the item relating to section 2304e and the last six
words of the item relating to section 2323a.
(40) Section 2307(a)(1) is amended by striking
``may'' and inserting ``may--''.
(41) Section 2313b(d) is amended by striking ``an
task order'' both places it appears and inserting ``a
task order''.
(42) Section 2329(g)(1) is amended by striking
```bridge contact''' and inserting ```bridge
contract'''.
(43) Section 2339a(e)(5) is amended by striking
``section 3542(b)'' and inserting ``section
3552(b)(6)''.
(44) Section 2366a(c)(1)(F) is amended by striking
``section 2366a(b)(6) of this title'' and inserting
``subsection (b)(6)''.
(45) Section 2368(f)(1) is amended by striking
``transition'' and inserting ``transaction''.
(46) Section 2371b(d)(1)(C) is amended by striking
``other than'' after ``sources''.
(47) Section 2380B is amended--
(A) by inserting ``section'' before
``2376(1) of this title''; and
(B) by striking ``purposed of'' and
inserting ``purposes of''.
(48) Section 2401(e)(2) is amended by striking
``subsection (f)'' and inserting ``subsection (g)''.
(49) The item relating to section 2439 in the table
of sections at the beginning of chapter 144 is amended
to read as follows:
``2439. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.''.
(50) The item relating to subchapter II in the
table of subchapters for chapter 144B is amended to
read as follows:
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology..........................2447a''.
(51) Section 2447a(a) is amended by striking
``after fiscal year 2017''.
(52) Section 2547(b)(2) is amended--
(A) by striking ``material'' and inserting
``materiel''; and
(B) by striking ``Material'' both places it
appears and inserting ``Materiel''.
(53) Section 2802(e)(1) is amended by striking
``shall comply with'' and inserting ``shall--
``(A) comply with''.
(54) Section 2804(b) is amended, in the second
sentence--
(A) by striking ``(1)'' and ``(2)''; and
(B) by striking ``project and'' and
inserting ``project,''.
(55) Section 2805(d)(1)(B) is amended by inserting
``under'' after ``made available''.
(56) Section 2835a(c) is amended by striking ``(1)
The Secretary'' and inserting ``The Secretary''.
(57) Section 2879(a)(2)(A) is amended by striking
the comma after ``2017''.
(58) Section 2913(c) is amended by striking
``government a gas or electric utility'' and inserting
``government gas or electric utility''.
(59) The item relating to section 2914 in the table
of sections at the beginning of chapter 173 is amended
to read as follows:
``2914. Energy resilience and conservation construction projects.''.
(60)(A) The heading of section 8749, as amended by
section 1114(b)(2) and redesignated by section
807(d)(6) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by capitalizing the initial letter of
the fifth, sixth, and seventh words and the initial
letter of the last two words.
(B) The heading of section 8749a, as added by
section 1114(a) and redesignated by section 8(d)(6) of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), is amended
by capitalizing the initial letter of the fifth, sixth,
and seventh words.
(61) Section 9069(a) is amended by striking ``are''
and inserting ``is''.
(62) Section 10217(e)(4) is amended by striking
``shall an individual'' and inserting ``shall be an
individual''.
(63) The item relating to section 2568a in the
table of sections at the beginning of chapter 152 is
amended to read as follows:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
(64) Section 7016(b)(5)(A) is amended by striking
``Assistant Secretary of the Army for Acquisition,
Technology, and Logistics'' and inserting ``Assistant
Secretary of the Army for Acquisition, Logistics, and
Technology''.
(b) NDAA for Fiscal Year 2019.--Effective as of August 13,
2018, and as if included therein as enacted, the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) is amended as follows:
(1) Section 331(g)(2) (132 Stat. 1724) is amended
by inserting ``of such title'' after ``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) is amended by
striking ``This section and the amendments made by this
section'' and inserting ``The amendment made by
subsection (a)''.
(3) Section 1246(1)(B) (132 Stat. 2049) is amended
by adding at the end before the semicolon the
following: ``and transferring it to appear after
paragraph (15)''.
(4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864
note) is amended by striking ``United Facilities
Criteria'' and inserting ``Unified Facilities
Criteria''.
(c) NDAA for Fiscal Year 2018.--Effective as of December
12, 2017, and as if included therein as enacted, section
1609(b)(3) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1728; 10 U.S.C. 2273
note) is amended by striking ``, and,'' and inserting ``,
and''.
(d) NDAA for Fiscal Year 2017.--Effective as of December
23, 2016, and as if included therein as enacted, section
233(c)(2)(C)(ii) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 114-328; 130 Stat. 2061; 10 U.S.C.
2358 note) is amended by striking ``Assistant Secretary of the
Army for Acquisition, Technology, and Logistics'' and inserting
``Assistant Secretary of the Army for Acquisition, Logistics,
and Technology''.
(e) NDAA for Fiscal Year 2012.--Effective as of December
31, 2011, and as if included therein as enacted, section 315 of
the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1358; 10 U.S.C. 2911 note) is
amended by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(f) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of this
Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1732. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN OVERSEAS
CONTINGENCY OPERATION BASED ON SECRETARY OF DEFENSE
NOTIFICATION.
(a) Notification on Commencement of OCO.--Section 113 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(n) Notification of Certain Overseas Contingency
Operations for Purposes of Inspector General Act of 1978.--The
Secretary of Defense shall provide the Chair of the Council of
Inspectors General on Integrity and Efficiency written
notification of the commencement or designation of a military
operation as an overseas contingency operation upon the earlier
of--
``(1) a determination by the Secretary that the
overseas contingency operation is expected to exceed 60
days; or
``(2) the date on which the overseas contingency
operation exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on
Notification.--Section 8L of the Inspector General Act of 1978
(5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement''
and all that follows through ``the Chair'' and
inserting ``The Chair''; and
(B) by inserting before the period at the
end the following: ``upon the earlier of--
``(1) the commencement or designation of a military
operation as an overseas contingency operation that
exceeds 60 days; or
``(2) receipt of a notification under section
113(n) of title 10, United States Code, with respect to
an overseas contingency operation''; and
(2) in subsection (d)(1), by striking ``the
commencement or designation of the military operation
concerned as an overseas contingency operation that
exceeds 60 days'' and inserting ``the earlier of--
``(A) the commencement or designation of
the military operation concerned as an overseas
contingency operation that exceeds 60 days; or
``(B) receipt of a notification under
section 113(n) of title 10, United States Code,
with respect to an overseas contingency
operation''.
SEC. 1733. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL FOR
OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to
exercise'' and all that follows through ``such
matter'' and inserting ``to identify and
coordinate with the Inspector General who has
principal jurisdiction over the matter to
ensure effective oversight''; and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the
Inspector General with principal jurisdiction
over a matter with respect to the contingency
operation, and with the approval of the lead
Inspector General, an Inspector General
specified in subsection (c) may provide
investigative support or conduct an independent
investigation of an allegation of criminal
activity by any United States personnel,
contractor, subcontractor, grantee, or vendor
in the applicable theater of operations.
``(II) In the case of a determination by
the lead Inspector General that no Inspector
General has principal jurisdiction over a
matter with respect to the contingency
operation, the lead Inspector General may--
``(aa) conduct an independent
investigation of an allegation
described in subclause (I); or
``(bb) request that an Inspector
General specified in subsection (c)
conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among
Inspectors General and encourage comprehensive
oversight of the contingency operation, any
Inspector General responsible for conducting
oversight of any program or operation performed
in support of the contingency operation may, to
the maximum extent practicable and consistent
with the duties, responsibilities, policies,
and procedures of such Inspector General--
``(i) coordinate such oversight
activities with the lead Inspector
General; and
``(ii) provide information
requested by the lead Inspector General
relating to the responsibilities of the
lead Inspector General described in
subparagraphs (B), (C), and (G).''.
SEC. 1734. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS GENERAL FOR
OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (2)(E), by inserting ``(without
regard to subsection (b)(2) of such section)'' after
``United States Code,'';
(2) in paragraph (3), by amending subparagraph (C)
to read as follows:
``(C)(i) An annuitant receiving an annuity under
the Foreign Service Retirement and Disability System or
the Foreign Service Pension System under chapter 8 of
title I of the Foreign Service Act of 1980 (22 U.S.C.
4041 et seq.) who is reemployed under this subsection--
``(I) shall continue to receive the
annuity; and
``(II) shall not be considered a
participant for purposes of chapter 8 of title
I of the Foreign Service Act of 1980 (22 U.S.C.
4041 et seq.) or an employee for purposes of
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code.
``(ii) An annuitant described in clause (i) may
elect in writing for the reemployment of the annuitant
under this subsection to be subject to section 824 of
the Foreign Service Act of 1980 (22 U.S.C. 4064). A
reemployed annuitant shall make an election under this
clause not later than 90 days after the date of the
reemployment of the annuitant.''; and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for
an overseas contingency operation under this section shall
acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications upon the completion of 2 years of
continuous service as an employee under this section.
``(B) No person who is first employed as described in
subparagraph (A) more than 2 years after the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020 may acquire competitive status under subparagraph
(A).''.
SEC. 1735. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL
INTELLIGENCE.
(a) Extension.--Subsection (e) of section 1051 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1962) is amended by
striking ``October 1, 2020'' and inserting ``October 1, 2021''.
(b) Authority to Accept Gifts.--Subsection (a) of such
section is amended by adding at the end the following new
paragraph:
``(8) Authority to accept gifts.--The Commission
may accept, use, and dispose of gifts or donations of
services, goods, and property from non-Federal entities
for the purposes of aiding and facilitating the work of
the Commission. The authority in this paragraph does
not extend to gifts of money.''.
(c) Reports.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (3) as paragraph
(4); and
(2) by inserting after paragraph (1) the following
new paragraphs:
``(2) Interim reports.--Not later than each of
December 1, 2019, and December 1, 2020, the Commission
shall submit as described in that paragraph an interim
report on the review required under subsection (b).
``(3) Final report.--Not later than March 1, 2021,
the Commission shall submit as described in paragraph
(1) a comprehensive final report on the review required
under subsection (b).''.
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.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any
entity other than the debtor (or in a joint
case the debtor and the debtor's spouse), on a
regular basis for the household expenses of the
debtor or the debtor's dependents (and, in a
joint case, the debtor's spouse if not
otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the
Social Security Act (42 U.S.C. 301 et
seq.);
``(II) payments to victims of war
crimes or crimes against humanity on
account of their status as victims of
such crimes;
``(III) payments to victims of
international terrorism or domestic
terrorism, as those terms are defined
in section 2331 of title 18, on account
of their status as victims of such
terrorism; and
``(IV) any monthly compensation,
pension, pay, annuity, or allowance
paid under title 10, 37, or 38 in
connection with a disability, combat-
related injury or disability, or death
of a member of the uniformed services,
except that any retired pay excluded
under this subclause shall include
retired pay paid under chapter 61 of
title 10 only to the extent that such
retired pay exceeds the amount of
retired pay to which the debtor would
otherwise be entitled if retired under
any provision of title 10 other than
chapter 61 of that title.''.
SEC. 1737. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER RESEARCH.
Section 414(h) of title 39, United States Code, is amended
by striking ``2019'' and inserting ``2027''.
SEC. 1738. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY.
(a) Extension of Deadline for Report.--Subsection (h)(2) of
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``March 1, 2020'' and inserting ``December
1, 2020''.
(b) Secretary of Defense Report.--Such section is further
amended by adding at the end the following new subsection:
``(m) Report to Congress.--Not later than 120 days after
the date of the submittal of the report under subsection
(h)(2), the Secretary of Defense, in coordination with the
Secretary of each of the military departments, shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report that includes each of the following:
``(1) An assessment of the findings and conclusions
of the Commission.
``(2) The plan of the Secretaries for implementing
the recommendations of the Commission.
``(3) Any other actions taken or planned by the
Secretary of Defense or the Secretary of any of the
military departments to improve military aviation
safety.''.
(c) Authorization of Appropriations.--In addition to any
other amounts authorized to be appropriated for the National
Commission on Military Aviation Safety established under
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), of
the amounts authorized to be appropriated for Operation and
Maintenance, Defense-wide for fiscal year 2020, as specified in
the funding table in section 4301, $3,000,000 shall be
available for the National Commission on Aviation Safety.
SEC. 1739. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) In General.--Title VI of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at the
end the following new section:
``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF SERVICEMEMBERS.
``For the purposes of establishing the residency of a
spouse of a servicemember for any purpose (including the
registration of a business), the spouse of a servicemember may
elect to use the same residence as the servicemember regardless
of the date on which the marriage of the spouse and the
servicemember occurred.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Guarantee of residency for spouses of servicemembers.''.
SEC. 1740. ELECTROMAGNETIC PULSES AND GEOMAGNETIC DISTURBANCES.
(a) EMP and GMD Mitigation Research and Development.--
(1) Threat assessment, response, and recovery.--
Section 320 of the Homeland Security Act of 2002 (6
U.S.C. 195f) is amended--
(A) in the section heading, by inserting
``and threat assessment, response, and
recovery'' after ``development''; and
(B) by adding at the end the following:
``(d) Threat Assessment, Response, and Recovery.--
``(1) Roles and responsibilities.--
``(A) Distribution of information.--
``(i) In general.--Beginning not
later than June 19, 2020, the Secretary
shall provide timely distribution of
information on EMPs and GMDs to
Federal, State, and local governments,
owners and operators of critical
infrastructure, and other persons
determined appropriate by the
Secretary.
``(ii) Briefing.--The Secretary
shall brief the appropriate
congressional committees on the
effectiveness of the distribution of
information under clause (i).
``(B) Response and recovery.--
``(i) In general.--The
Administrator of the Federal Emergency
Management Agency shall--
``(I) coordinate the
response to and recovery from
the effects of EMPs and GMDs on
critical infrastructure, in
coordination with the heads of
appropriate Sector-Specific
Agencies, and on matters
related to the bulk power
system, in consultation with
the Secretary of Energy and the
Federal Energy Regulatory
Commission; and
``(II) to the extent
practicable, incorporate events
that include EMPs and extreme
GMDs as a factor in
preparedness scenarios and
exercises.
``(ii) Implementation.--The
Administrator of the Federal Emergency
Management Agency, in coordination with
the Director of the Cybersecurity and
Infrastructure Security Agency, and on
matters related to the bulk power
system, the Secretary of Energy and the
Federal Energy Regulatory Commission,
shall--
``(I) not later than June
19, 2020, develop plans and
procedures to coordinate the
response to and recovery from
EMP and GMD events; and
``(II) not later than
December 21, 2020, conduct a
national exercise to test the
preparedness and response of
the Nation to the effect of an
EMP or extreme GMD event.
``(C) Research and development.--
``(i) In general.--The Secretary,
in coordination with the heads of
relevant Sector-Specific Agencies,
shall--
``(I) without duplication
of existing or ongoing efforts,
conduct research and
development to better
understand and more effectively
model the effects of EMPs and
GMDs on critical infrastructure
(which shall not include any
system or infrastructure of the
Department of Defense or any
system or infrastructure of the
Department of Energy associated
with nuclear weapons
activities); and
``(II) develop technologies
to enhance the resilience of
and better protect critical
infrastructure.
``(ii) Plan.--Not later than March
26, 2020, and in coordination with the
heads of relevant Sector-Specific
Agencies, the Secretary shall submit to
the appropriate congressional
committees a research and development
action plan to rapidly address modeling
shortfall and technology development.
``(D) Emergency information system.--
``(i) In general.--The
Administrator of the Federal Emergency
Management Agency, in coordination with
relevant stakeholders, shall maintain a
network of systems, such as the
alerting capabilities of the integrated
public alert and warning system
authorized under section 526, that are
capable of providing appropriate
emergency information to the public
before (if possible), during, and in
the aftermath of an EMP or GMD.
``(ii) Briefing.--Not later than
December 21, 2020, the Administrator of
the Federal Emergency Management
Agency, shall brief the appropriate
congressional committees regarding the
maintenance of systems, including the
alerting capabilities of the integrated
public alert and warning system
authorized under section 526.
``(E) Quadrennial risk assessments.--
``(i) In general.--The Secretary,
in coordination with the Secretary of
Defense, the Secretary of Energy, and
the Secretary of Commerce, and informed
by intelligence-based threat
assessments, shall conduct a
quadrennial EMP and GMD risk
assessment.
``(ii) Briefings.--Not later than
March 26, 2020, and every four years
thereafter until 2032, the Secretary,
the Secretary of Defense, the Secretary
of Energy, and the Secretary of
Commerce shall provide a briefing to
the appropriate congressional
committees regarding the quadrennial
EMP and GMD risk assessment.
``(iii) Enhancing resilience.--The
Secretary, in coordination with the
Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, and
the heads of other relevant Sector-
Specific Agencies, shall use the
results of the quadrennial EMP and GMD
risk assessments to better understand
and to improve resilience to the
effects of EMPs and GMDs across all
critical infrastructure sectors,
including coordinating the
prioritization of critical
infrastructure at greatest risk to the
effects of EMPs and GMDs.
``(2) Coordination.--
``(A) Report on technological options.--Not
later than December 21, 2020, and every four
years thereafter until 2032, the Secretary, in
coordination with the Secretary of Defense, the
Secretary of Energy, the heads of other
appropriate agencies, and, as appropriate,
private-sector partners, shall submit to the
appropriate congressional committees, a report
that--
``(i) assesses the technological
options available to improve the
resilience of critical infrastructure
to the effects of EMPs and GMDs; and
``(ii) identifies gaps in available
technologies and opportunities for
technological developments to inform
research and development activities.
``(B) Test data.--
``(i) In general.--Not later than
December 20, 2020, the Secretary, in
coordination with the heads of Sector-
Specific Agencies, the Secretary of
Defense, and the Secretary of Energy,
shall--
``(I) review test data
regarding the effects of EMPs
and GMDs on critical
infrastructure systems,
networks, and assets
representative of those
throughout the Nation; and
``(II) identify any gaps in
the test data.
``(ii) Plan.--Not later than 180
days after identifying gaps in test
data under clause (i), the Secretary,
in coordination with the heads of
Sector-Specific Agencies and in
consultation with the Secretary of
Defense and the Secretary of Energy,
shall use the sector partnership
structure identified in the National
Infrastructure Protection Plan to
develop an integrated cross-sector plan
to address the identified gaps.
``(iii) Implementation.--The heads
of each agency identified in the plan
developed under clause (ii) shall
implement the plan in collaboration
with the voluntary efforts of the
private sector, as appropriate.
``(3) Definitions.--In this subsection:
``(A) The term `appropriate congressional
committees' means--
``(i) the Committee on Homeland
Security and Governmental Affairs, the
Committee on Armed Services, the
Committee on Energy and Natural
Resources, and the Committee on
Commerce, Science, and Transportation
of the Senate; and
``(ii) the Committee on
Transportation and Infrastructure, the
Committee on Homeland Security, the
Committee on Armed Services, the
Committee on Energy and Commerce, and
the Committee on Science, Space and
Technology of the House of
Representatives.
``(B) The terms `prepare' and
`preparedness' mean the actions taken to plan,
organize, equip, train, and exercise to build
and sustain the capabilities necessary to
prevent, protect against, mitigate the effects
of, respond to, and recover from those threats
that pose the greatest risk to the security of
the homeland, including the prediction and
notification of impending EMPs and GMDs.
``(C) The term `Sector-Specific Agency' has
the meaning given that term in section 2201.
``(e) Rule of Construction.--Nothing in this section may be
construe--
``(1) to affect in any manner the authority of the
executive branch to implement Executive Order 13865,
dated March 26, 2019, and entitled `Coordinating
National Resilience to Electromagnetic Pulses', or any
other authority existing on the day before the date of
enactment of this subsection of any other component of
the Department or any other Federal department or
agency, including the authority provided to the Sector-
Specific Agency specified in section 61003(c) of
division F of the Fixing America's Surface
Transportation Act (6 U.S.C. 121 note), including the
authority under section 215 of the Federal Power Act
(16 U.S.C. 824o), and including the authority of
independent agencies to be independent; or
``(2) as diminishing or transferring any
authorities vested in the Administrator of the Federal
Emergency Management Agency or in the Agency prior to
the date of the enactment of this subsection.''.
(2) Technical and conforming amendment.--The table
of sections in section 1(b) of the Homeland Security
Act of 2002 is amended by striking the item relating to
section 320 and inserting the following:
``Sec. 320. EMP and GMD mitigation research and development and threat
assessment, response, and recovery.''.
(b) Consultation With Secretary of Energy in Preparation of
Quadrennial Homeland Security Review.--Section 707 of the
Homeland Security Act of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)(A), by inserting ``the
Secretary of Energy,'' after ``the Secretary of
Agriculture''; and
(2) in subsection (c)(2)(B), by inserting after
review the following ``or for purposes of the
quadrennial EMP and GMD risk assessment under section
320(d)(1)(E)''.
(c) National Essential Functions.--
(1) Updated operational plans.--Not later than
March 20, 2020, each agency that supports a national
essential function shall prepare updated operational
plans documenting the procedures and responsibilities
of the agency relating to preparing for, protecting
against, and mitigating the effects of EMPs and GMDs.
(2) Definition of national essential function.--In
this subsection, the term ``national essential
functions'' means the overarching responsibilities of
the Federal Government to lead and sustain the Nation
before, during, and in the aftermath of a catastrophic
emergency, such as an EMP or GMD that adversely affects
the performance of the Federal Government.
(d) Benchmarks.--Not later than March 26, 2020, and as
appropriate thereafter, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and, as appropriate, the private sector, may
develop or update, as necessary, quantitative and voluntary
benchmarks that sufficiently describe the physical
characteristics of EMPs, including waveform and intensity, in a
form that is useful to and can be shared with owners and
operators of critical infrastructure. Nothing in this
subsection shall affect the authority of the Electric
Reliability Organization to develop and enforce, or the
authority of the Federal Energy Regulatory Commission to
approve, reliability standards.
(e) Pilot Test by DHS to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020,
the Secretary of Homeland Security, acting through the
Under Secretary for Science and Technology of the
Department of Homeland Security, in coordination with
the Director of the Cybersecurity and Infrastructure
Security Agency and the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense,
and the Secretary of Energy, and in consultation with
the private sector, as appropriate, shall develop and
implement a pilot test to evaluate available
engineering approaches for mitigating the effects of
EMPs and GMDs on the most vulnerable critical
infrastructure systems, networks, and assets.
(2) Briefing.--Not later than 90 days after the
date on which the pilot test described in paragraph (1)
is completed, the Secretary of Homeland Security,
acting through the Under Secretary for Science and
Technology of the Department of Homeland Security, in
coordination with the Director of the Cybersecurity and
Infrastructure Security Agency and the Administrator of
the Federal Emergency Management Agency, the Secretary
of Defense, and the Secretary of Energy, shall jointly
brief the appropriate congressional committees on the
cost and effectiveness of the evaluated approaches.
(f) Pilot Test by DOD to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020,
the Secretary of Defense, in consultation with the
Secretary of Homeland Security and the Secretary of
Energy, shall conduct a pilot test to evaluate
engineering approaches for hardening a strategic
military installation, including infrastructure that is
critical to supporting that installation, against the
effects of EMPs and GMDs.
(2) Report.--Not later than 180 days after
completing the pilot test described in paragraph (1),
the Secretary of Defense shall submit to the
appropriate congressional committees a report regarding
the cost and effectiveness of the evaluated approaches.
(g) Communications Operational Plans.--Not later than
December 21, 2020, the Secretary of Homeland Security, after
holding a series of joint meetings with the Administrator of
the Federal Emergency Management Agency, the Director of the
Cybersecurity and Infrastructure Security Agency, the Secretary
of Defense, the Under Secretary of Commerce for Standards and
Technology, the Assistant Secretary of Commerce for
Communications and Information, the Federal Communications
Commission, and the Secretary of Transportation, shall submit
to the appropriate congressional committees a report--
(1) assessing the effects of EMPs and GMDs on
critical communications infrastructure; and
(2) recommending any necessary changes to
operational plans to enhance national response and
recovery efforts after an EMP or GMD.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional
committees'' has the meaning given that term in
subsection (d) of section 320 of the Homeland Security
Act of 2002, as added by subsection (a) of this
section; and
(2) The terms ``critical infrastructure'', ``EMP'',
and ``GMD'' have the meanings given such terms in
section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
SEC. 1741. IMPROVEMENTS TO MANUFACTURING USA PROGRAM.
(a) In General.--Section 34 of the National Institute of
Standards and Technology Act (15 U.S.C. 278s) is amended to
read as follows:
``SEC. 34. MANUFACTURING USA.
``(a) Definitions.--In this section:
``(1) Agency head.--The term `agency head' means
the head of any Executive agency (as defined in section
105 of title 5, United States Code), other than the
Department of Defense.
``(2) Regional innovation initiative.--The term
`regional innovation initiative' has the meaning given
such term in section 27(f)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3722(f)(1)).
``(b) Establishment of Manufacturing USA Program.--
``(1) In general.--The Secretary shall establish
within the Institute a program to be known as the
`Manufacturing United States of America Program' or the
`Manufacturing USA Program' (referred to in this
section as the `Program').
``(2) Purposes of program.--The purposes of the
Program are--
``(A) to improve the competitiveness of
United States manufacturing and to increase the
production of goods manufactured predominantly
within the United States;
``(B) to stimulate United States leadership
in advanced manufacturing research, innovation,
and technology;
``(C) to facilitate the transition of
innovative technologies into scalable, cost-
effective, and high-performing manufacturing
capabilities;
``(D) to facilitate access by manufacturing
enterprises to capital-intensive
infrastructure, including high-performance
electronics and computing, and the supply
chains that enable these technologies;
``(E) to accelerate the development of an
advanced manufacturing workforce;
``(F) to facilitate peer exchange of and
the documentation of best practices in
addressing advanced manufacturing challenges;
``(G) to leverage non-Federal sources of
support to promote a stable and sustainable
business model without the need for long-term
Federal funding;
``(H) to create and preserve jobs; and
``(I) to contribute to the development of
regional innovation initiatives across the
United States.
``(3) Support.--The Secretary, acting through the
Director, shall carry out the purposes set forth in
paragraph (2) by supporting--
``(A) the Manufacturing USA Network
established under subsection (b); and
``(B) the establishment of Manufacturing
USA institutes.
``(4) Director.--The Secretary shall carry out the
Program through the Director.
``(c) Establishment of Manufacturing USA Network.--
``(1) In general.--As part of the Program, the
Secretary shall establish a network of Manufacturing
USA institutes.
``(2) Designation.--The network established under
paragraph (1) shall be known as the `Manufacturing
United States of America Network' or the `Manufacturing
USA Network' (referred to in this section as the
`Network').
``(d) Manufacturing USA Institutes.--
``(1) In general.--For purposes of this section, a
Manufacturing USA institute is an institute that--
``(A) has been established by a person or
group of persons to address challenges in
advanced manufacturing and to assist
manufacturers in retaining or expanding
industrial production and jobs in the United
States;
``(B) has a predominant focus on a
manufacturing process, novel material, enabling
technology, supply chain integration
methodology, or another relevant aspect of
advanced manufacturing, such as nanotechnology
applications, advanced ceramics, photonics and
optics, composites, biobased and advanced
materials, flexible hybrid technologies, tool
development for microelectronics, food
manufacturing, superconductors, advanced
battery technologies, robotics, advanced
sensors, quantum information science, supply
chain water optimization, aeronautics and
advanced materials, and graphene and graphene
commercialization;
``(C) has the potential--
``(i) to improve the
competitiveness of United States
manufacturing, including key advanced
manufacturing technologies such as
nanotechnology, advanced ceramics,
photonics and optics, composites,
biobased and advanced materials,
flexible hybrid technologies, tool
development for microelectronics, food
manufacturing, superconductors,
advanced battery technologies,
robotics, advanced sensors, quantum
information science, supply chain water
optimization, aeronautics and advanced
materials, and graphene and graphene
commercialization;
``(ii) to accelerate non-Federal
investment in advanced manufacturing
production capacity in the United
States; or
``(iii) to enable the commercial
application of new technologies or
industry-wide manufacturing processes;
and
``(D) includes active participation among
representatives from multiple industrial
entities, research universities, community
colleges, and other entities as appropriate,
which may include industry-led consortia,
career and technical education schools, Federal
laboratories, State, local, and Tribal
governments, businesses, educational
institutions, and nonprofit organizations.
``(2) Activities.--
``(A) Required activities.--For purposes of
this section, a Manufacturing USA institute is
also an institute that carries out the
following:
``(i) Research, development, and
demonstration projects, including
proof-of-concept development and
prototyping, to reduce the cost, time,
or risk of commercializing new
technologies and improvements in
existing technologies, processes,
products, and research and development
of materials to solve precompetitive
industrial problems with economic or
national security implications.
``(ii) Development and
implementation of education, training,
and workforce recruitment courses,
materials, and programs addressing
workforce needs through training and
education programs at all appropriate
education levels, including programs on
applied engineering.
``(iii) Development of innovative
methodologies and practices for supply
chain integration and introduction of
new technologies into supply chains, as
appropriate.
``(iv) Outreach and engagement with
small and medium-sized manufacturing
enterprises, including women, minority,
and veteran owned manufacturing
enterprises, in addition to large
manufacturing enterprises.
``(v) Development of roadmaps or
leveraging of existing roadmaps with
respect to technology areas being
pursued by that Manufacturing USA
institute that take into account the
research and development undertaken at
other Manufacturing USA institutes and
Federal agencies with respect to such
areas.
``(B) Permissible activities.--In addition
to the activities set forth under subparagraph
(A), a Manufacturing USA institute may carry
out such other activities as may be consistent
with the purposes set forth under subsection
(b)(2).
``(3) Additional manufacturing usa institutes.--
``(A) In general.--Except as provided in
subparagraph (C), the National Additive
Manufacturing Innovation Institute and other
manufacturing institutes formally recognized as
Manufacturing USA institutes pursuant to
Federal law or executive actions, or under
pending interagency review for such recognition
as of December 16, 2014, shall be considered
Manufacturing USA institutes for purposes of
this section.
``(B) Network participation.--Except as
provided in subparagraph (C), an institute that
is substantially similar to an institute
described by paragraphs (1) and (2) but does
not meet every element of such description and
does not receive financial assistance under
subsection (e) may, upon request of the
institute, be recognized as a Manufacturing USA
institute by the Secretary for purposes of
participation in the Network.
``(C) Applicability.--Effective beginning
on the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020,
an institute shall be treated as a
Manufacturing USA institute under this section
and subject to subsections (b)(2), (d), and (e)
in the same manner and to the same extent as
such provisions apply to a Manufacturing USA
institute described by paragraphs (1) and (2)
if such institute--
``(i)(I) is, as of such date of
enactment, considered a Manufacturing
USA institute under subparagraph (A) or
recognized as a Manufacturing USA
institute under subparagraph (B); and
``(II) as of such date of
enactment, receives Federal financial
assistance under subsection (e) or
otherwise consistent with the purposes
of this section;
``(ii) is under pending agency
review for such recognition as of such
date of enactment; or
``(iii) is currently funded by the
Department of Energy.
``(e) Financial Assistance to Establish and Support
Manufacturing USA Institutes.--
``(1) Financial assistance authorized.--Under the
Program, the Secretary and the Secretary of Energy
shall, and every other agency head may, award financial
assistance to a person or group of persons to assist
the person or group of persons in planning,
establishing, or supporting a Manufacturing USA
institute.
``(2) Period and renewal of awards.--
``(A) Initial periods.--An award of
financial assistance under paragraph (1) shall
be awarded for an initial period of not less
than 5 years and not more than 7 years.
``(B) Renewal of awards.--
``(i) Renewal authorized.--An award
of financial assistance under paragraph
(1) may be renewed for additional
periods, with each period not to exceed
the duration of the initial period of
the award, subject to a rigorous merit
review.
``(ii) Consideration of performance
standards.--In carrying out a rigorous
merit review under clause (i) for
renewal of an award under such clause
for a Manufacturing USA institute, an
agency head shall consider the extent
to which the institute has made
progress in meeting the standards of
performance established pursuant to
paragraph (5)(C).
``(iii) Initial failure to meet
performance standards.--If, pursuant to
a rigorous merit review under clause
(i) for renewal of an award under such
clause for a Manufacturing USA
institute, an agency head finds that
the institute does not meet the
standards for performance established
pursuant to paragraph (5)(C), the
agency head shall--
``(I) notify the institute
of any deficiencies in the
performance of the institute;
and
``(II) provide the
institute one year to remedy
such deficiencies.
``(iv) Further failure to meet
performance standards.--If a
Manufacturing USA institute fails to
remedy a deficiency identified or to
show significant improvement in
performance during the 1-year period
set forth under clause (iii)(II)--
``(I) the institute shall
not be eligible for renewed
award under clause (i); and
``(II) the agency head that
conducted the review for
renewal shall notify the
institute of such
ineligibility.
``(v) Continuation of existing
manufacturing usa institutes.--Not
withstanding clauses (i) through (iv),
a Manufacturing USA institute already
in existence or undergoing a renewal
process prior to December 1, 2019--
``(I) may continue to
receive support for the
duration of the original
funding award beginning on the
date of establishment of that
institute; and
``(II) shall be eligible
for renewal of that funding
pursuant to clause (i).
``(3) Application for financial assistance.--
``(A) In general.--A person or group of
persons seeking financial assistance under
paragraph (1) shall submit to an agency head an
application therefor at such time, in such
manner, and containing such information as the
agency head may require.
``(B) Requirements.--An application
submitted under subparagraph (A) for an
institute shall, at a minimum include the
following:
``(i) A description of the specific
sources and amounts of non-Federal
financial support for the institute on
the date financial assistance is
sought.
``(ii) A description of the
anticipated sources and amounts of non-
Federal financial support during the
period for which the institute could be
eligible for continued Federal
financial assistance under this
section.
``(4) Selection.--
``(A) Competitive, merit review.--In
awarding financial assistance under paragraph
(1), an agency head shall--
``(i) use a competitive, merit
review process that includes review by
a diverse group of individuals with
relevant expertise from both the
private and public sectors; and
``(ii) ensure that the technology
focus of a Manufacturing USA institute
does not substantially duplicate the
technology focus of any other
Manufacturing USA institute.
``(B) Participation in process.--
``(i) Prohibition on participation
by political appointees.--The review
required by subparagraph (A)(i) may not
include a review by a group of
individuals that includes a political
appointee.
``(ii) Conflict of interest
policies.--Each agency head shall
implement a conflict of interest policy
that--
``(I) ensures public
transparency and accountability
in the process used under
subparagraph (A)(i); and
``(II) requires full
disclosure of any real or
potential conflicts of interest
on the parts of individuals
that participate in the process
used under subparagraph (A)(i).
``(iii) Definition of political
appointee.--For purposes of this
subparagraph, the term `political
appointee' has the meaning given such
term in section 714(h) of title 38,
United States Code.
``(C) Considerations.--In selecting a
person or group of persons who submitted an
application to an agency head under paragraph
(3) for an award of financial assistance under
paragraph (1) for a Manufacturing USA
institute, the agency head shall consider, at a
minimum, the following:
``(i) The potential of the
Manufacturing USA institute to advance
domestic manufacturing and the
likelihood of economic impact,
including the creation or preservation
of jobs, in the predominant focus areas
of the institute.
``(ii) The commitment of continued
financial support, advice,
participation, and other contributions
from non-Federal sources, to provide
leverage and resources to promote a
stable and sustainable business model.
``(iii) Whether the financial
support provided to the Manufacturing
USA institute from non-Federal sources
exceeds the requested Federal financial
assistance.
``(iv) How the Manufacturing USA
institute will increase the non-Federal
investment in advanced manufacturing
research in the United States.
``(v) How the Manufacturing USA
institute will engage with small and
medium-sized manufacturing enterprises
to improve the capacity of such
enterprises to commercialize new
processes and technologies and to
improve the domestic supply chain.
``(vi) How the Manufacturing USA
institute will carry out educational
and workforce activities that meet
industrial needs related to the
predominant focus areas of the
institute.
``(vii) How the Manufacturing USA
institute will advance economic
competitiveness and generate
substantial benefits to the Nation that
extend beyond the direct return to
participants in the Program.
``(viii) Whether the predominant
focus of the Manufacturing USA
institute is a manufacturing process,
novel material, enabling technology,
supply chain integration methodology,
or other relevant aspect of advanced
manufacturing that has not already been
commercialized, marketed, distributed,
or sold by another entity.
``(ix) How the Manufacturing USA
institute will strengthen and leverage
the industrial, research,
entrepreneurship, and other assets of a
region.
``(x) How the Manufacturing USA
institute will encourage the education
and training of veterans and
individuals with disabilities.
``(5) Performance measurement, transparency, and
accountability.--For each award of financial assistance
under paragraph (1) by an agency head, the agency head
shall--
``(A) develop metrics to assess the
effectiveness of the activities funded in
making progress toward the purposes of the
Program set forth under subsection (b)(2),
including the effectiveness of Manufacturing
USA institutes in advancing technology
readiness levels or manufacturing readiness
levels;
``(B) establish standards for the
performance of Manufacturing USA institutes
that are based on the metrics developed under
subparagraph (A); and
``(C) for each Manufacturing USA institute
supported by the award, 5 years after the
initial award and every 5 years thereafter
until Federal financial assistance under this
subsection is discontinued, conduct an
assessment of the institute to confirm whether
the performance of the institute is meeting the
standards for performance established under
subparagraph (B).
``(6) Collaboration.--In awarding financial
assistance under paragraph (1), an agency head, in
coordination with the National Program Office, as the
agency head considers appropriate, may collaborate with
Federal departments and agencies whose missions
contribute to or are affected by advanced
manufacturing, including, as the agency head considers
appropriate, the Department of Agriculture, the
Department of Defense, the Department of Education, the
Department of Energy, the Department of Labor, the Food
and Drug Administration, the National Aeronautics and
Space Administration, the National Institutes of
Health, and the National Science Foundation.
``(7) Matching funds and preferences.--
``(A) In general.--Except as provided in
subparagraph (B), an agency head may not, with
respect to a Manufacturing USA institute, award
financial assistance under paragraph (1) or
renew an award of financial assistance under
paragraph (2) unless the agency head determines
that non-Federal funding comprises 50 percent
or more of the total amount of funding made
available for the operation and support of the
institute.
``(B) Waivers.--An agency head awarding
financial assistance under paragraph (1) with
respect to a Manufacturing USA institute may
waive the requirements of subparagraph (A) in
the case of satellite centers, large capital
facilities, equipment purchases, workforce
development, or general operations.
``(f) Grant Program for Public Service Activities for
Manufacturing USA Institutes Without Federal Funding.--The
Secretary may award a grant on a competitive basis to a
Manufacturing USA institute that is not receiving financial
assistance under subsection (e) to carry out workforce
development, outreach to small- and medium-sized manufacturers,
and other activities that--
``(1) are determined by the Secretary to be in the
national interest; and
``(2) are unlikely to receive private sector
financial support.
``(g) Authorization of Appropriations.--
``(1) NIST industrial technical services account.--
To the extent provided for in advance by appropriations
Acts, the Secretary may use amounts appropriated to the
Industrial Technical Services account to carry out this
section as follows:
``(A) For each of the fiscal years 2015
through 2019, an amount not to exceed
$5,000,000.
``(B) For each of fiscal years 2020 through
2030, such amounts as may be necessary to carry
out this section.
``(2) Department of energy.--There are authorized
to be appropriated to the Secretary of Energy for the
provision of financial assistance under subsection (e)
by the Department of Energy amounts as follows:
``(A) $70,000,000 for each of fiscal years
2020, 2021, and 2022.
``(B) $84,000,000 for each of fiscal years
2023 and 2024.
``(h) National Program Office.--
``(1) Establishment.--The Secretary shall
establish, within the Institute, the National Office of
the Manufacturing USA Network (referred to in this
section as the `National Program Office'), which shall
oversee and carry out the Program.
``(2) Functions.--The functions of the National
Program Office are--
``(A) to oversee the planning, management,
and coordination of the Program;
``(B) to coordinate with and, as
appropriate, enter into memorandums of
understanding with Federal departments and
agencies whose missions contribute to or are
affected by advanced manufacturing, including
the Department of Agriculture, the Department
of Defense, the Department of Education, the
Department of Energy, the Department of Labor,
the Food and Drug Administration, the National
Aeronautics and Space Administration, the
National Institutes of Health, and the National
Science Foundation, to carry out the purposes
set forth under subsection (b)(2);
``(C) to develop, not later than December
16, 2015, and update not less frequently than
once every 3 years thereafter, a strategic plan
to guide the Program;
``(D) to establish such procedures,
processes, and criteria as may be necessary and
appropriate to maximize cooperation and
coordinate the activities of the Program with
programs and activities of other Federal
departments and agencies whose missions
contribute to or are affected by advanced
manufacturing;
``(E) to establish a clearinghouse of
public information related to the activities of
the Program;
``(F) to act as a convener of the Network;
``(G) to work with Federal agencies that
are not sponsoring or supporting a
Manufacturing USA institute to explore and
develop options for sponsoring or supporting a
Manufacturing USA institute;
``(H) to work with Federal agencies that
are sponsoring or supporting a Manufacturing
USA institute to develop and implement network-
wide performance goals with measurable targets
and timelines;
``(I) to help develop pilot programs that
may be implemented by the Manufacturing USA
institutes to address specific purposes of the
Program, including to accelerate technology
transfer to the private sector and to develop
entrepreneurship programs;
``(J) to provide support services to
promote workforce development activities;
``(K) to identify and disseminate best
practices for workforce education and training
across the Network and further enhance
collaboration among Manufacturing USA
institutes in developing and implementing such
practices;
``(L) to collaborate with the Department of
Labor, the Department of Education, industry,
career and technical education schools, local
community colleges, universities, and labor
organizations to provide input, as appropriate,
for the development of national certifications
for advanced manufacturing workforce skills in
the technology areas of the Manufacturing USA
institutes; and
``(M) to coordinate with Manufacturing USA
institutes to develop best practices for the
membership agreements and coordination of
similar project solicitations.
``(3) Recommendations.--In developing and updating
the strategic plan under paragraph (2)(C), the
Secretary shall solicit recommendations and advice from
a wide range of stakeholders, including industry, small
and medium-sized manufacturing enterprises, research
universities, community colleges, State, Tribal, and
local governments, and other relevant organizations and
institutions on an ongoing basis.
``(4) Report to congress.--Upon completion, the
Secretary shall transmit the strategic plan required
under paragraph (2)(C) to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the
House of Representatives.
``(5) Hollings manufacturing extension
partnership.--
``(A) In general.--The Secretary shall
ensure that the National Program Office
leverages the capabilities of the Hollings
Manufacturing Extension Partnership into
Program planning to ensure--
``(i) significant outreach to,
participation of, and engagement of
small- and medium-sized manufacturers
in Manufacturing USA institutes across
the entirety of the manufacturing
supply chain; and
``(ii) that the results of the
Program, including technologies
developed by the Program, reach small-
and medium-sized manufacturers and that
such entities have access to technical
assistance, as appropriate, in
deploying those technologies.
``(B) Liaisons.--The Secretary may provide
financial assistance to a manufacturing
extension center established as part of the
Hollings Manufacturing Extension Partnership to
support the purposes of the Program by
providing services in one or more of the
following areas:
``(i) Support services for small-
and medium-sized manufacturers, that
many include the designation of a
liaison.
``(ii) Assistance with workforce
development.
``(iii) Technology transfer for
small and medium-sized manufacturers.
``(iv) Such other areas as the
Secretary determines appropriate to
support the purposes of the Program.
``(6) Detailees.--Any Federal Government employee
may be detailed to the National Program Office without
reimbursement. Such detail shall be without
interruption or loss of civil service status or
privilege.
``(i) Reporting and Auditing.--
``(1) Annual reports to the secretary.--
``(A) In general.--Not less frequently than
once each year, each agency head that is
providing financial assistance under subsection
(e) shall--
``(i) require each recipient of
such financial assistance submit to the
agency head a report that describes the
finances and performance of the
Manufacturing USA institute with
respect to which the financial
assistance is awarded; and
``(ii) submit to the Secretary each
report received by the agency head
under clause (i).
``(B) Elements.--Each report submitted
under subparagraph (A) shall include:
``(i) an accounting of expenditures
of amounts awarded to the recipient
under subsection (e); and
``(ii) consistent with the
standards for performance established
under subsection (e)(5)(B), a
description of the performance of the
Manufacturing USA institute with
respect to--
``(I) its goals, plans,
financial support, and
accomplishments; and
``(II) how the
Manufacturing USA institute has
furthered the purposes set
forth under subsection (b)(2).
``(2) Annual reports to congress.--
``(A) In general.--Not less frequently than
once each year until December 31, 2030, the
Secretary shall submit a report to Congress
that describes the performance of the Program
during the most recent 1-year period.
``(B) Elements.--Each report submitted
under subparagraph (A) shall include, for the
period covered by the report--
``(i) a summary and assessment of
the reports received by the Secretary
under paragraph (1);
``(ii) an accounting of the funds
expended by the Secretary under the
Program, including any waivers made
under subsection (e)(7)(B);
``(iii) an assessment of the
participation in, and contributions to,
the Network by any Manufacturing USA
institutes not receiving financial
assistance under subsection (e); and
``(iv) an assessment of the Program
with respect to meeting the purposes
set forth under subsection (b)(2).
``(3) Assessments by comptroller general of the
united states.--
``(A) Assessments.--Not less frequently
than once every 3 years, the Comptroller
General of the United States shall submit to
Congress an assessment of the operation of the
Program during the most recent 3-year period,
including an assessment of the progress made
towards achieving the goals specified in the
national strategic plan for advanced
manufacturing required under section 102(b)(7)
of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6622(b)(7)).
``(B) Elements.--Each assessment submitted
under subparagraph (A) shall include, for the
period covered by the report--
``(i) a review of the management,
coordination, and industry utility of
the Program;
``(ii) an assessment of the extent
to which the Program has furthered the
purposes set forth under subsection
(b)(2);
``(iii) such recommendations for
legislative and administrative action
as the Comptroller General considers
appropriate to improve the Program; and
``(iv) an assessment as to whether
any prior recommendations for
improvement made by the Comptroller
General have been implemented or
adopted.
``(C) Final assessment.--No later than
December 31, 2030, the Comptroller General
shall submit to Congress a final report
regarding the overall success of the Program.
``(j) Additional Authorities.--
``(1) Appointment of personnel and contracts.--The
Secretary may appoint such personnel and enter into
such contracts, financial assistance agreements, and
other agreements as the Secretary considers necessary
or appropriate to carry out the Program, including
support for research and development activities
involving a Manufacturing USA institute.
``(2) Transfer of funds.--Of amounts available
under the authority provided by subsection (g), the
Secretary may transfer to other Federal agencies such
sums as the Secretary considers necessary or
appropriate to carry out the Program. No funds so
transferred may be used to reimburse or otherwise pay
for the costs of financial assistance incurred or
commitments of financial assistance made prior to
December 16, 2014.
``(3) Authority of other agencies.--In the event
that the Secretary exercises the authority to transfer
funds to another agency under paragraph (2), such
agency may accept such funds to award and administer,
under the same conditions and constraints applicable to
the Secretary, all aspects of financial assistance
awards under this section.
``(4) Use of resources.--In furtherance of the
purposes of the Program, the Secretary may use, with
the consent of a covered entity and with or without
reimbursement, the land, services, equipment,
personnel, and facilities of such covered entity.
``(5) Acceptance of resources.--In addition to
amounts appropriated to carry out the Program, the
Secretary may accept funds, services, equipment,
personnel, and facilities from any covered entity to
carry out the Program, subject to the same conditions
and constraints otherwise applicable to the Secretary
under this section and such funds may only be obligated
to the extent provided for in advance by appropriations
Acts.
``(6) Covered entities.--For purposes of this
subsection, a covered entity is any Federal department,
Federal agency, instrumentality of the United States,
State, local government, Tribal government, territory,
or possession of the United States, or of any political
subdivision thereof, or international organization, or
any public or private entity or individual.
``(7) Collaborations with other agencies.--The
Secretary shall collaborate with Federal agencies whose
missions contribute to, or are affected by, advanced
manufacturing to identify and leverage existing
resources at such Federal agencies to assist
Manufacturing USA institutes in carrying out the
purposes of the Program set forth under subsection
(b)(2). Such existing resources may include programs--
``(A) at the Department of Labor relating
to labor and apprenticeships;
``(B) at the Economic Development
Administration relating to regional innovation,
such as the Regional Innovation Strategies
program;
``(C) at the Department of Education
relating to workforce development, education,
training, and retraining;
``(D) at the Department of Defense relating
to procurement and other authorities of the
Department of Defense;
``(E) at the Food and Drug Administration
relating to biopharmaceutical manufacturing;
``(F) at the National Science Foundation,
including the Advanced Technological Education
program;
``(G) at the National Aeronautics and Space
Administration relating to procurement,
workforce development, education, training, and
retraining;
``(H) at the Department of Energy relating
to development of clean energy technologies and
other authorities of the Department of Energy;
``(I) at the Department of Agriculture
relating to outreach to rural communities;
``(J) additional programs that the
Secretary determines are appropriate to support
the activities of existing Manufacturing USA
institutes; and
``(K) additional programs that the
Secretary determines are appropriate to support
the activities of existing Manufacturing USA
institutes.
``(k) Patents.--Chapter 18 of title 35, United States Code,
shall apply to any funding agreement (as defined in section 201
of that title) awarded to new or existing Manufacturing USA
institutes with respect to which financial assistance is
awarded under subsection (e).
``(l) References to Prior Names and Terminology.--Any
reference in law, regulation, map, document, paper, or other
record of the United States to the `Network for Manufacturing
Innovation Program', the `Network for Manufacturing
Innovation', `National Office of the Network for Manufacturing
Innovation Program', or a `center for manufacturing innovation'
shall be considered to be a reference to the Manufacturing USA
Program, the Manufacturing USA Network, the National Office of
the Manufacturing USA Network, or a Manufacturing USA
institute, respectively.''.
(b) Expansion of Manufacturing USA Network.--Subject to the
availability of appropriations, the Secretary of Commerce shall
take such actions as may be necessary to increase the number of
Manufacturing USA institutes that participate in the
Manufacturing USA Network.
SEC. 1742. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible
recipient' means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision
of a State;
``(D) an entity that--
``(i) is a nonprofit organization,
an institution of higher education, a
public-private partnership, a science
or research park, a Federal laboratory,
a venture development organization, or
an economic development organization or
similar entity that is focused
primarily on improving science,
technology, innovation, or
entrepreneurship; and
``(ii) has an application submitted
under subsection (c)(4) that is
supported by a State or a political
subdivision of a State; or
``(E) a consortium of any of the entities
described in subparagraphs (A) through (D).
``(2) Regional innovation initiative.--The term
`regional innovation initiative' means a
geographically-bounded public or nonprofit activity or
program to address issues in the local innovation
systems in order to--
``(A) increase the success of innovation-
driven industry;
``(B) strengthen the competitiveness of
industry through new product innovation and new
technology adoption;
``(C) improve the pace of market readiness
and overall commercialization of innovative
research;
``(D) enhance the overall innovation
capacity and long-term resilience of the
region;
``(E) leverage the region's unique
competitive strengths to stimulate innovation;
and
``(F) increase the number of full-time
equivalent employment opportunities within
innovation-based business ventures in the
geographic region.
``(3) State.--The term `State' means one of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or any
other territory or possession of the United States.
``(4) Venture development organization.--The term
`venture development organization' means a State or
nonprofit organization that contributes to regional or
sector-based economic prosperity by providing services
for the purposes of accelerating the commercialization
of research.
``(b) Establishment.--The Secretary shall establish a
regional innovation program to encourage and support the
development of regional innovation strategies designed to
increase innovation-driven economic opportunity within their
respective regions.
``(c) Regional Innovation Grants.--
``(1) Authorization of grants.--As part of the
program established pursuant to subsection (b), the
Secretary may award grants, on a competitive basis, to
eligible recipients for activities designed to develop
and support a regional innovation initiative.
``(2) Permissible activities.--A grant awarded
under this subsection shall be used for multiple
activities determined appropriate by the Secretary,
including--
``(A) planning, technical assistance, and
communication among participants of a regional
innovation initiative to improve the
connectedness and strategic orientation of the
regional innovation initiative;
``(B) attracting additional participants to
a regional innovation initiative;
``(C) increasing the availability and
investment of private and philanthropic
financing that supports innovation-based
business ventures; and
``(D) facilitating commercialization of
products, processes, and services, including
through demonstration, deployment, technology
transfer, and entrepreneurial activities.
``(3) Restricted activities.--Grants awarded under
this subsection may not be used to pay for--
``(A) costs related to the recruitment,
inducement, or associated financial or tangible
incentives that might be offered to relocate an
existing business from a geographic area to
another geographic area; or
``(B) costs associated with offsetting
revenues forgone by 1 or more taxing
authorities through tax incentives, tax
increment financing, special improvement
districts, tax abatements for private
development within designated zones or
geographic areas, or other reduction in
revenues resulting from tax credits affecting
the geographic region of the eligible
recipients.
``(4) Applications.--
``(A) In general.--An eligible recipient
shall submit an application to the Secretary at
such time, in such manner, and containing such
information and assurances as the Secretary may
require.
``(B) Components.--Each application
submitted under subparagraph (A) shall--
``(i) describe the regional
innovation initiative;
``(ii) indicate whether the
regional innovation initiative is
supported by the private sector, State
and local governments, and other
relevant stakeholders;
``(iii) identify what activities
the regional innovation initiative will
undertake;
``(iv) describe the expected
outcomes of the regional innovation
initiative and the metrics the eligible
recipient will use to assess progress
toward those outcomes;
``(v) indicate whether the
participants in the regional innovation
initiative have access to, or
contribute to, a well-trained workforce
and other innovation assets that are
critical to the successful outcomes
specified in the application;
``(vi) indicate whether the
participants in the regional innovation
initiative are capable of attracting
additional funds from non-Federal
sources; and
``(vii) if appropriate for the
activities proposed in the application,
analyze the likelihood that the
participants in the regional innovation
initiative will be able to sustain
activities after grant funds received
under this subsection have been
expended.
``(C) Feedback.--The Secretary shall
provide feedback to program applicants that are
not awarded grants to help them improve future
applications.
``(D) Special considerations.--The
Secretary shall give special consideration to--
``(i) applications proposing to
include workforce or training related
activities in their regional innovation
initiative from eligible recipients who
agree to collaborate with local
workforce investment area boards; and
``(ii) applications from regions
that contain communities negatively
impacted by trade.
``(5) Cost share.--The Secretary may not provide
more than 50 percent of the total cost of any activity
funded under this subsection.
``(6) Outreach to rural communities.--The Secretary
shall conduct outreach to public and private sector
entities in rural communities to encourage those
entities to participate in regional innovation
initiatives under this subsection.
``(7) Geographic distribution.--In conducting a
competitive process, the Secretary shall avoid undue
geographic concentration among any one category of
States based on their predominant rural or urban
character as indicated by population density.
``(8) Funding.--The Secretary may accept funds from
other Federal agencies to support grants and activities
under this subsection.
``(d) Regional Innovation Research and Information
Program.--
``(1) In general.--As part of the program
established pursuant to subsection (b), the Secretary
shall establish a regional innovation research and
information program--
``(A) to gather, analyze, and disseminate
information on best practices for regional
innovation initiatives, including information
relating to how innovation, productivity, and
economic development can be maximized through
such strategies;
``(B) to provide technical assistance,
including through the development of technical
assistance guides, for the development and
implementation of regional innovation
initiatives;
``(C) to support the development of
relevant metrics and measurement standards to
evaluate regional innovation initiatives,
including the extent to which such strategies
stimulate innovation, productivity, and
economic development; and
``(D) to collect and make available data on
regional innovation initiatives in the United
States, including data on--
``(i) the size, specialization, and
competitiveness of regional innovation
initiatives;
``(ii) the regional domestic
product contribution, total jobs and
earnings by key occupations,
establishment size, nature of
specialization, patents, Federal
research and development spending, and
other relevant information for regional
innovation initiatives; and
``(iii) supply chain product and
service flows within and between
regional innovation initiatives.
``(2) Research grants.--The Secretary may award
research grants on a competitive basis to support and
further the goals of the program established under this
section.
``(3) Dissemination of information.--Data and
analysis compiled by the Secretary under the program
established in this subsection shall be made available
to other Federal agencies, State and local governments,
and nonprofit and for-profit entities.
``(4) Regional innovation grant program.--The
Secretary shall incorporate data and analysis relating
to any grant awarded under subsection (c) into the
program established under this subsection.
``(e) Interagency Coordination.--
``(1) In general.--To the maximum extent
practicable, the Secretary shall ensure that the
activities carried out under this section are
coordinated with, and do not duplicate the efforts of,
other programs at the Department of Commerce or at
other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall
explore and pursue collaboration with other
Federal agencies, including through multi-
agency funding opportunities, on regional
innovation strategies.
``(B) Small businesses.--The Secretary
shall ensure that such collaboration with
Federal agencies prioritizes the needs and
challenges of small businesses.
``(f) Evaluation.--
``(1) In general.--Not later than 5 years after
Congress first appropriates funds to carry out this
section, the Secretary shall competitively award a
contract with an independent entity to conduct an
evaluation of programs established under this section.
``(2) Requirements.--The evaluation conducted under
paragraph (1) shall include--
``(A) an assessment of whether the program
is achieving its goals;
``(B) the program's efficacy in providing
awards to geographically diverse entities;
``(C) any recommendations for how the
program may be improved; and
``(D) a recommendation as to whether the
program should be continued or terminated.
``(g) Reporting Requirement.--Not later than 5 years after
the first grant is awarded under subsection (c), and every 5
years thereafter until 5 years after the last grant recipient
completes the regional innovation initiative for which such
grant was awarded, the Secretary shall submit a summary report
to Congress that describes the outcome of each regional
innovation initiative that was completed during the previous 5
years.
``(h) Funding.--From amounts appropriated by Congress to
the Secretary, the Secretary may use up to $50,000,000 in each
of the fiscal years 2020 through 2024 to carry out this
section.''.
SEC. 1743. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (C), by striking ``or'' after
the semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) an organization representing aircraft
users, aircraft owners, or aircraft pilots.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the FAA
Reauthorization Act of 2018 (Public Law 115-254).
SEC. 1744. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS.
(a) Review of Execute Orders.--Not later than 30 days after
receiving a written request by the Chairman or Ranking Member
of a congressional defense committee, the Secretary of Defense
shall provide the committee, including appropriately designated
staff of the committee, with--
(1) an execute order approved by the Secretary or
the commander of a combatant command for review; and
(2) a detailed briefing on such execute order.
(b) Exception.--
(1) In general.--In extraordinary circumstances
necessary to protect operations security or the
sensitivity of the execute order, the Secretary may
limit review of an execute order. A determination that
extraordinary circumstances exist for purposes of this
paragraph may only be made by the Secretary and the
decision to limit the review of an execute order may
not be delegated.
(2) Summary and other information.--In
extraordinary circumstances described in paragraph (1)
with respect to an execute order, within 30 days of
receiving a written request under subsection (a), the
Secretary shall provide to the committee concerned,
including appropriately designated staff of the
committee--
(A) a written explanation of the
extraordinary circumstances that led to the
determination by the Secretary to limit review
of the execute order; and
(B) a detailed summary of the execute order
and other information necessary for the conduct
of the oversight duties of the committee.
(c) Quarterly Report.--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 fiscal year 2021 and every 90 days thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a comprehensive report identifying and summarizing
all execute orders approved by the Secretary or the commander
of a combatant command in effect for the Department of Defense
as of the date of the report.
SEC. 1745. PROCESSES AND PROCEDURES FOR NOTIFICATIONS REGARDING SPECIAL
OPERATIONS FORCES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish and submit to the congressional defense committees
processes and procedures for providing notifications to the
committees regarding members of special operations forces, as
identified in section 167(j) of title 10, United States Code.
(b) Processes and Procedures.--The processes and procedures
established under subsection (a) shall--
(1) clarify the roles and responsibilities of the
Secretaries of the military departments, the Assistant
Secretary of Defense for Special Operations and Low
Intensity Conflict, and the Commander of United States
Special Operations Command;
(2) provide guidance relating to the types of
matters that would warrant congressional notification,
including awards, reprimands, incidents, and any other
matters the Secretary determines necessary;
(3) be consistent with the national security of the
United States;
(4) be designed to protect sensitive information
during an ongoing investigation;
(5) account for the privacy of members of the Armed
Forces; and
(6) take in to account existing processes and
procedures for notifications to the congressional
defense committees regarding members of the
conventional Armed Forces.
SEC. 1746. SECURING AMERICAN SCIENCE AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) In general.--The Director of the Office of
Science and Technology Policy, acting through the
National Science and Technology Council, in
consultation with the National Security Advisor, shall
establish or designate an interagency working group to
coordinate activities to protect federally funded
research and development from foreign interference,
cyber attacks, theft, or espionage and to develop
common definitions and best practices for Federal
science agencies and grantees, while accounting for the
importance of the open exchange of ideas and
international talent required for scientific progress
and American leadership in science and technology.
(2) Membership.--
(A) In general.--The working group shall
include at least one representative of--
(i) the National Science
Foundation;
(ii) the Department of Energy;
(iii) the National Aeronautics and
Space Administration;
(iv) the Department of Commerce;
(v) the Department of Health and
Human Services;
(vi) the Department of Defense;
(vii) the Department of
Agriculture;
(viii) the Department of Education;
(ix) the Department of State;
(x) the Department of the Treasury;
(xi) the Department of Justice;
(xii) the Department of Homeland
Security;
(xiii) the Central Intelligence
Agency;
(xiv) the Office of the Director of
National Intelligence;
(xv) the Office of Management and
Budget;
(xvi) the National Economic
Council; and
(xvii) such other Federal
department or agency as the President
considers appropriate.
(B) Chair.--The working group shall be
chaired by the Director of the Office of
Science and Technology Policy (or the
Director's designee).
(3) Responsibilities of the working group.--The
working group established under paragraph (1) shall--
(A) identify known and potential cyber,
physical, and human intelligence threats and
vulnerabilities within the United States
scientific and technological enterprise;
(B) coordinate efforts among agencies to
share and update important information,
including specific examples of foreign
interference, cyber attacks, theft, or
espionage directed at federally funded research
and development or the integrity of the United
States scientific enterprise;
(C) identify and assess existing mechanisms
for protection of federally funded research and
development;
(D) develop an inventory of--
(i) terms and definitions used
across Federal science agencies to
delineate areas that may require
additional protection; and
(ii) policies and procedures at
Federal science agencies regarding
protection of federally funded
research; and
(E) develop and periodically update
unclassified recommendations for policy
guidance to assist Federal science agencies and
grantees in defending against threats to
federally funded research and development and
the integrity of the United States scientific
enterprise that--
(i) includes--
(I) descriptions of known
and potential threats to
federally funded research and
development and the integrity
of the United States scientific
enterprise;
(II) common definitions and
terminology for categorization
of research and technologies
that are protected;
(III) identified areas of
research or technology that
might require additional
protection;
(IV) recommendations for
how control mechanisms can be
utilized to protect federally
funded research and development
from foreign interference,
cyber attacks, theft or
espionage, including any
recommendations for updates to
existing control mechanisms;
(V) recommendations for
best practices for Federal
science agencies, universities,
and grantees to defend against
threats to federally funded
research and development,
including coordination and
harmonization of any relevant
reporting requirements that
Federal science agencies
implement for grantees, and by
providing such best practices
with grantees and universities
at the time of awarding such
grants or entering into
research contracts;
(VI) a remediation plan for
grantees and universities to
mitigate the risks regarding
such threats before research
grants or contracts are
cancelled because of such
threats;
(VII) recommendations for
providing opportunities and
facilities for academic
researchers to perform
controlled and classified
research in support of Federal
missions;
(VIII) assessments of
potential consequences that any
proposed practices would have
on international collaboration
and United States leadership in
science and technology; and
(IX) a classified addendum
as necessary to further inform
Federal science agency
decisionmaking; and
(ii) accounts for the range of
needs across different sectors of the
United States science and technology
enterprise.
(4) Policy guidance.--Not later than 270 days after
the date of the enactment of this Act, the Director of
the Office of Science and Technology Policy, in
consultation with the working group established under
paragraph (1), shall--
(A) develop and issue policy guidance to
Federal science agencies with more than
$100,000,000 in extramural research in fiscal
year 2018 to protect against threats to
federally funded research and the United States
science enterprise, including foreign
interference, cyber attacks, theft, or
espionage; and
(B) encourage consistency in the policies
developed by Federal science agencies with more
than $100,000,000 in extramural research in
fiscal year 2018, as appropriate, and factoring
in the potential range of applications across
different areas of science and technology.
(5) Coordination with national academies
roundtable.--The Director of the Office of Science and
Technology Policy shall coordinate with the Academies
to ensure that at least one member of the interagency
working group is also a member of the roundtable under
subsection (b).
(6) Interim report.--Not later than six months
after the date of enactment of this Act, the Director
of the Office of Science and Technology Policy shall
provide a report to the relevant committees that
includes the inventory required under paragraph (3)(D),
and an update on progress toward developing the policy
guidance required under paragraphs (3)(E) and (4), as
well as any additional activities undertaken by the
working group in that time.
(7) Biennial reporting.--Two years after the date
of enactment of this Act, and at least every two years
thereafter, the Director of the Office of Science and
Technology Policy shall provide a summary report to the
relevant committees on the activities of the working
group and the most current version of the policy
guidance required under paragraph (4).
(8) Termination.--The working group established or
designated under paragraph (1) shall terminate on the
date that is ten years after the date on which such
working group is established or designated.
(b) National Academies Science, Technology and Security
Roundtable.--
(1) In general.--The National Science Foundation,
the Department of Energy, and the Department of
Defense, and any other agencies as determined by the
Director of the Office of Science and Technology
Policy, shall enter into a joint agreement with the
Academies to create a new ``National Science,
Technology, and Security Roundtable'' (hereinafter in
this subsection referred to as the ``roundtable'').
(2) Participants.--The roundtable shall include
senior representatives and practitioners from Federal
science, intelligence, and national security agencies,
law enforcement, as well as key stakeholders in the
United States scientific enterprise including
institutions of higher education, Federal research
laboratories, industry, and non-profit research
organizations.
(3) Purpose.--The purpose of the roundtable is to
facilitate among participants--
(A) exploration of critical issues related
to protecting United States national and
economic security while ensuring the open
exchange of ideas and international talent
required for scientific progress and American
leadership in science and technology;
(B) identification and consideration of
security threats and risks involving federally
funded research and development, including
foreign interference, cyber attacks, theft, or
espionage;
(C) identification of effective approaches
for communicating the threats and risks
identified in subparagraph (b) to the academic
and scientific community, including through the
sharing of unclassified data and relevant case
studies;
(D) sharing of best practices for
addressing and mitigating the threats and risks
identified in subparagraph (B); and
(E) examination of potential near- and
long-term responses by the Government and the
academic and scientific community to mitigate
and address the risks associated with foreign
threats.
(4) Report and briefing.--The joint agreement under
paragraph (1) shall specify that--
(A) the roundtable shall periodically
organize workshops and issue publicly available
reports on the topics described in paragraph
(3) and the activities of the roundtable;
(B) not later than March 1, 2020, the
Academies shall provide a briefing to the
relevant committees on the progress and
activities of the roundtable; and
(C) the Academies shall issue a final
report on its activities to the relevant
committees before the end of fiscal year 2024.
(5) Termination.--The roundtable shall terminate on
September 30, 2024.
(c) Definitions.--In this section:
(1) The term ``Academies'' means the National
Academies of Science, Engineering and Medicine.
(2) The term ``Federal science agency'' means any
Federal agency with at least $100,000,000 in basic and
applied research obligations in fiscal year 2018.
(3) The term ``grantee'' means an entity that is--
(A) a recipient or subrecipient of a
Federal grant or cooperative agreement; and
(B) an institution of higher education or a
non-profit organization.
(4) The term ``relevant committees'' means--
(A) the Committee on Science, Space, and
Technology of the House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Armed Services of the
House of Representatives;
(D) the Committee on Armed Services of the
Senate; and
(E) the Committee on Homeland Security and
Governmental Affairs of the Senate.
SEC. 1747. STANDARDIZED POLICY GUIDANCE FOR CALCULATING AIRCRAFT
OPERATION AND SUSTAINMENT COSTS.
Not later than 270 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Director of Cost Analysis
and Program Evaluation and in consultation with the Secretary
of each of the military services, shall develop and implement
standardized policy guidance for calculating aircraft operation
and sustainment costs for the Department of Defense. Such
guidance shall provide for a standardized calculation of--
(1) aircraft cost per flying hour;
(2) aircraft cost per aircraft tail per year;
(3) total cost of ownership per flying hour for
aircraft systems;
(4) average annual operation and sustainment cost
per aircraft; and
(5) any other cost metrics the Under Secretary of
Defense determines appropriate.
SEC. 1748. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of Transportation, and the Secretary of State, shall
jointly establish a Special Federal Aviation Regulation (in
this section referred to as the ``SFAR'') interagency working
group to review the current options for the Department of
Defense to use contracted United States civil aviation to
provide support for Department of Defense missions in areas
where a Federal Aviation Administration SFAR is in effect.
(b) Duties.--The working group shall--
(1) analyze all options currently available for the
Department of Defense to use contracted United States
civil aviation to provide support for Department of
Defense missions in areas where a Federal Aviation
Administration SFAR is in effect;
(2) review existing processes of the Department of
Defense, the Federal Aviation Administration, and the
Department of State, with respect to the Department of
Defense's use of contracted United States civil
aviation in areas where a Federal Aviation
Administration SFAR is in effect;
(3) identify any issues, inefficiencies, or
concerns with the existing options and processes,
including safety of flight, legal considerations,
mission delivery, and security considerations; and
(4) develop recommendations, if any, to improve
existing processes or expand the options available for
the Department of Defense to use contracted United
States civil aviation to provide support to Department
of Defense missions in areas where a Federal Aviation
Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the
Secretary of Transportation, and the Secretary of State
shall each appoint not more than 5 members to the
working group with expertise in civil aviation safety,
state aircraft operations, the provision of contracted
aviation support to the Department of Defense, and the
coordination of such efforts between the Department of
Defense, the Department of State, and the Federal
Aviation Administration. The 5 members appointed by the
Secretary of Transportation shall include at least 3
members from the Federal Aviation Administration.
(2) Qualifications.--All working group members
shall be full-time employees of the Federal Government
with appropriate security clearances to allow
discussion of all classified information and materials
necessary to fulfill the working group's duties
pursuant to subsection (b).
(d) Report.--Not later than 1 year after the date it is
established, the working group shall submit a report on its
findings and any recommendations developed pursuant to
subsection (b) to the congressional defense committees, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days
after the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions
apply:
(1) The term ``United States civil aviation''
means--
(A) United States air carriers and United
States commercial operators;
(B) persons exercising the privileges of an
airman certificate issued by the FAA, except
such persons operating United States-registered
aircraft for a foreign air carrier; and
(C) operators of civil aircraft registered
in the United States, except where the operator
of such aircraft is a foreign air carrier.
(2) The term ``Federal Aviation Administration
SFAR'' means the Special Federal Aviation Regulation
included under subpart M of part 91 of title 14, Code
of Federal Regulations.
SEC. 1749. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY.
(a) Prohibition on Names Related to the Confederacy.--In
naming a new asset or renaming an existing asset, the Secretary
of Defense or the Secretary of a military department may not
give a name to an asset that refers to, or includes a term
referring to, the Confederate States of America (commonly
referred to as the ``Confederacy''), including any name
referring to--
(1) a person who served or held leadership within
the Confederacy; or
(2) a Confederate battlefield victory.
(b) Asset Defined.--In this section, the term ``asset''
includes any base, installation, facility, aircraft, ship,
equipment, or any other property owned or controlled by the
Department of Defense or a military department.
(c) Savings Clause.--Nothing in this section may be
construed as requiring a Secretary concerned to initiate a
review of previously named assets.
SEC. 1750. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense, the Secretary
of Defense may contribute up to $5,000,000 to support the
National Maritime Heritage Grants Program established under
section 308703 of title 54, United States Code.
SEC. 1751. SUPPORT FOR WORLD LANGUAGE ADVANCEMENT AND READINESS.
(a) Program Authority.--
(1) In general.--The Secretary of Defense, in
consultation with the Director of National Intelligence
and the Secretary of Education, may carry out a program
under which the Secretary may provide support to
eligible entities for the establishment, improvement,
or expansion of world language study for elementary
school and secondary school students.
(2) Special requirements for local educational
agencies.--In providing support under paragraph (1) to
an eligible entity that is a local educational agency,
the Secretary of Defense shall support programs that--
(A) show the promise of being continued
after such support is no longer available;
(B) demonstrate approaches that can be
disseminated to and duplicated in other local
educational agencies; and
(C) may include a professional development
component.
(3) Applications.--
(A) In general.--To be considered for
support under paragraph (1), an eligible entity
shall submit an application to the Secretary of
Defense at such time, in such manner, and
containing such information and assurances as
the Secretary may require.
(B) Special consideration.--The Secretary
of Defense shall give special consideration to
applications describing programs that--
(i) include intensive summer world
language programs for professional
development of world language teachers;
(ii) link nonnative English
speakers in the community with the
schools in order to promote two-way
language learning;
(iii) promote the sequential study
of a world language for students,
beginning in elementary schools;
(iv) make effective use of
technology, such as computer-assisted
instruction, language laboratories, or
distance learning, to promote world
language study;
(v) promote innovative activities,
such as dual language immersion,
partial world language immersion, or
content-based instruction; and
(vi) are carried out through a
consortium comprised of the eligible
entity receiving the grant, an
elementary school or secondary school,
and an institution of higher education
(as that term is defined in section 101
of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity''
means the following:
(A) A local educational agency that hosts a
unit of the Junior Reserve Officers' Training
Corps.
(B) A school operated by the Department of
Defense Education Activity.
(2) Esea terms.--The terms ``elementary school'',
``local educational agency'' and ``secondary school''
have the meanings given the terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(3) World language.--The term ``world language''
means--
(A) any natural language other than
English, including--
(i) languages determined by the
Secretary of Defense to be critical to
the national security interests of the
United States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph
(A) that is taught in combination with English
as part of a dual language or immersion
learning program.
SEC. 1752. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance
to the national security interests of the United States
and the Department of Defense must better align its
presence, force posture, and capabilities to meet the
growing array of challenges in the region; and
(2) although much progress has been made to
increase awareness of Arctic issues and to promote
increased presence in the region, additional measures,
including the designation of one or more strategic
Arctic ports, are needed to show the commitment of the
United States to this emerging strategic choke point of
future great power competition.
(b) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, the Commanding General of the United
States Army Corps of Engineers, the Commandant of the
Coast Guard, and the Administrator of the Maritime
Administration, shall submit to the congressional
defense committees a report evaluating potential sites
for one or more strategic ports in the Arctic.
(2) Elements.--Consistent with the updated military
strategy for the protection of United States national
security interests in the Arctic region set forth in
the report required under section 1071 of the National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 114-92; 129 Stat. 992), the report required under
paragraph (1) shall include--
(A) an evaluation of the amount of
sufficient and suitable space needed to create
capacity for port and other necessary
infrastructure for at least one of each of type
of Navy or Coast Guard vessel, including an
Arleigh Burke class destroyer of the Navy, a
national security cutter, and a heavy polar ice
breaker of the Coast Guard;
(B) an evaluation of the amount of
sufficient and suitable space needed to create
capacity for equipment and fuel storage,
technological infrastructure, and civil
infrastructure to support military and civilian
operations, including--
(i) aerospace warning;
(ii) maritime surface and
subsurface warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil
authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and
evacuation; and
(xii) meteorological measurements
and forecasting;
(C) an identification of proximity and road
access required to an airport designated as a
commercial service airport by the Federal
Aviation Administration that is capable of
supporting military and civilian aircraft for
operations designated in subparagraph (B);
(D) a description of the requirements, to
include infrastructure and installations,
communications, and logistics necessary to
improve response effectiveness to support
military and civilian operations described in
subparagraph (B);
(E) an identification of the sites that the
Secretary recommends as potential sites for
designation as Department of Defense Strategic
Arctic Ports;
(F) the estimated cost of sufficient
construction necessary to initiate and sustain
expected operations at such sites; and
(G) such other information as the Secretary
deems relevant.
(c) Designation of Strategic Arctic Ports.--Not later than
90 days after the date on which the report required under
subsection (b) is submitted, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, may designate one
or more ports as Department of Defense Strategic Arctic Ports
from the sites identified under subsection (b)(2)(E).
(d) Rule of Construction.--Nothing in this section may be
construed to authorize any additional appropriations for the
Department of Defense for the establishment of any port
designated pursuant to this section.
(e) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1753. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND
FORCE STRUCTURE .
(a) Review of Nuclear Deterrence Postures.--
(1) In general.--The Secretary of Defense shall
seek to enter into agreements with two federally funded
research and development centers for the conduct of
independent reviews of alternative defense postures
that achieve United States national security objectives
and could produce cost savings. Each such review shall
include--
(A) alternative nuclear deterrence postures
to achieve national security objectives,
including two alternatives with reduced and
increased force posture levels;
(B) the options for and cost impacts
resulting from changes to force structure,
active and reserve component balance, domestic
and overseas basing, and other impacts
resulting from potential challenges to
foundational planning assumptions to achieve
national security objectives;
(C) the potential cost savings from
alterations to the current balance between the
military and civilian workforces; and
(D) options for reducing service contracts
in the Department of Defense.
(2) Cost data.--A federally funded research and
development center that conducts a review pursuant to
paragraph (1) shall standardize cost data through the
use of Department of Defense cost estimation
methodologies and may make reference to appropriate
national security policy documents.
(3) Access to classified information.--The
Secretary of Defense shall provide to such a center
classified information on threat capability
developments, plans, and intentions of China, Russia,
North Korea, Iran, and violent extremist organizations.
(b) Report and Briefings.--
(1) Briefing on cost savings.--Not later than
February 1, 2020, the Comptroller General of the United
States shall provide to the congressional defense
committees a briefing on the recommendations of the
Comptroller General with respect to cost savings in the
Department of Defense.
(2) Briefing on efficiency initiatives.--Not later
than February 1, 2020, the Comptroller General of the
United States shall provide to the congressional
defense committees a briefing on the recommendations of
the Comptroller General with respect to the efficiency
initiatives undertaken by the Office of the Chief
Management Officer of the Department of Defense.
(3) Report.--Subsequent to providing the briefing
under paragraph (2), the Comptroller General shall
submit to the congressional defense committees a report
on the matters covered by the briefing.
SEC. 1754. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE
SELF-DEFENSE.
(a) Comprehensive Policy Required.--The Secretary of
Defense shall prescribe a comprehensive written policy for the
Department of Defense on the issuance of authorization for, and
the provision by members and units of the United States Armed
Forces of, collective self-defense to designated foreign
nationals, their facilities, and their property.
(b) Elements.--The policy required by subsection (a) shall
address the following:
(1) Each basis under domestic and international law
pursuant to which a member or unit of the United States
Armed Forces has been or may be authorized to provide
collective self-defense to designated foreign
nationals, their facilities, or their property under
each circumstance as follows:
(A) Inside an area of active hostilities,
or in a country or territory in which United
States forces are authorized to conduct or
support direct action operations.
(B) Outside an area of active hostilities,
or in a country or territory in which United
States forces are not authorized to conduct
direct action military operations.
(C) When United States personnel,
facilities, or equipment are not threatened,
including both as described in subparagraph (A)
and as described in subparagraph (B).
(D) When members of the United States Armed
Forces are not participating in a military
operation as part of an international
coalition.
(E) Any other circumstance not encompassed
by subparagraphs (A) through (D) in which a
member or unit of the United States Armed
Forces has been or may be authorized to provide
such collective self-defense.
(2) A list and explanation of any limitations
imposed by law or policy on the provision of collective
self-defense to designated foreign nationals, their
facilities, and their property under any of the bases
in domestic or international law in the circumstances
enumerated in paragraph (1), and the conditions under
which any such limitation applies.
(3) The procedure by which a proposal that any
member or unit of the United States Armed Forces
provide collective self-defense in support of
designated foreign nationals, their facilities, and
their property is to be submitted, processed, and
endorsed through offices, officers, and officials of
the Department to the applicable approval authority for
final decision, and a list of any information, advice,
or opinion to be included with such proposal in order
to inform appropriate action on such proposal by such
approval authority.
(4) The title and duty position of any officers and
officials of the Department empowered to render a final
decision on a proposal described in paragraph (3), and
the conditions applicable to, and limitations on, the
exercise of such decisionmaking authority by each such
officer or official.
(5) A description of the Rules of Engagement
applicable to the provision of collective self-defense
to designated foreign nationals, their facilities, and
their property under any of the bases in domestic or
international law in the circumstances enumerated in
paragraph (1), and the conditions under which any such
Rules of Engagement would be modified.
(6) A description of the process through which
policy guidance pertaining to the authorization for,
and the provision by members of the United States Armed
Forces of, collective self-defense to designated
foreign nationals, their facilities, and their property
is to be disseminated to the level of tactical
execution.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Policy.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report
setting forth the policy required by subsection (a).
(2) DoD general counsel statement.--The Secretary
shall include in the report under paragraph (1) a
statement by the General Counsel of the Department of
Defense as to whether the policy prescribed pursuant to
subsection (a) is consistent with domestic and
international law.
(3) Form.--The report required by paragraph (1) may
be submitted in classified form.
(d) Briefing on Policy.--Not later than 30 days after the
date of the submittal of the report required by subsection (c),
the Secretary shall provide the congressional defense
committees a classified briefing on the policy prescribed
pursuant to subsection (a). The briefing shall make use of
vignettes designated to illustrate real world application of
the policy in each the circumstances enumerated in subsection
(b)(1).
SEC. 1755. POLICY REGARDING THE TRANSITION OF DATA AND APPLICATIONS TO
THE CLOUD.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Chief Information
Officer of the Department of Defense and the Chief Data Officer
of the Department shall, in consultation with the J6 of the
Joint Staff and the Chief Management Officer, develop and issue
enterprise-wide policy and implementing instructions regarding
the transition of data and applications to the cloud under the
Department cloud strategy in accordance with subsection (b).
(b) Design.--The policy required by subsection (a) shall be
designed to dramatically improve support to operational
missions and management processes, including by the use of
artificial intelligence and machine learning technologies, by--
(1) making the data of the Department available to
support new types of analyses;
(2) preventing, to the maximum extent practicable,
the replication in the cloud of data stores that cannot
readily be accessed by applications for which the data
stores were not originally engineered;
(3) ensuring that data sets can be readily
discovered and combined with others to enable new
insights and capabilities; and
(4) ensuring that data and applications are readily
portable and not tightly coupled to a specific cloud
infrastructure or platform.
SEC. 1756. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the
Administrator of the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``appropriate congressional
committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(C) the Committee on Homeland Security of
the House of Representatives;
(4) the term ``public alert and warning system''
means the integrated public alert and warning system of
the United States described in section 526 of the
Homeland Security Act of 2002 (6 U.S.C. 321o);
(5) the term ``Secretary'' means the Secretary of
Homeland Security; and
(6) the term ``State'' means any State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern
Mariana Islands, and any possession of the United
States.
(b) Integrated Public Alert and Warning System.--
(1) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator shall
develop minimum requirements for State, Tribal, and
local governments to participate in the public alert
and warning system and that are necessary to maintain
the integrity of the public alert and warning system,
including--
(A) guidance on the categories of public
emergencies and appropriate circumstances that
warrant an alert and warning from State,
Tribal, and local governments using the public
alert and warning system;
(B) the procedures for State, Tribal, and
local government officials to authenticate
civil emergencies and initiate, modify, and
cancel alerts transmitted through the public
alert and warning system, including protocols
and technology capabilities for--
(i) the initiation, or prohibition
on the initiation, of alerts by a
single authorized or unauthorized
individual;
(ii) testing a State, Tribal, or
local government incident management
and warning tool without accidentally
initiating an alert through the public
alert and warning system; and
(iii) steps a State, Tribal, or
local government official should take
to mitigate the possibility of the
issuance of a false alert through the
public alert and warning system;
(C) the standardization, functionality, and
interoperability of incident management and
warning tools used by State, Tribal, and local
governments to notify the public of an
emergency through the public alert and warning
system;
(D) the annual training and recertification
of emergency management personnel on
requirements for originating and transmitting
an alert through the public alert and warning
system;
(E) the procedures, protocols, and guidance
concerning the protective action plans that
State, Tribal, and local governments shall
issue to the public following an alert issued
under the public alert and warning system;
(F) the procedures, protocols, and guidance
concerning the communications that State,
Tribal, and local governments shall issue to
the public following a false alert issued under
the public alert and warning system;
(G) a plan by which State, Tribal, and
local government officials may, during an
emergency, contact each other as well as
Federal officials and participants in the
Emergency Alert System and the Wireless
Emergency Alert System, when appropriate and
necessary, by telephone, text message, or other
means of communication regarding an alert that
has been distributed to the public; and
(H) any other procedure the Administrator
considers appropriate for maintaining the
integrity of and providing for public
confidence in the public alert and warning
system.
(2) Coordination with national advisory council
report.--The Administrator shall ensure that the
minimum requirements developed under paragraph (1) do
not conflict with recommendations made for improving
the public alert and warning system provided in the
report submitted by the National Advisory Council under
section 2(b)(7)(B) of the Integrated Public Alert and
Warning System Modernization Act of 2015 (Public Law
114-143; 130 Stat. 332).
(3) Public consultation.--In developing the minimum
requirements under paragraph (1), the Administrator
shall ensure appropriate public consultation and, to
the extent practicable, coordinate the development of
the requirements with stakeholders of the public alert
and warning system, including--
(A) appropriate personnel from Federal
agencies, including the National Institute of
Standards and Technology, the Agency, and the
Federal Communications Commission;
(B) representatives of State and local
governments and emergency services personnel,
who shall be selected from among individuals
nominated by national organizations
representing those governments and personnel;
(C) representatives of Federally recognized
Indian tribes and national Indian
organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers
of systems, facilities, equipment, and
capabilities for the provision of
communications services;
(F) third-party service bureaus;
(G) the national organization representing
the licensees and permittees of noncommercial
broadcast television stations;
(H) technical experts from the broadcasting
industry;
(I) educators from the Emergency Management
Institute; and
(J) other individuals with technical
expertise as the Administrator determines
appropriate.
(4) Advice to the administrator.--In accordance
with the Federal Advisory Committee Act (5 U.S.C.
App.), the Administrator may obtain advice from a
single individual or non-consensus advice from each of
the several members of a group without invoking that
Act.
(c) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish
a process to ensure that an incident management and
warning tool used by a State, Tribal, or local
government to originate and transmit an alert through
the public alert and warning system meets the
requirements developed by the Administrator under
subsection (b)(1).
(2) Requirements.--The process required to be
established under paragraph (1) shall include--
(A) the ability to test an incident
management and warning tool in the public alert
and warning system lab;
(B) the ability to certify that an incident
management and warning tool complies with the
applicable cyber frameworks of the Department
of Homeland Security and the National Institute
of Standards and Technology;
(C) a process to certify developers of
emergency management software; and
(D) requiring developers to provide the
Administrator with a copy of and rights of use
for ongoing testing of each version of incident
management and warning tool software before the
software is first used by a State, Tribal, or
local government.
(d) Review and Update of Memoranda of Understanding.--The
Administrator shall review the memoranda of understanding
between the Agency and State, Tribal, and local governments
with respect to the public alert and warning system to ensure
that all agreements ensure compliance with the requirements
developed by the Administrator under subsection (b)(1).
(e) Future Memoranda.--On and after the date that is 60
days after the date on which the Administrator issues the
requirements developed under subsection (b)(1), any new
memorandum of understanding entered into between the Agency and
a State, Tribal, or local government with respect to the public
alert and warning system shall comply with those requirements.
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--On and after the date that
is 120 days after the date of enactment of this
Act, the authority to originate an alert
warning the public of a missile launch directed
against a State using the public alert and
warning system shall reside primarily with the
Federal Government.
(B) Delegation of authority.--The Secretary
may delegate the authority described in
subparagraph (A) to a State, Tribal, or local
entity if, not later than 180 days after the
date of enactment of this Act, the Secretary
submits a report to the appropriate
congressional committees that--
(i) it is not feasible for the
Federal Government to alert the public
of a missile threat against a State; or
(ii) it is not in the national
security interest of the United States
for the Federal Government to alert the
public of a missile threat against a
State.
(C) Activation of system.--Upon
verification of a missile threat, the
President, utilizing established authorities,
protocols and procedures, may activate the
public alert and warning system.
(D) Rule of construction.--Nothing in this
paragraph shall be construed to change the
command and control relationship between
entities of the Federal Government with respect
to the identification, dissemination,
notification, or alerting of information of
missile threats against the United States that
was in effect on the day before the date of
enactment of this Act.
(2) Required processes.--The Secretary, acting
through the Administrator, shall establish a process to
promptly notify a State warning point, and any State
entities that the Administrator determines appropriate,
following the issuance of an alert described in
paragraph (1)(A) so the State may take appropriate
action to protect the health, safety, and welfare of
the residents of the State.
(3) Guidance.--The Secretary, acting through the
Administrator, shall work with the Governor of a State
warning point to develop and implement appropriate
protective action plans to respond to an alert
described in paragraph (1)(A) for that State.
(4) Study and report.--Not later than 1 year after
the date of enactment of this Act, the Secretary
shall--
(A) examine the feasibility of establishing
an alert designation under the public alert and
warning system that would be used to alert and
warn the public of a missile threat while
concurrently alerting a State warning point so
that a State may activate related protective
action plans; and
(B) submit a report of the findings under
subparagraph (A), including of the costs and
timeline for taking action to implement an
alert designation described in subparagraph
(A), to--
(i) the Subcommittee on Homeland
Security of the Committee on
Appropriations of the Senate;
(ii) the Committee on Homeland
Security and Governmental Affairs of
the Senate;
(iii) the Subcommittee on Homeland
Security of the Committee on
Appropriations of the House of
Representatives;
(iv) the Committee on
Transportation and Infrastructure of
the House of Representatives; and
(v) the Committee on Homeland
Security of the House of
Representatives.
(g) Use of Integrated Public Alert and Warning System
Lab.--Not later than 1 year after the date of enactment of this
Act, the Administrator shall--
(1) develop a program to increase the utilization
of the public alert and warning system lab of the
Agency by State, Tribal, and local governments to test
incident management and warning tools and train
emergency management professionals on alert origination
protocols and procedures; and
(2) submit to the appropriate congressional
committees a report describing--
(A) the impact on utilization of the public
alert and warning system lab by State, Tribal,
and local governments, with particular
attention given to the impact on utilization in
rural areas, resulting from the program
developed under paragraph (1); and
(B) any further recommendations that the
Administrator would make for additional
statutory or appropriations authority necessary
to increase the utilization of the public alert
and warning system lab by State, Tribal, and
local governments.
(h) Awareness of Alerts and Warnings.--Not later than 1
year after the date of enactment of this Act, the Administrator
shall--
(1) conduct a review of the National Watch Center
and each Regional Watch Center of the Agency; and
(2) submit to the appropriate congressional
committees a report on the review conducted under
paragraph (1), which shall include--
(A) an assessment of the technical
capability of the National and Regional Watch
Centers described in paragraph (1) to be
notified of alerts and warnings issued by a
State through the public alert and warning
system;
(B) a determination of which State alerts
and warnings the National and Regional Watch
Centers described in paragraph (1) should be
aware of; and
(C) recommendations for improving the
ability of the National and Regional Watch
Centers described in paragraph (1) to receive
any State alerts and warnings that the
Administrator determines are appropriate.
(i) Reporting False Alerts.--Not later than 15 days after
the date on which a State, Tribal, or local government official
transmits a false alert under the public alert and warning
system, the Administrator shall report to the appropriate
congressional committees on--
(1) the circumstances surrounding the false alert;
(2) the content, cause, and population impacted by
the false alert; and
(3) any efforts to mitigate any negative impacts of
the false alert.
(j) Reporting Participation Rates.--The Administrator
shall, on an annual basis, report to the appropriate
congressional committees on--
(1) participation rates in the public alert and
warning system; and
(2) any efforts to expand alert, warning, and
interoperable communications to rural and underserved
areas.
(k) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules,
regulations, or requirements imposed under this section.
SEC. 1757. IMPROVING QUALITY OF INFORMATION IN BACKGROUND INVESTIGATION
REQUEST PACKAGES.
(a) Report on Metrics and Best Practices.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Defense Counterintelligence and Security
Agency, which serves as the primary executive branch service
provider for background investigations for eligibility for
access to classified information, eligibility to hold a
sensitive position, and for suitability and fitness for other
matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability for
Government employment, fitness for contractor employees, and
eligibility for access to classified national security
information), shall, in consultation with the Security,
Suitability, and Credentialing Performance Accountability
Council established under such executive order, submit to
Congress a report on--
(1) metrics for assessing the completeness and
quality of packages for background investigations
submitted by agencies requesting background
investigations from the Defense Counterintelligence and
Security Agency;
(2) rejection rates of background investigation
submission packages due to incomplete or erroneous
data, by agency; and
(3) best practices for ensuring full and complete
information in background investigation requests.
(b) Annual Report on Performance.--Not later than 270 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter, the Security,
Suitability, and Credentialing Performance Accountability
Council shall submit to Congress a report on performance
against the metrics and return rates identified in paragraphs
(1) and (2) of subsection (a).
(c) Improvement Plans.--
(1) Identification.--Not later than one year after
the date of the enactment of this Act, executive agents
under Executive Order 13467 (50 U.S.C. 3161 note) shall
identify agencies in need of improvement with respect
to the quality of the information in the background
investigation submissions of the agencies as reported
in subsection (b).
(2) Plans.--Not later than 90 days after an agency
is identified under paragraph (1), the head of the
agency shall provide the executive agents referred to
in such paragraph with a plan to improve the
performance of the agency with respect to the quality
of the information in the agency's background
investigation submissions.
SEC. 1758. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES AND CERTAIN
MILITARY DEPENDENTS.
(a) In General.--In evaluating a request from a covered
individual for parole in place under section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)), the
Secretary of Homeland Security shall consider, on a case-by-
case basis, whether granting the request would enable military
family unity that would constitute a significant public
benefit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) parole in place reinforces the objective of
military family unity;
(2) except as required in furtherance of the
missions of the Armed Forces, disruption to military
family unity should be minimized in order to enhance
military readiness and allow members of the Armed
Forces to focus on the faithful execution of their
military missions and objectives, with peace of mind
regarding the well-being of their family members; and
(3) the importance of the parole in place authority
of the Secretary of Homeland Security is reaffirmed.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means an alien who--
(1) is a member of the Armed Forces;
(2) is the spouse, son, or daughter of a member of
the Armed Forces;
(3) is the parent of a member of the Armed Forces
who supports the request of such parent for parole in
place; or
(4) is the widow, widower, parent, son, or daughter
of a deceased member of the Armed Forces.
SEC. 1759. REPORT ON REDUCING THE BACKLOG IN LEGALLY REQUIRED
HISTORICAL DECLASSIFICATION OBLIGATIONS OF THE
DEPARTMENT OF DEFENSE.
(a) 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 detailing the progress made by the
Secretary toward reducing the backlog in legally required
historical declassification obligations of the Department of
Defense.
(b) Elements.--The report under subsection (a) shall
include, with respect to the Department of Defense, the
following:
(1) A plan to achieve legally mandated historical
declassification requirements and reduce backlogs.
(2) A plan to incorporate new technologies, such as
artificial intelligence, that would increase
productivity and reduce cost in implementing the plan
under paragraph (1).
(3) A detailed assessment of the documents released
in each of the proceeding three years before the date
of the report, broken out by program, such as the 25
and 50 year programs.
(4) A detailed assessment of the documents awaiting
review for release and an estimate of how many
documents will be released in each of the next three
years.
(5) Potential policy, resource, and other options
available to the Secretary to reduce backlogs.
(6) The progress and objectives of the Secretary
with respect to the release of documents for
publication in the Foreign Relations of the United
States series or to facilitate the public accessibility
of such documents at the National Archives,
presidential libraries, or both.
(c) Form and Availability.--The report under subsection (a)
shall be submitted in unclassified form, which shall be made
publicly available, but may include a classified annex.
SEC. 1760. MILITARY TYPE CERTIFICATION FOR LIGHT ATTACK EXPERIMENTATION
AIRCRAFT.
The Secretary of the Air Force shall make available and
conduct military type certifications for light attack
experimentation aircraft as needed, pursuant to the Department
of Defense Directive on Military Type Certificates, 5030.61.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained in
titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing
funds for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing
funds for fiscal year 2025 for military construction
projects, land acquisition, family housing projects and
facilities, or contributions to the North Atlantic
Treaty Organization Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
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. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Massachusetts................. U.S. Army Natick $50,000,000
Soldier Systems
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out the military construction projects for
the installations or locations outside the United States, and
in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
Kwajalein.................... Kwajalein Atoll......... $40,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High
Value Detainees.--
(1) Study required.--The Secretary of Defense shall
conduct a study of alternatives to meet the near-term
facility requirements to safely and humanely house high
value detainees current detained at Naval Station
Guantanamo Bay, Cuba. As part of the study, the
Secretary shall consider the following alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other
facilities at Naval Station Guantanamo Bay,
Cuba.
(D) Such other alternatives as the
Secretary considers practicable.
(2) Submission of results.--Not later than 90 days
after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the results of
the study conducted under paragraph (1). The report
shall be unclassified, but may include a classified
annex.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations in
section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation, and in the amount, set forth
in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary
of the Army may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an
amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2101 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Anniston Army Depot, Alabama.--In the case of the
authorization contained in the table in section 2101(a) of the
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2241) for Anniston Army Depot, Alabama,
for construction of a weapon maintenance shop, as specified in
the funding table in section 4601 of such Act (132 Stat. 2401),
the Secretary of the Army may construct a 21,000-square foot
weapon maintenance shop.
(b) United States Military Academy, New York.--The table in
section 2101(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2241) is
amended in the item relating to the United States Military
Academy, New York, by striking ``$160,000,000'' and inserting
``$197,000,000'' for construction of a Consolidated Engineering
Center and Parking Structure rather than the separate projects
specified in the funding table in section 4601 of such Act (132
Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
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. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $189,760,000
California.................................... Camp Pendleton.................................. $185,569,000
Marine Corps Air Station Miramar................ $37,400,000
Naval Air Weapons Station China Lake............ $64,500,000
Navel Base Coronado............................. $165,830,000
Naval Base San Diego............................ $9,900,000
Naval Weapons Station Seal Beach................ $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................... Naval Submarine Base New London................. $72,260,000
Florida....................................... Blount Island................................... $18,700,000
Naval Air Station Jacksonville.................. $32,420,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000
Naval Ammunition Depot West Loch................ $53,790,000
Maryland...................................... Saint Inigoes................................... $15,000,000
North Carolina................................ Camp Lejeune.................................... $229,010,000
Marine Corps Air Station Cherry Point........... $114,570,000
Marine Corps Air Station New River.............. $11,320,000
Pennsylvania.................................. Philadelphia.................................... $74,630,000
South Carolina................................ Parris Island................................... $37,200,000
Virginia...................................... Marine Corps Base Quantico...................... $143,350,000
Naval Station Norfolk........................... $139,100,000
Portsmouth Naval Shipyard....................... $48,930,000
Yorktown Naval Weapons Station.................. $59,000,000
Washington.................................... Bremerton....................................... $51,010,000
Keyport......................................... $25,050,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Darwin.......................................... $211,500,000
Japan......................................... Fleet Activities Yokosuka....................... $174,692,000
Marine Corps Air Station Iwakuni................ $15,870,000
----------------------------------------------------------------------------------------------------------------
(c) Report Required as Condition of Authorization.--
(1) Report.--At the same time that the budget of
the President is submitted to Congress under section
1105(a) of title 31, United States Code, for fiscal
year 2021, the Secretary of the Navy shall submit to
the congressional defense committees a report
describing, for each project authorized in the first
item in the table in subsection (b) for Darwin that is
required to support the full complement of the Marine
Rotational Force-Darwin--
(A) the required infrastructure investments
for the project;
(B) the source of funding, including funds
provided by the Government of Australia, for
the project; and
(C) the proposed year for implementation of
the project.
(2) Condition.--The Secretary of the Navy may not
commence a project authorized in the first item in the
table in subsection (b) for Darwin until the report
under paragraph (1) has been submitted.
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2201 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2201(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2691) is amended in the item relating to Bangor,
Washington, by striking ``$113,415,000'' and inserting
``$161,415,000'' for construction of a SEAWOLF Class Service
Pier, as specified in the funding table in section 4601 of such
Act (130 Stat. 2876).
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
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. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
North Dakota................. Minot Air Force Base.. $5,500,000
Texas........................ Joint Base San $243,300,000
Antonio.
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
Wyoming...................... F.E. Warren Air Force $18,100,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of
family housing units in an amount not to exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding table
in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2301 may not exceed the total amount authorized
to be appropriated under subsection (a), as specified in the
funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED JOINT
INTELLIGENCE ANALYSIS COMPLEX CONSOLIDATION.
(a) Fiscal Year 2015 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3679) for Royal Air Force Croughton,
United Kingdom, for Phase 1 of the Joint Intelligence Analysis
Complex consolidation, as specified in the funding table in
section 4601 of such Act (128 Stat. 3973), the Secretary of the
Air Force shall carry out the construction at Royal Air Force
Molesworth, United Kingdom.
(b) Fiscal Year 2016 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 129 Stat. 1153), for Royal Air Force Croughton,
United Kingdom, for Phase 2 of the Joint Intelligence Analysis
Complex consolidation, as specified in the funding table in
section 4601 of such Act (129 Stat. 1294), the Secretary of the
Air Force may construct a 5,152-square meter Intelligence
Analytic Center, a 5,234-square meter Intelligence Fusion
Center, and a 807-square meter Battlefield Information
Collection and Exploitation System Center at Royal Air Force
Molesworth, United Kingdom.
(c) Fiscal Year 2017 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2697), for Royal Air Force Croughton,
United Kingdom, for Phase 3 of the Joint Intelligence Analysis
Complex consolidation, as specified in the funding table in
section 4601 of such Act (130 Stat. 2878), the Secretary of the
Air Force may construct a 1,562-square meter Regional Joint
Intelligence Training Facility and a 4,495-square meter
Combatant Command Intelligence Facility at Royal Air Force
Molesworth, United Kingdom.
(d) Conforming Repeal.--Section 2305 of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2247) is repealed.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1152) is amended in the item relating to Nellis Air Force
Base, Nevada, by striking ``$68,950,000'' and inserting
``$72,050,000'' for construction of F-35A Munitions Maintenance
Facilities, as specified in the funding table in section 4601
of such Act (129 Stat. 1293).
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2696) is amended in the item relating to Fairchild Air
Force Base, Washington, by striking ``$27,000,000'' and
inserting ``$31,800,000'' for construction of a SERE School
Pipeline Dormitory, as specified in the funding table in
section 4601 of such Act (130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is amended
in the item relating to Little Rock Air Force Base, Arkansas,
by striking ``$20,000,000'' and inserting ``$27,000,000'' for
construction of a dormitory facility, as specified in the
funding table in section 4601 of such Act (131 Stat. 2002).
(b) Joint Base San Antonio, Texas.--In the case of the
authorization contained in the table in section 2301(a) of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1826) for Joint Base San Antonio, Texas,
the Secretary of the Air Force may construct--
(1) a 750-square meter equipment building for
construction of a Classrooms/Dining Facility, as
specified in the funding table in section 4601 of such
Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower
for construction of an Air Traffic Control Tower, as
specified in the funding table in section 4601 of such
Act (131 Stat. 2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is amended
in the item relating to F.E. Warren Air Force Base, Wyoming, by
striking ``$62,000,000'' and inserting ``$80,100,000'' for
construction of a Consolidated Helo/TRF Ops/AMU and Alert
Facility, as specified in the funding table in section 4601 of
such Act (131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1876) for Rygge Air Station, Norway, for
replacement/expansion of a Quick Reaction Alert Pad, as
specified in the funding table in section 4602 of such Act (131
Stat. 2014), the Secretary of the Air Force may construct 1,327
square meters of aircraft shelter and a 404-square meter fire
protection support building.
(e) Incirlik Air Base, Turkey.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1876) for Incirlik Air Base, Turkey, for
Relocating Base Main Access Control Point, as specified in the
funding table in section 4602 of such Act (131 Stat. 2015), the
Secretary of the Air Force may construct a 223-square meter
pedestrian search building.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Hanscom Air Force Base, Massachusetts.--In the case of
the authorization contained in the table in section 2301(a) of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2246) for Hanscom Air Force
Base, Massachusetts, for the construction of a semi-conductor/
microelectronics laboratory facility, as specified in the
funding table in section 4601 of such Act (132 Stat. 2405), the
Secretary of the Air Force may construct a 1,000 kilowatt
stand-by generator.
(b) Minot Air Force Base, North Dakota.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2246) is
amended in the item relating to Minot Air Force Base, North
Dakota, by striking ``$66,000,000'' and inserting
``$71,500,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table
in section 4601 of such Act (132 Stat. 2405).
(c) Royal Air Force Lakenheath, United Kingdom.--In the
case of the authorization contained in the table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2247) for Royal Air
Force Lakenheath, United Kingdom, for the construction of an F-
35A Dormitory, as specified in the funding table in section
4601 of such Act (132 Stat. 2405), the Secretary of the Air
Force may construct a 5,900-square meter dormitory.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
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. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects inside
the United States as specified in the funding table in section
4601, the Secretary of Defense may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Beale Air Force Base....................... $33,700,000
Camp Pendleton............................. $17,700,000
Florida......................................... Eglin Air Force Base....................... $16,500,000
Hurlburt Field............................. $108,386,000
Naval Air Station Key West................. $16,000,000
Guam............................................ Joint Region Marianas...................... $19,200,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000
Maryland........................................ Fort Detrick............................... $27,846,000
Mississippi..................................... Columbus Air Force Base.................... $16,800,000
North Carolina................................. Camp Lejeune............................... $13,400,000
Fort Bragg................................. $84,103,000
Oklahoma........................................ Tulsa International Airport................ $18,900,000
Rhode Island.................................... Quonset State Airport...................... $11,600,000
South Carolina.................................. Joint Base Charleston...................... $33,300,000
South Dakota.................................... Ellsworth Air Force Base................... $24,800,000
Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000
Joint Expeditionary Base Little Creek - $45,604,000
Fort Story................................
Pentagon................................... $28,802,000
Training Center Dam Neck................... $12,770,000
Washington...................................... Joint Base Lewis-McChord................... $47,700,000
Wisconsin....................................... General Mitchell International Airport..... $25,900,000
CONUS Classified................................ Classified Location........................ $82,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Geilenkirchen Air Base..................... $30,479,000
Germany......................................... Ramstein................................... $66,800,000
Japan........................................... Yokota Air Base........................... $136,411,000
Worldwide Classified............................ Classified Location........................ $52,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in the
amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Mountain View................................. $9,700,000
Naval Air Weapons Station China Lake.......... $8,950,000
Naval Support Activity Monterey............... $10,540,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
South Potomac................................. $18,460,000
New Mexico................................... White Sands Missile Range..................... $5,800,000
Texas........................................ Camp Swift.................................... $4,500,000
Fort Hood..................................... $16,500,000
Virginia..................................... National Reconnaissance Office Headquarters... $66,000
Washington................................... Naval Base Kitsap............................. $23,670,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Base Guam............................... $16,970,000
Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning after
September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments), as
specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation
authorized by law, the total cost of all projects carried out
under section 2401 of this Act may not exceed the total amount
authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment Program
as provided in section 2806 of title 10, United States Code, in
an amount not to exceed the sum of the amount authorized to be
appropriated for this purpose in section 2502 and the amount
collected from the North Atlantic Treaty Organization as a
result of construction previously financed by the United
States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2019, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share of
the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in
section 4601.
(b) Authority to Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment Program
(NSIP), the Department of Defense construction agent may
recognize the NATO project authorization amounts as budgetary
resources to incur obligations for the purposes of executing
the NSIP project.
Subtitle B--Host Country In-kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations or
locations in the Republic of Korea, and in the amounts, set
forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army.................................. Camp Carroll............ Army Prepositioned Stock-4 $51,000,000
Wheeled Vehicle
Maintenance Facility......
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $154,000,000
Personnel Housing, P1.....
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $211,000,000
Personnel Housing, P2.....
Army.................................. Camp Humphreys.......... Satellite Communications $32,000,000
Facility..................
Air Force............................. Gwangju Air Base........ Hydrant Fuel System........ $35,000,000
Air Force............................. Kunsan Air Base......... Upgrade Electrical $14,200,000
Distribution System.......
Air Force............................. Kunsan Air Base......... Dining Facility............ $21,000,000
Air Force............................. Suwon Air Base.......... Hydrant Fuel System........ $24,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
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. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army National
Guard locations inside the United States, and in the amounts,
set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Anniston Army Depot.............................. $34,000,000
Foley............................................ $12,000,000
California.................................. Camp Roberts..................................... $12,000,000
Idaho....................................... Orchard Training Area............................ $29,000,000
Maryland.................................... Havre de Grace................................... $12,000,000
Massachusetts............................... Camp Edwards..................................... $9,700,000
Minnesota................................... New Ulm.......................................... $11,200,000
Mississippi................................. Camp Shelby...................................... $8,100,000
Missouri.................................... Springfield...................................... $12,000,000
Nebraska.................................... Bellevue......................................... $29,000,000
New Hampshire............................... Concord.......................................... $5,950,000
New York.................................... Jamaica Armory................................... $91,000,000
Pennsylvania................................ Moon Township.................................... $23,000,000
Vermont..................................... Jericho.......................................... $30,000,000
Washington.................................. Richland......................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Army may acquire real property and
carry out military construction projects for the Army Reserve
locations inside the United States, and in the amounts, set
forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware...................................... Newark Army Reserve Center..................... $21,000,000
Wisconsin..................................... Fort McCoy..................................... $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Navy may acquire real property and
carry out the military construction project for the Navy
Reserve and Marine Corps Reserve location inside the United
States, and in the amount, set forth in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the Air
National Guard locations inside the United States, and in the
amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Moffett Air National Guard Base............ $57,000,000
Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000
Missouri........................................ Rosecrans Memorial Airport................. $9,500,000
Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000
Wisconsin....................................... Truax Field................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in section
4601, the Secretary of the Air Force may acquire real property
and carry out military construction projects for the Air Force
Reserve locations inside the United States, and in the amounts,
set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia....................................... Robins Air Force Base.......................... $43,000,000
Maryland...................................... Joint Base Andrews............................. $15,000,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title 10,
United States Code (including the cost of acquisition of land
for those facilities), as specified in the funding table in
section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
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. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for base realignment
and closure activities, including real property acquisition and
military construction projects, as authorized by the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note) and funded through
the Department of Defense Base Closure Account established by
section 2906 of such Act (as amended by section 2711 of the
Military Construction Authorization Act for Fiscal Year 2013
(division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
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.
Subtitle B--Real Property and Facilities Administration
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.
Subtitle C--Land Conveyances
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.
Subtitle D--Military Land Withdrawals
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.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
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.
Subtitle A--Military Construction Program
SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND PROJECTS.
(a) Inclusion of Military Installation Resilience
Information in Certain Installation Master Plans.--
(1) Requirement.--Section 2864 of title 10, United
States Code, is amended--
(A) in subsection (a)(1), by inserting
``military installation resilience,'' after
``master planning,'';
(B) by redesignating subsections (c) and
(d) as subsections (e) and (f), respectively;
and
(C) by inserting after subsection (b) the
following new subsection:
``(c) Military Installation Resilience Component.--To
address military installation resilience under subsection
(a)(1), each installation master plan shall discuss the
following:
``(1) Risks and threats to military installation
resilience that exist at the time of the development of
the plan and that are projected for the future,
including from extreme weather events, mean sea level
fluctuation, wildfires, flooding, and other changes in
environmental conditions.
``(2) Assets or infrastructure located on the
military installation vulnerable to the risks and
threats described in paragraph (1), with a special
emphasis on assets or infrastructure critical to the
mission of the installation and the mission of members
of the armed forces.
``(3) Lessons learned from the impacts of extreme
weather events, including changes made to the military
installation to address such impacts, since the prior
master plan developed under this section.
``(4) Ongoing or planned infrastructure projects or
other measures, as of the time of the development of
the plan, to mitigate the impacts of the risks and
threats described in paragraph (1).
``(5) Community infrastructure and resources
located outside the installation (such as medical
facilities, transportation systems, and energy
infrastructure) that are--
``(A) necessary to maintain mission
capability or that impact the resilience of the
military installation; and
``(B) vulnerable to the risks and threats
described in paragraph (1).
``(6) Agreements in effect or planned, as of the
time of the development of the plan, with public or
private entities for the purpose of maintaining or
enhancing military installation resilience or
resilience of the community infrastructure and
resources described in paragraph (5).
``(7) Projections from recognized governmental and
scientific entities such as the Census Bureau, the
National Academies of Sciences, the United States
Geological Survey, and the United States Global Change
Research Office (or any similar successor entities)
with respect to future risks and threats (including the
risks and threats described in paragraph (1)) to the
resilience of any project considered in the
installation master plan during the 50-year lifespan of
the installation.''.
(2) Report on master plans.--Section 2864 of title
10, United States Code, is amended by inserting after
subsection (c), as added by subsection (a), the
following new subsection:
``(d) Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report listing all master plans completed pursuant
to this section in the prior calendar year.''.
(b) Authority to Carry Out Military Installation Resilience
Projects.--
(1) In general.--Subchapter I of chapter 169 of
title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 2815. Military installation resilience projects
``(a) Projects Required.--The Secretary of Defense shall
carry out military construction projects for military
installation resilience, in accordance with section 2802 of
this title.
``(b) Congressional Notification.--(1) When a decision is
made to carry out a project under this section, the Secretary
of Defense shall notify the congressional defense committees of
that decision.
``(2) The Secretary of Defense shall include in each
notification submitted under paragraph (1) the rationale for
how the project would--
``(A) enhance military installation resilience;
``(B) enhance mission assurance;
``(C) support mission critical functions; and
``(D) address known vulnerabilities.
``(c) Timing of Projects.--A project may be carried out
under this section only after the end of the 14-day period
beginning on the date that notification with respect to that
project under subsection (b) is received by the congressional
defense committees in an electronic medium pursuant to section
480 of this title.
``(d) Annual Report.--Not later than 90 days after the end
of each fiscal year until December 31, 2025, the Secretary of
Defense shall submit to the congressional defense committees a
report on the status of the planned and active projects carried
out under this section (including completed projects), and
shall include in the report with respect to each such project
the following information:
``(1) The title, location, a brief description of
the scope of work, the original project cost estimate,
and the current working cost estimate.
``(2) The information provided under subsection
(b)(2).
``(3) Such other information as the Secretary
considers appropriate.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 169 of such title is amended
by inserting after the item relating to section 2814
the following new item:
``2815. Military installation resilience projects.''.
SEC. 2802. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN PROPOSED
MILITARY CONSTRUCTION PROJECTS POTENTIALLY IMPACT
INDIAN TRIBES.
Section 2802 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) In addition to any other applicable consultation
requirement pursuant to law or Department of Defense policy, if
a proposed military construction project is likely to
significantly impact tribal lands, known sacred sites, or
tribal treaty rights, the Secretary concerned shall initiate
consultation with the tribal government of each impacted Indian
tribe--
``(A) to determine the nature and extent of such
impact;
``(B) to determine whether such impact can be
avoided or mitigated in the design and implementation
of the project; and
``(C) if such impact cannot be avoided, to develop
feasible measures consistent with applicable law to
mitigate the impact and estimate the cost of the
mitigation measures.
``(2) As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a
military construction project covered by paragraph (1), the
Secretary concerned, to the extent possible at the time of such
submission, shall include a description of the current status
of the consultation conducted under such paragraph and
specifically address each of the items specified in
subparagraphs (A), (B), and (C) of such paragraph.
``(3) The requirement under paragraph (1) does not affect
the obligation of the Secretary concerned to comply with any
other applicable consultation requirement pursuant to law or
Department of Defense policy.
``(4) In this subsection:
``(A) The term `Indian tribe' has the meaning given
that term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
``(B) The term `tribal government' means the
recognized governing body of an Indian tribe.
``(C) The term `sacred site' has the meaning given
that term in Executive Order No. 13007, as in effect on
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
SEC. 2803. INCREASED AUTHORITY FOR USE OF CERTAIN APPROPRIATIONS
AMOUNTS FOR RESTORATION OR REPLACEMENT OF DAMAGED
OR DESTROYED FACILITIES.
Section 2854(c)(3) of title 10, United States Code, is
amended by striking ``$50,000,000'' and inserting
``$100,000,000''.
SEC. 2804. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE MILITARY
INSTALLATION RESILIENCE, ENERGY RESILIENCE, ENERGY
AND CLIMATE RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--
(1) In general.--Not later than September 1, 2020,
the Secretary of Defense shall amend the Unified
Facility Criteria relating to military construction
planning and design, to ensure that building practices
and standards of the Department of Defense promote
military installation resilience, energy resilience,
energy and climate resiliency, and cyber resilience.
(2) Considerations and consultation.--In preparing
amendments pursuant to paragraph (1), the Secretary of
Defense--
(A) shall take into account historical
data, current conditions, and sea level rise
projections; and
(B) may consult with the heads of other
Federal departments and agencies with expertise
regarding military installation resilience,
energy resilience, energy and climate
resiliency, and cyber resilience.
(b) Conditional Availability of Funds.--Not more than 25
percent of the funds authorized to be appropriated for fiscal
year 2020 for Department of Defense planning and design
accounts relating to military construction projects may be
obligated until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the House of
Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by
subsection (a)(1); and
(2) intends to complete such process by September
1, 2020.
(c) Update of Unified Facilities Criteria to Include
Changing Environmental Condition Projections.--Section 2805(c)
of the Military Construction Authorization Act for Fiscal Year
2019 (division B of Public Law 115-232; 132 Stat. 2262; 10
U.S.C. 2864 note) is amended--
(1) by striking ``Not later than'' and inserting
the following:
``(1) Fiscal year 2019.--Not later than'';
(2) in paragraph (1), as designated by paragraph
(1), by striking ``United Facilities Criteria (UFC) 2-
100-01 and UFC 2-100-02'' and inserting ``Unified
Facilities Criteria (UFC) 1-200-01 and UFC 1-200-02'';
and
(3) by adding at the end the following new
paragraph:
``(2) Fiscal year 2020.--
``(A) Amendments required.--Not later than
30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal
Year 2020, the Secretary of Defense shall amend
the Unified Facilities Criteria as follows:
``(i) To require that installations
of the Department of Defense assess the
risks from extreme weather and related
effects, and develop plans to address
such risks.
``(ii) To require in the
development of such Criteria the use
of--
``(I) land use change
projections through the use of
land use and land cover
modeling by the United States
Geological Survey; and
``(II) weather
projections--
``(aa) from the
United States Global
Change Research
Program, including in
the National Climate
Assessment; or
``(bb) from the
National Oceanic and
Atmospheric
Administration, if such
projections are more
up-to-date than
projections under item
(aa).
``(iii) To require the Secretary of
Defense to provide guidance to project
designers and master planners on how to
use weather projections.
``(iv) To require the use
throughout the Department of the Naval
Facilities Engineering Command Climate
Change Installation Adaptation and
Resilience planning handbook, as
amended (or similar publication of the
Army Corps of Engineers).
``(B) Notification.--If the Secretary of
Defense determines that a projection other than
a projection described in subparagraph (A)(ii)
is more appropriate for use in amending the
Unified Facilities Criteria, the Secretary
shall notify the congressional defense
committees of such determination, which shall
include the rationale underlying such
determination and a description of such other
projection.''.
(d) Implementation of Unified Facilities Criteria
Amendments.--
(1) Implementation.--Any Department of Defense Form
1391 submitted to Congress after September 1, 2020
shall comply with the Unified Facility Criteria, as
amended pursuant to this section.
(2) Certification.--Not later than March 1, 2021,
the Secretary of Defense shall certify to the
Committees on Armed Services of the House of
Representatives and the Senate the completion and full
incorporation into military construction planning and
design--
(A) amendments made pursuant to subsection
(a); and
(B) amendments made pursuant to section
2805(c) of the Military Construction
Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat.
2262; 10 U.S.C. 2864 note), as amended by
subsection (c).
(e) Annual Review.--Beginning with fiscal year 2022, and
annually thereafter, the Secretary of Defense shall conduct a
review comparing the Unified Facility Criteria and industry
best practices, for the purpose of ensuring that military
construction building practices and standards of the Department
of Defense relating to military installation resilience, energy
resilience, energy and climate resiliency, and cyber resilience
remain up-to-date.
(f) Definitions.--In this section:
(1) The terms ``energy resilience'' and ``military
installation resilience'' have the meanings given those
terms in section 101(e) of title 10, United States
Code.
(2) The term ``energy and climate resiliency'' has
the meaning given that term in section 2864 of title
10, United States Code.
SEC. 2805. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391 REGARDING
CONSIDERATION OF POTENTIAL LONG-TERM ADVERSE
ENVIRONMENTAL EFFECTS.
(a) Modification.--
(1) Certification requirement.--The Secretary of
Defense shall modify Department of Defense Form 1391 to
require, with respect to any proposed major or minor
military construction project requiring congressional
notification or approval, the inclusion of a
certification by the Secretary of Defense or the
Secretary of the military department concerned that the
proposed military construction project takes into
consideration--
(A) the potential adverse consequences of
long-term changes in environmental conditions,
such as increasingly frequent extreme weather
events, that could affect the military
installation resilience of the installation for
which the military construction project is
proposed; and
(B) building requirements in effect for the
locality in which the military construction
project is proposed and industry best practices
that are developed to withstand extreme weather
events and other consequences of changes in
environmental conditions.
(2) Elements of certification.--As part of the
certification required by paragraph (1) for a proposed
military construction project, the Secretary concerned
shall identify the potential changes in environmental
conditions, such as increasingly frequent extreme
weather events, considered and addressed under
subparagraphs (A) and (B) of paragraph (1).
(b) Relation to Recent Modification Requirement.--The
modification of Department of Defense Form 1391 required by
subsection (a) is in addition to, and expands upon, the
modification of Department of Defense Form 1391 with respect to
flood risk disclosure for military construction required by
section 2805(a) of the Military Construction Authorization Act
for Fiscal Year 2019 (division B of Public Law 115-232; 132
Stat. 2262; 10 U.S.C. 2802 note).
(c) Military Installation Resilience Defined.--In this
section, the term ``military installation resilience'' has the
meaning given that term in section 101(e)(8) of title 10,
United States Code.
SEC. 2806. IMPROVED FLOOD RISK DISCLOSURE FOR MILITARY CONSTRUCTION.
(a) When Disclosure Required.--Section 2805(a)(1) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in subparagraph (A), by inserting after
``hazard data'' the following: ``, or will be impacted
by projected current and future mean sea level
fluctuations over the lifetime of the project''; and
(2) in subparagraph (B), by inserting after
``floodplain'' the following: ``or will be impacted by
projected current and future mean sea level
fluctuations over the lifetime of the project''.
(b) Reporting Requirements.--Section 2805(a)(3) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in the matter preceding the subparagraphs, by
inserting after ``floodplain'' the following: ``or are
to be impacted by projected current and future mean sea
level fluctuations over the lifetime of the project'';
and
(2) by adding at the end the following new
subparagraph:
``(D) A description of how the proposed
project has taken into account projected
current and future mean sea level fluctuations
over the lifetime of the project.''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2802 note) is amended--
(1) in the matter preceding the subparagraphs--
(A) by inserting after ``floodplain'' the
following: ``or that will be impacted by
projected current and future mean sea level
fluctuations over the lifetime of the
project''; and
(B) by striking ``an additional'';
(2) in subparagraph (A)--
(A) by inserting ``an additional'' before
``2 feet''; and
(B) by striking ``and'' at the end of the
subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``an additional'' before
``3 feet''; and
(B) by striking the period at the end of
the subparagraph and inserting ``; and''; and
(4) by adding at the end the following new
subparagraph:
``(C) any additional flooding that will
result from projected current and future mean
sea level fluctuations over the lifetime of the
project.''.
SEC. 2807. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED
REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION
PROJECTS.
Section 2806 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is
amended--
(1) by striking ``Assistant Secretary of Defense
for Energy, Installations, and Environment'' and
inserting ``Under Secretary of Defense for Acquisition
and Sustainment'';
(2) by striking ``reporting'' and inserting
``report''; and
(3) by inserting ``in prioritized order, with
specific accounts and program elements identified,''
after ``evaluation facilities,''.
SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE ACCESS
ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The
Secretary'' and all that follows through the end of
paragraph (1) and inserting the following:
``(a) Authorization.--
``(1) In general.--When defense access roads are
certified to the Secretary as important to the national
defense by the Secretary of Defense or such other
official as the President may designate, the Secretary
is authorized, out of the funds appropriated for
defense access roads, to provide for--
``(A) the construction and maintenance of
defense access roads (including bridges, tubes,
tunnels, and culverts or other hydraulic
appurtenances on those roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that are
necessary for or are planned to be used
for the deployment or sustainment of
members of the Armed Forces, equipment,
or supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of,
or improvements to, those roads to ensure the
continued effective use of the roads,
regardless of current or projected increases in
mean tides, recurrent flooding, or other
weather-related conditions or natural
disasters; and
``(C) replacing existing highways and
highway connections that are shut off from
general public use by necessary closures,
closures due to mean sea level fluctuation and
flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are
necessary for or are planned to be used
for the deployment or sustainment of
members of the Armed Forces, equipment,
or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the
construction and maintenance of'' and inserting
``construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, or
enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the
Secretary'';
(B) by striking ``construction,
maintenance, and repair work'' and inserting
``activities for construction, maintenance,
reconstruction, enhancement, improvement, and
repair'';
(C) by striking ``therein'' and inserting
``in those areas''; and
(D) by striking ``condition for such
training purposes and for repairing the damage
caused to such highways by the operations of
men and equipment in such training.'' and
inserting the following: ``condition for--
``(1) that training; and
``(2) repairing the damage to those highways caused
by--
``(A) weather-related events, increases in
mean high tide levels, recurrent flooding, or
natural disasters; or
``(B) the operations of men and equipment
in such training.'';
(4) in subsection (g)--
(A) by striking ``he'' and inserting ``the
Secretary'';
(B) by striking ``construction which has
been'' and inserting ``construction and other
activities''; and
(C) by striking ``upon his demand'' and
inserting ``upon demand by the Secretary''; and
(5) by striking subsection (i) and inserting the
following:
``(i) Repair of Certain Damages and Infrastructure.--The
funds appropriated to carry out this section may be used to pay
the cost of repairing damage caused, or any infrastructure to
mitigate a risk posed, to a defense access road by recurrent or
projected recurrent flooding, sea level fluctuation, a natural
disaster, or any other current or projected change in
applicable environmental conditions, if the Secretary
determines that continued access to a military installation,
defense industry site, air or sea port necessary for or planned
to be used for the deployment or sustainment of members of the
Armed Forces, equipment, or supplies, or to a source of raw
materials, has been or is projected to be impacted by those
events or conditions.''.
SEC. 2809. MILITARY CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS
AT MILITARY INSTALLATIONS.
(a) Authorization of Additional Projects.--In addition to
any other military construction projects authorized under this
Act, the Secretary of the military department concerned may
carry out military construction projects for child development
centers at military installations, as specified in the funding
table in section 4601.
(b) Requiring Report as Condition of Authorization.--
(1) Report.--Not later than 90 days after the date
of the enactment of this Act, the Secretary concerned
shall submit to the congressional defense committees a
report that describes the location, title, and cost,
together with a Department of Defense Form 1391, for
each project the Secretary concerned proposes to carry
out under this section.
(2) Timing of availability of funds.--No funds may
be obligated or expended for a project under this
section--
(A) unless the project is included in the
report submitted under paragraph (1); and
(B) until the expiration of the 30-day
period beginning on the date on which the
Secretary concerned submits the report under
paragraph (1).
(c) Expiration of Authorization.--Section 2002 shall apply
with respect to the authorization of a military construction
project under this section in the same manner as such section
applies to the authorization of a project contained in titles
XXI through XXX.
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.
No funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense may be obligated
or expended to implement any activity that reduces air base
resiliency or demolishes protected aircraft shelters in the
European theater, and the Department may not otherwise
implement any such activity, without creating a similar
protection from attack in the European theater until such time
as the Secretary of Defense certifies to the congressional
defense committees that protected aircraft shelters are not
required in the European theater.
SEC. 2811. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN CERTAIN BASES
TO THE HOST NATION.
No funds authorized to be appropriated by this Act for
fiscal year 2020 for the Department of Defense may be obligated
or expended to implement any activity that closes or returns to
the host nation any existing base under the European
Consolidation Initiative, and the Department shall not
implement any such activity in fiscal year 2020, until the
Secretary of Defense certifies that there is no longer a need
for a rotational military presence in the European theater.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES IN EUROPE.
(a) Prohibition on Use of Certain Energy Source.--The
Secretary of Defense shall ensure that each contract for the
acquisition of furnished energy for a covered military
installation in Europe does not use any energy sourced from
inside the Russian Federation as a means of generating the
furnished energy for the covered military installation.
(b) Waiver for National Security Interests.--
(1) Waiver authority; certification.--The Secretary
of Defense may waive application of subsection (a) to a
specific contract for the acquisition of furnished
energy for a covered military installation if the
Secretary certifies to the congressional defense
committees that--
(A) the waiver of such subsection is
necessary to ensure an adequate supply of
furnished energy for the covered military
installation; and
(B) the Secretary has balanced these
national security requirements against the
potential risk associated with reliance upon
the Russian Federation for furnished energy.
(2) Submission of waiver notice.--Not later than 14
days before the execution of any energy contract for
which a waiver is granted under paragraph (1), the
Secretary of Defense shall submit to the congressional
defense committees notice of the waiver. The waiver
notice shall include the following:
(A) The rationale for the waiver, including
the basis for the certifications required by
subparagraphs (A) and (B) of paragraph (1).
(B) An assessment of how the waiver may
impact the European energy resiliency strategy.
(C) An explanation of the measures the
Department of Defense is taking to mitigate the
risk of using Russian Federation furnished
energy.
(c) Definitions.--In this section:
(1) The term ``covered military installation''
means a military installation in Europe identified by
the Department of Defense as a main operating base.
(2) The term ``furnished energy'' means energy
furnished to a covered military installation in any
form and for any purpose, including heating, cooling,
and electricity.
(d) Conforming Repeal.--Section 2811 of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115-232; 132 Stat. 2266) is repealed.
SEC. 2822. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS FOR
CREDENTIALED TRANSPORTATION WORKERS.
Section 1050(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note)
is amended to read as follows:
``(a) Access to Installations for Credentialed
Transportation Workers.--The Secretary of Defense, to the
extent practicable, shall ensure that the Transportation Worker
Identification Credential is accepted as a valid credential for
unescorted access to Department of Defense installations by
transportation workers.''.
SEC. 2823. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT OF DEFENSE
REAL PROPERTY DATA.
(a) Initial Report.--Not later than 150 days after the date
of the enactment of this Act, the Undersecretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report that evaluates service-level best
practices for recording and maintaining real property data.
(b) Issuance of Guidance.--Not later than 300 days after
the date of the enactment of this Act, the Undersecretary of
Defense for Acquisition and Sustainment shall issue service-
wide guidance on the recording and collection of real property
data based on the best practices described in the report.
Subtitle C--Land Conveyances
SEC. 2831. LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH.
(a) Conveyance Required.--The Secretary of the Air Force
may convey, for no monetary consideration, to the State of Utah
or a designee of the State of Utah (in this section referred to
as the ``State'') all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 35 acres
located at Hill Air Force Base commonly known as the ``Defense
Nontactical Generator and Rail Center'' and such real property
adjacent to the Center as the parties consider to be
appropriate, for the purpose of permitting the State to
construct a new interchange for Interstate 15.
(b) Condition Precedent.--The conveyance authorized by
subsection (a) shall be contingent upon the relocation of the
Defense Nontactical Generator and Rail Center.
(c) Termination and Reentry.--If the State does not meet
the conditions required under subsection (d) by the date that
is five years after the date of the conveyance authorized by
subsection (a), or such later date as the Secretary of the Air
Force and the State may agree is reasonably necessary due to
unexpected circumstances, the Secretary of the Air Force may
terminate such conveyance and reenter the property.
(d) Consideration and Conditions of Conveyance.--In
consideration of and as a condition to the conveyance
authorized by subsection (a), the State shall agree to the
following:
(1) Not later than two years after the conveyance,
the State shall, at no cost to the United States
Government--
(A) demolish all improvements and
associated infrastructure existing on the
property; and
(B) conduct environmental cleanup and
remediation of the property, as required by law
and approved by the Utah Department of
Environmental Quality, for the planned
redevelopment and use of the property.
(2) Not later than three years after the completion
of the cleanup and remediation under paragraph (1)(B),
the State, at no cost to the United States Government,
shall construct on Hill Air Force Base a new gate for
vehicular and pedestrian traffic in and out of Hill Air
Force Base in compliance with all applicable
construction and security requirements and such other
requirements as the Secretary of the Air Force may
consider necessary.
(3) That the State shall coordinate the demolition,
cleanup, remediation, design, redevelopment, and
construction activities performed pursuant to the
conveyance under subsection (a) with the Secretary of
the Air Force, the Utah Department of Transportation,
and the Utah Department of Environmental Quality.
(e) Environmental Obligations.--The State shall not have
any obligation with respect to cleanup and remediation of an
environmental condition on the property to be conveyed under
subsection (a) unless the condition was in existence and known
before the date of the conveyance or the State exacerbates the
condition which then requires further remediation.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air
Force shall require the State to cover costs to be
incurred by the Secretary, or to reimburse the
Secretary for such costs incurred, to carry out the
conveyance under subsection (a), including survey
costs, costs for environmental documentation, and other
administrative costs related to the conveyance. If
amounts are collected from the State in advance of the
Secretary incurring actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary
shall refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts
received as reimbursement under paragraph (1) shall be
credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance under subsection (a) or to an appropriate
fund or account currently available to the Secretary
for the purposes for which the costs were paid. Amounts
so credited shall be merged with amounts in such fund
or account and shall be available for the same
purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary
of the Air Force and the State.
(h) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2832. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T. ROBINSON,
ARKANSAS, FOR USE OF SUCH LAND AS A VETERANS
CEMETERY.
(a) Release of Retained Interests.--
(1) In general.--With respect to a parcel of land
at Camp Joseph T. Robinson, Arkansas, consisting of
approximately 141.52 acres that lies in a part of
section 35, township 3 north, range 12 west, Pulaski
County, Arkansas, and comprising a portion of the
property conveyed by the United States to the State of
Arkansas for training of the National Guard and for
other military purposes pursuant to ``An Act
authorizing the transfer of part of Camp Joseph T.
Robinson to the State of Arkansas'', approved June 30,
1950 (64 Stat. 311, chapter 429), the Secretary of the
Army may release the terms and conditions imposed, and
reversionary interests retained, by the United States
under section 2 of such Act, and the right to reenter
and use the property retained by the United States
under section 3 of such Act.
(2) Impact on other rights or interests.--The
release of terms and conditions and retained interests
under paragraph (1) with respect to the parcel
described in such paragraph shall not be construed to
alter the rights or interests retained by the United
States with respect to the remainder of the real
property conveyed to the State of Arkansas under the
Act described in such paragraph.
(b) Instrument of Release and Description of Property.--
(1) In general.--The Secretary of the Army may
execute and file in the appropriate office a deed of
release, amended deed, or other appropriate instrument
reflecting the release of terms and conditions and
retained interests under subsection (a).
(2) Legal description.--The exact acreage and legal
description of the property described in subsection (a)
shall be determined by a survey satisfactory to the
Secretary of the Army.
(c) Conditions on Release and Reversionary Interest.--
(1) Expansion of veterans cemetery and reversionary
interest.--
(A) Expansion of veterans cemetery.--The
State of Arkansas may use the parcel of land
described in subsection (a)(1) only for the
expansion of the Arkansas State Veterans
Cemetery.
(B) Reversionary interest.--If the
Secretary of the Army determines at any time
that the parcel of land described in subsection
(a)(1) is not being used in accordance with the
purpose specified in subparagraph (A), all
right, title, and interest in and to the land,
including any improvements thereto, shall, at
the option of the Secretary, revert to and
become the property of the United States, and
the United States shall have the right of
immediate entry onto such parcel.
(2) Additional terms and conditions.--The Secretary
of the Army may require in the instrument of release
such additional terms and conditions in connection with
the release of terms and conditions and retained
interests under subsection (a) as the Secretary
considers appropriate to protect the interests of the
United States.
(d) Payment of Administrative Costs.--
(1) Payment required.--
(A) In general.--The Secretary of the Army
may require the State of Arkansas to cover
costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by
the Secretary, to carry out the release of
terms and conditions and retained interests
under subsection (a), including survey costs,
costs related to environmental documentation,
and other administrative costs related to the
release.
(B) Refund of amounts.--If amounts paid to
the Secretary by the State of Arkansas in
advance under subparagraph (A) exceed the costs
actually incurred by the Secretary to carry out
the release, the Secretary shall refund the
excess amount to the State.
(2) Treatment of amounts received.--Amounts
received under paragraph (1) as reimbursement for costs
incurred by the Secretary to carry out the release of
terms and conditions and retained interests under
subsection (a) shall be credited to the fund or account
that was used to cover the costs incurred by the
Secretary in carrying out the release. Amounts so
credited shall be merged with amounts in such fund or
account and shall be available for the same purposes,
and subject to the same conditions and limitations, as
amounts in such fund or account.
SEC. 2833. MODIFICATION OF AUTHORIZED USES OF CERTAIN PROPERTY CONVEYED
BY THE UNITED STATES IN LOS ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat.
517) is amended in the first sentence by inserting after ``for
other military purposes'' the following: ``and for purposes of
meeting the needs of the homeless (as that term is defined in
section 103 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California shall
submit to the Administrator of General Services an
application for use of the property conveyed by section
2 of Public Law 85-236 for purposes of meeting the
needs of the homeless in accordance with the amendment
made by subsection (a).
(2) Review of application.--Not later than 60 days
after the date of receipt of an application pursuant to
paragraph (1), the Administrator and the Secretary of
Health and Human Services shall jointly determine
whether the use of the property described in the
application is a use for purposes of meeting the needs
of the homeless.
(3) Compatibility with military purposes.--Before
executing any instrument of modification of the deed of
conveyance, the Administrator and the Secretary shall
request a review by the Chief of the National Guard
Bureau, in consultation with the Secretary of the Army,
to ensure that any modification of the use of the
property described in the application is compatible
with the current and anticipated future use of the
property for training members of the National Guard and
other military purposes.
(4) Modification of instrument of conveyance.--If
the Chief of the National Guard Bureau determines
pursuant to the review under paragraph (3) that the
modification of the use of the property described in
the application is compatible with the use of the
property for training members of the National Guard and
other military purposes, the Administrator shall
execute and record in the appropriate office an
instrument of modification of the deed of conveyance
executed pursuant to Public Law 85-236 in order to
authorize such use of the property described in the
application. The instrument shall be filed within 60
days of such determination and include such additional
terms and conditions as the Administrator considers
appropriate to protect the interests of the United
States.
SEC. 2834. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PARCELS
OF FEDERAL LAND IN ARLINGTON, VIRGINIA.
(a) Transfer to the Secretary of the Army.--
(1) Transfer.--Administrative jurisdiction over the
parcel of Federal land described in paragraph (2) is
transferred from the Secretary of the Interior to the
Secretary of the Army.
(2) Description of land.--The parcel of Federal
land referred to in paragraph (1) is the approximately
16.09-acre parcel of land in Arlington, Virginia, as
depicted on the map entitled ``Arlington National
Cemetery, Memorial Ave-NPS Parcel'' and dated February
11, 2019.
(b) Transfer to the Secretary of the Interior.--
(1) Transfer.--Administrative jurisdiction over the
parcel of Federal land described in paragraph (2) is
transferred from the Secretary of the Army to the
Secretary of the Interior.
(2) Description of land.--The parcel of Federal
land referred to in paragraph (1) is the approximately
1.04-acre parcel of land in Arlington, Virginia, as
depicted on the map entitled ``Arlington National
Cemetery-Chaffee NPS Land Swap'' and dated October 31,
2018.
(c) Land Surveys.--The exact acreage and legal description
of a parcel of Federal land described in subsection (a)(2) or
(b)(2) shall be determined by a survey satisfactory to the
Secretary of the Army and the Secretary of the Interior.
(d) Authority to Correct Errors.--The Secretary of the Army
and the Secretary of the Interior may correct any clerical or
typographical error in a map described in subsection (a)(2) or
(b)(2).
(e) Terms and Conditions.--
(1) No reimbursement or consideration.--A transfer
by subsection (a)(1) or (b)(1) shall be without
reimbursement or consideration.
(2) Continued recreational access.--The use of a
bicycle trail or recreational access within a parcel of
Federal land described in subsection (a)(2) or (b)(2)
in which the use or access is authorized before the
date of the enactment of this Act shall be allowed to
continue after the transfer of the applicable parcel of
Federal land by subsection (a)(1) or (b)(1).
(3) Management of parcel transferred to secretary
of the army.--
(A) In general.--The parcel of Federal land
transferred to the Secretary of the Army by
subsection (a)(1) shall be administered by the
Secretary of the Army--
(i) as part of Arlington National
Cemetery; and
(ii) in accordance with applicable
law, including--
(I) regulations; and
(II) section 2409 of title
38, United States Code.
(B) Memorandum of understanding on
operation of maintenance of memorial.--
(i) In general.--The Secretary of
the Army shall seek to enter into a
memorandum of understanding with the
Women in Military Service for America
Memorial Foundation, Inc., to define
roles and responsibilities for the
shared responsibility and resources for
operation and maintenance of the Women
in Military Service for America
Memorial and the surrounding grounds.
(ii) Allocation of amounts.--The
Secretary of the Army may, pursuant to
the memorandum of understanding
described in clause (i), allocate
amounts to the foundation described in
that clause to support operation and
maintenance of the memorial described
in that clause.
(4) Management of parcel transferred to secretary
of the interior.--The parcel of Federal land
transferred to the Secretary of the Interior by
subsection (b)(1) shall be--
(A) included within the boundary of
Arlington House, The Robert E. Lee Memorial;
and
(B) administered by the Secretary of the
Interior--
(i) as part of the memorial
referred to in subparagraph (A); and
(ii) in accordance with applicable
law (including regulations).
Subtitle D--Military Land Withdrawals
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.
(a) Public Notice Required.--Section 2942(b)(2) of the
Military Land Withdrawals Act of 2013 (title XXIX of Public Law
113-66; 127 Stat. 1036) is amended by adding at the end the
following new subparagraph:
``(D) Public notice.--Not later than one
year before the date on which a 30-day period
of Secretary of the Navy management of the
Shared Use Area commences, the Secretary of the
Navy, acting through the Resource Management
Group established pursuant to section 2944,
shall notify the public of such date of
commencement and the intention of the Armed
Forces to use the Shared Use Area for military
training purposes. The Secretary of the Navy,
upon notice to the Secretary of the Interior,
may waive such public notice in the event of an
emergent military training requirement.''.
(b) Application of Amendment.--Subparagraph (D) of section
2942(b)(2) of the Military Land Withdrawals Act of 2013 (title
XXIX of Public Law 113-66; 127 Stat. 1036), as added by
subsection (a), shall apply to periods of Secretary of the Navy
management of the Shared Use Area of the Johnson Valley Off-
Highway Vehicle Recreation Area under such section that
commence on or after January 1, 2021.
Subtitle E--White Sands National Park and White Sands Missile Range
SEC. 2851. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``White Sands National Park Proposed Boundary Revision
& Transfer of Lands Between National Park Service &
Department of the Army'', numbered 142/136,271, and
dated February 14, 2017.
(2) Military munitions.--The term ``military
munitions'' has the meaning given the term in section
101(e) of title 10, United States Code.
(3) Missile range.--The term ``missile range''
means the White Sands Missile Range, New Mexico,
administered by the Secretary of the Army.
(4) Monument.--The term ``Monument'' means the
White Sands National Monument, New Mexico, established
by Presidential Proclamation No. 2025 (54 U.S.C. 320301
note), dated January 18, 1933, and administered by the
Secretary of the Interior.
(5) Munitions debris.--The term ``munitions
debris'' has the meaning given the term in volume 8 of
the Department of Defense Manual Number 6055.09-M
entitled ``DoD Ammunitions and Explosives Safety
Standards'' and dated February 29, 2008 (as in effect
on the date of the enactment of this Act).
(6) Park.--The term ``Park'' means the White Sands
National Park established by subsection (b)(1).
(7) Public land order.--The term ``Public Land
Order'' means Public Land Order 833, dated May 21, 1952
(17 Fed. Reg. 4822).
(8) State.--The term ``State'' means the State of
New Mexico.
(b) White Sands National Park.--
(1) Establishment.--To protect, preserve, and
restore its scenic, scientific, educational, natural,
geological, historical, cultural, archaeological,
paleontological, hydrological, fish, wildlife, and
recreational values and to enhance visitor experiences,
there is established in the State the White Sands
National Park as a unit of the National Park System.
(2) Abolishment of white sands national monument.--
(A) Abolishment.--Due to the establishment
of the Park, the Monument is abolished.
(B) Incorporation.--The land and interests
in land that comprise the Monument are
incorporated in, and shall be considered to be
part of, the Park.
(3) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the ``White Sands National Monument''
shall be considered to be a reference to the ``White
Sands National Park''.
(4) Availability of funds.--Any funds available for
the Monument shall be available for the Park.
(5) Administration.--The Secretary of the Interior
shall administer the Park in accordance with--
(A) this subsection; and
(B) the laws generally applicable to units
of the National Park System, including section
100101(a), chapter 1003, sections 100751(a),
100752, 100753, and 102101, and chapter 3201 of
title 54, United States Code.
(6) World heritage list nomination.--
(A) County concurrence.--The Secretary of
the Interior shall not submit a nomination for
the Park to be included on the World Heritage
List of the United Nations Educational,
Scientific and Cultural Organization unless
each county in which the Park is located
concurs in the nomination.
(B) Army notification.--Before submitting a
nomination for the Park to be included on the
World Heritage List of the United Nations
Educational, Scientific and Cultural
Organization, the Secretary of the Interior
shall notify the Secretary of the Army of the
intent of the Secretary of the Interior to
nominate the Park.
(7) Effect.--Nothing in this subsection affects--
(A) valid existing rights (including water
rights);
(B) permits or contracts issued by the
Monument;
(C) existing agreements, including
agreements with the Department of Defense;
(D) the jurisdiction of the Department of
Defense regarding the restricted airspace above
the Park; or
(E) the airshed classification of the Park
under the Clean Air Act (42 U.S.C. 7401 et
seq.).
(c) Modification of Boundaries of White Sands National Park
and White Sands Missile Range.--
(1) Transfers of administrative jurisdiction.--
(A) Transfer of administrative jurisdiction
to the secretary of the interior.--
(i) In general.--Administrative
jurisdiction over the land described in
clause (ii) is transferred from the
Secretary of the Army to the Secretary
of the Interior.
(ii) Description of land.--The land
referred to in clause (i) is--
(I) the approximately 2,826
acres of land identified as
``To NPS, lands inside current
boundary'' on the Map; and
(II) the approximately
5,766 acres of land identified
as ``To NPS, new additions'' on
the Map.
(B) Transfer of administrative jurisdiction
to the secretary of the army.--
(i) In general.--Administrative
jurisdiction over the land described in
clause (ii) is transferred from the
Secretary of the Interior to the
Secretary of the Army.
(ii) Description of land.--The land
referred to in clause (i) is the
approximately 3,737 acres of land
identified as ``To DOA'' on the Map.
(2) Boundary modifications.--
(A) Park.--
(i) In general.--The boundary of
the Park is revised to reflect the
boundary depicted on the Map.
(ii) Map.--
(I) In general.--The
Secretary of the Interior, in
coordination with the Secretary
of the Army, shall prepare and
keep on file for public
inspection in the appropriate
office of the Secretary of the
Interior a map and a legal
description of the revised
boundary of the Park.
(II) Effect.--The map and
legal description under
subclause (I) shall have the
same force and effect as if
included in this section,
except that the Secretary of
the Interior may correct
clerical and typographical
errors in the map and legal
description.
(iii) Boundary survey.--As soon as
practicable after the date of the
establishment of the Park and subject
to the availability of funds, the
Secretary of the Interior shall
complete an official boundary survey of
the Park.
(B) Missile range.--
(i) In general.--The boundary of
the missile range and the Public Land
Order are modified to exclude the land
transferred to the Secretary of the
Interior under paragraph (1)(A) and to
include the land transferred to the
Secretary of the Army under paragraph
(1)(B).
(ii) Map.--The Secretary of the
Interior shall prepare a map and legal
description depicting the revised
boundary of the missile range.
(C) Conforming amendment.--Section 2854 of
the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 54 U.S.C.
320301 note) is repealed.
(3) Administration.--
(A) Park.--The Secretary of the Interior
shall administer the land transferred under
paragraph (1)(A) in accordance with laws
(including regulations) applicable to the Park.
(B) Missile range.--Subject to subparagraph
(C), the Secretary of the Army shall administer
the land transferred to the Secretary of the
Army under paragraph (1)(B) as part of the
missile range.
(C) Infrastructure; resource management.--
(i) Range road 7.--
(I) Infrastructure
management.--To the maximum
extent practicable, in
planning, constructing, and
managing infrastructure on the
land described in subclause
(III), the Secretary of the
Army shall apply low-impact
development techniques and
strategies to prevent impacts
within the missile range and
the Park from stormwater runoff
from the land described in that
subclause.
(II) Resource management.--
The Secretary of the Army
shall--
(aa) manage the
land described in
subclause (III) in a
manner consistent with
the protection of
natural and cultural
resources within the
missile range and the
Park and in accordance
with section
101(a)(1)(B) of the
Sikes Act (16 U.S.C.
670a(a)(1)(B)),
division A of subtitle
III of title 54, United
States Code, and the
Native American Graves
Protection and
Repatriation Act (25
U.S.C. 3001 et seq.);
and
(bb) include the
land described in
subclause (III) in the
integrated natural and
cultural resource
management plan for the
missile range.
(III) Description of
land.--The land referred to in
subclauses (I) and (II) is the
land that is transferred to the
administrative jurisdiction of
the Secretary of the Army under
paragraph (1)(B) and located in
the area east of Range Road 7
in--
(aa) T. 17 S., R. 5
E., sec. 31;
(bb) T. 18 S., R. 5
E.; and
(cc) T. 19 S., R. 5
E., sec. 5.
(ii) Fence.--
(I) In general.--The
Secretary of the Army shall
continue to allow the Secretary
of the Interior to maintain the
fence shown on the Map until
such time as the Secretary of
the Interior determines that
the fence is unnecessary for
the management of the Park.
(II) Removal.--If the
Secretary of the Interior
determines that the fence is
unnecessary for the management
of the Park under subclause
(I), the Secretary of the
Interior shall promptly remove
the fence at the expense of the
Department of the Interior.
(D) Research.--The Secretary of the Army
and the Secretary of the Interior may enter
into an agreement to allow the Secretary of the
Interior to conduct certain research in the
area identified as ``Cooperative Use Research
Area'' on the Map.
(E) Military munitions and munitions
debris.--
(i) Response action.--With respect
to any Federal liability, the Secretary
of the Army shall remain responsible
for any response action addressing
military munitions or munitions debris
on the land transferred under paragraph
(1)(A) to the same extent as on the day
before the date of the enactment of
this Act.
(ii) Investigation of military
munitions and munitions debris.--
(I) In general.--The
Secretary of the Interior may
request that the Secretary of
the Army conduct 1 or more
investigations of military
munitions or munitions debris
on any land transferred under
paragraph (1)(A).
(II) Access.--The Secretary
of the Interior shall give
access to the Secretary of the
Army to the land covered by a
request under subclause (I) for
the purposes of conducting the
1 or more investigations under
that subclause.
(III) Limitation.--An
investigation conducted under
this clause shall be subject to
available appropriations.
(iii) Applicable law.--Any
activities undertaken under this
subparagraph shall be carried out in
accordance with--
(I) the Comprehensive
Environmental Response,
Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et
seq.);
(II) the purposes for which
the Park was established; and
(III) any other applicable
law.
Subtitle F--Other Matters
SEC. 2861. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS IN
DEPARTMENT OF DEFENSE FACILITIES.
The Secretary of Defense shall ensure that portable fire
extinguishers are installed and maintained in all Department of
Defense facilities, in accordance with requirements of national
model fire codes developed by the National Fire Protection
Association and the International Code Council that require
redundancy and extinguishers throughout occupancies regardless
of the presence of other suppression systems or alarm systems.
SEC. 2862. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR PURPOSES OF
MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING
ASSISTANCE.
Paragraph (4) of section 2391(e) of title 10, United States
Code, is amended to read as follows:
``(4)(A) The term `community infrastructure' means
a project or facility described in subparagraph (B)
that--
``(i) is located off of a military
installation; and
``(ii) is--
``(I) owned by a State or local
government; or
``(II) a not-for-profit, member-
owned utility service.
``(B) A project or facility described in this
subparagraph is any of the following:
``(i) Any transportation project.
``(ii) A school, hospital, police, fire,
emergency response, or other community support
facility.
``(iii) A water, waste-water,
telecommunications, electric, gas, or other
utility infrastructure project.''.
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.
(a) Acceptance of Contributions.--
(1) In general.--The Secretary concerned may accept
cash contributions from the Republic of Korea to carry
out the following:
(A) The design and construction of the
Black Hat Intelligence Fusion Center, Camp
Humphreys, Republic of Korea.
(B) The design of the Korean Air and Space
Operations and Intelligence Center, Osan Air
Base, Republic of Korea.
(2) Cost-sharing agreement.--In the event the
contribution under paragraph (1) is insufficient to
cover the entire cost of the activity authorized under
that paragraph, the Secretary concerned shall enter
into a cost-sharing agreement with the Republic of
Korea detailing the portion of the authorized activity
that is to be funded with the contribution and
identifying sufficient other funds to undertake the
entire authorized activity.
(b) Establishment of Account.--Contributions accepted under
subsection (a) shall be placed in an account established by the
Secretary concerned and shall remain available until expended
as provided in such subsection.
(c) Notice.--
(1) In general.--Not later than 14 days before
carrying out a project using contributions accepted
under subsection (a) for which the estimated cost of
the project will exceed the thresholds prescribed by
section 2805 of title 10, United States Code, the
Secretary concerned shall submit to the congressional
defense committees, the Committee on Foreign Relations
of the Senate, and the Committee on Foreign Affairs of
the House of Representatives--
(A) a written notice of the decision to
carry out the project;
(B) a justification for the project; and
(C) the estimated cost of the project.
(2) Notice for projects that require cost
sharing.--Not later than 14 days before carrying out a
project using contributions accepted under subsection
(a) for which a cost-sharing agreement is entered into
under paragraph (2) of such subsection, the Secretary
concerned shall submit to the congressional defense
committees in an electronic medium pursuant to section
480 of title 10, United States Code--
(A) a written notice of the acceptance of
the contributions for the project;
(B) a copy of the Department of Defense
Form 1391 for the project;
(C) the estimated cost of the project; and
(D) details on the cost-sharing agreement
with the Republic of Korea.
(d) Expiration of Project Authority.--
(1) In general.--The authority to accept
contributions and carry out projects under this section
expires on September 30, 2030.
(2) Continuation of projects.--The expiration of
authority under paragraph (1) does not prevent the
continuation of any project commenced before the date
specified in that paragraph.
(e) Mutually Beneficial.--A project described in subsection
(a) shall be considered to be mutually beneficial if--
(1) the project is in support of a bilateral
defense cooperation agreement between the United States
and the Republic of Korea; or
(2) the Secretary concerned determines that the
United States may derive a benefit from the project,
including--
(A) access to and use of facilities of the
military forces of the Republic of Korea;
(B) ability or capacity for future force
posture; and
(C) increased interoperability between
military forces of the Department of Defense
and the Republic of Korea.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(9) of title 10, United States Code.
SEC. 2864. BLACK START EXERCISES AT MILITARY INSTALLATIONS.
(a) Requirement.--Not later than September 30, 2020, the
Secretary of Defense shall conduct a black start exercise at
three military installations, at least one of which shall be a
Joint Base. The exercises shall be conducted at installations
at which such an exercise has not previously been conducted,
for the purpose of identifying any shortcomings in
infrastructure, joint operations, joint coordination, and
security that would result from a loss of power at the
installation.
(b) Report.--Not later than June 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees a
report that contains a discussion of lessons learned from black
start exercises conducted by the Secretary of Defense during
the period beginning with the first such exercise and ending on
December 31, 2019, including the three most recurring issues
identified as a result of such exercises with respect to
infrastructure, joint coordination efforts, and security.
(c) Black Start Exercise Defined.--In this section, the
term ``black start exercise'' means, with respect to a military
installation, an exercise in which commercial utility power at
the installation is dropped before backup generation assets
start, for the purpose of--
(1) testing the ability of the backup systems to
start, transfer the load, and carry the load until
commercial power is restored;
(2) aligning stakeholders on critical energy
requirements to meet mission requirements;
(3) validating mission operation plans, such as
continuity of operations plans;
(4) identifying infrastructure interdependencies;
and
(5) verifying backup electric power system
performance.
SEC. 2865. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND RUNWAYS
UNDER THE JURISDICTION OF THE SECRETARY OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense, in
consultation with the Secretary of Transportation, may carry
out a pilot program to design, build, and test technologies,
techniques, and materials in order to extend the service life
of roads and runways under the jurisdiction of the Secretary of
Defense.
(b) Scope.--The pilot program under subsection (a) shall
include the following:
(1) The design, testing, and assembly of
technologies and systems suitable for pavement
applications.
(2) Research, development, and testing of pavement
materials for use in different geographic areas in the
United States.
(3) The design and procurement of platforms and
equipment to test the performance, cost, feasibility,
and effectiveness of the technologies, systems, and
materials described in paragraphs (1) and (2).
(c) Award of Contracts or Grants.--
(1) In general.--The Secretary of Defense may carry
out the pilot program under subsection (a) through the
award of contracts or grants for the designing,
building, or testing of technologies, techniques, and
materials under the pilot program.
(2) Merit-based selection.--Any award of a contract
or grant under the pilot program under subsection (a)
shall be made using merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of the pilot program under subsection (a),
the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot
program.
(2) Contents.--The report under paragraph (1) with
respect to the pilot program shall include the
following:
(A) An assessment of the effectiveness of
activities under the pilot program in improving
the service life of roads and runways under the
jurisdiction of the Secretary.
(B) An analysis of the potential lifetime
cost savings and reduction in energy demands
associated with the extended service life of
such roads and runways.
(e) Termination of Authority.--The pilot program under
subsection (a) shall terminate on September 30, 2024.
SEC. 2866. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR SYSTEM RECEIVING STATION, MODOC
COUNTY, CALIFORNIA.
(a) Restrictions.--Except as provided in subsection (b),
the Secretary of the Air Force may not use any funds or
resources of the Department of the Air Force to carry out the
rehabilitation of the obsolete Over-the-Horizon Backscatter
Radar System receiving station located in Modoc National Forest
in the State of California.
(b) Exception for Removal of Perimeter Fence.--
Notwithstanding subsection (a), the Secretary of the Air Force
may use funds and resources of the Department of the Air
Force--
(1) to remove the perimeter fence, which was
treated with an arsenic-based weatherproof coating,
surrounding the Over-the-Horizon Backscatter Radar
System receiving station referred to in such
subsection; and
(2) to carry out the mitigation of soil
contamination associated with such fence.
(c) Sunset.--The restrictions in subsection (a) shall
terminate on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2025.
SEC. 2867. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD BASE.
(a) Designation.--The Sumpter Smith Air National Guard Base
in Birmingham, Alabama, shall after the date of the enactment
of this Act be known and designated as the ``Sumpter Smith
Joint National Guard Base''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
installation referred to in subsection (a) shall be considered
to be a reference to the Sumpter Smith Joint National Guard
Base.
SEC. 2868. SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION.
(a) Short Title.--This section may be cited as the ``Santa
Ynez Band of Chumash Indians Land Affirmation Act of 2019''.
(b) Findings.--Congress finds the following:
(1) On October 13, 2017, the General Council of the
Santa Ynez Band of Chumash Indians voted to approve the
Memorandum of Agreement between the County of Santa
Barbara and the Santa Ynez Band of Chumash Indians
regarding the approximately 1,427.28 acres of land,
commonly known as Camp 4, and authorized the Tribal
Chairman to sign the Memorandum of Agreement.
(2) On October 31, 2017, the Board of Supervisors
for the County of Santa Barbara approved the Memorandum
of Agreement on Camp 4 and authorized the Chair to sign
the Memorandum of Agreement.
(3) The Secretary of the Interior approved the
Memorandum of Agreement pursuant to section 2103 of the
Revised Statutes (25 U.S.C. 81).
(c) Land to Be Taken Into Trust.--
(1) In general.--The approximately l,427.28 acres
of land in Santa Barbara County, CA described in
paragraph (3), is hereby taken into trust for the
benefit of the Tribe, subject to valid existing rights,
contracts, and management agreements related to
easements and rights-of-way.
(2) Administration.--
(A) Administration.--The land described in
paragraph (3) shall be a part of the Santa Ynez
Indian Reservation and administered in
accordance with the laws and regulations
generally applicable to the land held in trust
by the United States for an Indian tribe.
(B) Effect.--For purposes of certain
California State laws (including the California
Land Conservation Act of 1965, Government Code
Section 51200, et seq.), placing the land
described in paragraph (3) into trust shall
remove any restrictions on the property
pursuant to California Government Code Section
51295 or any other provision of such Act.
(3) Legal description of lands transferred.--The
lands to be taken into trust for the benefit of the
Tribe pursuant to this Act are described as follows:
Legal Land Description/Site Location: Real property
in the unincorporated area of the County of Santa
Barbara, State of California, described as follows:
PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-
10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE
OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT
NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION
OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF
TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE
RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581
OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-
230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND
THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH
20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND
GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S
DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF
OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582
OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND
PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12,
INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE
RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE
PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583
OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-
230-23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN
THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS
SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA
DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP
4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF
THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN
EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227,
PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL
IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO.
01-105584 OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section
shall--
(A) enlarge, impair, or otherwise affect
any right or claim of the Tribe to any land or
interest in land that is in existence before
the date of the enactment of this Act;
(B) affect any water right of the Tribe in
existence before the date of the enactment of
this Act; or
(C) terminate or limit any access in any
way to any right-of-way or right-of-use issued,
granted, or permitted before the date of the
enactment of this Act.
(5) Restricted use of transferred lands.--The Tribe
may not conduct, on the land described in paragraph (3)
taken into trust for the Tribe pursuant to this
section, gaming activities--
(A) as a matter of claimed inherent
authority; or
(B) under any Federal law, including the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.) and regulations promulgated by the
Secretary or the National Indian Gaming
Commission under that Act.
(6) Definitions.--For the purposes of this
subsection:
(A) Secretary.--The term ``Secretary''
means the Secretary of the Interior.
(B) Tribe.--The term ``Tribe'' means the
Santa Ynez Band of Chumash Mission Indians.
SEC. 2869. LANDS TO BE TAKEN INTO TRUST AS PART OF THE RESERVATION OF
THE LYTTON RANCHERIA.
(a) Findings.--Congress finds the following:
(1) The Lytton Rancheria of California is a
federally recognized Indian tribe that lost its
homeland after its relationship to the United States
was unjustly and unlawfully terminated in 1958. The
Tribe was restored to Federal recognition in 1991, but
the conditions of its restoration have prevented it
from regaining a homeland on its original lands.
(2) Congress needs to take action to reverse
historic injustices that befell the Tribe and that have
prevented it from regaining a viable homeland for its
people.
(3) Prior to European contact there were as many as
350,000 Indians living in what is now the State of
California. By the turn of the 19th century, that
number had been reduced to approximately 15,000
individuals, many of them homeless and living in
scattered bands and communities.
(4) The Lytton Rancheria's original homeland was
purchased by the United States in 1926 pursuant to
congressional authority designed to remedy the unique
tragedy that befell the Indians of California and
provide them with reservations called Rancherias to be
held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased
by the United States, the Tribe settled on the land and
sustained itself for several decades by farming and
ranching.
(6) By the mid-1950s, Federal Indian policy had
shifted back towards a policy of terminating the
Federal relationship with Indian tribes. In 1958,
Congress enacted the Rancheria Act of 1958 (72 Stat.
619), which slated 41 Rancherias in California,
including the Lytton Rancheria, for termination after
certain conditions were met.
(7) On August 1, 1961, the Federal Government
terminated its relationship with the Lytton Rancheria.
This termination was illegal because the conditions for
termination under the Rancheria Act had never been met.
After termination was implemented, the Tribe lost its
lands and was left without any means of supporting
itself.
(8) In 1987, the Tribe joined three other tribes in
a lawsuit against the United States challenging the
illegal termination of their Rancherias. A Stipulated
Judgment in the case, Scotts Valley Band of Pomo
Indians of the Sugar Bowl Rancheria v. United States,
No. C-86-3660 (N.D.Cal. March 22, 1991), restored the
Lytton Rancheria to its status as a federally
recognized Indian tribe.
(9) The Stipulated Judgment provides that the
Lytton Rancheria would have the ``individual and
collective status and rights'' which it had prior to
its termination and expressly contemplated the
acquisition of trust lands for the Lytton Rancheria.
(10) The Stipulated Judgment contains provisions,
included at the request of the local county governments
and neighboring landowners, that prohibit the Lytton
Rancheria from exercising its full Federal rights on
its original homeland in the Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in
San Pablo, California, was placed in trust status for
the Lytton Rancheria for economic development purposes.
(12) The Tribe has since acquired, from willing
sellers at fair market value, property in Sonoma County
near the Tribe's historic Rancheria. This property,
which the Tribe holds in fee status, is suitable for a
new homeland for the Tribe.
(13) On a portion of the land to be taken into
trust, which portion totals approximately 124.12 acres,
the Tribe plans to build housing for its members and
governmental and community facilities.
(14) A portion of the land to be taken into trust
is being used for viniculture, and the Tribe intends to
develop more of the lands to be taken into trust for
viniculture. The Tribe's investment in the ongoing
viniculture operation has reinvigorated the vineyards,
which are producing high-quality wines. The Tribe is
operating its vineyards on a sustainable basis and is
working toward certification of sustainability.
(15) No gaming shall be conducted on the lands to
be taken into trust by this section.
(16) No gaming shall be conducted on any lands
taken into trust on behalf of the Tribe in Sonoma
County after the date of the enactment of this Act.
(17) By directing that these lands be taken into
trust, the United States will ensure that the Lytton
Rancheria will finally have a permanently protected
homeland on which the Tribe can once again live
communally and plan for future generations. This action
is necessary to fully restore the Tribe to the status
it had before it was wrongfully terminated in 1961.
(18) The Tribe and County of Sonoma have entered
into a Memorandum of Agreement as amended in 2018 in
which the County agrees to the lands in the County
being taken into trust for the benefit of the Tribe in
consideration for commitments made by the Tribe.
(b) Definitions.--For the purpose of this section, the
following definitions apply:
(1) County.--The term ``County'' means Sonoma
County, California.
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton
Rancheria of California.
(c) Lands to Be Taken Into Trust.--
(1) In general.--The land owned by the Tribe and
generally depicted on the map titled ``Lytton Fee Owned
Property to be Taken into Trust'' and dated May 1,
2015, is hereby taken into trust for the benefit of the
Tribe, subject to valid existing rights, contracts, and
management agreements related to easements and rights-
of-way.
(2) Lands to be made part of the reservation.--
Lands taken into trust under paragraph (1) shall be
part of the Tribe's reservation and shall be
administered in accordance with the laws and
regulations generally applicable to property held in
trust by the United States for an Indian tribe.
(d) Gaming.--
(1) Lands taken into trust under this section.--
Lands taken into trust for the benefit of the Tribe
under subsection (c) shall not be eligible for gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.).
(2) Other lands taken into trust.--Lands taken into
trust for the benefit of the Tribe in Sonoma County
after the date of the enactment of this Act shall not
be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
(e) Applicability of Certain Law.--Notwithstanding any
other provision of law, the Memorandum of Agreement entered
into by the Tribe and the County concerning taking land in the
County into trust for the benefit of the Tribe, which was
approved by the County Board of Supervisors on March 10, 2015,
and any addenda and supplement or amendment thereto, is not
subject to review or approval of the Secretary in order to be
effective, including review or approval under section 2103 of
the Revised Statutes (25 U.S.C. 81).
SEC. 2870. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina
Treaty of 1863, under which a large area of land in the
State of North Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North
Dakota and the Chippewa-Cree Tribe of the Rocky Boy's
Reservation of Montana, which also are political
successors to the signatories of the Pembina Treaty of
1863, have been recognized by the Federal Government as
distinct Indian tribes;
(3) the members of the Little Shell Tribe continue
to live in the State of Montana, as their ancestors
have for more than 100 years since ceding land in the
State of North Dakota as described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly
petitioned the Federal Government for reorganization
under the Act of June 18, 1934 (25 U.S.C. 5101 et seq.)
(commonly known as the ``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and
Commissioner of Indian Affairs John Collier attested to
the responsibility of the Federal Government for the
Tribe and members of the Tribe, concluding that members
of the Tribe are eligible for, and should be provided
with, trust land, making the Tribe eligible for
reorganization under the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during
the Depression, the Bureau of Indian Affairs lacked
adequate financial resources to purchase land for the
Tribe, and the members of the Tribe were denied the
opportunity to reorganize;
(7) in spite of the failure of the Federal
Government to appropriate adequate funding to secure
land for the Tribe as required for reorganization under
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.)
(commonly known as the ``Indian Reorganization Act''),
the Tribe continued to exist as a separate community,
with leaders exhibiting clear political authority;
(8) the Tribe, together with the Turtle Mountain
Band of Chippewa of North Dakota and the Chippewa-Cree
Tribe of the Rocky Boy's Reservation of Montana, filed
2 law suits under the Act of August 13, 1946 (60 Stat.
1049) (commonly known as the ``Indian Claims Commission
Act''), to petition for additional compensation for
land ceded to the United States under the Pembina
Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress,
the tribes received awards for the claims described in
paragraph (8);
(10) in 1978, the Tribe submitted to the Bureau of
Indian Affairs a petition for Federal recognition,
which is still pending as of the date of enactment of
this Act; and
(11) the Federal Government, the State of Montana,
and the other federally recognized Indian tribes of the
State have had continuous dealings with the recognized
political leaders of the Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an
individual who is enrolled in the Tribe pursuant to
subsection (f).
(2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little
Shell Tribe of Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to
the Tribe.
(2) Effect of federal laws.--Except as otherwise
provided in this section, all Federal laws (including
regulations) of general application to Indians and
Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), shall apply to the Tribe and
members.
(d) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment
of this Act, the Tribe and each member shall be
eligible for all services and benefits provided by the
United States to Indians and federally recognized
Indian tribes, without regard to--
(A) the existence of a reservation for the
Tribe; or
(B) the location of the residence of any
member on or near an Indian reservation.
(2) Service area.--For purposes of the delivery of
services and benefits to members, the service area of
the Tribe shall be considered to be the area comprised
of Blaine, Cascade, Glacier, and Hill Counties in the
State of Montana.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes
any right or privilege of the Tribe or any member that
existed before the date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided
in this section, nothing in this section alters or
affects any legal or equitable claim of the Tribe to
enforce any right or privilege reserved by, or granted
to, the Tribe that was wrongfully denied to, or taken
from, the Tribe before the date of enactment of this
Act.
(f) Membership Roll.--
(1) In general.--As a condition of receiving
recognition, services, and benefits pursuant to this
section, the Tribe shall submit to the Secretary, by
not later than 18 months after the date of enactment of
this Act, a membership roll consisting of the name of
each individual enrolled as a member of the Tribe.
(2) Determination of membership.--The
qualifications for inclusion on the membership roll of
the Tribe shall be determined in accordance with
sections 1 through 3 of article 5 of the constitution
of the Tribe dated September 10, 1977 (including
amendments to the constitution).
(3) Maintenance of roll.--The Tribe shall maintain
the membership roll under this subsection.
(g) Acquisition of Land.--
(1) Homeland.--The Secretary shall acquire, for the
benefit of the Tribe, trust title to 200 acres of land
within the service area of the Tribe to be used for a
tribal land base.
(2) Additional land.--The Secretary may acquire
additional land for the benefit of the Tribe pursuant
to section 5 of the Act of June 18, 1934 (25 U.S.C.
5108) (commonly known as the ``Indian Reorganization
Act'').
SEC. 2871. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR FORCE BASE.
It is the sense of Congress that the Secretary of the Air
Force should--
(1) restore Tyndall Air Force Base to achieve
military installation resilience, as defined in section
101(e)(8) of title 10, United States Code; and
(2) use innovative construction methods, materials,
designs, and technologies in carrying out such
restoration in order to achieve efficiencies, cost
savings, resiliency, and capability, which may
include--
(A) open architecture design to evolve with
the national defense strategy; and
(B) efficient ergonomic enterprise for
members of the Air Force in the 21st century.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
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.
Subtitle B--Emergency Military Construction
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.
Subtitle A--Overseas Contingency Operations Military Construction
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Army may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in the
following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $78,412,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the congressional
defense committees a report containing a plan to carry out each
military construction project authorized in the final item in
the table in subsection (a) for an unspecified location for the
European Deterrence Initiative. The plan shall include a
Department of Defense Form 1391 for each proposed project. The
Secretary may not commence a project until the report has been
submitted.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Navy may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in the
following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... SW Asia.................................... $53,360,000
Italy........................................... Sigonella.................................. $77,400,000
Spain........................................... Rota....................................... $69,570,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $36,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional
defense committees a report containing a plan to carry out each
military construction project authorized in the final item in
the table in subsection (a) for an unspecified location for the
European Deterrence Initiative. The plan shall include a
Department of Defense Form 1391 for each proposed project. The
Secretary may not commence a project until the report has been
submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Air Force may acquire real property and carry
out the military construction projects for the installations
outside the United States, and in the amounts, set forth in the
following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $211,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the
congressional defense committees a report containing a plan to
carry out each military construction project authorized in the
final item in the table in subsection (a) for an unspecified
location for the European Deterrence Initiative. The plan shall
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report has been submitted.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may acquire real property and
carry out the military construction project for the
installation outside the United States, and in the amount, set
forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Gemersheim..................................... $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the military
construction projects outside the United States authorized by
this subtitle as specified in the funding table in section
4602.
Subtitle B--Emergency Military Construction
SEC. 2911. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Navy Authorization.--Subject to subsection (b), using
amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military
construction projects inside the United States as specified in
the funding table in section 4603, the Secretary of the Navy
may acquire real property and carry out military construction
projects for the installations or locations inside the United
States, and in the amounts, set forth in the following table:
Navy Authorization
------------------------------------------------------------------------
Installation or
State or Location Location Amount
------------------------------------------------------------------------
California................... Naval Air $1,152,680,000
Weapons Station
China Lake.....
North Carolina............... Camp Lejeune.... $627,747,000
Marine Corps Air $66,551,000
Station Cherry
Point..........
NCAS New River.. $465,822,000
------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Navy shall submit to the congressional
defense committees a report containing a plan to carry out the
military construction projects authorized by this section. The
plan shall include an explanation of how each military
construction project will incorporate mitigation measures that
reduce the threat from extreme weather events, mean sea level
fluctuation, flooding, and any other known environmental threat
to resilience, including a list of any areas in which there is
a variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report required from the Secretary has been submitted.
SEC. 2912. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Air Force Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military
construction projects inside the United States as specified in
the funding table in section 4603, the Secretary of the Air
Force may acquire real property and carry out military
construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the
following table:
Air Force Authorization
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Florida...................... Tyndall Air $1,500,200,000
Force Base.....
Nebraska..................... Offutt Air Force $140,500,000
Base...........
Virginia..................... Joint Base $31,000,000
Langley-Eustis.
------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Air Force shall submit to the Committees
on Armed Services of the House of Representatives and the
Senate a report containing a plan to carry out the military
construction projects authorized by this section. The plan
shall include an explanation of how each military construction
project will incorporate mitigation measures that reduce the
threat from extreme weather events, mean sea level fluctuation,
flooding, and any other known environmental threat to
resilience, including a list of any areas in which there is a
variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report required from the Secretary has been submitted.
SEC. 2913. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD CONSTRUCTION
AND LAND ACQUISITION PROJECTS.
(a) Army National Guard Authorization.--Subject to
subsection (b), using amounts appropriated pursuant to the
authorization of appropriations in section 2915 and available
for military construction projects inside the United States as
specified in the funding table in section 4603, the Secretary
of the Army may acquire real property and carry out military
construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the
following table:
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... Pineville.................................. $16,500,000
Nebraska........................................ Ashland.................................... $43,500,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of the Army shall submit to the congressional
defense committees a report containing a plan to carry out the
military construction projects authorized by this section. The
plan shall include an explanation of how each military
construction project will incorporate mitigation measures that
reduce the threat from extreme weather events, mean sea level
fluctuation, flooding, and any other known environmental threat
to resilience, including a list of any areas in which there is
a variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report required from the Secretary has been submitted.
SEC. 2914. AUTHORIZATION OF EMERGENCY DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Defense Agencies Authorization.--Subject to subsection
(b), using amounts appropriated pursuant to the authorization
of appropriations in section 2915 and available for military
construction projects inside the United States as specified in
the funding table in section 4603, the Secretary of Defense may
acquire real property and carry out the military construction
project for the installation inside the United States, and in
the amount, set forth in the following table:
Defense Agencies Authorization
----------------------------------------------------------------------------------------------------------------
State or Location Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina.................................. Camp Lejeune............................... $75,313,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional
defense committees a report containing a plan to carry out the
military construction project authorized by this section. The
plan shall include an explanation of how the military
construction project will incorporate mitigation measures that
reduce the threat from extreme weather events, mean sea level
fluctuation, flooding, and any other known environmental threat
to resilience, including a list of any areas in which there is
a variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also
include a Department of Defense Form 1391 for the proposed
project. The Secretary may not commence the project until the
report required from the Secretary has been submitted.
SEC. 2915. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
MILITARY CONSTRUCTION PROJECTS.
Funds are hereby authorized to be appropriated for the
Department of Defense for the military construction projects
authorized by this subtitle as specified in the funding table
in section 4603, in such amounts as may be designated as
emergency requirements pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
(2 U.S.C. 901(b)(2)(A)(i)).
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
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.
Subtitle B--Other Amendatory Provisions
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.
Subtitle C--One-Time Reporting Requirements
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.
Subtitle D--Development of Housing Reform Standards and Processes
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.
Subtitle E--Other Housing Reform Matters
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. 3001. DEFINITIONS.
(a) Definitions Generally.--In this title:
(1) The term ``landlord'' means an eligible entity
that enters into, or has entered into, a contract as a
partner with the Secretary concerned for the
acquisition or construction of a housing unit under
subchapter IV of chapter 169 of title 10, United States
Code. The term includes any agent of the eligible
entity or any subsequent lessor who owns, manages, or
is otherwise responsible for a housing unit. The term
does not include an entity of the Federal Government.
(2) The term ``privatized military housing'' means
military housing provided under subchapter IV of
chapter 169 of title 10, United States Code.
(3) The term ``tenant'' means a member of the armed
forces, including a reserve component thereof in an
active status, or a dependent of a member of the armed
forces who resides at a housing unit, is a party to a
lease for a housing unit, or is authorized to act on
behalf of the member under subchapters IV and V of
chapter 169 of title 10, United States Code, in the
event of the assignment or deployment of a member.
(b) New and Revised Title 10 Definitions.--Section 2871 of
title 10, United States Code, is amended--
(1) in paragraph (4), by adding at the end the
following new sentence: ``The fact that an agreement
between an eligible entity and the Secretary concerned
is designated as an agreement rather than a contract
shall not be construed to exclude the agreement from
the term `contract' for purposes of this subchapter and
subchapter V.'';
(2) by redesignating paragraphs (7) and (8) as
paragraphs (11) and (13), respectively;
(3) by inserting after paragraph (6) the following
new paragraphs:
``(7) The term `housing document' means a document
developed by the Secretary of Defense under section
2890 of this title and known as the Military Housing
Privatization Initiative Tenant Bill of Rights or the
Military Housing Privatization Initiative Tenant
Responsibilities.
``(8) The term `housing unit' means a unit of
family housing or military unaccompanied housing
acquired or constructed under this subchapter.
``(9) The term `incentive fees' means any amounts
payable to a landlord for meeting or exceeding
performance metrics as specified in a contract with the
Department of Defense.
``(10) The term `landlord' means an eligible entity
that enters into, or has entered into, a contract as a
partner with the Secretary concerned for the
acquisition or construction of a housing unit under
this subchapter. The term includes any agent of the
eligible entity or any subsequent lessor who owns,
manages, or is otherwise responsible for a housing
unit. The term does not include an entity of the
Federal Government.''; and
(4) by inserting after paragraph (11), as
redesignated by paragraph (2) of this subsection, the
following new paragraph:
``(12) The term `tenant' means a member of the
armed forces, including a reserve component thereof in
an active status, or a dependent of a member of the
armed forces who resides at a housing unit, is a party
to a lease for a housing unit, or is authorized to act
on behalf of the member under this subchapter and
subchapter V of this chapter in the event of the
assignment or deployment of a member.''.
(c) Conforming Amendments to Existing Definitions.--Section
2871 of title 10, United States Code, is further amended in
paragraphs (1), (3), and (5) by striking ``military'' before
``housing units''.
Subtitle A--Addition of New Reform Subchapter
SEC. 3011. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF PRIVATIZED MILITARY
HOUSING AND PROTECTIONS AND RESPONSIBILITIES FOR
TENANTS OF PRIVATIZED MILITARY HOUSING.
(a) Applicability of Definitions.--Section 2871 of title
10, United States Code, as amended by section 3001, is further
amended in the matter preceding the paragraphs by inserting
``and subchapter V of this chapter'' after ``this subchapter''.
(b) Military Housing Privatization Reforms.--Chapter 169 of
title 10, United States Code, is amended by adding at the end
the following new subchapter:
``SUBCHAPTER V--OVERSIGHT OF LANDLORDS AND PROTECTIONS AND
RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING
``Sec. 2890. Rights and responsibilities of tenants of housing units
``(a) Development of Tenant Bill of Rights and Tenant
Responsibilities Documents.--(1) The Secretary of Defense shall
develop two separate documents, to be known as the Military
Housing Privatization Initiative Tenant Bill of Rights and the
Military Housing Privatization Initiative Tenant
Responsibilities, for tenants of housing units.
``(2) The Secretary of each military department shall
ensure that the housing documents are attached to each lease
agreement for a housing unit.
``(3) The rights and responsibilities contained in the
housing documents are not intended to be exclusive. The
omission of a tenant right or responsibility shall not be
construed to deny the existence of such a right or
responsibility for tenants.
``(4) Each contract between the Secretary concerned and a
landlord shall incorporate the housing documents and guarantee
the rights and responsibilities of tenants who reside in
housing units covered by the contract.
``(5) The Secretary of Defense shall develop the housing
documents in coordination with the Secretaries of the military
departments.
``(b) Elements of Tenant Bill of Rights.--At a minimum, the
Military Housing Privatization Initiative Tenant Bill of Rights
shall address the following rights of tenants of housing units:
``(1) The right to reside in a housing unit and
community that meets applicable health and
environmental standards.
``(2) The right to reside in a housing unit that
has working fixtures, appliances, and utilities and to
reside in a community with well-maintained common areas
and amenity spaces.
``(3) The right to be provided with a maintenance
history of the prospective housing unit before signing
a lease, as provided in section 2892a of this title.
``(4) The right to a written lease with clearly
defined rental terms to establish tenancy in a housing
unit, including any addendums and other regulations
imposed by the landlord regarding occupancy of the
housing unit and use of common areas.
``(5) The right to a plain-language briefing,
before signing a lease and 30 days after move-in, by
the installation housing office on all rights and
responsibilities associated with tenancy of the housing
unit, including information regarding the existence of
any additional fees authorized by the lease, any
utilities payments, the procedures for submitting and
tracking work orders, the identity of the military
tenant advocate, and the dispute resolution process.
``(6) The right to have sufficient time and
opportunity to prepare and be present for move-in and
move-out inspections, including an opportunity to
obtain and complete necessary paperwork.
``(7) The right to report inadequate housing
standards or deficits in habitability of the housing
unit to the landlord, the chain of command, and housing
management office without fear of reprisal or
retaliation, as provided in subsection (e), including
reprisal or retaliation in the following forms:
``(A) Unlawful recovery of, or attempt to
recover, possession of the housing unit.
``(B) Unlawfully increasing the rent,
decreasing services, or increasing the
obligations of a tenant.
``(C) Interference with a tenant's right to
privacy.
``(D) Harassment of a tenant.
``(E) Refusal to honor the terms of the
lease.
``(F) Interference with the career of a
tenant.
``(8) The right of access to a military tenant
advocate, as provided in section 2894(b)(4) of this
title, through the housing management office of the
installation of the Department at which the housing
unit is located.
``(9) The right to receive property management
services provided by a landlord that meet or exceed
industry standards and that are performed by
professionally and appropriately trained, responsive,
and courteous customer service and maintenance staff.
``(10) The right to have multiple, convenient
methods to communicate directly with the landlord
maintenance staff, and to receive consistently honest,
accurate, straightforward, and responsive
communications.
``(11) The right to have access to an electronic
work order system through which a tenant may request
maintenance or repairs of a housing unit and track the
progress of the work.
``(12) With respect to maintenance and repairs to a
housing unit, the right to the following:
``(A) Prompt and professional maintenance
and repair.
``(B) To be informed of the required time
frame for maintenance or repairs when a
maintenance request is submitted.
``(C) In the case of maintenance or repairs
necessary to ensure habitability of a housing
unit, to prompt relocation into suitable
lodging or other housing at no cost to the
tenant until the maintenance or repairs are
completed.
``(13) The right to receive advice from military
legal assistance on procedures involving mechanisms for
resolving disputes with the property management company
or property manager to include mediation, arbitration,
and filing claims against a landlord.
``(14) The right to enter into a dispute resolution
process, as provided in section 2894 of this title,
should all other methods be exhausted and, in which
case, a decision in favor of the tenant may include a
reduction in rent or an amount to be reimbursed or
credited to the tenant.
``(15) The right to have the tenant's basic
allowance housing payments segregated and held in
escrow, with approval of a designated commander, and
not used by the property owner, property manager, or
landlord pending completion of the dispute resolution
process.
``(16) The right to have reasonable, advance notice
of any entrance by a landlord, installation housing
staff, or chain of command into the housing unit,
except in the case of an emergency or abandonment of
the housing unit.
``(17) The right to not pay non-refundable fees or
have application of rent credits arbitrarily held.
``(18) The right to expect common documents, forms,
and processes for housing units will be the same for
all installations of the Department, to the maximum
extent applicable without violating local, State, and
Federal regulations.
``(c) Elements of Tenant Responsibilities.--At a minimum,
the Military Housing Privatization Initiative Tenant
Responsibilities shall address the following responsibilities
of tenants of housing units:
``(1) The responsibility to report in a timely
manner any apparent environmental, safety, or health
hazards of the housing unit to the landlord and any
defective, broken, damaged, or malfunctioning building
systems, fixtures, appliances, or other parts of the
housing unit, the common areas, or related facilities.
``(2) The responsibility to maintain standard
upkeep of the housing unit as instructed by the housing
management office.
``(3) The responsibility to conduct oneself as a
tenant in a manner that will not disturb neighbors, and
to assume responsibility for one's actions and those of
a family member or guest in the housing unit or common
areas.
``(4) The responsibility not to engage in any
inappropriate, unauthorized, or criminal activity in
the housing unit or common areas.
``(5) The responsibility to allow the landlord
reasonable access to the rental home in accordance with
the terms of the tenant lease agreement to allow the
landlord to make necessary repairs in a timely manner.
``(6) The responsibility to read all lease-related
materials provided by the landlord and to comply with
the terms of the lease agreement, lease addenda, and
any associated rules and guidelines.
``(d) Submission to Congress and Public Availability.--(1)
As part of the budget submission for fiscal year 2021, and
biennially thereafter, the Secretary of Defense shall submit
the then-current housing documents to the congressional defense
committees.
``(2) Any change made to a housing document must be
submitted to Congress at least 30 days before the change takes
effect.
``(3) Upon submission of a housing document under paragraph
(1) or (2), the Secretary of Defense shall publish the housing
document on a publicly available Internet website of the
Department of Defense.''.
(c) Clerical Amendments.--
(1) Table of sections.--Subchapter V of chapter 169
of title 10, United States Code, as added by subsection
(b), is amended by inserting after the subchapter
heading the following table of sections:
Sec.
2890. Rights and responsibilities of tenants of housing units.
2890a. Chief Housing Officer.
2891. Requirements relating to contracts for provision of housing units.
2891a. Requirements relating to management of housing units.
2891b. Considerations of eligible entity housing history in contracts
for privatized military housing.
2891c. Financial transparency.
2892. Maintenance work order system for housing units.
2892a. Access by tenants to historical maintenance information.
2892b. Prohibition on requirement to disclose personally identifiable
information in electronic requests for maintenance.
2893. Treatment of incentive fees for landlords of housing units for
failure to remedy health or environmental hazards.
2894. Landlord-tenant dispute resolution process and treatment of
certain payments during process.
2894a. Complaint database.
(2) Table of subchapters.--The table of subchapters
at the beginning of chapter 169 of title 10, United
States Code, is amended by inserting after the item
relating to subchapter IV the following new item:
``V. Oversight of Landlords and Protections and Responsibilities
for Tenants of Privatized Military Housing........2890.''.
SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY
HOUSING.
(a) Designation Required.--Subchapter V of chapter 169 of
title 10, United States Code, as added by section 3011, is
amended by inserting after section 2890 of such title, as added
by section 3011 and amended by sections 3023 and 3024, the
following new section:
``Sec. 2890a. Chief Housing Officer
``(a) Designation.--(1) The Secretary of Defense shall
designate, from among officials of the Department of Defense
who are appointed by the President with the advice and consent
of the Senate, a Chief Housing Officer who shall oversee
housing units.
``(2) The official of the Department of Defense designated
as Chief Housing Officer may be assigned duties in addition to
the duties as Chief Housing Officer under subsection (b).
``(b) Principal Duties.--(1) The Chief Housing Officer
shall oversee all aspects of the provision of housing under
subchapter IV and this subchapter, including the following:
``(A) Creation and standardization of policies and
processes regarding housing units.
``(B) Oversight of the administration of any
Department of Defense-wide policies regarding housing
units, to include, in coordination with the Secretaries
of the military departments, the housing documents
developed pursuant to section 2890 of this title
entitled Military Housing Privatization Initiative
Tenant Bill of Rights and Military Housing
Privatization Initiative Tenant Responsibilities.
``(2) The duties specified in paragraph (1) may not be
further delegated.''.
(b) Notification of Designation.--Not later than 60 days
after the date of the enactment of this Act, the Secretary of
Defense shall notify the congressional defense committees of
the official of the Department of Defense designated as Chief
Housing Officer under section 2890a of title 10, United States
Code, as added by subsection (a). Any time the designation of
Chief Housing Officer changes, the Secretary of Defense shall
update the notification of the congressional defense committees
within 30 days after the new designation.
SEC. 3013. ADDITIONAL REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2890a of such title, as added by
section 3012, the following new section:
``Sec. 2891. Requirements relating to contracts for provision of
housing units
``(a) In General.--The requirements of this section
condition contracts entered into using the authorities provided
to the Secretary concerned under section 2872 of this title and
other authorities provided under subchapter IV of this chapter
and this subchapter.
``(b) Exclusion of Certain Employees.--A landlord providing
a housing unit shall prohibit any employee of the landlord who
commits work-order fraud under the contract from doing any work
under the contract.
``(c) Dispute Resolution Process.--Any decision the
commander renders in favor of the tenant in the formal dispute
resolution process established pursuant to section 2894 of this
title will be taken into consideration in determining whether
to pay or withhold all or part of any incentive fees for which
a landlord may otherwise be eligible under the contract.
``(d) Responsibility for Certain Medical Costs.--
``(1) Reimbursement required under certain
circumstances.--If the Secretary concerned finds that a
landlord fails to maintain safe and sanitary conditions
for a housing unit under the contract and that, subject
to paragraph (2), these conditions result in a tenant
of the housing unit receiving medical evaluations and
treatment, the landlord shall be responsible for
reimbursing the Department of Defense for any costs
incurred by the Department to provide the medical
evaluations and treatment to the tenant, whether such
evaluations and treatment are provided in a military
medical treatment facility or through the TRICARE
provider network.
``(2) Review process.--Before the Secretary
concerned may submit a claim under paragraph (1) to a
landlord for reimbursement of Department medical
evaluation and treatment costs--
``(A) a military medical professional must
determine that the tenant's medical conditions
were caused by unsafe and unsanitary conditions
of the housing unit; and
``(B) the documentation of the medical
evaluation showing causation must be sent to
the Director of the Defense Health Agency for
review and approval.
``(3) Uniform processes and procedures.--Not later
than 180 days after the date of the enactment of this
section, the Director of the Defense Health Agency
shall develop and publish uniform processes and
procedures to be used by medical providers in military
medical treatment facilities to make determinations
regarding whether environmental hazards within housing
units serve as causative factors for medical conditions
being evaluated and treated in military medical
treatment facilities or through the TRICARE provider
network.
``(e) Responsibility for Relocation Costs.--
``(1) Permanent relocation.--A landlord providing a
housing unit shall pay reasonable relocation costs
associated with the permanent relocation of a tenant
from the housing unit to a different housing due to
health or environmental hazards--
``(A) present in the housing unit being
vacated through no fault of the tenant; and
``(B) confirmed by the housing management
office of the installation for which the
housing unit is provided as making the unit
uninhabitable or unable to be remediated safely
while tenant occupies the housing unit.
``(2) Temporary relocation.--The landlord shall pay
reasonable relocation costs and actual costs of living,
including per diem, associated with the temporary
relocation of a tenant to a different housing unit due
to health or environmental hazards--
``(A) present in the housing unit being
vacated through no fault of the tenant; and
``(B) confirmed by the housing management
office of the installation as making the unit
uninhabitable or unable to be remediated safely
while tenant occupies the housing unit.
``(f) Maintenance Work Order System.--A landlord providing
a housing unit shall ensure that the maintenance work order
system of the landlord (hardware and software) is up to date,
including--
``(1) by providing a reliable mechanism through
which a tenant may submit work order requests through
an Internet portal and mobile application, which shall
incorporate the ability to upload photos, communicate
with maintenance personnel, and rate individual service
calls;
``(2) by allowing real-time access to such system
by officials of the Department at the installation,
major subordinate command, and service-wide levels; and
``(3) by allowing the work order or maintenance
ticket to be closed only once the tenant and the head
of the housing management office of the installation
sign off.
``(g) Implementation.--The Secretary concerned shall create
such legal documents as may be necessary to carry out this
section.''.
(b) Effective Date.--The requirements set forth in section
2891 of title 10, United States Code, as added by subsection
(a), shall apply to appropriate legal documents entered into or
renewed on or after the date of the enactment of this Act
between the Secretary of a military department and a landlord
regarding privatized military housing.
(c) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020,
the Secretary of Defense shall seek agreement from all
landlords to accept the application of the requirements
set forth in section 2891 of title 10, United States
Code, as added by subsection (a), to appropriate legal
documents entered into or renewed before the date of
the enactment of this Act between the Secretary of a
military department and a landlord regarding privatized
military housing
(2) Submittal of list to congress.--Not later than
March 1, 2020, the Secretary of Defense shall submit to
the congressional defense committees a list of any
landlords that did not agree under paragraph (1) to
accept the requirements set forth in section 2891 of
title 10, United States Code, as added by subsection
(a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the
Secretaries of the military departments shall include
any lack of agreement under paragraph (1) as past
performance considered under section 2891b of title 10,
United States Code, as added by section 3015,with
respect to entering into or renewing any future
contracts regarding privatized military housing.
SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2891 of such title, as added by section
3013, the following new section:
``Sec. 2891a. Requirements relating to management of housing units
``(a) In General.--The Secretary of Defense shall ensure
that each contract between the Secretary concerned and a
landlord regarding the management of housing units for an
installation of the Department of Defense includes the
requirements set forth in this section.
``(b) Requirements for Installation Commanders.--(1) The
installation commander shall be responsible for--
``(A) reviewing, on an annual basis, the mold
mitigation plan and pest control plan of each landlord
managing housing units for the installation; and
``(B) notifying the landlord and the major
subordinate command of any deficiencies found in either
plan.
``(2) In response to a request by the head of the housing
management office of an installation, the installation
commander shall use the assigned bio-environmental personnel or
contractor equivalent at the installation to test housing units
for mold, unsafe water conditions, and other health and safety
conditions
``(c) Requirements for Housing Management Office.--(1) The
head of the housing management office of an installation shall
be responsible for--
``(A) conducting a physical inspection of, and
approving the habitability of, a vacant housing unit
for the installation before the landlord managing the
housing unit is authorized to offer the housing unit
available for occupancy;
``(B) conducting a physical inspection of the
housing unit upon tenant move-out; and
``(C) maintaining all test results relating to the
health, environmental, and safety condition of the
housing unit and the results of any inspection
conducted by the housing management office, landlord,
or third-party contractor for the life of the contract
relating to that housing unit.
``(2) The head of the installation housing management
office shall be provided a list of any move-out charges that a
landlord seeks to collect from an outgoing tenant.
``(3) The head of the installation housing management
office shall initiate contact with a tenant regarding the
satisfaction of the tenant with the housing unit of the tenant
not later than--
``(A) 15 days after move-in; and
``(B) 60 days after move-in.
``(d) Requirements for Landlords.--(1) The landlord
providing a housing unit shall disclose to the Secretary of
Defense any bonus structures offered for community managers and
regional executives and any bonus structures relating to
maintenance of housing units, in order to minimize the impact
of those incentives on the operating budget of the installation
for which the housing units are provided.
``(2) With respect to test results relating to the health
and safety condition of a housing unit, the landlord providing
the housing unit shall--
``(A) not later than three days after receiving the
test results, share the results with the tenant of the
housing unit and submit the results to the head of the
installation housing management office; and
``(B) include with any environmental hazard test
results a simple guide explaining those results,
preferably citing standards set forth by the Federal
Government relating to environmental hazards.
``(3) Before a prospective tenant signs a lease to occupy a
housing unit, the landlord providing the housing unit shall
conduct a walkthrough inspection of the housing unit--
``(A) for the prospective tenant; or
``(B) if the prospective tenant is not able to be
present for the inspection, with an official of the
housing management office designated by the prospective
tenant to conduct the inspection on the tenant's
behalf.
``(4) In the event that the installation housing management
office determines that a housing unit does not meet minimum
health, safety, and welfare standards set forth in Federal,
State, and local law as a result of a walkthrough inspection or
an inspection conducted under subsection (c), the landlord
providing the housing unit shall remediate any issues and make
any appropriate repairs to the satisfaction of the housing
management office and subject to another inspection by the
housing management office.
``(5) A landlord providing a housing unit may not conduct
any promotional events to encourage tenants to fill out
maintenance comment cards or satisfaction surveys of any kind,
without the approval of the chief of the housing management
office.
``(6) A landlord providing a housing unit may not award an
installation of the Department of Defense or an officer or
employee of the Department a `Partner of the Year award' or
similar award.
``(7) A landlord providing a housing unit may not enter
into any form of settlement, nondisclosure, or release of
liability agreement with a tenant without--
``(A) first notifying the tenant of the tenant's
right to assistance from the legal assistance office at
the installation; and
``(B) not later than five days before entering into
such settlement, nondisclosure, or release of liability
agreement, providing a copy of the agreement and terms
to the Assistant Secretary of Defense for Sustainment.
``(8) A landlord providing a housing unit may not change
the position of a prospective tenant on a waiting list for a
housing unit or remove a prospective tenant from the waiting
list in response to the prospective tenant turning down an
offer for a housing unit, if the housing unit is determined
unsatisfactory by the prospective tenant and the determination
is confirmed by the housing management office and the
installation commander.
``(9) A landlord providing a housing unit shall allow
employees of the housing management office and other officers
and employees of the Department to conduct--
``(A) with the permission of the tenant of the
housing unit as appropriate, physical inspections of
the housing unit; and
``(B) physical inspections of any common areas
maintained by the landlord.
``(10) A landlord providing a housing unit shall agree to
participate in the dispute resolution and payment-withholding
processes established pursuant to section 2894 of this title.
``(11) A landlord providing a housing unit shall ensure
that the needs of enrollees in the Exceptional Family Member
Program, or any successor program, are considered in assigning
prospective tenants to housing units provided by the landlord.
``(12) A landlord providing a housing unit shall maintain
an electronic work order system that enables access by the
tenant to view work order history, status, and other relevant
information, as required by section 2892 of this title.
``(13) A landlord providing a housing unit shall agree to
have any agreements or forms to be used by the landlord
approved by the Assistant Secretary of Defense for Sustainment,
including the following:
``(A) A common lease agreement.
``(B) Any disclosure or nondisclosure forms that
could be given to a tenant.
``(e) Prohibition Against Collection of Amounts in Addition
to Rent.--(1) A landlord providing a housing unit may not
impose on a tenant of the housing unit a supplemental payment,
such as an out-of-pocket fee, in addition to the amount of rent
the landlord charges for a unit of similar size and composition
to the housing unit, without regard to whether or not the
amount of the any basic allowance for housing under section 403
of title 37 the tenant may receive as a member of the armed
forces is less than the amount of the rent.
``(2) Nothing in paragraph (1) shall be construed--
``(A) to prohibit a landlord from imposing an
additional payment--
``(i) for optional services provided to
military tenants, such as access to a gym or a
parking space;
``(ii) for non-essential utility services,
as determined in accordance with regulations
promulgated by the Secretary concerned; or
``(iii) to recover damages associated with
tenant negligence, consistent with subsection
(c)(2); or
``(B) to limit or otherwise affect the authority of
the Secretary concerned to enter into rental guarantee
agreements under section 2876 of this title or to make
differential lease payments under section 2877 of this
title, so long as such agreements or payments do not
require a tenant to pay an out-of-pocket fee or payment
in addition to the amount of the any basic allowance
for housing under section 403 of title 37 the tenant
may receive as a member of the armed forces.''.
(b) Military Department Implementation Plans.--Not later
than February 1, 2020, the Secretary of each military
department shall submit to the congressional defense committees
a plan for the implementation by that military department of
section 2891a of title 10, United States Code, as added by
subsection (a).
(c) Effective Date.--The requirements set forth in section
2891a of title 10, United States Code, as added by subsection
(a), shall apply to appropriate legal documents entered into or
renewed on or after the date of the enactment of this Act
between the Secretary of a military department and a landlord
regarding privatized military housing.
(d) Repeal of Replaced Provision.--
(1) Repeal.--Section 2886 of title 10, United
States Code, is repealed.
(2) Clerical amendment.--The table of sections at
the beginning of subchapter IV of chapter 169 of title
10, United States Code, is amended by striking the item
relating to section 2886.
(e) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020,
the Secretary of Defense shall seek agreement from all
landlords to accept the application of the requirements
set forth in section 2891a of title 10, United States
Code, as added by subsection (a), to appropriate legal
documents entered into or renewed before the date of
the enactment of this Act between the Secretary of a
military department and a landlord regarding privatized
military housing
(2) Submittal of list to congress.--Not later than
March 1, 2020, the Secretary of Defense shall submit to
the congressional defense committees a list of any
landlords that did not agree under paragraph (1) to
accept the requirements set forth in section 2891a of
title 10, United States Code, as added by subsection
(a).
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the
Secretaries of the military departments shall include
any lack of agreement under paragraph (1) as past
performance considered under section 2891b of title 10,
United States Code, as added by section 3015, with
respect to entering into or renewing any future
contracts regarding privatized military housing.
SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS FOR
PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2891a of such title, as added by section 3014, the
following new section:
``Sec. 2891b. Considerations of eligible entity housing history in
contracts for privatized military housing
``(a) Consideration Required.--To assist in making a
determination whether to enter into a new contract, or renew an
existing contract, with an eligible entity, the Secretary of
Defense shall develop a standard process by which the Secretary
concerned may evaluate the past performance of the eligible
entity for purposes of informing future decisions regarding the
award of such a contract.
``(b) Elements of Process.--The process developed under
subsection (a) shall include, at a minimum, consideration of
the following:
``(1) Any history of the eligible entity of
providing substandard housing.
``(2) The recommendation of the commander of the
installation for which housing units will be provided
under the contract.
``(3) The recommendation of the commander of any
other installation for which the eligible entity has
provided housing units.''.
SEC. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
(a) Improved Financial Transparency.--Subchapter V of
chapter 169 of title 10, United States Code, as added by
section 3011, is amended by inserting after section 2891b of
such title, as added by section 3015, the following new
section:
``Sec. 2891c. Financial transparency
``(a) Submission of Landlord Financial Information.--(1)
Not less frequently than annually, the Secretary of Defense
shall require that each landlord submit to the Secretary a
report providing information regarding all housing units
provided by the landlord.
``(2) Information provided under paragraph (1) by a
landlord shall include the following:
``(A) A comprehensive summary of the landlord's
financial performance.
``(B) The amount of base management fees relating
to all housing units provided by the landlord.
``(C) The amount of asset management fees relating
to such housing units.
``(D) The amount of preferred return fees relating
to such housing units.
``(E) The residual cashflow distributions relating
to such housing units.
``(F) The amount of deferred fees or other fees
relating to such housing units.
``(3) In this subsection:
``(A) The term `base management fees' means the
monthly management fees collected for services
associated with accepting and processing rent payments,
ensuring tenant rent payments, property inspections,
maintenance management, and emergency maintenance
calls.
``(B) the term `asset management fees' means fees
paid to manage a housing unit for the purpose of
ensuring the housing unit is maintained in good
condition and making repairs over the lifecycle of the
housing unit.
``(C) the term `preferred return fees' means fees
associated with any claims on profits furnished to
preferred investors with an interest in the housing
unit.
``(D) the term `residual cashflow distribution'
means the steps a specific housing project takes to
restructure after it is determined that the project is
in an unacceptable financial condition.
``(E) the term `deferred fee' means any fee that
was not paid to a person in a calendar year in order to
meet other financial obligations of the landlord.
``(b) Availability of Information on Use of Incentive
Fees.--(1) Not less frequently than annually, the Secretary of
Defense shall publish, on a publicly accessible website,
information regarding the use by the Secretary concerned of
incentive fees to support contracts for the provision or
management of housing units.
``(2) The information provided under paragraph (1) shall
include, with respect to each contract, the following:
``(A) The applicable incentive fees.
``(B) The metrics used to determine the incentive
fees.
``(C) Whether incentive fees were paid in full, or
were withheld in part or in full, during the period
covered by the release of information.
``(D) If any incentive fees were withheld, the
reasons for such withholding.''.
(b) Establishment and Availability of Complaint Database.--
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section
2894 of such title, as added by section 3022, the following new
section:
``Sec. 2894a. Complaint database
``(a) Database Required.--The Secretary of Defense shall
establish a database of complaints made regarding housing
units.
``(b) Public Availability.--The database shall be available
to the public.
``(c) Inclusion of Tenant Complaints.--The Secretary of
Defense shall permit a tenant of a housing unit to file a
complaint regarding the housing unit for inclusion in the
database.
``(d) Inclusion of Certain Information.--(1) Information
accessible in the database regarding a complaint shall include
the following:
``(A) The name of the installation for which the
housing unit is provided.
``(B) The name of the landlord responsible for the
housing unit.
``(C) A description of the nature of the complaint.
``(2) The Secretary of Defense may not disclose personally
identifiable information through the database.
``(e) Response by Landlords.--(1) The Secretary of Defense
shall include in any contract with a landlord responsible for a
housing unit a requirement that the landlord respond in a
timely manner to any complaints included in the database that
relate to the housing unit.
``(2) The Secretary shall include landlord responses in the
database.''.
(c) Audits of Financial Viability of Privatized Military
Housing Partnerships.--
(1) Audits required.--The Comptroller General of
the United States, in accordance with best audit
practices, shall conduct an audit of the financial
viability of each partnership for the provision of
privatized military housing that the Comptroller
General determines were impacted by extreme weather
events or other natural disasters occurring during the
36-month period immediately preceding the date of the
enactment of this Act.
(2) Required information.--The audit under
paragraph (1) shall assess the following:
(A) The appropriateness of existing
insurance caps contained in contracts for
privatized military housing.
(B) The structure of the cashflow
waterfall, including the impact of expenses
relating to disaster recovery.
(3) Submission to congress.--Not later than
February 1, 2021, the Comptroller General shall submit
to the Secretary of Defense and the Committees on Armed
Services of the Senate and the House of Representatives
a report containing the results of the audit conducted
under paragraph (1).
(d) Additional Information in Congressional Reports on
Privatized Military Housing.--Section 2884(c) of title 10,
United States Code, is amended by adding at the end the
following new paragraphs:
``(7) An assessment of the condition of housing
units based on the average age of those units and the
estimated time until recapitalization.
``(8) An assessment of tenant complaints.
``(9) An assessment of maintenance response times
and completion of maintenance requests.
``(10) An assessment of the dispute resolution
process, which shall include a specific analysis of
each denied tenant request to withhold rent payments
and each instance in which the dispute resolution
process resulted in a favorable outcome for the
landlord.
``(11) An assessment of overall customer service
for tenants.
``(12) A description of the results of any no-
notice housing inspections conducted.
``(13) The results of any resident surveys
conducted.
``(14) With regard to issues of lead-based paint in
housing units, a summary of data relating to the
presence of lead-based paint in such housing units,
including the following by military department:
``(A) The total number of housing units
containing lead-based paint.
``(B) A description of the reasons for the
failure to inspect any housing unit that
contains lead-based paint.
``(C) A description of all abatement or
mitigation efforts completed or underway in
housing units containing lead-based paint.
``(D) A certification as to whether
military housing under the jurisdiction of the
Secretary concerned complies with requirements
relating to lead-based paint, lead-based paint
activities, and lead-based paint hazards, as
described in section 408 of the Toxic
Substances Control Act (15 U.S.C. 2688).''.
SEC. 3017. MAINTENANCE WORK ORDER SYSTEM FOR PRIVATIZED MILITARY
HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2891c of such title, as added by section 3016(a), the
following new section:
``Sec. 2892. Maintenance work order system for housing units
``(a) Electronic Work Order System Required.--The Secretary
of Defense shall require that each landlord of a housing unit
have an electronic work order system to track all maintenance
requests relating to the housing unit.
``(b) Access by Department Personnel.--The Secretary of
Defense shall require each landlord of a housing unit to
provide access to the maintenance work order system of the
landlord relating to the housing unit to the following persons:
``(1) Personnel of the housing management office at
the installation for which the housing unit is
provided.
``(2) Personnel of the installation and engineer
command or center of the military department concerned.
``(3) Such other personnel of the Department of
Defense as the Secretary determines necessary.''.
SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO
MAINTENANCE WORK ORDER SYSTEM.
Section 2892 of title 10, United States Code, as added by
section 3017, is amended by adding at the end the following new
subsection:
``(c) Access by Tenants.--The Secretary of Defense shall
require each landlord of a housing unit to provide access to
the maintenance work order system of the landlord relating to
the housing unit to the tenant of the housing unit to permit
the tenant, at a minimum, to track the status and progress of
work orders for maintenance requests relating to the housing
unit.''.
SEC. 3019. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR
PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2892, as added by section 3017 and amended by section
3018, the following new section:
``Sec. 2892a. Access by tenants to historical maintenance information
``The Secretary concerned shall require each eligible
entity or subsequent landlord that offers for lease a housing
unit to provide to a prospective tenant of the housing unit,
before the prospective tenant moves into the housing unit as a
tenant, all information regarding maintenance conducted with
respect to that housing unit for the previous seven years. In
this section, the term `maintenance' includes any renovations
of the housing unit during such period.''.
SEC. 3020. PROHIBITION ON REQUIREMENT TO DISCLOSE PERSONALLY
IDENTIFIABLE INFORMATION IN CERTAIN REQUESTS FOR
MAINTENANCE OF PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2892a of such title, as added by
section 3019, the following new section:
``Sec. 2892b. Prohibition on requirement to disclose personally
identifiable information in requests for certain
maintenance
``A landlord responsible for a housing unit may not require
the disclosure of personally identifiable information as a part
of the submission of a request for maintenance regarding a
housing unit or common area when the disclosure of personally
identifiable information is not needed to identify the location
at which such maintenance will be performed.''.
(b) Effective Date.--The prohibition in section 2892b of
title 10, United States Code, as added by subsection (a), shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 3021. TREATMENT OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED
MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR
ENVIRONMENTAL HAZARD.
Subchapter V of chapter 169 of title 10, United States
Code, as added by section 3011, is amended by inserting after
section 2892b of such title, as added by section 3020, the
following new section:
``Sec. 2893. Treatment of incentive fees for landlords of housing units
for failure to remedy health or environmental
hazards
``The Secretary concerned shall not approve the payment of
incentive fees otherwise authorized to be paid to a landlord
that the Secretary determines has demonstrated a propensity for
failing to remedy, or failing to remedy in a timely manner, a
health or environmental hazard at a housing unit provided by
the landlord.''.
SEC. 3022. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES
REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS
TO WITHHOLD PAYMENTS DURING DISPUTE RESOLUTION
PROCESS.
(a) In General.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by
inserting after section 2893 of such title, as added by section
3021, the following new section:
``Sec. 2894. Landlord-tenant dispute resolution process and treatment
of certain payments during process
``(a) Process Required; Purpose.--The Secretary concerned
shall implement a standardized formal dispute resolution
process to ensure the prompt and fair resolution of disputes
that arise between landlords providing housing units and
tenants residing in housing units concerning maintenance and
repairs, damage claims, rental payments, move-out charges, and
such other issues relating to housing units as the Secretary
determines appropriate.
``(b) Process Elements.--(1) The dispute resolution process
shall include the process by which a tenant may request that
certain payments otherwise authorized to be paid to a landlord
are withheld, as provided in subsection (e).
``(2) The process shall designate the installation or
regional commander in charge of oversight of housing units as
the deciding authority under the dispute resolution process.
``(3) The Secretary concerned shall establish a
standardized mechanism and forms by which a tenant of a housing
unit may submit, through online or other means, a request for
resolution of a landlord-tenant dispute through the dispute
resolution process.
``(4) The Secretary shall ensure that, in preparing a
request described in paragraph (3), a tenant has access to
advice and assistance from a military housing advocate employed
by the military department concerned or a military legal
assistance attorney under section 1044 of this title.
``(5) The Secretary concerned shall minimize costs to
tenants for participation in the dispute resolution process.
``(c) Resolution Process.--(1) Not later than 24 hours
after receiving a request from a tenant for resolution of a
landlord-tenant dispute through the dispute resolution process,
the Secretary concerned shall--
``(A) notify the tenant that the request has been
received;
``(B) transmit a copy of the request to the
installation or regional commander (as the case may
be), housing management office responsible for the
housing unit, and the landlord of the housing unit; and
``(C) if the request includes a request to withhold
payments under subsection (e),initiate the process
under such subsection.
``(2) For purposes of conducting an assessment necessary to
render a decision under the dispute resolution process, both
the landlord and representatives of the installation housing
management office may access the housing unit at a time and for
a duration mutually agreed upon amongst the parties.
``(3) Not later than seven days after the date on which the
request was received by the installation housing management
office shall complete an investigation that includes a physical
inspection and transmit the results of the investigation to the
installation or regional commander (as the case may be).
``(4) Before making any decision with respect to a dispute
under the dispute resolution process, the commander shall
certify that the commander has solicited recommendations or
information relating to the dispute from the following persons:
``(A) The chief of the installation housing
management office.
``(B) A representative of the landlord for the
housing unit.
``(C) The tenant submitting the request for dispute
resolution.
``(D) A qualified judge advocate or civilian
attorney who is a Federal employee.
``(E) If the dispute involves maintenance or
another facilities-related matter, a civil engineer.
``(5)(A) The commander shall make a decision with respect
to a request under the dispute resolution process not later
than 30 days after the request was submitted.
``(B) The commander may take longer than such 30-day period
in limited circumstances as determined by the Secretary of
Defense, but in no case shall such a decision be made more than
60 days after the request was submitted.
``(6) A final decision will be transmitted to the tenant
and landlord no later than 30 days from initial receipt by the
office of the commander, except as provided in paragraph
(5)(B).
``(7) The decision shall include instructions for
distribution of any funds that were withheld under subsection
(e) and such instructions for the landlord for further
remediation as the commander considers necessary.
``(8) The decision by the commander under this subsection
shall be final.
``(d) Effect of Failure to Comply With Decision.--If the
landlord responsible for the housing unit does not remediate
the issues in a manner consistent with the instructions
contained in the decision rendered under subsection (c) and
within a reasonable period of time, as provided in the
decision, any amounts payable to the landlord for the housing
unit shall be reduced by 10 percent for each period of five
days during which the issues remain unremediated.
``(e) Request to Withhold Payments During Resolution
Process.--(1) As part of the submission of a request for
resolution of a landlord-tenant dispute through the dispute
resolution process, the tenant may request that all or part of
the payments described in paragraph (2) for lease of the
housing unit be withheld from the landlord of the housing unit
during the period in which--
``(A) the landlord has not met maintenance
guidelines and procedures established by the Department
of Defense, either through contract or otherwise; or
``(B) the housing unit is uninhabitable according
to State and local law for the jurisdiction in which
the housing unit is located.
``(2) Paragraph (1) applies to the following:
``(A) Any basic allowance for housing payable to
the tenant (including for any dependents of the tenant
in the tenant's household) under section 403 of title
37.
``(B) All or part of any pay of a tenant subject to
allotment as described in section 2882(c) of this
title.
``(3) Upon the submission of a request by a tenant under
this subsection and under such procedures as the Secretary of
Defense shall establish, the Defense Finance and Accounting
Service or such other appropriate office of the Department of
Defense as the Secretary shall specify for purposes of such
procedures, shall tentatively grant the request and hold any
amounts withheld in escrow with notice to the landlord until
the conclusion of the dispute resolution process.
``(f) Disclosure of Rights.--(1) Each housing management
office of the Department of Defense shall disclose in writing
to each new tenant of a housing unit, upon the signing of the
lease for the housing unit, the tenant's rights under this
section and the procedures under this section for submitting a
request for resolution of a landlord-tenant dispute through the
dispute resolution process, including the ability to submit a
request to withhold payments during the resolution process.
``(2) The Secretary of Defense shall ensure that each lease
entered into with a tenant for a housing unit clearly
expresses, in a separate addendum, the dispute resolution
procedures.
``(g) Rule of Construction on Use of Other Adjudicative
Bodies.--Nothing in this section or any other provision of law
shall be construed to prohibit a tenant of a housing unit from
pursuing a claim against a landlord in any adjudicative body
with jurisdiction over the housing unit or the claim.''.
(b) Modification of Definition of Military Legal
Assistance.--Section 1044(d)(3)(B) of title 10, United States
Code, is amended by striking ``and 1565b(a)(1)(A)'' and
inserting ``1565b(a)(1)(A), and 2894(b)(4)''.
(c) Timing of Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall establish the dispute resolution process required under
section 2894 of title 10, United States Code, as added by
subsection (a).
(d) Landlord Agreements.--
(1) In general.--Not later than February 1, 2020,
the Secretary of Defense shall seek agreement from all
landlords to participate in the dispute resolution and
payment-withholding processes required under section
2894 of title 10, United States Code, as added by
subsection (a).
(2) Submittal of list to congress.--Not later than
March 1, 2020, the Secretary of Defense shall submit to
the congressional defense committees a list of any
landlords that did not agree under paragraph (1) to
participate in the dispute resolution and payment-
withholding processes.
(3) Consideration of lack of agreement in future
contracts.--The Secretary of Defense and the
Secretaries of the military departments shall include
any lack of agreement under paragraph (1) as past
performance considered under section 2891b of title 10,
United States Code, as added by section 3015,with
respect to entering into or renewing any future
contracts regarding privatized military housing.
SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED
MILITARY HOUSING AND CONGRESSIONAL NOTIFICATION.
Section 2890 of title 10, United States Code, as added by
section 3011, is amended by inserting after subsection (d) the
following new subsection:
``(e) Investigation of Reports of Reprisals.--(1) The
Assistant Secretary of Defense for Sustainment shall
investigate all reports of reprisal against a member of the
armed forces for reporting an issue relating to a housing unit.
``(2) If the Assistant Secretary of Defense for Sustainment
determines under paragraph (1) that landlord has retaliated
against a member of the armed forces for reporting an issue
relating to a housing unit, the Assistant Secretary shall--
``(A) provide initial notice to the Committees on
Armed Services of the Senate and the House of
Representatives as soon as practicable after making
that determination; and
``(B) following that initial notice, provide an
update to such committees every 30 days thereafter
until such time as the Assistant Secretary has taken
final action with respect to the retaliation.
``(3) The Assistant Secretary of Defense for Sustainment
shall carry out this subsection in coordination with the
Secretary of the military department concerned.''.
SEC. 3024. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN CONNECTION
WITH LEASES OF PRIVATIZED MILITARY HOUSING.
(a) Nondisclosure Agreements Prohibited.--Section 2890 of
title 10, United States Code, as added by section 3011, is
amended by inserting after subsection (e), as added by section
3023, the following new subsection:
``(f) Prohibition on Use of Nondisclosure Agreements.--(1)
A tenant or prospective tenant of a housing unit may not be
required to sign a nondisclosure agreement in connection with
entering into, continuing, or terminating a lease for the
housing unit. Any such agreement against the interests of the
tenant is invalid.
``(2) Paragraph (1) shall not apply to a nondisclosure
agreement executed as part of the settlement of litigation.''.
(b) Implementation.--The Secretary of Defense and the
Secretaries of the military departments shall promulgate such
regulations as may be necessary to give full force and effect
to subsection (f) of section 2890 of title 10, United States
Code, as added by subsection (a).
(c) Retroactive Application of Amendment.--Subsection (f)
of section 2890 of title 10, United States Code, as added by
subsection (a), shall apply with respect to any nondisclosure
agreement covered by the terms of such subsection (f)
regardless of the date on which the agreement was executed.
Subtitle B--Other Amendatory Provisions
SEC. 3031. INSTALLATION OF CARBON MONOXIDE DETECTORS IN MILITARY FAMILY
HOUSING.
Section 2821 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Secretary concerned shall provide for the
installation and maintenance of an appropriate number of carbon
monoxide detectors in each unit of military family housing
under the jurisdiction of the Secretary.''.
SEC. 3032. AUTHORITY TO FURNISH CERTAIN SERVICES IN CONNECTION WITH USE
OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
Section 2872a(b) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(13) Street sweeping.
``(14) Tree trimming and removal.''.
SEC. 3033. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY
HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section 2872a
the following new section:
``Sec. 2872b. Treatment of breach of contract
``(a) Response to Material Breach.--In the case of a
material breach of contract under this subchapter by a party to
the contract, the Secretary concerned shall use the authorities
available to the Secretary, including withholding amounts to be
paid under the contract, to encourage the party to cure the
breach.
``(b) Rescinding of Contract.--If a material breach of the
contract is not cured in a timely manner, as determined by the
Secretary concerned, the Secretary may--
``(1) rescind the contract pursuant to the terms of
the contract; and
``(2) prohibit the offending party from entering
into a new contract or undertaking expansions of other
existing contracts, or both, with the Secretary under
this subchapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating to
section 2872a the following new item:
``2872b. Treatment of breach of contract.''.
SEC. 3034. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL PREVENTION
DEVICES IN MILITARY FAMILY HOUSING UNITS.
(a) Fall Prevention Device Requirements.--Section 2879(a)
of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``that protect
against unintentional window falls by young children
and that are in compliance with applicable
International Building Code (IBC) standards'' and
inserting ``described in paragraph (3)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking
``December 11, 2017'' and inserting ``October
1, 2019''; and
(B) in subparagraph (B), by striking
``September 1, 2018'' and inserting ``October
1, 2019''; and
(3) by adding at the end the following new
paragraph:
``(3) Fall prevention device described.--A fall
prevention device is a window screen or guard that
complies with applicable standards in ASTM standard
F2090-13 (or any successor standard).''.
(b) Modification to Window Description.--Section 2879(c) of
title 10, United States Code, is amended by striking ``24'' and
inserting ``42''.
(c) Conforming Amendment.--Section 2879(b)(1) of title 10,
United States Code, is amended by striking ``paragraph (1)''
and inserting ``paragraph (3)''.
SEC. 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.
(a) In General.--Section 559 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1406; 10 U.S.C. 1792 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by inserting ``, and individuals to fill
vacancies in installation military housing
offices,'' after ``childcare services
providers'';
(B) in paragraph (1), by inserting ``or for
employees at installation military housing
offices'' before the semicolon; and
(C) in paragraph (2), by inserting ``or for
installation military housing office
employees'' before the period;
(2) by redesignating subsection (f) as subsection
(g); and
(3) by inserting after subsection (e) the following
new subsection (f):
``(f) Installation Military Housing Office Defined.--The
term `installation military housing office' means any office
whose primary function is performing day-to-day supervision of
military housing covered by subchapter IV of chapter 169 of
title 10, United States Code.''.
(b) Heading and Technical Amendments.--
(1) Heading amendment.--The heading of such section
is amended to read as follows:
``SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD
DEVELOPMENT CENTERS AND EMPLOYEES AT INSTALLATION
MILITARY HOUSING OFFICES.''.
(2) Technical amendment.--Subsection (d) of such
section is amended by striking ``Oversight and
Government Reform'' and inserting ``Oversight and
Reform''.
(c) Use of Existing Regulations.--The Secretary of Defense
shall use the authority in section 559 of the National Defense
Authorization Act for Fiscal Year 2018 granted by the
amendments made by this section in a manner consistent with the
regulations prescribed for purposes of such section 559
pursuant to subsection (b) of such section 559, without the
need to prescribe separate regulations for the use of such
authority.
SEC. 3036. MODIFICATION OF AUTHORITY TO MAKE PAYMENTS TO LESSORS OF
PRIVATIZED MILITARY HOUSING.
(a) Modification of Payment Authority.--Subsection (a) of
section 606 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1795; 10 U.S.C. 2871 note) is amended to read as follows:
``(a) Use of Funds in Connection With MHPI.--
``(1) Payments to lessors generally.--
``(A) Payment authority.--Each month
beginning with the first month after the date
of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, each
Secretary of a military department shall use
funds, in an amount determined under
subparagraph (B), to make payments to lessors
of covered housing in the manner provided by
this subsection, as in effect on the day before
the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020.
``(B) Calculation of monthly payments.--For
purposes of making payments under subparagraph
(A) for a month, the Secretary of the military
department concerned shall determine the amount
equal to 2.5 percent of the aggregate of the
amounts calculated under section
403(b)(3)(A)(i) of title 37, United States
Code, for covered housing under the
jurisdiction of the Secretary for that month.
``(2) Additional payments to lessors responsible
for underfunded projects.--
``(A) Payment authority.--Each month
beginning with the first month after the date
of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, each
Secretary of a military department shall use
funds, in an amount determined under
subparagraph (B), to make additional payments
to certain lessors responsible for underfunded
MHPI housing projects identified pursuant to
subparagraph (C) for the purposes of future
sustainment, recapitalization, and financial
sustainability of the projects.
``(B) Calculation of monthly payments.--For
purposes of making payments under subparagraph
(A) for a month, the Secretary of the military
department concerned shall determine the amount
equal to 2.5 percent of the aggregate of the
amounts calculated under section
403(b)(3)(A)(i) of title 37, United States
Code, for covered housing under the
jurisdiction of the Secretary for that month.
``(C) Identification of underfunded
projects.--The Chief Housing Officer of the
Department of Defense, in conjunction with the
Secretaries of the military departments, shall
assess MHPI housing projects for the purpose of
identifying all MHPI housing projects that are
underfunded. Once identified, the Chief Housing
Officer shall prioritize for payments under
subparagraph (A) those MHPI housing projects
most in need of funding to rectify such
underfunding.
``(3) Alternative authority in event of lack of
underfunded projects.--
``(A) In general.--Subject to subparagraph
(B), if the Chief Housing Officer determines
that no MHPI housing projects for a military
department require additional funding under
paragraph (2) for a month, the Secretary of the
military department concerned, in consultation
with the Chief Housing Officer, may allocate
the funds otherwise available to the Secretary
under such paragraph for that month to support
improvements designed to enhance the quality of
life of members of the uniformed services and
their families who reside in MHPI housing.
``(B) Conditions.--Before the Secretary of
a military department may allocate funds as
authorized by subparagraph (A), the Chief
Housing Officer shall certify to the Committees
on Armed Services of the Senate and the House
of Representatives that there are no MHPI
housing projects for the military department
require additional funding under paragraph (2).
The certification shall include sufficient
details to show why no projects are determined
to need the additional funds.
``(4) Briefing required.--Not later than March 1,
2020, and each year thereafter, the Secretary of
Defense shall provide a briefing to the Committee on
Armed Services of the Senate and the House of
Representatives detailing the expenditure of funds
under paragraphs (2) and (3), the MHPI housing projects
receiving funds under such paragraphs, and any other
information the Secretary considers relevant.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act and
shall apply with respect to months beginning after that date.
SEC. 3037. TECHNICAL CORRECTION TO DEFINITION USED TO MAKE PAYMENTS TO
LESSORS OF PRIVATIZED MILITARY HOUSING.
Paragraph (3) of section 606(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1796; 10 U.S.C. 2871 note) is amended to
read as follows:
``(3) The term `MHPI housing' means housing
procured, acquired, constructed, or for which any phase
or portion of a project agreement was first finalized
and signed, under the alternative authority of
subchapter IV of chapter 169 of title 10, United States
Code (known as the Military Housing Privatization
Initiative), on or before September 30, 2014.''.
Subtitle C--One-Time Reporting Requirements
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.
(a) Report.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall submit to the congressional defense committees a report
containing the following:
(1) An evaluation of the extent to which shortages
in the number of civilian personnel performing
oversight functions at Department of Defense housing
management offices or assigned to housing-related
functions at headquarters levels contribute to problems
regarding the management of privatized military
housing.
(2) Recommendations to address such personnel
shortages--
(A) to eliminate problems regarding the
management of privatized military housing;
(B) to ensure oversight of the partner's
execution of the housing agreement and the
delivery of all requirements in accordance with
implementing guidance provided by the
Secretaries of the military departments;
(C) to improve oversight of and expedite
the work-order process; and
(D) to facilitate a positive experience for
members of the Armed Forces and their
dependents who reside in privatized military
housing.
(b) Personnel Recommendations.--As part of the
recommendations required by subsection (a)(2), the Secretary of
Defense shall identify the following:
(1) The number of additional personnel who are
required, the installation and headquarter locations at
which they will be employed, the employment positions
they will fill, and the duties they will perform,
including a breakdown of duty requirements by function,
such as oversight, home inspectors, and maintenance.
(2) The number of such additional personnel already
hired as of the date on which the report is submitted
and their duty locations and the timeline for employing
the remaining required personnel identified under
paragraph (1).
(3) The estimated cost of employing the additional
required personnel identified under paragraph (1).
SEC. 3042. PLANS FOR CREATION OF COUNCILS ON PRIVATIZED MILITARY
HOUSING.
(a) Plans Required.--Not later than February 1, 2020, the
Assistant Secretary of each military department shall submit to
the congressional defense committees a plan for the creation
within the military department concerned of a council on
privatized military housing for the purposes of maintaining
adequate oversight of the military housing program and serving
as a mechanism to identify and resolve problems regarding
privatized military housing.
(b) Plan Elements.--The plan for a military department
shall include--
(1) an implementation schedule for the creation the
council on privatized military housing;
(2) proposed members of the council, which shall
include, at a minimum, the Assistant Secretary
concerned and a representative from the installation
housing offices and the civil engineering community;
and
(3) the planned frequency of council meetings.
SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION
OVER OFF-BASE PRIVATIZED MILITARY HOUSING.
(a) Plan Required.--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 plan to
establish jurisdiction by the Department of Defense for law
enforcement and other specified purposes, concurrently with
local community law enforcement, at locations with privatized
military housing that is not located on an installation of the
Department of Defense.
(b) Consultation.--The Secretary of Defense shall prepare
the plan in consultation with the Secretaries of the military
departments.
SEC. 3044. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE OVERSIGHT
OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of
this Act, and annually thereafter until 2022, the Inspector
General of the Department of Defense shall--
(1) conduct, at not less than three military
installations, a review of the oversight by the
Secretary of Defense of privatized military housing at
such installations; and
(2) make publicly available on a website of the
Department a summary of the results of the review.
SEC. 3045. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE
ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL
HAZARDS AT MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the legal
services that the Secretary may provide to members of the Armed
Forces who have been harmed by a health or environmental hazard
while living in military housing.
(b) Availability of Information.--The Secretary of the
military department concerned shall make the information
contained in the report submitted under subsection (a)
available to members of the Armed Forces at all installations
of the Department of Defense in the United States.
Subtitle D--Development of Housing Reform Standards and Processes
SEC. 3051. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY
HOUSING AND PLAN TO CONDUCT INSPECTIONS AND
ASSESSMENTS.
(a) Uniform Code.--Not later than February 1, 2021, the
Secretary of Defense shall establish and implement a uniform
code of basic housing standards for safety, comfort, and
habitability for privatized military housing, which shall meet
or exceed requirements informed by a nationally recognized,
consensus-based, model property maintenance code.
(b) Inspection and Assessment Plan.--Not later than
February 1, 2020, the Secretary of Defense shall submit to the
congressional defense committees a Department of Defense plan
to contract with qualified home inspectors to conduct a
thorough inspection and assessment of the structural integrity
and habitability of each unit of privatized military housing.
The plan shall include the implementation plan for the uniform
code to be established under subsection (a).
(c) Implementation of Inspections and Assessments.--
(1) Implementation.--Not later than February 1,
2021, the Secretary of the military department
concerned shall commence conducting inspections and
assessments of units of privatized military housing
pursuant to the plan submitted under subsection (b) to
identify issues and ensure compliance with applicable
housing codes, including the uniform code established
under subsection (a).
(2) Report.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the
inspections and assessments conducted under paragraph
(1).
(d) Qualified Home Inspectors Described.--For purposes of
this section, a qualified home inspector must possess the
appropriate credentials for the work the inspector will
perform, as defined by the respective State in which the work
will be performed. A qualified home inspector may not be an
employee or in a fiduciary relationship with--
(1) the Federal Government; or
(2) an individual or entity who owns or manages
privatized military housing.
SEC. 3052. TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE
HOUSING.
(a) Hazard Assessment Tool.--
(1) Development required.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary of Defense shall develop an assessment tool,
such as a rating system or similar mechanism, to
identify and measure health and safety hazards in
housing under the jurisdiction of the Department of
Defense (including privatized military housing).
(2) Components.--The assessment tool shall provide
for the identification and measurement of the following
hazards:
(A) Physiological hazards, including
dampness and mold growth, lead-based paint,
asbestos and manmade fibers, radiation,
biocides, carbon monoxide, and volatile organic
compounds.
(B) Psychological hazards, including ease
of access by unlawful intruders, and lighting
issues.
(C) Infection hazards.
(D) Safety hazards.
(3) Public forums.--In developing the assessment
tool, the Secretary of Defense shall provide for
multiple public forums at which the Secretary may
receive input with respect to such assessment tool from
occupants of housing under the jurisdiction of the
Department of Defense (including privatized military
housing).
(4) Report.--Not later than 210 days after the date
of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
assessment tool.
(b) Hazard Assessments.--
(1) Assessments required.--Not later than one year
after the date of the enactment of this Act, the
Secretary of Defense, using the assessment tool
developed under subsection (a)(1), shall complete a
hazard assessment for each housing facility under the
jurisdiction of the Department of Defense (including
privatized military housing).
(2) Tenant information.--As soon as practicable
after the completion of the hazard assessment conducted
for a housing facility under paragraph (1), the
Secretary of Defense shall provide to each individual
who leases or is assigned to a housing unit in the
facility a summary of the results of the assessment.
SEC. 3053. PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL HEALTH HAZARDS
IN DEPARTMENT OF DEFENSE HOUSING.
(a) Process Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall develop a process to identify, record, and resolve
environmental health hazards in housing under the jurisdiction
of the Department of Defense (including privatized housing) in
a timely manner.
(b) Elements of Process.--The process developed under
subsection (a) shall provide for the following with respect to
each identified environmental health hazard:
(1) Categorization of the hazard.
(2) Identification of health risks posed by the
hazard.
(3) Identification of the number of housing
occupants potentially affected by the hazard.
(4) Recording and maintenance of information
regarding the hazard.
(5) Resolution of the hazard, which shall include--
(A) the performance by the Secretary of
Defense (or in the case of privatized housing,
the landlord) of hazard remediation activities
at the affected facility; and
(B) follow-up by the Secretary of Defense
to collect information on medical care related
to the hazard sought or received by individuals
affected by the hazard.
(c) Coordination.--The Secretary of Defense shall ensure
coordination between military treatment facilities, appropriate
public health officials, and housing managers at military
installations with respect to the development and
implementation of the process required by subsection (a).
(d) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report on the process required by subsection
(a).
SEC. 3054. DEPARTMENT OF DEFENSE POLICY ON LEAD-BASED PAINT TESTING ON
MILITARY INSTALLATIONS.
(a) Access and Testing Policy.--Not later than February 1,
2020, the Secretary of Defense shall establish a policy under
which the Secretary of the military department concerned may
permit a qualified individual to access a military installation
for the purpose of conducting testing for the presence of lead-
based paint on the installation.
(b) Transmission of Results.--
(1) Installations inside the united states.--In the
case of military installations located inside the
United States, the results of any testing for lead-
based paint on a military installation shall be
transmitted the following:
(A) The civil engineer of the installation.
(B) The housing management office of the
installation.
(C) The public health organization on the
installation.
(D) The major subordinate command of the
Armed Force with jurisdiction over the
installation.
(E) If required by law, any relevant
Federal, State, and local agencies.
(2) Installations outside the united states.--In
the case of military installations located outside the
United States, the results of any testing for lead-
based paint on a military installation shall be
transmitted to the civil engineer or commander of the
installation who shall transmit those results to the
major subordinate command of the Armed Force with
jurisdiction over the installation.
(c) Definitions.--In this section:
(1) The term ``United States'' has the meaning
given that term in section 101(a)(1) of title 10,
United States Code.
(2) The term ``qualified individual'' means an
individual who is certified by the Environmental
Protection Agency or by a State as--
(A) a lead-based paint inspector; or
(B) a lead-based paint risk assessor.
SEC. 3055. STANDARD FOR MINIMUM CREDENTIALS FOR HEALTH AND
ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY
HOUSING.
(a) Development and Submission of Standard.--Not later than
February 1, 2020, the Secretary of Defense shall submit to the
congressional defense committees a report that contains a
standard for minimum credentials to be used throughout the
Department of Defense for all inspectors of health and
environmental hazards at privatized military housing, including
inspectors contracted by the Department.
(b) Inclusion of Categories for Specific Environmental
Hazards.--The standard submitted under subsection (a) shall
include categories for specific environmental hazards such as
lead, mold, and radon.
SEC. 3056. REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND MAINTENANCE
OF PRIVATIZED MILITARY HOUSING.
(a) Move-in and Move-out Checklist.--
(1) Checklist required.--The Secretary of Defense
shall develop a uniform move-in and move-out checklist
for use by landlords providing privatized military
housing and by tenants of such housing.
(2) Required move-in element.--A tenant who will
occupy a unit of privatized military housing is
entitled to be present for an inspection of the housing
unit before accepting occupancy of the housing unit to
ensure that the unit is habitable and that facilities
and common areas of the building are in good repair.
(3) Required move-out element.--A tenant of a unit
of privatized military housing is entitled to be
present for the move-out inspection of the housing unit
and must be given sufficient time to address any
concerns related to the tenant's occupancy of the
housing unit.
(b) Maintenance Checklist.--The Secretary of Defense
shall--
(1) develop a uniform checklist to be used by
housing management offices to validate the completion
of all maintenance work related to health and safety
issues at privatized military housing; and
(2) require that all maintenance issues and work
orders related to health and safety issues at
privatized military housing be reported to the
commander of the installation for which the housing is
provided.
(c) Consultation.--The Secretary of Defense shall carry out
this section in consultation with the Secretaries of the
military departments.
(d) Deadline.--The uniform checklists required by this
section shall be completed not later than 60 days after the
date of the enactment of this Act.
SEC. 3057. STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS FOR
PRIVATIZED MILITARY HOUSING.
(a) Development Required.--
(1) In general.--The Secretary of Defense shall
develop standardized documentation, templates, and
forms for use throughout the Department of Defense with
respect to privatized military housing. In developing
such documentation, templates, and forms, the Secretary
shall ensure that, to the maximum extent practicable,
the documentation, templates, and forms do not conflict
with applicable State and local housing regulations.
(2) Initial guidance.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall issue guidance for the development of the
following:
(A) Policies and standard operating
procedures of the Department for privatized
military housing.
(B) A universal lease agreement for
privatized military housing that includes--
(i) the documents developed
pursuant to section 2890 of title 10,
United States Code, as added by section
3011, entitled Military Housing
Privatization Initiative Tenant Bill of
Rights and Military Housing
Privatization Initiative Tenant
Responsibilities; and
(ii) any lease addendum required by
the law of the State in which the unit
of privatized military housing is
located.
(3) Consultation.--The Secretary of Defense shall
carry out this subsection in consultation with the
Secretaries of the military departments.
(b) Military Department Plans.--Not later than February 1,
2020, the Secretary of each military department shall submit to
the congressional defense committees a plan for the
implementation of this section by that military department.
SEC. 3058. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING.
(a) Survey Required.--Not later than March 1, 2020, the
Secretary of Defense shall require that each installation of
the Department of Defense use the same satisfaction survey for
tenants of military housing, including privatized military
housing.
(b) Form of Survey.--The satisfaction survey required by
subsection (a) shall be an electronic survey with embedded
privacy and security mechanisms.
(c) Privacy and Security Mechanisms.--The privacy and
security mechanisms used in the satisfaction survey required by
subsection (a)--
(1) may include a code unique to the tenant to be
surveyed that is sent to the cell phone number of the
tenant and required to be entered to access the survey;
and
(2) in the case of privatized military housing,
shall ensure the survey is not shared with the landlord
providing the privatized military housing until the
survey is reviewed and the results are tallied by
Department of Defense personnel.
Subtitle E--Other Housing Reform Matters
SEC. 3061. RADON TESTING OF PRIVATIZED MILITARY HOUSING.
(a) Report.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees a
report identifying the installations of the Department of
Defense that have privatized military housing that should be
monitored for levels of radon at or above the action level.
(b) Testing Procedures and Standards.--The Secretaries of
the military departments shall ensure that landlords providing
privatized military housing at installations identified under
subsection (a) establish testing procedures that are consistent
with then current national consensus standards and are in
compliance with applicable Federal, State, and local radon
regulations in order to ensure radon levels are below
recommended levels established by the Environmental Protection
Agency, whether through--
(1) regular testing of privatized military housing
by persons who possess certification pursuant to the
proficiency program operated under section 305(a)(2) of
the Toxic Substances Control Act (15 U.S.C.
2665(a)(2)); or
(2) the installation of monitoring equipment in
privatized military housing.
(c) Notification Regarding Need for Mitigation.--If, as a
result of testing described in subsection (b), a unit of
privatized military housing needs radon mitigation to ensure
radon levels are below recommended levels, the landlord
providing the housing unit shall submit to the Secretary of the
military department concerned, not later than seven days after
the determination of the need for radon mitigation, the
mitigation plan for the housing unit.
SEC. 3062. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY
FAMILY HOUSING UNITS.
(a) Anchoring of Items by Residents.--The Secretary of
Defense shall allow a resident of a military family housing
unit to anchor any furniture, television, or large appliance to
the wall of the unit for purposes of preventing such item from
tipping over without incurring a penalty or obligation to
repair the wall upon vacating the unit.
(b) Anchoring of Items for All Units.--
(1) Existing units.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall ensure that all freestanding chests, door
chests, armoires, dressers, entertainment centers,
bookcases taller than 27 inches, televisions, and large
appliances provided by the Department of Defense are
securely anchored in each furnished military family
housing unit under the jurisdiction of the Department
as of the date of the enactment of this Act.
(2) New units.--The Secretary of Defense shall
ensure that all freestanding chests, door chests,
armoires, dressers, entertainment centers, bookcases
taller than 27 inches, televisions, and large
appliances provided by the Department of Defense are
securely anchored in each furnished military family
housing unit made available after the date of the
enactment of this Act.
SEC. 3063. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM AND
RELATED PROGRAMS FOR PRIVATIZED MILITARY HOUSING.
(a) Suspension Required.--The Secretary of Defense shall
suspend the initiative of the Department of Defense known as
the Resident Energy Conservation Program and instruct the
Secretary of each military department to suspend any program
carried out by such Secretary that measures the energy usage
for individual units of privatized military housing on
installations of the Department of Defense.
(b) Term of Suspension.--Subject to subsection (c), the
suspension required by subsection (a) shall remain in effect
for an installation of the Department of Defense until the
Secretary of Defense certifies to the congressional defense
committees that 100 percent of the privatized military housing
on the installation is individually metered to each respective
unit of privatized military housing on the installation
military housing unit and the meter accurately measures the
energy usage of the unit.
(c) Termination.--If the Secretary of Defense is unable to
make the certification required by subsection (b) for an
installation of the Department of Defense before the end of the
two-year period beginning on the date of the enactment of this
Act, each program suspended pursuant to subsection (a) at that
installation shall terminate at the end of such period.
SEC. 3064. DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND MONITOR
USE OF SINGLE FAMILY HOMES.
(a) In General.--The Secretary of the Army shall carry out
a pilot program to build and monitor the use of not fewer than
five single family homes for members of the Army and their
families.
(b) Location.--The Secretary of the Army shall carry out
the pilot program at no less than two installations of the Army
located in different climate regions of the United States as
determined by the Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design
from the suburban single-family division design by the United
States Military Academy.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
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.
Subtitle C--Reports and Other Matters
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.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security Administration
as follows:
Project 20-D-931, KL Fuel Development Laboratory,
Knolls Atomic Power Laboratory, Schenectady, New York,
$23,700,000.
General Purpose Project, PF-4 Power and
Communications Systems Upgrade, Los Alamos National
Laboratory, Los Alamos, New Mexico, $16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out, for
defense environmental cleanup activities, the following new
plant projects:
Project 20-D-401, Saltstone Disposal Units numbers
10, 11, and 12, Savannah River Site, Aiken, South
Carolina, $1,000,000.
Project 20-D-402, Advanced Manufacturing
Collaborative, Savannah River Site, Aiken, South
Carolina, $50,000,000.
Project 20-U-401, On-Site Waste Disposal Facility
(Cell Lines 2 and 3), Portsmouth Site, Pike County,
Ohio, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for other defense
activities in carrying out programs as specified in the funding
table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for nuclear energy as
specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PERSONNEL MATTERS AT NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Personnel Levels of the Office of the Administrator for
Nuclear Security.--
(1) Personnel levels.--
(A) Increase.--Subsection (a) of section
3241A of the National Nuclear Security
Administration Act (50 U.S.C. 2441a) is amended
by striking ``1,690'' both places it appears
and inserting ``1,890''.
(B) Technical amendments.--Such subsection
is further amended--
(i) in paragraph (1), by striking
``By October 1, 2015, the'' and
inserting ``The''; and
(ii) in paragraph (2), by striking
``2016'' and inserting ``2020''.
(2) Reports on service support contracts.--
Subsection (f) of such section is amended--
(A) in the matter preceding paragraph (1),
by striking ``as of the date of the report''
and inserting ``for the most recent fiscal year
for which data are available''; and
(B) by striking paragraph (5) and inserting
the following new paragraphs:
``(5) With respect to each contract identified
under paragraph (2)--
``(A) identification of each appropriations
account that supports the contract; and
``(B) the amount obligated under the
contract during the fiscal year, listed by each
such account.
``(6) With respect to each appropriations account
identified under paragraph (5)(A), the total amount
obligated for contracts identified under paragraph
(2).''.
(b) Increase in Contracting, Program Management,
Scientific, Engineering, and Technical Positions.--Section 3241
of the National Nuclear Security Administration Act (50 U.S.C.
2441) is amended in the first sentence by striking ``600'' and
inserting ``800''.
SEC. 3112. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP
MILESTONES REQUIRED BY CONSENT ORDERS.
(a) In General.--Subtitle A of title XLIV of the Atomic
Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by
adding at the end the following new section:
``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL
CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS.
``The Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of the
Department of Energy budget for each fiscal year (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) a report on the cost, for that fiscal
year and the four fiscal years following that fiscal year, of
meeting milestones required by a consent order at each defense
nuclear facility at which defense environmental cleanup
activities are occurring. The report shall include, for each
such facility--
``(1) a specification of the cost of meeting such
milestones during that fiscal year; and
``(2) an estimate of the cost of meeting such
milestones during the four fiscal years following that
fiscal year.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4408 the following new item:
``Sec. 4409. Estimation of costs of meeting defense environmental
cleanup milestones required by consent orders.''.
SEC. 3113. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION.
(a) Reporting.--Section 3221(b)(1) of the National Nuclear
Security Administration Act (50 U.S.C. 2411(b)(1)) is amended
by adding at the end the following new sentence: ``The Director
shall report directly to the Administrator.''.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall provide to the congressional defense committees
a briefing on the plan of the Administrator to fully staff the
Office of Cost Estimating and Program Evaluation of the
National Nuclear Security Administration pursuant to section
3221(f) of the National Nuclear Security Administration Act (50
U.S.C. 2411(f)).
SEC. 3114. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS PROGRAM
OBJECTIVES.
Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
2538b(c)) is amended--
(1) in paragraph (3), by striking ``capabilities
required, including prototypes'' and inserting
``capabilities as required, such as through the use of
prototypes''; and
(2) in paragraph (6)--
(A) by striking ``in consultation with the
Director of National Intelligence'' and
inserting ``in coordination with the Director
of National Intelligence''; and
(B) by inserting ``if needed to meet
intelligence requirements'' after ``foreign
countries''.
SEC. 3115. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS RELATING
TO SUBMISSION OF ANNUAL REPORTS ON UNFUNDED
PRIORITIES.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C.
2756) is amended--
(1) by striking subsection (a) and inserting the
following new subsection:
``(a) Annual Report or Certification.--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(a) of title 31, United States Code, the Administrator
shall submit to the Secretary of Energy and the congressional
defense committees either--
``(1) a report on the unfunded priorities of the
Administration; or
``(2) if the Administrator determines that there
are no unfunded priorities to include in such a report,
a certification and explanation by the Administrator,
without delegation, of the determination.'';
(2) in subsection (b), by striking ``report
required by subsection (a)'' both places it appears and
inserting ``report under subsection (a)(1)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection
(c).
SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO PLUTONIUM
PIT PRODUCTION CAPACITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) rebuilding a robust plutonium pit production
infrastructure with a capacity of up to 80 pits per
year is critical to maintaining the viability of the
nuclear weapons stockpile;
(2) that effort will require cooperation from
experts across the nuclear security enterprise; and
(3) any further delay to achieving a plutonium
sustainment capability to support the planned stockpile
life extension programs will result in an unacceptable
capability gap to our deterrent posture.
(b) Modification to Requirements.--Section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a), by striking paragraph (5)
and inserting the following:
``(5) during 2030, produces not less than 80 war
reserve plutonium pits.'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively;
(4) in subsection (b), as redesignated by paragraph
(2), by striking ``2027 (or, if the authority under
subsection (b) is exercised, 2029)'' and inserting
``2030''; and
(5) in subsection (c), as redesignated by paragraph
(2), by striking ``subsection (c)'' and inserting
``subsection (b)''.
SEC. 3117. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT
PLANT.
Section 3115(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as
amended by section 3137(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2303), is further amended, in the matter
preceding paragraph (1), by striking ``three-year period'' and
inserting ``10-year period''.
SEC. 3118. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON
UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS
SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is
amended--
(1) in subsection (c)(2), by striking ``three'' and
inserting ``four''; and
(2) in subsection (d)--
(A) by striking ``Before the termination
under subsection (c)(2) of the pilot program
required by subsection (a)'' and inserting
``Not later than February 15, 2020''; and
(B) by inserting before the end period the
following: ``, including effects on laboratory-
directed research and development and other
programs''.
SEC. 3119. MODIFICATION TO LIMITATION ON AVAILABILITY OF FUNDS FOR
ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT.
Subsection (a) of section 3125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2766), as amended by section 3117 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1890), is amended by striking ``$56,000,000'' and
inserting ``$87,000,000''.
SEC. 3120. IMPLEMENTATION OF COMMON FINANCIAL REPORTING SYSTEM FOR
NUCLEAR SECURITY ENTERPRISE.
Not more than 90 percent of the funds authorized to be
appropriated by section 3101 for the National Nuclear Security
Administration for fiscal year 2020 for Federal salaries and
expenses and available for travel and transportation may be
obligated or expended before the date on which the
Administrator for Nuclear Security completes implementation of
the common financial reporting system for the nuclear security
enterprise as required by section 3113(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 50 U.S.C. 2512 note).
SEC. 3121. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Energy may be obligated or expended by the
Secretary of Energy to apply the interpretation of high-level
radioactive waste described in the notice published by the
Secretary titled ``Supplemental Notice Concerning U.S.
Department of Energy Interpretation of High-Level Radioactive
Waste'' (84 Fed. Reg. 26835), or successor notice, with respect
to such waste located in the State of Washington.
SEC. 3122. NATIONAL LABORATORY JOBS ACCESS PROGRAM.
(a) In General.--On or after the date that is 180 days
after the date of the enactment of this Act, the Secretary may
establish a program, to be known as the ``Department of Energy
National Lab Jobs ACCESS Program'', under which the Secretary
may award, on a competitive basis, 5-year grants to eligible
entities described in subsection (c) for the Federal share of
the costs of pre-apprenticeship programs and apprenticeship
programs described in subsection (b).
(b) Pre-apprenticeship and Apprenticeship Programs
Described.--A pre-apprenticeship program or apprenticeship
program described in this subsection is a pre-apprenticeship
program or apprenticeship program that--
(1) leads to recognized postsecondary credentials
for secondary school and postsecondary students;
(2) is focused on skills and qualifications needed,
as determined by the Secretary in consultation with the
directors of the National Laboratories, to meet the
immediate and ongoing needs of traditional and emerging
technician positions (including machinists and
cybersecurity technicians) at the National Laboratories
and covered facilities of the National Nuclear Security
Administration;
(3) is established in consultation with a National
Laboratory or covered facility of the National Nuclear
Security Administration;
(4) is registered with and approved by the
Secretary of Labor or a State apprenticeship agency;
and
(5) ensures that participants in the pre-
apprenticeship program or apprenticeship program do not
displace paid employees.
(c) Eligible Entities Described.--An eligible entity
described in this subsection is a workforce intermediary or an
eligible sponsor of a pre-apprenticeship program or
apprenticeship program that--
(1) demonstrates experience in implementing and
providing career planning and career pathways toward
pre-apprenticeship programs or apprenticeship programs;
(2)(A) has a relationship with a National
Laboratory or covered facility of the National Nuclear
Security Administration;
(B) has knowledge of the technician workforce needs
of the laboratory or facility and the associated
security requirements of the laboratory or facility;
and
(C) is eligible to enter into an agreement with the
laboratory or facility that would be paid for in part
or entirely from grant funds received under this
section;
(3) demonstrates the ability to recruit and support
individuals who plan to work in relevant technician
positions upon the successful completion of the pre-
apprenticeship program or apprenticeship program;
(4) provides students who complete the pre-
apprenticeship program or apprenticeship program with,
or prepares such students for obtaining, a recognized
postsecondary credential;
(5) uses related instruction that is specifically
aligned with the needs of the laboratory or facility
and utilizes workplace learning advisors and on-the-job
training to the greatest extent possible; and
(6) demonstrates successful outcomes connecting
graduates of the pre-apprenticeship program or
apprenticeship program to careers relevant to the
program.
(d) Applications.--If the Secretary establishes the program
described in subsection (a), an eligible entity described in
subsection (c) seeking a grant under the program shall submit
to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(e) Priority.--In selecting eligible entities described in
subsection (c) to receive grants under this section, the
Secretary may prioritize an eligible entity that--
(1) is a member of an industry or sector
partnership;
(2) provides related instruction for a pre-
apprenticeship program or apprenticeship program
through--
(A) a local educational agency, a secondary
school, a provider of adult education, an area
career and technical education school, or an
institution of higher education (such as a
community college) that includes basic science,
technology, and mathematics education in the
related instruction; or
(B) an apprenticeship program that was
registered with the Department of Labor or a
State apprenticeship agency before the date on
which the eligible entity applies for the grant
under subsection (d);
(3) works with the Secretary of Defense, the
Secretary of Veterans Affairs, or veterans
organizations to transition members of the Armed Forces
and veterans to pre-apprenticeship programs or
apprenticeship programs in a relevant sector;
(4) plans to use the grant to carry out the pre-
apprenticeship program or apprenticeship program with
an entity that receives State funding or is operated by
a State agency; and
(5) plans to use the grant to carry out the pre-
apprenticeship program or apprenticeship program for--
(A) young adults ages 16 to 29, inclusive;
or
(B) individuals with barriers to
employment.
(f) Additional Consideration.--In making grants under this
section, the Secretary may consider regional diversity.
(g) Limitation on Applications.--An eligible entity
described in subsection (c) may not submit, either individually
or as part of a joint application, more than one application
for a grant under this section during any one fiscal year.
(h) Limitations on Amount of Grant.--The amount of a grant
provided under this section may not, for any 24-month period of
the 5-year grant period, exceed $500,000.
(i) Non-Federal Share.--The non-Federal share of the cost
of a pre-apprenticeship program or apprenticeship program
carried out using a grant under this section shall be not less
than 25 percent of the total cost of the program.
(j) Technical Assistance.--The Secretary may provide
technical assistance to eligible entities described in
subsection (c) to leverage the existing job training and
education programs of the Department of Labor and other
relevant programs at appropriate Federal agencies.
(k) Report.--
(1) In general.--If the Secretary establishes the
program described in subsection (a), not less than once
every 2 years thereafter, the Secretary shall submit to
Congress, and make publicly available on the website of
the Department of Energy, a report on the program,
including--
(A) a description of--
(i) any entity that receives a
grant under this section;
(ii) any activity carried out using
a grant under this section; and
(iii) best practices used to
leverage the investment of the Federal
Government under this section; and
(B) an assessment of the results achieved
by the program, including the rate of
employment for participants after completing a
pre-apprenticeship program or apprenticeship
program carried out using a grant under this
section.
(2) Performance reports.--Not later than one year
after the establishment of a pre-apprenticeship program
or apprenticeship program using a grant awarded under
this section, and annually thereafter, the entity
carrying out the program shall submit to the Secretary
and the Secretary of Labor a report on the
effectiveness of the program based on the
accountability measures described in clauses (i) and
(ii) of section 116(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C.
3141(b)(2)(A)).
(l) Definitions.--In this section:
(1) ESEA terms.--The terms ``local educational
agency'' and ``secondary school'' have the meanings
given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(2) WIOA terms.--The terms ``career planning'',
``community-based organization'', ``customized
training'', ``economic development agency'',
``individual with a barrier to employment'', ``industry
or sector partnership'', ``on-the-job training'',
``recognized postsecondary credential'', and
``workplace learning advisor'' have the meanings given
such terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Apprenticeship program.--The term
``apprenticeship program'' means a program registered
under the Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act''; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.).
(4) Area career and technical education school.--
The term ``area career and technical education school''
has the meaning given the term in section 3 of the Carl
D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
(5) Community college.--The term ``community
college'' has the meaning given the term ``junior or
community college'' in section 312(f) of the Higher
Education Act of 1965 (20 U.S.C. 1058(f)).
(6) Covered facility of the national nuclear
security administration.--The term ``covered facility
of the National Nuclear Security Administration'' means
a national security laboratory or a nuclear weapons
production facility as such terms are defined in
section 4002 of the Atomic Energy Defense Act (50
U.S.C. 2501).
(7) Eligible sponsor.--The term ``eligible
sponsor'' means a public organization or nonprofit
organization that--
(A) with respect to an apprenticeship
program, administers the program through a
partnership that may include--
(i) an industry or sector
partnership;
(ii) an employer or industry
association;
(iii) a labor-management
organization;
(iv) a local workforce development
board or State workforce development
board;
(v) a 2- or 4-year institution of
higher education that offers an
educational program leading to an
associate's or bachelor's degree in
conjunction with a certificate of
completion of apprenticeship;
(vi) the Armed Forces (including
the National Guard and Reserves);
(vii) a community-based
organization; or
(viii) an economic development
agency; and
(B) with respect to a pre-apprenticeship
program, is a local educational agency, a
secondary school, an area career and technical
education school, a provider of adult
education, a State workforce development board,
a local workforce development board, or a
community-based organization, that administers
the program with any required coordination and
necessary approvals from the Secretary of Labor
or a State department of labor.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(9) Local workforce development board.--The term
``local workforce development board'' has the meaning
given the term ``local board'' in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(10) National laboratory.--The term ``National
Laboratory'' has the meaning given the term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described
in section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code.
(12) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a program--
(A) designed to prepare individuals to
enter and succeed in an apprenticeship program;
and
(B) that has a documented partnership with
at least one, if not more, apprenticeship
programs.
(13) Provider of adult education.--The term
``provider of adult education'' has the meaning given
the term ``eligible provider'' in section 203 of the
Adult Education and Family Literacy Act (29 U.S.C.
3272).
(14) Related instruction.--The term ``related
instruction'' means an organized and systematic form of
instruction designed to provide an individual in a pre-
apprenticeship program or apprenticeship program with
the knowledge of the technical subjects related to the
intended occupation of the individual after completion
of the program.
(15) Secretary.--The term ``Secretary'' means the
Secretary of Energy, in consultation with the Secretary
of Labor, except as otherwise specified in this
section.
(16) Sponsor.--The term ``sponsor'' means any
person, association, committee, or organization
operating a pre-apprenticeship program or
apprenticeship program and in whose name the program is
(or is to be) registered or approved.
(17) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given that term
in section 29.2 of title 29, Code of Federal
Regulations (or any corresponding similar regulation or
ruling).
(18) State workforce development board.--The term
``State workforce development board'' has the meaning
given the term ``State board'' in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
(19) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means a nonprofit organization that--
(i) proactively addresses workforce
needs using a dual customer approach,
which considers the needs of both
employees and employers; and
(ii) has partnered with a sponsor
of a pre-apprenticeship program or
apprenticeship program or is a sponsor
of a pre-apprenticeship program or
apprenticeship program; and
(B) may include a community organization,
an employer organization, a community college,
a temporary staffing agency, a State workforce
development board, a local workforce
development board, or a labor or labor-
management organization.
Subtitle C--Reports and Other Matters
SEC. 3131. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN WHISTLEBLOWER
PROTECTIONS.
Section 234A of the Atomic Energy Act of 1954 (42 U.S.C.
2282a) is amended--
(1) in the heading, by inserting ``and
whistleblower'' after ``safety'';
(2) in subsection a.--
(A) by inserting ``, or who violates any
applicable law, rule, regulation, or order
related to nuclear safety whistleblower
protections,'' before ``shall be subject to a
civil penalty''; and
(B) by adding at the end the following new
sentence: ``The Secretary of Energy may carry
out this section with respect to the National
Nuclear Security Administration by acting
through the Administrator for Nuclear
Security.''; and
(3) by adding at the end the following new
subsection:
``e. In this section, the term `nuclear safety
whistleblower protections' means the protections for employees
of contractors or subcontractors from reprisals pursuant to
section 4712 of title 41, United States Code, section 211 of
the Energy Reorganization Act of 1974 (42 U.S.C. 5851), or
other provisions of Federal law (including rules, regulations,
or orders) affording such protections, with respect to
disclosures or other activities covered by such protections
that relate to nuclear safety.''.
SEC. 3132. REPEAL OF ASSESSMENTS OF ADEQUACY OF BUDGET REQUESTS
RELATING TO NUCLEAR WEAPONS STOCKPILE.
(a) In General.--Section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) is repealed.
(b) Clerical Amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
striking the item relating to section 3255.
SEC. 3133. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO ENHANCED
PROCUREMENT AUTHORITY.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C.
2786) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as
subsections (e) and (f), respectively.
SEC. 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF 2000.
(a) Office of Ombudsman.--Section 3686 of the Energy
Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7385s-15) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the
following new paragraph:
``(2) To provide guidance and assistance to
claimants.''; and
(2) in subsection (h), by striking ``2019'' and
inserting ``2020''.
(b) Advisory Board on Toxic Substances and Worker Health.--
Section 3687 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(B) in subparagraph (D), by striking ``;
and'' and inserting a semicolon; and
(C) by adding after subparagraph (D) the
following:
``(E) the claims adjudication process
generally, including review of procedure manual
changes prior to incorporation into the manual
and claims for medical benefits; and
``(F) such other matters as the Secretary
considers appropriate; and'';
(2) in subsection (g)--
(A) by striking ``The Secretary of Energy
shall'' and inserting ``The Secretary of Energy
and the Secretary of Labor shall each''; and
(B) by adding at the end the following new
sentence: ``The Secretary of Labor shall make
available to the Board the program's medical
director, toxicologist, industrial hygienist
and program's support contractors as requested
by the Board.'';
(3) by redesignating subsections (h) and (i) as
subsections (i) and (j), respectively; and
(4) by inserting after subsection (g) the
following:
``(h) Response to Recommendations.--Not later than 60 days
after submission to the Secretary of Labor of the Board's
recommendations, the Secretary shall respond to the Board in
writing, and post on the public internet website of the
Department of Labor, a response to the recommendations that--
``(1) includes a statement of whether the Secretary
accepts or rejects the Board's recommendations;
``(2) if the Secretary accepts the Board's
recommendations, describes the timeline for when those
recommendations will be implemented; and
``(3) if the Secretary does not accept the
recommendations, describes the reasons the Secretary
does not agree and provides all scientific research to
the Board supporting that decision.''.
SEC. 3135. REPLACEMENT OF W78 WARHEAD.
(a) Report.--
(1) In general.--Not later than 210 days after the
date of the enactment of this Act, the Administrator
for Nuclear Security shall submit to the congressional
defense committees a report on replacing the W78
warhead.
(2) Matters included.--The report under paragraph
(1) shall include the following:
(A) A discussion of the alternatives
considered with respect to replacing the W78
warhead, including--
(i) a description of the technical
risks, schedule, and costs for each
alternative to replacing the W78
warhead; and
(ii) a description of any changes
since January 15, 2014, to the
requirements for such alternatives.
(B) A review of the matters under
subparagraph (A) by the Director for Cost
Estimating and Program Evaluation of the
National Nuclear Security Administration.
(b) Independent Study.--
(1) In general.--The Administrator shall seek to
enter into an arrangement with the private scientific
advisory group known as JASON to conduct a study of the
plan of the Administrator to replace the W78 warhead.
Such study shall include--
(A) an assessment of the risks to
certification; and
(B) the need for planned upgrades to such
warhead.
(2) Submission.--Not later than 150 days after the
date of the enactment of this Act, the Administrator
shall submit to the congressional defense committees
the study under paragraph (1), without change.
SEC. 3136. INDEPENDENT REVIEW OF CAPABILITIES FOR DETECTION,
VERIFICATION, AND MONITORING OF NUCLEAR WEAPONS AND
FISSILE MATERIAL.
(a) Plan.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy, in consultation
with the Secretary of Defense, shall seek to enter into a
contract with the National Academy of Sciences to conduct an
independent review and assessment of United States capabilities
for detection, verification, and monitoring of nuclear weapons
and fissile material.
(b) Elements.--The review and assessment required by
subsection (a) shall include the following:
(1) An evaluation of the current national research
enterprise for detection, verification, and monitoring
of nuclear weapons and fissile material.
(2) Integration of roles, responsibilities, and
planning for such detection, verification, and
monitoring within the Federal Government.
(3) Opportunities to leverage the national research
enterprise to further prevent the proliferation of
nuclear weapons and fissile material, including with
respect to policy, research and development, and
testing and evaluation.
(4) Opportunities for international engagement for
building cooperation and transparency, including
bilateral and multilateral efforts, to improve
inspections, detection, and monitoring of nuclear
weapons and fissile material, and to create incentives
for such cooperation and transparency.
(5) Opportunities for new or expanded research and
development efforts to improve detection and monitoring
of, and in-field inspection and analysis capabilities
with respect to, nuclear weapons and fissile materials.
(6) Opportunities for improved coordination between
departments and agencies of the Federal Government and
the military departments, national laboratories,
commercial industry, and academia.
(7) Opportunities for leveraging commercial
capabilities.
(c) Submission to Congress.--
(1) In general.--Not later than one year after the
date of the enactment of this Act, the Secretary of
Energy shall submit to the congressional defense
committees, without change, the findings of the
National Academy resulting from the review and
assessment conducted under subsection (a).
(2) Form.--The findings described in paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 3137. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall enter into an arrangement with the National
Academies of Sciences, Engineering, and Medicine to conduct an
assessment of recent advances and the current status of
research in the field of high energy density physics.
(b) Elements.--The assessment conducted under subsection
(a) shall include the following:
(1) Theoretical and computational modeling of high
energy density material phases, radiation-matter
interactions, plasmas atypical of astrophysical
conditions, and conditions unique to the National
Nuclear Security Administration.
(2) The simulation of such phases, interactions,
plasmas, and conditions.
(3) Instrumentation and target fabrication.
(4) Workforce training.
(5) An assessment of advancements made by other
countries in high energy density physics.
(6) Such others items as are agreed upon by the
Administrator and the National Academies.
(c) Applicability of Internal Controls.--The assessment
under subsection (a) shall be conducted in accordance with the
internal controls of the National Academies.
(d) Report to Congress.--Not later than 18 months after
entering into the arrangement under subsection (a), the
National Academies of Sciences, Engineering, and Medicine shall
submit to the congressional defense committees a report on the
assessment conducted under that subsection.
(e) High Energy Density Physics Defined.--In this section,
the term ``high energy density physics'' means the physics of
matter and radiation at--
(1) energy densities exceeding 100,000,000,000
joules per cubic meter; and
(2) other temperature and pressure ranges within
the warm dense matter regime.
SEC. 3138. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH RESPECT
TO PRODUCING TRITIUM.
Not later than February 15, 2020, the Secretary of Energy
shall--
(1) determine whether the Agreement for Cooperation
on the Uses of Atomic Energy for Mutual Defense
Purposes, signed at Washington, July 3, 1958 (9 UST
1028), between the United States and the United
Kingdom, permits the United States to obtain low-
enriched uranium for the purposes of producing tritium
in the United States; and
(2) submit to the congressional defense committees
a report on that determination.
SEC. 3139. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE ACT.
(a) Definitions in National Nuclear Security Administration
Act.--Section 3281(2)(A) of the National Nuclear Security
Administration Act (50 U.S.C. 2471(2)(A)) is amended by
striking ``Plant'' and inserting ``National Security Campus''.
(b) Amendments to Atomic Energy Defense Act.--
(1) Definitions.--Section 4002(9)(A) of the Atomic
Energy Defense Act (50 U.S.C. 2501(9)(A)) is amended
striking ``Plant'' and inserting ``National Security
Campus''.
(2) Stockpile stewardship, management, and
responsiveness plan.--Section 4203 of the Atomic Energy
Defense Act (50 U.S.C. 2523) is amended--
(A) in subsection (d)(4)(A)(ii), by
striking ``quadrennial defense review if such
strategy has not been submitted'' and inserting
``national defense strategy'';
(B) in subsection (e)(1)(A)(i), by striking
``or the most recent quadrennial defense
review, as applicable under subsection
(d)(4)(A), and the'' and inserting ``referred
to in subsection (d)(4)(A)(i), the most recent
the national defense strategy, and the most
recent''; and
(C) in subsection (f)--
(i) by striking paragraph (4);
(ii) by redesignating paragraph (3)
as paragraph (4); and
(iii) by inserting after paragraph
(2) the following new paragraph (3):
``(3) The term `national defense strategy' means
the review of the defense programs and policies of the
United States that is carried out every four years
under section 113(g) of title 10, United States
Code.''.
(3) Manufacturing infrastructure for nuclear
weapons stockpile.--Section 4212 of the Atomic Energy
Defense Act (50 U.S.C. 2532) is amended--
(A) in subsection (a)(1), in the matter
preceding subparagraph (A), by inserting ``most
recent'' before ``Nuclear Posture Review''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking
``Plant'' and inserting ``National
Security Complex''; and
(ii) in paragraph (4), by striking
``Plant'' and inserting ``National
Security Campus, Kansas City,
Missouri''.
(4) Reports on life extension programs.--
(A) In general.--Section 4216 of the Atomic
Energy Defense Act (50 U.S.C. 2536) is
amended--
(i) in the section heading, by
striking ``lifetime'' and inserting
``life''; and
(ii) by striking ``lifetime'' each
place it appears and inserting
``life''.
(B) Clerical amendment.--The table of
contents for the Atomic Energy Defense Act is
amended by striking the item relating to
section 4216 and inserting the following new
item:
``Sec. 4216. Reports on life extension programs.''.
(5) Advice on safety, security, and reliability of
nuclear weapons stockpile.--Section 4218 of the Atomic
Energy Defense Act (50 U.S.C. 2538) is amended--
(A) in subsection (d), by striking ``or the
Commander of the United States Strategic
Command''; and
(B) in subsection (e)(1)--
(i) by striking ``, a member of''
and all that follows through
``Strategic Command'' and inserting
``or a member of the Nuclear Weapons
Council''; and
(ii) by striking ``, member, or
Commander'' and inserting ``or
member''.
(6) Life-cycle cost estimates.--Section 4714(a) of
the Atomic Energy Defense Act (50 U.S.C. 2754(a)) is
amended--
(A) by striking ``413.3'' and inserting
``413.3B''; and
(B) by inserting ``, or a successor
order,'' after ``assets)''.
(7) Unfunded priorities.--
(A) In general.--Section 4716 of the Atomic
Energy Defense Act (50 U.S.C. 2756) is amended
in the section heading by striking ``national
nuclear security administration'' and inserting
``administration''.
(B) Clerical amendment.--The table of
contents for the Atomic Energy Defense Act is
amended by striking the item relating to
section 4716 and inserting the following new
item:
``Sec. 4716. Unfunded priorities of the Administration.''.
(8) Reviews of capital assets acquisition
projects.--Section 4733(d)(3)(B) of the Atomic Energy
Defense Act (50 U.S.C. 2773(d)(3)(B)) is amended by
striking ``413.3'' and inserting ``413.3B''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
SECTION 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2020, $29,450,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Staff.--
(1) Executive director of operations.--
(A) Establishment of position.--Subsection
(b) of section 313 of the Atomic Energy Act of
1954 (42 U.S.C. 2286b) is amended by adding at
the end the following new paragraph:
``(3)(A) The Board shall have an Executive Director of
Operations who shall be appointed under section 311(c)(6).
``(B) The Executive Director of Operations shall report to
the Chairman.
``(C) The Executive Director of Operations shall be the
senior employee of the Board responsible for--
``(i) general administration and technical matters;
``(ii) ensuring that the members of the Board are
fully and currently informed with respect to matters
for which the members are responsible; and
``(iii) the functions delegated by the Chairman
pursuant to section 311(c)(3)(B).''.
(B) Delegation of functions.--Paragraph (3)
of section 311(c) of such Act (42 U.S.C.
2286(c)) is amended--
(i) by striking ``The Chairman''
and inserting ``(A) The Chairman''; and
(ii) by adding at the end the
following new subparagraph:
``(B) In carrying out subparagraph (A), the Chairman shall
delegate to the Executive Director of Operations established
under section 313(b)(3) the following functions:
``(i) Administrative functions of the Board.
``(ii) Appointment and supervision of employees of
the Board not specified under paragraph (6).
``(iii) Distribution of business among the
employees and administrative units and offices of the
Board.
``(iv) Preparation of--
``(I) proposals for the reorganization of
the administrative units or offices of the
Board;
``(II) the budget estimate for the Board;
and
``(III) the proposed distribution of funds
according to purposes approved by the Board.''.
(2) Provision of information to board.--Such
section 311(c), as amended by paragraph (1)(B), is
further amended--
(A) in paragraph (2), by striking
``paragraphs (5), (6), and (7)'' and inserting
``paragraphs (5) and (6)'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7) as
paragraph (6).
(3) Appointment and removal powers.--Paragraph (6)
of such section 311(c), as redesignated by paragraph
(2)(C), is amended to read as follows:
``(6)(A) The Chairman, subject to the approval of the
Board, shall appoint the senior employees described in
subparagraph (C). Any member of the Board may propose to the
Chairman an individual to be so appointed.
``(B) The Chairman, subject to the approval of the Board,
may remove a senior employee described in subparagraph (C). Any
member of the Board may propose to the Chairman an individual
to be so removed.
``(C) The senior employees described in this subparagraph
are the following senior employees of the Board:
``(i) The Executive Director of Operations
established under section 313(b)(3).
``(ii) The general counsel.''.
(4) Organization of staff of board.--Section 313(b)
of such Act, as amended by paragraph (1)(A), is further
amended--
(A) in paragraph (1)(A), by striking
``section 311(c)(7)'' and inserting ``section
311(c)(6)''; and
(B) by adding at the end the following new
paragraph:
``(4) Subject to the approval of the Board, the Chairman
may organize the staff of the Board as the Chairman considers
appropriate to best accomplish the mission of the Board
described in section 312(a).''.
(5) Temporary personnel levels.--During fiscal year
2020, the Defense Nuclear Facilities Safety Board shall
employ not fewer than the equivalent of 100 full-time
employees.
(b) Public Health and Safety.--Section 312(a) of such Act
(42 U.S.C. 2286a(a)) is amended by inserting before the period
at the end the following: ``, including with respect to the
health and safety of employees and contractors at such
facilities''.
(c) Access to Facilities, Personnel, and Information.--
Section 314 of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy''
and inserting ``Except as specifically provided
by this section, the Secretary of Energy'';
(B) by striking ``ready access'' both
places it appears and inserting ``prompt and
unfettered access''; and
(C) by adding at the end the following new
sentence: ``The access provided to defense
nuclear facilities, personnel, and information
under this subsection shall be provided without
regard to the hazard or risk category assigned
to a facility by the Secretary.''; and
(2) by striking subsection (b) and inserting the
following new subsections:
``(b) Authority of Secretary to Deny Information.--(1) The
Secretary may deny access to information under subsection (a)
only to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with
the duties of such person.
``(2) If the Board requests access to information under
subsection (a) in written form, and the Secretary denies access
to such information pursuant to paragraph (1)--
``(A) the Secretary shall provide the Board notice
of such denial in written form; and
``(B) not later than January 1 and July 1 of each
year beginning in 2020--
``(i) the Board shall submit to the
congressional defense committees a report
identifying each request for access to
information under subsection (a) submitted to
the Secretary in written form during the
preceding six-month period and denied by the
Secretary; and
``(ii) the Secretary shall submit to the
congressional defense committees a report
identifying--
``(I) each such request denied by
the Secretary during that period; and
``(II) the reason for the denial.
``(3) In this subsection, the term `congressional defense
committees' has the meaning given that term in section 101(a)
of title 10, United States Code.
``(c) Application of Nondisclosure Protections by Board.--
The Board may not publicly disclose information provided under
this section if such information is otherwise protected from
disclosure by law, including deliberative process
information.''.
SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) List of Candidates for Nomination.--Subsection (b) of
section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286)
is amended by adding at the end the following new paragraph:
``(4) The President shall enter into an arrangement with
the National Academy of Sciences under which the National
Academy shall maintain a list of individuals who meet the
qualifications described in paragraph (1) to assist the
President in selecting individuals to nominate for positions as
members of the Board.''.
(b) Terms of Members.--
(1) In general.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by striking the
second sentence and inserting the following new
sentences: ``A member may be reappointed for a
second term only if the member was confirmed by
the Senate more than two years into the
member's first term. A member may not be
reappointed for a third term.''; and
(B) in paragraph (3)--
(i) by striking ``Any member'' and
inserting ``(A) Any member'';
(ii) by striking the second
sentence; and
(iii) by adding at the end the
following new subparagraph:
``(B) A member may not serve after the expiration of the
member's term, unless the departure of the member would result
in the loss of a quorum for the Board. If more than one member
is serving after the expiration of the member's term and a new
member is appointed to the Board so that one of the members
serving after the expiration of the member's term is no longer
necessary to maintain a quorum, the member whose term expired
first may no longer serve on the Board.''.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect on the date that is one
year after the date of the enactment of this Act.
(c) Filling Vacancies.--Such subsection is further amended
by adding at the end the following new paragraph:
``(4)(A) Not later than 180 days after the expiration of
the term of a member of the Board, the President shall--
``(i) submit to the Senate the nomination of an
individual to fill the vacancy; or
``(ii) submit to the Committee on Armed Services of
the Senate a report that includes--
``(I) a description of the reasons the
President did not submit such a nomination; and
``(II) a plan for submitting such a
nomination during the 90-day period following
the submission of the report.
``(B) If the President does not submit to the Senate the
nomination of an individual to fill a vacancy during the 90-day
period described in subclause (II) of subparagraph (A)(ii), the
President shall submit to the Committee on Armed Services a
report described in that subparagraph not less frequently than
every 90 days until the President submits such a nomination.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $14,000,000 for fiscal year 2020 for
the purpose of carrying out activities under chapter 869 of
title 10, United States Code, relating to the naval petroleum
reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
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.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
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.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
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.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2020, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States Merchant Marine, the following amounts:
(1) For expenses necessary for operations of the
United States Merchant Marine Academy, $95,944,000, of
which--
(A) $77,944,000 shall remain available
until September 30, 2021 for Academy
operations; and
(B) $18,000,000 shall remain available
until expended for capital asset management at
the Academy.
(2) For expenses necessary to support the State
maritime academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2021, for the Student Incentive
Program;
(B) $6,000,000 shall remain available until
expended for direct payments to such academies;
(C) $30,080,000 shall remain available
until expended for maintenance and repair of
State maritime academy training vessels;
(D) $3,800,000 shall remain available until
expended for training ship fuel assistance; and
(E) $8,000,000 shall remain available until
expended for offsetting the costs of training
ship sharing.
(3) For expenses necessary to support the National
Security Multi-Mission Vessel Program, $600,000,000,
which shall remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of
which $5,000,000 shall remain available until expended
for activities authorized under section 50307 of title
46, United States Code.
(5) For expenses necessary to dispose of vessels in
the National Defense Reserve Fleet, $5,000,000, which
shall remain available until expended.
(6) For expenses necessary to maintain and preserve
a United States flag Merchant Marine to serve the
national security needs of the United States under
chapter 531 of title 46, United States Code,
$300,000,000, which shall remain available until
expended.
(7) For expenses necessary for the loan guarantee
program authorized under chapter 537 of title 46,
United States Code, $33,000,000, of which--
(A) $30,000,000 may be used for the cost
(as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of
loan guarantees under the program, which shall
remain available until expended; and
(B) $3,000,000 may be used for
administrative expenses relating to loan
guarantee commitments under the program.
(8) For expenses necessary to provide assistance to
small shipyards and for maritime training programs
under section 54101 of title 46, United States Code,
$40,000,000, which shall remain available until
expended.
(9) For expenses necessary to implement the Port
and Intermodal Improvement Program, $500,000,000,
except that no funds shall be used for a grant award to
purchase fully automated cargo handling equipment that
is remotely operated or remotely monitored with or
without the exercise of human intervention or control,
if the Secretary determines such equipment would result
in a net loss of jobs within a port or port terminal.
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``$3,700,000
for each of fiscal years 2022, 2023, 2024, and 2025.''
and inserting ``$5,300,000 for each of fiscal years
2022, 2023, 2024, and 2025;''; and
(3) by adding at the end the following new
subparagraphs:
``(D) $5,800,000 for each of fiscal years
2026, 2027, and 2028;
``(E) $6,300,000 for each of fiscal years
2029, 2030, and 2031; and
``(F) $6,800,000 for each of fiscal years
2032, 2033, 2034, and 2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking ``$222,000,000
for each fiscal year thereafter through fiscal year
2025.'' and inserting ``$318,000,000 for each of fiscal
years 2022, 2023, 2024, and 2025;''; and
(3) by adding at the end the following new
paragraphs:
``(4) $348,000,000 for each of fiscal years 2026,
2027, and 2028;
``(5) $378,000,000 for each of fiscal years 2029,
2030, and 2031; and
``(6) $408,000,000 for each of fiscal years 2032,
2033, 2034, and 2035.''.
SEC. 3503. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary
of Transportation may engage in the environmental
study'' and inserting ``The Secretary of
Transportation, acting through the Maritime
Administrator, shall engage in the study'';
(2) in subsection (b)--
(A) by striking ``may--'' and all that
follows through ``improvements by--'' and
inserting ``shall identify, study, evaluate,
test, demonstrate, or improve emerging marine
technologies and practices to improve--'';
(B) by inserting before subparagraph (A)
the following:
``(1) environmental performance to meet United
States Federal and international standards and
guidelines, including--'';
(C) in subparagraph (C), by striking
``species; and'' and all that follows through
the end of the subsection and inserting
``species; or
``(D) reducing propeller cavitation; and
``(2) the efficiency and safety of domestic
maritime industries.''.
(3) in subsection (c)(2), by striking ``benefits''
and inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--Not more than three
percent of the funds appropriated to carry out this section may
be used for administrative purposes.''.
SEC. 3504. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY
SCHOOL.
Section 51303 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory
School Sponsorship.--The Secretary of Transportation may
appoint each year as cadets at the United States Merchant
Marine Academy not more than 40 qualified individuals sponsored
by the Academy to attend preparatory school during the academic
year prior to entrance in the Academy, and who have
successfully met the terms and conditions of sponsorship set by
the Academy.''.
SEC. 3505. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended
by adding at the end the following:
``(c) American Maritime Centers of Excellence.--The
Secretary shall designate each State maritime academy as an
American Maritime Center of Excellence.''.
SEC. 3506. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States
Code, is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term
`Vessel of National Interest' means a vessel deemed to
be of national interest that meets characteristics
determined by the Administrator, in consultation with
the Secretary of Defense, the Secretary of the
Department in which the Coast Guard is operating when
it is not operating as a service in the Department of
the Navy, or the heads of other Federal agencies, as
described in section 53703(d).''.
(b) Preferred Lender.--Subsection (a) of section 53702 of
title 46, United States Code, is amended to read as follows:
``(a) In General.--
``(1) Guarantee of payments.--The Secretary or
Administrator, on terms the Secretary or Administrator
may prescribe, may guarantee or make a commitment to
guarantee the payment of the principal of and interest
on an obligation eligible to be guaranteed under this
chapter. A guarantee or commitment to guarantee shall
cover 100 percent of the principal and interest.
``(2) Preferred eligible lender.--The Federal
Financing Bank shall be the preferred eligible lender
of the principal and interest of the guaranteed
obligations issued under this chapter.''.
(c) Application and Administration.--Section 53703 of title
46, United States Code, is amended--
(1) in the section heading, by striking
``procedures'' and inserting ``and administration'';
and
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks
due to factors associated with markets, technology,
financial, or legal structures related to an
application or guarantee under this chapter, the
Secretary or Administrator may utilize third party
experts, including legal counsel, to--
``(A) process and review applications under
this chapter, including conducting independent
analysis and review of aspects of an
application;
``(B) represent the Secretary or
Administrator in structuring and documenting
the obligation guarantee;
``(C) analyze and review aspects of,
structure, and document the obligation
guarantee during the term of the guarantee;
``(D) recommend financial covenants or
financial ratios to be met by the applicant
during the time a guarantee under this chapter
is outstanding that are--
``(i) based on the financial
covenants or financial ratios, if any,
that are then applicable to the obligor
under private sector credit agreements;
and
``(ii) in lieu of other financial
covenants applicable to the obligor
under this chapter with respect to
requirements regarding long-term debt-
to-equity, minimum working capital, or
minimum amount of equity; and
``(E) represent the Secretary or
Administrator to protect the security interests
of the Government relating to an obligation
guarantee.
``(2) Private sector expert.--Independent analysis,
review, and representation conducted under this
subsection shall be performed by a private sector
expert in the applicable field who is selected by the
Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or
Administrator may post a notice in the Federal Register
regarding the availability of funding for obligation
guarantees under this chapter for the construction,
reconstruction, or reconditioning of a Vessel of
National Interest and include a timeline for the
submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or
Administrator, in consultation with the
Secretary of Defense, the Secretary of the
Department in which the Coast Guard is
operating when it is not operating as service
in the Department of the Navy, or the heads of
other Federal agencies, shall develop and
publish a list of vessel types that would be
considered Vessels of National Interest.
``(B) Review.--Such list shall be reviewed
and revised every four years or as necessary,
as determined by the Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the
follows through ``$850,000,000'' and inserting
``that amount, $850,000,000''; and
(B) by striking ``facilities'' and all that
follows through the end of the subsection and
inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B)
through (K), as subparagraphs (A) through (J),
respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of
title 46, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by
striking ``(including an eligible export
vessel)'';
(B) in clause (iv) by inserting ``or''
after the semicolon;
(C) in clause (v), by striking ``; or'' and
inserting a period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking
``and'' after the semicolon;
(B) in subparagraph (B)(ii), by striking
the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and
(B), Vessels of National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46,
United States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46,
United States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case
of'' and all that follows through
``party''; and
(ii) by striking ``and'' after the
semicolon; and
(B) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the
United States for the term of the guarantee of
the obligation or until the obligation is paid
in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting
``and Provide for the Financial Stability of
the Obligor'' after ``Interests'';
(B) by striking ``provisions for the
protection of'' and inserting ``provisions,
which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that
the Secretary or Administrator may prescribe.''
and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``reasonable for--'' and inserting
`` reasonable for processing the application
and monitoring the loan guarantee, including
for--'';
(B) in paragraph (4), by striking ``; and''
and inserting ``or a deposit fund under section
53716 of this title;'';
(C) in paragraph (5), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to
the obligor's compliance with any terms related to the
obligations, the guarantee, or maintenance of the
Secretary or Administrator's security interests under
this chapter.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under
section 53708(d) of this title'' and inserting
``under section 53703(c) of this title'';
(B) by redesignating paragraphs (1) through
(3) as subparagraphs (A) through (C),
respectively, and adjusting the margins
accordingly;
(C) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected
under this subsection are not subject to the limitation
of subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537
of title 46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the
following new section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all
standard documents and agreements that relate to loan
guarantees made pursuant to this chapter are reviewed and
updated every four years to ensure that such documents and
agreements meet the current commercial best practices to the
extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Expedited Consideration of Low-risk Applications.--
(1) In general.--In accordance with the
requirements of this subsection, the Administrator
shall establish an administrative process and issue
guidance for the expedited consideration of low-risk
applications submitted under chapter 537 of title 46,
United States Code.
(2) Stakeholder comment.--Not later than 180 days
after the date of enactment of this section, the
Administrator of the Maritime Administration shall
publish in the Federal Register a notice of a 45-day
public comment period to request stakeholder input and
recommendations to establish the administrative process
required under this subsection, including proposals to
assist applicants--
(A) in the development and submission of
initial applications;
(B) in meeting requests for supplemental
information made by the Administrator; and
(C) to comply with other requirements made
by the Administrator to ensure the expedited
consideration of applications.
(3) Industry best practices.--The administrative
process established under this subsection shall
utilize, to the extent practicable, relevant Federal
and industry best practices found in the maritime and
shipbuilding industries.
(4) Final guidance.--Not later than 90 days after
the conclusion of the public comment period required
under paragraph (2), the Administrator shall publish in
the Federal Register final guidance to assist
applicants in the preparation and filing of
applications under this subsection.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before
reorganizing or consolidating the activities or
personnel covered under chapter 537 of title 46, United
States Code, the Secretary of Transportation shall
notify, in writing, the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives of the proposed reorganization or
consolidation.
(2) Contents.--Each notification under paragraph
(1) shall include an evaluation of, and justification
for, the reorganization or consolidation.
(l) Clerical Amendments.--The table of sections at the
beginning of chapter 537 of title 46, United States Code, is
amended--
(1) by inserting after the item relating to section
53718 the following new item:
``53719. Best practices.''; and
(2) by striking the item relating to section 53732.
SEC. 3507. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
(a) In General.--Section 54101(d) of title 46, United
States Code, is amended--
(1) by striking ``Grants awarded'' and inserting
the following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph
(B), no funds may be obligated by the
Administrator of the Maritime Administration
under this section, unless each product and
material purchased with those funds (including
products and materials purchased by a grantee),
and including any commercially available off-
the-shelf item, is--
``(i) an unmanufactured article,
material, or supply that has been mined
or produced in the United States; or
``(ii) a manufactured article,
material, or supply that has been
manufactured in the United States
substantially all from articles,
materials, or supplies mined, produced,
or manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding
subparagraph (A), the requirements of
that subparagraph shall not apply with
respect to a particular product or
material if the Administrator
determines--
``(I) that the application
of those requirements would be
inconsistent with the public
interest;
``(II) that such product or
material is not available in
the United States in sufficient
and reasonably available
quantities, of a satisfactory
quality, or on a timely basis;
or
``(III) that inclusion of a
domestic product or material
will increase the cost of that
product or material by more
than 25 percent, with respect
to a certain contract between a
grantee and that grantee's
supplier.
``(ii) Federal register.--A
determination made by the Administrator
under this subparagraph shall be
published in the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially
available off-the-shelf item' means--
``(I) any item of supply
(including construction
material) that is--
``(aa) a commercial
item, as defined by
section 2.101 of title
48, Code of Federal
Regulations (as in
effect on the date of
the enactment of the
National Defense
Authorization Act for
Fiscal Year 2020); and
``(bb) sold in
substantial quantities
in the commercial
marketplace; and
``(II) does not include
bulk cargo, as defined in
section 40102(4) of this title,
such as agricultural products
and petroleum products.
``(ii) The term `product or
material' means an article, material,
or supply brought to the site by the
recipient for incorporation into the
building, work, or project. The term
also includes an item brought to the
site preassembled from articles,
materials, or supplies. However,
emergency life safety systems, such as
emergency lighting, fire alarm, and
audio evacuation systems, that are
discrete systems incorporated into a
public building or work and that are
produced as complete systems, are
evaluated as a single and distinct
construction material regardless of
when or how the individual parts or
components of those systems are
delivered to the construction site.
``(iii) The term `United States'
includes the District of Columbia, the
Commonwealth of Puerto Rico, the
Northern Mariana Islands, Guam,
American Samoa, and the Virgin
Islands.''.
(b) Authorization of Appropriations.--Section 54101(i) of
title 46, United States Code, is amended--
(1) by striking ``2018, 2019, and 2020'' and
inserting ``2020 and 2021''; and
(2) by striking ``$35,000,000'' and inserting
``$40,000,000''.
(c) Notification of Committees of Certain Proposed
Obligations.--The first section of Public Law 85-804 (50 U.S.C.
1431) is amended, in the third sentence, by inserting ``and in
addition, the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate with respect to
contracts, or modifications or amendments to contracts, or
advance payments proposed to be made under this section by the
Secretary of the Department in which the Coast Guard is
operating with respect to the acquisition of Coast Guard
cutters or aircraft,'' after ``House of Representatives''.
SEC. 3508. SALVAGE RECOVERIES OF CARGOES.
Section 57107 of title 46, United States Code, is amended
by adding at the end the following:
``(c) Salvaging Cargoes.--
``(1) Reimbursable agreements.--The Secretary of
Transportation, acting through the Administrator of the
Maritime Administration, may enter into reimbursable
agreements with other Federal entities to provide legal
services to such entities relating to the salvaging of
cargoes for which such entities have custody, or
control, or for which for such entities have trustee
responsibilities from vessels in the custody or control
of the Maritime Administration or its predecessor
agencies. The Secretary may receive and retain
reimbursement from such entities for all costs incurred
related to the provision of such services.
``(2) Amounts received.--Amounts received as
reimbursements under this subsection shall be credited
to the fund or account that was used to cover the costs
incurred by the Secretary or, if the period of
availability of obligations for that appropriation has
expired, to the appropriation of funds that is
currently available to the Secretary for substantially
the same purpose. Amounts so credited shall be merged
with amounts in such fund or account and shall be
available for the same purposes, and subject to the
same conditions and limitations, as amounts in such
fund or account.
``(3) Advance payments.--Payments made in advance
shall be for any part of the estimated cost as
determined by the Secretary of Transportation.
Adjustments to the amounts paid in advance shall be
made as agreed to by the Secretary of Transportation
and the head of the ordering agency or unit based on
the actual cost of goods or services provided.''.
SEC. 3509. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND
CARGOES.
(a) In General.--Chapter 571 of title 46, United States
Code, as amended by this title, is further amended by adding at
the end the following new section:
``SEC. 57111. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS
AND CARGOES.
``(a) Salvage Agreements.--The Secretary of Transportation
is authorized to enter into marine salvage agreements for the
recoveries, sale, and disposal of sunken or damaged vessels,
cargoes, or properties owned or insured by or on behalf of the
Maritime Administration, the United States Shipping Board, the
U.S. Shipping Bureau, the United States Maritime Commission, or
the War Shipping Administration.
``(b) Military Craft.--The Secretary of Transportation
shall consult with the Secretary of the military department
concerned prior to engaging in or authorizing any activity
under subsection (a) that will disturb sunken military craft,
as such term is defined in section 1408(3) of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 10 U.S.C. 113 note).
``(c) Recoveries.--Notwithstanding any other provision of
law, the net proceeds from salvage agreements entered into as
authorized in subsection (a) shall remain available until
expended and be distributed as follows:
``(1) Fifty percent shall be available to the
Administrator of the Maritime Administration for the
payment or reimbursement of expenses incurred by or on
behalf of State maritime academies or the United States
Merchant Marine Academy for facility and training ship
maintenance, repair, and modernization, and for the
purchase of simulators and fuel.
``(2) The remainder shall be distributed for
maritime heritage preservation to the Department of the
Interior for grants as authorized by section 308703 of
title 54.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter, as amended by this title, is further
amended by adding at the end the following new item:
``57111. Salvage recoveries for subrogated ownership of vessels and
cargoes.''.
SEC. 3510. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE.
Section 7 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 656) is amended by adding at the end the following:
``(d) There is established a Maritime Occupational Safety
and Health Advisory Committee, which shall be a continuing body
and shall provide advice to the Secretary in formulating
maritime industry standards and regarding matters pertaining to
the administration of this Act related to the maritime
industry. The composition of such advisory committee shall be
consistent with the advisory committees established under
subsection (b). A member of the advisory committee who is
otherwise qualified may continue to serve until a successor is
appointed. The Secretary may promulgate or amend regulations as
necessary to implement this subsection.''.
SEC. 3511. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than one year after
the date of enactment of this title, the Secretary of Defense,
the Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the
Department of the Navy, the Secretary of Commerce, and the
Secretary of Health and Human Services, with respect to the
applicable services in their respective departments, and in
coordination with one another and with the United States
Committee on the Marine Transportation System, and in
consultation with the Merchant Marine Personnel Advisory
Committee, shall, consistent with applicable law, identify all
training and experience within the applicable service that may
qualify for merchant mariner credentialing and submit a list of
all identified training and experience to the United States
Coast Guard National Maritime Center for a determination of
whether such training and experience counts for credentialing
purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether training
and experience counts for credentialing purposes, as described
in subsection (a), not later than 6 months after the date on
which the United States Coast Guard National Maritime Center
receives a submission under subsection (a) identifying a
training or experience and requesting such a determination.
(c) Fees and Services.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the
Department of the Navy, and the Secretary of Commerce, with
respect to the applicable services in their respective
departments, shall--
(1) take all necessary and appropriate actions to
provide for the waiver of fees through the National
Maritime Center license evaluation, issuance, and
examination for members of the uniformed services on
active duty, if a waiver is authorized and appropriate,
and, if a waiver is not granted, take all necessary and
appropriate actions to provide for the payment of fees
for members of the uniformed services on active duty by
the applicable service to the fullest extent permitted
by law;
(2) direct the applicable services to take all
necessary and appropriate actions to provide for
Transportation Worker Identification Credential cards
for members of the uniformed services on active duty
pursuing or possessing a mariner credential, such as
implementation of an equal exchange process for members
of the uniformed services on active duty at no or
minimal cost;
(3) ensure that members of the applicable services
who are to be discharged or released from active duty
and who request certification or verification of sea
service be provided such certification or verification
no later than one month after discharge or release;
(4) ensure the applicable services have developed,
or continue to operate, as appropriate, the online
resource known as Credentialing Opportunities On-Line
to support separating members of the uniformed services
who are seeking information and assistance on merchant
mariner credentialing; and
(5) not later than 1 year after the date of
enactment of this section, take all necessary and
appropriate actions to review and implement service-
related medical certifications to merchant mariner
credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the
Department of the Navy, and the Secretary of Commerce
shall have direct hiring authority to employ separated
members of the uniformed services with valid merchant
mariner licenses or sea service experience in support
of United States national maritime needs, including the
Army Corps of Engineers, U.S. Customs and Border
Protection, and the National Oceanic and Atmospheric
Administration.
(2) Appointments of retired members of the armed
forces.--Except in the case of positions in the Senior
Executive Service, the requirements of section 3326(b)
of title 5, United States Code, shall not apply with
respect to the hiring of a separated member of the
uniformed services under paragraph (1).
(e) Separated Member of the Uniformed Services.--In this
section, the term ``separated member of the uniformed
services'' means an individual who--
(1) is retiring or is retired as a member of the
uniformed services;
(2) is voluntarily separating or voluntarily
separated from the uniformed services at the end of
enlistment or service obligation; or
(3) is administratively separating or has
administratively separated from the uniformed services
with an honorable or general discharge
characterization.
SEC. 3512. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT.
The Inspector General of the Department of Transportation
shall--
(1) not later than 180 days after the date of
enactment of this title, initiate an audit of the
Maritime Administration's actions to address only those
recommendations from Chapter 3 and recommendations 5-1,
5-2, 5-3, 5-4, 5-5, and 5-6 identified by a National
Academy of Public Administration panel in the November
2017 report entitled ``Maritime Administration:
Defining its Mission, Aligning its Programs, and
Meeting its Objectives''; and
(2) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that
audit once the audit is completed.
SEC. 3513. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation shall
seek to enter into an agreement with the National Academy of
Public Administration (referred to in this section as the
``Academy'') to carry out the activities described in this
section.
(b) Study Elements.--In accordance with the agreement
described in subsection (a), the Academy shall conduct a study
of the United States Merchant Marine Academy that consists of
the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training,
facilities, infrastructure, information technology, and
stakeholder engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine
Academy keep pace with more modern campuses.
(3) Development of an action plan for the United
States Merchant Marine Academy with specific
recommendations for--
(A) improvements or updates relating to the
opportunities described in paragraph (2); and
(B) systemic changes needed to help the
United States Merchant Marine Academy achieve
its mission of inspiring and educating the next
generation of the mariner workforce on a long-
term basis.
(c) Deadline and Report.--Not later than 1 year after the
date of the agreement described in subsection (a), the Academy
shall prepare and submit to the Administrator of the Maritime
Administration a report containing the action plan described in
subsection (b)(3), including specific findings and
recommendations.
SEC. 3514. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the
availability of appropriations, the Secretary of
Transportation shall make grants, on a competitive
basis, to eligible applicants to assist in funding
eligible projects for the purpose of improving the
safety, efficiency, or reliability of the movement of
goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a
grant under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State,
or a local government.
``(C) A public agency or publicly chartered
authority established by 1 or more States.
``(D) A special purpose district with a
transportation function.
``(E) An Indian Tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304),
without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional
group of entities described in this paragraph.
``(G) A lead entity described in
subparagraph (A), (B), (C), (D), (E), or (F)
jointly with a private entity or group of
private entities.
``(3) Eligible projects.--The Secretary may make a
grant under this subsection--
``(A) for a project, or package of
projects, that--
``(i) is either--
``(I) within the boundary
of a port; or
``(II) outside the boundary
of a port, but is directly
related to port operations or
to an intermodal connection to
a port; and
``(ii) will be used to improve the
safety, efficiency, or reliability of--
``(I) the loading and
unloading of goods at the port,
such as for marine terminal
equipment;
``(II) the movement of
goods into, out of, around, or
within a port, such as for
highway or rail infrastructure,
intermodal facilities, freight
intelligent transportation
systems, and digital
infrastructure systems; or
``(III) environmental
mitigation measures and
operational improvements
directly related to enhancing
the efficiency of ports and
intermodal connections to
ports; or
``(B) notwithstanding paragraph (6)(A)(v),
to provide financial assistance to 1 or more
projects under subparagraph (A) for development
phase activities, including planning,
feasibility analysis, revenue forecasting,
environmental review, permitting, and
preliminary engineering and design work.
``(4) Prohibited uses.--A grant award under this
subsection may not be used--
``(A) to finance or refinance the
construction, reconstruction, reconditioning,
or purchase of a vessel that is eligible for
such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project
described in paragraph (3)(A)(ii)(III)
of this subsection; and
``(ii) is not receiving assistance
under chapter 537; or
``(B) for any project within a small
shipyard (as defined in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a
grant under this subsection, an eligible
applicant shall submit to the Secretary an
application in such form, at such time, and
containing such information as the Secretary
considers appropriate.
``(B) Solicitation process.--Not later than
60 days after the date that amounts are made
available for grants under this subsection for
a fiscal year, the Secretary shall solicit
grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select
a project described in paragraph (3) for
funding under this subsection if the Secretary
determines that--
``(i) the project improves the
safety, efficiency, or reliability of
the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost
effective;
``(iii) the eligible applicant has
authority to carry out the project;
``(iv) the eligible applicant has
sufficient funding available to meet
the matching requirements under
paragraph (8);
``(v) the project will be completed
without unreasonable delay; and
``(vi) the project cannot be easily
and efficiently completed without
Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In
selecting projects described in paragraph (3)
for funding under this subsection, the
Secretary shall give substantial weight to--
``(i) the utilization of non-
Federal contributions; and
``(ii) the net benefits of the
funds awarded under this subsection,
considering the cost-benefit analysis
of the project, as applicable.
``(C) Small projects.--The Secretary may
waive the cost-benefit analysis under
subparagraph (A)(ii), and establish a
simplified, alternative basis for determining
whether a project is cost effective, for a
small project described in paragraph (7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more
than 25 percent of the amounts made available
for grants under this subsection for a fiscal
year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall
reserve 25 percent of the amounts made
available for grants under this subsection each
fiscal year to make grants for eligible
projects described in paragraph (3)(A) that
request the lesser of--
``(i) 10 percent of the amounts
made available for grants under this
subsection for a fiscal year; or
``(ii) $10,000,000.
``(C) Development phase activities.--Not
more than 10 percent of the amounts made
available for grants under this subsection for
a fiscal year may be used to make grants for
development phase activities under paragraph
(3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible
for a grant under this subsection, an eligible
applicant shall submit to the Secretary an
estimate of the total costs of a project under
this subsection based on the best available
information, including any available
engineering studies, studies of economic
feasibility, environmental analyses, and
information on the expected use of equipment or
facilities.
``(B) Federal share.--
``(i) In general.--Except as
provided in clause (ii), the Federal
share of the total costs of a project
under this subsection shall not exceed
80 percent.
``(ii) Rural areas.--The Secretary
may increase the Federal share of costs
above 80 percent for a project located
in a rural area.
``(9) Procedural safeguards.--The Secretary shall
issue guidelines to establish appropriate accounting,
reporting, and review procedures to ensure that--
``(A) grant funds are used for the purposes
for which those funds were made available;
``(B) each grantee properly accounts for
all expenditures of grant funds; and
``(C) grant funds not used for such
purposes and amounts not obligated or expended
are returned.
``(10) Grant conditions.--
``(A) In general.--The Secretary shall
require as a condition of making a grant under
this subsection that a grantee--
``(i) maintain such records as the
Secretary considers necessary;
``(ii) make the records described
in clause (i) available for review and
audit by the Secretary; and
``(iii) periodically report to the
Secretary such information as the
Secretary considers necessary to assess
progress.
``(B) Additional requirement.--The
Secretary shall apply the same requirements of
section 117(k) of title 23, United States Code,
to a port project assisted in whole or in part
under this section as the Secretary does a
port-related freight project under section 117
of title 23, United States Code.
``(C) Construction, repair, or alteration
of vessels.--With regard to the construction,
repair, or alteration of vessels, the same
requirements of section 117(k) of title 23,
United States Code, shall apply regardless of
whether the location of contract performance is
known when bids for such work are solicited.
``(11) Administration.--
``(A) Administrative and oversight costs.--
The Secretary may retain not more than 2
percent of the amounts appropriated for each
fiscal year under this subsection for the
administrative and oversight costs incurred by
the Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts
appropriated for carrying out this
subsection shall remain available until
expended.
``(ii) Unexpended funds.--Amounts
awarded as a grant under this
subsection that are not expended by the
grantee during the 5-year period
following the date of the award shall
remain available to the Secretary for
use for grants under this subsection in
a subsequent fiscal year.
``(12) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--
The term `appropriate committees of Congress'
means--
``(i) the Committee on Commerce,
Science, and Transportation of the
Senate; and
``(ii) the Committee on
Transportation and Infrastructure of
the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) any port on the navigable
waters of the United States; and
``(ii) any harbor, marine terminal,
or other shore side facility used
principally for the movement of goods
on inland waters.
``(C) Project.--The term `project' includes
construction, reconstruction, environmental
rehabilitation, acquisition of property,
including land related to the project and
improvements to the land, equipment
acquisition, and operational improvements.
``(D) Rural area.--The term `rural area'
means an area that is outside an urbanized
area.
``(d) Additional Authority of the Secretary.--In carrying
out this section, the Secretary may--
``(1) coordinate with other Federal agencies to
expedite the process established under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for the improvement of port facilities to improve
the efficiency of the transportation system, to
increase port security, or to provide greater access to
port facilities;
``(2) seek to coordinate all reviews or
requirements with appropriate Federal, State, and local
agencies; and
``(3) in addition to any financial assistance
provided under subsection (c), provide such technical
assistance to port authorities or commissions or their
subdivisions and agents.''.
(c) Savings Clause.--A repeal made by subsection (b) of
this section shall not affect amounts apportioned or allocated
before the effective date of the repeal. Such apportioned or
allocated funds shall continue to be subject to the
requirements to which the funds were subject under--
(1) section 50302(c) of title 46, United States
Code, as in effect on the day before the date of
enactment of this title;
(2) section 9008 of the SAFETEA-LU Act (Public Law
109-59; 119 Stat. 1926);
(3) section 10205 of the SAFETEA-LU Act (Public Law
109-59; 119 Stat. 1934); and
(4) section 3512 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (48
U.S.C. 1421r).
(d) Remedial Actions.--Section 533 of the Coast Guard
Authorization Act of 2016 (Public Law 114-120; 130 Stat. 74) is
amended by adding at the end the following:
``(f) Remedial Actions.--For purposes of the conveyances
under this section, the remedial actions required under section
120(h) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) may
be completed by the United States Coast Guard after the date of
such conveyance and a deed entered into for such conveyance
shall include a clause granting the United States Coast Guard
access to the property in any case in which remedial action or
corrective action is found to be necessary after the date of
such conveyance.''.
(e) Environmental Compliance.--Section 534(a) of the Coast
Guard Authorization Act of 2016 (Public Law 114-120; 42 U.S.C.
9620 note) is amended--
(1) by striking ``Nothing'' and inserting ``After
the date on which the Secretary of the Interior conveys
land under section 533 of this Act, nothing''; and
(2) by inserting ``, with respect to contaminants
on such land prior to the date on which the land is
conveyed'' before the period.
SEC. 3515. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate a report on port facilities used for military purposes
at ports designated by the Department of Defense as strategic
seaports.
(b) Elements.--The report required by subsection (a) shall
include, with respect to port facilities included in the
report, the following:
(1) An assessment of whether there are structural
integrity or other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure
improvements to such facilities that would be
needed to meet, directly or indirectly,
national security and readiness requirements;
(B) an assessment of the impact on
operational readiness of the Armed Forces if
such improvements are not undertaken; and
(C) an identification of, to the maximum
extent practical, all potential funding sources
for such improvements from existing
authorities.
(3) An identification of the support that would be
appropriate for the Department of Defense to provide in
the execution of the responsibilities of the Secretary
of Transportation under section 50302 of title 46,
United States Code, with respect to such facilities.
(4) If additional statutory or administrative
authorities would be required for the provision of
support as described in paragraph (3), recommendations
for legislative or administrative action to establish
such authorities.
(c) Consultation.--The Secretary of Defense shall prepare
the report required by subsection (a) in consultation with the
Maritime Administrator and the individual responsible for each
port facility described in such subsection.
SEC. 3516. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later
than 120 days after the date of the enactment of this title,
the Director of the Office of Personnel Management, in
consultation with the Administrator of the Maritime
Administration, shall identify key skills and competencies
necessary to maintain a balance of expertise in merchant marine
seagoing service and strategic sealift military service in each
of the following positions within the Office of the Commandant
of the Merchant Marine Academy:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 46 U.S.C. 51318 note) is amended by inserting
``domestic and international'' after ``critera that''.
SEC. 3517. UNITED STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days after
the date of the enactment of this title, the recommendations in
report of the Inspector General of the Department of
Transportation on the effectiveness sexual assault prevention
and response program of the United States Merchant Marine
Academy (mandated under section 3512 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of the
enactment of this title, the Secretary of Transportation shall
submit to Congress a report that includes--
(1) confirmation that the recommendations described
in subsection (a) have been fully implemented, and
explaining how those recommendations have been
implemented; or
(2) if such recommendations have not been fully
implemented as of the date of the report, an
explanation of why such recommendations have not been
fully implemented and a description of the resources
that are needed to fully implement such
recommendations.
SEC. 3518. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--Not later than six months after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the need for vessels documented
under chapter 121 of title 46, United States Code, to install,
operate, and maintain emerging offshore energy infrastructure,
including offshore wind energy.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an inventory of vessels documented under
chapter 121 of title 46, United States Code, (including
existing vessels and vessels that have the potential to
be refurbished) to install, operate, and maintain such
emerging offshore energy infrastructure;
(2) a projection of existing vessels needed to meet
such emerging offshore energy needs over the next 10
years;
(3) a summary of actions taken or proposed by
offshore energy developers and producers, the United
States domestic shipbuilding industry, and United
States coastwise qualified operators to ensure
sufficient vessel capacity in compliance with United
States coastwise laws; and
(4) a description of the potential benefits to the
United States maritime and shipbuilding industries and
to the United States economy associated with the use of
United States coastwise qualified vessels to support
offshore energy development and production.
SEC. 3519. REPORT ON UNITED STATES FLAGGED FUEL TANKER VESSEL CAPACITY.
(a) Report Required.--Concurrent with the budget of the
President for fiscal year 2021, as submitted to Congress under
section 1105 of title 31, United States Code, the Secretary of
Defense shall, in consultation with the Secretary of
Transportation, submit to the appropriate committees of
Congress a report on the capabilities of the United States to
maintain adequate United States-flagged fuel tanker vessel
capacity to support the full range of anticipated military
operations over each period as follows:
(1) In 2020.
(2) Between 2020 and 2025.
(3) Between 2020 and 2030.
(b) Elements.--The report required by subsection (a) shall
include, for each period specified in that subsection, the
following:
(1) A description of current and projected United
States-flagged fuel tanker vessel capacity.
(2) A description of current and projected United
States military needs for United States-flagged fuel
tanker vessel capacity, including the most stressing
peacetime and wartime requirements.
(3) A description and assessment of the number of
foreign-flagged tanker vessels required to address
United States military needs described pursuant to
paragraph (2), including the most stressing peacetime
and wartime requirements.
(4) An identification and assessment of any gaps in
the capacity described pursuant to paragraph (1) to
meet the United States military needs described
pursuant to paragraph (2), including quantities of
tanker vessels, as well as an assessment of the risk to
military objectives due to reliance on foreign-flagged
tanker vessels described pursuant to paragraph (3).
(5) A description and assessment of options to
address the gaps identified pursuant to paragraph (4),
including the establishment of a program for United
States-flagged fuel tanker vessels modeled on the
Maritime Security Program.
(6) Such recommendations as the Secretary of
Defense considers appropriate in light of the matters
set forth in the report.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Armed
Services of the Senate; and
(B) the Committee on Transportation and
Infrastructure and the Committee on Armed
Services of the House of Representatives.
(2) The term ``Maritime Security Program'' means
the program in connection with the Maritime Security
Fleet under chapter 531 of title 46, United States
Code.
Subtitle B--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended
by inserting before chapter 533 the following new chapter:
``CHAPTER 532--CABLE SECURITY FLEET
``Sec.
``53201. Definitions.
``53202. Establishment of the Cable Security Fleet.
``53203. Award of operating agreements.
``53204. Effectiveness of operating agreements.
``53205. Obligations and rights under operating agreements.
``53206. Payments.
``53207. National security requirements.
``53208. Regulatory relief.
``53209. Authorization of appropriations.
``Sec. 53201. Definitions
``In this chapter:
``(1) Cable services.--The term `cable services'
means the installation, maintenance, or repair of
submarine cables and related equipment, and related
cable vessel operations.
``(2) Cable vessel.--The term `cable vessel' means
a vessel--
``(A) classed as a cable ship or cable
vessel by, and designed in accordance with the
rules of, the American Bureau of Shipping, or
another classification society accepted by the
Secretary; and
``(B) capable of installing, maintaining,
and repairing submarine cables.
``(3) Cable fleet.--The term `Cable Fleet' means
the Cable Security Fleet established under section
53202(a).
``(4) Contingency agreement.--The term `Contingency
Agreement' means the agreement required by section
53207.
``(5) Contractor.--The term `Contractor' means an
owner or operator of a vessel that enters into an
Operating Agreement for a cable vessel with the
Secretary under section 53203.
``(6) Fiscal year.--The term `fiscal year' means
any annual period beginning on October 1 and ending on
September 30.
``(7) Operating agency.--The term `Operating
Agency' means that agency or component of the
Department of Defense so designated by the Secretary of
Defense under this chapter.
``(8) Operating agreement or agreement.--The terms
`Operating Agreement' or `Agreement' mean the agreement
required by section 53203.
``(9) Person.--The term `person' includes
corporations, partnerships, and associations existing
under or authorized by the laws of the United States,
or any State, Territory, District, or possession
thereof, or of any foreign country.
``(10) Secretary.--The term `Secretary' means the
Secretary of Transportation.
``(11) United states.--The term `United States'
includes the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
``(12) United states citizen trust.--
``(A) Subject to paragraph (C), the term
`United States citizen trust' means a trust
that is qualified under this paragraph.
``(B) A trust is qualified under this
paragraph with respect to a vessel only if--
``(i) it was created under the laws
of a state of the United States;
``(ii) each of the trustees is a
citizen of the United States; and
``(iii) the application for
documentation of the vessel under
chapter 121 of this title includes the
affidavit of each trustee stating that
the trustee is not aware of any reason
involving a beneficiary of the trust
that is not a citizen of the United
States, or involving any other person
that is not a citizen of the United
States, as a result of which the
beneficiary or other person would hold
more than 25 percent of the aggregate
power to influence, or limit the
exercise of the authority of, the
trustee with respect to matters
involving any ownership or operation of
the vessel that may adversely affect
the interests of the United States.
``(C) If any person that is not a citizen
of the United States has authority to direct,
or participate in directing, the trustee for a
trust in matters involving any ownership or
operation of the vessel that may adversely
affect the interests of the United States or in
removing a trustee for a trust without cause,
either directly or indirectly through the
control of another person, the trust is not
qualified under this paragraph unless the trust
instrument provides that persons who are not
citizens of the United States may not hold more
than 25 percent of the aggregate authority to
direct or remove a trustee.
``(D) This paragraph shall not be
considered to prohibit a person who is not a
citizen of the United States from holding more
than 25 percent of the beneficial interest in a
trust.
``Sec. 53202. Establishment of the Cable Security Fleet
``(a) In General.--(1) The Secretary, in consultation with
the Operating Agency, shall establish a fleet of active,
commercially viable, cable vessels to meet national security
requirements. The fleet shall consist of privately owned,
United States-documented cable vessels for which there are in
effect Operating Agreements under this chapter, and shall be
known as the Cable Security Fleet.
``(2) The Fleet described under this section shall include
two vessels.
``(b) Vessel Eligibility.--A cable vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of
paragraph (1), (2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a
vessel to be constructed, will be operated) in
commercial service providing cable services;
``(3) the vessel is 40 years of age or less on the
date the vessel is included in the Fleet;
``(4) the vessel is--
``(A) determined by the Operating Agency to
be suitable for engaging in cable services by
the United States in the interest of national
security; and
``(B) determined by the Secretary to be
commercially viable, whether independently or
taking any payments which are the consequence
of participation in the Cable Fleet into
account; and
``(5) the vessel--
``(A) is a United States-documented vessel;
or
``(B) is not a United States-documented
vessel, but--
``(i) the owner of the vessel has
demonstrated an intent to have the
vessel documented under chapter 121 of
this title if it is included in the
Cable Fleet; and
``(ii) at the time an Operating
Agreement is entered into under this
chapter, the vessel is eligible for
documentation under chapter 121 of this
title.
``(c) Requirements Regarding Citizenship of Owners and
Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this
paragraph if, during the period of an Operating
Agreement under this chapter that applies to the
vessel, the vessel will be owned and operated by one or
more persons that are citizens of the United states
under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or
united states citizen trust, and chartered to a
documentation citizen.--A vessel meets the requirements
of this paragraph if--
``(A) during the period of an Operating
Agreement under this chapter that applies to
the vessel, the vessel will be--
``(i) owned by a person that is a
citizen of the United States under
section 50501 of this title or that is
a United States citizen trust; and
``(ii) demise chartered to and
operated by a person--
``(I) that is eligible to
document the vessel under
chapter 121 of this title;
``(II) the chairman of the
board of directors, chief
executive officer, and a
majority of the members of the
board of directors of which are
citizens of the United States
under section 50501 of this
title, and are appointed and
subject to removal only upon
approval by the Secretary; and
``(III) that certifies to
the Secretary that there are no
treaties, statutes,
regulations, or other laws that
would prohibit the Contractor
for the vessel from performing
its obligations under an
Operating Agreement under this
chapter;
``(B) in the case of a vessel that will be
demise chartered to a person that is owned or
controlled by another person that is not a
citizen of the United States under section
50501 of this title, the other person enters
into an agreement with the Secretary not to
influence the operation of the vessel in a
manner that will adversely affect the interests
of the United States; and
``(C) the Secretary and the Operating
Agency notify the Committee on Armed Services
and the Committee on Commerce, Science and
Transportation of the Senate, and the Committee
on Armed Services of the House of
Representatives that they concur, and have
reviewed the certification required under
subparagraph (A)(ii)(III) and determined that
there are no legal, operational, or other
impediments that would prohibit the Contractor
for the vessel from performing its obligations
under an Operating Agreement under this
chapter.
``(3) Vessel owned and operated by a defense
contractor.--A vessel meets the requirements of this
paragraph if--
``(A) during the period of an Operating
Agreement under this chapter that applies to
the vessel, the vessel will be owned and
operated by a person that--
``(i) is eligible to document a
vessel under chapter 121 of this title;
``(ii) operates or manages other
United States-documented vessels for
the Secretary of Defense, or charters
other vessels to the Secretary of
Defense;
``(iii) has entered into a special
security agreement for purposes of this
paragraph with the Secretary of
Defense;
``(iv) makes the certification
described in paragraph (2)(A)(ii)(III);
and
``(v) in the case of a vessel
described in paragraph (2)(B), enters
into an agreement referred to in that
paragraph; and
``(B) the Secretary and the Secretary of
Defense notify the Committee on Armed Services
and Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Armed Services of the House of
Representatives that they have reviewed the
certification required by subparagraph (A)(iv)
and determined that there are no other legal,
operational, or other impediments that would
prohibit the Contractor for the vessel from
performing its obligations under an Operating
Agreement under this chapter.
``(4) Vessel owned by a documentation citizen and
chartered to a section 50501 citizen.--A vessel meets
the requirements of this paragraph if, during the
period of an Operating Agreement under this chapter
that applies to the vessel, the vessel will be--
``(A) owned by a person that is eligible to
document a vessel under chapter 121 of this
title; and
``(B) demise chartered to a person that is
a citizen of the United States under section
50501 of this title.
``(d) Vessel Standards.--
``(1) Certificate of inspection.--A cable vessel
which the Secretary of the Department in which the
Coast Guard is operating determines meets the criteria
of subsection (b) of this section but which, on the
date of enactment of the Act, is not documented under
chapter 121 of this title, shall be eligible for a
certificate of inspection if that Secretary determines
that--
``(A) the vessel is classed by, and
designed in accordance with the rules of, the
American Bureau of Shipping, or another
classification society accepted by that
Secretary;
``(B) the vessel complies with applicable
international agreements and associated
guidelines, as determined by the country in
which the vessel was documented immediately
before becoming documented under chapter 121;
and
``(C) that country has not been identified
by that Secretary as inadequately enforcing
international vessel regulations as to that
vessel.
``(2) Continued eligibility for certificate.--
Paragraph (1) does not apply to a vessel after any date
on which the vessel fails to comply with the applicable
international agreements and associated guidelines
referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the
Department in which the Coast Guard is
operating may rely on a certification from the
American Bureau of Shipping or, subject to
subparagraph (B), another classification
society accepted by that Secretary to establish
that a vessel is in compliance with the
requirements of paragraphs (1) and (2).
``(B) Foreign classification society.--The
Secretary of the Department in which the Coast
Guard is operating may accept certification
from a foreign classification society under
subparagraph (A) only--
``(i) to the extent that the
government of the foreign country in
which the society is headquartered
provides access on a reciprocal basis
to the American Bureau of Shipping; and
``(ii) if the foreign
classification society has offices and
maintains records in the United States.
``(e) Waiver of Age Registration.--The Secretary, in
conjunction with the Operating Agency, may waive the
application of the age restriction under subsection (b)(3) if
they jointly determine that the waiver--
``(1) is in the national interest;
``(2) the subject cable vessel and any associated
operating network is and will continue to be
economically viable; and
``(3) is necessary due to the lack of availability
of other vessels and operators that comply with the
requirements of this chapter.
``Sec. 53203. Award of operating agreements
``(a) In General.--The Secretary shall require, as a
condition of including any vessel in the Cable Fleet, that the
person that is the owner or operator of the vessel for purposes
of section 53202(c) enter into an Operating Agreement with the
Secretary under this section.
``(b) Procedure for Applications.--
``(1) Acceptance of applications.--Beginning no
later than 60 days after the effective date of this
chapter, the Secretary shall accept applications for
enrollment of vessels in the Cable Fleet.
``(2) Action on applications.--Within 120 days
after receipt of an application for enrollment of a
vessel in the Cable Fleet, the Secretary shall approve
the application in conjunction with the Operating
Agency, and shall enter into an Operating Agreement
with the applicant, or provide in writing the reason
for denial of that application.
``(c) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter into
Operating Agreements with those vessels determined by the
Operating Agency, in its sole discretion, to best meet the
national security requirements of the United States. After
consideration of national security requirements, priority shall
be given to an applicant that is a United States citizen under
section 50501 of this title.
``Sec. 53204. Effectiveness of operating agreements
``(a) Effectiveness Generally.--The Secretary may enter
into an Operating Agreement under this chapter for fiscal year
2021. Except as provided in subsection (d), the agreement shall
be effective only for one fiscal year, but shall be renewable,
subject to available appropriations, for each subsequent year.
``(b) Vessels Under Charter to the United States.--Vessels
under charter to the United States are eligible to receive
payments pursuant to their Operating Agreements.
``(c) Termination.--
``(1) Termination by the secretary.--If the
Contractor with respect to an Operating Agreement
materially fails to comply with the terms of the
Agreement--
``(A) the Secretary shall notify the
Contractor and provide a reasonable opportunity
for it to comply with the Operating Agreement;
``(B) the Secretary shall terminate the
Operating Agreement if the Contractor fails to
achieve such compliance; and
``(C) upon such termination, any funds
obligated by the Agreement shall be available
to the Secretary to carry out this chapter.
``(2) Early termination by a contractor.--An
Operating Agreement under this chapter shall terminate
on a date specified by the Contractor if the Contractor
notifies the Secretary, not fewer than 60 days prior to
the effective date of the termination, that the
Contractor intends to terminate the Agreement.
``(d) Nonrenewal for Lack of Funds.--If, by the first day
of a fiscal year, sufficient funds have not been appropriated
under the authority provided by this chapter for that fiscal
year for all Operating Agreements, then the Secretary shall
notify the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services of the House of Representatives
that Operating Agreements authorized under this chapter for
which sufficient funds are not available will not be renewed
for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year. If only partial funding is
appropriated by the 60th day of such fiscal year, then the
Secretary, in consultation with the Operating Agency, shall
select the vessels to retain under Operating Agreements, based
on their determinations of which vessels are most useful for
national security. In the event that no funds are appropriated,
then no Operating Agreements shall be renewed and each
Contractor shall be released from its obligations under the
Operating Agreement. Final payments under an Operating
Agreement that is not renewed shall be made in accordance with
section 53206. To the extent that sufficient funds are
appropriated in a subsequent fiscal year, an Operating
Agreement that has not been renewed pursuant to this subsection
may be reinstated if mutually acceptable to the Secretary, in
consultation with the Operating Agency, and the Contractor,
provided the vessel remains eligible for participation pursuant
to section 53202, without regard to subsection 53202 (b)(3).
``(e) Release of Vessels From Obligations.--If funds are
not appropriated for payments under an Operating Agreement
under this chapter for any fiscal year by the 60th day of a
fiscal year, and the Secretary, in consultation with the
Operating Agency determines to not renew a Contractor's
Operating Agreement for a vessel, then--
``(1) each vessel covered by the Operating
Agreement that is not renewed is thereby released from
any further obligation under the Operating Agreement;
``(2) the owner or operator of the vessel whose
Operating Agreement was not renewed may transfer and
register such vessel under a foreign registry that is
acceptable to the Secretary and the Operating Agency,
notwithstanding section 56101 of this title; and
``(3) if chapter 563 of this title is applicable to
such vessel after registration, then the vessel is
available to be requisitioned by the Secretary pursuant
to chapter 563.
``Sec. 53205. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An Operating Agreement under
this chapter shall require that, during the period the vessel
is operating under the Agreement, the vessel--
``(1) shall be operated in the trade for Cable
Services, or under a charter to the United States; and
``(2) shall be documented under chapter 121 of this
title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An Operating Agreement under
this chapter shall require, subject to the availability
of appropriations, that the Secretary make payment to
the Contractor in accordance with section 53206.
``(2) Operating agreement is an obligation of the
united states government.--An Operating Agreement under
this chapter constitutes a contractual obligation of
the United States Government to pay the amounts
provided for in the Operating Agreement to the extent
of actual appropriations.
``(c) Documentation Requirement.--Each vessel covered by an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall remain documented under chapter 121
of this title, until the date the Operating Agreement would
terminate according to its own terms.
``(d) National Security Requirements.--
``(1) In general.--A Contractor with respect to an
Operating Agreement (including an Agreement terminated
under section 53204(c)(2)) shall continue to be bound
by the provisions of section 53207 until the date the
Operating Agreement would terminate according to its
terms.
``(2) Contingency agreement with operating
agency.--All terms and conditions of a Contingency
Agreement entered into under section 53207 shall remain
in effect until a date the Operating Agreement would
terminate according to its terms, except that the terms
of such Contingency Agreement may be modified by the
mutual consent of the Contractor, and the Operating
Agency.
``(e) Transfer of Operating Agreements.--Operating
Agreements shall not be transferrable by the Contractor.
``(f) Replacement Vessel.--A Contractor may replace a
vessel under an Operating Agreement with another vessel that is
eligible to be included in the Fleet under section 53202(b), if
the Secretary and the Operating Agency jointly determine that
the replacement vessel meets national security requirements and
approve the replacement.
``Sec. 53206. Payments
``(a) Annual Payment.--
``(1) In general.--The Secretary, subject to
availability of appropriations and other provisions of
this section, shall pay to the Contractor for an
operating agreement, for each vessel that is covered by
the operating agreement, an amount equal to $5,000,000
for each fiscal year 2021 through 2035.
``(2) Timing.--This amount shall be paid in equal
monthly installments at the end of each month. The
amount shall not be reduced except as provided by this
section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for a
vessel, the Contractor for the vessel shall certify that the
vessel has been and will be operated in accordance with section
53205(a)(1) for 365 days in each fiscal year. Up to thirty (30)
days during which the vessel is drydocked, surveyed, inspected,
or repaired shall be considered days of operation for purposes
of this subsection.
``(c) General Limitations.--The Secretary shall not make
any payment under this chapter for a vessel with respect to any
days for which the vessel is--
``(1) not operated or maintained in accordance with
an Operating Agreement under this chapter; or
``(2) more than 40 years of age.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an Operating
Agreement, the Secretary shall make a pro rata reduction for
each day less than 365 in a fiscal year that the vessel is not
operated in accordance with section 53205(a)(1), with days
during which the vessel is drydocked or undergoing survey,
inspection or repair to be considered days on which the vessel
is operated as provided in subsection (b).
``Sec. 53207. National security requirements
``(a) Contingency Agreement Required.--The Secretary shall
include in each Operating Agreement under this chapter a
requirement that the Contractor enter into a Contingency
Agreement with the Operating Agency. The Operating Agency shall
negotiate and enter into a Contingency Agreement with each
Contractor as promptly as practicable after the Contractor has
entered into an Operating Agreement under this chapter.
``(b) Terms of Contingency Agreement.--
``(1) In general.--A Contingency Agreement under
this section shall require that a Contractor for a
vessel covered by an Operating Agreement under this
chapter make the vessel, including all necessary
resources to engage in Cable Services required by the
Operating Agency, available upon request by the
Operating Agency.
``(2) Terms.--
``(A) In general.--The basic terms of a
Contingency Agreement shall be established
(subject to subparagraph (B)) by the Operating
Agency.
``(B) Additional terms.--The Operating
Agency and a Contractor may agree to additional
or modifying terms appropriate to the
Contractor's circumstances.
``(c) Defense Measures Against Unauthorized Seizures.--(1)
The Contingency Agreement shall require that any vessel
operating under the direction of the Operating Agency operating
in area that is designated by the Coast Guard as an area of
high risk of piracy shall be equipped with, at a minimum,
appropriate non-lethal defense measures to protect the vessel
and crew from unauthorized seizure at sea.
``(2) The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating shall jointly
prescribe the non-lethal defense measures that are required
under this paragraph.
``(d) Participation After Expiration of Operating
Agreement.--Except as provided by section 53205(d), the
Operating Agency may not require, through a Contingency
Agreement or an Operating Agreement, that a Contractor continue
to participate in a Contingency Agreement after the Operating
Agreement with the Contractor has expired according to its
terms or is otherwise no longer in effect.
``(e) Resources Made Available.--The resources to be made
available in addition to the vessel under a Contingency
Agreement shall include all equipment, personnel, supplies,
management services, and other related services as the
Operating Agency may determine to be necessary to provide the
Cable Services required by the Operating Agency.
``(f) Compensation.--
``(1) In general.--The Operating Agency shall
include in each Contingency Agreement provisions under
which the Operating Agency shall pay fair and
reasonable compensation for use of the vessel and all
Cable Services provided pursuant to this section and
the Contingency Agreement.
``(2) Specific requirements.--Compensation under
this subsection--
``(A) shall be at the rate specified in the
Contingency Agreement;
``(B) shall be provided from the time that
a vessel is required by the Operating Agency
under the Contingency Agreement until the time
it is made available by the Operating Agency
available to reenter commercial service; and
``(C) shall be in addition to and shall not
in any way reflect amounts payable under
section 53206.
``(g) Liability of the United States for Damages.--
``(1) Limitation on the liability of the u.s.--
Except as otherwise provided by law, the Government
shall not be liable for disruption of a Contractor's
commercial business or other consequential damages to a
Contractor arising from the activation of the
Contingency Agreement.
``(2) Affirmative defense.--In any action in any
Federal or State court for breach of third-party
contract, there shall be available as an affirmative
defense that the alleged breach of contract was caused
predominantly by action taken to carry out a Contingent
Agreement. Such defense shall not release the party
asserting it from any obligation under applicable law
to mitigate damages to the greatest extent possible.
``Sec. 53208. Regulatory relief
``The telecommunications and other electronic equipment on
an existing vessel that is redocumented under the laws of the
United States for operation under an Operating Agreement under
this chapter shall be deemed to satisfy all Federal
Communication Commission equipment certification requirements,
if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was
documented immediately before becoming documented under
the laws of the United States;
``(2) that country has not been identified by the
Secretary of the Department in which the Coast Guard is
operating as inadequately enforcing international
regulations as to that vessel; and
``(3) at the end of its useful life, such equipment
shall be replaced with equipment that meets Federal
Communication Commission equipment certification
standards.
``Sec. 53209. Authorization of appropriations
``There are authorized to be appropriated for payments
under section 53206, $10,000,000 for each of the fiscal years
2021 through 2035.''.
(b) Conforming Amendment.--The table of chapters at the
beginning of subtitle V of title 46, United States Code, is
amended by inserting before the item relating to chapter 533
the following new item:
``532. Cable Security Fleet.....................................53201''.
Subtitle C--Maritime SAFE Act
SEC. 3531. SHORT TITLES.
This subtitle may be cited as the ``Maritime Security and
Fisheries Enforcement Act'' or the ``Maritime SAFE Act''.
SEC. 3532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic
Identification System (as defined in section 164.46 of
title 33, Code of Federal Regulations, or a similar
successor regulation).
(2) Combined maritime forces.--The term ``Combined
Maritime Forces'' means the 33-nation naval
partnership, originally established in February 2002,
which promotes security, stability, and prosperity
across approximately 3,200,000 square miles of
international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified
by the President as being in the public
interest in a writing published in the Federal
Register, the term ``exclusive economic zone''
means--
(i) the area within a zone
established by a maritime boundary that
has been established by a treaty in
force or a treaty that is being
provisionally applied by the United
States; or
(ii) in the absence of a treaty
described in clause (i)--
(I) a zone, the outer
boundary of which is 200
nautical miles from the
baseline from which the breadth
of the territorial sea is
measured; or
(II) if the distance
between the United States and
another country is less than
400 nautical miles, a zone, the
outer boundary of which is
represented by a line
equidistant between the United
States and the other country.
(B) Inner boundary.--Without affecting any
Presidential Proclamation with regard to the
establishment of the United States territorial
sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States,
a line coterminous with the seaward
boundary of each such State (as
described in section 4 of the Submerged
Lands Act (43 U.S.C. 1312));
(ii) in the case of the
Commonwealth of Puerto Rico, a line
that is 3 marine leagues from the
coastline of the Commonwealth of Puerto
Rico;
(iii) in the case of American
Samoa, the United States Virgin
Islands, Guam, and the Northern Mariana
Islands, a line that is 3 geographic
miles from the coastlines of American
Samoa, the United States Virgin
Islands, Guam, or the Northern Mariana
Islands, respectively; or
(iv) for any possession of the
United States not referred to in clause
(ii) or (iii), the coastline of such
possession.
(C) Rule of construction.--Nothing in this
paragraph may be construed to diminish the
authority of the Department of Defense, the
Department of the Interior, or any other
Federal department or agency.
(4) Food security.--The term ``food security''
means access to, and availability, utilization, and
stability of, sufficient food to meet caloric and
nutritional needs for an active and healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term
``global record of fishing vessels, refrigerated
transport vessels, and supply vessels'' means the Food
and Agriculture Organization of the United Nations'
initiative to rapidly make available certified data
from state authorities about vessels and vessel related
activities.
(6) IUU fishing.--The term ``IUU fishing'' means
illegal fishing, unreported fishing, or unregulated
fishing (as such terms are defined in paragraph 3 of
the International Plan of Action to Prevent, Deter, and
Eliminate Illegal, Unreported and Unregulated Fishing,
adopted at the 24th Session of the Committee on
Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port
State Measures Agreement'' means the Agreement on Port
State Measures to Prevent, Deter, and Eliminate
Illegal, Unreported, and Unregulated Fishing set forth
by the Food and Agriculture Organization of the United
Nations, done at Rome, Italy November 22, 2009, and
entered into force June 5, 2016, which offers standards
for reporting and inspecting fishing activities of
foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag
state'' means a country selected in accordance with
section 3552 (b)(3)--
(A) whereby the flagged vessels of which
actively engage in, knowingly profit from, or
are complicit in IUU fishing; and
(B) that is willing, but lacks the
capacity, to monitor or take effective
enforcement action against its fleet.
(9) Priority region.--The term ``priority region''
means a region selected in accordance with section 3552
(b)(2)--
(A) that is at high risk for IUU fishing
activity or the entry of illegally caught
seafood into the markets of countries in the
region; and
(B) in which countries lack the capacity to
fully address the illegal activity described in
subparagraph (A).
(10) Regional fisheries management organization.--
The term ``Regional Fisheries Management Organization''
means an intergovernmental fisheries organization or
arrangement, as appropriate, that has the competence to
establish conservation and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks,
crustaceans, and all other forms of marine
animal and plant life, including those grown,
produced, or reared through marine aquaculture
operations or techniques; and
(B) does not include marine mammals,
turtles, or birds.
(12) Transnational organized illegal activity.--The
term ``transnational organized illegal activity'' means
criminal activity conducted by self-perpetuating
associations of individuals who operate transnationally
for the purpose of obtaining power, influence, or
monetary or commercial gains, wholly or in part by
illegal means, while protecting their activities
through a pattern of corruption or violence or through
a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment''
means the use of refrigerated vessels that--
(A) collect catch from multiple fishing
boats;
(B) carry the accumulated catches back to
port; and
(C) deliver supplies to fishing boats,
which allows fishing vessels to remain at sea
for extended periods without coming into port.
SEC. 3533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach
across the Federal Government to counter IUU fishing
and related threats to maritime security;
(2) to improve data sharing that enhances
surveillance, enforcement, and prosecution against IUU
fishing and related activities at a global level;
(3) to support coordination and collaboration to
counter IUU fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries
management and food security;
(5) to improve global enforcement operations
against IUU fishing through a whole-of-government
approach by the United States; and
(6) to prevent the use of IUU fishing as a
financing source for transnational organized groups
that undermine United States and global security
interests.
SEC. 3534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in
seafood and seafood products derived from IUU fishing,
including its links to forced labor and transnational
organized illegal activity;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to
counter IUU fishing;
(3) to provide technical assistance to countries in
priority regions and priority flag states to combat IUU
fishing, including assistance--
(A) to increase local, national, and
regional level capacities to counter IUU
fishing through the engagement of law
enforcement and security forces;
(B) to enhance port capacity and security,
including by supporting other countries in
working toward the adoption and implementation
of the Port State Measures Agreement;
(C) to combat corruption and increase
transparency and traceability in fisheries
management and trade;
(D) to enhance information sharing within
and across governments and multilateral
organizations through the development and use
of agreed standards for information sharing;
and
(E) to support effective, science-based
fisheries management regimes that promote legal
and safe fisheries and act as a deterrent to
IUU fishing;
(4) to promote global maritime security through
improved capacity and technological assistance to
support improved maritime domain awareness;
(5) to engage with priority flag states to
encourage the use of high quality vessel tracking
technologies where existing enforcement tools are
lacking;
(6) to engage with multilateral organizations
working on fisheries issues, including Regional
Fisheries Management Organizations and the Food and
Agriculture Organization of the United Nations, to
combat and deter IUU fishing;
(7) to advance information sharing across
governments and multilateral organizations in areas
that cross multiple jurisdictions, through the
development and use of an agreed standard for
information sharing;
(8) to continue to use existing and future trade
agreements to combat IUU fishing;
(9) to employ appropriate assets and resources of
the United States Government in a coordinated manner to
disrupt the illicit networks involved in IUU fishing;
(10) to continue to declassify and make available,
as appropriate and practicable, technologies developed
by the United States Government that can be used to
help counter IUU fishing;
(11) to recognize the ties of IUU fishing to
transnational organized illegal activity, including
human trafficking and illegal trade in narcotics and
arms, and as applicable, to focus on illicit activity
in a coordinated, cross-cutting manner;
(12) to recognize and respond to poor working
conditions, labor abuses, and other violent crimes in
the fishing industry;
(13) to increase and improve global transparency
and traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries
management and food security; and
(14) to promote technological investment and
innovation to combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in consultation with the Secretary
of Commerce, shall coordinate with Regional Fisheries
Management Organizations and the Food and Agriculture
Organization of the United Nations, and may coordinate with
other relevant international governmental or nongovernmental
organizations, or the private sector, as appropriate, to
enhance regional responses to IUU fishing and related
transnational organized illegal activities.
SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES.
Not later than 1 year after the date of the enactment of
this title, each chief of mission (as defined in section 102 of
the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a relevant
country in a priority region or to a priority flag state may,
if the Secretary of State determines such action is
appropriate--
(1) convene a working group, led by Department of
State officials, to examine IUU fishing, which may
include stakeholders such as--
(A) United States officials from relevant
agencies participating in the interagency
Working Group identified in section 3551,
foreign officials, nongovernmental
organizations, the private sector, and
representatives of local fishermen in the
region; and
(B) experts on IUU fishing, law
enforcement, criminal justice, transnational
organized illegal activity, defense,
intelligence, vessel movement monitoring, and
international development operating in or with
knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator
from among existing personnel at the mission if the
chief of mission determines such action is appropriate.
SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT
WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in consultation
with the Secretary of Commerce and the Commandant of the Coast
Guard when the Coast Guard is not operating as a service in the
Department of the Navy, as well as any other relevant
department or agency, shall provide assistance, as appropriate,
in accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--
The officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to
countries in priority regions and priority flag states to
improve the effectiveness of IUU fishing enforcement, with
clear and measurable targets and indicators of success,
including--
(1) by assessing and using existing resources,
enforcement tools, and legal authorities to coordinate
efforts to combat IUU fishing with efforts to combat
other illegal trade, including weapons, drugs, and
human trafficking;
(2) by expanding existing IUU fishing enforcement
training;
(3) by providing targeted, country- and region-
specific training on combating IUU fishing, including
in those countries that have not adopted the Port State
Measures Agreement;
(4) by supporting increased effectiveness and
transparency of the fisheries enforcement sectors of
the governments of such countries; and
(5) by supporting increased outreach to
stakeholders in the affected communities as key
partners in combating and prosecuting IUU fishing.
(c) Implementation of Port State Measures.--The officials
referred to in subsection (a) shall evaluate opportunities to
provide assistance, as appropriate, to countries in priority
regions and priority flag states to help those states implement
programs related to port security and capacity for the purposes
of preventing IUU fishing products from entering the global
seafood market, including by supporting other countries in
working toward the adoption and implementation of the Port
State Measures Agreement.
(d) Capacity Building for Investigations and
Prosecutions.--The officials referred to in subsection (a), in
collaboration with the governments of countries in priority
regions and of priority flag states, shall evaluate
opportunities to assist those countries in designing and
implementing programs in such countries, as appropriate, to
increase the capacity of IUU fishing enforcement and customs
and border security officers to improve their ability--
(1) to conduct effective investigations, including
using law enforcement techniques such as undercover
investigations and the development of informer networks
and actionable intelligence;
(2) to conduct vessel boardings and inspections at
sea and associated enforcement actions;
(3) to exercise existing shiprider agreements and
to enter into and implement new shiprider agreements,
as appropriate, including in those countries that have
not adopted the Port State Measures Agreement;
(4) to conduct vessel inspections at port and
associated enforcement actions;
(5) to assess technology needs and promote the use
of technology to improve monitoring, enforcement, and
prosecution of IUU fishing;
(6) to conduct DNA-based and forensic
identification of seafood used in trade;
(7) to conduct training on techniques, such as
collecting electronic evidence and using computer
forensics, for law enforcement personnel involved in
complex investigations related to international
matters, financial issues, and government corruption
that include IUU fishing;
(8) to assess financial flows and the use of
financial institutions to launder profits related to
IUU fishing;
(9) to conduct training on the legal mechanisms
that can be used to prosecute those identified in the
investigations as alleged perpetrators of IUU fishing
and other associated crimes such as trafficking and
forced labor; and
(10) to conduct training to raise awareness of the
use of whistleblower information and ways to
incentivize whistleblowers to come forward with
original information related to IUU fishing.
(e) Capacity Building for Information Sharing.--The
officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to key
countries in priority regions and priority flag states in the
form of training, equipment, and systems development to build
capacity for information sharing related to maritime
enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The
Secretary of State shall coordinate, as appropriate, with the
Secretary of Commerce, the Commandant of the Coast Guard when
the Coast Guard is not operating as a service in the Department
of the Navy, and with other relevant Federal agencies in
accordance with this section.
SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING.
(a) Mechanisms to Combat IUU Fishing.--The Secretary of
State, the Administrator of the United States Agency for
International Development, the Secretary of the Department in
which the Coast Guard is operating when it is not operating as
a service in the Department of the Navy, the Secretary of
Defense, the Secretary of Commerce, the Attorney General, and
the heads of other appropriate Federal agencies shall assess
opportunities to combat IUU fishing by expanding, as
appropriate, the use of the following mechanisms:
(1) Including counter-IUU fishing in existing
shiprider agreements in which the United States is a
party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and
countries in priority regions with which the United
States does not already have such an agreement.
(3) Including counter-IUU fishing as part of the
mission of the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the
annual at-sea exercises conducted by the Department of
Defense, in coordination with the United States Coast
Guard.
(5) Creating partnerships similar to the Oceania
Maritime Security Initiative and the Africa Maritime
Law Enforcement Partnership in other priority regions.
(b) Information Sharing.--The Director of National
Intelligence, in conjunction with other agencies, as
appropriate, shall develop an enterprise approach to
appropriately share information and data within the United
States Government or with other countries or nongovernmental
organizations, or the private sector, as appropriate, on IUU
fishing and other connected transnational organized illegal
activity occurring in priority regions and elsewhere, including
big data analytics and machine learning.
SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating when it is
not operating as a service in the Department of the Navy, the
Secretary of Commerce, and the heads of other Federal agencies,
if merited, shall work, as appropriate, with priority flag
states and key countries in priority regions--
(1) to increase knowledge within such countries
about the United States transparency and traceability
standards for imports of seafood and seafood products;
(2) to improve the capacity of seafood industries
within such countries through information sharing and
training to meet the requirements of transparency and
traceability standards for seafood and seafood product
imports, including catch documentation and trade
tracking programs adopted by relevant regional
fisheries management organizations; and
(3) to improve the capacities of government,
industry, and civil society groups to develop and
implement comprehensive traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness.
SEC. 3546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Secretary of
the Department in which the Coast Guard is operating when it is
not operating as a service in the Department of the Navy, the
Secretary of Defense, the Secretary of Commerce, and the heads
of other Federal agencies, if merited, shall pursue programs,
as appropriate, to expand the role of technology for combating
IUU fishing, including by--
(1) promoting the use of technology to combat IUU
fishing;
(2) assessing the technology needs, including
vessel tracking technologies and data sharing, in
priority regions and priority flag states;
(3) engaging with priority flag states to encourage
the mandated use of vessel tracking technologies,
including vessel monitoring systems, AIS, or other
vessel movement monitoring technologies on fishing
vessels and transshipment vessels at all times, as
appropriate, while at sea as a means to identify IUU
fishing activities and the shipment of illegally caught
fish products; and
(4) building partnerships with the private sector,
including universities, nonprofit research
organizations, the seafood industry, and the
technology, transportation and logistics sectors, to
leverage new and existing technologies and data
analytics to address IUU fishing.
SEC. 3547. SAVINGS CLAUSE.
No provision of section 3532 or of this part shall impose,
or be interpreted to impose, any duty, responsibility,
requirement, or obligation on the Department of Defense, the
Department of the Navy, the United States Coast Guard when
operating as a service in the Department of Homeland Security,
or any official or component of either.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU fishing
(referred to in this subtitle as the ``Working Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Secretary
of the Department in which the Coast Guard is
operating, acting through the Commandant of the Coast
Guard, the Secretary of State, and the National
Oceanographic and Atmospheric Administration, acting
through the Administrator, on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by
their respective agency heads and shall be from a
different Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric
Administration;
(3) 12 members, who shall be appointed by their
respective agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for
International Development;
(D) the United States Fish and Wildlife
Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs
Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence
community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), who shall be
appointed by the Director of National Intelligence; and
(5) 5 members, who shall be appointed by the
President, from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology
Policy; and
(E) the Office of the United States Trade
Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies
to identify, interdict, investigate, prosecute, and
dismantle IUU fishing operations and organizations
perpetrating and knowingly benefitting from IUU
fishing;
(2) assessing areas for increased interagency
information sharing on matters related to IUU fishing
and related crimes;
(3) establishing standards for information sharing
related to maritime enforcement;
(4) developing a strategy to determine how military
assets and intelligence can contribute to enforcement
strategies to combat IUU fishing;
(5) increasing maritime domain awareness relating
to IUU fishing and related crimes and developing a
strategy to leverage awareness for enhanced enforcement
and prosecution actions against IUU fishing;
(6) supporting the adoption and implementation of
the Port State Measures Agreement in relevant countries
and assessing the capacity and training needs in such
countries;
(7) outlining a strategy to coordinate, increase,
and use shiprider agreements between the Department of
Defense or the Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments
to combat IUU fishing;
(9) identifying opportunities for increased
information sharing between Federal agencies and
partner governments working to combat IUU fishing;
(10) consulting and coordinating with the seafood
industry and nongovernmental stakeholders that work to
combat IUU fishing;
(11) supporting the work of collaborative
international initiatives to make available certified
data from state authorities about vessel and vessel-
related activities related to IUU fishing;
(12) supporting the identification and
certification procedures to address IUU fishing in
accordance with the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826d et seq.);
and
(13) publishing annual reports summarizing
nonsensitive information about the Working Group's
efforts to investigate, enforce, and prosecute groups
and individuals engaging in IUU fishing.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, the Committee on Natural Resources of the
House of Representatives, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on
Appropriations of the House of Representatives a 5-year
integrated strategic plan on combating IUU fishing and
enhancing maritime security, including specific strategies with
monitoring benchmarks for addressing IUU fishing in priority
regions.
(b) Identification of Priority Regions and Priority Flag
States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and
priority flag states to be the focus of assistance
coordinated by the Working Group under section 3551.
(2) Priority region selection criteria.--In
selecting priority regions under paragraph (1), the
Working Group shall select regions that--
(A) are at high risk for IUU fishing
activity or the entry of illegally caught
seafood into their markets; and
(B) lack the capacity to fully address the
issues described in subparagraph (A).
(3) Priority flag states selection criteria.--In
selecting priority flag states under paragraph (1), the
Working Group shall select countries--
(A) the flagged vessels of which actively
engage in, knowingly profit from, or are
complicit in IUU fishing; and
(B) that lack the capacity to police their
fleet.
SEC. 3553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 3552, and 5 years
after, the Working Group shall submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on the Judiciary of
the Senate, the Select Committee on Intelligence of the Senate,
the Committee on Agriculture, Nutrition, and Forestry of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that contains--
(1) a summary of global and regional trends in IUU
fishing;
(2) an assessment of the extent of the convergence
between transnational organized illegal activity,
including human trafficking and forced labor, and IUU
fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased
information sharing and recommendations regarding
harmonization of data collection and sharing;
(4) an assessment of assets, including military
assets and intelligence, which can be used for either
enforcement operations or strategies to combat IUU
fishing;
(5) summaries of the situational threats with
respect to IUU fishing in priority regions and an
assessment of the capacity of countries within such
regions to respond to those threats;
(6) an assessment of the progress of countries in
priority regions in responding to those threats as a
result of assistance by the United States pursuant to
the strategic plan developed under section 3552,
including--
(A) the identification of--
(i) relevant supply routes, ports
of call, methods of landing and
entering illegally caught product into
legal supply chains, and financial
institutions used in each country by
participants engaging in IUU fishing;
and
(ii) indicators of IUU fishing that
are related to money laundering;
(B) an assessment of the adherence to, or
progress toward adoption of, international
treaties related to IUU fishing, including the
Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by
countries in priority regions of seafood
traceability or capacity to apply traceability
to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of
countries in priority regions to implement
shiprider agreements;
(E) an assessment of the capacity of
countries in priority regions to increase
maritime domain awareness; and
(F) an assessment of the capacity of
governments of relevant countries in priority
regions to sustain the programs for which the
United States has provided assistance under
this subtitle;
(7) an assessment of the capacity of priority flag
states to track the movement of and police their fleet,
prevent their flagged vessels from engaging in IUU
fishing, and enforce applicable laws and regulations;
and
(8) an assessment of the extent of involvement in
IUU fishing of organizations designated as foreign
terrorist organizations under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Administrator of the National
Oceanic and Atmospheric Administration, in coordination with
the Commandant of the Coast Guard and the Secretary of State,
shall establish a subworking group to address IUU fishing in
the exclusive economic zone of the United States in the Gulf of
Mexico.
(b) Functions.--The subworking group established under
subsection (a) shall identify--
(1) Federal actions taken and policies established
during the 5-year period immediately preceding the date
of the enactment of this title with respect to IUU
fishing in the exclusive economic zone of the United
States in the Gulf of Mexico, including such actions
and policies related to--
(A) the surveillance, interdiction, and
prosecution of any foreign nationals engaged in
such fishing; and
(B) the application of the provisions of
the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826d et seq.) to any
relevant nation, including the status of any
past or ongoing consultations and certification
procedures;
(2) actions and policies, in addition to the
actions and policies described in paragraph (1), each
of the Federal agencies described in subsection (a) can
take, using existing resources, to combat IUU fishing
in the exclusive economic zone of the United States in
the Gulf of Mexico; and
(3) any additional authorities that could assist
each such agency in more effectively addressing such
IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing
Subworking Group is established under subsection (a), the group
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Natural Resources of the
House of Representatives that contains--
(1) the findings identified pursuant to subsection
(b); and
(2) a timeline for each of the Federal agencies
described in subsection (a) to implement each action or
policy identified pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 3561. FINDING.
Congress finds that human trafficking, including forced
labor, is a pervasive problem in the catching and processing of
certain seafood products imported into the United States,
particularly seafood products obtained through illegal,
unreported, and unregulated fishing.
SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK
FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by
inserting ``the Secretary of Commerce,'' after ``the Secretary
of Education,''.
SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration shall jointly submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Foreign Relations of the Senate, the Committee on
Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that describes the existence of human trafficking, including
forced labor, in the supply chains of seafood products imported
into the United States.
(b) Report Elements.--The report required under subsection
(a) shall include--
(1) a list of the countries at risk for human
trafficking, including forced labor, in their seafood
catching and processing industries, and an assessment
of such risk for each listed country;
(2) a description of the quantity and economic
value of seafood products imported into the United
States from the countries on the list compiled pursuant
to paragraph (1);
(3) a description and assessment of the methods, if
any, in the countries on the list compiled pursuant to
paragraph (1) to trace and account for the manner in
which seafood is caught;
(4) a description of domestic and international
enforcement mechanisms to deter illegal practices in
the catching of seafood in the countries on the list
compiled pursuant to paragraph (1); and
(5) such recommendations as the Secretary of State
and the Administrator of the National Oceanic and
Atmospheric Administration jointly consider appropriate
for administrative action to enhance and improve
actions against human trafficking, including forced
labor, in the catching and processing of seafood
products outside of United States waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this
subtitle shall be derived from amounts appropriated to the
relevant agencies and departments.
(b) No Increase in Contributions.--Nothing in this subtitle
shall be construed to authorize an increase in required or
voluntary contributions paid by the United States to any
multilateral or international organization.
SEC. 3572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of
this title, the head of each Federal agency receiving or
allocating funds to carry out activities under this subtitle
shall, to the greatest extent practicable, prepare and submit
to Congress a report that provides an accounting of all funds
made available under this subtitle to the Federal agency.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of a
dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may be
transferred or reprogrammed under a transfer or reprogramming
authority provided by another provision of this Act or by other
law. The transfer or reprogramming of an amount specified in
such funding tables shall not count against a ceiling on such
transfers or reprogrammings under section 1001 or section 1522
of this Act or any other provision of law, unless such transfer
or reprogramming would move funds between appropriation
accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need.... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,420
Unit cost growth. [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 6,100
AIRCRAFT SYSTEM
(TUAS).
Program reduction [-6,000]
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 798,785
IIIA REMAN.
Unjustified cost [-8,064]
growth.
009 AH-64 APACHE BLOCK 190,870 190,870
IIIA REMAN.
012 UH-60 BLACKHAWK M 1,411,540 1,397,740
MODEL (MYP).
Unit cost growth. [-13,800]
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
Advance [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 11,785
HELICOPTER MODS
(MYP).
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth...... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 8,983
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,671,475
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 71,800
Early to need.... [-32,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 186,084
Unit cost growth. [-7,200]
007 JOINT AIR-TO-GROUND 233,353 199,295
MSLS (JAGM).
Contract and [-34,058]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 138,405 138,405
SYSTEM SUMMARY.
009 TOW 2 SYSTEM SUMMARY. 114,340 107,958
Unit cost growth. [-6,382]
010 TOW 2 SYSTEM SUMMARY. 10,500 10,500
011 GUIDED MLRS ROCKET 797,213 767,213
(GMLRS).
Program [-30,000]
adjustment.
012 MLRS REDUCED RANGE 27,555 27,555
PRACTICE ROCKETS
(RRPR).
014 ARMY TACTICAL MSL SYS 209,842 170,013
(ATACMS)--SYS SUM.
Excess to need... [-39,829]
MODIFICATIONS
016 PATRIOT MODS......... 279,464 279,464
017 ATACMS MODS.......... 85,320 80,320
Unit cost growth. [-5,000]
018 GMLRS MOD............ 5,094 5,094
019 STINGER MODS......... 81,615 81,615
020 AVENGER MODS......... 14,107 14,107
021 ITAS/TOW MODS........ 3,469 3,469
022 MLRS MODS............ 39,019 39,019
023 HIMARS MODIFICATIONS. 12,483 12,483
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 26,444 26,444
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 10,593 10,593
TOTAL MISSILE 3,207,697 3,053,228
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 264,040 230,307
VEHICLE (AMPV).
Program reduction [-33,733]
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 144,387 393,587
Accelerate [249,200]
Stryker medium
caliber weapon
system--Army
unfunded priority.
004 STRYKER UPGRADE...... 550,000 522,962
Unit cost growth. [-27,038]
005 BRADLEY PROGRAM (MOD) 638,781 573,781
Program decrease. [-65,000]
006 M109 FOV 25,756 25,756
MODIFICATIONS.
007 PALADIN INTEGRATED 553,425 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 2,821 2,821
010 ASSAULT BREACHER 31,697 31,697
VEHICLE.
011 M88 FOV MODS......... 4,500 4,500
012 JOINT ASSAULT BRIDGE. 205,517 205,517
013 M1 ABRAMS TANK (MOD). 348,800 401,800
Test support [-7,000]
excess to need.
Vehicle [60,000]
protection system
for one armored
brigade.
014 ABRAMS UPGRADE 1,752,784 1,752,784
PROGRAM.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420
ANTI-PERSONNEL
WEAPONS.
017 GUN AUTOMATIC 30MM 20,000 5,042
M230.
Program reduction [-14,958]
019 MORTAR SYSTEMS....... 14,907 14,907
020 XM320 GRENADE 191 191
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 7,977 7,977
RIFLE.
022 COMPACT SEMI- 9,860 9,860
AUTOMATIC SNIPER
SYSTEM.
023 CARBINE.............. 30,331 30,331
024 SMALL ARMS--FIRE 8,060 0
CONTROL.
Late contract [-8,060]
award.
025 COMMON REMOTELY 24,007 24,007
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 6,174 6,174
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737
GUN MODS.
029 M777 MODS............ 2,367 2,367
030 M4 CARBINE MODS...... 17,595 17,595
033 M240 MEDIUM MACHINE 8,000 8,000
GUN MODS.
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
TOTAL 4,715,566 4,868,977
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 65,520
TYPES.
Prior-year [-3,429]
carryover.
002 CTG, 7.62MM, ALL 114,228 112,228
TYPES.
Prior-year [-2,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 17,807
TYPES.
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 65,337
Prior-year carry [-1,134]
over.
Program [-2,342]
adjustment.
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays.. [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 120,464
105MM AND 120MM, ALL
TYPES.
Unit cost growth. [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 268,022
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-3,580]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,239
CHARGES, ALL TYPES.
Contract delay... [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL 2,694,548 2,579,349
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay.. [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 95,185
TACTICAL TRUCK EXT
SERV.
Program increase. [64,344]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 143,933
PROGRAM.
Excess funding [-10,000]
for spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 33,674
NAVIGATION AND
TIMING.
Program [-7,400]
cancellation.
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 57,533
INFRASTRUCTURE (TSI).
Program reduction [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 488,026
SMALL FORM FIT (HMS).
SFAB technology [20,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 9,291
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 147,097
SECURITY (COMSEC).
Unit cost growth. [-13,802]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 31,770
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 159,009 159,009
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-32,500]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction [-3,200]
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,379
Insufficient [-76,225]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 256,567
PLATFORM (JBC-P).
Program [-9,100]
adjustment.
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay.... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 8,674
AND PAY SYSTEM-ARMY
(IPP.
Poor business [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease. [-5,000]
Unjustified [-5,000]
growth.
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 6,000
SYSTEM.
Program [-9,000]
duplication.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 10,302
TECHNOLOGIES.
Program reduction [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays.. [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 47,899
DETECTION SYSTEM
(HMDS).
Unjustified unit [-35,183]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,943
Unit cost growth. [-1,421]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program [-5,000]
adjustment.
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN- 50,458 50,458
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E.. 9,757 9,757
TOTAL OTHER 7,451,301 7,284,972
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,748,934 1,730,360
HORNET.
ECO and ancillary [-18,574]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,180
HORNET.
Excess engine [-3,948]
cost growth.
003 JOINT STRIKE FIGHTER 2,272,301 2,217,821
CV.
Target cost [-54,480]
savings.
004 JOINT STRIKE FIGHTER 339,053 339,053
CV.
005 JSF STOVL............ 1,342,035 1,266,301
Target cost [-75,734]
savings.
006 JSF STOVL............ 291,804 291,804
007 CH-53K (HEAVY LIFT).. 807,876 807,876
008 CH-53K (HEAVY LIFT).. 215,014 215,014
009 V-22 (MEDIUM LIFT)... 966,666 1,214,766
Program increase. [248,100]
010 V-22 (MEDIUM LIFT)... 27,104 27,104
011 H-1 UPGRADES (UH-1Y/ 62,003 53,003
AH-1Z).
Production line [-9,000]
shutdown excess
to need.
013 MH-60R (MYP)......... 894 894
014 P-8A POSEIDON........ 1,206,701 1,680,601
Line shutdown [-67,300]
costs early to
need.
Navy unfunded [541,200]
priority.
016 E-2D ADV HAWKEYE..... 744,484 900,284
Navy unfunded [173,000]
priority.
NRE excess cost [-17,200]
growth.
017 E-2D ADV HAWKEYE..... 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 261,160 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J.............. 240,840 221,904
Unit cost growth. [-18,936]
021 KC-130J.............. 66,061 66,061
022 F-5.................. 39,676 39,676
023 MQ-4 TRITON.......... 473,134 448,134
PGSE excess cost [-25,000]
growth.
024 MQ-4 TRITON.......... 20,139 20,139
025 MQ-8 UAV............. 44,957 44,957
026 STUASL0 UAV.......... 43,819 43,819
028 VH-92A EXECUTIVE HELO 658,067 647,351
Program reduction [-10,716]
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 44,470 39,170
Program reduction [-5,300]
030 AV-8 SERIES.......... 39,472 39,472
031 ADVERSARY............ 3,415 3,415
032 F-18 SERIES.......... 1,207,089 1,128,089
Early to need.... [-79,000]
033 H-53 SERIES.......... 68,385 68,385
034 MH-60 SERIES......... 149,797 147,297
NRE prior year [-2,500]
carryover (OSIP
018-12).
035 H-1 SERIES........... 114,059 114,059
036 EP-3 SERIES.......... 8,655 8,655
038 E-2 SERIES........... 117,059 117,059
039 TRAINER A/C SERIES... 5,616 5,616
040 C-2A................. 15,747 15,747
041 C-130 SERIES......... 122,671 116,786
B kit cost growth [-3,009]
(OSIP 019-14).
GFE excess growth [-2,876]
(OSIP 019-14).
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 167,216
Program reduction [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 152,839
Program decrease. [-10,000]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 41,437
055 P-8 SERIES........... 107,539 96,563
Increment 3 ECP 6 [-10,976]
early to need
(OSIP 006-18).
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 3,111
JAMMER (NGJ).
Program reduction [-3,112]
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 61,032
EO/IR turret [-5,250]
upgrades unit
cost growth (OSIP
004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,146,788
PARTS.
MQ-4 Triton [-20,000]
spares excess
growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 135,740
EQUIPMENT.
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,961,816
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,177,251
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 344,648
Unjustified [-42,082]
tooling and
facilitization
costs.
TACTICAL MISSILES
004 AMRAAM............... 224,502 201,502
Unit cost growth. [-23,000]
005 SIDEWINDER........... 119,456 117,404
Program reduction [-2,052]
007 STANDARD MISSILE..... 404,523 404,523
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 115,828
II.
Program reduction [-2,638]
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 18,521
Excess to need... [-1,479]
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 143,200
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 110,059
Production [-18,000]
support excess to
need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 2,500
MODS.
Early to need.... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 85,717
EQUIPMENT.
Insufficient [-23,710]
budget
justifcation.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 112,013
HAAWC cost growth [-7,440]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 13,607
WEAPONS.
Program reduction [-1,190]
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 44,126
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 14,585
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR 126,138 124,390
PARTS.
Program reduction [-1,748]
TOTAL WEAPONS 4,235,244 4,107,905
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 34,997
Fuze contract [-1,031]
delay and unit
cost growth.
002 JDAM................. 70,413 70,413
003 AIRBORNE ROCKETS, ALL 31,756 27,707
TYPES.
Unit cost growth. [-4,049]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,854
COUNTERMEASURES.
Unit cost growth. [-9,447]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 21,166
AMMUNITION.
MK187 mod 0 [-1,428]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 39,291
AMMUNITION.
CART 20MM [-200]
contract award
delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 52,088
AMMUNITION.
Underexecution [-25,968]
and schedule
delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL 981,314 892,291
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,821,907
SUBMARINE.
Submarine [123,000]
supplier
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,042,000
PROGRAM.
Basic [-20,000]
construction/
conversion excess
cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81
only to line 2X.
002A CARRIER REPLACEMENT 1,285,000
PROGRAM.
For CVN-81 only.. [1,285,000]
003 VIRGINIA CLASS 7,155,946 5,445,946
SUBMARINE.
Block V program [1,490,000]
increase.
SSN-812 program [-3,200,000]
decrease.
004 VIRGINIA CLASS 2,769,552 2,969,552
SUBMARINE ADVANCE
PROCUREMENT.
Advance [200,000]
Procurement in
support of a 10th
multi-year
procurement
contract ship
only.
005 CVN REFUELING 647,926 631,926
OVERHAULS.
CVN-74 RCOH [-16,000]
unjustified cost
growth.
006 CVN REFUELING 16,900
OVERHAULS ADVANCE
PROCUREMENT.
Restore CVN-75 [16,900]
RCOH.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,033,295
Basic [-66,000]
Construction
excess growth.
009 DDG-51 ADVANCE 224,028 484,028
PROCUREMENT.
Accelerate LLTM [260,000]
for FY21 Flight
III destroyers.
011 FFG-FRIGATE.......... 1,281,177 1,281,177
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 525,000
LPD-31 program [277,900]
increase.
Transfer from [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 0
PROCUREMENT.
Transfer to line [-247,100]
12.
015 LHA REPLACEMENT...... 650,000
LHA-9 program [650,000]
increase.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 981,215
019 TAO FLEET OILER 73,000 73,000
ADVANCE PROCUREMENT.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 705,721
Excess cost [-40,000]
growth.
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE 65,000
CONNECTOR.
Program increase. [65,000]
025 SERVICE CRAFT........ 56,289 81,789
Accelerate YP-703 [25,500]
Flight II.
028 COMPLETION OF PY 55,700 104,700
SHIPBUILDING
PROGRAMS.
UPL EPF-14 [49,000]
conversion.
TOTAL 23,783,710 23,590,052
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 31,561
HM&E.
Twisted rudder [-22]
installation
early to need.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 77,404
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 553,490
Aegis [-5,000]
modernization
testing excess to
need.
Combat system [-7,650]
ship
qualification
trials excess to
need.
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 79,563
Excess cost [-16,088]
growth.
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 44,895
EQUIPMENT.
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 25,297
Virginia class [-993]
unit cost growth.
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 462,749
Program decrease-- [-2,977]
unit cost growth.
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 11,854
EQUIPMENT.
SMALL BOATS
027 STANDARD BOATS....... 79,102 79,102
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 51,553
MODULES EQUIPMENT.
030 LCS MCM MISSION 197,129 134,157
MODULES.
Excess cost [-62,972]
growth.
031 LCS ASW MISSION 27,754 27,754
MODULES.
032 LCS SUW MISSION 26,566 26,566
MODULES.
033 LCS IN-SERVICE 84,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV... 40,547 10,647
Knifefish early [-29,900]
to need.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 356,953
EQUIPMENT.
Low cost [-10,015]
conformal array
contract delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............ 420,154 350,686
Block 3 kit early [-65,758]
to need.
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 [-1,410]
for USCG ship
forward fit
contract delays.
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 193,440
SSEE [-1,318]
modifications
kits unit cost
growth.
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 65,779
ACLS mod kits [-1,631]
installations
cost growth.
058 ID SYSTEMS........... 26,059 26,059
059 JOINT PRECISION 92,695 78,195
APPROACH AND LANDING
SYSTEM (.
Early to need.... [-14,500]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,427
DCGS-N increment [-361]
2 kit unit cost
discrepancy.
063 CANES................ 426,654 395,154
Program decrease. [-31,500]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 144,636
MILLION.
NGSSR early to [-23,800]
need.
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system
procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 122,380
AUTOMATION.
STACC cost growth [-15,481]
073 COMMUNICATIONS ITEMS 35,093 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,794
COMMUNICATION
EQUIPMENT.
Buoy shape [-8,849]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 82,148
TERMINAL (NMT).
Afloat ship kit [-4,055]
cost growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 260,644 310,644
UPL sonobuoy [50,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR............. 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 101,843
EQUIPMENT.
088 AIRCRAFT SUPPORT 145,601 135,211
EQUIPMENT.
Excess cost [-10,390]
growth.
089 ADVANCED ARRESTING 4,725 4,725
GEAR (AAG).
090 METEOROLOGICAL 14,687 12,407
EQUIPMENT.
ASOS upgrades [-2,280]
unit cost growth.
092 LEGACY AIRBORNE MCM.. 19,250 18,918
Modifications [-332]
unjustified
growth.
093 LAMPS EQUIPMENT...... 792 792
094 AVIATION SUPPORT 55,415 52,415
EQUIPMENT.
Contract delay... [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 268,304
EQUIPMENT.
Program increase. [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 143,678
SYSTEMS.
Excess cost [-4,869]
growth.
102 ASW SUPPORT EQUIPMENT 21,130 21,130
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE 41,962 41,962
DECOY SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 222,647
EQUIPMENT.
BFFT ship sets [-1,515]
excess to need.
LCS trainer [-9,013]
equipment early
to need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE 10,974 10,974
TRUCKS.
110 CONSTRUCTION & 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING 21,142 11,642
EQUIPMENT.
Contract delays.. [-9,500]
112 TACTICAL VEHICLES.... 33,432 33,432
114 POLLUTION CONTROL 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 53,467 53,467
MILLION.
116 PHYSICAL SECURITY 1,173 1,173
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 16,730 16,730
118 FIRST DESTINATION 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE 654,674 617,522
SUPPLY SYSTEMS.
Insufficient [-37,152]
budget
justification.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633
EQUIPMENT.
121 TRAINING AND 97,636 94,536
EDUCATION EQUIPMENT.
Excess growth.... [-3,100]
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,434
EQUIPMENT.
Prior year [-15,668]
underexecution.
123 MEDICAL SUPPORT 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES 16,905 16,905
SUPPORT EQUIPMENT.
127 C4ISR EQUIPMENT...... 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046
EQUIPMENT.
130 ENTERPRISE 56,899 56,899
INFORMATION
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares [-8,137]
early to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,302,099
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
002 AMPHIBIOUS COMBAT 317,935 313,131
VEHICLE 1.1.
Excess [-4,804]
engineering
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 82,424
MILLION (COMM &
ELEC).
Unit cost growth. [-29,700]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified [-2,500]
growth.
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,781
CONTROL SYSTEMS.
ECP small form [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL 3,090,449 2,989,541
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,566,409
Program increase. [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
Target cost [-190,750]
savings.
002 F-35................. 655,500 811,500
UPL Increase..... [156,000]
003 F-15E................ 1,050,000 985,500
Unjustified non- [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,198,529
Excess to need... [-36,000]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase. [392,000]
008 MC-130J.............. 871,207 857,607
Excess to need... [-13,600]
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,035
HELICOPTER.
Excess to need... [-8,200]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 147,500
Unit cost growth. [-13,500]
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 175,205
Unit cost growth. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 13,111
ADS-B ahead of [-9,000]
need.
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 70,027
025 F-15................. 481,073 467,767
ADCP unnecessary [-13,306]
due to F-15X.
026 F-16................. 234,782 309,782
Additional radars [75,000]
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 125,417
Not required [-23,630]
because of F-15X.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 5,213
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 37,341
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 106,896
Increase for U-2 [20,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop [55,000]
blade upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 122,616
Low cost mods [-1,000]
slow execution.
RPI installs..... [-875]
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line
88.
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 48,778
Increase for re- [20,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 799,230
PARTS.
F-35 spares...... [96,000]
Program decrease. [-30,000]
RQ-4............. [25,000]
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 15,348
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,222,035
CHARGES.
F-22 NGEN lab [-60,000]
excess.
NATO AWACS--Air [87,307]
Force requested
transfer from
line 56.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 7,500
MUNITION.
Unjustified [-7,500]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 118,860
MISSILE.
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 200,684
II.
Unit cost growth. [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 59,705
Air Force [8,874]
requested
transfer.
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 68,513
MISSILE (ALCM).
Air Force [-8,874]
requested
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 29,020
OF-SIGHT TERMINALS.
Unjustified [-5,000]
growth.
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 233,952
017 NUDET DETECTION 7,432 7,432
SYSTEM.
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 71,784
020 SPACE MODS........... 106,330 106,330
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SPACE PROCUREMENT,
AIR FORCE
SPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,409,383
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 133,268 115,068
APKWS Mk 66 [-18,200]
rocket motor
price adjustment.
CARTRIDGES
002 CARTRIDGES........... 140,449 140,449
BOMBS
003 PRACTICE BOMBS....... 29,313 29,313
004 GENERAL PURPOSE BOMBS 85,885 85,885
006 JOINT DIRECT ATTACK 1,066,224 1,034,224
MUNITION.
Tailkit unit cost [-32,000]
adjustment.
007 B61.................. 80,773 80,773
OTHER ITEMS
009 CAD/PAD.............. 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR 533 533
PARTS.
012 MODIFICATIONS........ 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677
$5,000,000.
FLARES
015 FLARES............... 36,116 36,116
FUZES
016 FUZES................ 1,734 1,734
SMALL ARMS
017 SMALL ARMS........... 37,496 37,496
TOTAL 1,667,961 1,617,761
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 34,616 34,616
VEHICLE.
003 CAP VEHICLES......... 1,040 3,567
Program increase-- [1,867]
communications.
Program increase-- [660]
vehicles.
004 CARGO AND UTILITY 23,133 23,133
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 32,027 32,027
VEHICLE.
006 SECURITY AND TACTICAL 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE 14,593 14,593
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 2,925
CLEANING EQU.
011 BASE MAINTENANCE 55,776 55,776
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 11,386 11,386
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058
EQUIPMENT.
IMAD unjustified [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL 3,063 3,063
SYSTEM--FIXED.
021 WEATHER OBSERVATION 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145
COMPLEX.
024 MISSION PLANNING 14,508 14,508
SYSTEMS.
026 INTEGRATED STRAT PLAN 9,901 9,901
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 178,361
SECURITY SYSTEM.
032 COMBAT TRAINING 233,993 261,993
RANGES.
Joint threat [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 42,118
SURVEILLANCE (WAS).
Program decrease. [-38,700]
035 C3 COUNTERMEASURES... 25,036 25,036
036 INTEGRATED PERSONNEL 20,900 0
AND PAY SYSTEM.
Poor agile [-20,900]
implementation.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 62,280
TRANSPT INFRAST
(BITI) WIRED.
Restoring [-7,250]
acquisition
accountability.
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 20,190 20,190
047 USSTRATCOM........... 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E 143,757 143,757
EQUIPMENT.
050 RADIO EQUIPMENT...... 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211
EQUIPMENT.
052 BASE COMM 43,123 43,123
INFRASTRUCTURE.
MODIFICATIONS
053 COMM ELECT MODS...... 14,500 14,500
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 50,634 50,634
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL 88,000 88,000
SECURITY STACKS
(JRSS).
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 388,543
Unit cost savings [-37,320]
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 565,374
SM-3 Block IB [-35,399]
multiyear unit
cost savings.
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 173,812
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 165,019
RFCM realignment [-8,400]
to RDAF FVL.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522
GROUND/SURFACE
SYSTEMS.
067 OTHER ITEMS <$5M..... 103,910 103,910
068 COMBATANT CRAFT 33,088 33,088
SYSTEMS.
069 SPECIAL PROGRAMS..... 63,467 63,467
070 TACTICAL VEHICLES.... 77,832 77,832
071 WARRIOR SYSTEMS <$5M. 298,480 298,480
072 COMBAT MISSION 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787
SURVEILLANCE
ACTIVITIES.
074 OPERATIONAL 8,175 8,175
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 282,532 282,532
ENHANCEMENTS.
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406
SITUATIONAL
AWARENESS.
077 CB PROTECTION & 188,188 183,618
HAZARD MITIGATION.
Unjustified [-4,570]
growth.
TOTAL 5,114,416 5,028,727
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,200]
TOTAL JOINT 99,200 0
URGENT
OPERATIONAL
NEEDS FUND.
TOTAL 132,343,701 133,100,265
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 49,450
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 381,541
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 336,500
Excess to need... [-11,500]
TOTAL MISSILE 1,438,058 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPONS.
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 20,482
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 55,800
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 39,984
(BDS).
Unjustified [-7,126]
growth.
126 CBRN DEFENSE......... 18,711 17,461
Unit cost [-1,250]
discrepancies.
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 4,884 4,884
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE 4,500 3,655
DETECTN SYSM
(GSTAMIDS).
Program reduction [-845]
135 HUSKY MOUNTED 34,253 28,071
DETECTION SYSTEM
(HMDS).
Program reduction [-6,182]
136 ROBOTIC COMBAT 3,300 3,300
SUPPORT SYSTEM
(RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 8 8
145 PERSONNEL RECOVERY 5,101 5,101
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 1,760 1,760
148 FORCE PROVIDER....... 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 2,735 2,735
MEDICAL.
CONSTRUCTION
EQUIPMENT
159 SCRAPERS, EARTHMOVING 4,669 4,669
160 LOADERS.............. 380 380
162 TRACTOR, FULL TRACKED 8,225 8,225
164 HIGH MOBILITY 3,000 3,000
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395
TEST EQUIPMENT
(IFTE).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 24,122 24,122
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN- 33,354 33,354
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 62,654 62,654
RELOCATABLE.
TOTAL OTHER 1,131,450 1,076,047
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV.......... 7,921 7,921
027 MQ-9A REAPER......... 77,000 77,000
MODIFICATION OF
AIRCRAFT
036 EP-3 SERIES.......... 5,488 5,488
046 SPECIAL PROJECT 3,498 3,498
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 3,406 3,406
053 COMMON DEFENSIVE 3,274 3,274
WEAPON SYSTEM.
062 QRC.................. 18,458 18,458
TOTAL AIRCRAFT 119,045 119,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND 90,966 90,966
MISSILE (JAGM).
015 AERIAL TARGETS....... 6,500 6,500
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 46,380
Program decrease. [-5,000]
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
051 MC-12................ 5,000 5,000
052 MH-60 BLACKHAWK...... 28,100 28,100
054 UNMANNED ISR......... 8,207 8,207
056 U-28................. 31,500 31,500
057 MH-47 CHINOOK........ 37,500 37,500
059 MQ-9 UNMANNED AERIAL 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 16,500 16,500
067 OTHER ITEMS <$5M..... 28 28
070 TACTICAL VEHICLES.... 2,990 2,990
071 WARRIOR SYSTEMS <$5M. 37,512 37,512
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 265,000
Program increase. [265,000]
TOTAL NATIONAL GUARD 265,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,881,155
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OTHER PROCUREMENT,
NAVY
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 0 233,000
EQUIPMENT.
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, 233,000
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135............... 0 204,448
Equipment [204,448]
replacement.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000
SUPPORT EQUIP.
Equipment [46,000]
replacement.
TOTAL AIRCRAFT 0 250,448
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994
VEHICLES.
Equipment [994]
replacement.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126
VEHICLES.
Equipment [126]
replacement.
SPECIAL PURPOSE
VEHICLES
007 SPECIAL PURPOSE 0 306
VEHICLES.
Equipment [306]
replacement.
FIRE FIGHTING
EQUIPMENT
009 MATERIALS HANDLING 0 276
VEHICLES.
Equipment [994]
replacement.
BASE MAINTENANCE
SUPPORT
011 BASE MAINTENANCE 0 2,400
SUPPORT VEHICLES.
Equipment [994]
replacement.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 0 49,434
EQUIPMENT.
Equipment [49,434]
replacement.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 0 29,438
Equipment [29,438]
replacement.
TOTAL OTHER 0 82,974
PROCUREMENT, AIR
FORCE.
TOTAL PROCUREMENT.... 0 566,422
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
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. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 307,976
.................................. Counter UAS University [5,000]
Research.
.................................. Cyber basic research.......... [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 75,858
.................................. Program increase.............. [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 95,164
CENTERS.
.................................. Program increase--artificial [5,000]
intelligence.
.................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 454,980 483,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 31,961
.................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 128,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................ [5,000]
.................................. UPL MDTF for INDOPACOM........ [3,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 54,199
.................................. Advanced materials [2,000]
manufacturing process.
.................................. Biopolymer structural [2,000]
materials.
.................................. Cellulose structural materials [5,000]
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics..... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 117,016
.................................. Next generation SAR small sat. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 86,327
TECHNOLOGY.
.................................. Composite tube and propulsion [10,000]
technology.
.................................. Novel printed armament [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
.................................. Program increase.............. [3,000]
018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771
020 0602213A C3I APPLIED CYBER................. 18,947 18,947
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY................ 99,155 108,955
.................................. Female warfighter performance [2,000]
research.
.................................. Musculoskeletal injury risk [4,800]
mitigation.
.................................. Program increase.............. [3,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 893,990 964,290
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468
TECHNOLOGY.
.................................. Improvement of combat helmet [5,000]
suspension systems.
.................................. Thermal mitigation [5,000]
technologies.
052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 35,593
.................................. 100 hour battery.............. [10,000]
.................................. Ground advanced technology for [5,000]
cold regions.
.................................. Lightweight protective and [3,000]
hardening materials.
.................................. Robotic construction research. [5,000]
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755
MODERNIZATION PROGRAM.
.................................. Program increase.............. [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 174,035
ADVANCED TECHNOLOGY.
.................................. Ground vehicle sustainment [4,000]
research.
.................................. Program increase--hydrogen [10,000]
fuel cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899
.................................. Underexecution................ [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 183,386
ADVANCED TECHNOLOGY.
.................................. Hypersonics research.......... [4,000]
.................................. Program increase missile [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 151,640
TECHNOLOGY.
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613
TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,192,564
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 18,987
INTEGRATION.
.................................. Conventional mission [8,000]
capabilities.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915
DEV.
077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146
078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656
DEV.
079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 34,890
SYSTEM--ADV DEV.
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 222,791
DEVELOPMENT.
.................................. IVAS insufficient [-28,220]
justification.
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 534,890
.................................. Program increase: Future long- [75,600]
range assault aircraft.
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 88,222
.................................. Early to need................. [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 35,745
SYSTEM (FTUAS).
.................................. Program adjustment............ [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 379,772
(LTAMD) SENSOR.
.................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail.. [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,400
(M-SHORAD).
.................................. Excess testing cost........... [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 103,331
DEVELOPMENT & PROTOTYPING.
.................................. Early to need................. [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS).......... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 389,610
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
.................................. UPL accelerate Hypersonic [130,610]
Weapons System.
102 0604403A FUTURE INTERCEPTOR................ 8,000 0
.................................. Early to need................. [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 29,700
.................................. Early to need................. [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 10,000
.................................. Program decrease.............. [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation.......... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 104,996
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,920,460
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 106,121
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,055
.................................. Qualification testing early to [-1,842]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 2,965
.................................. Program reduction............. [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 293,964
(ASM)--ENG DEV.
.................................. Program delay................. [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
.................................. Insufficient justification [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 43,502
INTELLIGENCE--ENG DEV.
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000
(BAT).
.................................. PFAL excess................... [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,303
EVALUATION.
.................................. RCO support excess............ [-4,331]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226
ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137
HARDWARE & SOFTWARE.
.................................. CPI2 testing previously funded [-2,500]
136 0604820A RADAR DEVELOPMENT................. 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 46,683
SYSTEM (GFEBS).
138 0604823A FIREFINDER........................ 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 5,803
140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 118,698
SYSTEMS--EMD.
.................................. Program increase for vehicle [30,000]
active protection system
evaluation.
.................................. Program reduction............. [-10,000]
141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 15,832
142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 71,537
.................................. Historical underexecution..... [-10,000]
.................................. Program decrease.............. [-45,000]
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 92,073
SYSTEM-ARMY (IPPS-A).
.................................. Poor business process [-50,700]
reengineering.
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 92,130
(AMPV).
.................................. Program reduction............. [-4,600]
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 45,662
.................................. Contract delays............... [-10,000]
.................................. Excess growth................. [-6,600]
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 29,254
(LOW-TIER).
.................................. Excess growth................. [-6,400]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 236,428
CAPABILITY INC 2--BLOCK 1.
.................................. EMAM development ahead of need [-6,800]
161 0605053A GROUND ROBOTICS................... 41,308 28,508
.................................. Excess to requirement......... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 31,616
.................................. Testing and evaluation excess [-4,280]
growth.
.................................. Unjustified request........... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 193,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-15,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 228,400
.................................. Program decrease.............. [-150,000]
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 7,835
(MIP).
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,189,390
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 16,117
.................................. Cybersecurity threat [2,000]
simulation.
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 238,691
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 36,922
.................................. Program reduction............. [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 58,175
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 44,458
EFFECTIVENESS AND SAFETY.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625
SUPPORT.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 19,877
.................................. HIMARS excess growth.......... [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 168,371
PROGRAM.
.................................. Program reduction............. [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 0
PROGRAM.
.................................. Program reduction............. [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 21,130
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-3,091]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 25,516
PRODUCTS.
.................................. Program reduction............. [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request........... [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 63,630
.................................. Excess growth................. [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 290,545
PROGRAMS.
.................................. Early to need................. [-41,918]
.................................. Program support excess growth. [-2,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 192,746
IMPROVEMENTS.
.................................. Program reduction............. [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 13,778
IMPROVEMENT PROGRAMS.
.................................. Excess to need................ [-2,708]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 99,746
(AMD) SYSTEM.
.................................. Testing excess to need........ [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need........ [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 48,376
.................................. Program decrease.............. [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459
246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121
SYSTEMS.
250 0305232A RQ-11 UAV......................... 3,218 3,218
251 0305233A RQ-7 UAV.......................... 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 67,848
ACTIVITIES.
.................................. Nanoscale materials [3,000]
manufacturing.
.................................. Program increase--additive [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169
255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,819,164
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -159,662
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,192,771 11,857,473
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 146,850
.................................. Advanced radar research....... [5,000]
.................................. Cyber basic research.......... [10,000]
.................................. Defense University research [5,000]
initiatives.
.................................. Program increase.............. [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007
.................................. SUBTOTAL BASIC RESEARCH........ 605,978 635,978
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546
.................................. Hypersonic testing facilities. [7,000]
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 166,017
.................................. Carbon capture................ [8,000]
.................................. Electric propulsion research.. [2,500]
.................................. Energy resilience............. [5,000]
.................................. Energy resilience research.... [3,000]
.................................. Hybrid composite struct. res. [5,000]
enhanced mobility.
.................................. Navy power and energy systems [5,000]
technology.
.................................. Program increase.............. [10,000]
.................................. Test bed for autonomous ship [8,000]
systems.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604
TECHNOLOGY.
.................................. Interdisciplinary [5,000]
expeditionary cybersecurity
research.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 44,297
.................................. Coordinate space activities... [-5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 63,825
RESEARCH.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 74,075
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Resident autonomous undersea [7,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 936,453 1,006,953
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 65,138
.................................. Program increase.............. [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 150,330
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun....... [10,000]
.................................. Funds excess to requirements.. [-7,973]
.................................. Program increase.............. [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 769,237
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 38,643
.................................. Program increase for 1 REMUS [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 310,500
COUNTERMEASURES.
.................................. Reduce one LUSV............... [-86,500]
.................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 7,242
.................................. Excess sundown costs.......... [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 186,328
.................................. Program adjustment............ [-104,820]
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 120,046
DEVELOPMENT.
.................................. Program decrease.............. [-19,000]
.................................. Project 9710: Unjustified new [-9,710]
start.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 57,846
.................................. Future surface combatant [-24,000]
concept development.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 22,584
FEASIBILITY STUDIES.
.................................. Early to need................. [-46,500]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 155,408
.................................. Program increase.............. [5,000]
.................................. Surface combatant component- [125,000]
level prototyping.
048 0603576N CHALK EAGLE....................... 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251
051 0603595N OHIO REPLACEMENT.................. 419,051 434,051
.................................. Accelerate advanced propulsor [15,000]
development.
052 0603596N LCS MISSION MODULES............... 108,505 105,595
.................................. Available prior year funds due [-2,910]
to SUW MP testing delay.
053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 16,477
SYSTEM.
.................................. Insufficient justification and [-69,987]
contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514
.................................. Battery development and safety [13,000]
enterprise.
.................................. Marine energy systems for [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440
062 0603734N CHALK CORAL....................... 346,800 310,400
.................................. Insufficient budget [-36,400]
justification.
063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857
064 0603746N RETRACT MAPLE..................... 258,519 258,519
065 0603748N LINK PLUMERIA..................... 403,909 396,509
.................................. Insufficient budget [-7,400]
justification.
066 0603751N RETRACT ELM....................... 63,434 63,434
067 0603764N LINK EVERGREEN.................... 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456
(IRST).
.................................. Program delay................. [-1,000]
074 0604027N DIGITAL WARFARE OFFICE............ 50,120 25,120
.................................. Artificial intelligence [-10,000]
development operations
unjustified growth.
.................................. Program decrease.............. [-15,000]
075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527
VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197
AND DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 68,310
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 112,310
AIRCRAFT CARRIER (CVN 78--80).
.................................. Integrated digital [-9,000]
shipbuilding insufficient
budget justification.
080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,449
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................ [-9,897]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 13,420
.................................. Additive manufacturing [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 181,967
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 688,148
DEVELOPMENT PROGRAM.
.................................. Excess growth................. [-30,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,159,880
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 65,359
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 190,105
.................................. Increase reliability and [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 133,585
.................................. Unjustified cost growth....... [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request........... [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 448,261
.................................. Underexecution................ [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 90,922
INCREMENT II.
.................................. Program reduction............. [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 413,684
ENGINEERING.
.................................. Aegis development support [-1,941]
studies and analysis early to
need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 52,349
(AMDR) SYSTEM.
.................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 221,010
.................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 46,809
T&E.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 115,541
.................................. Excess to need................ [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................ [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 180,085
CONTROL).
.................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 121,630
KILL).
.................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 8,181
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 268,364
.................................. Program decrease.............. [-36,000]
.................................. Unjustified growth over FY19 [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 516,955
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 19,909
.................................. Expand development and use of [15,000]
composite materials.
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 657,098
.................................. UMCS excess to need........... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 18,393
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need................. [-2,201]
.................................. Excess growth................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,130,663
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908
179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265
.................................. Unjustified growth............ [-8,000]
192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750
196 0305327N INSIDER THREAT.................... 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 990,464 982,464
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302
203 0604840M F-35 C2D2......................... 422,881 422,881
204 0604840N F-35 C2D2......................... 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924
(CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 113,492
SUPPORT.
.................................. D5LE2 unjustified request..... [-44,184]
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174
211 0204136N F/A-18 SQUADRONS.................. 213,715 208,215
.................................. Block III support prior year [-7,500]
carryover.
.................................. Jet noise reduction research.. [2,000]
213 0204228N SURFACE SUPPORT................... 36,389 36,389
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 286,799
PLANNING CENTER (TMPC).
.................................. JMEWS schedule delays......... [-12,098]
.................................. Maritime strike schedule [-21,237]
delays.
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 103,382
.................................. Additional TRAPS units........ [15,000]
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931
(DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891
ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,434
SUPPORT.
.................................. Prior year carryover.......... [-19,891]
222 0205601N HARM IMPROVEMENT.................. 138,431 132,371
.................................. AARGM ER test schedule [-6,060]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP....................... 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 42,761
SUPPORT.
.................................. Airborne Power Generation Tech [5,000]
Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 39,029
MISSILE (AMRAAM).
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 185,446
.................................. IFC 5.0 concurrency........... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 4,989,429
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -114,870
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 20,270,499 19,674,604
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 163,859
.................................. Program increase.............. [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 529,761 534,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 152,851
.................................. Advanced materials high energy [4,000]
x-ray.
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Advanced thermal protection [5,000]
systems.
.................................. Program increase.............. [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 208,775
.................................. Educational partnership [5,000]
agreements for next generation
liquid propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 199,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
.................................. Quantum Information Science [8,000]
Innovation Center.
.................................. Quantum science............... [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH...... 1,435,626 1,487,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 202,949
.................................. Low cost attritable aircraft [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 128,973
TECHNOLOGY.
.................................. Advanced turbine engine gas [10,000]
generator.
.................................. Electrical power systems...... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 73,525
.................................. Strategic radiation hardened [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 66,116
.................................. Advanced materials and [7,000]
materials manufacturing.
.................................. Aerospace composites [10,000]
manufacturing.
.................................. Program increase.............. [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 985,153
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 878,442
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 576,000
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase.............. [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325
ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM........... 128,476 134,476
.................................. Rapid repair.................. [6,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 552,395
.................................. Program reduction............. [-40,000]
.................................. Technical adjustment for NC3.. [22,022]
050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000
(LAAR) SQUADRONS.
051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 955,000
.................................. Cost-risk associated with [-45,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290
(3DELRR).
053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 240,064
DEVELOPMENT.
.................................. Accelerate development of [13,600]
Cyber National Mission Force
capabilities.
.................................. ETERNALDARKNESS............... [7,100]
.................................. Joint Common Access Platform.. [20,500]
058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632
060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830
SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948
(USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660
.................................. Unjustified growth............ [-20,000]
064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 142,045
TRANSITIONS (SSPT).
067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 59,231
.................................. Unjustified growth............ [-5,000]
068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003
SERVICE (PTES).
070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 163,694
.................................. Unjustified growth............ [-10,000]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 23,742
.................................. Program decrease.............. [-10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 8,417,501
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 0
PROGRAMS.
.................................. Excess to need................ [-246,200]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 148,782
IMPROVEMENTS.
.................................. UPL M-Code Acceleration....... [81,000]
075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331
.................................. Prior-year carryover.......... [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 28,043
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 8,624
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 247,047
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............... 1 1
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 162,840
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............ [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth...... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 29,037
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 412,894
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 401,400
.................................. Prior year carryover.......... [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,395,278
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 5,000
INTEGRATION.
.................................. Accelerate integration of [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,703,744
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 219,663
.................................. Telemetry extension SATCOM [2,000]
relay.
.................................. UPL M-Code Acceleration....... [36,000]
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 717,895
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 19,942
DEVELOPMENT.
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 13,192
(SPACE).
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 26,097
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,916,571 2,954,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 33,611
(ABMS).
.................................. Program increase--sensor [8,000]
fusion and artificial
intelligence technology.
.................................. Unjustified request........... [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 128,961
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 41,271
.................................. Program delay................. [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 127,296
.................................. Program reduction............. [-27,700]
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 319,829
.................................. Unjustified F-15C requirements [-16,250]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 496,298
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281
187 0207247F AF TENCAP......................... 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL...................... 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 112,505
IMPROVEMENT PROGRAM.
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 114,864
(AOC).
193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 67,996
SYSTEM (AWACS).
195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217
200 0207452F DCAPES............................ 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE........................ 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303
207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465
208 0208007F TACTICAL DECEPTION................ 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702
219 0301025F GEOBASE........................... 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 42,623
CENTER (NAOC).
.................................. Unclear acquisition strategy.. [-27,550]
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 13,543
COMMUNICATIONS NETWORK (MEECN).
229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 15,881
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 150,880
(MDC2).
235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 85,167
.................................. Common development ahead of [-8,500]
need.
.................................. Program reduction............. [-9,000]
236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000
DVMT (IMAD).
.................................. Unjustified request........... [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................... 25,461 27,461
.................................. Commercial weather data pilot. [2,000]
244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651
LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................... 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546
250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858
ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 191,733
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 101,425
.................................. Contract award savings........ [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 177,388
(FAB-T).
.................................. FET schedule slip............. [-15,000]
.................................. Unjustified growth............ [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 61,891
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 72,762
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 99,070
.................................. Contract award delay.......... [-39,800]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 18,229,506
.................................. Classified reduction.......... [-122,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,501,388
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -350,100
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 45,938,122 45,584,744
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 68,874
.................................. DEPSCOR....................... [10,000]
.................................. Program increase.............. [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 102,074
.................................. Civics education grant program [2,000]
.................................. Submarine industrial base [8,000]
workforce training and
education.
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace research and [2,000]
education.
.................................. Program increase.............. [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 729,300 775,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 55,400
ADVANCEMENT OF S&T PRIORITIES.
.................................. Computer modeling of PFAS..... [2,000]
.................................. Excess growth................. [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 437,556
TECHNOLOGY.
.................................. Unjustified growth............ [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase.............. [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 25,118
.................................. Academic cyber institutes..... [10,000]
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 326,192
.................................. Unjustified growth............ [-6,000]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 174,096
DESTRUCTION APPLIED RESEARCH.
.................................. Unjustified growth............ [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH...... 2,049,458 2,049,158
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 75,517
SUPPORT.
.................................. Program increase.............. [5,000]
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 338,575
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Excess growth................. [-1,490]
029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208
ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY................ 10,000 0
.................................. MD72 program termination...... [-10,000]
031 0603180C ADVANCED RESEARCH................. 20,674 27,674
.................................. Advanced carbon-carbon [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773
DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 172,606
.................................. RSGS program delays........... [-30,000]
035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398
041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 30,000
.................................. Insufficient justification.... [-30,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 12,063
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 89,859
DEMONSTRATIONS.
.................................. Program reduction............. [-17,500]
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing........ [10,000]
.................................. Integrated silicon based [5,000]
lasers.
.................................. Program increase.............. [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157
PROGRAM.
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846
054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616
055 0603760E COMMAND, CONTROL AND 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 507,424
.................................. Unjustified increase.......... [-5,000]
057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 185,574
TECHNOLOGY.
.................................. Program increase to support [10,000]
NDS technologies.
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 25,000
NETWORK.
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 53,900
IMPROVEMENT.
.................................. Excess growth................. [-16,636]
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 20,000
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,673,462
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 68,572
CERTIFICATION PROGRAM.
.................................. ESTCP......................... [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 1,237,606
MIDCOURSE DEFENSE SEGMENT.
.................................. Common booster engineering [-15,000]
early to need.
.................................. Homeland Defense Radar-Hawaii [-30,400]
delay.
.................................. RKV cancellation--on demand [-13,500]
communications.
.................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 571,507
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 512,098
.................................. Classified unfunded priority.. [135,000]
080 0603892C AEGIS BMD......................... 727,479 699,479
.................................. Unjustified growth............ [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 562,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays....... [-1,500]
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 395,924
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 14,700
.................................. Program increase.............. [3,880]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 269,458
.................................. Cancel Neutral Particle Beam.. [-34,000]
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 10,000
.................................. Unjustified budget request-- [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,312,735
.................................. Hypervelocity Gun Weapon [80,000]
System.
.................................. Insufficient justification.... [-80,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 547,421
.................................. Trusted and assured [5,000]
microelectronics research.
098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 50,957
.................................. Uncoordinated prototyping [-50,000]
efforts.
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000
PROTOTYPING.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 173,598
(HDR-H).
.................................. Funding acceleration early to [-60,000]
need.
.................................. Radar foundation and thermal [-41,116]
control system early to need.
103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 272,363
INTERCEPTORS.
.................................. RKV Termination - transfer to [-140,000]
RD,DW 075 for SLEP program.
110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137
DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................... 169,822 169,822
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 105,530
TEST.
113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 98,139
MIDCOURSE SEGMENT TEST.
117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600
SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 55,000
PROTOTYPING.
.................................. Missile defense studies [-30,000]
realignment.
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565
SPACE PROGRAMS.
.................................. Hypersonic and Ballistic [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 275,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. NTTR and additional AF [100,000]
installation 5G network.
.................................. Program increase.............. [175,000]
.................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 10,015,041
DEVELOPMENT AND PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276
SECURITY EQUIPMENT RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 76,000
DEVELOPMENT.
.................................. Transfer to RDTE, Army Line [-31,000]
100.
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 374,047
PROGRAM--EMD.
.................................. Excess growth................. [-10,000]
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 40,102
DISTRIBUTION SYSTEM (JTIDS).
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 17,615
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 800,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 89,091
CAPABILITY (JMETC).
.................................. Cyber range development....... [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000
DEVELOPMENT SUPPORT.
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216
183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553
(IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014
OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 48,667
.................................. Unjustified growth............ [-10,000]
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,354,628 1,353,628
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 208,834
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 18,551
SUSTAINMENT SUPPORT.
.................................. Advanced systems manufacturing [5,000]
.................................. Rare earth element production. [3,500]
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734
DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 10,350
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
.................................. Excess growth................. [-4,450]
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023
(OPERATIONAL SYSTEMS DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 92,631
PROGRAM.
.................................. AI and Cyber Center of [25,000]
Excellence.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198
PROGRAM.
.................................. Realignment to DISA for [-1,882]
Sharkseer.
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678
PROGRAM.
.................................. Realignment for Sharkseer..... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218
219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400
ACTIVITIES.
232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301
233 0305199D8Z NET CENTRICITY.................... 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 262,995
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. UPL FVL realignment from RFCM. [8,400]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,304,648
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... 46,250
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,772,953 24,971,825
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & 221,200 221,200
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 103,395,545 102,309,846
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
................ Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000
DEFENSE (BUDGET
ACTIVITY 4).
................ SUBTOTAL 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713
PROGRAMS.
................ SUBTOTAL 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 128,248 128,248
DEVELOPMENT,
TEST & EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................ APPLIED RESEARCH
010 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT ADVANCED
STUDIES.
................ SUBTOTAL APPLIED 1,677 1,677
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
094 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
................ UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 6,000 6,000
261 1160434BB UNMANNED ISR.... 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199
PROGRAMS.
................ SUBTOTAL 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL RESEARCH, 401,950 401,950
DEVELOPMENT,
TEST & EVAL, DW.
................
................ TOTAL RDT&E..... 898,732 892,732
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY
REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ MANAGEMENT
SUPPORT
187 0605864N TEST AND 0 129,000
EVALUATION
SUPPORT.
................ Earthquake [129,000]
damage
recovery.
................ TOTAL RESEARCH, 0 129,000
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ MANAGEMENT
SUPPORT
128 0605807F TEST AND 0 14,436
EVALUATION
SUPPORT.
................ Earthquake [14,436]
damage
recovery.
138 0605976F FACILITIES 0 1,060
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
................ Earthquake [1,060]
damage
recovery.
................ TOTAL RESEARCH, 0 15,496
DEVELOPMENT,
TEST & EVAL, AF.
................
................ TOTAL RDT&E..... 0 144,496
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,735,922 1,398,674
Realignment to OCO........ [-260,548]
Unjustified growth........ [-76,700]
020 MODULAR SUPPORT BRIGADES...... 127,815 124,665
Unjustified growth........ [-3,150]
030 ECHELONS ABOVE BRIGADE........ 716,356 709,356
Unjustified growth........ [-7,000]
040 THEATER LEVEL ASSETS.......... 890,891 878,891
Unjustified growth........ [-12,000]
050 LAND FORCES OPERATIONS SUPPORT 1,232,477 1,222,977
Unjustified growth........ [-9,500]
060 AVIATION ASSETS............... 1,355,606 1,269,106
Excess to need............ [-86,500]
070 FORCE READINESS OPERATIONS 3,882,315 2,664,315
SUPPORT......................
Female personal protective [2,000]
equipment.................
Realignment to OCO........ [-1,100,000]
Unjustified growth........ [-120,000]
080 LAND FORCES SYSTEMS READINESS. 417,069 446,269
UPL MDTF INDOPACOM........ [29,200]
090 LAND FORCES DEPOT MAINTENANCE. 1,633,327 1,608,327
Unjustified growth........ [-25,000]
100 BASE OPERATIONS SUPPORT....... 8,047,933 8,002,933
Unjustified growth........ [-45,000]
110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 405,612 405,612
HEADQUARTERS.................
160 US AFRICA COMMAND............. 251,511 243,011
Unjustified growth........ [-8,500]
170 US EUROPEAN COMMAND........... 146,358 146,358
..............................
180 US SOUTHERN COMMAND........... 191,840 209,840
Multi-Mission Support [18,000]
Vessel....................
190 US FORCES KOREA............... 57,603 57,603
200 CYBERSPACE ACTIVITIES-- 423,156 423,156
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 551,185 551,185
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 26,393,816 24,689,118
MOBILIZATION
220 STRATEGIC MOBILITY............ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS..... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS....... 4,637 5,637
Advanced Manufacturing COE [1,000]
Tech Roadmapping..........
SUBTOTAL MOBILIZATION..... 748,156 749,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION........... 157,175 157,175
260 RECRUIT TRAINING.............. 55,739 55,739
270 ONE STATION UNIT TRAINING..... 62,300 62,300
280 SENIOR RESERVE OFFICERS 538,357 538,357
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 969,813 969,813
300 FLIGHT TRAINING............... 1,234,049 1,234,049
310 PROFESSIONAL DEVELOPMENT 218,338 218,338
EDUCATION....................
320 TRAINING SUPPORT.............. 554,659 552,659
Excess travel request..... [-2,000]
330 RECRUITING AND ADVERTISING.... 716,056 706,056
Unjustified growth for [-10,000]
recruiting................
340 EXAMINING..................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY 214,275 214,275
EDUCATION....................
360 CIVILIAN EDUCATION AND 147,647 147,647
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,812 173,812
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,227,254 5,215,254
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES..... 929,944 928,944
Excess personnel.......... [-1,000]
410 LOGISTIC SUPPORT ACTIVITIES... 629,981 629,981
420 AMMUNITION MANAGEMENT......... 458,771 451,771
Unjustified growth........ [-7,000]
430 ADMINISTRATION................ 428,768 418,768
Unjustified growth........ [-10,000]
440 SERVICEWIDE COMMUNICATIONS.... 1,512,736 1,472,736
Program decrease [-40,000]
unaccounted for...........
450 MANPOWER MANAGEMENT........... 272,738 272,738
460 OTHER PERSONNEL SUPPORT....... 391,869 361,869
Unjustified growth........ [-30,000]
470 OTHER SERVICE SUPPORT......... 1,901,165 1,881,165
Unjustified headquarters [-20,000]
growth....................
480 ARMY CLAIMS ACTIVITIES........ 198,765 191,265
Historical underexecution. [-7,500]
490 REAL ESTATE MANAGEMENT........ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT 315,489 292,489
READINESS....................
Program decrease [-23,000]
unaccounted for...........
510 INTERNATIONAL MILITARY 427,254 427,254
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 43,248 43,248
565 CLASSIFIED PROGRAMS........... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,504,758
ACTIVITIES................
TOTAL OPERATION & 42,012,484 40,158,286
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 11,927 11,927
020 ECHELONS ABOVE BRIGADE........ 533,015 533,015
030 THEATER LEVEL ASSETS.......... 119,517 118,101
Insufficient justification [-1,416]
040 LAND FORCES OPERATIONS SUPPORT 550,468 543,468
Insufficient justification [-7,000]
050 AVIATION ASSETS............... 86,670 85,170
Unjustified growth........ [-1,500]
060 FORCE READINESS OPERATIONS 390,061 388,661
SUPPORT......................
Excess civilian increase.. [-1,400]
070 LAND FORCES SYSTEMS READINESS. 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE. 48,503 48,503
090 BASE OPERATIONS SUPPORT....... 598,907 594,707
Insufficient justification [-4,200]
100 FACILITIES SUSTAINMENT, 444,376 444,376
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 22,095 22,095
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 3,288 3,288
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,655 7,655
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 2,918,372 2,902,856
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
140 SERVICEWIDE TRANSPORTATION.... 14,533 14,533
150 ADMINISTRATION................ 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS.... 14,304 14,304
170 MANPOWER MANAGEMENT........... 6,129 6,129
180 RECRUITING AND ADVERTISING.... 58,541 58,541
SUBTOTAL ADMIN & SRVWD 110,738 110,738
ACTIVITIES................
200 UNDISTRIBUTED................. -25,000
Overestimation of civilian [-25,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -25,000
TOTAL OPERATION & 3,029,110 2,988,594
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 805,671 775,671
Excess growth............. [-30,000]
020 MODULAR SUPPORT BRIGADES...... 195,334 193,334
Excess growth............. [-2,000]
030 ECHELONS ABOVE BRIGADE........ 771,048 770,548
Excess growth............. [-500]
040 THEATER LEVEL ASSETS.......... 94,726 94,226
Excess growth............. [-500]
050 LAND FORCES OPERATIONS SUPPORT 33,696 35,185
Program increase--advanced [1,489]
trauma training program...
060 AVIATION ASSETS............... 981,819 973,819
Insufficient justification [-8,000]
070 FORCE READINESS OPERATIONS 743,206 743,206
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE. 258,278 254,028
Insufficient justification [-4,250]
100 BASE OPERATIONS SUPPORT....... 1,153,076 1,133,076
Insufficient justification [-20,000]
110 FACILITIES SUSTAINMENT, 1,113,475 1,113,475
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,001,042 987,042
HEADQUARTERS.................
Insufficient justification [-14,000]
130 CYBERSPACE ACTIVITIES-- 8,448 8,448
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,768 7,768
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,218,550 7,140,789
210 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 9,890 9,890
160 ADMINISTRATION................ 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS.... 68,213 62,213
Program decrease [-6,000]
unaccounted for...........
180 MANPOWER MANAGEMENT........... 8,628 8,628
190 OTHER PERSONNEL SUPPORT....... 250,376 250,376
200 REAL ESTATE MANAGEMENT........ 2,676 2,676
SUBTOTAL ADMIN & SRVWD 410,853 404,853
ACTIVITIES................
TOTAL OPERATION & 7,629,403 7,525,642
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,309,109 4,659,109
OPERATIONS...................
Projected underexecution.. [-50,000]
Realignment to OCO........ [-600,000]
020 FLEET AIR TRAINING............ 2,284,828 2,249,828
Projected underexecution.. [-35,000]
030 AVIATION TECHNICAL DATA & 59,299 59,299
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 155,896 155,896
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE.... 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS 60,402 59,202
SUPPORT......................
Excess growth............. [-1,200]
080 AVIATION LOGISTICS............ 1,241,421 1,219,421
Projected underexecution.. [-22,000]
090 MISSION AND OTHER SHIP 4,097,262 3,547,262
OPERATIONS...................
Realignment to OCO........ [-450,000]
Unjustified growth........ [-100,000]
100 SHIP OPERATIONS SUPPORT & 1,031,792 1,029,792
TRAINING.....................
Excess civilian growth.... [-2,000]
110 SHIP DEPOT MAINTENANCE........ 8,061,298 8,714,298
Program increase.......... [653,000]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,073,641 2,066,141
Insufficient justification [-7,500]
130 COMBAT COMMUNICATIONS AND 1,378,856 1,364,856
ELECTRONIC WARFARE...........
Unjustified growth........ [-14,000]
140 SPACE SYSTEMS AND SURVEILLANCE 276,245 273,745
Unjustified growth........ [-2,500]
150 WARFARE TACTICS............... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND 389,516 389,516
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,536,310 1,126,310
Realignment to OCO........ [-400,000]
Unjustified growth........ [-10,000]
180 EQUIPMENT MAINTENANCE AND 161,579 161,579
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 59,521 59,521
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 93,978 98,978
MISSION SUPPORT..............
Posture site assessments [5,000]
INDOPACOM.................
210 MILITARY INFORMATION SUPPORT 8,641 8,641
OPERATIONS...................
220 CYBERSPACE ACTIVITIES......... 496,385 496,385
230 FLEET BALLISTIC MISSILE....... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE........... 924,069 895,032
Insufficient justification [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT.. 540,210 540,210
260 ENTERPRISE INFORMATION........ 1,131,627 1,111,627
Unjustified growth........ [-20,000]
270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES. 42,788,298 41,703,061
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 942,902 942,902
300 READY RESERVE FORCE........... 352,044 352,044
310 SHIP ACTIVATIONS/INACTIVATIONS 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597
SYSTEMS......................
330 COAST GUARD SUPPORT........... 24,604 24,604
SUBTOTAL MOBILIZATION..... 1,884,702 1,884,702
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 150,765 150,765
350 RECRUIT TRAINING.............. 11,584 11,584
360 RESERVE OFFICERS TRAINING 159,133 159,133
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 911,316 891,316
Insufficient justification [-20,000]
380 PROFESSIONAL DEVELOPMENT 185,211 186,261
EDUCATION....................
Program increase: Sea [1,050]
Cadets....................
390 TRAINING SUPPORT.............. 267,224 267,224
400 RECRUITING AND ADVERTISING.... 209,252 204,252
Insufficient justification [-5,000]
410 OFF-DUTY AND VOLUNTARY 88,902 88,902
EDUCATION....................
420 CIVILIAN EDUCATION AND 67,492 67,492
TRAINING.....................
430 JUNIOR ROTC................... 55,164 55,164
SUBTOTAL TRAINING AND 2,106,043 2,082,093
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,143,358 1,103,358
Unjustified growth........ [-40,000]
450 CIVILIAN MANPOWER AND 178,342 175,342
PERSONNEL MANAGEMENT.........
Excess civilian growth.... [-3,000]
460 MILITARY MANPOWER AND 418,413 418,413
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 157,465 157,465
510 PLANNING, ENGINEERING, AND 485,397 490,397
PROGRAM SUPPORT..............
REPO...................... [5,000]
520 ACQUISITION, LOGISTICS, AND 654,137 647,137
OVERSIGHT....................
Unjustified growth........ [-7,000]
530 INVESTIGATIVE AND SECURITY 718,061 718,061
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 591,535 591,535
SUBTOTAL ADMIN & SRVWD 4,346,708 4,301,708
ACTIVITIES................
UNDISTRIBUTED
650 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
TOTAL OPERATION & 51,125,751 49,951,564
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 968,224 727,224
Excess civilian growth.... [-1,000]
Realignment to OCO........ [-200,000]
Unjustified growth........ [-40,000]
020 FIELD LOGISTICS............... 1,278,533 1,064,533
Realignment to OCO........ [-200,000]
Unjustified growth........ [-14,000]
030 DEPOT MAINTENANCE............. 232,991 232,991
040 MARITIME PREPOSITIONING....... 100,396 100,396
050 CYBERSPACE ACTIVITIES......... 203,580 203,580
060 SUSTAINMENT, RESTORATION & 1,559,034 1,559,034
MODERNIZATION................
070 BASE OPERATING SUPPORT........ 2,253,776 2,223,776
Unjustified growth........ [-30,000]
SUBTOTAL OPERATING FORCES. 6,596,534 6,111,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 21,240 21,240
090 OFFICER ACQUISITION........... 1,168 1,168
100 SPECIALIZED SKILL TRAINING.... 106,601 106,601
110 PROFESSIONAL DEVELOPMENT 49,095 49,095
EDUCATION....................
120 TRAINING SUPPORT.............. 407,315 407,315
130 RECRUITING AND ADVERTISING.... 210,475 210,475
140 OFF-DUTY AND VOLUNTARY 42,810 42,810
EDUCATION....................
150 JUNIOR ROTC................... 25,183 25,183
SUBTOTAL TRAINING AND 863,887 863,887
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 29,894 29,894
170 ADMINISTRATION................ 384,352 384,352
225 CLASSIFIED PROGRAMS........... 52,057 52,057
SUBTOTAL ADMIN & SRVWD 466,303 466,303
ACTIVITIES................
TOTAL OPERATION & 7,926,724 7,441,724
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 654,220 629,220
OPERATIONS...................
Unjustified growth........ [-25,000]
020 INTERMEDIATE MAINTENANCE...... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE.... 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS 463 463
SUPPORT......................
050 AVIATION LOGISTICS............ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & 583 583
TRAINING.....................
070 COMBAT COMMUNICATIONS......... 17,883 17,883
080 COMBAT SUPPORT FORCES......... 128,079 128,079
090 CYBERSPACE ACTIVITIES......... 356 356
100 ENTERPRISE INFORMATION........ 26,133 26,133
110 SUSTAINMENT, RESTORATION AND 35,397 35,397
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 101,376 101,376
SUBTOTAL OPERATING FORCES. 1,107,507 1,082,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,888 1,888
140 MILITARY MANPOWER AND 12,778 12,778
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 2,943 2,943
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,609 17,609
ACTIVITIES................
TOTAL OPERATION & 1,125,116 1,100,116
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 106,484 106,484
020 DEPOT MAINTENANCE............. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND 47,516 47,516
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 106,073 106,073
SUBTOTAL OPERATING FORCES. 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 13,574 13,574
SUBTOTAL ADMIN & SRVWD 13,574 13,574
ACTIVITIES................
TOTAL OPERATION & 292,076 292,076
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 729,127 729,127
020 COMBAT ENHANCEMENT FORCES..... 1,318,770 918,770
Realignment to OCO........ [-400,000]
030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,446,790
MAINTAIN SKILLS).............
Unjustified growth........ [-40,000]
040 DEPOT PURCHASE EQUIPMENT 3,334,792 3,299,792
MAINTENANCE..................
Unjustified growth........ [-35,000]
050 FACILITIES SUSTAINMENT, 4,142,435 4,142,435
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT 8,329,364 8,347,364
AND SYSTEM SUPPORT...........
Expansion of Conditions [18,000]
Based Maintenance Plus
(CBM+)....................
080 FLYING HOUR PROGRAM........... 4,048,773 3,418,773
Realignment to OCO........ [-550,000]
Unjustified growth........ [-80,000]
090 BASE OPERATIONS SUPPORT....... 7,223,982 6,933,982
Insufficient justification [-90,000]
Realignment to OCO........ [-200,000]
100 GLOBAL C3I AND EARLY WARNING.. 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS. 1,032,307 1,026,161
Unjustified growth........ [-6,146]
120 CYBERSPACE ACTIVITIES......... 670,076 670,076
140 LAUNCH FACILITIES............. 179,980 179,980
150 SPACE CONTROL SYSTEMS......... 467,990 464,390
Insufficient justification [-3,600]
160 US NORTHCOM/NORAD............. 184,655 184,655
170 US STRATCOM................... 478,357 478,357
180 US CYBERCOM................... 323,121 347,921
Accelerate development of [1,500]
Cyber National Mission
Force capabilities........
Cyber National Mission [5,300]
Force mobile & modular
hunt forward kit..........
ETERNALDARKNESS........... [18,000]
190 US CENTCOM.................... 160,989 160,989
200 US SOCOM...................... 6,225 6,225
210 US TRANSCOM................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT 2,073 2,073
230 USSPACECOM.................... 70,588 70,588
235 CLASSIFIED PROGRAMS........... 1,322,944 1,316,694
Unjustified increase...... [-6,250]
SUBTOTAL OPERATING FORCES. 36,707,246 35,339,050
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,158,142 1,158,142
250 MOBILIZATION PREPAREDNESS..... 138,672 130,172
Unjustified growth........ [-8,500]
SUBTOTAL MOBILIZATION..... 1,296,814 1,288,314
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 130,835 130,835
270 RECRUIT TRAINING.............. 26,021 26,021
280 RESERVE OFFICERS TRAINING 121,391 121,391
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 454,539 414,539
Unjustified growth........ [-40,000]
300 FLIGHT TRAINING............... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT 282,788 282,788
EDUCATION....................
320 TRAINING SUPPORT.............. 123,988 113,988
Unjustified growth........ [-10,000]
330 RECRUITING AND ADVERTISING.... 167,731 162,731
Unjustified growth........ [-5,000]
340 EXAMINING..................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY 211,911 211,911
EDUCATION....................
360 CIVILIAN EDUCATION AND 219,021 219,021
TRAINING.....................
370 JUNIOR ROTC................... 62,092 62,092
SUBTOTAL TRAINING AND 2,405,458 2,350,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES.. 101,483 101,483
400 ADMINISTRATION................ 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS.... 152,532 122,532
Insufficient justification [-30,000]
420 OTHER SERVICEWIDE ACTIVITIES.. 1,254,089 1,204,089
Program decrease [-20,000]
unaccounted for...........
Remove one-time fiscal [-30,000]
year 2019 increase........
430 CIVIL AIR PATROL.............. 30,070 37,200
Improved emergency crew [7,130]
readiness.................
460 INTERNATIONAL SUPPORT......... 136,110 136,110
465 CLASSIFIED PROGRAMS........... 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD 4,501,314 4,428,444
ACTIVITIES................
TOTAL OPERATION & 44,910,832 43,406,266
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
UNDISTRIBUTED
010 BASE SUPPORT.................. 72,436 72,436
SUBTOTAL OPERATING FORCES. 72,436 72,436
TOTAL OPERATION & 72,436 72,436
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,781,413 1,756,413
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 209,650 204,150
Unjustified growth........ [-5,500]
030 DEPOT PURCHASE EQUIPMENT 494,235 484,235
MAINTENANCE..................
Excess growth............. [-10,000]
040 FACILITIES SUSTAINMENT, 128,746 128,746
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 256,512 256,512
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 414,626 414,626
070 CYBERSPACE ACTIVITIES......... 1,673 1,673
SUBTOTAL OPERATING FORCES. 3,286,855 3,246,355
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
UNDISTRIBUTED
080 ADMINISTRATION................ 69,436 69,436
090 RECRUITING AND ADVERTISING.... 22,124 22,124
100 MILITARY MANPOWER AND PERS 10,946 10,946
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,009 7,009
COMP)........................
120 AUDIOVISUAL................... 448 448
SUBTOTAL ADMINISTRATION 109,963 109,963
AND SERVICEWIDE ACTIVITIES
TOTAL OPERATION & 3,396,818 3,356,318
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,497,967 2,472,967
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 600,377 585,377
Insufficient justification [-15,000]
030 DEPOT PURCHASE EQUIPMENT 879,467 879,467
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 400,734 400,734
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 1,299,089 1,299,089
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 911,775 911,775
070 CYBERSPACE SUSTAINMENT........ 24,742 24,742
080 CYBERSPACE ACTIVITIES......... 25,507 25,507
SUBTOTAL OPERATING FORCES. 6,639,658 6,599,658
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION................ 47,215 47,215
100 RECRUITING AND ADVERTISING.... 40,356 40,356
SUBTOTAL ADMINISTRATION 87,571 87,571
AND SERVICE-WIDE
ACTIVITIES................
110 UNDISTRIBUTED................. -30,000
Maintain program [-30,000]
affordability:
Overestimation of civilian
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -30,000
TOTAL OPERATION & 6,727,229 6,657,229
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 409,542 392,542
Program decrease [-12,000]
unaccounted for...........
Remove one-time fiscal [-5,000]
year 2019 costs...........
020 JOINT CHIEFS OF STAFF--CE2T2.. 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER.. 24,598 24,598
040 SPECIAL OPERATIONS COMMAND 1,075,762 1,070,262
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-5,500]
050 SPECIAL OPERATIONS COMMAND 14,409 14,409
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 501,747 486,953
INTELLIGENCE.................
DCGS--SOF - excess to need [-5,794]
Program decrease--SOCRATES [-9,000]
070 SPECIAL OPERATIONS COMMAND 559,300 544,300
MAINTENANCE..................
Projected underexecution.. [-15,000]
080 SPECIAL OPERATIONS COMMAND 177,928 177,928
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 925,262 899,762
OPERATIONAL SUPPORT..........
Base support [-5,900]
underexecution............
Operational support [-9,600]
underexecution............
Unjustified growth--C4IAS [-10,000]
Saas......................
100 SPECIAL OPERATIONS COMMAND 2,764,738 2,250,038
THEATER FORCES...............
Program decrease.......... [-14,700]
Realignment to OCO........ [-500,000]
SUBTOTAL OPERATING FORCES. 7,032,465 6,439,971
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 180,250 180,250
130 JOINT CHIEFS OF STAFF......... 100,610 100,610
140 PROFESSIONAL DEVELOPMENT 33,967 33,967
EDUCATION....................
SUBTOTAL TRAINING AND 314,827 314,827
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS....... 165,707 260,007
IRT Increase.............. [14,300]
National Guard Youth [50,000]
Challenge Program support.
Program increase--STARBASE [30,000]
180 DEFENSE CONTRACT AUDIT AGENCY. 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,362 3,362
CYBER........................
200 DEFENSE CONTRACT MANAGEMENT 1,438,068 1,418,068
AGENCY.......................
Program decrease.......... [-20,000]
210 DEFENSE CONTRACT MANAGEMENT 24,391 24,391
AGENCY--CYBER................
220 DEFENSE HUMAN RESOURCES 892,438 882,438
ACTIVITY.....................
Defense Manpower Data [-5,000]
Center--Excess Growth.....
Enterprise Operations [-5,000]
Center--Excess Growth.....
230 DEFENSE INFORMATION SYSTEMS 2,012,885 1,992,885
AGENCY.......................
Unjustified growth........ [-20,000]
240 DEFENSE INFORMATION SYSTEMS 601,223 636,360
AGENCY--CYBER................
Sharkseer transfer........ [35,137]
270 DEFENSE LEGAL SERVICES AGENCY. 34,632 34,632
280 DEFENSE LOGISTICS AGENCY...... 415,699 435,199
Program increase--PTAP.... [19,500]
290 DEFENSE MEDIA ACTIVITY........ 202,792 202,792
300 DEFENSE PERSONNEL ACCOUNTING 144,881 144,881
AGENCY.......................
310 DEFENSE SECURITY COOPERATION 696,884 666,884
AGENCY.......................
Assessment, monitoring, [11,000]
and evaluation............
Security cooperation [-11,000]
account...................
Unjustified growth........ [-30,000]
320 DEFENSE SECURITY SERVICE...... 889,664 889,664
340 DEFENSE SECURITY SERVICE-- 9,220 9,220
CYBER........................
360 DEFENSE TECHNICAL INFORMATION 3,000 3,000
CENTER.......................
370 DEFENSE TECHNOLOGY SECURITY 35,626 35,626
ADMINISTRATION...............
380 DEFENSE THREAT REDUCTION 568,133 568,133
AGENCY.......................
400 DEFENSE THREAT REDUCTION 13,339 13,339
AGENCY--CYBER................
410 DEPARTMENT OF DEFENSE 2,932,226 2,912,226
EDUCATION ACTIVITY...........
Remove one-time fiscal [-50,000]
year 2019 increase........
Overestimation of civilian [-20,000]
FTE targets...............
Program increase--impact [10,000]
aid for children with
severe disabilites........
Program increase--impact [40,000]
aid to schools with
military dependents.......
420 MISSILE DEFENSE AGENCY........ 522,529 509,859
THAAD prior year under- [-12,670]
execution.................
450 OFFICE OF ECONOMIC ADJUSTMENT. 59,513 134,513
Defense Community [75,000]
Infrastructure Program
(DCIP)....................
460 OFFICE OF THE SECRETARY OF 1,604,738 1,625,738
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC study................. [10,000]
Emerging contaminants..... [1,000]
Excess growth............. [-37,000]
Interstate compacts for [4,000]
licensure and
credentialing.............
Military aviation safety [3,000]
commission................
Readiness and [25,000]
Environmental Protection
Initiative increase.......
470 OFFICE OF THE SECRETARY OF 48,783 48,783
DEFENSE--CYBER...............
480 SPACE DEVELOPMENT AGENCY...... 44,750 34,750
Insufficient justification [-10,000]
500 WASHINGTON HEADQUARTERS 324,001 296,201
SERVICES.....................
Insufficient justification [-27,800]
505 CLASSIFIED PROGRAMS........... 15,816,598 15,757,457
Classified adjustment..... [-24,004]
Realignment to DISA for [-35,137]
Sharkseer.................
SUBTOTAL ADMIN & SRVWIDE 30,132,549 30,167,875
ACTIVITIES................
TOTAL OPERATION AND 37,479,841 36,922,673
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & -557,168
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 14,771 14,771
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 14,771 14,771
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 14,771 14,771
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 400,000 400,000
SUBTOTAL ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 108,600 117,663
DISASTER AND CIVIC AID.......
Increase for foreign [6,822]
disaster relief...........
Increase for humanitarian [2,241]
mine action program.......
SUBTOTAL HUMANITARIAN 108,600 117,663
ASSISTANCE................
TOTAL OVERSEAS 108,600 117,663
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 338,700 358,700
Cooperative biological [20,000]
engagement................
SUBTOTAL COOPERATIVE 338,700 358,700
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 338,700 358,700
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 207,518 212,518
ARMY.........................
Perfluorinated chemicals.. [5,000]
SUBTOTAL DEPARTMENT OF THE 207,518 212,518
ARMY......................
TOTAL ENVIRONMENTAL 207,518 290,582
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,932 350,932
NAVY.........................
Perfluorinated chemicals.. [5,000]
Unexploded ordnance [10,000]
remediation...............
SUBTOTAL DEPARTMENT OF THE 335,932 350,932
NAVY......................
TOTAL ENVIRONMENTAL 335,932 418,996
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 302,744 365,808
FORCE........................
Perfluorinated chemicals.. [63,064]
SUBTOTAL DEPARTMENT OF THE 302,744 365,808
AIR FORCE.................
TOTAL ENVIRONMENTAL 302,744 385,808
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE-WIDE.................
SUBTOTAL DEFENSE-WIDE..... 9,105 9,105
TOTAL ENVIRONMENTAL 9,105 92,169
RESTORATION, DEFENSE-WIDE
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 216,499 216,499
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 216,499 216,499
TOTAL ENVIRONMENTAL 216,499 216,499
RESTORATION FORMERLY USED
SITES....................
TOTAL OPERATION & 207,661,689 201,610,944
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,410,874 1,671,422
Realignment from base..... [260,548]
030 ECHELONS ABOVE BRIGADE........ 26,502 26,502
040 THEATER LEVEL ASSETS.......... 2,274,490 2,259,490
Unjustified growth........ [-15,000]
050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288
060 AVIATION ASSETS............... 300,240 300,240
070 FORCE READINESS OPERATIONS 3,415,009 4,510,009
SUPPORT......................
Insufficient justification [-5,000]
Realignment from base..... [1,100,000]
080 LAND FORCES SYSTEMS READINESS. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931
100 BASE OPERATIONS SUPPORT....... 115,706 115,706
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 6,397,586 6,385,586
Insufficient justification [-12,000]
140 COMMANDER'S EMERGENCY RESPONSE 5,000 2,500
PROGRAM......................
Insufficient justification [-2,500]
150 RESET......................... 1,048,896 1,048,896
160 US AFRICA COMMAND............. 203,174 203,174
170 US EUROPEAN COMMAND........... 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,891,225 17,217,273
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954
SUBTOTAL MOBILIZATION..... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309
420 AMMUNITION MANAGEMENT......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT....... 109,019 109,019
490 REAL ESTATE MANAGEMENT........ 251,355 251,355
565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES................
TOTAL OPERATION & 18,772,938 20,098,986
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 20,440 20,440
060 FORCE READINESS OPERATIONS 689 689
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 16,463 16,463
SUBTOTAL OPERATING FORCES. 37,592 37,592
TOTAL OPERATION & 37,592 37,592
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES................
TOTAL OPERATION & 83,291 83,291
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL 1,589,658 1,589,658
ARMY......................
AFGHAN NATIONAL POLICE
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE....................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE. 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES...........
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED.... -300,000
TOTAL AFGHANISTAN 4,803,978 4,503,978
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 745,000 545,000
Program decrease.......... [-100,000]
Transfer to DSCA Security [-100,000]
Cooperation...............
020 SYRIA......................... 300,000 300,000
SUBTOTAL COUNTER ISIS 1,045,000 845,000
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 1,045,000 845,000
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 373,047 973,047
OPERATIONS...................
Realignment from base..... [600,000]
030 AVIATION TECHNICAL DATA & 816 816
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT......................
080 AVIATION LOGISTICS............ 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108
OPERATIONS...................
Realignment from base..... [450,000]
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 608,870 1,008,870
Realignment from base..... [400,000]
180 EQUIPMENT MAINTENANCE AND 7,799 7,799
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 363 363
240 WEAPONS MAINTENANCE........... 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 219,099 219,099
SUBTOTAL OPERATING FORCES. 6,184,655 7,634,655
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS......................
330 COAST GUARD SUPPORT........... 190,000 190,000
SUBTOTAL MOBILIZATION..... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES................
TOTAL OPERATION & 6,561,650 8,011,650
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 914,653
Realignment from base..... [200,000]
020 FIELD LOGISTICS............... 232,508 432,508
Realignment from base..... [200,000]
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES. 1,027,832 1,427,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES................
TOTAL OPERATION & 1,124,791 1,524,791
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
SUBTOTAL OPERATING FORCES. 23,036 23,036
TOTAL OPERATION & 23,036 23,036
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,449,170
Realignment from base..... [400,000]
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE OPERATIONS SUPPORT....... 1,538,120 1,738,120
Realignment from base..... [200,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES. 7,476,488 8,626,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION..... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES................
TOTAL OPERATION & 9,396,379 10,546,379
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES. 29,758 29,758
TOTAL OPERATION & 29,758 29,758
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 66,944 66,944
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,679 12,679
SUBTOTAL OPERATING FORCES. 176,909 176,909
TOTAL OPERATION & 176,909 176,909
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,111,580
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-10,000]
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE.................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 138,458 103,458
OPERATIONAL SUPPORT..........
Projected underexecution-- [-35,000]
communications............
100 SPECIAL OPERATIONS COMMAND 808,729 1,308,729
THEATER FORCES...............
Realignment from base..... [500,000]
SUBTOTAL OPERATING FORCES. 3,825,313 4,280,313
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY.......................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER................
270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,677,217
AGENCY.......................
Security cooperation [-37,030]
account, unjustified
growth....................
Transfer from CTEF Iraq... [100,000]
Transfer of funds to [-250,000]
Ukraine Security
Assistance Initiative.....
Unjustified growth........ [-62,970]
380 DEFENSE THREAT REDUCTION 317,558 317,558
AGENCY.......................
410 DEPARTMENT OF DEFENSE 31,620 31,620
EDUCATION ACTIVITY...........
460 OFFICE OF THE SECRETARY OF 16,666 16,666
DEFENSE......................
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES.....................
505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785
SUBTOTAL ADMIN & SRVWIDE 4,542,799 4,292,799
ACTIVITIES................
TOTAL OPERATION AND 8,368,112 8,573,112
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & 205,000
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 300,000
INITIATIVE...................
Program increase.......... [50,000]
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 300,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...............
TOTAL OPERATION & 50,432,141 54,968,189
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND 0 462,000
MODERNIZATION.................
Earthquake damage repair... [370,000]
Navy Working Capital Fund [92,000]
earthquake recovery losses.
280 BASE OPERATING SUPPORT......... 0 9,000
Earthquake damage recovery. [9,000]
TOTAL OPERATION & MAINTENANCE, 0 471,000
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & 0 6,000
MODERNIZATION.................
Earthquake damage repair... [6,000]
TOTAL OPERATION & MAINTENANCE, 0 6,000
MARINE CORPS..................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 0 58,900
RESTORATION & MODERNIZATION...
Hurricane recovery......... [58,900]
TOTAL OPERATION & MAINTENANCE, 0 58,900
ANG...........................
TOTAL OPERATION & MAINTENANCE.. 0 535,900
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 143,476,503 142,676,503
Historical unobligated balances....... [-800,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,485,808 4,485,808
Total, Military Personnel 4,485,808 4,485,808
Appropriations.....................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................. 57,467 57,467
SUPPLY MANAGEMENT--ARMY............... 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY.... 89,597 89,597
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR 92,499 92,499
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA.... 995,030 995,030
WCF, DEF COUNTERINTELLIGENCE &
SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000
SECURITY AGENCY......................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY....................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 107,351 107,351
RDT&E................................. 875,930 875,930
PROCUREMENT........................... 2,218 2,218
TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 581,739 532,818
Realignment of National Guard [-30,921]
Bureau funding...................
Unjustified growth............... [-18,000]
DRUG DEMAND REDUCTION PROGRAM......... 120,922 120,922
NATIONAL GUARD COUNTER-DRUG PROGRAM... 91,370 122,291
Realignment of National Guard [30,921]
Bureau funding...................
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,371 5,371
TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 781,402
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 359,022 359,022
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,179 1,179
OFFICE OF THE INSPECTOR GENERAL....... 2,965 2,965
OFFICE OF THE INSPECTOR GENERAL....... 333 333
TOTAL OFFICE OF THE INSPECTOR 363,499 363,499
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,570,615 9,320,615
Unjustified growth............... [-250,000]
PRIVATE SECTOR CARE................... 15,041,006 15,002,506
Historical underexecution........ [-38,500]
CONSOLIDATED HEALTH SUPPORT........... 1,975,536 1,986,536
Wounded Warrior Service Dog [11,000]
program..........................
INFORMATION MANAGEMENT................ 2,004,588 1,998,938
Historical underexecution........ [-5,650]
MANAGEMENT ACTIVITIES................. 333,246 333,246
EDUCATION AND TRAINING................ 793,810 793,310
Other costs excess growth........ [-3,000]
Program increase--specialized [2,500]
medical pilot program............
BASE OPERATIONS/COMMUNICATIONS........ 2,093,289 2,093,289
R&D RESEARCH.......................... 12,621 12,621
R&D EXPLORATRY DEVELOPMENT............ 84,266 84,266
R&D ADVANCED DEVELOPMENT.............. 279,766 279,766
R&D DEMONSTRATION/VALIDATION.......... 128,055 128,055
R&D ENGINEERING DEVELOPMENT........... 143,527 143,527
R&D MANAGEMENT AND SUPPORT............ 67,219 67,219
R&D CAPABILITIES ENHANCEMENT.......... 16,819 16,819
PROC INITIAL OUTFITTING............... 26,135 26,135
PROC REPLACEMENT & MODERNIZATION...... 225,774 225,774
PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 73,010 73,010
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM........ 32,998,687 32,715,037
TOTAL OTHER AUTHORIZATIONS.......... 36,573,298 36,271,648
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 163,596 163,596
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 163,596
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR 24,254 24,254
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 57,459 57,459
PRIVATE SECTOR CARE................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT........... 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM........ 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.......... 555,696 555,696
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations Facility 71,000 71,000
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 67,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance Hangar 62,000 62,000
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance Hangar 34,000 34,000
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements.................. 3,200 3,200
Army Fort Campbell General Purpose Maintenance 51,000 51,000
Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
Army U.S. Army Natick Human Engineering Lab...... 50,000 50,000
Soldier Systems
Center
Michigan
Army Detroit Arsenal Substation................. 24,000 24,000
New York
Army Fort Drum Railhead................... 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility............ 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 60,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2..... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 86,000
Depot (Machine Shop).
Army Fort Hood Barracks................... 32,000 32,000
Army Fort Hood Vehicle Bridge............. 0 18,500
Virginia
Army Fort Belvoir Secure Operations and Admin 60,000 60,000
Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Child Development Centers.. 0 27,000
Locations
Army Unspecified Worldwide Host Nation Support........ 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design........ 94,099 94,099
Locations
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
........................
Military Construction, Army Total 1,453,499 1,270,999
......................
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters. 0 99,600
Station Yuma
Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160
Station Yuma Addition.
Australia
Navy Darwin Aircraft Parking Apron..... 0 50,000
Bahrain Island
Navy SW Asia Electrical System Upgrade.. 53,360 0
California
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy Camp Pendleton I MEF Consolidated 113,869 38,869
Information Center.
Navy Marine Corps Air Child Development Center... 0 37,400
Station Miramar
Navy Naval Air Weapons Runway & Taxiway Extension. 64,500 64,500
Station China Lake
Navy Naval Air Weapons Unspecified Military 0 0
Station China Lake Construction--Earthquake
Damage Recovery.
Navy Naval Base Coronado Aircraft Paint Complex..... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar........... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc)... 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair........ 0 9,900
Navy Naval Weapons Station Ammunition Pier............ 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine........... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex........ 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 20,000
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 34,100
H.
Navy Joint Region Marianas EOD Compound Facilities.... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc).... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters. 13,4050 65,490
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station..... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3).... 17,4692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South............ 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower.. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars Complex 35,110 35,110
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, Phase 25,650 25,650
2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 12,2200 92,200
Replacement.
Navy Marine Corps Air Aircraft Maintenance Hangar 73,970 73,970
Station Cherry Point (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and Simulator 53,230 53,230
Station Cherry Point Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 74,630
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Marine Corps Base Wargaming Center........... 143,350 33,350
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 60,000
Control and Paint Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Centers.. 0 62,400
Locations
Navy Unspecified Worldwide Planning and Design........ 167,715 167,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
........................
Military Construction, Navy Total 2,805,743 2,774,961
......................
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete. 0 7,000
Base
Australia
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
AF Travis Air Force Base ADAL Aerial Port Squadron 0 17,000
Materiel Warehouse.
AF Travis Air Force Base KC-46A Alter B181/B185/B187 6,600 6,600
Squad Ops/AMU.
AF Travis Air Force Base KC-46A Regional Maintenance 19,500 19,500
Training Facility.
Colorado
AF Peterson Air Force SOCNORTH Theater 0 54,000
Base Operational Support
Facility.
AF Schriever Air Force Consolidated Space 148,000 73,449
Base Operations Facility.
AF United States Air Consolidate Cadet Prep 0 49,000
Force Academy School Dormitory.
Cyprus
AF Royal Air Force New Dormitory for 1 ERS.... 27,000 27,000
Akrotiri
Georgia
AF Moody Air Force Base 41 RQS HH-60W Apron........ 0 12,500
Guam
AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
AF Scott Air Force Base Joint Operations & Mission 100,000 100,000
Planning Center.
Japan
AF Yokota Air Base Fuel Receipt & Distribution 12,400 12,400
Upgrade.
Jordan
AF Azraq Air Traffic Control Tower.. 24,000 0
AF Azraq Munitions Storage Area..... 42,000 0
Mariana Islands
AF Tinian Airfield Development Phase 109,000 10,000
1.
AF Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000
Hydrant System.
AF Tinian Parking Apron.............. 98,000 25,000
Maryland
AF Joint Base Andrews Presidential Aircraft Recap 86,000 86,000
Complex Inc 3.
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 80,000
CSL/MIF) Inc 2.
Missouri
AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000
Base and MX Facility.
Montana
AF Malmstrom Air Force Weapons Storage and 235,000 59,000
Base Maintenance Facility.
Nevada
AF Nellis Air Force Base 365th ISR Group Facility... 57,000 57,000
AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100
Facilities Cost-to-
Complete.
AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
AF Holloman Air Force NC3 Support WRM Storage/ 0 20,000
Base Shipping Facility.
AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500
Base Simulator (CRH) ADAL.
AF Kirtland Air Force UH-1 Replacement Facility.. 22,400 22,400
Base
North Dakota
AF Minot Air Force Base Helo/Trfops/AMUfacility.... 5,500 5,500
Ohio
AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900
Force Base Complex (NASIC) Inc 2.
Texas
AF Joint Base San Antonio AFPC B-Wing................ 0 36,000
AF Joint Base San Antonio Aquatics Tank.............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8.... 110,000 110,000
AF Joint Base San Antonio T-X ADAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-X MX Trng Sys 19,000 19,000
Centrailized Trng Fac.
United Kingdom
AF Royal Air Force F-35A PGM Facility......... 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 33,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Unspecified Worldwide Child Development Centers.. 0 31,500
Locations
AF Various Worldwide Planning and Design........ 142,148 142,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
........................
Military Construction, Air Force Total 2,179,230 1,723,579
......................
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Def-Wide Mountain View--63 RSC Install Microgrid 0 9,700
Controller, 750 Kw PV, and
750 Kwh Battery Storage.
Def-Wide Naval Air Weapons Energy Storage System...... 0 8,950
Station China Lake
Def-Wide NSA Monterey Cogeneration Plant at B236. 0 10,540
CONUS Classified
Def-Wide Classified Location Battalion Complex, Ph 3.... 82,200 82,200
Florida
Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar... 72,923 72,923
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Def-Wide Ramstein Landstuhl Elementary School 0 66,800
Guam
Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Def-Wide Naval Base Guam NSA Anderson Smart Grid and 0 16,970
ICS Infrustructure.
Hawaii
Def-Wide Joint Base Pearl Install 500kw Covered 0 4,000
Harbor-Hickam Parking PV System &
Electric Vehicle Charging
Stations B479.
Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Def-Wide Yokosuka Kinnick High School Inc 2.. 130,386 0
Def-Wide Yokota Air Base Bulk Storage Tanks PH1..... 116,305 20,000
Def-Wide Yokota Air Base Pacific East District 20,106 20,106
Superintendent's Office.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000
Hospital Incr 3.
Def-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000
#3 Inc 2.
Def-Wide NSA Bethesda Chiller 3-9 Replacement.... 0 13,840
Def-Wide South Potomac IH Water Project--CBIRF/ 0 18,460
IHEODTD/Housing.
Mississippi
Def-Wide Columbus Air Force Fuel Facilities Replacement 16,800 16,800
Base
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Incr 2 50,000 50,000
Def-Wide St. Louis Next NGA West (N2W) Complex 218,800 118,800
Phase 2 Inc. 2.
New Mexico
Def-Wide White Sands Missile Install Microgrid, 700kw 0 5,800
Range PV, 150 Kw Generator, and
Batteries.
North Carolina
Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400
HQ.
Def-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training Complex.
Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Def-Wide Fort Bragg SOF Operations Support Bldg 29,000 29,000
Oklahoma
Def-Wide Tulsa IAP Fuels Storage Complex...... 18,900 18,900
Rhode Island
Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800
Base Replacement.
Texas
Def-Wide Camp Swift Install Microgrid, 650KW 0 4,500
OV, & 500 KW Generator.
Def-Wide Fort Hood Install a Central Energy 0 16,500
Plant.
Virginia
Def-Wide Defense Distribution Operations Center Phase 2.. 98,800 33,000
Depot Richmond
Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Fort Story
Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Fort Story
Def-Wide NRO Headquarters Intergration System 0 66
Upgrades.
Def-Wide Pentagon Backup Generator........... 8,670 8,670
Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770
Neck Compound Expansion.
Washington
Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Def-Wide Naval Base Kitsap Keyport Main Substation 0 23,670
Replacement.
Wisconsin
Def-Wide Gen Mitchell IAP POL Facilities Replacement. 25,900 25,900
Worldwide Classified
Def-Wide Classified Location Mission Support Compound... 52,000 52,000
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design............... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design........ 15,000 15,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 29,679 29,679
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 35,472 35,472
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 4,890 4,890
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 14,400 14,400
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950
Locations Construction.
Def-Wide Various Worldwide Planning and Design........ 52,532 52,532
Locations
Def-Wide Various Worldwide Planning and Design........ 63,382 63,382
Locations
Def-Wide Various Worldwide Planning and Design........ 27,000 27,000
Locations
Def-Wide Various Worldwide Planning and Design: 0 30,000
Locations Military Installation
Resiliency.
Def-Wide Various Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Various Worldwide Unspecified Minor 16,736 16,736
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,504,190 2,267,595
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 144,040 144,040
Investment Program Program.
........................
NATO Security Investment Program Total 144,040 144,040
......................
Alabama
Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks............ 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
........................
Military Construction, Army National Guard Total 210,819 365,819
......................
Delaware
Army Res Newark Army Reserve Center/BMA.... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training Barracks 25,000 25,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
........................
Military Construction, Army Reserve Total 60,928 60,928
......................
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
........................
Military Construction, Naval Reserve Total 54,955 54,955
......................
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility.... 12,500 12,500
Air NG Luis Munoz-Marin IAP Maintenance Hangar......... 37,500 36,000
Wisconsin
Air NG Truax Field F-35 Simulator Facility.... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters..... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design........ 17,000 17,000
Locations
........................
Military Construction, Air National Guard Total 165,971 221,471
......................
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
AF Res Joint Base Andrews AES Training Admin Facility 0 15,000
Minnesota
AF Res Minneapolis-St.paul Aerial Port Facility....... 0 9,800
IAP
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design........ 4,604 4,604
Locations
AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
........................
Military Construction, Air Force Reserve Total 59,750 84,550
......................
Germany
FH Con Army Baumholder Family Housing Improvements 29,983 29,983
Korea
FH Con Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D....... 9,222 14,222
Locations
........................
Family Housing Construction, Army Total 141,372 146,372
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 24,027 24,027
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 18,627 63,627
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 128,938 128,938
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 81,065 135,798
Locations
FH Ops Army Unspecified Worldwide Management................. 38,898 38,898
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 484 484
Locations
FH Ops Army Unspecified Worldwide Services................... 10,156 10,156
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55712 55712
Locations
........................
Family Housing Operation And Maintenance, Army Total 357,907 457,640
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 41,798 41,798
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,000 2,000
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 82,611 137,344
Locations
FH Ops Navy Unspecified Worldwide Management................. 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services................... 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 63,229 63,229
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 432,203
......................
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 3,409 3,409
Locations
........................
Family Housing Construction, Air Force Total 103,631 103,631
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 117,704 172,437
Locations
FH Ops AF Unspecified Worldwide Management................. 56,022 56,022
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,144 2,144
Locations
FH Ops AF Unspecified Worldwide Services................... 7,770 7,770
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 42,732 42,732
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 295,016 380,949
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 82 82
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 645 645
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 12,906 12,906
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 39,222 39,222
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 13 13
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 3,045 3,045
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 500 500
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 500 500
......................
Worldwide Unspecified
BRAC Worldwide Unspecified Base Realignment and 66,111 94,111
Locations Closure.
........................
Base Realignment and Closure--Army Total 66,111 94,111
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure. 158,349 216,349
Locations
........................
Base Realignment and Closure--Navy Total 158,349 216,349
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Dod BRAC Activities--Air 54,066 82,066
Locations Force.
........................
Base Realignment and Closure--Air Force Total 54,066 82,066
......................
Prior Year Savings
PYS Prior Year Savings Prior Year Savings......... 0 -64685
........................
Prior Year Savings Total 0 -64,685
......................
Total, Military Construction 11,241,653 10,925,739
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval Station OCO: Communications 22,000 22,000
Facility.
Army Guantanamo Bay Naval Station OCO: Detention Legal 11,800 11,800
Office and Comms Ctr.
Army Guantanamo Bay Naval Station OCO: High Value Detention 88,500 0
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI/OCO Planning and 19,498 19,498
Design.
Army Unspecified Worldwide Locations EDI: Bulk Fuel Storage.... 36,000 36,000
Army Unspecified Worldwide Locations EDI: Information Systems 6,200 6,200
Facility.
Army Unspecified Worldwide Locations EDI: Minor Construction... 5,220 5,220
Army Unspecified Worldwide Locations Unspecified Worldwide 9,200,000 0
Construction.
Army Various Worldwide Locations EDI: Various Worldwide 0 36,212
Locations Europe.
Military Construction, Army Total 9,389,218 136,930
Bahrain
Navy SW Asia Electrical System Upgrade. 0 53,360
Italy
Navy Sigonella Communications Station.... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 25,000 25,000
Navy Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
Military Construction, Navy Total 94,570 261,541
Iceland
AF Keflavik EDI: Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI: Beddown Site Prep.... 7,000 7,000
AF Keflavik EDI: Expand Parking Apron. 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower. 0 24,000
AF Azraq Munitions Storage Area.... 0 42,000
Spain
AF Moron EDI: Hot Cargo Pad........ 8,500 8,500
Worldwide Unspecified
AF Unspecified Planning & Design......... 0 60,000
AF Unspecified Worldwide Locations EDI: ECAOS DABS/FEV EMEDS 107,000 107,000
Storage.
AF Unspecified Worldwide Locations EDI: Hot Cargo Pad........ 29,000 29,000
AF Unspecified Worldwide Locations EDI: Munitions Storage 39,000 39,000
Area.
AF Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
AF Various Worldwide Locations EDI: P&D.................. 61,438 61,438
AF Various Worldwide Locations EDI: UMMC................. 12,800 12,800
Military Construction, Air Force Total 314,738 476,949
Germany
Def-Wide Gemersheim EDI: Logistics 46,000 46,000
Distribution Center Annex.
Military Construction,Defense-Wide Total 46,000 46,000
Total, Military Construction 9,844,526 921,420
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
California
Navy Naval Air Weapons Station China Planning and Design....... 0 89,320
Lake
Navy Naval Air Weapons Station China Hanger 3 Replacement, 0 514,600
Lake Apron, Taxiway &
Utilities for RDT&E.
Navy Naval Air Weapons Station China Aircraft Parking Apron in 0 50,800
Lake Support of Hanger 2
Replacement.
Navy Naval Air Weapons Station China Michelson Mission Systems 0 202,340
Lake Intergration Laboratory.
Navy Naval Air Weapons Station China Magazines & Inert Storage 0 138,930
Lake Facility.
Navy Naval Air Weapons Station China Air Operations Facility & 0 70,900
Lake Air Traffic Control Tower.
Navy Naval Air Weapons Station China Community Support 0 85,790
Lake Facilities.
North Carolina
Navy Camp Lejeune Courthouse Bay Fire 0 21,336
Station Replacement.
Navy Camp Lejeune Hadnot Point Fire Station 0 21,931
Replacement.
Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023
Replacement.
Navy Camp Lejeune II MEF Simulation/Training 0 74,487
Center Replacement.
Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874
Replacement.
Navy Camp Lejeune LSSS Facility Replacement. 0 26,815
Navy Camp Lejeune MC Advisor Battalion HQS 0 30,109
Replacement.
Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617
Navy Camp Lejeune MCES Applied Instruction 0 95,599
Facility Replacement.
Navy Camp Lejeune NCIS Facilities 0 22,594
Replacement.
Navy Camp Lejeune PMO Facility Replacement.. 0 34,718
Navy Camp Lejeune WTBN Headquarters 0 18,644
Replacement.
Navy MCAS Cherry Point Physical Security 0 52,300
Compliance.
Navy MCAS Cherry Point BT-11 Range Operations 0 14,251
Center Replacement.
Navy MCAS New River C-12W Aircraft Maintenance 0 36,295
Hangar Replacement.
Navy MCAS New River Bachelor Enlisted Quarters 0 62,104
Replacement.
Navy MCAS New River CNATT Classroom Building 0 114,706
Replacement.
Navy MCAS New River CH-53K Maintenance Hangar 0 252,717
Replacement.
.................................
Military Construction, Navy Total 0 2,312,800
...............................
Florida
AF Tyndall Air Force Base 325th Fighting Wing HQ 0 38,000
Facility.
AF Tyndall Air Force Base Aerospace & Operational 0 12,000
Physiology Facility.
AF Tyndall Air Force Base Aircraft MX Fuel Cell 0 37,000
Hangar.
AF Tyndall Air Force Base Aircraft Wash Rack........ 0 9,100
AF Tyndall Air Force Base Airfield Drainage......... 0 144,000
AF Tyndall Air Force Base Auxiliary Ground Equipment 0 22,000
Facility.
AF Tyndall Air Force Base Chapel.................... 0 26,000
AF Tyndall Air Force Base Community Commons Facility 0 64,000
AF Tyndall Air Force Base Deployment Center/Flight 0 43,000
Line Dining/AAFES.
AF Tyndall Air Force Base Dorm Complex Phase 1...... 0 145,000
AF Tyndall Air Force Base Dorm Complex Phase 2...... 0 131,000
AF Tyndall Air Force Base Emergency Management, EOC, 0 20,000
Alt CP.
AF Tyndall Air Force Base Flightline--Muns Storage, 0 36,000
7000 Area.
AF Tyndall Air Force Base Lodging Facilities Phase 1 0 90,000
AF Tyndall Air Force Base Lodging Facilities Phase 2 0 89,000
AF Tyndall Air Force Base Operations Group/ 0 24,000
Maintenance Group HQ.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 74,000
Unit/Hangar #2.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 75,000
Unit/Hangar #3.
AF Tyndall Air Force Base OSS/Radar Approach Control 0 37,000
Facility.
AF Tyndall Air Force Base Planning and Design....... 0 52,400
AF Tyndall Air Force Base Security Forces Mobility 0 6,700
Storage Facility.
AF Tyndall Air Force Base Simulator Facility........ 0 38,000
AF Tyndall Air Force Base Site Development, 0 141,000
Utilities & Demo Phase 2.
AF Tyndall Air Force Base Small Arms Range.......... 0 26,000
AF Tyndall Air Force Base Special Purpose Vehicle 0 20,000
Maintenance.
AF Tyndall Air Force Base Tyndall AFB Gate Complexes 0 75,000
AF Tyndall Air Force Base Weapons Load Training 0 25,000
Hangar.
Nebraska
AF Offutt Air Force Base Emergency Power Microgrid. 0 43,000
AF Offutt Air Force Base Flightline Hangars Campus. 0 10,000
AF Offutt Air Force Base Lake Campus............... 0 6,000
AF Offutt Air Force Base Logistics Readiness 0 18,500
Squadron Campus.
AF Offutt Air Force Base Security Campus........... 0 63,000
Virginia
AF Joint Base Langley-Eustis Dormitory................. 0 31,000
.................................
Military Construction, Air Force Total 0 1,671,700
...............................
North Carolina
Def-Wide Camp Lejeune Ambulatory Care Center 0 17,821
(Camp Geiger).
Def-Wide Camp Lejeune Ambulatory Care Center 0 27,492
(Camp Johnson).
Def-Wide Camp Lejeune MARSOC ITC Team Facility 0 30,000
Replacement.
.................................
Military Construction, Defense-Wide Total 0 75,313
...............................
Louisiana
Army NG Pineville National Guard Readiness 0 16,500
Center.
Nebraska
Army NG Ashland Training Site, Various 0 35,000
Facilities.
Army NG Ashland Flood Control Levee/ 0 8,500
Floodwall.
.................................
Military Construction, Army National Guard Total 0 60,000
...............................
Total, Military Construction 0 4,119,813
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 12,408,603 12,444,780
Defense nuclear nonproliferation.. 1,993,302 2,020,814
Naval reactors.................... 1,648,396 1,633,396
Federal salaries and expenses..... 434,699 434,699
Total, National nuclear security 16,485,000 16,533,689
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,506,501 5,527,732
Other defense activities.......... 1,035,339 885,839
Defense nuclear waste disposal.... 26,000 0
Total, Environmental & other defense 6,567,840 6,413,571
activities.........................
Total, Atomic Energy Defense 23,052,840 22,947,260
Activities...........................
Total, Discretionary Funding.............. 23,190,648 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security.. 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program....... 792,611 792,611
W76-2 Modification program.......... 10,000 10,000
W88 Alt 370......................... 304,186 304,186
W80-4 Life extension program........ 898,551 898,551
W87-1 Modification Program (formerly 112,011 112,011
IW1)...............................
Total, Life extension programs and 2,117,359 2,117,359
major alterations....................
Stockpile systems
B61 Stockpile systems............... 71,232 71,232
W76 Stockpile systems............... 89,804 89,804
W78 Stockpile systems............... 81,299 81,299
W80 Stockpile systems............... 85,811 85,811
B83 Stockpile systems............... 51,543 51,543
W87 Stockpile systems............... 98,262 98,262
W88 Stockpile systems............... 157,815 157,815
Total, Stockpile systems.............. 635,766 635,766
Weapons dismantlement and disposition
Operations and maintenance.......... 47,500 47,500
Program increase
Stockpile services
Production support.................. 543,964 543,964
Research and development support.... 39,339 39,339
R&D certification and safety........ 236,235 236,235
Management, technology, and 305,000 305,000
production.........................
Total, Stockpile services............. 1,124,538 1,124,538
Strategic materials
Uranium sustainment................. 94,146 94,146
Plutonium sustainment............... 712,440 712,440
Tritium sustainment................. 269,000 269,000
Lithium sustainment................. 28,800 28,800
Domestic uranium enrichment......... 140,000 140,000
Strategic materials sustainment..... 256,808 256,808
Total, Strategic materials............ 1,501,194 1,501,194
Total, Directed stockpile work.......... 5,426,357 5,426,357
Research, development, test and
evaluation (RDT&E)
Science
Advanced certification.............. 57,710 57,710
Primary assessment technologies..... 95,169 95,169
Dynamic materials properties........ 133,800 133,800
Advanced radiography................ 32,544 32,544
Secondary assessment technologies... 77,553 77,553
Academic alliances and partnerships. 44,625 44,625
Enhanced Capabilities for 145,160 145,160
Subcritical Experiments............
Total, Science........................ 586,561 586,561
Engineering
Enhanced surety..................... 46,500 46,500
Delivery Environments (formerly 35,945 35,945
Weapons Systems Engineering
Assessment Technology).............
Nuclear survivability............... 53,932 53,932
Enhanced surveillance............... 57,747 57,747
Stockpile Responsiveness............ 39,830 80,630
Program expansion................. [40,800]
Total, Engineering ................... 233,954 274,754
Inertial confinement fusion ignition
and high yield
Ignition and Other Stockpile 55,649 55,649
Programs...........................
Diagnostics, cryogenics and 66,128 66,128
experimental support...............
Pulsed power inertial confinement 8,571 8,571
fusion.............................
Joint program in high energy density 12,000 12,000
laboratory plasmas.................
Facility operations and target 338,247 343,247
production.........................
Program increase.................. [5,000]
Total, Inertial confinement fusion and 480,595 485,595
high yield...........................
Advanced simulation and computing
Advanced simulation and computing... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL.............................
Total, Construction................. 50,000 50,000
Total, Advanced simulation and 839,849 839,849
computing............................
Advanced manufacturing
Additive manufacturing.............. 18,500 18,500
Component manufacturing development. 48,410 52,000
UFR list--technology maturation... [3,590]
Process technology development...... 69,998 69,998
Total, Advanced manufacturing......... 136,908 140,498
Total, RDT&E............................ 2,277,867 2,327,257
Infrastructure and operations
Operations of facilities.............. 905,000 905,000
Safety and environmental operations... 119,000 119,000
Maintenance and repair of facilities.. 456,000 456,000
Recapitalization:
Infrastructure and safety........... 447,657 447,657
Capability based investments........ 135,341 135,341
Total, Recapitalization............... 582,998 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS...........
18-D-690, Lithium Processing 32,000 32,000
Facility, Y-12 (formerly Lithium
Production Capability, Y-12).......
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS......................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS......................
15-D-612, Emergency Operations 5,000 5,000
Center, LLNL.......................
15-D-611, Emergency Operations 4,000 4,000
Center, SNL........................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX.......................
06-D-141 Uranium processing facility 745,000 745,000
Y-12, Oak Ridge, TN................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL.
Total, Construction................... 1,145,444 1,145,444
Total, Infrastructure and operations.... 3,208,442 3,208,442
Secure transportation asset
Operations and equipment.............. 209,502 209,502
Program direction..................... 107,660 107,660
Total, Secure transportation asset...... 317,162 317,162
Defense nuclear security
Operations and maintenance............ 778,213 765,000
Excess to need...................... [-13,213]
Total, Defense nuclear security......... 778,213 765,000
Information technology and cybersecurity 309,362 309,362
Legacy contractor pensions.............. 91,200 91,200
Total, Weapons Activities................. 12,408,603 12,444,780
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Global material security
International nuclear security...... 48,839 48,839
Domestic radiological security...... 90,513 90,513
International radiological security. 60,827 78,907
Secure additional radiologic [18,080]
materials........................
Nuclear smuggling detection and 142,171 142,171
deterrence.........................
Total, Global material security....... 342,350 360,430
Material management and minimization
HEU reactor conversion.............. 114,000 99,000
Program decrease.................. [-15,000]
Nuclear material removal............ 32,925 32,925
Material disposition................ 186,608 186,608
Total, Material management & 333,533 318,533
minimization.........................
Nonproliferation and arms control..... 137,267 137,267
Defense nuclear nonproliferation R&D.. 495,357 499,789
Additional verification and [4,432]
detection effort...................
Nonproliferation Construction:
18-D-150 Surplus Plutonium 79,000 79,000
Disposition Project................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 220,000
Fabrication Facility, SRS..........
Low-enriched uranium research and 0 20,000
development..........................
Program increase.................... [20,000]
Total, Nonproliferation construction.. 299,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 1,635,019
Programs...............................
Legacy contractor pensions.............. 13,700 13,700
Nuclear counterterrorism and incident 372,095 372,095
response program.......................
DPRK phased denuclearization long-term 0
monitoring and verification............
Total, Defense Nuclear Nonproliferation... 1,993,302 2,020,814
Naval Reactors
Naval reactors development.............. 531,205 516,205
Unjustified growth.................... [-15,000]
Columbia-Class reactor systems 75,500 75,500
development............................
S8G Prototype refueling................. 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure.........................
Construction:
20-D-931, KL Fuel Development 23,700 23,700
Laboratory...........................
19-D-930, KS Overhead Piping.......... 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF........
Total, Construction..................... 282,600 282,600
Program direction....................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,633,396
Federal Salaries And Expenses
Program direction....................... 434,699 434,699
Total, Office Of The Administrator........ 434,699 434,699
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations...........................
Central plateau remediation........... 472,949 522,949
Program increase.................... [50,000]
Richland community and regulatory 5,121 5,121
support..............................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage....................
Total, Construction................... 11,000 11,000
Total, Hanford site..................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning........................
Rad liquid tank waste stabilization 677,460 705,460
and disposition......................
Program increase.................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct
feed LAW...........................
01-D-16 D, High-level waste facility 30,000 25,000
Program decrease.................. [-5,000]
01-D-16 E--Pretreatment Facility.... 20,000 15,000
Program decrease.................. [-5,000]
Total, Construction................... 690,000 680,000
ORP Low-level waste offsite disposal.. 10,000 10,000
Total, Office of River Protection....... 1,392,460 1,410,460
Idaho National Laboratory:
Idaho cleanup and waste disposition... 331,354 331,354
Idaho community and regulatory support 3,500 3,500
Total, Idaho National Laboratory........ 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,727 1,727
LLNL Excess facilities D&D............ 128,000 55,000
Program decrease.................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit... 15,300 15,300
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 2,652 2,652
Los Alamos National Laboratory...... 195,462 195,462
Total, NNSA sites and Nevada off-sites.. 403,878 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D............. 93,693 93,693
Total, OR Nuclear facility D & D...... 93,693 93,693
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition.......... 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 10,000
facility.........................
Program decrease................ [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility...............
Total, Construction................. 64,269 59,000
Total, OR cleanup and waste 146,269 141,000
disposition..........................
OR community & regulatory support..... 4,819 4,819
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 292,781 287,512
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations.........................
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center...........................
Total, risk management operations..... 497,405 522,405
SR community and regulatory support... 4,749 11,249
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition......
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).....
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12......................
19-D-701 SR Security sytem 0
replacement......................
18-D-402 Saltstone Disposal Unit 51,750 51,750
#8/9.............................
17-D-402 Saltstone Disposal Unit 40,034 40,034
#7...............................
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site....
Total, Construction................. 163,272 163,272
Total, Savannah River site.............. 1,463,132 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 34,500 34,500
Total, Construction................... 92,554 92,554
Total, Waste Isolation Pilot Plant...... 391,642 391,642
Program direction....................... 278,908 278,908
Program support......................... 12,979 12,979
Safeguards and Security
Safeguards and Security............... 317,622 317,622
Total, Safeguards and Security.......... 317,622 317,622
Use of prior year balances.............. -15,562 -15,562
Total, Defense Environmental Cleanup...... 5,506,501 5,527,732
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 139,628 139,628
security.............................
Program direction..................... 72,881 72,881
Total, Environment, Health, Safety and 212,509 212,509
Security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,068 24,068
Program direction..................... 57,211 54,711
Non-defense function realignment.... [-2,500]
Total, Independent enterprise 81,279 78,779
assessments............................
Specialized security activities......... 254,578 254,578
Office of Legacy Management
Legacy management..................... 283,767 142,767
Program decrease.................... [-141,000]
Program direction..................... 19,262 19,262
Total, Office of Legacy Management...... 303,029 162,029
Defense related administrative support
Chief financial officer............... 54,538 54,538
Chief information officer............. 124,554 118,554
Program decrease.................... [-6,000]
Total, Defense related administrative 179,092 173,092
support................................
Office of Hearings and Appeals.......... 4,852 4,852
Subtotal, Other Defense Activities........ 1,035,339 885,839
Total, Other Defense Activities........... 1,035,339 885,839
Defense Nuclear Waste Disposal
Yucca Mountain and interim storage...... 26,000 0
Program cut........................... 0 [-26,000]
Total, Defense Nuclear Waste Disposal..... 26,000 0
------------------------------------------------------------------------
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
SECTION 5001. SHORT TITLE.
This division may be cited as the ``Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020''.
SEC. 5002. SUBDIVISIONS AND TABLE OF CONTENTS.
(a) Divisions.--This division is organized into two
subdivisions as follows:
(1) Subdivision 1--Intelligence Authorizations for
Fiscal Year 2020.
(2) Subdivision 2--Intelligence Authorizations for
Fiscal Years 2018 and 2019.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND
2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
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.
Subtitle B--Office of the Director of National Intelligence
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.
Subtitle C--Inspector General of the Intelligence Community
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.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
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.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
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.
Subtitle B--Matters Relating to China
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.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
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.
Subtitle B--Other Matters
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.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
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.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
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.
Subtitle B--Central Intelligence Agency
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.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
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.
Subtitle D--Other Elements
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.
TITLE LXV--ELECTION MATTERS
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.
TITLE LXVI--SECURITY CLEARANCES
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.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
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.
Subtitle B--Reports
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.
Subtitle C--Other Matters
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. 5003. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The
term ``congressional intelligence committees'' has the
meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term
``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
SUBDIVISION 1--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
SEC. 5100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
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.
Subtitle B--Office of the Director of National Intelligence
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.
Subtitle C--Inspector General of the Intelligence Community
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.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
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.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
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.
Subtitle B--Matters Relating to China
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.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
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.
Subtitle B--Other Matters
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.
TITLE LI--INTELLIGENCE ACTIVITIES
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United
States Government:
(1) The Office of the Director of National
Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of
the Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 5102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 5101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 5101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be
made available to the Committee on Appropriations of
the Senate, the Committee on Appropriations of the
House of Representatives, and to the President.
(2) Distribution by the president.--Subject to
paragraph (3), the President shall provide for suitable
distribution of the classified Schedule of
Authorizations referred to in subsection (a), or of
appropriate portions of such Schedule, within the
executive branch.
(3) Limits on disclosure.--The President shall not
publicly disclose the classified Schedule of
Authorizations or any portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement
the budget; or
(C) as otherwise required by law.
SEC. 5103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2020 the sum of $565,637,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2020 such
additional amounts as are specified in the classified Schedule
of Authorizations referred to in section 5102(a).
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 5201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund $514,000,000
for fiscal year 2020.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 5301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision
shall not be deemed to constitute authority for the conduct of
any intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 5302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this subdivision for salary,
pay, retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 5303. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT
AGENTS.
Section 605(4) of the National Security Act of 1947 (50
U.S.C. 3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and''
and inserting ``; or''; and
(C) by striking ``agency--'' and all that
follows through ``whose identity'' and
inserting ``agency whose identity''; and
(2) in subparagraph (B)(i), by striking ``resides
and acts outside the United States'' and inserting
``acts''.
SEC. 5304. REQUIRED COUNTERINTELLIGENCE ASSESSMENTS, BRIEFINGS,
NOTIFICATIONS, AND REPORTS.
(a) Foreign Counterintelligence and Cybersecurity Threats
to Federal Election Campaigns.--
(1) Reports required.--
(A) In general.--As provided in
subparagraph (B), with respect to an election
for Federal office, the Director of National
Intelligence, in coordination with the Under
Secretary of Homeland Security for Intelligence
and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly
available on an internet website an advisory
report on foreign counterintelligence and
cybersecurity threats to campaigns of
candidates for Federal office. Each such
report, consistent with the protection of
sources and methods, shall include the
following:
(i) A description of foreign
counterintelligence and cybersecurity
threats to campaigns of candidates for
Federal office.
(ii) A summary of best practices
that campaigns of candidates for
Federal office can employ in seeking to
counter such threats.
(iii) An identification of publicly
available resources, including United
States Government resources, for
countering such threats.
(B) Schedule for submittal.--
(i) In general.--Except as provided
by clause (ii), with respect to an
election for Federal office, a report
under this subsection shall be first
made available not later than the date
that is 1 year before the date of such
election, and may be subsequently
revised as the Director of National
Intelligence determines appropriate.
(ii) 2020 elections.--With respect
to an election for Federal office that
occurs during 2020, the report under
this subsection shall be first made
available not later than the date that
is 60 days after the date of the
enactment this Act, and may be
subsequently revised as the Director of
National Intelligence determines
appropriate.
(C) Information to be included.--A report
under this subsection shall reflect the most
current information available to the Director
of National Intelligence regarding foreign
counterintelligence and cybersecurity threats.
(2) Treatment of campaigns subject to heightened
threats.--If the Director of the Federal Bureau of
Investigation and the Under Secretary of Homeland
Security for Intelligence and Analysis jointly
determine that a campaign of a candidate for Federal
office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the
Director and the Under Secretary, consistent with the
protection of sources and methods, may make available
additional information to the appropriate
representatives of such campaign.
(b) Briefings on Counterintelligence Activities of the
Federal Bureau of Investigation.--
(1) In general.--Title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.), is amended by
adding at the end the following new section:
``SEC. 512. BRIEFINGS AND NOTIFICATIONS ON COUNTERINTELLIGENCE
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
``(a) Quarterly Briefings.--In addition to, and without any
derogation of, the requirement under section 501 to keep the
congressional intelligence committees fully and currently
informed of the intelligence and counterintelligence activities
of the United States, not less frequently than once each
quarter, or more frequently if requested by the congressional
intelligence committees, the Director of the Federal Bureau of
Investigation shall provide to the congressional intelligence
committees a briefing on the counterintelligence activities of
the Federal Bureau of Investigation. Such briefings shall
include, at a minimum, an overview and update of--
``(1) the counterintelligence posture of the
Bureau;
``(2) counterintelligence investigations; and
``(3) any other information relating to the
counterintelligence activities of the Bureau that the
Director determines necessary.
``(b) Notifications.--In addition to the quarterly
briefings under subsection (a), the Director of the Federal
Bureau of Investigation shall promptly notify the congressional
intelligence committees of any counterintelligence
investigation carried out by the Bureau with respect to any
counterintelligence risk or threat that is related to an
election or campaign for Federal office.
``(c) Guidelines.--
``(1) Development and consultation.--The Director
shall develop guidelines governing the scope of the
briefings provided under subsection (a), the
notifications provided under subsection (b), and the
information required by section 5304(a)(2) of the Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and
2020. The Director shall consult the congressional
intelligence committees during such development.
``(2) Submission.--The Director shall submit to the
congressional intelligence committees--
``(A) the guidelines under paragraph (1)
upon issuance; and
``(B) any updates to such guidelines by not
later than 15 days after making such update.''.
(2) Clerical amendment.--The table of contents at
the beginning of such Act is amended by inserting after
the item relating to section 511 the following new
item:
``Sec. 512. Briefings and notifications on counterintelligence
activities of the Federal Bureau of Investigation.''.
(c) Director of National Intelligence Assessment of Foreign
Interference in Federal Elections.--
(1) Assessments required.--Not later than 45 days
after the end of a Federal election cycle, the Director
of National Intelligence, in consultation with the
heads of such other executive departments and agencies
as the Director considers appropriate, shall--
(A) conduct an assessment of any
information indicating that a foreign
government, or any person acting as an agent of
or on behalf of a foreign government, has acted
with the intent or purpose of interfering in
elections for Federal office occurring during
the Federal election cycle; and
(B) transmit the findings of the Director
with respect to the assessment conducted under
subparagraph (A), along with such supporting
information as the Director considers
appropriate, to the following:
(i) The President.
(ii) The Secretary of State.
(iii) The Secretary of the
Treasury.
(iv) The Secretary of Defense.
(v) The Attorney General.
(vi) The Secretary of Homeland
Security.
(vii) Congress.
(2) Elements.--An assessment conducted under
paragraph (1)(A), with respect to an act described in
such paragraph, shall identify, to the maximum extent
ascertainable, the following:
(A) The nature of any foreign interference
and any methods employed to execute the act.
(B) The persons involved.
(C) The foreign government or governments
that authorized, directed, sponsored, or
supported the act.
(3) Publication.--The Director shall, not later
than 60 days after the end of a Federal election cycle,
make available to the public, to the greatest extent
possible consistent with the protection of sources and
methods, the findings transmitted under paragraph
(1)(B).
(4) Federal election cycle defined.--In this
section, the term ``Federal election cycle'' means the
period which begins on the day after the date of a
regularly scheduled general election for Federal office
and which ends on the date of the first regularly
scheduled general election for Federal office held
after such date.
(5) Effective date.--This subsection shall apply
with respect to the Federal election cycle that began
during November 2018, and each succeeding Federal
election cycle.
SEC. 5305. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS
REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN
NATIONAL INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security
risks,'' after ``schedule,''.
SEC. 5306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall develop
policies, processes, and procedures to facilitate the rotation
of personnel of the intelligence community to the private
sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the
Director pursuant to subsection (a), pursuant to a written
agreement with a private-sector organization, and with the
consent of the employee, a head of an element of the
intelligence community may arrange for the temporary detail of
an employee of such element to such private-sector
organization, or from such private-sector organization to such
element under this section.
(c) Agreements.--
(1) In general.--A head of an element of the
intelligence community exercising the authority of the
head under subsection (a) shall provide for a written
agreement among the element of the intelligence
community, the private-sector organization, and the
employee concerned regarding the terms and conditions
of the employee's detail under this section. The
agreement--
(A) shall require that the employee of the
element, upon completion of the detail, serve
in the element, or elsewhere in the civil
service if approved by the head of the element,
for a period that is at least equal to the
length of the detail;
(B) shall provide that if the employee of
the element fails to carry out the agreement,
such employee shall be liable to the United
States for payment of all nonsalary and benefit
expenses of the detail, unless that failure was
for good and sufficient reason, as determined
by the head of the element;
(C) shall contain language informing such
employee of the prohibition on sharing, using,
or otherwise improperly handling classified or
unclassified nonpublic information for the
benefit or advantage of the private-sector
organization;
(D) shall contain language governing the
handling of classified information by such
employee during the detail; and
(E) shall contain language requiring the
employee to acknowledge the obligations of the
employee under section 1905 of title 18, United
States Code.
(2) Amount of liability.--An amount for which an
employee is liable under paragraph (1) shall be treated
as a debt due the United States.
(3) Waiver.--The head of an element of the
intelligence community may waive, in whole or in part,
collection of a debt described in paragraph (2) based
on a determination that the collection would be against
equity and good conscience and not in the best
interests of the United States, after taking into
account any indication of fraud, misrepresentation,
fault, or lack of good faith on the part of the
employee.
(d) Termination.--A detail under this section may, at any
time and for any reason, be terminated by the head of the
element of the intelligence community concerned or the private-
sector organization concerned.
(e) Duration.--
(1) In general.--A detail under this section shall
be for a period of not less than 3 months and not more
than 2 years, renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section
may be for a period in excess of 2 years, but not more
than 3 years, if the head of the element making the
detail determines that such detail is necessary to meet
critical mission or program requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this
section for more than a total of 5 years, inclusive of
all such details.
(f) Status of Federal Employees Detailed to Private-Sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-
sector organization under this section shall be
considered, during the period of detail, to be on a
regular work assignment in the element. The written
agreement established under subsection (c)(1) shall
address the specific terms and conditions related to
the employee's continued status as a Federal employee.
(2) Requirements.--In establishing a temporary
detail of an employee of an element of the intelligence
community to a private-sector organization, the head of
the element shall--
(A) certify that the temporary detail of
such employee shall not have an adverse or
negative impact on mission attainment or
organizational capabilities associated with the
detail; and
(B) in the case of an element of the
intelligence community in the Department of
Defense, ensure that the normal duties and
functions of such employees are not, as a
result of and during the course of such
temporary detail, performed or augmented by
contractor personnel in violation of the
provisions of section 2461 of title 10, United
States Code.
(g) Terms and Conditions for Private-Sector Employees.--An
employee of a private-sector organization who is detailed to an
element of the intelligence community under this section--
(1) shall continue to receive pay and benefits from
the private-sector organization from which such
employee is detailed and shall not receive pay or
benefits from the element, except as provided in
paragraph (2);
(2) is deemed to be an employee of the element for
the purposes of--
(A) chapters 73 and 81 of title 5, United
States Code;
(B) sections 201, 203, 205, 207, 208, 209,
603, 606, 607, 643, 654, 1905, and 1913 of
title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of
title 31, United States Code;
(D) chapter 171 of title 28, United States
Code (commonly known as the ``Federal Tort
Claims Act'') and any other Federal tort
liability statute;
(E) the Ethics in Government Act of 1978 (5
U.S.C. App.); and
(F) chapter 21 of title 41, United States
Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing
by the head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the
element;
(5) shall be subject to the same requirements
applicable to an employee performing the same functions
and duties proposed for performance by the private-
sector employee; and
(6) in the case of an element of the intelligence
community in the Department of Defense, may not be used
to circumvent the provisions of section 2461 of title
10, United States Code.
(h) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge an element of the intelligence community or any other
agency of the Federal Government, as direct costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee detailed to an element of the
intelligence community under this section for the period of the
detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out
this section, the Director, pursuant to procedures developed
under subsection (a)--
(1) shall, to the degree practicable, ensure that
small business concerns are represented with respect to
details authorized by this section;
(2) may, notwithstanding any other provision of
law, establish criteria for elements of the
intelligence community to use appropriated funds to
reimburse small business concerns for the salaries and
benefits of its employees during the periods when the
small business concern agrees to detail its employees
to the intelligence community under this section;
(3) shall take into consideration the question of
how details under this section might best be used to
help meet the needs of the intelligence community,
including with respect to the training of employees;
(4) shall take into consideration areas of private-
sector expertise that are critical to the intelligence
community; and
(5) shall establish oversight mechanisms to
determine whether the public-private exchange
authorized by this section improves the efficiency and
effectiveness of the intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as
appropriate in the context in which such term is used--
(A) the assignment or loan of an employee
of an element of the intelligence community to
a private-sector organization without a change
of position from the intelligence community
element that employs the individual; or
(B) the assignment or loan of an employee
of a private-sector organization to an element
of the intelligence community without a change
of position from the private-sector
organization that employs the individual.
(2) Private-sector organization.--The term
``private-sector organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small
business concern'' has the meaning given such term in
section 3703(e)(2) of title 5, United States Code.
SEC. 5307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN
SECURITY AND COUNTERINTELLIGENCE CONCERNS.
(a) Assessment.--
(1) Contracting practices.--The Director of
National Intelligence shall conduct an assessment of
the authorities, policies, processes, and standards
used by the elements of the intelligence community to
ensure that the elements appropriately weigh security
and counterintelligence risks in awarding a contract to
a contractor that--
(A) carries out any joint research and
development activities with a covered foreign
country; or
(B) performs any contract or other
agreement entered into with a covered foreign
country.
(2) Elements.--The assessment under paragraph (1)
shall include the following:
(A) An assessment of whether the
authorities, policies, processes, and standards
specified in paragraph (1) sufficiently
identify security and counterintelligence
concerns.
(B) Identification of any authority gaps in
such authorities, policies, processes, and
standards that prevent the intelligence
community from considering the activities
specified in subparagraphs (A) and (B) of
paragraph (1) when evaluating offers for a
contract.
(3) Consultation.--In carrying out paragraph (1),
the Director shall consult with each head of an element
of the intelligence community.
(b) Report.--
(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Director shall
submit to the congressional intelligence committees a
report on the assessment under subsection (a)(1).
(2) Matters included.--The report under paragraph
(1) shall include the following:
(A) The assessment under subsection (a)(1).
(B) An identification of any known
contractors that have--
(i) carried out activities
specified in subparagraphs (A) and (B)
of subsection (a)(1); and
(ii) submitted an offer for a
contract with an element of the
intelligence community.
(C) A description of the steps that the
Director and the heads of the elements of the
intelligence community took to identify
contractors under subparagraph (B).
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(c) Covered Foreign Country Defined.--In this section, the
term ``covered foreign country'' means the government, or any
entity affiliated with the military or intelligence services
of, the following foreign countries:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Democratic People's Republic of Korea.
(4) The Islamic Republic of Iran.
(5) Such other countries as the Director considers
appropriate.
Subtitle B--Office of the Director of National Intelligence
SEC. 5321. ESTABLISHMENT OF CLIMATE SECURITY ADVISORY COUNCIL.
(a) Establishment.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end
the following new section:
``SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.
``(a) Establishment.--The Director of National Intelligence
shall establish a Climate Security Advisory Council for the
purpose of--
``(1) assisting intelligence analysts of various
elements of the intelligence community with respect to
analysis of climate security and its impact on the
areas of focus of such analysts;
``(2) facilitating coordination between the
elements of the intelligence community and elements of
the Federal Government that are not elements of the
intelligence community in collecting data on, and
conducting analysis of, climate change and climate
security; and
``(3) ensuring that the intelligence community is
adequately prioritizing climate change in carrying out
its activities.
``(b) Composition of Council.--
``(1) Members.--The Council shall be composed of
the following individuals appointed by the Director of
National Intelligence:
``(A) An appropriate official from the
National Intelligence Council, who shall chair
the Council.
``(B) The lead official with respect to
climate and environmental security analysis
from--
``(i) the Central Intelligence
Agency;
``(ii) the Bureau of Intelligence
and Research of the Department of
State;
``(iii) the National Geospatial-
Intelligence Agency;
``(iv) the Office of Intelligence
and Counterintelligence of the
Department of Energy;
``(v) the Office of the Under
Secretary of Defense for Intelligence;
and
``(vi) the Defense Intelligence
Agency.
``(C) Three appropriate officials from
elements of the Federal Government that are not
elements of the intelligence community that are
responsible for--
``(i) providing decision makers
with a predictive understanding of the
climate;
``(ii) making observations of our
Earth system that can be used by the
public, policymakers, and to support
strategic decisions; or
``(iii) coordinating Federal
research and investments in
understanding the forces shaping the
global environment, both human and
natural, and their impacts on society.
``(D) Any other officials as the Director
of National Intelligence or the chair of the
Council may determine appropriate.
``(2) Responsibilities of chair.--The chair of the
Council shall have responsibility for--
``(A) identifying agencies to supply
individuals from elements of the Federal
Government that are not elements of the
intelligence community;
``(B) securing the permission of the
relevant agency heads for the participation of
such individuals on the Council; and
``(C) any other duties that the Director of
National Intelligence may direct.
``(c) Duties and Responsibilities of Council.--The Council
shall carry out the following duties and responsibilities:
``(1) To meet at least quarterly to--
``(A) exchange appropriate data between
elements of the intelligence community and
elements of the Federal Government that are not
elements of the intelligence community;
``(B) discuss processes for the routine
exchange of such data and implementation of
such processes; and
``(C) prepare summaries of the business
conducted at each meeting.
``(2) To assess and determine best practices with
respect to the analysis of climate security, including
identifying publicly available information and
intelligence acquired through clandestine means that
enables such analysis.
``(3) To assess and identify best practices with
respect to prior efforts of the intelligence community
to analyze climate security.
``(4) To assess and describe best practices for
identifying and disseminating climate security
indicators and warnings.
``(5) To recommend methods of incorporating
analysis of climate security and the best practices
identified under paragraphs (2) through (4) into
existing analytic training programs.
``(6) To consult, as appropriate, with other
elements of the intelligence community that conduct
analysis of climate change or climate security and
elements of the Federal Government that are not
elements of the intelligence community that conduct
analysis of climate change or climate security, for the
purpose of sharing information about ongoing efforts
and avoiding duplication of existing efforts.
``(7) To work with elements of the intelligence
community that conduct analysis of climate change or
climate security and elements of the Federal Government
that are not elements of the intelligence community
that conduct analysis of climate change or climate
security--
``(A) to exchange appropriate data between
such elements, establish processes, procedures
and practices for the routine exchange of such
data, discuss the implementation of such
processes; and
``(B) to enable and facilitate the sharing
of findings and analysis between such elements.
``(8) To assess whether the elements of the
intelligence community that conduct analysis of climate
change or climate security may inform the research
direction of academic work and the sponsored work of
the United States Government.
``(9) At the discretion of the chair of the
Council, to convene conferences of analysts and
nonintelligence community personnel working on climate
change or climate security on subjects that the chair
shall direct.
``(d) Sunset.--The Council shall terminate on the date that
is 4 years after the date of the enactment of this section.
``(e) Definitions.--In this section:
``(1) Climate security.--The term `climate
security' means the effects of climate change on the
following:
``(A) The national security of the United
States, including national security
infrastructure.
``(B) Subnational, national, and regional
political stability.
``(C) The security of allies and partners
of the United States.
``(D) Ongoing or potential political
violence, including unrest, rioting, guerrilla
warfare, insurgency, terrorism, rebellion,
revolution, civil war, and interstate war.
``(2) Climate intelligence indications and
warnings.--The term `climate intelligence indications
and warnings' means developments relating to climate
security with the potential to--
``(A) imminently and substantially alter
the political stability or degree of human
security in a country or region; or
``(B) imminently and substantially
threaten--
``(i) the national security of the
United States;
``(ii) the military, political, or
economic interests of allies and
partners of the United States; or
``(iii) citizens of the United
States abroad.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 119B the following
new item:
``Sec. 120. Climate Security Advisory Council.''.
(c) Initial Appointments.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall appoint the members of the Council under
section 120 of the National Security Act of 1947, as added by
subsection (a).
SEC. 5322. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after section 119B
the following new section:
``SEC. 119C. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
``(a) Establishment.--There is within the Office of the
Director of National Intelligence a Foreign Malign Influence
Response Center (in this section referred to as the `Center').
``(b) Functions and Composition.--The Center shall--
``(1) be comprised of analysts from all elements of
the intelligence community, including elements with
diplomatic and law enforcement functions;
``(2) have access to all intelligence and other
reporting possessed or acquired by the United States
Government pertaining to foreign malign influence;
``(3) serve as the primary organization in the
United States Government for analyzing and integrating
all intelligence possessed or acquired by the United
States Government pertaining to foreign malign
influence; and
``(4) provide to employees and officers of the
Federal Government in policy-making positions and
Congress comprehensive assessments, and indications and
warnings, of foreign malign influence.
``(c) Director.--
``(1) Appointment.--There is a Director of the
Center, who shall be the head of the Center, and who
shall be appointed by the Director of National
Intelligence.
``(2) Role.--The Director of the Center shall--
``(A) report directly to the Director of
National Intelligence;
``(B) carry out the functions under
subsection (b); and
``(C) at the request of the President or
the Director of National Intelligence, develop
and provide recommendations for potential
responses by the United States to foreign
malign influence.
``(d) Annual Reports.--
``(1) In general.--In addition to the matters
submitted pursuant to subsection (b)(4), at the
direction of the Director of National Intelligence, but
not less than once each year, the Director of the
Center shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a report on foreign malign
influence.
``(2) Matters included.--Each report under
paragraph (1) shall include, with respect to the period
covered by the report, a discussion of the following:
``(A) The most significant activities of
the Center.
``(B) Any recommendations the Director
determines necessary for legislative or other
actions to improve the ability of the Center to
carry out its functions, including
recommendations regarding the protection of
privacy and civil liberties.
``(e) Definitions.--In this section:
``(1) Covered foreign country.--The term `covered
foreign country' means the following:
``(A) The Russian Federation.
``(B) The Islamic Republic of Iran.
``(C) The Democratic People's Republic of
Korea.
``(D) The People's Republic of China.
``(E) Any other foreign country that the
Director of the Center determines appropriate
for purposes of this section.
``(2) Foreign malign influence.--The term `foreign
malign influence' means any hostile effort undertaken
by, at the direction of, or on behalf of or with the
substantial support of, the government of a covered
foreign country with the objective of influencing,
through overt or covert means--
``(A) the political, military, economic, or
other policies or activities of the United
States Government or State or local
governments, including any election within the
United States; or
``(B) the public opinion within the United
States.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such Act is amended by inserting after the item
relating to section 119B the following new item:
``Sec. 119C. Foreign Malign Influence Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50
U.S.C. 3106) is amended by adding at the end the following new
paragraph:
``(6) An annual report submitted under section
119C(d)(1).''.
SEC. 5323. ENCOURAGEMENT OF COOPERATIVE ACTIONS TO DETECT AND COUNTER
FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military
intelligence units, also known as the ``GRU'', and
Kremlin-linked troll organizations often referred to as
the ``Internet Research Agency'', deploy information
warfare operations against the United States, its
allies and partners, with the goal of advancing the
strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of
social media platforms with the goals of intensifying
societal tensions, undermining trust in governmental
institutions within the United States, its allies and
partners in the West, and generally sowing division,
fear, and confusion.
(3) These information warfare operations are a
threat to the national security of the United States
and that of the allies and partners of the United
States. As former Director of National Intelligence Dan
Coats stated, ``These actions are persistent, they are
pervasive and they are meant to undermine America's
democracy.''.
(4) These information warfare operations continue
to evolve and increase in sophistication.
(5) Other foreign adversaries and hostile non-state
actors are increasingly adopting similar tactics of
deploying information warfare operations against the
West, such as recent state-backed operations from China
around the Hong Kong protests identified by social
media companies.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the
future to detect fraudulent accounts, deceptive
material posted on social media, and malign behavior on
social media platforms.
(7) Because these information warfare operations
are deployed within and across private social media
platforms, the companies that own these platforms have
a responsibility to detect and facilitate the removal
or neutralization of foreign adversary networks
operating clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly
analyzing large amounts of data and developing
software-based solutions to diverse and ever-changing
challenges on their platforms, which makes them well-
equipped to address the threat occurring on their
platforms.
(9) Independent analyses confirmed Kremlin-linked
threat networks, based on data provided by several
social media companies to the Select Committee on
Intelligence of the Senate, thereby demonstrating that
it is possible to discern both broad patterns of cross-
platform information warfare operations and specific
fraudulent behavior on social media platforms.
(10) General Paul Nakasone, Director of the
National Security Agency, emphasized the importance of
these independent analyses to the planning and
conducting of military cyber operations to frustrate
Kremlin-linked information warfare operations against
the 2018 mid-term elections. General Nakasone stated
that the reports ``were very, very helpful in terms of
being able to understand exactly what our adversary was
trying to do to build dissent within our nation.''.
(11) Institutionalizing ongoing robust,
independent, and vigorous analysis of data related to
foreign threat networks within and across social media
platforms will help counter ongoing information warfare
operations against the United States, its allies, and
its partners.
(12) Archiving and disclosing to the public the
results of these analyses by the social media companies
and trusted third-party experts in a transparent manner
will serve to demonstrate that the social media
companies are detecting and removing foreign malign
activities from their platforms while protecting the
privacy of the people of the United States and will
build public understanding of the scale and scope of
these foreign threats to our democracy, since exposure
is one of the most effective means to build resilience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the social media companies should cooperate
among themselves and with independent organizations and
researchers on a sustained and regular basis to share
and analyze data and indicators relevant to foreign
information warfare operations within and across their
platforms in order to detect and counter foreign
information warfare operations that threaten the
national security of the United States and its allies
and partners;
(2) information from law enforcement and the
intelligence community is also important in assisting
efforts by these social media companies to identify
foreign information warfare operations;
(3) these analytic efforts should be organized in
such a fashion as to meet the highest standards of
ethics, confidentiality, and privacy protection of the
people of the United States, while still allowing
timely research access to relevant data;
(4) these analytic efforts should be undertaken as
soon as possible to facilitate countering ongoing state
or state-backed foreign information warfare operations
and to aid in preparations for the United States
Presidential and congressional elections in 2020 and
beyond;
(5) the structure and operations of social media
companies make them well positioned to work with
independent organizations and researchers to address
foreign adversary threat networks within and across
their platforms, and these efforts could be conducted
without direct Government involvement, direction, or
regulation; and
(6) if the social media industry fails to take
sufficient action to address foreign adversary threat
networks operating within or across their platforms,
Congress would have to consider additional safeguards
for ensuring that this threat is effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media
Data and Threat Analysis Center.--
(1) Authority.--The Director of National
Intelligence, in coordination with the Secretary of
Defense, may facilitate, by grant or contract or under
an existing authority of the Director, the
establishment of a Social Media Data and Threat
Analysis Center with the functions described in
paragraph (2) at an independent, nonprofit
organization.
(2) Functions.--The functions described in this
paragraph are the following:
(A) Acting as a convening and sponsoring
authority for cooperative social media data
analysis of foreign threat networks involving
social media companies and third-party experts,
nongovernmental organizations, data
journalists, Federally funded research and
development centers, academic researchers,
traditional media, and international
counterparts, as appropriate.
(B) Facilitating analysis of foreign
influence operation, within and across the
individual social media platforms as well as
hacking and leaking campaigns, and other
tactics, and related unlawful activities that
fund or subsidize such operations.
(C) Developing processes to share
information from government entities on foreign
influence operations with the individual social
media companies to inform threat analysis, and
working with the Office of the Director of
National Intelligence as appropriate.
(D) Determining and making public criteria
for identifying which companies, organizations,
or researchers qualify for inclusion in the
activities of the Center, and inviting entities
that fit the criteria to join.
(E) Determining jointly with the social
media companies what data and metadata related
to indicators of foreign adversary threat
networks from their platforms and business
operations will be made available for access
and analysis.
(F) Developing and making public the
criteria and standards that must be met for
companies, other organizations, and individual
researchers to access and analyze data relating
to foreign adversary threat networks within and
across social media platforms and publish or
otherwise use the results.
(G) Developing and making public the
ethical standards for investigation of foreign
threat networks and use of analytic results and
for protection of the privacy of the customers
and users of the social media platforms and of
the proprietary information of the social media
companies.
(H) Developing technical, contractual, and
procedural controls to prevent misuse of data,
including any necessary auditing procedures,
compliance checks, and review mechanisms.
(I) Developing and making public criteria
and conditions under which the Center shall
share information with the appropriate
Government agencies regarding threats to
national security from, or violations of the
law involving, foreign activities on social
media platforms.
(J) Hosting a searchable archive
aggregating information related to foreign
influence and disinformation operations to
build a collective understanding of the threats
and facilitate future examination consistent
with privacy protections.
(K) Developing data standards to harmonize
the sharing of information pursuant to this
paragraph.
(d) Reporting and Notifications.--If the Director of
National Intelligence chooses to use funds under subsection
(c)(1) to facilitate the establishment of the Center, the
Director of the Center shall--
(1) not later than 180 days after the date of the
enactment of this Act, submit to appropriate
congressional committees a report on--
(A) the estimated funding needs of the
Center for fiscal year 2021 and for subsequent
years;
(B) such statutory protections from
liability as the Director considers necessary
for the Center, participating social media
companies, and participating third-party
analytical participants;
(C) such statutory penalties as the
Director considers necessary to ensure against
misuse of data by researchers; and
(D) such changes to the Center's mission to
fully capture broader unlawful activities that
intersect with, complement, or support
information warfare tactics; and
(2) not less frequently than once each year, submit
to the Director of National Intelligence, the Secretary
of Defense, and the appropriate congressional
committees a report--
(A) that assesses--
(i) degree of cooperation and
commitment from the social media
companies to the mission of the Center;
and
(ii) effectiveness of the Center in
detecting and facilitating the removal
or neutralization of clandestine
foreign information warfare operations
from social media platforms; and
(B) includes such recommendations for
legislative or administrative action as the
Center considers appropriate to carry out the
functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the
Center shall--
(1) once each quarter, make available to the public
a report on key trends in foreign influence and
disinformation operations, including any threats to
campaigns and elections, to inform the public of the
United States; and
(2) as the Director considers necessary, provide
more timely assessments relating to ongoing
disinformation campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2020 and 2021, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
(g) Definition of Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(3) the Committee on Foreign Relations of the
Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the
Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House
of Representatives;
(8) the Committee on Foreign Affairs of the House
of Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 5324. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY TO THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Transfer.--Upon the submission of the joint
certifications under subsection (b)(1), the Secretary of
Defense and the Director of National Intelligence shall take
such actions that the Director determines necessary to transfer
the National Intelligence University from the Defense
Intelligence Agency to the Director of National Intelligence.
(b) Joint Certifications.--
(1) Requirement.--Except as provided by paragraph
(2), as soon as practicable after the date of the
enactment of this Act, but not later than 18 months
after the date of such enactment, the Secretary of
Defense and the Director of National Intelligence shall
jointly submit to the appropriate congressional
committees written certifications of each of the
following:
(A) The Middle States Commission on Higher
Education has provided regional academic
accreditation for the National Intelligence
University before the date of the
certification, or will provide such academic
accreditation as of the date on which the
University is transferred under subsection (a).
(B) Members of the Armed Forces attending
the University will be eligible to receive
credit for Phase I joint professional military
education.
(C) The Secretary of Education has informed
the Director of National Intelligence that the
Secretary has recommended approval of the
degrees to be conferred pursuant to subsection
(e)(2) or will provide such recommended
approval as of the date on which the University
is transferred under subsection (a).
(D) The Director of National Intelligence,
in collaboration with the Secretary of Defense,
has established an appropriate governance model
for the University.
(E) The Secretary of Defense shall use the
University to provide personnel of the
Department of Defense with advanced
intelligence education.
(2) Failure to certify.--
(A) Actions required.--If the Secretary of
Defense and the Director of National
Intelligence fail to submit the certifications
under paragraph (1) by the date specified in
such paragraph, the Secretary and the Director
shall--
(i) jointly submit to the
appropriate congressional committees a
report on such failure by not later
than 21 months after the date of the
enactment of this Act; and
(ii) jointly submit such
certifications as soon as practicable.
(B) Contents of report.--The report under
subparagraph (A)(i) shall contain the
following:
(i) A description of the progress
made toward fulfilling the conditions
described in such paragraph as of the
date of the report.
(ii) A description of any obstacles
preventing the fulfillment of such
conditions.
(iii) The estimated dates of
completion for the fulfillment of such
conditions and the submission of the
certifications.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
the Director of the Defense Intelligence Agency, and the
President of the National Intelligence University shall jointly
provide to the appropriate congressional committees a briefing
on the plan to carry out the transfer under subsection (a),
including with respect to--
(1) ensuring the provision of services to all
elements of the intelligence community;
(2) employing a military cadre at the University;
and
(3) addressing the current accreditation status of
the National Intelligence University with the Middle
States Commission on Higher Education.
(d) Cost Estimates of Transfer.--
(1) Requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense and the Director of National Intelligence shall
jointly submit to the appropriate congressional
committees an estimate of--
(A) the annual costs of operating the
National Intelligence University; and
(B) the costs to the Federal Government of
transferring the National Intelligence
University to the Director of National
Intelligence.
(2) Inclusion of indirect costs.--The estimate
submitted under paragraph (1) shall include all
indirect costs, including with respect to human
resources, security, facilities, and information
technology.
(e) Degree-granting Authority.--
(1) Regulations.--Beginning on the date on which
the National Intelligence University is transferred
under subsection (a), under regulations prescribed by
the Director of National Intelligence, the President of
the National Intelligence University may, upon the
recommendation of the faculty of the University, confer
appropriate degrees upon graduates who meet the degree
requirements.
(2) Limitation.--A degree may not be conferred
under this section unless--
(A) 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
(B) the University is accredited by the
appropriate civilian academic accrediting
agency or organization to award the degree, as
determined by the Secretary of Education.
(f) Congressional Notification Requirements.--
(1) Actions on nonaccreditation.--Beginning on the
date on which the National Intelligence University is
transferred under subsection (a), the Director of
National Intelligence shall promptly--
(A) notify the congressional intelligence
committees of any action by the Middle States
Commission on Higher Education, or other
appropriate academic accrediting agency or
organization, to not accredit the University to
award any new or existing degree; and
(B) submit to such committees a report
containing an explanation of any such action.
(2) Modification or redesignation of degree-
granting authority.--Beginning on the date on which the
National Intelligence University is transferred under
subsection (a), upon any modification or redesignation
of existing degree-granting authority, the Director
shall submit to the congressional intelligence
committees a report containing the rationale for the
proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education
with respect to the proposed modification or
redesignation.
(g) Conforming Repeal.--
(1) In general.--Section 2161 of title 10, United
States Code, is repealed, and the table of sections at
the beginning of chapter 108 of such title is amended
by striking the item relating to such section 2161.
(2) Effective date.--The amendments made by
paragraph (1) shall take effect on the date on which
the Secretary of Defense and the Director of National
Intelligence jointly submit the joint certifications
under subsection (b)(1). The Secretary and the Director
shall jointly notify the Law Revision Counsel of the
House of Representatives of the submission of the
certifications so that the Law Revision Counsel may
execute the amendments made by paragraph (1).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees; and
(B) the Committees on Armed Services of the
Senate and House of Representatives.
(2) Phase i joint professional military
education.--The term ``Phase I joint professional
military education'' has the meaning given that term
pursuant to section 2154 of title 10, United States
Code.
Subtitle C--Inspector General of the Intelligence Community
SEC. 5331. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower''
means a person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term
``whistleblower disclosure'' means a disclosure that is
protected under section 1104 of the National Security
Act of 1947 (50 U.S.C. 3234) or section 3001(j)(1) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)).
SEC. 5332. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security
Act of 1947 (50 U.S.C. 3231 et seq.), as amended by
section 6718, is amended by adding at the end the
following new section:
``SEC. 1106. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim
described in subsection (b) may submit to the Inspector General
of the Intelligence Community a request for a review of such
claim by an external review panel convened under subsection
(c).
``(b) Claims and Individuals Described.--A claim described
in this subsection is any--
``(1) claim by an individual--
``(A) that the individual has been
subjected to a personnel action that is
prohibited under section 1104; and
``(B) who has exhausted the applicable
review process for the claim pursuant to
enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to
a reprisal prohibited by paragraph (1) of
section 3001(j) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)); and
``(B) who received a decision on an appeal
regarding that claim under paragraph (4) of
such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a
request under subsection (a) regarding a claim, the
Inspector General of the Intelligence Community may, at
the discretion of the Inspector General, convene an
external review panel under this subsection to review
the claim.
``(2) Membership.--
``(A) Composition.--An external review
panel convened under this subsection shall be
composed of three members as follows:
``(i) The Inspector General of the
Intelligence Community.
``(ii) Except as provided in
subparagraph (B), two members selected
by the Inspector General as the
Inspector General considers appropriate
on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of
Defense.
``(II) The Department of
Energy.
``(III) The Department of
Homeland Security.
``(IV) The Department of
Justice.
``(V) The Department of
State.
``(VI) The Department of
the Treasury.
``(VII) The Central
Intelligence Agency.
``(VIII) The Defense
Intelligence Agency.
``(IX) The National
Geospatial-Intelligence Agency.
``(X) The National
Reconnaissance Office.
``(XI) The National
Security Agency.
``(B) Limitation.--An inspector general of
an agency may not be selected to sit on the
panel under subparagraph (A)(ii) to review any
matter relating to a decision made by such
agency.
``(C) Chairperson.--
``(i) In general.--Except as
provided in clause (ii), the
chairperson of any panel convened under
this subsection shall be the Inspector
General of the Intelligence Community.
``(ii) Conflicts of interest.--If
the Inspector General of the
Intelligence Community finds cause to
recuse himself or herself from a panel
convened under this subsection, the
Inspector General of the Intelligence
Community shall--
``(I) select a chairperson
from inspectors general of the
elements listed under
subparagraph (A)(ii) whom the
Inspector General of the
Intelligence Community
considers appropriate; and
``(II) notify the
congressional intelligence
committees of such selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days
after the date on which the Inspector General convenes
the external review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review
panel convened under subsection (c) determines,
pursuant to a review of a claim submitted by an
individual under subsection (a), that the individual
was the subject of a personnel action prohibited under
section 1104 or was subjected to a reprisal prohibited
by section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency
head take corrective action--
``(A) in the case of an employee or former
employee--
``(i) to return the employee or
former employee, as nearly as
practicable and reasonable, to the
position such employee or former
employee would have held had the
reprisal not occurred; or
``(ii) reconsider the employee's or
former employee's eligibility for
access to classified information
consistent with national security; or
``(B) in any other case, such other action
as the external review panel considers
appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days
after the date on which the head of an agency
receives a recommendation from an external
review panel under paragraph (1), the head
shall--
``(i) give full consideration to
such recommendation; and
``(ii) inform the panel and the
Director of National Intelligence of
what action the head has taken with
respect to the recommendation.
``(B) Failure to inform.--The Director
shall notify the President of any failures to
comply with subparagraph (A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once
each year, the Inspector General of the Intelligence
Community shall submit to the congressional
intelligence committees and the Director of National
Intelligence a report on the activities under this
section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community
considers necessary to protect the privacy of an
individual who has made a claim described in subsection
(b), each report submitted under paragraph (1) shall
include, for the period covered by the report, the
following:
``(A) The determinations and
recommendations made by the external review
panels convened under this section.
``(B) The responses of the heads of
agencies that received recommendations from the
external review panels.''.
(2) Table of contents amendment.--The table of
contents in the first section of the National Security
Act of 1947, as amended by section 6718, is amended by
adding at the end the following new item:
``Sec. 1106. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals
Relating to Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Inspector
General of the Intelligence Community, in consultation
with the Intelligence Community Inspectors General
Forum, shall submit to the congressional intelligence
committees a recommendation on how to ensure that--
(A) a whistleblower in the intelligence
community who has a complaint against an
inspector general in the intelligence community
and who alleges a reprisal, has available the
adjudication and review provided under section
1104 of the National Security Act of 1947 (50
U.S.C. 3234); and
(B) any such whistleblower who has
exhausted the applicable review process may
request an external review panel and receive
one, at the discretion of the Inspector General
of the Intelligence Community.
(2) Contents.--The recommendation submitted
pursuant to paragraph (1) shall include the following:
(A) A discussion of whether and to what
degree section 1106 of the National Security
Act of 1947, as added by subsection (a)(1),
provides appropriate authorities and mechanisms
to provide an external review panel as
described in paragraph (1) of this subsection
and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or
administrative action as the Inspector General
may have with respect to providing an external
review panel as described in paragraph (1) and
for the purposes described in such paragraph.
SEC. 5333. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in coordination with the Intelligence
Community Inspectors General Forum, shall develop
recommendations, applicable to all inspectors general of
elements of the intelligence community, regarding the
harmonization, where appropriate, of instructions, policies,
and directives relating to processes, procedures, and timelines
for claims and appeals relating to allegations of personnel
actions prohibited under section 1104 of the National Security
Act of 1947 or reprisals prohibited by section 3001(j)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(50 U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing
recommendations under subsection (a), the Inspector General of
the Intelligence Community shall make efforts to maximize
transparency and protect whistleblowers.
SEC. 5334. OVERSIGHT BY INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
OVER INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) System for Notification of Information Relating to
Complaints by Whistleblowers Within the Intelligence
Community.--Subject to subsection (b), not later than 1 year
after the date of the enactment of this Act, the Inspector
General of the Intelligence Community, in consultation with the
Intelligence Community Inspectors General Forum, shall
establish a system whereby the Inspector General of the
Intelligence Community is notified in near real time of the
following:
(1) Submission of complaints by whistleblowers to
inspectors general of elements of the intelligence
community relating to the programs and activities under
the jurisdiction of the Director of National
Intelligence, and information related to such
complaints.
(2) Actions taken by an inspector general of an
element of the Intelligence Community relating to such
complaints.
(b) Policies for Implementation.--
(1) In general.--The system established under
subsection (a) may not be implemented until the
Inspector General of the Intelligence Community, in
consultation with the Intelligence Community Inspectors
General Forum, has developed and released to each of
the inspectors general of the elements of the
intelligence community written policies regarding the
implementation of such subsection.
(2) Requirements.--The policies required by
paragraph (1) shall--
(A) protect the privacy of whistleblowers,
including by preventing dissemination without
the consent of the whistleblower, of any
information submitted previously by a
whistleblower to an inspector general of an
element of the intelligence community; and
(B) ensure compliance with the requirements
of subsection (a), while--
(i) ensuring that the Inspector
General of the Intelligence Community
can oversee whistleblower policies and
practices and identify matters that, in
the judgment of the Inspector General
of the Intelligence Community, may be
the subject of an investigation,
inspection, audit, or review by the
Inspector General of the Intelligence
Community; and
(ii) avoiding the imposition of
inappropriate resource burdens on
inspectors general of elements of the
intelligence community.
SEC. 5335. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Inspector General
of the Intelligence Community and the Intelligence Community
Inspectors General Forum, submit to the congressional
intelligence committees a report on access to cleared attorneys
by whistleblowers in the intelligence community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following with respect to the 3-year
period preceding the date of the report:
(1) The number of whistleblowers in the
intelligence community who requested, through formal
submission or verbal request, to retain a cleared
attorney and at what stage they requested an attorney.
(2) The number of such limited security agreements
approved, rejected, or pending.
(3) The scope and clearance levels of such limited
security agreements.
(4) The number of such whistleblowers represented
by cleared counsel.
(5) Recommendations for legislative or
administrative action to ensure that whistleblowers in
the intelligence community have access to cleared
attorneys, including improvements to the limited
security agreement process and such other options as
the Inspector General of the Intelligence Community
considers appropriate.
(c) Survey.--The Inspector General of the Intelligence
Community shall ensure that the report submitted under
subsection (a) is based on--
(1) data from a survey of whistleblowers whose
identity may be shared, as appropriate, with the
Inspector General of the Intelligence Community by
means of the system established pursuant to section
5334;
(2) information obtained from the inspectors
general of the intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
Subtitle D--Central Intelligence Agency
SEC. 5341. CLARIFICATION OF CERTAIN AUTHORITY OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 8(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510(a)(1)) is amended by inserting before
``rental of'' the following: ``payment of death benefits in
cases in which the circumstances of the death of an employee of
the Agency, a detailee of the Agency or other employee of
another department or agency of the Federal Government assigned
to the Agency, or an individual affiliated with the Agency (as
determined by the Director), is not covered by section 11,
other similar provisions of Federal law, or any regulation
issued by the Director providing death benefits, but that the
Director determines such payment appropriate;''.
TITLE LIV--SECURITY CLEARANCES
SEC. 5401. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS.
(a) Definition of Security Executive Agent.--In this
section, the term ``Security Executive Agent'' means the
officer serving as the Security Executive Agent pursuant to
section 803 of the National Security Act of 1947, as added by
section 6605.
(b) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall issue a policy that requires the head of each Federal
agency to create, not later than December 31, 2023, an
electronic portal that can be used by human resources personnel
and applicants for security clearances to view information
about the status of an application for a security clearance and
the average time required for each phase of the security
clearance process.
SEC. 5402. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO
PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY
PARTNERS.
(a) Definitions.--In this section:
(1) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the
Security Executive Agent pursuant to section 803 of the
National Security Act of 1947, as added by section
6605.
(2) Appropriate industry partner.--The term
``appropriate industry partner'' means a contractor,
licensee, or grantee (as defined in section 101(a) of
Executive Order 12829 (50 U.S.C. 3161 note; relating to
National Industrial Security Program), as in effect on
the day before the date of the enactment of this Act)
that is participating in the National Industrial
Security Program established by such Executive Order.
(b) Sharing of Policies and Plans Required.--Each head of a
Federal agency shall share policies and plans relating to
security clearances with appropriate industry partners directly
affected by such policies and plans in a manner consistent with
the protection of national security as well as the goals and
objectives of the National Industrial Security Program
administered pursuant to Executive Order 12829 (50 U.S.C. 3161
note; relating to the National Industrial Security Program).
(c) Development of Policies and Procedures Required.--Not
later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Director of the National
Industrial Security Program shall jointly develop policies and
procedures by which appropriate industry partners with proper
security clearances and a need to know can have appropriate
access to the policies and plans shared pursuant to subsection
(b) that directly affect those industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 5501. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE RUSSIAN FEDERATION.
(a) Reports.--Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as amended by section 5511, is
further amended by adding at the end the following new section:
``SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE RUSSIAN FEDERATION.
``(a) Requirement.--On an annual basis, the Director of the
National Counterintelligence and Security Center shall submit
to the congressional intelligence committees a report on the
influence operations and campaigns in the United States
conducted by the Russian Federation.
``(b) Contents.--Each report under subsection (a) shall
include the following:
``(1) A description and listing of the Russian
organizations and persons involved in influence
operations and campaigns operating in the United States
as of the date of the report.
``(2) An assessment of organizations that are
associated with or receive funding from organizations
and persons identified in paragraph (1), particularly
such entities operating in the United States.
``(3) A description of the efforts by the
organizations and persons identified in paragraph (1)
to target, coerce, and influence populations within the
United States.
``(4) An assessment of the activities of the
organizations and persons identified in paragraph (1)
designed to influence the opinions of elected leaders
of the United States or candidates for election in the
United States.
``(5) With respect to reports submitted after the
first report, an assessment of the change in goals,
tactics, techniques, and procedures of the influence
operations and campaigns conducted by the organizations
and persons identified in paragraph (1).
``(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
``(d) Form.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 5511, is further amended by inserting after the item
relating to section 1107 the following new item:
``Sec. 1108. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees the first report under
section 1108 of the National Security Act of 1947, as added by
subsection (a), by not later than 180 days after the date of
the enactment of this Act.
SEC. 5502. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE FINANCIAL AND
OTHER ASSETS OF VLADIMIR PUTIN.
(a) Sense of Congress.--It is the sense of Congress that
the United States should do more to expose the corruption of
Vladimir Putin, whose ill-gotten wealth is perhaps the most
powerful global symbol of his dishonesty and his persistent
efforts to undermine the rule of law and democracy in the
Russian Federation.
(b) Assessment.--Not later than 180 days after the date of
the enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence shall submit to the appropriate congressional
committees an assessment, based on all sources of intelligence,
on the net worth and financial and other assets, legitimate as
well as illegitimate, of Vladimir Putin and his family members,
including--
(1) the estimated net worth of Vladimir Putin and
his family members;
(2) a description of their legitimately and
illegitimately obtained assets, including all real,
personal, and intellectual property, bank or investment
or similar accounts, and any other financial or
business interests or holdings, including those outside
of Russia;
(3) the details of the legitimately and
illegitimately obtained assets, including real,
personal, and intellectual property, bank or investment
or similar accounts, and any other financial or
business interests or holdings, including those outside
of Russia, that are owned or controlled by, accessible
to, or otherwise maintained for the benefit of Vladimir
Putin, including their nature, location, manner of
acquisition, value, and publicly named owner (if other
than Vladimir Putin);
(4) the methods used by Vladimir Putin or others
acting at his direction, with his knowledge, or for his
benefit, to conceal Putin's interest in his accounts,
holdings, or other assets, including the establishment
of ``front'' or shell companies and the use of
intermediaries; and
(5) an identification of the most significant
senior Russian political figures, oligarchs, and any
other persons who have engaged in activity intended to
conceal the true financial condition of Vladimir Putin.
(c) Form.--The assessment required under subsection (b)
shall be submitted either--
(1) in unclassified form to the extent consistent
with the protection of intelligence sources and
methods, and may include a classified annex; or
(2) simultaneously as both an unclassified version
and a classified version.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Finance of the Senate; and
(2) the Permanent Select Committee on Intelligence,
Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means
of the House of Representatives.
SEC. 5503. ASSESSMENTS OF INTENTIONS OF POLITICAL LEADERSHIP OF THE
RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence, and the head of any element of the intelligence
community that the Director determines appropriate, shall
submit to the appropriate congressional committees each of the
assessments described in subsection (b).
(b) Assessments Described.--The assessments described in
this subsection are assessments based on intelligence obtained
from all sources that assess the current intentions of the
political leadership of the Russian Federation with respect to
the following:
(1) Potential military action against members of
the North Atlantic Treaty Organization (NATO).
(2) Potential responses to an enlarged United
States or NATO military presence in eastern Europe or
to increased United States military support for allies
and partners in the region, such as the provision of
additional lethal military equipment to Ukraine or
Georgia.
(3) Potential actions taken for the purpose of
exploiting perceived divisions among the governments of
Russia's Western adversaries.
(c) Form.--Each assessment required under subsection (a)
may be submitted in classified form but shall also include an
unclassified executive summary, consistent with the protection
of intelligence sources and methods.
(d) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, and the Committee on
Armed Services of the House of Representatives; and
(2) the Select Committee on Intelligence, the
Committee on Foreign Relations, and the Committee on
Armed Services of the Senate.
Subtitle B--Matters Relating to China
SEC. 5511. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
(a) Reports.--Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as amended by section 5332, is
further amended by adding at the end the following new section:
``SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
``(a) Requirement.--On an annual basis, consistent with the
protection of intelligence sources and methods, the Director of
the National Counterintelligence and Security Center shall
submit to the congressional intelligence committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
on the influence operations and campaigns in the United States
conducted by the Communist Party of China.
``(b) Contents.--Each report under subsection (a) shall
include the following:
``(1) A description of the organization of the
United Front Work Department of the People's Republic
of China, or the successors of the United Front Work
Department, and the links between the United Front Work
Department and the Central Committee of the Communist
Party of China.
``(2) An assessment of the degree to which
organizations that are associated with or receive
funding from the United Front Work Department,
particularly such entities operating in the United
States, are formally tasked by the Chinese Communist
Party or the Government of China.
``(3) A description of the efforts by the United
Front Work Department and subsidiary organizations of
the United Front Work Department to target, coerce, and
influence foreign populations, particularly those of
ethnic Chinese descent.
``(4) An assessment of attempts by the Chinese
Embassy, consulates, and organizations affiliated with
the Chinese Communist Party (including, at a minimum,
the United Front Work Department) to influence the
United States-based Chinese Student Scholar
Associations.
``(5) A description of the evolution of the role of
the United Front Work Department under the leadership
of the President of China.
``(6) An assessment of the activities of the United
Front Work Department designed to influence the
opinions of elected leaders of the United States, or
candidates for elections in the United States, with
respect to issues of importance to the Chinese
Communist Party.
``(7) A listing of all known organizations
affiliated with the United Front Work Department that
are operating in the United States as of the date of
the report.
``(8) With respect to reports submitted after the
first report, an assessment of the change in goals,
tactics, techniques, and procedures of the influence
operations and campaigns conducted by the Chinese
Communist Party.
``(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
``(d) Form.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947, as amended by
section 5332, is further amended by inserting after the item
relating to section 1106 the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate the first report under section
1107 of the National Security Act of 1947, as added by
subsection (a), by not later than 180 days after the date of
the enactment of this Act.
SEC. 5512. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES IN THE
XINJIANG REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, consistent with the protection of
intelligence sources and methods, the Director of National
Intelligence shall, in consultation with the Secretary of
State, submit to the congressional intelligence committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate a report
on activity by the People's Republic of China to repress ethnic
Muslim minorities in the Xinjiang region of China.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) An assessment of the number of individuals
detained in ``political reeducation camps'', and the
conditions in such camps for detainees, in the Xinjiang
region of China, including whether detainees endure
torture, forced renunciation of faith, or other
mistreatment.
(2) A description, as possible, of the geographic
location of such camps.
(3) A description, as possible, of the methods used
by China to ``reeducate'' detainees and the elements of
China responsible for such ``reeducation''.
(4) A description of any forced labor in such
camps, and any labor performed in regional factories
for low wages under the threat of being sent back to
``political reeducation camps''.
(5) An assessment of the level of access China
grants to foreign persons observing the situation in
Xinjiang and a description of measures used to impede
efforts to monitor the conditions in Xinjiang.
(6) An assessment of the surveillance, detection,
and control methods used by China to target ethnic
minorities, including new ``high-tech'' policing models
and a description of any civil liberties or privacy
protections provided under such models.
(7) An assessment and identification of the
technological and financial support provided by United
States-based companies, including technological support
for the development of facial recognition capabilities
or technologies for digital surveillance, social
control, or censorship, and financial support,
including from financial institutions, investment
vehicles, and pension funds, to China-based companies
or Chinese government entities providing material
support to the digital surveillance or repression of
Uyghur and other ethnic minorities in Xinjiang by the
Xinjiang authorities.
(c) Coordination.--The Director of National Intelligence
shall carry out subsection (a) in coordination with the
Director of the Central Intelligence Agency, the Director of
the National Security Agency, the Director of the National
Geospatial-Intelligence Agency, and the head of any other
agency of the Federal Government that the Director of National
Intelligence determines appropriate.
(d) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 5513. REPORT ON EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO INFLUENCE
ELECTION IN TAIWAN.
(a) Report.--Consistent with section 3(c) of the Taiwan
Relations Act (Public Law 96-8; 22 U.S.C. 3302(c)), and
consistent with the protection of intelligence sources and
methods, not later than 45 days after the date of the election
for the President and Vice President of Taiwan in 2020, the
Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report on any--
(1) influence operations conducted by China to
interfere in or undermine such election; and
(2) efforts by the United States to disrupt such
operations.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of any significant efforts by the
intelligence community to coordinate technical and
material support for Taiwan to identify, disrupt, and
combat influence operations specified in subsection
(a)(1).
(2) A description of any efforts by the United
States Government to build the capacity of Taiwan to
disrupt external efforts that degrade a free and fair
election process.
(3) An assessment of whether and to what extent
China conducted influence operations specified in
subsection (a)(1), and, if such operations occurred--
(A) a comprehensive list of specific
governmental and nongovernmental entities of
China that were involved in supporting such
operations and a description of the role of
each such entity; and
(B) an identification of any tactics,
techniques, and procedures used in such
operations.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Subtitle C--Matters Relating to Other Countries
SEC. 5521. SENSE OF CONGRESS AND REPORT ON IRANIAN EFFORTS IN SYRIA AND
LEBANON.
(a) Sense of Congress.--It is the sense of Congress that,
regardless of the ultimate number of United States military
personnel deployed to Syria, it is a vital interest of the
United States to prevent the Islamic Republic of Iran,
Hizballah, and other Iranian-backed forces from establishing a
strong and enduring presence in Syria that can be used to
project power in the region and threaten the United States and
its allies, including Israel.
(b) Report.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the
Secretary of State and the Secretary of Defense, shall
submit to the appropriate congressional committees a
report that assesses--
(A) efforts by Iran to establish long-term
influence in Syria through military, political,
economic, social, and cultural means;
(B) the degree to which Iranian support of
proxy forces in Syria and Lebanon contributes
to Iranian strategy with respect to the region;
and
(C) the threat posed by the efforts
described in subparagraph (A) to United States
interests and allies.
(2) Elements.--The report under paragraph (1) shall
include each of the following:
(A) An assessment of--
(i) how Iran and Iranian-backed
forces, including the Islamic
Revolutionary Guard Corps and
Hizballah, have provided or are
currently providing manpower, training,
weapons, equipment, and funding to the
Syrian government led by President
Bashar al-Assad;
(ii) the support provided by Iran
and Hizballah to Shia militias
operating in Syria composed of domestic
fighters from Syria and foreign
fighters from countries such as
Afghanistan, Iraq, Lebanon, and
Pakistan;
(iii) operational lessons learned
by Hizballah based on the recent
experiences of Hizballah in Syria;
(iv) the threat posed by Iran and
Iranian-backed forces to--
(I) the al-Tanf garrison;
and
(II) areas of northeast
Syria that are currently
controlled by local partner
forces of the United States;
(v) the degree to which efforts of
the United States to sustain and
strengthen Kurdish forces in Syria may
undermine the influence of Iran and
Iranian-backed forces in Syria;
(vi) how Iran and Iranian-backed
forces seek to enhance the long-term
influence of such entities in Syria
through non-military means such as
purchasing strategic real estate in
Syria, constructing Shia religious
centers and schools, securing loyalty
from Sunni tribes in exchange for
material assistance, and inducing the
Assad government to open Farsi-language
departments at Syrian universities;
(vii) whether the prominent role of
Iran in Syria, including the influence
of Iran over government institutions,
may increase the likelihood of the
reconstitution of the Islamic State of
Iraq and Syria in Syria; and
(viii) the provision of goods,
services, or technology transferred by
Iran or its affiliates to Hizballah for
the purpose of indigenously
manufacturing or otherwise producing
missiles.
(B) An analysis of--
(i) how Iran is working with the
Russian Federation, Turkey, and other
countries to increase the influence of
Iran in Syria;
(ii) the goals of Iran in Syria,
including, but not limited to,
protecting the Assad government,
increasing the regional influence of
Iran, threatening Israel from a more
proximate location, building weapon-
production facilities and other
military infrastructure, and securing a
land bridge to connect Iran through
Iraq and Syria to the stronghold of
Hizballah in southern Lebanon; and
(iii) the foreign and domestic
supply chains that significantly
facilitate, support, or otherwise aid
acquisition or development by Hizballah
of missile production facilities,
including the geographic distribution
of such foreign and domestic supply
chains.
(C) A description of--
(i) how the efforts of Iran to
transfer advanced weapons to Hizballah
and to establish a military presence in
Syria has led to direct and repeated
confrontations with Israel;
(ii) the intelligence and military
support that the United States provides
to Israel to help Israel identify and
appropriately address specific threats
to Israel from Iran and Iranian-backed
forces in Syria;
(iii) the threat posed to Israel
and other allies of the United States
in the Middle East resulting from the
transfer of arms or related material,
or other support, by Iran to Hizballah
and other proxies;
(iv) Iranian and Iranian-controlled
personnel operating within Syria,
including Hizballah, Shiite militias,
and Revolutionary Guard Corps forces of
Iran, and the number and geographic
distribution of such personnel;
(v) any rocket-producing facilities
in Lebanon for nonstate actors,
including whether such facilities were
assessed to be built at the direction
of Hizballah leadership, Iranian
leadership, or in consultation between
Iranian leadership and Hizballah
leadership; and
(vi) Iranian expenditures in the
previous calendar year on military and
terrorist activities outside the
country, including the amount of such
expenditures with respect to each of
Hizballah, Houthi rebels in Yemen,
Hamas, proxy forces in Iraq and Syria,
ballistic missile research and testing,
and any other entity, country, or
activity that the Director determines
as destabilizing to the Middle East
region.
(3) Form of report.--The report under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--
the term ``appropriate congressional
committees'' means--
(i) the Committee on Armed
Services, the Committee on Foreign
Relations, and the Select Committee on
Intelligence of the Senate; and
(ii) the Committee on Armed
Services, the Committee on Foreign
Affairs, and the Permanent Select
Committee on Intelligence of the House
of Representatives.
(B) Arms or related material.--The term
``arms or related material'' means--
(i) nuclear, biological, chemical,
or radiological weapons or materials or
components of such weapons;
(ii) ballistic or cruise missile
weapons or materials or components of
such weapons;
(iii) destabilizing numbers and
types of advanced conventional weapons;
(iv) defense articles or defense
services, as those terms are defined in
paragraphs (3) and (4), respectively,
of section 47 of the Arms Export
Control Act (22 U.S.C. 2794);
(v) defense information, as that
term is defined in section 644 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2403); or
(vi) items designated by the
President for purposes of the United
States Munitions List under section
38(a)(1) of the Arms Export Control Act
(22 U.S.C. 2778(a)(1)).
SEC. 5522. ASSESSMENTS REGARDING THE NORTHERN TRIANGLE AND MEXICO.
(a) Assessment.--
(1) Report.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Under Secretary
of Homeland Security for Intelligence and Analysis, the
Assistant Secretary of State for Intelligence and
Research, the Chief of Intelligence of the Drug
Enforcement Administration, and other appropriate
officials in the intelligence community, shall submit
to the appropriate congressional committees a report
containing a comprehensive assessment of drug
trafficking, human trafficking, and human smuggling
activities in the Northern Triangle and Mexico.
(2) Matters included.--The report under paragraph
(1) shall include, at a minimum, the following:
(A) An assessment of the effect of drug
trafficking, human trafficking, and human
smuggling on the security and economic
situation in the Northern Triangle.
(B) An assessment of the effect of the
activities of drug trafficking organizations on
the migration of persons from the Northern
Triangle to the United States-Mexico border.
(C) A summary of any relevant activities by
elements of the intelligence community in
relation to drug trafficking, human
trafficking, and human smuggling in the
Northern Triangle and Mexico.
(D) An assessment of methods and routes
used by drug trafficking organizations, human
traffickers, and human smugglers to move drugs,
persons, or both from the Northern Triangle and
Mexico to the United States.
(E) An assessment of the intersection
between the activities of drug trafficking
organizations, human traffickers and human
smugglers, and other organized criminal groups
in the Northern Triangle and Mexico.
(F) An assessment of the illicit funds and
financial transactions that support the
activities of drug trafficking organizations,
human traffickers, and human smugglers, and
connected criminal enterprises, in the Northern
Triangle and Mexico.
(G) A comprehensive review of the current
collection priorities of the intelligence
community for the Northern Triangle and Mexico,
as of the date of the enactment of this Act, in
order to identify whether such priorities are
appropriate and sufficient in light of the
threat posed by the activities of drug
trafficking organizations and human traffickers
and human smugglers to the security of the
United States and the Western Hemisphere.
(3) Form.--The report required by paragraph (1) may
be submitted in classified form, but if so submitted,
shall contain an unclassified summary.
(4) Availability.--The report under paragraph (1),
or the unclassified summary of the report described in
paragraph (3), shall be made publicly available.
(b) Briefings.--
(1) Semiannual requirement.--Not later than 90 days
after the date on which the report under subsection (a)
is submitted, and every 180 days thereafter for a 5-
year period, the Director of National Intelligence
shall provide to the congressional intelligence
committees a briefing on the intelligence community's
collection priorities and activities in the Northern
Triangle and Mexico with a focus on the threat posed by
the activities of drug trafficking organizations and
human traffickers and human smugglers to the security
of the United States and the Western Hemisphere.
(2) Matters included.--Each briefing under
paragraph (1) shall include a description of the funds
expended by the intelligence community on the efforts
described in such paragraph during the preceding fiscal
year, except the first such briefing shall cover fiscal
years 2018 and 2019.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the
Committee on Homeland Security, and the
Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Select Committee on
Intelligence of the Senate.
(2) Human trafficking.--The term ``human
trafficking'' has the meaning given the term ``severe
forms of trafficking in persons'' by section 103 of the
Victims of Trafficking and Violence Protection Act of
2000 (22 U.S.C. 7102).
(3) Northern triangle.--The term ``Northern
Triangle'' means El Salvador, Guatemala, and Honduras.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
SEC. 5601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on
Intelligence, the Committee on Homeland
Security, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Select Committee on Intelligence,
the Committee on Homeland Security and
Governmental Affairs, and the Committee on the
Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic
terrorism'' has the meaning given that term in section
2331 of title 18, United States Code.
(3) Hate crime.--The term ``hate crime'' means a
criminal offense under--
(A) sections 241, 245, 247, and 249 of
title 18, United States Code; and
(B) section 3631 of title 42, United States
Code.
(4) International terrorism.--The term
``international terrorism'' has the meaning given that
term in section 2331 of title 18, United States Code.
(5) Terms in attorney general's guidelines for
domestic fbi operations.--The terms ``assessments'',
``full investigations'', ``enterprise investigations'',
``predicated investigations'', and ``preliminary
investigations'' have the meanings given those terms in
the most recent, approved version of the Attorney
General's Guidelines for Domestic FBI Operations (or
successor).
(6) Terms in fbi budget materials.--The terms
``Consolidated Strategy Guide'', ``Field Office
Strategic Plan'', ``Integrated Program Management
Process'', and ``Threat Review and Prioritization''
have the meanings given those terms in the materials
submitted to Congress by the Attorney General in
support of the Federal Bureau of Investigation budget
for fiscal year 2020.
(7) Terrorism.--The term ``terrorism'' includes
domestic terrorism and international terrorism.
(8) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in
section 1016(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(9) Time utilization and recordkeeping data.--The
term ``time utilization and recordkeeping data'' means
data collected on resource utilization and workload
activity of personnel of the Federal Bureau of
Investigation in accordance with Federal law.
SEC. 5602. STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC
TERRORISM.
(a) Report on Standardization of Terminology and Procedures
Relating to Domestic Terrorism.--Not later than 90 days after
the date of the enactment of this Act, the Director of the
Federal Bureau of Investigation and the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence in a manner consistent with the authorities and
responsibilities of such Director, shall jointly--
(1) develop, to the fullest extent feasible and for
purposes of internal recordkeeping and tracking,
uniform and standardized--
(A) definitions of the terms ``domestic
terrorism'', ``act of domestic terrorism'',
``domestic terrorism groups'', and any other
commonly used terms with respect to domestic
terrorism;
(B) methodologies for tracking incidents of
domestic terrorism; and
(C) descriptions of categories and
subcategories of--
(i) domestic terrorism; and
(ii) ideologies relating to
domestic terrorism;
(2) submit to the appropriate congressional
committees a report containing the information
developed under paragraph (1).
(b) Report Containing Strategic Intelligence Assessment and
Data on Domestic Terrorism.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of the
Federal Bureau of Investigation and the Secretary of
Homeland Security, in consultation with the Director of
National Intelligence in a manner consistent with the
authorities and responsibilities of such Director,
shall jointly submit to the appropriate congressional
committees a report on domestic terrorism containing
the following:
(A) The strategic intelligence assessment
under paragraph (2).
(B) The discussion of activities under
paragraph (3).
(C) Data on domestic terrorism under
paragraph (4).
(D) Recommendations under paragraph (5).
(2) Strategic intelligence assessment.--
(A) Assessment required.--The Director of
the Federal Bureau of Investigation and the
Secretary of Homeland Security, in consultation
with the Director of National Intelligence in a
manner consistent with the authorities and
responsibilities of such Director, shall
prepare and include in the report under
paragraph (1) a strategic intelligence
assessment of domestic terrorism in the United
States during fiscal years 2017, 2018, and
2019.
(B) Standards.--The Director of the Federal
Bureau of Investigation and the Secretary of
Homeland Security, in consultation with the
Director of National Intelligence in a manner
consistent with the authorities and
responsibilities of such Director, shall ensure
that the strategic assessment under
subparagraph (A) complies with the analytic
integrity and tradecraft standards of the
intelligence community.
(3) Discussion of activities.--The report under
paragraph (1) shall discuss and compare the following
with respect to each applicable element of the
intelligence community:
(A) The criteria for opening, managing, and
closing domestic and international terrorism
investigations.
(B) Standards and procedures for the
Federal Bureau of Investigation with respect to
the review, prioritization, and mitigation of
domestic and international terrorism threats in
the United States.
(C) The planning (including plans of
analysis of the Federal Bureau of
Investigation, Department of Homeland Security,
and National Counterterrorism Center),
development, production, analysis, and
evaluation of intelligence and intelligence
products relating to terrorism, noting any
differences with respect to domestic terrorism
and international terrorism.
(D) The sharing of information relating to
domestic and international terrorism by and
between--
(i) the Federal Government;
(ii) State, local, Tribal,
territorial, and foreign governments;
(iii) the appropriate congressional
committees;
(iv) nongovernmental organizations;
and
(v) the private sector.
(E) The criteria and methodology used by
the Federal Bureau of Investigation to identify
or assign terrorism classifications to
investigations of domestic terrorism.
(F) Compliance by the Federal Government
with privacy, civil rights, and civil liberties
policies and protections applicable to the
production of the report under paragraph (1),
including protections against the public
release of names or other personally
identifiable information of individuals
involved in incidents, investigations,
indictments, prosecutions, or convictions for
which data is reported under this section.
(G) Information regarding any training or
resources provided by the Federal Bureau of
Investigation, the Department of Homeland
Security, or the National Counterterrorism
Center, to assist Federal, State, local, and
Tribal law enforcement agencies in
understanding, detecting, deterring, and
investigating acts of domestic terrorism,
including the date, type, subject, and
recipient agencies of such training or
resources.
(4) Data on domestic terrorism.--
(A) Data required.--In accordance with
subparagraph (B), the report under paragraph
(1) shall include the following data for the
period beginning on January 1, 2009, and ending
on the date of the enactment of this Act:
(i) For each completed or attempted
incident of domestic terrorism that has
occurred in the United States during
such period--
(I) a description of such
incident;
(II) the date and location
of such incident;
(III) the number and type
of completed and attempted
Federal nonviolent crimes
committed during such incident;
(IV) the number and type of
completed and attempted Federal
and State property crimes
committed during such incident,
including an estimate of
economic damages resulting from
such crimes; and
(V) the number and type of
completed and attempted Federal
violent crimes committed during
such incident, including the
number of people injured or
killed as a result of such
crimes.
(ii) For such period--
(I) an identification of
each assessment, preliminary
investigation, full
investigation, and enterprise
investigation with a nexus to
domestic terrorism opened,
pending, or closed by the
Federal Bureau of
Investigation;
(II) the number of
assessments or investigations
identified under subclause (I)
associated with each domestic
terrorism investigative
classification (including
subcategories);
(III) the number of
assessments or investigations
described in subclause (II)
initiated as a result of a
referral or investigation by a
Federal, State, local, Tribal,
territorial, or foreign
government, of a hate crime;
(IV) the number of Federal
criminal charges with a nexus
to domestic terrorism,
including the number of
indictments and complaints
associated with each domestic
terrorism investigative
classification (including
subcategories), a summary of
the allegations contained in
each such indictment, the
disposition of the prosecution,
and, if applicable, the
sentence imposed as a result of
a conviction on such charges;
(V) referrals of incidents
of domestic terrorism by or to
State, local, Tribal,
territorial, or foreign
governments, to or by
departments or agencies of the
Federal Government, for
investigation or prosecution,
including the number of such
referrals associated with each
domestic terrorism
investigation classification
(including any subcategories),
and a summary of each such
referral that includes the
rationale for such referral and
the disposition of the
applicable Federal
investigation or prosecution;
(VI) intelligence products
produced by the intelligence
community relating to domestic
terrorism, including, with
respect to the Federal Bureau
of Investigation, the number of
such products associated with
each domestic terrorism
investigative classification
(including any subcategories);
(VII) with respect to the
Federal Bureau of
Investigation--
(aa) the number of
staff (expressed in
terms of full-time
equivalents and
positions) working on
matters relating to
domestic terrorism
described in subclauses
(I) through (VI); and
(bb) a summary of
time utilization and
recordkeeping data for
personnel working on
such matters, including
the number or
percentage of such
personnel associated
with each domestic
terrorism investigative
classification
(including any
subcategories) in the
FBI Headquarters
Operational Divisions
and Field Divisions;
(VIII) with respect to the
Office of Intelligence and
Analysis of the Department of
Homeland Security, the number
of staff (expressed in terms of
full-time equivalents and
positions) working on matters
relating to domestic terrorism
described in subclauses (I)
through (VI); and
(IX) with respect to the
National Counterterrorism
Center, the number of staff
(expressed in terms of full-
time equivalents and positions)
working on matters relating to
domestic terrorism described in
subclauses (I) through (VI),
and the applicable legal
authorities relating to the
activities of such staff.
(B) Collection and compilation.--The
requirement to submit data under paragraph
(1)--
(i) may not be construed to require
the creation or maintenance of any
record that the Federal Bureau of
Investigation, the Department of
Homeland Security, or the National
Counterterrorism Center, as the case
may be, does not maintain in the
ordinary course of business or pursuant
to another provision of law; and
(ii) shall be carried out by
collecting, compiling, or otherwise
using data and records that such
entities otherwise maintain or create.
(C) Format.--The information required under
subparagraph (A) may be provided in a format
that uses the marking associated with the
Central Records System (or any successor
system) of the Federal Bureau of Investigation.
(5) Recommendations.--
(A) In general.--The report under paragraph
(1) shall include recommendations, including
any constitutional analysis conducted relating
to such recommendations, with respect to the
following:
(i) The necessity of changing
authorities, roles, resources, or
responsibilities within the Federal
Government to more effectively prevent
and counter domestic terrorism
activities.
(ii) Measures necessary to ensure
the protection of privacy and civil
liberties in the carrying out of
activities relating to countering
domestic terrorism.
(B) Consultation.--In developing
recommendations pursuant to subparagraph
(A)(ii), the Director of the Federal Bureau of
Investigation and the Secretary of Homeland
Security, in consultation with the Director of
National Intelligence, may seek the advice of
the Privacy and Civil Liberties Oversight
Board.
(c) Provision of Other Documents and Materials.--
(1) In general.--Together with the report under
subsection (b)(1), the Director of the Federal Bureau
of Investigation and the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence in a manner consistent with the
authorities and responsibilities of such Director,
shall also submit to the appropriate congressional
committees the following documents and materials in
complete and unredacted form:
(A) With respect to the Federal Bureau of
Investigation, at a minimum, the most recent,
approved versions of--
(i) the Attorney General's
Guidelines for Domestic FBI Operations
(or any successor);
(ii) the FBI Domestic
Investigations and Operations Guide (or
any successor);
(iii) the FBI Counterterrorism
Policy Guide (or any successor); and
(iv) materials sufficient to show
the rankings of domestic terrorism in
relation to other threats within the
Threat Review and Prioritization
process, with respect to the
headquarters and each field office of
the Federal Bureau of Investigation.
(B) With respect to the intelligence
community--
(i) a list of all intelligence
products described in subsection
(b)(4)(A)(ii)(VI); and
(ii) a means of accessing each such
product.
(2) Nonduplication.--If any documents or materials
required under paragraph (1) have been previously
submitted to the appropriate congressional committees
under such paragraph and have not been modified since
such submission, the Director of the Federal Bureau of
Investigation, the Secretary of Homeland Security, and
the Director of National Intelligence may provide a
list of such documents or materials in lieu of making
the submission under paragraph (1) for those documents
or materials.
(d) Annual Updates.--During the 5-year period following the
date of the submission of the reports under subsections (b) and
(c), the Director of the Federal Bureau of Investigation and
the Secretary of Homeland Security, in consultation with the
Director of National Intelligence in a manner consistent with
the authorities and responsibilities of such Director, shall
jointly submit to the appropriate congressional committees
annual updates to the reports submitted under subsections (a),
(b), and (c).
(e) Classification and Public Release.--The reports under
subsections (a), (b), and (d) shall be--
(1) unclassified, but may contain a classified
annex;
(2) with respect to the unclassified portion of the
report, made available on the public internet websites
of the Federal Bureau of Investigation, the Department
of Homeland Security, and the National Counterterrorism
Center--
(A) not later than 30 days after submission
to the appropriate congressional committees;
and
(B) in an electronic format that is fully
indexed and searchable; and
(3) with respect to a classified annex, submitted
to the appropriate congressional committees in an
electronic format that is fully indexed and searchable.
(f) Information Quality.--The reports under subsections
(a), (b), and (d), to the extent applicable, shall comply with
the guidelines issued by the Director of the Office of
Management and Budget pursuant to section 515 of title V of the
Consolidated Appropriations Act, 2001 (Public Law 106-554; 114
Stat. 2763A-154).
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
SEC. 5701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO CONGRESS OF
CERTAIN REPORTS.
(a) Modification of Reports Relating to Guantanamo Bay.--
(1) Modification.--Section 506I(b) of the National
Security Act of 1947 (50 U.S.C. 3105(b)) is amended by
striking ``once every 6 months'' and inserting
``annually''.
(2) Modification.--Section 319(a) of the
Supplemental Appropriations Act, 2009 (10 U.S.C. 801
note) is amended by striking ``every 90 days'' and
inserting ``annually''.
(b) Modification to Reports on Analytic Integrity.--
Subsection (c) of section 1019 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364) is amended--
(1) in the heading, by striking ``Reports'' and
inserting ``Briefings''; and
(2) by striking ``submit to the congressional
intelligence committees, the heads of the relevant
elements of the intelligence community, and the heads
of analytic training departments a report containing''
and inserting ``provide to the congressional
intelligence committees, the heads of the relevant
elements of the intelligence community, and the heads
of analytic training departments a briefing with''.
(c) Repeal of Reports Relating to Intelligence Functions.--
Section 506J of the National Security Act of 1947 (50 U.S.C.
3105a) is repealed and the table of contents in the first
section of such Act is amended by striking the item relating to
section 506J.
(d) Modification of Required Reports Relating to
Entertainment Industry.--Section 308 of the Intelligence
Authorization Act for Fiscal Year 2017 (50 U.S.C. 3332) is
amended--
(1) in subsection (b)(2)--
(A) by striking ``paragraph (1) shall--''
and all that follows through ``permit an
element'' and insert ``paragraph (1) shall
permit an element'';
(B) by striking ``approval; and'' and
inserting ``approval.''; and
(C) by striking subparagraph (B); and
(2) by striking subsection (c) and inserting the
following new subsection:
``(c) Information on Prior Year Engagements.--At the
written request of either of the congressional intelligence
committees, the Director of National Intelligence shall submit
to such committees information with respect to engagements
occurring during the calendar year prior to the year during
which such request is made. Such information may include--
``(1) a description of the nature and duration of
each such engagement;
``(2) the cost incurred by the United States
Government for each such engagement;
``(3) a description of the benefits to the United
States Government for each such engagement;
``(4) a determination of whether any information
was declassified, and whether any classified
information was improperly disclosed, for each such
engagement; and
``(5) a description of the work produced through
each such engagement.''.
SEC. 5702. INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM BUDGET OF
THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Consistent with section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a)), the recent practice of the
intelligence community has been to release to the
public--
(A) around the date on which the President
submits to Congress a budget for a fiscal year
pursuant to section 1105 of title 31, United
States Code, the ``top-line'' amount of total
funding requested for the National Intelligence
Program for such fiscal year; and
(B) the amount of requested and
appropriated funds for the National
Intelligence Program and Military Intelligence
Program for certain prior fiscal years,
consistent with the protection of intelligence
sources and methods.
(2) The Directorate of Strategic Operational
Planning of the National Counterterrorism Center is
responsible for producing an annual National
Counterterrorism Budget report, which examines the
alignment of intelligence and other resources in the
applicable fiscal year budget with the counterterrorism
goals and areas of focus in the National Strategy for
Counterterrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) despite the difficulty of compiling and
releasing to the public comprehensive information on
the resource commitments of the United States to
counterterrorism activities and programs, including
with respect to such activities and programs of the
intelligence community, the United States Government
could take additional steps to enhance the
understanding of the public with respect to such
resource commitments, in a manner consistent with the
protection of intelligence sources and methods and
other national security interests; and
(2) the United States Government should release to
the public as much information as possible regarding
the funding of counterterrorism activities and
programs, including activities and programs of the
intelligence community, in a manner consistent with the
protection of intelligence sources and methods and
other national security interests.
(c) Briefing on Public Release of Information.--
(1) Requirement.--Not later than 90 days after the
date of the enactment of this Act, and not later than
90 days after the beginning of each fiscal year
thereafter, the President shall ensure that the
congressional intelligence committees receive a
briefing from appropriate personnel of the United
States Government on the feasibility of releasing to
the public additional information relating to
counterterrorism efforts of the intelligence community.
(2) Elements.--Each briefing required by paragraph
(1) shall include a discussion of the feasibility of--
(A) subject to paragraph (3), releasing to
the public the National Counterterrorism Budget
report described in subsection (a)(2) for the
prior fiscal year; and
(B) declassifying other reports, documents,
or activities of the intelligence community
relating to counterterrorism and releasing such
information to the public in a manner
consistent with the protection of intelligence
sources and methods and other national security
interests.
(3) Release of national counterterrorism budget
report.--The President may satisfy the requirement
under paragraph (2)(A) during a fiscal year by, not
later than 90 days after the beginning of the fiscal
year, releasing to the public the National
Counterterrorism Budget report (with any redactions the
Director determines necessary to protect intelligence
sources and methods and other national security
interests) for the prior fiscal year.
SEC. 5703. STUDY ON ROLE OF RETIRED AND FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY WITH RESPECT TO CERTAIN
FOREIGN INTELLIGENCE OPERATIONS.
(a) Study.--The Director of National Intelligence shall
conduct a study on former intelligence personnel providing
covered intelligence assistance.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An identification of, and discussion of the
effectiveness of, existing laws, policies, procedures,
and other measures relevant to the ability of elements
of the intelligence community to prevent former
intelligence personnel from providing covered
intelligence assistance--
(A) without proper authorization; or
(B) in a manner that would violate legal or
policy controls if the personnel performed such
assistance while working for the United States
Government; and
(2) Make recommendations for such legislative,
regulatory, policy, or other changes as may be
necessary to ensure that the United States consistently
meets the objectives described in paragraph (1).
(c) Report and Plan.--Not later than 90 days after the date
of the enactment of this Act, the Director shall submit to the
congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the Committee on Homeland Security of the House of
Representatives--
(1) a report on the findings of the Director with
respect to each element of the study under subsection
(a); and
(2) a plan to implement any recommendations made by
the Director that the Director may implement without
changes to Federal law.
(d) Form.--The report and plan under subsection (c) may be
submitted in classified form.
(e) Definitions.--In this section:
(1) Covered intelligence assistance.--The term
``covered intelligence assistance'' means assistance--
(A) provided by former intelligence
personnel directly to, or for the benefit of,
the government of a foreign country or
indirectly to, or for the benefit of, such a
government through a company or other entity;
and
(B) that relates to intelligence, military,
or law enforcement activities of a foreign
country, including with respect to operations
that involve abuses of human rights, violations
of the laws of the United States, or
infringements on the privacy rights of United
States persons.
(2) Former intelligence personnel.--The term
``former intelligence personnel'' means retired or
former personnel of the intelligence community,
including civilian employees of elements of the
intelligence community, members of the Armed Forces,
and contractors of elements of the intelligence
community.
SEC. 5704. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Modification of Requirement for Annual Report on Hiring
and Retention of Minority Employees.--
(1) Expansion of period of report.--Subsection (a)
of section 114 of the National Security Act of 1947 (50
U.S.C. 3050) is amended by inserting ``and the
preceding 5 fiscal years'' after ``fiscal year''.
(2) Clarification on disaggregation of data.--
Subsection (b) of such section is amended, in the
matter before paragraph (1), by striking
``disaggregated data by category of covered person from
each element of the intelligence community'' and
inserting ``data, disaggregated by category of covered
person and by element of the intelligence community,''.
(b) Initial Reporting.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and subject to
paragraph (3), the Director of National Intelligence
shall make available to the public, the appropriate
congressional committees, and the workforce of the
intelligence community a report which includes
aggregate demographic data and other information
regarding the diversity and inclusion efforts of the
workforce of the intelligence community.
(2) Contents.--A report made available under
paragraph (1)--
(A) shall include unclassified reports and
barrier analyses relating to diversity and
inclusion efforts;
(B) shall include aggregate demographic
data--
(i) by segment of the workforce of
the intelligence community and grade or
rank;
(ii) relating to attrition and
promotion rates;
(iii) that addresses the compliance
of the intelligence community with
validated inclusion metrics, such as
the New Inclusion Quotient index score;
and
(iv) that provides demographic
comparisons to the relevant
nongovernmental labor force and the
relevant civilian labor force;
(C) shall include an analysis of applicant
flow data, including the percentage and level
of positions for which data are collected, and
a discussion of any resulting policy changes or
recommendations;
(D) shall include demographic data relating
to participants in professional development
programs of the intelligence community and the
rate of placement into senior positions for
participants in such programs;
(E) shall include any voluntarily collected
demographic data relating to the membership of
any external advisory committee or board to
which individuals in senior positions in the
intelligence community appoint members; and
(F) may include data in proportions or
percentages to account for concerns relating to
the protection of classified information.
(c) Updates.--After making available a report under
subsection (b), the Director of National Intelligence shall
annually provide a report (which may be provided as part of an
annual report required under another provision of law) to the
workforce of the intelligence community (including senior
leadership), the public, and the appropriate congressional
committees that includes--
(1) demographic data and information on the status
of diversity and inclusion efforts of the intelligence
community;
(2) an analysis of applicant flow data, including
the percentage and level of positions for which data
are collected, and a discussion of any resulting policy
changes or recommendations; and
(3) demographic data relating to participants in
professional development programs of the intelligence
community and the rate of placement into senior
positions for participants in such programs.
(d) Expand the Collection and Analysis of Voluntary
Applicant Flow Data.--
(1) In general.--The Director of National
Intelligence shall develop a system to collect and
analyze applicant flow data for as many positions
within the intelligence community as practicable, in
order to identify areas for improvement in attracting
diverse talent, with particular attention to senior and
management positions.
(2) Phased implementation.--The collection of
applicant flow data may be implemented by the Director
of National Intelligence in a phased approach
commensurate with the resources available to the
intelligence community.
(e) Identify Additional Categories for Voluntary Data
Collection of Current Employees.--
(1) In general.--The Director of National
Intelligence may submit to the Office of Management and
Budget and to the appropriate congressional committees
a recommendation regarding whether the intelligence
community should voluntarily collect more detailed data
on demographic categories in addition to the race and
ethnicity categories specified in the statistical
policy directive issued by the Office of Management and
Budget entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity''.
(2) Process.--In making a recommendation under
paragraph (1), the Director of National Intelligence
shall--
(A) engage in close consultation with
internal stakeholders, such as employee
resource or affinity groups;
(B) ensure that there is clear
communication with the workforce of the
intelligence community--
(i) to explain the purpose of the
potential collection of such data; and
(ii) regarding legal protections
relating to any anticipated use of such
data; and
(C) ensure adherence to relevant standards
and guidance issued by the Federal Government.
(f) Definitions.--In this section:
(1) Applicant flow data.--The term ``applicant flow
data'' means data that tracks the rate of applications
for job positions among demographic categories.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the
Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on
Homeland Security, the Permanent Select
Committee on Intelligence, and the Committee on
Appropriations of the House of Representatives.
(3) Diversity.--The term ``diversity'' means
diversity of persons based on gender, race, ethnicity,
disability status, veteran status, sexual orientation,
gender identity, national origin, and other demographic
categories.
SEC. 5705. PLAN FOR STRENGTHENING THE SUPPLY CHAIN INTELLIGENCE
FUNCTION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Counterintelligence and Security Center, in coordination with
the Director of the Defense Counterintelligence and Security
Agency and other interagency partners, shall submit to the
appropriate congressional committees a plan for strengthening
the supply chain intelligence function.
(b) Elements.--The plan submitted under subsection (a)
shall address the following:
(1) The appropriate workforce model, including
size, mix, and seniority, from the elements of the
intelligence community and other interagency partners.
(2) The budgetary resources necessary to implement
the plan.
(3) The appropriate governance structure within the
intelligence community and with interagency partners.
(4) The authorities necessary to implement the
plan.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House
of Representatives and the Senate.
SEC. 5706. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY
UNITED STATES TECHNOLOGIES BY COMPANIES OR
ORGANIZATIONS LINKED TO CHINA.
(a) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the National
Counterintelligence and Security Center, the Director of the
Federal Bureau of Investigation, the Director of the Central
Intelligence Agency, the Secretary of the Treasury, and the
heads of such other Federal agencies as the Director of
National Intelligence considers appropriate, shall submit to
the congressional intelligence committees a comprehensive
economic assessment of investment in key United States
technologies, including emerging technologies, by companies or
organizations linked to China, including the implications of
these investments for the national security of the United
States.
(b) Form of Assessment.--The assessment submitted under
subsection (a) shall be submitted in unclassified form, but may
include a classified annex.
SEC. 5707. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the
Senate; and
(3) Committee on Foreign Affairs of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the appropriate committees of Congress a report
on--
(1) the threat to the national security of the
United States posed by the global and regional adoption
of fifth-generation wireless network (known as ``5G'')
technology built by foreign companies;
(2) the threat to the national security of the
United States posed by telecommunications companies
that are subject to the jurisdiction of a foreign
adversary; and
(3) possible efforts to mitigate the threat.
(c) Contents.--The report under subsection (b) shall
include--
(1) the timeline and scale of global and regional
adoption of foreign fifth-generation wireless network
technology;
(2) the implications of such global and regional
adoption on the cyber and espionage threat to the
United States, the interests of the United States, and
the cyber and collection capabilities of the United
States;
(3) the threat to the national security of the
United States from acquisition, importation, transfer,
installation, or use of any communications technology
by any person subject to the jurisdiction of the United
States that involves communications technology
designed, developed, manufactured or supplied by,
controlled by, or subject to, the jurisdiction of a
foreign adversary; and
(4) the effect of possible mitigation efforts,
including with respect to--
(A) a policy of the United States
Government promoting the use of strong, end-to-
end encryption for data transmitted over fifth-
generation wireless networks;
(B) a policy of the United States
Government promoting or funding free, open-
source implementation of fifth-generation
wireless network technology;
(C) subsidies or incentives provided by the
United States Government that could be used to
promote the adoption of secure fifth-generation
wireless network technology developed by
companies of the United States or companies of
allies of the United States; and
(D) a strategy by the United States
Government to reduce foreign influence and
political pressure in international standard-
setting bodies.
(d) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 5708. REPORT ON USE BY INTELLIGENCE COMMUNITY OF FACIAL
RECOGNITION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of facial recognition technology for
the purpose of suppressing or burdening criticism or
dissent, or for disadvantaging persons based on their
ethnicity, race, gender, sexual orientation, or
religion, is contrary to the values of the United
States;
(2) the United States Government should not engage
in the sale or transfer of facial recognition
technology to any country that is using such technology
for the suppression of human rights; and
(3) it is incumbent upon the intelligence community
to develop clear policies and procedures that prevent
the abuse of facial recognition technology.
(b) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the use of facial recognition technology
by the intelligence community. Such report shall include each
of the following:
(1) An analysis of the current use of facial
recognition technology by the intelligence community.
(2) An analysis of the accuracy of facial
recognition technology, including a discussion of the
appropriate threshold for use, and data disaggregated
by race, gender, ethnicity, and age.
(3) Whether the Government has adequate procedures
in place to audit or test technology they purchase to
assess its accuracy, including on the basis of race,
gender, ethnicity, and age.
(4) The extent to which the intelligence community
has codified policies governing the use of facial
recognition technology that adequately prevent adverse
impacts on privacy, civil rights, and civil liberties.
(5) An analysis of the ability of the intelligence
community to use facial recognition technology to
identify individuals in a way that respects
constitutional rights, civil rights, civil liberties,
and privacy of such individuals.
(6) Identification of risks and safeguards to
uphold the constitutional rights, civil rights, civil
liberties, and privacy of individuals, including for
communities of color and religious minorities.
(7) Whether such technology is deployed in public
areas or on photos of public areas in a manner that
could raise First Amendment concerns.
(8) An identification of existing policies,
procedures, or practices that permit the sharing of
facial recognition data and technology with foreign
governments or other non-United States Government
entities.
(9) An identification of measures in place to
protect data security.
(10) An identification of any redress procedures to
address complaints in cases where the use of facial
recognition resulted in harm to an individual.
(11) An analysis of existing transparency,
oversight, and audits of the use of facial recognition
to measure the efficacy of the technology on an ongoing
basis, as measured against the cost and impact on
individual rights.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Facial Recognition Data Defined.--In this section, the
term ``facial recognition data'' means any unique attribute or
feature of the face of an end user that is used by facial
recognition technology to assign a unique, persistent
identifier, or for the unique personal identification of a
specific individual.
SEC. 5709. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN WEAPONIZATION OF
DEEPFAKES, AND RELATED NOTIFICATIONS.
(a) Report on Foreign Weaponization of Deepfakes and
Deepfake Technology.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the heads
of the elements of the intelligence community
determined appropriate by the Director, shall submit to
the congressional intelligence committees a report on--
(A) the potential national security impacts
of machine-manipulated media (commonly known as
``deepfakes''); and
(B) the actual or potential use of machine-
manipulated media by foreign governments to
spread disinformation or engage in other malign
activities.
(2) Matters to be included.--The report under
subsection (a) shall include the following:
(A) An assessment of the technical
capabilities of foreign governments, including
foreign intelligence services, foreign
government-affiliated entities, and foreign
individuals, with respect to machine-
manipulated media, machine-generated text,
generative adversarial networks, and related
machine-learning technologies, including--
(i) an assessment of the technical
capabilities of the People's Republic
of China and the Russian Federation
with respect to the production and
detection of machine-manipulated media;
and
(ii) an annex describing those
governmental elements within China and
Russia known to have supported or
facilitated machine-manipulated media
research, development, or
dissemination, as well as any civil-
military fusion, private-sector,
academic, or nongovernmental entities
which have meaningfully participated in
such activities.
(B) An updated assessment of how foreign
governments, including foreign intelligence
services, foreign government-affiliated
entities, and foreign individuals, could use or
are using machine-manipulated media and
machine-generated text to harm the national
security interests of the United States,
including an assessment of the historic,
current, or potential future efforts of China
and Russia to use machine-manipulated media,
including with respect to--
(i) the overseas or domestic
dissemination of misinformation;
(ii) the attempted discrediting of
political opponents or disfavored
populations; and
(iii) intelligence or influence
operations directed against the United
States, allies or partners of the
United States, or other jurisdictions
believed to be subject to Chinese or
Russian interference.
(C) An updated identification of the
countertechnologies that have been or could be
developed and deployed by the United States
Government, or by the private sector with
Government support, to deter, detect, and
attribute the use of machine-manipulated media
and machine-generated text by foreign
governments, foreign-government affiliates, or
foreign individuals, along with an analysis of
the benefits, limitations and drawbacks of such
identified counter-technologies, including any
emerging concerns related to privacy.
(D) An identification of the offices within
the elements of the intelligence community that
have, or should have, lead responsibility for
monitoring the development of, use of, and
response to machine-manipulated media and
machine-generated text, including--
(i) a description of the
coordination of such efforts across the
intelligence community;
(ii) a detailed description of the
existing capabilities, tools, and
relevant expertise of such elements to
determine whether a piece of media has
been machine manipulated or machine
generated, including the speed at which
such determination can be made, the
confidence level of the element in the
ability to make such a determination
accurately, and how increasing volume
and improved quality of machine-
manipulated media or machine-generated
text may negatively impact such
capabilities; and
(iii) a detailed description of
planned or ongoing research and
development efforts intended to improve
the ability of the intelligence
community to detect machine-manipulated
media and machine-generated text.
(E) A description of any research and
development activities carried out or under
consideration to be carried out by the
intelligence community, including the
Intelligence Advanced Research Projects
Activity, relevant to machine-manipulated media
and machine-generated text detection
technologies.
(F) Updated recommendations regarding
whether the intelligence community requires
additional legal authorities, financial
resources, or specialized personnel to address
the national security threat posed by machine-
manipulated media and machine-generated text.
(G) Other additional information the
Director determines appropriate.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the heads of any other
relevant departments or agencies of the Federal Government,
shall notify the congressional intelligence committees each
time the Director of National Intelligence determines--
(1) there is credible information or intelligence
that a foreign entity has attempted, is attempting, or
will attempt to deploy machine-manipulated media or
machine-generated text aimed at the elections or
domestic political processes of the United States; and
(2) that such intrusion or campaign can be
attributed to a foreign government, a foreign
government-affiliated entity, or a foreign individual.
(d) Annual Update.--Upon submission of the report in
subsection (a), on an annual basis, the Director of National
Intelligence, in consultation with the heads of the elements of
the intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees any significant updates with respect to the matters
described in subsection (a).
(e) Definitions.--
(1) Machine-generated text.--The term ``machine-
generated text'' means text generated using machine-
learning techniques in order to resemble writing in
natural language.
(2) Machine-manipulated media.--The term ``machine-
manipulated media'' has the meaning given that term in
section 5724.
SEC. 5710. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Comptroller General of the
United States shall submit to the congressional intelligence
committees a report on cybersecurity and surveillance threats
to Congress.
(b) Statistics.--Each report submitted under subsection (a)
shall include statistics on cyber attacks and other incidents
of espionage or surveillance targeted against Senators or the
immediate families or staff of the Senators, and
Representatives, Delegates, and the Resident Commissioner, or
the immediate families or staff of the Representatives,
Delegates, and the Resident Commissioner, in which the
nonpublic communications and other private information of such
targeted individuals were lost, stolen, or otherwise subject to
unauthorized access.
(c) Consultation.--In preparing a report to be submitted
under subsection (a), the Comptroller General shall consult
with the Director of National Intelligence, the Secretary of
Homeland Security, the Sergeant at Arms of the House of
Representatives, and the Sergeant at Arms and Doorkeeper of the
Senate.
(d) Form.--The report under subsection (a), including the
contents of the report in subsection (b), shall be submitted in
unclassified form, but may include a classified annex to
protect sources and methods and any appropriate redactions of
personally identifiable information.
SEC. 5711. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF
INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director of
National Intelligence shall, in coordination with the
heads of such elements of the intelligence community as
the Director considers appropriate--
(A) complete a comprehensive analysis of
the major initiatives of the intelligence
community in artificial intelligence and
machine learning; and
(B) provide to the congressional
intelligence committees a briefing on the
findings of the Director with respect to the
analysis conducted pursuant to subparagraph
(A).
(2) Elements.--The analysis conducted under
paragraph (1)(A) shall include analyses of how the
initiatives described in such paragraph--
(A) correspond with the strategy of the
intelligence community entitled ``Augmenting
Intelligence Using Machines'';
(B) complement each other and avoid
unnecessary duplication;
(C) are coordinated with the efforts of the
Defense Department on artificial intelligence,
including efforts at the Joint Artificial
Intelligence Center and Project Maven; and
(D) leverage advances in artificial
intelligence and machine learning in the
private sector.
(b) Periodic Briefings.--Not later than 30 days after the
date of the enactment of this Act, not less frequently than
twice each year thereafter until the date that is 2 years after
the date of the enactment of this Act, and not less frequently
than once each year thereafter until the date that is 7 years
after the date of the enactment of this Act, the Director and
the Chief Information Officer of the Department of Defense
shall jointly provide to the congressional intelligence
committees and congressional defense committees (as defined in
section 101 of title 10, United States Code) briefings with
updates on activities relating to, and the progress of, their
respective artificial intelligence and machine learning
initiatives, particularly the Augmenting Intelligence Using
Machines initiative and the Joint Artificial Intelligence
Center.
SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL
LIBERTIES OF CHINESE AMERICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China appears to be
specifically targeting the Chinese-American community
for intelligence purposes;
(2) such targeting carries a substantial risk that
the loyalty of such Americans may be generally
questioned and lead to unacceptable stereotyping,
targeting, and racial profiling;
(3) the United States Government has a duty to warn
and protect all Americans including those of Chinese
descent from these intelligence efforts by the People's
Republic of China;
(4) the broad stereotyping, targeting, and racial
profiling of Americans of Chinese descent is contrary
to the values of the United States and reinforces the
flawed narrative perpetuated by the People's Republic
of China that ethnically Chinese individuals worldwide
have a duty to support the People's Republic of China;
and
(5) the United States efforts to combat the
People's Republic of China's intelligence activities
should actively safeguard and promote the
constitutional rights of all Chinese Americans.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
acting through the Office of Civil Liberties, Privacy, and
Transparency, in coordination with the civil liberties and
privacy officers of the elements of the intelligence community,
shall submit a report to the congressional intelligence
committees containing--
(1) a review of how the policies, procedures, and
practices of the intelligence community that govern the
intelligence activities and operations targeting the
People's Republic of China affect policies, procedures,
and practices relating to the privacy and civil
liberties of Americans of Chinese descent who may be
targets of espionage and influence operations by China;
and
(2) recommendations to ensure that the privacy and
civil liberties of Americans of Chinese descent are
sufficiently protected.
(c) Form.--The report under subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5713. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The
term ``covered institution of higher education'' means
an institution described in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002) that receives
Federal funds in any amount and for any purpose.
(2) Sensitive research subject.--The term
``sensitive research subject'' means a subject of
research that is carried out at a covered institution
of higher education that receives funds that were
appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of
National Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once each year thereafter, the Director of National
Intelligence, in consultation with such elements of the
intelligence community as the Director considers appropriate
and consistent with the privacy protections afforded to United
States persons, shall submit to congressional intelligence
committees a report on risks to sensitive research subjects
posed by foreign entities in order to provide Congress and
covered institutions of higher education with more complete
information on these risks and to help ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A list of sensitive research subjects that
could affect national security.
(2) A list of foreign entities, including
governments, corporations, nonprofit organizations and
for-profit organizations, and any subsidiary or
affiliate of such an entity, that the Director
determines pose a counterintelligence, espionage
(including economic espionage), or other national
security threat with respect to sensitive research
subjects.
(3) A list of any known or suspected attempts by
foreign entities to exert pressure on covered
institutions of higher education, including attempts to
limit freedom of speech, propagate misinformation or
disinformation, or to influence professors,
researchers, or students.
(4) Recommendations for collaboration between
covered institutions of higher education and the
intelligence community to mitigate threats to sensitive
research subjects associated with foreign influence in
academia, including any necessary legislative or
administrative action.
(d) Congressional Notifications Required.--Not later than
30 days after the date on which the Director identifies a
change to either list described in paragraph (1) or (2) of
subsection (c), the Director shall notify the congressional
intelligence committees of the change.
SEC. 5714. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the death of
Jamal Khashoggi, consistent with protecting sources and
methods. Such report shall include identification of those who
carried out, participated in, ordered, or were otherwise
complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form.
SEC. 5715. REPORT ON TERRORIST SCREENING DATABASE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
and the Secretary of State shall jointly submit to the
congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report on the terrorist
screening database of the Federal Bureau of Investigation.
(b) Matters Included.--The report under subsection (a)
shall identify the following:
(1) Which foreign countries receive access to the
terrorist screening database.
(2) Which foreign countries have successfully
petitioned to add individuals to the terrorist
screening database.
(3) What standards exist for determining which
countries get access to the terrorist screening
database.
(4) The extent to which the human rights record of
the government of a foreign country is considered in
the determination to give the country access to the
terrorist screening database.
(5) What procedures, if any, exist to remove access
to the terrorist screening database from a foreign
country.
(6) What procedures, if any, exist to inform an
individual, or the legal counsel of an individual, of
the placement of the individual on the terrorist
screening database.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5716. REPORT CONTAINING THREAT ASSESSMENT ON TERRORIST USE OF
CONVENTIONAL AND ADVANCED CONVENTIONAL WEAPONS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for
a period of 4 years, the Under Secretary of Homeland Security
for Intelligence and Analysis, in coordination with the
Director of the Federal Bureau of Investigation, shall develop
and submit to the entities in accordance with subsection (b) a
report containing a threat assessment regarding the
availability of conventional weapons, including conventional
weapons lacking serial numbers, and advanced conventional
weapons, for use in furthering acts of terrorism, including the
provision of material support or resources to a foreign
terrorist organization and to individuals or groups supporting
or engaging in domestic terrorism.
(b) Dissemination of Report.--Consistent with the
protection of classified and confidential unclassified
information, the Under Secretary shall--
(1) submit the initial report required under
subsection (a) to Federal, State, local, and Tribal law
enforcement officials, including officials who operate
within State, local, and regional fusion centers under
the Department of Homeland Security State, Local, and
Regional Fusion Center Initiative established by
section 210A of the Homeland Security Act of 2002 (6
U.S.C. 124h); and
(2) submit each report required under subsection
(a) to the appropriate congressional committees.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on
Intelligence, the Committee on Homeland
Security, and the Committee on the Judiciary of
the House of Representatives; and
(B) the Select Committee on Intelligence,
the Committee on Homeland Security and
Governmental Affairs, and the Committee on the
Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic
terrorism'' has the meaning given that term in section
2331 of title 18, United States Code.
(3) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 5717. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES ASSOCIATED
WITH CERTAIN RETIRED AND FORMER PERSONNEL OF THE
INTELLIGENCE COMMUNITY.
(a) Assessment Required.--Not later than the date that is
120 days after submission of the report required under section
5703, and annually thereafter, the Director of National
Intelligence, in coordination with the Under Secretary of
Homeland Security for Intelligence and Analysis, the Director
of the Federal Bureau of Investigation, the Director of the
Central Intelligence Agency, and the Director of the Defense
Counterintelligence and Security Agency, shall submit to the
appropriate congressional committees an assessment of the
homeland security vulnerabilities associated with retired and
former personnel of the intelligence community providing
covered intelligence assistance.
(b) Form.--The assessment under subsection (a) may be
submitted in classified form.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of
the House of Representatives.
(2) Covered intelligence assistance.--The term
``covered intelligence assistance'' has the meaning
given that term in section 5703.
SEC. 5718. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING
GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall complete a study on the
feasibility and advisability of establishing a Geospatial-
Intelligence Museum and learning center.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Identifying the costs, opportunities, and
challenges of establishing the museum and learning
center as described in such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from
the establishment of the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum
under section 7781(a) of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101 of title 10,
United States Code) a report on the findings of the Director
with respect to the study completed under subsection (a).
Subtitle B--Other Matters
SEC. 5721. WHISTLEBLOWER DISCLOSURES TO CONGRESS AND COMMITTEES OF
CONGRESS.
Section 2302 of title 5, United States Code, is amended--
(1) in subsection (b)(8)--
(A) in subparagraph (A), by striking ``;
or'' and inserting a semicolon;
(B) in subparagraph (B)(ii), by striking
the semicolon at the end and inserting ``;
or''; and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) any disclosure to Congress (including
any committee of Congress) by any employee of
an agency or applicant for employment at an
agency of information described in subparagraph
(B) that is--
``(i) not classified; or
``(ii) if classified--
``(I) has been classified
by the head of an agency that
is not an element of the
intelligence community (as
defined by section 3 of the
National Security Act of 1947
(50 U.S.C. 3003)); and
``(II) does not reveal
intelligence sources and
methods.''; and
(2) in subsection (c)(2)(C)(iii)(III), by inserting
after ``Congress'' the following: ``(including any
committee of Congress with respect to information that
is not classified or, if classified, has been
classified by the head of an agency that is not an
element of the intelligence community and does not
reveal intelligence sources and methods)''.
SEC. 5722. TASK FORCE ON ILLICIT FINANCING OF ESPIONAGE AND FOREIGN
INFLUENCE OPERATIONS.
(a) Establishment.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a task force to study and assess
the illicit financing of espionage and foreign influence
operations directed at the United States.
(b) Membership.--The task force shall be composed of the
following individuals (or designees of the individual):
(1) The Director of the Central Intelligence
Agency.
(2) The Director of the Federal Bureau of
Investigation.
(3) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
(4) The Assistant Secretary of State for
Intelligence and Research.
(5) Such other heads of the elements of the
intelligence community that the Director of National
Intelligence determines appropriate.
(c) Chairperson; Meetings.--
(1) Chairperson.--The Director of National
Intelligence shall appoint a senior official within the
Office of the Director of National Intelligence to
serve as the chairperson of the task force.
(2) Meetings.--The task force shall meet regularly
but not less frequently than on a quarterly basis.
(d) Reports.--
(1) Initial report.--Not later than 180 days after
the date of the enactment of this Act, the task force
shall submit to the appropriate congressional
committees a report on the illicit financing of
espionage and foreign influence operations directed at
the United States. The report shall address the
following:
(A) The extent of the collection by the
intelligence community, from all sources
(including the governments of foreign
countries), of intelligence and information
relating to illicit financing of espionage and
foreign influence operations directed at the
United States, and any gaps in such collection.
(B) Any specific legal, regulatory, policy,
or other prohibitions, or financial, human,
technical, or other resource limitations or
constraints, that have affected the ability of
the Director of National Intelligence or other
heads of relevant elements of the intelligence
community in collecting or analyzing
intelligence or information relating to illicit
financing of espionage and foreign influence
operations directed at the United States.
(C) The methods, as of the date of the
report, by which hostile governments of foreign
countries or foreign organizations, and any
groups or persons acting on behalf of or with
the support of such governments or
organizations, seek to disguise or obscure
relationships between such governments,
organizations, groups, or persons and United
States persons, for the purpose of conducting
espionage or foreign influence operations
directed at the United States, including by
exploiting financial laws, systems, or
instruments, of the United States.
(D) The existing practices of the
intelligence community for ensuring that
intelligence and information relating to the
illicit financing of espionage and foreign
influence operations is analyzed and shared
with other elements of the intelligence
community, and any recommendations for
improving such analysis and sharing.
(2) Annual update.--Not later than 1 year after the
date of the enactment of this Act, and each year
thereafter through the date specified in subsection
(e), the task force shall submit to the appropriate
congressional committees an update on the report.
(3) Form.--Each report submitted under this
subsection may be submitted in classified form, but if
submitted in such form, shall include an unclassified
summary.
(e) Termination.--The task force shall terminate on January
1, 2025.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives.
(3) The Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
SEC. 5723. ESTABLISHMENT OF FIFTH-GENERATION TECHNOLOGY PRIZE
COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Director of National Intelligence, acting through
the Director of the Intelligence Advanced Research Projects
Agency, shall carry out a program to award prizes competitively
to stimulate research and development relevant to fifth-
generation technology.
(b) Prize Amount.--In carrying out the program under
subsection (a), the Director may award not more than a total of
$5,000,000 to one or more winners of the prize competition.
(c) Consultation.--In carrying out the program under
subsection (a), the Director may consult with the heads of
relevant departments and agencies of the Federal Government.
(d) Fifth-generation Technology Defined.--In this section,
the term ``fifth-generation technology'' means hardware,
software, or other technologies relating to fifth-generation
wireless networks (known as ``5G'').
SEC. 5724. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3719), the Director of National Intelligence, acting through
the Director of the Intelligence Advanced Research Projects
Agency, shall carry out a program to award prizes competitively
to stimulate the research, development, or commercialization of
technologies to automatically detect machine-manipulated media.
(b) Prize Amount.--In carrying out the program under
subsection (a), the Director may award not more than a total of
$5,000,000 to one or more winners of the prize competition.
(c) Consultation.--In carrying out the program under
subsection (a), the Director may consult with the heads of
relevant departments and agencies of the Federal Government.
(d) Machine-Manipulated Media Defined.--In this section,
the term ``machine-manipulated media'' means video, image, or
audio recordings generated or substantially modified using
machine-learning techniques in order to falsely depict events,
to falsely depict the speech or conduct of an individual, or to
depict individuals who do not exist.
SEC. 5725. IDENTIFICATION OF AND COUNTERMEASURES AGAINST CERTAIN
INTERNATIONAL MOBILE SUBSCRIBER IDENTITY-CATCHERS.
(a) In General.--The Director of National Intelligence and
the Director of the Federal Bureau of Investigation, in
collaboration with the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Directors determine
appropriate, and in accordance with applicable law and policy,
may--
(1) undertake an effort to identify International
Mobile Subscriber Identity-catchers operated within the
United States by--
(A) hostile foreign governments; and
(B) individuals who have violated a
criminal law of the United States or of any
State, or who have committed acts that would be
a criminal violation if committed within the
jurisdiction of the United States or any State;
and
(2) when appropriate, develop countermeasures
against such International Mobile Subscriber Identity-
catchers, with prioritization given to such
International Mobile Subscriber Identity-catchers
identified in the National Capital Region.
(b) Briefing Required.--Prior to developing countermeasures
under subsection (a)(2), the Director of National Intelligence
and the Director of the Federal Bureau of Investigation shall
provide a briefing to the appropriate congressional committees
on--
(1) the use of International Mobile Subscriber
Identity-catchers operated within the United States by
the individuals and governments described in subsection
(a)(1);
(2) potential countermeasures by the intelligence
community against such International Mobile Subscriber
Identity-catchers; and
(3) any legal or policy limitations with respect to
the development or carrying out of such
countermeasures.
(c) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security of
the House of Representatives and the Committee
on Homeland Security and Governmental Affairs
of the Senate; and
(C) the Committees on the Judiciary of the
House of Representatives and the Senate.
(2) International mobile subscriber identity-
catcher.--The term ``International Mobile Subscriber
Identity-catcher'' means a device used for intercepting
mobile phone identifying information and location data.
SEC. 5726. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on
Energy and Natural Resources of the Senate; and
(C) the Committee on Homeland Security and
the Committee on Energy and Commerce of the
House of Representatives.
(2) Covered entity.--The term ``covered entity''
means an entity identified pursuant to section 9(a) of
Executive Order No. 13636 of February 12, 2013 (78 Fed.
Reg. 11742), relating to identification of critical
infrastructure where a cybersecurity incident could
reasonably result in catastrophic regional or national
effects on public health or safety, economic security,
or national security.
(3) Exploit.--The term ``exploit'' means a software
tool designed to take advantage of a security
vulnerability.
(4) Industrial control system.--The term
``industrial control system'' means an operational
technology used to measure, control, or manage
industrial functions, and includes supervisory control
and data acquisition systems, distributed control
systems, and programmable logic or embedded
controllers.
(5) National laboratory.--The term ``National
Laboratory'' has the meaning given the term in section
2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot
program established under subsection (b).
(7) Secretary.--Except as otherwise specifically
provided, the term ``Secretary'' means the Secretary of
Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware,
software, process, or procedure that could enable or
facilitate the defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a 2-year control systems
implementation pilot program within the National Laboratories
for the purposes of--
(1) partnering with covered entities in the energy
sector (including critical component manufacturers in
the supply chain) that voluntarily participate in the
Program to identify new classes of security
vulnerabilities of the covered entities; and
(2) evaluating technology and standards, in
partnership with covered entities, to isolate and
defend industrial control systems of covered entities
from security vulnerabilities and exploits in the most
critical systems of the covered entities, including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group To Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a
working group--
(A) to evaluate the technology and
standards used in the Program under subsection
(b)(2); and
(B) to develop a national cyber-informed
engineering strategy to isolate and defend
covered entities from security vulnerabilities
and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established
under paragraph (1) shall be composed of not fewer than
10 members, to be appointed by the Secretary, at least
1 member of which shall represent each of the
following:
(A) The Department of Energy.
(B) The energy industry, including electric
utilities and manufacturers recommended by the
Energy Sector coordinating councils.
(C)(i) The Department of Homeland Security;
or
(ii) the Industrial Control Systems Cyber
Emergency Response Team.
(D) The North American Electric Reliability
Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of
National Intelligence; or
(ii) the intelligence community (as defined
in section 3 of the National Security Act of
1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for
Homeland Security and America's Security
Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic
institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after
the date on which funds are first disbursed under the
Program, the Secretary shall submit to the appropriate
congressional committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility
of each method studied under the Program; and
(C) describes the results of the
evaluations conducted by the working group
established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the
date on which funds are first disbursed under the
Program, the Secretary shall submit to the appropriate
congressional committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility
of each method studied under the Program; and
(C) describes the results of the
evaluations conducted by the working group
established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or
with the Federal Government or a State, Tribal, or local
government under this section--
(1) shall be deemed to be voluntarily shared
information;
(2) shall be exempt from disclosure under section
552 of title 5, United States Code, or any provision of
any State, Tribal, or local freedom of information law,
open government law, open meetings law, open records
law, sunshine law, or similar law requiring the
disclosure of information or records; and
(3) shall be withheld from the public, without
discretion, under section 552(b)(3) of title 5, United
States Code, and any provision of any State, Tribal, or
local law requiring the disclosure of information or
records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a
covered entity for engaging in the voluntary activities
authorized under subsection (b)--
(A) shall not lie or be maintained in any
court; and
(B) shall be promptly dismissed by the
applicable court.
(2) Voluntary activities.--Nothing in this section
subjects any covered entity to liability for not
engaging in the voluntary activities authorized under
subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--
Nothing in this section authorizes the Secretary or the head of
any other department or agency of the Federal Government to
issue new regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be
appropriated $10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized
to be appropriated $1,500,000 to carry out subsections
(c) and (d).
(3) Availability.--Amounts made available under
paragraphs (1) and (2) shall remain available until
expended.
SUBDIVISION 2--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND
2019
SEC. 6100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
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.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
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.
Subtitle B--Central Intelligence Agency
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.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
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.
Subtitle D--Other Elements
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.
TITLE LXV--ELECTION MATTERS
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.
TITLE LXVI--SECURITY CLEARANCES
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.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
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.
Subtitle B--Reports
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.
Subtitle C--Other Matters
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.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds that were appropriated for
fiscal year 2019 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government are hereby authorized:
(1) The Office of the Director of National
Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of
the Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for
fiscal year 2018 for the conduct of the intelligence and
intelligence-related activities of the elements of the United
States set forth in subsection (a) are hereby authorized.
SEC. 6102. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
The amounts that were appropriated for the Intelligence
Community Management Account of the Director of National
Intelligence for fiscal years 2018 and 2019 are hereby
authorized.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
The amounts that were appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
years 2018 and 2019 are hereby authorized.
SEC. 6202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2031) is
amended--
(A) in subsection (a)(3)(B), by striking
the period at the end and inserting ``, as
determined by using the annual rate of basic
pay that would be payable for full-time service
in that position.'';
(B) in subsection (b)(1)(C)(i), by striking
``12-month'' and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one
year'' and inserting ``two years'';
(D) in subsection (g)(2), by striking ``one
year'' each place such term appears and
inserting ``two years'';
(E) by redesignating subsections (h), (i),
(j), (k), and (l) as subsections (i), (j), (k),
(l), and (m), respectively; and
(F) by inserting after subsection (g) the
following:
``(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to
the rights of former spouses under subsection (b) and
section 222, at the time of retirement a married
participant found by the Director to be in good health
may elect to receive an annuity reduced in accordance
with subsection (f)(1)(B) and designate in writing an
individual having an insurable interest in the
participant to receive an annuity under the system
after the participant's death, except that any such
election to provide an insurable interest survivor
annuity to the participant's spouse shall only be
effective if the participant's spouse waives the
spousal right to a survivor annuity under this Act. The
amount of the annuity shall be equal to 55 percent of
the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The
annuity payable to the participant making such election
shall be reduced by 10 percent of an annuity computed
under subsection (a) and by an additional 5 percent for
each full 5 years the designated individual is younger
than the participant. The total reduction under this
subparagraph may not exceed 40 percent.
``(3) Commencement of survivor annuity.--The
annuity payable to the designated individual shall
begin on the day after the retired participant dies and
terminate on the last day of the month before the
designated individual dies.
``(4) Recomputation of participant's annuity on
death of designated individual.--An annuity that is
reduced under this subsection shall, effective the
first day of the month following the death of the
designated individual, be recomputed and paid as if the
annuity had not been so reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement
act.--The Central Intelligence Agency
Retirement Act (50 U.S.C. 2001 et seq.) is
amended--
(i) in section 232(b)(1) (50 U.S.C.
2052(b)(1)), by striking ``221(h),''
and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50
U.S.C. 2082(h)(4)), by striking
``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of
1949.--Subsection (a) of section 14 of the
Central Intelligence Agency Act of 1949 (50
U.S.C. 3514(a)) is amended by striking
``221(h)(2), 221(i), 221(l),'' and inserting
``221(i)(2), 221(j), 221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of
section 222(b)(5) of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2032(b)(5)(B)) is amended by striking ``one
year'' and inserting ``two years''.
(c) Prior Service Credit.--Subparagraph (A) of section
252(b)(3) of the Central Intelligence Agency Retirement Act (50
U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1,
1990'' both places that term appears and inserting ``March 31,
1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is
amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the
following:
``(b) Part-Time Reemployed Annuitants.--The Director shall
have the authority to reemploy an annuitant on a part-time
basis in accordance with section 8344(l) of title 5, United
States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as if
enacted on October 28, 2009, and shall apply to computations or
participants, respectively, as of such date.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision
shall not be deemed to constitute authority for the conduct of
any intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 6302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this subdivision for salary,
pay, retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or 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.
Section 113B of the National Security Act of 1947 (50
U.S.C. 3049a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring
Expertise in Science, Technology, Engineering, or
Mathematics.--
``(1) In general.--Notwithstanding part III of
title 5, United States Code, the head of each element
of the intelligence community may, for one or more
categories of positions in such element that require
expertise in science, technology, engineering, or
mathematics--
``(A) establish higher minimum rates of
pay; and
``(B) make corresponding increases in all
rates of pay of the pay range for each grade or
level, subject to subsection (b) or (c), as
applicable.
``(2) Treatment.--The special rate supplements
resulting from the establishment of higher rates under
paragraph (1) shall be basic pay for the same or
similar purposes as those specified in section 5305(j)
of title 5, United States Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the
following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c),
the Director of the National Security Agency may
establish a special rate of pay--
``(A) not to exceed the rate of basic pay
payable for level II of the Executive Schedule
under section 5313 of title 5, United States
Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in
consultation with the Under Secretary of
Defense for Personnel and Readiness, that the
rate of pay is for positions that perform
functions that execute the cyber mission of the
Agency; or
``(B) not to exceed the rate of basic pay
payable for the Vice President of the United
States under section 104 of title 3, United
States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that
have advanced skills and competencies and that
perform critical functions that execute the
cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a
special rate under paragraph (1) shall be subject to an
aggregate pay limitation that parallels the limitation
established in section 5307 of title 5, United States
Code, except that--
``(A) any allowance, differential, bonus,
award, or other similar cash payment in
addition to basic pay that is authorized under
title 10, United States Code, (or any other
applicable law in addition to title 5 of such
Code, excluding the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.)) shall also be
counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed
the rate established for the Vice President of
the United States under section 104 of title 3,
United States Code.
``(3) Limitation on number of recipients.--The
number of individuals who receive basic pay established
under paragraph (1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special
rates of pay and the limitation established under
paragraph (1)(B) may not be used as comparative
references for the purpose of fixing the rates of basic
pay or maximum pay limitations of qualified positions
under section 1599f of title 10, United States Code, or
section 226 of the Homeland Security Act of 2002 (6
U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph
(2), by striking ``A minimum'' and inserting ``Except
as provided in subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph
(2), by inserting ``or (b)'' after ``by subsection
(a)''; and
(6) in subsection (g), as redesignated by paragraph
(2)--
(A) in paragraph (1), by striking ``Not
later than 90 days after the date of the
enactment of the Intelligence Authorization Act
for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the
enactment of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act
for Fiscal Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or
(b)'' after ``subsection (a)''.
SEC. 6304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF
THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by striking ``President'' and
inserting ``Director''.
SEC. 6305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF
POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE
EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall conduct a review of positions within the
intelligence community regarding the placement of such
positions on the Executive Schedule under subchapter II of
chapter 53 of title 5, United States Code. In carrying out such
review, the Director of National Intelligence, in coordination
with the Director of the Office of Personnel Management, shall
determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the
Executive Schedule, the level of the Executive Schedule
at which such positions should be placed.
(b) Report.--Not later than 60 days after the date on which
the review under subsection (a) is completed, the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives an
unredacted report describing the standards by which the review
was conducted and the outcome of the review.
SEC. 6306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) The Committee on Armed Services, the Committee
on Homeland Security, and the Committee on Oversight
and Reform of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and the
acquisition community of the United States Government with
respect to the supply chain and counterintelligence risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall be
composed of--
(1) a representative of the Defense Security
Service of the Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal
Procurement Policy of the Office of Management and
Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National
Counterintelligence and Security Center; and
(7) any other members the Director of National
Intelligence determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain
and Counterintelligence Risk Management Task Force established
under subsection (b) shall have a security clearance at the top
secret level and be able to access sensitive compartmented
information.
(e) Annual Report.--The Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall submit to the appropriate
congressional committees an annual report that describes the
activities of the Task Force during the previous year,
including identification of the supply chain, cybersecurity,
and counterintelligence risks shared with the acquisition
community of the United States Government by the intelligence
community.
SEC. 6307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING
INTELLIGENCE WITH FOREIGN GOVERNMENTS AND ENTITIES.
Whenever the head of an element of the intelligence
community enters into an intelligence-sharing agreement with a
foreign government or any other foreign entity, the head of the
element shall consider the pervasiveness of telecommunications
and cybersecurity infrastructure, equipment, and services
provided by adversaries of the United States, particularly
China and Russia, or entities of such adversaries in the
country or region of the foreign government or other foreign
entity entering into the agreement.
SEC. 6308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal
accounts'' means accounts for online and
telecommunications services, including telephone,
residential internet access, email, text and multimedia
messaging, cloud computing, social media, health care,
and financial services, used by personnel of the
intelligence community outside of the scope of their
employment with elements of the intelligence community.
(2) Personal technology devices.--The term
``personal technology devices'' means technology
devices used by personnel of the intelligence community
outside of the scope of their employment with elements
of the intelligence community, including networks to
which such devices connect.
(b) Authority To Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the
Director of National Intelligence, the Director may
provide cyber protection support for the personal
technology devices and personal accounts of the
personnel described in paragraph (2).
(2) At-risk personnel.--The personnel described in
this paragraph are personnel of the intelligence
community--
(A) who the Director determines to be
highly vulnerable to cyber attacks and hostile
information collection activities because of
the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or
personal accounts are highly vulnerable to
cyber attacks and hostile information
collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel under subsection (b) may include
training, advice, assistance, and other services relating to
cyber attacks and hostile information collection activities.
(d) Limitation on Support.--Nothing in this section shall
be construed--
(1) to encourage personnel of the intelligence
community to use personal technology devices for
official business; or
(2) to authorize cyber protection support for
senior intelligence community personnel using personal
devices, networks, and personal accounts in an official
capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the provision
of cyber protection support under subsection (b). The report
shall include--
(1) a description of the methodology used to make
the determination under subsection (b)(2); and
(2) guidance for the use of cyber protection
support and tracking of support requests for personnel
receiving cyber protection support under subsection
(b).
SEC. 6309. ELIMINATION OF SUNSET OF AUTHORITY RELATING TO MANAGEMENT OF
SUPPLY-CHAIN RISK.
Section 309 of the Intelligence Authorization Act for
Fiscal Year 2012 (Public Law 112-87; 50 U.S.C. 3329 note) is
amended by striking subsection (g).
SEC. 6310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY
CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the
intelligence community who has been nominated by the President
for a position that requires the advice and consent of the
Senate may not make a classification decision with respect to
information related to such officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph
(2), in a case in which an officer described in
subsection (a) has been nominated as described in such
subsection and classification authority rests with the
officer or another officer who reports directly to such
officer, a classification decision with respect to
information relating to the officer shall be made by
the Director of National Intelligence.
(2) Nominations of director of national
intelligence.--In a case described in paragraph (1) in
which the officer nominated is the Director of National
Intelligence, the classification decision shall be made
by the Principal Deputy Director of National
Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director or
the Principal Deputy Director, as the case may be, shall submit
to the congressional intelligence committees a report detailing
the reasons for the decision.
SEC. 6311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act
of 1947 (50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers
appropriate'' after ``Council''.
(b) Report on Function and Utility of the Joint
Intelligence Community Council.--
(1) In general.--No later than 180 days after the
date of the enactment of this Act, the Director of
National Intelligence, in coordination with the
Executive Office of the President and members of the
Joint Intelligence Community Council, shall submit to
the congressional intelligence committees a report on
the function and utility of the Joint Intelligence
Community Council.
(2) Contents.--The report required by paragraph (1)
shall include the following:
(A) The number of physical or virtual
meetings held by the Council per year since the
Council's inception.
(B) A description of the effect and
accomplishments of the Council.
(C) An explanation of the unique role of
the Council relative to other entities,
including with respect to the National Security
Council and the Executive Committee of the
intelligence community.
(D) Recommendations for the future role and
operation of the Council.
(E) Such other matters relating to the
function and utility of the Council as the
Director considers appropriate.
(3) Form.--The report submitted under paragraph (1)
shall be submitted in unclassified form, but may
include a classified annex.
SEC. 6312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means
a capability that is available to multiple elements of
the intelligence community and required for consistent
operation of the intelligence community information
technology environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community
information technology environment'' means all of the
information technology services across the intelligence
community, including the data sharing and protection
environment across multiple classification domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The
Director of National Intelligence shall be responsible
for coordinating the performance by elements of the
intelligence community of the intelligence community
information technology environment, including each of
the following:
(A) Ensuring compliance with all applicable
environment rules and regulations of such
environment.
(B) Ensuring measurable performance goals
exist for such environment.
(C) Documenting standards and practices of
such environment.
(D) Acting as an arbiter among elements of
the intelligence community related to any
disagreements arising out of the implementation
of such environment.
(E) Delegating responsibilities to the
elements of the intelligence community and
carrying out such other responsibilities as are
necessary for the effective implementation of
such environment.
(2) Core service providers.--Providers of core
services shall be responsible for--
(A) providing core services, in
coordination with the Director of National
Intelligence; and
(B) providing the Director with information
requested and required to fulfill the
responsibilities of the Director under
paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in
subparagraph (B), each element of the
intelligence community shall use core services
when such services are available.
(B) Exception.--The Director of National
Intelligence may provide for a written
exception to the requirement under subparagraph
(A) if the Director determines there is a
compelling financial or mission need for such
exception.
(c) Management Accountability.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence shall designate and maintain one or more
accountable executives of the intelligence community
information technology environment to be responsible for--
(1) management, financial control, and integration
of such environment;
(2) overseeing the performance of each core
service, including establishing measurable service
requirements and schedules;
(3) to the degree feasible, ensuring testing of
each core service of such environment, including
testing by the intended users, to evaluate performance
against measurable service requirements and to ensure
the capability meets user requirements; and
(4) coordinate transition or restructuring efforts
of such environment, including phaseout of legacy
systems.
(d) Security Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall develop and maintain a security plan for the
intelligence community information technology environment.
(e) Long-Term Roadmap.--Not later than 180 days after the
date of the enactment of this Act, and during each of the
second and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a long-term roadmap that shall include
each of the following:
(1) A description of the minimum required and
desired core service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured
performance.
(2) Implementation milestones for the intelligence
community information technology environment, including
each of the following:
(A) A schedule for expected deliveries of
core service capabilities during each of the
following phases:
(i) Concept refinement and
technology maturity demonstration.
(ii) Development, integration, and
demonstration.
(iii) Production, deployment, and
sustainment.
(iv) System retirement.
(B) Dependencies of such core service
capabilities.
(C) Plans for the transition or
restructuring necessary to incorporate core
service capabilities.
(D) A description of any legacy systems and
discontinued capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(f) Business Plan.--Not later than 180 days after the date
of the enactment of this Act, and during each of the second and
fourth fiscal quarters thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a business plan that includes each of the following:
(1) A systematic approach to identify core service
funding requests for the intelligence community
information technology environment within the proposed
budget, including multiyear plans to implement the
long-term roadmap required by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of
legacy information technology or alternative
capabilities where services of the intelligence
community information technology environment will also
be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring
services of the intelligence community information
technology environment, as well as services of such
environment that have changed designations as a core
service.
(g) Quarterly Presentations.--Beginning not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall provide to the congressional
intelligence committees quarterly updates regarding ongoing
implementation of the intelligence community information
technology environment as compared to the requirements in the
most recently submitted security plan required by subsection
(d), long-term roadmap required by subsection (e), and business
plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the
congressional intelligence committees regarding any policy
changes related to or affecting the intelligence community
information technology environment, new initiatives or
strategies related to or impacting such environment, and
changes or deficiencies in the execution of the security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(i) Sunset.--The section shall have no effect on or after
September 30, 2024.
SEC. 6313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the Central
Intelligence Agency and the Director of the National Security
Agency, shall submit to the congressional intelligence
committees a classified report on the feasibility,
desirability, cost, and required schedule associated with the
implementation of a secure mobile voice solution for the
intelligence community.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The benefits and disadvantages of a secure
mobile voice solution.
(2) Whether the intelligence community could
leverage commercially available technology for
classified voice communications that operates on
commercial mobile networks in a secure manner and
identifying the accompanying security risks to such
networks.
(3) A description of any policies or community
guidance that would be necessary to govern the
potential solution, such as a process for determining
the appropriate use of a secure mobile telephone and
any limitations associated with such use.
SEC. 6314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a policy for minimum insider
threat standards that is consistent with the National Insider
Threat Policy and Minimum Standards for Executive Branch
Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head of each element of the
intelligence community shall implement the policy established
under subsection (a).
SEC. 6315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution
mechanism, in use as of the date of the enactment of
this Act, or any successor electronic distribution
mechanism, by which the Director of National
Intelligence submits to the congressional intelligence
committees information.
(2) Policy.--The term ``policy'', with respect to
the intelligence community, includes unclassified or
classified--
(A) directives, policy guidance, and policy
memoranda of the intelligence community;
(B) executive correspondence of the
Director of National Intelligence; and
(C) any equivalent successor policy
instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees using the electronic repository
all nonpublicly available policies issued by the
Director of National Intelligence for the intelligence
community that are in effect as of the date of the
submission.
(2) Continuous updates.--Not later than 15 days
after the date on which the Director of National
Intelligence issues, modifies, or rescinds a policy of
the intelligence community, the Director shall--
(A) notify the congressional intelligence
committees of such addition, modification, or
removal; and
(B) update the electronic repository with
respect to such addition, modification, or
removal.
SEC. 6316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS.
In order to further increase the diversity of the
intelligence community workforce, not later than 90 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with heads of elements of the
Intelligence Community, shall create, implement, and submit to
the congressional intelligence committees a written plan to
ensure that rural and underrepresented regions are more fully
and consistently represented in such elements' employment
recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit comments
to the Director of National Intelligence before such plan shall
be implemented.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate;'' and inserting ``current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence may
designate;''.
SEC. 6402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING
ENVIRONMENT.
(a) Information-sharing Environment.--Section 1016(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President''
both places that term appears and inserting ``Director
of National Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(f)(1)) is amended by striking ``The individual
designated as the program manager shall serve as program
manager until removed from service or replaced by the President
(at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019 and 2020, each individual
designated as the program manager shall be appointed by the
Director of National Intelligence.''.
SEC. 6403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 6404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50
U.S.C. 3034(a)) is amended by adding at the end the following
new sentence: ``The Chief Financial Officer shall report
directly to the Director of National Intelligence.''.
SEC. 6405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by adding at the end the following
new sentence: ``The Chief Information Officer shall report
directly to the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL
ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-
4a).,'' and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the
end;
(3) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(4) by adding at the end the following new
paragraph:
``(8) Upon the approval of the Director, provide,
during any fiscal year, with or without reimbursement,
subsistence to any personnel assigned to an overseas
location designated by the Agency as an austere
location.''.
SEC. 6412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR CENTRAL
INTELLIGENCE AGENCY PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of
1949 (50 U.S.C. 3501 et seq.) is amended by inserting after
section 19 the following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, TERRORIST ACTIVITIES,
OR INCIDENTS DESIGNATED BY THE DIRECTOR.
``(a) Definitions.--In this section:
``(1) Covered dependent.--The term `covered
dependent' means a family member (as defined by the
Director) of a covered employee who, on or after
September 11, 2001--
``(A) accompanies the covered employee to
an assigned duty station in a foreign country;
and
``(B) becomes injured by reason of a
qualifying injury.
``(2) Covered employee.--The term `covered
employee' means an officer or employee of the Central
Intelligence Agency who, on or after September 11,
2001, becomes injured by reason of a qualifying injury.
``(3) Covered individual.--The term `covered
individual' means an individual who--
``(A)(i) is detailed to the Central
Intelligence Agency from other agencies of the
United States Government or from the Armed
Forces; or
``(ii) is affiliated with the Central
Intelligence Agency, as determined by the
Director; and
``(B) who, on or after September 11, 2001,
becomes injured by reason of a qualifying
injury.
``(4) Qualifying injury.--The term `qualifying
injury' means the following:
``(A) With respect to a covered dependent,
an injury incurred--
``(i) during a period in which the
covered dependent is accompanying the
covered employee to an assigned duty
station in a foreign country;
``(ii) in connection with war,
insurgency, hostile act, terrorist
activity, or an incident designated for
purposes of this section by the
Director; and
``(iii) that was not the result of
the willful misconduct of the covered
dependent.
``(B) With respect to a covered employee or
a covered individual--
``(i) an injury incurred--
``(I) during a period of
assignment to a duty station in
a foreign country;
``(II) in connection with
war, insurgency, hostile act,
or terrorist activity; and
``(III) that was not the
result of the willful
misconduct of the covered
employee or the covered
individual; or
``(ii) an injury incurred--
``(I) in connection with an
incident designated for
purposes of this section by the
Director; and
``(II) that was not the
result of the willful
misconduct of the covered
employee or the covered
individual.
``(b) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director may increase the
amount of monthly compensation paid to a covered
employee under section 8105 of title 5, United States
Code. Subject to paragraph (2), the Director may
determine the amount of each such increase by taking
into account--
``(A) the severity of the qualifying
injury;
``(B) the circumstances by which the
covered employee became injured; and
``(C) the seniority of the covered
employee.
``(2) Maximum.--Notwithstanding chapter 81 of title
5, United States Code, the total amount of monthly
compensation increased under paragraph (1) may not
exceed the monthly pay of the maximum rate of basic pay
for GS-15 of the General Schedule under section 5332 of
such title.
``(c) Costs for Treating Qualifying Injuries.--The Director
may pay the costs of treating a qualifying injury of a covered
employee, a covered individual, or a covered dependent, or may
reimburse a covered employee, a covered individual, or a
covered dependent for such costs, that are not otherwise
covered by chapter 81 of title 5, United States Code, or other
provision of Federal law.''.
(b) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall--
(1) prescribe regulations ensuring the fair and
equitable implementation of section 19A of the Central
Intelligence Agency Act of 1949, as added by subsection
(a); and
(2) submit to the congressional intelligence
committees such regulations.
(c) Application.--Section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a), shall apply
with respect to--
(1) payments made to covered employees (as defined
in such section) under section 8105 of title 5, United
States Code, beginning on or after the date of the
enactment of this Act; and
(2) treatment described in subsection (b) of such
section 19A occurring on or after the date of the
enactment of this Act.
SEC. 6413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE
CENTRAL INTELLIGENCE AGENCY.
Subsection (a)(1) of section 15 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3515(a)(1)) is amended--
(1) in subparagraph (B), by striking ``500 feet;''
and inserting ``500 yards;''; and
(2) in subparagraph (D), by striking ``500 feet.''
and inserting ``500 yards.''.
SEC. 6414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR
CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL
INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--
Section 104A of the National Security Act of 1947 (50 U.S.C.
3036) is amended by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611
of the Intelligence Authorization Act for Fiscal Year 2005
(Public Law 108-487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 6421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as
follows:
``OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program'
have the meanings given such terms in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and Counterintelligence,
who shall be an employee in the Senior Executive Service, the
Senior Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate. The Director of the Office shall report
directly to the Secretary.
``(2) The Secretary shall select an individual to serve as
the Director from among individuals who have substantial
expertise in matters relating to the intelligence community,
including foreign intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may prescribe.
``(2) The Director shall be responsible for establishing
policy for intelligence and counterintelligence programs and
activities at the Department.''.
(b) Conforming Repeal.--Section 216 of the Department of
Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by striking the items relating to sections 215 and 216
and inserting the following new item:
``Sec. 215. Office of Intelligence and Counterintelligence.''.
SEC. 6422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE
COMMITTEE AND BUDGET REPORTING REQUIREMENT.
Section 214 of the Department of Energy Organization Act
(42 U.S.C. 7144a) is amended--
(1) by striking ``(a)''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 6431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF
DEFENSE SECURITY SERVICE AS AN ELEMENT OF
INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and Under
Secretary of Defense for Intelligence, in coordination with the
Director of the National Counterintelligence and Security
Center, shall submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate, and
the Committee on Armed Services of the House of Representatives
a plan to designate the counterintelligence component of the
Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than January
1, 2021. Such plan shall--
(1) address the implications of such designation on
the authorities, governance, personnel, resources,
information technology, collection, analytic products,
information sharing, and business processes of the
Defense Security Service and the intelligence
community; and
(2) not address the personnel security functions of
the Defense Security Service.
SEC. 6432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection
(k); and
(2) by inserting after subsection (i) the
following:
``(j) Rule of Construction.--Nothing in this section shall
be construed to require the Secretary to provide notice to any
private entity before the Secretary issues a binding
operational directive under subsection (b)(2).''.
SEC. 6433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE
OFFICE.
(a) Establishment.--Section 106A of the National Security
Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end
the following new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the
National Reconnaissance Office an advisory board (in
this section referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission
of the National Reconnaissance Office,
including with respect to promoting innovation,
competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters;
and
``(B) advise and report directly to the
Director with respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall
be composed of five members appointed
by the Director from among individuals
with demonstrated academic, government,
business, or other expertise relevant
to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later
than 30 days after the date on which
the Director appoints a member to the
Board, the Director shall notify the
congressional intelligence committees
and the congressional defense
committees (as defined in section
101(a) of title 10, United States Code)
of such appointment.
``(B) Terms.--Each member shall be
appointed for a term of 2 years. Except as
provided by subparagraph (C), a member may not
serve more than three terms.
``(C) Vacancy.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office.
``(D) Chair.--The Board shall have a Chair,
who shall be appointed by the Director from
among the members.
``(E) Travel expenses.--Each member shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director
may appoint an executive secretary, who shall
be an employee of the National Reconnaissance
Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of
the Director.
``(5) Reports.--Not later than March 31 of each
year, the Board shall submit to the Director and to the
congressional intelligence committees a report on the
activities and significant findings of the Board during
the preceding year.
``(6) Nonapplicability of certain requirements.--
The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Board.
``(7) Termination.--The Board shall terminate on
the date that is 3 years after the date of the first
meeting of the Board.''.
(b) Initial Appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
National Reconnaissance Office shall appoint the initial five
members to the advisory board under subsection (d) of section
106A of the National Security Act of 1947 (50 U.S.C. 3041a), as
added by subsection (a).
SEC. 6434. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not
later than 60 days after the date of the enactment of this Act,
the Under Secretary of Homeland Security for Intelligence and
Analysis shall identify, in consultation with the Commissioner
of U.S. Customs and Border Protection, the Administrator of the
Transportation Security Administration, the Director of U.S.
Immigration and Customs Enforcement, and the heads of such
other elements of the Department of Homeland Security as the
Under Secretary considers appropriate, opportunities for
collocation of officers of the Office of Intelligence and
Analysis in the field outside of the greater Washington,
District of Columbia, area in order to support operational
units from U.S. Customs and Border Protection, the
Transportation Security Administration, U.S. Immigration and
Customs Enforcement, and other elements of the Department of
Homeland Security.
(b) Plan for Collocation.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the congressional intelligence committees a
report that includes a plan for collocation as described in
subsection (a).
TITLE LXV--ELECTION MATTERS
SEC. 6501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST
UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of
the House of Representatives;
(D) the Committee on Foreign Relations of
the Senate; and
(E) the Committee on Foreign Affairs of the
House of Representatives.
(2) Congressional leadership.--The term
``congressional leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of
Representatives.
(D) The minority leader of the House of
Representatives.
(3) State.--The term ``State'' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to
congressional leadership and the appropriate congressional
committees a report on cyber attacks and attempted cyber
attacks by foreign governments on United States election
infrastructure in States and localities in connection with the
2016 Presidential election in the United States and such cyber
attacks or attempted cyber attacks as the Under Secretary
anticipates against such infrastructure. Such report shall
identify the States and localities affected and shall include
cyber attacks and attempted cyber attacks against voter
registration databases, voting machines, voting-related
computer networks, and the networks of Secretaries of State and
other election officials of the various States.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 6502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT
AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE
THE PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an after action review of the posture
of the intelligence community to collect against and
analyze efforts of the Government of Russia to
interfere in the 2016 Presidential election in the
United States; and
(2) submit to the congressional intelligence
committees a report on the findings of the Director
with respect to such review.
(b) Elements.--The review required by subsection (a) shall
include, with respect to the posture and efforts described in
paragraph (1) of such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect
and respond to the efforts described in subsection
(a)(1).
(2) An assessment of the information sharing that
occurred within elements of the intelligence community.
(3) An assessment of the information sharing that
occurred between elements of the intelligence
community.
(4) An assessment of applicable authorities
necessary to collect on any such efforts and any
deficiencies in those authorities.
(5) A review of the use of open source material to
inform analysis and warning of such efforts.
(6) A review of the use of alternative and
predictive analysis.
(c) Form of Report.--The report required by subsection
(a)(2) shall be submitted to the congressional intelligence
committees in a classified form.
SEC. 6503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL
ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of
the House of Representatives.
(2) Congressional leadership.--The term
``congressional leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of
Representatives.
(D) The minority leader of the House of
Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in
section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, the Secretary
of Homeland Security, and the heads of other relevant elements
of the intelligence community, shall--
(1) commence not later than 1 year before any
regularly scheduled Federal election occurring after
December 31, 2018, and complete not later than 180 days
before such election, an assessment of security
vulnerabilities of State election systems; and
(2) not later than 180 days before any regularly
scheduled Federal election occurring after December 31,
2018, submit a report on such security vulnerabilities
and an assessment of foreign intelligence threats to
the election to--
(A) congressional leadership; and
(B) the appropriate congressional
committees.
(c) Update.--Not later than 90 days before any regularly
scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
(1) update the assessment of foreign intelligence
threats to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional
committees.
SEC. 6504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED
STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) The Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives.
(4) The Committee on Foreign Relations of the
Senate.
(5) The Committee on Foreign Affairs of the House
of Representatives.
(b) Requirement for a Strategy.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency,
the Secretary of State, the Secretary of Defense, and the
Secretary of the Treasury, shall develop a whole-of-government
strategy for countering the threat of Russian cyber attacks and
attempted cyber attacks against electoral systems and processes
in the United States, including Federal, State, and local
election systems, voter registration databases, voting
tabulation equipment, and equipment and processes for the
secure transmission of election results.
(c) Elements of the Strategy.--The strategy required by
subsection (b) shall include the following elements:
(1) A whole-of-government approach to protecting
United States electoral systems and processes that
includes the agencies and departments indicated in
subsection (b) as well as any other agencies and
departments of the United States, as determined
appropriate by the Director of National Intelligence
and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of
the various States and the chief election officials of
the States.
(3) Technical security measures, including
auditable paper trails for voting machines, securing
wireless and internet connections, and other technical
safeguards.
(4) Detection of cyber threats, including attacks
and attempted attacks by Russian government or
nongovernment cyber threat actors.
(5) Improvements in the identification and
attribution of Russian government or nongovernment
cyber threat actors.
(6) Deterrence, including actions and measures that
could or should be undertaken against or communicated
to the Government of Russia or other entities to deter
attacks against, or interference with, United States
election systems and processes.
(7) Improvements in Federal Government
communications with State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the
measurement of concrete steps taken and progress made
in the implementation of the strategy.
(d) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, the Director of National
Intelligence and the Secretary of Homeland Security shall
jointly brief the appropriate congressional committees on the
strategy developed under subsection (b).
SEC. 6505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) Russian Influence Campaign Defined.--In this section,
the term ``Russian influence campaign'' means any effort,
covert or overt, and by any means, attributable to the Russian
Federation directed at an election, referendum, or similar
process in a country other than the Russian Federation or the
United States.
(b) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report containing an analytical assessment of the most
significant Russian influence campaigns, if any, conducted
during the 3-year period preceding the date of the enactment of
this Act, as well as the most significant current or planned
such Russian influence campaigns, if any. Such assessment shall
include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means
by which such campaigns were conducted, are being
conducted, or likely will be conducted, as appropriate,
and the specific goal of each such campaign;
(2) a summary of any defenses against or responses
to such Russian influence campaigns by the foreign
state holding the elections or referenda;
(3) a summary of any relevant activities by
elements of the intelligence community undertaken for
the purpose of assisting the government of such foreign
state in defending against or responding to such
Russian influence campaigns; and
(4) an assessment of the effectiveness of such
defenses and responses described in paragraphs (2) and
(3).
(c) Form.--The report required by subsection (b) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
SEC. 6506. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State''
means any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Director of
National Intelligence shall support the Under Secretary
of Homeland Security for Intelligence and Analysis, and
any other official of the Department of Homeland
Security designated by the Secretary of Homeland
Security, in sponsoring a security clearance up to the
top secret level for each eligible chief election
official of a State or the District of Columbia, and
additional eligible designees of such election official
as appropriate, at the time that such election official
assumes such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National
Intelligence may issue interim clearances, for a period
to be determined by the Director, to a chief election
official as described in paragraph (1) and up to one
designee of such official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National
Intelligence shall assist the Under Secretary of
Homeland Security for Intelligence and Analysis and the
Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other
related programs of the Department (as specified in
section 103(a)(1)(H) of the Homeland Security Act of
2002 (6 U.S.C. 113(a)(1)(H))) with sharing any
appropriate classified information related to threats
to election systems and to the integrity of the
election process with chief election officials and such
designees who have received a security clearance under
subsection (b).
(2) Coordination.--The Under Secretary of Homeland
Security for Intelligence and Analysis shall coordinate
with the Director of National Intelligence and the
Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other
related programs of the Department (as specified in
section 103(a)(1)(H) of the Homeland Security Act of
2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing
of information to the affected Secretaries of State or
States.
SEC. 6507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR
FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active
measures campaign'' means a foreign semi-covert or
covert intelligence operation.
(2) Candidate, election, and political party.--The
terms ``candidate'', ``election'', and ``political
party'' have the meanings given those terms in section
301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).
(3) Congressional leadership.--The term
``congressional leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of
Representatives.
(D) The minority leader of the House of
Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion''
means an electronic occurrence that actually or
imminently jeopardizes, without lawful authority,
electronic election infrastructure, or the integrity,
confidentiality, or availability of information within
such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an
electronic information system of any of the following
that is related to an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office''
has the meaning given that term in section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30101).
(7) High confidence.--The term ``high confidence'',
with respect to a determination, means that the
determination is based on high-quality information from
multiple sources.
(8) Moderate confidence.--The term ``moderate
confidence'', with respect to a determination, means
that a determination is credibly sourced and plausible
but not of sufficient quality or corroborated
sufficiently to warrant a higher level of confidence.
(9) Other appropriate congressional committees.--
The term ``other appropriate congressional committees''
means--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the
Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on
Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions
and Active Measures Campaigns.--The Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly carry out subsection (c) if such Directors and the
Secretary jointly determine--
(1) that on or after the date of the enactment of
this Act, a significant foreign cyber intrusion or
active measures campaign intended to influence an
upcoming election for any Federal office has occurred
or is occurring; and
(2) with moderate or high confidence, that such
intrusion or campaign can be attributed to a foreign
state or to a foreign nonstate person, group, or other
entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after
making a determination under subsection (b), the
Director of National Intelligence, the Director of the
Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly provide a briefing to
the congressional leadership, the congressional
intelligence committees and, consistent with the
protection of sources and methods, the other
appropriate congressional committees. The briefing
shall be classified and address, at a minimum, the
following:
(A) A description of the significant
foreign cyber intrusion or active measures
campaign, as the case may be, covered by the
determination.
(B) An identification of the foreign state
or foreign nonstate person, group, or other
entity, to which such intrusion or campaign has
been attributed.
(C) The desirability and feasibility of the
public release of information about the cyber
intrusion or active measures campaign.
(D) Any other information such Directors
and the Secretary jointly determine
appropriate.
(2) Electronic election infrastructure briefings.--
With respect to a significant foreign cyber intrusion
covered by a determination under subsection (b), the
Secretary of Homeland Security, in consultation with
the Director of National Intelligence and the Director
of the Federal Bureau of Investigation, shall offer to
the owner or operator of any electronic election
infrastructure directly affected by such intrusion, a
briefing on such intrusion, including steps that may be
taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This
subsection shall be carried out in a manner that is
consistent with the protection of sources and methods.
SEC. 6508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION
SECURITY MATTERS.
(a) In General.--The Director of National Intelligence
shall designate a national counterintelligence officer within
the National Counterintelligence and Security Center to lead,
manage, and coordinate counterintelligence matters relating to
election security.
(b) Additional Responsibilities.--The person designated
under subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)) to the following:
(1) The Federal Government election security supply
chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers
appropriate.
TITLE LXVI--SECURITY CLEARANCES
SEC. 6601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services of the
Senate;
(C) the Committee on Appropriations of the
Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the
House of Representatives;
(F) the Committee on Appropriations of the
House of Representatives;
(G) the Committee on Homeland Security of
the House of Representatives; and
(H) the Committee on Oversight and Reform
of the House of Representatives.
(2) Appropriate industry partner.--The term
``appropriate industry partner'' means a contractor,
licensee, or grantee (as defined in section 101(a) of
Executive Order No. 12829 (50 U.S.C. 3161 note;
relating to National Industrial Security Program)) that
is participating in the National Industrial Security
Program established by such Executive order.
(3) Continuous vetting.--The term ``continuous
vetting'' has the meaning given such term in Executive
Order No. 13467 (50 U.S.C. 3161 note; relating to
reforming processes for determining suitability for
government employment, fitness for contractor
employees, and eligibility for access to classified
national security information).
(4) Council.--The term ``Council'' means the
Security, Suitability, and Credentialing Performance
Accountability Council established pursuant to such
Executive order, or any successor entity.
(5) Reciprocity.--The term ``reciprocity'' means
reciprocal recognition by Federal departments and
agencies of eligibility for access to classified
information.
(6) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the
Security Executive Agent pursuant to section 803 of the
National Security Act of 1947, as added by section
6605.
(7) Suitability and credentialing executive
agent.--The term ``Suitability and Credentialing
Executive Agent'' means the Director of the Office of
Personnel Management acting as the Suitability and
Credentialing Executive Agent in accordance with
Executive Order No. 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability
for Government employment, fitness for contractor
employees, and eligibility for access to classified
national security information), or any successor
entity.
SEC. 6602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND
BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of
the workforce, facilities, and information of the
Federal Government is of the highest priority to
national security and public safety;
(2) the President and Congress should prioritize
the modernization of the personnel security framework
to improve its efficiency, effectiveness, and
accountability;
(3) the current system for background
investigations for security clearances, suitability and
fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current
threat environment, recruit and retain a trusted
workforce, and capitalize on modern technologies; and
(4) changes to policies or processes to improve
this system should be vetted through the Council to
ensure standardization, portability, and reciprocity in
security clearances across the Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date
of the enactment of this Act, the Council shall submit
to the appropriate congressional committees and make
available to appropriate industry partners the
following:
(A) A plan, with milestones, to reduce the
background investigation inventory to 200,000,
or an otherwise sustainable steady-level, by
the end of year 2020. Such plan shall include
notes of any required changes in investigative
and adjudicative standards or resources.
(B) A plan to consolidate the conduct of
background investigations associated with the
processing for security clearances in the most
effective and efficient manner in the Defense
Counterintelligence and Security Agency. Such
plan shall address required funding, personnel,
contracts, information technology, field office
structure, policy, governance, schedule,
transition costs, and effects on stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Chairman of the Council, in coordination
with the members of the Council, shall submit
to the appropriate congressional committees and
make available to appropriate industry partners
a report on the future of personnel security to
reflect changes in threats, the workforce, and
technology.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) A risk framework for granting
and renewing access to classified
information.
(ii) A discussion of the use of
technologies to prevent, detect, and
monitor threats.
(iii) A discussion of efforts to
address reciprocity and portability.
(iv) A discussion of the
characteristics of effective insider
threat programs.
(v) An analysis of how to integrate
data from continuous vetting, insider
threat programs, and human resources
data.
(vi) Recommendations on interagency
governance.
(3) Plan for implementation.--Not later than 180
days after the date of the enactment of this Act, the
Chairman of the Council, in coordination with the
members of the Council, shall submit to the appropriate
congressional committees and make available to
appropriate industry partners a plan to implement the
report's framework and recommendations submitted under
paragraph (2)(A).
(4) Congressional notifications.--Not less
frequently than quarterly, the Security Executive Agent
shall make available to the public a report regarding
the status of the disposition of requests received from
departments and agencies of the Federal Government for
a change to, or approval under, the Federal
investigative standards, the national adjudicative
guidelines, continuous vetting, or other national
policy regarding personnel security.
SEC. 6603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available to
appropriate industry partners a report that includes the
following:
(1) A review of whether the information requested
on the Questionnaire for National Security Positions
(Standard Form 86) and by the Federal Investigative
Standards prescribed by the Suitability and
Credentialing Executive Agent and the Security
Executive Agent appropriately supports the adjudicative
guidelines under Security Executive Agent Directive 4
(known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification
of whether any such information currently collected is
unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire,
Standards, and guidelines should be revised to account
for the prospect of a holder of a security clearance
becoming an insider threat.
(3) Recommendations to improve the background
investigation process by--
(A) simplifying the Questionnaire for
National Security Positions (Standard Form 86)
and increasing customer support to applicants
completing such Questionnaire;
(B) using remote techniques and centralized
locations to support or replace field
investigation work;
(C) using secure and reliable digitization
of information obtained during the clearance
process;
(D) building the capacity of the background
investigation workforce; and
(E) replacing periodic reinvestigations
with continuous vetting techniques in all
appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than
180 days after the date of the enactment of this Act, the
Security Executive Agent shall, in coordination with the
members of the Council, establish the following:
(1) A policy and implementation plan for the
issuance of interim security clearances.
(2) A policy and implementation plan to ensure
contractors are treated consistently in the security
clearance process across agencies and departments of
the United States as compared to employees of such
agencies and departments. Such policy shall address--
(A) prioritization of processing security
clearances based on the mission the contractors
will be performing;
(B) standardization in the forms that
agencies issue to initiate the process for a
security clearance;
(C) digitization of background
investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative
guidelines under Security Executive Agent
Directive 4 (known as the ``National Security
Adjudicative Guidelines'');
(F) reciprocal recognition of clearances
across agencies and departments of the United
States, regardless of status of periodic
reinvestigation;
(G) tracking of clearance files as
individuals move from employment with an agency
or department of the United States to
employment in the private sector;
(H) collection of timelines for movement of
contractors across agencies and departments;
(I) reporting on security incidents and job
performance, consistent with section 552a of
title 5, United States Code (commonly known as
the ``Privacy Act of 1974''), that may affect
the ability to hold a security clearance;
(J) any recommended changes to the Federal
Acquisition Regulations (FAR) necessary to
ensure that information affecting contractor
clearances or suitability is appropriately and
expeditiously shared between and among agencies
and contractors; and
(K) portability of contractor security
clearances between or among contracts at the
same agency and between or among contracts at
different agencies that require the same level
of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations
as part of a security clearance determination
only on an as-needed, risk-based basis;
(B) includes actions to assess the extent
to which automated records checks and other
continuous vetting methods may be used to
expedite or focus reinvestigations; and
(C) provides an exception to the
requirement under subparagraph (A) for certain
populations if the Security Executive Agent--
(i) determines such populations
require reinvestigations at regular
intervals; and
(ii) provides written justification
to the appropriate congressional
committees for any such determination.
(4) A policy and implementation plan for agencies
and departments of the United States, as a part of the
security clearance process, to accept automated records
checks generated pursuant to a security clearance
applicant's employment with a prior employer.
(5) A policy for the use of certain background
information on individuals collected by the private
sector for background investigation purposes.
(6) Uniform standards for agency continuous vetting
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a
substitute for a periodic investigation for continued
access to classified information.
SEC. 6604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY
CLEARANCES.
(a) In General.--The Council shall reform the security
clearance process with the objective that, by December 31,
2021, 90 percent of all determinations, other than
determinations regarding populations identified under section
6603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30
days or fewer; and
(B) at the top secret level are issued in
90 days or fewer; and
(2) reciprocity of security clearances at the same
level are recognized in 2 weeks or fewer.
(b) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31,
2021, reinvestigation on a set periodicity is not required for
more than 10 percent of the population that holds a security
clearance.
(c) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the
appropriate congressional committees should achieve
substantially equivalent outcomes as those outlined in
subsections (b) and (c), the Council may use those
metrics for purposes of compliance within this
provision.
(2) Notice.--If the Council uses the authority
provided by paragraph (1) to use metrics as described
in such paragraph, the Council shall, not later than 30
days after communicating such metrics to departments
and agencies, notify the appropriate congressional
committees that it is using such authority.
(d) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to carry out this section.
Such plan shall include recommended interim milestones for the
goals set forth in subsections (b) and (c) for 2019, 2020, and
2021.
SEC. 6605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as
sections 804 and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence,
or such other officer of the United States as the President may
designate, shall serve as the Security Executive Agent for all
departments and agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent
are as follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable,
polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position
made by any Federal agency.
``(2) To review the national security background
investigation and adjudication programs of Federal
agencies to determine whether such programs are being
implemented in accordance with this section.
``(3) To develop and issue uniform and consistent
policies and procedures to ensure the effective,
efficient, timely, and secure completion of
investigations, polygraphs, and adjudications relating
to determinations of eligibility for access to
classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve
as the final authority to designate a Federal agency or
agencies to conduct investigations of persons who are
proposed for access to classified information or for
eligibility to hold a sensitive position to ascertain
whether such persons satisfy the criteria for obtaining
and retaining access to classified information or
eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve
as the final authority to designate a Federal agency or
agencies to determine eligibility for access to
classified information or eligibility to hold a
sensitive position in accordance with Executive Order
No. 12968 (50 U.S.C. 3161 note; relating to access to
classified information).
``(6) To review and approve the policies of the
Federal agencies that ensure reciprocal recognition of
eligibility for access to classified information or
eligibility to hold a sensitive position among Federal
agencies, and to act as the final authority to
arbitrate and resolve disputes among such agencies
involving the reciprocity of investigations and
adjudications of eligibility.
``(7) To execute all other duties assigned to the
Security Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the
heads of Federal agencies to ensure appropriate
uniformity, centralization, efficiency, effectiveness,
timeliness, and security in processes relating to
determinations by such agencies of eligibility for
access to classified information or eligibility to hold
a sensitive position, including such matters as
investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or
waivers of, national security investigative
requirements, including issuing implementing or
clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in
part, to the head of any Federal agency (solely or
jointly) any of the duties of the Security Executive
Agent described in subsection (b) or the authorities
described in paragraphs (1) and (2), provided that the
exercise of such assigned duties or authorities is
subject to the oversight of the Security Executive
Agent, including such terms and conditions (including
approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous
vetting for continued access to classified information
and for eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--
Not later than 30 days after the date on which the Chairman of
the Council submits to the appropriate congressional committees
the report required by section 6602(b)(2)(A), the Chairman
shall submit to the appropriate congressional committees such
recommendations as the Chairman may have for revising the
authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such
Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in
section 804'' and inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the
matter preceding section 2 of such Act (50 U.S.C. 3002) is
amended by striking the items relating to sections 803 and 804
and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 6606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR
POSITIONS OF TRUST AND SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of
this Act, the Security Executive Agent and the Suitability and
Credentialing Executive Agent, in coordination with the other
members of the Council, shall jointly submit to the appropriate
congressional committees and make available to appropriate
industry partners a report regarding the advisability and the
risks, benefits, and costs to the Government and to industry of
consolidating to not more than three tiers for positions of
trust and security clearances.
SEC. 6607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to
reflect the greater mobility of the modern workforce,
alternative methodologies merit analysis to allow greater
flexibility for individuals moving in and out of positions that
require access to classified information, while still
preserving security.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a report that
describes the requirements, feasibility, and advisability of
implementing a clearance in person concept described in
subsection (c).
(c) Clearance in Person Concept.--The clearance in person
concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access
to classified information, networks, and facilities for
up to 3 years after the individual's eligibility for
access to classified information would otherwise lapse;
and
(2) recognizes, unless otherwise directed by the
Security Executive Agent, an individual's security
clearance and background investigation as current,
regardless of employment status, contingent on
enrollment in a continuous vetting program.
(d) Contents.--The report required under subsection (b)
shall address--
(1) requirements for an individual to voluntarily
remain in a continuous vetting program validated by the
Security Executive Agent even if the individual is not
in a position requiring access to classified
information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with
implementation;
(5) the risks of such implementation, including
security and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 6608. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF
DEPARTMENTS AND AGENCIES.
(a) Reports to Security Executive Agent.--The head of each
Federal department or agency shall submit an annual report to
the Security Executive Agent that, with respect to the period
covered by the report--
(1) identifies the number of individuals whose
security clearances took more than 2 weeks for
reciprocity recognition after such individuals move to
another part of such department or agency; and
(2) breaks out the information described in
paragraph (1) by type of clearance and the reasons for
any delays.
(b) Annual Report.--Not less frequently than once each
year, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to
industry partners a report that summarizes the information
received pursuant to subsection (b) during the period covered
by such report.
SEC. 6609. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the
executive branch, an unacceptable backlog in processing
and adjudicating security clearances persists, both
within elements of the intelligence community and in
other departments of the Federal Government, with some
processing times exceeding a year or even more;
(2) the protracted clearance timetable threatens
the ability of elements of the intelligence community
to hire and retain highly qualified individuals, and
thus to fulfill the missions of such elements;
(3) the prospect of a lengthy clearance process
deters some such individuals from seeking employment
with the intelligence community in the first place,
and, when faced with a long wait time, those with
conditional offers of employment may opt to discontinue
the security clearance process and pursue different
opportunities;
(4) now more than ever, therefore, the broken
security clearance process badly needs fundamental
reform; and
(5) in the meantime, to ensure the ability of
elements of the intelligence community to hire and
retain highly qualified personnel, elements should
consider, to the extent possible and consistent with
national security, permitting new employees to enter on
duty immediately or nearly so, and to perform, on a
temporary basis pending final adjudication of their
security clearances, work that either does not require
a security clearance or requires only a low-level
interim clearance.
(b) Reports Required.--Section 506H of the National
Security Act of 1947 (50 U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding
``and'' at the end;
(B) in subparagraph (B)(ii), by striking
``; and'' and inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection
(c);
(3) by inserting after subsection (a) the
following:
``(b) Intelligence Community Reports.--(1)(A) Not later
than March 1 of each year, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Oversight and Reform of the House of Representatives regarding
the security clearances processed by each element of the
intelligence community during the preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives such portions of the report
submitted under subparagraph (A) as the Director determines
address elements of the intelligence community that are within
the Department of Defense.
``(C) Each report submitted under this paragraph shall
separately identify security clearances processed for Federal
employees and contractor employees sponsored by each such
element.
``(2) Each report submitted under paragraph (1)(A) shall
include, for each element of the intelligence community for the
fiscal year covered by the report, the following:
``(A) The total number of initial security
clearance background investigations sponsored for new
applicants.
``(B) The total number of security clearance
periodic reinvestigations sponsored for existing
employees.
``(C) The total number of initial security
clearance background investigations for new applicants
that were adjudicated with notice of a determination
provided to the prospective applicant, including--
``(i) the total number of such
adjudications that were adjudicated favorably
and granted access to classified information;
and
``(ii) the total number of such
adjudications that were adjudicated unfavorably
and resulted in a denial or revocation of a
security clearance.
``(D) The total number of security clearance
periodic background investigations that were
adjudicated with notice of a determination provided to
the existing employee, including--
``(i) the total number of such
adjudications that were adjudicated favorably;
and
``(ii) the total number of such
adjudications that were adjudicated unfavorably
and resulted in a denial or revocation of a
security clearance.
``(E) The total number of pending security
clearance background investigations, including initial
applicant investigations and periodic reinvestigations,
that were not adjudicated as of the last day of such
year and that remained pending, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but
shorter than 12 months.
``(iii) For 12 months or longer, but
shorter than 18 months.
``(iv) For 18 months or longer, but shorter
than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations
completed or pending during the year preceding the year
for which the report is submitted that have taken
longer than 12 months to complete--
``(i) an explanation of the causes for the
delays incurred during the period covered by
the report; and
``(ii) the number of such delays involving
a polygraph requirement.
``(G) The percentage of security clearance
investigations, including initial and periodic
reinvestigations, that resulted in a denial or
revocation of a security clearance.
``(H) The percentage of security clearance
investigations that resulted in incomplete information.
``(I) The percentage of security clearance
investigations that did not result in enough
information to make a decision on potentially adverse
information.
``(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections
(a)(1) and (b)''.
SEC. 6610. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED
INFORMATION, NETWORKS, OR FACILITIES.
Not later than 180 days after the date of the enactment of
this Act and not less frequently than once every 5 years
thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a report that
reviews the intelligence community for which positions can be
conducted without access to classified information, networks,
or facilities, or may only require a security clearance at the
secret level.
SEC. 6611. INFORMATION-SHARING PROGRAM FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Security
Executive Agent and the Suitability and Credentialing
Executive Agent shall establish and implement a program
to share between and among agencies of the Federal
Government and industry partners of the Federal
Government relevant background information regarding
individuals applying for and currently occupying
national security positions and positions of trust, in
order to ensure the Federal Government maintains a
trusted workforce.
(2) Designation.--The program established under
paragraph (1) shall be known as the ``Trusted
Information Provider Program'' (in this section
referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and
the Suitability and Credentialing Executive Agent shall ensure
that the Program includes such safeguards for privacy as the
Security Executive Agent and the Suitability and Credentialing
Executive Agent consider appropriate.
(c) Provision of Information to the Federal Government.--
The Program shall include requirements that enable
investigative service providers and agencies of the Federal
Government to leverage certain pre-employment information
gathered through private-sector means during the employment or
military recruiting process, and other relevant security or
human resources information obtained during employment with or
for the Federal Government, that satisfy Federal investigative
standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be
relevant to obtaining or maintaining national security,
suitability, fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Security
Executive Agent and the Suitability and Credentialing
Executive Agent shall jointly submit to the appropriate
congressional committees and make available to
appropriate industry partners a plan for the
implementation of the Program.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) Mechanisms that address privacy,
national security, suitability or fitness,
credentialing, and human resources or military
recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive
Agent and the Suitability and Credentialing
Executive Agent consider appropriate to carry
out or improve the Program.
(f) Plan for Pilot Program on Two-way Information
Sharing.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Security
Executive Agent and the Suitability and Credentialing
Executive Agent shall jointly submit to the appropriate
congressional committees and make available to
appropriate industry partners a plan for the
implementation of a pilot program to assess the
feasibility and advisability of expanding the Program
to include the sharing of information held by the
Federal Government related to contract personnel with
the security office of the employers of those
contractor personnel.
(2) Elements.--The plan required by paragraph (1)
shall include the following:
(A) Mechanisms that address privacy,
national security, suitability or fitness,
credentialing, and human resources or military
recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive
Agent and the Suitability and Credentialing
Executive Agent consider appropriate to carry
out or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a review of the
plans submitted under subsections (e)(1) and (f)(1) and utility
and effectiveness of the programs described in such plans.
SEC. 6612. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Security Executive Agent shall, in coordination
with the Inspector General of the Intelligence Community,
submit to the appropriate congressional committees a report
detailing the controls employed by the intelligence community
to ensure that continuous vetting programs, including those
involving user activity monitoring, protect the confidentiality
of whistleblower-related communications.
SEC. 6613. REPORTS ON COSTS OF SECURITY CLEARANCE BACKGROUND
INVESTIGATIONS.
(a) Reports.--Not later than March 1, 2020, and each year
thereafter through 2022, the Security Executive Agent, in
coordination with the Council, shall submit to the appropriate
congressional committees a report on the resources expended by
each agency of the Federal Government during the fiscal year
prior to the date of the report for processing security
clearance background investigations and continuous vetting
programs, disaggregated by tier and whether the individual was
a Government employee or contractor.
(b) Contents.--Each report submitted under subsection (a)
shall include, for the period covered by the report--
(1) the costs of background investigations;
(2) the costs of reinvestigations;
(3) the costs associated with background
investigations and reinvestigations for Government
personnel;
(4) the costs associated with background
investigations and reinvestigations for contract
personnel;
(5) costs associated with continuous evaluation
initiatives monitoring for personnel for whom a
background investigation or reinvestigation was
conducted, other than costs associated with
adjudication;
(6) the average cost per person for each type of
background investigation; and
(7) a summary of transfers and reprogrammings that
were executed to support the processing of security
clearances.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 6701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives; and
(3) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the
Federal Government, other than the Department of
Defense, to enter into or implement any bilateral
agreement between the United States and the Russian
Federation regarding cybersecurity, including the
establishment or support of any cybersecurity unit,
unless, at least 30 days prior to the conclusion of any
such agreement, the Director of National Intelligence
submits to the appropriate congressional committees a
report on such agreement that includes the elements
required by subsection (c).
(2) Department of defense agreements.--Any
agreement between the Department of Defense and the
Russian Federation regarding cybersecurity shall be
conducted in accordance with section 1232 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), as amended by section 1231 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91).
(c) Elements.--If the Director submits a report under
subsection (b) with respect to an agreement, such report shall
include a discussion of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared
pursuant to the agreement.
(3) The expected value to national security
resulting from the implementation of the agreement.
(4) Such counterintelligence concerns associated
with the agreement as the Director may have and such
measures as the Director expects to be taken to
mitigate such concerns.
(d) Rule of Construction.--This section shall not be
construed to affect any existing authority of the Director of
National Intelligence, the Director of the Central Intelligence
Agency, or another head of an element of the intelligence
community, to share or receive foreign intelligence on a case-
by-case basis.
SEC. 6702. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term
``threat finance'' means--
(1) the financing of cyber operations, global
influence campaigns, intelligence service activities,
proliferation, terrorism, or transnational crime and
drug organizations;
(2) the methods and entities used to spend, store,
move, raise, conceal, or launder money or value, on
behalf of threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity
domestically or internationally, as defined by the
President.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
the Treasury for Intelligence and Analysis, shall submit to the
congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing an
assessment of Russian threat finance. The assessment shall be
based on intelligence from all sources, including from the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) A summary of leading examples from the 3-year
period preceding the date of the submittal of the
report of threat finance activities conducted by, for
the benefit of, or at the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any
provision of law imposing sanctions with
respect to Russia;
(C) Russian nationals subject to sanctions
under any other provision of law; or
(D) Russian oligarchs or organized
criminals.
(2) An assessment with respect to any trends or
patterns in threat finance activities relating to
Russia, including common methods of conducting such
activities and global nodes of money laundering used by
Russian threat actors described in paragraph (1) and
associated entities.
(3) An assessment of any connections between
Russian individuals involved in money laundering and
the Government of Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to
Russia, especially in Europe, including examples of
such engagement and coordination.
(5) An identification of any resource and
collection gaps.
(6) An identification of--
(A) entry points of money laundering by
Russian and associated entities into the United
States;
(B) any vulnerabilities within the United
States legal and financial system, including
specific sectors, which have been or could be
exploited in connection with Russian threat
finance activities; and
(C) the counterintelligence threat posed by
Russian money laundering and other forms of
threat finance, as well as the threat to the
United States financial system and United
States efforts to enforce sanctions and combat
organized crime.
(7) Any other matters the Director determines
appropriate.
(d) Form of Report.--The report required under subsection
(b) may be submitted in classified form.
SEC. 6703. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives; and
(C) the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs
of the House of Representatives.
(2) Congressional leadership.--The term
``congressional leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of
Representatives.
(D) The minority leader of the House of
Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal
Bureau of Investigation and the head of any other relevant
agency, shall notify the congressional leadership and the
chairman and vice chairman or ranking member of each of the
appropriate congressional committees, and of other relevant
committees of jurisdiction, each time the Director of National
Intelligence determines there is credible information that a
foreign power has, is, or will attempt to employ a covert
influence or active measures campaign with regard to the
modernization, employment, doctrine, or force posture of the
nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions
taken by the United States to expose or halt an attempt
referred to in subsection (b).
SEC. 6704. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED
STATES.
In carrying out the advance notification requirements set
out in section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
825; 22 U.S.C. 254a note), the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2
business days in advance of all travel that is subject
to such requirements by accredited diplomatic and
consular personnel of the Russian Federation in the
United States, and take necessary action to secure full
compliance by Russian personnel and address any
noncompliance; and
(2) provide notice of travel described in paragraph
(1) to the Director of National Intelligence and the
Director of the Federal Bureau of Investigation within
1 hour of receiving notice of such travel.
SEC. 6705. REPORT AND ANNUAL BRIEFING ON IRANIAN EXPENDITURES
SUPPORTING FOREIGN MILITARY AND TERRORIST
ACTIVITIES.
(a) Report.--
(1) Report required.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report, and not less
frequently than once each year thereafter provide a
briefing to Congress, describing Iranian expenditures
in the previous calendar year on military and terrorist
activities outside the country, including each of the
following:
(A) The amount spent in such calendar year
on activities by the Islamic Revolutionary
Guard Corps, including activities providing
support for--
(i) Hizballah;
(ii) Houthi rebels in Yemen;
(iii) Hamas;
(iv) proxy forces in Iraq and
Syria; or
(v) any other entity or country the
Director determines to be relevant.
(B) The amount spent in such calendar year
for ballistic missile research and testing or
other activities that the Director determines
are destabilizing to the Middle East region.
(2) Form.--The report required under subsection (a)
shall be submitted in unclassified form, but may
include a classified annex.
(b) Annual Briefing.--Following the submission of the
report under subsection (a), the Director shall annually
provide a briefing to the congressional intelligence committees
on the information described in such subsection.
SEC. 6706. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES.
(a) Scope of Committee to Counter Active Measures.--Section
501 of the Intelligence Authorization Act for Fiscal Year 2017
(Public Law 115-31; 50 U.S.C. 3001 note) is amended--
(1) in subsections (a) through (h)--
(A) by inserting ``, the People's Republic
of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or other
nation state'' after ``Russian Federation''
each place it appears; and
(B) by inserting ``, China, Iran, North
Korea, or other nation state'' after ``Russia''
each place it appears; and
(2) in the section heading, by inserting ``, the
people's republic of china, the islamic republic of
iran, the democratic people's republic of korea, or
other nation state'' after ``russian federation''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of Korea,
and other nation states to exert covert influence over peoples
and governments.''.
Subtitle B--Reports
SEC. 6711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is
amended--
(1) in the subsection heading, by striking
``Audit'' and inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and
inserting ``review''; and
(3) in paragraph (2), by striking ``audit'' and
inserting ``review''.
SEC. 6712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of
the House of Representatives.
(2) Homeland security intelligence enterprise.--The
term ``Homeland Security Intelligence Enterprise'' has
the meaning given such term in Department of Homeland
Security Instruction Number 264-01-001, or successor
authority.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Under Secretary of Homeland
Security for Intelligence and Analysis, shall submit to the
appropriate committees of Congress a report on the authorities
of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) An analysis of whether the Under Secretary has
the legal and policy authority necessary to organize
and lead the Homeland Security Intelligence Enterprise,
with respect to intelligence, and, if not, a
description of--
(A) the obstacles to exercising the
authorities of the Chief Intelligence Officer
of the Department and the Homeland Security
Intelligence Council, of which the Chief
Intelligence Officer is the chair; and
(B) the legal and policy changes necessary
to effectively coordinate, organize, and lead
intelligence activities of the Department of
Homeland Security.
(2) A description of the actions that the Secretary
has taken to address the inability of the Under
Secretary to require components of the Department,
other than the Office of Intelligence and Analysis of
the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence
products produced by such other components.
SEC. 6713. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General
of the Intelligence Community, in consultation with the
inspectors general for the Central Intelligence Agency, the
National Security Agency, the National Geospatial-Intelligence
Agency, the Defense Intelligence Agency, and the National
Reconnaissance Office, shall conduct a review of the
authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors general.
(b) Objective of Review.--The objective of the review
required under subsection (a) is to identify any discrepancies,
inconsistencies, or other issues, which frustrate the timely
and effective reporting of intelligence community whistleblower
matters to appropriate inspectors general and to the
congressional intelligence committees, and the fair and
expeditious investigation and resolution of such matters.
(c) Conduct of Review.--The Inspector General of the
Intelligence Community shall take such measures as the
Inspector General determines necessary in order to ensure that
the review required by subsection (a) is conducted in an
independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a written report containing the results
of the review required under subsection (a), along with
recommendations to improve the timely and effective reporting
of intelligence community whistleblower matters to inspectors
general and to the congressional intelligence committees and
the fair and expeditious investigation and resolution of such
matters.
SEC. 6714. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community determined appropriate by the Director,
shall submit to the congressional intelligence committees a
report on the role of the Director in preparing analytic
materials in connection with the evaluation by the Federal
Government of national security risks associated with potential
foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall
include--
(1) a description of the current process for the
provision of the analytic materials described in
subsection (a);
(2) an identification of the most significant
benefits and drawbacks of such process with respect to
the role of the Director, including the sufficiency of
resources and personnel to prepare such materials; and
(3) recommendations to improve such process.
SEC. 6715. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES TELECOMMUNICATIONS NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
(3) The Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security, submit to the
appropriate congressional committees a report describing--
(1) any attempts known to the intelligence
community by foreign governments to exploit
cybersecurity vulnerabilities in United States
telecommunications networks (including Signaling System
No. 7) to target for surveillance United States
persons, including employees of the Federal Government;
and
(2) any actions, as of the date of the enactment of
this Act, taken by the intelligence community to
protect agencies and personnel of the United States
Government from surveillance conducted by foreign
governments.
SEC. 6716. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of
National Intelligence shall establish an intelligence
community interagency working group to prepare the
biennial reports required by subsection (b).
(2) Chairperson.--The Director of National
Intelligence shall serve as the chairperson of such
interagency working group.
(3) Membership.--Such interagency working group
shall be composed of representatives of each element of
the intelligence community that the Director of
National Intelligence determines appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after
the date of the enactment of this Act and not less
frequently than once every 2 years thereafter, the
Director of National Intelligence shall submit to the
appropriate congressional committees a report on
foreign investment risks prepared by the interagency
working group established under subsection (a).
(2) Elements.--Each report required by paragraph
(1) shall include identification, analysis, and
explanation of the following:
(A) Any current or projected major threats
to the national security of the United States
with respect to foreign investment.
(B) Any strategy used by a foreign country
that such interagency working group has
identified to be a country of special concern
to use foreign investment to target the
acquisition of critical technologies, critical
materials, or critical infrastructure.
(C) Any economic espionage efforts directed
at the United States by a foreign country,
particularly such a country of special concern.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and
Governmental Affairs and the Committee on Foreign
Relations of the Senate; and
(3) the Committee on Homeland Security and the
Committee on Foreign Affairs of the House of
Representatives.
SEC. 6717. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF
FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31) is amended by striking
``the number'' and inserting ``a best estimate''.
SEC. 6718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered
official' means--
``(A) the heads of each element of the
intelligence community; and
``(B) the inspectors general with oversight
responsibility for an element of the
intelligence community.
``(2) Investigation.--The term `investigation'
means any inquiry, whether formal or informal, into the
existence of an unauthorized public disclosure of
classified information.
``(3) Unauthorized disclosure of classified
information.--The term `unauthorized disclosure of
classified information' means any unauthorized
disclosure of classified information to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure
of classified information' means the unauthorized
disclosure of classified information to a journalist or
media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once
every 6 months, each covered official shall submit to
the congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
``(2) Elements.--Each report submitted under
paragraph (1) shall include, with respect to the
preceding 6-month period, the following:
``(A) The number of investigations opened
by the covered official regarding an
unauthorized public disclosure of classified
information.
``(B) The number of investigations
completed by the covered official regarding an
unauthorized public disclosure of classified
information.
``(C) Of the number of such completed
investigations identified under subparagraph
(B), the number referred to the Attorney
General for criminal investigation.
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once
every 6 months, the Assistant Attorney General for
National Security of the Department of Justice, in
consultation with the Director of the Federal Bureau of
Investigation, shall submit to the congressional
intelligence committees, the Committee on the Judiciary
of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the status of
each referral made to the Department of Justice from
any element of the intelligence community regarding an
unauthorized disclosure of classified information made
during the most recent 365-day period or any referral
that has not yet been closed, regardless of the date
the referral was made.
``(2) Contents.--Each report submitted under
paragraph (1) shall include, for each referral covered
by the report, at a minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the
alleged unauthorized disclosure described in
the referral was substantiated by the
Department of Justice.
``(C) A statement indicating the highest
level of classification of the information that
was revealed in the unauthorized disclosure.
``(D) A statement indicating whether an
open criminal investigation related to the
referral is active.
``(E) A statement indicating whether any
criminal charges have been filed related to the
referral.
``(F) A statement indicating whether the
Department of Justice has been able to
attribute the unauthorized disclosure to a
particular entity or individual.
``(d) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have a
classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 1104 the following
new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 6719. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED
INTELLIGENCE OFFICER AS PERSONA NON GRATA.
(a) Covered Intelligence Officer Defined.--In this section,
the term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in
a post in a foreign country; or
(2) a known or suspected foreign intelligence
officer serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after
a covered intelligence officer is designated as a persona non
grata, the Director of National Intelligence, in consultation
with the Secretary of State, shall submit to the congressional
intelligence committees, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the House
of Representatives a notification of that designation. Each
such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 6720. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process
document.--The term ``Vulnerabilities Equities Policy
and Process document'' means the executive branch
document entitled ``Vulnerabilities Equities Policy and
Process'' dated November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the
interagency review of vulnerabilities, pursuant to the
Vulnerabilities Equities Policy and Process document or
any successor document.
(3) Vulnerability.--The term ``vulnerability''
means a weakness in an information system or its
components (for example, system security procedures,
hardware design, and internal controls) that could be
exploited or could affect confidentiality, integrity,
or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities
Equities Policy and Process.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a written report describing--
(A) with respect to each element of the
intelligence community--
(i) the title of the official or
officials responsible for determining
whether, pursuant to criteria contained
in the Vulnerabilities Equities Policy
and Process document or any successor
document, a vulnerability must be
submitted for review under the
Vulnerabilities Equities Process; and
(ii) the process used by such
element to make such determination; and
(B) the roles or responsibilities of that
element during a review of a vulnerability
submitted to the Vulnerabilities Equities
Process.
(2) Changes to process or criteria.--Not later than
30 days after any significant change is made to the
process and criteria used by any element of the
intelligence community for determining whether to
submit a vulnerability for review under the
Vulnerabilities Equities Process, such element shall
submit to the congressional intelligence committees a
report describing such change.
(3) Form of reports.--Each report submitted under
this subsection shall be submitted in unclassified
form, but may include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence
shall submit to the congressional intelligence
committees a classified report containing, with respect
to the previous year--
(A) the number of vulnerabilities submitted
for review under the Vulnerabilities Equities
Process;
(B) the number of vulnerabilities described
in subparagraph (A) disclosed to each vendor
responsible for correcting the vulnerability,
or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of
the vulnerabilities excluded from review under
the Vulnerabilities Equities Process, as
described in paragraph 5.4 of the
Vulnerabilities Equities Policy and Process
document.
(2) Unclassified information.--Each report
submitted under paragraph (1) shall include an
unclassified appendix that contains--
(A) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to
the Vulnerabilities Equities Process; and
(B) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to
the Vulnerabilities Equities Process known to
have been patched.
(3) Nonduplication.--The Director of National
Intelligence may forgo submission of an annual report
required under this subsection for a calendar year, if
the Director notifies the intelligence committees in
writing that, with respect to the same calendar year,
an annual report required by paragraph 4.3 of the
Vulnerabilities Equities Policy and Process document
already has been submitted to Congress, and such annual
report contains the information that would otherwise be
required to be included in an annual report under this
subsection.
SEC. 6721. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not less than once per year in each
of the three fiscal years immediately following the date of the
enactment of this Act, each Inspector General listed in
subsection (b) shall submit to the congressional intelligence
committees a report that includes, with respect to the
department or agency of the Inspector General, analyses of the
following with respect to the prior fiscal year:
(1) The accuracy of the application of
classification and handling markers on a representative
sample of finished reports, including such reports that
are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying
topics of public or historical importance that merit
prioritization for a declassification review.
(b) Inspectors General Listed.--The Inspectors General
listed in this subsection are as follows:
(1) The Inspector General of the Intelligence
Community.
(2) The Inspector General of the Central
Intelligence Agency.
(3) The Inspector General of the National Security
Agency.
(4) The Inspector General of the Defense
Intelligence Agency.
(5) The Inspector General of the National
Reconnaissance Office.
(6) The Inspector General of the National
Geospatial-Intelligence Agency.
SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS OF GLOBAL
WATER INSECURITY AND EMERGING INFECTIOUS DISEASE
AND PANDEMICS.
(a) Global Water Insecurity.--
(1) Report.--
(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Director of National Intelligence shall
submit to the congressional intelligence
committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee
on Foreign Relations of the Senate a report on
the implications of water insecurity on the
national security interests of the United
States, including consideration of social,
economic, agricultural, and environmental
factors.
(B) Assessment scope and focus.--The report
submitted under subparagraph (A) shall include
an assessment of water insecurity described in
such subsection with a global scope, but focus
on areas of the world--
(i) of strategic, economic, or
humanitarian interest to the United
States--
(I) that are, as of the
date of the report, at the
greatest risk of instability,
conflict, human insecurity, or
mass displacement; or
(II) where challenges
relating to water insecurity
are likely to emerge and become
significant during the 5-year
or the 20-year period beginning
on the date of the report; and
(ii) where challenges relating to
water insecurity are likely to imperil
the national security interests of the
United States or allies of the United
States.
(C) Consultation.--In researching the
report required by subparagraph (A), the
Director shall consult with--
(i) such stakeholders within the
intelligence community, the Department
of Defense, and the Department of State
as the Director considers appropriate;
and
(ii) such additional Federal
agencies and persons in the private
sector as the Director considers
appropriate.
(D) Form.--The report submitted under
subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex.
(2) Quinquennial briefings.--Beginning on the date
that is 5 years after the date on which the Director
submits the report under paragraph (1), and every 5
years thereafter, the Director shall provide to the
committees specified in such paragraph a briefing that
updates the matters contained in the report.
(b) Emerging Infectious Disease and Pandemics.--
(1) Report.--
(A) In general.--Not later than 120 days
after the date of the enactment of this Act,
the Director of National Intelligence shall
submit to the appropriate congressional
committees a report on the anticipated
geopolitical effects of emerging infectious
disease (including deliberate, accidental, and
naturally occurring infectious disease threats)
and pandemics, and their implications on the
national security of the United States.
(B) Contents.--The report under
subparagraph (A) shall include an assessment
of--
(i) the economic, social,
political, and security risks, costs,
and impacts of emerging infectious
diseases on the United States and the
international political and economic
system;
(ii) the economic, social,
political, and security risks, costs,
and impacts of a major transnational
pandemic on the United States and the
international political and economic
system; and
(iii) contributing trends and
factors to the matters assessed under
clauses (i) and (ii).
(C) Examination of response capacity.--In
examining the risks, costs, and impacts of
emerging infectious disease and a possible
transnational pandemic under subparagraph (B),
the Director of National Intelligence shall
also examine in the report under subparagraph
(A) the response capacity within affected
countries and the international system. In
considering response capacity, the Director
shall include--
(i) the ability of affected nations
to effectively detect and manage
emerging infectious diseases and a
possible transnational pandemic;
(ii) the role and capacity of
international organizations and
nongovernmental organizations to
respond to emerging infectious disease
and a possible pandemic, and their
ability to coordinate with affected and
donor nations; and
(iii) the effectiveness of current
international frameworks, agreements,
and health systems to respond to
emerging infectious diseases and a
possible transnational pandemic.
(2) Quinquennial briefings.--Beginning on the date
that is 5 years after the date on which the Director
submits the report under paragraph (1), and every 5
years thereafter, the Director shall provide to the
congressional intelligence committees a briefing that
updates the matters contained in the report.
(3) Form.--The report under paragraph (1) and the
briefings under paragraph (2) may be classified.
(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on
Appropriations of the House of Representatives;
and
(C) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
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.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by striking subsection (a) and inserting the
following:
``(a) In General.--Each year, concurrent with the annual
budget request submitted by the President to Congress under
section 1105 of title 31, United States Code, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees a report that lists each
memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
during the most recently completed fiscal year between or among
such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of
an intelligence community who receives a request from the
Select Committee on Intelligence of the Senate or the Permanent
Select Committee on Intelligence of the House of
Representatives for a copy of a memorandum of understanding or
other document listed in a report submitted by the head under
subsection (a) shall submit to such committee the requested
copy as soon as practicable after receiving such request.''.
SEC. 6724. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE
AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall complete and submit to the congressional
intelligence committees a study on the feasibility of
encrypting unclassified wireline and wireless telephone calls
between personnel in the intelligence community.
(b) Briefing.--Not later than 90 days after the date on
which the Director submits the study required by subsection
(a), the Director shall provide to the congressional
intelligence committees a briefing on the Director's findings
with respect to such study.
SEC. 6725. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the
issuing of an Intelligence Community Directive or
otherwise, an intelligence-community-wide program for
student loan repayment, student loan forgiveness,
financial counseling, and related matters, for
employees of the intelligence community;
(2) creating such a program would enhance the
ability of the elements of the intelligence community
to recruit, hire, and retain highly qualified
personnel, including with respect to mission-critical
and hard-to-fill positions;
(3) such a program, including with respect to
eligibility requirements, should be designed so as to
maximize the ability of the elements of the
intelligence community to recruit, hire, and retain
highly qualified personnel, including with respect to
mission-critical and hard-to-fill positions; and
(4) to the extent possible, such a program should
be uniform throughout the intelligence community and
publicly promoted by each element of the intelligence
community to both current employees of the element as
well as to prospective employees of the element.
(b) Report on Potential Intelligence Community-Wide
Program.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of
National Intelligence, in cooperation with the heads of
the elements of the intelligence community and the
heads of any other appropriate department or agency of
the Federal Government, shall submit to the
congressional intelligence committees a report on
potentially establishing and carrying out an
intelligence-community-wide program for student loan
repayment, student loan forgiveness, financial
counseling, and related matters, as described in
subsection (a).
(2) Matters included.--The report under paragraph
(1) shall include, at a minimum, the following:
(A) A description of the financial
resources that the elements of the intelligence
community would require to establish and
initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to
establish and carry out such a program.
(C) The identification of any legislative
action the Director determines necessary to
establish and carry out such a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection,
the term ``covered programs'' means any loan repayment
program, loan forgiveness program, financial counseling
program, or similar program, established pursuant to
title X of the National Security Act of 1947 (50 U.S.C.
3191 et seq.) or any other provision of law that may be
administered or used by an element of the intelligence
community.
(2) Annual reports required.--Not less frequently
than once each year, the Director of National
Intelligence shall submit to the congressional
intelligence committees a report on the covered
programs. Each such report shall include, with respect
to the period covered by the report, the following:
(A) The number of personnel from each
element of the intelligence community who used
each covered program.
(B) The total amount of funds each element
expended for each such program.
(C) A description of the efforts made by
each element to promote each covered program
pursuant to both the personnel of the element
of the intelligence community and to
prospective personnel.
SEC. 6726. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-Standing Material Weaknesses.--Section
368 of the Intelligence Authorization Act for Fiscal Year 2010
(Public Law 110-259; 50 U.S.C. 3051 note) is hereby repealed.
(b) Interagency Threat Assessment and Coordination Group.--
Section 210D of the Homeland Security Act of 2002 (6 U.S.C.
124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and''
and inserting a period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as
subsections (g) and (h), respectively.
SEC. 6727. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this
section, the term ``Senior Executive Service position'' has the
meaning given that term in section 3132(a)(2) of title 5,
United States Code, and includes any position above the GS-15,
step 10, level of the General Schedule under section 5332 of
such title.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on the number of Senior
Executive Service positions in the Office of the Director of
National Intelligence.
(c) Matters Included.--The report under subsection (b)
shall include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based
on the mission of the Office.
(3) A discussion of how the number of the Senior
Executive Service positions in the Office compare to
the number of senior positions at comparable
organizations.
(d) Cooperation.--The Director of National Intelligence
shall provide to the Inspector General of the Intelligence
Community any information requested by the Inspector General of
the Intelligence Community that is necessary to carry out this
section by not later than 14 calendar days after the date on
which the Inspector General of the Intelligence Community makes
such request.
SEC. 6728. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING
PERMANENT RESIDENCE TO SOURCES AND COOPERATORS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall provide to the congressional intelligence committees a
briefing on the ability of the Federal Bureau of Investigation
to offer, as an inducement to assisting the Bureau, permanent
residence within the United States to foreign individuals who
are sources or cooperators in counterintelligence or other
national-security-related investigations. The briefing shall
address the following:
(1) The extent to which the Bureau may make such
offers, whether independently or in conjunction with
other agencies and departments of the United States
Government, including a discussion of the authorities
provided by section 101(a)(15)(S) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section
7 of the Central Intelligence Agency Act (50 U.S.C.
3508), and any other provision of law under which the
Bureau may make such offers.
(2) An overview of the policies and operational
practices of the Bureau with respect to making such
offers.
(3) The sufficiency of such policies and practices
with respect to inducing individuals to cooperate with,
serve as sources for such investigations, or both.
(4) Whether the Director recommends any legislative
actions to improve such policies and practices,
particularly with respect to the counterintelligence
efforts of the Bureau.
SEC. 6729. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
State for Intelligence and Research and the Assistant Secretary
of the Treasury for Intelligence and Analysis, shall produce an
intelligence assessment of the revenue sources of the North
Korean regime. Such assessment shall include revenue from the
following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore,
copper, silver, nickel, zinc, or rare earth minerals,
and other stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and
services.
(6) Sales of controlled goods, ballistic missiles,
and other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers
appropriate.
(8) The exportation of workers from North Korea in
a manner intended to generate significant revenue,
directly or indirectly, for use by the government of
North Korea.
(9) The provision of nonhumanitarian goods (such as
food, medicine, and medical devices) and services by
other countries.
(10) The provision of services, including banking
and other support, including by entities located in the
Russian Federation, China, and Iran.
(11) Online commercial activities of the Government
of North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled
crime and counterfeit goods.
(b) Elements.--The assessment required under subsection (a)
shall include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and nonfinancial networks, including
supply chain management, transportation, and
facilitation, through which North Korea accesses the
United States and international financial systems and
repatriates and exports capital, goods, and services;
and
(3) the global financial institutions, money
services business, and payment systems that assist
North Korea with financial transactions.
(c) Submittal to Congress.--Upon completion of the
assessment required under subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate a copy of such assessment.
SEC. 6730. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY
TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop
Terrorist Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of the Treasury and the
Under Secretary of Homeland Security for Intelligence and
Analysis, shall submit to Congress a report on the possible
exploitation of virtual currencies by terrorist actors. Such
report shall include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State
sponsors of terrorism use virtual currencies.
(2) An assessment of the use by terrorist
organizations and state sponsors of terrorism of
virtual currencies compared to the use by such
organizations and states of other forms of financing to
support operations, including an assessment of the
collection posture of the intelligence community on the
use of virtual currencies by such organizations and
states.
(3) A description of any existing legal impediments
that inhibit or prevent the intelligence community from
collecting information on or helping prevent the use of
virtual currencies by international terrorist
organizations and state sponsors of terrorism and an
identification of any gaps in existing law that could
be exploited for illicit funding by such organizations
and States.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Dissemination to State and Local Partners.--Consistent
with the protection of classified and confidential unclassified
information, the Under Secretary shall share the report
required by subsection (b) with State, local, and regional
officials who operate within State, local, and regional fusion
centers through the Department of Homeland Security State,
Local, and Regional Fusion Center Initiative established in
section 210A of the Homeland Security Act of 2002 (6 U.S.C.
124h).
Subtitle C--Other Matters
SEC. 6741. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Meetings.--Section 703(e) of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3161 note) is amended by striking ``funds.'' and inserting
``funds, but shall meet in person not less frequently than on a
quarterly basis.''.
(b) Removal of Sunset.--Section 710 of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3161 note) is amended--
(1) by striking subsection (b);
(2) in the section heading, by striking ``;
sunset''; and
(3) by striking ``(a) Effective Date.--''.
(c) Status of Board.--Notwithstanding section 710(b) of the
Public Interest Declassification Act of 2000 (Public Law 106-
567; 50 U.S.C. 3161 note) as in effect on the day before the
date of the enactment of this Act--
(1) the Public Interest Declassification Board
shall be deemed to not have terminated for purposes of
the appointment of members to the Board;
(2) section 703(h) of such Act shall not apply with
respect to the period beginning on December 31, 2018,
and ending on the day before the date of the enactment
of this Act; and
(3) the length of the terms of the members serving
on the Board as of December 30, 2018, shall be
calculated by not counting the period specified in
paragraph (2).
SEC. 6742. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY
ACT OF 1947.
(a) Table of Contents.--The table of contents at the
beginning of the National Security Act of 1947 (50 U.S.C. 3001
et seq.) is amended--
(1) by inserting after the item relating to section
2 the following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B
and inserting the following new item:
``Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions.'';
(4) by striking the items relating to sections 202,
203, 204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section
311 the following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further
amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of
subsection (g), by moving the margins of such
subparagraph 2 ems to the left; and
(B) in paragraph (3) of subsection (v), by
moving the margins of such paragraph 2 ems to
the left;
(2) in section 106--
(A) by inserting ``Sec. 106.'' before
``(a)'' and conforming the typeface and
typestyle accordingly; and
(B) in subparagraph (I) of paragraph (2) of
subsection (b), by moving the margins of such
subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a
classified and an unclassified form'' and inserting
``to Congress in classified form, but may include an
unclassified summary'';
(5) in section 112(c)(1), by striking ``section
103(c)(7)'' and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of
this Act or other provisions of law, the provisions of title 5,
United States Code, shall be applicable to the Department of
Defense.'';
(7) in section 205, by redesignating subsections
(b) and (c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act''
and inserting ``sections 2, 101, 102, 103, and 303 of
this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such
paragraph 4 ems to the left; and
(ii) by moving the margins of
subparagraph (B) of such paragraph 2
ems to the left; and
(B) in paragraph (2) of subsection (d), by
moving the margins of such paragraph 2 ems to
the left; and
(13) in subparagraph (B) of paragraph (3) of
subsection (a) of section 504, by moving the margins of
such subparagraph 2 ems to the right.
SEC. 6743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services and the
Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives.
(2) Bug bounty program.--The term ``bug bounty
program'' means a program under which an approved
computer security specialist or security researcher is
temporarily authorized to identify and report
vulnerabilities within the information system of an
agency or department of the United States in exchange
for compensation.
(3) Information system.--The term ``information
system'' has the meaning given that term in section
3502 of title 44, United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the Secretary
of Defense, shall submit to appropriate committees of
Congress a strategic plan for appropriate agencies and
departments of the United States to implement bug
bounty programs.
(2) Contents.--The plan required by paragraph (1)
shall include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot
program carried out by the Department
of Defense in 2016 and subsequent bug
bounty programs in identifying and
reporting vulnerabilities within the
information systems of the Department
of Defense; and
(ii) private sector bug bounty
programs, including such programs
implemented by leading technology
companies in the United States; and
(B) recommendations on the feasibility of
initiating bug bounty programs at appropriate
agencies and departments of the United States.
SEC. 6744. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) National Nuclear Security Administration Act.--Section
3233(b) of the National Nuclear Security Administration Act (50
U.S.C. 2423(b)) is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) by inserting ``Intelligence and'' after ``the
Office of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the
Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by
inserting ``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of
section 106(b) of the National Security Act of 1947 (50 U.S.C.
3041(b)(2)) is amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (F), (G), and (H), respectively.
SEC. 6745. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term
``adversary foreign government'' means the government
of any of the following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term
``covered classified information'' means classified
information that was--
(A) collected by an element of the
intelligence community; or
(B) provided by the intelligence service or
military of a foreign country to an element of
the intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to
exchange intelligence to coordinate foreign
intelligence relationships, as established pursuant to
law by the Director of National Intelligence, the
Director of the Central Intelligence Agency, the
Director of the National Security Agency, or other head
of an element of the intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any
officer or employee of the executive branch, including
individuals--
(A) occupying a position specified in
article II of the Constitution;
(B) appointed to a position by an
individual described in subparagraph (A); or
(C) serving in the civil service or the
Senior Executive Service (or similar service
for senior executives of particular departments
or agencies).
(b) Findings.--Congress finds that section 502 of the
National Security Act of 1947 (50 U.S.C. 3092) requires
elements of the intelligence community to keep the
congressional intelligence committees ``fully and currently
informed'' about all ``intelligence activities'' of the United
States, and to ``furnish to the congressional intelligence
committees any information or material concerning intelligence
activities * * * which is requested by either of the
congressional intelligence committees in order to carry out its
authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of
1947 (50 U.S.C. 3092), together with other intelligence
community authorities, obligates an element of the
intelligence community to submit to the congressional
intelligence committees written notification, by not
later than 7 days after becoming aware, that an
individual in the executive branch has disclosed
covered classified information to an official of an
adversary foreign government using methods other than
established intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of
classified information covered by the
notification;
(B) a description of such classified
information;
(C) identification of the individual who
made such disclosure and the individual to whom
such disclosure was made; and
(D) a summary of the circumstances of such
disclosure.
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.
It is the sense of the Congress that the Secretary of
State, in considering whether or not to provide a visa to a
foreign individual to be accredited to a United Nations mission
in the United States, should consider--
(1) known and suspected intelligence activities,
espionage activities, including activities constituting
precursors to espionage, carried out by the individual
against the United States, foreign allies of the United
States, or foreign partners of the United States; and
(2) the status of an individual as a known or
suspected intelligence officer for a foreign adversary.
SEC. 6747. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile
intelligence service often abetted by state actors and should
be treated as such a service by the United States.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
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.
Part II--Congressional Review and Oversight
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.
Part III--General Matters
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.
Subtitle B--Financial Industry Guidance to Halt Trafficking
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. 7101. SHORT TITLE.
This title may be cited as the ``Otto Warmbier North Korea
Nuclear Sanctions and Enforcement Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 7111. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with
its allies and partners to halt the nuclear and
ballistic missile programs of North Korea through a
policy of maximum pressure and diplomatic engagement;
(2) the imposition of sanctions, including those
under this title, should not be construed to limit the
authority of the President to fully engage in
diplomatic negotiations to further the policy objective
described in paragraph (1);
(3) the successful use of sanctions to halt the
nuclear and ballistic missile programs of North Korea
is part of a broader diplomatic and economic strategy
that relies on effective coordination among relevant
Federal agencies and officials, as well as with
international partners of the United States; and
(4) the coordination described in paragraph (3)
should include proper vetting of external messaging and
communications from all parts of the Executive branch
to ensure that those communications are an intentional
component of and aligned with the strategy of the
United States with respect to North Korea.
SEC. 7112. DEFINITIONS.
In this subtitle, the terms ``applicable Executive order'',
``applicable United Nations Security Council resolution'',
``appropriate congressional committees'', ``Government of North
Korea'', ``North Korea'', ``North Korean financial
institution'', and ``North Korean person'' have the meanings
given those terms in section 3 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9202).
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 7121. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS
THAT PROVIDE FINANCIAL SERVICES TO CERTAIN
SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is
amended by inserting after section 201A the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS
THAT PROVIDE FINANCIAL SERVICES TO CERTAIN
SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall
impose one or more of the sanctions described in subsection (b)
with respect to a foreign financial institution that the
Secretary determines, in consultation with the Secretary of
State, knowingly, on or after the date that is 120 days after
the date of the enactment of the Otto Warmbier North Korea
Nuclear Sanctions and Enforcement Act of 2019, provides
significant financial services to any person designated for the
imposition of sanctions with respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be
imposed with respect to a foreign financial institution subject
to subsection (a) are the following:
``(1) Asset blocking.--The Secretary may block and
prohibit, pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.), all
transactions in all property and interests in property
of the foreign financial institution if such property
and interests in property are in the United States,
come within the United States, or are or come within
the possession or control of a United States person.
``(2) Restrictions on correspondent and payable-
through accounts.--The Secretary may prohibit, or
impose strict conditions on, the opening or maintaining
in the United States of a correspondent account or a
payable-through account by the foreign financial
institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise
all authorities provided under sections 203 and 205 of
the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
``(2) Penalties.--A person that violates, attempts
to violate, conspires to violate, or causes a violation
of this section or any regulation, license, or order
issued to carry out this section shall be subject to
the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in
subsection (a) of that section.
``(d) Regulations.--Not later than 120 days after the date
of the enactment of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019, the President shall, as
appropriate, prescribe regulations to carry out this section.
``(e) Exception Relating to Importation of Goods.--
``(1) In general.--Notwithstanding section 404(b)
or any provision of this section, the authorities and
requirements to impose sanctions under this section
shall not include the authority or a requirement to
impose sanctions on the importation of goods.
``(2) Good defined.--In this subsection, the term
`good' means any article, natural or manmade substance,
material, supply or manufactured product, including
inspection and test equipment, and excluding technical
data.
``(f) Definitions.--In this section:
``(1) Account; correspondent account; payable-
through account.--The terms `account', `correspondent
account', and `payable-through account' have the
meanings given those terms in section 5318A of title
31, United States Code.
``(2) Foreign financial institution.--The term
`foreign financial institution' has the meaning given
that term in section 510.309 of title 31, Code of
Federal Regulations (or any corresponding similar
regulation or ruling).
``(3) Knowingly.--The term `knowingly', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
``SEC. 201C. PROHIBITION ON TRANSACTIONS WITH CERTAIN SANCTIONED
PERSONS BY PERSONS OWNED OR CONTROLLED BY UNITED
STATES FINANCIAL INSTITUTIONS.
``(a) In General.--Not later than 180 days after the date
of the enactment of the Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019, the Secretary of the
Treasury, in consultation with the Secretary of State, shall
prohibit an entity owned or controlled by a United States
financial institution and established or maintained outside the
United States from knowingly engaging in any transaction
described in subsection (b) directly or indirectly with the
Government of North Korea or any person designated for the
imposition of sanctions with respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Transactions Described.--A transaction described in
this subsection is a transaction that would be prohibited by an
order or regulation issued pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if the
transaction were engaged in in the United States or by a United
States person.
``(c) Civil Penalties.--The civil penalty provided for in
section 206(b) of the International Emergency Economic Powers
Act (50 U.S.C. 1705(b)) shall apply to a United States
financial institution to the same extent that such penalty
applies to a person that commits an unlawful act described in
section 206(a) of that Act if an entity owned or controlled by
the United States financial institution and established or
maintained outside the United States violates, attempts to
violate, conspires to violate, or causes a violation of any
order or regulation issued to implement subsection (a).
``(d) United States Financial Institution Defined.--In this
section, the term `United States financial institution' has the
meaning given the term `U.S. financial institution' in section
510.328 of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).''.
(b) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 201A
the following:
``Sec. 201B. Sanctions with respect to foreign financial institutions
that provide financial services to certain sanctioned persons.
``Sec. 201C. Prohibition on transactions with certain sanctioned persons
by persons owned or controlled by United States financial
institutions.''.
SEC. 7122. MANDATORY DESIGNATIONS UNDER NORTH KOREA SANCTIONS AND
POLICY ENHANCEMENT ACT OF 2016.
(a) In General.--Section 104 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9214) is
amended--
(1) by adding at the end the following:
``(g) Additional Mandatory Designations.--
``(1) In general.--Except as provided in section
208, the President shall designate under this
subsection any person that the President determines--
``(A) knowingly, directly or indirectly,
engages in the importation from or exportation
to North Korea of significant quantities of--
``(i)(I) coal, textiles, seafood,
iron, or iron ore; or
``(II) refined petroleum products
or crude oil above limits set by the
United Nations Security Council and
with which the United States concurs;
or
``(ii) services or technology
related to goods specified in clause
(i);
``(B) knowingly facilitates a significant
transfer of funds or property of the Government
of North Korea that materially contributes to
any violation of an applicable United Nations
Security Council resolution;
``(C) knowingly, directly or indirectly,
engages in, facilitates, or is responsible for
the exportation of workers from North Korea, or
the employment of such workers, in a manner
that generates significant revenue, directly or
indirectly, for use by the Government of North
Korea or by the Workers' Party of Korea;
``(D) knowingly, directly or indirectly,
sells or transfers a significant number of
vessels to North Korea, except as specifically
approved by the United Nations Security
Council;
``(E) knowingly engages in a significant
activity to charter, insure, register,
facilitate the registration of, or maintain
insurance or a registration for, a vessel
owned, controlled, commanded, or crewed by a
North Korean person; or
``(F) knowingly contributes to and
participates in--
``(i) a significant act of bribery
of an official of the Government of
North Korea or any person acting for or
on behalf of that official;
``(ii) the misappropriation, theft,
or embezzlement of a significant amount
of public funds by, or for the benefit
of, an official of the Government of
North Korea or any person acting for or
on behalf of that official; or
``(iii) the use of any proceeds of
any activity described in subparagraph
(A) or (B).'';
(2) in subsection (c), by inserting ``or (g)''
after ``subsection (a)'';
(3) in subsection (d)--
(A) by striking ``or'' the first place it
appears and inserting a comma; and
(B) by inserting ``, or (g)'' after
``(b)''; and
(4) in subsection (e)--
(A) by striking ``or'' the last place it
appears and inserting a comma; and
(B) by inserting ``, or (g)'' after
``(b)''.
(b) Conforming Amendments.--The North Korea Sanctions and
Policy Enhancement Act of 2016 is amended--
(1) in section 3(4) (22 U.S.C. 9202(4))--
(A) by striking ``or'' the first place it
appears and inserting a comma; and
(B) by inserting ``, or (g)'' after
``(b)''; and
(2) in section 102 (22 U.S.C. 9212)--
(A) in subsection (a), by inserting ``or
(g)'' after ``section 104(a)'' each place it
appears; and
(B) in subsection (b)(1)--
(i) by striking ``and'' the first
place it appears and inserting a comma;
and
(ii) by inserting ``, and (g)''
after ``(b)''; and
(3) in section 204 (22 U.S.C. 9224), by inserting
``or (g)'' after ``section 104(a)'' each place it
appears; and
(4) in section 302(b)(3) (22 U.S.C. 9241(b)(3)) is
amended by striking ``section 104(b)(1)(M)'' and
inserting ``section 104(g)(1)(C)''.
SEC. 7123. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION
PREVENTION SANCTIONS.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 7124. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) In General.--The Bretton Woods Agreements Act (22
U.S.C. 286 et seq.) is amended by adding at the end the
following:
``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT FAILS TO
IMPLEMENT SANCTIONS ON NORTH KOREA.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c) of the International Financial Institutions Act (22
U.S.C. 262r(c))) that it is the policy of the United States to
oppose the provision by that institution of financial
assistance to a foreign government, other than assistance to
support basic human needs, if the President determines that, in
the year preceding consideration of approval of such
assistance, the government has knowingly failed to adequately
enforce sanctions under an applicable United Nations Security
Council resolution (as defined in section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202)).
``(b) Waiver.--The President may waive subsection (a) for
up to 180 days at a time with respect to a foreign government
if the President--
``(1) determines that--
``(A) the failure of the foreign government
described in subsection (a) is due exclusively
to a lack of capacity on the part of the
foreign government;
``(B) the foreign government is taking
effective steps to prevent recurrence of such
failure; or
``(C) the waiver is in the national
security interests of the United States; and
``(2) submits to Congress a report on the reasons
for the determination under paragraph (1).''.
(b) Termination.--Effective on the date that is 10 years
after the date of the enactment of this Act, section 73 of the
Bretton Woods Agreements Act, as added by subsection (a), is
repealed.
SEC. 7125. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF
TERRORISM.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF
TERRORISM.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to
use the voice and vote of the United States to support the
increased use of the administrative budget of the Fund for
technical assistance that strengthens the capacity of members
of the Fund to prevent money laundering and the financing of
terrorism.''.
(b) Termination.--Effective on the date that is 5 years
after the date of the enactment of this Act, section 1629 of
the International Financial Institutions Act, as added by
subsection (a), is repealed.
(c) National Advisory Council Report to Congress.--The
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in each report
required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) after the date of the
enactment of this Act and before December 31, 2023, a
description of--
(1) the activities of the International Monetary
Fund in the fiscal year covered by the report to
provide technical assistance that strengthens the
capacity of members of the Fund to prevent money
laundering and the financing of terrorism, and the
effectiveness of the assistance; and
(2) the efficacy of efforts by the United States to
support such technical assistance through the use of
the Fund's administrative budget, and the level of such
support.
SEC. 7126. REPORT AND BRIEFINGS ON COMPLIANCE, PENALTIES, AND TECHNICAL
ASSISTANCE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall submit to the committees specified in subsection
(d) a report that includes--
(1) a list of financial institutions that, during
the period beginning on the date that is one year
before the date of the enactment of this Act and ending
on the date of the report, knowingly facilitated a
significant transaction or transactions or provided
significant financial services for--
(A) any North Korean person designated
under an applicable Executive order;
(B) any North Korean person that knowingly
facilitates the transfer of bulk cash or
covered goods (as defined under section
1027.100 of title 31, Code of Federal
Regulations (or any corresponding similar
regulation or ruling));
(C) any person that knowingly invests in,
or participates in a joint venture with, an
entity in which the Government of North Korea
participates or an entity that is created or
organized under the laws of North Korea;
(D) any person that knowingly provides
financial services, including through a
subsidiary or joint venture, in North Korea;
(E) any person that knowingly provides
specialized teaching, training, or information
or provides material or technological support
to a North Korean person that--
(i) may contribute to North Korea's
development and proliferation of
weapons of mass destruction, including
systems designed in whole or in part
for the delivery of such weapons; or
(ii) may contribute to significant
activities undermining cybersecurity;
and
(2) a description of efforts by the Department of
the Treasury during the period described in paragraph
(1), through outreach, consultations, technical
assistance, or other appropriate activities, to
strengthen the capacity of financial institutions and
foreign governments to prevent the provision of
financial services benefitting any person subject to
sanctions under--
(A) this Act or an amendment made by this
Act;
(B) an applicable Executive order; or
(C) an applicable United Nations Security
Council resolution.
(b) Annual Briefings.--Not later than one year after the
submission of the report required by subsection (a), and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the Secretary of the
Treasury shall brief the committees specified in subsection (d)
on the matters covered by the report for the one-year period
preceding the briefing.
(c) Testimony Required.--Upon request of either of the
committees specified in subsection (d), the Under Secretary of
the Treasury for Terrorism and Financial Crimes shall testify
to explain the effects of this Act and the amendments made by
this Act on North Korea's access to illicit finance channels.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Financial Services of the
House of Representatives; and
(2) the Committee on Banking, Housing, and Urban
Affairs of the Senate.
SEC. 7127. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING OF PROPERTY
OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration to
counter the money laundering, terrorist financing, and
proliferation financing threats emanating from North
Korea; and
(2) prioritize multilateral efforts to identify and
block--
(A) any property owned or controlled by a
North Korean official; and
(B) any significant proceeds of kleptocracy
by the Government of North Korea or a North
Korean official.
SEC. 7128. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED NATIONS
SECURITY COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1),
by striking ``Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter for 5 years,'' and inserting ``Not
later than 180 days after the date of the
enactment of the Otto Warmbier North Korea
Nuclear Sanctions and Enforcement Act of 2019,
and annually thereafter for 5 years,'';
(B) in paragraph (3), by striking ``; or''
and inserting a semicolon;
(C) by redesignating paragraph (4) as
paragraph (8); and
(D) by inserting after paragraph (3) the
following:
``(4) prohibit, in the territories of such
countries or by persons subject to the jurisdiction of
such governments, the opening of new joint ventures or
cooperative entities with North Korean persons or the
expansion of existing joint ventures through additional
investments, whether or not for or on behalf of the
Government of North Korea, unless such joint ventures
or cooperative entities have been approved by the
committee of the United Nations Security Council
established by United Nations Security Council
Resolution 1718 (2006);
``(5) prohibit the unauthorized clearing of funds
by North Korean financial institutions through
financial institutions subject to the jurisdiction of
such governments;
``(6) prohibit the unauthorized conduct of
commercial trade with North Korea that is prohibited
under applicable United Nations Security Council
resolutions;
``(7) prevent the provision of significant
financial services to North Korean persons or the
transfer of such services to North Korean persons to,
through, or from the territories of such countries or
by persons subject to the jurisdiction of such
governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and
leadership.--The term `appropriate congressional
committees and leadership' means--
``(A) the Committee on Foreign Relations,
the Committee on Banking, Housing, and Urban
Affairs, and the majority and minority leaders
of the Senate; and
``(B) the Committee on Foreign Affairs, the
Committee on Financial Services, the Committee
on Ways and Means, and the Speaker, the
majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council
resolution; north korean financial institution; north
korean person.--The terms `applicable United Nations
Security Council resolution', `North Korean financial
institution', and `North Korean person' have the
meanings given those terms in section 3 of the North
Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9202).''.
SEC. 7129. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF BENEFICIAL
OWNERSHIP RULES TO ACCESS THE INTERNATIONAL
FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report setting forth the
findings of the Secretary regarding how the Government of North
Korea is exploiting the laws of countries other than the United
States with respect to the beneficial owner of an entity in
order to access the international financial system.
(b) Elements.--The Secretary shall include in the report
required under subsection (a) proposals for such legislative
and administrative action as the Secretary considers
appropriate to combat the abuse by the Government of North
Korea of shell companies and other similar entities subject to
the jurisdiction of governments other than the United States
Government to avoid or evade sanctions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 7131. NOTIFICATION OF TERMINATION OR SUSPENSION OF SANCTIONS.
Before taking any action to terminate or suspend the
application of sanctions under this subtitle or an amendment
made by this subtitle, the President shall notify the
appropriate congressional committees of the President's intent
to take the action and the reasons for the action.
SEC. 7132. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter, the President shall submit to the
committees specified in paragraph (2) a report on the
operation of the system for issuing licenses for
transactions under covered regulatory provisions during
the preceding 180-day period that includes--
(A) the number and types of such licenses
applied for during that period; and
(B) the number of such licenses issued
during that period and information identifying
the person receiving each such license.
(2) Committees specified.--The committees specified
in this paragraph are the following:
(A) The Committee on Financial Services and
the Committee on Foreign Affairs of the House
of Representatives.
(B) The Committee on Banking, Housing, and
Urban Affairs and the Committee on Foreign
Relations of the Senate.
(b) Submission of Copies of Licenses on Request.--The
Secretary of the Treasury shall expeditiously provide a copy of
any license identified in a report required by subsection
(a)(1) to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate if an appropriate Member of
Congress requests a copy of that license not later than 30 days
after submission of the report.
(c) Form.--Each report required by subsection (a), and each
copy of a license submitted under subsection (b), shall be
submitted in unclassified form but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate member of congress.--The term
``appropriate Member of Congress'' means--
(A) the chairman or ranking member of the
Committee on Financial Services of the House of
Representatives; or
(B) the chairman or ranking member of the
Committee on Banking, Housing, and Urban
Affairs of the Senate.
(2) Covered regulatory provision.--The term
``covered regulatory provision'' means any of the
following provisions, as in effect on the day before
the date of the enactment of this Act and as such
provisions relate to North Korea:
(A) Part 743, 744, or 746 of title 15, Code
of Federal Regulations.
(B) Part 510 of title 31, Code of Federal
Regulations.
(C) Any other provision of title 31, Code
of Federal Regulations.
SEC. 7133. REPORT AND BRIEFINGS ON FINANCIAL NETWORKS AND FINANCIAL
METHODS OF THE GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the President shall
submit to the appropriate congressional committees a
report on sources of external support for the
Government of North Korea that includes--
(A) a description of the methods used by
the Government of North Korea to deal in,
transact in, or conceal the ownership, control,
or origin of, goods and services exported by
North Korea;
(B) an assessment of the relationship
between the proliferation of weapons of mass
destruction by the Government of North Korea
and the financial industry or financial
institutions;
(C) an assessment of the relationship
between the acquisition by the Government of
North Korea of military expertise, equipment,
and technology and the financial industry or
financial institutions;
(D) a description of the export by any
person to the United States of goods, services,
or technology that are made with significant
amounts of North Korean labor, material, or
goods, including minerals, manufacturing,
seafood, overseas labor, or other exports from
North Korea;
(E) an assessment of the involvement of any
person in human trafficking involving citizens
or nationals of North Korea;
(F) a description of how the President
plans to address the flow of funds generated by
activities described in subparagraphs (A)
through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which
the Government of North Korea engages in
criminal activities, including money
laundering, to support that Government;
(H) information relating to the
identification, blocking, and release of
property described in section 201B(b)(1) of the
North Korea Sanctions and Policy Enhancement
Act of 2016, as added by section 7121;
(I) a description of the metrics used to
measure the effectiveness of law enforcement
and diplomatic initiatives of Federal, State,
and foreign governments to comply with the
provisions of applicable United Nations
Security Council resolutions; and
(J) an assessment of the effectiveness of
programs within the financial industry to
ensure compliance with United States sanctions,
applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form but may include
a classified annex.
(b) Briefings.--Not later than one year after the
submission of the report required by subsection (a), and
annually thereafter until the date that is 5 years after the
date of the enactment of this Act, the President shall brief
the appropriate congressional committees on the matters covered
by the report for the one-year period preceding the briefing.
(c) Interagency Coordination.--The President shall ensure
that any information collected pursuant to subsection (a) is
shared among the Federal departments and agencies involved in
investigations described in section 102(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9212(b)).
SEC. 7134. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF
CERTAIN ITEMS TO NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2023, the Director of National Intelligence shall submit to the
President, the Secretary of Defense, the Secretary of Commerce,
the Secretary of State, the Secretary of the Treasury, and the
appropriate congressional committees a report that identifies
all countries that the Director determines are of concern with
respect to transshipment, reexportation, or diversion of items
subject to the provisions of the Export Administration
Regulations under subchapter C of chapter VII of title 15, Code
of Federal Regulations, to an entity owned or controlled by the
Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART III--GENERAL MATTERS
SEC. 7141. RULEMAKING.
The President shall prescribe such rules and regulations as
may be necessary to carry out this subtitle and amendments made
by this subtitle.
SEC. 7142. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be
submitted to the appropriate congressional committees under
this subtitle or an amendment made by this subtitle that are
subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is
submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection
(a) shall contain all information required under this subtitle
or an amendment made by this subtitle and any other elements
that may be required by existing law.
SEC. 7143. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions From and
Waivers of North Korea Sanctions and Policy Enhancement Act of
2016.--Section 208 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228) is amended by
inserting ``201B, 201C,'' after ``201A,'' each place it
appears.
(b) Suspension.--
(1) In general.--Subject to section 7131, the
President may suspend the application of any provision
of or amendment made by this subtitle (other than
section 7147 of this title or section 201B(e) of the
North Korea Sanctions and Policy Enhancement Act of
2016, as added by section 7121 of this title) with
respect to an entity, individual, or transaction, for
renewable periods of not more than 180 days each if,
before such a suspension or renewal of such a
suspension takes effect, the President submits to the
appropriate congressional committees--
(A) a certification that--
(i) the Government of North Korea
has--
(I) committed to the
verifiable suspension of North
Korea's proliferation and
testing of weapons of mass
destruction, including systems
designed in whole or in part
for the delivery of such
weapons; and
(II) has agreed to
multilateral talks including
the Government of the United
States, with the goal of
permanently and verifiably
limiting North Korea's weapons
of mass destruction and
ballistic missile programs; or
(ii) the suspension is vital to the
national security interests of the
United States; and
(B) if the President submits a
certification under subparagraph (A)(ii), an
explanation of the reasons the suspension is
vital to the national security interests of the
United States.
(2) Conforming amendment.--Section 401(a) of the
North Korea Sanctions and Policy Enhancement Act of
2016 (22 U.S.C. 9251(a)) is amended by inserting
``(other than section 104(g), 201B, or 201C)'' after
``such titles)''.
(c) Termination.--Subject to section 7131, any requirement
to impose sanctions under this subtitle or the amendments made
by this subtitle, and any sanctions imposed pursuant to this
subtitle or any such amendment, shall terminate on the date on
which the President makes the certification described in
section 402 of the North Korea Sanctions and Policy Enhancement
Act of 2016 (22 U.S.C. 9252).
SEC. 7144. PROCEDURES FOR REVIEW OF CLASSIFIED AND CERTAIN OTHER
INFORMATION.
(a) In General.--If a finding under this subtitle or an
amendment made by this subtitle, a prohibition, condition, or
penalty imposed as a result of any such finding, or a penalty
imposed under this subtitle or an amendment made by this
subtitle, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)), law enforcement information, or any other
information protected from disclosure by statute, and a court
reviews the finding or the imposition of the prohibition,
condition, or penalty, the Secretary of the Treasury may submit
such information to the court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle or an amendment made by this
subtitle, any prohibition, condition, or penalty imposed as a
result of any such finding, or any penalty imposed under this
subtitle or an amendment made by this subtitle.
SEC. 7145. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Treasury shall provide to the
appropriate congressional committees a briefing on--
(1) the resources allocated by the Department of
the Treasury to support each sanctions program
administered by the Department; and
(2) recommendations for additional authorities or
resources necessary to expand the capacity or
capability of the Department related to implementation
and enforcement of such programs.
SEC. 7146. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
appropriate congressional committees a briefing on addressing
proliferation finance.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The Department of the Treasury's description of
the principles underlying appropriate methods for
combating the financing of the proliferation of weapons
of mass destruction.
(2) An assessment of--
(A) Federal financial regulatory agency
oversight, including by the Financial Crimes
Enforcement Network, of United States financial
institutions and the adoption by their foreign
subsidiaries, branches, and correspondent
institutions of the principles described under
paragraph (1); and
(B) whether financial institutions in
foreign jurisdictions known by the United
States intelligence and law enforcement
communities to be jurisdictions through which
North Korea moves substantial sums of licit and
illicit finance are applying a risk-based
approach to proliferation financing, and if
that approach is comparable to the approach
required by United States financial institution
supervisors.
(3) A survey of the technical assistance the Office
of Technical Assistance of the Department of the
Treasury and other appropriate Executive branch offices
currently provide foreign governments on implementing
counter-proliferation financing best practices.
(4) An assessment of the ability of foreign
subsidiaries, branches, and correspondent institutions
of United States financial institutions to implement a
risk-based approach to proliferation financing.
SEC. 7147. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle or any amendment made
by this subtitle shall not include the authority or requirement
to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply or
manufactured product, including inspection and test equipment,
and excluding technical data.
Subtitle B--Financial Industry Guidance to Halt Trafficking
SEC. 7151. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry
Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 7152. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as
appropriate, existing sanctions for human trafficking
authorized under section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108);
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury should continue--
(A) to monitor reporting required under
subchapter II of chapter 53 of title 31, United
States Code (commonly known as the ``Bank
Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories
to provide covered financial institutions, as
appropriate, with a list of new ``red flags''
for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the
advisories described in subparagraph (B) to
incorporate relevant elements provided in the
advisories into their current transaction and
account monitoring systems or in policies,
procedures, and training on human trafficking
to enable financial institutions to maintain
ongoing efforts to examine transactions and
accounts;
(D) to use geographic targeting orders, as
appropriate, to impose additional reporting and
recordkeeping requirements under section
5326(a) of title 31, United States Code, to
carry out the purposes of, and prevent evasions
of, the Bank Secrecy Act; and
(E) to utilize the Bank Secrecy Act
Advisory Group and other relevant entities to
identify opportunities for nongovernmental
organizations to share relevant actionable
information on human traffickers' use of the
financial sector for nefarious purposes;
(3) Federal banking regulators, the Department of
the Treasury, relevant law enforcement agencies, and
the Human Smuggling and Trafficking Center, in
partnership with representatives from the United States
financial community, should adopt regular forms of
sharing information to disrupt human trafficking,
including developing protocols and procedures to share
actionable information between and among covered
institutions, law enforcement, and the United States
intelligence community;
(4) training frontline bank and money service
business employees, school teachers, law enforcement
officers, foreign service officers, counselors, and the
general public is an important factor in identifying
trafficking victims;
(5) the Department of Homeland Security's Blue
Campaign, training by the BEST Employers Alliance, and
similar efforts by industry, human rights, and
nongovernmental organizations focused on human
trafficking provide good examples of current efforts to
educate employees of critical sectors with respect to
how to save victims and disrupt trafficking networks;
(6) the President should intensify diplomatic
efforts, bilaterally and in appropriate international
fora such as the United Nations, to develop and
implement a coordinated, consistent, multilateral
strategy for addressing the international financial
networks supporting human trafficking; and
(7) in deliberations between the United States
Government and any foreign country, including through
participation in the Egmont Group of Financial
Intelligence Units, regarding money laundering,
corruption, and transnational crimes, the United States
Government should--
(A) encourage cooperation by foreign
governments and relevant international fora in
identifying the extent to which the proceeds
from human trafficking are being used to
facilitate terrorist financing, corruption, or
other illicit financial crimes;
(B) encourage cooperation by foreign
governments and relevant international fora in
identifying the nexus between human trafficking
and money laundering;
(C) advance policies that promote the
cooperation of foreign governments, through
information sharing, training, or other
measures, in the enforcement of this subtitle;
(D) encourage other countries to assess
their human trafficking and money laundering
risks in light of updated guidance provided by
the Financial Action Task Force in 2018; and
(E) encourage the Egmont Group of Financial
Intelligence Units to study the extent to which
human trafficking operations are being used for
money laundering, terrorist financing, or other
illicit financial purposes.
SEC. 7153. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF
TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and
(G) as subparagraphs (F), (G), and (H), respectively;
and
(2) by inserting after subparagraph (D) the
following:
``(E) combating illicit financing relating
to human trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title
is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of
the Treasury, after consultation with the
Undersecretary for Terrorism and Financial Crimes,
shall designate an office within the OTFI that shall
coordinate efforts to combat the illicit financing of
human trafficking with--
``(A) other offices of the Department of
the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and
Combat Trafficking in Persons of the
Department of State; and
``(ii) the Interagency Task Force
to Monitor and Combat Trafficking;
``(C) State and local law enforcement
agencies; and
``(D) foreign governments.''.
SEC. 7154. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER
FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the
date of the enactment of this Act, the Interagency Task
Force to Monitor and Combat Trafficking, with the
concurrence of the Secretary of State and the Secretary
of the Treasury, shall submit to the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Committee on the Judiciary
of the Senate, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on the
Judiciary of the House of Representatives, and each
appropriate Federal banking agency--
(A) an analysis of anti-money laundering
efforts of the United States Government, United
States financial institutions, and
international financial institutions (as
defined in section 1701(c) of the International
Financial Institutions Act (22 U.S.C. 262r(c)))
related to human trafficking; and
(B) appropriate legislative,
administrative, and other recommendations to
strengthen efforts against money laundering
related to human trafficking.
(2) Required recommendations.--The recommendations
under paragraph (1) shall include--
(A) best practices based on successful
anti-human trafficking programs currently in
place at domestic and international financial
institutions that are suitable for broader
adoption;
(B) feedback from stakeholders, including
victims of severe forms of trafficking in
persons, advocates of persons at risk of
becoming victims of severe forms of trafficking
in persons, the United States Advisory Council
on Human Trafficking, civil society
organizations, and financial institutions on
policy proposals derived from the analysis
conducted by the task force referred to in
paragraph (1) that would enhance the efforts
and programs of financial institutions to
detect and deter money laundering related to
human trafficking, including any recommended
changes to internal policies, procedures, and
controls related to human trafficking;
(C) any recommended changes to training
programs at financial institutions to better
equip employees to deter and detect money
laundering related to human trafficking; and
(D) any recommended changes to expand human
trafficking-related information sharing among
financial institutions and between such
financial institutions, appropriate law
enforcement agencies, and appropriate Federal
agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on
Financial Services,'' after ``the Committee on
Foreign Affairs''; and
(B) by inserting ``the Committee on
Banking, Housing, and Urban Affairs,'' after
``the Committee on Foreign Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and''
and inserting a semicolon;
(3) in subparagraph (R), by striking the period at
the end and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to
eliminate money laundering related to human
trafficking and the number of investigations,
arrests, indictments, and convictions in money
laundering cases with a nexus to human
trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Financial Institutions Examination Council, in consultation
with the Secretary of the Treasury, victims of severe forms of
trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons, the
United States Advisory Council on Trafficking, civil society
organizations, the private sector, and appropriate law
enforcement agencies, shall--
(1) review and enhance training and examination
procedures to improve the surveillance capabilities of
anti-money laundering programs and programs countering
the financing of terrorism to detect human trafficking-
related financial transactions;
(2) review and enhance procedures for referring
potential human trafficking cases to the appropriate
law enforcement agency; and
(3) determine, as appropriate, whether requirements
for financial institutions and covered financial
institutions are sufficient to detect and deter money
laundering related to human trafficking.
(d) Limitations.--Nothing in this section shall be
construed to--
(1) grant rulemaking authority to the Interagency
Task Force to Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny
services to or violate the privacy of victims of
trafficking, victims of severe forms of trafficking, or
individuals not responsible for promoting severe forms
of trafficking in persons.
SEC. 7155. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for
critical Federal efforts to combat human trafficking;
(2) the Department of the Treasury should have the
appropriate resources to vigorously investigate human
trafficking networks under section 111 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7108) and other relevant statutes and Executive orders;
(3) the Department of the Treasury and the
Department of Justice should each have the capacity and
appropriate resources to support technical assistance
to develop foreign partners' ability to combat human
trafficking through strong national anti-money
laundering programs and programs countering the
financing of terrorism;
(4) each United States Attorney's Office should be
provided appropriate funding to increase the number of
personnel for community education and outreach and
investigative support and forensic analysis related to
human trafficking; and
(5) the Department of State should be provided
additional resources, as necessary, to carry out the
Survivors of Human Trafficking Empowerment Act (section
115 of Public Law 114-22; 129 Stat. 243).
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
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.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
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. 7201. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 7202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and
other financial sanctions to foreign traffickers of
illicit opioids to protect the national security,
foreign policy, and economy of the United States and
the health of the people of the United States;
(2) it is imperative that the People's Republic of
China follow through on full implementation of the new
regulations, adopted May 1, 2019, to treat all fentanyl
analogues as controlled substances under the laws of
the People's Republic of China, including by devoting
sufficient resources for implementation and strict
enforcement of the new regulations; and
(3) the effective enforcement of the new
regulations should result in diminished trafficking of
illicit fentanyl originating from the People's Republic
of China into the United States.
SEC. 7203. DEFINITIONS.
In this title:
(1) Alien; national; national of the united
states.--The terms ``alien'', ``national'', and
``national of the United States'' have the meanings
given those terms in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and
leadership.--The term ``appropriate congressional
committees and leadership'' means--
(A) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the
Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs,
the Committee on the Judiciary, the Select
Committee on Intelligence, and the majority
leader and the minority leader of the Senate;
and
(B) the Committee on Appropriations, the
Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign
Affairs, the Committee on Homeland Security,
the Committee on the Judiciary, the Committee
on Oversight and Reform, the Permanent Select
Committee on Intelligence, and the Speaker and
the minority leader of the House of
Representatives.
(3) Controlled substance; listed chemical.--The
terms ``controlled substance'', ``listed chemical'',
``narcotic drug'', and ``opioid'' have the meanings
given those terms in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a
partnership, joint venture, association, corporation,
organization, network, group, or subgroup, or any form
of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign
opioid trafficker'' means any foreign person that the
President determines plays a significant role in opioid
trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a
foreign country; or
(ii) any entity not organized under
the laws of the United States or a
jurisdiction within the United States;
and
(B) does not include the government of a
foreign country.
(7) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid
trafficking'' means any illicit activity--
(A) to produce, manufacture, distribute,
sell, or knowingly finance or transport--
(i) synthetic opioids, including
controlled substances that are
synthetic opioids and listed chemicals
that are synthetic opioids; or
(ii) active pharmaceutical
ingredients or chemicals that are used
in the production of controlled
substances that are synthetic opioids;
(B) to attempt to carry out an activity
described in subparagraph (A); or
(C) to assist, abet, conspire, or collude
with other persons to carry out such an
activity.
(9) Person.--The term ``person'' means an
individual or entity.
(10) United states person.--The term ``United
States person'' means--
(A) any citizen or national of the United
States;
(B) any alien lawfully admitted for
permanent residence in the United States;
(C) any entity organized under the laws of
the United States or any jurisdiction within
the United States (including a foreign branch
of such an entity); or
(D) any person located in the United
States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 7211. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that
the President determines are foreign opioid
traffickers;
(B) detailing progress the President has
made in implementing this subtitle; and
(C) providing an update on cooperative
efforts with the governments of Mexico, the
People's Republic of China, and other countries
of concern with respect to combating foreign
opioid traffickers.
(2) Identification of additional persons.--If, at
any time after submitting a report required by
paragraph (1) and before the submission of the next
such report, the President determines that a foreign
person not identified in the report is a foreign opioid
trafficker, the President shall submit to the
appropriate congressional committees and leadership an
additional report containing the information required
by paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required
to include in a report under paragraph (1) or (2) any
persons with respect to which the United States has
imposed sanctions before the date of the report under
this subtitle or any other provision of law with
respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by
paragraph (1) or (2) shall be submitted in
unclassified form but may include a classified
annex.
(B) Availability to public.--The
unclassified portion of a report required by
paragraph (1) or (2) shall be made available to
the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified
form--
(A) describing in detail the status of
sanctions imposed under this subtitle,
including the personnel and resources directed
toward the imposition of such sanctions during
the preceding fiscal year;
(B) providing background information with
respect to persons newly identified as foreign
opioid traffickers and their illicit
activities;
(C) describing actions the President
intends to undertake or has undertaken to
implement this subtitle; and
(D) providing a strategy for identifying
additional foreign opioid traffickers.
(2) Effect on other reporting requirements.--The
report required by paragraph (1) is in addition to, and
in no way delimits or restricts, the obligations of the
President to keep Congress fully and currently informed
pursuant to the provisions of the National Security Act
of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter
until the date that is 5 years after such date of enactment,
the President shall submit the reports required by subsections
(a) and (b) to the appropriate congressional committees and
leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other
provision of this section, a report required by
subsection (a) or (b) shall not disclose the identity
of any person if the Director of National Intelligence
determines that such disclosure could compromise an
intelligence operation, activity, source, or method of
the United States.
(2) Law enforcement.--Notwithstanding any other
provision of this section, a report required by
subsection (a) or (b) shall not disclose the identity
of any person if the Attorney General, in coordination,
as appropriate, with the Director of the Federal Bureau
of Investigation, the Administrator of the Drug
Enforcement Administration, the Secretary of the
Treasury, the Secretary of State, and the head of any
other appropriate Federal law enforcement agency,
determines that such disclosure could reasonably be
expected--
(A) to compromise the identity of a
confidential source, including a State, local,
or foreign agency or authority or any private
institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success
of an ongoing criminal investigation or
prosecution;
(C) to endanger the life or physical safety
of any person; or
(D) to cause substantial harm to physical
property.
(3) Notification required.--If the Director of
National Intelligence makes a determination under
paragraph (1) or the Attorney General makes a
determination under paragraph (2), the Director or the
Attorney General, as the case may be, shall notify the
appropriate congressional committees and leadership of
the determination and the reasons for the
determination.
(4) Rule of construction.--Nothing in this section
may be construed to authorize or compel the disclosure
of information determined by the President to be law
enforcement information, classified information,
national security information, or other information the
disclosure of which is prohibited by any other
provision of law.
(e) Provision of Information Required for Reports.--The
Secretary of the Treasury, the Attorney General, the Secretary
of Defense, the Secretary of State, the Secretary of Homeland
Security, and the Director of National Intelligence shall
consult among themselves and provide to the President and the
Director of the Office of National Drug Control Policy the
appropriate and necessary information to enable the President
to submit the reports required by subsection (a).
SEC. 7212. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 7213 with respect to each foreign person
that is an entity, and four or more of such sanctions with
respect to each foreign person that is an individual, that--
(1) is identified as a foreign opioid trafficker in
a report submitted under section 7211(a); or
(2) the President determines is owned, controlled,
directed by, knowingly supplying or sourcing precursors
for, or knowingly acting for or on behalf of, such a
foreign opioid trafficker.
SEC. 7213. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 7212 are the
following:
(1) Loans from united states financial
institutions.--The United States Government may
prohibit any United States financial institution from
making loans or providing credits to the foreign
person.
(2) Prohibitions on financial institutions.--The
following prohibitions may be imposed with respect to a
foreign person that is a financial institution:
(A) Prohibition on designation as primary
dealer.--Neither the Board of Governors of the
Federal Reserve System nor the Federal Reserve
Bank of New York may designate, or permit the
continuation of any prior designation of, the
financial institution as a primary dealer in
United States Government debt instruments.
(B) Prohibition on service as a repository
of government funds.--The financial institution
may not serve as agent of the United States
Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph
(A) or (B) shall be treated as one sanction for
purposes of section 7212, and the imposition of both
such sanctions shall be treated as 2 sanctions for
purposes of that section.
(3) Procurement ban.--The United States Government
may not procure, or enter into any contract for the
procurement of, any goods or services from the foreign
person.
(4) Foreign exchange.--The President may, pursuant
to such regulations as the President may prescribe,
prohibit any transactions in foreign exchange that are
subject to the jurisdiction of the United States and in
which the foreign person has any interest.
(5) Banking transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any transfers of credit or payments
between financial institutions or by, through, or to
any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the
foreign person.
(6) Property transactions.--The President may,
pursuant to such regulations as the President may
prescribe, prohibit any person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, or transporting any
property that is subject to the jurisdiction of
the United States and with respect to which the
foreign person has any interest;
(B) dealing in or exercising any right,
power, or privilege with respect to such
property; or
(C) conducting any transaction involving
such property.
(7) Ban on investment in equity or debt of
sanctioned person.--The President may, pursuant to such
regulations or guidelines as the President may
prescribe, prohibit any United States person from
investing in or purchasing significant amounts of
equity or debt instruments of the foreign person.
(8) Exclusion of corporate officers.--The President
may direct the Secretary of State to deny a visa to,
and the Secretary of Homeland Security to exclude from
the United States, any alien that the President
determines is a corporate officer or principal of, or a
shareholder with a controlling interest in, the foreign
person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer
or officers of the foreign person, or on individuals
performing similar functions and with similar
authorities as such officer or officers, any of the
sanctions described in paragraphs (1) through (8) that
are applicable.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out subsection
(a) shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in subsection (a)
of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--
Sanctions under this section shall not apply with
respect to--
(A) any activity subject to the reporting
requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.);
or
(B) any authorized intelligence or law
enforcement activities of the United States.
(2) Exception to comply with united nations
headquarters agreement.--Sanctions under subsection
(a)(8) shall not apply to an alien if admitting the
alien into the United States is necessary to permit the
United States to comply with the Agreement regarding
the Headquarters of the United Nations, signed at Lake
Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at
Vienna April 24, 1963, and entered into force March 19,
1967, or other applicable international obligations.
(d) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
SEC. 7214. WAIVERS.
(a) Waiver for State-owned Entities in Countries That
Cooperate in Multilateral Anti-trafficking Efforts.--
(1) In general.--The President may waive for a
period of not more than 12 months the application of
sanctions under this subtitle with respect to an entity
that is owned or controlled, directly or indirectly, by
a foreign government or any political subdivision,
agency, or instrumentality of a foreign government, if,
not less than 15 days before the waiver is to take
effect, the President certifies to the appropriate
congressional committees and leadership that the
foreign government is closely cooperating with the
United States in efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely
cooperating with the United States in efforts to
prevent opioid trafficking if that government is--
(A) implementing domestic laws to schedule
all fentanyl analogues as controlled
substances; and
(B) doing two or more of the following:
(i) Implementing substantial
improvements in regulations involving
the chemical and pharmaceutical
production and export of illicit
opioids.
(ii) Implementing substantial
improvements in judicial regulations to
combat transnational criminal
organizations that traffic opioids.
(iii) Increasing efforts to
prosecute foreign opioid traffickers.
(iv) Increasing intelligence
sharing and law enforcement cooperation
with the United States with respect to
opioid trafficking.
(3) Subsequent renewal of waiver.--The President
may renew a waiver under paragraph (1) for subsequent
periods of not more than 12 months each if, not less
than 15 days before the renewal is to take effect, the
Secretary of State certifies to the appropriate
congressional committees and leadership that the
government of the country to which the waiver applies
has effectively implemented and is effectively
enforcing the measures that formed the basis for the
certification under paragraph (2).
(b) Waivers for National Security and Access to
Prescription Medications.--
(1) In general.--The President may waive the
application of sanctions under this subtitle if the
President determines that the application of such
sanctions would harm--
(A) the national security interests of the
United States; or
(B) subject to paragraph (2), the access of
United States persons to prescription
medications.
(2) Monitoring.--The President shall establish a
monitoring program to verify that a person that
receives a waiver under paragraph (1)(B) is not
trafficking illicit opioids.
(3) Notification.--Not later than 15 days after
making a determination under paragraph (1), the
President shall notify the appropriate congressional
committees and leadership of the determination and the
reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for
renewable periods of 180 days, the application of the sanctions
under this subtitle if the President certifies to the
appropriate congressional committees and leadership that the
waiver is necessary for the provision of humanitarian
assistance.
SEC. 7215. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)) and a court reviews the finding or the imposition
of the prohibition, condition, or penalty, the President may
submit such information to the court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to confer or imply any right to judicial review
of any finding under this subtitle, or any prohibition,
condition, or penalty imposed as a result of any such
finding; or
(2) to limit or restrict any other practice,
procedure, right, remedy, or safeguard that--
(A) relates to the protection of classified
information; and
(B) is available to the United States in
connection with any type of administrative
hearing, litigation, or other proceeding.
SEC. 7216. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter until the date that is
5 years after such date of enactment, the President, acting
through the Secretary of State and the Director of National
Intelligence, in coordination with the Secretary of the
Treasury, shall provide to the appropriate congressional
committees and leadership a comprehensive briefing on efforts
to implement this subtitle.
SEC. 7217. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS
CONTROL STRATEGY REPORT.
(a) Sense of Congress.--It is the sense of Congress that,
in order to apply economic and other financial sanctions to
foreign traffickers of illicit opioids to protect the national
security, foreign policy, and economy of the United States--
(1) the President should instruct the Secretary of
State to intensify diplomatic efforts, both in
appropriate international fora such as the United
Nations, the Group of Seven, the Group of Twenty, and
trilaterally and bilaterally with partners of the
United States, to combat foreign opioid trafficking,
including by working to establish a multilateral
sanctions regime with respect to foreign opioid
trafficking; and
(2) the Secretary of State, in consultation with
the Secretary of the Treasury, should intensify efforts
to maintain and strengthen the coalition of countries
formed to combat foreign opioid trafficking.
(b) Amendment to Foreign Assistance Act of 1961.--Section
489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(a)) is amended by adding at the end the following:
``(9)(A) An assessment conducted by the Secretary
of State, in consultation with the Secretary of the
Treasury and the Director of National Intelligence, of
the extent to which any diplomatic efforts described in
section 7217(a) of the Fentanyl Sanctions Act have been
successful.
``(B) Each assessment required by subparagraph (A)
shall include an identification of--
``(i) the countries the governments of
which have agreed to undertake measures to
apply economic or other financial sanctions to
foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of
which have not agreed to measures described in
clause (i), and, with respect to those
countries, other measures the Secretary of
State recommends that the United States take to
apply economic and other financial sanctions to
foreign traffickers of illicit opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 7221. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission
to develop a consensus on a strategic approach to
combating the flow of synthetic opioids into the United
States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on
Combating Synthetic Opioid Trafficking'' (in this
section referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph
(B), the Commission shall be composed of the
following members:
(i) The Director of the Office of
National Drug Control Policy.
(ii) The Administrator of the Drug
Enforcement Administration.
(iii) The Secretary of Homeland
Security.
(iv) The Secretary of Defense.
(v) The Secretary of the Treasury.
(vi) The Secretary of State.
(vii) The Director of National
Intelligence.
(viii) Two members appointed by the
majority leader of the Senate, one of
whom shall be a Member of the Senate
and one of whom shall not be.
(ix) Two members appointed by the
minority leader of the Senate, one of
whom shall be a Member of the Senate
and one of whom shall not be.
(x) Two members appointed by the
Speaker of the House of
Representatives, one of whom shall be a
Member of the House of Representatives
and one of whom shall not be.
(xi) Two members appointed by the
minority leader of the House of
Representatives, one of whom shall be a
Member of the House of Representatives
and one of whom shall not be.
(B)(i) The members of the Commission who
are not Members of Congress and who are
appointed under clauses (viii) through (xi) of
subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge,
or experience in--
(I) transnational criminal
organizations conducting synthetic
opioid trafficking;
(II) the production, manufacturing,
distribution, sale, or transportation
of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic
of China, Mexico, or any other
country of concern with respect
to trafficking in synthetic
opioids.
(ii) An official who appoints members of
the Commission may not appoint an individual as
a member of the Commission if the individual
possesses any personal or financial interest in
the discharge of any of the duties of the
Commission.
(iii)(I) All members of the Commission
described in clause (i) shall possess an
appropriate security clearance in accordance
with applicable provisions of law concerning
the handling of classified information.
(II) For the purpose of facilitating the
activities of the Commission, the Director of
National Intelligence shall expedite to the
fullest degree possible the processing of
security clearances that are necessary for
members of the Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have
2 co-chairs, selected from among the members of
the Commission, one of whom shall be a member
of the majority party and one of whom shall be
a member of the minority party.
(B) Selection.--The individuals who serve
as the co-chairs of the Commission shall be
jointly agreed upon by the President, the
majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House
of Representatives, and the minority leader of
the House of Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of
the strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various
strategic options to combat the flow of synthetic
opioids from the People's Republic of China, Mexico,
and other countries of concern with respect to
trafficking in synthetic opioids.
(3) To evaluate whether the options described in
paragraph (2) are exclusive or complementary, the best
means for executing such options, and how the United
States should incorporate and implement such options
within the strategic approach described in subsection
(a)(1).
(4) To review and make determinations on the
difficult choices present within such options, among
them what norms-based regimes the United States should
seek to establish to encourage the effective regulation
of dangerous synthetic opioids.
(5) To report on efforts by actors in the People's
Republic of China to subvert United States laws and to
supply illicit synthetic opioids to persons in the
United States, including up-to-date estimates of the
scale of illicit synthetic opioids flows from the
People's Republic of China.
(6) To report on the deficiencies in the regulation
of pharmaceutical and chemical production of controlled
substances and export controls with respect to such
substances in the People's Republic of China and other
countries that allow opioid traffickers to subvert such
regulations and controls to traffic illicit opioids
into the United States.
(7) To report on the scale of contaminated or
counterfeit drugs originating from Mexico, the People's
Republic of China, India, and other countries of
concern with respect to the exportation of contaminated
or counterfeit drugs.
(8) To report on how the United States could work
more effectively with subnational and local officials
in the People's Republic of China and other countries
to combat the illicit production of synthetic opioids.
(9) In weighing the options for defending the
United States against the dangers of trafficking in
synthetic opioids, to consider possible structures and
authorities that need to be established, revised, or
augmented within the Federal Government.
(d) Functioning of Commission.--The provisions of
subsections (c), (d), (e), (g), (h), (i), and (m) of section
1652 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) shall apply to the
Commission to the same extent and in the same manner as such
provisions apply to the commission established under that
section, except that--
(1) subsection (c)(1) of that section shall be
applied and administered by substituting ``30 days''
for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be
applied and administered by inserting ``and the
Attorney General'' after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that
section shall be applied and administered by
substituting ``level V of the Executive Schedule under
section 5316'' for ``level IV of the Executive Schedule
under section 5315''.
(e) Treatment of Information Provided to Commission.--
(1) Information relating to national security.--
(A) Responsibility of director of national
intelligence.--The Director of National
Intelligence shall assume responsibility for
the handling and disposition of any information
related to the national security of the United
States that is received, considered, or used by
the Commission under this section.
(B) Access after termination of
commission.--Notwithstanding any other
provision of law, after the termination of the
Commission under subsection (h), only the
members and designated staff of the appropriate
congressional committees and leadership, the
Director of National Intelligence (and the
designees of the Director), and such other
officials of the executive branch as the
President may designate shall have access to
information related to the national security of
the United States that is received, considered,
or used by the Commission.
(2) Information provided by congress.--The
Commission may obtain information from any Member,
committee, or office of Congress, including information
related to the national security of the United States,
only with the consent of the Member, committee, or
office involved and only in accordance with any
applicable rules and procedures of the House of
Representatives or Senate (as the case may be)
governing the provision of such information by Members,
committees, and offices of Congress to entities in the
executive branch.
(f) Reports.--The Commission shall submit to the
appropriate congressional committees and leadership--
(1) not later than 270 days after the date of the
enactment of this Act, an initial report on the
activities and recommendations of the Commission under
this section; and
(2) not later than 270 days after the submission of
the initial report under paragraph (1), a final report
on the activities and recommendations of the Commission
under this section.
(g) Termination.--
(1) In general.--The Commission, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report required by subsection (f)(2) is
submitted to the appropriate congressional committees
and leadership.
(2) Winding up of affairs.--The Commission may use
the 120-day period described in paragraph (1) for the
purposes of concluding its activities, including
providing testimony to Congress concerning the final
report required by subsection (f)(2) and disseminating
the report.
Subtitle C--Other Matters
SEC. 7231. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF
INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION
FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National
Intelligence shall, in consultation with the Director
of the Office of National Drug Control Policy, carry
out a program to allocate and enhance use of resources
of the intelligence community, including intelligence
collection and analysis, to assist the Secretary of the
Treasury, the Secretary of State, and the Administrator
of the Drug Enforcement Administration in efforts to
identify and impose sanctions with respect to foreign
opioid traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent
practicable, efforts described in paragraph (1) shall--
(A) take into account specific illicit
finance risks related to narcotics trafficking;
and
(B) be developed in consultation with the
Undersecretary of the Treasury for Terrorism
and Financial Crimes, appropriate officials of
the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the
Financial Crimes Enforcement Network, and
appropriate Federal law enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug
Control Policy, carry out a comprehensive review of the current
intelligence collection priorities of the intelligence
community for counternarcotics purposes in order to identify
whether such priorities are appropriate and sufficient in light
of the number of lives lost in the United States each year due
to use of illegal drugs.
(c) Reports.--
(1) Quarterly reports on program.--Not later than
90 days after the date of the enactment of this Act,
and every 90 days thereafter, the Director of National
Intelligence and the Director of the Office of National
Drug Control Policy shall jointly submit to the
appropriate congressional committees and leadership a
report on the status and accomplishments of the program
required by subsection (a) during the 90-day period
ending on the date of the report. The first report
under this paragraph shall also include a description
of the amount of funds devoted by the intelligence
community to the efforts described in subsection (a)
during each of fiscal years 2017 and 2018.
(2) Report on review.--Not later than 120 days
after the date of the enactment of this Act, the
Director of National Intelligence, in consultation with
the Director of the Office of National Drug Control
Policy and other relevant agencies, shall submit to the
appropriate congressional committees and leadership--
(A) a comprehensive description of the
results of the review required by subsection
(b); and
(B) an assessment of whether--
(i) the priorities described in
that subsection are appropriate and
sufficient in light of the number of
lives lost in the United States each
year due to use of illegal drugs; and
(ii) any changes to such priorities
are necessary.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)).
SEC. 7232. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of the Treasury.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as may
be necessary for fiscal year 2020 to carry out operations and
activities of the Department of the Treasury solely for
purposes of carrying out this title.
(b) Commission on Combating Synthetic Opioid Trafficking.--
Of the amount authorized to be appropriated by section 1403 for
fiscal year 2020 and available for Drug Interdiction and
Counter-Drug Activities, Defense-wide, as specified in the
funding table in section 4501, the Secretary of Defense may,
notwithstanding section 2215 of title 10, United States Code,
transfer $5,000,000 to the Commission on Combating Synthetic
Opioid Trafficking established under section 7221 in order to
carry out the duties of the Commission.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out operations and
activities described in such subsections.
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15
days after the date on which the President notifies the
appropriate committees of Congress of the President's intention
to obligate such funds.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee
on Banking, Housing, and Urban Affairs, the Committee
on Foreign Relations, the Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee
on Financial Services, the Committee on Foreign
Affairs, the Permanent Select Committee on
Intelligence, the Committee on Oversight and Reform,
and the Committee on Appropriations of the House of
Representatives.
SEC. 7233. REGULATORY AUTHORITY.
Not later than 90 days after the date of the enactment of
this Act, the President shall issue such regulations as are
necessary to carry out this title, including guidance with
respect to what activities are included under the definition of
``opioid trafficking'' under section 7203(8).
SEC. 7234. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 7235. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment,
and excluding technical data.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
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.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
SEC. 7301. SHORT TITLE.
This title may be cited as the ``PFAS Act of 2019''.
SEC. 7302. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Subtitle A--Drinking Water
SEC. 7311. MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
(1) In general.--The Administrator shall include
each substance described in paragraph (2) in the fifth
publication of the list of unregulated contaminants to
be monitored under section 1445(a)(2)(B)(i) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)).
(2) Substances described.--The substances referred
to in paragraph (1) are perfluoroalkyl and
polyfluoroalkyl substances and classes of
perfluoroalkyl and polyfluoroalkyl substances--
(A) for which a method to measure the level
in drinking water has been validated by the
Administrator; and
(B) that are not subject to a national
primary drinking water regulation.
(3) Exception.--The perfluoroalkyl and
polyfluoroalkyl substances and classes of
perfluoroalkyl and polyfluoroalkyl substances included
in the list of unregulated contaminants to be monitored
under section 1445(a)(2)(B)(i) of the Safe Drinking
Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under
paragraph (1) shall not count towards the limit of 30
unregulated contaminants to be monitored by public
water systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving
more than 10,000 persons to monitor for the
substances described in subsection (a)(2);
(B) subject to paragraph (2) and the
availability of appropriations, require public
water systems serving not fewer than 3,300 and
not more than 10,000 persons to monitor for the
substances described in subsection (a)(2); and
(C) subject to paragraph (2) and the
availability of appropriations, ensure that
only a representative sample of public water
systems serving fewer than 3,300 persons are
required to monitor for the substances
described in subsection (a)(2).
(2) Requirement.--If the Administrator determines
that there is not sufficient laboratory capacity to
carry out the monitoring required under subparagraphs
(B) and (C) of paragraph (1), the Administrator may
waive the monitoring requirements in those
subparagraphs.
(3) Funds.--The Administrator shall pay the
reasonable cost of such testing and laboratory analysis
as is necessary to carry out the monitoring required
under subparagraphs (B) and (C) of paragraph (1)
using--
(A) funds made available pursuant to
subsection (a)(2)(H) or subsection (j)(5) of
section 1445 of the Safe Drinking Water Act (42
U.S.C. 300j-4); or
(B) any other funds made available for that
purpose.
SEC. 7312. DRINKING WATER STATE REVOLVING FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(G) Emerging contaminants.--
``(i) In general.--Notwithstanding
any other provision of law and subject
to clause (ii), amounts deposited under
subsection (t) in a State loan fund
established under this section may only
be used to provide grants for the
purpose of addressing emerging
contaminants, with a focus on
perfluoroalkyl and polyfluoroalkyl
substances.
``(ii) Requirements.--
``(I) Small and
disadvantaged communities.--Not
less than 25 percent of the
amounts described in clause (i)
shall be used to provide grants
to--
``(aa)
disadvantaged
communities (as defined
in subsection (d)(3));
or
``(bb) public water
systems serving fewer
than 25,000 persons.
``(II) Priorities.--In
selecting the recipient of a
grant using amounts described
in clause (i), a State shall
use the priorities described in
subsection (b)(3)(A).
``(iii) No increased bonding
authority.--The amounts deposited in
the State loan fund of a State under
subsection (t) may not be used as a
source of payment of, or security for
(directly or indirectly), in whole or
in part, any obligation the interest on
which is exempt from the tax imposed
under chapter 1 of the Internal Revenue
Code of 1986.'';
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``this section'' and
inserting ``this section, except for subsections
(a)(2)(G) and (t)''; and
(3) by adding at the end the following:
``(t) Emerging Contaminants.--
``(1) In general.--Amounts made available under
this subsection shall be allotted to a State as if
allotted under subsection (a)(1)(D) as a capitalization
grant, for deposit into the State loan fund of the
State, for the purposes described in subsection
(a)(2)(G).
``(2) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $100,000,000 for each of fiscal years 2020
through 2024, to remain available until expended.''.
Subtitle B--PFAS Release Disclosure
SEC. 7321. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definition of Toxics Release Inventory.--In this
section, the term ``toxics release inventory'' means the list
of toxic chemicals subject to the requirements of section
313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e),
beginning January 1 of the calendar year following the
date of enactment of this Act, the following chemicals
shall be deemed to be included in the toxics release
inventory:
(A) Perfluorooctanoic acid (commonly
referred to as ``PFOA'') (Chemical Abstracts
Service No. 335-67-1).
(B) The salts associated with the chemical
described in subparagraph (A) (Chemical
Abstracts Service Nos. 3825-26-1, 335-95-5, and
68141-02-6).
(C) Perfluorooctane sulfonic acid (commonly
referred to as ``PFOS'') (Chemical Abstracts
Service No. 1763-23-1).
(D) The salts associated with the chemical
described in subparagraph (C) (Chemical
Abstracts Service Nos. 2795-39-3, 29457-72-5,
56773-42-3, 29081-56-9, and 70225-14-8).
(E) A perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances that is--
(i) listed as an active chemical
substance in the February 2019 update
to the inventory under section 8(b)(1)
of the Toxic Substances Control Act (15
U.S.C. 2607(b)(1)); and
(ii) on the date of enactment of
this Act, subject to the provisions
of--
(I) section 721.9582 of
title 40, Code of Federal
Regulations; or
(II) section 721.10536 of
title 40, Code of Federal
Regulations.
(F) Hexafluoropropylene oxide dimer acid
(commonly referred to as ``GenX'') (Chemical
Abstracts Service No. 13252-13-6).
(G) The compound associated with the
chemical described in subparagraph (F)
identified by Chemical Abstracts Service No.
62037-80-3.
(H) Perfluorononanoic acid (commonly
referred to as ``PFNA'') (Chemical Abstracts
Service No. 375-95-1).
(I) Perfluorohexanesulfonic acid (commonly
referred to as ``PFHxS'') (Chemical Abstracts
Service No. 355-46-4).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph
(B), the threshold for reporting the chemicals
described in paragraph (1) under section 313 of
the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023) is 100
pounds.
(B) Revisions.--Not later than 5 years
after the date of enactment of this Act, the
Administrator shall--
(i) determine whether revision of
the threshold under subparagraph (A) is
warranted for any chemical described in
paragraph (1); and
(ii) if the Administrator
determines a revision to be warranted
under clause (i), initiate a revision
under section 313(f)(2) of the
Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C.
11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--
(A) Date of inclusion.--Subject to
subsection (e), notwithstanding section 313 of
the Emergency Planning and Community Right-To-
Know Act of 1986, a perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances
not described in subsection (b)(1) shall be
deemed to be included in the toxics release
inventory beginning January 1 of the calendar
year after any of the following dates:
(i) Final toxicity value.--The date
on which the Administrator finalizes a
toxicity value for the perfluoroalkyl
or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl
substances.
(ii) Significant new use rule.--The
date on which the Administrator makes a
covered determination for the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances.
(iii) Addition to existing
significant new use rule.--The date on
which the perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl
substances is added to a list of
substances covered by a covered
determination.
(iv) Addition as active chemical
substance.--The date on which the
perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances to which a
covered determination applies is--
(I) added to the list
published under paragraph (1)
of section 8(b) of the Toxic
Substances Control Act and
designated as an active
chemical substance under
paragraph (5)(A) of such
section; or
(II) designated as an
active chemical substance on
such list under paragraph
(5)(B) of such section.
(B) Covered determination.--For purposes of
this paragraph, a covered determination is a
determination made, by rule, under section
5(a)(2) of the Toxic Substances Control Act
that a use of a perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances is
a significant new use (except such a
determination made in connection with a
determination described in section 5(a)(3)(B)
or section 5(a)(3)(C) of such Act).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph
(B), notwithstanding subsection (f)(1) of
section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11023), the threshold for reporting under such
section 313 the substances and classes of
substances included in the toxics release
inventory under paragraph (1) is 100 pounds.
(B) Revisions.--Not later than 5 years
after the date on which a perfluoroalkyl or
polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances is
included in the toxics release inventory under
paragraph (1), the Administrator shall--
(i) determine whether revision of
the threshold under subparagraph (A) is
warranted for the substance or class of
substances; and
(ii) if the Administrator
determines a revision to be warranted
under clause (i), initiate a revision
under section 313(f)(2) of the
Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C.
11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Administrator shall
determine whether the substances and classes of
substances described in paragraph (2) meet any one of
the criteria described in section 313(d)(2) of the
Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11023(d)(2)) for inclusion in the
toxics release inventory.
(2) Substances described.--The substances and
classes of substances referred to in paragraph (1) are
perfluoroalkyl and polyfluoroalkyl substances and
classes of perfluoroalkyl and polyfluoroalkyl
substances not described in subsection (b)(1),
including--
(A) perfluoro[(2-pentafluoroethoxy-
ethoxy)acetic acid] ammonium salt (Chemical
Abstracts Service No. 908020-52-0);
(B) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-
hexafluoro)-2-(trifluoromethoxy) propanoyl
fluoride (Chemical Abstracts Service No. 2479-
75-6);
(C) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-
hexafluoro)-2-(trifluoromethoxy) propionic acid
(Chemical Abstracts Service No. 2479-73-4);
(D) 3H-perfluoro-3-[(3-methoxy-propoxy)
propanoic acid] (Chemical Abstracts Service No.
919005-14-4);
(E) the salts associated with the chemical
described in subparagraph (D) (Chemical
Abstracts Service Nos. 958445-44-8, 1087271-46-
2, and NOCAS 892452);
(F) 1-octanesulfonic acid
3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium
salt (Chemical Abstracts Service No. 59587-38-
1);
(G) perfluorobutanesulfonic acid (Chemical
Abstracts Service No. 375-73-5);
(H) 1-Butanesulfonic acid,
1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt
(Chemical Abstracts Service No. 29420-49-3);
(I) the component associated with the
chemical described in subparagraph (H)
(Chemical Abstracts Service No. 45187-15-3);
(J) heptafluorobutyric acid (Chemical
Abstracts Service No. 375-22-4);
(K) perfluorohexanoic acid (Chemical
Abstracts Service No. 307-24-4);
(L) the compound associated with the
chemical described in subsection (b)(1)(F)
identified by Chemical Abstracts Service No.
2062-98-8;
(M) perfluoroheptanoic acid (commonly
referred to as ``PFHpA'') (Chemical Abstracts
Service No. 375-85-9);
(N) each perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances for which a method
to measure levels in drinking water has been
validated by the Administrator; and
(O) a perfluoroalkyl and polyfluoroalkyl
substance or class of perfluoroalkyl or
polyfluoroalkyl substances other than the
chemicals described in subparagraphs (A)
through (N) that is used to manufacture
fluorinated polymers, as determined by the
Administrator.
(3) Addition to toxics release inventory.--Subject
to subsection (e), if the Administrator determines
under paragraph (1) that a substance or a class of
substances described in paragraph (2) meets any one of
the criteria described in section 313(d)(2) of the
Emergency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11023(d)(2)), the Administrator shall
revise the toxics release inventory in accordance with
such section 313(d) to include that substance or class
of substances not later than 2 years after the date on
which the Administrator makes the determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics
release inventory pursuant to subsection (b)(1),
(c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances the chemical identity of which is subject to
a claim of a person of protection from disclosure under
subsection (a) of section 552 of title 5, United States
Code, pursuant to subsection (b)(4) of that section,
the Administrator shall--
(A) review any such claim of protection
from disclosure; and
(B) require that person to reassert and
substantiate or resubstantiate that claim in
accordance with section 14(f) of the Toxic
Substances Control Act (15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If
the Administrator determines that the chemical identity
of a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances
qualifies for protection from disclosure pursuant to
paragraph (1), the Administrator shall include the
substance or class of substances, as applicable, on the
toxics release inventory in a manner that does not
disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of
1986.--Section 313(c) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting
``; and'';
(2) by striking ``are those chemicals'' and
inserting the following: ``are--
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included on such list under
subsections (b)(1), (c)(1), and (d)(3) of section 7321
of the PFAS Act of 2019.''.
Subtitle C--USGS Performance Standard
SEC. 7331. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the
Director of the United States Geological Survey.
(2) Highly fluorinated compound.--
(A) In general.--The term ``highly
fluorinated compound'' means a perfluoroalkyl
substance or a polyfluoroalkyl substance with
at least one fully fluorinated carbon atom.
(B) Definitions.--In this paragraph:
(i) 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.
(ii) Perfluoroalkyl substance.--The
term ``perfluoroalkyl substance'' means
a chemical of which all of the carbon
atoms are fully fluorinated carbon
atoms.
(iii) Polyfluoroalkyl substance.--
The term ``polyfluoroalkyl substance''
means a chemical containing at least
one fully fluorinated carbon atom and
at least one carbon atom that is not a
fully fluorinated carbon atom.
SEC. 7332. PERFORMANCE STANDARD FOR THE DETECTION OF HIGHLY FLUORINATED
COMPOUNDS.
(a) In General.--The Director, in consultation with the
Administrator, shall establish a performance standard for the
detection of highly fluorinated compounds.
(b) Emphasis.--
(1) In general.--In developing the performance
standard under subsection (a), the Director shall
emphasize the ability to detect as many highly
fluorinated compounds present in the environment as
possible using validated analytical methods that--
(A) achieve limits of quantitation (as
defined in the document of the United States
Geological Survey entitled ``Analytical Methods
for Chemical Analysis of Geologic and Other
Materials, U.S. Geological Survey'' and dated
2002); and
(B) are as sensitive as is feasible and
practicable.
(2) Requirement.--In developing the performance
standard under subsection (a), the Director may--
(A) develop quality assurance and quality
control measures to ensure accurate sampling
and testing;
(B) develop a training program with respect
to the appropriate method of sample collection
and analysis of highly fluorinated compounds;
and
(C) coordinate as necessary with the
Administrator, including, if appropriate, to
develop methods to detect individual and
different highly fluorinated compounds
simultaneously.
SEC. 7333. NATIONWIDE SAMPLING.
(a) In General.--The Director shall carry out a nationwide
sampling to determine the concentration of highly fluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under section 7332(a).
(b) Requirements.--In carrying out the sampling under
subsection (a), the Director shall--
(1) first carry out the sampling at sources of
drinking water near locations with known or suspected
releases of highly fluorinated compounds;
(2) when carrying out sampling of sources of
drinking water under paragraph (1), carry out the
sampling prior to and, at the request of the
Administrator, after any treatment of the water;
(3) survey for ecological exposure to highly
fluorinated compounds, with a priority in determining
direct human exposure through drinking water; and
(4) consult with--
(A) States to determine areas that are a
priority for sampling; and
(B) the Administrator--
(i) to enhance coverage of the
sampling; and
(ii) to avoid unnecessary
duplication.
(c) Report.--Not later than 120 days after the completion
of the sampling under subsection (a), the Director shall
prepare a report describing the results of the sampling and
submit the report to--
(1) the Committee on Environment and Public Works
and the Committee on Energy and Natural Resources of
the Senate;
(2) the Committee on Energy and Commerce and the
Committee on Natural Resources of the House of
Representatives;
(3) the Senators of each State in which the
Director carried out the sampling; and
(4) each Member of the House of Representatives who
represents a district in which the Director carried out
the sampling.
SEC. 7334. DATA USAGE.
(a) In General.--The Director shall provide the sampling
data collected under section 7333 to--
(1) the Administrator; and
(2) other Federal and State regulatory agencies on
request.
(b) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
SEC. 7335. COLLABORATION.
In carrying out this subtitle, the Director shall
collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
Subtitle D--Emerging Contaminants
SEC. 7341. DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means
any physical, chemical, biological, or radiological
substance or matter in water.
(2) Contaminant of emerging concern; emerging
contaminant.--The terms ``contaminant of emerging
concern'' and ``emerging contaminant'' mean a
contaminant--
(A) for which the Administrator has not
promulgated a national primary drinking water
regulation; and
(B) that may have an adverse effect on the
health of individuals.
(3) Federal research strategy.--The term ``Federal
research strategy'' means the coordinated cross-agency
plan for addressing critical research gaps related to
detecting, assessing exposure to, and identifying the
adverse health effects of emerging contaminants in
drinking water developed by the Office of Science and
Technology Policy in response to the report of the
Committee on Appropriations of the Senate accompanying
S. 1662 of the 115th Congress (S. Rept. 115-139).
(4) Technical assistance and support.--The term
``technical assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate
analytical methods for the detection of
contaminants;
(ii) understanding the strengths
and limitations of the analytical
methods described in clause (i);
(iii) troubleshooting the
analytical methods described in clause
(i);
(B) providing advice on laboratory
certification program elements;
(C) interpreting sample analysis results;
(D) providing training with respect to
proper analytical techniques;
(E) identifying appropriate technology for
the treatment of contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be
otherwise obtained in a practicable
manner otherwise; and
(ii) the capability and capacity to
perform the analysis is available at a
Federal facility.
(5) Working group.--The term ``Working Group''
means the Working Group established under section
7342(b)(1).
SEC. 7342. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON
EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the
development of treatment methods for emerging
contaminants; and
(B) to assist States in responding to the
human health risks posed by contaminants of
emerging concern; and
(2) in collaboration with owners and operators of
public water systems, States, and other interested
stakeholders, establish a strategic plan for improving
the Federal efforts referred to in paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 180 days after the
date of enactment of this Act, the Administrator and
the Secretary of Health and Human Services shall
jointly establish a Working Group to coordinate the
activities of the Federal Government to identify and
analyze the public health effects of drinking water
contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency,
appointed by the Administrator.
(B) The following agencies, appointed by
the Secretary of Health and Human Services:
(i) The National Institutes of
Health.
(ii) The Centers for Disease
Control and Prevention.
(iii) The Agency for Toxic
Substances and Disease Registry.
(C) The United States Geological Survey,
appointed by the Secretary of the Interior.
(D) Any other Federal agency the assistance
of which the Administrator determines to be
necessary to carry out this subsection,
appointed by the head of the respective agency.
(3) Existing working group.--The Administrator may
expand or modify the duties of an existing working
group to perform the duties of the Working Group under
this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 180 days
after the date of enactment of this Act, the
Director of the Office of Science and
Technology Policy (referred to in this
subsection as the ``Director'') shall
coordinate with the heads of the agencies
described in subparagraph (C) to establish a
research initiative, to be known as the
``National Emerging Contaminant Research
Initiative'', that shall--
(i) use the Federal research
strategy to improve the identification,
analysis, monitoring, and treatment
methods of contaminants of emerging
concern; and
(ii) develop any necessary program,
policy, or budget to support the
implementation of the Federal research
strategy, including mechanisms for
joint agency review of research
proposals, for interagency cofunding of
research activities, and for
information sharing across agencies.
(B) Research on emerging contaminants.--In
carrying out subparagraph (A), the Director
shall--
(i) take into consideration
consensus conclusions from peer-
reviewed, pertinent research on
emerging contaminants; and
(ii) in consultation with the
Administrator, identify priority
emerging contaminants for research
emphasis.
(C) Federal participation.--The agencies
referred to in subparagraph (A) include--
(i) the National Science
Foundation;
(ii) the National Institutes of
Health;
(iii) the Environmental Protection
Agency;
(iv) the National Institute of
Standards and Technology;
(v) the United States Geological
Survey; and
(vi) any other Federal agency that
contributes to research in water
quality, environmental exposures, and
public health, as determined by the
Director.
(D) Participation from additional
entities.--In carrying out subparagraph (A),
the Director shall consult with nongovernmental
organizations, State and local governments, and
science and research institutions determined by
the Director to have scientific or material
interest in the National Emerging Contaminant
Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year
after the date on which the Director and heads
of the agencies described in paragraph (1)(C)
establish the National Emerging Contaminant
Research Initiative under paragraph (1)(A), the
head of each agency described in paragraph
(1)(C) shall--
(i) issue a solicitation for
research proposals consistent with the
Federal research strategy and that
agency's mission; and
(ii) make grants to applicants that
submit research proposals consistent
with the Federal research strategy and
in accordance with subparagraph (B).
(B) Selection of research proposals.--The
head of each agency described in paragraph
(1)(C) shall select research proposals to
receive grants under this paragraph on the
basis of merit, using criteria identified by
the head of each such agency, including the
likelihood that the proposed research will
result in significant progress toward achieving
the objectives identified in the Federal
research strategy.
(C) Eligible entities.--Any entity or group
of 2 or more entities may submit to the head of
each agency described in paragraph (1)(C) a
research proposal in response to the
solicitation for research proposals described
in subparagraph (A)(i), including, consistent
with that agency's grant policies--
(i) State and local agencies;
(ii) public institutions, including
public institutions of higher
education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 1 year
after the date of enactment of this Act, the
Administrator shall conduct a study on actions
the Administrator can take to increase
technical assistance and support for States
with respect to emerging contaminants in
drinking water samples.
(B) Contents of study.--In carrying out the
study described in subparagraph (A), the
Administrator shall identify--
(i) methods and effective treatment
options to increase technical
assistance and support with respect to
emerging contaminants to States,
including identifying opportunities for
States to improve communication with
various audiences about the risks
associated with emerging contaminants;
(ii) means to facilitate access to
qualified contract testing laboratory
facilities that conduct analyses for
emerging contaminants; and
(iii) actions to be carried out at
existing Federal laboratory facilities,
including the research facilities of
the Administrator, to provide technical
assistance and support for States that
require testing facilities for emerging
contaminants.
(C) Availability of analytical resources.--
In carrying out the study described in
subparagraph (A), the Administrator shall
consider--
(i) the availability of--
(I) Federal and non-Federal
laboratory capacity; and
(II) validated methods to
detect and analyze
contaminants; and
(ii) other factors determined to be
appropriate by the Administrator.
(2) Report.--Not later than 18 months after the
date of enactment of this Act, the Administrator shall
submit to Congress a report describing the results of
the study described in paragraph (1).
(3) Program to provide federal assistance to
states.--
(A) In general.--Not later than 3 years
after the date of enactment of this Act, based
on the findings in the report described in
paragraph (2), the Administrator shall develop
a program to provide technical assistance and
support to eligible States for the testing and
analysis of emerging contaminants.
(B) Application.--
(i) In general.--To be eligible for
technical assistance and support under
this paragraph, a State shall submit to
the Administrator an application at
such time, in such manner, and
containing such information as the
Administrator may require.
(ii) Criteria.--The Administrator
shall evaluate an application for
technical assistance and support under
this paragraph on the basis of merit
using criteria identified by the
Administrator, including--
(I) the laboratory
facilities available to the
State;
(II) the availability and
applicability of existing
analytical methodologies;
(III) the potency and
severity of the emerging
contaminant, if known; and
(IV) the prevalence and
magnitude of the emerging
contaminant.
(iii) Prioritization.--In selecting
States to receive technical assistance
and support under this paragraph, the
Administrator--
(I) shall give priority to
States with affected areas
primarily in financially
distressed communities;
(II) may--
(aa) waive the
application process in
an emergency situation;
and
(bb) require an
abbreviated application
process for the
continuation of work
specified in a
previously approved
application that
continues to meet the
criteria described in
clause (ii); and
(III) shall consider the
relative expertise and
availability of--
(aa) Federal and
non-Federal laboratory
capacity available to
the State;
(bb) analytical
resources available to
the State; and
(cc) other types of
technical assistance
available to the State.
(C) Database of available resources.--The
Administrator shall establish and maintain a
database of resources available through the
program developed under subparagraph (A) to
assist States with testing for emerging
contaminants that--
(i) is--
(I) available to States and
stakeholder groups determined
by the Administrator to have
scientific or material interest
in emerging contaminants,
including--
(aa) drinking water
and wastewater
utilities;
(bb) laboratories;
(cc) Federal and
State emergency
responders;
(dd) State primacy
agencies;
(ee) public health
agencies; and
(ff) water
associations;
(II) searchable; and
(III) accessible through
the website of the
Administrator; and
(ii) includes a description of--
(I) qualified contract
testing laboratory facilities
that conduct analyses for
emerging contaminants; and
(II) the resources
available in Federal laboratory
facilities to test for emerging
contaminants.
(D) Water contaminant information tool.--
The Administrator shall integrate the database
established under subparagraph (C) into the
Water Contaminant Information Tool of the
Environmental Protection Agency.
(4) Funding.--Of the amounts available to the
Administrator, the Administrator may use not more than
$15,000,000 in a fiscal year to carry out this
subsection.
(e) Report.--Not less frequently than once every 2 years
until 2029, the Administrator shall submit to Congress a report
that describes the progress made in carrying out this subtitle.
(f) Effect.--Nothing in this section modifies any
obligation of a State, local government, or Indian Tribe with
respect to treatment methods for, or testing or monitoring of,
drinking water.
Subtitle E--Toxic Substances Control Act
SEC. 7351. PFAS DATA CALL.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) PFAS data.--Not later than January 1, 2023,
the Administrator shall promulgate a rule in accordance
with this subsection requiring each person who has
manufactured a chemical substance that is a
perfluoroalkyl or polyfluoroalkyl substance in any year
since January 1, 2011, to submit to the Administrator a
report that includes, for each year since January 1,
2011, the information described in subparagraphs (A)
through (G) of paragraph (2).''.
SEC. 7352. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.
Not later than June 22, 2020, the Administrator shall take
final action on the proposed rule entitled ``Long-Chain
Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate
Chemical Substances; Significant New Use Rule'' (80 Fed. Reg.
2885 (January 21, 2015)).
Subtitle F--Other Matters
SEC. 7361. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall publish interim
guidance on the destruction and disposal of perfluoroalkyl and
polyfluoroalkyl substances and materials containing
perfluoroalkyl and polyfluoroalkyl substances, including--
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles, other than consumer goods, treated
with perfluoroalkyl and polyfluoroalkyl substances;
(4) spent filters, membranes, resins, granular
carbon, and other waste from water treatment;
(5) landfill leachate containing perfluoroalkyl and
polyfluoroalkyl substances; and
(6) solid, liquid, or gas waste streams containing
perfluoroalkyl and polyfluoroalkyl substances from
facilities manufacturing or using perfluoroalkyl and
polyfluoroalkyl substances.
(b) Considerations; Inclusions.--The interim guidance under
subsection (a) shall--
(1) take into consideration--
(A) the potential for releases of
perfluoroalkyl and polyfluoroalkyl substances
during destruction or disposal, including
through volatilization, air dispersion, or
leachate; and
(B) potentially vulnerable populations
living near likely destruction or disposal
sites; and
(2) provide guidance on testing and monitoring air,
effluent, and soil near potential destruction or
disposal sites for releases described in paragraph
(1)(A).
(c) Revisions.--The Administrator shall publish revisions
to the interim guidance under subsection (a) as the
Administrator determines to be appropriate, but not less
frequently than once every 3 years.
SEC. 7362. PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the
Assistant Administrator for the Office of Research and
Development, shall--
(1)(A) further examine the effects of
perfluoroalkyl and polyfluoroalkyl substances on human
health and the environment; and
(B) make publicly available information relating to
the findings under subparagraph (A);
(2) develop a process for prioritizing which
perfluoroalkyl and polyfluoroalkyl substances, or
classes of perfluoroalkyl and polyfluoroalkyl
substances, should be subject to additional research
efforts that is based on--
(A) the potential for human exposure to the
substances or classes of substances;
(B) the potential toxicity of the
substances or classes of substances; and
(C) information available about the
substances or classes of substances;
(3) develop new tools to characterize and identify
perfluoroalkyl and polyfluoroalkyl substances in the
environment, including in drinking water, wastewater,
surface water, groundwater, solids, and the air;
(4) evaluate approaches for the remediation of
contamination by perfluoroalkyl and polyfluoroalkyl
substances in the environment; and
(5) develop and implement new tools and materials
to communicate with the public about perfluoroalkyl and
polyfluoroalkyl substances.
(b) Funding.--There is authorized to be appropriated to the
Administrator to carry out this section $15,000,000 for each of
fiscal years 2020 through 2024.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National Emergency
With Respect to Syria
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.
Subtitle B--Assistance for the People of Syria
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.
Subtitle C--General Provisions
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. 7401. SHORT TITLE.
This title may be cited as the ``Caesar Syria Civilian
Protection Act of 2019''.
SEC. 7402. STATEMENT OF POLICY.
It is the policy of the United States that diplomatic and
coercive economic means should be utilized to compel the
government of Bashar al-Assad to halt its murderous attacks on
the Syrian people and to support a transition to a government
in Syria that respects the rule of law, human rights, and
peaceful co-existence with its neighbors.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
SEC. 7411. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
(a) Determination Regarding Central Bank of Syria.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall determine, under
section 5318A of title 31, United States Code, whether
reasonable grounds exist for concluding that the Central Bank
of Syria is a financial institution of primary money laundering
concern.
(b) Enhanced Due Diligence and Reporting Requirements.--If
the Secretary of the Treasury determines under subsection (a)
that reasonable grounds exist for concluding that the Central
Bank of Syria is a financial institution of primary money
laundering concern, the Secretary, in consultation with the
Federal functional regulators (as defined in section 509 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6809)), shall impose one or
more of the special measures described in section 5318A(b) of
title 31, United States Code, with respect to the Central Bank
of Syria.
(c) Report Required.--
(1) In general.--Not later than 90 days after
making a determination under subsection (a) with
respect to whether the Central Bank of Syria is a
financial institution of primary money laundering
concern, the Secretary of the Treasury shall submit to
the appropriate congressional committees a report that
includes the reasons for the determination.
(2) Form.--A report required by paragraph (1) shall
be submitted in unclassified form but may include a
classified annex.
(3) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
(A) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban
Affairs of the Senate.
SEC. 7412. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN
CERTAIN TRANSACTIONS.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date that is 180
days after the date of the enactment of this Act, the
President shall impose the sanctions described in
subsection (b) with respect to a foreign person if the
President determines that the foreign person, on or
after such date of enactment, knowingly engages in an
activity described in paragraph (2).
(2) Activities described.--A foreign person engages
in an activity described in this paragraph if the
foreign person--
(A) knowingly provides significant
financial, material, or technological support
to, or knowingly engages in a significant
transaction with--
(i) the Government of Syria
(including any entity owned or
controlled by the Government of Syria)
or a senior political figure of the
Government of Syria;
(ii) a foreign person that is a
military contractor, mercenary, or a
paramilitary force knowingly operating
in a military capacity inside Syria for
or on behalf of the Government of
Syria, the Government of the Russian
Federation, or the Government of Iran;
or
(iii) a foreign person subject to
sanctions pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) with respect to
Syria or any other provision of law
that imposes sanctions with respect to
Syria;
(B) knowingly sells or provides significant
goods, services, technology, information, or
other support that significantly facilitates
the maintenance or expansion of the Government
of Syria's domestic production of natural gas,
petroleum, or petroleum products;
(C) knowingly sells or provides aircraft or
spare aircraft parts that are used for military
purposes in Syria for or on behalf of the
Government of Syria to any foreign person
operating in an area directly or indirectly
controlled by the Government of Syria or
foreign forces associated with the Government
of Syria;
(D) knowingly provides significant goods or
services associated with the operation of
aircraft that are used for military purposes in
Syria for or on behalf of the Government of
Syria to any foreign person operating in an
area described in subparagraph (C); or
(E) knowingly, directly or indirectly,
provides significant construction or
engineering services to the Government of
Syria.
(3) Sense of congress.--It is the sense of Congress
that, in implementing this section, the President
should consider financial support under paragraph
(2)(A) to include the provision of loans, credits, or
export credits.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with
respect to a foreign person described in subsection (a)
are the following:
(A) Blocking of property.--The President
shall exercise all of the powers granted to the
President under the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) to
the extent necessary to block and prohibit all
transactions in property and interests in
property of the foreign person if such property
and interests in property are in the United
States, come within the United States, or are
or come within the possession or control of a
United States person.
(B) Ineligibility for visas, admission, or
parole.--
(i) Visas, admission, or parole.--
An alien described in subsection (a)
is--
(I) inadmissible to the
United States;
(II) ineligible to receive
a visa or other documentation
to enter the United States; and
(III) otherwise ineligible
to be admitted or paroled into
the United States or to receive
any other benefit under the
Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien
described in subsection (a) is
subject to revocation of any
visa or other entry
documentation regardless of
when the visa or other entry
documentation is or was issued.
(II) Immediate effect.--A
revocation under subclause (I)
shall--
(aa) take effect
immediately; and
(bb) automatically
cancel any other valid
visa or entry
documentation that is
in the alien's
possession.
(2) Penalties.--The penalties provided for in
subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C.
1705) shall apply to a person that violates, attempts
to violate, conspires to violate, or causes a violation
of regulations promulgated under section 7433(b) to
carry out paragraph (1)(A) to the same extent that such
penalties apply to a person that commits an unlawful
act described in section 206(a) of that Act.
(3) Exceptions.--Sanctions under paragraph (1)(B)
shall not apply with respect to an alien if admitting
or paroling the alien into the United States is
necessary--
(A) to permit the United States to comply
with the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November
21, 1947, between the United Nations and the
United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement
activity in the United States.
SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH CIVILIANS ARE
SUBJECT TO FORCED DISPLACEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall--
(1) identify the areas described in subsection (b);
and
(2) submit to the appropriate congressional
committees the strategy described in subsection (c).
(b) Areas Described.--The areas described in this
subsection are areas in Syria that the President determines--
(1) are under the control of--
(A) the Government of Syria;
(B) the Government of the Russian
Federation;
(C) the Government of Iran; or
(D) a foreign person described in section
7412(a)(2)(A)(ii); and
(2) are areas in which civilians have been subject
to forced displacement by--
(A) a government specified in subparagraph
(A), (B), or (C) of paragraph (1); or
(B) a foreign person described in section
7412(a)(2)(A)(ii).
(c) Strategy Described.--The strategy described in this
subsection is a strategy to deter foreign persons from entering
into contracts related to reconstruction in the areas described
in subsection (b) for or on behalf of--
(1) a government specified in subparagraph (A),
(B), or (C) of subsection (b)(1); or
(2) a foreign person described in section
7412(a)(2)(A)(ii).
(d) Form.--The strategy required by subsection (a)(2) shall
be submitted in unclassified form but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House
of Representatives; and
(2) the Committee on Foreign Relations of the
Senate.
Subtitle B--Assistance for the People of Syria
SEC. 7421. SENSE OF CONGRESS.
It is the sense of Congress that it is in the interests of
the United States to continue to provide assistance to the
people of Syria in order to promote peace, stability, and
development, including through multilateral organizations.
SEC. 7422. BRIEFING ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE
PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall brief the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate on the monitoring and evaluation of ongoing
assistance programs in Syria and for the Syrian people,
including assistance provided through multilateral
organizations.
(b) Matters To Be Included.--The briefing required by
subsection (a) shall include a description of--
(1) the specific project monitoring and evaluation
efforts, including measurable goals and performance
metrics for assistance in Syria;
(2) the memoranda of understanding entered into by
the Department of State, the United States Agency for
International Development, and their respective
Inspectors General, and the multilateral organizations
through which United States assistance will be
delivered that formalize requirements for the sharing
of information between such entities for the conduct of
audits, investigations, and evaluations; and
(3) the major challenges to monitoring and
evaluating programs described in subsection (a).
SEC. 7423. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE PROTECTION OF
CIVILIANS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall brief the
appropriate congressional committees on the potential
effectiveness, risks, and operational requirements of military
and non-military means to enhance the protection of civilians
inside Syria, especially civilians who are in besieged areas,
trapped at borders, or internally displaced.
(b) Consultation.--The briefing required by subsection (a)
shall be informed by consultations with the Department of
State, the United States Agency for International Development,
the Department of Defense, and international and local
humanitarian aid organizations operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
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.
(a) In General.--Except as provided in subsection (b), the
Secretary of State, after consultation with the Attorney
General and the heads of other appropriate Federal agencies, is
authorized, consistent with the national interest, to provide
assistance to support entities that are conducting criminal
investigations, supporting prosecutions, or collecting evidence
and preserving the chain of custody for such evidence for
eventual prosecution, against those who have committed war
crimes or crimes against humanity in Syria, including the
aiding and abetting of such crimes by foreign governments and
organizations supporting the Government of Syria, since March
2011.
(b) Limitation.--No assistance may be provided under
subsection (a) while President Bashar al-Assad remains in
power--
(1) to build the investigative or judicial
capacities of the Government of Syria; or
(2) to support prosecutions in the domestic courts
in Syria.
(c) Briefing.--Not later than one year after the date of
the enactment of this Act, the Secretary of State shall brief
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate on assistance provided under subsection (a).
SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES
AUTHORIZED.
(a) In General.--Except as provided in subsection (b),
section 542.516 of title 31, Code of Federal Regulations
(relating to certain services in support of nongovernmental
organizations' activities authorized), as in effect on the day
before the date of the enactment of this Act, shall--
(1) remain in effect on and after such date of
enactment; and
(2) in the case of a nongovernmental organization
that is authorized to export or reexport services to
Syria under such section on the day before such date of
enactment, apply to such organization on and after such
date of enactment to the same extent and in the same
manner as such section applied to such organization on
the day before such date of enactment.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code
of Federal Regulations, as codified under subsection
(a), shall not apply with respect to a foreign person
that has been designated as a foreign terrorist
organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), or otherwise
designated as a terrorist organization, by the
Secretary of State, in consultation with or upon the
request of the Attorney General or the Secretary of
Homeland Security.
(2) Effective date.--Paragraph (1) shall apply with
respect to a foreign person on and after the date on
which the designation of that person as a terrorist
organization is published in the Federal Register.
SEC. 7426. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall brief the
appropriate congressional committees on the strategy of the
President to help facilitate the ability of humanitarian
organizations to access financial services to help facilitate
the safe and timely delivery of assistance to communities in
need in Syria.
(b) Consideration of Data From Other Countries and
Nongovernmental Organizations.--In preparing the strategy
required by subsection (a), the President shall consider
credible data already obtained by other countries and
nongovernmental organizations, including organizations
operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
Subtitle C--General Provisions
SEC. 7431. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under this
Act or the imposition of sanctions required by any amendment
made by this title for renewable periods not to exceed 180 days
if the President determines that the following criteria have
been met in Syria:
(1) The air space over Syria is no longer being
utilized by the Government of Syria or the Government
of the Russian Federation to target civilian
populations through the use of incendiary devices,
including barrel bombs, chemical weapons, and
conventional arms (including air-delivered missiles and
explosives).
(2) Areas besieged by the Government of Syria, the
Government of the Russian Federation, the Government of
Iran, or a foreign person described in section
7412(a)(2)(A)(ii) are no longer cut off from
international aid and have regular access to
humanitarian assistance, freedom of travel, and medical
care.
(3) The Government of Syria is releasing all
political prisoners forcibly held within the prison
system of the regime of Bashar al-Assad and the
Government of Syria is allowing full access to prison
system facilities for investigations by appropriate
international human rights organizations.
(4) The forces of the Government of Syria, the
Government of the Russian Federation, the Government of
Iran, and any foreign person described in section
7412(a)(2)(A)(ii) are no longer engaged in deliberate
targeting of medical facilities, schools, residential
areas, and community gathering places, including
markets, in violation of international norms.
(5) The Government of Syria is--
(A) taking steps to verifiably fulfill its
commitments under the Convention on the
Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on
their Destruction, done at Geneva September 3,
1992, and entered into force April 29, 1997
(commonly known as the ``Chemical Weapons
Convention''), and the Treaty on the Non-
Proliferation of Nuclear Weapons, done at
Washington, London, and Moscow July 1, 1968,
and entered into force March 5, 1970 (21 UST
483); and
(B) making tangible progress toward
becoming a signatory to the Convention on the
Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on their Destruction, done at
Washington, London, and Moscow April 10, 1972,
and entered into force March 26, 1975 (26 UST
583).
(6) The Government of Syria is permitting the safe,
voluntary, and dignified return of Syrians displaced by
the conflict.
(7) The Government of Syria is taking verifiable
steps to establish meaningful accountability for
perpetrators of war crimes in Syria and justice for
victims of war crimes committed by the Assad regime,
including through participation in a credible and
independent truth and reconciliation process.
(b) Briefing Required.--Not later than 30 days after the
President makes a determination described in subsection (a),
the President shall provide a briefing to the appropriate
congressional committees on the determination and the
suspension of sanctions pursuant to the determination.
(c) Reimposition of Sanctions.--Any sanctions suspended
under subsection (a) shall be reimposed if the President
determines that the criteria described in that subsection are
no longer being met.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to terminate
the application of sanctions under section 7412 with respect to
a person that no longer engages in activities described in
subsection (a)(2) of that section.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means,
and the Committee on the Judiciary of the House of
Representatives; and
(2) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on the Judiciary of the Senate.
SEC. 7432. WAIVERS AND EXEMPTIONS.
(a) Exemptions.--The following activities and transactions
shall be exempt from sanctions authorized under this title or
any amendment made by this title:
(1) Any activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.), or to any authorized
intelligence activities of the United States.
(2) Any transaction necessary to comply with United
States obligations under--
(A) the Agreement regarding the
Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United
Nations and the United States;
(B) the Convention on Consular Relations,
done at Vienna April 24, 1963, and entered into
force March 19, 1967; or
(C) any other international agreement to
which the United States is a party.
(b) Waiver.--
(1) In general.--The President may, for renewable
periods not to exceed 180 days, waive the application
of any provision of this title (other than section
7434) with respect to a foreign person if the President
certifies to the appropriate congressional committees
that such a waiver is in the national security
interests of the United States.
(2) Briefing.--Not later than 90 days after the
issuance of a waiver under paragraph (1), and every 180
days thereafter while the waiver remains in effect, the
President shall brief the appropriate congressional
committees on the reasons for the waiver.
(c) Humanitarian Waiver.--
(1) In general.--The President may waive, for
renewable periods not to exceed 2 years, the
application of any provision of this title (other than
section 7434) with respect to a nongovernmental
organization providing humanitarian assistance not
covered by the authorization described in section 7425
if the President certifies to the appropriate
congressional committees that such a waiver is
important to address a humanitarian need and is
consistent with the national security interests of the
United States.
(2) Briefing.--Not later than 90 days after the
issuance of a waiver under paragraph (1), and every 180
days thereafter while the waiver remains in effect, the
President shall brief the appropriate congressional
committees on the reasons for the waiver.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Ways and Means,
and the Committee on the Judiciary of the House of
Representatives; and
(2) the Committee on Foreign Relations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on the Judiciary of the Senate.
SEC. 7433. IMPLEMENTATION AND REGULATORY AUTHORITIES.
(a) Implementation Authority.--The President may exercise
all authorities provided to the President under sections 203
and 205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) for purposes of carrying out this title
and the amendments made by this title.
(b) Regulatory Authority.--The President shall, not later
than 180 days after the date of the enactment of this Act,
promulgate regulations as necessary for the implementation of
this title and the amendments made by this title.
SEC. 7434. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this title or the amendments made by
this title shall not include the authority or a requirement to
impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply or
manufactured product, including inspection and test equipment,
and excluding technical data.
SEC. 7435. COST LIMITATION.
No additional funds are authorized to be appropriated to
carry out the requirements of this title and the amendments
made by this title. Such requirements shall be carried out
using amounts otherwise authorized to be appropriated.
SEC. 7436. RULE OF CONSTRUCTION.
Except for section 7434 with respect to the importation of
goods, nothing in this title shall be construed to limit the
authority of the President pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any
other provision of law.
SEC. 7437. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE AS
AN AUTHORIZATION FOR USE OF MILITARY FORCE.
Nothing in this title may be construed as an authorization
for use of military force.
SEC. 7438. SUNSET.
This title shall cease to be effective on the date that is
5 years after the date of the enactment of this Act.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
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. 7501. SHORT TITLE.
This title may be cited as the ``Protecting Europe's Energy
Security Act of 2019''.
SEC. 7502. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Europe share a common
history, a common identity, and common values built
upon the principles of democracy, rule of law, and
individual freedoms;
(2) the United States has encouraged and admired
the European project, which has resulted in a common
market and common policies, has achieved unprecedented
prosperity and stability on the continent, and serves
as a model for other countries to reform their
institutions and prioritize anticorruption measures;
(3) the relationships between the United States and
Europe and the United States and Germany are critical
to the national security interests of the United States
as well as to global prosperity and peace, and Germany
in particular is a crucial partner for the United
States in multilateral efforts aimed at promoting
global prosperity and peace;
(4) the United States should stand against any
effort designed to weaken those relationships; and
(5) Germany has demonstrated leadership within the
European Union and in international fora to ensure that
sanctions imposed with respect to the Russian
Federation for its malign activities are maintained.
SEC. 7503. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF CERTAIN
VESSELS FOR THE CONSTRUCTION OF CERTAIN RUSSIAN
ENERGY EXPORT PIPELINES.
(a) Report Required.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of State, in consultation
with the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report that
identifies, for the period specified in paragraph (2)--
(A) vessels that engaged in pipe-laying at
depths of 100 feet or more below sea level for
the construction of the Nord Stream 2 pipeline
project, the TurkStream pipeline project, or
any project that is a successor to either such
project; and
(B) foreign persons that the Secretary of
State, in consultation with the Secretary of
the Treasury, determines have knowingly--
(i) sold, leased, or provided those
vessels for the construction of such a
project; or
(ii) facilitated deceptive or
structured transactions to provide
those vessels for the construction of
such a project.
(2) Period specified.--The period specified in this
paragraph is--
(A) in the case of the first report
required to be submitted by paragraph (1), the
period beginning on the date of the enactment
of this Act and ending on the date on which the
report is submitted; and
(B) in the case of any subsequent such
report, the 90-day period preceding submission
of the report.
(b) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.--
(1) In general.--
(A) Visas, admission, or parole.--An alien
described in paragraph (2) is--
(i) inadmissible to the United
States;
(ii) ineligible to receive a visa
or other documentation to enter the
United States; and
(iii) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other
entry documentation of an alien
described in paragraph (2) shall be
revoked, regardless of when such visa
or other entry documentation is or was
issued.
(ii) Immediate effect.--A
revocation under clause (i) shall--
(I) take effect
immediately; and
(II) automatically cancel
any other valid visa or entry
documentation that is in the
alien's possession.
(2) Aliens described.--An alien is described in
this paragraph if the alien is--
(A) a foreign person identified under
subsection (a)(1)(B);
(B) a corporate officer of a person
described in subparagraph (A); or
(C) a principal shareholder with a
controlling interest in a person described in
subparagraph (A).
(c) Blocking of Property of Identified Persons.--The
President shall exercise all powers granted to the President by
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in all property and interests in property of any
person identified under subsection (a)(1)(B) if such property
and interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(d) Wind-down Period.--The President may not impose
sanctions under this section with respect to a person
identified in the first report submitted under subsection (a)
if the President certifies in that report that the person has,
not later than 30 days after the date of the enactment of this
Act, engaged in good faith efforts to wind down operations that
would otherwise subject the person to the imposition of
sanctions under this section.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement,
and national security activities.--Sanctions under this
section shall not apply to any authorized intelligence,
law enforcement, or national security activities of the
United States.
(2) Exception to comply with united nations
headquarters agreement.--Sanctions under this section
shall not apply with respect to the admission of an
alien to the United States if the admission of the
alien is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of
the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between
the United Nations and the United States, the
Convention on Consular Relations, done at Vienna April
24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(3) Exception for safety of vessels and crew.--
Sanctions under this section shall not apply with
respect to a person providing provisions to a vessel
identified under subsection (a)(1)(A) if such
provisions are intended for the safety and care of the
crew aboard the vessel, the protection of human life
aboard the vessel, or the maintenance of the vessel to
avoid any environmental or other significant damage.
(4) Exception for repair or maintenance of
pipelines.--Sanctions under this section shall not
apply with respect to a person for engaging in
activities necessary for or related to the repair or
maintenance of, or environmental remediation with
respect to, a pipeline project described in subsection
(a)(1)(A).
(5) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other
provision of this section, the authorities and
requirements to impose sanctions authorized
under this section shall not include the
authority or a requirement to impose sanctions
on the importation of goods.
(B) Good defined.--In this paragraph, the
term ``good'' means any article, natural or
man-made substance, material, supply or
manufactured product, including inspection and
test equipment, and excluding technical data.
(f) Waivers.--
(1) National interest waiver for visa ban.--The
President may waive the application of sanctions under
subsection (b) with respect to an alien if the
President--
(A) determines that the waiver is in the
national interests of the United States; and
(B) submits to the appropriate
congressional committees a report on the waiver
and the reasons for the waiver.
(2) National security waiver for economic and other
sanctions.--The President may waive the application of
sanctions under subsection (c) with respect to a person
if the President--
(A) determines that the waiver is in the
national security interests of the United
States; and
(B) submits to the appropriate
congressional committees a report on the waiver
and the reasons for the waiver.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided to the President under sections
203 and 205 of the International Emergency Economic
Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
this section or any regulation, license, or order
issued to carry out this section shall be subject to
the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a
person that commits an unlawful act described in
subsection (a) of that section.
(h) Termination and Sunset.--The authority to impose
sanctions under this section with respect to a person involved
in the construction of a pipeline project described in
subsection (a)(1)(A), and any sanctions imposed under this
section with respect to that project, shall terminate on the
date that is the earlier of--
(1) the date on which the President certifies to
the appropriate congressional committees that
appropriate safeguards have been put in place--
(A) to minimize the ability of the
Government of the Russian Federation to use
that project as a tool of coercion and
political leverage, including by achieving the
unbundling of energy production and
transmission so that entities owned or
controlled by that Government do not control
the transmission network for the pipeline; and
(B) to ensure, barring unforeseen
circumstances, that the project would not
result in a decrease of more than 25 percent in
the volume of Russian energy exports transiting
through existing pipelines in other countries,
particularly Ukraine, relative to the average
monthly volume of Russian energy exports
transiting through such pipelines in 2018; or
(2) the date that is 5 years after the date of the
enactment of this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms
``admission'', ``admitted'', and ``alien'' have the
meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and
the Committee on Banking, Housing, and Urban
Affairs of the Senate; and
(B) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives.
(3) Foreign person.--The term ``foreign person''
means an individual or entity that is not a United
States person.
(4) Knowingly.--The term ``knowingly'', with
respect to conduct, a circumstance, or a result, means
that a person has actual knowledge, or should have
known, of the conduct, the circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien
lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of
the United States or any jurisdiction within
the United States, including a foreign branch
of such an entity; or
(C) any person within the United States.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
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.
Subtitle B--Other Matters
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.
Subtitle A--Federal Employee Paid Leave Act
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Federal Employee Paid
Leave Act''.
SEC. 7602. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) In General.--Subsection (d) of section 6382 of title 5,
United States Code, is amended--
(1) by striking ``An employee'' and inserting ``(1)
An employee'';
(2) by striking ``subparagraph (A), (B), (C),'' and
inserting ``subparagraph (C),''; and
(3) by adding at the end the following:
``(2)(A) An employee may elect to substitute for
any leave without pay under subparagraph (A) or (B) of
subsection (a)(1) any paid leave which is available to
such employee for that purpose.
``(B) The paid leave that is available to an
employee for purposes of subparagraph (A) is--
``(i) 12 administrative workweeks of paid
parental leave under this subparagraph in
connection with the birth or placement
involved; and
``(ii) during the 12-month period referred
to in subsection (a)(1), and in addition to the
12 administrative workweeks under clause (i),
any annual or sick leave accrued or accumulated
by such employee under subchapter I.
``(C) Nothing in this subsection shall be
considered to require that an employee first use all or
any portion of the leave described in subparagraph
(B)(ii) before being allowed to use the paid parental
leave described in subparagraph (B)(i).
``(D) Paid parental leave under subparagraph
(B)(i)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions within the employing
agency;
``(ii) shall not be considered to be annual
or vacation leave for purposes of section 5551
or 5552 or for any other purpose; and
``(iii) if not used by the employee before
the end of the 12-month period (as referred to
in subsection (a)(1)) to which it relates,
shall not accumulate for any subsequent use.
``(E) Nothing in this paragraph shall be construed
to modify the requirement to complete at least 12
months of service as an employee (within the meaning of
section 6381(1)(A)) before the date of the applicable
birth or placement involved to be eligible for paid
parental leave under subparagraph (B)(i) of this
paragraph.
``(F)(i) An employee may not take leave under this
paragraph unless the employee agrees (in writing),
before the commencement of such leave, to work for the
applicable employing agency for not less than a period
of 12 weeks beginning on the date such leave concludes.
``(ii) The head of the agency shall waive the
requirement in clause (i) in any instance where the
employee is unable to return to work because of the
continuation, recurrence, or onset of a serious health
condition (including mental health), related to the
applicable birth or placement of a child, of the
employee or the child.
``(iii) The head of the employing agency may
require that an employee who claims to be unable to
return to work because of a health condition described
under clause (ii) provide certification supporting such
claim by the health care provider of the employee or
the child (as the case may be). The employee shall
provide such certification to the head in a timely
manner.
``(G)(i) If an employee fails to return from paid
leave provided under this paragraph after the date such
leave concludes, the employing agency may recover, from
such employee, an amount equal to the total amount of
Government contributions paid by the agency under
section 8906 on behalf of the employee for maintaining
such employee's health coverage under chapter 89 during
the period of such leave.
``(ii) Clause (i) shall not apply to any employee
who fails to return from such leave due to--
``(I) the continuation, recurrence, or
onset of a serious health condition as
described under, and consistent with the
requirements of, subparagraph (F); or
``(II) any other circumstance beyond the
control of the employee.''.
(b) Conforming Amendments.--Section 6382(a) is amended--
(1) in paragraph (1), in the matter preceding
subparagraph (A) by inserting ``and subsection (d)(2)
of this section'' after ``section 6383''; and
(2) in paragraph (4), by striking ``During'' and
inserting ``Subject to subsection (d)(2), during''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7603. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments to Congressional Accountability Act.--
Section 202 of the Congressional Accountability Act of 1995 (2
U.S.C. 1312) is amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102 of such Act with
respect to leave for an event described in subsection
(a)(1)(A) or (B) of such section to covered employees,
subsection (d) of this section shall apply. Paragraphs
(1) and (4) of section 102(a) of such Act shall be
subject to subsection (d) of this section.'';
(2) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(3) by inserting after subsection (c) the
following:
``(d) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered
employee may elect to substitute for any leave without
pay under subparagraph (A) or (B) of section 102(a)(1)
of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)) any paid leave which is available to such
employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of
paragraph (1) is--
``(A) the number of weeks of paid parental
leave in connection with the birth or placement
involved that corresponds to the number of
administrative workweeks of paid parental leave
available to employees under section
6382(d)(2)(B)(i) of title 5, United States
Code; and
``(B) during the 12-month period referred
to in section 102(a)(1) of the Family and
Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)) and in addition to the
administrative workweeks described in
subparagraph (A), any additional paid vacation,
personal, family, medical, or sick leave
provided by the employing office to such
employee.
``(3) Limitation.--Nothing in this section or
section 102(d)(2)(A) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(d)(2)(A)) shall be
considered to require or permit an employing office to
require that an employee first use all or any portion
of the leave described in paragraph (2)(B) before being
allowed to use the paid parental leave described in
paragraph (2)(A).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any
appropriation or fund available for salaries or
expenses for positions within the employing
office;
``(B) if not used by the covered employee
before the end of the 12-month period (as
referred to in section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1))) to which it relates, shall not
accumulate for any subsequent use; and
``(C) shall apply without regard to the
limitations in subparagraph (E), (F), or (G) of
section 6382(d)(2) of title 5, United States
Code, or section 104(c)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C.
2614(c)(2)).''.
(b) Conforming Amendment.--Section 202(a)(2) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1312(a)(2))
is amended by adding at the end the following: ``The
requirements of subparagraph (B) shall not apply with respect
to leave under subparagraph (A) or (B) of section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)).''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7604. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--
Section 102 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and
subsection (d)(3)'' after ``section 103''; and
(B) in paragraph (4), by striking
``During'' and inserting ``Subject to
subsection (d)(3), during''; and
(2) in subsection (d), by adding at the end the
following:
``(3) Special rule for gao employees.--
``(A) Substitution of paid leave.--An
employee of the Government Accountability
Office may elect to substitute for any leave
without pay under subparagraph (A) or (B) of
subsection (a)(1) any paid leave which is
available to such employee for that purpose.
``(B) Amount of paid leave.--The paid leave
that is available to an employee of the
Government Accountability Office for purposes
of subparagraph (A) is--
``(i) the number of weeks of paid
parental leave in connection with the
birth or placement involved that
corresponds to the number of
administrative workweeks of paid
parental leave available to employees
under section 6382(d)(2)(B)(i) of title
5, United States Code; and
``(ii) during the 12-month period
referred to in section 102(a)(1) and in
addition to the administrative
workweeks described in clause (i), any
additional paid vacation, personal,
family, medical, or sick leave provided
by such employer.
``(C) Limitation.--Nothing in this section
shall be considered to require or permit an
employer to require that an employee first use
all or any portion of the leave described in
subparagraph (B)(ii) before being allowed to
use the paid parental leave described in clause
(i) of subparagraph (B).
``(D) Additional rules.--Paid parental
leave under subparagraph (B)(i)--
``(i) shall be payable from any
appropriation or fund available for
salaries or expenses for positions with
the Government Accountability Office;
``(ii) if not used by the employee
of such employer before the end of the
12-month period (as referred to in
subsection (a)(1)) to which it relates,
shall not accumulate for any subsequent
use; and
``(iii) shall apply without regard
to the limitations in subparagraph (E),
(F), or (G) of section 6382(d)(2) of
title 5, United States Code or section
104(c)(2) of this Act.
``(4) Special rule for library of congress
employees.--Consistent with section 101(a)(3)(J) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1301(a)(3)(J)), the rights and protections established
by sections 101 through 105, including section
102(d)(3), shall apply to employees of the Library of
Congress under section 202 of that Act (2 U.S.C.
1312).''.
(b) Conforming Amendment.--Section 101(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by
adding at the end the following:
``(E) GAO employees.--In the case of an
employee of the Government Accountability
Office, the requirements of subparagraph (A)
shall not apply with respect to leave under
section 102(a)(1)(A) or (B).''.
(c) Effective Date.--The amendments made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 7605. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND
RESERVES.
(a) Executive Branch Employees.--For purposes of
determining the eligibility of an employee who is a member of
the National Guard or Reserves to take leave under section
6382(a) of title 5, United States Code, or to substitute such
leave pursuant to subsection (d)(2)(A) of section 6382 of such
title (as added by section 1102), any service by such employee
on active duty (as defined in section 6381(7) of such title)
shall be counted as service as an employee for purposes of
section 6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining
the eligibility of a covered employee (as such term is defined
in section 101(3) of the Congressional Accountability Act) who
is a member of the National Guard or Reserves to take leave
under section 102(a) of the Family and Medical Leave Act of
1993 (pursuant to section 202(a)(1) of the Congressional
Accountability Act), any service by such employee on active
duty (as defined in section 101(14) of the Family and Medical
Leave Act of 1993) shall be counted as time during which such
employee has been employed in an employing office for purposes
of section 202(a)(2)(B) of the Congressional Accountability
Act.
(c) Gao and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of
the National Guard or Reserves to take leave under section
102(a) of the Family and Medical Leave Act of 1993, any service
by such employee on active duty (as defined in section 101(14)
of such Act) shall be counted as time during which such
employee has been employed for purposes of section 101(2)(A) of
such Act.
SEC. 7606. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is amended to read as
follows:
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the
functions authorized under paragraph (1), the
Under Secretary shall be subject to the
provisions set forth in chapter 43 of title 38,
United States Code.
``(B) Leave.--The provisions of subchapter
V of chapter 63 of title 5, United States Code,
shall apply to any individual appointed under
paragraph (1) as if such individual were an
employee (within the meaning of subparagraph
(A) of section 6381(1) of such title).''.
Subtitle B--Other Matters
SEC. 7611. LIBERIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically
provided, any term used in this Act that is used in the
immigration laws shall have the meaning given the term
in the immigration laws.
(2) Immigration laws.--The term ``immigration
laws'' has the meaning given the term in section
101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph
(3), the Secretary shall adjust the status of an alien
described in subsection (c) to that of an alien
lawfully admitted for permanent residence if the
alien--
(A) applies for adjustment not later than 1
year after the date of the enactment of this
Act;
(B) is otherwise eligible to receive an
immigrant visa; and
(C) subject to paragraph (2), is admissible
to the United States for permanent residence.
(2) Applicability of grounds of inadmissibility.--
In determining the admissibility of an alien under
paragraph (1)(C), the grounds of inadmissibility
specified in paragraphs (4), (5), (6)(A), and (7)(A) of
section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) shall not apply.
(3) Exceptions.--An alien shall not be eligible for
adjustment of status under this subsection if the
Secretary determines that the alien--
(A) has been convicted of any aggravated
felony;
(B) has been convicted of two or more
crimes involving moral turpitude (other than a
purely political offense); or
(C) has ordered, incited, assisted, or
otherwise participated in the persecution of
any person on account of race, religion,
nationality, membership in a particular social
group, or political opinion.
(4) Relationship of application to certain
orders.--
(A) In general.--An alien present in the
United States who has been subject to an order
of exclusion, deportation, removal, or
voluntary departure under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.) may, notwithstanding such order,
submit an application for adjustment of status
under this subsection if the alien is otherwise
eligible for adjustment of status under
paragraph (1).
(B) Separate motion not required.--An alien
described in subparagraph (A) shall not be
required, as a condition of submitting or
granting an application under this subsection,
to file a separate motion to reopen,
reconsider, or vacate an order described in
subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary
adjusts the status of an alien pursuant
to an application under this
subsection, the Secretary shall cancel
any order described in subparagraph (A)
to which the alien has been subject.
(ii) Denial.--If the Secretary
makes a final decision to deny such
application, any such order shall be
effective and enforceable to the same
extent that such order would be
effective and enforceable if the
application had not been made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under
subsection (b) shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the
United States during the period beginning on
November 20, 2014, and ending on the date on
which the alien submits an application under
subsection (b); or
(B) is the spouse, child, or unmarried son
or daughter of an alien described in
subparagraph (A).
(2) Determination of continuous physical
presence.--For purposes of establishing the period of
continuous physical presence referred to in paragraph
(1)(A)(ii), an alien shall not be considered to have
failed to maintain continuous physical presence based
on one or more absences from the United States for one
or more periods amounting, in the aggregate, of not
more than 180 days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate
regulations establishing procedures by which an alien
who is subject to a final order of deportation,
removal, or exclusion, may seek a stay of such order
based on the filing of an application under subsection
(b).
(2) During certain proceedings.--
(A) In general.--Except as provided in
subparagraph (B), notwithstanding any provision
of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), the Secretary may not
order an alien to be removed from the United
States if the alien--
(i) is in exclusion, deportation,
or removal proceedings under any
provision of such Act; and
(ii) has submitted an application
for adjustment of status under
subsection (b).
(B) Exception.--The Secretary may order an
alien described in subparagraph (A) to be
removed from the United States if the Secretary
has made a final determination to deny the
application for adjustment of status under
subsection (b) of the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has
applied for adjustment of status under
subsection (b) to engage in employment
in the United States during the period
in which a determination on such
application is pending; and
(ii) provide such alien with an
``employment authorized'' endorsement
or other appropriate document
signifying authorization of employment.
(B) Pending applications.--If an
application for adjustment of status under
subsection (b) is pending for a period
exceeding 180 days and has not been denied, the
Secretary shall authorize employment for the
applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of an
alien, the Secretary shall establish a record of admission for
permanent residence for the alien as of the date of the arrival
of the alien in the United States.
(f) Availability of Administrative Review.--The Secretary
shall provide applicants for adjustment of status under
subsection (b) with the same right to, and procedures for,
administrative review as are provided to--
(1) applicants for adjustment of status under
section 245 of the Immigration and Nationality Act (8
U.S.C. 1255); and
(2) aliens subject to removal proceedings under
section 240 of such Act (8 U.S.C. 1229a).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary
with respect to the adjustment of status of any alien
under this section is final and shall not be subject to
review by any court.
(2) Rule of construction.--Nothing in paragraph (1)
shall be construed to preclude the review of a
constitutional claim or a question of law under section
704 of title 5, United States Code, with respect to a
denial of adjustment of status under this section.
(h) No Offset in Number of Visas Available.--The Secretary
of State shall not be required to reduce the number of
immigrant visas authorized to be issued under any provision of
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) to
offset the adjustment of status of an alien who has been
lawfully admitted for permanent residence pursuant to this
section.
(i) Application of Immigration and Nationality Act
Provisions.--
(1) Savings provision.--Nothing in this Act may be
construed to repeal, amend, alter, modify, effect, or
restrict the powers, duties, function, or authority of
the Secretary in the administration and enforcement of
the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.) or any other law relating to immigration,
nationality, or naturalization.
(2) Effect of eligibility for adjustment of
status.--The eligibility of an alien to be lawfully
admitted for permanent residence under this section
shall not preclude the alien from seeking any status
under any other provision of law for which the alien
may otherwise be eligible.
SEC. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(2) Conservation pool.--The term ``conservation
pool'' means all land and water of Grand Lake O' the
Cherokees, Oklahoma, below the flood pool.
(3) Flood pool.--The term ``flood pool'' means all
land and water of Grand Lake O' the Cherokees,
Oklahoma, allocated for flood control or navigation by
the Secretary pursuant to section 7 of the Flood
Control Act of 1944 (33 U.S.C. 709).
(4) Project.--The term ``project'' means the
Pensacola Hydroelectric Project (FERC No. 1494).
(5) Secretary.--The term ``Secretary'' means the
Secretary of the Army.
(b) Conservation Pool Management.--
(1) Federal land.--Notwithstanding section 3(2) of
the Federal Power Act (16 U.S.C. 796(2)), any Federal
land within the project boundary, including any right,
title, or interest in or to land held by the United
States for any purpose, shall not--
(A) be subject to the first proviso in
section 4(e) of the Federal Power Act (16
U.S.C. 797(e)); or
(B) be considered to be--
(i) land or other property of the
United States for purposes of
recompensing the United States for the
use, occupancy, or enjoyment of the
land under section 10(e)(1) of that Act
(16 U.S.C. 803(e)(1)); or
(ii) land of the United States for
purposes of section 24 of that Act (16
U.S.C. 818).
(2) License conditions.--
(A) In general.--Except as may be required
by the Secretary to carry out responsibilities
under section 7 of the Flood Control Act of
1944 (33 U.S.C. 709), the Commission or any
other Federal or State agency shall not include
in any license for the project any condition or
other requirement relating to--
(i) surface elevations of the
conservation pool; or
(ii) the flood pool (except to the
extent it references flood control
requirements prescribed by the
Secretary).
(B) Exception.--Notwithstanding
subparagraph (A), the project shall remain
subject to the Commission's rules and
regulations for project safety and protection
of human health.
(3) Project scope.--
(A) Licensing jurisdiction.--The licensing
jurisdiction of the Commission for the project
shall not extend to any land or water outside
the project boundary.
(B) Outside infrastructure.--Any land,
water, or physical infrastructure or other
improvement outside the project boundary shall
not be considered to be part of the project.
(C) Boundary jurisdiction amendments.--The
Commission may, consistent with the
requirements of the Federal Power Act, amend
the project boundary, only with the expressed
written agreement of the project licensee. If
the licensee does not agree to a project
boundary change proposed by the Commission, the
purposes and requirements of part I of the
Federal Power Act (16 U.S.C. 791a et seq.)
shall be deemed to be satisfied without the
Commission's proposed boundary or jurisdiction
change.
(c) Exclusive Jurisdiction of Flood Pool Management.--The
Secretary shall have exclusive jurisdiction and responsibility
for management of the flood pool for flood control operations
at Grand Lake O' the Cherokees.
(d) Study of Upstream Infrastructure.--Not later than 90
days after the date of the enactment of this Act, the Secretary
shall initiate a study of infrastructure and lands upstream
from the project to evaluate resiliency to flooding. Not later
than one year after initiating the study, the Secretary shall
issue a report advising local communities and State departments
of transportation of any identified deficiencies and potential
mitigation options.
(e) Savings Provision.--Nothing in this section affects,
with respect to the project--
(1) any authority or obligation of the Secretary or
the Chief of Engineers pursuant to section 2 of the Act
of June 28, 1938 (commonly known as the ``Flood Control
Act of 1938'') (33 U.S.C. 701c-1);
(2) any authority of the Secretary or the Chief of
Engineers pursuant to section 7 of the Act of December
22, 1944 (commonly known as the ``Flood Control Act of
1944'') (33 U.S.C. 709);
(3) any obligation of the United States to obtain
flowage or other property rights pursuant to the Act of
July 31, 1946 (60 Stat. 743, chapter 710);
(4) any obligation of the United States to acquire
flowage or other property rights for additional
reservoir storage pursuant to Executive Order 9839 (12
Fed. Reg. 2447; relating to the Grand River Dam
Project);
(5) any authority of the Secretary to acquire real
property interest pursuant to section 560 of the Water
Resources Development Act of 1996 (Public Law 104-303;
110 Stat. 3783);
(6) any obligation of the Secretary to conduct and
pay the cost of a feasibility study pursuant to section
449 of the Water Resources Development Act of 2000
(Public Law 106-541; 114 Stat. 2641);
(7) the National Flood Insurance Program
established under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), including any policy
issued under that Act; or
(8) any disaster assistance made available under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or other
Federal disaster assistance program.
SEC. 7613. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK
AND OPERATIONS.
Section 5323 of title 49, United States Code, is amended by
adding at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph
(5), financial assistance made available under this
chapter shall not be used in awarding a contract or
subcontract to an entity on or after the date of
enactment of this subsection for the procurement of
rolling stock for use in public transportation if the
manufacturer of the rolling stock--
``(A) is incorporated in or has
manufacturing facilities in the United States;
and
``(B) is owned or controlled by, is a
subsidiary of, or is otherwise related legally
or financially to a corporation based in a
country that--
``(i) is identified as a nonmarket
economy country (as defined in section
771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of
enactment of this subsection;
``(ii) was identified by the United
States Trade Representative in the most
recent report required by section 182
of the Trade Act of 1974 (19 U.S.C.
2242) as a foreign country included on
the priority watch list defined in
subsection (g)(3) of that section; and
``(iii) is subject to monitoring by
the Trade Representative under section
306 of the Trade Act of 1974 (19 U.S.C.
2416).
``(2) Exception.--For purposes of paragraph (1),
the term `otherwise related legally or financially'
does not include a minority relationship or investment.
``(3) International agreements.--This subsection
shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in
paragraph (5), as a condition of financial
assistance made available in a fiscal year
under section 5337, a recipient that operates
rail fixed guideway service shall certify in
that fiscal year that the recipient will not
award any contract or subcontract for the
procurement of rail rolling stock for use in
public transportation with a rail rolling stock
manufacturer described in paragraph (1).
``(B) Separate certification.--The
certification required under this paragraph
shall be in addition to any certification the
Secretary establishes to ensure compliance with
the requirements of paragraph (1).
``(5) Special rules.--
``(A) Parties to executed contracts.--This
subsection, including the certification
requirement under paragraph (4), shall not
apply to the award of any contract or
subcontract made by a public transportation
agency with a rail rolling stock manufacturer
described in paragraph (1) if the manufacturer
and the public transportation agency have
executed a contract for rail rolling stock
before the date of enactment of this
subsection.
``(B) Rolling stock.--Except as provided in
subparagraph (C) and for a contract or
subcontract that is not described in
subparagraph (A), this subsection, including
the certification requirement under paragraph
(4), shall not apply to the award of a contract
or subcontract made by a public transportation
agency with any rolling stock manufacturer for
the 2-year period beginning on or after the
date of enactment of this subsection.
``(C) Exception.--Subparagraph (B) shall
not apply to the award of a contract or
subcontract made by the Washington Metropolitan
Area Transit Authority.
``(v) Cybersecurity Certification for Rail Rolling Stock
and Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a
recipient that operates a rail fixed guideway public
transportation system shall certify that the recipient
has established a process to develop, maintain, and
execute a written plan for identifying and reducing
cybersecurity risks.
``(2) Compliance.--For the process required under
paragraph (1), a recipient of assistance under this
chapter shall--
``(A) utilize the approach described by the
voluntary standards and best practices
developed under section 2(c)(15) of the
National Institute of Standards and Technology
Act (15 U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that
the recipient determines should undergo third-
party testing and analysis to mitigate
cybersecurity risks, such as hardware or
software for rail rolling stock under proposed
procurements; and
``(C) utilize the approach described in any
voluntary standards and best practices for rail
fixed guideway public transportation systems
developed under the authority of the Secretary
of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--
Nothing in this subsection shall be construed to
interfere with the authority of--
``(A) the Secretary of Homeland Security to
publish or ensure compliance with requirements
or standards concerning cybersecurity for rail
fixed guideway public transportation systems;
or
``(B) the Secretary of Transportation under
section 5329 to address cybersecurity issues as
those issues relate to the safety of rail fixed
guideway public transportation systems.''.
And the House agree to the same.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Adam Smith,
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Joe Courtney,
John Garamendi,
Jackie Speier,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
Filemon Vela,
Andy Kim,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Elise M. Stefanik,
Trent Kelly,
Don Bacon,
Jim Banks,
Liz Cheney,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Adam B. Schiff,
Terri A. Sewell,
Devin Nunes,
From the Committee on the Budget, for
consideration of secs. 4 and 10608 of the
Senate bill, and secs. 1006 and 1112 of the
House amendment, and modifications committed to
conference:
John A. Yarmuth,
Scott H. Peters,
Bill Johnson,
From the Committee on Education and Labor, for
consideration of secs. 571, 572, and 5501 of
the Senate bill, and secs. 211, 576, 580,
1099N, 1117, 3120, and 3503 of the House
amendment, and modifications committed to
conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
From the Committee on Energy and Commerce, for
consideration of secs. 214, 315, 318, 703,
3112, 3113, 3201-03, 5318, 6001, 6006, 6021,
6701, 6711, 6721-24, 6741, 6742, 6751-54, 8101,
8202, 10421, 10422, and 10742 of the Senate
bill, and secs. 315, 330F, 330H, 330O, 606,
737, 3111, 3112, 3127, 3128, 3201, and 3202 of
the House amendment, and modifications
committed to conference:
Fred Upton,
From the Committee on Financial Services, for
consideration of secs. 6017, 6018, 6804, 6811,
6813-16, 6834, 6835, and title LXIX of the
Senate bill, and secs. 550K, 560G, subtitle I
of title X, secs. 1240B, 1292, 1704, 1711,
1713-16, 1733, and 2843 of the House amendment,
and modifications committed to conference:
Brad Sherman,
Andy Barr,
From the Committee on Foreign Affairs, for
consideration of secs. 834, 1011, 1043, 1202,
1203, 1205, 1206, 1211, 1212, 1215, 1221-24,
1231-36, 1238, 1252, 1281-84, title XIII, secs.
1671, 1681, 2822, 6203-06, 6210, 6213, 6215,
6231, 6236, title LXVIII, secs. 6921, 6922,
6931, 6941, 6943, 6954, part I of subtitle B of
title LXXXV, secs. 8562, and 10701 of the
Senate bill, and secs. 634, 1036, 1046, 1050,
1099X, 1201, 1202, 1204, 1207, 1210, 1213,
1215, 1218, 1221-25, 1229, 1231-34, 1240A,
1241, 1250D, 1251, 1255, 1258, 1260A, 1260B,
1265, 1266, 1269, 1270, 1270G, 1270H, 1270I,
1270N, 1270R, 1270S, 1270T, 1270W, subtitle I
of title XII, subtitle J of title XII, title
XIII, secs. 1521, 1669, and title XVII of the
House amendment, and modifications committed to
conference:
Michael T. McCaul,
From the Committee on Homeland Security, for
consideration of secs. 6006, 6012, and 8543 of
the Senate bill, and modifications committed to
conference:
Max Rose,
Lauren Underwood,
Mark Walker,
From the Committee on the Judiciary, for
consideration of secs. 1025, 1031, 1044, 1682,
6004, 6206, 6804, 6811, 6813-16, 6835, 6921,
and 6944 of the Senate bill, and secs. 530F,
530G, 550D, 550F, 550J, 570H, 729, 827, 1011,
1048, 1049, 1050C, 1093, 1099C, 1099K, 1099V,
1099Z-3, 1212, 1296A, 1704, 1711, 1713-16, and
1733 of the House amendment and modifications
committed to conference:
Zoe Lofgren,
From the Committee on Natural Resources, for
consideration of secs. 314, 2812, 2814, 6001,
6020, subtitle C of title LXVII, sec. 8524,
part I of subtitle B of title LXXXV, secs.
8554, and 8571 of the Senate bill, and secs.
330G, 1094, 1099D, 1099F, 1099U, 2851, subtitle
F of title XXVIII, secs. 2876, and 2880 of the
House amendment, and modifications committed to
conference:
Debra A. Haaland,
Rob Bishop,
From the Committee on Oversight and Reform, for
consideration of secs. 218, 530, 559, 579,
1081, 1082, title XI, secs. 5802, 6012,
subtitle B of title LXV, secs. 9304, 9307,
9311, 9313, 9314, 10303, 10432, 10434, 10601,
10603-05, 10612, 10741, and 10742 of the Senate
bill, and secs. 212, 239, 5500, 629, 633, 804,
829, 842, 861, 872, 877, 883, 884, 891, 895,
899E, 899H, 899I, 1064, 1085, 1099B, title XI,
secs. 1704, 1711, 1713-16, and 3127 of the
House amendment, and modifications committed to
conference:
Stephen F. Lynch,
Gerald E. Connolly,
Mark E. Green,
From the Committee on Science, Space, and
Technology, for consideration of secs. 216,
219, 1612, 6001, 6006, 6008, 6009, 6742, 6754,
8524, and 10742 of the Senate bill, and secs.
214, 217, 882, and 1089 of the House amendment,
and modifications committed to conference:
Eddie Bernice Johnson,
Mikie Sherrill,
James R. Baird,
From the Committee on Small Business, for
consideration of sec. 841 of the Senate bill,
and secs. 872-76, 878, 879, 881, 882, and 886-
89 of the House amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 353,
1612, 1682, 2805, title XXXV, secs. 6001, 6006,
6012, 6015, 6019, 6021, 6754, 8500, 8511, 8517,
8519, 8520, 8522, 8523, 8525, 8532, 8543, 8545,
8546, and 8571 of the Senate bill, and secs.
311, 313, 330A, 330O, 351, 354, 555, 569, 580C,
606, 896, 2808, 3501, and 3504 of the House
amendment, and modifications committed to
conference:
John Katko,
From the Committee on Veterans' Affairs, for
consideration of secs. 568, 721, 726, 727,
1083, 1431, 2812, 2813, 5702, and 6007 of the
Senate bill, and secs. 530, 530A, 545, 546,
550E, 550G, 550H, 550I, 550J, 569, 570E, 570F,
574, 624, 705, 706, 713, 715, 1093, 1126, and
1411 of the House amendment, and modifications
committed to conference:
Mark Takano,
Julia Brownley,
Steve Watkins,
Managers on the Part of the House
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Martha McSally,
Rick Scott,
Marsha Blackburn,
Josh Hawley,
Jack Reed,
Jeanne Shaheen,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Tammy Duckworth,
Doug Jones,
Managers on the Part of the Senate
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the House to the bill (S. 1790), 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, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The House amendment struck all of the Senate bill after
the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment
of the House with an amendment that is a substitute for the
Senate bill and the House amendment. The differences between
the Senate bill, the House amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
Compliance with rules of the House of Representatives and Senate
regarding earmarks and congressionally directed spending items
Pursuant to clause 9 of rule XXI of the Rules of the
House of Representatives and Rule XLIV(3) of the Standing Rules
of the Senate, neither this conference report nor the
accompanying joint statement of managers contains any
congressional earmarks, congressionally directed spending
items, limited tax benefits, or limited tariff benefits, as
defined in such rules.
Summary of discretionary authorizations and budget authority
implication
The budget request for national defense discretionary
programs within the jurisdiction of the Committees on Armed
Services of the Senate and the House of Representatives for
fiscal year 2020 was $741.9 billion. Of this amount, $642.5
billion was requested for base Department of Defense programs,
$75.9 billion was requested for overseas contingency
operations, $23.2 billion was requested for national security
programs in the Department of Energy and the Defense Nuclear
Facilities Safety Board, and $300.0 million for defense-related
activities.
The conference agreement would authorize $729.9 billion
in fiscal year 2020, including $635.0 billion for base
Department of Defense programs, $71.5 billion for overseas
contingency operations, $23.1 billion for national security
programs in the Department of Energy and the Defense Nuclear
Facilities Safety Board, and $300.0 million for defense-related
activities.
The two tables preceding the detailed program adjustments
in Division D of the accompanying joint statement of managers
summarize the discretionary authorizations in the agreement and
the equivalent budget authority levels for fiscal year 2020
defense programs.
Budgetary effects of this Act (sec. 4)
The Senate bill contained a provision (sec. 4) that would
require that the budgetary effects of this Act be determined in
accordance with the procedures established in the Statutory
Pay-As-You-Go Act of 2010 (title I of Public Law 111-139).
The House amendment contained a similar provision (sec.
1006).
The House recedes.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
Title I--Procurement
BUDGET ITEMS
Columbia-class submarine advance procurement
The budget request included $1.7 billion in line item 1
of Shipbuilding and Conversion, Navy for Columbia-class
submarine advance procurement.
The House amendment would authorize an increase of $125.0
million above the request.
The Senate bill would authorize an increase of $125.0
million above the request.
The agreement authorizes an increase of $123.0 million
above the request.
The conferees' intent in authorizing additional funds for
submarine industrial base expansion is to ensure second- and
third-tier contractors are able to meet increased production
requirements.
The conferees direct the Secretary of the Navy to notify
the congressional defense committees within 30 days of
obligating funds provided for submarine industrial base
expansion of the: obligation date, contractor name or names,
location, description of the shortfall to be addressed, actions
to be undertaken, desired end state, usable end items to be
procured, period of performance, dollar amount, projected
associated savings including business case analysis if
applicable, contract name, and contract number.
The conferees believe that expanding the capabilities of
the second- and third-tier contractors in the submarine
industrial base should lead to greater cost savings and
improved efficiency as production increases to meet the
Columbia-class schedule and higher requirement for Virginia-
class attack submarines in the Navy's latest Force Structure
Assessment.
Virginia-class submarine procurement and advance procurement
The budget request included $7.2 billion in line number 3
of Shipbuilding and Conversion, Navy (SCN) for Virginia-class
submarine procurement and $2.8 billion in line number 4 of SCN
for Virginia-class submarine advance procurement.
The House amendment would authorize a decrease of $550.0
million below the request in line number 3 of SCN and the
funding level of the request in line number 4 of SCN.
The Senate bill would authorize a decrease of $2.5
billion below the request in line number 3 of SCN and an
increase of $1.5 billion above the request in line number 4 of
SCN.
The agreement authorizes a decrease of $1.7 billion below
the request in line number 3 of SCN and an increase of $200.0
million above the request in line number 4 of SCN.
The conferees note that the budget request included a
plan to procure 11 Virginia-class attack submarines across the
future years defense program (FYDP). The conferees supported
that plan in both the House of Representatives and Senate
National Defense Authorization Acts for Fiscal Year 2020.
Unfortunately, the conferees have learned from the Navy that
the original request was not financially or technically
executable. For example, the Navy's request included procuring
one boat in each of fiscal years 2020 and 2021 without the
Virginia Payload Module (VPM). The conferees only recently
learned that shifting the configuration to a non-VPM design
would have resulted in considerable delay and disruption in
building attack submarines, and could have harmed the Columbia-
class program as well.
The conferees expect budget requests and associated
materials to be complete and accurate, with rigorous supporting
justification and analysis that demonstrates such requests are
fully executable. The conferees further expect that when the
Navy finds discrepancies, the Navy will provide timely, full,
and open disclosure of such issues. The conferees are concerned
that the Virginia-class fiscal year 2020 request lacked both
accuracy and timely reporting of discrepancies.
The Navy has recently proposed a revised acquisition
strategy with 9 Virginia-class submarines procured in fiscal
years 2019 through 2023, with options to procure additional
ships over that period. The conferees priority is to ensure the
Navy fully preserves a plan to procure 10 Virginia-class attack
submarines, nine of which include the VPM, and expects the Navy
to budget accordingly in their fiscal year 2021 budget
submission. Therefore, the conferees are providing the
necessary additional Virginia-class advance procurement (AP)
and procurement funds, including the AP funds needed to procure
two submarines in fiscal year 2021, as submitted in the fiscal
year 2020 budget as well as the 30-year shipbuilding plan.
The conferees recognize that due to recent negotiations
the required multi-year certification of a ten submarine
contract may not be possible, because it is not fully funded
across the FYDP. The conferees note that section 2306b of title
10, United States Code, allows the Secretary of Defense to
certify the contract even if all of the requirements are not
met. The conferees encourage the Secretary to consider
utilizing this authority in order to expeditiously secure a
contract for ten submarines.
The conferees regret that they presently lack sufficient
budgetary information to support an eleventh Virginia-class
submarine in the fiscal year 2019 through 2023 timeframe. The
conferees would thoroughly consider an opportunity to increase
submarine procurement in the future if it were technically and
financially executable.
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 101)
The Senate bill contained a provision (sec. 101) that
would authorize appropriations for procurement at the levels
identified in section 4101 of division D of this Act.
The House amendment contained an identical provision
(sec. 101).
The conference agreement includes this provision.
Subtitle B--Army Programs
Authority of the Secretary of the Army to waive certain limitations
related to the Distributed Common Ground System-Army Increment
1 (sec. 111)
The Senate bill contained a provision (sec. 112) that
would amend Section 113(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-38; 130
Stat. 2028) by striking ``Secretary of Defense'' and inserting
``Secretary of the Army''.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Navy Programs
Ford-class aircraft carrier cost limitation baselines (sec. 121)
The House amendment contained a provision (sec. 112) that
would repeal section 122 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The Senate bill contained a similar provision (sec. 123)
that would establish Ford-class aircraft carrier cost
limitation baselines in title 10, United States Code, and
repeal section 122 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The House recedes with an amendment that would provide
the Secretary of the Navy with the authority to adjust Ford-
class aircraft carrier cost limitation baselines if advance
notice is given to the congressional defense committees.
Modification of annual report on cost targets for certain aircraft
carriers (sec. 122)
The House amendment contained a provision (sec. 111) that
would amend section 126(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
that requires an annual report on cost reduction efforts for
CVN-79 and CVN-80.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
annual reports through fiscal year 2032.
Refueling and complex overhauls of the U.S.S. John C. Stennis and
U.S.S. Harry S. Truman (sec. 123)
The Senate bill contained a provision (sec. 128) that
would require the Secretary of the Navy to carry out the
nuclear refueling and complex overhaul of the USS John C.
Stennis (CVN-74) and USS Harry S. Truman (CVN-75). The
provision would also authorize the use of incremental funding
for a period not to exceed 6 years after advance procurement
funds for each nuclear refueling and complex overhaul effort
are first obligated.
The House amendment contained no similar provision.
The House recedes.
Ford class aircraft carrier support for F-35C aircraft (sec. 124)
The House amendment contained a provision (sec. 113) that
would require the Secretary of the Navy to ensure that the
aircraft carrier to be designated CVN-79 is capable of
deploying with the F-35 prior to accepting delivery.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
CVN-79 be capable of deploying with the F--35 prior to the
completion of the ship's post shakedown availability.
Prohibition on use of funds for reduction of aircraft carrier force
structure (sec. 125)
The House amendment contained a provision (sec. 114) that
would limit the Secretary of Defense from reducing aircraft
carrier force structure below the level required by section
5062 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of prohibition on availability of funds for Navy
waterborne security barriers (sec. 126)
The Senate bill contained a provision (sec. 121) that
would amend section 130 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
extend the prohibition on availability of funds for Navy port
waterborne security barriers through fiscal year 2020 and would
require the Secretary of the Navy to notify the congressional
defense committees if exigent circumstances, under which an
exception is granted, are deemed to exist.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
sustainment, refurbishment, and replacement to not more than 30
percent of portions of existing waterborne security barriers.
LHA Replacement Amphibious Assault Ship Program (sec. 127)
The Senate bill contained a provision (sec. 125) that
would authorize the Secretary of the Navy to enter into and
incrementally fund a contract for design and construction of
the LHA replacement ship designated LHA-9. The provision would
also repeal section 125 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364).
The House amendment contained no similar provision.
The House recedes.
Strategic sealift fleet vessel (sec. 128)
The House amendment contained a provision (sec. 118) that
would direct the Secretary of the Navy to enter into a contract
for one sealift vessel, subject to certain requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make
entering into a contract or other agreement with a private-
sector entity under which the entity would serve as the
executive agent permissive.
Design and construction of amphibious transport dock designated LPD-31
(sec. 129)
The House amendment contained a provision (sec. 115) that
would authorize the Secretary of the Navy to enter into a
contract for the amphibious transport dock ship designated LPD-
31. Additionally, the Secretary would be authorized to use
incremental funding authority to complete the construction.
The Senate bill contained a similar provision (sec. 124).
The Senate recedes.
The conferees' intent is for the Secretary of the Navy to
use the $350.0 million appropriated in Shipbuilding and
Conversion, Navy (SCN) line number 13 in fiscal year 2019 and
additional fiscal year 2020 funds in SCN line number 12 to
procure LPD-31 long-lead material and start construction as
efficiently as possible. Consistent with the budget request,
the conferees expect the Navy to request the balance of costs
for LPD-31 in fiscal year 2021.
Limitation on availability of funds for the Littoral Combat Ship (sec.
130)
The Senate bill contained provisions (sec. 126 and sec.
5126) that would prohibit funds from being used to exceed the
total procurement quantity listed in revision five of the
Littoral Combat Ship acquisition strategy unless the Under
Secretary of Defense for Acquisition and Sustainment submits to
the congressional defense committees a certification.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Limitation on the next new class of Navy large surface combatants (sec.
131)
The Senate bill contained a provision (sec. 127) that
would require 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 be incorporated prior
to Milestone B approval for the next new class of Navy large
surface combatants.
The House amendment contained no similar provision.
The House recedes with an amendment that would require a
land-based engineering site for the propulsion system.
The conferees note that over the last 10 years, the
Comptroller General of the United States has issued at least 26
reports that identified shipbuilding best practices and made 67
recommendations to help the Navy improve shipbuilding outcomes.
In a June 2018 report, the Government Accountability Office
found that the Navy, in many cases, has not taken steps based
upon these shipbuilding best practices.
In order to better understand the key aspects of ship
design necessary to provide confidence in a program's cost,
schedule, and reliability targets, the conferees direct the
Comptroller General to conduct a review of shipbuilding design
practices. This review shall include an examination of the
Navy's design practices for shipbuilding major defense
acquisition programs to assess measures of the lead ship or
lead ship of a major ship modification's design maturity and
stability sufficient to inform an understanding of the
construction costs and the effort needed to execute the design,
and any other related matters. The Comptroller General shall
provide a briefing and report to the congressional defense
committees not later than April 1, 2020 and January 1, 2021,
respectively, that describe the findings of the review.
Limitation on availability of funds pending quarterly updates on the
CH-53K King Stallion helicopter program (sec. 132)
The House amendment contained a provision (sec. 116) that
would require the Secretary of the Navy to provide quarterly
briefings to the Committee on Armed Services of the House of
Representatives on the progress of the CH-53K King Stallion
program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on availability of funds for VH-92A helicopter (sec. 133)
The House amendment contained a provision (sec. 117) that
would require the Secretary of the Navy to submit a report to
Committee on Armed Services of the House of Representatives on
the VH-92A helicopter program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on carrier wing and aviation combat element composition (sec.
134)
The Senate bill contained a provision (sec. 129) that
would direct the Secretary of the Navy to submit a report to
the congressional defense committees, no later than May 1,
2020, on the optimal composition of the carrier air wing (CVW)
in 2030 and 2040, as well as alternative force design concepts.
The provision would also require the Secretary to provide a
briefing on the report no later than March 1, 2020, to the
congressional defense committees.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Secretary of the Navy to submit a report on the optimal
composition of the CVW on aircraft carriers and aviation combat
element (ACE) embarked on amphibious ships in 2030 and 2040,
including alternative force design concepts. Of specific
concern that should be highlighted is the logistics impact
based on the aircraft carriers ability to support the specified
air wing.
Subtitle D--Air Force Programs
Modification of requirement to preserve certain C-5 aircraft (sec. 141)
The House amendment contained a provision (sec. 121) that
would amend section 141(d) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239) to
reinstate the requirement for the Secretary of the Air Force to
continue to preserve certain C-5 aircraft in a storage
condition that would allow a recall of retired aircraft to
future service in the Air Force Reserve, Air National Guard, or
Active Force structure.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
storage of C-5 aircraft until a new mobility requirement study
is accomplished.
OC-135B aircraft recapitalization program (sec. 142)
The House amendment contained a provision (sec. 130A)
that would ensure that any Request for Proposals for the
procurement of an OC-135B aircraft under the Open Skies Treaty
aircraft recapitalization program meets the requirements for
full and open competition as set forth in section 2304 of title
10, United States Code, and incorporates a full competitive
bidding process, to include both new production aircraft and
recently manufactured low-hour, low-cycle aircraft.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
full competitive bidding process, including new and recently
manufactured aircraft.
Requirement to align Air Force aviation force structure with National
Defense Strategy (sec. 143)
The Senate bill contained a provision (sec. 141) that
would require the Secretary of the Air Force to align the
fighter force structure acquisition strategy with the results
of the independent studies required by section 1064 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91) and to transmit the new strategy in a report to the
congressional defense committees no later than March 1, 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Air Force to submit a report to the
congressional defense committees, no later than March 1, 2020,
on the aviation force structure acquisition strategy that
aligns with the stated capability and capacity requirements of
the Air Force to meet the National Defense Strategy.
Additionally, the amendment would require a waiver from the
Secretary of Defense if the Secretary of the Air Force deviates
from the strategy.
Prohibition on availability of funds for reduction in KC-10 primary
mission aircraft inventory (sec. 144)
The House amendment contained a provision (sec. 124) that
would prohibit the retirement of any primary inventory KC-10
aircraft in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on availability of funds for F-15EX aircraft program (sec.
145)
The House amendment contained a provision (sec. 123) that
would require the Secretary of Defense to designate the F-15EX
program as a major subprogram and subject it to relevant
reporting requirements and criteria pertinent to a major
subprogram.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the same information pertinent to a major subprogram in the
form of a comprehensive report, which the conferees understand
would be less burdensome on the Secretary to generate instead
of formal acquisition documents that could delay execution of
the program using middle-tier rapid-acquisition authorities for
the first two procurement lots of aircraft. The amendment would
also authorize procurement of long-lead aircraft materials to
be procured for all aircraft authorized.
The conferees expect the Secretary of the Air Force to
maintain information transparency with the congressional
defense committees, and to sufficiently and promptly keep the
congressional defense committees apprised of issues
particularly associated with the planning, cost, schedule,
execution, fielding, or risk related to the F-15EX program.
Limitation on availability of funds for VC-25B aircraft (sec. 146)
The House amendment contained a provision (sec. 125) that
would prohibit the Secretary of the Air Force from obligating
or expending any funds to exercise the over-and-above clause of
the VC-25B contract until the Secretary submits a certification
to the congressional defense committees.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the notification of congressional committees if the over-and-
above clause in the VC-25B contract is used.
Limitation on availability of funds for RC-26B aircraft (sec. 147)
The House amendment contained a provision (sec. 129) that
would limit funds for the retiring of the RC-26B aircraft until
the Secretary of Air Force certifies to the congressional
defense committees that other platforms or technologies provide
equivalent capabilities to the RC-26B aircraft.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit
funds until the report regarding the efficacy of the RC-26
mission is delivered; the Secretary of the Air Force certifies
whether there are missions that the RC-26B is required to
complete; and whether there is a more cost effective way to
complete those missions should the RC-26B be divested or
retired.
Limitation on availability of funds for retirement of RC-135 aircraft
(sec. 148)
The House amendment contained a provision (sec. 126) that
would prohibit any use of funds authorized to be appropriated
in fiscal year 2020 for the Air Force to retire, or prepare to
retire, any RC-135 aircraft until 60 days after the date on
which the Secretary of Defense certifies to the congressional
defense committees that equivalent RC-135 capacity and
capability exists to meet combatant commander requirements for
indications and warning, intelligence preparation of the
operational environment, and direct support to kinetic and non-
kinetic operations.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Air Force aggressor squadron modernization (sec. 149)
The Senate bill contained a provision (sec. 144) that
would require the Secretary of the Air Force to submit a report
to the congressional defense committees on Air Force aggressor
squadron modernization.
The House amendment contained a similar provision (sec.
130) that would require the Chief of Staff of the Air Force to
submit to the congressional defense committees a plan and
report on the strategy for modernizing the organic aggressor
fleet.
The House recedes.
Air Force plan for Combat Rescue Helicopter fielding (sec. 150)
The Senate bill contained a provision (sec. 145) that
expressed the Sense of Congress that the Air National Guard
should retain additional HH-60G helicopters given the delays of
the Operational Loss Replacement program and the fielding
schedule of the Combat Rescue Helicopter program. Furthermore,
it directed a report on the fielding and training plan for the
Air National Guard.
The House amendment contained no similar provision.
The House recedes.
Report on feasibility of multiyear contract for procurement of JASSM-ER
missiles (sec. 151)
The Senate bill contained a provision (sec. 143) that
would require the Air Force to submit a report assessing the
feasibility of entering into a multi-year contract for the
procurement of the JASSM-ER. The report requires the Air Force
to examine multi-year contract scenarios, including one that is
an annual quantity of 550 missiles for five years. The
conferees note that the Air Force quantity requirement for the
JASSM-ER has recently increased and that procurement utilizing
multi-year contracts versus annual contracts could provide
significant cost savings to the Air Force.
The House amendment contained no similar provision.
The House recedes.
Report on aircraft fleet of the Civil Air Patrol (sec. 152)
The House amendment contained a provision (sec. 127) that
would require the Secretary of the Air Force to submit a report
to the congressional defense committees not later than 90 days
after the date of the enactment of this Act on the Civil Air
Patrol (CAP) that identifies and assesses the suitability of
the current CAP aircraft fleet size, types of aircraft, and
operating locations to meet mission requirements.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress on the light attack aircraft initiative of the Air
Force (sec. 153)
The House amendment contained a provision (sec. 135) that
would authorize the Commander of the U.S. Special Operations
Command (USSOCOM) to procure light attack aircraft for Combat
Air Advisor mission support if a validated special operations
unique procurement requirement exists for USSOCOM.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that expresses a
sense of the Congress on the importance of USSOCOM and the
Secretary of the Air Force fully coordinating and collaborating
on the experimental activities associated with the Air Force
light attack aircraft initiative to inform future activities
for USSOCOM and the Department of the Air Force regarding
procurement of the light attack aircraft platform.
The conferees understand USSOCOM has an operational need
and requirement for light attack aircraft for combat mission
advisor support and as such expect the Secretary of the Air
Force in coordination with the Commander of USSOCOM to consider
options to synchronize and leverage Light Attack Aircraft
experiments efforts to accelerate the procurement or
development of aircraft for supporting the Combat Air Advisor
mission requirements.
Subtitle E--Defense-Wide, Joint, and Multiservice Matters
Economic order quantity contracting and buy-to-budget acquisition for
F-35 aircraft program (sec. 161)
The House amendment contained a provision (sec. 131) that
would authorize the Secretary of Defense to procure economic
order quantities of material and equipment for the F-35
program. This section would also authorize the Secretary to
procure F-35 aircraft exceeding the quantity otherwise
authorized by this Act if procurement of additional aircraft
would not require additional funds to be authorized or
appropriated.
The Senate bill contained a similar provision (sec. 153)
that would authorize the Secretary of Defense to enter into
multiyear procurement contracts for F-35 aircraft in economic
order quantities for fiscal year 2021 (Lot 15) through fiscal
year 2023 (Lot 17).
The Senate recedes with an amendment that would remove
the requirement for the Secretary to provide the congressional
defense committees a separate business-case analysis performed
by the Office of the Director, Cost Assessment and Program
Evaluation.
The conferees also support procurement, by the Secretary
of Defense, of additional F-35A aircraft beyond the quantity of
F-35A aircraft authorized in this Bill, if such procurement of
additional aircraft would mitigate any negative cost and
schedule impacts for current F-35 program participants
resulting from the actions or decisions of foreign partners or
customers currently involved in the F-35 program.
Relief from contractors for failure to deliver ready-for-issue spare
parts for the F-35 aircraft program (sec. 162)
The House amendment contained a provision (sec. 134) that
would require the Secretary of Defense to seek compensation
from the contractor for costs related to the failure to deliver
ready-for-issue spare parts for the F-35 aircraft program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would ensure
adequate relief from the prime contractors that delivered
noncompliant ready-for-issue spare parts.
Limitation on availability of funds for reallocation of Turkish F-35A
aircraft to the United States (sec. 163)
The conferees support the removal of the Government of
Turkey from the F-35 program due to its purchase of the S-400
Russian air defense system. As such, the conferees would
support procurement by the Department of Defense of all F-35A
aircraft procured by the Government of Turkey. The conferees
also encourage the Secretary of Defense to maximize the
procurement quantity of Turkish F-35A aircraft associated with
Lots 12, 13, or 14 during fiscal year 2020 using the additional
funds authorized in section 4101 of this Act.
Additionally, given the significant impact of the
sustainment and spare parts deficit currently within the F-35
program, the conferees emphasize the importance of fully
funding spare parts, ancillary mission equipment, publications,
and technical data required to sustain F-35 aircraft.
Therefore, the conferees recommend a provision that would
require the Secretary of Defense to certify that these
necessary support equipment items will be procured prior to
taking possession of the Turkish F-35A aircraft, and that any
Turkish F-35A aircraft will be delivered to the U.S. Air Force
in a configuration that allows for integration into the
existing Air Force F-35A fleet.
Finally, the conferees direct the Secretary of the Air
Force, in consultation with the Undersecretary of Defense for
Acquisition and Sustainment and the F-35 Program Executive
Officer, to submit a report to the congressional defense
committees not later than March 1, 2020, that describes the
strategy and implementation plan associated with the necessary
funding and actions required during each phase to produce,
modernize, deliver, field, operate and sustain the Turkish F-
35A aircraft authorized to be procured by the Department of
Defense elsewhere in this Act.
Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike Fighter
Autonomic Logistics Information System (sec. 164)
The Senate bill contained a provision (sec. 142) that
would require the Secretary of Defense to establish an agile
software development activity as an alternative for the F-35
Autonomic Logistics Information System (ALIS) and would direct
the Secretary of the Defense, in coordination with the
Secretary of the Air Force, to brief the congressional defense
committees on the findings of the competitive analysis no later
than September 30, 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to conduct a competitive analysis of
the performance and design architecture enhancement efforts
between the currently fielded ALIS, ALIS-Next, and the
Department of the Air Force agile development operations
Madhatter initiative efforts, including system technology
transition opportunities and timelines.
F-35 sustainment cost (sec. 165)
The Senate bill contained a provision (sec. 152) that
would require the F-35 Joint Program Office (JPO) to provide
sustainment cost data, as part of the quarterly briefings to
the congressional defense committees as required by section 155
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
The House amendment contained no similar provision.
The House recedes with clarifying amendments associated
with the specific timeline that achievable actions will be
implemented by the F-35 program to address sustainment-related
issues and that will reduce sustainment costs at a more
expedient pace.
Reports on the progress and performance of the F-35 aircraft program
(sec. 166)
The House amendment contained a provision (sec. 132) that
would require the Secretary of Defense to designate the F-35
Block 4 and Continuous Capability Development and Delivery
(C2D2) program as a major subprogram of the F-35 program in
accordance with Title 10, United States Code, section 2430a.
The amendment would also require the Comptroller General to
submit annually to the congressional defense committees a
report on various aspects of the F-35 Block 4 and C2D2 program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the requirement to designate the F-35 Block 4 and C2D2 program
as a major subprogram, but require the Secretary of Defense to
submit annually to the congressional defense committees an
integrated master schedule and past performance assessment for
each planned phase of Block 4 and C2D2 upgrades.
The conferees expect the Secretary of Defense to keep the
congressional defense committees fully and promptly informed on
the planning, cost, schedule, execution, fielding, and
programmatic risk associated with the Block 4 and C2D2 program.
Other reports on F-35 aircraft program (sec. 167)
The House amendment contained a provision (sec. 133) that
would require the Secretary of Defense to provide reports to
the congressional defense committees on F-35 reliability and
maintainability metrics, Block 4 capability development and
fielding activities, and modernization and upgrade plans for
the F-35 Autonomic Logistics Information System (ALIS).
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment that would
modify the information provided by the Undersecretary of
Defense for Research and Engineering, and by the Director,
Operational Test and Evaluation for the F-35 Block 4 Upgrade
and Continuous Capability Development and Delivery program.
Limitation on availability of funds for communications systems lacking
certain resiliency features (sec. 168)
The Senate bill contained a provision (sec. 151, as
amended by sec. 5151) that would prohibit funding of any
current or future Department of Defense (DOD) communications
programs of record that do not meet certain resiliency
requirements.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Repeal of tactical unmanned vehicle common data link requirement (sec.
169)
The Senate bill contained a provision (sec. 154) that
would strike section 141 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees understand that Department of Defense
policy will continue to prioritize commonality, open
architecture, and non-proprietary systems for current and
emerging platform, sensor, and weapons requirements. Repeal of
this provision should not be construed as tacit permission to
procure proprietary, unique data links for intelligence,
surveillance, and reconnaissance (ISR) systems. The conferees
expect the Under Secretary of Defense for Acquisition and
Sustainment to update the DoD CDL policy dated May 3, 2018, as
necessary to emphasize that program priorities, such as the
congressionally-mandated migration off the common data link-To
Be Sunset (TBS) waveforms, will proceed as previously planned.
Further, the conferees expect a detailed accounting from USD
A&S on plans to address data link requirements for emerging ISR
systems and concepts.
LEGISLATIVE PROVISIONS NOT ADOPTED
Sense of Senate on Army's approach to capability drops 1 and 2 of the
Distributed Common Ground System-Army program
The Senate bill contained a provision (sec. 111) that
expressed the Sense of the Senate on the Army's approach to
Capability Drops 1 and 2 of the Distributed Common Ground
System-Army program.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the significant progress that the Army
has made in deploying the Distributed Common Ground System-
Army. The transition to using capability drops and the
increased use of readily available technology integration have
improved program outcomes and accelerated deployment timelines.
The conferees encourage program managers in other
military services and agencies of the Department of Defense to
review the Army's approach to determine whether that approach
would improve outcomes for their own Distributed Common Ground
System programs in accordance with the requirements of 10
U.S.C. 2377.
Report on plans to support and maintain aircraft at Marine Corps air
stations
The House amendment contained a provision (sec. 119) that
would require the Secretary of the Navy to submit a report on
the plans to support and maintain aircraft assigned to Marine
Corps air stations that are transitioning from F-18 Hornet
aircraft to the F-35 Lightning aircraft.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Navy to submit
a report to the congressional defense committees, not later
than 90 days after enactment of this Act, which details the
plans to support and maintain the F-35 aircraft at Marine Corps
air stations. The report shall include the number and
composition of squadrons assigned to each air station, the
required support and maintenance workforce including uniformed
military, civilian, and contract personnel needed at each
location, and the required construction and support facilities
associated with F-35 stationing at each air station.
Capabilities based assessment for naval vessels that carry fixed-wing
aircraft
The Senate bill contained a provision (sec. 122) that
would require a capabilities based assessment for naval vessels
that carry fixed-wing aircraft.
The House amendment contained no similar provision.
The Senate recedes.
Modification of limitation on use of funds for KC-46A aircraft
The House amendment contained a provision (sec. 122) that
would amend section 146 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), to
limit the use of funds for KC-46A aircraft pending submittal of
certification, to include a military flight release.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for RC-135 aircraft mission training systems
The House amendment contained a provision (sec. 128) that
would increase funding for the RC-135 aircraft mission training
systems by $200.0 million.
The Senate bill contained no similar provision.
The House recedes.
The outcome is reflected in section 4103 of the Act.
Title II--Research, Development, Test, and Evaluation
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 201)
The Senate bill contained a provision (sec. 201) that
would authorize appropriations for research, development, test,
and evaluation at the levels identified in section 4201 of
division D of this Act.
The House amendment contained an identical provision
(sec. 201).
The conference agreement includes this provision.
Subtitle B--Program Requirements, Restrictions, and Limitations
Program on enhancement of preparation of dependents of members of Armed
Forces for careers in science, technology, engineering, and
mathematics (sec. 211)
The House amendment contained a provision (sec. 211) that
would make section 233 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291) permanent.
The Senate bill contained no similar provision.
The Senate recedes.
Updates to the Department of Defense personnel management authority to
attract experts in science and engineering (sec. 212)
The House amendment contained a provision (sec. 212) that
would provide personnel management authorities through December
31, 2024, to the Director of the Joint Artificial Intelligence
Center to facilitate the recruitment of eminent experts in
science or engineering.
The Senate bill contained no similar provision.
The Senate recedes with a technical/clarifying amendment.
Establishment of joint reserve detachment of the Defense Innovation
Unit (sec. 213)
The House amendment contained a provision (sec. 878F)
that would require the Secretary of Defense, in consultation
with the Secretaries of the military departments, to establish
not fewer than three joint reserve detachments at the Defense
Innovation Unit.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense, in consultation with the Secretaries of
the military departments, to establish joint reserve
detachments at Defense Innovation Unit locations. The provision
would also stipulate that assignment to a joint reserve
detachment shall not qualify as a joint duty assignment.
The conferees encourage the Secretary of Defense to
establish joint reserve detachments at Defense Innovation Unit
locations and leverage the expertise, analysis, and
alternatives for innovation that members of the reserve can
provide, while simultaneously creating opportunities for
greater engagement and collaboration between the defense
innovation ecosystem, industry, and academia. The conferees
also encourage the Secretaries of the military departments to
provide additional opportunities for members of the reserve to
serve in joint reserve detachments at the Defense Innovation
Unit in order to utilize their relevant private sector
experience to advance the technology requirements of the
Department of Defense.
Research and educational programs and activities for Historically Black
Colleges and Universities and Minority-Serving Institutions of
Higher Education (sec. 214)
The House amendment contained a provision (sec. 871) that
would amend chapter 141 of title 10, United States Code, to
require the Department of Defense to ensure that the system
used by the Federal Government to monitor or record contractor
past performance for a grant or contract awarded to an
institution of higher education includes incentives for the
award of a sub-grant or subcontract to minority institutions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 2362 of title 10, United States Code, to allow the
Secretary of Defense to establish incentives to encourage
higher education institutions to collaborate with minority
institutions in support of defense-related research and
education.
The conferees note that another provision in this bill
directs the Secretary of Defense to commission an independent
study of defense research at historically black colleges and
universities and other minority institutions, which will
include recommendations on the development of incentives to
encourage research and educational collaborations.
Modification of authority for prizes for advanced technology
achievements (sec. 215)
The Senate bill contained a provision (sec. 239) that
would authorize the office of the Under Secretary of Defense
for Acquisition and Sustainment to award prizes as part of
competitions to develop or demonstrate technologies relevant to
defense missions.
The House amendment contained no similar provision.
The House recedes.
The conferees note the Defense Advanced Research Projects
Agency's and the Services' successful use of these types of
prize competitions, which have spurred the advancement of
robotics, driverless cars, and cybersecurity technologies.
Joint hypersonics transition office (sec. 216)
The House amendment contained a provision (sec. 213) that
would amend section 218 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) by
directing the Department of Defense to establish a coordinating
office that standardizes the technical priorities across the
Department and provides discretionary authorization of funding
of new technologies for expeditious transition to the service
weapons systems.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification of proof of concept commercialization program (sec. 217)
The Senate bill contained a provision (sec. 216) that
would make the commercialization pilot program authorized in
section 1603 of the National Defense Authorization Act for
Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 2359 note)
permanent.
The House amendment contained a similar provision (sec.
214).
The Senate recedes.
Modification of authority and addition of technology areas for
expedited access to technical talent (sec. 218)
The Senate bill contained a provision (sec. 235) that
would add rapid prototyping and infrastructure resilience to
the technical areas eligible for the rapid contracting
processes authorized under section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The House amendment contained no similar provision.
The House recedes with an amendment that would amend the
same section of law to require the Secretary of Defense to
direct the Secretaries of the military departments to establish
not fewer than three multi-institution task order contracts,
consortia, cooperative agreements, or other arrangements to
facilitate expedited access to university technical expertise,
including faculty, staff, and students, within 180 days of the
enactment of this Act. The amendment would also add hypersonics
to the technical areas eligible for the rapid contracting
process.
Expansion of coordination in support of national security innovation
and entrepreneurial education (sec. 219)
The House amendment contained a provision (sec. 249) that
would require the Under Secretary of Defense for Research and
Engineering, in consultation with the Director of the Advanced
Manufacturing Office of the Department of Energy, to conduct a
study on the feasibility and potential benefits of establishing
a lab-embedded entrepreneurial fellowship program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
Department of Energy's lab-embedded entrepreneurship programs
to the list of national security innovation and entrepreneurial
education programs that the Secretary of Defense may support.
Modification of defense quantum information science and technology
research and development program (sec. 220)
The Senate bill contained a provision (sec. 217) that
would amend section 234 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) by
specifying a list of organizations to be consulted in
developing the research and investment plan required in that
section and by requiring the Department of Defense to develop,
in coordination with appropriate Federal entities, a taxonomy
for quantum science activities and requirements for relevant
technology and standards.
The House amendment contained a similar provision (sec.
230B).
The House recedes with an amendment that would: (1) Add a
list of organizations to be consulted with; (2) Require the
development of a taxonomy of quantum science activities; (3)
Add a section on quantum science research centers; and (4) Add
elements to the reporting requirement.
Understanding of investments in artificial intelligence and development
of capabilities by adversaries (sec. 221)
The Senate bill contained a provision (sec. 5203) that
would amend section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
require the official designated to coordinate the Department of
Defense's artificial intelligence activities to examine
relevant open source publications germane to artificial
intelligence research and development. The provision would also
require the Secretary of Defense to provide to the
congressional defense committees an analysis on the comparative
capabilities of the United States and China in artificial
intelligence.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
analysis from the provision.
The conferees direct the Secretary of Defense to provide
to the congressional defense committees an analysis and
briefing of comparative capabilities of China in artificial
intelligence by March 1, 2020. The analysis and briefing shall
consist of a comprehensive and national-level: (1) Comparison
of public and private investment differentiated by sector and
industry; (2) Review of current trends in ability to set and
determine global standards and norms for artificial
intelligence technology in national security, including efforts
in international standard setting bodies; (3) Assessment of
access to artificial intelligence technology in national
security; and (4) Assessment of areas and activities in which
the United States should invest in order to provide the United
States with technical superiority over China in relevant areas
of artificial intelligence. The analysis and briefing should
also include: (1) A comprehensive assessment of the relative
technical quality of activities in the United States and China;
(2) A comprehensive assessment of the likelihood that
developments in artificial intelligence will successfully
transition into military systems of China; (3) Predicted
effects on United States national security if current trends in
China and the United States continue; (4) Predicted effects of
current trends in the digital and technology export
relationships of both countries with existing and new trading
partners; and (5) An assessment of the relationships that are
critical and in need of development in the private and public
sectors to ensure that investment in artificial intelligence
keeps pace with that of global investment.
Advisory role of JASON scientific advisory group (sec. 222)
The House amendment contained a provision (sec. 215) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, to
seek to enter into a contract to support the JASON scientific
advisory group.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the requirement for the Department of Defense's arrangement
with the JASON scientific advisory group to conduct national
security studies and analyses. The conferees expect the
arrangement or contract to be structured to allow for the
efficient management of multiple national security research
studies under one agreement with the Department and to be
available for use by other Federal agencies, similar to
previous contracts for JASON research studies.
Direct Air Capture and Blue Carbon Removal Technology Program (sec.
223)
The Senate bill contained a provision (sec. 219) that
would require the Secretary of Defense, in coordination with
the Secretary of Homeland Security, the Secretary of Energy,
and the heads of other Federal agencies as deemed appropriate
by the Secretary of Defense, to carry out a program on the
research, development, testing, evaluation, study, and
demonstration of technologies related to blue carbon capture
and direct air capture.
The House amendment contained a similar provision (sec.
217).
The House recedes with a technical amendment.
Requiring defense microelectronics products and services meet trusted
supply chain and operational security standards (sec. 224)
The Senate bill contained a provision (sec. 233) that
would require the Secretary of Defense to establish, by January
1, 2021, supply chain and operational security standards and
requirements for microelectronics and require the Department of
Defense to purchase microelectronics and related services to
the maximum practicable extent from providers that meet these
standards.
The House amendment contained a similar provision (sec.
230C).
The House recedes with an amendment that would: (1)
Modify the required purchase implementation date; (2) Clarify
the purchase requirement definition and specification; (3)
Refine the applicability statement; (4) Clarify that suppliers
should maintain the ability to sell commercially; and (5)
Clarify that the standards be comprised of best practices.
The conferees intend that by incorporating and
standardizing best practices the Department will improve its
acquisition of securely manufactured, commercially-available
products and ensure that a growing industrial base is more
resilient to a variety of risks in the supply chain. Relevant
best practices include those relating to: manufacturing
location; company ownership; workforce composition and access
during manufacturing; suppliers' design, sourcing,
manufacturing, packaging, and distribution processes; and
reliability of the supply chain. Rather than MIL-SPEC style
standards that would inhibit the Department's flexibility, the
standardization of best practices is intended to strike a
balance between security and the cost-effectiveness of
commercial solutions.
Development and acquisition strategy to procure secure, low probability
of detection data link network capability (sec. 225)
The Senate bill contained a provision (sec. 211, as
amended by sec. 5211) that would require the Chief of Staff of
the Air Force (CSAF) and Chief of Naval Operations (CNO) to
develop a joint development and acquisition strategy to procure
a resilient, low latency, and low probability of detection data
link network capability that would enable effective operation
in the contested environments highlighted in the National
Defense Strategy.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment that
includes the Chief of Staff of the Army as part of the
requirement.
The conferees are concerned about an absence of
coordinated effort by the Department and the military services
on resilient, anti-jam, low probability of intercept/low
probability of detection (LPI/LPD) communications. The
conferees note that Congress previously directed a similar
strategy on LPI/LPD data links in the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91). The
Department's response was incomplete and inadequate,
recommending no change to current Department policy that
designates the F-35's Multifunction Advanced Data Link (MADL)
as the solution for 5th to 4th generation air platform
networked communications. Both the Navy and Air Force
acknowledge that the aircraft modifications needed to install
MADL are unaffordable at scale. A January 2019 memorandum
signed by all three service secretaries commits the military
services to common data standards to ensure interoperability
across the joint force. While this is a positive step, the
conferees believe progress on the specific LPI/LPD
communications issue requires additional leadership and
attention from both the Department and the military services.
The conferees expect a more comprehensive and executable
response to this legislative provision and subsequent
investment in the Fiscal Year 2021 budget submission.
Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and base
infrastructure (sec. 226)
The Senate bill contained a provision (sec. 212) that
would require the Secretary of Defense to establish a secure
fifth generation (5G) wireless network at the Nevada Test and
Training Range as part of the Department of Defense (DOD) test
infrastructure in order to provide an advanced cellular range
for the Department.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Administration of manufacturing innovation institutes funded by the
Department of Defense (sec. 227)
The Senate bill contained a provision (sec. 5206) that
would direct the Secretary of Defense to make changes to the
administration of centers for manufacturing innovation funded
by the Department of Defense and coordinate with other
activities.
The House amendment contained no similar provision.
The House recedes with technical amendments.
Research program on foreign malign influence operations (sec. 228)
The House amendment contained a provision (sec. 218) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
carry out a research program on foreign malign influence
operations as part of the university and other basic research
programs of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense, acting through the Under Secretary of
Defense for Research and Engineering, to carry out a research
program on foreign malign influence operations as part of the
university research programs of the Department of Defense.
Further, the provision would require the Secretary to submit to
the congressional defense committees a notification not less
than 30 days prior to initiating such a program.
Diversification of the research and engineering workforce of the
Department of Defense (sec. 229)
The House amendment contained a provision (sec. 222) that
would require the Secretary of Defense: (1) To assess critical
skillsets required in the Department of Defense's science,
technology, research, and engineering workforce to support
emerging and future warfighter technologies, including an
analysis of the recruitment, retention, and representation of
minorities and women in the current workforce and geographic
diversity; and (2) To develop and implement a plan to diversify
and strengthen the Department's science, technology, research,
and engineering workforce using existing programs and
authorities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Include support from the Under Secretary of Personnel and
Readiness for the assessment; (2) Specify the scope of the
assessment as the research and engineering workforce of the
Department of Defense; (3) Modify the elements required in the
assessment; and (4) Require consultation with the Secretaries
of the military departments in the development of the plan.
Policy on the talent management of digital expertise and software
professionals (sec. 230)
The House amendment contained a provision (sec. 223) that
would create a Chief Digital Engineering Recruitment and
Management Officer at the Department of Defense responsible for
promoting and maintaining digital expertise and software
development as core competencies for civilian and military
employees at the Department of Defense.
The Senate bill contained a similar provision (sec. 517).
The Senate recedes with an amendment that would authorize
the Secretary of Defense to appoint a Chief Digital Engineering
Recruitment and Management Officer. The amendment would also
require an implementation plan describing how the Department of
Defense will execute its policy to promote and maintain digital
expertise and software development as core competencies of the
civilian and military workforce.
The conferees encourage the Secretary of Defense to
include in the implementation plan required by this section the
following: (1) An assessment of progress made in recruiting an
individual to serve as the Chief Digital Engineering
Recruitment and Management Officer; (2) A timeline for
implementation of the policy required by this section; and (3)
Recommendations for any legislative or administrative action
needed to meet the requirements of this section.
Digital engineering capability to automate testing and evaluation (sec.
231)
The House amendment contained a provision (sec. 224) that
would direct the Under Secretary of Defense for Research and
Engineering and the Director of Operational Test and Evaluation
to establish a digital engineering capability to serve as the
foundation for automated approaches to software testing and
evaluation and to establish a pilot to demonstrate whether such
testing could satisfy developmental and operational test
requirements; that would direct associated changes to policies
and guidance for both efforts; and that would require an
initial report regarding these activities to be submitted to
the congressional defense committees not later than 90 days
after enactment.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would further
elaborate the governance process and that would further define
the scope of the demonstration and selection of programs to
participate, as well as clarifying amendments to the roles and
responsibilities of officials and organizations and technical
amendments to the reporting requirements.
The conferees believe that establishing a digital
engineering capability is critical to accelerating the adoption
of best practices in the use of software to model and simulate
complex system behavior to assess potential effects of proposed
hardware or software engineering changes on system performance.
Further, the conferees note the significant potential value of
digital engineering capability for automating developmental and
operational test and evaluation, and especially where a weapon
or business system is software-defined and is developed using
agile or secure continuous development/continuous delivery
methods.
Process to align policy formulation and emerging technology development
(sec. 232)
The House amendment contained a provision (sec. 225) that
would require the Secretary of Defense to establish a process,
not later than 180 days after the date of the enactment of this
Act, 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.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would: (1)
Modify the elements required for the process; (2) Modify the
required report to a briefing; and (3) Modify definitions.
Improvement of the Strategic Capabilities Office of the Department of
Defense (sec. 233)
The House amendment contained a provision (sec. 226) that
would limit the ability of the Secretary of Defense to transfer
the functions of the Strategic Capabilities Office (SCO) to
another organization or element of the Department unless
certain conditions are met.
The Senate bill contained a similar provision (sec. 905)
that would prohibit any reorganization to the Department of
Defense (DOD) that would impact SCO until the Chief Management
Officer provides to the congressional defense committees a
report assessing the impacts of such an organizational change.
The Senate recedes with a clarifying amendment.
Pilot program on enhanced civics education (sec. 234)
The House amendment contained a provision (sec. 238) that
would require that the Secretary of Defense carryout a program
under which the Secretary makes grants to eligible entities, on
a competitive basis, to support the development and evaluation
of civics education programs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to carry out a pilot program to
provide enhanced educational support and funding to Department
of Defense Education Activity schools and schools with a Junior
Reserve Officers' Training Corps unit for the improvement of
civics education programs.
Technology and national security fellowship (sec. 235)
The Senate bill contained a provision (sec. 218) that
would require the Secretary of Defense to establish a
technology and national security fellowship for individuals who
possess an undergraduate or graduate degree that focuses on
science, technology, engineering, or mathematics coursework.
The House amendment contained a provision (sec. 239) that
would authorize the establishment of a similar fellowship.
The House recedes with an amendment that would: (1) Add
individuals with an associate's degree; (2) Include an
experience requirement for fellows who will be assigned to a
congressional office; (3) Modify the entities specified for
coordination; and (4) Give the Department of Defense discretion
in establishing the fellowship program.
Documentation relating to the Advanced Battle Management System (sec.
236)
The House amendment contained a provision (sec. 220) that
would require the Secretary of the Air Force to provide program
documentation for the Advanced Battle Management System (ABMS)
family of systems.
The Senate bill contained a similar provision (sec. 215)
that would express the sense of the Senate on the Air Force's
approach to the ABMS.
The Senate recedes with an amendment that would require
the Secretary of the Air Force to provide a report on the ABMS
family of systems that includes a list of activities, programs,
and projects related to ABMS, the final analysis of
alternatives for ABMS, and an analysis of the requirements and
development schedule for the networked architecture necessary
for multidomain command and control and battle management as
part of the ABMS family of systems.
The conferees understand this concept, the Advanced
Battle Management System family of systems, envisions several
existing airborne and ground intelligence, surveillance, and
reconnaissance (ISR) and command and control systems connected
by resilient, protected communications and data links. Given
the intended capability of ABMS, the conferees believes the Air
Force should consider prototyping and demonstrating the utility
of artificial intelligence and automated sensor fusion as part
of the ABMS concept.
Sensor data integration for fifth generation aircraft (sec. 237)
The House amendment contained a provision (sec. 219) that
would require the Secretary of Defense to ensure fifth
generation aircraft such as the F-35, F-22, and B-21 can share
and disseminate data collected by on-board sensors with other
joint service users and platforms.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress on future vertical lift technologies (sec. 238)
The House amendment contained a provision (sec. 230A)
that expressed the Sense of Congress that the Army should
continue to invest in research, development, test, and
evaluation programs to mature future vertical lift
technologies.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program, and
Operational Energy Capability Improvement (sec. 239)
The Senate bill contained a provision (sec. 240) that
would require the Secretary of Defense to expend specific
amounts appropriated for fiscal year 2020 for the Strategic
Environmental Research Program, Operational Energy Capability
Improvement Fund, and Security Technical Certification Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
use of funds for fiscal year 2020 and clarify that the account
be executed through the Under Secretary of Defense for
Acquisition and Sustainment.
Limitation and report on Indirect Fire Protection Capability Increment
2 capability (sec. 240)
The Senate bill contained a provision (sec. 213, as
amended by sec. 5213) that would prohibit the obligation or
expenditure of any funds for fiscal year 2020 for the Army's
Indirect Fire Protection Capability Increment 2 (IFPC Inc 2)
enduring capability program until the Secretary of the Army
submits a report to the congressional defense committees
addressing several issues related to the program. The provision
would also require the Secretary of the Army to identify a
program of record in the President's budget request for fiscal
year 2021 that addresses the Army's responsibility to provide
the capability to defend against supersonic cruise missiles.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
obligation or expenditure of not more than 50 percent of funds
for the IFPC Inc 2 program, including both enduring and interim
capability, subject to submission of the report, including an
assessment of the results of the performance, test, evaluation,
integration, and interoperability of the first two batteries
procured for the interim capability. The amendment would also
require that the Secretary of Defense 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, including against each class of cruise
missile.
Subtitle C--Plans, Reports, and Other Matters
Master plan for implementation of authorities relating to science and
technology reinvention laboratories (sec. 251)
The House amendment contained a provision (sec. 231) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
provide a master plan to the congressional defense committees
by October 30, 2020, as to how the Department of Defense will
use its current authorities and responsibilities established in
previous National Defense Authorization Acts to modernize the
workforce and capabilities of its science and technology
reinvention laboratories.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Require the Secretary of Defense and each of the Secretaries of
the military departments to develop the master plan; (2) Modify
the elements required in the plan; and (3) Modify the reporting
requirements.
Infrastructure to support research, development, test, and evaluation
missions (sec. 252)
The House amendment contained a provision (sec. 232) that
would require the Secretary of Defense, in consultation with
the Secretaries of the military departments, to develop and
implement a master plan that addresses the research,
development, test, and evaluation infrastructure and
modernization requirements of the Department of Defense, to
include the science and technology reinvention laboratories and
the Major Range and Test Facility Bases.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Require consultation with the Secretaries of the military
departments; (2) Modify the elements of the plan; and (3)
Require prioritization of unfunded requirements for laboratory
military construction projects.
Energetics plan (sec. 253)
The Senate bill contained a provision (sec. 5201) that
would require the Under Secretary of Defense for Research and
Engineering to develop an energetics research and development
plan to ensure a long-term, multi-domain research, development,
prototyping, and experimentation effort.
The House amendment contained no similar provision.
The House recedes.
Strategy and implementation plan for fifth generation information and
communications technologies (sec. 254)
The Senate bill contained a provision (sec. 236) that
would express the sense of the Senate on the importance of
secure fifth-generation (5G) wireless networks for the
Department of Defense and would require the Secretary of
Defense to provide quarterly briefings to the congressional
defense committees on Department of Defense activities to
develop and utilize secure 5G wireless networking technology.
The House amendment contained a provision (sec. 233) that
would require the Secretary of Defense to develop and implement
a strategy for 5G information and communications technologies
not later than 270 days after the date of the enactment of this
Act and to provide a briefing to the congressional defense
committees not later than 180 days after the date of the
enactment of this Act on the progress made in developing the
strategy.
The Senate recedes with an amendment that would: (1)
Modify elements of the required strategy; and (2) Add periodic
briefings on the development and implementation of the
strategy.
Department-wide software science and technology strategy (sec. 255)
The House amendment contained a provision (sec. 234) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, to
designate a senior official or existing entity within the
Department of Defense with the principal responsibility for
guiding the direction of research and development for next
generation software and software intensive systems for the
Department. This provision would also require that the
designated senior official or entity develop a strategy for
research and development of the next generation software and
software intensive systems and submit the strategy to the
congressional defense committees not later than 1 year after
the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
the scope of the activities assigned under a senior official
and associated scope of the strategy, to include foundational
research, technical workforce and infrastructure, software
acquisition, and software dependent missions; and further an
amendment that would expand the strategy to incorporate
activities in certain organizations to include universities,
federally funded research and development centers and other
entities.
Artificial intelligence education strategy (sec. 256)
The House amendment contained a provision (sec. 235) that
would require the Secretary of Defense to develop a strategy
which identifies the key aspects, applications, and challenges
associated with artificial intelligence that can be developed
into an educational curriculum for military servicemembers who
utilize the technology in the execution of their
responsibilities. This provision would also require the
development of an implementation plan for the educational
curriculum and would mandate that the Department of Defense
provide the Artificial Intelligence (AI) Education Strategy and
the associated implementation plan to the congressional defense
committees not later than 270 days after the date of the
enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop a strategy and
implementation plan for educating servicemembers in relevant
occupational fields on matters relating to artificial
intelligence.
The conferees note that the implementation plan required
by this provision should identify the following, as applicable:
(1) The military occupational specialties that are most likely
to involve interaction with AI technology; (2) The specific
occupational specialties that will receive training in
accordance with the planned curriculum; (3) The planned
duration of AI training; (4) The context in which the training
will be provided; (5) Metrics for evaluating the effectiveness
of the training and curriculum; and (6) Any other issues the
Secretary of Defense determines to be relevant.
Cyber science and technology activities roadmap and reports (sec. 257)
The Senate bill contained a provision (sec. 232) that
would require the Under Secretary of Defense for Research and
Engineering to develop a roadmap for the science and technology
activities of the Department of Defense in support of the
Department's cyber needs and missions.
The House amendment contained no similar provision.
The House recedes with an amendment that would add the
rest of the Federal government to the list of entities to be
consulted.
Report on B-52 commercial engine replacement program (sec. 258)
The House amendment contained a provision (sec. 221) that
would limit funds for the B-52 commercial engine replacement
program until the Secretary of the Air Force submits a
capability development document and a signed test and
evaluation master plan.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Commercial edge computing technologies and best practices for
Department of Defense warfighting systems (sec. 259)
The Senate bill contained a provision (sec. 5207) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to report to the congressional defense
committees on commercial edge computing technologies and best
practices for Department of Defense warfighting systems.
The House amendment contained no similar provision.
The House recedes.
Biannual report on the Joint Artificial Intelligence Center (sec. 260)
The House amendment contained a provision (sec. 236) that
would require the Secretary of Defense to submit biannually a
report on the Joint Artificial Intelligence Center and its
efforts to harmonize the Department's work on artificial
intelligence issues.
The House amendment contained another provision (sec.
1078) that would require the Secretary of Defense, in
consultation with head of the Joint Artificial Intelligence
Center, to submit to the appropriate congressional committees a
report on the artificial intelligence strategy of the
Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would combine
the reports into a single report and modify the required
elements therein.
Quarterly updates on the Optionally Manned Fighting Vehicle program
(sec. 261)
The House amendment contained a provision (sec. 237) that
would require the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology in consultation with the
Commander of the Army Futures Command to provide quarterly
reports to the Committee on Armed Services of the House of
Representatives on the progress of the Optionally Manned
Fighting Vehicle program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
National Study on Defense Research at Historically Black Colleges and
Universities and Other Minority Institutions (sec. 262)
The House amendment contained a provision (sec. 240) that
would establish an independent Federal commission to advance
the research capability of Historically Black Colleges and
Universities and other Minority Institutions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the provision to require the Secretary of Defense to commission
an independent National Academies of Sciences, Engineering, and
Medicine study to review the state of defense research at
covered institutions. The provision would also require the
Department of Defense to develop an implementation plan in
response to the recommendations of the study.
Study on national security emerging biotechnologies for the Department
of Defense (sec. 263)
The Senate bill contained a provision (sec. 231) that
would require the Secretary of Defense to develop a coordinated
research program in emerging biotechnologies.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
provision into a requirement for the Secretary of Defense to
direct the Defense Science Board to study the national security
aspects of emerging biotechnologies. The provision would also
require a briefing on emerging biotechnology-based threats.
Independent study on optimizing resources allocated to Combating
Terrorism Technical Support Office (sec. 264)
The Senate bill contained a provision (sec.237) that
would require, not later than March 1, 2020, the transfer of
responsibilities for the authority, direction, and control of
the Combating Terrorism Technical Support Office (CTTSO) from
the Assistant Secretary of Defense for Special Operations and
Low-Intensity Conflict to the Under Secretary of Defense for
Research and Engineering.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to seek to enter into a contract with
a federally funded research and development center to conduct a
study on the optimal use of resources allocated to the CTTSO.
Independent assessment of electronic warfare plans and programs (sec.
265)
The House amendment contained a provision (sec. 216) that
would require the Secretary of Defense to seek to engage the
members of the private scientific advisory group known as JASON
as advisory personnel to provide advice, on an ongoing basis,
on matters involving science, technology, and national
security.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to engage the scientific advisory
group known as JASON in order to carry out an independent
assessment of electronic warfare plans and programs.
Technical correction to Global Research Watch Program (sec. 266)
The Senate bill contained a provision (sec. 234) that
would make a technical correction to section 2365 of title 10,
United States Code, related to the Global Research Watch
Program.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Electromagnetic spectrum sharing research and development program
The Senate bill contained a provision (sec. 214) that
would require the Secretary of Defense, in consultation with
the Administrator of the National Telecommunications and
Information Administration and the Federal Communications
Commission, to establish an electromagnetic spectrum sharing
research and development program for fifth-generation wireless
network technologies, Federal systems, and non-Federal
incumbent systems that would focus on expanding sharing of
electromagnetic spectrum.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on the importance of continued coordination of
studies and analysis research of the Department of Defense
The House amendment contained a provision (sec. 227) that
would express the sense of Congress on the importance of the
continued coordination of studies and analysis research of the
Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the responsibilities of the Under
Secretary of Defense for Research and Engineering in
supervising all defense research and engineering, technology
development, transition, prototyping, experimentation, and
development testing activities, including unifying these
efforts across the Department and the Services. The conferees
understand the importance of coordinating these activities to
prevent duplication of effort while also preserving the
service-specific applications of research and engineering
activities.
Musculoskeletal injury prevention research
The House amendment contained a provision (sec. 229) that
would require the Secretary of Defense to conduct a
musculoskeletal research program to identify risk factors for
musculoskeletal injuries among servicemembers.
The Senate bill contained no similar provision.
The House recedes.
STEM jobs action plan
The House amendment contained a provision (sec. 230) that
would require the Secretary of Defense to develop a plan of
action to ensure the Department of Defense has access to
personnel with necessary qualifications and experience in
science, technology, engineering, and mathematics.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that jobs in science, technology,
engineering, and math (STEM) make up a significant portion of
the workforce of the Department of Defense. These jobs exist
with the organic industrial base, research, development, and
engineering centers, life-cycle management commands, and
logistics centers of the Department. The conferees urge the
Secretary of Defense to take decisive action to replace STEM
personnel as they retire to ensure that the military does not
suffer a skills and knowledge gap.
Briefing on cooperative defense technology programs and risks of
technology transfer to China or Russia
The Senate bill contained a provision (sec. 238) that
would require a briefing relates to cooperative defense
technology programs the risks of technology transfer.
The House amendment contained no similar provision.
The Senate recedes.
Not later than March 1, 2020, the conferees direct the
Secretary of Defense, in consultation with the Director of
National Intelligence, to provide the congressional defense
committees a briefing, and documents as appropriate, on current
cooperative defense technology programs of the Department of
Defense with any country the Secretary assess to be engaged in
significant defense or other advanced technology cooperation
with the People's Republic of China or the Russian Federation.
The briefing shall address: whether any current cooperative
defense technology programs of the Department of Defense
increase the risk of technology transfer to the People's
Republic of China or the Russian Federation; what actions the
Department of Defense has taken to mitigate the risk of
technology transfer to the People's Republic of China or the
Russian Federation with respect to current cooperative defense
technology programs; and such recommendations as the Secretary
may have for legislative or administrative action to prevent
technology transfer to the People's Republic of China or the
Russian Federation with respect to current or prospective
cooperative defense technology programs, especially as it
relates to capabilities the Secretary assesses to be critical
to maintain or restore the comparative military advantage of
the United States.
Increase in funding for basic operational medical research science
The House amendment contained a provision (sec. 241) that
would authorize an increase in funding for basic operational
medical research in the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Funding for the Sea-Launched Cruise Missile-Nuclear analysis of
alternatives
The Senate bill contained a provision (sec. 241) that
would increase the amount authorized for the nuclear sea-
launched cruise missile analysis of alternatives by $5.0
million, and would establish a program of record for this
system.
The House amendment contained no similar provision.
The Senate recedes.
Increase in funding for university research initiatives
The House amendment contained a provision (sec. 242) that
would increase the funding table authorization for research,
development, test, and evaluation, Army, basic research,
university research initiatives, line 003 (PE 0601103A), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command management/operational headquarters,
line 080, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Review and assessment pertaining to transition of Department of
Defense-originated dual-use technology
The Senate bill contained a provision (sec. 242) that
would require the Under Secretary of Defense for Research and
Engineering to assess the Department of Defense (DOD) science
and technology enterprise's policies and programs regarding
intellectual property and commercialization and the potential
for alternative contracting policies and strategies to
facilitate innovation.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering to enter into an arrangement with a
university business school or law school with resident
economics and intellectual property expertise to conduct an
independent assessment of the Defense Advanced Research
Projects Agency's and defense laboratories' contracting and
intellectual property management policies and their effects on
the commercialization of and innovation in dual-use technology.
The assessment shall evaluate: (1) Whether current DOD policies
and practices concerning intellectual property and government-
purpose rights and licenses, in conjunction with current
intellectual property law and its practice, limit
commercialization and innovation in dual use-technology; and
(2) Alternative policy options to accelerate commercialization
and innovation in dual-use technology. The policy options to be
evaluated should include at a minimum: (1) The DOD's retention,
via contractual mechanisms, of intellectual property currently
retained by contractors; (2) The DOD's use of prize-based
competitions, research-as-a-service contracts, and government-
funded grants to fund science and technology activities while
retaining the intellectual property developed through those
activities; (3) The incorporation of price ceilings for
commercial products and licenses and commercial sale mandates
in DOD contracts to discourage selective commercial hoarding;
(4) Expansions or modifications to government purpose rights;
and (5) Programs and policy to make DOD intellectual property,
including that originating from research and development
conducted in Department laboratories, more discoverable or
available to the private sector.
No later than January 1, 2021, the university business
school or law school should submit a report on the assessment
to the Secretary of Defense with any recommendations for
changes to statute, regulations, or policy. No later than
February 1, 2021, the Secretary of Defense shall deliver the
report to the Committees on Armed Services of the Senate and
House of Representatives along with any relevant Department of
Defense comments or recommendations.
Quantum Information Science Innovation Center
The House amendment contained a provision (sec. 243) that
would require the Secretary of Defense to establish a Quantum
Information Science Innovation Center to accelerate the Air
Force's research and development in quantum information
science. The provision would also increase the funding table
authorization for research, development, test, and evaluation,
Air Force, applied research, dominant information sciences and
methods, line 014, by $10.0 million and decrease the funding
table authorization for operation and maintenance, Defense-
wide, operating forces, Special Operations Command Operational
Support, line 090, by $10.0 million.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the modification of the existing
authorization of a Defense Quantum Information Science and
Technology Research and Development Program elsewhere in this
bill. The conferees note that the Defense Quantum Information
Science and Technology Research and Development Program
includes the authority for each of the Secretaries of the
military departments to establish or designate a Quantum
Science Research Center.
Increase in funding for Naval University Research Initiatives
The House amendment contained a provision (sec. 244) that
would increase the funding table authorization for research,
development, test, and evaluation, Navy, basic research,
University Research Initiatives, line 001 (PE 0601103N), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command Theater Forces, line 100, by $5.0
million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for university and industry research centers
The House amendment contained a provision (sec. 245) that
would increase the funding table authorization for research,
development, test, and evaluation, Army, basic research for
university and industry research centers, line 004 (PE
0601104A), by $5.0 million and decrease the funding table
authorization for operation and maintenance, Air Force,
operational systems development, AF integrated personnel and
pay system (AF-IPPS), line 158 (PE 0605018F), by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for national security innovation capital
The House amendment contained a provision (sec. 246) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, for Defense
Innovation Unit Prototyping by $75.0 million and decrease the
funding table authorization for research, development, test,
and evaluation, Defense-wide, advanced component development
and prototypes, advanced innovative technologies, line 096 (PE
0604250D8Z), by $75.0 million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for Air Force University Research Initiatives
The House amendment contained a provision (sec. 247) that
would increase the funding table authorization for research,
development, test, and evaluation, Air Force, basic research,
University Research Initiatives, line 002 (PE 0601103F), by
$5.0 million and decrease the funding table authorization for
operation and maintenance, Defense-wide, operating forces,
Special Operations Command Theater Forces, line 100, by $5.0
million.
The Senate bill contained no similar provision.
The House recedes.
Increase in funding for Naval University Research Initiatives
The House amendment contained a provision (sec. 248) that
would increase the funding table authorization for Navy basic
research, University Research Initiatives, line 001 (PE
0601103N), by $5.0 million and decrease the funding table
authorization for operation and maintenance, Defense-wide,
operating forces, Special Operations Command Theater Forces,
line 100, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Independent study on threats to United States national security from
development of hypersonic weapons by foreign nations
The House amendment contained a provision (sec. 250) that
would require the Secretary of Defense to enter into a contract
with a federally funded research and development center in
order to conduct a study on the development of hypersonic
weapons capabilities by foreign nations.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the development of hypersonic
weapons is a critical national interest as highlighted in the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (sec. 247) and encourages the Department of Defense
to accelerate testing and development of hypersonic
capabilities and technology.
Report on innovation investments and management
The House amendment contained a provision (sec. 251) that
would require the Under Secretary of Defense for Research and
Engineering to submit, not later than December 31, 2019, to the
congressional defense committees a report on the efforts of the
Department of Defense to improve innovation investments and
management.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering, not later than December 31, 2019, to
provide to the Committees on Armed Services of the Senate and
House of Representatives a report on the efforts of the
Department of Defense to improve innovation investments and
management.
The report shall include an explanation of the following:
(1) How incremental and disruptive innovation investments for
each military department are defined; (2) How such investments
are assessed; and (3) Whether the Under Secretary has defined a
science and technology management framework that emphasizes the
greater use of existing flexible approaches to more quickly
initiate and discontinue projects to respond to the rapid pace
of innovation, incorporates acquisition stakeholders into
technology development programs to ensure that they are
relevant to customers, and promotes advanced prototyping of
disruptive technologies within the defense labs so that the
science and technology community can evaluate the effectiveness
of these technologies and applications in future acquisition
programs.
Increase in funding for Army University Research Initiatives
The House amendment contained a provision (sec. 253) that
would increase the funding table authorization for Army basic
research, University Research Initiatives, Line 003 (PE
0601103A), by $5.0 million and decrease the funding table
authorization for research, development, test, and evaluation,
Army, system development and demonstration, integrated
personnel and pay system-Army (IPPS-A), Line 143 (PE 0605018A),
by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Funding for anti-tamper heterogenous integrated microelectronics
The House amendment contained a provision (sec. 254) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, advanced
technology development, defense-wide manufacturing science and
technology program, line 047 (PE 0603680D8Z), by $5.0 million
and decrease the funding table authorization for other
procurement, Army, elect equip-automation, general fund
enterprise business systems fam, line 114, by $5.0 million.
The Senate bill contained no similar provision.
The House recedes.
Briefing on use of blockchain technology for defense purposes
The House amendment contained a provision (sec. 255) that
would require the Under Secretary of Defense for Research and
Engineering to provide, no later than 180 days after the
enactment of this Act, to the congressional defense committees
a briefing on the potential use of distributed ledger
technology for defense purposes.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Under Secretary of Defense for
Research and Engineering to provide, not later than 180 days
after the date of the enactment of this Act, to the
congressional defense committees a briefing on the potential
use of distributed ledger technology for defense purposes. This
briefing shall include an explanation of how distributed ledger
technology may be used by the Department of Defense to: (1)
Improve cybersecurity, beginning at the hardware level, of
vulnerable assets such as energy, water, and transport grids
through distributed versus centralized computing; (2) Reduce
single points of failure in emergency and catastrophe decision-
making by subjecting decisions to consensus validation through
distributed ledger technologies; (3) Improve the efficiency of
defense logistics and supply chain operations; (4) Enhance the
transparency of procurement auditing; and (5) Allow innovations
to be adapted by the private sector for ancillary uses. The
briefing shall also include any other information that the
Under Secretary of Defense for Research and Engineering
determines to be appropriate.
Efforts to counter manipulated media content
The House amendment contained a provision (sec. 256) that
would direct the Secretary of Defense not later than 180 days
after the date of the enactment of this Act to provide a
briefing to the congressional defense committees on Department
of Defense (DoD) initiatives to identify and address
manipulated media content, specifically ``deepfakes.''
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense not later
than 180 days after the date of the enactment of this Act to
provide a briefing to the congressional defense committees on
initiatives of the DoD to identify and address, as appropriate
and as authorized in support of DoD operations, manipulated
media content, specifically ``deepfakes.'' The briefing shall
include, at a minimum:
1) A description of the status of efforts to develop
technology to identify manipulated content impacting the
national security of the United States;
2) A description of any challenges to detecting,
labeling, and preventing foreign actors' manipulation of images
and video impacting national security;
3) A description of any plans to make ``deepfake''
detection technology available to the public and other Federal
agencies for use in identifying manipulated media;
4) A description of any efforts by DoD to engage academia
and industry stakeholders to combat deliberately manipulated or
deceptive information from state and non-state actors on social
media platforms impacting operations overseas;
5) An assessment of the ability of adversaries to
generate ``deepfakes'';
6) Recommendations for a long-term transition partner
organization for ongoing research programs; and
7) Any other matters the Secretary deems relevant.
Additional amounts for research, development, test, and evaluation
The Senate bill contained a provision (sec. 5204) that
would increase the funding table authorization for research,
development, test, and evaluation, Defense-wide, Information
Systems Security Program (PE 0303140D8Z), by $25.0 million. The
provision would also increase the funding table authorization
for research, development, test, and evaluation, Navy,
University Research Initiatives (PE 0601103N), by $5.0 million.
Finally, the provision would decrease the funding table
authorization for the Defense Health Program's procurement
program, the Department of Defense Healthcare Management System
Modernization, by $30.0 million.
The House amendment contained no similar provision.
The Senate recedes.
Briefing on explainable artificial intelligence
The Senate bill contained a provision (sec. 5205) that
would require the Secretary of Defense to brief the
congressional defense committees on the development and
applications of explainable artificial intelligence, defined as
artificial intelligence that has the ability to demonstrate the
rationale behind its decisions in order for its human user to
comprehend and characterize the strengths and weaknesses of its
decision-making process as well as to understand how it will
behave in the future in the contexts in which it is used.
The House amendment contained no similar provision.
The Senate recedes.
The committees direct the Secretary of Defense to brief,
no later than 180 days after the date of the enactment of this
Act, the congressional defense committees on the development
and applications of explainable artificial intelligence. The
briefing shall address or include: (1) The extent to which the
Department of Defense currently uses and prioritizes
explainable artificial intelligence; (2) The limitations of
explainable artificial intelligence and the plans of the
Department to address those limitations; (3) The future plans
of the Department to require explainable artificial
intelligence, particularly in technologies that have
warfighting applications; (4) Any potential roadblocks to the
effective deployment of explainable artificial intelligence
across the Department; (5) Identification and descriptions of
programs and activities, including funding and schedule, to
develop or procure explainable artificial intelligence to meet
defense requirements and technology development goals; and (6)
Such other matters that the Secretary considers appropriate.
The briefing shall be unclassified but may include a classified
supplement.
Title III--Operation and Maintenance
Subtitle A--Authorization of Appropriations
Authorization of appropriations (sec. 301)
The Senate bill contained a provision (sec. 301) that
would authorize appropriations for operation and maintenance
activities at the levels identified in section 4301 of division
D of this Act.
The House amendment contained an identical provision
(sec. 301).
The conference agreement includes this provision.
Subtitle B--Energy and Environment
Timeline for Clearinghouse review of applications for energy projects
that may have an adverse impact on military operations and
readiness (sec. 311)
The House amendment contained a provision (sec. 311) that
would amend section 183a of title 10, United States Code, to
allow the Military Aviation and Installation Assurance
Clearinghouse 90 days to conduct its preliminary review of
applications for an energy project.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Military Aviation and Installation Clearinghouse 75 days to
conduct its preliminary review.
Authority to accept contributions of funds from applicants for energy
projects for mitigation of impacts on military operations and
readiness (sec. 312)
The House amendment contained a provision (sec. 313) that
would amend section 183a of title 10, United States Code, to
allow the Secretary of Defense to accept voluntary contribution
of funds from an applicant for an energy project.
The Senate bill contained no similar provision.
The Senate recedes.
Use of proceeds from sale of recyclable materials (sec. 313)
The House amendment contained a provision (sec. 326) that
would amend section 2577(c) of title 10, United States Code, by
striking ``$2,000,000'' and inserting ``$10,000,000''.
The Senate bill contained no similar provision.
The Senate recedes.
Disposal of recyclable materials (sec. 314)
The House amendment contained a provision (sec. 327) that
would amend section 2577(a) of title 10, United States Code, by
defining the term `recyclable materials' to include any quality
recyclable material provided to the Department by a State or
local government entity.''
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Office of the Secretary of Defense to authorize the
recyclable material provided to the Department by a State or
local government entity.
Department of Defense improvement of previously conveyed utility
systems serving military installations (sec. 315)
The House amendment contained a provision (sec. 314) that
would amend section 2688 of title 10, United States Code, by
authorizing the use of military construction funding to support
improvements to the reliability, resiliency, efficiency,
physical security, or cybersecurity of a conveyed utility
system.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of Department of Defense environmental restoration
authorities to include Federal Government facilities used by
National Guard (sec. 316)
The Senate bill contained a provision (sec. 319) that
would establish environmental restoration accounts for the Army
National Guard and the Air National Guard.
The House amendment contained a similar provision (sec.
315) that would amend section 2707 of title 10, United States
Code, to allow the Chief of the National Guard Bureau to access
Defense Environmental Remediation Account funds for the limited
purpose of addressing perfluorooctanoic acid and
perfluorooctane sulfonate exposure and contamination resulting
from National Guard activities in and around National Guard
bases. This authority would sunset 5 years after the date of
the enactment of this Act.
The Senate recedes with an amendment that would eliminate
the 5 year sunset.
Use of operational energy cost savings of Department of Defense (sec.
317)
The Senate bill contained a provision (sec. 311) that
would amend section 2912 of title 10, United States Code, to
require that operational energy cost savings realized by the
Department of Defense be used for the implementation of
additional operational energy cost saving methods.
The House amendment contained a similar provision (sec.
899).
The House recedes.
Sale of electricity from alternate energy and cogeneration production
facilities (sec. 318)
The Senate bill contained a provision (sec. 312) that
would amend section 2916(b) of title 10, United States Code, to
provide the Department of Defense more flexibility when using
geothermal revenue.
The House amendment contained a similar provision (sec.
316).
The Senate recedes.
Energy resilience programs and activities (sec. 319)
The Senate bill contained a provision (sec. 313) that
would make technical corrections to the Annual Energy
Management and Resilience Report, require a report on funding
levels for certain energy program offices, and establish
targets for reduction in water use.
The House amendment contained a similar provision (sec.
330K).
The House recedes.
Technical and grammatical corrections and repeal of obsolete provisions
relating to energy (sec. 320)
The Senate bill contained a provision (sec. 323) that
would provide technical corrections to title 10, United States
Code.
The House amendment contained no similar provision.
The House recedes.
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. 321)
The Senate bill contained a provision (sec. 317) that
would amend section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), as
amended by section 315(a) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) to extend through 2021, the transfer authority for funding
of the study and assessment on health implications of per- and
polyfluoroalkyl substances contamination in drinking water by
the Agency for Toxic Substances and Disease Registry.
The House amendment contained an identical provision
(sec. 317).
The conference agreement includes this provision.
Replacement of fluorinated aqueous film-forming foam with fluorine-free
fire-fighting agent (sec. 322)
The Senate bill contained a provision (sec. 316) that
would prohibit the Department of Defense from procuring
firefighting foam that contains perfluoroalkyl and
polyfluoroalkyl substances after October 1, 2022.
The House amendment contained a similar provision (sec.
318) that would require the Secretary of the Navy to complete a
military specification for a fluorine-free fire fighting agent
to be used at all Department of Defense installations not later
than January 2025. This provision would ban use of fluorinated
foams on military installations by September 2029 or before
such date, if possible.
The Senate recedes with an amendment that would require
the Secretary of the Navy to complete a military specification
for a fluorine-free firefighting agent by January 2023 and
prohibits Department of Defense procurement of fire-fighting
foam containing perfluoroalkyl and polyfluoroalkyl substances
after October 2023. Additionally, the amendment would prohibit
the use of fluorinated foam by October 2024 with the option for
the Secretary of Defense to extend the date for up to one year
using a waiver authority.
Prohibition of uncontrolled release of fluorinated aqueous film-forming
foam at military installations (sec. 323)
The House amendment contained a provision (sec. 319) that
would require the Secretary of Defense to prohibit uncontrolled
release of fluorinated Aqueous Film Forming Foam (AFFF) at
military installations except in cases of emergency response
and limited non-emergency use for training or testing of
equipment where complete containment, capture, and proper
disposal mechanisms are in place to ensure no AFFF is released
into the environment.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on use of fluorinated aqueous film forming foam for
training exercises (sec. 324)
The House amendment contained a provision (sec. 320) that
would prohibit the use of fluorinated aqueous film forming foam
for training exercises at military installations.
The Senate bill contained no similar provision.
The Senate recedes.
Real-time sound-monitoring at Navy installations where tactical fighter
aircraft operate (sec. 325)
The House amendment contained a provision (sec. 321) that
would require the Secretary of the Navy and Secretary of the
Air Force to conduct real-time noise monitoring at no fewer
than three installations per military department where tactical
fighter aircraft operate regularly and noise contours have been
developed through noise modeling.
The Senate bill contained a similar provision (sec. 5305)
that would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on monitoring of noise from flights
and training of EA-18G Growlers associated with Naval Air
Station Whidbey Island.
The Senate recedes with an amendment that would require
noise monitoring at two West Coast Naval Air Stations. The
conferees intent is that the use of real-time noise monitoring
will assist in validating or modifying current noise modeling
profiles and may advance the understanding of noise impacts.
Development of extreme weather vulnerability and risk assessment tool
(sec. 326)
The House amendment contained a provision (sec. 322) that
would direct the Secretary of Defense to develop a climate
vulnerability and risk assessment tool to assist in providing
standardized risk calculations of climate-related impacts to
military facilities and capabilities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to determine whether an existing
climate vulnerability and risk assessment tool is available or
can be adapted to be used quantify the risks associated with
extreme weather events.
Removal of barriers that discourage investments to increase military
installation resilience (sec. 327)
The House amendment contained a provision (sec. 324) that
would require the Secretary of Defense to remove barriers and
reform policies that discourage investments to increase
military installation resilience.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Budgeting of Department of Defense relating to extreme weather (sec.
328)
The Senate bill contained a provision (sec. 320) that
would require the Secretary of Defense to include 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 in the annual budget submission of the President.
The House amendment contained a similar provision (sec.
328).
The House recedes.
Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances
in Meals Ready-to-Eat Food Packaging (sec. 329)
The House amendment contained a provision (sec. 330B)
that would require, not later than October 1, 2020, the
Director of the Defense Logistics Agency (DLA) to ensure that
any food contact substances used to assemble and package meals
ready-to-eat procured by the DLA do not contain any
perfluoroalkyl substances or polyfluoroalkyl substances.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the date of prohibition from October 1, 2020 to October 1,
2021.
Disposal of materials containing per- and polyfluoroalkyl substances or
aqueous film-forming foam (sec. 330)
The House amendment contained a provision (sec. 330D)
that would provide the Department with guidance on the disposal
of per- and polyfluoroalkyl substances (PFAS) by incineration,
and the storage of PFAS containing materials.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to clarify that all
incineration is to achieve the maximum degree of reduction in
PFAS emissions and that the provision only pertains to certain
materials within the Department of Defense.
Agreements to share monitoring data relating to perfluoroalkyl and
polyfluoroalkyl substances and other contaminants of concern
(sec. 331)
The House amendment contained a provision (sec. 330F)
that would require the Secretary of Defense to 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.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to maintain a publicly available
website to provide information on exposure, testing, cleanup
and treatment.
Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances (sec. 332)
The Senate bill contained provisions (secs. 318 and 5318)
that would encourage the Secretary of Defense to work
expeditiously to finalize a cooperative agreement upon request
from the governor of a State if there is suspected
contamination from perfluoroalkyl and polyfluoroalkyl
substances. If an agreement is not finalized or amended within
1 year, the Secretary would be required to submit a report to
the appropriate committees and Members of Congress.
The House amendment contained an identical provision
(sec. 330H).
The conference agreement includes this provision.
Plan to phase out use of burn pits (sec. 333)
The House amendment contained a provision (sec. 330L)
that would require the Secretary of Defense to submit an
implementation plan to phase out the use of the burn pits
identified in the ``Department of Defense Open Burn Pit Report
to Congress'' published in April 2019.
The Senate bill contained no similar provision.
The Senate recedes.
Information relating to locations of burn pit use (sec. 334)
The House amendment contained a provision (sec. 330M)
that would require the Secretary of Defense to submit to the
Secretary of Veterans Affairs and Congress a list of all
locations at which open-air burn pits have been used by
Secretary of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Data quality review of radium testing conducted at certain locations of
the Department of the Navy (sec. 335)
The House amendment contained a provision (sec. 330N)
that would require the Secretary of the Navy to provide an
independent third-party data quality review of all radium
testing completed by contractors of the Department of the Navy
at locations where the Secretary is undertaking a project or
activity funded through the following Department of Defense
accounts: (1) Operation and Maintenance, Environmental
Restoration, Navy; and (2) Operation and Maintenance,
Environmental Restoration, Formerly Used Defense Sites.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would limit the
requirement for an independent third-party quality review to
certain locations.
Reimbursement of Environmental Protection Agency for certain costs in
connection with the Twin Cities Army Ammunition Plant,
Minnesota (sec. 336)
The Senate bill contained a provision (sec. 315) that
would allow the Secretary of Defense to reimburse the
Environmental Protection Agency for remedial actions performed
at the Twin Cities Army Ammunition Plant.
The House amendment contained no similar provision.
The House recedes.
Pilot program for availability of working-capital funds for increased
combat capability through energy optimization (sec. 337)
The Senate bill contained a provision (sec. 321) that
would allow the Secretary of Defense and the military
departments to use the working capital fund established
pursuant to section 2208 of title 10, United States Code, to
conduct a pilot program for energy optimization initiatives.
Further, this provision would require the Secretary of Defense
to submit an annual report to the congressional defense
committees on the use of the authority during the preceding
fiscal year. The annual report would be required to be
submitted not later than 60 days after the President's budget
is submitted to the Congress.
The House amendment contained no similar provision.
The House recedes.
Report on efforts to reduce high energy intensity at military
installations (sec. 338)
The Senate bill contained a provision (sec. 322) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to submit a report on efforts to achieve cost
savings at military installations with high energy intensity to
the congressional defense committees not later than September
1, 2020.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Treatment of contaminated water near military installations (secs. 341-
345)
The Senate bill contained a series of provisions (secs.
1071-1075) that would allow the Secretaries of the military
departments to provide uncontaminated water sources or to treat
water contaminated with perfluoroalkyl and polyfluoroalkyl
substances if the water is used for agricultural purposes
leading to products destined for human consumption.
Additionally, these provisions would authorize the Secretary of
the Air Force to acquire real property that has shown signs of
contamination from perfluorooctanoic and perfluorooctane
sulfonate.
The House amendment contained a similar provision (sec.
323).
The House recedes.
Subtitle D--Logistics and Sustainment
Materiel readiness metrics and objectives (sec. 351)
The Senate bill contained a provision (sec. 5301) that
would require the Secretary of Defense to provide the
congressional defense committees with a report for the life
cycle sustainment of each major weapon system not later than
February 1 of each year.
The House amendment contained a similar provision (sec.
331).
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a comprehensive assessment
of the Department of Defense's materiel readiness and weapons
system sustainment and to provide a report to the congressional
defense committees not later than April 1, 2020.
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. 352)
The House amendment contained a provision (sec. 332) that
would amend section 2208(u)(2) of title 10, United States Code,
to clarify the authority on the use of working capital funds
for unspecified minor military construction projects related to
defense industrial base facilities.
The Senate bill contained no similar provision.
The Senate recedes.
Modification to limitation on length of overseas forward deployment of
naval vessels (sec. 353)
The Senate bill contained a provision (sec. 332) that
would amend section 323 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
relating to the limitation on length of overseas forward
deployment of naval vessels.
The House amendment contained no similar provision.
The House recedes.
Extension of temporary installation reutilization authority for
arsenals, depots, and plants (sec. 354)
The Senate bill contained a provision (sec. 357) that
would amend section 345(d) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2667 note) by striking ``September 30, 2020'' and
inserting ``September 30, 2025.''
The House amendment contained a similar provision (sec.
337).
The House recedes with a technical amendment.
F-35 Joint Strike Fighter sustainment (sec. 355)
The House amendment contained a provision (sec. 333) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to submit a report on the steps being taken to
improve the availability and accountability of F-35 parts
within the supply chain. In addition, this provision would
limit funds available to the Under Secretary until such time as
the report is delivered.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on strategic policy for prepositioned materiel and equipment
(sec. 356)
The House amendment contained a provision (sec. 334) that
would require the Assistant Secretary of Defense for
Sustainment, in coordination with the Joint Staff, to submit a
report to the congressional defense committees, not later than
March 1, 2020, on the implementation plan for prepositioned
materiel and equipment as required by section 321 of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the funding prohibition.
Pilot program to train skilled technicians in critical shipbuilding
skills (sec. 357)
The House amendment contained a provision (sec. 338) that
would allow the Secretary of Defense to carry out a pilot
program to train individuals to become skilled technicians in
critical shipbuilding skills in partnership with existing
Federal or State projects relating to investment and
infrastructure in training and education or workforce
development.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Requirement for military department inter-service depot maintenance
(sec. 358)
The Senate bill contained a provision (sec. 331) that
would require a joint memorandum of understanding in such cases
where one military service would provide depot maintenance for
an air platform of another military service.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Strategy to improve infrastructure of certain depots of the Department
of Defense (sec. 359)
The Senate bill contained a provision (sec. 351) that
would require the Secretary of Defense to deliver a
comprehensive strategy to the congressional defense committees,
not later than October 1, 2020, for improving the depot
infrastructure of the military departments with the objective
of ensuring that the depots have the capacity and capability to
support the readiness and materiel availability goals of
current and future weapon systems of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle E--Reports
Readiness reporting (sec. 361)
The House amendment contained a provision (sec. 341) that
would amend sections 117 and 482 of title 10, United States
Code, to modify the delivery method, timeline, and required
elements of the Quarterly Readiness Report to Congress and the
Joint Forces Readiness Review.
The Senate bill contained no similar provision.
The Senate recedes.
Technical correction to deadline for transition to Defense Readiness
Reporting System Strategic (sec. 362)
The Senate bill contained a provision (sec. 359) that
would amend section 358(c) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) by striking ``October 1, 2019'' and replacing it with
``October 1, 2020.''
The House amendment contained an identical provision
(sec. 342).
The conference agreement includes this provision.
Report on Navy ship depot maintenance budget (sec. 363)
The House amendment contained a provision (sec. 343) that
would require the Secretary of the Navy to submit reports for
fiscal years 2021, 2022, and 2023 that provide additional
information related to ship and submarine depot maintenance
funding.
The Senate bill contained no similar provision.
The Senate recedes.
Report on Runit Dome (sec. 364)
The House amendment contained a provision (sec. 344) that
would require the Secretary of Energy to submit a report on the
status of the Runit Dome in the Marshall Islands.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirements.
Prohibition on subjective upgrades by commanders of unit ratings in
monthly readiness reporting on military units (sec. 365)
The Senate bill contained a provision (sec. 356) that
would prohibit the commander of a military unit who is
responsible for monthly reporting of readiness from making any
subjective upgrade of the overall rating of the unit. This
provision would include a waiver authority if the first flag or
general officer above the reporting unit in the chain of
command approves of the upgrade. Additionally, this provision
would require that any such waiver, and subsequent upgrades, be
included in the Quarterly Readiness Report to Congress.
The House amendment contained no similar provision.
The House recedes.
Requirement to include foreign language proficiency in readiness
reporting systems of Department of Defense (sec. 366)
The Senate bill contained a provision (sec. 5304) that
would require the Secretary of Defense and the Secretaries of
the military departments to include measures of foreign
language proficiency as a mandatory element of unit readiness
reporting in the Global Readiness and Force Management
Enterprise not later than 90 days after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Subtitle F--Other Matters
Prevention of encroachment on military training routes and military
operation areas (sec. 371)
The Senate bill contained a provision (sec. 353) that
would require projects to file 1 year before construction if
they are proposed within wide area surveillance over-the-
horizon radar. Additionally, the provision allows the governor
of a State to recommend geographical areas of concern to the
Secretary of Defense.
The House amendment contained a similar provision (sec.
351) that would amend section 183a(c)(6) of title 10, United
States Code, to include over-the-horizon radar in the coverage
of early outreach procedures issues by the Military Aviation
and Installation Assurance Siting Clearinghouse.
The House recedes.
Expansion and enhancement of authorities on transfer and adoption of
military animals (sec. 372)
The Senate bill contained a provision (sec. 354) that
would amend section 2583 of title 10, United States Code, to
require veterinary screening and care for military working dogs
prior to retirement or transfer to law enforcement agencies.
The provision would also, as requested by the Department of
Defense, extend transfer and adoption authorities to
Department-owned mules and donkeys, in order to provide
consistency for use of the word ``transfer'' throughout this
section of law.
The House amendment contained a similar provision (sec.
353).
The House recedes.
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. 373)
The House amendment contained a provision (sec. 352) that
would amend section 2642 of title 10, United States Code, to
extend the date that the Secretary of Defense may use the
Department of Defense reimbursement rate for military
transportation services provided to certain non-Department of
Defense entities until October 1, 2024.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of authority of Secretary of Transportation to issue non-
premium aviation insurance (sec. 374)
The House amendment contained a provision (sec. 354) that
would amend section 44310 of title 49, United States Code, to
extend the authority of the Secretary of Transportation to
issue non-premium aviation insurance until September 30, 2023.
The Senate bill contained no similar provision.
The Senate recedes.
Defense personal property program (sec. 375)
The Senate bill contained a provision (sec. 355) that
would prohibit the Secretary of Defense from entering into or
awarding a contract to a commercial provider for the management
of the Defense Personal Property Program (DP3) until 60 days
after the Comptroller General of the United States submits to
the congressional defense committees a report on the
administration of the DP3.
The House amendment contained a similar provision (sec.
355) that, in addition to requiring a similar report from the
Comptroller General, would establish a Global Household
Relocation Services Advisory Group; require the Commander of
the United States Transportation Command (USTRANSCOM) to
prepare a business case analysis for the proposed award of a
global household goods contract (GHC) for the DP3; and prohibit
the Secretary of Defense from entering into a global household
goods contract until the Commander of USTRANSCOM briefs the
defense committees on its business case analysis and on the
proposed structure and meeting schedule for the advisory group.
The Senate recedes with amendments that would prohibit
the award of a GHC contract until April 1, 2020, and require
the Under Secretary of Defense for Acquisition and Sustainment
and the Assistant Secretary of Defense for Personnel and
Readiness to 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.
In addition, the conferees direct the Secretary of
Defense to establish a Military Relocation Advisory Committee
consisting of members representing USTRANSCOM; the military
services; transportation services providers, including two
small business concerns; and consumer representatives who are
members of the Armed Forces or spouses of members of the Armed
Forces. The Secretary of Defense should ensure that the
advisory committee convenes regularly to provide the Secretary
feedback on the DP3, military relocation services, and other
issues relating to permanent change of station moves.
Additionally, the Secretary should ensure that the advisory
committee provides quarterly reports of its activities to the
congressional defense committees.
Public events about Red Hill Bulk Fuel Storage Facility (sec. 376)
The House amendment contained a provision (sec. 356) that
would require the Department of the Navy to hold quarterly
events open to the public that provide information and updates
on the Red Hill Bulk Fuel Storage Facility.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress regarding Innovative Readiness Training program (sec.
377)
The House amendment contained a provision (sec. 357) that
would express the sense of Congress on the importance of
Innovative Readiness Training, particularly to non-contiguous
States and territories.
The Senate bill contained no similar provision.
The Senate recedes.
Detonation chambers for explosive ordnance disposal (sec. 378)
The House amendment contained a provision (sec. 329) that
would require the Secretary of the Navy to purchase and operate
a closed detonation chamber.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for Army Community Services
The House amendment contained a provision (sec. 302) that
would increase the funding for Operation and Maintenance, Army
for Base Operations Support for Army Community Services by
$30.0 million.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that Army Community Services provides
critical services, such as victim advocacy, financial
counseling, employment readiness, among others. The conferees
encourage the Department to increase the resources allocated to
the account so Army Community Services can continue to provide
imperative resources to servicemembers.
Increase in funding for civil military programs
The House amendment contained a provision (sec. 303) that
would increase the funding for Operation and Maintenance,
Defense-Wide for Civil Military Programs by $50.0 million to
support the National Guard Youth Challenge Program.
The Senate bill contained no similar provision.
The House recedes.
Authority to make final finding on designation of geographic areas of
concern for purposes of energy projects with adverse impacts on
military operations and readiness
The House amendment contained a provision (sec. 312) that
would amend section 183a of title 10, United States Code, by
changing the list of Department of Defense personnel who can
make a final finding on the designation of a geographic area of
concern.
The Senate bill contained no similar provision.
The House recedes.
Native American Indian lands environmental mitigation program
The Senate bill contained a provision (sec. 314) that
would amend chapter 160 of title 10, United States Code, to
allow the Secretary of Defense to establish a program to
mitigate the environmental impacts of Department of Defense
activities on Native American Indian lands.
The House amendment contained no similar provision.
The Senate recedes.
Offshore energy development
The House amendment contained a provision (sec. 325) that
would prohibit the Secretary of Defense from issuing an
offshore wind assessment that proposes wind exclusion areas and
from objecting to an offshore energy project filed for review
by the Military Aviation and Installation Assurance
Clearinghouse (Clearinghouse) until 180 days after submitting a
report to the congressional defense committees.
The Senate bill contained no similar provision.
The House recedes.
Comptroller General report on environmental cleanup of Vieques and
Culebra, Puerto Rico
The House amendment contained a provision (sec. 330) that
would require the Comptroller General of the United States to
complete a study on the status of the Federal cleanup and
decontamination process in the island-municipalities of Vieques
and Culebra, Puerto Rico, and submit a report on the findings
to the congressional defense committees not later than 180 days
after the date of enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees believe that the Secretary of Defense
should explore all alternatives to expedite the ongoing cleanup
and environmental restoration process at the former military
training sites located on Vieques and Culebra. The Department
of Defense should also work with the U.S. Environmental
Protection Agency, the Fish and Wildlife Service, and the
Government of Puerto Rico to ensure the decontamination process
is conducted in a manner that causes the least possible
intrusion on the lives of island residents and minimizes public
health risks. Lastly, the conferees note that the Federal
Government should collaborate with local and private
stakeholders to effectively address economic challenges and
opportunities in Vieques, Culebra, and the adjacent communities
of the former United States Naval Station Roosevelt Roads.
As such, the conferees direct the Comptroller General of
the United States to complete a study and submit a report to
the congressional defense committees on the status of the
Federal cleanup and decontamination process in the island-
municipalities of Vieques and Culebra, Puerto Rico, not later
than 180 days after the date of enactment of this Act. The
study should include a comprehensive analysis of the following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra; and
(2) Potential challenges and alternatives to accelerate
the completion of such efforts, including their associated
costs and any impact they might have on the public health and
safety of island residents.
Comptroller General study on PFAS contamination
The House amendment contained a provision (sec. 330C)
that would require the Comptroller General of the United States
to conduct a review on the Department of Defense's efforts to
clean up per- and polyfluoroalkyl substances contamination in
and around military bases.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the
United States to conduct a review of the efforts of the
Department of Defense to clean up Perfluorooctanoic acid (PFOA)
and Perfluorooctane sulfonate (PFOS) contamination in and
around military bases as well as the Department's efforts to
mitigate the public health impact of the contamination. The
study shall include an assessment of:
(1) When the Department discovered that drinking water
sources used by members of the Armed Forces and residents of
communities surrounding military bases were contaminated with
PFOS and/or PFOA;
(2) After learning that the drinking water was
contaminated, when the Department notified members of the Armed
Forces and residents of communities surrounding military bases
that their drinking water is contaminated with per- and
polyfluoroalkyl substances (PFAS);
(3) After providing such notification, how much time
lapsed before those affected were given alternative sources of
drinking water;
(4) The number of installations and surrounding
communities currently drinking water that is contaminated with
PFOS and/or PFOA above the Environmental Protection Agency's
advisory limit;
(5) The amount of money the Department has spent on
cleaning up PFOS and PFOA contamination through the date of
enactment of this Act;
(6) The number of sites where the Department has taken
action to remediate PFAS contamination or other materials as a
result of the use of firefighting foam on military bases;
(7) Factors that might limit or prevent the Department
from remediating PFAS contamination or other materials as a
result of the use of firefighting foam on military bases;
(8) The estimated total cost of clean-up of PFOS and
PFOA;
(9) The cost to the Department to discontinue the use of
PFAS in firefighting foam and to develop and procure viable
replacements that meet military specifications;
(10) The number of members of the Armed Forces who have
been exposed to PFOS or PFOA in their drinking water above the
EPA's Health Advisory levels during their military service.
(11) An evaluation of what the Department could have done
better to mitigate the release of PFOS or PFOA contamination
into the environment and expose servicemembers; and
(12) Any other elements the Comptroller General may deem
necessary.
The Comptroller General shall provide, to the
congressional defense committees, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
the Environment and Public Works of the Senate, a briefing on
the preliminary findings not later than 1 year after the date
of the enactment of this Act. The final results of the study
shall be provided by a time mutually agreed upon by the
committees and the Comptroller General.
Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl
substances for land-based applications of firefighting foam
The House amendment contained a provision (sec. 330E)
that would prohibit the Secretary of Defense from using
firefighting foam containing perfluoroalkyl and polyfluoroalkyl
substances for land-based applications not later than October
1, 2023.
The Senate bill contained no similar provision.
The House recedes.
Study on energy savings performance contracts
The House amendment contained a provision (sec. 330J)
that would require the Secretary of Defense to conduct a study
on energy saving performance contracts (ESPCs).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to conduct
a study identifying any legislative or regulatory barriers to
entering into more ESPCs. The study should include policy
proposals for how the Department of Defense could evaluate the
cost savings caused by increasing energy resiliency when
evaluating whether to enter into ESPCs. The conferees further
direct the Secretary to submit a report on the findings of the
study the congressional defense committees not later than 180
days after the date of the enactment of this Act.
Findings, purpose, and apology
The House amendment contained a provision (sec. 330I)
that would amend section 2(a)(1) of the Radiation Exposure
Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the congressional judicial
committees to take up the issue raised in the House provision
given it is in their jurisdiction.
Limitation on use of funds for implementation of elements of master
plan for redevelopment of Former Ship Repair Facility in Guam
The House amendment contained a provision (sec. 335) that
would continue the limitations established by section 325 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) on expending Department
of the Navy funds to modify the former Ship Repair Facility in
Guam except in certain circumstances through fiscal year 2020.
The Senate bill contained no similar provision.
The House recedes.
Report on effects of increased automation of defense industrial base on
manufacturing workforce
The House amendment contained a provision (sec. 336) that
would require the Secretary of Defense to submit a report on
the effects of increased automation of the defense industrial
base not later than 180 days after enactment.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Department of Defense
Industrial Capabilities Annual Report for Fiscal Year 2018
highlights the manufacturing and defense industrial base
provides opportunities for employment growth. The report goes
on to say although the number of workers engaged in many
traditional production occupations is projected to continue to
decline over the coming decade, several other occupations that
enable and support the modern, automated manufacturing facility
are expected to surge. The Under Secretary of Defense for
Acquisition and Sustainment is directed to brief the
congressional defense committees by March 15, 2020 on the
estimated number of jobs in the industrial base workforce
expected to be gained due to the automation in the defense
sector, an analysis describing the jobs expected to be gained,
and a strategy to assist in attracting, training, and
developing a workforce for these jobs.
Report on modernization of Joint Pacific Alaska Range Complex
The Senate bill contained a provision (sec. 341) that
would require the Secretary of the Air Force to submit to the
congressional defense committees a report on the long-term
modernization of the Joint Pacific Alaska Range Complex.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct, not later than May 1, 2020, the
Secretary of the Air Force submit to the congressional defense
committees a report on the long-term modernization of the Joint
Pacific Alaska Range Complex, the Nevada Test and Training
Range, and other major training ranges. The report shall
include the following: (1) An assessment of the requirement for
providing realistic training against modern adversaries,
including 5th generation adversary aircraft and ground threats,
and any current limitations compared to those requirements; (2)
An assessment of the requirement to provide a realistic anti-
access area denial training environment and any current
limitations compared to those requirements; (3) An assessment
of the requirement to modernize to provide realistic threats in
a large-scale, combined-arms near-peer environment and any
current limitations in meeting that requirement; and (4) A plan
for balancing coalition training against training only for
members of the Armed Forces of the United States.
Comptroller General study of out-of-pocket costs for service dress
uniforms
The House amendment contained a provision (sec. 345) that
would require the Comptroller General of the United States to
conduct a study of the out-of-pocket costs to members of the
Armed Forces for service dress uniforms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the
United States to conduct a study of the out-of-pocket costs to
members of the Armed Forces for service dress uniforms. The
study should include the following:
(1) A description and comparison of the out-of-pocket
cost to members of the Armed Forces for the purchase of service
dress uniforms and service dress uniform items, broken down
by--
(A) gender;
(B) Armed Force;
(C) enlisted; and
(D) officer.
(2) Stipends, in-kind provision of items, or other
assistance provided by each service to personnel to offset cost
of service dress uniforms.
(3) A comparison of the out-of-pocket cost for purchase
and maintenance of service and service dress uniforms over 1,
5, 10, and 20-year periods.
(4) A description of service dress uniform changes
directed by any of the Armed Forces over the past 10 years that
have affected the out-of-pocket costs to members of the Armed
Forces and the costs associated with such change, by gender.
(5) Any other information that the Comptroller General
determines appropriate.
The conferees further direct the Comptroller General to
provide a briefing to the congressional defense committees on
the preliminary findings of the study not later than April 15,
2020, with a final report on the findings of the study to be
submitted to the congressional defense committees not later
than September 30, 2020.
Inspector General audit of certain commercial depot maintenance
contracts
The House amendment contained a provision (sec. 346) that
would require the Inspector General of the Department of
Defense to audit sole-source commercial depot maintenance
contracts to determine if there has been any excess profit or
cost escalation.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Inspector General of the
Department of Defense to audit each military department and
Defense Agency, as applicable, to determine if there has been
any excess profit or cost escalation with respect to sole-
source contracts relating to commercial depot maintenance, to
include contracts for parts, supplies, equipment, and
maintenance services.
Report on plan to decontaminate sites formerly used by the Department
of the Army that have since been transferred to units of local
government and are affected by pollutants that are, in whole or
in part, a result of activity by the Department of Defense
The House amendment contained a provision (sec. 347) that
would require the Secretary of the Army to submit to the
appropriate congressional committees a report specifying
properties that were under the jurisdiction of the Department
of the Army and transferred to units of local government that
may remain polluted because of activity by the Department of
Defense as well as the Secretary's plan to decontaminate each
covered property.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that there are numerous properties
formerly under the jurisdiction of the Department of the Army,
such as former Nike missile sites, that have been transferred
to units of local governments and may remain polluted due to
Department of Defense activity. This pollution may prevent
these properties from being used for commercial or residential
purposes.
As such, the conferees direct the Secretary of the Army
to submit a report, not later than 90 days after the enactment
of this Act, specifying the covered properties that may remain
polluted because of Department of Defense activities and a plan
for how the Secretary plans to decontaminate each covered
property. The report should be submitted to the Committee on
Armed Services and the Committee on Energy and Natural
Resources of the Senate as well as to the Committees on Armed
Services, the Committee on Energy and Commerce, and the
Committee Natural Resources of the House of Representatives.
The term ``covered property'' means property that was
under the jurisdiction of the Department of the Army and was
transferred to a unit of local government before the date of
the enactment of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, but that would have triggered Federal Government notice
or action under that section had the transfer occurred on or
after that date.
Limitation on use of funds regarding the basing of KC-46A aircraft
outside the continental United States
The Senate bill contained a provision (sec. 352, as
amended by sec. 5352) that would limit Air Force funds until
the Secretary of the Air Force submits to the Congress a report
on the projected plan and timeline for strategic basing of the
KC-46A aircraft outside the continental United States.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Air Force to
submit to Congress, not later than 180 days after the date of
the enactment of this Act, a report on the projected plan for
strategic basing of the KC-46A aircraft outside the continental
United States.
Pilot program on reduction of effects of military aviation noise on
private residences
The House amendment contained a provision (sec. 358) that
would authorize a five-year pilot program for the purpose of
mitigating the effects of military aviation noise on private
residences in the vicinity of the military installations from
which they operate.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned about the impact of
military aviation noise on the communities surrounding military
installations. The conferees note that community support is an
important enabler of readiness. The conferees encourage the
military services to find innovative ways to address the
community concerns about military aviation noise, maximize
transparency, and increase dialog with concerned community
members.
Clarification of food ingredient requirements for food or beverages
provided by the Department of Defense
The Senate bill contained a provision (sec. 358) that
would require the Secretary of Defense to publish a notice of
proposed action before making any final rule, statement, or
determination on the limitation or prohibition of a food or
beverage ingredient provided by the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that in 2017 the Department issued a
notice that prohibited commonly used ingredients without
considering the implications to manufacturers, farmers, and
suppliers. The conferees direct the Secretary of Defense to
engage with the private industry prior to making a new
determination on food ingredients that may impact food supply
chains, as well as, establish a point of contact within the
department for engagement. Transparency when changing policy
guidance on food ingredients will ensure the food and
agriculture supply chain can meet new requirements.
Completion of Department of Defense Directive 2310.07E regarding
missing persons
The House amendment contained a provision (sec. 359) that
would require the Secretary of Defense to prioritize completion
of Department of Defense Directive 2310.07E to improve the
efficiency of locating missing persons.
The Senate bill contained no similar provision.
The House recedes.
Briefing on plans to increase readiness of B-1 bomber aircraft
The Senate bill contained a provision (sec. 5101) that
would require the Secretary of the Air Force to provide the
congressional defense committees a briefing on the Air Force's
plans to increase the readiness of the B-1 bomber aircraft.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are concerned with the readiness rates of
the B-1 bomber and, therefore, direct the Secretary of the Air
Force to provide, no later than February 29, 2020, the
congressional defense committees a briefing on the Air Force's
plans to increase the readiness of the B-1 bomber aircraft.
The briefing should include the following elements: 1) A
description of aircraft structural issues; 2) A plan for
continued structural deficiency data analysis and training; 3)
Projected repair timelines; 4) Future mitigation strategies; 5)
An aircrew and maintainer training plan, including a plan to
ensure that the training pipeline remains steady, for any
degradation period; 6) A recovery timeline to meet future
deployment tasking; and 7) A plan for continued upgrades and
improvements.
Sense of Senate on prioritizing survivable logistics for the Department
of Defense
The Senate bill contained a provision (sec. 5302) that
would express the sense of the Senate on the importance of
prioritizing survivable logistics.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the joint logistics enterprise of
the Armed Forces faces high-end threats from strategic
competitors--China, Russia, and Iran--all of which have
invested in anti-access area denial capabilities and gray zone
tactics. As such, the conferees believe that resilient and
agile logistics are necessary to implement the 2018 National
Defense Strategy because it enables the United States to
project power and sustain the fight against its strategic
competitors in peacetime and during war.
Additionally, there are significant logistics shortfalls,
as outlined in the November 2018 final report of the Defense
Science Board Task Force on Survivable Logistics, which, if
left unaddressed, would hamper the readiness and ability of the
Armed Forces to conduct operations globally. The conferees
believe that since the military departments have not shown a
strong commitment to funding logistics, the Secretaries of the
military departments should review the full list of
recommendations in the report and address the chronic
underfunding of logistics relative to other priorities.
Plan on sustainment of Rough Terrain Container Handler fleets
The Senate bill contained a provision (sec. 5303) that
would require the Secretary of the Army and the Secretary of
the Navy to develop plans for sustainment of the RT240 fleet,
assess available modernization capabilities, and provide a
joint briefing to the defense committees on the readiness of
both fleets.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of the Army and
Secretary of the Navy to provide a briefing to the
congressional defense committees, not later than 90 days after
enactment of this Act. The briefing shall include the plans for
sustainment of the RT-240 Rough Terrain Cargo Handler fleets to
ensure operational capabilities into the 2030s, an assessment
of available modernization capabilities to enhance joint
deployment of such fleets, and current readiness of such
fleets.
Title IV--Military Personnel Authorizations
Subtitle A--Active Forces
End strengths for active forces (sec. 401)
The Senate bill contained a provision (sec. 401) that
would authorize active-duty end strength as of September 30,
2019 as follows: Army, 480,000; Navy, 355,400; Marine Corps,
186,200; Air Force, 332,800.
The House amendment contained an identical provision.
The conference agreement includes this provision.
Revisions in permanent active duty end strength minimum levels (sec.
402)
The House amendment contained a provision (sec. 402) that
would establish new minimum Active Duty end strengths for the
Army, Navy, Marine Corps, and Air Force as of September 30,
2020. The committee recommends 480,000 as the minimum Active
Duty end strength for the Army, 340,500 as the minimum Active
Duty end strength for the Navy, 186,200 as the minimum Active
Duty end strength for the Marine Corps, and 332,800 as the
minimum Active Duty end strength for the Air Force.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Reserve Forces
End strengths for Selected Reserve (sec. 411)
The Senate bill contained a provision (sec. 411) that
would authorize the following end strengths for Selected
Reserve personnel of the Armed Forces as of September 30, 2020;
the Army National Guard of the United States, 336,000; the Army
Reserve, 189,500; the Navy Reserve, 59,000; the Marine Corps
Reserve, 38,500; the Air National Guard of the United States,
107,700; the Air Force Reserve, 70,100; and the Coast Guard
Reserve, 7,000.
The House amendment contained an identical provision
(sec. 411).
The conference agreement contains this provision.
End strengths for Reserves on active duty in support of the reserves
(sec. 412)
The Senate bill contained a provision (sec. 412) that
would authorize the following end strengths for Reserves on
Active Duty in support of the reserve components as of
September 30, 2020; the Army National Guard of the United
States, 30,595; the Army reserve, 16,511; the Navy Reserve,
10,155; the Marine Corps Reserve, 2,386; the Air National Guard
of the United States, 22,637; the Air Force Reserve, 4,431.
The House amendment contained an identical provision
(sec. 412).
The conference agreement include this provision.
End strengths for military technicians (dual status) (sec. 413)
The Senate bill contained a provision (sec. 413) that
would authorize the following end strengths for military
technicians (dual status) as of September 30, 2020; the Army
National Guard of the United States, 22,294; the Army Reserve,
6,492; the Air National Guard of the United States, 13,569; and
the Air Force Reserve, 8,938.
The provision would also prohibit under any circumstances
the coercion of a military technician (dual status) 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. The
provision would further specify that if a technician declines
to participate in such a realignment or conversion, no further
action may be taken against the individual or the individual's
position. The provision would require the Chief of the National
Guard Bureau to certify by January 1, 2020, to the Committees
on Armed Services of the Senate and House of Representatives
the number of positions realigned from military technician
(dual status) to a position in the Active, Guard, and Reserve
(AGR) program of the Air National Guard during fiscal year
2019.
Finally, the provision would specify that if the number
so certified is less than 3,190, that the authorized strength
for Air National Guard military technicians be increased by the
difference between the number certified and 3,190 (with a
maximum increase of 2,292) and that authorized AGR strength for
the Air National Guard be decreased by that same amount.
The House amendment contained a similar provision (sec.
413).
The House recedes with an amendment that would authorize
the minimum number of military technicians (dual status) on the
last day of fiscal year 2020 for the reserve components of the
Army and the Air Force.
Maximum number of reserve personnel authorized to be on active duty for
operational support (sec. 414)
The Senate bill contained a provision (sec. 414) that
would authorize the maximum number of reserve component
personnel who may be on Active Duty or full-time National Guard
duty under section 115(b) of title 10, United States Code,
during fiscal year 2020 to provide operational support.
The House amendment contained an identical provision
(sec. 414).
The conference agreement includes this provision.
Authorized strengths for Marine Corps Reserves on active duty (sec.
415)
The Senate bill contained a provision (sec. 415) that
would amend section 12011(a)(1) and section 12012(a) of title
10, United States Code, by adjusting the controlled grade caps
for field grade officers and senior enlisted marines to account
for increased end strength in the Marine Corps Active Reserve
Program. The provision would also expand the field grade
officer and senior enlisted strength tables to allow for future
end strength increases.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
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. 416)
The Senate bill contained a provision (sec. 5401) that
would amend section 12011 of title 10, United States Code, to
increase the number of officers of the Air Force Reserve who
are authorized to serve in the grade of major, lieutenant
colonel, or colonel.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Authorization of Appropriations
Military personnel (sec. 421)
The Senate bill contained a provision (sec. 421) that
would authorize appropriations for military personnel
activities at the levels identified in section 4401 of division
D of this Act.
The House amendment contained an identical provision
(sec. 421).
The conference agreement includes this provision.
Title V--Military Personnel Policy
Subtitle A--Officer Personnel Policy
Maker of original appointments in a regular or reserve component of
commissioned officers previously subject to original
appointment in other type of component (sec. 501)
The Senate bill contained a provision (sec. 502) that
would amend section 531 of title 10, United States Code, to
require the Secretary of Defense to make regular officer
transfer appointments onto the Active-Duty list for reserve
officers currently included on the reserve active-status list.
The provision would also amend section 12203 of title 10,
United States Code, to require the Secretary of Defense to make
reserve officer transfer appointments onto the reserve active-
status list for regular officers currently included on the
Active-Duty list.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to the Committees
on Armed Services of the Senate and the House of Representative
on the transfer of officer appointments from the regular to the
reserve component.
Furnishing of adverse information on officers to promotion selection
boards (sec. 502)
The Senate bill contained a provision (sec. 503) that
would modify section 615 of title 10, United States Code, to
expand the grades of officers for which credible information of
an adverse nature must be furnished to a promotion selection
board. In addition, the provision would require that credible
information of an adverse nature be furnished to a promotion
selection board and its members at each stage or phase of the
board, concurrent with the screening, rating, assessment,
evaluation, discussion, or other consideration of the officer
or of the officer's official military personnel file.
The House amendment contained no similar provision.
The House recedes.
Limitation on number of officers recommendable for promotion by
promotion selection boards (sec. 503)
The Senate bill contained a provision (sec. 504) that
would amend section 616 of title 10, United States Code, to
limit the number of officers who may be recommended for
promotion by a promotion selection board to no more than 95
percent of officers who are in a given promotion zone.
The House amendment contained no similar provision.
The House recedes.
Expansion of authority for continuation on active duty of officers in
certain military specialties and career tracks (sec. 504)
The Senate bill contained a provision (sec. 505) that
would correct a technical oversight in section 506 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) by amending section 637a of title 10,
United States Code, to authorize each of the Secretaries of the
military departments to continue certain officers serving in
the pay grades of O-3 and O-4 in an occupational specialty,
rating, or specialty code, as designated by the relevant
secretary, who are not yet retirement eligible but would
otherwise be subject to statutory separation to complete up to
40 years of active service.
The House amendment contained no similar provision.
The House recedes.
Management policies for joint qualified officers (sec. 505)
The House amendment contained a provision (sec. 501) that
would amend section 661 of title 10, United States Code, to
allow the Chairman of the Joint Chiefs of Staff to delegate the
approval authority for non-Joint Qualified Officers to fill
critical joint duty assignments, thus allowing the Chairman's
designee to approve or disapprove waivers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Chairman of the Joint Chiefs of Staff to delegate the approval
authority for non-Joint Qualified Officers to fill critical
joint duty assignment to a general or flag officer who is an
officer of the armed forces in the grade of O-9 or higher.
Modification of authorities on management of deployments of members of
the Armed Forces and related unit operating and personnel tempo
matters (sec. 506)
The Senate bill contained a provision (sec. 515) that
would amend section 991 of title 10, United States Code, to
limit the ability of the Secretary of Defense to delegate
deployment threshold exceptions to Senate-confirmed civilian
officials within the Department of Defense. The provision would
also require the Secretary of Defense to prescribe a separate
policy to track dwell time for reserve members of the Armed
Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would strike
language repealing the authority of the Secretary of Defense to
prescribe alternative definitions of ``deployment.''
Personnel tempo of the Armed Forces and the United States Special
Operations Command during periods of inapplicability of high-
deployment limitations (sec. 507)
The Senate bill contained a provision (sec. 5506) that
would amend section 991 of title 10, United States Code, to
require the Secretary of the military department concerned to
create and maintain specific, measurable, deployment thresholds
whenever a waiver to otherwise required personnel tempo
limitations is in effect.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Permanent authority to defer past age 64 the retirement of chaplains in
general and flag officer grades (sec. 508)
The Senate bill contained a provision (sec. 5510) that
would amend section 1253 of title 10, United States Code, to
permanently authorize the Secretary of the military department
concerned to defer the retirement of an officer serving in a
general or flag officer grade who is the Chief of Chaplains or
Deputy Chief of Chaplains of that officer's armed force.
The House amendment contained no similar provision.
The House recedes.
Higher grade in retirement for officers following reopening of
determination or certification of retired grade (sec. 509)
The Senate bill contained a provision (sec. 506) that
would modify section 1370 of title 10, United States Code, to
require that any increase in the retired grade of an officer
resulting from the reopening of the determination or
certification of that officer's retired grade be made by the
Secretary of Defense, by and with the advice and consent of the
Senate. Any associated modification of the officer's retired
pay would go into effect on the effective date of the increase
in the officer's retired grade and would not be retroactive to
the date of the officer's retirement. The provision would apply
to any increase in retired grade that occurs after the date of
the enactment of this Act, regardless of when the officer
retired.
The House amendment contained no similar provision.
The House recedes.
Authority of promotion boards to recommend that officers of particular
merit be placed higher on promotion list (sec. 510)
The House amendment contained a provision (sec. 503) that
would amend sections 14108, 14109, and 14308 of title 10,
United States Code, to allow for Reserve Component promotion
selection boards to recommend placing an officer on the reserve
active-status list higher on a promotion list based on
particular merit, if at least a majority of the promotion
selection board members so recommend.
The Senate bill contained no similar provision.
The Senate recedes.
Availability on the internet of certain information about officers
serving in general or flag officer grades (sec. 510A)
The Senate bill contained a provision (sec. 507) that
would require each of the Secretaries of the military
departments to make available on a public website certain
biographical, assignment-related information about the
department's general and flag officers, including public notice
when a general or flag officer has been reassigned to a new
duty position. A secretary may decline to publish such
information only for reasons of risk to the individual officer
or to national security, and only after informing the
Committees on Armed Services of the Senate and the House of
Representatives in writing.
The House amendment contained an identical provision
(sec. 504).
The conference agreement includes this provision.
Functional badge or insignia upon commission for chaplains (sec. 510B)
The House amendment contained a provision (sec. 506) that
would require military chaplains to receive a functional badge
or insignia upon commission.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Reserve Component Management
Modification of grade level threshold for Junior Reserve Officers'
Training Corps (sec. 511)
The House amendment contained a provision (sec. 520A)
that would amend section 2031 of title 10, United States Code,
to authorize the Secretary to consider the number of physically
fit students above the 7th grade when establishing a Junior
Reserve Officers' Training Corps (JROTC).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
eligible JROTC students above the 7th grade to be co-located
with the 9th grade participating unit.
Inclusion of STEM in courses of instruction for the Junior Reserve
Officers' Training Corps (sec. 512)
The House amendment contained a provision (sec. 515) that
would amend section 2031 of title 10, United States Code, to
add science, technology, engineering, and mathematics to Junior
Reserve Officers' Training Corps curriculum.
The Senate bill contained no similar provision.
The Senate recedes.
Inclusion of homeschooled students in Junior Reserve Officers' Training
Corps units (sec. 513)
The Senate bill contained a provision (sec. 592) that
would amend section 2031 of title 10, United States Code, to
require public secondary educational institutions that maintain
a Junior Reserve Officers' Training Corps unit to permit
membership in the unit of home-schooled students residing in
the area served by the institution and who would otherwise be
qualified for membership in the unit if they were enrolled in
the institution.
The House amendment contained a similar provision (sec.
520B).
The House recedes.
Clarification of eligibility to serve as Commander, Marine Forces
Reserve (sec. 514)
The House amendment contained a provision (sec. 511) that
would amend section 7038, 8083, 8084, and 9038 of title 10,
United States Code, to require all officers selected to serve
as the chief or commander of their respective service's reserve
command be reserve officers who hold the rank of lieutenant
general, or vice admiral in the case of the Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 8084 of title 10, United States Code, to require
officers selected to serve as the Commander of the Marine
Forces Reserve be a general officer of the Marine Corps
Reserve.
Extension and periodic evaluation of suicide prevention and resilience
program for the reserve components (sec. 515)
The House amendment contained a provision (sec. 520G)
that would strike subsection (g) of section 10219 of title 10,
United States Code, to extend permanently the suicide
prevention and resilience program for the reserve components
and their families.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
such program for 5 years and require the Secretary of Defense
to conduct a program evaluation every third year beginning in
2022, until the program terminates, to determine the
effectiveness of the program.
Authority to defer mandatory separation at age 68 of officers in
medical specialties in the reserve components (sec. 516)
The House amendment contained a provision (sec. 512) that
would amend section 14703 of title 10, United States Code, to
authorize the Secretary concerned to retain Reserve Component
medical specialty officers beyond the age of 68.
The Senate bill contained no similar provision.
The Senate recedes.
Modernization of inspection authorities applicable to the National
Guard (sec. 517)
The Senate bill contained a provision (sec. 1036) that
would amend section 105 of title 32, United States Code, to
authorize the Chief of the National Guard Bureau to conduct
inspections to determine whether units and members of the Army
National Guard and Air Force National Guard comply with Federal
law and policy applicable to the National Guard.
The House amendment contained no similar provision.
The House recedes with an amendment that would amend
section 105 of title 32, United States Code, to authorize the
Chief of the National Guard Bureau to have inspections made by
commissioned officers of the National Guard on behalf of the
Secretary of the Army or the Secretary of the Air Force. Any
inspections made under this authority may be made only with the
approval of the Secretary of the Army or the Secretary of the
Air Force.
Consultation with Chief of the National Guard Bureau in the appointment
or designation of National Guard property and fiscal officers
(sec. 518)
The Senate bill contained a provision (sec. 1038) that
would amend section 708 of title 32, United States Code, to
require the Chief of the National Guard Bureau, subject to the
approval of the secretary of the military department concerned,
to assign, designate, or detail property and fiscal officers
for each State, each territory, and the District of Columbia.
The House amendment contained no similar provision.
The House recedes with an amendment that would amend
section 708 of title 32, United States Code, to require the
Governor of each State, the Commonwealth of Puerto Rico, Guam,
and the Virgin Islands, and the commanding general of the
National Guard of the District of Columbia to consult the Chief
of the National Guard Bureau in appointing a qualified
commissioned officer to be the property and fiscal officer of
that jurisdiction.
Coast Guard Junior Reserve Officers' Training Corps (sec. 519)
The House amendment contained a provision (sec. 520) that
would authorize the Secretary of the department in which the
Coast Guard is operating to establish a Junior Reserve
Officers' Training Corps unit in co-operation with Lucy Garrett
Beckham High School, Charleston County, South Carolina.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 3 of title 14, United States Code, to authorize the
Secretary of the department in which the Coast Guard is
operating to establish and maintain a Junior Reserve Officers'
Training Corp at public and private secondary educational
institutions.
Repeal of requirement for review of certain Army Reserve officer unit
vacancy promotions by commanders of associated active duty
units (sec. 520)
The Senate bill contained a provision (sec. 511) that
would repeal section 1113 of the Army National Guard Combat
Readiness Reform Act of 1992, which was included in the
National Defense Authorization Act for Fiscal Year 1993 (Public
Law 102-484). This section required the review of a recommended
unit vacancy promotion of an officer in the Selected Reserve by
the commander of the Active-Duty unit associated with the
Selected Reserve unit of that officer.
The House amendment contained an identical provision
(sec. 513).
The conference agreement includes this provision.
Report on methods to enhance domestic response to large scale, complex
and catastrophic disasters (sec. 520A)
The House amendment contained a provision (sec. 520E)
that, not later than 180 days after the enactment of this Act,
would require the Secretary of Defense, in consultation with
the Federal Emergency Management Agency, the National Security
Council, the Council of Governors, and the National Governors
Association, to submit a report on their plan to establish
policy and processes to implement the authority provided by the
amendments made by section 520.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report and briefing on the Senior Reserve Officers' Training Corps
(sec. 520B)
The Senate bill contained a provision (sec. 5507) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House of
Representatives on the feasibility and advisability of
expanding the Senior Reserve Officers' Training Corps (ROTC) to
include distance learning programs and community colleges. The
provision would also require a briefing on the effect of
prohibitions on closing certain ROTC detachments.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress on increase in number of Junior Reserve Officers'
Training Corps units (sec. 520C)
The House amendment contained a provision (sec. 518) that
would express the sense of Congress regarding support for 3,700
Junior Reserve Officers' Training Corps units nationwide.
The Senate bill contained a similar provision.
The Senate recedes with an amendment that would remove
all findings from the provision.
Subtitle C--General Service Authorities and Correction of Military
Records
Advice and counsel of trauma experts in review by boards for correction
of military records and discharge review boards of certain
claims (sec. 521)
The Senate bill contained a provision (sec. 548) that
would include social workers in the category of health care
professionals whose diagnosis that a current or former
servicemember is experiencing or has experienced post-traumatic
stress disorder, traumatic brain injury, or another mental
health disorder, must be accorded consideration by a board for
the correction of military records or discharge review board in
the matter of that member.
Further, the provision would include social workers in
the category of health care professionals authorized to render
a medical advisory opinion to a board for the correction of
military records, or to be a member of a discharge review board
considering the application of such a servicemember.
The Senate bill also included a provision (sec. 549) that
would expand the types of cases in which boards for the
correction of military records and discharge review boards must
accord liberal consideration to the evidence presented by a
servicemember or former servicemember, to include cases in
which post-traumatic stress disorder or traumatic brain injury
related to sexual trauma, intimate partner violence, spousal
abuse, or combat serves as all or part of the justification for
the member or former member's application to the board for
relief.
Further, the Senate bill included a provision (sec. 550)
that would require a board for the correction of military
records or a discharge review board reviewing a case in which a
current or former servicemember's request for relief is based
on post-traumatic stress disorder or traumatic brain injury, to
seek advice and counsel from a psychiatrist, psychologist, or
social worker with training on like mental health issues. The
provision would further require that, if an applicant asserts
sexual trauma, intimate partner violence, or spousal abuse, the
board must seek advice and counsel from an expert in trauma
specific to those adverse experiences.
The House amendment included a provision (sec. 530D) that
would require a board for the correction of military records or
a discharge review board considering a servicemember's request
for relief that is grounded in post-traumatic stress disorder
or traumatic brain injury, to seek advice and counsel from a
psychiatrist, psychologist, or social worker with training on
mental health issues associated with those diagnoses. If any
such board is reviewing a claim in which sexual trauma,
intimate partner violence, or spousal abuse is claimed, the
board is mandated to seek advice from an expert in trauma
specific to such adverse experiences.
The Senate recedes with a technical amendment.
Reduction in required number of members of discharge review boards
(sec. 522)
The Senate bill contained a provision (sec. 547) that
would amend section 1553 of title 10, United States Code, to
reduce the minimum number of members comprising a Discharge
Review Board from five to three.
The House amendment contained no similar provision.
The House recedes.
Establishment of process to review a request for upgrade of discharge
or dismissal (sec. 523)
The House amendment contained a provision (sec. 521) that
would require the Secretary of Defense to establish a board of
discharge appeals to hear appeals of requests for upgraded
discharges and dismissals that had been denied by the service
review agencies. The provision also would require the Secretary
to submit a report not later than April 1, 2021, on data based
on the appeals heard by the board, and to publish the
information online annually beginning on October 1, 2022.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish a process by which to
conduct a final review of a request for an upgrade in the
characterization of a discharge or dismissal, after the
petitioner had exhausted all remedies available at a military
department board for the correction of military or naval
records or discharge review board. The amended provision would
direct the Secretary to make use of existing organizations,
boards, processes, and personnel of the Department of Defense,
to the greatest extent practicable, in establishing and
implementing the review process, and would provide that
subsequent to final review, the Secretary of Defense may
recommend, as appropriate, that the secretary of the military
department concerned upgrade the characterization of the
petitioner's discharge or dismissal. Finally, the amended
provision would delay until January 1, 2022, the requirement
that the Secretary of Defense submit to the committees on armed
services of the Senate and the House of Representatives, a
report detailing the outcomes of the review process to that
date, and echoes the requirement for annual online reporting of
outcomes beginning on October 1, 2022.
Prohibition on reduction in the number of personnel assigned to duty
with a service review agency (sec. 524)
The House amendment contained a provision (sec. 522) that
would amend section 1559(a) of title 10, United States Code, to
extend the prohibition on reducing the number of military and
civilian personnel assigned to duty with the service review
agency of a military department until December 31, 2025. This
provision would also require the Secretary of each military
department to submit a report that details that department's
plan to reduce the backlog of applications before the service
review agency and, not later than October 1, 2021, to maintain
the resources required to meet timeliness standards for
disposition of applications before the Corrections Boards under
section 1557 of title 10, United States Code. The report would
be required to be submitted to the Committees on Armed Services
of the Senate and House of Representatives not later than 180
days after the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
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. 525)
The Senate bill contained a provision (sec. 551) that
would expand the types of cases in which boards for the
correction of military records and discharge review boards must
accord liberal consideration to the evidence presented by the
servicemember or former servicemember in support of an
application to the board and/or grant expedited consideration
of such an application to include cases in which post-traumatic
stress disorder or traumatic brain injury related to sexual
trauma, intimate partner violence, spousal abuse, or combat
serves as all or part of the justification for the member or
former member's request for relief.
The House amendment contained a provision (sec. 530E)
that would require that the curriculum of training for members
of boards for the correction of military or naval records and
discharge review boards include training on sexual trauma,
intimate partner violence, spousal abuse, and the various
responses of individuals to trauma.
Further, the provision would require the Secretary of
Defense and the Secretary of Homeland Security to ensure that,
to the extent practicable, the training developed and provided
in this regard is uniform across the Armed Forces.
The Senate recedes.
Time requirements for certification of honorable service (sec. 526)
The House amendment contained a provision (sec. 524) that
would require the secretary of a military department or a
designated commissioned officer serving in the pay grade of O-6
or higher to, upon submission of a completed United States
Citizenship and Immigration Services Form N-426 in the case of
a member of the Armed Forces who has served honorably on Active
Duty, provide certification not later than 5 days thereafter,
and in the case of a member of the Armed Forces who has served
honorably in the reserve component provide certification not
later than 3 weeks thereafter.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to publish regulations governing the
submission and processing of a completed United States
Citizenship and Immigration Services Form N-426. Such
regulations shall designate the appropriate grade of an officer
authorized to certify the form, and establish timeliness
requirements, within which the form must be returned to the
submitting servicemember.
Correction of certain discharge characterizations (sec. 527)
The House amendment contained a provision (sec. 530H)
that would require that, on request of a former servicemember
who was discharged from the Armed Forces because of his or her
sexual orientation, the boards for the correction of military
or naval records and discharge review boards of the applicable
military department would change the discharge characterization
of that member to honorable, if the board's review determined
such change to be appropriate. The provision would require
consistency across the Department of Defense in the manner of
considering such requests, and that the former member be
authorized to use regular processes to appeal a decision by
such a board not to change the characterization of the member's
discharge. Finally, as to each former member whose discharge
characterization is changed, the provision would require the
Secretary of Defense to reissue a revised DD Form 214 that does
not reflect the sexual orientation of the member or the reason
for the member's initial discharge.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would clarify
that a former member covered by this provision may seek review
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, of a decision by the
appropriate board not to change the discharge characterization
of that member.
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. 528)
The House amendment contained a provision (sec. 530A)
that would require the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, to develop guidelines
for the use of unofficial sources of information to determine
the eligibility of a servicemember for benefits and decorations
when the service records are incomplete because of damage to
the records.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop guidelines for the use of
unofficial sources of information to determine the eligibility
of a member or former member of the Armed Forces for
decorations when the service records are incomplete because of
damage.
Strategic plan for diversity and inclusion (sec. 529)
The House amendment contained a provision (sec. 526) that
would require the Secretary of Defense to update and implement
a Department of Defense Diversity and Inclusion Strategic Plan.
The plan would cover a 5-year period beginning January 1, 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to design and implement a 5-year
strategic plan for diversity and inclusion in the Department of
Defense that incorporates existing efforts to promote diversity
and inclusion and is consistent with the objectives of the 2018
National Military Strategy. The amended provision would require
the Secretary to implement the strategic plan for diversity and
inclusion not later than 1 year from the date of the enactment
of this Act.
Study regarding screening individuals who seek to enlist in the Armed
Forces (sec. 530)
The House amendment contained a provision (sec. 530C)
that would require the Secretary of Defense to study the
feasibility of using the Federal Bureau of Investigation Tattoo
and Graffiti Identification Program and National Gang
Intelligence Center, to screen for white nationalists and
individuals with ties to white nationalist organizations as
part of background investigations and security screenings of
individuals who seek to enlist in the Armed Forces.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to study the feasibility of using the
Federal Bureau of Investigation Tattoo and Graffiti
Identification Program and National Gang Intelligence Center to
screen for a variety of extremist and gang-related activity.
Feasibility study regarding notification to Secretary of Homeland
Security of honorable discharges of non-citizens (sec. 530A)
The House amendment contained a provision (sec. 530F)
that would require the Secretary of Defense to provide the
Secretary of Homeland Security with a copy of the Certificate
of Release or Discharge from Active Duty (DD Form 214) issued
to each servicemember who is not a citizen of the United States
and who is honorably discharged from the Armed Forces, not
later than 30 days after the date of such discharge.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to study the feasibility of providing
the Secretary of Homeland Security with a copy of the DD Form
214 of each non-citizen servicemember who is discharged from a
period of Active Duty in the Armed Forces with an honorable
characterization of service, within 30 days of the date of such
member's discharge.
The conferees note that the purpose of the assessment is
to consider whether the proactive transmission of a former
servicemember's DD Form 214 to the Secretary of Homeland
Security within 30 days of discharge promotes accurate and up-
to-date record keeping regarding the immigration status of that
former member. The conferees direct the Secretary of Defense to
provide a report on the results of the assessment to the
Committees on Armed Services of the Senate and the House of
Representatives not later than 180 days after the date of the
enactment of this Act.
Sense of Congress regarding accession physicals (sec. 530B)
The Senate bill contained a provision (sec. 5509) that
would express a sense of Congress that permitting military
accession physicals in local communities would allow military
recruiters to focus on their core recruiting mission and also
reduce cost and increase efficiency at military entrance
processing stations (MEPS).
The House amendment contained a similar provision (sec.
529).
The Senate recedes with an amendment that would express a
sense of Congress that the Secretary of Defense should explore
alternatives to centralized accession physicals at MEPS,
including by conducting such physicals through local community
health care providers.
Subtitle D--Military Justice
Expansion of pre-referral matters reviewable by military judges and
military magistrates in the interest of efficiency in military
justice (sec. 531)
The Senate bill contained a provision (sec. 555) that
would amend Article 30a of the Uniform Code of Military Justice
(10 U.S.C. 830a) to require the President to prescribe
regulations governing proceedings related to an expanded set of
matters that would be authorized to be conducted by military
judges and military magistrates prior to the referral of court-
martial charges. In addition to matters related to
investigative subpoenas, warrants for electronic
communications, and matters referred by an appellate court,
this expanded set of pre-referral matters would include matters
related to the pre-trial confinement of an accused, the mental
capacity responsibility of an accused, and an accused's request
for individual military counsel.
The House amendment contained a similar provision (sec.
540B).
The House recedes with a clarifying amendment.
Command influence (sec. 532)
The House amendment contained a provision (sec. 531) that
would amend section 837 of title 10, United States Code
(article 37 of the Uniform Code of Military Justice), to
prohibit convening authorities and commanding officers from
censuring or admonishing a military court, or any of its
members, the military judge, or counsel, with respect to the
findings or sentence adjudged by the court; from deterring or
attempting to deter a potential witness from participating in
the investigative process or testifying at a court-martial; or
from attempting to coerce or influence the action of a court-
martial or member thereof, in reaching the findings or sentence
in any case, or the actions of the convening, approving, or
reviewing authority. The provision would expressly permit
convening authorities and commanding officers to engage in
general communications with subordinates or to seek advice from
a superior officer on the disposition of alleged violations of
the Uniform Code of Military Justice. The provision would
clarify that no findings of a sentence of a court-martial may
be held incorrect on the grounds of a violation of this
provision unless the violation materially prejudices the
substantial rights of the accused.
The Senate bill contained no similar provision.
The Senate recedes with technical amendments.
Statute of limitations for certain offenses (sec. 533)
The House amendment contained a provision (sec. 532) that
would amend Article 43 of the Uniform Code of Military Justice
(10 U.S.C. 843) to include the offenses of maiming or
kidnapping of a child among those that may be tried and
punished at any time, without limitation. This amendment would
take effect on the date of enactment of this Act and would
apply with respect to the prosecution of such offenses
committed before, on, or after the date of the enactment of
this Act, provided the applicable limitation period has not yet
expired.
The Senate bill contained no similar provision.
The Senate recedes.
Public access to dockets, filings, and court records of courts-martial
or other records of trial of the military justice system (sec.
534)
The Senate bill contained a provision (sec. 559) that
would amend Article 140a of the Uniform Code of Military
Justice (10 U.S.C. 940a) to clarify that the Secretary of
Defense must act in coordination with the Secretary of Homeland
Security to apply to the United States Coast Guard the uniform
standards and criteria governing administration of the military
justice system, including those associated with: (1) The
collection and analysis of data; (2) Case processing and
management; (3) Timely, efficient, and accurate production and
distribution of records of trial; and (4) Facilitating public
access to docket information, filings, and records of court-
martial proceedings. Further, the provision also would clarify
that the Privacy Act (5 U.S.C. 552a) would not apply to courts-
martial information made publicly available in accordance with
Article 140a. Finally, the provision would affirm that the
public access requirement would not apply to court-martial
docket information, filings, or records that are classified,
subject to a judicial protective order, or ordered sealed.
The House amendment contained no similar provision.
The House recedes with an amendment that would maintain
applicability of the Privacy Act to records of trial produced
or distributed within the military justice system, as well as
to docket information, filings, and records made accessible to
the public.
Extension of Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces (sec. 535)
The Senate bill contained a provision (sec. 533) that
would amend section 546(f)(1) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to extend the term of the
Defense Advisory Committee on Investigation, Prosecution, and
Defense of Sexual Assault in the Armed Forces (DAC-IPAD) by 5
years.
The House amendment contained a similar provision (sec.
548).
The House recedes.
The conferees request the DAC-IPAD review, as
appropriate, whether other justice programs (e.g., restorative
justice programs, mediation) could be employed or modified to
assist the victim of an alleged sexual assault or the alleged
offender, particularly in cases in which the evidence in the
victim's case has been determined not to be sufficient to take
judicial, non-judicial, or administrative action against the
perpetrator of the alleged offense.
Further, the conferees recognize the importance of
providing survivors of sexual assault an opportunity to provide
a full and complete description of the impact of the assault on
the survivor during court-martial sentencing hearings related
to the offense. The conferees are concerned by reports that
some military judges have interpreted Rule for Courts-Martial
(RCM) 1001(c) too narrowly, limiting what survivors are
permitted to say during sentencing hearings in ways that do not
fully inform the court of the impact of the crime on the
survivor.
Therefore, the conferees request that, on a one-time
basis, or more frequently, as appropriate, and adjunct to its
review of court-martial cases completed in any particular year,
the DAC-IPAD assess whether military judges are according
appropriate deference to victims of crimes who exercise their
right to be heard under RCM 1001(c) at sentencing hearings, and
appropriately permitting other witnesses to testify about the
impact of the crime under RCM 1001.
Authority for return of personal property to victims of sexual assault
who file a Restricted Report before conclusion of related
proceedings (sec. 536)
The Senate bill contained a provision (sec. 532) that
would amend section 586 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) to require the
Secretary of Defense to prescribe procedures under which a
victim of sexual assault who files a restricted report may, at
any time and on a confidential basis, request the return of the
victim's personal property obtained as part of the sexual
assault forensic examination. Any such request on the part of
the victim would not affect the restricted nature of the
victim's report of sexual assault. The provision also would
require a Sexual Assault Response Coordinator or Sexual Assault
Prevention and Response Victim Advocate to inform the victim of
his or her right to request the return of personal property
under these procedures, but that any such return might
negatively affect a subsequent adjudication of the case, should
the victim later decide to convert the restricted report to an
unrestricted report. The provision would not affect the
requirement to retain a sexual assault forensic examination kit
for the period required in law.
The House amendment contained no similar provision.
The House recedes.
Guidelines on sentences for offenses committed under the Uniform Code
of Military Justice (sec. 537)
The House amendment contained a provision (sec. 533) that
would require the Secretary of Defense to establish non-binding
sentencing guidelines for offenses under the Uniform Code of
Military Justice, taking into account sentencing data collected
by the Military Justice Review Panel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop non-binding guidelines on
sentences for offenses under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), including
suggested ranges of confinement. The provision would require
the Secretary of Defense to submit the sentencing guidelines
developed, together with an assessment of the feasibility and
advisability of implementing such guidelines in panel
sentencing cases, to the Committees on Armed Services of the
Senate and the House of Representatives, not later than 1 year
after the date on which the first report of the Military
Justice Review Panel is submitted, to ensure that development
of the guidelines is informed by sentencing data collected by
the Panel.
Notification of significant events and documentation of preference for
prosecution jurisdiction for victims of sexual assault (sec.
538)
The Senate bill contained a provision (sec. 524) that
would require a commander of a member of the Armed Forces who
is the victim of an alleged sexual assault committed by another
member of the Armed Forces to provide notification to the
victim of every key or other significant event in the military
justice process in connection with the investigation,
prosecution, and confinement of such other member. In cases in
which the member of the Armed Forces alleged to have committed
the sexual assault is subject to prosecution by both court-
martial and by a civilian court under Federal or State law, the
commander of the victim would be required to create and
maintain appropriate documentation of the victim's expressed
preference, if any, of forum for prosecution of the offense.
The Secretary of Defense would be required to prescribe
regulations applicable to the notifications, elections, and
documentation required by the provision.
The House amendment contained a similar provision (sec.
534).
The Senate recedes with an amendment that would require
notification to a victim of each significant event in the
military justice process, and documentation of that
notification, as well as documentation of the victim's
preference for prosecution jurisdiction, in an appropriate
system of records of the military department concerned. The
Secretary of Defense would be required to prescribe regulations
implementing this provision not later than 180 days after the
date of the enactment of this Act, with a view to permitting
the Secretary to determine by whom each such notifications
should be made, the manner of each notification, whether a
victim may elect not to receive such notifications, and how
decisions on the part of the victim should be memorialized,
among other matters.
Increase in number of digital forensic examiners for certain military
criminal investigative organizations (sec. 539)
The Senate bill contained a provision (sec. 557) that
would require each of the secretaries of the military
departments to increase the number of digital forensic
examiners in each military criminal investigative organization
(MCIO) under that secretary's jurisdiction by not fewer than 10
examiners above the baseline number of digital forensic
examiners in each MCIO as of September 30, 2019.
The House amendment contained a similar provision (sec.
536).
The House recedes with a clarifying amendment.
Increase in investigative personnel and Victim Witness Assistance
Program liaisons (sec. 540)
The House amendment contained a provision (sec. 535) that
would require the secretaries of the military departments to
ensure the number of personnel authorizations for criminal
investigators allow for the completion of investigations of
sex-related offenses in no more than 6 months, to the extent
practicable. The provision would require each Secretary to
issue guidance requiring criminal investigators to submit a
status report to their direct supervisor in the event an
investigation exceeds 90 days. The provision also would require
the secretaries of the military departments to increase the
number of personnel serving as Victim Witness Assistance
Program liaisons to address personnel shortages.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the secretaries of the military departments, within 1 year from
the date of enactment of this Act, to increase the number of
personnel assigned to the military criminal investigative
organization of that department, with the goal of ensuring
that, to the extent practicable, the investigation of any sex-
related offense is completed not later than 6 months after the
date on which the investigation is initiated. An investigation
would be deemed complete 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. The
provision would further require each secretary to increase the
number of personnel serving as Victim Witness Assistance
liaisons to address personnel shortages in the program, also
within a period of one year. Finally, the provision would
specify that neither the statement of an aspirational timeline
for the completion of investigations of sex-related offenses,
nor the directive to increase the number of criminal
investigators and Victim Witness Assistance liaisons creates a
cause of action enforceable at law or in equity against the
United States, the Department of Defense, or any person.
Training for sexual assault initial disposition authorities on exercise
of disposition authority for sexual assault and collateral
offenses (sec. 540A)
The Senate bill contained a provision (sec. 523) that
would require comprehensive training for sexual assault initial
disposition authorities, as defined by the April 20, 2012,
Secretary of Defense memorandum, ``Withholding Initial
Disposition Authority Under the Uniform Code of Military
Justice in Certain Sexual Assault Cases,'' on the exercise of
their authorities in such cases, with a view to enhancing the
capabilities of such authorities and promoting trust and
confidence in the military justice system.
The House amendment contained a similar provision (sec.
540).
The Senate recedes with a technical amendment.
Training for commanders in the Armed Forces on their role in all stages
of military justice in connection with sexual assault (sec.
540B)
The Senate bill contained a provision (sec. 525) that
would require training provided to all military commanders to
include comprehensive training on the role of a commander: (1)
In all stages of the military justice process in connection
with sexual assault committed by a member of the Armed Forces,
including investigation and prosecution; (2) In ensuring that a
victim of sexual assault is informed of, and has the
opportunity to obtain, the assistance available by law; (3) In
ensuring that the victim is afforded all rights and protections
authorized under law; (4) In preventing retaliation; (5) In
establishing and maintaining a healthy command climate; and (6)
In any other matters in connection with sexual assault deemed
appropriate by the Secretary of Defense.
The provision would further require that the training
provided to commanders incorporate best practices in all
matters covered. These best practices should be identified and
brought current through periodic surveys and reviews.
The House amendment contained a similar provision (sec.
540C).
The House recedes with a technical amendment.
Timely disposition of nonprosecutable sex-related offenses (sec. 540C)
The House amendment contained a provision (sec. 539) that
would require the Secretary of Defense to develop and implement
a policy to ensure the timely disposition of non-prosecutable
sex-related offenses.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to develop a policy to ensure the
timely disposition of alleged sex-related offenses that a
court-martial convening authority has declined to refer for
trial by a general or special court-martial, due to a
determination that there is insufficient evidence to support
prosecution of the offense. The Secretary would be required to
implement the policy within 180 days of the enactment of this
Act.
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. 540D)
The Senate bill contained a provision (sec. 521) that
would require the Secretary of Defense to promulgate a
comprehensive policy to reinvigorate the prevention of sexual
assault among members of the Armed Forces, within 180 days
after enactment of this Act.
The provision would require inclusion in the
comprehensive policy of programs that: (1) Provide education
and training on the prevention of sexual assault; (2) Promote
healthy relationships; (3) Are designed to empower and enhance
the role of non-commissioned officers in the prevention of
sexual assault; (4) Foster social courage to promote
interventions to prevent sexual assault; (5) Address behaviors
across the continuum of harm; (6) Counter alcohol abuse,
including binge drinking; and (7) Encompass such other matters
as the Secretary of Defense deems appropriate.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Recommendations on separate punitive article in the Uniform Code of
Military Justice on sexual harassment (sec. 540E)
The Senate bill contained a provision (sec. 529) that
would require the Joint Service Committee on Military Justice
to submit to the Committees on Armed Services of the Senate and
the House of Representatives, a report setting forth
legislative and administrative actions required to establish a
punitive article on sexual harassment in the Uniform Code of
Military Justice. The report would be required to be submitted
within 180 days of the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives, not later than 180 days after the date of
enactment of this Act, which report must set forth such
recommendations as the Secretary considers appropriate with
respect to the establishment of a separate punitive article on
sexual harassment in chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).
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. 540F)
The Senate bill contained a provision (sec. 561) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the results of a study
on the feasibility and advisability of an alternative military
justice system in which determinations to prefer or refer
charges for trial by court-martial, for offenses for which the
maximum punishment includes confinement for more than 1 year
under the Uniform Code of Military Justice (Chapter 47 of title
10, United States Code), would be made by a judge advocate
officer in a grade of 0-6 or higher, who has significant
experience in criminal litigation and is outside of the chain
of command of the member of the Armed Forces who is the subject
of the charges, rather than by a commanding officer in the
subject's chain of command. The report would further assess the
feasibility and advisability of conducting a pilot program to
assess any such alternative military justice system, and would
be required to be submitted not later than 300 days after the
date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Report on standardization among the military departments in collection
and presentation of information on matters within the military
justice system (sec. 540G)
The Senate bill contained a provision (sec. 562) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House of
Representatives, describing plans to standardize across the
military departments, to the extent practicable, the collection
and presentation of matters within their military justice
systems, including information collected and maintained to
facilitate public access to court-martial docket information,
filings, and records, and for other purposes set forth in
article 140 of the Uniform Code of Military Justice (10 U.S.C.
940a). In particular, the provision would require the Secretary
to assess the feasibility and advisability of establishing and
maintaining a single, Department of Defense-wide military
justice data management system. The report would be submitted
not later than 180 days after the date of the enactment of this
Act.
The House amendment contained no similar provision.
The House recedes.
Report on expansion of Air Force safe to report policy across the Armed
Forces (sec. 540H)
The Senate bill contained a provision (sec. 528) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments and the Secretary
of Homeland Security, to submit a report to the Committees on
Armed Services of the Senate and House of Representatives,
assessing the feasibility and advisability of applying across
the Armed Forces, the Safe to Report policy currently
applicable only in the Air Force. The report would be required
to be submitted within 180 days of the date of the enactment of
this Act.
The Safe to Report policy currently in effect in the Air
Force provides that a member of the Armed Forces who is a
victim of a sexual assault committed by another member of the
Armed Forces, but who may have committed minor collateral
misconduct at or about the time of the sexual assault or whose
minor collateral misconduct is discovered only as a result of
the investigation of the sexual assault, may report the assault
to authorities without fear or receipt of discipline in
connection with that minor collateral misconduct.
The House amendment contained no similar provision.
The House recedes.
Assessment of racial, ethnic, and gender disparities in the military
justice system (sec. 540I)
The Senate bill contained a provision (sec. 535) that
would require the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces
to conduct a review and assessment of the race and ethnicity of
servicemembers accused, charged, or convicted of certain sexual
offenses.
The House amendment contained a similar provision (sec.
540A) that would require the Secretary of Defense to require
that, as to each court-martial conducted after the date of the
enactment of this Act, the race, ethnicity, gender, and other
such demographic information about the victim and the accused
are recorded, and that data based on this information is
included in the annual military justice reports of the Armed
Forces. Further, in consultation with the secretaries of the
military departments and the Secretary of Homeland Security,
the Secretary of Defense would conduct an evaluation to
identify the causes of any racial, ethnic, or gender
disparities in the military justice system and take appropriate
steps to address them.
The Senate recedes with an amendment that would require
the Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces (or DAC-IPAD)
to conduct certain reviews and assessments regarding the race
and ethnicity of members of the Armed Forces accused, charged
with, and convicted of certain sexual assault offenses, for
each fiscal year in which the Committee assesses completed
court-martial cases. A report on the results of all such
reviews and assessment would be submitted to the Committees on
Armed Services of the Senate and the House of Representatives
not later than one year after the date of the enactment of this
Act.
Pilot programs on defense investigators in the military justice system
(sec. 540J)
The Senate bill contained a provision (sec. 560) that
would require each of the Secretaries of the military
departments to execute a pilot program to determine whether the
presence and utilization of defense investigators makes the
military justice system more fair and efficient and more
effective in determining the truth. Defense investigators
engaged in each secretary's pilot would participate in the
military justice system in a manner similar to that in which
defense investigators participate in civilian criminal justice
systems, and the personnel and activities of pilot program
defense investigators would be uniform across all military
departments, to the extent practicable.
The provision would specify that a defense investigator
participating in the pilot may question a victim only upon a
request made through a Special Victims' Counsel or other
counsel of the victim or the trial counsel.
Further, the provision would require that, not later than
3 years after the date of the enactment of this Act, the
Secretary of Defense submit to the Committees on Armed Services
of the Senate and the House of Representatives a consolidated
report on the defense investigator pilot program with an
assessment of the feasibility and advisability of establishing
and maintaining defense investigators as a permanent element of
the military justice system.
The House amendment contained a similar provision (sec.
537).
The Senate recedes.
Report on preservation of recourse to restricted report on sexual
assault for victims of sexual assault following certain victim
or third-party communications (sec. 540K)
The Senate bill contained a provision (sec. 531) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability of
a Department of Defense policy that would permit the victim of
a sexual assault, when the victim is a member of the Armed
Forces or an adult dependent of such a member, to have a report
of the assault made by the victim to a member of the Armed
Forces in the victim's or victim's sponsor's chain of command,
or to military law enforcement, treated as a restricted report.
A report of the assault made by any individual other than the
victim would be similarly treated. In preparing the report,
which would be due not later than 180 days after the date of
the enactment of this Act, the Secretary would be required to
consult with the Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed Forces.
The House amendment contained a similar provision (sec.
550P).
The House recedes.
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. 540L)
The Senate bill contained a provision (sec. 563) that
would require the Secretary of Defense to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability of
establishing a guardian ad litem program for military
dependents, under 12 years of age or who lack mental or other
capacity, who are victims or witnesses to an offense under the
Uniform Code of Military Justice (Chapter 47 of title 10,
United States Code) that involves an element of abuse or
exploitation. Should the Secretary determine that establishment
of such a program is feasible and advisable, the report must
include a description of: (1) The administrative requirements,
including resources, required for the program; (2) Best
practices, determined in consultation with civilian experts on
child advocacy; and (3) Recommendations for legislative and
administrative action required to implement the program. The
report would be required to be submitted not later than 1 year
after the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
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. 540M)
The Senate bill contained a provision (sec. 537) that
would require the Comptroller General of the United States to
conduct a study of the Armed Forces' implementation of
statutory requirements on sexual assault prevention and
response enacted by 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). The provision also would require the Comptroller
General to submit a report on this study to the Committees on
Armed Services of the Senate and the House of Representatives.
For each statutory requirement the report would include an
assessment of: (1) Whether the requirement has been or is being
implemented; (2) The actions taken by the Armed Forces to
determine whether the actions taken pursuant to each
requirement have proven effective in meeting the intended
objective; and (3) Any other matters deemed appropriate.
Finally, the provision would require the Comptroller General to
provide to the Committees on Armed Services of the Senate and
the House of Representatives, not later than May 1, 2020, one
or more briefings on the status of the study, including any
findings and recommendations generated by the study to date.
The House amendment contained no similar provision.
The House recedes.
Sense of Congress on the Port Chicago 50 (sec. 540N)
The House amendment contained a provision (sec. 1099)
that would express the sense of Congress that: (1) The American
people should recognize the role of racial bias in the
prosecution and convictions of the Port Chicago 50 following
the deadliest home front disaster in World War II; (2) The
military records of each of the Port Chicago 50 should reflect
such exoneration of any and all charges brought against them in
the aftermath of the explosion; and (3) The Secretary of the
Navy should upgrade the general and summary discharges of each
of the Port Chicago 50 sailors to honorable discharges.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would convey
the sense of Congress that the American people should recognize
the role of racial bias during the era in which the prosecution
and conviction of the Port Chicago 50 took place, and that the
Secretary of the Navy should, as appropriate, recommend
executive action in favor of the 49 remaining Sailors with a
general court-martial conviction and the 207 remaining Sailors
with a summary court-martial conviction.
Subtitle E--Other Legal Matters
Improvement of certain Special Victims' Counsel authorities (sec. 541)
The Senate bill contained a provision (sec. 542) that
would expand the legal assistance authorized to be provided by
Special Victims' Counsel to include legal consultation and
assistance in connection with an incident of retaliation,
whether occurring before, during, or after the conclusion of
any criminal proceedings.
The provision would also codify the Special Victims'
Counsel's duty to solicit the preference of a victim of an
alleged sex-related offense as to whether the offense should be
prosecuted by court-martial or in a civilian court with
jurisdiction over the offense and to advise appropriate
military prosecutors of the victim's preference.
Finally, within 120 days of enactment of this Act, the
provision would require the Secretary of Defense to provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives, detailing the manner--including
the additional personnel, resources, and training required--in
which the Department of Defense would extend eligibility for
Special Victims' Counsel services to certain military and
military-affiliated civilian victims of alleged domestic
violence offenses and to certain other civilian victims of an
alleged sex-related or domestic violence offenses, were
expansion of the program to be authorized in law.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
that not later than 4 years after the date of the enactment
this Act, the secretary of each military department shall
ensure that the number of Special Victims' Counsel serving in
that department 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. The amendment
would further remove from this provision the assignment to
Special Victims' Counsel of the responsibility to solicit the
preference of the victim of an alleged sex-related offense with
regard to the forum of prosecution, and would eliminate from
this provision the reporting requirement pertaining to the
extension of Special Victims' Counsel services.
Availability of Special Victims' Counsel at military installations
(sec. 542)
The Senate bill contained a provision (sec. 543) that
would require that, in circumstances in which a Special
Victims' Counsel is not available at a military installation to
provide services to a member of the Armed Forces who requests
such a counsel, such a counsel be made available not later than
72 hours after the member's request.
Further, the provision would require each of the
secretaries of the military departments to submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report assessing the feasibility and
advisability of establishing for each Special Victims' Counsel,
one or more civilian positions to support the counsel and to
ensure continuity and the preservation of institutional
knowledge related to the provision of Special Victims' Counsel
services. The report would be submitted not later than 180 days
after enactment of this Act.
The House amendment contained a similar provision (sec.
550A).
The House recedes with an amendment that would require
that a Special Victims' Counsel be made available for access by
a servicemember who requests such counsel, not later than 72
hours after such a request, and that if the Secretary concerned
determines that exigent circumstances related to military
activities preclude the availability of a Special Victims'
Counsel within the prescribed period, the Secretary shall
ensure that such counsel is made available to the requesting
servicemember as soon as practicable.
Notification of issuance of military protective order to civilian law
enforcement (sec. 543)
The House amendment contained a provision (sec. 543) that
would amend section 1567a of title 10, United States Code, to
require unit commanders to notify civilian authorities of the
issuance of a military protective order against a member of the
Armed Forces, and in the case of the member's transfer to
another unit, to notify the receiving unit of the issuance of a
military protective order.
The provision also would require the Secretary of
Defense, not later than March 1, 2020, and each year thereafter
through 2024, to submit a report to the congressional defense
committees identifying the number of military protective orders
issued and the number of military protective orders reported to
civilian authorities in the prior calendar year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would delay
until March 1, 2021, and extend through 2025, submission by the
Secretary of Defense to the congressional defense committees of
an annual report on military protective orders, which report
would further detail the extent to which the Department is
complying with the requirement to report such orders to
civilian authorities.
Copyright protection for civilian faculty of certain accredited
institutions (sec. 544)
The House amendment contained a provision (sec. 550D)
that would add a section to title 10, United States Code,
providing that for purposes of copyright, a work produced by a
civilian member of the faculty of 12 ``covered institutions''
is only a work of the United States Government if created in
direct support of a lecture, instruction, curriculum
development, or special duty assigned to that civilian faculty
member. The provision would further allow that the Secretary
concerned may require a civilian member of a covered
institution who becomes the owner of a copyright under these
conditions to provide the Federal Government with an
irrevocable, royalty-free, world-wide, nonexclusive license to
use, modify, reproduce, release, perform, display, or disclose
such work for United States Government purposes. The provision
would enumerate the 12 ``covered institutions'': (1) National
Defense University; (2) United States Military Academy; (3)
Army War College; (4) United States Army Command and General
Staff College; (5) United States Naval Academy; (6) Naval War
College; (7) Naval Post Graduate School; (8) Marine Corps
University; (9) United States Air Force Academy; (10) Air
University; (11) Defense Language Institute; and (12) United
States Coast Guard Academy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 105 of title 17, United States Code, to provide that a
civilian faulty member of one of the 12 covered institutions
owns the copyright to a literary work produced by the faculty
member for publication by a scholarly press or journal. The
amendment would further provide that the Secretary of Defense
may direct the faculty member to provide the Federal Government
with an irrevocable, royalty-free, world-wide nonexclusive
license to reproduce, distribute, perform, or display such
literary work for United States Government purposes.
The conferees echo the significant concerns expressed in
the 2018 National Defense Strategy (NDS) about the degraded
state of Department of Defense Professional Military Education
(PME). The NDS acknowledged, ``PME has stagnated, focused more
on the accomplishment of mandatory credit at the expense of
lethality and ingenuity.'' The conferees view the instant
provision as a small step toward overarching PME reform. The
conferees encourage the Secretary of Defense to publish policy
guidance to ensure the consistent implementation of this
provision across all covered institutions. Further, with a view
to measuring the effects of this provision, the conferees
request that not later than January 31, 2022, the Department of
Defense provide a report to the Committees on Armed Services of
the Senate and House of Representatives detailing: (1) Since
enactment of this provision, how many copyrights vested in
civilian faculty members at each of the 12 covered
institutions; (2) How many civilian faculty members in whom
such a copyright vested published a literary work in a
scholarly press or journal, by covered institution; and (3)
Real world examples of the ways in which this provision has
improved the recruitment and retention of civilian faculty
members at each covered institution.
Termination of leases of premises and motor vehicles of servicemembers
who incur catastrophic injury or illness or die while in
military service (sec. 545)
The Senate bill contained a provision (sec. 6007) that
would amend section 3955 of title 50, United States Code,
allowing a spouse of a servicemember who incurs a catastrophic
injury or illness during a period of military service while
performing full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training to terminate the lease
of a premises or motor vehicle.
The House amendment contained an identical provision
(sec. 550G).
The conference agreement includes this provision.
Military orders required for termination of leases pursuant to the
Servicemembers Civil Relief Act (sec. 546)
The House amendment contained a provision (sec. 546) that
would amend section 3955 of title 50, United States Code, to
clarify that, in the context of terminating residential or
motor vehicle leases, military orders for a permanent change of
station include separation or retirement orders.
The Senate bill contained no similar provision.
The Senate recedes.
Preservation of right to bring class action under Servicemembers Civil
Relief Act (sec. 547)
The House amendment contained a provision (sec. 550J)
that would amend section 802(a) of the Servicemembers Civil
Relief Act (Public Law 109-189) to clarify that individuals
covered by the Servicemembers Civil Relief Act are entitled to
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.
The Senate bill contained no similar provision.
The Senate recedes.
Legal counsel for victims of alleged domestic violence offenses (sec.
548)
The Senate bill contained a provision (sec. 541) that
would authorize the secretaries of the military departments to
provide Special Victims' Counsel services to certain military
and military-affiliated civilian personnel who are the victims
of an alleged domestic violence offense, if a given secretary
determines that resources are available for this purpose
without impairing capacity to provide such services to the
victims of alleged sex-related offenses already authorized by
law to receive them. The provision also would authorize a given
secretary to extend the provision of Special Victims' Counsel
services, under the same terms and conditions, to certain
civilian persons who are the victims of an alleged sex-related
offense or alleged domestic violence offense, but who are not
currently authorized to receive such services.
The House amendment contained a similar provision (sec.
542) that would expand the Special Victims' Counsel program to
cover domestic violence victims and to include designated
Special Victims' Counsel paralegals. This provision would also
require expansion of the Special Victim's Counsel program not
later than two years after the date of enactment of this Act,
and would mandate a report, due to Congress not later than
December 1, 2022, assessing military service compliance with
Special Victims' Counsel program requirements.
The House recedes with an amendment that would require
the Secretary of Defense to carry out a program to provide
legal counsel to victims of alleged domestic violence offenses
who are otherwise eligible for military legal assistance, not
later than December 1, 2020. The program may be part of another
program or established separately. The Secretary of Defense
would be required to ensure that program counsel receive
specialized training in the legal issues commonly associated
with alleged domestic violence offenses and, to the extent
practicable, serve in the program for a period of no less than
two years. Further, the Secretary would ensure that counsel are
supported by sufficient trained paralegal support. In a report
due to the Committees on Armed Services of the Senate and the
House of Representatives not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense would
provide: (1) A description of the manner in which the
Department will implement the required program; (2) Describe
any additional personnel, resources, and training needed; and
(3) Make recommendations for any modifications to law that may
be necessary to carry out the program effectively.
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. 549)
The Senate bill contained a provision (sec. 526) that
would require the Secretary of Defense to promulgate
regulations to require a commander who determines not to refer
a case of alleged sexual assault for trial by court-martial to
provide the victim with notification, no less frequently than
monthly, of the status of any further action in the case,
including non-judicial punishment, administrative action, or no
action, until a final determination of such further action is
made.
The House amendment contained an identical provision
(sec. 550B).
The conference agreement includes this provision.
Treatment of information in Catch a Serial Offender Program for certain
purposes (sec. 550)
The Senate bill contained a provision (sec. 530) that
would exclude reports filed with the Catch a Serial Offender
Program from application of the Freedom of Information Act (5
U.S.C. 552). Further, the provision would make plain that
transmittal or receipt of a restricted report of sexual assault
to or by the Catch a Serial Offender Program would not
terminate the report's treatment or status as restricted.
The House amendment contained a similar provision (sec.
550O).
The House recedes with an amendment that would specify
that victim disclosures under the Catch a Serial Offender
Program shall be withheld from public disclosure under
paragraph (b)(3) of the Freedom of Information Act (5 U.S.C.
552).
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. 550A)
The Senate bill contained a provision (sec. 556) that
would require the Secretary of Defense to establish policies
and procedures for the registration at military installations
of any civilian protective order issued against: (1) A member
of the Armed Forces assigned to the installation; (2) A
civilian employee employed at the installation; or (3) A spouse
or intimate partner of a member of the Armed Forces on Active
Duty assigned to the installation or of a civilian employee
employed at the installation.
The provision would specify that the policies and
procedures established by the Secretary must include a
requirement for notice between and among the commander,
installation military law enforcement elements, and military
criminal investigative elements, whenever such a civilian
protective order is registered. The provision would require
that a failure to register a civilian protective order may not
be offered as justification for a lack of enforcement of the
order by military law enforcement and other personnel who have
knowledge of it.
Further, the provision would require that, as soon as
practicable after establishing the requisite policies and
procedures, the Secretary of Defense submit to the Committees
on Armed Services of the Senate and the House of
Representatives a letter describing the policies and procedures
established and certifying that they have been implemented on
each military installation.
The House amendment contained an identical provision
(sec. 544).
The conference agreement includes this provision.
Defense Advisory Committee for the Prevention of Sexual Misconduct
(sec. 550B)
The Senate bill contained a provision (sec. 534) that
would require the Secretary of Defense to establish and
maintain within the Department of Defense a Defense Advisory
Committee on the Prevention of Sexual Misconduct. The Advisory
Committee would be established not later than 180 days after
the enactment of this Act and would be comprised of not fewer
than 20 members, including persons with expertise in the
prevention of sexual assault and behaviors on the sexual
assault continuum of harm, the prevention of suicide, and the
change in culture of large organizations. The Advisory
Committee would coordinate with the Defense Advisory Committee
on Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces on matters of joint interest and, not later
than March 30 of each year, would submit an annual report on
its activities to the Committees on Armed Services of the
Senate and the House of Representatives.
The House amendment contained a similar provision (sec.
549).
The Senate recedes with an amendment to extend the period
for establishment of the Advisory Committee to one year after
the date of enactment of this Act, and to require that the
Committee include at least one member with expertise in the
prevention of adverse behaviors, including suicide and
substance abuse.
Training for Special Victims' Counsel on civilian criminal justice
matters in the States of the military installations to which
assigned (sec. 550C)
The Senate bill contained a provision (sec. 544) that
would require that, on 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 will
be provided appropriate training on the law and policies
governing criminal justice matters in the State or States in
which the military installation is located. Such training would
include: (1) Victim rights; (2) Protective orders; (3)
Prosecution of criminal offenses; and (4) Sentencing for
conviction of a criminal offense.
The House amendment contained a similar provision (sec.
550C) that would clarify that 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 in which
such offenses will be prosecuted. Further, the House provision
would not apply to a Special Victims' Counsel of the Coast
Guard.
The Senate recedes with an amendment that would add
``protective orders'' to the list of State criminal justice
matters about which a Special Victims' Counsel or Victim Legal
Counsel should be provided appropriate training.
Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual exploitation
(sec. 550D)
The House amendment contained a provision (sec. 550N)
that would require the Secretary of Defense to establish an
initiative, not later than 180 days from the date of enactment
of this Act, to improve the capacity of military criminal
investigative organizations to prevent child sexual
exploitation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to establish and execute an initiative
to enhance the capability of military criminal investigative
organizations to prevent and combat child sexual exploitation.
In the context of this initiative, the Secretary of Defense may
work with internal and external functional experts to train
military criminal investigative agents on technologies, tools,
and techniques--like digital forensics--to enhance
investigations of child sexual exploitation, and on evidence-
based forensic interviewing of child victims. Further, to the
extent authorized by law, the Secretary may, as part of this
initiative, collaborate with Federal, State, local, and other
civilian law enforcement agencies on issues relating to child
sexual exploitation; assist in educating the military community
on the prevention and response to child sexual exploitation;
and carry out such other activities as the Secretary deems
relevant.
Feasibility study on establishment of database of military protective
orders (sec. 550E)
The House amendment contained a provision (sec. 550F)
that would amend section 101(b) of the National Instant
Criminal Background Check System Improvement Amendments Act of
2007 (34 U.S.C. 40911(b)) to require that not later than three
business days after the final disposition of a judicial
proceeding conducted within the Department of Defense, the
Secretary of Defense make available to the Attorney General
those records that are relevant to a determination of whether a
member of the Armed Forces involved in such proceeding is
disqualified from possessing or receiving a firearm under
subsection (g) or (n) of section 922 of title 18, United States
Code (the Gun Control Act of 1968, as amended, 18 U.S.C. 921-
938), for use in background checks performed by the National
Instant Criminal Background Check System. The provision would
further require the Secretary of Defense to conduct a study and
submit a report 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 the Uniform Code of Military Justice
(Chapter 47 of Title 10, U.S.C.), and 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. Such report must be submitted
to the congressional defense committees no later than 180 days
after the date of enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
that part of the provision that would amend the National
Instant Criminal Background Check System Improvement Amendments
Act of 2007. Further, the amendment would add to the matters to
be examined by the study and included in the resultant report,
a requirement to assess how any military protective order
database and process for the issuance of a military protective
order by a military judge deemed feasible, would differ from
analogous civilian databases and processes, including with
regard to due process and other procedural protections.
The conferees direct the Department of Defense and its
components to take immediate and deliberate action to ensure
strict compliance with standards established in Department of
Defense Instruction 5501.11, Fingerprint Card and Final
Disposition Report Submission Requirements, last updated on
March 30, 2017, and other issuances and policy guidance
applicable to the Defense Department and the military
departments and services, for submission to the Federal Bureau
of Investigation of criminal history information, fingerprints,
case disposition information, and other data pertaining to
certain members of the Armed Forces.
GAO review of USERRA and SCRA (sec. 550F)
The House amendment contained a provision (sec. 545) that
would amend section 4303 of title 38, United States Code, to
render unenforceable any part of a contract or agreement that
would mandate the use of arbitration to resolve a claim under
the Uniformed Services Employment and Reemployment Rights Act
(USERRA), unless all parties consent to arbitration after a
complaint on the specific claim has been filed in court or with
the Merit Systems Protection Board.
The House amendment also contained a provision (sec.
550H) that would provide that any contract with a
servicemember, or a servicemember and the servicemember's
spouse jointly, that provides for the use of arbitration to
resolve a controversy under the contract and the Servicemembers
Civil Relief Act (50 U.S.C. App. 512) (SCRA), arbitration may
be used only if all parties to the matter consent after such
controversy arises.
The Senate bill contained no similar provisions.
The Senate recedes with an amendment that would require
the Comptroller General of the United States to conduct a
review and, not later than January 31, 2021, submit a report to
the Committees on Armed Services of the Senate and House of
Representatives regarding 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 USERRA and SCRA. The
report will: (1) Identify each process by which a servicemember
may assert a claim under, and secure redress for violations of
USERRA and SCRA; (2) Assess each process identified under
prescribed criteria; (3) Determine the extent to which each
process identified achieved a final disposition favorable to
the servicemember; (4) Assess general societal trends in the
use of mandatory arbitration clauses in employment and consumer
agreements; and (5) Assess the effects of mandatory arbitration
clauses in employment or consumer agreements on military
readiness and deployability, as well as on the willingness of
employers to employ, and consumer service businesses to provide
services to servicemembers and their families.
Subtitle F--Member Education
Authority for detail of certain enlisted members of the Armed Forces as
students at law schools (sec. 551)
The Senate bill contained a provision (sec. 567) that
would modify section 2004 of title 10, United States Code, to
permit the detail of certain enlisted members, in addition to
officers as authorized by current law, as students at law
schools for a period of training leading to a juris doctor
degree. The provision would limit the number of enlisted
persons and officers so detailed to 25 per year and would
retain the requirement for the competitive selection of
detailees. To qualify for such detail, an enlisted person must:
(1) Have served on Active Duty for not less than 4 and nor more
than 8 years; (2) Be in the pay grade E-5, E-6, or E-7 as of
the time law school training begins; (3) Meet all requirements
for acceptance of a commission as a commissioned officer in the
Armed Forces; (4) Agree to accept transfer to be a judge
advocate, upon completion of law school; and (5) Agree to serve
on Active Duty for a period of 2 years for each year or partial
year of legal training received.
The House amendment contained a similar provision (sec.
551).
The House recedes.
Inclusion of Coast Guard in Department of Defense STARBASE Program
(sec. 552)
The House amendment contained a provision (sec. 555) that
would amend section 2193b of title 10, United States Code, to
include the Coast Guard in the Department of Defense's Starbase
program.
The Senate bill contained no similar provision.
The Senate recedes.
Degree granting authority for United States Army Armament Graduate
School; limitation on establishment of certain educational
institutions (sec. 553)
The House amendment contained a provision (sec. 556) that
would amend chapter 751 of title 10, United States Code, to
authorize the United States Army Armament Graduate School to
confer appropriate degrees upon graduates who meet the degree
requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add a new
section to chapter 101 of title 10, United States Code,
requiring the Secretary of Defense to notify the congressional
defense committees at least one year before establishing a new
post-secondary educational institution.
Prohibition on off-duty employment for cadets and midshipmen completing
obligated service after graduation (sec. 554)
The House amendment contained a provision (sec. 560C)
that would amend section 7453, 8467, and 9453 of title 10,
United States Code, to require graduates of military service
academies to be appointed as a Regular second lieutenant or
ensign in the Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 7448, 8459, and 9448 of title 10, United States Code,
to prohibit service academy graduates from seeking or accepting
approval for off-duty employment as a professional athlete
before completing at least two consecutive years of
commissioned service.
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. 555)
The House amendment contained a provision (sec. 558) that
would amend sections 7461, 8480, and 9461 of title 10, United
States Code, and would direct the secretaries of the military
departments to establish regulations, based on guidelines
provided by the Secretary of Defense, for the timely
consideration of an application for transfer of a military
service academy cadet or midshipman who is the victim of an
alleged sexual assault or related offense, to another military
service academy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would expand
the options available to a military service academy cadet or
midshipman who is the victim an alleged sexual assault or
related offense, to include requesting transfer to enroll in a
Senior Reserve Officers' Training Corps program affiliated with
another institution of higher education.
Redesignation of the Commandant of the United States Air Force
Institute of Technology as the Director and Chancellor of such
Institute (sec. 556)
The House amendment contained a provision (sec. 559) that
would amend section 9414b of title 10, United States Code, to
redesignate the Commandant of the United States Air Force
Institute of Technology (AFIT) as the Director and Chancellor
of AFIT.
The Senate bill contained no similar provision.
The Senate recedes.
Eligibility of additional enlisted members for associate degree
programs of the Community College of the Air Force (sec. 557)
The House amendment contained a provision (sec. 560) that
would amend section 9415 of title 10, United States Code, to
authorize the Community College of the Air Force (CCAF) to
award associate degrees to enlisted members of services other
than the Air Force who are participating in CCAF affiliated
joint service training and education courses.
The Senate bill contained no similar provision.
The Senate recedes.
Speech disorders of cadets and midshipmen (sec. 558)
The House amendment contained a provision (sec. 560H)
that would require a military academy superintendent to provide
testing for speech disorders to incoming cadets and midshipmen
under the jurisdiction of that superintendent.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the service secretaries to submit a joint report to the
Committees on Armed Services of the Senate and the House of
Representatives, within 180 days of the date of the enactment
of this Act, that provides: (1) The number of cadets and
midshipmen with an identified speech disorder at each academy;
(2) A list of health care and administrative resources
available to such cadets and midshipmen; and (3) A list of the
military positions and specialties pursued by such cadets and
midshipmen.
Requirement to continue provision of tuition assistance for members of
the Armed Forces (sec. 559)
The House amendment contained a provision (sec. 560E)
that would require service secretaries, in fiscal year 2020, to
spend on servicemember tuition assistance at least the amount
appropriated for tuition assistance in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Information on institutions of higher education participating in the
Department of Defense Tuition Assistance Program (sec. 560)
The House amendment contained a provision (sec. 560F)
that would require the Secretary of Defense to make available,
on a publicly accessible Department of Defense website, a list
of higher education intuitions that receive funds under the
Department of Defense Tuition Assistance Program and the amount
of funds received by each institution. The provision would also
require the Secretary of Defense to perform audits of certain
higher education institutions that do not meet certain
standards under section 1099c of title 20, United States Code.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to make public a list of higher
education institutions that receive Department of Defense
tuition assistance funding and the amount of funds received.
Inclusion of information on free credit monitoring in annual financial
literacy briefing (sec. 560A)
The House amendment contained a provision (sec. 560G)
that would require the Secretary of each military department to
ensure the annual financial literacy education briefing
provided to servicemembers includes information on the
availability of free credit monitoring services.
The Senate bill contained no similar provision.
The Senate recedes.
Programs to facilitate the award of private pilot's certificates (sec.
560B)
The House amendment contained a provision (sec. 517) that
would authorize the Department of Defense to create a program
to award scholarships to qualified members of Junior Reserve
Officers' Training Corps units to pursue a private pilot's
certification.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Department of Defense to create a program to award
scholarships for the purpose of pursuing a private pilot's
certification.
Subtitle G--Member Training and Transition
Requirement to provide information regarding benefits claims to members
during TAP counseling (sec. 561)
The House amendment contained a provision (sec. 567) that
would amend section 1142(b) of title 10, United States Code, to
require that servicemembers receive information during
Transition Assistance Program counseling regarding how to file
claims for benefits under laws administered by the Secretaries
of Defense and Veterans Affairs.
The Senate bill contained no similar provision.
The Senate recedes.
Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the Armed
Forces (sec. 562)
The Senate bill contained a provision (sec. 5505) that
would amend section 1143(e) of title 10, United States Code, to
authorize Federal agencies to participate in the SkillBridge
program.
The House amendment contained no similar provision.
The House recedes.
First modification of elements of report on the improved Transition
Assistance Program (sec. 563)
The House amendment contained a provision (sec. 570D)
that would amend section 552(b)(4) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) to include an element on the effectiveness of the
Transition Assistance Program for female servicemembers in the
report required under such section.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Second modification of element of report on the improved Transition
Assistance Program (sec. 564)
The House amendment contained a provision (sec. 593) that
would amend section 552(b)(4) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) to modify the elements of reports of the Transition
Assistance Program required under such section.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on gender-segregated training at Marine Corps Recruit
Depots (sec. 565)
The House amendment contained a provision (sec. 561) that
would prohibit the Commandant of the Marine Corps from
segregating training at the Marine Corps Recruit Depot, Parris
Island, South Carolina, not later than 5 years after the date
of the enactment of this Act and at Marine Corps Recruit Depot,
San Diego, California, not later than 8 years after the date of
the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes.
Assessment of deaths of recruits under the jurisdiction of the
Secretaries of the military departments (sec. 566)
The House amendment contained a provision (sec. 563) that
would require the Inspector General of the Department of
Defense to conduct an assessment of the deaths of recruits at
facilities under the jurisdiction of the Secretary of the Navy
and to assess the effectiveness of the current medical
protocols on training bases. The provision would require the
Inspector General to submit a report to the Committees on Armed
Services of the Senate and the House of Representatives not
later than September 30, 2020, containing the results of the
assessments.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Inspector General to conduct an assessment of the deaths of
recruits at facilities under the jurisdiction of the service
secretaries and to assess the effectiveness of the current
medical protocols on training bases.
Review of Department of Defense training programs regarding
disinformation campaigns (sec. 567)
The House amendment contained a provision (sec. 570) that
would require the Secretary of Defense to establish, not later
than September 30, 2020, a program for training members of the
Armed Forces and employees of the Department of Defense
regarding the threat of disinformation campaigns specifically
targeted at such individuals and the families of such
individuals.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense not later than 120 days after the date
of enactment of this Act to 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 and
to submit the finds of such review not later than 270 days
after the enactment of this Act.
Command matters in connection with transition assistance programs (sec.
568)
The House amendment contained a provision (sec. 595) that
would require each command climate assessment for the commander
of a military installation to include an assessment of the
extent the commander and other command personnel encourage and
support participation in transition assistance programs of
servicemembers. The provision would also require an
installation commander to undergo training on such programs
available to servicemembers.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the training provided to an installation commander, upon
assignment to the installation, to include a module on covered
transition assistance programs available for servicemembers
assigned to the installation.
Machine readability and electronic transferability of Certificate of
Release or Discharge from Active Duty (DD Form 214) (sec. 569)
The House amendment contained a provision (sec. 565) that
would require the Secretary of Defense to modify the DD Form
214 to make it machine readable and electronically
transferable.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense, in the course of modifying the DD
Form 214 to make it machine readable, to also include a
specific block where a servicemember may provide one or more
email addresses.
Records of service for Reserves (sec. 570)
The House amendment contained a provision (sec. 566) that
would require the Secretary of Defense to establish and
implement a standard record of service for members of the
Reserve Component that summarizes the record of service of the
servicemember including dates of Active Duty service.
The Senate bill contained no similar provision.
The Senate recedes.
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. 570A)
The Senate bill contained a provision (sec. 552) that
would require that, before a member of the Armed Forces--who
was the victim of a sex-related, intimate partner violence-
related, or spousal abuse-related offense during the period of
the member's military service, and who has a mental health
condition not amounting to a disability--is separated,
discharged, or released from military service based on that
condition, the diagnosis of the condition must be both
corroborated by a competent mental health care professional at
or above the level of the healthcare professional rendering the
diagnosis and endorsed by the Surgeon General of the military
department concerned. This provision would apply to all
separations, discharges, and releases from the Armed Forces
that occur on or after the date that is 180 days after the date
of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Prohibition on involuntary separation of certain members of the Armed
Forces; consideration of military service in removal
determinations (sec. 570B)
The House amendment contained a provision (sec. 530G)
that would provide that neither a member of the Armed Forces,
nor a former member who was discharged under honorable
conditions, who has received deferred action under the Deferred
Action for Childhood Arrivals program of the Department of
Homeland Security, or who has ``Temporary Protected Status'' in
accordance with section 244 of the Immigration and Nationality
Act, may be involuntarily separated from the Armed Forces,
placed into removal proceedings, or removed from the United
States, solely on the basis of such status.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
that no member of the Armed Forces who possesses a current,
valid Employment Authorization Document issued pursuant to the
June 15, 2012, U.S. Department of Homeland Security Memorandum,
``Exercising Prosecutorial Discretion with Respect to
Individuals who Came to the United States as Children'', or who
is currently in a temporary protected status under section 244
of the Immigration and Nationality Act (8 U.S.C. 1254a) may be
involuntarily separated from the Armed Forces, solely on the
basis of their deferred or protected status.
The amendment would further provide that in evaluating
whether to issue a notice to appear in removal proceedings,
administrative order of removal, or reinstatement of a final
removal order, and in evaluating whether to execute a final
order of removal, evidence that an individual served as a
member of the Armed Forces and the characterizations associated
with of each period of the individual's service shall be
considered by the immigration officer.
Inclusion of question regarding immigration status on preseparation
counseling checklist (DD Form 2648) (sec. 570C)
The House amendment contained a provision (sec. 570G)
that would require the Secretary of Defense to modify the
preseparation counseling checklist for active component, active
Guard Reserve, active Reserve, full time support, and Reserve
program administrator servicemembers (DD Form 2648) to include
a specific block wherein a member of the Armed Forces may
indicate a desire to receive information regarding that
member's immigration status and expedited naturalization.
The Senate bill contained no similar provision.
The Senate recedes.
Counseling for members of the Armed Forces who are not citizens of the
United States on naturalization in the United States (sec.
570D)
The House amendment contained a provision (sec. 570H)
that would require the Secretary concerned to furnish
counseling with regard to how to apply for naturalization to a
member of the Armed Forces under the jurisdiction of that
Secretary, which member is not a citizen of the United States.
The Senate bill contained no similar provision.
The Senate recedes.
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. 570E)
The Senate bill contained a provision (sec. 580) that
would require the Secretary of Defense, within 1 year of the
date of the enactment of this Act, to enter into an agreement
with the American Red Cross to conduct a pilot program to
encourage members of the Armed Forces to designate up to 10
persons to whom certain information regarding the military
service of each such member would be shared. The provision
would require the Secretary, within 2 years after the pilot
program begins, to administer a survey to persons who elected
to receive information under the program to receive feedback on
the quality of the information they received. Finally, the
provision would require the Secretary to submit a final report
on the pilot program to the congressional defense committees
within 3 years after the program begins.
The House amendment contained a similar provision (sec.
570C).
The House recedes.
Connections of members retiring or separating from the Armed Forces
with community-based organizations and related entities (sec.
570F)
The Senate bill contained a provision (sec. 568) that
would require the Secretaries of Defense and Veterans Affairs
to enter jointly into a memorandum of understanding or other
agreements with State veterans agencies to transmit information
from Department of Defense form DD-2648 on individuals
undergoing retirement, discharge, or release from the Armed
Forces, if elected by such individuals, to provide or connect
veterans to benefits or services.
The House amendment contained no similar provision.
The House recedes.
Pilot program regarding online application for the Transition
Assistance Program (sec. 570G)
The House amendment contained a provision (sec. 570F)
that would authorize the Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Labor jointly to conduct
a pilot program, which would create a one-stop source for
online applications to assist servicemembers and veterans
participating in the Transition Assistance Program.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle H--Military Family Readiness and Dependents' Education
Authorizing members to take leave for a birth or adoption in more than
one increment (sec. 571)
The Senate bill contained a provision (sec. 516) that
would amend section 701 of title 10, United States Code, to
remove the requirement that military leave taken in connection
with the birth or adoption of a child be taken only in one
increment.
The House amendment contained a similar provision (sec.
571).
The House recedes with a clarifying amendment.
Deferred deployment for members who give birth (sec. 572)
The House amendment contained a provision (sec. 572) that
would amend section 701 of title 10, United States Code, to
standardize new mother deployment deferral policy across the
military services, to include the Coast Guard.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to deploy a servicemember who has
given birth within the previous 12 month if such deployment is
determined to be in the interest of national security.
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. 573)
The House amendment contained a provision (sec. 573) that
would amend section 1482(a)(8) of title 10, United States Code,
to authorize transportation of remains of a covered decedent,
and travel and transportation allowances for a single escort to
the place selected by the person designated (designee) to
direct disposition of the remains, or to a national or other
cemetery, which is selected by the Secretary of the Military
Department concerned. Additionally, the provision would
authorize the Secretary concerned to transport the remains to
no more than two places selected by the designee. Finally, the
provision would authorize the Secretary concerned to provide
delivery of remains by air, to the maximum extent practicable,
to an airport nearest to the place selected by the designee.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Military funeral honors matters (sec. 574)
The Senate bill contained a provision (sec. 591) that
would amend section 1491(b) of title 10, United States Code, to
require the Secretaries of the military departments to provide
full military honors for the funeral of a veteran who: (1) Is
first interred or inurned in Arlington National Cemetery after
the date of the enactment of this Act; (2) Was awarded the
medal of honor or the prisoner-of-war medal; and (3) Is not
entitled to full military honors by the grade of that veteran.
Additionally, the provision would require each commander of a
relevant military installation to maintain and carry out a plan
for the provision, upon request, of full military funeral
honors at funerals for veterans for whom funeral honors details
are authorized under section 1491 of title 10, United States
Code. The provision would prescribe elements of the required
plans, including the provision of a gun salute by either
appropriate personnel of the installation, reserve component
members, or members of veterans' organizations or other
organizations referred to in section 1491(b)(2) of such title.
The House amendment contained a provision (sec. 580E)
that would amend section 1491(b) of the same title to require
the Secretaries of the military departments to provide full
military honors for the funeral of a veteran under the same
criteria as section 591 of the Senate bill.
The House recedes with technical amendments.
Improvement of occupational license portability for relocated spouses
of members of the uniformed services (sec. 575)
The Senate bill contained a provision (sec. 577) that
would amend section 1784 of title 10, United States Code, to
require the Secretary of Defense to enter into a cooperative
agreement with the Council of State Governments to assist with
the funding and development of interstate compacts on licensed
occupations.
The House amendment contained a similar provision (sec.
624) that would also guarantee residency for spouses of
servicemembers for the purposes of registering a business.
The Senate recedes with an amendment that would require
the Secretary of Defense to enter into a cooperative agreement
with the Council of State Governments to assist with the
funding and development of interstate compacts on licensed
occupations. The conferees note that the guarantee of residency
for spouses of servicemembers is included in another provision
in this Act.
Continued eligibility for education and training opportunities for
spouses of promoted members (sec. 576)
The House amendment contained a provision (sec. 623) that
would amend section 1784a(b) of title 10, United States Code,
to allow a military spouse eligible for a program under this
section to finish his or her course of education or training
for a degree, license, or credential, regardless of whether the
servicemember to whom the spouse is married is promoted to a
higher grade.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees encourage the Department of Defense to
improve the data collection for military spouse education and
employment programs, to establish a better understanding of
utilization and completion of the programs.
Modification to authority to reimburse for State licensure and
certification costs of a spouse of a servicemember arising from
relocation (sec. 577)
The Senate bill contained a provision (sec. 576) that
would amend section 476(p)(4) of title 37, United States Code,
to extend the authority for reimbursement of state licensure
and certification costs of military spouses arising from
relocation to another State to December 31, 2024.
The House amendment contained a provision (sec. 628) that
would amend section 476(p) of title 37, United States Code, to
authorize the Secretary concerned to reimburse a member of the
uniformed services for qualified relicensing costs of the
spouse of the member, not to exceed $1,000, until December 31,
2024. Additionally, the provision requires an analysis of
whether the maximum reimbursement amount is sufficient to cover
the average costs of relicensing.
The Senate recedes.
Clarification regarding eligibility to transfer entitlement under Post-
9/11 Educational Assistance Program (sec. 578)
The House amendment contained a provision (sec. 574) that
would amend section 3319 of title 38, United States Code, to
prevent the Secretary of Defense from imposing a limit on
transferability of Post-9/11 GI Bill benefits based on maximum
number of years of service.
The Senate bill contained no similar provision.
The Senate recedes. The conferees note the provision
authorizing some servicemembers to transfer their education
benefit was originally included as part of the Post-9/11
Veterans' Educational Assistance Act of 2008 (Public Law 110-
252) to serve as a retention incentive. Section 3319 of title
38, United States Code, is explicit in stating the purpose of
the transferability provision is to ``promote recruitment and
retention in the uniformed services.'' Therefore, the conferees
fully expect the Department of Defense to require that any
servicemember who requests, and is authorized, to transfer
their education benefits serve the mandated four additional
years as a member of the uniformed services. This payback
period should be applied in all cases, regardless of when a
servicemember actually elects to transfer their benefits.
While this provision prohibits the Department of Defense
from imposing a general limit on transferability based on the
number of years served, the overall authority on whether to
grant an individual servicemember's request to transfer
benefits remains entirely at the service secretary's
discretion. The conferees encourage service secretaries to
develop policies that properly treat transferability as one of
many possible recruiting and retention tools to attract and
keep high-quality servicemembers.
Annual State report card (sec. 579)
The Senate bill contained a provision (sec. 5501) that
would amend section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965.
The House amendment contained an identical provision
(sec. 576).
The conference agreement includes this provision.
Improvements to child care for members of the Armed Forces (sec. 580)
The Senate bill contained a provision (sec. 579) that
would clarify section 559(e) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) by
including family childcare coordinator services and school age
childcare coordinator services in the direct hire authority.
The House amendment contained a provision (sec. 629) that
would: (1) Expand the authority to provide financial assistance
to civilian providers of child care services or youth program
services that provide services to survivors of members of the
Armed Forces who die in the line of duty; (2) Expand the direct
hire authority for childcare service providers; (3) Require the
Secretary of Defense to conduct an assessment of financial
assistance provided to civilian childcare providers; (4)
Require the Secretary of Defense to conduct an assessment of
childcare capacity on military installations and require
remedial action to alleviate the waiting lists for childcare if
necessary; (5) Require the Secretary of Defense to conduct an
assessment of the accessibility of websites of the Department
of Defense related to childcare and spousal employment; and (6)
Ensure the portability of background investigations and
training certifications for childcare providers employed by the
Department of Defense when such providers are transferred to
another Department facility.
The Senate recedes with an amendment that would clarify
the direct hire authority for Department of Defense childcare
development centers to include family childcare coordinator
services and school age childcare coordinator services.
Additionally, the provision would require the Secretary of
Defense to take remedial action if necessary to reduce waiting
lists for childcare at military installations and to provide a
report to the Committees on Armed Services of the Senate and
the House of Representatives on any action taken or any
additional resources necessary to increase access to childcare.
The provision would also require a review of the assessments
conducted by the Secretary under this provision by the
Comptroller General of the United States.
Transportation of remains of casualties; travel expenses for next of
kin (sec. 580A)
The House amendment contained a provision (sec. 577) that
would amend section 562 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364) to
require the Secretary of Defense to extend travel privileges
via international travel authorization to family members of
servicemembers who die outside of the United States and whose
remains are returned to the mortuary facility at Dover Air
Force Base, Delaware.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Meetings of officials of the Department of Defense with representative
groups of survivors of deceased members of the Armed Forces
(sec. 580B)
The House amendment contained a provision (sec. 578) that
would require the Secretary of Defense to direct the service
chiefs and the Chief of the National Guard Bureau to meet
periodically with survivors of deceased members of the Armed
Forces to receive feedback regarding issues affecting
survivors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to direct the service chiefs and the
Chief of the National Guard Bureau to meet periodically with
representative groups of survivors to receive feedback
regarding issues affecting survivors.
Information and opportunities for registration for voting and absentee
ballot requests for members of the Armed Forces undergoing
deployment overseas (sec. 580C)
The Senate bill contained a provision (sec. 5502) that
would require that not later than 45 days prior to a general
election for Federal office, a Voting Assistance Officer or
other person designated by the secretary of the military
department concerned, shall provide a member of the Armed
Forces with a Federal write-in absentee ballot and instructions
on the use of that ballot in the State in which the member is
registered to vote. The provision also would require that 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 ballot for Federal elections, the member would
be provided a briefing on, and an opportunity to fill out the
official post-card form for absentee voter registration
application and absentee ballot application prescribed in law.
The provision concludes with a Sense of Congress relating to
the use of the Federal write-in absentee ballot.
The House amendment contained a provision (sec. 575) that
would amend section 102(h) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302(h)) to require a
chief State election official, in coordination with local
election jurisdictions, to establish and operate an absentee
ballot tracking program for absentee uniformed voters and
overseas citizen voters.
The House recedes with an amendment that would require a
Voting Assistance Officer or other person designated by the
secretary of the military department concerned, to provide a
Federal write-in ballot to a member of the Armed Forces, upon
the request of that member. Further, 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
ballot, the member would be provided instructions on, and an
opportunity to fill out, the official post-card form.
The conferees urge the Federal government and State
governments to remove all obstacles that would inhibit deployed
servicemembers from voting. Further, the conferees strongly
advocate that States that do not allow servicemembers to use
the Federal write-in absentee ballot as a simultaneous
application and acceptable ballot for Federal elections modify
their laws to permit such use.
Study on two-way military ballot barcode tracking (sec. 580D)
The Senate bill contained a provision (sec. 5503) that
would require the Director of the Federal Voting Assistance
Program of the Department of Defense to 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 similar to the 2016 Military Ballot Tracking Pilot
Program. The provision would further require the Director to
submit a report to Congress, not later than 1 year after the
date of the enactment of this Act, detailing the results of the
feasibility study, together with an estimate of the costs of
conducting a pilot, the organizations that would support the
pilot, and the timeline for the phased implementation of the
pilot program to all military personnel serving overseas.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Director of the Federal Voting Assistance Program to
include in the feasibility study report, a method to determine
under the pilot program if a ballot was counted, and to provide
that information to the servicemember casting the vote, and a
description of the efforts being undertaken to ensure a
reliable and secure military ballot tracking system.
Assistance to schools with military dependent students (sec. 580E)
The Senate bill contained a provision (sec. 571) that
would authorize $40.0 million in Operation and Maintenance,
Defense-wide, for continuation of the Department of Defense
(DOD) assistance program to local educational agencies impacted
by enrollment of dependent children of military members and DOD
civilian employees.
The Senate bill contained another provision (sec. 572)
that would authorize $10.0 million in Operation and
Maintenance, Defense-wide, for impact aid payments for children
with severe disabilities (as enacted by Public Law 106-398; 114
Stat. 1654A-77; 20 U.S.C. 7703a) using the formula set forth in
section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398),
for continuation of DOD assistance to local educational
agencies that benefit eligible dependents with severe
disabilities. Subsection (b) of the provision would allow the
Secretary of Defense to use $5.0 million of the total amount
authorized for payments to local educational agencies with
higher concentrations of military children with severe
disabilities at the Secretary's discretion and without regard
to the formula set forth in section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398).
The House amendment contained a provision (sec. 580) that
would authorize $40.0 million for the purpose of providing
assistance to local educational agencies with military
dependent students and $10.0 million for local educational
agencies eligible to receive a payment for children with severe
disabilities.
The Senate recedes with an amendment that would allow the
Secretary of Defense to use $5.0 million of the total amount
authorized for payments to local educational agencies with
higher concentrations of military children with severe
disabilities at the Secretary's discretion.
First expansion of the My Career Advancement Account program for
military spouses (sec. 580F)
The House amendment contained a provision (Sec. 580B)
that would expand the My Career Advancement Account (MyCAA)
program to allow military spouses participating in the program
to receive financial assistance to pursue a license,
certification, or associate's degree in any career field or
occupation, including both portable and non-portable career
fields.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow
military spouses participating in the MyCAA program the ability
to receive financial assistance for the pursuit of a license,
certification, or associate's degree in any career field or
occupation.
Second expansion of the My Career Advancement Account program for
military spouses (sec. 580G)
The House amendment contained a provision (sec. 580C)
that would expand the Department of Defense My Career
Advancement Account program (MyCAA) to all spouses of enlisted
members of the U.S. Coast Guard.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
eligible spouses of members of the U.S. Coast Guard to
participate in the MyCAA program if the U.S. Coast Guard
reimburses the Department of Defense.
Report on training and support available to military spouses (sec.
580H)
The House amendment contained a provision (Sec. 580D)
that would require a report from the Under Secretary of Defense
for Personnel and Readiness on training and support available
to military spouses.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Personnel and Readiness to
submit a report to the Committees on Armed Services of the
Senate and the House of Representatives on the Department of
Defense's financial literacy programs designed for military
spouses and their efficacy.
Ri'katak Guest Student Program at United States Army Garrison--
Kwajelein Atoll (sec. 580I)
The Senate bill contained a provision (sec. 573) that
would authorize the Secretary of the Army to 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. Under this provision, the Secretary
would be authorized to provide: (1) Classroom instruction; (2)
Extracurricular activities; (3) Student meals; and (4)
Transportation.
The House amendment contained no similar provision.
The House recedes.
Subtitle I--Decorations and Awards
Modification of authorities on eligibility for and replacement of gold
star lapel buttons (sec. 581)
The Senate bill contained a provision (sec. 632) that
would amend section 1126 of title 10, United States Code, to
authorize the Secretary of Defense to determine the eligible
recipients of the gold star lapel button. Additionally, the
provision would authorize the Secretary to replace a lapel
button upon application and without cost.
The House amendment contained a similar provision (sec.
581).
The House recedes.
Standardization of honorable service requirement for award of military
decorations (sec. 582)
The Senate bill contained a provision (sec. 586) that
would amend Chapter 57 of title 10, United States Code, to
standardize the requirement for honorable service for awards of
medals, crosses, bars, and associated emblems.
The House amendment contained no similar provision.
The House recedes.
Authorization for award of the Medal of Honor to John J. Duffy for acts
of valor in Vietnam (sec. 583)
The Senate bill contained a provision (sec. 585) that
would authorize the President, notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to
awarding certain medals to members of the Armed Forces, to
award the Medal of Honor under section 3741 of such title to
John J. Duffy for acts of valor during the Vietnam War.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Review of World War I Valor Medals (sec. 584)
The House amendment contained a provision (sec. 583) that
would require each Secretary concerned to review certain
service records of World War I veterans as recommended for
review by the Valor Medals Review Task Force or another
veterans service organization, to determine whether such
veteran should be awarded the Medal of Honor for valor in World
War I.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
each Secretary concerned to review certain service records of
World War I veterans to determine whether such veteran should
be awarded the Medal of Honor for valor in World War I. The
review will last no longer than 5 years.
The conferees note that the Valor Medals Review Task
Force, jointly established by the United States Foundation for
the Commemoration of the World Wars and the George S. Robb
Centre for the Study of the Great War, has identified World War
I veteran service records for potential review by the
Secretaries concerned. The conferees encourage the Secretaries
of the military departments to consult with the Valor Medals
Review Task Force to identify those service records that
warrant further review to determine whether such veteran should
be recommended for an upgrade to the Medal of Honor for valor.
Subtitle J--Miscellaneous Reports and Other Matters
Clarification of the term ``assault'' for purposes of Workplace and
Gender Relations Surveys (sec. 591)
The House amendment contained a provision (sec. 592) that
would amend section 481 of title 10, United States Code, to
update the Armed Forces Workplace and Gender Relations surveys
and the Department of Defense Civilian Employee Workplace and
Gender Relations Survey to require solicitation of information
about the types and frequency of unwanted sexual contact that
have occurred during the preceding year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
sections 481 and 481a of title 10, United States Code, to
clarify that the term ``assault'', for purposes of questions
posed on Armed Forces Workplace and Gender Relations Surveys
and the Department of Defense Civilian Employee Workplace and
Gender Relations Survey, respectively, should be defined to
include ``unwanted sexual contact.''
Inclusion of certain veterans on temporary disability or permanent
disabled retirement lists in military adaptive sports programs
(sec. 592)
The Senate bill contained a provision (sec. 5601) that
would amend subsection (a)(1) of section 2564a of title 10,
United States Code, to authorize inclusion of servicemembers,
who are eligible to participate in military adaptive sports
programs, and certain veterans on temporary disability or
permanent disabled retirement lists in such programs.
The House amendment contained an identical provision
(sec. 599B).
The conference agreement includes this provision.
Questions in surveys regarding extremist activity in the workplace
(sec. 593)
The House amendment contained a provision (sec. 594) that
would require the Secretary of Defense to include in the
workplace and equal opportunity, command climate, and workplace
and gender relations surveys whether respondents had ever
experienced supremacist activity, extremist activity, or racism
in the workplace.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to include in appropriate surveys
questions about whether a respondent had experienced or
witnessed extremist activity in the workplace, and whether the
respondent had reported such activity to appropriate
authorities.
Study on best practices for providing financial literacy education for
separating members of the Armed Forces (sec. 594)
The House amendment contained a provision (sec. 598) that
would require the Secretary of Defense and the Secretary of
Veterans Affairs to conduct a study on the best practices to
provide financial literacy education for separating members of
the Armed Forces and veterans.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense and the Secretary of the Department in
which the Coast Guard is operating to conduct a study on the
best practices to provide financial literacy education for
separating members of the Armed Forces. The results of the
study shall be reported to the Committees on Armed Services of
the Senate and the House of Representatives.
Report on oversight of authorized strengths of certain grades of
commissioned regular and reserve officers of the Armed Forces
(sec. 595)
The Senate bill contained a provision (sec. 501) that
would amend section 523 of title 10, United States Code, to
require the Congress to authorize annually the number of
officers serving on Active Duty in the grades of major,
lieutenant colonel, and colonel in the Army, Air Force, and
Marine Corps or lieutenant commander, commander, and captain in
the Navy.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to submit a report to the Committees
on Armed Services of the Senate and the House of
Representatives on alternative methods to improve the oversight
of authorized strengths of commissioned regular and reserve
officers of the Armed Forces.
The conferees note the officer strength table was
included as a fundamental feature of the Defense Officer
Personnel Management Act (DOPMA) (Public Law 96-513). The table
was designed to serve as an effective limitation on the number
of mid-grade officers within each service. The House report to
accompany the legislation (H. Rept. 96-1462) explained that the
table would be adjusted over time to align with emerging
officer manpower requirements. However, in practice, the
authorized strength table is rarely updated and it is no longer
linked to strategy or actual officer requirements.
Report on certain waivers (sec. 596)
The House amendment contained a provision (sec. 597) that
would require the Department of Defense to submit an initial
report (within 120 days of the enactment of this Act) and an
annual report for 2 years thereafter, to the Committees on
Armed Services of the Senate and the House of Representatives,
setting forth detailed information about the number of
transgender applicants and serving transgender servicemembers
who, in the prior calendar year, sought and received a waiver
or exception to current Defense Department policy to permit
their enlistment/accession or retention in the military. The
reporting would require the Department to distinguish between
waivers requested by ``exempt'' persons--applicants or
servicemembers ``grandfathered'' under the policies for
military service by transgender persons enacted in June 2016,
and ``non-exempt'' persons--who are subject to the policy on
transgender service that took effect on April 12, 2019.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the data elements required to be included in the report and
would clarify that any report submitted will not include
Personally Identifiable Information or Protected Health
Information.
The conferees note that the new Department of Defense
policy with regard to military service by transgender persons
expressly asserts that ``[t]ransgender persons may seek waivers
or exceptions [to the standards established by DTM-19-004], or
any other standards, requirements, or policies, on the same
terms as any other person.'' As regards a transgender person's
request for a waiver or exception to policy to permit that
individual to serve in the military in other than his or her
biological sex, the Secretaries of the Military Departments may
delegate waiver authority no lower than a Military Service
Personnel Chief. The conferees note that all other waiver
authority vests in the regular Service-designated waiver
authority, affording transgender persons consideration at the
same level of decision-making as persons who are not
transgender.
In determining whether an applicant with a disqualifying
diagnosis of gender dysphoria or history of gender transition
treatment or surgery merits a waiver to permit his or her
service in the military, the conferees encourage Service-
designated waiver authorities to consider such a waiver under
the same circumstances as they would for an applicant who is
not transgender, but has been diagnosed with analogous
conditions or received analogous treatments, presuming the
individual meets all other standards for accession.
Notifications on manning of afloat naval forces (sec. 597)
The Senate bill contained a provision (sec. 518) that
would amend section 525 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
make technical changes to congressional notifications germane
to the manning of afloat naval forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would sunset
such notifications in fiscal year 2025.
Report regarding use of aerial systems of the Department of Defense to
support agencies of States, Territories, and the Federal
Government (sec. 598)
The House amendment contained a provision (sec. 514) that
would direct the Secretary of Defense, within 90 days of
enactment, to issue new guidance that treats the use of
unmanned aircraft systems by the National Guard for covered
activities in a manner no more restrictive than the use of
other aircraft.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense, not later than 180 days after
enactment of this Act, to provide a report on the requirements
for, and policies and procedures governing the use of
Department of Defense manned and unmanned aerial systems to
support States, territories, and other Federal agencies.
The conferees note that the Department of Defense
provides resources, including unmanned and manned aerial
systems, at the request of States, territories, and other
Federal agencies for emergency operations, search and rescue
operations, and Defense support to civil authorities. However,
the conferees note that there is a lack of understanding on the
policy, procedures, and overall availability of these resources
to provide such requested support.
Information for members of the Armed Forces on availability of services
of the Department of Veterans Affairs relating to sexual trauma
(sec. 599)
The House amendment contained a provision (sec. 745) that
would require the Secretary of Defense to use available
mechanisms to inform members of the Armed Forces of their
eligibility for services provided by the Department of Veterans
Affairs. In particular, the Secretary would be required to
ensure that Sexual Assault Response Coordinators and uniformed
victim advocates of the Department of Defense advise members of
the Armed Forces experiencing psychological trauma resulting
from a physical assault of a sexual nature, battery of a sexual
nature, or sexual harassment that occurred while serving on
Active Duty, Active Duty for training, or inactive duty
training, regarding their eligibility for Department of
Veterans Affairs counseling, care, and services.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Authority to issue an honorary promotion to Colonel Charles E. McGee,
United States Air Force (ret.), to the grade of brigadier
general (sec. 599A)
The House amendment contained a provision (sec. 599) that
would authorize the President to issue an honorary commission
promoting, to brigadier general in the Air Force, Colonel
Charles E. McGee, United States Air Force (retired), a
distinguished Tuskegee Airman.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Authority to issue an honorary and posthumous promotion to Lieutenant
Colonel Richard Cole, United States Air Force (ret.), to the
grade of colonel (sec. 599B)
The House amendment contained a provision (sec. 599A)
that would authorize the honorary and posthumous promotion of
Lieutenant Colonel Richard E. Cole, United States Air Force
(retired), to the grade of colonel.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Sense of Congress on the honorable and distinguished service of General
Joseph F. Dunford, United States Marine Corps, to the United
States (sec. 599C)
The Senate bill contained a provision (sec. 5504) that
would express the sense of Congress as to the honorable and
distinguished career of service to the United States of General
Joseph F. Dunford, United States Marine Corps.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees find that: (1) General Joseph F. Dunford
was commissioned as a second lieutenant in the United States
Marine Corps in 1977; (2) Since 1977, General Dunford has
served as an infantry officer at all levels and has held
numerous leadership roles, including Commander of the 5th
Marine Regiment during Operation IRAQI FREEDOM, Commander of
the International Security Assistance Force and United States
Forces-Afghanistan, and Commander, Marine Forces United States
Central Command; (3) General Dunford served as the 32nd
Assistant Commandant of the Marine Corps from October 23, 2010,
to December 15, 2012; (4) General Dunford subsequently served
as the 36th Commandant of the Marine Corps from October 17,
2014, to September 24, 2015; (5) General Dunford became the
highest-ranking military officer in the United States when he
was appointed as the 19th Chairman of the Joint Chiefs of Staff
on October 1, 2015; (6) General Dunford is only the second
United States Marine to hold the position of Chairman of the
Joint Chiefs of Staff; (7) During his nearly 4 years as
Chairman of the Joint Chiefs of Staff, General Dunford
effectively and honorably executed the duties of the office to
the highest levels of honor and integrity; and (8) General
Dunford has an extensive record of impeccable service to the
United States.
LEGISLATIVE PROVISIONS NOT ADOPTED
Grade of Chief of Veterinary Corps of the Army
The House amendment contained a provision (sec. 502) that
would require that the grade of the Chief of the Veterinary
Corps of the Army be a brigadier general.
The Senate bill contained no similar provision.
The House recedes.
Report on rate of maternal mortality among members of the Armed Forces
The House amendment contained a provision (sec. 505) that
would require the Secretary of Defense and the Secretary of the
Department in which the Coast Guard is operating, when not
operating under the Navy, to submit a report to Congress,
within 180 days of the date of the enactment of this Act, on
the rate of maternal mortality among members of the Armed
Forces and their dependents.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 requires the Secretary of Defense to
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives by February 1, 2020,
reporting the rate and incidence of pregnancy-associated
deaths, defined as the death of a woman while pregnant or
during the 1-year period following the date of the end of
pregnancy, and severe maternal morbidities, defined as
unintended outcomes of pregnancy, labor, or delivery that
result in significant short- or long-term consequences to a
woman's health.
JROTC Computer Science and Cybersecurity Program
The House amendment contained a provision (sec. 516) that
would direct the Secretary of Defense to carry out a program to
enhance the preparation of students in Junior Reserve Officers'
Training Corps for careers in computer science and
cybersecurity.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the United States in general, and
the military in particular, currently struggle to find and
produce sufficient numbers of Americans trained to succeed in
computer science and cybersecurity careers. The Junior Reserve
Officers' Training Corp, and programs like it, can serve as
catalysts to overcoming these systemic shortages by providing
an extra-curricular experience to young Americans who
demonstrate a penchant for computer science and related
subjects. The conferees encourage the Secretary of Defense to
partner with other Federal, State, and local organizations in
developing new programs to better prepare the nation's youth
for the workforce of the future.
Sense of Congress regarding the National Guard Youth Challenge Program
The House amendment contained a provision (sec. 519) that
would express the sense of Congress that the National Guard
Youth Challenge Program provides a vital service to at-risk
youth and would encourage the Secretary of Defense to use the
authority provided in section 519 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) to use equipment and facilities of the Department
of Defense in this program.
The Senate bill contained no similar provision.
The House recedes.
The conferees reiterate the importance of the National
Guard Youth Challenge Program and good work the program
accomplishes. Additionally, the conferees continue to encourage
the Secretary of Defense to utilize authority provided by the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 to use Department of Defense equipment for the
purpose of supporting the National Guard Youth Challenge.
Report on expansion of the Close Airman Support team approach of the
Air Force to the other Armed Forces
The Senate bill contained a provision (sec. 519) that
would require a report on the expansion of the Close Airman
Support team approach of the Air Force to the other Armed
Forces.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretaries of the military
departments to submit to the Committees on Armed Services of
the Senate and the House of Representatives a joint report on
the feasibility and advisability of expanding the Close Airman
Support team approach employed by the Air Force for use by the
other Military Services.
National guard support to major disasters
The House amendment contained a provision (sec. 520D)
that would amend section 502 of title 32, United States Code,
to authorize the Secretary concerned to order a member of the
National Guard to perform duties related to operations or
missions authorized by the President or the Secretary of
Defense to respond to large scale, complex, and catastrophic
disasters. The provision would also establish a permanent
authorization of appropriations for sums necessary to carry out
National Guard disaster response if a state of emergency has
been declared by the respective Governor and the President of
the United States.
The Senate bill contained no similar provision.
The House recedes.
Report regarding National Guard Youth Challenge Program
The House amendment contained a provision (sec. 520F)
that would require the Secretary of Defense to submit a report
to the congressional defense committees regarding the resources
and authorities the Secretary determines necessary to identify
the effects on graduates of the National Guard Youth Challenge
Program.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 509 of title 32, United
States Code, already requires the Secretary of Defense to
submit an annual report on the design, conduct, and
effectiveness of the National Guard Youth Challenge Program.
Temporary authority to use Air Force reserve component personnel to
provide training and instruction regarding pilot training
The House amendment contained a provision (sec. 520H)
that would authorize the Secretary of the Air Force to utilize
certain reserve component full time support personnel to
provide pilot training to Active Duty servicemembers and
foreign military personnel who are in the United States.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that reserve component full time
support personnel are expressly provided by law to organize,
administer, recruit, instruct, or train reserve component units
and personnel. To provide an exception to this long-standing
requirement would be to undermine the necessary distinction
between the active and reserve components.
Enactment and expansion of policy on withholding of initial disposition
authority for certain offenses under the Uniform Code of
Military Justice
The Senate bill contained a provision (sec. 522) that
would vest only in a commissioned officer in a grade not below
O-6, who is authorized to convene special courts-martial, the
authority to determine the disposition of specified offenses
under the Uniform Code of Military Justice (Chapter 47 of title
10, United States Code).
Generally, if such an officer's disposition determination
differs from the recommendation made by the officer's legal
advisor, the matter would be referred to a Special Victim
Prosecutor, Senior Trial Counsel, or Regional Trial Counsel not
in the chain of command of the officer making the initial
disposition determination for review and recommendation to a
staff judge advocate in the chain of command. That staff judge
advocate would advise the next superior commander, who would
decide whether to endorse or supersede the initial disposition
determination.
The provision would require the training provided to
commissioned officers in the grades of O-6 and above on the
exercise of such disposition determination authority to include
specific training on sexual harassment, sexual assault, and
family abuse and domestic violence.
The House amendment contained no similar provision.
The Senate recedes.
Advisory Committee on record and service review boards
The House amendment contained a provision (sec. 523) that
would establish a Defense Advisory Committee on Record and
Upgrade Review Boards to advise the Secretary of Defense on the
best structure, practices, and procedures to ensure consistency
of the boards for correction of military records and service
review boards in carrying out their responsibilities under
chapter 79 of title 10, United States Code, and in granting
relief to claimants under that chapter.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on implementation of military service suitability
determinations for foreign nationals who are lawful permanent
residents
The House amendment contained a provision (sec. 525) that
would prohibit the Secretary of Defense from taking any action
to implement the memorandum entitled ``Military Service
Suitability Determinations for Foreign Nationals Who Are Lawful
Permanent Residents'' until the Secretary submits a report on
the justification for the policy changes made by that
memorandum.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
a briefing to the Committees on Armed Services of the Senate
and House of Representatives, not later than 180 days after the
enactment of this Act. The briefing shall include: (1) The
number of lawful permanent residents (LPRs) who apply for
military service; (2) The average length of the military
service suitability determination process for LPRs, as detailed
in the policy memorandum, measured in six month increments
since the policy memorandum was implemented; (3) The number of
LPRs who have not been deemed suitable for enlistment or
accession into the military based on a matter identified during
the process established by the memorandum; (4) A summary of the
most common reasons underlying past determinations that an LPR
is not suitable for military service; and (5) The Department's
plans to improve and expedite the military service suitability
determination process as it relates to LPRs.
Independent Study on barriers to entry into the Armed Forces for
English learners
The House amendment contained a provision (sec. 527) that
would require the Secretary of Defense to seek to enter into a
contract with a federally funded research and development
center to study barriers to entry into the Armed Forces for
English learners.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate report 114-48 directs
the Secretary of Defense to review the effectiveness of current
enlistment testing practices in identifying high-potential
recruits for military service, specifically among the non-
native English speaking population of the United States, in
light of evolving standards and methods in civilian education
of measuring mental ability and academic potential.
The conferees look forward to receiving the Department's
report on this topic.
Reenlistment waivers for persons separated from the Armed Forces who
commit one misdemeanor cannabis offense
The House amendment contained a provision (sec. 528) that
would require the Secretary of Defense to prescribe
regulations, within 90 days of the date of the enactment of
this Act, that would permit any Secretary of a military
department to grant a reenlistment waiver to an individual
previously separated from the Armed Forces who has admitted to,
or been convicted by a court of a single misdemeanor violation
of a Federal or State law relating to the use or possession of
cannabis, which violation occurred while that individual was
not on Active Duty in the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
Recognition and honoring of service of individuals who served in United
States Cadet Nurse Corps during World War II
The House amendment contained a provision (sec. 530) that
would require the Secretary of Defense to determine that the
service of the organization known as the United States Cadet
Nurse Corps during the period beginning on July 1, 1943, and
ending on December 31, 1948, constitutes active military
service.
The Senate bill contained no similar provision.
The House recedes.
Nondiscrimination with respect to service in the Armed Forces
The House amendment contained a provision (sec. 530B)
that would add section 651a to title 10, U.S. Code, to require
the Department of Defense to consider only the ability of an
individual to meet gender-neutral occupational standards for
military service generally and the military occupational
specialty concerned, in particular, in evaluating a candidate
for enlistment/accession. The provision would further require
that any personnel policy developed or implemented by the
Department ensure equality of treatment and opportunity for all
persons in the Armed Forces, without regard to race, color,
national origin, religion, and sex (including gender identity
and sexual orientation). Finally, the provision promulgates a
definition of ``gender identity.''
The Senate bill contained no similar provision.
The House recedes.
Report on mechanisms to enhance the integration and synchronization of
activities of Special Victim Investigation and Prosecution
personnel with activities of military criminal investigative
organizations
The Senate bill contained a provision (sec. 536) that
would require the Secretary of Defense to submit a report on
mechanisms to enhance the integration and synchronization of
activities of Special Victim Investigation and Prosecution
personnel with activities of military criminal investigative
organizations.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide
to the Committees on Armed Services of the Senate and the House
of Representatives, within 180 days from the date of enactment
of this Act, a briefing setting forth proposals to enhance the
integration and synchronization of Special Victim Investigation
and Prosecution personnel with the activities of military
criminal investigative organizations in investigations in which
both may be involved, together with any legislative and
administrative actions required to implement those proposals.
Pilot program on prosecution of special victim offenses committed by
attendees of military service academies
The House amendment contained a provision (sec. 538) that
would require the Secretary of Defense to create and carry out
a pilot program establishing an independent authority outside
of the chain of command to review certain special victim
offenses alleged to have been committed by military service
academy cadets and midshipmen to determine whether such
offenses should be referred to trial by a court-martial
convening authority. This provision would also require the
Secretary of Defense to establish an Office of the Chief
Prosecutor within the Office of the Secretary of Defense, as
part of the pilot program.
The Senate bill contained no similar provision.
The House recedes.
Standard of evidence applicable to investigations and reviews related
to protected communications of members of the Armed Forces and
prohibited retaliatory actions
The House amendment contained a provision (sec. 541) that
would amend section 1034 of title 10, United States Code, to
allow a finding or other determination made under subsections
(c), (d), (g), or (h), to be based on the standards of evidence
specified in section 1221(e) of title 5, United States Code.
The Senate bill contained no similar provision.
The House recedes.
Repeal of 15-year statute of limitations on motions or requests for
review of discharge or dismissal from the Armed Forces
The Senate bill contained a provision (sec. 546) that
would eliminate the 15-year statute of limitations on requests
by or on behalf of a former servicemember for review by a
discharge review board of the member's discharge or dismissal
from the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
Consultation regarding victim's preference in prosecution jurisdiction
The House amendment contained a provision (sec. 547) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
issue guidance to ensure that a sexual assault victim's
preference for prosecution jurisdiction is recorded.
The Senate bill contained no similar provision.
The House recedes.
Safe to Report policy applicable across the Armed Forces
The Senate bill contained a provision (sec. 527) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments and the Secretary
of Homeland Security, to prescribe a Safe to Report policy
applicable to all members of the Armed Forces, across both
active and reserve components, and to cadets and midshipmen at
the military service academies. A Safe to Report policy is one
in which a victim of sexual assault who may have committed
minor collateral misconduct at or about the time of the
assault, or whose minor collateral misconduct is discovered
only as the result of the investigation of the sexual assault,
may report the assault to authorities without fear of
discipline, except in cases in which aggravating circumstances
increase the gravity of the minor collateral misconduct or its
impact on military good order and discipline.
The provision would define minor collateral misconduct as
including: (1) Improper use and possession of alcohol; (2)
Consensual intimate behavior, including adultery or
fraternization; (3) Presence in off-limits areas; and (4) Other
misconduct specified in the regulations promulgated.
The provision would further require that the regulations
promulgated by the Secretary specify the aggravating
circumstances that would increase the gravity of minor
collateral misconduct or its impact on good order and
discipline.
The House amendment contained a similar provision (sec.
550).
The Senate and House recede.
Preliminary inquiry on Arlington National Cemetery burial
The House amendment contained a provision (sec. 550E)
that would require the Department of the Army's General Counsel
to conduct a preliminary inquiry to investigate the burial of
Jack Edward Dunlap at Arlington National Cemetery due to
accusations that Mr. Dunlap supplied the Soviet Union with
intelligence during the Cold War.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the Department of the Army to
consider this case and, if necessary, to take appropriate
action.
Limitation on waiver of rights and protections under Servicemembers
Civil Relief Act
The House amendment contained a provision (sec. 550I)
that would amend section 107(a) of the Servicemembers Civil
Relief Act (Public Law 109-189) to restrict the ability of a
servicemember or other covered individual to voluntarily waive
their rights and protections provided by the Servicemembers
Civil Relief Act.
The Senate contained no similar provision.
The House recedes.
Effective date of rule regarding payday lending protections
The House amendment contained a provision (sec. 550K)
that would require section 1041.4 through 1041.6, 1041.10, and
1041.12(b)(1) through (3) of the final rule published on
November 17, 2017 by the Bureau of Consumer Financial
Protection related to Mandatory Underwriting Provisions to go
into effect on August 19, 2019, with regards to servicemembers,
veterans, and surviving spouses.
The Senate bill contained no similar provision.
The House recedes.
Strengthening civilian and military partnerships to respond to domestic
and sexual violence
The House amendment contained a provision (sec. 550L)
that would require the Comptroller General of the United States
to submit to Congress a report on partnerships between military
installations and civilian domestic and sexual violence
response organizations.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that page 126 of the House Report 116-
120, accompanying H.R. 2500, National Defense Authorization Act
for Fiscal Year 2020, directs the Comptroller General of the
United States to assess and report on the military services'
domestic violence prevention and response programs. The
conferees request that the Comptroller General expand this
assessment to include a review of partnerships between military
installations and civilian domestic and sexual violence
response organizations, the scope of services and support
provided via such partnerships, and their role in a coordinated
community response to domestic and sexual violence in military
families.
Education of Members of the Armed Forces on Career Readiness and
Professional Development
The House amendment contained a provision (sec. 552) that
would require the Secretary of Defense to carry out a program
to provide education on career readiness and professional
development to members of the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the military already provides
numerous opportunities for servicemembers to receive
information on career readiness and professional development.
The Department of Defense should continue to ensure that all
servicemembers are provided opportunities to translate their
military experience into civilian education and certifications
wherever possible.
Defense Language Institute Foreign Language Center
The House amendment contained a provision (sec. 553) that
would amend section 2168 of title 10, United States Code, to
permit the Defense Language Institute to confer Bachelor
degrees, in addition to Associate degrees, to graduates that
meet the appropriate requirements for that degree.
The Senate bill contained no similar provision.
The House recedes.
Liberal consideration of evidence in certain claims by boards for the
correction of military records and discharge review boards
The Senate bill contained a provision (sec. 553) that
would require military department boards for the correction of
military records and discharge review boards to review all
claims relating to a claimant's discharge or dismissal, or the
characterization of that discharge or dismissal, with liberal
consideration of all evidence and information presented by or
on behalf of the former servicemember.
The House amendment contained no similar provision.
The Senate recedes.
The conferees encourage the military department boards
for the correction of military or naval records to apply their
powers of equity broadly to redress injustices in the military
records of a servicemember or former member, and in appropriate
cases--as authorized by law or established in board precedent--
to accord liberal consideration to the evidence and information
presented by or on behalf of the member or former member. In
the view of the conferees, such liberal consideration is
particularly warranted in cases in which official military
records pertinent to the member's application for relief have
been destroyed or are otherwise unavailable, through no fault
of the member.
Expansion of Department of Defense STARBASE Program
The House amendment contained a provision (sec. 554) that
would amend section 2193b of title 10, United States Code, to
expand the Starbase program by including art and design as
technical fields for education of elementary and secondary
children under the program.
The Senate bill contained no similar provision.
The House recedes.
Congressional nominations for Senior Reserve Officers' Training Corps
scholarships
The House amendment contained a provision (sec. 557) that
would allow the Secretary of the Army to consider any candidate
nominated but not selected for appointment to the United States
Military Academy by Members of Congress or officials from U.S.
Territories to be considered for appointment as a Senior
Reserve Officers' Training Corps cadet under section 2107 of
title 10, United States Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Services already have the
authority to ensure qualified military service academy
applicants who do not receive an offer of admission are able to
receive a scholarship through the Reserve Officers' Training
Corps (ROTC). The Secretaries of the military departments are
encouraged to develop creative policies to ensure that those
young Americans who have demonstrated their propensity to serve
in the military by applying to a service academy are able to
qualify for and access ROTC scholarships.
Survey of members of the Armed Forces on their experiences with
military investigations and military justice
The Senate bill contained a provision (sec. 558) that
would require the Secretary of Defense to conduct a periodic
survey--at least once every 4 years but not more frequently
than once every 2 years--to be known as the Military
Investigation and Justice Experience Survey, on the experience
of members of the Armed Forces with military investigations and
military justice. Those surveyed would include members of the
Armed Forces who are victims of an alleged sex-related offense
and who made an unrestricted report of that offense.
Participants would be surveyed on their experience with a
Special Victims' Counsel/Victims' Legal Counsel and, if charges
in the victim's case were referred to court-martial, with the
prosecutor and the court-martial in general.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department already has
implemented a Military Investigation and Justice Experience
Survey, and encourage the Department to continue to enhance
this survey; to monitor trends revealed by survey responses and
data over time; as appropriate, to take action to improve
military investigations, the Special Victims' Counsel/Victims'
Legal Counsel programs, and prosecution processes to address
matters raised by survey responses and data; and to include
information and insights derived from the survey, when salient,
in future briefings and reports to the Congress.
Safe-to-Report policy applicable to military service academies
The House amendment contained a provision (sec. 560A)
that would require the Secretary of Defense to publish
regulations for the implementation of a Safe-to-Report policy,
which would allow the victims of an alleged sexual assault at
the United States Military Academy, United States Naval
Academy, United States Air Force Academy, and the United States
Coast Guard Academy, who may have committed minor collateral
misconduct, an opportunity to report an occurrence of sexual
assault without fear of discipline for that misconduct.
The Senate bill contained no similar provision.
The House recedes.
Recoupment of funds from cadets and midshipmen separated for criminal
misconduct
The House amendment contained a provision (sec. 560B)
that would direct the secretary of each military department to
prescribe regulations to require the Superintendent of a
military service academy to recoup the costs of advanced
education received by a cadet or midshipman who is separated
from the Academy for reasons of criminal misconduct, at any
time prior to graduation.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that in accordance with section 2005
of title 10, United States Code, and section 303a(e) of title
37 of the Code, the secretaries of the military departments
already are vested with authority to recoup the costs of
advanced education at a military service academy from a cadet
who is separated from the academy prior to graduation. As
appropriate, the conferees encourage the secretaries of the
military departments to require cadets and midshipmen separated
from a military service academy for criminal misconduct to
repay the costs of their advanced education, even if the cadet
or midshipman is separated prior to having completed 2 years of
schooling.
Support of military service academy foundations
The House amendment contained a provision (sec. 560D)
that would amend chapter 155 of title 10, United States Code,
to authorize service secretaries to provide support to certain
non-profit fundraising foundations that operate exclusively to
support military service academies.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the primary funding source for
military service academies remains appropriated Federal
dollars. Each academy currently receives significant additional
support from several dedicated non-profit organizations. While
academy superintendents may be formally prohibited from
engaging in fundraising on behalf of these private
organizations, that restriction helps to maintain a healthy
separation between the federally funded military institution
and private organizations that are not subject to Federal
oversight. The conferees are encouraged that the current
arrangement between the academies and their non-profit
fundraising foundations has resulted recently in each academy
opening new, privately funded, facilities for cadet and
midshipmen athletics, character development, and cyber
education.
Medical personnel at Marine Corps recruit depots
The House amendment contained a provision (sec. 562) that
would require the Secretary of the Navy, in coordination with
the Navy Medical Department, to assign medical personnel to the
Marine Recruit Training Regiment at each Marine Corps Recruit
Depot.
The Senate bill contained no similar provision.
The House recedes.
Inclusion of Specific Email Address Block on Certificate of Release or
Discharge from Active Duty (DD Form 214)
The House amendment contained a provision (sec. 564) that
would modify the certificate of release or discharge from
Active Duty (DD Form 214) by adding an email address block.
The Senate bill contained no similar provision.
The House recedes.
Consecutive service of service obligation in connection with payment of
tuition for off-duty training or education for commissioned
officers of the Armed Forces with any other service obligations
The Senate bill contained a provision (sec. 566) that
would amend section 2007 of title 10, United States Code, to
require that an Active-Duty service obligation incurred by an
officer for the acceptance of tuition assistance for off-duty
training or education be served sequentially with any other
service obligation already incurred by the officer.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that section 2007 of title 10, United
States Code, requires officers who accept tuition assistance to
remain on Active Duty for a period of at least two years after
the completion of the education for which tuition assistance
was used. In fiscal year 2018, the Department of Defense
provided tuition assistance to approximately 15,000 Active Duty
commissioned officers at a cost of almost $31 million.
According to the Government Accountability Office, around 10
percent of Army and Navy officers who last used tuition in 2017
are now separated from the military. The median number of years
served after these officer's last use of tuition assistance was
1.6 years for Army officers and only 1.2 years for Navy
officers. These statistics suggest that tuition assistance may
not be serving one of its intended purposes, which is to
provide a valuable benefit in exchange for continued military
service.
Therefore, the conferees direct the Secretary of Defense
in consultation with the secretaries of the military
departments to conduct an analysis of the officer voluntary
tuition assistance program. The analysis should include: (1) An
evaluation of whether the tuition assistance program is serving
as a retention tool; (2) A discussion of the merits of
lengthening or requiring active duty service obligations
incurred as a result of accepting tuition assistance be served
consecutively with other service commitments; and (3) An
assessment of whether those officers who receive a fully funded
bachelor's degree through their commissioning source should be
eligible to receive voluntary tuition assistance funding prior
to the completion of their initial Active Duty service
obligation.
The results of this analysis shall be submitted to the
Committees on Armed Services of the Senate and House of
Representatives by April 1, 2020.
Expansion and renaming of the Troops-to-Teachers Program
The House amendment contained a provision (sec. 568) that
would amend section 1154 of title 10, United States Code, to
expand and rename the Troops-to-Teachers Program.
The Senate bill contained no similar provision.
The House recedes.
Transition outreach pilot program
The House amendment contained a provision (sec. 569) that
would require the Secretary of Defense, in coordination with
the Secretaries of Veterans Affairs, Labor, Education, and
Homeland Security, and the Administrator of the Small Business
Administration, to establish a pilot program through the
Transition to Veterans Program office, within 90 days of the
date of the enactment of this Act, to foster contact between
veterans and the Department of Defense. The pilot program would
terminate by September 30, 2020, and the Secretary would then
submit a report to Congress regarding such program within 90
days of the termination of the program.
The Senate bill contained no similar provision.
The House recedes.
Assessment and study of Transition Assistance Program
The House amendment contained a provision (sec. 570A)
that would require the Secretary of Veterans Affairs to enter
into an agreement with an appropriate entity with experience in
adult education to conduct a 1-year independent assessment of
the Transition Assistance Program (TAP). Additionally, the
provision would require the Secretary, in consultation with the
Secretaries of Defense and Labor and the Administrator of the
Small Business Administration, to conduct a 5-year longitudinal
study regarding TAP on three separate cohorts of discharged
servicemembers.
The Senate bill contained no similar provision.
The House recedes.
Information regarding county veterans service officers
The House amendment contained a provision (sec. 570B)
that would require the Secretary of Defense to ensure that a
separating or retiring member of the Armed Forces may elect to
have Department of Defense form DD-214 sent to the appropriate
county veterans service officer based on the mailing address
provided by the member. The provision would require the
Secretaries of Defense and Veterans Affairs to maintain a
database of all county veterans services officers.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 570F of this bill would
require the Secretaries of Defense and Veterans Affairs to
enter jointly into a memorandum of understanding or other
agreements with State veterans agencies to transmit information
from Department of Defense form DD-2648 on individuals
undergoing retirement, discharge, or release from the Armed
Forces, if elected by such individuals, to provide or connect
veterans to benefits or services.
Notice to separating servicemembers of rights under the Servicemembers
Civil Relief Act
The House amendment contained a provision (sec. 570E)
that would amend section 105 of the Servicemembers Civil Relief
Act (Public Law 109-189) to require service secretaries to
provide notice to individuals who are no longer eligible for
protections provided by the Servicemembers Civil Relief Act not
sooner than 150 days and not later than 180 days after the date
of termination of a period of military service of that
individual.
The Senate bill contained no similar provision.
The House recedes.
The conferees encourage the Department of Defense to
ensure that those servicemembers leaving the military are
provided notice of lost benefits and protections under the
Servicemembers Civil Relief Act.
Modification of responsibility of the Office of Special Needs for
individualized service plans for members of military families
with special needs
The Senate bill contained a provision (sec. 578) that
would amend subparagraph (F) of section 1781(c)(d)(4) of title
10, United States Code, to require the Department of Defense
(DOD) to develop an individualized service plan for military
family members with special needs when requested in connection
to the completion of a family needs assessment.
The House amendment contained no similar provision.
The Senate recedes.
The conferees remain concerned that military family
members with special needs are not receiving individualized
services plans when necessary or requested, and direct the
Secretary of Defense to brief the Committees on Armed Services
of the Senate and House of Representatives no later than March
1, 2020, on the implementation of the Family Needs Assessment
and any other reviews involving individualized service plans,
to include: (1) Data on the utilization of the Family Needs
Assessment; (2) How the Department is ensuring military
families are aware of the services and programs available to
them as the Office of Special Needs updates policies and
implements the Family Needs Assessment; and (3) How the
Department intends to ensure individualized services plans are
being completed and followed correctly.
Direct employment pilot program for members of the National Guard and
Reserve, veterans, their spouses and dependents, and members of
gold star families
The House amendment contained a provision (sec. 579) that
would enable the Secretary of Defense to create a pilot program
that would allow States to establish or expand job placement
programs, and related employment services, for unemployed
guardsmen, reservists, military spouses, and veterans.
The Senate bill contained no similar provision.
The House recedes.
Pilot program to fund non-profit organizations that support military
families
The House amendment contained a provision (sec. 580A)
that would require the Secretary of Defense to establish a
pilot program to provide grants to eligible nonprofit
organizations that support military families.
The Senate bill contained no similar provision.
The House recedes.
Increase in assistance to certain local educational agencies
The House amendment contained a provision (sec. 580F)
that would authorize an additional appropriation of $10.0
million for support to local educational activities that serve
military communities and families. The additional funding would
be offset by a reduction in funding of $10.0 million for Navy
shipbuilding and conversion.
The Senate bill contained no similar provision.
The House recedes.
Assistance for deployment-related support of members of the Armed
Forces undergoing deployment and their families beyond the
Yellow Ribbon Reintegration Program
The House amendment contained a provision (Sec. 580G)
that would require the Secretary of Defense to provide funds to
states, territories, and government entities to carry out
programs that provide deployment information to servicemembers
and their families throughout the deployment cycle.
The Senate bill contained no similar provision.
The House recedes.
Briefing on use of Family Advocacy Programs to address domestic
violence
The Senate bill contained a provision (sec. 581) that
would require a briefing on the use of Family Advocacy Programs
to address domestic violence.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to provide
the Committees on Armed Services of the Senate and the House of
Representatives with a briefing on the various ways in which
the Family Advocacy Programs of the military departments could
be used and enhanced to end domestic violence among members of
the Armed Forces, and to support survivors of such violence and
their dependents. The briefing should be provided not later
than 180 days after the date of enactment of this Act.
Establishment of the Atomic Veterans Service Medal
The House amendment contained a provision (sec. 582) that
would authorize the creation of the Atomic Veterans Service
Medal, to be awarded to radiation-exposed veterans.
The Senate bill contained no similar provision.
The House recedes.
Authorization for award of the Medal of Honor to Alwyn Cashe for acts
of valor during Operation Iraqi Freedom
The House amendment contained a provision (sec. 584) that
would waive the time limitations specified in section 7271 of
title 10, United States Code, to authorize the President to
award the Medal of Honor to Alwyn C. Cashe for the acts of
valor during Operation Iraqi Freedom.
The Senate bill contained no similar provision.
The House recedes.
Eligibility of veterans of Operation End Sweep for Vietnam Service
Medal
The House amendment contained a provision (sec. 585) that
would authorize the Secretary of the military department
concerned to award the Vietnam Service Medal to a veteran who
participated in Operation End Sweep, upon the application of
that individual.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the outstanding service of
veterans who participated in Operation End Sweep, from February
6, 1973, to July 18, 1973, undertaking the harrowing work of
clearing sea mines laid in Vietnamese waters. The conferees
value the meritorious performance of Operation End Sweep
veterans following the cessation of military combat operations
in Vietnam.
Authority to award or present a decoration not previously recommended
in a timely fashion following a review requested by Congress
The Senate bill contained a provision (sec. 587) that
would amend section 1130 of title 10, United States Code,
authorizing the Secretary of Defense to present an award or
decoration following the favorable review of a proposal upon
request of a Member of Congress.
The House amendment contained no similar provision.
The Senate recedes.
The Senate bill contained an additional provision (sec.
5587) that would amend section 587 such that section 587 would
have no force or effect.
The House amendment contained no similar provision.
The Senate recedes.
Authority to make posthumous and honorary promotions and appointments
following a review requested by Congress
The Senate bill contained a provision (sec. 588) that
would amend section 1563 of title 10, United States Code, to
authorize the Secretary of Defense to prescribe regulations to
make a posthumous or honorary promotion following the
submission to the requesting Member of Congress and to the
Committees on Armed Services of the Senate and the House of
Representatives of a determination as to the merits of
approving the posthumous or honorary promotion or appointment.
The promotion or appointment would not affect retired pay or
other benefits based upon the individual's military service.
The House amendment contained no similar provision.
The Senate recedes.
Repeal of quarterly report on end strengths
The House amendment contained a provision (sec. 591) that
would repeal paragraph (3) of section 115(e) of title 10,
United States Code, to remove the requirement for the Secretary
of Defense to notify the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives whenever the Secretary establishes an end-of-
quarter strength level pursuant to section 115(e)(2)(A) or
modifies a strength level pursuant to section 115(e)(2)(B).
The Senate bill contained no similar provision.
The House recedes.
Expressing support for the designation of a ``Gold Star Families
Remembrance Day''
The House amendment contained a provision (sec. 596) that
would express the sense of Congress to support the designation
of a ``Gold Star Families Remembrance Day.''
The Senate bill contained no similar provision.
The House recedes.
The conferees support the designation of a ``Gold Star
Families Remembrance Day'' to honor and recognize the
sacrifices made by the families of servicemembers who gave
their lives to defend freedom, and encourage the observation of
``Gold Star Families Remembrance Day'' by performing acts of
service and good will in each community and by celebrating the
lives of those who have made the ultimate sacrifice so that
others could continue to enjoy life, liberty, and the pursuit
of happiness.
Sense of Congress regarding the High-Altitude Army National Guard
Aviation Training Site
The House amendment contained a provision (sec. 599C)
that would express the sense of Congress that military aviation
training in Colorado is critical to the national security of
the United States and the readiness of the Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees express their strong support for military
aviation training in Colorado and, in particular, the High-
Altitude Army National Guard Aviation Training Site (HAATS).
The conferees further note that HAATS is the only Department of
Defense school where rotary-wing aviators in the Armed Forces,
and the militaries of foreign allies, learn how to safely fly
rotary-wing aircraft in mountainous, high-altitude
environments.
Title VI--Compensation and Other Personnel Benefits
Subtitle A--Pay and Allowances
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. 601)
The House amendment contained a provision (sec. 601) that
would amend section 372 of title 37, United States Code, to
authorize, in the case of a member under the jurisdiction of a
Secretary of a military department, the continuation of special
pays until the date on which the member is determined fit for
duty.
The Senate bill contained no similar provision.
The Senate recedes.
Continued entitlements while a member of the Armed Forces participates
in a career intermission program (sec. 602)
The House amendment contained a provision (sec. 610) that
would amend section 710(h) of title 10, United States Code, to
authorize servicemembers participating in a career intermission
program to be eligible for death benefits while part of the
program.
The Senate bill contained no similar provision.
The Senate recedes.
Exemption from repayment of voluntary separation pay (sec. 603)
The House amendment contained a provision (sec. 610B)
that would amend section 1175a of title 10, United States Code,
to exempt servicemembers who are involuntarily recalled to
active duty or full-time National Guard duty and who also incur
a total service-connected disability from the requirement to
repay voluntary separation pay.
The Senate bill contained no similar provision.
The Senate recedes.
Consideration of service on active duty to reduce age of eligibility
for retired pay for non-regular service (sec. 604)
The House amendment contained a provision (sec. 627) that
would amend section 12731(f)(2)(B)(i) of title 10, United
States Code, to authorize retirement credit for a servicemember
who as a member of the Ready Reserve serves on Active Duty or
performs Active service under section 12304(b) of title 10,
United States Code. The eligibility age will be reduced below
60 years of age by 3 months for each aggregate of 90 days on
which such person serves on such Active Duty or performs such
Active service in any fiscal year after January 28, 2008, or in
any two consecutive fiscal years after September 30, 2014.
The Senate bill contained no similar provision.
The Senate recedes.
Temporary adjustment of rates of basic allowance for housing following
determination that local civilian housing costs significantly
differ from such rates (sec. 605)
The House amendment contained a provision (sec. 603) that
would amend section 403(b) of title 37, United States Code, to
authorize the Secretary of Defense to prescribe a temporary
adjustment of the basic allowance for housing rates for a
housing area where the actual costs of adequate housing differ
from the calculated rates of housing for that area as
determined by the Secretary.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to prescribe a temporary upward or
downward adjustment to Basic Allowance for Housing (BAH) if the
Secretary concerned determines that the actual cost of civilian
housing differs from current BAH rates by more than 20 percent.
Reinvestment of travel refunds by the Department of Defense (sec. 606)
The Senate bill contained a provision (sec. 622) that
would provide the Secretary of Defense with the authority to
receive and effectively reinvest miscellaneous receipts
obtained through a travel rebate or refund program, a repayment
of inaccurate charges, or a collection of an unused travel
segment.
The House amendment contained no similar provision.
The House recedes.
Addition of partial dislocation allowance to allowable travel and
transportation expenses for servicemembers (sec. 607)
The House amendment contained a provision (sec. 606) that
would amend sections 452 and 477 of title 37, United States
Code, to allow servicemembers to receive a partial dislocation
allowance if they are ordered to vacate dormitories.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 477 of title 37, United States Code, to authorize
Partial Dislocation Allowance to servicemembers ordered to
vacate housing provided by the United States. The amendment
would also amend section 452 of title 37, United States Code,
to authorize a Partial Dislocation Allowance to be paid to
servicemembers ordered to vacate housing provided by the United
States after January 1st, 2022.
Reductions on account of earnings from work performed while entitled to
an annuity supplement (sec. 608)
The House amendment contained a provision (sec. 633) that
would amend section 8421a of title 5, United States Code, to
authorize supervisors of air traffic control instructors who
are collecting a Federal retirement annuity to be exempt from
reductions to their annuity supplement if re-employed under a
contract with the Federal Aviation Administration.
The Senate bill contained no similar provision.
The Senate recedes.
Increase in basic pay (sec. 609)
The House amendment contained a provision (sec. 606) that
would authorize a 3.1 percent increase in basic pay rates for
members of the uniformed services.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Bonuses and Special Incentive Pays
One-year extension of certain expiring bonus and special pay
authorities (sec. 611)
The Senate bill contained a provision (sec. 611) that
would extend, through December 31, 2020, various expiring bonus
and special pay authorities for military personnel. The
provision would extend special pay and bonus authority for
reserve personnel, military healthcare professionals, and
nuclear officers and consolidated pay authorities for officer
and enlisted personnel. The provision would also extend the
authority to provide temporary increases in the rate of Basic
Allowance for Housing in certain circumstances.
The House amendment contained an identical provision
(sec. 611).
The conference agreement includes this provision.
Subtitle C--Family and Survivor Benefits
Expansion of eligibility for exceptional transitional compensation for
dependents to dependents of current members (sec. 621)
The Senate bill contained a provision (sec. 601) that
would amend section 1059(m) of title 10, United States Code, to
authorize the Secretaries of the military departments to
provide transitional compensation, in exceptional
circumstances, to certain dependents before an eligible
servicemember is discharged from Active Duty.
The House amendment contained an identical provision
(sec. 621).
The conference agreement includes this provision.
Phase-out of reduction of Survivor Benefit Plan survivor annuities by
amount of dependency and indemnity compensation (sec. 622)
The House amendment contained a provision (sec. 630A)
that would amend subchapter II of chapter 73 of title 10,
United States Code, to repeal the requirement that Survivor
Benefit Plan payments be offset by any payments received
through dependency and indemnity compensation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
3 year phase out of the requirement that Survivor Benefit Plan
payments be offset by any payments received through dependency
and indemnity compensation.
Death gratuity for ROTC graduates (sec. 623)
The House amendment contained a provision (sec. 622) that
would amend section 1475 of title 10, United States Code, to
authorize a death gratuity to the family of a graduate of the
Reserve Officers' Training Corps who dies before receiving a
first duty assignment.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
graduate of Reserve Officers' Training Corps to also receive a
commission before being eligible for a death gratuity.
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. 624)
The House amendment contained a provision (sec. 625) that
would amend section 1798(a) of title 10, United States Code, to
authorize the Department of Defense to provide financial
assistance to civilian providers of childcare services or youth
program services to survivors of members of the Armed Forces
who die in the line of duty while on active duty, active duty
for training, or inactive duty for training.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 1798(a) of title 10, United States Code, to authorize
the Department of Defense to provide financial assistance to
civilian providers of childcare services or youth program
services to survivors of members of the Armed Forces who die in
combat-related incidents in the line of duty.
Casualty assistance for survivors of deceased ROTC graduates (sec. 625)
The House amendment contained a provision (sec. 630) that
would provide a casualty assistance officer to the family of
Reserve Officers' Training Corps cadets who have taken the oath
but have not yet reported to their first duty station, in the
event of their death.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
Reserve Officers' Training Corps graduates to have received a
commission for the graduate's family to be eligible for a
casualty assistance officer.
Subtitle D--Defense Resale Matters
Defense resale system matters (sec. 631)
The Senate bill contained a provision (sec. 641) that
would require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Chief Management Officer of
the Department of Defense, to maintain oversight of the
business transformation efforts of the defense commissary
system and the exchange stores system to ensure: (1)
Development of an inter-component 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; and (3) Sustainment of financial
support of the defense commissary and exchange systems for
morale, welfare, and recreation services of the Armed Forces.
The provision would require the Executive Resale Board of the
Department to advise the Under Secretary on the implementation
of sustainable, complementary operations of the defense
commissary system and the exchange stores system. Additionally,
the provision would require the Defense Commissary Agency and
the Military Exchange Service to identify and implement best
commercial business practices and shared-services systems while
integrating certain services provided by the exchange stores
system within commissary system facilities. The provision would
also require the modernization of information technology and
implementation of cutting-edge marketing in the defense resale
system. Finally, the provision would amend section 2483(b) of
title 10, United States Code, to authorize inclusion of
advertising expenses in the operating expenses of commissary
stores.
The House amendment contained no similar provision.
The House recedes with an amendment that would strike
paragraph (c) of the Senate provision.
Procurement by commissary stores of certain locally sourced products
(sec. 632)
The Senate bill contained a provision (sec. 631) that
would require the Secretary of Defense to ensure that dairy
products, fruits, and vegetables procured for defense
commissary stores are, to the extent practicable, locally
sourced.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary to maintain mandated patron savings when
procuring locally sourced products for commissaries.
GAO review of defense resale optimization study (sec. 633)
The House amendment contained a provision (sec. 631) that
would require the Comptroller General of the United States to
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. The Comptroller General would
submit a report by April 1, 2020, to the Committees on Armed
Services of the Senate and the House of Representatives. The
provision would prohibit the Secretary of Defense from taking
any action to consolidate military exchanges and commissaries
until such committees notify the Secretary in writing of
receipt and acceptance of the findings of the Comptroller
General in the reports required under this provision.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the report requirement.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 requires the Comptroller General to
provide a similar assessment to the same committees not later
than December 1, 2019.
Subtitle E--Morale, Welfare, and Recreation Privileges
Extension of certain morale, welfare, and recreation privileges to
Foreign Service officers on mandatory home leave (sec. 641)
The House amendment contained a provision (sec. 634) that
would amend 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) to
extend certain morale, welfare, and recreation privileges to
foreign service officers on mandatory home leave.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of pilot program on a Government lodging program (sec. 642)
The Senate bill contained a provision (sec. 621) that
would extend by 1 year the Secretary of Defense's authority to
execute a Department of Defense lodging program.
The House amendment contained no similar provision.
The House recedes.
Subtitle F--Reports and Other Matters
Annual reports on approval of employment or compensation of retired
general or flag officers by foreign governments for emoluments
clause purposes (sec. 651)
The Senate bill contained a provision (sec. 1057) that
would modify section 908 of title 37, United States Code, to
require the Secretaries of the military departments to submit
annually to appropriate committees and Members of Congress, a
joint report enumerating each approval issued during the
preceding year for a retired general or flag officer to accept
civil employment or compensation for which the consent of
Congress is required by the last paragraph of Section 9 of
Article I of the Constitution, related to acceptance of
emoluments, offices, or titles from a foreign government. The
provision would require the first report to cover the 5-year
period preceding the year in which the report is submitted.
The House contained a similar provision (sec. 609), with
an added requirement that the report be posted on a publicly
available Internet website of the Department of Defense no
later than 30 days after it has been submitted to Congress.
The Senate recedes with an amendment that would require
that each report be generated in consultation with the
Secretary of State, who takes final action on requests for
waiver of the prohibition on the acceptance of emoluments,
offices or titles from foreign governments, and removes the
requirement for public posting of reports.
Report regarding transition from overseas housing allowance to basic
allowance for housing for servicemembers in the territories
(sec. 652)
The House amendment contained a provision (sec. 610A)
that would require the Secretary of Defense to submit a report
to the congressional defense committees evaluating whether
members of the uniformed services located in the territories of
the United States should receive the Basic Allowance for
Housing instead of the Overseas Housing Allowance.
The Senate bill contained no similar provision.
The Senate recedes.
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. 653)
The Senate bill contained a provision (sec. 5602) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the feasibility and
advisability of paying eligible members of the reserve
components any special or incentive pay for members of the
Armed Forces that is not currently payable to members of the
reserve components.
The House amendment contained no similar provision.
The House recedes.
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. 654)
The House amendment contained a provision (sec. 608) that
would require the Secretaries of Defense and Veterans Affairs
to conduct a joint study on recoupment of various separation
pay.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
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. 655)
The Senate bill contained a provision (sec. 631) that
would amend section 1465 of title 10, United States Code, to
require the Secretary of Defense to make contributions to the
Military Retirement Fund based on an actuarial calculation of
each service's planned pension obligations, beginning with
fiscal year 2021.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to deliver a report to the
congressional defense committees detailing an implementation
plan for the Senate-passed provision that would require
service-specific contributions to the Military Retirement Fund.
The conferees note that requiring service-specific
contributions to the Military Retirement Fund will provide
valuable insight into the true costs of each military
department's manpower. The current system of Military
Retirement Fund contributions produces a disparity between the
services. Those services with fewer personnel who reach full
retirement eligibility, like the Marine Corps, contribute more
to the Military Retirement Fund than needed to pay for retired
marines' pensions. Meanwhile, those services that have larger
numbers of personnel who reach full retirement eligibility,
like the Air Force, effectively receive a discount on their
Military Retirement Fund contributions.
As each service updates its overall force profile to
support the National Defense Strategy and implements other
reforms, like those to the Blended Retirement System, the
conferees believe it is critical that senior leaders in the DOD
accurately account for the fully-burdened life-cycle cost of
each service's manpower plans.
Report on food insecurity among members of the Armed Forces and their
dependents (sec. 656)
The House amendment contained a provision (sec. 602) that
would amend section 402 of title 37, United States Code, to
authorize the Secretary of Defense to pay a basic needs
allowance to a qualified servicemember.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit a report to the Committees
on Armed Services of the Senate and the House of Representative
on food insecurity among members of the Armed Forces and their
dependents.
LEGISLATIVE PROVISIONS NOT ADOPTED
Basic allowance for housing for a member without dependents when
relocation would financially disadvantage the member
The House amendment contained a provision (sec. 604) that
would allow the Secretaries of the military departments
discretionary authority to authorize a housing allowance based
on the old homeport or permanent duty station for single
members disadvantaged as a result of a unit's change of
homeport or permanent duty station, as long as the member had
orders returning to the previous homeport or duty station.
The Senate bill contained no similar provision.
The House recedes.
The conferees note, in general, the Navy plans ship
homeport changes well in advance of the actual relocation
occurring. In the same way, the Navy should also plan personnel
movements related to homeport changes well in advance in order
to minimize disruption to sailors. The conferees note that
current law does not require Basic Allowance for Housing be
based on a ship's homeport, and would encourage the Navy to
work with the Department of Defense to develop a policy
solution that provides the necessary authority.
Annual adjustment of basic pay
The House amendment contained a provision (sec. 607) that
would require the adjustment in rates of monthly basic pay
required by subsection (a) of section 1009 of title 37, United
States Code, to take effect, notwithstanding any determination
made by the President.
The Senate bill contained no similar provision.
The House recedes.
Space-available travel on military aircraft for children and surviving
spouses of members who die of hostile action or training duty
The House amendment contained a provision (sec. 626) that
would amend section 2641 of title 10, United States Code, to
allow children meeting certain requirements and surviving
spouses of members of the Armed Forces who die as a result of
hostile action or training duty to use space-available travel.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that section 2641b of title 10, United
States Code, authorizes the space-available travel program and
provides the Secretary of Defense with the ability to extend
eligibility for the program to any category of individual the
Secretary considers appropriate. The conferees believe that
space-available travel privileges should be extended to spouses
and children of servicemembers who die in combat, if there is
no impact on readiness or on the priority appropriately
afforded to members of the armed forces on active duty and
their families, in recognition of the demands of active
military service and the need for respite from such demands.
Accordingly, the conferees direct the Secretary to report to
the Committees on Armed Services of the Senate and the House of
Representatives by no later than March 1, 2020, on the scope of
the population described in section 626 of the House bill, the
obstacles in providing this population with space-available
privileges, and whether an extension of this benefit to such
population would interfere with the use of space-available
travel by active duty members and their families, particularly
on the most traveled routes.
Report regarding management of military commissaries and exchanges
The House amendment contained a provision (sec. 632) that
would require the Secretary of Defense to submit a report to
the congressional defense committees, not later than 180 days
after the date of the enactment of this Act, regarding
management practices of military commissaries and exchanges.
The Senate bill contained no similar provision.
The House recedes.
Treatment of fees on services provided as supplemental funds for
commissary operations
The Senate bill contained a provision (sec. 642) that
would amend section 2483(c) of title 10, United States Code, to
authorize retention of fees collected on services provided to
secondary patron groups, such as Department of Defense
contractors living overseas, by the Defense Commissary Agency
to offset commissary operating costs.
The Senate bill contained a provision (sec. 5642) that
would cause section 642, and the amendment made by that
section, to have no cause or effect.
The House amendment contained no similar provisions.
The Senate recedes.
Title VII--Health Care Provisions
Subtitle A--Tricare and Other Health Care Benefits
Modification of eligibility for TRICARE Reserve Select for certain
members of the Selected Reserve (sec. 701)
The House amendment contained a provision (sec. 703) that
would amend section 1076d(a)(2) of title 10, United States
Code, to modify eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve after December 31,
2029.
The Senate bill contained no similar provision.
The Senate recedes.
TRICARE payment options for retirees and their dependents (sec. 702)
The Senate bill contained a provision (sec. 702) that
would amend section 1099 of title 10, United States Code, to
require that a premium owed by a member, former member, or
dependent, eligible for medical and dental care under section
1074(b) or 1076 of such title, be withheld, to the maximum
extent practicable, from the individual's retired, retainer, or
equivalent pay. The provision would authorize the Secretary of
Defense to determine the method and frequency of payment when
circumstances prevent payment through an allotment from
retired, retainer, or equivalent pay. The amendments in this
provision would apply to health care coverage beginning on or
after January 1, 2021.
The House amendment contained no similar provision.
The House recedes.
Lead level screening and testing for children (sec. 703)
The Senate bill contained a provision (sec. 703) that
would require the Secretary of Defense to establish and
disseminate clinical practice guidelines for health care
providers in the military health system on screening, testing,
and reporting of blood lead levels in children. The provision
would require the Secretary to provide blood lead level test
results to a child's parent or guardian, the State health
department where the child resides, or the Centers for Disease
Control and Prevention and the appropriate country if the child
resides outside the United States. Finally, the provision would
require the Secretary to submit a report to the congressional
defense committees, not later than January 1, 2021, describing
the number of children screened, tested, and treated for
elevated blood lead levels during the period beginning on the
date of the enactment of this Act and ending on the date of the
report.
The House amendment contained a provision (sec. 704) that
would amend section 1077 of title 10, United States Code, to
prescribe certain times when a child should be screened and
tested for elevated blood lead levels during well-baby care
visits in military medical treatment facilities. The provision
would require the Secretary to share test results similarly as
prescribed in the Senate provision. In addition, the provision
would require the Secretary to submit a similar report to the
same committees by the same date and to require the Comptroller
General of the United States to submit a report to those
committees, not later than January 1, 2022, on the
effectiveness of screening, testing, and treating children for
lead exposure and lead poisoning. Finally, the provision would
require the Secretary to maintain records regarding military
housing and lead-based paint.
The House recedes with a clarifying amendment.
Exposure to open burn pits and toxic airborne chemicals or other
airborne contaminants as part of periodic health assessments
and other physical examinations (sec. 704)
The House amendment contained a provision (sec. 705) that
would amend sections 1145(a)(5) and 1074f(b)(2) of title 10,
United States Code, to require the Secretary of Defense to
ensure that periodic, separation, or deployment health
assessments provided to servicemembers include an evaluation
whether the member has been: (1) Based or stationed at a
location where an open burn pit was used; and (2) Exposed to
toxic airborne chemicals or contaminants, including any
information recorded in the Airborne Hazards and Open Burn Pit
Registry. The provision would require the Secretaries of
Defense and Veterans Affairs to enter into a joint memorandum
of understanding to share results of such assessments regarding
a servicemember's exposure to toxic airborne chemicals or
contaminants and to enroll such servicemember in the named
registry unless the member elects not to enroll.
The Senate bill contained a similar provision (sec.
5702).
The Senate recedes.
Enhancement of recordkeeping with respect to exposure by members of the
Armed Forces to certain occupational and environmental hazards
while deployed overseas (sec. 705)
The Senate bill contained a provision (sec. 717) that
would amend section 1074f of title 10, United States Code, to
require the Department of Defense to include occupational or
environmental health exposures during deployment in its medical
tracking system. The provision would also require the
Department to provide healthcare providers with questions to
ask servicemembers about occupational or environmental health
exposures during post-deployment health assessments and to
ensure that the medical records of servicemembers include
information on the external cause relating to a medical
diagnosis of the member. Finally, the provision would require
the Secretary of Defense to ensure that the Department's
medical personnel have access to information in the burn pit
registry maintained by the Department of Veterans Affairs.
The House amendment contained a similar provision (sec.
706).
The House recedes.
Modifications to post-deployment mental health assessments for members
of the Armed Forces deployed in support of a contingency
operation (sec. 706)
The House amendment contained a provision (sec. 707) that
would amend section 1074m(a)(1) of title 10, United States
Code, to modify the requirement for post-deployment mental
health assessments for servicemembers deployed in support of a
contingency operation. The provision would provide certain
exceptions to the timeline for the administration of mental
health assessments. In addition, the provision would amend
section 1074m(a)(1)(B) to eliminate the sunset for such
assessments during deployment.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Provision of blood testing for firefighters of Department of Defense to
determine exposure to perfluoroalkyl and polyfluoroalkyl
substances (sec. 707)
The Senate bill contained a provision (sec. 704) that
would require the Secretary of Defense, beginning on October 1,
2020, to provide blood testing to determine and document
potential exposure to perfluoroalkyl and polyfluoroalkyl
substances for firefighters of the Department of Defense during
their annual physical exams.
The House bill contained a similar provision (sec. 708).
The House recedes.
Subtitle B--Health Care Administration
Modification of organization of military health system (sec. 711)
The Senate bill contained a provision (sec. 711) that
would amend section 1073c of title 10, United States Code, to
make clarifying and technical amendments on the administration
of the Defense Health Agency and military medical treatment
facilities.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Over the past four years, Congress has enacted several
provisions designed to guide the Department of Defense in
implementing a major reform of the military health system to
make it more effective, efficient, and less costly. These
enactments require replacement of the semi-autonomous Service-
run components of the system with a single accountable
organization, the Defense Health Agency, responsible for
managing an integrated health care system that includes all
military medical treatment facilities in the direct care
system, with a sharper focus on military medical readiness, and
the purchased care system, with an emphasis on maximum value
and the attainment of better health outcomes for beneficiaries
and the Department. Under this construct, the responsibility of
the military departments is to recruit, retain, organize, and
develop the military medical force and to make it available to
combatant commands when needed to support military operations
or otherwise to the Defense Health Agency. The conferees are
aware of a lack of consensus in the Department on implementing
the reforms required by law but see no reason to change
direction. The conferees expect the Secretary of Defense to
fully implement the law and to accomplish these critically
important reforms expeditiously.
Support by military health system of medical requirements of combatant
commands (sec. 712)
The Senate bill contained a provision (sec. 712) that
would amend section 712 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-332) to
modify and clarify the military health system's support to the
medical requirements of the combatant commands.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Requirements for certain prescription drug labels (sec. 713)
The House amendment contained a provision (sec. 711) that
would amend section 1074g of title 10, United States Code, to
require the Secretary of Defense to ensure that drugs made
available through facilities of the Armed Forces under the
Secretary's jurisdiction shall include printed labels, on or
within the drug package, which provide directions for the
drug's use. The provision would require implementation within
90 days after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to ensure that such drugs include
labels and other labeling in compliance with the requirements
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.)
Officers authorized to command Army dental units (sec. 714).
The Senate bill contained a provision (sec. 723) that
would amend section 7081(d) of title 10, United States Code, to
authorize Army Medical Department officers to command Army
dental units.
The House amendment contained a similar provision (sec.
712).
The Senate recedes.
Improvements to interagency program office of the Department of Defense
and the Department of Veterans Affairs (sec. 715)
The House amendment contained a provision (sec. 713) that
would amend section 1635(c) of the Wounded Warrior Act (title
16 of Public Law 110-181) to require improvements to the
Interagency Program Office (IPO) of the Department of Defense
and the Department of Veterans Affairs.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend the
same statute to require certain improvements to the IPO. The
provision would: (1) Describe the qualifications and
authorities for the IPO's director and deputy director and
outline the purposes of the IPO; (2) Require the Departments to
enter into an agreement with an independent entity to evaluate
certain implementation milestones of the Departments'
electronic health record systems (EHRs); (3) Require the IPO to
maintain a common configuration baseline for the Departments'
EHRs; (4) Require the IPO to develop a comprehensive
interoperability strategy; and (5) Require the IPO to consult
annually with clinical staff and to conduct clinical and
patient satisfaction surveys on the EHRs. Finally, the
provision would require the IPO director to submit to the
Secretaries an annual publicly available report from September
30, 2020, through 2024, on the activities of the office in the
preceding year.
Expansion of strategy to improve acquisition of managed care support
contracts under TRICARE program (sec. 716)
The Senate bill contained a provision (sec. 714) that
would amend section 705(c)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) to
include overseas medical support contracts in the strategy to
improve the acquisition of managed care support contracts under
the TRICARE program.
The House amendment contained no similar provision.
The House recedes.
Inclusion of blast exposure history in medical records of members of
the Armed Forces (sec. 717)
The House amendment contained a provision (sec. 716) that
would require the Secretary of Defense, in coordination with
the service secretaries, to document blast exposure history in
the medical records of servicemembers. The provision would
prescribe the elements of a blast exposure history and would
specify how the Secretary should collect blast exposure
information. Finally, the provision would require the Secretary
to submit a report on the types of information in a blast
exposure history to the Committees on Armed Services of the
Senate and the House of Representatives not later than 1 year
after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
paragraph (c) of section 716 and define the type of blast
exposure incident that should be documented in a
servicemember's medical record.
Comprehensive policy for provision of mental health care to members of
the Armed Forces (sec. 718)
The House amendment contained a provision (sec. 717) that
would require the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, to
develop and implement a comprehensive policy, within 180 days
after the date of the enactment of this Act, for the provision
of mental health care for servicemembers.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on the realignment or reduction of military medical manning
end strength (sec. 719)
The House amendment contained a provision (sec. 718) that
would prohibit the Secretary of Defense and the service
secretaries from realignment or reduction of military medical
end strength authorizations until each secretary concerned
conducts a review and analysis of the medical manpower
requirements of each military department under all national
defense strategy scenarios. The provision would require the
Secretary of Defense to submit a report to the Committees on
Armed Services of the Senate and the House of Representatives,
within 180 days of the date of the enactment of this Act, on
such realignments or reductions. The provision would not apply
to billets, which have remained unfilled since October 1, 2018,
if such billets would not affect the provision of health care
services to servicemembers or covered beneficiaries.
The Senate bill had no similar provision.
The Senate recedes with an amendment that would modify
the exceptions on the limitation of the realignment or
reduction of military medical end strength authorizations.
Strategy to recruit and retain mental health providers (sec. 720)
The House amendment contained a provision (sec. 719) that
would require the Secretary of Defense to submit a report,
within 180 days of the date of the enactment of this Act, to
the congressional defense committees on the Department's
strategy to recruit and retain mental health providers.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Development of partnerships to improve combat casualty care for
personnel of the Armed Forces (sec. 721)
The House amendment contained a provision (sec. 720B)
that would require the Secretary of Defense, through the Joint
Trauma Education and Training Directorate, to develop
partnerships by October 1, 2020, with civilian academic centers
and large metropolitan teaching hospitals to improve combat
casualty care for servicemembers. The provision would require
the Department of Defense to establish such partnerships with
level 1 civilian trauma centers to train military physicians,
including trauma surgeons, to treat critically injured burn
patients.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary to develop such partnerships.
Modification to referrals for mental health services (sec. 722)
The House amendment contained a provision (sec. 720C)
that would authorize the Secretary of Defense to refer a
servicemember for mental health services to a provider under
the TRICARE program if the Secretary cannot provide mental
health services in a military medical treatment facility to the
member within 15 days on which the member first requests the
services.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Reports and Other Matters
Authorization of claims by members of the uniformed services against
the United States for personal injury or death caused by
medical malpractice (sec. 731)
The House amendment contained a provision (sec. 729) that
would amend chapter 171 of title 28, United States Code, to
authorize a claim against the United States for damages
relating to personal injury or death of a servicemember arising
out of a negligent or wrongful act or omission in the
performance of medical, dental, or related health care
functions provided at a military medical treatment facility by
a person acting within the scope of the office or employment of
that person by or at the direction of the United States
government.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
chapter 163 of title 10, United States Code, to authorize the
Secretary of Defense to 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 the
result of medical malpractice caused by a Department of Defense
health care provider.
Extension and clarification of authority for Joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund (sec. 732)
The Senate bill contained a provision (sec. 721) that
would amend title XVII of the National Defense Authorization
for Fiscal Year 2010 (Public Law 111-84) to make certain
technical corrections to such title. Additionally, the
provision would permit the James A. Lovell Federal Health Care
Center to enter into personal services contracts to carry out
healthcare responsibilities at the Center to the same extent
and subject to the same conditions and limitations as in
medical treatment facilities of the Department of Defense.
Finally, the provision would extend the authority for the joint
Department of Defense-Department of Veterans Affairs
Demonstration Fund from September 30, 2020, to September 30,
2021.
The House amendment contained no similar provision.
The House recedes.
Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine (sec. 733)
The Senate bill contained a provision (sec. 722) that
would amend subparagraph (C) of paragraph (1) of section 178(c)
of title 10, United States Code, to authorize the appointment
of a member of the council of the Henry M. Jackson Foundation
for the Advancement of Military Medicine by currently serving
members upon the expiration of the term of a member. The
provision would also amend paragraph (2) of such section to
repeal an obsolete authority establishing staggered terms of
members of the council. The provision would not terminate or
otherwise alter the appointment or term of service of council
members serving on the date of the enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Establishment of Academic Health System in National Capital Region
(sec. 734)
The Senate bill contained a provision (sec. 724) that
would amend chapter 104 of title 10, United States Code, by
inserting a new section to authorize the Secretary of Defense
to establish an Academic Health System in the National Capital
Region to integrate the healthcare, health professions
education, and health research activities of the military
health system in that region. The provision would authorize the
Secretary to appoint employees of the Department of Defense to
leadership positions in such system in addition to similar
leadership positions for members of the Armed Forces. Moreover,
the provision would authorize the Secretary to use the
authorities under chapter 104 for the administration of the
system.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Provision of veterinary services by veterinary professionals of the
Department of Defense in emergencies (sec. 735)
The Senate bill contained a provision (sec. 725) that
would amend chapter 53 of title 10, United States Code, to
authorize a licensed veterinary professional of the Department
of Defense (DOD) to provide veterinary services in any state,
the District of Columbia, and any territory or possession of
the United States, if the services provided fall within the
scope of authorized duties of the veterinary professional for
the DOD.
The House amendment contained no similar provision.
The House recedes.
Three-year extension of authority to continue the DOD-VA Health Care
Sharing Incentive Fund (sec. 736)
The Senate bill contained a provision (sec. 726) that
would amend section 8111(d)(3) of title 38, United States Code,
to extend the authorization of the Department of Defense-
Department of Veterans Affairs Health Care Sharing Incentive
Fund to September 30, 2025.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
extension of the Fund to September 30, 2023.
Preservation of resources of the Army Medical Research and Materiel
Command and continuation as Center of Excellence (sec. 737)
The Senate bill contained a provision (sec. 5703) that
would preserve the resources of the Army Medical Research and
Materiel Command (MRMC) as it realigns under the Defense Health
Agency. The provision would require transfer to the Defense
Health Program of all funding amounts available for such
command upon the realignment. Additionally, the provision would
require continuation of the Center of Excellence for Joint
Biomedical Research, Development, and Acquisition Management
for efforts undertaken under the Defense Health Program.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to maintain the resources of MRMC,
including manpower and funding, at not less than the level of
resources as of the date of the enactment of this Act until
September 30, 2022. Additionally, the provision would require
transfer of funds available to MRMC for research, development,
test, and evaluation for the Army to the Defense Health Program
on October 1, 2022. Finally, the provision would require
continuation of the center of excellence after September 30,
2022.
Encouragement of participation in Women's Health Transition Training
pilot program (sec. 738)
The House amendment contained a provision (sec. 723) that
would require the service secretaries to encourage female
servicemembers, separating or retiring from the Armed Forces
during fiscal year 2020, to participate in the Women's Health
Transition Training Pilot Program administered by the Secretary
of Veterans Affairs. The provision would require the Secretary
of Defense, in consultation with the service secretaries, to
submit a report to the Committees on Armed Services and the
Committees on Veterans Affairs of the Senate and the House of
Representatives on the pilot program not later than September
30, 2020.
The Senate bill contained no similar provision.
The Senate recedes.
National Guard suicide prevention pilot program (sec. 739)
The House amendment contained a provision (sec. 724) that
would authorize the Chief of the National Guard Bureau to
conduct a pilot program to expand suicide prevention and
intervention efforts at the community level through a mobile
application, which would enable a National Guard member to
receive prompt access to a behavioral health professional on a
smartphone, tablet computer, or other handheld mobile device.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Pilot program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity of
National Disaster Medical System (sec. 740)
The Senate bill contained a provision (sec. 727) that
would authorize the Secretary of Defense to conduct a pilot
program for no more than 5 years to establish partnerships with
public, private, and non-profit health care organizations,
institutions, and entities in collaboration with the
Secretaries of Veterans Affairs, Health and Human Services,
Homeland Security, and Transportation to enhance
interoperability and medical surge capability and capacity of
the National Disaster Medical System. Under this pilot, the
Secretary of Defense would establish these partnerships at no
fewer than five major aeromedical transport hub regions of the
Department of Defense in the United States. The provision would
require the Secretary of Defense to submit an initial report to
the Committees on Armed Services of the Senate and the House of
Representatives, not later than 180 days after commencement of
the pilot program, and a final report to the same committees
within 180 days of the completion of the program.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Reports on suicide among members of the Armed Forces and suicide
prevention programs and activities of the Department of Defense
(sec. 741)
The House amendment contained a provision (sec. 725) that
would require the Secretary of Defense to submit a report to
the Committees on Armed Services of the Senate and the House of
Representatives, within 90 days of the date of the enactment of
this Act and annually thereafter through January 31, 2021, on
suicide among servicemembers during the preceding year of the
report. The provision would prescribe the matters included in
such reports.
The Senate bill contained a provision (sec. 5508) that
would require the Comptroller General of the United States to
submit a report to the same committees, within 240 days of the
date of the enactment of this Act, on the programs and
activities of the Department of Defense and Armed Forces for
the prevention of suicide among servicemembers and their
families.
The Senate recedes with a clarifying amendment that would
include both provisions.
Modification of requirements for longitudinal medical study on blast
pressure exposure of members of the Armed Forces and collection
of exposure information (sec. 742)
The Senate bill contained a provision (sec. 728) that
would amend section 734 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to modify the
requirements of the Longitudinal Medical Study on Blast
Pressure Exposure on Members of the Armed Forces. The provision
would require the Secretary of Defense to submit annual status
reports on the study to the Committees on Armed Services of the
Senate and the House of Representatives not later than January
1 of each year until completion of the study.
The House amendment contained no similar provision.
The House recedes with an amendment that would ensure
data gathered from the study is interoperable and can be
uploaded into the Department's electronic health record, MHS
Genesis, or a successor system. Additionally, the amendment
would prescribe how the Secretary of Defense should collect
blast exposure information on servicemembers.
Study and plan on the use of military-civilian integrated health
delivery systems (sec. 743)
The House amendment contained a provision (sec. 726) that
would require the Secretary of Defense to conduct a study on
the use of local military-civilian integrated health systems
pursuant to section 706 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) and to submit a
report on the results of the study to the Committees on Armed
Services of the Senate and the House of Representatives within
180 days of the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to submit a plan for further development of the
use of local military-civilian integrated health systems by the
Department.
Study on case management in the military health system (sec. 744)
The House amendment contained a provision (sec. 727) that
would require the Secretary of Defense to conduct a study on
the effectiveness of case management practices at military
medical treatment facilities and to submit a report on the
results of the study to the Committees on Armed Services of the
Senate and the House of Representatives within 180 days of the
date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary to include in the study an evaluation of the case
management and outreach provided by managed care support
contractors supporting the Defense Health Agency.
Report on Global Health Security Strategy and the National Biodefense
Security (sec. 745)
The House amendment contained a provision (sec. 731) that
would require the Secretary of Defense to submit a report on
the implementation of the Global Health Security Strategy and
the National Biodefense Strategy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to clarify the
appropriate congressional committees.
Study on establishment of wounded warrior service dog program (sec.
746)
The House amendment contained a provision (sec. 742) that
would require the Secretary of Defense to award grants to
nonprofit organizations to assist such organizations in
implementing programs to provide assistance dogs to covered
members of the military and veterans.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
study on the feasibility of establishing a wounded warrior
service dog program.
GAO report on Department of Defense quality assurance program and
impacts of medical malpractice actions (sec. 747)
The House amendment contained a provision (sec. 744) that
would require the Secretary of Defense to submit a report to
the congressional defense committees identifying the number of
medical providers employed by the Department of Defense who,
before being employed by the Department, lost medical
malpractice insurance coverage by reason of the insurer
dropping the coverage.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Comptroller General of the United States to submit a report
to the Committees on Armed Services of the Senate and the House
of Representatives, not later than January 1, 2021, which would
provide: (1) An assessment of the effectiveness of the quality
assurance program of the Department in querying and monitoring
the National Practitioner Data Bank; (2) A comparison of
outcomes for military health system patients who may bring an
action against the Federal government for negligence or medical
malpractice and the outcomes for such patients who may not
bring such an action; and (3) A comparison of the elements and
average amounts of death and disability compensation that apply
regardless of the underlying cause of death or disability with
those elements and average amounts of settlements that result
from medical malpractice litigation against the Federal
government.
Reports on Millennium Cohort Study relating to women members of the
Armed Forces (sec. 748)
The House amendment contained a provision (sec. 750) that
would require the Secretary of Defense to submit annual reports
to the appropriate congressional committees on the findings of
the Millennium Cohort Study relating to the gynecological and
perinatal health of female servicemembers participating in the
study.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the matters included in the reports and require the Secretary
to submit such reports to the Committees on Armed Services of
the Senate and the House of Representatives within 180 days of
the date of the enactment of this Act and annually through
January 1, 2022.
Study on effects of sleep deprivation on readiness of members of the
Armed Forces (sec. 749)
The conference agreement includes a provision that would
require the Secretary of Defense to conduct a study on the
effects of sleep deprivation on the readiness of servicemembers
and to submit a report to the Committees on Armed Services of
the Senate and the House of Representatives within 270 days of
the date of the enactment of this Act.
Study and report on traumatic brain injury mitigation efforts (sec.
750)
The conference agreement includes a provision that would
require the Secretary of Defense to conduct a meta-analysis of
evidence-based traumatic brain injury (TBI) mitigation efforts
by the Department of Defense, related Federal agency partners,
and efforts discussed in academic literature, which demonstrate
best clinical effectiveness in the treatment of TBI. The
Secretary would submit a report on the results of the study to
the Committees on Armed Services of the Senate and the House of
Representatives within 270 days of the date of the enactment of
this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Contraception coverage parity under the TRICARE program
The Senate bill contained a provision (sec. 701) that
would amend sections 1074d(b)(3), 1075(c), 1075a(b), and
1074g(a)(6) of title 10, United States Code, to require
coverage of contraception services for covered beneficiaries
under the TRICARE program. The provision would prohibit cost-
sharing for any method of contraception provided by a network
provider under TRICARE Select or a provider under TRICARE
Prime. Additionally, a beneficiary would pay no cost-share for
any prescription contraceptive on the uniform formulary that is
provided by a network retail pharmacy provider or the mail-
order pharmacy program. The effective date of this provision
would be January 1, 2020.
The Senate bill contained a provision (sec. 5701) that
would cause the amendments made by section 701 to take effect
on January 1, 2030.
The House amendment contained a provision (sec. 701)
similar to Senate section 701.
The House and Senate recede.
Medical services at military medical treatment facilities for sexual
assault survivors
The House amendment contained a provision (sec. 702) that
would amend Chapter 55 of title 10, United States Code, to
require the Secretary of Defense to furnish certain information
and assistance on pregnancy prevention to sexual assault
survivors at each military medical treatment facility.
The Senate bill contained no similar provision.
The House recedes.
Inclusion of infertility treatments for members of the uniformed
services
The House amendment contained a provision (sec. 709) that
would authorize infertility treatments for uniformed services
members and their spouses under section 1074(a) of title 10,
United States Code.
The Senate bill contained no similar provision.
The House recedes.
Authorization of appropriations for TRICARE lead screening and testing
for children
The House amendment contained a provision (sec. 710) that
would authorize appropriations for TRICARE lead screening and
testing for children.
The Senate bill contained no similar provision.
The House recedes.
Tours of duty of commanders or directors of military treatment
facilities
The Senate bill contained a provision (sec. 713) that
would require the Secretary of Defense, not later than January
1, 2021, to establish a minimum length of 4 years for tours of
duty, with limited exceptions, for commanders or directors of
military treatment facilities to ensure greater stability in
health system executive management at each facility and
throughout the military health system.
The House amendment contained no similar provision.
The Senate recedes.
Comprehensive enterprise interoperability strategy for the Armed Forces
and the Department of Veterans Affairs
The House amendment contained a provision (sec. 714) that
would require the Secretaries of Defense and Veterans Affairs
jointly to develop and implement a comprehensive enterprise
interoperability strategy and to submit such strategy to the
appropriate congressional committees within 180 days after the
date of the enactment of this Act. Subsequently, the
Secretaries would provide an update to the strategy to the same
committees not later than December 31, 2024.
The Senate bill contained no similar provision.
The House recedes.
The conferees included the intent of this provision in a
separate provision that focuses on improvements to the
Interagency Program Office of the Departments of Defense and
Veterans Affairs.
Demonstration of interoperability milestones
The House amendment contained a provision (sec. 715) that
would require the Interagency Program Office (IPO) of the
Departments of Defense and Veterans Affairs to enter into an
agreement with an independent entity to conduct an evaluation
of interoperability, functionality, and seamless health care
within the Departments' electronic health record systems by
determining if the Departments have met certain prescribed
milestone timelines. The IPO would then submit a report to the
appropriate congressional committees detailing the evaluation,
methodology for testing, and findings for each such milestone.
The provision would also require the IPO to: (1) Maintain and
continually evaluate a common system configuration baseline;
(2) Obtain regular consultations from clinicians using the
electronic health record systems; and (3) Conduct clinician and
patient satisfaction surveys. Finally, the provision would
require the IPO to submit annual reports on such matters to the
same committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees included the intent of this provision in a
separate provision that focuses on improvements to the IPO of
the Departments of Defense and Veterans Affairs.
Establishment of regional medical hubs to support combatant commands
The Senate bill contained a provision (sec. 715) that
would require the Secretary of Defense, not later than October
1, 2022, to establish up to four regional medical hubs,
consistent with section 712 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), to support the operational medical requirements of the
combatant commands. Under this provision, each regional hub
would include a major military medical center to provide
complex, specialized medical services in that region. The
regional medical center would be geographically located to
maximize medical support to combatant commands. The provision
would authorize the Secretary to establish or maintain
additional medical centers in locations with large beneficiary
populations or locations that serve as the primary readiness
platforms of the Armed Forces.
The House amendment contained no similar provision.
The Senate recedes.
Monitoring of adverse event data on dietary supplement use by members
of the Armed Forces
The Senate bill contained a provision (sec. 716) that
would require the Secretary of Defense to modify the
Department's electronic health record (EHR) system to include
data regarding use of dietary supplements by members of the
Armed Forces and any adverse events associated with such use.
The provision would also require the Secretary to educate
healthcare providers in the military health system on the
importance of including adverse event data in the EHR and
reporting those data to the Food and Drug Administration.
The House amendment contained no similar provision.
The Senate recedes.
Monitoring medication prescribing practices for the treatment of post-
traumatic stress disorder
The House amendment contained a provision (sec. 720) that
would require the Secretary of Defense to submit a report,
within 180 days of the date of the enactment of this Act, to
the Committees on Armed Services of the Senate and the House of
Representatives on the practices for prescribing medication for
post-traumatic stress disorder (PTSD), which were inconsistent
with Department of Defense (DOD)-Department of Veterans Affairs
(VA) guidelines from the period January 1, 2012, through
December 31, 2017.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the importance of clinical
practice guidelines for prescribing medications for PTSD and
strongly encourage medical providers of the DOD and VA to
adhere to such guidelines.
Maintenance of certain medical services at military medical treatment
facilities at service academies
The House amendment contained a provision (sec. 720A)
that would amend section 1073d of title 10, United States Code,
to require the Secretary of Defense to ensure that each
military medical treatment facility located at a military
service academy provides certain covered medical services
unless the Secretary determines that a civilian medical
facility located within 5 miles from such academy provides that
covered medical service.
The Senate bill contained no similar provision.
The House recedes.
Establishment of military dental research program
The House amendment contained a provision (sec. 721) that
would amend chapter 104 of title 10, United States Code, to
authorize the Secretary of Defense to establish a military
dental research program at the Uniformed Services University of
the Health Sciences.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on cryopreservation and storage
The House amendment contained a provision (sec. 722) that
would require the Secretary of Defense to establish a pilot
program to provide not more than 1,000 Active-Duty
servicemembers with the opportunity to cryopreserve and store
their gametes prior to deployment to a combat zone.
The Senate bill contained no similar provision.
The House recedes.
Study on infertility among members of the Armed Forces
The House amendment contained a provision (sec. 728) that
would require the Secretary of Defense to submit a study on the
incidence of infertility among active and reserve component
servicemembers to the Committees on Armed Services of the
Senate and the House of Representatives not later than 180 days
after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees note a requirement in the Senate Report
accompanying S. 1790 (S. Rept. 116-48) of the National Defense
Authorization Act for Fiscal Year 2020, that the Secretary of
Defense provide a similar report to the Committees on Armed
Services of the Senate and the House of Representatives by June
1, 2020.
Study on extending parent's level of TRICARE health coverage to newborn
child
The House amendment contained a provision (sec. 730) that
would require the Secretary of Defense to conduct a study on
extending a parent's level of TRICARE coverage to the newborn
child of the parent and to submit a report on the study to the
congressional defense committees within 120 days of the date of
the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
Report on mental health assessments
The House amendment contained a provision (sec. 732) that
would require the Comptroller General of the United States to
submit to the Committees on Armed Services and Veterans Affairs
of the Senate and the House of Representatives, within 1 year
after the date of the enactment of this Act, a publicly
available report on the Department of Defense's implementation
of section 1074n of title 10, United States Code.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the January 11, 2019, receipt of the
Department of Defense's annual report on mental health
assessments required by section 701 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291). In that report, the
Department described the tools and processes used to provide
annual mental health assessments and also provided certain
recommendations to improve monitoring and reporting the number
of servicemembers: (1) Who receive mental health assessments;
(2) Who get referrals for mental health care; and (3) Who
receive care from those referrals. The conferees anticipate
receipt and review of the annual report in 2020 to understand
how the Department has implemented its recommendations provided
in the 2019 report.
Study and report on mental health assessments for members of the Armed
Forces deployed in support of a contingency operation
The House amendment contained a provision (sec. 733) that
would require the service secretaries to conduct a study on
mental health assessments provided to servicemembers deployed
in connection with a contingency operation and to submit a
report containing the results of the study to the congressional
defense committees within 180 days of the date of the enactment
of this Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees stress the importance of providing mental
health assessments to servicemembers in accordance with section
1074m of title 10, United States Code, and direct the service
secretaries to ensure accomplishment of those assessments for
those servicemembers. Additionally, the conferees expect that
all servicemembers demonstrating mental health signs or
symptoms will receive rapid referral for evaluation and
treatment by the appropriate mental health providers.
Education on family planning for members of the Armed Forces
The House amendment contained a provision (sec. 734) that
would require the Secretary of Defense, in conjunction with the
Secretary of the Department in which the Coast Guard is
operating, to establish a uniform standard curriculum for
servicemembers' family planning education programs within 1
year of the date of the enactment of this Act.
The Senate bill contained no similar provision.
The House recedes.
Funding for CDC ATSDR PFAS health study increment
The House amendment contained a provision (sec. 735) that
would increase funding for the CDC ATSDR PFAS health study
increment.
The Senate bill contained no similar provision.
The House recedes.
Sense of the House of Representatives on increasing research and
development in bioprinting and fabrication in austere military
environments
The House amendment contained a provision (sec. 736) that
would express the sense of the House of Representatives that
the Defense Health Agency should take appropriate actions to
focus on research and development in bioprinting and
fabrication in austere environments.
The Senate bill contained no similar provision.
The House recedes.
Increased collaboration with NIH to combat triple negative breast
cancer
The House bill contained a provision (sec. 737) that
would require the Department of Defense to work in
collaboration with the National Institutes of Health to
identify specific biomarkers and to provide information useful
in drug discovery and clinical trials design to combat triple
negative breast cancer.
The Senate bill contained no similar provision.
The House recedes.
Funding for post-traumatic stress disorder
The House amendment contained a provision (sec. 738) that
would increase Defense Health Program funding for post-
traumatic stress disorder.
The Senate bill contained no similar provision.
The House recedes.
Study on readiness contracts and the prevention of drug shortages
The House amendment contained a provision (sec. 739) that
would require the Secretary of Defense to conduct a study on
the effectiveness of readiness contracts managed by the
Customer Pharmacy Operations Center of the Defense Logistics
Agency in meeting the Department's drug requirements. The study
would include an analysis to determine how the contractual
approach to manage military health care drug shortages could
serve as a model for responding to drug shortages in the
civilian health care market.
The Senate bill contained no similar provision.
The House recedes.
Update of Department of Defense regulations, instructions, and other
guidance to include gambling disorder
The House amendment contained a provision (sec. 740) that
would require the Secretary of Defense, within 180 days of the
date of the enactment of this Act, to consult with the service
secretaries and update all regulations, instructions, and other
guidance of the Department with respect to behavioral health to
explicitly include gambling disorder.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the requirement in section 733 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) for the Secretary of Defense to
incorporate medical screening questions related to gambling
disorder in periodic health assessments and surveys of military
personnel. With this requirement, the Secretary must submit a
report to the Committees on Armed Services of the Senate and
the House of Representatives on the findings of the assessments
or surveys in connection with the prevalence of gambling
disorder among servicemembers. Until the committees receive
this report, the conferees believe it is premature to require
updates to the Department's regulations, instructions, or other
guidance on gambling disorder.
Findings on musculoskeletal injuries
The House amendment contained a provision (sec. 741) that
would express certain findings on musculoskeletal injuries of
Active-Duty servicemembers.
The Senate bill contained no similar provision.
The House recedes.
National Capital Consortium Psychiatry Residency Program
The House amendment contained a provision (sec. 743) that
would express a sense of Congress on the National Capital
Consortium Psychiatry Residency Program.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on partnerships with civilian organizations for
specialized surgical training
The House amendment contained a provision (sec. 746) that
would require the Secretary of Defense to conduct a pilot
program to establish one or more partnerships with public,
private, and non-profit organizations and institutions to
provide short-term specialized surgical training to advance the
medical skills and capabilities of military medical providers.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Senate Report accompanying S.
1790 (S. Rept. 116-48) of the National Defense Authorization
Act for Fiscal Year 2020 encourages the Secretary of Defense to
conduct a pilot program to assess the feasibility and
advisability of partnerships to advance the skills and
capabilities of such providers.
Report on research and studies regarding health effects of burn pits
The House amendment contained a provision (sec. 747) that
would require the Secretary of Defense to submit a report to
the congressional defense committees and the Committees on
Veterans Affairs of the Senate and the House of Representatives
on the status, methodology, and culmination timeline of all the
research and studies being conducted to assess the health
effects of burn pits.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the numerous research studies on the
health effects of burn pits and encourage the Departments of
Defense and Veterans Affairs to continue their efforts to study
the long-term health effects of exposure to harmful toxins in
burn pits.
Training on health effects of burn pits and other airborne hazards
The House amendment contained a provision (sec. 748) that
would require the Secretary of Defense to provide mandatory
training to all medical providers in the Department on the
potential health effects of burn pits and other airborne
hazards and the early detection of those effects.
The Senate bill contained no similar provision.
The House recedes.
The conferees remain concerned regarding the negative
health effects to servicemembers from exposure to burn pits and
other airborne hazards. The conferees encourage the Departments
of Defense and Veterans Affairs to develop jointly a clinical
practice guideline on exposure to airborne environmental
hazards, which would optimize patient care to servicemembers
and veterans exposed to such hazards.
Report on operational medical and dental personnel requirements
The House amendment contained a provision (sec. 749) that
would require the Secretary of Defense to submit a report to
the congressional defense committees, not later than January 1,
2021, on the operational medical and dental personnel
requirements of the Department.
The Senate bill contained no similar provision.
The House recedes.
Partnerships with academic health centers
The House amendment contained a provision (sec. 751) that
would require the Assistant Secretary of Defense for Health
Affairs to establish a University Affiliated Research Center
and to partner with academic health centers to focus on
research to address the unique challenges of wounded warriors.
The Senate bill contained no similar provision.
The House recedes.
Study on use of routine neuroimaging modalities in diagnosis,
treatment, and prevention of brain injury due to blast pressure
exposure during combat and training
The House amendment contained a provision (sec. 752) that
would require the Secretary of Defense to conduct a study on
the feasibility and effectiveness of the use of routine
neuroimaging modalities in diagnosis, treatment, and prevention
of brain injuries among servicemembers due to blast pressure
exposures during combat and training.
The Senate bill contained no similar provision.
The House recedes.
Title VIII--Acquisition Policy, Acquisition Management, and Related
Matters
Subtitle A--Acquisition Policy and Management
Authority for continuous integration and delivery of software
applications and upgrades to embedded systems (sec. 800)
The Senate bill contained a provision (sec. 852) that
would require the Secretary of Defense to establish initial
guidance, not later than 180 days after the enactment of this
Act, authorizing the use of special pathways for the rapid
acquisition of software applications and upgrades that are
intended to be fielded within 1 year. These new pathways would
prioritize continuous integration and delivery of working
software in a secure manner and prioritize continuous oversight
from automated analytics.
The House amendment contained a similar provision (sec.
801).
The House recedes with amendments that would modify the
timeline for developing the guidance; allow for the use of one
or more pathways; clarify that first fielding of capability for
operational use shall occur within one year of the date funds
are first obligated for software development; and direct a
report on use of the authority and recommendations for any
changes to statute by October 15, 2020.
The conferees commend the Under Secretary of Defense for
Acquisition and Sustainment's commitment to adopting the
recommendations of the Defense Innovation Board. The conferees
emphasize that the ability to deliver meaningful capability for
operational use within one year is foundational to the
establishment of this authority and associated procedures. The
conferees remind the Department that delivery of increments of
useful software capability no less frequently than every six
months is not only a best practice for software-intensive
systems but it has also been a standing government-wide
requirement for years. Overcoming the Department's
institutional and cultural resistance to delivering in a year
or less requires ruthless prioritization of features, which
hinges on more effective cooperation among stakeholders. The
conferees also believe that cost estimation and assessment and
program evaluation methods are critical to well-informed
program oversight, and note that, for software initiatives,
such approaches remain nascent. The conferees therefore direct
the Director, Cost Assessment and Program Evaluation, in
coordination with the Defense Digital Service and the directors
of developmental test and operational test and evaluation, to
incorporate lessons learned from the implementation of sections
873 and 874 of the National Defense Authorization Act for
Fiscal Year 2018, and sections 215 and 869 of the National
Defense Authorization Act for Fiscal Year 2019 in the
development of guidance and oversight procedures for managing,
estimating, and assessing software programs. First, the
conferees remind the Department of flexibility already written
into its directive and instruction that the milestone decision
authority and program managers ``shall tailor program
strategies and oversight, including documentation of program
information, acquisition phases, the timing and scope of
decision reviews, and decision levels, to fit the particular
conditions of that program, consistent with applicable laws and
regulations and the time sensitivity of the capability need.''
Accordingly, the conferees also remind the Department that the
use of source lines of code, or ``SLOC'', to estimate or to
measure productivity, is inadequate, inappropriate, and can be
detrimental in incentivizing bad code design. As such, the
conferees encourage the Department to implement the
recommendations on software metrics in the Defense Innovation
Board Software Acquisition and Practices Study. Finally, the
conferees request a briefing no later than March 30, 2020 from
the Joint Staff on how the JCIDS process can be updated to
accommodate more flexibility given the iterative and ever-
changing nature of present-day acquisition of software.
Pilot program on intellectual property evaluation for acquisition
programs (sec. 801)
The Senate bill contained a provision (sec. 801) that
would permit the Secretary of Defense and the Secretaries of
the military departments to jointly carry out a pilot program
to assess mechanisms to evaluate intellectual property in
acquisition programs.
The House amendment contained a similar provision (sec.
861(b)).
The House recedes with an amendment which clarifies the
selection of programs and activities to be carried out under
the pilot.
Pilot program to use alpha contracting teams for complex requirements
(sec. 802)
The Senate bill contained a provision (sec. 802) that
would require the Secretary of Defense to establish a pilot
program to use third-party industry, academia, or not-for-
profit technical organizations as part of alpha contracting
teams for complex technical requirements for services.
The House amendment contained no similar provision.
The House recedes.
The conferees note that this construct revives in a
modern context the ``alpha contracting'' concept that is more
than a decade old. Further, it brings together all government
personnel involved in the functions that support acquisition
actions, to include contracting staff as well as technical
staff, operators, and cost personnel. This is intended to
ensure that technical requirements are appropriately valued and
that the most effective acquisition strategy to achieve these
requirements is identified.
Failure to provide other than certified cost or pricing data upon
request (sec. 803)
The House amendment contained a provision (sec. 803) that
would modify section 2306a of title 10, United States Code, to
revise the conditions under which the Department of Defense
requires offerors to provide certain data. Specifically, in a
case where the head of contracting activity determines the
Department is the only buyer of certain commercial items, it
introduces a new requirement for those offerors to provide cost
or pricing data. Further, in a case where the Department of
Defense is determining whether a sole-source offeror's price is
reasonable, the provision would direct the Secretary of Defense
to require that offeror to provide other than certified cost or
pricing data. The provision would further direct the Defense
Contract Management Agency to propose which commercial products
require should-cost analysis before award.
The House amendment contained a another provision (sec.
804) that would modify section 2306a(c) of title 10, United
States Code, and section 3504 of title 41, United States Code,
to give contracting officers, instead of the head of the
procuring activity, the discretion to request certified cost or
pricing data in cases where, although not required, the
contracting officer deems it necessary to determine price
reasonableness. The provision would further add commercial
items to the list of products where contracting officers may
request such data.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would combine
the two provisions, to instead modify section 2306a(d) of title
10, United States Code, to specify that offerors who do not
make a good faith effort to comply with a contracting officer's
reasonable requests for data other than certified cost or
pricing data are ineligible for award. The amendment would also
direct contracting officers, when determining whether an
offeror's price is fair and reasonable, to not base that
assessment solely on the historical prices paid by the
government. The amendment would further add a requirement for
the Under Secretary of Defense for Acquisition and Sustainment
to identify and report those offerors who denied multiple such
requests and nonetheless received awards, as part of assessing
whether to conduct should-cost analysis on such products in the
future.
Comptroller General report on price reasonableness (sec. 804)
The House amendment contained a provision (sec. 805) that
would require the Comptroller General of the United States to
submit a report not later than March 31, 2021, to the
congressional defense committees, the House Committee on
Oversight and Reform, and the Senate Committee on Homeland
Security and Governmental Affairs on the efforts of the
Department of Defense to obtain cost and pricing data for sole
source contracts for spare parts.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on transfer of funds related to cost overruns and cost
underruns (sec. 805)
The House amendment contained a provision (sec. 814) that
would repeal an annual requirement for the Secretary of each
military department to pay penalties for cost overruns on major
defense acquisition programs, which were then credited to the
Rapid Prototyping Fund.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would make the
repeal effective beginning in fiscal year 2020.
Standardizing data collection and reporting on use of source selection
procedures by Federal agencies (sec. 806)
The House amendment contained a provision (sec. 829) that
would amend section 813 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) and section 880
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) to repeal the
requirements for the Comptroller General of the United States
to provide annual reports on the government's use of lowest
price technically acceptable (LPTA) source selection
procedures. The provision would also require revising the
Federal Procurement Data System (FPDS) to capture more data on
the use of lowest price technically acceptable procedures.
The Senate bill contained no similar provision.
The Senate recedes.
Department of Defense use of fixed-price contracts (sec. 807)
The Senate bill contained a provision (sec. 806) that
would require the Under Secretary of Defense for Acquisition
and Sustainment to review how the Department of Defense uses
fixed-price contracts, including fixed-price incentive
contracts, to support acquisition objectives and brief the
congressional defense committees not later than February 1,
2020. The provision would further require the Comptroller
General of the United States to submit a report on the
Department's use of fixed-price contracts over time no later
than February 1, 2021. This provision would also delay the
implementation of regulations requiring the use of fixed-price
contracts for foreign military sales until after 2020.
The House amendment contained no similar provision.
The House recedes.
Repeal of continuation of data rights during challenges (sec. 808)
The House amendment contained a provision (sec. 812) that
would repeal section 866 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
pertaining to revisions of authority for the government to use
non-commercial technical data during a period of challenge, in
an agency Board of Contract Appeals, or the U.S. Court of
Federal Claims under certain circumstances.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees understand that the Under Secretary of
Defense for Acquisition and Sustainment is working with
industry to address possible policy modifications related to
technical data rights and their disposition during challenges.
The conferees encourage the Under Secretary of Defense for
Acquisition and Sustainment to continue these engagements and
keep the Congress informed of progress with respect to these
matters.
Repeal of authority to waive acquisition laws to acquire vital national
security capabilities (sec. 809)
The House amendment contained a provision (sec. 813) that
would repeal section 806 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), which allowed the
Secretary of Defense to waive any provision of acquisition law
or regulation in certain circumstances.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees note that the Department did not use the
waiver.
Repeal of the Defense Cost Accounting Standards Board (sec. 810)
The House amendment contained a provision (sec. 834) that
would repeal section 190 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Modification of Director of Operational Test and Evaluation report
(sec. 815)
The Senate bill contained a provision (sec. 805) that
would amend section 139(h) of title 10, United States Code, to
require the Director of Operational Test and Evaluation to
solicit comments from the Secretaries of the military
departments for inclusion in the Director's annual report to
Congress, retaining the Director's discretion to issue the
report without comments if they are not timely. This provision
does not change or alter any Director of Operational Test and
Evaluation authorities.
The House amendment contained a similar provision (sec.
252) that would amend section 139(h) of title 10, United States
Code, to change the sunset date pertaining to the same annual
report.
The House recedes with an amendment that would extend the
sunset date through January 31, 2025.
Modification of written approval requirement for task and delivery
order single contract awards (sec. 816)
The Senate bill contained a provision (sec. 803) that
would amend section 2304a(d)(3) of title 10, United States
Code, to eliminate the requirement that single award task or
delivery order contracts over $100.0 million receive additional
approval when already authorized under one of the exceptions to
full and open competition.
The House amendment contained no similar provision.
The House recedes.
Responsibility for data analysis and requirements validation for
services contracts (sec. 817)
The House amendment contained a provision (sec. 825) that
would amend section 2329 of title 10, United States Code, to
specify that the Secretary of Defense act through the Under
Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation to annually collect data on
the amount contracted for services procured by the Department
of Defense, which would be included in the Future Years Defense
Program submitted to Congress.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
The conferees note that Senate Report 116-48 accompanying
S. 1790 directs the Secretary of Defense, in consultation with
the Chief Management Officer, the Under Secretary of Defense
for Acquisition and Sustainment, and the Secretaries of the
military departments, to identify updated approaches for
overseeing service contracts and address how these will support
the oversight, data analytics, and outcome measures specified
in section 2329 of title 10, United States Code. The Senate
Report further directs the Department to leverage the expertise
of the Chief Data Officer, to ensure that the approaches
identified align with and support the Department's analytic
capabilities. The conferees direct the Under Secretary of
Defense (Comptroller) and Director of Cost Assessment and
Program Evaluation to coordinate with the parties identified as
they carry out the efforts specified in Senate Report 116-48.
Documentation of market research related to commercial item
determinations (sec. 818)
The Senate bill contained two provisions (sec. 809 and
sec. 5802) that would amend section 2377(c) of title 10, United
States Code, and section 3307(d) of title 41, United States
Code, respectively, to require that market research for
commercial products and services be documented in a manner
appropriate to the size and complexity of the acquisition.
The House amendment contained no similar provision.
The House recedes.
Availability of data on the use of other transaction authority and
report on the use of authority to carry out prototype projects
(sec. 819)
The House amendment contained a provision (sec. 826) that
would amend section 2371b of title 10, United States Code, to
add a requirement for the Secretary of Defense to report
annually to the congressional defense committees on the use
other transaction authority.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would revise
section 873 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-323) to
extend the requirement to 2023 and require data on the use of
other transactions are accessible to any official designated by
the Secretary of Defense.
Notification of Navy procurement production disruptions (sec. 820)
The Senate bill contained a provision (sec. 861) that
would require the Secretary of the Navy to require prime
contractors of any Navy procurement program to report, within
15 calendar days of any contractor or subcontractor stop work
order or within 15 days of a contractor or subcontractor
manufacturing disruption that has lasted 15 calendar days, to
the respective program manager and Navy technical authority.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit such
notifications to programs procured with funds from the
Shipbuilding and Conversion, Navy and Other Procurement, Navy
accounts.
The conferees direct the Secretary to submit a report to
the congressional defense committees not later than 60 days
after the date of enactment of this Act that details the plan
to implement this provision as soon as possible.
Modification to acquisition authority of the Commander of the United
States Cyber Command (sec. 821)
The Senate bill contained a provision (sec. 862) that
would modify section 807 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), which established
the acquisition authority of the Commander of U.S. Cyber
Command, to change the applicability of the annual limit to new
contract efforts.
The House amendment contained no similar provision.
The House recedes with a technical and clarifying
amendment.
Extension of Never Contract With the Enemy (sec. 822)
The Senate bill contained a provision (sec. 834) that
would extend the Never Contract With the Enemy program through
2023 and would provide for various expansions, including the
contracts covered and the authorities of the combatant commands
to mitigate threats posed by vendors supporting operations
outside the United States.
The House amendment contained no similar provision.
The House recedes with an amendment that maintains only
the program extension through 2023.
Modification of justification and approval requirement for certain
Department of Defense contracts (sec. 823)
The Senate bill contained a provision (sec. 842) that
would revise authorities relating to Department of Defense
approval of certain sole source awards to 8(a) firms, which
include tribes, Alaska Native, and Hawaiian firms.
Specifically, the threshold for requiring justification and
approval would be increased to $100.0 million and the approving
authority would be the head of procuring activity or a
designee. The provision would also require the Department to
collect data and the Comptroller General of the United States
to report to the congressional defense committees on the impact
of the provision.
The House amendment contained a similar provision (sec.
830).
The House recedes with an amendment that clarifies
details of the Comptroller General review.
Extension of sunset relating to Federal Data Center Consolidation
Initiative (sec. 824)
The House amendment contained a provision (sec. 895) that
would extend the sunset date of the Federal Data Center
Consolidation Initiative established in section 834 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291)
from October 1, 2020, to October 1, 2022.
The Senate bill contained no similar provision.
The Senate recedes.
Pilot program to accelerate contracting and pricing processes (sec.
825)
The Senate bill contained a provision (sec. 807) that
would amend a pilot established in section 890 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232). That law authorized the Secretary of
Defense to reform and accelerate the contracting and pricing
processes for 10 programs on a pilot basis. The amendment would
remove the 10-program limitation and would delay the program's
sunset from January 2, 2021, to January 2, 2022.
The House amendment contained no similar provision.
The House recedes.
Uniformity in application of micro-purchase threshold to certain task
or delivery orders (sec. 826)
The House amendment contained a provision (sec. 899I)
that would amend section 4106(c) of title 41, United States
Code, to replace $2,500 with the micro-purchase threshold.
The Senate bill contained no similar provision.
The Senate recedes.
Requirement for cost estimates on models of commercial e-commerce
portal program (sec. 827)
The House amendment contained a provision (sec. 891) that
would direct the Administrator of General Services to establish
a five-year program to test each of the three models of
commercial e-commerce portals before awarding a final contract
to a provider.
The Senate bill contained no similar provision.
The Senate recedes with amendments that replace the
requirement for a five-year test program with a requirement for
cost estimates, and directs that the estimates be submitted
within a year after the first contracts are awarded under the
program.
In implementing this section, the conferees do not intend
to require the Administrator to provide independent government
cost estimates, but rather a range of potential costs or a
general order of magnitude for each model.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Modification of requirements for reporting to Congress on certain
acquisition programs (sec. 830)
The House amendment contained a provision (sec. 893) that
would exclude the selected acquisition reports required by
section 2432 of title 10, United States Code, from the reports
that will sunset under section 1080 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92). The
provision would also require the Secretary of Defense to
propose an alternative for reporting the status of major
defense acquisition programs and other acquisition activities
that would include information on cybersecurity tests, software
development metrics, and quality metrics for software.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
selected acquisition reports for any defense program estimated
to require a total expenditure of more than $300.0 million for
research, development, test and evaluation or a total
expenditure of more than $1,800.0 million for procurement
through fiscal year 2021 and that would clarify the requirement
for the Secretary of Defense to report on alternatives models
and thresholds for congressional reporting on acquisition
programs.
Pilot program to streamline decision-making processes for weapon
systems (sec. 831)
The Senate bill contained a provision (sec. 808) that
would require the service acquisition executive for each
military department to recommend at least one major defense
acquisition program to participate in the pilot program to
streamline decision-making processes not later than February 1,
2020.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment to brief the congressional defense
committees not later than May 1, 2020, on the acquisition
programs selected for the pilot program, the associated action
plans and timelines for each program, and the manner in which
each program conforms to the required elements of the pilot
program.
Analysis of alternatives pursuant to materiel development decisions
(sec. 832)
The Senate bill contained a provision (sec. 5803) that
would require updated guidance for analyses of alternatives
conducted pursuant to a materiel development decision for a
major defense acquisition program, to include requiring that
studies are completed within nine months; establishing
procedures to waive this requirement on a case-by-case basis;
and reporting late studies or the use of the waiver to
congressional defense committees.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Under Secretary of Defense for Acquisition and Sustainment to
assess how the Department conducts analyses of alternatives.
Naval vessel certification required before Milestone B approval (sec.
833)
The Senate bill contained a provision (sec. 821) that
would require a certification of compliance with section 8669b
of title 10, United States Code, for naval vessel programs
prior to Milestone B approval.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Provisions Relating to the Acquisition System
Extramural acquisition innovation and research activities (sec. 835)
The House amendment contained a provision (sec. 861(l))
that would amend chapter 97 of title 10, United States Code, to
establish an academic center for acquisition innovation at the
Naval Postgraduate School to provide decision-makers with
academic analyses and policy alternatives for innovating the
defense acquisition system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Secretary of Defense to establish extramural acquisition
innovation and research activities to include an acquisition
research organization within a non-Federal civilian university
or college, to provide and maintain essential research and
development capabilities through a long-term, strategic
relationship with the Department of Defense.
Report on realignment of the defense acquisition system to implement
acquisition reforms (sec. 836)
The House amendment contained a provision (sec. 822) that
would direct the Secretary of Defense to provide a briefing to
the committee on lessons learned through the use of the
authority provided under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note)
commonly known as ``Middle-Tier of Acquisition,'' to include
certain risks and how the lessons are applicable to procedures
for acquiring major defense acquisition programs.
The Senate bill contained no similar provision.
The Senate recedes with amendments that instead require
the Secretary of Defense to report on ongoing efforts to
realign the whole Defense Acquisition System in response to
recent reforms--through changes to the 5000 series of
directives, instructions, guidance and procedures and to
address certain elements in the report.
The conferees appreciate the careful consideration the
Department is giving to implementing the acquisition reforms
legislated through these Acts over the last five years. In
doing so, the conferees note that the Department of Defense can
no longer afford to use cost, schedule, and performance
thresholds as simple proxies for risk when designating the path
an acquisition program travels through the Defense Acquisition
System, and in organizing how programs are managed and
overseen. Exclusive attention to cost, schedule, and
performance of major defense acquisition programs and other
development programs obscures a myriad of other risks in
programs large and small, any one of which could be single
points of failure for successful acquisition. Such risks
include: technical risks such as engineering, software,
manufacturing and testing; integration and interoperability
risks--complicated by the implications of systems working
across multiple domains while using machine learning and
artificial intelligence capabilities to continuously change and
optimize system performance; operations and sustainment risks--
mediated by access to technical data and intellectual property
rights; workforce and training risks--to include consideration
of the role of contractors as part of the total workforce; and
supply chain risks--to include cybersecurity, foreign control
and ownership of key elements of supply chains, and the
consequences a fragile and weakening defense industrial base,
combined with barriers to industrial cooperation with allies
and partners pose for delivering systems and technologies in a
trusted and assured manner. Finally, the Secretary's report
under this section should look ahead to consider the
implications of these changes for the acquisition of non-
developmental items and the implications of the shift in
acquisition of capabilities through development, to acquisition
of capabilities ``as-a-service''.
Based on the Secretary's report under this section, and
given the important role of the Comptroller General's annual
weapons assessment in enabling the congressional defense
committees' detailed oversight of the Defense Acquisition
System, the conferees also direct the Comptroller General of
the United States to brief the committees on how the
Department's efforts are informing the refresh of that annual
report as directed under section 803 of the National Defense
Authorization Act for Fiscal Year 2019.
Report and limitation on the availability of funds relating to the
``middle tier'' of acquisition programs (sec. 837)
The House amendment contained a provision (sec. 821) that
would amend section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to direct the
Secretary of Defense to ensure the Director of Operational Test
and Evaluation, the Director of Cost Assessment and Program
Evaluation, and the Under Secretary of Defense for Research and
Engineering have access to certain data on acquisitions carried
out under the authority, and would limit use of the authority
to programs below the major defense acquisition threshold
unless the Secretary were to issue a waiver. The House
amendment also contained a provision (sec. 861(f)) that would
direct the Secretary to submit a report that would include the
guidance required by section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) and,
would limit the Department's ability to obligate or expend
funds on Middle Tier programs until that report is submitted.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
provision amending section 804, and, relating to the report and
guidance, would expand the limitation of funds beyond
acquisition programs, to the organizations which are parties to
the disagreements that are preventing the guidance from being
finalized.
The conferees believe the difficulty the Department has
faced in reaching agreement illustrates the tension of
balancing empowered execution by the Services with appropriate
oversight by the Director of Cost Assessment and Program
Evaluation, the Director of Operational Test and Evaluation,
and the Under Secretaries of Defense for Research and
Engineering and for Acquisition and Sustainment, as well as
Congressional oversight. To address the latter, the conferees
direct the Defense Acquisition Executive and the Service
Acquisition Executives to notify the congressional defense
committees within 30 days of a decision to designate a program
to use the authority provided for under section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92). The conferees note the inability of the parties to
reach agreement on the use of this authority threatens the
momentum of the very initiatives that would most benefit from
it. The conferees encourage the parties to focus immediately on
the most critical issues, bring them to resolution, and publish
the guidance required by section 804.
Report on intellectual property policy and the cadre of intellectual
property experts (sec. 838)
The House amendment contained a provision (sec. 861(d))
that would amend section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1450) by requiring the Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, to submit a report on activities to implement
section 2322 of title 10, United States Code, to include the
composition and plans for the cadre, and the policy on the
acquisition or licensing of intellectual property required. The
provision would also limit the funds the Department may
obligate or expend until the report is submitted.
The Senate bill contained no similar provision.
The Senate recedes with a an amendment that would require
that the report include a description of the specific
activities performed, and the programs and efforts supported
by, the cadre of intellectual property experts and would change
the Department of Defense offices subject to limitation of
funds.
Guidance and reports relating to covered defense business systems (sec.
839)
The House amendment contained a provision (sec. 861(a))
that would amend section 2222(d) of title 10, United States
Code, to require that guidance developed by the Department of
Defense for defense business systems includes policies to
ensure compliance with auditability requirements and approvals.
The provision would also establish due dates to provide
guidance related to covered defense business systems, as well
as due dates to provide the Department's information technology
enterprise architecture and related integration plans and
schedules. The provision would also limit the availability of
funds until such guidance, architecture and plans are provided.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the limitation on funds and combine the reporting requirements
for the information technology enterprise architecture.
Implementation guidance for use of a modular open system approach (sec.
840)
The House amendment contained a provision (sec. 861(c))
that would require the Secretary of Defense, acting through the
Director of Cost Assessment and Performance Evaluation, to
submit to the congressional defense committees a report that
includes the study guidance required under section 2446b(b) of
title 10, United States Code, and would limit funding available
if the report is not provided by the end of 2019. The provision
would also modify section 2446c of title 10, United States
Code, to require a policy on the support for the acquisition
for modular open system approaches (MOSA).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would instead
modify section 2446b of title 10, United States Code, to direct
the Secretaries of the military departments to develop
implementing guidance for the requirements to address MOSA, and
as well would amend section 2446c of title 10, United States
Code, to direct the Secretaries of the military departments to
develop policies relating to the availability of major system
interfaces and support for MOSA.
The conferees note the importance of policies in
implementing MOSA to the fullest extent. Therefore, the
conferees direct the Secretaries of the military departments to
submit a report to the congressional defense committee by March
15, 2020, that includes the implementation guidance required
under section 2446b of title 10 and section 2446c of title 10.
Furthermore, the conferees note that MOSA should go beyond the
ability to exchange information broadly through the adoption of
standards. Therefore, the conferees direct the Secretaries of
the military departments to include in their policy a
description of the goals and anticipated benefits of MOSA, with
respect to maintaining and enhancing competition across the
life-cycle of systems and programs; enabling systems to be more
easily upgraded over their lifetimes; more easily modifying or
replacing components and modules without the risk of adversely
affecting software or the functioning of other components and
modules; achieving interoperability among a wide range of
systems, and thereby enabling the creation of novel cross-
domain and cross-service kill chains.
Limitation on availability of funds for the Office of the Chief
Management Officer of the Department of Defense (sec. 841)
The House amendment contained a provision (sec. 861(e))
that would limit the fiscal year 2020 funds that may be
obligated or expended for the Office of the Chief Management
Officer of the Department of Defense until the date on which
the Chief Management Officer submits either a certification of
cost savings or the notice and justification described in
Section 921(b)(5) of the National Defense Authorization Act for
Fiscal Year 2019.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--Industrial Base Matters
Modernization of acquisition processes to ensure integrity of
industrial base (sec. 845)
The Senate bill contained a provision (sec. 831) that
would require the Secretary of Defense to modernize mitigation
of risks to the integrity of the supply chain, to include those
cited in recent studies on the defense industrial base.
The House amendment contained similar provisions (secs.
853, 855, and 892).
The House recedes with amendments that would establish
the requirement for the framework in statute under section 2506
of title 10, United States Code; add certain systems to a list
of those being assessed; and provide further detail on phased
implementation and reporting on the framework.
The conferees note that contracting is the mechanism by
which the Department of Defense operationalizes its
relationship with the defense industrial base/national security
innovation base. The conferees further note that the
Department's ability to maintain awareness of the sources of
procured items or materials, including the degree to which the
sources are foreign or domestic, are critical elements for
understanding supply chain risks. This is particularly the case
for items used in critical programs such as major defense
acquisition programs. The conferees believe that certain risks
to the defense industrial base are not being appropriately
considered. These include but are not limited to risks
associated with: insufficient insight into ownership
structures, fragile sources of supply, and cybersecurity
concerns, as well as contractors' violations of law pertaining
to fraud, human trafficking, and worker health and safety. The
conferees further note that, even where risks may be a high
priority, the existing acquisition processes and procedures are
not effective or timely in mitigating such risks. As such, the
provision would require the Department to rigorously optimize
the policy, processes, and procedures throughout the
contracting life cycle, beginning with market research,
responsibility determination, technical evaluation/award,
mobilization, contract administration, contract management and
oversight (to include contractor business systems reviews), and
contract audit for closeout. It is critical that this
optimization incorporate modern sources of data and methods to
conduct appropriate and continuous risk assessment for
contractors doing business with DOD. The provision would also
require the Comptroller General of the United States to
coordinate individual reviews in these risk areas, report on
them collectively, and begin annual reviews of the Department's
progress in this area.
Report requirements for the national technology and industrial base
(sec. 846)
The House amendment contained a provision (sec. 861(k))
that would amend section 2501(a) of title 10, United States
Code, to establish a deadline for the Secretary of Defense to
submit an already-required strategy to Congress after the
submission of the national security strategy report required
under section 108 of the National Security Act of 1947. The
provision would also modify section 2504(3) of title 10, United
States Code, to require that the Department's annual report to
Congress on the national technology and industrial base include
a prioritized list of gaps and vulnerabilities within the base.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that clarifies
requirements for the annual report to Congress, and that adds a
requirement to submit unfunded priorities for the national
technology and industrial base, ten days after the annual
budget is submitted to Congress.
The conferees note that the national security strategy
developed by the United States for the national technology and
industrial base should leverage an analytical framework that
uses digital tools, technologies, and approaches to inform
decision-makers.
Mitigating risks related to foreign ownership, control, or influence of
Department of Defense contractors or subcontractors (sec. 847)
The Senate bill contained a provision (sec. 833) that
would require the Secretary of Defense to amend policy and
regulation to take steps to enhance the process for assessing
and mitigating risks related to foreign ownership, control, or
influence (FOCI).
The House amendment contained no similar provision.
The House recedes with technical and clarifying
amendments.
The conferees are concerned by the growing threat to the
integrity of the defense industrial base from strategic
competitors, like the Russian Federation, the People's Republic
of China, and their proxies, seeking to gain access to
sensitive defense information or technology through contractors
or subcontractors. The conferees recognize that there are
existing efforts underway to understand and mitigate some of
these risks as directed by several pilot programs including
section 1048 of the National Defense Authorization Act for
Fiscal Year 2019 and section 1969 of the National Defense
Authorization Act for Fiscal Year 2018. The conferees also
recognize that the Defense Counterintelligence and Security
Agency (DCSA) has transitioned to a new mission and has taken
on additional responsibilities despite resource constraints.
However, the acquisition community must have greater visibility
into all cleared and uncleared potential contractors and
subcontractors seeking to do business with the Department. The
Department must ensure that contractors and subcontractors do
not pose a risk to the security of sensitive data, systems, or
processes such as personally identifiable information,
cybersecurity, or national security systems.
Prohibition on operation or procurement of foreign-made unmanned
aircraft systems (sec. 848)
The Senate bill contained a provision (sec. 863) that
would prohibit the operation or procurement of foreign-made
unmanned aircraft systems by the Department of Defense. The
House amendment contained a similar provision (sec. 854, as
amended by sec. 899D) that would prohibit the Secretary of
Defense from operating or entering into a contract for the
procurement of certain unmanned aircraft systems.
The House recedes.
Additionally, the conferees encourage the Secretary of
Defense to take such action as necessary to strengthen the
domestic production of small unmanned aircraft systems (as
defined in section 331 of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 44802 note)), as
described under Presidential Determination No. 2019-13 of June
10, 2019.
Modification of prohibition on acquisition of sensitive materials from
non-allied foreign nations (sec. 849)
The Senate bill contained a provision (sec. 1411) that
would include tantalum in the definition of covered materials.
Additionally, the provision would expand the National Defense
Stockpile Manager's authority to not sell a material if it is
determined to not be in the national interests of the United
States.
The House amendment contained a similar provision (sec.
808).
The House recedes with a technical amendment.
Acquisition and disposal of certain rare earth materials (sec. 850)
The Senate bill contained a provision (sec. 6401) that
would require the Secretary of Defense, acting through the
Defense Logistics Agency, to submit a report assessing issues
relating to the supply chain for rare earth materials.
The House amendment contained a similar provision (sec.
807) that would require the Department of Defense to promulgate
guidance on streamlined acquisition of items with rare earth
materials and allows exceptions to the Joint Capabilities
Integration and Development System Manual and Department of
Defense Directive 5000.01. The provision would also provide
authority for the disposal of tungsten ores and concentrates
contained in the National Defense Stockpile and acquisition of
other critical materials.
The Senate recedes with an amendment that would remove
the requirement to establish guidance on streamlined
acquisition of covered rare earth materials and would include
an assessment of rare earth supply chain issues.
Pilot program for development of technology-enhanced capabilities with
partnership intermediaries (sec. 851)
The House amendment contained a provision (sec. 879) that
would authorize the Commander of U.S. Special Operations
Command to use not more than 5 percent of funds required to be
expended by the Department of Defense relating to small
businesses for a pilot program to increase participation by
small business concerns in the development of technology-
enhanced capabilities for special operations forces. The
authority would terminate on September 30, 2021.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would revise
the authority of the Commander of the United States Special
Operations Command to use the greater of $2.0 million or 5
percent of funds required to be expended by the Department of
Defense relating to small businesses for the pilot program and
limits the scope to contracts and agreements to small business
concerns.
Authorized official to carry out the procurement technical assistance
cooperative agreement program (sec. 852)
The Senate bill contained a provision (sec. 902) that
would move the management and oversight of the Procurement
Technical Assistance Cooperative (PTAC) Agreement Program from
the Defense Logistics Agency to the Office of the Under
Secretary of Defense for Acquisition and Sustainment.
The House amendment contained a similar provision (sec.
880).
The Senate recedes with a clarifying amendment.
Requirement that certain ship components be manufactured in the
national technology and industrial base (sec. 853)
The House amendment contained a provision (sec. 806) that
would amend section 2534 of title 10, United States Code, and
would require certain auxiliary ship components to be procured
from a manufacturer in the national technology and industrial
base.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
large medium speed diesel engines for certain auxiliary ships
to be procured from a manufacturer in the national technology
and industrial base.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
60 days after the date of enactment of this Act that details
the plan to implement section 844 of the John S. McCain
National Defense Authorization Act (Public Law 115-232) as soon
as possible.
Addition of domestically produced stainless steel flatware and
dinnerware to the Berry Amendment (sec. 854)
The House amendment contained a provision (sec. 815) that
would amend section 2533a(b) of title 10, United States Code,
to add dinnerware and stainless steel flatware as covered
items, requiring that the Department of Defense procure them
only from domestic sources.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would set the
addition to expire at the end of fiscal year 2023, and
meanwhile require the Secretary of Defense to assess the
rationale and implications of limiting procurement of these
items to domestic sources.
Application of miscellaneous technology base policies and programs to
the Columbia-class submarine program (sec. 855)
The House amendment contained a provision (sec. 809) that
would amend the application of miscellaneous technology base
policies and programs to the Columbia-class submarine program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Application of limitation on procurement of goods other than United
States goods to the FFG-Frigate Program (sec. 856)
The House amendment contained a provision (sec. 810) that
would allow funds authorized for the FFG-Frigate program to be
used to award a contract that does not domestically source
propulsion or certain auxiliary equipment.
The Senate bill contained no similar provision.
The Senate recedes.
Sense of Congress regarding consideration of price in procurement of
the FFG(X) frigate (sec. 857)
The House amendment contained a provision (sec. 811) that
would require the Secretary of the Navy to ensure cost is a
critical factor in the procurement of the FFG(X) Frigate.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express
the sense of Congress that in evaluating proposals for a
contract to procure a FFG(X) frigate in fiscal year 2020, the
Secretary of the Navy should ensure price is a critical factor.
Subtitle F--Provisions Relating to Acquisition Workforce
Establishment of Defense Civilian Training Corps (sec. 860)
The House amendment contained a provision (sec. 861) that
would amend part III of subtitle A of title 10, United States
Code, to establish a Defense Civilian Acquisition Training
Corps.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to create a Defense Civilian Training
Corps to prepare selected students for civilian service in the
Department of Defense in occupations related to acquisition,
science, engineering, or other occupations determined by the
Secretary of Defense.
Defense acquisition workforce certification, education, and career
fields (sec. 861)
The House amendment contained a provision (sec. 861) that
would amend several sections of chapter 87, of title 10, United
States Code, to modify how the defense acquisition workforce is
managed, trained, and selected. The provision would also
require the Defense Acquisition University to have at least 25
percent of its civilian instructors be visiting professors from
civilian colleges or universities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Defense Acquisition University to employ at least five
visiting professors by September 1st, 2021.
Software development and software acquisition training and management
programs (sec. 862)
The House amendment contained a provision (sec. 802) that
would direct the Secretary of Defense to implement software
development and acquisition training and management programs
for all software acquisition professionals, developers, and
associated functions to provide software practitioners access
to modern engagement and collaboration platforms to connect,
share their skills and knowledge, and develop solutions
leveraging the full defense enterprise.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification of temporary assignments of Department of Defense
employees to a private-sector organization (sec. 863)
The House amendment contained a provision (sec. 842) that
would create a two-way exchange program between the Department
of Defense acquisition workforce and private sector companies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the existing public-private talent exchange program authorized
by section 1599g of title 10, United States Code. The amendment
would clarify that private-sector organizations shall not be
considered to have an organizational conflict of interest with
the Department of Defense solely based on participation in the
talent exchange. The amendment would also authorize the use of
the Defense Acquisition Workforce Development Fund in
connection with the talent exchange program.
Incentives and consideration for qualified training programs (sec. 864)
The House amendment contained a provision (sec. 843) that
would amend chapter 141 of title 10, United States Code, by
adding a new section to incentivize contractors to invest in
workforce development programs to address the workforce needs
of the Department of Defense, as determined by the Secretary.
This section would also require the Secretary of Defense to
include an evaluation of contractor workforce development
programs in the contract past performance system.
The Senate bill contained no similar provision.
The Senate recedes.
Use of qualified apprentices by military construction contractors (sec.
865)
The House amendment contained a provision (sec. 844) that
would require the Secretary of Defense to revise the Defense
Supplement to the Federal Acquisition Regulation to require a
system be used to monitor or record contractor past performance
of the contractor making a good faith effort to meet or exceed
the apprenticeship employment goal of 20 percent. This section
would also require the Secretary of Defense to develop an
apprenticeship workforce incentive program to encourage
contractors to meet the 20 percent goal of employing certified
and skilled workers who have completed State-mandated,
federally funded programs in the relative career fields and
certify to good faith effort to achieve the goal. This section
would also require the Secretary of Defense to include an
evaluation of whether the contractor meets this goal in the
contractor past performance rating system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense to also consider certain high-quality
industry recognized apprenticeship programs when evaluating
contractor performance.
The conferees note that the Department of Labor has
issued a proposed rule that would establish a process for
recognizing Standards Recognition Entities, which will in turn
recognize Industry-Recognized Apprenticeship Programs. The
conferees encourage the Secretary of Defense to work with the
Department of Labor as the proposed rule takes effect to ensure
any apprenticeship programs recognized by the Department of
Defense are of sufficient quality.
Subtitle G--Small Business Matters
Requirements relating to credit for certain small business concern
subcontractors (sec. 870)
The House amendment contained a provision (sec. 873) that
would amend section 8(d) of the Small Business Act (15 U.S.C.
637) to clarify that large prime contractors have the ability
to receive subcontracting credit for small businesses at lower
tiers; strengthen the agency's ability to collect and review
data regarding prime contractors' achievement of their
subcontracting plans; require the prime contractor to keep and
maintain records to demonstrate subcontracting credit claimed;
and implement a new dispute process allowing small
subcontractors to bring nonpayment issues to the agency small
business advocate.
The Senate bill contained no similar provision.
The Senate recedes with amendment that would remove the
new dispute process for nonpayment issues.
Inclusion of best in class designations in annual report on small
business goals (sec. 871)
The House amendment contained a provision (sec. 874) that
would amend section 15(h) of the Small Business Act (15 U.S.C.
644(h)) to require the Small Business Administration (SBA) to
report Federal spending made through designated ``best in
class'' vehicles, and to report on the dollars awarded through
these vehicles to small businesses. Additionally, this section
would require the SBA to report the dollar amount of contracts
awarded to HUBZone, women-owned, service-disabled veteran-
owned, and socially and economically disadvantaged (also known
as 8(a)) small businesses.
The Senate bill contained no similar provision.
The Senate recedes.
Reauthorization and improvement of Department of Defense Mentor-Protege
Program (sec. 872)
The Senate bill contained a provision (sec. 841) that
would amend Section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302
note) to make the Department of Defense's pilot Mentor-Protege
Program permanent and to require that the Department's Office
of Small Business Programs establish performance goals and
outcome-based metrics for the program. The provision would also
direct the Secretary of Defense to direct the Defense Business
Board to study the effectiveness of the program and make
recommendations for program improvements. Further, the
provision would repeal the Department's half-size standard
restriction for protege participants.
The House amendment contained a similar provision.
The Senate recedes with amendments that would extend the
pilot program by authorizing new agreements through the end of
fiscal year 2024, but limiting them to two years, and would
permit reimbursements and subcontracting credits associated
with such agreements through fiscal year 2026.
Accelerated payments applicable to contracts with certain small
business concerns under the Prompt Payment Act (sec. 873)
The House amendment contained a provision (sec. 883) that
would amend section 3903(a) of title 31, United States Code, to
accelerate, to the fullest extent permitted by law, the payment
date for prime contractors that are small business concerns or
that subcontract with small business concerns, with a goal of
15 days.
The Senate bill contained no similar provision.
The Senate recedes.
Postaward explanations for unsuccessful offerors for certain contracts
(sec. 874)
The House amendment contained a provision (sec. 884) that
would revise the Federal Acquisition Regulation to require that
contracting officers provide a brief explanation to
unsuccessful offerors, if requested, for task or delivery
orders in an amount greater than the simplified acquisition
threshold and less than or equal to $5.5 million issued under
an indefinite delivery-indefinite quantity contract.
The Senate bill contained no similar provision.
The Senate recedes.
Small business contracting credit for subcontractors that are Puerto
Rico businesses or covered territory businesses (sec. 875)
The House amendment contained two provisions (secs. 888
and 889) that would amend section 15(x) of the Small Business
Act (15 U.S.C 644(x)). Section 888 would allow agencies to
double the value of subcontracts to Puerto Rico businesses when
determining agency compliance with small business contracting
goals. Section 889 would allow agencies to double the value of
contracts awarded to small business concerns that have their
principal office located in the United States Virgin Islands,
American Samoa, Guam, or the Northern Mariana Islands, when
determining agency compliance with small business contracting
goals.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that combines the
two provisions.
Technical amendment regarding treatment of certain surviving spouses
under the definition of small business concern owned and
controlled by service-disabled veterans (sec. 876)
The conference agreement includes a provision that would
amend section 632 of title 15, United States Code, to clarify
the treatment of certain surviving spouses under the definition
of small business concerns owned and controlled by service-
disabled veterans.
Extension of loan assistance and deferral eligibility to reservists and
members of the National Guard beyond periods of military
conflict (sec. 877)
The conference agreement includes a provision that would
amend section 636 of title 15, United States Code, by extending
the loan assistance and deferral eligibility to military
reservists beyond periods of military conflict. The provision
would also require the President of the United States to 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 semi-annual report on the number of loans
made under the Military Reservist Economic Injury Disaster Loan
program and the dollar volume of those loans.
Modification to the Defense Research and Development Rapid Innovation
Program (sec. 878)
The House amendment contained a provision (sec. 878(e))
that would amend section 2359a(b)(3) of title 10, United States
Code, to increase the maximum per award threshold for projects
participating in the Defense Research and Development Rapid
Innovation Program from $3.0 million per award to $6.0 million
per award, and would direct the Secretary of Defense to report
on activities under the program, to include summarizing the
proposals received, and associated Small Business Innovation
Research (SBIR) program activities, and overall program
effectiveness.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would reemphasize
the preference under the program for awarding to small business
concerns overall, as well as the prioritization of such small
business concerns; and would limit the total amount of awards
under the program within a fiscal year to no more than 25
percent of the total available for that fiscal year.
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.
879)
The House amendment contained a provision (sec. 878(a))
that would direct the Secretary of Defense and the Secretaries
of the military departments to align the research topics
selected for activities conducted under the Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) Programs with the National Defense Science and
Technology Strategy, and would amend title 15, United States
Code, to refer to this strategy to guide the prioritization of
the Department's activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the amendment to title 15, United States Code.
Assistance for small business concerns participating in the SBIR and
STTR programs (sec. 880)
The House amendment contained a provision (sec. 882) that
would amend the Small Business Act (15 U.S.C. 638) to help
small business concerns participating in the Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) programs. The provision would, among other
things, require procurement center representatives and the
appropriate Director of Small and Disadvantaged Business
Utilization to assist participating small business concerns
with researching solicitations and providing technical
assistance to bid for federal contracts. The provision would
also direct agency senior procurement executives, where
appropriate, to assist small business concerns with
commercializing research developed under SBIR or SBTT before
awarding federal agency contracts.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
procurement center representatives to consult with appropriate
agency personnel to assist small business concerns in the SBIR
program and STTR program, particularly in Phase III, and to
provide technical assistance to submit a bid for an award of a
federal contract.
Cybersecurity technical assistance under the SBIR and STTR programs
(sec. 881)
The House amendment contained a provision (sec. 878(c))
that would permit the Secretary of Defense to enter into an
agreement with one or more vendors to provide cybersecurity
technical assistance to small business concerns engaged in
Small Business Innovation Research (SBIR) or Small Business
Technology Transfer (STTR) projects.
The Senate bill contained no similar provision.
The Senate recedes.
Funding for defense research activities of small business concerns
(sec. 882)
The House amendment contained a provision (sec. 878(g))
that would amend section 9(f) of the Small Business Act (15
U.S.C. 638(f)) to increase the required expenditure amounts for
the Department of Defense from 3.2 percent to 4.0 percent,
starting in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would instead
direct the Secretary of Defense to report on any assistance to
small business concerns in fiscal years 2017 through 2019 under
the Small Business Innovation Research and Small Business
Technology Transfer programs, and any other research,
development, test, and evaluation programs.
Modifications to budget display requirements for the Department of
Defense Small Business Innovation Research Program and Small
Business Technology Transfer Program (sec. 883)
The House amendment contained a provision (sec. 887) that
would amend section 857 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1891) to revise budget display requirements for the
Department of Defense Small Business Innovation Research (SBIR)
Program and Small Business Technology Transfer (STTR) Program.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees' aim is to allow visibility into the SBIR/
STTR effort to better support the program, and to support the
alignment of each military services' SBIR/STTR program under
the Service Secretary's strategic vision for their budget.
Pilot program for domestic investment under the SBIR program (sec. 884)
The House amendment contained a provision (sec. 878(b))
that would express a sense of Congress encouraging the
Administrator of the Small Business Administration to
promulgate regulations implementing existing authority under
title 15, United States Code, that permits small business
concerns that are majority-owned by multiple venture capital
operating companies, hedge funds, or private equity firms to
participate in the Small Business Innovation Research (SBIR)
program. The provision would further direct the Secretary of
Defense to establish a pilot program to exercise this authority
and make SBIR awards to such business concerns up to 10 percent
of the Department's annual SBIR allocation and would exempt the
Department from the requirement for written determinations in
advance of such awards. The provision would also direct the
Secretary of Defense to include information about the
activities under the pilot program in the annual report on the
SBIR program.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would eliminate
the sense of congress; limit the Department of Defense
exemption from the written determination to only those small
business concerns meeting certain requirements related to
foreign ownership; further expand the information provided in
the SBIR annual report; and add a requirement for the Secretary
of Defense to notify the Administrator of the Small Business
Administration 30 days following an award.
Subtitle H--Other Matters
Review of guidance to contractors on nondiscrimination on the basis of
sex (sec. 885)
The House amendment contained a provision (sec. 899C)
that would direct a revision to the Defense Federal Acquisition
Regulation Supplement to allow contracts only with entities
that have employee policies penalizing instances of sexual
harassment, and would direct the Secretary of Defense to
initiate a debarment proceeding for entities seeking contracts
with the Department of Defense who do not have such policies.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Under Secretary of Defense for Acquisition and Sustainment
to review the implementation of the requirement under Executive
Order 11246 relating to the expectations of contractors to
ensure nondiscrimination on the basis of sex, to include sexual
harassment, and to update any relevant training guidance based
on this review.
The conferees note that the appendix to Part 60-20 of
Title 41, Code of Federal Regulations outlines best practices
and procedures for contractors pertaining to the environment
contractors should foster with regard to sexual harassment,
which includes communicating that harassing conduct will not be
tolerated, providing anti-harassment training, and establishing
and implementing procedures for complaints about harassment and
intimidation based on sex. The conferees believe the Department
should strongly encourage contractors to incorporate such best
practices and procedures.
Comptroller General report on contractor violations of certain labor
laws (sec. 886)
The House amendment contained a provision (sec. 899F)
that would require the Comptroller General of the United States
to deliver a report to the Congress on the number of Department
of Defense contractors who have been found by the Department of
Labor to have committed violation of the Occupational Safety
and Health Act of 1970 (Public Law 91-596) or the Fair Labor
Standards Act of 1938 (Public Law 75-718).
The Senate bill contained no similar provision.
The Senate recedes.
Comptroller General report on contingency contracting (sec. 887)
The House amendment contained a provision (sec. 899G)
that would reauthorize the Commission on Wartime Contracting
established under Section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 230) and amend the Commission's duties to include
studying federal agency contracting funded by overseas
contingency operations funds.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
the Comptroller General of the United States to report on the
implementation of the recommendations made by the Commission
and the use of contractors to perform work supporting
contingency operations since January 1, 2009, and not include
the reauthorization of the Commission on Wartime Contracting.
Policies and procedures for contractors to report gross violations of
internationally recognized human rights (sec. 888)
The House amendment contained a provision (sec. 899K)
that would require that contractors performing Department of
Defense contracts in a foreign country report possible cases of
gross violations of internationally recognized human rights and
that the Secretary of Defense submit a report to congressional
committees describing the policies and procedures in place to
obtain information about such violations and the resources
needed to investigate.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Department to update its policies, guidance, and
regulations to include specific guidance for both Department of
Defense employees and contractors for monitoring and reporting
alleged violations, and clarify its applicability to
contractors performing outside the United States.
Comptroller General report on oversight of contractors providing
private security functions (sec. 889)
The House amendment contained a provision (sec. 899L)
that would direct the Inspector General of the Department of
Defense to report on certain contracts for private security
performed in contingency operations since 2001, to include data
on costs, locations, civilians killed or wounded while
performing the work, and disciplinary actions taken against the
contractors.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would re-direct
the study to the Comptroller General of the United States, and
realign the substance of the review to evaluate Department of
Defense's efforts to improve its oversight of contractors
providing private security functions since 2009, to include how
it has implemented certain new industry-wide law, policy,
regulation, standards, and guidance.
The conferees note the significant changes that have
occurred in the private security sector since certain reforms
were initiated following the final report and recommendations
of the Commission on Wartime Contracting in 2011.
Prohibition on contracting with persons that have business operations
with the Maduro regime (sec. 890)
The Senate bill contained a provision (sec. 864) that
would prohibit the Department of Defense from entering into a
contract with any person or entity 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.
The House amendment contained a similar provision (sec.
897).
The Senate recedes.
Report on the Combating Trafficking in Persons initiative (sec. 891)
The Senate bill contained a provision (sec. 865) that
would direct the Comptroller General of the United States to
report on the Department of Defense's efforts to combat
trafficking in persons through procurement practices.
The House amendment contained a similar provision (sec.
1080A) that would require the Department of Defense to submit a
report to the congressional defense committees containing an
analysis of the Department's progress in implementing the
Combating Trafficking in Persons Initiative.
The House recedes with an amendment that would direct the
Secretary of Defense to analyze the Department's progress in
implementing the Combating Trafficking in Persons initiative
described in DOD Instruction 2200.01.
Noting that the Department's report will provide further
information on the implementation of this program, the
conferees direct the Comptroller General of the United States
to submit a report to the congressional defense committees on
the Department of Defense's overall efforts to combat human
trafficking not later than January 31, 2021. The required
report shall evaluate (1) the processes and procedures to
combat human trafficking in the Department's contracting and
supply chain policy, regulation, and practices, to include the
implementation of title 27 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239) and
Executive Order 13627, as well as the nature and extent of
training for contracting officers on how to evaluate compliance
plans, monitor contractor adherence to the plans, and respond
to reports of noncompliance; (2) the progress of the current
trafficking in persons office within the Department of Defense
in leading the Department to address all forms of human
trafficking, the efficacy of such office in identifying,
tracking, and managing any and all trafficking in persons
cases, and what, if any, improvements should be made to the
office; (3) the process used by contracting officers to
evaluate compliance plans with regards to preventing human
trafficking and a description of the remedies imposed by
contracting officers in cases where an allegation of human
trafficking has been substantiated; and (4) the process for
reporting instances of human trafficking to the Inspector
General of the Department of Defense and the disposition of
those cases.
Improved management of information technology and cyberspace
investments (sec. 892)
The Senate bill contained a provision (sec. 851) that
would require the Department of Defense Chief Information
Officer (CIO) to work with the Chief Data Officer to optimize
the Department's process to account for, manage, and report its
information technology and cyberspace investments and would
require the CIO to brief the congressional defense committees
and to recommend any necessary legislative changes to the
committees not later than February 3, 2020.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the Department of Defense's
process to account for, manage, and report its information
technology and cyberspace investments--which account for at
least $50.0 billion annually--is inefficient. Further, the
conferees are concerned that this process results in
unnecessary delays in preparing the annual budget exhibit and
in regulatory reporting required by the Federal Information
Technology Acquisition Reform Act of 2015, incorporated into
the Howard P. ``Buck'' McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113-291). After years of
legislation and regulation, the definitions pertaining to and
the methods for grouping and accounting for spending on these
investments have become cumbersome and obscure, and they
hinder, rather than facilitating, insight into and oversight of
spending plans and portfolio management. The briefing provided
to the committees should include alternative methods for
presenting budget justification materials to the public and
congressional staff to more accurately communicate when, how,
and with what frequency capabilities are delivered to end-
users, in accordance with best practices for managing and
reporting on information technology investments.
Modification to requirements for purchase of commercial leasing
services pursuant to multiple award contracts (sec. 893)
The House amendment contained a provision (sec. 899B)
that would amend section 877 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 41 U.S.C. 3302 note) to extend the termination date for
the exemption for commercial leasing services provision from
2022 to 2025 and change the reporting date of the Comptroller
General of the United States audit to every five years.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would repeal
section 877 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 and would amend section
3302 of title 41, United States Code, to add the exemption for
commercial leasing services as a new subsection.
LEGISLATIVE PROVISIONS NOT ADOPTED
Modification to small purchase threshold exception to sourcing
requirements for certain articles
The Senate bill contained a provision (sec. 810) that
would lower the threshold at which the Department of Defense
must comply with the rules of section 2533a of title 10, United
States Code, known as the Berry Amendment, to $150,000.
The House amendment contained no similar provision.
The Senate recedes.
Rates for progress payments or performance-based payments
The House amendment contained a provision (sec. 823) that
would require the Secretary of Defense to provide congressional
defense committees with a notice of determination and to notify
the public through the Federal Register before initiating
changes to contract finance rates for progress payments or
performance-based payments.
The Senate bill contained no similar provision.
The House recedes.
Additional requirements for negotiations for noncommercial computer
software
The House amendment contained a provision (sec. 824) that
would amend section 2322a of title 10, United States Code, and
codify existing Defense Federal Acquisition Regulations on
noncommercial software rights as well as mandate, to the
maximum extent practicable, that specially negotiated licenses
be used for weapon systems noncommercial software.
The Senate bill contained no similar provision.
The House recedes.
Competition requirements for purchases from Federal Prison Industries
The House amendment contained a provision (sec. 827) that
would amend section 2410n of title 10, United States Code. This
provision would create a requirement for conducting market
research before purchasing a product listed in the Federal
Prison Industries (FPI) catalog.
The Senate bill contained no similar provision.
The House recedes.
Enhanced post-award debriefing rights
The House amendment contained a provision (sec. 828) that
would amend section 818 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), which required
post-award debriefings of the Department of Defense rating for
each evaluation criteria and overall award decision, by
reducing the award threshold for comprehensive debriefings from
$100.0 million to $50.0 million.
The Senate bill contained no similar provision.
The House recedes.
Preference for offerors employing veterans
The House amendment contained a provision (sec. 831) that
would amend chapter 137 of title 10, United States Code, by
allowing the head of an agency to establish a preference for
offerors that employ veterans on a full-time basis when
awarding a contract for the procurement of goods or services
for the Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Reporting on expenses incurred for independent research and development
costs
The House amendment contained a provision (sec. 832) that
would amend section 2372 of title 10, United States Code, to
require Department of Defense contractors to report expenses
incurred for independent research and development (IR&D) costs.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that IR&D is initiated and conducted
by Department of Defense contractors and the Department
reimburses a portion of industry's costs. The conferees
acknowledge that it is beneficial for the Department to
understand what technologies its contractors are investing in
beyond Department of Defense contracts. However, the conferees
note that there is an ongoing Comptroller General review of
recent changes to IR&D policies and the extent that recently
funded IR&D projects align with the Department's modernization
priorities as laid out in the National Defense Strategy. The
conferees encourage the Department to use the findings from the
Comptroller General's review as a basis for its IR&D strategy
going forward, including what information is required to be
reported by the contractor. Lastly, the conferees remind the
Department that it should share information about contractor
costs within the Department in a continuous and strategic
manner, including in coordination with the Department's Chief
Data Officer.
Assessment of precision-guided missiles for reliance on foreign-made
microelectronic components
The Senate bill contained a provision (sec. 832) that
would require the Air Force to assess its reliance on foreign
sources for all microelectronics in precision guided munitions
currently in production.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Under Secretary of Defense for
Acquisition and Sustainment, not later than August 31, 2020, to
brief the congressional defense committees on the reliance of
the United States Armed Forces on foreign sources for
microelectronics in precision guided munitions currently in
production. The briefing should identify whether the
microelectronics suppliers are single source or sole-source
providers as well as which tier subcontractors supply the
microelectronics. The briefing should also include an
evaluation of the cybersecurity risk to precision guided
munitions posed by foreign-made microelectronics.
Reporting on expenses incurred for bid and proposal costs
The House amendment contained a provision (sec. 833) that
would amend section 2372a(a) of title 10, United States Code,
to require that contractors report expenses incurred for bid
and proposal costs annually to the Defense Contract Audit
Agency, who shall give access to the information to the
Principal Director for Defense Pricing and Contracting.
The Senate bill contained no similar provision.
The House recedes.
Report on requirements relating to consumption-based solutions
The House amendment contained a provision (sec. 835) that
would require the Undersecretary of Defense for Acquisition and
Sustainment to submit a report on requirements relating to
consumption-based solutions to the congressional defense
committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the acquisition of supplies and
services is still evolving and believe there is a place for
consumption-based solutions. The conferees direct the Deputy
Secretary of Defense in conjunction with the Chief Management
Officer, the Undersecretary of Defense for Acquisition and
Sustainment, and the Director, Cost Assessment and Program
Evaluation, to report to the congressional defense committees
by March 15, 2020, on the feasibility of using consumption-
based solutions as a procurement option to include recommended
definitions, processes, contract types, and funding approaches.
Supply chain security of certain telecommunications and video
surveillance services or equipment
The House amendment contained a provision (sec. 851) that
would require the Secretary of Defense to consult with the
Federal Acquisition Security Council to comprehensively assess
policies and contractors' systems relating to
telecommunications and video surveillance services and
equipment from foreign suppliers; to mitigate risks through a
specific interagency debarment and suspension process; to
promulgate guidance; and to issue regulation containing certain
elements. The House amendment contained another provision (sec.
852) that would require the Secretary of Defense to procure
certain telecommunications services or installations of
telecommunications infrastructure on national security
installations located on territories of the United States in
the Pacific Ocean, only from American-owned or -operated
companies, with a national security waiver.
The Senate bill contained similar provisions, (sec. 831)
that would require the Secretary of Defense to modernize
mitigation of risks to the integrity of the supply chain, to
include those cited in recent studies on the defense industrial
base, and (sec. 833) that would require the Secretary of
Defense to amend policy and regulation to enhance the process
for assessing and mitigating risks related to foreign
ownership, control, or influence.
The House recedes with amendments to sec. 831 that would
direct the Secretary to recommend revisions to certain
statutory definitions, would more explicitly emphasize the role
of suspension and debarment in supply-chain security, and would
direct the Secretary to establish a process to re-assess
companies who have addressed certain risks.
The conferees acknowledge that establishing blanket
``prohibitions'' in legislation can be well-intended and
effective in some aspects, while also having unintended
consequences. The conferees intend for the Department to be
pro-active rather than reactive, in securing its supply chain.
The conferees note there are multiple efforts in place and
underway at the Department to address supply chain risks, and
that similar efforts are being undertaken government-wide. The
conferees encourage the Department to harmonize these
activities where appropriate in ways that do not inhibit the
Department from exercising its discretion in areas of national
security interest. In this regard, the Department should pay
specific attention to the procurement of telecommunications
goods and services for use on installations in the Pacific
Ocean.
Revised authorities to defeat adversary efforts to compromise United
States defense capabilities
The House amendment contained a provision (sec. 853) that
would strengthen defense supply chains by including security as
a primary purpose for Department of Defense acquisition.
The Senate bill contained no similar provision.
The House recedes.
The conferees note other sections of the conference
report that modernize the Department's supply chain risk
mitigation efforts by requiring the Secretary of Defense to
develop an analytical framework across the acquisition process,
assign risk mitigation roles and responsibilities to
organizations and individuals, and modernize access to data
necessary to assess risk across the acquisition enterprise.
Supply chain risk mitigation policies to be implemented through
requirements generation process
The House amendment contained a provision (sec. 855) that
would amend section 807 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to require the
Secretary of Defense to develop tools for supply chain risk
mitigation policies during the requirements generation process.
The Senate bill contained a similar provision (sec. 831)
which addressed this and several other matters pertaining to
the defense industrial base.
The House recedes.
The conferees note the House provision was based on the
work of the Advisory Panel on Streamlining and Codifying
Acquisition Regulations established by section 809 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92). The conferees commend the work of the Panel and
note that, since the Panel was established, it has made 98
recommendations across 3 report volumes and continues to
identify areas where United States Code can be reorganized for
clarity and efficiency. The Congress has enacted a number of
the recommendations from the first two volumes in prior
National Defense Authorization Acts and continues to carefully
consider the recommendations of the Panel.
Size standard calculations for certain small business concerns
The House amendment contained a provision (sec. 872) that
would clarify that section 3(a)(2)(C) of the Small Business Act
applies to the Small Business Administration (SBA). The section
would align the size standards based on data to the Small
Business Runway Extension Act of 2018 (Public Law 115-324) by
changing the calculation from 3 years to 5 years. This section
also would require the SBA to develop a transition plan for
small businesses and Federal agencies to help them successfully
navigate the transition from the previous 3-year calculation to
the new 5-year calculation as mandated and would require that
the System for Award Management be updated accordingly.
The Senate bill contained no similar provision.
The House recedes.
Small Business Administration cybersecurity reports
The House amendment contained a provision (sec. 875) that
would require the Small Business Administration to issue
reports that assess its cybersecurity infrastructure, including
determining the country of origin of its information technology
components, and report cyber threats, breaches, and cyber
attacks.
The Senate bill contained no similar provision.
The House recedes.
Cyber counseling certification program for lead small business
development centers
The House amendment contained a provision (sec. 876) that
would amend section 21(a) of the Small Business Act by adding
cyber strategy training for Small Business Development Centers
(SBDCs) and require the Small Business Administrator to
establish, or certify, an existing cyber counseling
certification program to certify employees at small business
development centers (that have directly received a grant from
the Administration) to provide assistance to small businesses
for planning cybersecurity practices and strategies to respond
to cyber attacks. The Small Business Administration would be
authorized to reimburse SBDCs for employee certification costs
up to $350,000 per fiscal year.
The Senate bill contained no similar provision.
The House recedes.
Exemption of certain contracts from the periodic inflation adjustments
to the acquisition-related dollar threshold
The House amendment contained a provision (sec. 877) that
would amend subparagraph (B) of section 1908(b)(2) of title 41,
United States Code, to exempt certain contracts from the
periodic inflation adjustments to the acquisition-related
dollar threshold.
The Senate bill contained no similar provision.
The House recedes.
Phase 0 Proof of Concept Partnership program for the Department of
Defense
The House amendment contained a provision (sec. 878(d))
that would amend section 9(jj) of the Small Business Act (15
U.S.C. 638) to change references to ``The Director of the
National Institutes of Health'' to ``A covered agency head''
which is defined as the Director of the National Institutes of
Health (NIH) for NIH Small Business Technology Transfer (STTR)
programs or the Secretary of Defense for Department of Defense
STTR programs.
The Senate bill contained no similar provision.
The House recedes.
Briefing on the Trusted Capital Marketplace pilot program
The House amendment contained a provision (sec. 885) that
would require the Secretary of Defense to provide a briefing to
congressional defense committees on the progress of the Trusted
Capital Marketplace pilot program.
The Senate bill contained no similar provision.
The House recedes.
The conferees understand that the Secretary of Defense is
intending to establish a Trusted Capital Marketplace pilot
program to link technology startup companies with trusted
sources of capital in areas relevant to defense missions. The
conferees direct the Secretary of Defense to provide a briefing
on the progress of the Trusted Capital Marketplace pilot
program to the congressional defense committees to include
plans for how the program will: align with critical defense
requirements; use the acquisition flexibilities authorized
under recent National Defense Authorization Acts; be
coordinated with other research and engineering technology
investment programs, including the Small Business Innovation
Research program; and be managed and resourced so as to evolve
into a stable, funded activity. The conferees direct the
Secretary to provide this briefing no later than 6 months after
the date of enactment of this Act.
Boots to Business program
The House amendment contained a provision (sec. 886) that
would codify and permanently authorize the Boots to Business
program.
The Senate bill contained no similar provision.
The House recedes.
Report and database on items manufactured in the United States for
major defense acquisition programs
The House amendment contained a provision (sec. 892) that
would amend chapter 144 of title 10, United States Code, by
inserting a new section requiring the Secretary of Defense to
submit a report to the congressional defense committees
assessing the domestic source content of procurements carried
out in connection with major defense acquisition programs. This
section would also require the Secretary of Defense to
establish an information repository for the collection of
domestic source content information.
The Senate bill contained no similar provision.
The House recedes.
Contractor science, technology, engineering, and math programs
The House amendment contained a provision (sec. 894) that
would deem the cost of participating in certain science,
technology, engineering, and math (STEM) programs an allowable
cost under a contract between the contractor and the Department
of Defense.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of developing a world
class cadre of technical talent who can perform critical STEM
job functions in both government and industry, including a
number which require security clearances. The conferees believe
that a strong partnership between the defense industry and the
Department of Defense can stimulate efforts to increase that
pool of STEM talent. Therefore, the conferees direct the
Secretary of Defense to enter into an arrangement with one or
more academic institutions to study and develop policy options
and recommendations to promote DOD-defense industry
collaboration in STEM education activities. The conferees note
that these partnerships should be primarily focused on
developing collaborative DOD-industry activities relevant to:
creating a clearable technical workforce to meet defense
missions, supporting educational opportunities for defense
sector personnel in both government and industry, and
increasing educational opportunities for veterans and military
dependents. Further, the study should focus on activities which
are based on metrics and education best practices to ensure
maximum effectiveness. The conferees direct that the study,
accompanied by an assessment and plan for the Secretary to
implement the recommended policy options, if appropriate,
should be delivered to the congressional defense committees no
later than October 1, 2020. The conferees direct that Secretary
to ensure that the study is developed in consultation with
industry, education experts, and all appropriate defense
organizations with expertise in STEM education.
Report on cost growth of major defense acquisitions programs
The House amendment contained a provision (sec. 898) that
would require the Comptroller General of the United States to
provide a report analyzing cost growth of major defense
acquisition programs to the defense committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the
United States to submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report analyzing the cost growth of major
defense acquisition programs (as defined in section 2430 of
title 10 United States Code) during the 15 fiscal years
preceding the date of the enactment of this Act.
Report and strategy on terminated foreign contracts
The House amendment contained a provision (sec. 899A)
that would require the Secretary of Defense to submit to
Congress a report on contracts performed in foreign countries
for which the contract was terminated for convenience because
of actions taken by the government of, or an entity located in,
the foreign country that impeded the ability of the contractor
to perform the contract.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on contracting with persons with willful or repeated
violations of the Fair Labor Standards Act of 1938
The House amendment contained a provision (sec. 899E)
that would require the head of a Federal department or agency
to initiate debarment proceedings for persons who willfully or
repeatedly violate the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
The Senate bill contained no similar provision.
The House recedes.
Federal contractor disclosure of unpaid Federal tax liability
The House amendment contained a provision (sec. 899H)
that would amend section 2313(c) of title 41, United States
Code, to include information on any unpaid federal tax
liability of covered persons in the federal awardee performance
and integrity database.
The Senate bill contained no similar provision.
The House recedes.
Pilot program on payment of costs for denied Government Accountability
Office bid protests
The House amendment contained a provision (sec. 899J)
that would amend the pilot program established in section 827
of the National Defense Authorization Act for Fiscal Year 2018
to require contractors to reimburse the Department of Defense
for direct costs incurred by the Department in support of
hearings to adjudicate bid protests. The provision would also
change the date on which the pilot program begins.
The Senate bill contained no similar provision.
The House recedes.
GAO report on contracting practices of the Corps of Engineers
The House amendment contained a provision (sec. 899M)
that would require the Comptroller General of the United States
to conduct a study on the contracting practices of the U.S.
Army Corps of Engineers (USACE).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the
United States to conduct a study on the contracting practices
of USACE, with a specific focus on how USACE complies with and
enforces the requirement to pay prevailing wages on federally
financed construction jobs, as required by subchapter IV of
chapter 31 of title 40, United States Code (commonly referred
to as the Davis-Bacon Act). The study should consider the
following:
(1) Any programs or protocols USACE has in place for the
purpose of carrying out its Davis-Bacon Act enforcement
obligations as set forth in the Federal Acquisition Regulation.
(2) Any programs or protocols USACE has in place for the
purpose of identifying and addressing independent contractor
misclassification on projects subject to the Davis-Bacon Act.
(3) The frequency with which USACE conducts site visits
on each covered project to monitor Davis-Bacon Act compliance.
(4) The frequency with which USACE monitors certified
payroll reports submitted by contractors and subcontractors on
each covered project.
(5) Whether USACE accepts and investigates complaints of
Davis-Bacon Act violations submitted by third parties, such as
contractors and workers' rights organizations.
(6) Whether USACE maintains a database listing all
contractors and subcontractors who have, in one way or another,
violated the Davis-Bacon Act and whether USACE consults this
database as part of its contract award process.
(7) The frequency, over the last five years, with which
USACE penalized, disqualified, terminated, or moved for
debarment of a contractor for Davis-Bacon violations.
(8) How USACE verifies that the contractors it hires for
its projects are properly licensed.
The conferees further direct the Comptroller General to
submit a report that summarizes the results of the study, with
recommendations for legislative or regulatory action that would
improve the efforts of enforcing the requirement to pay
prevailing wages on federally financed construction jobs, to
the following committees not later than 1 year after the date
of enactment of this Act to: the Committee on Education and
Labor; the Committee on Armed Services; and the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions; the Committee on Armed Services; and the
Committee on Commerce, Science, and Transportation of the
Senate.
Comptroller General report on defense business processes
The House amendment contained a provision (sec. 899N)
that would require the Comptroller General of the United States
to submit to the congressional defense committees a report on
the use of defense business processes.
The Senate bill contained no similar provision.
The House recedes.
Amendments to research project transaction authorities to eliminate
cost-sharing requirements and reduce burdens on use
The Senate bill contained a provision (sec. 5202) that
would amend section 2371(e) of title 10, United States Code, to
eliminate certain restrictions on the use of the authority and
associated funds.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that current law already permits the
Secretary to engage in research project transaction authorities
with cost sharing from industry that is less than fifty percent
of the total costs, as appropriate, to allow for delivering
performance with affordability and speed as outlined in the
National Defense Strategy. The conferees believe the Secretary
should use research project transaction authorities to drive
efficiency, adopt and implement new ideas, and leverage leading
practices from industry and academia to positively impact and
support acquisition, personnel, research, and operational
processes.
Report on contracts with entities affiliated with the Government of the
People's Republic of China or the Chinese Communist Party
The Senate bill contained a provision (sec. 5801) that
would require a report concerning Department of Defense
contracts with companies or business entities that are owned or
operated by, or affiliated with, the Government of the People's
Republic of China or the Chinese Communist Party.
The House amendment contained no similar provision.
The Senate recedes.
Not later than 180 days after the date of the enactment
of this Act, the conferees direct the Secretary of Defense to
submit to the congressional defense committees a report
describing all Department of Defense contracts with companies
or business entities that are owned or operated by, or
affiliated with, the Government of the People's Republic of
China or the Chinese Communist Party.
Investment in supply chain security under Defense Production Act of
1950
The Senate bill contained a provision (sec. 6018) that
would amend section 303 of the Defense Production Act of 1950
to provide authority through the Defense Production Act for the
federal government to rapidly adopt supply chain security
measures if a national security need arises.
The House amendment contained no similar provision.
The Senate recedes.
Title IX--Department of Defense Organization and Management
Subtitle A--Office of the Secretary of Defense and Related Matters
Headquarters activities of the Department of Defense matters (sec. 901)
The Senate bill contained a provision (sec. 901) that
would repeal certain certifications, require a report on
numbers of employees in the National Guard Headquarters,
provide modest increases in the statutory caps on other
headquarters personnel, and sunset the requirements of section
346 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
The House amendment contained no similar provision.
The House recedes with an amendment that would eliminate
the repeal of certain certifications and modify the increases
in the statutory caps on headquarters personnel with the intent
of enhancing the opportunity for civilian perspective and
advice to be considered in the balance on strategic decisions
regarding matters of the armed forces.
The conferees are concerned about civilian-military
relations and note a perceived unhealthy drift in decision-
making on strategic defense issues away from civilian leaders.
Therefore, the conferees urge the Secretary of Defense to
utilize the relief to existing limitations on civilian
personnel supporting the Office of the Secretary of Defense in
such a manner as to optimize enhancement of civilian control of
the military. For example, the conferees note that section 922
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328) assigned additional authority to the
Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict (ASD SO/LIC). As such, the conferees expect
the additional authority and relief of limitations on civilian
personnel will enhance civilian oversight of U.S. Special
Operations Command through its `service secretary-like' role.
The conferees direct the Secretary of Defense, not later
than January 1, 2020, to submit to the armed services
committees a report setting forth:
(1) the total number of members of the Armed Forces and
civilian employees of the Department of Defense assigned to
support the Office of the Chief of the National Guard Bureau
and the National Guard Joint Staff;
(2) a description of the headquarters staff of each
geographic combatant command, as well as each sub-unified
command and service component command under the geographic
combatant command, as of the following dates: October 1, 2014
and October 1, 2019. The description of the headquarters staffs
of the geographic combatant commands shall include the number
of military and civilian personnel who are authorized, and the
numbers assigned or detailed, to duty in, functions of, or
direct support to the headquarters element, including a
breakout of personnel by functional area as defined in
Department of Defense Instruction 5100.73.
The conferees direct the Secretary of Defense, not later
than January 1, 2021, to submit to the congressional defense
committees a report setting forth the following:
(a) A recommendation for the total number of members and
employees required for the Office of the Chief of the National
Guard Bureau and the National Guard Joint Staff to execute the
missions and functions of the National Guard Bureau and the
National Guard Joint Staff.
(b) A recommendation for the number of military and
civilian personnel who are required in the headquarters element
to execute the missions and functions of each geographic
combatant command.
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. 902)
The Senate bill contained a provision (sec. 5902) that
would allocate the responsibilities of the Under Secretary of
Defense for Acquisition, Technology, and Logistics, a position
that was eliminated in the National Defense Authorization Act
of Fiscal Year 2017, between the two successor entities.
The House amendment contained a similar provision (sec.
861(j)).
The Senate recedes with amendments that include directing
the Secretary of Defense to issue guidance and a framework for
independent technical risk assessments (ITRAs), clarifying
prototyping responsibilities for the Under Secretary of Defense
for Research and Engineering, updating the Executive Schedule
level for the Under Secretary of Defense for Research and
Engineering, and adding prototyping responsibilities for the
Under Secretary of Defense for Acquisition and Sustainment.
The conferees note the benefit of having specific
guidance detailing the conditions in which the Department would
approve ITRAs conducted by independent organizations within the
military departments. The conferees therefore direct the
Secretary of Defense to issue the required ITRA guidance and
framework no later than March 1, 2020, and to provide a
briefing to congressional defense committees at that time.
The conferees also direct the Secretary of Defense to
further refine and elaborate the definitions of prototyping to
ensure that the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for Acquisition
and Sustainment have clearly defined roles and
responsibilities, paying particular attention to the activities
executed under budget activity 4, and software activities,
which are likely to be difficult to determine.
Return to Chief Information Officer of the Department of Defense of
responsibility for business systems and related matters (sec.
903)
The Senate bill contained a provision (sec. 903) that
would return the responsibilities for business systems from the
Chief Management Officer back to the Chief Information Officer
and would realign the Chief Data Officer to report to the Chief
Information Officer instead of the Chief Management Officer.
The House amendment contained no similar provision.
The House recedes.
Assessments of responsibilities and authorities of the Chief Management
Officer of the Department of Defense (sec. 904)
The Senate bill contained a provision (sec. 5901) that
would direct the Secretary of Defense to determine the manner
in which the Chief Management Officer directs the business-
related activities of the military departments and determine
the responsibilities and authorities, if any, of the Chief
Management Officer for the Defense Agencies and Department of
Defense Field Activities. The provision would further direct
the Secretary of Defense, in light of these determinations, to
assign the responsibilities and authorities of the Chief
Management Officer and submit a plan to Congress for carrying
out these requirements.
The House amendment contained no similar provision.
The House recedes with amendments that would require a
Secretary of Defense and an independent assessment of the Chief
Management Officer position, and associated reports on those
assessments with recommendations regarding the roles and
responsibilities of the Chief Management Officer.
The conferees note the Department has faced significant
structural challenges in implementing the Chief Management
Officer position since its inception. Accordingly, it is the
conferees' intention to change the position from senior
executive schedule II to III and, pending the assessment
directed by this section, to disestablish the Chief Management
Officer position altogether. The conferees therefore direct the
Secretary to ensure the assessment provided for in this section
is sufficiently comprehensive to allow for the reassignment of
roles and responsibilities, as well as the authorities that
would be necessary for orderly transition of such activities
should the conferees decide to do so.
Senior Military Advisor for Cyber Policy and Deputy Principal Cyber
Advisor (sec. 905)
The Senate bill contained a provision (sec. 904) that
would require the designation of a general or flag officer of
the Armed Forces to serve within the Office of the Under
Secretary of Defense for Policy as the Senior Military Advisor
for Cyber Policy and, concurrently, as the Deputy Principal
Cyber Advisor.
The House amendment contained no similar provision.
The House recedes.
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. 906)
The Senate bill contained a provision (sec. 921) that
would amend section 932(f)(3) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) to stipulate that an individual appointed to a fellowship
under this section 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 of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Codification of Assistant Secretaries for Energy, Installations, and
Environment of the Army, Navy, and Air Force (sec. 911)
The Senate bill contained a provision (sec. 911) that
would amend sections 3016(a), 5016(a), and 8016(a) of title 10,
United States Code, to require that each military department
maintain an assistant secretary for energy, installations, and
environment.
The House amendment contained a similar provision (sec.
911).
The Senate recedes with a technical amendment.
Subtitle C--Other Department of Defense Organization and Management
Matters
Prohibition on ownership or trading of stocks in certain companies by
certain officials of the Department of Defense (sec. 921)
The Senate bill contained a provision (sec. 1034) that
would prohibit Department of Defense officials who participated
personally and substantially in an acquisition valued in excess
of $10.0 million who occupy a position on the Executive
Schedule, are a member of the Senior Executive Service, a
General or Flag Officer, or who served as a program manager,
deputy program manager, procuring contracting officer,
administrative contracting officer, source selection authority,
member of a source selection evaluation board, or chief of a
financial or technical evaluation team for a contract in excess
of $10.0 million, from owning or trading a publicly traded
stock of a company that, during the preceding calendar year,
received more than $1.0 billion in revenue from the Department
of Defense, including through contracts with the Department.
Further, the provision would direct that no officer or
employee of the Department of Defense may own or trade a
publicly traded stock of a company that is a contractor or
subcontractor of the Department, if the Standards of Conduct
Office of the Office of the General Counsel of the Department
of Defense determines that the value of the stock may be
directly or indirectly influenced by any official act of that
officer or employee.
Any official who knowingly fails to comply with these
requirements would be subject to administrative action by the
Secretary of Defense. The definition of publicly traded stock
would not include a widely-held investment fund, for purposes
of this provision.
The House amendment contained no similar provision.
The House recedes with an amendment that would prohibit
an individual serving in a key acquisition position in the
Department of Defense who is: (1) A civilian officer or
employee in a Senior Executive Service, Senior-Level, or
Scientific or Professional position; or (2) A member of the
Armed Forces in a grade above O-6, from owning or purchasing
publicly traded stock of a company that is one of the ten
entities awarded the most amount of contract funds by the
Department of Defense in a fiscal year during the five
preceding fiscal years. This same prohibition would apply to
any civilian appointed to a position in the Department of
Defense by the President, by and with the advice and consent of
the Senate.
The prohibition would not apply if the aggregate market
value of the stock holdings ascribed to the individual officer,
employee, member of the Armed Forces, or appointee does not
exceed the de minimis threshold established in the Code of
Federal Regulations, or if the stock is purchased and owned as
part of an Excepted Investment Fund or mutual fund.
Limitation on consolidation of Defense Media Activity (sec. 922)
The House amendment contained a provision (sec. 912) that
would prohibit funds authorized or appropriated for the
Department of Defense to be used to consolidate the Defense
Media Activity until 180 days after the Secretary of Defense
submits a report that includes any plans to consolidate the
Defense Media Activity.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the funding limitation, direct the Secretary of Defense not to
take any actions to consolidate the Defense Media Activity
until 60 days after submitting the required report, and change
the definition of consolidation.
Report on resources to implement the civilian casualty policy of the
Department of Defense (sec. 923)
The Senate bill contained a provision (sec. 922) that
would require, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the congressional defense committee a report on the resources
necessary to fulfill the requirements of section 936 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) over the future years defense
plan.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--United States Space Force
United States Space Force Act (secs. 951-961)
The Senate bill contained a series of provisions (sec.
1601-1608) that would establish the United States Space Force
(USSF) within the Department of the Air Force and make changes
to the organization of, authorities of, and acquisition
associated with space forces assigned to the Department of
Defense (DOD).
The House amendment contained a similar series of
provisions (sec. 921-925) that would establish a U.S. Space
Corps within the Department of the Air Force.
The Senate recedes with an amendment that would enact the
United States Space Force Act. The amendment would modify title
10, United States Code, to establish the United States Space
Force as an Armed Force within the Department of the Air Force.
The amendment would make multiple technical and conforming
changes necessary to fully establish the United States Space
Force in title 10, United States Code.
The Space Force would include military personnel of the
Air Force Space Command and other military personnel of the Air
Force as assigned to the Space Force by the Secretary of the
Air Force. The amendment would prohibit the authorization of
additional military billets. The conferees expect that the
Space Force would be supported by civilian personnel within the
Department of the Air Force and by Air Force Reserve elements,
as determined by the Secretary of the Air Force. The conferees
direct the Secretary of the Air Force to provide to the
congressional defense committees a total force management plan
in support of the Space Force. The report shall be delivered
not later than 90 days after the enactment of this Act.
The amendment would designate the commander of the Space
Force as the Chief of Space Operations (CSO), appointed by the
President and confirmed by the Senate. The CSO's rank would be
that of general with a 4-year term of command. The CSO could be
the incumbent Commander, Air Force Space Command, without
further appointment. The CSO would report directly to the
Secretary of the Air Force upon enactment of this Act. After 1
year, the CSO would be a member of the Joint Chiefs of Staff.
The amendment would provide the Secretary of Defense with the
temporary authority to establish a dual-hatted arrangement
wherein the CSO, for the first year after enactment, would also
serve as the Commander, U.S. Space Command (SPACECOM).
The conferees expect the Space Force and its supporting
elements to be the exclusive source of personnel of the
Department of the Air Force to be assigned, by the CSO, to the
National Reconnaissance Office (NRO), unless otherwise
specified by the Secretary of the Air Force.
The amendment would establish the position of the
Assistant Secretary of Defense (ASD) for Space Policy within
the Office of the Secretary of Defense. The amendment would
require the Secretary of Defense to seek to enter into an
agreement with a Federally Funded Research and Development
Center (FFRDC) to develop recommendations on the appropriate
elements of the Office of the ASD for Space Policy, including,
in particular, whether to include space capabilities and
programs currently assigned to the Office of the Under
Secretary of Defense for Intelligence or in the Military
Intelligence Program. The Secretary would submit to the
congressional defense committees such recommendations, together
with an assessment of those recommendations, not later than 180
after the date of the enactment of this Act.
The amendment would rename the Principal Assistant to the
Secretary of the Air Force for Space as the Assistant Secretary
for Space Acquisition and Integration (ASAF/SP), who would
report directly to the Secretary of the Air Force and serve as
the senior architect for space systems and programs across the
Department of Defense, providing advice to the service
acquisition executive (SAE) of the Air Force (the existing
Assistant Secretary of the Air Force for Acquisition). The
ASAF/SP would oversee and direct the Space Rapid Capabilities
Office, the Space and Missile Systems Center, and the Space
Development Agency, providing fiscal and strategic guidance to
the organizations. Effective October 1, 2022, the ASAF/SP would
also become the SAE for Space Systems and Programs, which would
include all space acquisition activities within the Air Force.
All space acquisition projects currently managed by the
Assistant Secretary of the Air Force for Acquisition would be
transitioned to the ASAF/SP in the role of SAE for Space
Systems and Programs, therefore providing for two SAEs
reporting to the Secretary of the Air Force. The ASAF/SP would
require confirmation by the Senate for this additional role.
The conferees note that the Deputy Secretary of Defense
did not submit to the congressional defense committees the plan
required by section 1601(b) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232). Therefore, the conferees direct the Secretary of the Air
Force to provide to the congressional defense committees a
report on whether and, if so, how to implement an alternative
acquisition system, due not later than March 31, 2020. The
report should include an assessment of the feasibility of a new
acquisition system specifically tailored for space systems and
programs, including with respect to procuring space vehicles,
ground segments relating to such vehicles, and satellite
terminals. The plan shall include recommendations with respect
to whether the alternative acquisition system described in the
plan should use the Joint Capabilities Integration and
Development System process or instead use a new requirements
process developed in a manner that ensures that requirements
for a program are synchronized across the space vehicles and
ground segments. It should also consider how such a system can
achieve faster acquisition and more rapid fielding of critical
systems, including by using new commercial capability. The
conferees also direct the Secretary to submit, not later than
120 days after the enactment of this Act, to the congressional
defense committees a report with recommendations on the
integration of acquisition authority for the NRO into
acquisition authority of the Air Force for space systems and
programs.
The amendment would also establish a Space Force
Acquisition Council (SAC) within the Office of the Secretary of
the Air Force that would oversee, direct, and manage Air Force
acquisitions for space in order to ensure integration across
the national security space enterprise. The SAC would meet not
less frequently than monthly. The amendment would establish the
ASAF/SP as the chair of Council. The Under Secretary of the Air
Force, the Director of the NRO, the CSO, the ASD for Space
Policy and the Commander, SPACECOM, would also be members of
the Council. The amendment would require the SAC to submit
quarterly reports to the congressional defense committees
through the first calendar year quarter of 2025 on the
activities of the Council.
The conferees direct the Secretary of the Air Force and
Secretary of Defense to submit the following reports and
briefings to the congressional defense committees on the
establishment of the United States Space Force:
(1) A report and accompanying briefing on a comprehensive
plan for the organizational structure of the Space Force, to be
submitted by the Secretary of the Air Force not later than
February 1, 2020. The report should include the following
elements:
(a) A detailed description of the structure and
organizational elements required for the Space Force to
perform its mission;
(b) A detailed description of the organization and
staff required to support the CSO;
(c) A detailed explanation of the manner in which
the Space Force is expected to affect the composition
and function of current space elements of the Armed
Forces;
(d) A description of the manner in which the Space
Force will be organized, trained, and equipped; and
(e) A description of the manner in which the Space
Force will coordinate with SPACECOM and other space
elements of the Armed Forces;
(2) A report and accompanying briefing on the anticipated
funding requirements for the establishment of the Space Force
and for its operations and activities from fiscal year 2021
through fiscal year 2025, to be submitted by the Secretary of
Defense not later than February 1, 2020. The report should
include the budget activity, line number, line item, line item
title, and a description of the requirements specific to the
Space Force for each account of the following:
(a) Procurement accounts;
(b) Research, development, test, and evaluation
accounts;
(c) Operation and maintenance accounts; and
(d) Military personnel accounts.
The report should also include, for each project under military
construction accounts, the country, location, project title,
and project amount by fiscal year, and, for any expenditures
and proposed appropriations not included, an explanation with a
level of detail at least equivalent to the level of detail
provided in the future year's defense program submitted to
Congress. The report may be submitted in unclassified form, but
may include a classified annex;
(3) A report setting forth a comprehensive legislative
proposal for amendments to the laws under the jurisdiction of
the congressional defense committees to fully integrate the
Space Force as an Armed Force, and the regular and reserve
military and the civilian personnel of the Space Force, into
current law, to be submitted by the Secretary of Defense not
later than 60 days after the date of the enactment of this Act;
(4) A plan to ensure the quality of the military and
civilian personnel of the Space Force, to include:
(a) Mechanisms to define career professional
milestones and manage the career progression of members
and civilian employees of the Space Force throughout
their careers;
(b) Identification and establishment of space-
related career fields;
(c) Pay and incentive structures;
(d) The management and oversight of the space
cadre;
(e) Training relating to planning and executing
warfighting missions and operations in space;
(f) Conducting periodic cadre-wide professional
assessments to determine how the cadre is developing as
a group;
(g) Establishing a centralized method to control
personnel assignments and distribution;
(h) The identification of future space-related
career fields that the Secretary determines
appropriate, including a space acquisition career
field; and
(i) Identification of overlap among the operations
and acquisition career fields to identify opportunities
for cross-functional careers.
The Secretary should submit to the congressional defense
committees a report on such plan not later than 180 days after
the date of the enactment of this Act.
The conferees also direct the Secretary of Defense, in
coordination with the Director of National Intelligence, to
submit to the congressional defense committees a report
containing the results of a review on processes designed to
achieve more effective integration of capabilities among the
NRO, National Security Agency, National Geospatial Intelligence
Agency (NGA), and SPACECOM for joint operations. This report
should be submitted not later than 180 days after the enactment
of this Act.
Finally, this amendment would limit the total amount of
funds to be obligated and expended in fiscal year 2020 for the
establishment of the Space Force to the amount requested for
the Space Force in the President's budget request for fiscal
year 2020. The amendment would require the Secretary of the Air
Force to implement the establishment of the United States Space
Force not later than 18 months after the date of the enactment
of this Act. The amendment would also require the Secretary and
the CSO to jointly provide to the congressional defense
committees briefings on the status of the current missions,
operations and activities, manpower requirements, budget and
funding requirements, and implementation not later than 60 days
after the date of the enactment of this Act and every 60 days
thereafter until March 31, 2023.
The conferees note that nothing in this provision is
intended to be construed as mandating any changes to the
mission or operations of the NRO or NGA.
LEGISLATIVE PROVISIONS NOT ADOPTED
Repeal of conditional designation of Explosive Ordnance Disposal Corps
as a basic branch of the Army
The Senate bill contained a provision (sec. 912) that
would repeal section 582 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), which established
the conditional designation of explosive ordnance disposal as a
basic branch of the Army.
The House amendment contained no similar provision.
The Senate recedes.
Modernization of certain forms and surveys
The House amendment contained a provision (sec. 913) that
would require the Secretary of Defense to conduct a study to
identify each form and survey that contains a term or
classification that the Secretary determines may be considered
racially or ethnically insensitive and provide a plan to
modernize those forms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
an interim briefing, no later than 180 days after the enactment
of this Act, to the Committees on Armed Services of the Senate
and House of Representatives, regarding efforts to date to
review and identify forms and surveys under the purview of the
Department of Defense or its components, that contain a term or
classification that may be considered racially or ethnically
insensitive. Additionally, no later than a year after the date
of the enactment of this Act, the conferees direct the
Secretary to provide the committees a report setting forth the
Department's comprehensive plan to modernize the forms
identified, and the progress to date in executing such plan.
Title X--General Provisions
Subtitle A--Financial Matters
General transfer authority (sec. 1001)
The Senate bill contained a provision (sec. 1001) that
would allow the Secretary of Defense, with certain limitations,
to make transfers between amounts authorized for fiscal year
2020 in division A of this Act. The section would limit the
total amount transferred under this authority to $4.0 billion.
This section would also require prompt notification to Congress
of each transfer made.
The House amendment contained a similar provision (sec.
1001) that would allow the Secretary of Defense to transfer up
to $1.0 billion of fiscal year 2020 funds authorized in
division A of this Act. It would also prohibit transfers to the
Drug Interdiction and Counter Drug Activities, Defense-wide
account and require the Secretary of Defense to certify the
transfer was made to higher priority items based on unforeseen
military requirements.
The House recedes.
Defense Business Audit Remediation Plan (sec. 1002)
The House amendment contained a provision (sec. 1002)
that would amend the annual reporting and semiannual briefing
requirements contained in section 240b of title 10, United
States Code, to include a current accounting of the defense
business systems of the Department of Defense that will be
introduced, replaced, updated, modified, or retired in
connection with the audit of the full financial statements of
the Department, including a comprehensive roadmap displaying
in-service, retirement, and other pertinent dates for affected
defense business systems as well as current cost-to-complete
estimates for each effort.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the reporting requirements.
Financial improvement and audit remediation plan (sec. 1003)
The House amendment contained a provision (sec. 1003)
that would amend section 240b of title 10, United States Code,
by updating the elements of annual reports, semiannual briefs,
and audit remediation services of financial improvements and
audit remediation plans.
The Senate bill contained no similar provision.
The Senate recedes.
Reporting requirements relating to Department of Defense audits (sec.
1004)
The House amendment contained a provision (sec. 1004)
that would require an annual report ranking each of the
military departments and Defense Agencies in order of how
advanced they are in achieving auditable financial statements
as required by law. This report would include, for the bottom
quartile of departments and agencies ranked in the report, an
additional report describing the material weaknesses of the
reporting entity, underlying causes of the material weaknesses,
and a plan for remediation. The provision would also require a
report presenting a plan for achieving an unmodified audit
opinion on the Department of Defense-wide consolidated audit
within 5 years.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the limitation on use of funds and would modify the reporting
requirement.
Inclusion of certain military construction projects in annual reports
on unfunded priorities of the Armed Forces and the combatant
commands (sec. 1005)
The Senate bill contained a provision (sec. 1003) that
would amend section 222a of title 10, United States Code, to
require the military services and combatant commands to submit
separate lists of unfunded priorities for military
construction. This provision would require the lists to be in
priority order.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Prohibition on delegation of responsibility for submittal to Congress
of Out-Year Unconstrained Total Munition Requirements and Out-
Year Inventory numbers (sec. 1006)
The Senate bill contained a provision (sec. 1004) that
would amend section 222a of U.S.C. 10 to prohibit the chief of
staff of each of the Services from delegating the reporting
requirement outside the service concerned.
The House amendment contained no similar provision.
The House recedes.
Annual budget justification display for service-common and other
support and enabling capabilities for special operations forces
(sec. 1007)
The House amendment contained a provision (sec. 1005)
that would amend chapter 9 of title 10, United States Code, to
require the Secretary of Defense to include in the budget
materials submitted to Congress under section 1105 of title 31,
United States Code, for fiscal year 2021 and any subsequent
fiscal year, a consolidated budget justification display
showing service-common and other support and enabling
capabilities for special operations forces requested by a
military service or Defense Agency.
The Senate bill contained no similar provision.
The Senate recedes.
Element in annual reports on the Financial Improvement and Audit
Remediation Plan on activities with respect to classified
programs (sec. 1008)
The Senate bill contained a provision (sec. 1005) that
would amend section 240b(b)(1) of title 10, United States Code,
to include audit results and activities for classified programs
in the Financial Improvement and Audit Remediation Plan. The
plan shall remain unclassified and include a classified annex,
if required.
The House amendment contained no similar provision.
The House recedes.
Plan of the Department of Defense for financial management information
(sec. 1009)
The Senate bill contained a provision (sec. 1006) that
would require the Under Secretary of Defense (Comptroller) to
track the costs of the audit corrective action plans.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
reporting requirements.
The conferees direct the Secretary of Defense not later
than 90 days after the date of the enactment of this Act, to
submit to the congressional defense committees a report
containing the following Department-Wide audit metrics:
(1) Total number of open audit notices of findings and
recommendations (NFRs) for the most recent fiscal year and the
preceding two fiscal years where applicable;
(2) Number of repeat or reissued NFRs from the most
recent fiscal year;
(3) Number of NFRs that were previously forecasted to be
closed in the most recently completed fiscal year that remain
open;
(4) Number of closed NFRs in the current fiscal year and
prior fiscal years;
(5) Number of material weaknesses that were validated by
external auditors as fully resolved or downgraded in the
current fiscal year over prior fiscal years;
(6) Breakdown by fiscal years in which open NFRs are
forecasted to be closed; and
(7) Explanations for unfavorable trends in these
categories.
Update of authorities and renaming of Department of Defense Acquisition
Workforce Development Fund (sec. 1010)
The Senate bill contained a provision (sec. 1007) that
would amend section 1705 of title 10, United States Code, to
rename the Defense Acquisition Workforce Development Fund to
the Defense Acquisition Workforce Development Account in
recognition that it is funded by appropriations.
The House amendment contained no similar provision.
The House recedes.
Transparency of accounting firms used to support Department of Defense
audit (sec. 1011)
The House amendment contained a provision (sec. 1008)
that would require audit firms to report fully adjudicated
disciplinary proceedings to the Department of Defense, ensure
the details of such disciplinary proceedings are kept
confidential, and would provide a definition of ``associated
person''.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the insertion of ``fully adjudicated'' and the definition of
associated persons.
The conferees direct the Secretary of Defense to provide
a briefing, in conjunction with the Financial Improvement and
Audit Remediation Plan, on the implementation of section 1006
of John S. McCain National Defense Authorization Act for Fiscal
Year 2019 no later than June 30, 2020.
Modification of required elements of annual reports on emergency and
extraordinary expenses of the Department of Defense (sec.)
The Senate bill contained a provision (sec. 1002) that
would amend section 127 of title 10, United States Code, to
modify the annual reporting requirement on emergency and
extraordinary expenses of the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Counterdrug Activities
Modification of authority to support a unified counterdrug and
counterterrorism campaign in Colombia (sec. 1021)
The Senate bill contained a provision (sec. 1011) that
would amend section 1021 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375), as most recently amended by section 1011 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), to modify authorized assistance to the Government of
Colombia to address the emergence of new threats.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
organizations with respect to which assistance may be provided
under this authority.
Extension of authority for joint task forces to provide support to law
enforcement agencies conducting counter-terrorism activities
(sec. 1022)
The Senate bill contained a provision (sec. 1012) that
would extend for two years section 1022 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136).
The House amendment contained a similar provision (sec.
1031) that would extend for two years section 1022 of the
National Defense Authorization Act for Fiscal Year 2004 (Public
Law 108-136).
The Senate recedes.
Sense of Congress regarding Department of Defense counterdrug
activities in the transit zone and Caribbean basin (sec. 1023)
The House amendment contained a provision (sec. 1014)
that would express the Sense of Congress that counterdrug
activities in the transit zone and Caribbean basin are critical
to national security.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Assessment of impact of proposed border wall on volume of illegal
narcotics (sec. 1024)
The House amendment contained a provision (sec. 1015)
that would require the Secretary of Defense, in consultation
with the Secretary of Homeland Security, to conduct an
assessment of the impact that any planned or proposed border
wall construction would have on the volume of illegal narcotics
entering the United States.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle C--Naval Vessels
Modification of authority to purchase vessels using funds in National
Defense Sealift Fund (sec. 1031)
The Senate bill contained a provision (sec. 1016) that
would amend section 2218(f)(3) of title 10, United States Code,
in subparagraph (E) by striking ``10 new sealift vessels'' and
inserting ``10 new sealift vessels, auxiliary vessels, or a
combination of such vessels''.
The House amendment contained no similar provision.
The House recedes.
Use of National Defense Sealift Fund for procurement of two used
vessels (sec. 1032)
The House amendment contained a provision (sec. 1022)
that would require the Secretary of the Navy to seek to enter
into a contract for two used vessels for mobilization purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Transportation by sea of supplies for the Armed Forces and Defense
Agencies (sec. 1033)
The House amendment contained a provision (sec. 1021)
that would modify section 2631 of title 10, United States Code,
to expand application of cargo transported by the Department of
Defense to include Defense Agencies. Additionally, this
provision would require additional latitude in the
transportation of fuel products to better expand opportunities
for U.S. flagged resources.
The Senate bill contained no similar provision.
The Senate recedes.
Senior Technical Authority for each naval vessel class (sec. 1034)
The Senate bill contained a provision (sec. 1017) that
would require the designation of a Senior Technical Authority
(STA) for each class of naval vessels.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
prohibition on delegation of the authority to designate STAs
and adjust STA tenure requirements.
The conferees' intent is that STAs are primarily or
entirely employees of the Naval Sea Systems Command engineering
directorate (code 05) with the STA designation and associated
duties as primary or collateral responsibilities.
Permanent authority for sustaining operational readiness of littoral
combat ships on extended deployment (sec. 1035)
The Senate bill contained a provision (sec. 1018) that
would amend section 8680 of title 10, United States Code, to
provide the Secretary of the Navy with additional flexibility
to maintain Littoral Combat Ships (LCSs) by allowing government
or contractor personnel to conduct maintenance on deployed LCS
vessels regardless of ship location.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
allowable maintenance activities.
The conferees note the two classes of LCS have
significantly different maintenance requirements and
sustainment models as compared to other classes of Navy surface
ships.
Accordingly, the conferees direct the Secretary of the
Navy to submit to the congressional defense committees, no
later than March 1, 2020, comprehensive LCS class maintenance
plans for each LCS class. Each such plan shall contain the
following elements for such class: (1) An assessment of the
implications of extended LCS deployments on material readiness
and operational availability; (2) A comprehensive sustainment
strategy necessary to support the total number of LCSs,
including maintenance requirements, sustainment concepts, and
estimated life cycle costs; (3) A description of the permanent
and temporary facilities required to support LCSs operating on
extended deployments at overseas locations; (4) A description
of all contracting strategies for LCS ship repair and
maintenance, including short- and long-term; (5) A summary of
projected LCS maintenance costs, by fiscal year, for fiscal
years 2020 through 2025 and the extent to which actual costs
have deviated from prior estimates; and (6) Other related
matters the Secretary deems appropriate.
Formal training for shipboard system programs of record (sec. 1036)
The House amendment contained a provision (sec. 1023)
that would require the Secretary of the Navy to ensure there is
a formal schoolhouse for all shipboard systems that are current
programs of record in the fleet.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
formal training for such systems, but not require the training
occur at a schoolhouse.
Report on shipbuilder training and the defense industrial base (sec.
1037)
The House amendment contained a provision (sec. 1024)
that would require the Secretary of the Defense to submit a
report on how the Navy plans to manage the need to grow the
shipbuilding workforce as it builds to a 355-ship Navy.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit the report in coordination
with the Secretary of Labor.
Use of competitive procedures for CVN-80 and CVN-81 dual aircraft
carrier contract (sec. 1038)
The House amendment contained a provision (sec. 1025)
that would require to the extent practicable and unless
otherwise required by law, the Secretary of the Navy to ensure
that competitive procedures are used with respect to any task
order or delivery order issued under a dual aircraft carrier
contract relating to the CVN-80 and CVN-81.
The Senate bill contained no similar provision.
The Senate recedes.
Report on expanding naval vessel maintenance (sec. 1039)
The House amendment contained a provision (sec. 1026)
that would require the Secretary of the Navy to submit to the
congressional defense committees a report on allowing
maintenance to be performed on naval vessels at shipyards other
than shipyards in the vessels' homeports.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the report to include a description of the ability of non-
homeport firms to maintain surge capacity when homeport
shipyards lack the capacity or capability to meet homeport
requirements and make other technical changes.
Subtitle D--Counterterrorism
Modification of support of special operations to combat terrorism (sec.
1041)
The House amendment contained a provision (sec. 1037)
that would amend section 127e of title 10, United States Code,
to modify the notification required pursuant to this authority.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
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. 1042)
The Senate bill contained a provision (sec. 1023) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to transfer
or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to Libya, Somalia, Syria, and Yemen.
The House amendment contained a similar provision (sec.
1032) that would prohibit the use of funding authorized to be
appropriated or otherwise made available for the Department of
Defense during the period beginning on the date of the
enactment of this Act and ending on December 31, 2020, to
transfer, release, or assist in the transfer or release of any
individual detained at United States Naval Station, Guantanamo
Bay, Cuba, to Libya, Somalia, Syria, Yemen, Cuba, Iran, Russia,
North Korea, Mexico, Guatemala, Honduras, El Salvador, or
Venezuela.
The House recedes.
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. 1043)
The Senate bill contained a provision (sec. 1021) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to transfer
or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to the United States.
The House amendment contained no similar provision.
The House recedes.
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.
1044)
The Senate bill contained a provision (sec. 1022) that
would extend until December 31, 2020, the prohibition on the
use of funds provided to the Department of Defense to construct
or modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
The House amendment contained no similar provision.
The House recedes.
Extension of prohibition on use of funds to close or relinquish control
of United States Naval Station, Guantanamo Bay, Cuba (sec.
1045)
The Senate bill contained a provision (sec. 1024) that
would extend through fiscal year 2020, the prohibition on the
use of funds provided to close or abandon United States Naval
Station, Guantanamo Bay, Cuba; to relinquish control of
Guantanamo Bay to the Republic of Cuba; or to implement a
material modification to the Treaty between the United States
of America and Cuba signed at Washington, D.C., on May 29,
1934, which modification would constructively close United
States Naval Station, Guantanamo Bay.
The House amendment contained no similar provision.
The House recedes.
Chief Medical Officer at United States Naval Station, Guantanamo Bay,
Cuba (sec. 1046)
The Senate bill contained a provision (sec. 1026) that
would require the establishment of a Chief Medical Officer
(CMO) at the United States Naval Station, Guantanamo Bay, Cuba,
to conduct oversight of medical care provided to individuals
detained at Guantanamo Bay, and to ensure that such medical
care meets the defined standard of care. The CMO would report
directly to the Assistant Secretary of Defense for Health
Affairs and hold a grade not below that of colonel, or captain
in the Navy. The CMO would make medical determinations,
including: (1) Decisions regarding assessment, diagnosis, and
treatment of detainees; and (2) Medical accommodations to
detainee living conditions and operating procedures for
detention facilities. In the event the commander of Joint Task
Force-Guantanamo declined to follow a determination of the CMO,
the provision would require the Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict and the
Assistant Secretary of Defense for Health Affairs to resolve
the matter jointly, within 7 days of receipt of the
notification of such declination. Additionally, the provision
would authorize the CMO to secure access to any individual,
information, or assistance that the CMO considered necessary to
carry out the duties of the position.
The Senate bill also contained a provision (sec. 1025)
that would authorize the temporary transfer of individuals
detained at United States Naval Station, Guantanamo Bay, Cuba,
to the United States for emergency or critical medical
treatment not available at Guantanamo.
The House amendment contained a similar provision (sec.
1034) that would express the sense of Congress that the
increasing age of detainees at the United States Naval Station,
Guantanamo Bay, Cuba, poses challenges for the provision of
medical care, and that the United States has an ongoing
obligation to provide medical care that meets appropriate
standards of care to the detainees at Guantanamo. This
provision would also express the sense of Congress that the
Secretary of Defense should take into account the standards of
care provided at other relevant facilities, including those
administered by the Federal Bureau of Prisons, when determining
the policies regarding medical care for detainees at
Guantanamo.
The House recedes to Senate section 1026, with technical
and clarifying amendments.
The Senate recedes to Senate section 1025.
The House recedes to House section 1034.
Independent assessment on gender and countering violent extremism (sec.
1047)
The House amendment contained a provision (sec. 1035)
that would require the Secretary of Defense to enter into
contract with a nonprofit entity or federally funded research
and development center independent of the Department of Defense
to conduct research and analysis on the intersection of gender
and violent extremism and terrorism and provide a report to the
congressional defense committees on the result of such
assessment.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Subtitle E--Miscellaneous Authorities and Limitations
Scheduling of Department of Defense executive aircraft controlled by
Secretaries of military departments (sec. 1051)
The House amendment contained a provision (sec. 1041)
that would require the Secretary of Defense to ensure there is
coordination in scheduling executive airlift across the entire
Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Explosive ordnance defense disposal program (sec. 1052)
The House amendment contained a provision (sec. 1042)
that would amend section 2284 of title 10, United States Code,
to make technical changes regarding the responsibilities of the
executive agent for the explosive ordnance disposal training
and technology program. The provision would also eliminate the
requirement to designate a combat support agency to manage a
Defense-wide program element for certain explosive ordnance
disposal activities.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
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. 1053)
The House amendment contained a provision (sec. 1012)
that would provide a technical correction to and extend until
December 31, 2022, a report required by section 1014 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328).
The Senate bill no similar provision.
The Senate recedes.
Notification on the provision of defense sensitive support (sec. 1054)
The House amendment contained a provision (sec. 1043)
that would modify section 1055 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) to
provide additional Defense Sensitive Support reporting
requirements.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Revision to authorities relating to mail service for members of the
Armed Forces and Department of Defense civilians overseas (sec.
1055)
The Senate bill contained a provision (sec. 1081) that
would amend section 3401 of title 39, United States Code, to
clarify that Active-Duty servicemembers and Department of
Defense civilian employees providing support to military
operations are authorized to mail personal correspondence at no
cost when deployed for a contingency operation in an area
designated by the President. The provision also would extend
the free mail program to all hospitalized servicemembers
wounded in a designated area. Finally, the provision would
allow certain mail between military post offices or from a
military post office to a point of entry into the United States
to be transported by surface shipment.
The House amendment contained no similar provision.
The House recedes.
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. 1056)
The Senate bill contained a provision (sec. 1082) that
would modify section 406 of title 39, United States Code, to
permit the Secretary of Defense to authorize the use of
military post offices in locations outside the United States by
citizens of the United States who are employed by the North
Atlantic Treaty Organization and who perform functions in
support of the Armed Forces.
The House amendment contained no similar provision.
The House recedes.
Expenditure of funds for Department of Defense intelligence and
counterintelligence activities (sec. 1057)
The House amendment contained a provision (sec. 1047)
that would authorize the expenditure of no more than 5 percent
of Military Intelligence Program funds for Department of
Defense recurring or anticipated intelligence and
counterintelligence activities for each of the fiscal years
2020 through 2025. Further, this section would require the
Secretary of Defense to provide a report of the expenditures
covered by this authorization for each of the fiscal years 2020
through 2025. This section would provide additional
authorization in response to section 1041 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91), which required the Secretary of Defense to clarify use of
emergency and extraordinary expenses for intelligence and
counterintelligence activities that were determined not to be
of an emergent or extraordinary nature.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Limitation on use of funds for the inactivation of Army watercraft
units (sec. 1058)
The House amendment contained a provision (sec. 1045)
that would prohibit any funds authorized or appropriated by
this Act to be used for the inactivation of any Army watercraft
unit until the Secretary of Defense submits to Congress a
certification on the Army Watercraft Requirements Review and a
federally funded research and development center has reviewed
and validated the Army's ability to meet watercraft
requirements of the combatant commanders.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Independent public accountant audit of financial systems of the
Department of Defense
The House amendment contained a provision (sec. 1007)
that would direct the Secretary of Defense to ensure financial
systems of the Department of Defense are reviewed by an
independent public accountant to validate the financial system
will meet applicable Federal requirements.
The Senate bill contained no similar provision.
The House recedes.
The conferees are encouraged by the Department of
Defense's completion of the first audit in 2018. In order to
improve the Department of Defense's ability to continue audit
compliance, the Secretary of Defense shall ensure that each
major implementation of, or modification to, a financial system
of the Department of Defense meets all applicable Federal
statutes, regulations, and policies with regards to
auditability.
Modification of authority to provide support to other agencies for
counterdrug activities and activities to counter transnational
organized crime
The House amendment contained a provision (sec. 1011)
that would modify the types of support authorized by section
284 of title 10, United States Code as well as include
additional congressional notification requirements.
The Senate bill contained no similar provision.
The House recedes.
Repeal of Secretary of Defense review of curricula and program
structures of National Guard counterdrug schools
The House amendment contained a provision (sec. 1013)
that would repeal the Secretary of Defense's review of National
Guard counterdrug school curricula and program structures.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of the National Guard
counterdrug schools in the development, training, and
maintenance of skills for Federal, State, local, and foreign
government officials to combat illicit trafficking. The
conferees direct the Secretary of Defense to provide a briefing
to the House and Senate Armed Services Committees no later than
90 days after enactment of this Act on the Department of
Defense review of the curricula and program structures of the
National Guard counterdrug schools. The briefing shall include
the following:
(1) An overview of the National Guard counterdrug
schools.
(2) An overview of the Department's guidance related to
the National Guard counterdrug program.
(3) An explanation of the Department's guidance
specifically related to the curricula and program structures of
the National Guard counterdrug schools.
(4) A description of the Department's goals, objectives,
and effect-based measures of performance related to the
National Guard counterdrug schools.
(5) An initial evaluation of the establishment of the
National Guard Bureau counterdrug schools executive steering
committees, the committees' progress toward implementing
guidance, and the structure to incorporate feedback regarding
such guidance from the States.
(6) An initial evaluation of curricula requirements
identified by State counterdrug coordinators.
(7) An initial evaluation of the National Guard
counterdrug schools activity plans received from States.
(8) A cost analysis of the metrics used to explain how
any savings and efficiencies will be achieved by any changes
made, including an analysis of the elimination of contracted
positions.
(9) Any other matters the Secretary considers
appropriate.
Clarification of authority of military commissions under chapter 47A of
title 10, United States Code, to punish contempt
The Senate bill contained a provision (sec. 1031) that
would amend subchapter IV of chapter 47A of title 10, United
States Code, to permit a judge of the United States Court of
Military Commission Review or a military judge detailed to a
military commission to punish contempt. The provision also
would provide that the punishment for contempt may not exceed
confinement for 30 days, a fine of $1,000, or both and would
establish the conditions under which punishment for contempt is
reviewable.
The House amendment contained no similar provision.
The Senate recedes.
Prohibition on use of funds for transfer to and detention of additional
individuals, including United States citizens, at United States
Naval Station, Guantanamo Bay, Cuba
The House amendment contained a provision (sec. 1033)
that would prohibit the use of funding authorized to be
appropriated or otherwise made available for the Department of
Defense during the period beginning on the date of the
enactment of this Act and ending on December 31, 2020, to
detain any additional individuals including United States
citizens, under the law of war or pursuant to military
commission proceedings, at the detention facility at the United
States Naval Station, Guantanamo Bay, Cuba. The provision also
would require a plan identifying a disposition other than
continued law of war detention at United States Naval Station,
Guantanamo Bay, Cuba, for each individual currently detained at
Guantanamo.
The Senate bill contained no similar provision.
The House recedes.
Enhancement of authorities on forfeiture of Federal benefits by the
National Guard
The Senate bill contained a provision (sec. 1037) that
would amend section 108 of title 32, United States Code, to
provide that the availability of Federal funds provided to the
National Guard of individual States is contingent upon
compliance with Federal law and policy applicable to the
National Guard. The provision would also authorize the
President to withdraw Federal recognition of National Guard
units and members for failure to comply with Federal law and
policy and would authorize the President to bar units and
individuals from receiving Federal funds if the unit or
individuals fail to comply with Federal law and policy.
The House amendment contained no similar provision.
The Senate recedes.
Public availability of military commission proceedings
The House amendment contained a provision (sec. 1038)
that would amend title 10, United States Code, to provide that,
as to any proceeding of a military commission that is made open
to the public, the military commission judge may order that the
proceedings be made available to be watched remotely by the
public through the internet.
The Senate bill contained no similar provision.
The House recedes.
Limitation on placement by the Under Secretary of Defense for Personnel
and Readiness of work with federally funded research and
development centers
The Senate bill contained a provision (sec. 1039) that
would amend would prohibit the Under Secretary of Defense for
Personnel and Readiness from placing any work with a federally
funded research and development center (FFRDC) until a report
containing a list of all studies, reports, and other analyses
being undertaken for the Under Secretary is submitted to the
Committees on Armed Services of the Senate and the House of
Representatives.
The House amendment contained no similar provision.
The Senate recedes.
Modification and technical correction of authority for deployment of
members of the Armed Forces to the southern land border of the
United States
The House amendment contained a provision (sec. 1044)
that would modify the authority under section 1059 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) by requiring a certification and notification
requirement prior to the provision of assistance to the United
States Custom and Border Protection at the U.S. southern land
border. Additionally, this section would amend and add
reporting requirements, require that the support be on a
reimbursable basis, and terminate the authority on September
30, 2023.
The Senate bill contained no similar provision.
The House recedes.
Use of funds for defense of the Armed Forces and United States citizens
against attack by foreign hostile forces
The Senate bill contained a provision (sec. 1045) that
would allow funds authorized to be appropriated by this Act to
be used to ensure the ability of the Armed Forces to defend
themselves, and the United States, against attack.
The House amendment contained no similar provisions.
The Senate recedes.
Prohibition on use of funds for construction of a wall, fence, or other
physical barrier along the southern border of the United States
The House amendment contained a provision (sec. 1046)
that would prohibit the obligation, expense, or use of funds,
that have been authorized to be appropriated for national
defense in fiscal years 2015 through 2020, to design or carry
out a project to construct, replace, or modify a wall, fence or
other physical barrier along the international border between
the United States and Mexico.
The Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds to house children separated from parents
The Senate bill contained a provision (sec. 1044) that
would prohibit the use of funds authorized to be appropriated
by this Act to house a child separated from a parent, unless
the Department of Homeland Security demonstrated in a hearing
that the parent or legal guardian was unfit or presented a
danger to the child.
The House amendment contained a similar provision (sec.
1048) that would prohibit amounts made available to the
Department of Defense for fiscal year 2020 from being used to
house children separated from their parent or legal guardian by
Customs and Border Protection near a port of entry or within
100 miles of the border of the United States, unless a state
court, an official with the state or county child welfare
agency, or a Custom and Border Protection chief patrol agent or
the area port director determines that the separation is in the
best interest of the child because the child is in danger of
abuse or neglect.
The conference agreement does not include either
provision.
Limitation on use of funds for providing housing for unaccompanied
alien children
The House amendment contained a provision (sec. 1049)
that would require the Department of Defense to submit a
congressional certification that any housing provided to
unaccompanied alien children meets the standards of the
Department of Health and Human Services, including those
provided in the Flores settlement agreement.
The Senate bill contained no similar provision.
The House recedes.
Transfer of certain items included in categories I, II, and III of the
United States Munitions List to the Commerce Control List
The House amendment contained a provision (sec. 1050)
that would prohibit the President from removing from the United
States Munitions List any item that was included in category I,
II, or III of the United States Munitions List, as in effect on
August 31, 2017.
Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds for reimbursement of expenses at certain
properties
The House amendment contained a provision (sec. 1050A)
that would prohibit the obligation or expenditure of funds made
available for the Department of Defense at a list of properties
or to an entity with an ownership interest in such properties.
The Senate bill contained no similar provision.
The House recedes.
Limitation on use of funds for exhibition of parade of military forces
and hardware for review by the President
The House amendment contained a provision (sec. 1050B)
that would prohibit the use of funds authorized by this Act or
otherwise appropriated for Fiscal Year 2020 for the Department
of Defense from being obligated or expended for any exhibition
or parade of military forces and hardware, with the exception
of ceremonial honors and customary ceremonial duties, for
review by the President outside authorized military operations.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on use of DOD equipment, personnel, and facilities for ICE
detention
The House amendment contained a provision (sec. 1050C)
that would prohibit the use of facilities, equipment, or
personnel of the Department of Defense to house or to construct
housing for foreign nationals in the custody of U.S.
Immigration and Customs Enforcement.
The Senate bill contained no similar provision.
The House recedes.
Report on joint force plan for implementation of strategies of the
Department of Defense for the Arctic
The Senate bill contained a provision (sec. 1054) that
would require the Secretary of Defense, in coordination with
Secretaries of the military departments, to submit a joint
force plan for implementing the Department of Defense's
December 2016 Report to Congress on the Strategy to Protect
United States National Security Interests in the Arctic Region
and the updated Arctic strategy to improve and enhance joint
operations, which was mandated in the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232).
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the increasing involvement of near-
peer competitors in the Arctic region and direct the Secretary
of Defense, in coordination with Secretaries of the military
departments, to submit a plan for implementing the June 2019
Department of Defense Arctic Strategy.
Report on use of Northern Tier bases in implementation of Arctic
strategy of the United States
The Senate bill contained a provision (sec. 1055) that
would direct the Secretary of Defense to submit a report to the
congressional defense committees on the use of bases in the
northern latitudes, including Northern Tier bases, for
implementing the recommendations in the December 2016 ``Report
to Congress on Strategy to Protect United States National
Security Interests in the Arctic Region'' and the updated
Arctic strategy required to be submitted to the congressional
defense committees under section 1071 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees on the use of
bases in the northern latitudes, including Northern Tier bases,
for implementing the recommendations in the June 2019
Department of Defense Arctic Strategy no later than 180 days
after the enactment of this Act.
Comptroller General of the United States report on post-government
employment of former Department of Defense officials
The Senate bill contained a provision (sec. 1060) that
would require the Comptroller General of the United States to
update a prior report on the post-government employment of
former Department of Defense officials.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Comptroller General of the
United States to initiate a review, not later than 90 days
after the date of the enactment of this Act, updating the
information and findings set forth in the Government
Accountability Office report entitled ``Defense Contracting:
Post-Government Employment of Former DOD Officials Needs
Greater Transparency'' (GAO-08-485), and to provide an interim
briefing on the status of the review to the Committees on Armed
Services of the Senate and the House of Representatives not
later than December 31, 2020, with a report to follow by a date
agreed upon with the committees.
Elimination of requirement to submit reports to Congress in paper
format
The House amendment contained a provision (sec. 1062)
that would enable the Department of Defense to provide reports
required by the Congress in an electronic format rather than a
paper format.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to deliver
to the Committee on Armed Services of the House of
Representatives reports required by Congress in electronic
format only. This practice will begin on a date mutually agreed
upon by the Secretary and the committee. This change does not
apply to the Committee on Armed Services of the Senate. By
eliminating the requirement of the delivery of congressional
reports in paper format, the conferees believe the Department
of Defense will be able to streamline the reporting process
both within the Department and in delivery of its reports to
the Congress. This process would only apply to unclassified
reports.
Additionally, the conferees note that the Department is
required by section 122a of title 10, United States Code, to
ensure that reports are made available to the public, to the
maximum extent practicable, by posting the reports on a
publicly accessible website. The Committee on Armed Services of
the Senate continues to explore means of reducing the
administrative burden to the Department associated with
generating and delivering hard copy paper reports to the U.S.
Senate, however success in this endeavor is contingent on the
Department's compliance with section 122a of title 10, United
States Code.
Sense of Congress regarding modular airborne fire fighting system
The House amendment contained a provision (sec. 1075)
that would require the Secretary of Defense to submit a report
to the congressional defense committees regarding plans of the
Secretary to fund long-term sustainment and operation and
maintenance of MAFFS capabilities, including plans for the
National Guard Bureau to submit program objective memoranda for
funding for lifetime costs to the Department of Defense to be
included in future Department of Defense Budget Requests,
including the feasibility of establishing a dedicated program-
of-record.
The Senate bill contained no similar provision.
The House recedes.
Report on policies relating to small farms
The House amendment contained a provision (sec. 1077)
that would require the Defense Logistics Agency (DLA) and the
Defense Commissary Agency (DeCA) to submit to the congressional
defense committees a report on policies relating to small
farms.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the DLA and DeCA to submit a report
on the programs, policies, and practices of the DLA and DeCA
relating to small farms, farms owned by new and beginning
farmers, and farmers who are veterans or minorities not later
than 90 days after the date of the enactment of this Act to the
congressional defense committees. The report should include a
description of opportunities and barriers to expanding the use
of such programs, policies, or practices.
Report on financial costs of overseas United States military posture
and operations
The House amendment contained a provision (sec. 1079)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on the financial costs
of U.S. military posture and operations overseas.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Department of Defense
currently provides an annual budget exhibit that describes the
country-by-country costs of maintaining overseas posture, which
estimated worldwide posture costs of just over $24.0 billion in
fiscal year 2019. However, the exhibit excludes considerable
costs such as those borne in overseas contingency accounts and
does not account for host nation contributions, either cash or
in-kind, or contributions from the North Atlantic Treaty
Organization (NATO).
Therefore, the conferees direct the Secretary of Defense
to submit a comprehensive report with the budget submission, or
not later than February 15, 2020, to the congressional defense
committees on the actual costs of maintaining the overseas
posture and presence of the U.S. Armed Forces in fiscal year
2019. The report should address the financial costs incurred by
the United States, as well as financial and in-kind
contributions made by host-countries and multilateral
organizations like NATO, related to overseas enduring and
contingency infrastructure and the presence of permanent and
rotational U.S. Armed Forces.
Additionally, the conferees direct the Comptroller
General of the United States to review the Department's report
to determine whether it accurately captures the full costs of
overseas posture and host nation contributions and to submit a
report to the congressional defense committees not later than
180 days after the Department's report is submitted to the
committees.
Public availability of Chief Management Office annual budget reports
The House amendment contained a provision (sec. 1080B)
that would amend section 132a(c)(1)(B) of title 10, United
States Code, to require that the Chief Management Officer's
reports on Defense Agency and Department of Defense Field
Activity proposed budgets for enterprise business operations be
made publicly available on an internet website in a searchable
format.
The Senate bill contained no similar provision.
The House recedes.
Plan to increase and expand cold weather training
The House amendment contained a provision (sec. 1080D)
that would require the Secretary of the Army to conduct an
assessment of cold weather training requirements in light of
increased operations and vulnerability to great power
competition in the Arctic; and develop a plan to increase and
expand cold weather training opportunities.
The Senate bill contained no similar provision.
The House recedes.
The conferees directed the Secretary of Defense to submit
a report to the congressional defense committees not later than
180 days after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2019. The conferees note that
the Department has not provided this report to the committees
and direct the Secretary to expedite completion and submission
of the report by not later than January 31, 2020.
Comptroller General review of Department of Defense support for the
Department of Homeland Security operations on the southwest
border of the United States
The House amendment contained a provision (sec. 1080E)
that would require the Comptroller General of the United States
to conduct a review and provide a report and a briefing on
ongoing and future Department of Defense support for Department
of Homeland Security border security operations.
The Senate bill contained no similar provision.
The House recedes.
Disposal of IPv4 addresses
The House amendment contained a provision (sec. 1088)
that would require the Department of Defense to sell several
blocks of internet protocol version 4 addresses over a period
of ten years.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on denial of Department of Veterans Affairs home loans for
veterans who legally work in the marijuana industry
The House amendment contained a provision (sec. 1093)
that would prohibit the Secretary of Veterans Affairs from
using as a factor in determining whether to guarantee, issue,
or make a housing loan the fact that an individual's income is
derived from working in the marijuana industry.
The Senate bill contained no similar provision.
The House recedes.
Inclusion on the Vietnam Veterans Memorial Wall of the names of the
lost crew members of the U.S.S. Frank E. Evans killed on June
3, 1969
The House amendment contained a provision (sec. 1094)
that would require the Secretary of Defense, in consultation
with the Secretary of the Interior, the American Battlefield
Monuments Commission, and other applicable authorities, to
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia, of the names of the 74 crew
members of the U.S.S. Frank E. Evans, killed on June 3, 1969.
The House amendment also contained a similar provision
(sec. 1099O).
The Senate bill contained no similar provision.
The House recedes.
The conferees honor the service of the 74 crew members of
the U.S.S. Frank E. Evans, who made the ultimate sacrifice on
June 3, 1969, and express their respect and regard for the
family members of the crew, and their unflagging dedication to
sustaining the memory of their Fallen loved ones.
The conferees note that there is an established process
for adding the names of servicemembers to the Vietnam Veterans
Memorial Wall. The conferees believe this process should be
followed to preserve the integrity of the Wall.
Report on executive helicopter flights in the National Capital Region
The House amendment contained a provision (sec. 1097)
that would require the Secretary of Defense to submit a
publicly available report on the number of helicopter trips
used for executive transport by service branch in the national
capital region for a period of 90 days after enactment of this
Act.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees, not later than
90 days after enactment of this Act, which shall be made
publicly available, and shall detail the number of helicopter
missions used for executive transport in the National Capital
Region. The report shall also include a consolidated listing of
all such flights executed from the date of enactment through 90
calendar days thereafter and a list of the number of
helicopters utilized by each service branch.
Review of foreign currency exchange rates and analysis of Foreign
Currency Fluctuations Appropriation
The House amendment contained a provision (sec. 1099A)
that would require the Under Secretary of Defense (Comptroller)
to review exchange rates to determine whether cost savings
opportunities exist in disbursements pursuant to contracts in
foreign currencies.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the difficulty in predicting
exchange rate fluctuations and urge the Department to continue
investigating methodologies to decrease the magnitude of
fluctuations in the Foreign Currency Fluctuations, Defense
account.
Contracts by the President or Vice President
The House amendment contained a provision (sec. 1099B)
that would amend the federal criminal code (18 U.S.C. 431) to
prohibit the President, Vice President, and members of the
President's Cabinet, or anyone acting on their behalf or for
their benefit, from holding or entering into a contract or
agreement with the United States or any agency of the United
States. Violations would be subject to a fine. Any contract in
violation of the provision would be void automatically, and any
monies advanced by the United States or its agency pursuant to
such a contract or agreement would be subject to immediate
repayment to the government. Absent immediate repayment, the
law would provide that suit should be brought immediately for
the recovery of the advanced monies.
The Senate bill contained no similar provision.
The House recedes.
Interoperability of communications between military installations and
adjacent jurisdictions
The House amendment contained a provision (sec. 1099E)
that would require the Department of Defense Fire and Emergency
Services Working Group to submit a report on military
installations that provide emergency services to areas outside
their installations and the interoperability of military
installations and adjacent civilian agencies.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Department of Defense Fire and
Emergency Services Working Group, not later than 12 months
after the date of the enactment of this Act, to submit a report
to the congressional defense committees on military
installations that provide emergency services to areas outside
their installations and the interoperability of military
installations and adjacent civilian agencies.
Chinese language and culture studies within the Defense Language and
National Security Education Office
The House amendment contained a provision (sec. 1099G)
that would increase the funds authorized for the Defense Human
Resources Activity by $13,404,000 for use by the Defense
Language and National Security Education Office to provide
support for studies related to Chinese language and culture.
The Senate bill contained no similar provision.
The House recedes.
Modification of prohibition on availability of funds for Chinese
language programs at certain institutions of higher education
The House amendment contained a provision (sec. 1099H)
that would modify section 1091(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) to require the Secretary of Defense to develop a
transition plan for each institution of higher education
subject to the limitation under paragraph (1) of such section.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that they appreciate the Department of
Defense's effort to ensure that institutions of higher
education, which no longer host a Confucius Institute, may
regain eligibility to receive funds from the Department for
Chinese language instruction.
Lessons learned and best practices on progress of gender integration
implementation in the Armed Forces
The House amendment contained a provision (sec. 1099I)
that would require the Secretary of Defense to direct each
component of the Armed Forces to share lessons learned and best
practices on the progress of their gender integration
implementation plans.
The Senate bill contained no similar provision.
The House recedes.
Strategies for recruitment and retention of women in the Armed Forces
The House amendment contained a provision (sec. 1099J)
that would direct the Secretary of each military department to
examine successful strategies used by foreign military services
to recruit and retain women and consider implementing those
best practices in the United States Armed Forces.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that many of the United States'
closest allies have long been successful in recruiting and
retaining women into their militaries. The Secretary of Defense
is encouraged to examine the techniques used by these countries
and, where possible, implement them in the United States
military.
Honoring last surviving Medal of Honor recipient of Second World War
The House amendment contained a provision (sec. 1099L)
that would allow the last surviving Medal of Honor recipient of
World War II to lie in honor in the rotunda of the U.S. Capitol
upon death if elected by the individual or next of kin.
The Senate bill contained no similar provision.
The House recedes.
Credit monitoring
The House amendment contained a provision (sec. 1099M)
that would amend the Fair Credit Reporting Act (Public Law 91-
508).
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding Army Contracting Command--New Jersey
The House amendment contained a provision (sec. 1099P)
that would express the sense of Congress about the vital role
played by Army Contracting Command--New Jersey.
The Senate bill contained no similar provision.
The House recedes.
Review and report on experimentation with ticks and insects
The House bill contained a provision (sec. 1099Q) that
required the Department of Defense to review whether the
Department experimented with ticks and other insects regarding
use as a biological weapon between the years of 1950 and 1975.
The Senate amendment contained no similar provision.
The House recedes.
The conferees note the Department's prioritization of
addressing tick-borne illnesses as a threat to military forces
and their dependents. The conferees support the Department's
research efforts to prevent the occurrence, diagnoses, and
treatment of tick-borne illnesses, including through the Tick-
Borne Disease Research Program established in Fiscal Year 2016.
The conferees note the importance of continued compliance with
the Biological Weapons Convention which bans the development,
production, and stockpiling of biological weapons of mass
destruction.
Pilot program to provide broadband access to military families and
medical facilities on remote and isolated bases
The House amendment contained a provision (sec. 1099R)
that would direct the Secretary of Defense, in coordination
with the Federal Communication Commission, to conduct a pilot
program under which the Secretary would enter into agreements
with broadband internet providers to extend residential
broadband internet access to families on military installations
located in unserved rural areas in the United States.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding military working dogs and soldier handlers
The House amendment contained a provision (sec. 1099S)
that would provide the sense of Congress on the importance of
tactical explosive detection dogs and their soldier handlers in
combat.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize the service of military working
dogs and soldier handlers from the tactical explosive detection
program and honor the sacrifices made by them in combat. The
conferees also acknowledge that not all tactical explosive
detection dogs were adopted by their former soldier handlers
and encourage the Army and other government agencies, including
law enforcement agencies, with such dogs to prioritize adoption
to their former handlers. Lastly, the conferees recognize the
efforts of Congressman Walter B. Jones to promote military
working dogs as unsung heroes on the battlefield and in helping
wounded warriors recover from physical and mental injuries.
Funding limitation for the Erie Canalway National Heritage Corridor
The House amendment contained a provision (sec. 1099U)
that would amend section 810(a)(1) of the Erie Canalway
National Heritage Corridor Act (Public Law 106-554; 114 Stat.
2763A-303) by striking ``$12,000,000'' and inserting
``$14,000,000''.
The Senate bill contained no similar provision.
The House recedes.
Inspection of facilities used to house, detain, screen, and review
migrants and refugees
The House amendment contained a provision (sec. 1099V)
that would require the Secretary of Defense, in coordination
with the Comptroller General of the United States and the
Secretary of Health and Human Services, to establish a process
to conduct surprise inspections at Government-owned or
Department of Defense-owned installations where migrants are
housed, detained, screened, or reviewed.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress regarding the 2001 Authorization for Use of Military
Force
The House amendment contained a provision (sec. 1099W)
that would express the sense of Congress that the 2001
Authorization for Use of Military Force (Public Law 107-40; 50
U.S.C. 1541 note) enacted by Congress to authorize the use of
force against those responsible for the terrorist attacks of
September 11, 2001, has been cited 41 times as the legal basis
for the use of force in 19 countries, well beyond the scope
that Congress initially intended. Further, the provision would
convey the sense of Congress that any new authorization for the
use of force should include: (1) A sunset clause and timeframe
within which Congress should revisit the authority provided;
(2) A clear and specific expression of mission objectives,
targets, and geographic scope; and (3) Reporting requirements
to increase transparency and ensure proper Congressional
oversight.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on export of air to ground munitions, related components
and parts of such munitions, and related services to Saudi
Arabia and the United Arab Emirates
The House amendment contained a provision (sec. 1099X)
that would prohibit, for the one-year period beginning on the
date of the enactment of this Act, the President from issuing
any license, and require the President to suspend any license
or other approval for the export to the Government of Saudi
Arabia or the Government of the United Arab Emirates any air to
ground munitions, components, or related services.
The Senate bill contained no similar provision.
The House recedes.
Reporting regarding cancelled appropriations
The Senate bill contained a provision (sec. 6002) that
would require the Comptroller General of the United States to
provide a report to the congressional defense committees on
cancelled appropriations across the federal government.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note the importance of understanding why
appropriations are cancelled and therefore direct the
Comptroller General of the United States to conduct a review of
cancelled federal appropriations and to provide a briefing to
the congressional defense committees and the Budget Committees
of the Senate and the House of Representatives no later than
March 1, 2020, with a report to follow by a date agreed at the
time of the briefing.
The review shall include (1) an assessment of the amount
of appropriations across federal agencies cancelled under
section 1552 of title 31, United States Code, during each of
the fiscal years 2009 through 2018; (2) identifying information
about each cancelled appropriation, including its type and
period of availability; (3) the percentage of each fiscal
year's total appropriations canceled broken down by agency; (4)
an assessment of the extent to which cancelled appropriations
differed significantly across agencies or over time, the extent
to which cancelled appropriations are correlated with
obligation rates, and the extent to which cancelled
appropriations are correlated with the length of continuing
resolutions in the original year of the appropriation.
Inclusion of progress of the Department of Defense in achieving
auditable financial statements in annual reports on the
Financial Improvement and Audit Remediation Plan
The Senate bill contained a provision (sec. 6003) that
would amend section 240b(b)(1)(B) of title 10, United States
Code, by requiring that a ranking of each military department
and Defense Agency be included in the annual report in order of
its current progress in achieving auditable financial
statements. The provision further requires that additional
information be provided for each military department or Defense
Agency ranked in the bottom quartile.
The House amendment contained no similar provision.
The Senate recedes.
Silver Star Service Banner Day
The Senate bill contained a provision (sec. 6005) that
would amend Chapter 1 of title 36, United States Code, to
designate May 1 as Silver Star Service Banner Day.
The House amendment contained no similar provision.
The Senate recedes.
Comptroller General of the United States report on the effects of
continuing resolutions on readiness and planning of the
Department of Defense
The Senate bill contained a provision (sec. 6011) that
would require the Comptroller General of the United States to
provide a report to the congressional defense committees on the
effects of continuing resolutions on the readiness and
financial efficiency of the Department of Defense.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the Department of Defense has
spent more than 1,000 days under continuing resolutions over
the past 10 years. Despite strong anecdotal evidence of
negative readiness effects and significant financial waste
created by continuing resolutions, a comprehensive tally of
their costs, direct and indirect, has not yet been performed.
Therefore, the conferees direct the Comptroller General of the
United States to deliver a briefing to the congressional
defense committees and the Budget Committees of the Senate and
the House of Representatives no later than March 1, 2020, with
a report to follow by a date agreed at the time of the
briefing.
The report shall examine (1) the extent to which
continuing resolutions impact Department of Defense purchasing
power; (2) the extent to which preparing for and operating
under continuing resolutions negatively affect the efficient
usage of personnel time, including that of Senior Executive
Service personnel and general and flag officers; (3) the extent
to which continuing resolutions negatively affect the
Department's ability to hire; (4) the extent to which the
Department has requested and received anomalies for continuing
resolutions since 2010; (5) the extent to which continuing
resolutions have delayed acquisition programs; (5) the extent
to which the Department has experienced funding misalignments
between appropriations accounts due to continuing resolutions.
Sense of Congress on the naming of a naval vessel in honor of Senior
Chief Petty Officer Shannon Kent
The Senate bill contained a provision (sec. 6016) that
would express the sense of the Congress on the naming of a
naval vessel in honor of Senior Chief Petty Officer Shannon
Kent.
The House amendment contained no similar provision.
The Senate recedes.
Title XI--Civilian Personnel Matters
Subtitle A--General Provisions
Defense Advanced Research Projects Agency personnel management
authority (sec. 1101)
The Senate bill contained a provision (sec. 1102) that
would increase the number of personnel eligible to be hired
under the personnel management authority to attract experts in
science and engineering under section 1599h of title 10, United
States Code, in the Defense Advanced Research Projects Agency
(DARPA) by 30, bringing the total for DARPA from 100 to 130,
and decreasing the number of such positions available to the
laboratories of the military departments by 30, from 40 to 10.
The House amendment contained a similar provision (sec.
1101) that would increase the number of these positions
available to DARPA by 40, bringing its total to 140, with no
decrease in the number of positions available to the
laboratories.
The Senate recedes.
Report on the probationary period for Department of Defense employees
(sec. 1102)
The House amendment contained a provision (sec. 1102)
that would amend section 1599e of title 10, United States Code,
to change the probationary period for Department of Defense
civilian employees from 2 years to 1 year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct an independent review of
the probationary periods applicable to Department of Defense
employees. The amendment would also require the Secretary of
Defense to submit a report detailing the results of the review
to the Committees on Armed Services of the Senate and House of
Representatives, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate.
Civilian personnel management (sec. 1103)
The House amendment contained a provision (sec. 1103)
that would amend section 129 of title 10, United States Code,
to clarify that civilian personnel of the Department of Defense
may not be managed on the basis of man-years, end strength, or
full-time equivalent positions, or maximum number of employees,
and instead will be managed based on the total force management
policies and procedures established under section 129a of title
10, United States Code, the workload required to carry out the
functions and activities of the Department, and the funds made
available to the Department for each fiscal year.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would prohibit
the Secretary of Defense from managing Department of Defense
civilian personnel primarily on the basis of man-years or end
strength.
One-year extension of temporary authority to grant allowances,
benefits, and gratuities to civilian personnel on official duty
in a combat zone (sec. 1104)
The Senate bill contained a provision (sec. 1103) that
would extend by 1 year the discretionary authority of the head
of a Federal agency to provide allowances, benefits, and
gratuities comparable to those provided to members of the
Foreign Service to the agency's civilian employees on official
duty in a combat zone.
The House bill contained an identical provision (sec.
1104).
The conference agreement contains this provision.
One-year extension of authority to waive annual limitation on premium
pay and aggregate limitation on pay for Federal civilian
employees working overseas (sec. 1105)
The Senate bill contained a provision (sec. 1104) that
would amend section 1101 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417), as
most recently amended by section 1104 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), to extend through 2020 the authority of heads of
executive agencies to waive limitations on the aggregate of
basic and premium pay of employees who perform work in an
overseas location that is in the area of responsibility of the
commander of U.S. Central Command (CENTCOM), or a location that
was formerly in CENTCOM but is now in the area of
responsibility of the Commander, U.S. Africa Command, in
support of a military operation or an operation in response to
a declared emergency.
The House amendment contained a similar provision (sec.
1105).
The House recedes.
Performance of civilian functions by military personnel (sec. 1106)
The House amendment contained a provision (sec. 1106)
that would amend section 129a of title 10, United States Code,
to ensure that before the Secretary of a military department
directs military personnel to perform the functions of civilian
personnel, the military department concerned is in compliance
with section 129 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Extension of direct hire authority for domestic industrial base
facilities and Major Range and Test Facilities Base (sec. 1107)
The House amendment contained a provision (sec. 1107)
that would amend section 1125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) to
extend the authority of the Secretary of Defense to use direct
hire procedures for civilian personnel at domestic defense
industrial base facilities and the Major Range and Test
Facilities Base until 2025.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees note Section 1111 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
repealed the authority of the Secretaries of the military
departments to waive the restriction on the appointment of
retired members of the Armed Forces to positions in the civil
service in the Department of Defense within 180 days of a
servicemember's retirement based on a state of national
emergency.
The conferees remain supportive of this change and note
the relevant statute provides a straightforward process to the
Secretaries of the military departments in the event that they
wish to hire retired servicemembers within the 180-day post-
retirement timeframe. The conferees urge the Department of
Defense to make full use of the existing, and longstanding,
process for hiring recently retired servicemembers, consistent
with applicable law, policy, and merit principles.
Authority to provide additional allowances and benefits for certain
Defense Clandestine Service employees (sec. 1108)
The House amendment contained a provision (sec. 1108)
that would authorize the provision of additional allowances and
benefits for certain Defense Intelligence Agency, Defense
Clandestine Service employees located in the United States,
limited to 125 covered employees per year for locations with
living costs determined by the Secretary of Defense to be equal
to or higher than the District of Columbia.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of direct hire authorities for the Department of Defense
(sec. 1109)
The House amendment contained a provision (sec. 1111)
that would amend section 9905 of title 5, United States Code,
by consolidating direct hiring authorities for the following
positions:
(1) scientific, technical, engineering, mathematics
positions within the defense acquisition workforce;
(2) scientific, technical, engineering, mathematics
positions working outside a scientific and technology
reinvention laboratory;
(3) medical or health professional positions;
(4) childcare services positions;
(5) financial management, accounting, auditing,
actuarial, cost estimation, operational research, or business
or business administration positions; and
(6) Department of Defense business transformation and
management innovation positions.
The consolidation of these direct hiring authorities
would sunset on September 30, 2025. In addition, this provision
would require the Secretary of Defense, in coordination with
the Director of the Office of Personnel Management, to contract
with a federally funded research and development center and
submit a report to Congress by February 1, 2021, on improving
competitive hiring at the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the requirement for the Department of Defense to contract with
a Federally Funded Research and Development Center to complete
the required report.
Designating certain FEHBP and FEGLI services provided by Federal
employees as excepted services under the Anti-Deficiency Act
(sec. 1110)
The House amendment contained a provision (sec. 1113)
that would amend sections 8905 and 8702 of title 5, United
States Code, to designate certain Federal Employees Health
Benefits Program (FEHBP) and Federal Employees Group Life
Insurance (FEGLI) Program services provided by Federal
employees as excepted services under the Anti-Deficiency Act.
The Senate bill contained no similar provision.
The Senate recedes.
Continuing supplemental dental and vision benefits and long-term care
insurance coverage during a Government shutdown (sec. 1111)
The House amendment contained a provision (sec. 1114)
that would amend sections 8956, 8986, and 9003 of title 5,
United States Code, to authorize continuing coverage of
supplemental dental and vision benefits and long-term care
insurance during a government shutdown.
The Senate bill contained no similar provision.
The Senate recedes.
Limitation on transfer of Office of Personnel Management (sec. 1112)
The House amendment contained a provision (sec. 1116)
that would prohibit the President or his designee from
transferring, transitioning, merging, or consolidating any
functions, responsibilities, information technology systems,
staff, resources, or records of the Office of Personnel
Management (OPM) with the General Services Administration, the
Office of Management and Budget, or the Executive Office of the
President.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would direct
OPM to contract with the National Academy of Public
Administration (NAPA) for the conduct of a comprehensive study
and report on the full panoply of OPM missions and functions;
the challenges associated with the Office's execution of same;
and options and recommended courses of action for addressing
those challenges. Not later than 180 days subsequent to its
receipt of the NAPA report, OPM would be required to submit to
the appropriate Committees of Congress its views on the report,
any recommendations for change in the structure, functions,
responsibilities, and authorities of OPM, a business case
analysis setting forth the operational efficiencies and cost
savings associated with any such change, and a proposal for
legislative or administrative actions required to effect the
change proposed. The amendment would preclude the assignment,
transfer, transition, merger, or consolidation of any function,
responsibility, authority, service, system, or program assigned
in law to OPM, to or with the General Services Administration,
the Office of Management and Budget, or the Executive Office of
the President, until on or after the date that is 180 days
after the date on which OPM submits its views on the NAPA
report to Congress, and subject to the enactment of any
legislation required.
Assessment of Accelerated Promotion Program suspension (sec. 1113)
The House amendment contained a provision (sec. 1118)
that would require the Secretary of the Navy to enter into an
agreement with a federally funded research and development
center to conduct an assessment of the impacts resulting from
the Navy's suspension in 2016 of the Accelerated Promotion
Program.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Reimbursement for Federal, State, and local income taxes incurred
during travel, transportation, and relocation (sec. 1114)
The Senate bill contained a provision (sec. 1105) that
would amend section 5724b of title 5, United States Code, to
authorize Federal agencies to reimburse individuals associated
with the Federal civil service for all taxes incurred as a
result of travel, transportation, or relocation expenses
reimbursed, or furnished in-kind, by the agency concerned.
The House amendment contained a similar provision (sec.
1119).
The House recedes with an amendment that would authorize
the Federal agencies to reimburse individuals for taxes
incurred on or after January 1, 2018.
Clarification of limitation on expedited hiring authority for post-
secondary students (sec. 1115)
The House amendment contained a provision (sec. 1120)
that would amend section 3116(d) of title 5, United States
Code, to limit the total number of students eligible to be
appointed under the expedited hiring authority for post-
secondary students to no more than 15 percent of the number of
students that the agency head appointed during the previous
fiscal year at the GS-11 level or below.
The Senate bill contained no similar provision.
The Senate recedes.
Modification of temporary assignments of Department of Defense
employees to a private-sector organization (sec. 1116)
The Senate bill contained a provision (sec. 1101) that
would amend section 1599g (e)(2)(A) of title 10, United State
Code, to allow the Department of Defense to temporarily
transfer or reassign other personnel within the Department to
perform the normal duties and functions of employees who are
participating in a public-private talent exchange.
The House amendment contained no similar provision.
The House recedes.
Extension of authority for part-time reemployment (sec. 1117)
The conference agreement includes a provision that would
extend, for 5 years, the authority of federal agencies to
reemploy retired federal civilian employees under limited
conditions, without offset of annuity against salary, for
certain specified purposes.
Subtitle B--Fair Chance Act
Short title (sec. 1121-1124)
The House amendment contained several provisions (sec.
1131 through sec. 1134) that would prohibit Federal agencies
and contractors from making inquiries regarding a job
applicants' criminal history before extending a conditional
offer of employment.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--ATC Hiring Reform
ATC Hiring Reform (secs. 1131-1135)
The conference agreement includes several provisions
(secs. 1131-1135) that would require the Federal Aviation
Administration (FAA) to give hiring preference to veterans and
graduates of FAA Certified Collegiate Training Initiative (CTI)
schools and remove the 10 percent limitation between the hiring
pools created by the FAA Extension Safety and Security Act of
2016.
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibited personnel practices
The House amendment contained a provision (sec. 1109)
that would amend section 2302 of title 5, United States Code,
to prohibit Federal employees from discriminating for or
against interns or applicants for internships on the basis of
race, color, religion, sex, national origin, age, or
handicapping condition.
The Senate bill contained no similar provision.
The House recedes.
Enhancement of antidiscrimination protections for Federal employees
The House amendment contained a provision (sec. 1110)
that would amend section 2301 of title 5, United States Code,
to require Federal agencies to display publicly any findings of
discrimination or retaliation within the agency concerned. The
provision would modify congressional reporting requirements
related to Federal employee antidiscrimination and retaliation
by authorizing electronic submittal of reports and requiring a
report of disciplinary actions initiated against Federal
employees as a result of a violation of applicable
antidiscrimination or retaliation policies. The provision would
also require each Federal agency to establish a discrimination
complaint tracking system. The provision would also require
notations in employee personnel records of any adverse action
taken as a result of an act of discrimination or retaliation.
The provision would also require each Federal agency to
establish an impartial Equal Employment Opportunity Program
that is independent of the agency's Human Capital or General
Counsel and reports directly to the head of the agency. The
provision would also require the Equal Employment Opportunity
Commission to refer any findings of discrimination or
retaliation within a Federal agency to the Office of Special
Counsel within 30 days.
The Senate bill contained no similar provision.
The House recedes.
Permitted disclosures by whistleblowers
The House amendment contained a provision that would
amend section 2302(b)(8)(B) of title 5, United States Code, to
permit whistleblowers to report fraud, waste, or abuse to the
Inspector General of an agency, a supervisor in the employee's
direct chain of command, or to an employee designated to
receive such disclosures.
The Senate bill contained no similar provision.
The House recedes.
Interim stay authority to protect whistleblowers
The House amendment contained a provision (sec. 1115)
that would authorize the General Counsel of the Merit Systems
Protection Board to order a 45-day stay of any personnel
action, given grounds to believe the action is a prohibited
personnel practice (including agency reprisal against a
whistleblower). The General Counsel could take such action
during the period beginning on the date of the enactment of
this Act and ending on the first day thereafter that an
individual is confirmed by the Senate as a member of the Board.
Further, under circumstances in which the Board lacks the
number of properly appointed members required to comprise a
quorum, any remaining member of the Board would be authorized
to execute certain Board functions.
The Senate bill contained no similar provision.
The House recedes.
Review of Standard Occupational Classification System
The House amendment contained a provision (sec. 1117)
that would require the Director of the Office of Management and
Budget to categorize public safety telecommunicators as a
protective service occupation under the Standard Occupational
Classification System.
The Senate bill contained no similar provision.
The House recedes.
Title XII--Matters Relating to Foreign Nations
Subtitle A--Assistance and Training
Modification of authority to build capacity of foreign security forces
(sec. 1201)
The House amendment contained a provision (sec. 1201)
that would modify section 333 of title 10, United States Code,
to clarify the eligibility of support for international
coalition operations as well as modify the congressional
notification requirements for support provided pursuant to such
section.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Modification and extension of cross servicing agreements for loan of
personnel protection and personnel survivability equipment in
coalition operations (sec. 1202)
The Senate bill contained a provision (sec. 1202) that
would extend the authority for cross-servicing agreements for
loan of personnel protection and survivability equipment in
coalition operations in Afghanistan through 2024.
The House amendment contained a similar provision (sec.
1202) that would extend section 1207 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) through December 31,
2024. This authority allows the Secretary of Defense, with the
concurrence of the Secretary of State, to loan personnel
protection and personnel survivability equipment to military
forces of other nations for their use in coalition operations
with the United States as part of a contingency operation or a
peacekeeping operation under the United Nations Charter or
another international agreement.
The Senate recedes.
Modifications of authorities relating to acquisition and cross-
servicing agreements (sec. 1203)
The Senate bill contained a provision (sec. 1282) that
would amend section 2342 of title 10, United States Code
relating to acquisition and cross-servicing agreements (ACSA).
Specifically, the provision would include new requirements for
reimbursement for cost of logistic support, supplies, and
services pursuant to such section. The provision would also add
new requirements for designation of a non-NATO country under
such section by the Secretary of Defense as well as add new
oversight and monitoring responsibilities to the Under
Secretary of Defense for Policy and to the Director of the
Defense Security Cooperation Agency. The provision would also
require the Secretary to prescribe regulations regarding ACSA
and direct the Comptroller General of the United States to
conduct a review of the implementation by the Secretary of such
regulations. Lastly, the provision would modify the annual
reporting requirements required under such section.
The House amendment contained no similar provision.
The House recedes with an amendment that clarifies the
requirements in section 2342 of title 10, United States Code
for designation of a non-NATO country under such section by the
Secretary of Defense. Further, the amendment adds a requirement
for the Secretary to designate an existing senior civilian or
military official with primary responsibility for oversight and
management of ACSA. Lastly, the provision clarifies the annual
reporting requirements required under such section.
Modification of quarterly report on obligation and expenditure of funds
for security cooperation programs and activities (sec. 1204)
The Senate bill contained a provision (sec. 1204) that
would amend section 381(b) of title 10, United States Code, to
change the deadline for submission of the quarterly report on
the use of security cooperation funds from 30 days after the
end of each calendar quarter to 60 days after the end of each
calendar quarter.
The House amendment contained a similar provision (sec.
1203) that would modify the quarterly reporting requirement on
obligation and expenditure of funds for security cooperation
programs and activities from 30 days after the calendar quarter
to 60 days.
The Senate recedes.
Gender perspectives and participation by women in security cooperation
activities (sec. 1205)
The House amendment contained a provision (sec. 1204)
that would modify section 333 of title 10, United States Code,
to require the inclusion of gender perspectives and meaningful
participation by women.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would
encourage, consistent with the Women, Peace, and Security Act
of 2017 (Public Law 115-68), the Secretary of Defense, in
coordination with the Secretary of State, to incorporate gender
perspectives and participation by women in security cooperation
activities to the maximum extent practicable.
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. 1206)
The House amendment contained a provision (sec. 1206)
that would require, not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State, to jointly develop, implement, and submit
to the appropriate congressional committees, a plan to provide
consistency in administration of section 362 of title 10,
United States Code, and section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d).
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Extension of authority for support of special operations for irregular
warfare (sec. 1207)
The Senate bill contained a provision (sec. 1201) that
would extend for 5 years section 1202 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
The House amendment contained a similar provision (sec.
1208) that would extend for 3 years section 1202 of the
National Defense Authorization Act for Fiscal Year 2018.
The Senate recedes.
Extension and modification of Commanders' Emergency Response Program
and elimination of certain payments to redress injury and loss
(sec. 1208)
The Senate bill contained a provision (sec. 1213) that
would extend the authorization for the Commanders' Emergency
Response Program in Afghanistan through December 31, 2020, and
would authorize $5.0 million for use during calendar year 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
$2.5 million for the Commanders' Emergency Response Program,
and eliminate the authority for certain payments to redress
injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya,
and Yemen, which is addressed elsewhere in this act.
Two-year extension of program authority for Global Security Contingency
Fund (sec. 1209)
The Senate bill contained a provision (sec. 1203) that
would amend section 1207 of the National Defense Authorization
Act for Fiscal Year 2012 (22 U.S.C. 2151) to extend for 2 years
the funding for the Global Security Contingency Fund. The
Senate bill contained another provision (sec. 6203) that would
add an exception to the funds, allowing amounts appropriated
and transferred to the Fund before September 30, 2019, to
remain available for obligation and expenditure after that
date, but only for programs under subsection (b).
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Legal institutional capacity building initiative for foreign defense
institutions (sec. 1210)
The Senate bill contained a provision (sec. 1205) that
would authorize the Secretary of Defense to carry out,
consistent with section 332 of title 10, United States Code, a
program of legal institutional capacity building with one or
more foreign countries to enhance the capacity to organize and
administer the legal institutions of such country or countries.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
elements of the authorized initiative as well the annual
reporting requirements.
Department of Defense support for stabilization activities in national
security interest of the United States (sec. 1210A)
The Senate bill contained a provision (sec. 1206) that
would authorize the Secretary of Defense, with the concurrence
of the Secretary of State and in consultation with the
Administrator of the United States Agency for International
Development, to provide certain support for the stabilization
activities of other Federal agencies.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify the
types and amounts of support authorized to be provided as well
as the countries in which such support may be provided.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Extension of authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan
(sec. 1211)
The Senate bill contained a provision (sec. 1211) that
would extend the authority to transfer defense articles and
provide defense services to the military and security forces of
Afghanistan through December 31, 2021.
The House amendment contained a similar provision (sec.
1213) that would extend the authority through December 31,
2022.
The Senate recedes.
Extension and modification of authority to acquire products and
services produced in countries along a major route of supply to
Afghanistan (sec. 1212)
The Senate bill contained a provision (sec. 804) that
would extend the authority under section 801(f) of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84) for the acquisition of products and services produced in
countries along a major route of supply to Afghanistan through
December 31, 2021.
The House amendment contained a similar provision (sec.
1214) that would extend this authority through December 31,
2021 and require the Secretary of Defense to submit a report on
the use of the authority.
The Senate recedes.
Authority for certain payments to redress injury and loss (sec. 1213)
The House amendment contained a provision (sec. 1215)
that would authorize $5.0 million from the Office of the
Secretary of Defense under the Operation and Maintenance,
Defense-wide account, for ex gratia payments for damage,
personal injury, or death that is incident to combat operations
of the United States Armed Forces in certain countries, through
December 31, 2020.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
$3.0 million for this authority for each calendar year through
December 31, 2022 and strike the specific country designations.
Extension and modification of semiannual report on enhancing security
and stability in Afghanistan (sec. 1214)
The Senate bill contained a provision (sec. 6217) that
would amend section 1225(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291) to incorporate the August 2017
Strategy of the United States into the reporting requirement
and require an assessment of the United States counterterrorism
mission, Department of Defense efforts in support of
reconciliation, and the expansion of the Afghan Government's
reach throughout Afghanistan.
The House amendment contained a similar provision (sec.
1216) that would extend the report through December 15, 2022
and modify certain elements.
The Senate recedes with an amendment that would require
the report include the assessment of the United States
counterterrorism mission and efforts to support reconciliation
and expand the reach of the Government of Afghanistan
throughout Afghanistan.
Special Immigrant Visa Program reporting requirement (sec. 1215)
The House amendment contained a provision (sec. 1217)
that would require the Inspector General of the Department of
State to submit a report that evaluates the obstacles to
effective protection of Afghan and Iraqi allies through the
Special Immigrant Visa Program and suggestions for improvements
in future programs.
The Senate bill contained no similar provision.
The Senate recedes.
Meaningful inclusion of Afghan women in peace negotiations (sec. 1216)
The Senate bill contained a provision (sec. 6215) that
would require the Secretary of State, in coordination with the
Secretary of Defense, to carry out activities to ensure the
meaningful participation of Afghan women in the ongoing peace
process in Afghanistan consistent with the Women, Peace, and
Security Act of 2017 (22 U.S.C. 2151 note; Public Law 115-68),
and to submit a report to the appropriate congressional
committees on such activities.
The House amendment contained a similar provision (sec.
1218) that would require the Secretary of Defense, in
coordination with the Secretary of State, to seek to ensure the
meaningful participation of Afghan women in the ongoing peace
process in Afghanistan, consistent with Public Law 115-68.
The House recedes with an amendment that would require
the Secretary of State, in coordination with the Secretary of
Defense, to advocate for the inclusion of Afghan women in
ongoing and future negotiations to end the conflict in
Afghanistan.
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States
military operations (sec. 1217)
The Senate bill contained a provision (sec. 1214) that
would extend the authority for reimbursement of certain
coalition nations for support provided to United States
military operations through December 31, 2020. The provision
would also eliminate reimbursements for Pakistan under this
authority, as reimbursements for Pakistan's efforts to sustain
security along its border with Afghanistan are already
authorized under section 1213 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232).
The House amendment contained a similar provision (sec.
1211) that would extend the authority through December 31,
2020.
The House recedes with an amendment that would authorize
$450.0 million for use under this authority.
Support for reconciliation activities led by the Government of
Afghanistan (sec. 1218)
The Senate bill contained a provision (sec. 1215) that
would authorize the Department of Defense, with the concurrence
of the Department of State, to provide support for local level,
Government of Afghanistan-led reconciliation activities with
the Taliban.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment. The
conferees note that this provision does not authorize direct
reimbursements to members or elements of the Taliban.
Modification and Extension of the Afghan Special Immigrant Visa Program
(sec. 1219)
The Senate bill contained a provision (sec. 1216) that
would express support for the Special Immigrant Visa Program
for Afghan allies.
The House amendment contained a provision (sec. 1212)
that would modify and extend the Afghan Allies Protection Act
of 2009 (Public Law 111-8) by adjusting the number of visas
available and individual eligibility requirements. It would not
modify the length of employment or security criteria that an
applicant must meet.
The Senate recedes with an amendment that would make an
additional 4,000 visas available through the Afghan Special
Immigrant Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Modification of authority and limitation on use of funds to provide
assistance to counter the Islamic State of Iraq and Syria (sec.
1221)
The Senate bill contained a provision (sec. 1222) that
would extend the authority to provide assistance to counter the
Islamic State of Iraq and Syria under section 1236 of the Carl
Levin and Howard P. ``Buck'' National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291) through December 31,
2021, and provide $645 million for use under the authority.
Additionally, the section would limit certain funds under this
authority until the Secretary of Defense submits a report to
the congressional defense committees.
The House amendment contained a provision (sec. 1221)
that would provide $663 million for use under the authority,
modify existing report requirements, and make clarifying and
technical corrections. Additionally, the provision would limit
certain funds under this authority until the Secretary of
Defense submits a report on the use of the authority and other
matters.
The Senate recedes with an amendment that would extend
the authority and modify associated reporting requirements.
The conferees note the importance of an all-of-government
approach in securing the lasting defeat of the Islamic State of
Iraq and Syria, extinguishing the drivers of future insurgency
and instability, and advancing U.S. interests in Iraq. The
conferees believe that non-military lines of effort must be
appropriately resourced and staffed for the U.S. strategy for
Iraq to be successful.
Extension and modification of authority to provide assistance to the
vetted Syrian groups and individuals (sec. 1222)
The Senate bill contained a provision (sec. 1221) that
would modify section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (FY 2015 NDAA (Public Law 113-291)) by extending the
authority to provide assistance to vetted Syrian groups through
2020. The provision would additionally modify the authority to
support the temporary detention and repatriation of Islamic
State of Iraq and Syria (ISIS) foreign terrorist fighters in
accordance with the Laws of Armed Conflict and Geneva
Conventions. The provision would also expand certain reporting
requirements.
The House amendment contained a provision (sec. 1222)
that would extend and modify section 1209 of the FY 2015 NDAA
by extending the authority to support vetted Syrian opposition
through December 30, 2020.
The Senate recedes with an amendment that would modify
the purposes of the authority. Further, the amendment would
modify the notification before provision of assistance, the
matters to be included in quarterly progress reports, the
authority to accept contributions, and the limitation on the
cost of construction and repair projects. Finally, the
amendment would place a limitation on the obligation of funds
pending submission of the first quarterly report.
Modification of authority to support operations and activities of the
Office of Security Cooperation in Iraq (sec. 1223)
The Senate bill contained a provision (sec. 1223) that
would extend the authorization for the Office of Security
Cooperation in Iraq through fiscal year 2020 and would amend
the Office's authority to support security cooperation
activities in Iraq. The provision would reduce the funds
available for this authority from $45.3 million to $30.0
million.
The House amendment contained a similar provision (sec.
1223) that would extend the authority for the Office of
Security Cooperation in Iraq through fiscal year 2020. The
provision would also limit the amount of authorized funds
available to be obligated or expended to not more than 50
percent until the Secretary of Defense certifies that certain
reforms are completed.
The Senate recedes with an amendment that would combine
the two provisions and make technical edits.
The conferees note the challenges attendant in effective
security cooperation and believe the Department should seek to
staff security cooperation offices with more foreign area
officers, particularly in the U.S. Central Command area of
responsibility.
Establishing a coordinator for detained ISIS members and relevant
displaced populations in Syria (sec. 1224)
The Senate bill contained a provision (sec. 1224) that
would require the President, in consultation with the Secretary
of Defense, the Secretary of State, the Director of National
Intelligence, and the Attorney General, to designate an
existing official within the Executive Branch as senior-level
coordinator to coordinate all matters for the United States
Government relating to the long-term disposition of members of
the Islamic State of Iraq and Syria (ISIS) and associated
forces.
The House amendment contained a similar provision (sec.
1036).
The Senate recedes with an amendment that would require,
not later than 60 days after the date of the enactment of this
Act, the President, in consultation with the Secretary of
Defense, the Secretary of State, the Director of National
Intelligence, the Secretary of the Treasury, and the Attorney
General, to submit to appropriate committees of Congress a
report identifying whether there exists a senior-level
coordinator for all matters for the United States Government
relating to ISIS members in the custody of Syrian Democratic
Forces. If the President is unable to identify a senior-level
coordinator for such matters, the President, in consultation
with the officials enumerated above, shall designate an
existing official within the executive branch to serve in that
capacity. The amendment further provides that not later than
180 days after the date of the enactment of this Act, and not
less frequently than once each year thereafter through January
31, 2021, the senior-level coordinator shall submit to
appropriate committees of Congress a detailed report on certain
high-value ISIS detainees.
The conferees believe that the coordinator identified
pursuant to this provision should be empowered by the President
and of sufficient seniority to adequately leverage and
coordinate the expertise and capabilities of the State
Department, Department of Defense, Department of Justice,
Department of Treasury, intelligence community, and other
relevant entities engaged in the repatriation, transfer, and
prosecution of members of ISIS.
Report on lessons learned from efforts to liberate Mosul and Raqqah
from control of the Islamic State of Iraq and Syria (sec. 1225)
The Senate bill contained a provision (sec. 1225) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on lessons learned from
coalition operations to liberate Mosul, Iraq, and Raqqah,
Syria, from control of the Islamic State of Iraq and Syria.
The House amendment contained no similar provision.
The House recedes.
Expansion of availability of financial assets of Iran to victims of
terrorism (sec. 1226)
The Senate bill contained a provision (sec. 6206) that
would amend section 502 of the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8772) to expand the
availability of financial assets of Iran to victims of
terrorism.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report on the status of deconfliction channels with Iran (sec. 1227)
The House amendment contained a provision (sec. 1228)
that would require, not later than 30 days after the enactment
of this Act, the President to submit a report on the status of
deconfliction channels with Iran.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Prohibition on provision of weapons and other forms of support to
certain organizations (sec. 1228)
The House amendment contained a provision (sec. 1224)
that would prohibit the use of funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2020 to provide weapons
or any form of support to al-Qaeda, the Islamic State of Iraq
and Syria, Jabhat Fateh al Sham, any individual or group
associated with these organizations, or any entity the
Secretary of Defense determined may trade or sell arms to
terrorist organizations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that adds Hamas,
Hizballah, Palestine Islamic Jihad, al-Shabaab, and Islamic
Revolutionary Guard Corps to the list of organizations to which
the provision of weapons or any form of support is proscribed.
Subtitle D--Matters Relating to the Russian Federation
Extension of limitation on military cooperation between the United
States and Russia (sec. 1231)
The Senate bill contained provisions (sec. 1233 and sec.
6210) that would extend through fiscal year 2020 the
prohibition established in section 1232 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) as
most recently amended by the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
which prohibits funds authorized to be appropriated for the
Department of Defense from being used for bilateral military-
to-military cooperation between the United States and the
Russian Federation without certain certifications by the
Secretary of Defense, made in coordination with the Secretary
of State, or unless certain waiver conditions are met.
The House amendment contained a similar provision (sec.
1232) that would extend through fiscal year 2020 the
prohibition established in section 1232 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
The Senate recedes.
The conferees note that, as established in Section 1232,
nothing in the limitation shall be construed to limit bilateral
military-to-military dialogue between the United States and the
Russian Federation for the purpose of reducing the risk of
conflict.
Prohibition on availability of funds relating to sovereignty of Russia
over Crimea (sec. 1232)
The Senate bill contained two provisions (sec. 1231 and
sec. 6231) that would prohibit funds authorized to be
appropriated by this Act for fiscal year 2020 for the
Department of Defense to be obligated or expended to implement
any activity that recognizes the sovereignty of the Russian
Federation over Crimea. The provisions would also prohibit the
Department to otherwise implement any such activity.
The House amendment contained a similar provision (sec.
1233) that would prohibit funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense to be obligated or expended to
implement any activity that recognizes the sovereignty of
Russia over Crimea.
The House recedes with an amendment that would prohibit
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Department of
Defense to be obligated or expended to implement any activity
that recognizes the sovereignty of Russia over Crimea. The
amendment would allow the Secretary of Defense, with the
concurrence of the Secretary of State, to waive the prohibition
if the Secretary: determines that a waiver is in the national
security interest of the United States; and on the date on
which the waiver is invoked, submits a notification of the
waiver and a justification of the reason for seeking the waiver
to specified congressional committees.
Sense of Congress on updating and modernizing existing agreements to
avert miscalculation between the United States and Russia (sec.
1233)
The House amendment contained a provision (sec. 1236)
that would express the sense of the Congress that the Secretary
of Defense and Secretary of State should explore steps for
updating and modernizing existing agreements between the United
States and Russia to avert the risk of miscalculation and
unintended escalation.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express
the sense of the Congress that: (1) conventional arms control
and confidence and security building measures have played an
important role in helping to increase military transparency and
reduce the risk of miscalculation; (2) Russia's violations of
the sovereignty and territorial integrity of Georgia and
Ukraine, and Russia's ongoing destabilizing and aggressive
behavior, have undermined peace, security, and stability in
Europe and beyond; (3) Russia's unilateral suspension and
violation of the Treaty on Conventional Armed Forces in Europe,
done at Vienna November 19, 1990, and entered into force
November 9, 1992, and selective implementation of the Vienna
Document of the Organization for Security and Cooperation in
Europe 2011 have contributed to a greater risk of
miscalculation; (4) Russia's unsafe and unprofessional
interactions with United States aircraft and vessels are
contrary to the spirit of specified existing agreements and
erode military transparency, predictability, and trust; (5) the
United States remains committed to upholding its current treaty
obligations and commitments with respect to conventional arms
control and confidence and security building measures; and (6)
the Secretary of Defense and the Secretary of State should
explore options, as practicable, for updated or new frameworks
for increasing military transparency, stability, and reducing
the risk of miscalculation, including through enhanced
diplomatic engagement and military-to-military dialogue.
United States participation in Open Skies Treaty (sec. 1234)
The Senate bill contained a provision (sec. 1242) that
would realign the requirement contained in section 1235(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) from fiscal year to calendar year. The
provision would also reduce the frequency of the reporting
requirement in section 1236 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
from quarterly to annual.
The House amendment contained a provision (sec. 1231)
that would make a series of findings and express the sense of
Congress relating to the Open Skies Treaty. The provision would
also prohibit the obligation or expenditure of any funds
authorized to be appropriated by this Act for the Department of
Defense to take any action to suspend, terminate, or withdraw
the United States from the treaty. This prohibition would not
apply if the Secretary of Defense and Secretary of State
jointly certify that Russia is in material breach of its
obligations under the treaty, and that all other states parties
to the treaty concur with this assessment; or, that withdrawing
from the treaty is in the best interests of U.S. national
security and all other states parties have been consulted with
respect to this decision. The provision would also repeal the
limitation on the use of funds to vote to approve or otherwise
adopt an implementing decision of the Open Skies Consultative
Commission in section 1236 of the National Defense
Authorization Act for Fiscal Year 2017. The provision would
also modify the reporting requirement in section 1236 to
include assessments of data collected on U.S. observation
flights under the treaty, and reduce the reporting frequency
from quarterly to biannual. Finally, the provision would make
the same realignment to section 1235(a) of the National Defense
Authorization Act for Fiscal Year 2018 but would change the
report to a briefing.
The Senate recedes with amendments that would strike the
findings, sense of Congress, and prohibition on obligation or
expenditure of funds for suspension, termination, or withdraw
from the treaty, and replace with a requirement to notify the
appropriate congressional committees no less than 120 days
before such actions. The amendments would also reduce the
frequency of the section 1236 reporting requirement from
quarterly to annual, and retain the section 1235(a) requirement
for a report instead of a briefing.
Modifications of briefing, notification, and reporting requirements
relating to non-compliance by the Russian Federation with its
obligations under the INF Treaty (sec. 1235)
The Senate bill contained a provision (sec. 1237) that
would terminate four recurring reporting requirements relating
to the Intermediate-Range Nuclear Forces Treaty if the treaty
is no longer in force.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report on treaties relating to nuclear arms control (sec. 1236)
The House amendment contained a provision (sec. 1235)
that would note that the Committees on Armed Services and
Foreign Affairs of the House of Representatives sent a letter
to the Secretary of Defense in October 2018 requesting
information on several aspects of U.S. policy related to
nuclear arms control, and that the Secretary of Defense did not
respond to that letter. The provision would also require the
Secretary of Defense, in consultation with the Secretary of
State and the Director of National Intelligence, to submit to
the appropriate congressional committees a report on similar
subjects. The provision would withhold 20 percent of funds
authorized to be appropriated for operations and maintenance,
defense-wide, for the Office of the Secretary of Defense for
travel until such report is submitted.
The Senate bill contained no similar provision.
The Senate recedes.
The conferees believe that reliable communication between
the congressional defense committees and the Department is
essential for the conduct of effective oversight.
Reports relating to the New START Treaty (sec. 1237)
The House amendment contained a provision (sec. 1240A)
that would express the sense of Congress that the United States
should seek to extend New START, and prohibit the use of funds
authorized to be appropriated for the Department of Defense by
this Act for any actions to withdraw from the treaty. The
provision would also require the Director of National
Intelligence, the Secretary of State, and the Secretary of
Defense to each submit several reports to the appropriate
congressional committees on subjects relating to the treaty and
its potential expiration.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
prohibition on the use of funds, express the sense of Congress
that legally binding, verifiable limits on Russian strategic
nuclear forces are in the national security interest of the
United States, and modify the number and required elements of
the reports.
Report on military activities of the Russian Federation and the
People's Republic of China in the Arctic region (sec. 1238)
The Senate bill contained a provision (sec. 6214) that
would require not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, to submit to the appropriate
congressional committees a report on the activities of the
Russian Federation and the People's Republic of China in the
Arctic region.
The House amendment contained no similar provision.
The House recedes with an amendment containing technical
clarifications.
Updated strategy to counter the threat of malign influence by the
Russian Federation and other countries (sec. 1239)
The Senate bill contained a provision (sec. 6216) that
would require the Secretary of Defense and the Secretary of
State to jointly update the comprehensive strategy to counter
the threat of malign influence developed pursuant to section
1239A of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1667) and to submit a report
detailing the updated strategy to the appropriate congressional
committees not later than 180 days after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Subtitle E--Matters Relating to Europe and NATO
Sense of Congress on support for the North Atlantic Treaty Organization
(sec. 1241)
The Senate bill contained multiple provisions (sec. 1244-
1246) that would express the sense of the Senate regarding the
North Atlantic Treaty Organization and European security
matters.
The House amendment contained multiple similar provisions
(sec. 1237, 1238, 1254, 1257, and 1261).
The House recedes with an amendment that would express
the sense of the Congress that the North Atlantic Treaty
Organization is the most successful military alliance in
history, founded on the principles of democracy, individual
liberty, and the rule of law, and its contributions to the
collective defense are indispensable to the security,
prosperity, and freedom of its members. The amendment would
also express that the United States must remain ironclad in its
commitment to uphold its obligations under the North Atlantic
Treaty, including Article 5 of such treaty.
Prohibition on the use of funds to suspend, terminate, or provide
notice of denunciation of the North Atlantic Treaty (sec. 1242)
The Senate bill contained a provision (sec. 1232) that
would prohibit funds authorized to be appropriated by this Act
to be obligated, expended, or reprogrammed for the withdrawal
of the United States Armed Forces from Europe during the 1-year
period beginning on the date that the President should ever
provide notice of withdrawal of the United States from the
North Atlantic Treaty, done at Washington, D.C. on April 4,
1949, pursuant to Article 13 of the treaty.
The House amendment contained a similar provision (sec.
1260A) that would make a series of findings related to the
North Atlantic Treaty Organization (NATO), state the policy of
the United States with respect to NATO, and prohibit funds
authorized to be appropriated, obligated, or expended to take
any action to withdraw the United States from the North
Atlantic Treaty, done at Washington, D.C. on April 4, 1949.
The Senate recedes with an amendment that would provide
that, notwithstanding any other provision of law, no funds may
be obligated, expended, or otherwise made available during the
period beginning on the date of enactment of this Act and
ending on December 31, 2020, to take any action to suspend,
terminate, or provide notice of denunciation of the North
Atlantic Treaty, done at Washington, D.C. on April 4, 1949. The
conferees strongly support membership in NATO, the most
successful military alliance in history, as a cornerstone of
the security and national defense of the United States.
The conferees affirm the ironclad commitment of the
United States to uphold its obligations under the North
Atlantic Treaty, including under Article 5 of such treaty.
Therefore, the conferees oppose in the strongest possible terms
any action to effectuate withdrawal of the United States from
NATO, including suspension, termination, or denunciation of the
North Atlantic Treaty.
Future years plans and planning transparency for European Deterrence
Initiative (sec. 1243)
The Senate bill contained a provision (sec. 1241) that
would require the Secretary of Defense, in consultation with
the Commander of the United States European Command, to submit
to the congressional defense committees a future years plan on
activities and resources of the European Deterrence Initiative
(EDI) for fiscal year 2020 and not fewer than the 4 succeeding
fiscal years.
The House amendment contained a provision (sec. 1252)
that would require an annual ``Future Years Plan'' for EDI as
previously required by section 1237(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), and
require the Department's budget request materials for EDI to
include a display that clearly and concisely communicates to
Congress, at an appropriate level of detail, which budget lines
constitute EDI.
The House amendment also contained a provision (sec.
1253) that would require a congressional report for each
obligation of EDI funds above a threshold of $10.0 million and
a report at the end of each fiscal year detailing how EDI funds
were spent during the fiscal year in comparison to their
intended uses.
The Senate recedes with an amendment that would require
the Secretary of Defense to submit to the congressional defense
committees a future years plan on activities and resources of
EDI for fiscal year 2020 and not fewer than the 4 succeeding
fiscal years. The amendment would also require, not later than
the date on which the Secretary of Defense submits to Congress
the budget request for the Department of Defense for fiscal
year 2021 and each fiscal year after thereafter, the Secretary
to submit to the congressional defense committees a future
years plan on activities and resources of EDI for such fiscal
year and not fewer than the four succeeding fiscal years. The
amendment would also require an annual report on the obligation
of EDI funds in a given fiscal year.
Modification and extension of Ukraine Security Assistance Initiative
(sec. 1244)
The Senate bill contained a provision (sec. 1234) that
would extend through December 31, 2022, the authority under
section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), as amended by section
1246 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), for the Secretary of
Defense, with the concurrence of the Secretary of State, to
provide security assistance, including defensive lethal
assistance, and intelligence support to military and other
security forces of the Government of Ukraine. The provision
would also add coastal defense cruise missiles and anti-ship
missiles to the categories of appropriate security assistance
and intelligence support. The provision would authorize up to
$300.0 million in fiscal year 2020 to provide security
assistance to Ukraine, of which $100.0 million would be
available only for lethal assistance.
The House amendment contained a similar provision that
would authorize $250.0 million for the Ukraine Security
Assistance Initiative. The provision would also require
concurrence by the Secretary of State in the provision of
assistance.
The Senate recedes with an amendment that would authorize
$300.0 million for the Ukraine Security Assistance Initiative,
of which $50.0 million would be available only for lethal
assistance. The amendment would add coastal defense cruise
missiles and anti-ship missiles to the categories of
appropriate security assistance and intelligence support. The
amendment would also require concurrence by the Secretary of
State in the provision of assistance and extend the authority
to December 31, 2022.
Limitation on transfer of F-35 aircraft to Turkey (sec. 1245)
The Senate bill contained provisions (sec. 1236, 6218,
and 6236) that would, among other things, place limitations on
the transfer of F-35 aircraft to the territory of the Republic
of Turkey, provide a waiver to such limitations subject to a
certification of certain conditions met by the Government of
Turkey, and express the sense of the Senate regarding the
Government of Turkey's purchase of the S-400 air defense
system.
The House amendment contained similar provisions (sec.
1255 and 1267) that would, among other things, place
limitations on the transfer of F-35 aircraft to Turkey, provide
a waiver to such limitations subject to a certification of
certain conditions met by the Government of Turkey, and express
the sense of Congress on Turkey's potential acquisition of the
Patriot system from the United States.
The Senate recedes with an amendment that would provide
that none of the funds authorized to be appropriated or
otherwise made available for the Department of Defense may be
used to do the following, and the Department may not otherwise
do the following: transfer, facilitate the transfer, or
authorize the transfer of, any F-35 aircraft or related support
equipment or parts to Turkey; transfer intellectual property,
technical data, or material support necessary for, or related
to, any maintenance or support of the F-35 aircraft necessary
to establish Turkey's indigenous F-35 capability; or construct
a storage facility for, or otherwise facilitate the storage in
Turkey of, any F-35 aircraft transferred to Turkey. The
amendment would allow the Secretary of Defense, jointly with
the Secretary of State, to waive such limitation if the
Secretaries submit to the appropriate committees of Congress a
written certification that contains a determination by the
Secretaries, and any relevant documentation on which the
determination is based, that the Government of Turkey, having
previously accepted delivery of the S-400 air and missile
defense system from the Russian Federation: no longer possesses
the S-400 air and missile defense system or any other
equipment, materials, or personnel association with such
system; has provided credible assurances that the Government of
Turkey will not in the future accept delivery of such system;
and has not, since July 31, 2019, purchased or accepted
delivery of defense equipment from the Russian Federation in
addition to the S-400 air and missile defense system that would
increase the risk of compromising the capabilities of the F-35
aircraft and its associated systems. The amendment would not
allow the Secretary of Defense and Secretary of State to waive
the limitation until 90 days after the date on which the
Secretaries submit the required certification. The amendment
would also express the sense of Congress that, among other
things, the acceptance of the S-400 air and missile defense
system by Turkey constitutes a significant transaction within
the meaning of section 231(a) of the Countering Russian
Influence in Europe and Eurasia Act of 2017 (Public Law 115-
44). The amendment would further express that the President
should implement sanctions under section 235 of that Act with
respect to any individual or entity determined to have engaged
in such significant transaction as if such person were a
sanctioned person for purposes of such section. The amendment
would also authorize the Secretary of Defense to fly up to six
Turkish F-35 aircraft to a storage location in the United
States and to induct these aircraft into a long-term storage
condition. The amendment would further authorize the Secretary
of Defense to expend up to $30.0 million of funds authorized to
be appropriated for fiscal year 2020 for the Department of
Defense to conduct activities associated with storage,
preservation, and developing a plan for the final disposition
of such F-35 aircraft and Turkish F-35 aircraft equipment. The
amendment would also require a report and notification of
expenditure of funds under specified conditions.
Baltic defense assessment; extension and modification of security
assistance for Baltic countries for joint program for
interoperability and deterrence against aggression (sec. 1246)
The Senate bill contained a provision (sec. 1238) that
would amend section 1279D of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) by modifying and
extending the authority of the Secretary of Defense, with the
concurrence of the Secretary of State, to conduct or support a
single joint program of the Baltic nations to improve
interoperability and build their capacity to deter and resist
aggression by the Russian Federation. The provision would
modify the authority by: adding command, control,
communications, computers, intelligence, surveillance, and
reconnaissance equipment to defense articles and services
eligible for a joint program; increasing the total amount of
assistance that may be provided under the authority to $125.0
million; requiring that the amount of assistance provided may
not exceed the aggregate amount contributed to the joint
program by the Baltic nations; and extending the date of
termination of the authority to December 31, 2022. The House
amendment contained a similar provision (sec. 1260B) that would
modify and extend the authority by: adding intelligence,
surveillance, and reconnaissance equipment to defense articles
and services eligible for a joint program, increasing the
amount of assistance to $125.0 million; extending the date to
December 31, 2021; and requiring a report on the use of
funding.
The House amendment also contained provisions (secs.
1271-1274) that would establish findings with regard to the
Baltic nations; express the sense of the Congress that the
United States is committed to the security of the Baltic
nations; and require the Secretary of Defense and Secretary of
State to jointly conduct an assessment of the military
requirements of the Baltic countries to deter and resist
aggression by Russia and to submit a report related to such
assessment.
The Senate recedes with an amendment that would combine
both the Senate and House sections to extend and modify the
authority to conduct or support a single joint program of the
Baltic nations. The amendment would also require the defense
assessment as provided in the House amendment.
Extension of authority for and report on training for Eastern European
national security forces in the course of multilateral
exercises (sec. 1247)
The Senate bill contained a provision (sec. 1235) that
would extend through December 31, 2022, the authority provided
in section 1251 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92), as amended by section
1205 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91), for the Secretary of Defense, with
the concurrence of the Secretary of State, to provide
multilateral or regional training, and pay the incremental
expenses of participating in such training, for countries in
Eastern Europe that are signatories to the Partnership for
Peace Framework Documents but not members of the North Atlantic
Treaty Organization (NATO) or that became NATO members after
January 1, 1999.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
authority for training Eastern European national security
forces in the course of multilateral exercises through December
31, 2021. Not later than 180 days after the date of the
enactment of this Act, the amendment would require the
Secretary of Defense, in consultation with the Commander of
United States European Command, to submit to the congressional
defense committees a report on the authority.
Extension and modification of NATO Special Operations Headquarters
(sec. 1248)
The Senate bill contained a provision (sec. 1281) that
would extend for 5 years the authority established in section
1244 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84), as most recently amended by section
1280 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92).
The House amendment contained a similar provision (sec.
1251) that would extend through fiscal year 2023 section 1244
of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84), as most recently amended by section 1280
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), for the NATO Special Operations
Headquarters (NSHQ) and also limit funding for the NSHQ until
the Secretary of Defense, acting through the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, provides a report on the decision to realign
responsibilities for overseeing and supporting NSHQ from U.S.
Special Operations Command to U.S. European Command.
The Senate recedes with a technical amendment.
North Atlantic Treaty Organization Joint Force Command (sec. 1249)
The Senate bill contained a provision (sec. 6213) that
would authorize the establishment of, and participation of
members of the armed forces in, the North Atlantic Treaty
Organization Joint Force Command, including the use of
Department of Defense facilities and equipment as well as funds
authorized to be appropriated to the Department of Defense for
fiscal year 2020.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
available amounts authorized to be appropriated to the
Department of Defense to support the North Atlantic Treaty
Organization Joint Force Command to be established in the
United States.
Report on North Atlantic Treaty Organization Readiness Initiative (sec.
1250)
The Senate bill contained a provision (sec. 1239) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on the North Atlantic
Treaty Organization Readiness Initiative not later than October
1, 2020.
The House amendment contained no similar provision.
The House recedes.
Repeal of prohibition on transfer of articles on the United States
Munitions List to the Republic of Cyprus (sec. 1250A)
The Senate bill contained a provision (sec. 6204) that
would, among other things, make a series of changes to allow
for the export, re-export, and the transfer of defense articles
and defense services, including those subject to the United
States Munitions List, to the Republic of Cyprus if the
President determines and certifies to the appropriate
congressional committees not less than annually that: the
Government of the Republic of Cyprus is continuing to cooperate
with the United States Government in efforts to implement
reforms on anti-money laundering regulations and financial
regulatory oversight; and the Government of the Republic of
Cyprus has made and is continuing to take the steps necessary
to deny Russian military vessels access to ports for refueling
and servicing.
The House amendment contained a similar provision (sec.
1270I).
The House recedes with an amendment that would express
the sense of Congress that: allowing for the export, re-export
or transfer of arms subject to the United States Munitions List
to the Republic of Cyprus would advance United States security
interests in Europe by helping to reduce the dependence of the
Government of the Republic of Cyprus on other countries,
including countries that pose challenges to United States
interests around the world, for defense-related materiel; and
it is in the interest of the United States to continue to
support United Nations-facilitated efforts toward a
comprehensive solution to the division of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Modification of Indo-Pacific Maritime Security Initiative (sec. 1251)
The House amendment contained a provision (sec. 1241)
that would modify the authority for the Indo-Pacific Maritime
Security Initiative to include additional elements of
assistance and training, require additional information for
congressional notifications, mandate an annual report, and
incorporate an assessment, monitoring, and evaluation program.
The provision would also require a one-time report on the
initiative.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would, among
other modifications, make clarifying changes to the required
annual report on the initiative and strike the requirement for
a one-time report. The conferees note that units to receive
assistance under the Indo-Pacific Maritime Security Initiative
undergo required ``Leahy Law'' human rights vetting before such
assistance is provided.
Expansion of Indo-Pacific Maritime Security Initiative and limitation
on use of funds (sec. 1252)
The Senate bill contained a provision (sec. 1252) that
would modify section 1263(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92) to
include as recipient countries for assistance and training
under the Indo-Pacific Maritime Security Initiative the
following: the Federated States of Micronesia, the Kingdom of
Tonga, Papua New Guinea, the Republic of Fiji, the Republic of
the Marshall Islands, the Republic of Palau, the Republic of
Vanuatu, and the Solomon Islands.
The House amendment contained a provision (sec. 1250A)
that would require a report on the current status of security
cooperation and assistance with Pacific Island countries and
the feasibility of expanding such cooperation and assistance.
The House recedes with an amendment that would include
the following as recipient countries under in the initiative:
the Federated States of Micronesia, the Independent State of
Samoa, the Kingdom of Tonga, Papua New Guinea, the Republic of
Fiji, the Republic of Kiribati, the Republic of the Marshall
Islands, the Republic of Nauru, the Republic of Palau, the
Republic of Vanuatu, and the Solomon Islands, and Tuvalu. The
amendment would also provide that none of the funds authorized
to be appropriated for the initiative shall be used to provide
training or assistance to the additional recipient countries
until the Secretary of Defense, with the concurrence of the
Secretary of State, submits to the appropriate congressional
committees a report regarding security cooperation and
assistance with such countries.
Report on resourcing United States defense requirements for the Indo-
Pacific region and study on competitive strategies (sec. 1253)
The Senate bill contained a provision (sec. 1254) that
would require the Commander, United States Indo-Pacific
Command, to submit to the congressional defense committees a
report containing the independent assessment of the Commander
with respect to the activities and resources required for
fiscal years 2022 through 2026 to achieve certain objectives.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
specific cost estimates, as practicable, to be included in the
required assessment. The amendment would clarify the role of
elements of the Office of the Secretary of Defense in providing
a briefing related to the required assessment. The amendment
would also require, not later than 1 year after the date of
enactment of this Act, the Secretary of Defense, acting through
the Office of Net Assessment, to provide the results of a study
on at least three possible long-term competitive strategies
with respect to the People's Republic of China with a focus on
identifying opportunities to shape strategic competition to the
advantage of the United States.
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. 1254)
The Senate bill contained a provision (sec. 1251) that
would prohibit the use of funds authorized to be appropriated
by this Act to reduce the total number of members of the Armed
Forces in the territory of the Republic of Korea (ROK) below
28,500 until 90 days after the date on which the Secretary of
Defense certifies to the congressional defense committees that:
such a reduction is in the national security interests of the
United States and will not significantly undermine the security
of United States allies in the region; such a reduction is
commensurate with a reduction in the threat posed to the
security of the United States and its allies in the region by
the conventional military forces of the Democratic People's
Republic of Korea (DPRK); and the Secretary has appropriately
consulted with allies of the United States, including the ROK
and Japan, regarding such a reduction.
The House amendment contained a similar provision (sec.
1243) that would prohibit the use of funds authorized to be
appropriated by this Act to reduce the number of members of the
Armed Forces serving on Active Duty in the Republic of Korea
below 28,500 unless the Secretary of Defense first provides
certification to the congressional defense committees that such
a reduction is in the national security interest of the United
States and will not significantly undermine the security of the
United States' allies in the region.
The Senate recedes with an amendment that would prohibit
funds authorized to be appropriated by this Act to be used to
reduce the total number of members of the Armed Forces serving
Active Duty who are deployed to South Korea below 28,500 until
90 days after the date on which the Secretary of Defense
certified to the congressional defense committees the
following: such a reduction is in the national security
interest of the United States and will not significantly
undermine the security of United States allies in the region;
and the Secretary has appropriately consulted with allies of
the United States, including South Korea and Japan, regarding
such a reduction.
The conferees recognize that United States military
forces deployed on the Korean Peninsula remain vital to
deterring, and if necessary, defeating aggression by the
Democratic People's Republic of Korea, which continues to
threaten the national security interests of the United States
and the peace and stability of the Indo-Pacific region through
both its conventional forces and weapons of mass destruction.
While the conferees support diplomatic efforts to achieve the
complete and fully verified denuclearization of the Democratic
People's Republic of Korea, the conferees believe the removal
of United States military forces from the Korean Peninsula is a
non-negotiable item in such negotiations.
Report on direct, indirect, and burden-sharing contributions of Japan
and South Korea (sec. 1255)
The House amendment contained a provision (sec. 1244)
that would require the Secretary of Defense to provide a report
to the congressional defense committees, Senate Committee on
Foreign Relations, and House Committee on Foreign Affairs, not
later than March 1, 2020, and March 1, 2021, on the direct,
indirect, and burden-sharing contributions of Japan and South
Korea to support overseas military installations of the United
States and U.S. Armed Forces deployed to or permanently
stationed in Japan and South Korea.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that, among other
changes clarifying the process of preparing and delivering the
aforementioned report, would require the Comptroller General of
the United States to provide the report to the congressional
committees described.
The conferees note that Japan and the Republic of Korea
have made significant contributions to common security,
including through direct, indirect, and burden-sharing
contributions. Therefore, the conferees believe that upcoming
negotiations concerning new Special Measures Agreements with
Japan and the Republic of Korea should be conducted in a spirit
consistent with prior negotiations on the basis of common
interest and mutual respect.
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. 1256)
The Senate bill contained a provision (sec. 1259) that
would express the sense of the Senate with respect to security
commitments to the Governments of Japan and the Republic of
Korea and trilateral cooperation between the United States,
Japan, and the Republic of Korea.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of Congress that the United States strongly
encourages strengthened bilateral security ties between Japan
and the Republic of Korea as well as deeper trilateral defense
coordination and cooperation, including through expanded
exercises, training, senior-level exchanges, and information
sharing. The amendment would also express that the following
bilateral and trilateral agreements are critical to regional
security, and should be maintained: the bilateral military
intelligence-sharing pact between Japan and the Republic of
Korea, signed on November 23, 2016; and the trilateral
intelligence sharing agreement among the United States, Japan,
and the Republic of Korea, signed on December 29, 2015.
Sense of Congress on North Korea (sec. 1257)
The House amendment contained a provision (sec. 1250K)
that would express the sense of the Congress concerning North
Korea and diplomatic efforts to achieve the denuclearization of
North Korea.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would express
the sense of Congress that, among other things, a sustained
credible diplomatic process based on concrete measures to
achieve the denuclearization of North Korea and an eventual end
to the Korean War should be pursued. The amendment would also
express that continued actions by North Korea that run counter
to diplomatic negotiations call into question North Korea's
intentions and commitment to a diplomatic solution.
Statement of policy and sense of Congress on, and strategy to fulfill
obligations under, Mutual Defense Treaty with the Republic of
the Philippines (sec. 1258)
The Senate bill contained a provision (sec. 6201) that
would state the policy of the United States that, among other
things, an attack on the armed forces, public vessels, or
aircraft of the Republic of the Philippines in the Pacific,
including the South China Sea, would trigger the mutual defense
obligations of the United States under Article IV of the Mutual
Defense Treaty between the Republic of the Philippines and the
United States of America, done at Washington August 30, 1951,
``to meet common dangers in accordance with its constitutional
processes''. The provision would also express the sense of the
Senate that the Secretary of State and the Secretary of Defense
should: affirm the commitment of the United States to the
Mutual Defense Treaty between the United States and the
Republic of the Philippines; preserve and strengthen the
alliance of the United States with the Republic of the
Philippines; prioritize efforts to develop a shared
understanding of alliance commitments and defense planning; and
provide appropriate support to the Republic of the Philippines
to strengthen the self-defense capabilities of the Republic of
the Philippines, particularly in the maritime domain.
The House amendment contained no similar provision.
The House recedes with an amendment that would include
the statement of policy from the Senate provision, express the
sense of the Congress with the respect to the objectives of the
Secretary of State and Secretary of Defense as described in the
Senate provision, and require, not later than 1 year after the
date of enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, to submit to the
appropriate committees of Congress a report that sets forth the
strategy of the Department of Defense for achieving such
objectives.
Report on security cooperation with the Philippine National Police
(sec. 1259)
The House amendment contained a provision (sec. 1245)
that would require the Secretary of Defense, in consultation
with the Secretary of State, to provide a report to the
congressional defense committees, Senate Committee on Foreign
Relations, and House Committee on Foreign Affairs, not later
than 120 days after the date of the enactment of this Act on
the Department of Defense's objectives and strategy for
achieving such objectives for the Philippines.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require,
not later than 150 days after the date of the enactment of this
Act, the Secretary of Defense, in concurrence with the
Secretary of State, to submit to the appropriate congressional
committees a report concerning security sector assistance
programs with the Philippine National Police.
Modification of annual report on military and security developments
involving the People's Republic of China (sec. 1260)
The House amendment contained two provisions (secs. 1246
and 1247) that would amend section 1202 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65) by
requiring the Secretary of Defense to consult with the heads of
other Federal departments and agencies as appropriate in
developing the Annual Report to Congress on Military and
Security Developments Involving the People's Republic of China.
The provisions would also modify the specified congressional
committees that receive the annual report, and add certain
elements to the annual report.
The Senate bill contained a similar provision (sec. 1253)
that would amend paragraph 26 of section 1202(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65) by requiring the annual report to address the
relationship between Chinese overseas investment, including the
Belt and Road Initiative and the Digital Silk Road, and Chinese
security and military objectives.
The Senate recedes with an amendment that would add
certain elements to the annual report.
Report on foreign military activities in Pacific Island countries (sec.
1260A)
The House amendment contained a provision (sec. 1250B)
that would require, not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence, in coordination with the Director of the Defense
Intelligence Agency and the Director of National Intelligence,
to submit to the congressional defense committees a report
concerning foreign military activities in Pacific Island
countries.
The Senate bill contained no similar provision.
The Senate recedes.
Report on cybersecurity activities with Taiwan (sec. 1260B)
The House amendment contained a provision (sec. 1250G)
that would direct, not later than 180 days after the enactment
of this Act, the Secretary of Defense to submit to the
congressional defense committees a report on cybersecurity
activities with Taiwan.
The Senate bill contained no similar provision.
The Senate recedes.
Review and report related to the Taiwan Relations Act (sec. 1260C)
The Senate bill contained a provision (sec. 6211) that
would express the sense of the Congress concerning the Taiwan
Relations Act (Public Law 96-8). The provision would also
direct the Secretary of Defense, in coordination with the
Secretary of State, to conduct a review of coercive behavior by
the Government of the People's Republic of China directed at
Taiwan, as well as the role of United States policy toward
Taiwan with respect to the implementation of the 2017 National
Security Strategy and the 2018 National Defense Strategy. The
provision would direct a report to be delivered to the
appropriate committees of Congress on the results of the
review.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
clarifying changes to the content of the required report.
Sense of Congress on enhancement of the United States-Taiwan defense
relationship (sec. 1260D)
The Senate bill contained a provision (sec. 1257) that
would express the sense of the Senate concerning the
enhancement of the United States-Taiwan defense relationship.
The House amendment contained a similar provision (sec.
1248).
The House recedes with an amendment that would express
the sense of the Congress that Taiwan is a vital partner of the
United States, and that the United States should continue to
strengthen defense and security cooperation in support of
Taiwan maintaining a sufficient self-defense capability.
In light of the fortieth anniversary of the Taiwan
Relations Act (Public Law 96-8), the conferees encourage the
Department of Defense to focus attention and resources on the
future of the United States-Taiwan defense relationship,
particularly in relation to implementation of the National
Defense Strategy and strategic competition with China.
Chinese foreign direct investment in countries of the Arctic region
(sec. 1260E)
The House amendment contained a provision (sec. 1250J)
that would make a series of findings and direct an independent
study of Chinese foreign direct investment in countries of the
Arctic region, with a focus on the effects of such foreign
direct investment on United States national security and near-
peer competition in the Arctic region.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the findings in the provision.
Sense of Congress on policy toward Hong Kong (sec. 1260F)
The Senate bill contained a provision (sec. 6209) that
would express the sense of the Congress regarding United States
policy concerning Hong Kong.
The House amendment contained no similar provision.
The House recedes with an amendment that would express
the sense of the Congress that, among other things, Congress
stands unequivocally with the people of Hong Kong as they
defend their rights and freedoms and preserve their autonomy
against the People's Republic of China. The amendment would
call for efforts to resolve the remaining demands raised by
protestors, who represent a broad cross-section of Hong Kong.
The amendment would also express that in the event of use of
force by the Government of the People's Republic of China
against protestors in Hong Kong, Congress will recommend swift
action by the United States, including: a fundamental
reevaluation of the special treatment of Hong Kong under the
Hong Kong Policy Act of 1992 (Public Law 102-383) and other
United States law; and coordinated actions with like-minded
countries to impose meaningful costs on the People's Republic
of China, including the imposition of sanctions, travel
restrictions, and other actions against responsible senior
officials in the Chinese Communist Party, the People's
Liberation Army, and the People's Armed Police.
Sense of Congress on enhancing defense and security cooperation with
the Republic of Singapore (sec. 1260G)
The Senate bill contained a provision (sec. 1261) that
would express the sense of the Senate concerning defense and
security cooperation with the Republic of Singapore.
The House amendment contained a similar provision (sec.
1249).
The House recedes with an amendment that would express
the sense of the Congress that robust defense and security
cooperation between the United States and the Republic of
Singapore is crucial to promoting peace and stability in the
Indo-Pacific region.
Authority to transfer funds for Bien Hoa dioxin cleanup (sec. 1260H)
The Senate bill contained a provision (sec. 1043) that
would allow the Secretary of Defense to transfer not more than
$15.0 million in fiscal year 2020 to the Secretary of State,
for use by the United States Agency for International
Development, funds to be used for the Bien Hoa dioxin cleanup
in Vietnam.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to notify the congressional defense
committees prior to such a transfer of funds.
Limitation on removal of Huawei Technologies Co. Ltd. from entity list
of Bureau of Industry and Security (1260I)
The House amendment contained a provision (sec. 1250D)
that would prohibit the removal of Huawei Technologies Co. Ltd.
from the entity list maintained by the Bureau of Industry and
Security until the Secretary of Commerce certifies to Congress
that a number of conditions have been met.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the conditions for removal from the entity list and add a
reporting requirement for licenses issued for exports to
Huawei.
Report on ZTE compliance with Superseding Settlement Agreement and
Superseding Order (sec. 1260J)
The House amendment contained a provision (sec. 1250C)
that would require the President to submit annual reports to
Congress on the compliance of Zhongxing Telecommunications
Equipment Corporation (ZTE) and ZTE Kangxun Telecommunications
Ltd. with the Superseding Settlement Agreement and Superseding
Order reached with the Department of Commerce on June 8, 2018.
The Senate bill contained no similar provision.
The Senate recedes.
Report on the lay-down of United States Marines in the Indo-Pacific
region (sec. 1260K)
The Senate bill contained a provision (sec. 1255) that
would require a review of, certification, and report on the
current status of the distributed laydown of forces in the
Indo-Pacific region in support of the joint statement of the
United States-Japan Security Consultative Committee issued
April 26, 2012, in the District of Columbia (April 27, 2012, in
Tokyo, Japan) and revised on October 3, 2013, in Tokyo. The
provision would also require the Comptroller General to submit
to the congressional defense committees a report containing an
analysis of the current status of the distributed laydown.
The House amendment contained no similar provision.
The House recedes with an amendment that would add
certain elements of the report to focus its contents on the
implementation of the planned distributed lay-down of U.S.
Marines in the Indo-Pacific region and strikes the requirement
for a Comptroller General report.
The conferees note that nothing in this provision shall
be construed to change the current distributed lay-down of U.S.
Marines in the Indo-Pacific region or to express support for
any such change. Any potential changes to the distributed lay-
down should be considered only after consultation and agreement
of impacted countries, especially the Government of Japan.
Subtitle G--Other Matters
Modification to report on legal and policy frameworks for the use of
military force (sec. 1261)
The House amendment contained a provision (sec. 1262)
that would modify section 1264 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) to
require the President to submit an annual report to the
appropriate committees of Congress on the legal and policy
frameworks for the use of military force and related national
security operations.
The Senate bill contained no similar provision.
The Senate recedes.
Independent review of sufficiency of resources available to United
States Southern Command and United States Africa Command (sec.
1262)
The House amendment contained a provision (sec. 1264)
that would direct the Secretary of Defense to seek to enter
into a contract with an entity independent of the Department of
Defense to conduct an assessment of the sufficiency of
resources available to U.S. Southern Command and U.S. Africa
Command.
The Senate bill contained no similar provision.
The Senate recedes with technical amendment.
United States Central Command posture assessment and review (sec. 1263)
The Senate bill contained a provision (sec. 1287) that
would mandate a comprehensive United States Central Command
(CENTCOM) posture review, which would assess the extent to
which the United States possesses the force posture and
capabilities for countering threats emanating from and
affecting CENTCOM's area of responsibilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of Defense to seek to enter into a contract with
a federally funded research and development center to conduct
an independent assessment and comprehensive review of United
States military force posture and capabilities for countering
threats emanating from and affecting CENTCOM's area of
responsibilities.
The conferees note that the United States' military
presence, posture, and basing in the Middle East region was
constituted iteratively over decades to support a range of
regional partners, operations, tasks, and activities, against
an evolving spectrum of threats and contingencies. The
conferees are concerned that the proportion of Department of
Defense resources deployed to the CENTCOM area of
responsibility no longer reflects departmental priorities, as
articulated in the National Defense Strategy. Furthermore, the
conferees believe CENTCOM must be appropriately postured in
order to maintain resilience and deterrence toward regional
adversaries whose doctrine and capabilities continue to evolve.
However, the conferees believe CENTCOM must pursue a more
resource efficient approach in order to support Department-wide
efforts to recover readiness, lethality, and strategic
competitiveness with Russia and China, in accordance with
National Defense Strategy priorities.
Limitation on production of nuclear proliferation assessment statements
(sec. 1264)
The House amendment contained a provision (sec. 1269)
that would prohibit the Secretary of State from providing to
the President a Nuclear Proliferation Assessment Statement, in
accordance with section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153), with respect to a proposed cooperation
agreement with any country that has not signed and implemented
an Additional Protocol with the International Atomic Energy
Agency. The provision would make an exception for a country
that already had in effect an agreement under section 123 as of
June 19, 2019. The provision would allow for a waiver of such
prohibition if the President submits a report to the
appropriate congressional committees, and the Congress enacts a
joint resolution of approval of the waiver.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would remove
the requirement for a joint resolution of approval of the
waiver. The waiver would instead take effect 90 days after the
submission of the report to the appropriate congressional
committees.
Western hemisphere resource assessment (sec. 1265)
The House amendment contained a provision (sec. 1270D)
that would require, not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of Defense, the Secretary of State, and the
Administrator of the United States Agency for International
Development, to submit a report to the appropriate
congressional committees assessing the sufficiency of resources
available to the United States Southern Command, United States
Northern Command, Department of State, and United States Agency
for International Development, to carry out their respective
missions in the Western hemisphere.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the elements of the required assessment.
Human rights in Brazil (sec. 1266)
The House amendment contained a provision (sec. 1080)
that would require, not later than 180 days after the enactment
of this Act, the Secretary of Defense and the Secretary of
State to jointly submit a report to the appropriate
congressional committees that assesses the human rights climate
in Brazil; whether Brazilian security-force units that are
engaged in human rights abuses may have received or purchased
United States equipment or training; and a strategy to address
the human rights abuses found.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that, among other
changes, would require the Secretary of Defense to coordinate
with the Secretary of State on the report and add additional
elements to the report, including U.S.-Brazil security
cooperation and related matters.
Certification relating to assistance for Guatemala (sec. 1267)
The House amendment contained a provision (sec. 1270S)
that would prohibit the use of funds authorized to be
appropriated or otherwise made available to transfer or
purchase vehicles for any joint task force including the
Ministry of Defense or the Ministry of the Interior of
Guatemala unless the Secretary of Defense certifies that such
ministries have made a credible commitment to use such
equipment solely for the purposes intended.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
that prior to the transfer of vehicles by the Department of
Defense to a joint task force of the Ministry of Defense or the
Ministry of Interior of Guatemala during fiscal year 2020, the
Secretary of Defense must certify to the appropriate
congressional committees that such ministries have made a
credible commitment to use such equipment only for the uses for
which they were intended.
Independent analysis of human rights situation in Honduras (sec. 1268)
The Senate bill contained a provision (sec. 1286) that
would require the Secretary of Defense to enter into an
agreement with an independent think tank or a federally funded
research and development center to conduct an analysis and
assessment of the compliance of the military and security
forces of Honduras with international human rights laws and
standards.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Briefing on strategy to improve the efforts of the Nigerian military to
prevent, mitigate, and respond to civilian harm (sec. 1269)
The House amendment contained a provision (sec. 1270E)
that would require, not later than 180 days after the date of
the enactment of this Act, the President to submit to the
appropriate congressional committees a report on plans to
assist the Nigerian military in improving its efforts to
prevent, mitigate, and respond to civilian harm arising from
its military presence and operations. The provision would also
require the President to provide annual updates on progress
made with respect to the plan contained in such report.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
not later than 180 days after the date of enactment of this Act
the Secretary of Defense and the Secretary of State to jointly
provide a briefing to specified congressional committees on the
current strategy to improve defense institutions and security
sector forces in Nigeria.
The conferees expect the briefing to discuss steps, if
any, that the Departments are taking to increase the ability of
the Nigerian military to minimize civilian harm when using
equipment provided by the United States, to include the A-29
Super Tucano and related munitions.
Report on implications of Chinese military presence in Djibouti (sec.
1270)
The House amendment contained a provision (sec. 1270K)
that would require, not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense to submit
to the appropriate congressional committees a report containing
a comprehensive strategy to address security concerns posed by
the Chinese People's Liberation Army Support Base in Djibouti
to United States military installations and logistics chains in
sub-Saharan Africa and the Middle East.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Rule of construction on the permanent stationing of United States Armed
Forces in Somalia (sec. 1271)
The House amendment contained a provision (sec. 1270T)
that would prohibit the use of funds authorized to be
appropriated by this Act or otherwise made available to the
Department of Defense for fiscal year 2020 to establish any
military installation or base for the purpose of providing for
the permanent stationing of United States Armed Forces in
Somalia.
The Senate bill contained no similar provision.
The Senate recedes with an amendment to include a rule of
construction that states that nothing in this Act may be
construed to authorize the permanent stationing of members of
the United States Armed Forces in Somalia.
Defense and diplomatic strategy for Libya (sec. 1272)
The House amendment contained a provision (sec. 1270O)
that would require, not later than 120 days after the date of
the enactment of this Act, the President submit to the
appropriate congressional committees a report that contains a
strategy for Libya.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that modifies the
elements of the required strategy.
Prohibition on in-flight refueling to non-United States aircraft that
engage in hostilities in the ongoing civil war in Yemen (sec.
1273)
The House amendment contained a provision (sec. 1270N)
that would prohibit, for the two-year period beginning on the
date of the enactment of this Act, in-flight fueling by the
Department of Defense to non-United States aircraft engaged in
hostilities in the ongoing civil war in Yemen unless and until
a declaration of war or a specific statutory authorization has
been enacted.
The Senate bill contained no similar provision.
The Senate recedes.
Report on Saudi led coalition strikes in Yemen (sec. 1274)
The House amendment contained a provision (sec. 1270M)
that would require, not later than 90 days after the enactment
of this Act and annually thereafter, the Secretary of Defense,
in consultation with the Secretary of State, to submit a report
detailing the number of civilian casualties caused by the
Saudi-led coalition in Yemen, including an assessment of the
coalition members' willingness and ability to prevent civilian
casualties.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Reports on expenses incurred for in-flight refueling of Saudi coalition
aircraft conducting missions relating to civil war in Yemen
(sec. 1275)
The Senate bill contained a provision (sec. 1288) that
would mandate a report detailing the expenses incurred by the
United States in providing in-flight refueling services for
Saudi or Saudi-led coalition non-United States aircraft
conducting missions as part of the civil war in Yemen from
March 1, 2015, to November 11, 2018, and the extent to which
such expenses have been reimbursed by members of the Saudi-led
coalition.
The House amendment contained no similar provision.
The House recedes.
Report on Saudi Arabia's human rights record (sec. 1276)
The House amendment contained a provision (sec. 1296B)
that would require not later than 30 days after the enactment
of this Act, the Secretary of State, in accordance with section
502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(c)), to submit to the appropriate congressional committees
a report on the protection of human rights within Saudi Arabia.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on intelligence community assessment relating to the killing of
Washington Post columnist Jamal Khashoggi (sec. 1277)
The House amendment contained a provision (sec. 1296)
that would require, not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence to submit a report to the appropriate
congressional committees detailing intelligence findings
regarding the October 2018 killing of Saudi columnist Jamal
Khashoggi.
The Senate bill contained no similar provision.
The Senate recedes.
United States-Israel cooperation to counter unmanned aerial systems
(sec. 1278)
The Senate bill contained a provision (sec. 1284) that
would authorize the Secretary of Defense to carry out joint
research, development, test, and evaluation to establish
capabilities for countering unmanned aerial systems (C-UAS)
that threaten the United States or Israel.
The House amendment contained no similar provision.
The House recedes.
Extension and modification of authority for United States-Israel anti-
tunnel cooperation activities (sec. 1279)
The Senate bill contained a provision (sec. 1283) that
would amend section 1279 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) to modify the
authority for United States-Israel anti-tunnel cooperation
activities. The provision would remove countering unmanned
aerial systems from the section 1279 authority. Elsewhere in
this Act, the committee recommends a provision that would
establish a separate authority for United States-Israel
cooperation regarding countering unmanned aerial systems. The
provision would also authorize the Secretary of Defense to use
amounts available under the section 1279 authority, which are
in excess of the amount contributed by the Government of
Israel, for costs associated with unique national requirements
identified by the United States with respect to anti-tunnel
capabilities.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
section 1279 authority through December 31, 2024.
Report on cost imposition strategy (sec. 1280)
The Senate bill contained a provision (sec. 1271) that
would require, not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense to submit to
the congressional defense committees a report describing the
cost imposition strategies of the Department of Defense with
respect to the People's Republic of China and the Russian
Federation.
The House amendment contained no similar provision.
The House recedes with an amendment that, among other
clarifying changes, would require the Secretary of Defense to
consult with the heads of other Federal departments and
agencies as appropriate in the preparation of the report.
Modification of initiative to support protection of national security
academic researchers from undue influence and other security
threats (sec. 1281)
The Senate bill contained a provision (sec. 1285) that
would amend section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
require the Secretary of Defense to develop a list of academic
institutions of the People's Republic of China and the Russian
Federation that are: (1) Associated with a defense program of
the People's Republic of China or the Russian Federation,
including any university heavily engaged in military research;
(2) Known to recruit individuals for the purpose of advancing
the talent and capabilities of such a defense program or to
provide misleading transcripts or otherwise attempt to conceal
the connections of an individual or institution to such a
defense program; or (3) Pose a serious risk of intangible
transfers of defense or engineering technology and research.
The Senate bill contained another provision (sec. 6219)
that would amend section 1286 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 to specify that
the training and support provided under such program shall
emphasize best practices for the protection of sensitive
national security information and include the dissemination of
unclassified publications and resources.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1)
Combine sections 1285 and 6219 with minor modifications; (2)
Amend section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 to require the Secretary
of Defense to establish enhanced information sharing procedures
to collect appropriate information on any personnel
participating in defense research and development activities
other than basic research and to maintain appropriate security
controls over research activities, technical information, and
intellectual property; and (3) Amend the required report in the
same section to be an annual report.
The conferees note the important impact that United
States academic institutions have had advancing emerging
technologies and contributing to the defense research
enterprise. Maintaining an open and collaborative environment
for unclassified basic and applied research is fundamental to
attracting the world's best students and commercializing their
innovations. The conferees, however, note the efforts
undertaken by foreign adversaries and competitors to exploit
the open academic environment through the theft of intellectual
property, improper technology transfer, and espionage.
The conferees encourage the Secretary of Defense to
establish a memorandum of understanding with the Secretary of
Homeland Security in order to coordinate the implementation of
the enhanced information sharing required in this provision.
The conferees note, that to greatest extent possible, the
Secretary of Defense should streamline information sharing
procedures and leverage existing government information systems
and repositories, including the Student Exchange Visitor
Information System, to reduce the burden on universities and
the Department of Defense.
Modification of responsibility for policy on civilian casualty matters
(sec. 1282)
The House amendment contained a provision (sec. 1268)
that would modify section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) and
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
relating to civilian casualty matters.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would amend
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
modify the responsibilities of the senior civilian official of
the Department of Defense designated to develop, coordinate,
and oversee compliance relating to civilian casualties. The
conferees direct the senior designated official to coordinate
with other relevant U.S. departments and agencies with respect
to any other matters related to civilian harm resulting from
military operations, including assistance provided to civilians
impacted or displaced by such operations.
Report on export of certain satellites to entities with certain
beneficial ownership status (sec. 1283)
The Senate bill contained a provision (sec. 6207) that
would require a report on addressing the threat posed by the
export, reexport, or in-country transfer of certain satellites
to certain entities.
The House amendment contained no similar provision.
The House recedes with a technical/clarifying amendment.
Rule of construction relating to use of military force (sec. 1284)
The House amendment contained a provision (sec. 1265)
that would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would establish
that nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force, including
the use of military force against Iran or any other country.
Reports and briefings on use of military force and support of partner
forces (sec. 1285)
The House amendment contained a provision (sec. 1270V)
that would require the President not later than 180 days after
the date of the enactment of this Act, and every 180 days
thereafter, to submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a
report on specific actions taken pursuant to the Authorization
for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 et
seq.) and support for partner forces against those nations or
organizations described in such law, during the preceding 180-
day period.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the President not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, to submit
to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a report on actions
taken pursuant to the Authorization for Use of Military Force
(Public Law 107-40) against those countries or organizations
described in such law, as well as any actions taken to command,
coordinate, participate in the movement of, or accompany the
regular or irregular military forces of any foreign country or
government when such forces are engaged in hostilities or in
situations where imminent involvement in hostilities is clearly
indicated by the circumstances, during the preceding 180-day
period.
LEGISLATIVE PROVISIONS NOT ADOPTED
Report on participants in security cooperation training programs and
recipients of security assistance training that have been
designated for human rights abuses or terrorist activities
The House amendment contained a provision (sec. 1205)
that would require, not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
appropriate Federal departments and agencies, to submit to the
appropriate congressional committees a report on individuals
and units of security forces of foreign countries that have
participated in security cooperation programs or received
security assistance training and have been subject to United
States sanctions relating to the violation or human rights or
terrorist activities. The Secretaries would also be required to
submit an annual update of the report.
The Senate bill contained no similar provision.
The House recedes.
The conferees note the importance of adherence to human
rights by recipients of Department of Defense (DOD) security
cooperation training. The conferees note that section 362 of
title 10, United States Code, prohibits DOD from providing
assistance to foreign security forces if there is credible
information that gross violations of human rights have been
committed. Among the key elements of the security cooperation
reforms contained in the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) were an increased
emphasis on the integration of human rights training into DOD
security cooperation programs and the strengthening of the
defense and security institutions of foreign partners in order
to more effectively and responsibly train, manage, and employ
their forces. The conferees note that DOD faces significant
challenges relating to its ability to comprehensively track
recipients of DOD security cooperation training in order to
identify those who may subsequently have committed gross
violations of human rights. The conferees understand that these
challenges arise in part from limitations in the Department's
ability to collect and maintain data on all individuals who
receive security cooperation training under title 10 chapter 16
authorities and in the ability to cross-reference such
information with that of other departments and agencies of the
United States government. The conferees are aware that the lack
of data would result in incomplete information on recipients of
security cooperation training that have been designated for
human rights abuses or terrorist activities.
Therefore, the conferees direct the Secretary of Defense
to provide a briefing to the Armed Services Committees of the
House of Representatives and the Senate not later than 30 days
after the date of enactment of this Act on the advisability and
feasibility of providing Congress with a report on recipients
of security cooperation training programs at the unit and
individual level that, after such training, go on to commit
gross violations of human rights. The briefing should identify
any challenges that DOD may encounter in such an effort as well
as recommendations for overcoming such challenges.
Prohibition on use of funds to transfer defense articles and services
to Azerbaijan
The House amendment contained a provision (sec. 1207)
that would prohibit the use of funds authorized by this Act or
otherwise made available to the Department of Defense for
fiscal year 2020 to transfer defense articles or services to
Azerbaijan unless the President certifies to Congress that the
transfer of such defense articles or services does not threaten
civil aviation.
The Senate bill contained no similar provision.
The House recedes.
The conferees are concerned by any threat or use of force
against civilians or actions against a nation's sovereignty,
which would be contrary to international law. The importance of
a diplomatic resolution of the Nagorno-Karabakh conflict is
addressed in another section of this report.
Multinational regional security education center
The House amendment contained a provision (sec. 1209)
that would require, not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense to provide
a briefing on the utility and feasibility of establishing a
multinational regional security education center.
The Senate bill contained no similar provision.
The House recedes.
Not later than 120 days after the date of the enactment
of this Act, the conferees direct the Secretary of Defense to
provide to the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate a briefing on the utility and
feasibility of establishing a multinational regional security
education center, including as a satellite entity of the Daniel
K. Inouye Asia-Pacific Center for Security Studies that is
located in a member country of the Association for Southeast
Asian Nations, to offer year-round training and educational
courses to Southeast Asian and Indo-Pacific civilian and
military security personnel to enhance engagement of
territorial and maritime security, transnational and asymmetric
threats, and defense sector governance in the Indo-Pacific
region. Training may also include English-language training,
human rights training, rule of law and legal studies, security
governance and institution-building courses, and budget and
procurement training.
The conferees direct the Secretary of Defense to provide
a written summary of the briefing to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate, within 30 days
following the briefing.
Training for participants in professional military education programs
The House amendment contained a provision (sec. 1210)
that would require any foreign person participating in
professional military education to participate in human rights
training.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that every year numerous students from
foreign militaries participate in professional military
education provided and funded by the United States. These
courses should be viewed as a valuable opportunity to foster an
appreciation of human rights and the rule of law. The conferees
are aware that foreign students in professional military
education programs participate in the Department of Defense
Field Studies Program, which includes instruction in human
rights and law of war, among other topics. The Secretary of
Defense is encouraged to continue providing human rights
training as a key component of professional military education.
Report on plan to transfer funds in connection with the provision of
support under section 385 of title 10, United States Code
The House amendment contained a provision (sec. 1210A)
that would require the Secretary of Defense to submit to the
appropriate congressional committees a report on Department of
Defense plans to transfer funds with the provision of support
under section 385 of title 10, United States Code, for fiscal
year 2020.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, Secretary
of State, and the Administrator of the U.S. Agency for
International Development to provide a briefing not later than
December 1, 2019 to the Armed Services Committees of the House
of Representatives and the Senate on any plans to use the
authority provided by section 385 of title 10, U.S. Code, in
fiscal year 2020. The briefing should also include a
description of any issues that may impede the use of such
authority.
Rule of construction relating to use of military force against Iran
The House amendment contained a provision (sec. 1225)
that would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force against Iran.
The Senate bill contained no similar provision.
The House recedes.
Sense of Congress on support for Ministry of Peshmerga Forces of the
Kurdistan Region of Iraq
The House amendment contained a provision (sec. 1226)
stating that it was the sense of Congress that the Ministry of
Peshmerga forces of the Kurdistan Region of Iraq had made
significant contributions and sacrifices in the United States-
led campaign to degrade, dismantle, and destroy ISIS, and that
the Department of Defense and Department of State should
continue to work with and support the non-partisan forces of
the Ministry of Peshmerga of the Kurdistan Region of Iraq in
order to continue to develop their capabilities, promote
security sector reforms, and enhance sustainability and
interoperability with the other elements of the Iraqi security
forces in order to provide for Iraq's lasting security against
terrorist threats.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the United States-led coalition
known as the Combined Joint Task Force-Operation Inherent
Resolve (CJTF-OIR) in partnership with the Iraqi Security
Forces (ISF), including the Kurdish Peshmerga, successfully
liberated significant Iraqi territory from the control of the
Islamic State of Iraq and Syria (ISIS). While the conferees
applaud this significant achievement, they also express concern
that ISIS continues to pose a significant threat to Iraq, the
region, and potentially the U.S. homeland.
According to the August 2019 Lead Inspector General
report for OIR, CJTF-OIR noted ``deep-seated internal Kurdish
political divisions and the Kurds' continuing dispute with
Iraq's central government over a swath of disputed territory in
northern Iraq rich in resources have allowed ISIS insurgents to
exploit gaps between ISF and Peshmerga forces, which allows
ISIS to regroup and plan attacks in the region.'' Furthermore,
the Lead Inspector General report for OIR stated ``that the ISF
and the Peshmerga has made progress this quarter in ongoing
planning of `joint security mechanisms'--coordination to
effectively combat ISIS in the disputed territories. However,
on-the-ground cooperation between the ISF and the Peshmerga
remained limited and security gaps remained.'' The conferees
believe a lasting defeat of ISIS is critical to maintaining a
stable and tolerant Iraq in which all faiths, sects, and
ethnicities are afforded equal protection and full integration
into the government and society of Iraq and support the
provision of U.S. security and other assistance for such
purposes. As part of those efforts, the conferees support
continued reform of, and materiel and training assistance to,
Kurdish Peshmerga forces with the objective of enabling them to
more effectively partner with the ISF, the United States, and
other international partners. In furtherance of those
objectives, the conferees believe continued efforts by the
Peshmerga and ISF to establish joint security mechanisms are
critical to addressing the threat of ISIS in disputed
territories.
The conferees strongly support continuation of the
partnership between the U.S. military and ISF, including the
Kurdish Peshmerga in furtherance of our shared interests. In
the coming years, the conferees encourage the Department to
normalize its support to the Peshmerga by focusing assistance
on the reform and professionalization at the ministerial and
unit level and the development of capabilities and
interoperability with other ISF elements that contribute to the
long-term stability of Iraq.
Sense of Congress on supporting the return and repatriation of
religious and ethnic minorities in Iraq to their ancestral
homelands
The House amendment contained a provision (sec. 1227)
that expressed the sense of Congress that it should remain a
policy priority of the United States to support the safe return
of displaced indigenous people of the Nineveh Plan and Sinjar
to their ancestral homeland and that it should be a priority to
ensure reintegration and restoration of fundamental human
rights.
The Senate bill contained no similar provision.
The House recedes.
Prohibition of unauthorized military force in or against Iran
The House amendment contained a provision (sec. 1229)
that would prohibit the use of Federal funds for any use of
military force in or against Iran unless Congress has declared
war or enacted a specific statutory authorization.
The Senate bill contained no similar provision.
The House recedes.
Report on Russian military involvement in the AFRICOM AOR
The House amendment contained a provision (sec. 1240)
that would require the Secretary of Defense, in coordination
with the Secretary of State, not later than 120 days after the
date of enactment of this Act to provide a report to the
appropriate congressional committees on military assistance
provided by the Russian Federation or any private military
corporations headquartered or registered in Russia to countries
in the U.S. Africa Command area of responsibility (AOR).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
a briefing to the Armed Services Committees of the House of
Representatives and the Senate not later than 120 days after
the date of enactment of this Act on the presence, activities,
and strategic objectives of the Russian Federation in Africa.
The briefing shall address, at a minimum, the following:
1) A description of the presence, activities, and
strategic objectives of the Russian Federation in Africa.
2) A description of all known bilateral agreements
between Russia and African governments negotiated since 2014,
including military and technical cooperation, arms sales, and
mineral exploration.
3) An analysis of any direct or indirect military support
Russia or private military corporations based in Russia are
providing to state and non-state armed groups in Africa,
including a description of the types of support.
4) A description of arms sales within the previous
calendar year by the Russian defense sector to African
countries, and an analysis of whether any of such arms sales
constitute significant transactions within the meaning of
section 231 of the Countering America's Adversaries Through
Sanctions Act of 2017 (22 U.S.C. 9525).
5) An analysis of the extent to which such arms sales may
be in violation of United Nations Security Council-imposed arms
embargoes in Africa, including with regard to South Sudan, the
Democratic Republic of Congo, and the Central African Republic.
6) An analysis of Russian disinformation and propaganda
operations in African countries, and the extent to which such
operations pose a risk to United States interests in Africa.
7) A description of any plans to counteract destabilizing
Russian activities in Africa.
8) Any other matters the Secretary deems relevant.
United States actions relating to Russian interference in elections for
Federal office
The House amendment contained a provision (sec. 1240B)
that would impose a prohibition on transactions relating to new
Russian sovereign debt, require a determination of Russian
interference in elections for Federal office, and create
procedures for lifting and reimposing the prohibition.
The Senate bill contained no similar provision.
The House recedes.
Extension and modification of report on military and security
developments involving North Korea
The House amendment contained a provision (sec. 1242)
that would amend section 1236 of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81) to
extend and modify the requirement to provide a report on the
military and security developments involving the Democratic
People's Republic of Korea.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that Congress's ability to evaluate
the security threat posed by North Korea and to conduct
oversight of United States policy toward North Korea has been
impaired by a lack of transparency and associated delays in
providing information necessary for such oversight. For
example, the report to Congress on the status of North Korea's
nuclear program to establish a baseline of progress for
negotiations with respect to denuclearization as required by
section 1265 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) was
recently submitted over 300 days late. The conferees reiterate
support for diplomatic efforts to achieve the denuclearization
of North Korea. The conferees urge the Administration to review
its policies related to North Korea to ensure they are
consistent with a priority on open and timely communication
with the Congress.
Report by Defense Intelligence Agency on certain military capabilities
of China and Russia
The House amendment contained a provision (sec. 1250F)
that would require the Director of the Defense Intelligence
Agency to submit to the Secretary of Defense and the
appropriate congressional committees a report on the military
capabilities of China and Russia.
The Senate bill contained no similar provision.
The House recedes.
Not later than 180 days after the enactment of this Act,
the conferees direct the Director of the Defense Intelligence
Agency to provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing concerning
the military capabilities of China and Russia, including: (1)
an update on the presence, status, and capability of the
military with respect to any national training centers similar
to the Combat Training Center Program of the United States; (2)
an analysis of a readiness deployment cycle of the military,
including as compared to such a cycle of the United States and
an identification of metrics used in the national training
centers of that military; (3) a comprehensive investigation
into the capability and readiness of the mechanized logistics
of the army of the military, including an analysis of field
maintenance, sustainment maintenance, movement control,
intermodal operations, and supply, and how such functions
interact with specific echelons of that military; and (4) an
assessment of the future of mechanized army logistics of the
military.
Modification of report relating to enhancing defense and security
cooperation with India
The House amendment contained two provisions (sec. 1250
and sec. 1250I) concerning defense and security cooperation
with India.
The Senate bill contained no similar provision.
The House recedes.
In addition to regular briefings and reports on U.S.-
India defense relations, the conferees direct the Department of
Defense to provide a briefing to the congressional defense
committees on U.S.-India defense cooperation in the Western
Indian Ocean no later than March 1, 2020. Topics to be covered
in the briefing shall include: (1) a description of military
activities of the United States and India, separately, in the
Western Indian Ocean; (2) a description of military cooperation
activities between the United States and India in the Western
Indian Ocean; (3) a description of how the relevant geographic
combatant commands coordinate their activities with the Indian
military in the Western Indian Ocean and the mechanisms in
place to ensure such cooperation is maximized; (4) a
description of how the major defense partnership with India
will be utilized to enhance cooperation in the Western Indian
Ocean; and (5) areas of future opportunity to increase military
engagement with India in the Western Indian Ocean.
Sense of Congress on the enduring United States commitment to the
Freely Associated States
The House amendment contained a provision (sec. 1250E)
that would express the sense of the Congress concerning the
enduring commitment of the United States to the Freely
Associated States.
The Senate bill contained no similar provision.
The House recedes.
The conferees recognize that the United States has strong
and enduring interests in the security and prosperity of
Oceania and the Western Pacific region, including close
relationships with the countries of Palau, the Marshall
Islands, and the Federated States of Micronesia, with whom the
United States shares Compacts of Free Association. The United
States and the Freely Associated States share values including
democracy and human rights, as well as mutual interest in a
free, open, and prosperous Indo-Pacific region. Therefore, the
conferees believe the United States should expeditiously begin
negotiations on the renewal of the Compacts of Free Association
and conclude such negotiations prior to the expiration of the
current compacts in 2023 and 2024.
Sense of Congress on United States-India defense relationship
The House amendment contained a provision (sec. 1250H)
that would express the sense of the Congress on the United
States-India defense relationship.
The Senate bill contained no similar provision.
The House recedes.
Report on value of investments in dual use infrastructure projects by
NATO member states
The House amendment contained a provision (sec. 1256)
that would require the Secretary of Defense to submit a report,
not later than June 1, 2020, on the value of investments in
dual use infrastructure projects by the member states of the
North Atlantic Treaty Organization.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on the United States-Japan alliance and defense
cooperation
The Senate bill contained a provision (sec. 1256) that
would express the sense of the Senate concerning the United
States-Japan alliance and opportunities for enhancing defense
cooperation.
The House amendment contained no similar provision.
The Senate recedes.
The conferees underscore that the United States-Japan
alliance remains the cornerstone of peace and security for a
free and open Indo-Pacific region. The conferees also recognize
that the Government of Japan has made among the most
significant ``burden sharing'' contributions of any United
States ally, including through direct cost sharing, paying for
the realignment of United States forces currently stationed in
Okinawa, community support, and other alliance-related
expenditures.
European Center of Excellence for Countering Hybrid Threats
The House amendment contained a provision (sec. 1258)
that would require the Secretary of Defense to provide $2.0
million for the European Center of Excellence for Countering
Hybrid Threats.
The Senate bill contained no similar provision.
The House recedes.
The conferees strongly support the efforts of the
European Center of Excellence for Countering Hybrid Threats
(henceforth referred to as ``the Center''), and encourage the
Department of Defense to cooperate fully and actively with the
Center. The conferees note that the Center could play an
important role in addressing the strategic challenge described
by the National Defense Strategy: revisionist powers and rogue
regimes increasing ``efforts short of armed conflict by
expanding coercion to new fronts, violating principles of
sovereignty, exploiting ambiguity, and deliberately blurring
the lines between civil and military goals.'' The conferees
also anticipate the Center serving as a unique forum to address
the common concerns of transatlantic democracies and as a
hallmark of cooperation between the North Atlantic Treaty
Organization and the European Union.
To better understand the full scope of capability and
impact the Center could have to further the strategic and
operational objectives of the Department of Defense, the
conferees direct the Department of Defense to provide the
Committees on Armed Services of the Senate and House of
Representatives a briefing, no later than 60 days after the
enactment of this Act, on the Center, including the following
components: the strategic vision for the Center, associated
resources and manpower, planned or current activities, and
intended engagement strategy of the Department with the Center.
Sense of Senate on United States-India defense relationship
The Senate bill contained a provision (sec. 1258) that
would express the sense of the Senate on the United States-
India defense relationship.
The House amendment contained no similar provision.
The Senate recedes.
Sense of Congress on European investments in national security
The House amendment contained a provision (sec. 1259)
that would express the sense of Congress that the North
Atlantic Treaty Organization (NATO) is central to United
States-European defense matters and that military cooperation
and coordination in Europe among NATO member countries should
complement NATO efforts and not detract from NATO military
system interoperability and burden sharing among NATO allies.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the importance of NATO is
addressed elsewhere in this report.
Briefing on Department of Defense program to protect United States
students against foreign assets
The House amendment contained a provision (sec. 1260)
that would require the Secretary of Defense to provide a
briefing to the congressional defense committees on the program
to protect United States students against recruitment efforts
by foreign intelligence agents as described in section 1277 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to provide
a briefing to update the Committees on Armed Services of the
Senate and the House no later than March 15, 2019 on the status
of the program required in section 1277 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2018,
including an assessment of whether the program is beneficial to
students interning, working part time, or in a program that
will result in post-graduation employment with the Department
of Defense components or contractors.
Sense of Senate on enhanced cooperation with Pacific Island countries
to establish open-source intelligence fusion centers in the
Indo-Pacific region
The Senate bill contained two provisions (sec. 1260 and
sec. 6202) that would express the sense of the Senate that U.S.
Indo-Pacific Command should pursue the establishment of one or
more open-source intelligence fusion centers in the Indo-
Pacific region to enhance cooperation with Pacific Island
countries.
The House amendment contained no similar provision.
The Senate recedes.
Limitation on availability of certain funds until report submitted on
Department of Defense awards and disciplinary action as a
result of the 2017 incident in Niger
The House amendment contained a provision (sec. 1263)
that would prohibit the use of more than 80 percent of any
funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for Operations and
Maintenance, Defense-Wide, Office of the Secretary of Defense,
for Travel of Persons, until the Secretary of Defense submits a
report containing a description of each award and disciplinary
action issued, by rank, as a result of the AR 15-6
investigation findings relating to the incident in Niger on
October 4, 2017.
The Senate bill contained no similar provision.
The House recedes.
The conferees have serious concerns about the executive
branch's handling of the ambush in Niger that occurred on
October 4, 2017, which led to the death of four U.S.
servicemembers. These concerns include the Department of
Defense's repeated delays in providing to Congress the report
on the investigation into the incident as well as information
on the disciplinary actions issued in connection with the
incident. The executive branch has a duty to conduct itself
with candor and it must act in a way that is transparent and
responsive to congressional oversight.
Therefore, the conferees direct the Secretary of Defense
to submit to the Armed Services Committees of the House of
Representatives and the Senate not later than January 15, 2020
a report containing a description of each disciplinary action
issued by rank as a result of the AR 15-6 investigation
findings relating to the incident in Niger on October 4, 2017.
The report shall be submitted in a format that protects
personally identifiable information and is consistent with
national security.
Rule of construction relating to use of military force against
Venezuela
The House amendment contained a provision (sec. 1266)
that would establish that nothing in this Act or any amendment
made by this Act may be construed to authorize the use of
military force against Venezuela.
The Senate bill contained no similar provision.
The House recedes.
Restriction on emergency authority relating to arms sales under the
Arms Export Control Act
The House amendment contained a provision (sec. 1270)
that would amend section 36 of the Arms Export Control Act (22
U.S.C. 2776) by modifying a restriction on emergency authority
requiring the President to consult with appropriate
congressional committees not later than 3 days after the
determination and submit further certifications to Congress.
The modifications would also require the delivery of defense
articles within 90 days of the issuance of the emergency
determination and the submittal of a report to Congress not
later than 30 days after the delivery of defense articles.
Further, the waiver of congressional review would not apply to
begin manufacturing or co-production of articles outside the
United States.
The Senate bill contained no similar provision.
The House recedes.
Report on annual defense spending by ally and partner countries
The Senate bill contained a provision (sec. 1240) that
would require the Secretary of Defense to submit to certain
congressional committees a report containing a summary of the
key findings of the annual report of the Secretary General of
the North Atlantic Treaty Organization (NATO) as well as
assessments of various elements of burden-sharing and defense
cooperation with and among NATO allies.
The House amendment contained a similar provision (sec.
1270A) that would require the Secretary of Defense to submit a
report concerning defense spending by each mutual defense
treaty ally and major non-NATO ally of the United States, as
well as other matters.
These legislative provisions were not adopted.
Not later than 60 days after the date on which the next
annual report of the Secretary General of the North Atlantic
Treaty Organization (NATO) for the preceding calendar year is
published, the conferees direct the Secretary of Defense to
submit to the Committee on Armed Services and the Committee on
Foreign Relations of the Senate, and to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives, a report that includes the following: (1) an
assessment, incorporating the key findings of the such annual
report of the Secretary General of NATO, of progress toward
meeting the Defense Investment Pledge made at the 2014 NATO
summit in Wales by member countries of the North Atlantic
Treaty Organization; a description of the personnel and
financial contributions of each member country of NATO to NATO
missions; and a description of NATO initiatives to accelerate
the speed of decision, ensure viable military reinforcement,
and to support the deployability of North Atlantic Treaty
Organization forces. The conferees direct that the report be
submitted in an unclassified form, but may include a classified
annex.
The conferees note that the contributions of United
States allies to collective defense and shared security are
critical. The conferees note that reports relating to ally and
partner ``burden-sharing'' contributions are addressed
elsewhere in this report.
Reports on contributions to the North Atlantic Treaty Organization
The Senate bill contained a provision (sec. 1240) that
would require the Secretary of Defense to submit to certain
congressional committees a report containing a summary of the
key findings of the annual report of the Secretary General of
the North Atlantic Treaty Organization (NATO) as well as
assessments of various elements of burden-sharing and defense
cooperation with and among NATO allies.
The House amendment contained a similar provision (sec.
1270A) that would require the Secretary of Defense to submit a
report concerning defense spending by each mutual defense
treaty ally and major non-NATO ally of the United States, as
well as other matters.
These legislative provisions were not adopted.
Not later than 60 days after the date on which the next
annual report of the Secretary General of the North Atlantic
Treaty Organization (NATO) for the preceding calendar year is
published, the conferees direct the Secretary of Defense to
submit to the Committee on Armed Services and the Committee on
Foreign Relations of the Senate, and to the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives, a report that includes the following: (1) an
assessment, incorporating the key findings of the such annual
report of the Secretary General of NATO, of progress toward
meeting the Defense Investment Pledge made at the 2014 NATO
summit in Wales by member countries of the North Atlantic
Treaty Organization; a description of the personnel and
financial contributions of each member country of NATO to NATO
missions; and a description of NATO initiatives to accelerate
the speed of decision, ensure viable military reinforcement,
and to support the deployability of North Atlantic Treaty
Organization forces. The conferees direct that the report be
submitted in an unclassified form, but may include a classified
annex.
The conferees note that the contributions of United
States allies to collective defense and shared security are
critical. The conferees note that reports relating to ally and
partner ``burden-sharing'' contributions are addressed
elsewhere in this report.
Sense of Congress on the United States-Israel relationship
The House amendment contained a provision (sec. 1270B)
that would express the sense of Congress that Israel has been
one of the United States' strongest friends and allies, that
the United States should continue to offer full security
assistance and related support to Israel, and that such
assistance and support is vital as Israel confronts a number of
potential challenges, including threats from Iran.
The Senate contained no similar provision.
The House recedes.
The conferees strongly support the enduring strategic
partnership between the United States and Israel, which is
based on common democratic values and seven decades of strong
cooperation. Furthermore, the conferees believe close defense
cooperation between the two countries remains a critical
component of this partnership given shared security challenges.
Sense of Congress on stability of the Caucasus region and the
continuation of the Nagorno Karabakh cease-fire
The House amendment contained a provision (sec. 1270C)
that would express the sense of Congress regarding methods to
advance United States interests in the stability of the
Caucasus region and the continuation of the Nagorno Karabakh
cease-fire.
The Senate bill contained no similar provision.
The House recedes.
The conferees underscore the importance of preventing
further violence and making progress toward a peaceful
resolution of the Nagorno-Karabakh conflict.
Limitation on use of funds from the Special Defense Acquisition Fund
The House amendment contained a provision (sec. 1270F)
that would amend section 114(c) of title 10, United States
Code, to prohibit the use of funds made available from the
Special Defense Acquisition Fund for any fiscal year to provide
any assistance to Saudi Arabia or the United Arab Emirates if
such assistance could be used by either country to conduct or
continue hostilities in Yemen.
The Senate bill contained no similar provision.
The House recedes.
Prohibition on the use of emergency authorities for the sale or
transfer of defense articles and services to Saudi Arabia and
the United Arab Emirates
The House amendment contained a provision (sec. 1270G)
that would prohibit the use of funds authorized to be
appropriated or otherwise made available by this or any other
Act to process a commercial or foreign military sale, or to
transfer, deliver, or facilitate the transfer or delivery, of
any defense article or service to Saudi Arabia or the United
Arab Emirates pursuant to any certification of emergency
circumstances submitted in accordance with section 36(b) of the
Armed Export Control Act (22 U.S.C. 2776(b)).
The Senate bill contained no similar provision.
The House recedes.
Prohibition on support for military participation against the Houthis
The House amendment contained a provision (sec. 1270H)
that would prohibit the use of funds authorized or otherwise
made available by this Act to provide intelligence for the
purpose of strikes or logistical support for coalition strikes
to the Saudi-led coalitions operations against the Houthis in
Yemen.
The Senate bill contained no similar provision.
The House recedes.
Report on efforts to combat Boko Haram in Nigeria and the Lake Chad
Basin
The House amendment contained a provision (sec. 1270L)
that expresses the sense of Congress on Boko Haram and would
require, not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense, the Secretary of State,
and the Attorney General to jointly submit to Congress a report
on efforts to combat Boko Haram in Nigeria and the Lake Chad
Basin.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense and the
Secretary of State not later than 90 days after the date of
enactment of this Act to provide a joint briefing to the Armed
Services Committees of the House of Representatives and the
Senate on the initiatives undertaken by the Department of
Defense (DoD) and the Department of State (DoS) to assist the
Government of Nigeria and countries in the Lake Chad Basin to
develop capabilities to combat Boko Haram, the Islamic State in
West Africa, and other terrorist organizations that threaten
regional security. The briefing shall also include a
description of any activities by DoD and DoS to enhance the
capacity of Nigeria and countries in the Lake Chad Basin to
investigate and prosecute human rights abuses as well as
promote respect for the rule of law.
Sense of Congress relating to Mongolia
The House amendment contained a provision (sec. 1270P)
that would express the sense of the Congress that the United
States and Mongolia have a shared interest in supporting and
preserving Mongolia's democracy, including Mongolia's ability
to pursue an independent foreign policy, defend against threats
to its sovereignty, and maintain territorial integrity.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that defense cooperation, a strong
military-to-military relationship, and increased
interoperability between the United States and Mongolia are in
the interest of both countries, and the United States should
continue to take steps to strengthen its security partnership
with Mongolia.
Report on relationship between Lebanese armed forces and Hizballah
The House amendment contained a provision (sec. 1270Q)
that would require, not later than 90 days after the enactment
of this Act, the President to submit a report identifying
personnel with influence over the Lebanese Armed Forces who are
influenced by Hizballah and describing military activities
conducted by the Lebanese Armed Forces to disarm Hizballah.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees within 180 days
after the date of the enactment of this Act that, at a minimum,
assesses whether Hizballah exerts influence over the Lebanese
Armed Forces, describes the nature of the Lebanese Armed
Forces' communication and interaction with Hizballah, details
U.S. and other international efforts to build the capacity of
the Lebanese Armed Forces to provide for the security and
stability of Lebanon, and outlines efforts by the Lebanese
Armed Forces to maintain accountability for U.S.-provided
equipment. The report may contain a classified annex if
necessary.
Imposition of sanctions relating to Central America
The House amendment contained a provision (sec. 1270R)
that would require, not later than 180 days after the date of
the enactment of this Act, the President to impose sanctions on
individuals listed in the reports provided to Congress pursuant
to section 1287 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 114-232) and
section 7019(d) of the Department of State, Foreign Operations,
and Relative Programs Appropriations Act, 2019.
The Senate bill contained no similar provision.
The House recedes.
Report on hostilities involving United States Armed Forces
The House amendment contained a provision (sec. 1270U)
that would require the President to report to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives within 48 hours any incident in which United
States Armed Forces are involved in an attack or hostilities,
including in an offensive or defensive capacity, except in
specified circumstances.
The Senate bill contained no similar provision.
The House recedes.
Repeal of Authorization for the Use of Military Force
The House amendment contained a provision (sec. 1270W)
that would repeal the Authorization for Use of Military Force
Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C.
1541 note).
The Senate bill contained no similar provision.
The House recedes.
Short title
The House amendment contained a provision (sec. 1281)
that would allow Subtitle I to be cited as the ``Return
Expenses Paid and Yielded Act'' or ``REPAY Act.''
The Senate bill contained no similar provision.
The House recedes.
Modification of certification and report requirements relating to sales
of major defense equipment with respect to which nonrecurring
costs of research, development, and production are waived or
reduced under the Arms Export Control Act
The House amendment contained a provision (sec. 1282)
that would amend the Arms Export Control Act (22 U.S.C.
2776(b)) to modify certification and report requirements
relating to sales of major defense equipment with respect to
which nonrecurring costs of research, development, and
production are waived or reduced.
The Senate bill contained no similar provision.
The House recedes.
Review and report on use and management of administrative surcharges
under the foreign military sales program
The House amendment contained a provision (sec. 1283)
that would require the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, to review
options for expanding the use of administrative surcharges
under the foreign military sales program. The provision would
also require, not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Director of the Defense Security Cooperation Agency, submit
a report on the findings of the review and any legislative
changes needed.
The Senate bill contained no similar provision.
The House recedes.
Performance measures to monitor foreign military sales program
The House amendment contained a provision (sec. 1284)
that would direct the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency (DSCA) and
in consultation with the heads of other relevant components of
the Department of Defense (DOD), to enhance the ability of the
DOD to monitor the foreign military sales program. The
provision would also require, not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Director of the DSCA, to submit a report on
plans to enhance the ability of DOD to monitor foreign military
sales program performance. The provision would then direct the
Comptroller General to provide a briefing on that report within
180 days of its submission.
The Senate bill contained no similar provision.
The House recedes.
Report and briefing on administrative budgeting of foreign military
sales program
The House amendment contained a provision (sec. 1285)
that would require, not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States to brief the congressional defense committees and
submit a report on the methodology used by the Department of
Defense to determine future-year needs for administrative
surcharges under the foreign military sales program.
The Senate bill contained no similar provision.
The House recedes.
Training program for relevant officials and staff of the Defense
Security Cooperation Agency
The House amendment contained a provision (sec. 1286)
that would direct the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, to
establish and implement a training program for specified
officials and staff related to the foreign military sales
program.
The Senate bill contained no similar provision.
The House recedes.
Definitions
The House amendment contained a provision (sec. 1287)
that would provide definitions.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on security concerns with respect to leasing
arrangements for the Port of Haifa in Israel
The Senate bill contained a provision (sec. 1289) that
would express the sense of the Senate that the United States
has an interest in the future forward presence of United States
naval vessels at the Port of Haifa in Israel but has serious
security concerns with respect to current the leasing
arrangements of the Port of Haifa. Therefore, the provision
would express the view that the United States should urge the
Government of Israel to consider the security implications of
foreign investment in Israel.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the United States has an interest
in the continued presence of United States naval vessels in the
Eastern Mediterranean region, including United States naval
vessels continuing to make port calls in Israel. The conferees
believe the United States should convey to the Government of
Israel the serious security concerns with respect to the
leasing arrangements of the Port of Haifa, and urge
consideration of the security implications of such foreign
investment in Israel.
Matters relating to Burma
The House amendment contained multiple provisions (secs.
1291-1295) that would, among other things: prohibit security
assistance or security cooperation with Burma until the
Secretary of State certifies that the military and security
forces of Burma have demonstrated significant progress in
abiding by international human rights standards and are
undertaking meaningful and significant security sector reform,
including reforms that enhance transparency and accountability,
to prevent future abuses; require mandatory sanctions against
human rights abusers in Burma; provide private sector guidance
related to Burma's mining sector; and require a report and a
determination whether events that took place in the Rakhine
State starting in August 2017 constitute ethnic cleansing,
crimes against humanity, or genocide.
The Senate bill contained no similar provisions.
The House recedes.
Sanctions with respect to foreign persons that engage in activities
described in section 1281(a)(2)
The House amendment contained a provision (sec. 1296A)
that would require that, not later than 120 days after the date
of the enactment of this Act, sanctions be imposed with respect
to each foreign person listed in the report described in
section 1281(a)(2) of the House-passed bill.
The Senate bill contained no similar provision.
The House recedes.
Stop Financing of Al-Shabaab Act
The House amendment contained two provisions (sec. 1297
and sec. 1297A) that would express a sense of Congress and a
statement of policy regarding measures to combat illicit
trafficking that finances al-Shabaab. The House amendment also
contained a provision (sec. 1297B) that would require a report
on illicit trafficking in Somalia.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Horn of Africa region remains
integral to United States interests in Africa and the Indian
Ocean region. The conferees direct the Secretary of Defense, in
consultation with the Secretary of State, to submit a report no
later than 90 days after the date of enactment of this Act to
the Armed Services Committees of the House of Representatives
and the Senate on efforts to combat illicit trafficking that
finances al-Shabaab. The report shall include an overview of
illicit trafficking in the Horn of Africa region; a description
of al-Shabaab's sources of income; a description of past,
current, and planned efforts by the United States and regional
partners to combat illicit trafficking that finances al-
Shabaab; and, any other matters the Secretary determines
appropriate.
Report on contracts with entities affiliated with the Government of the
People's Republic of China or the Chinese Communist Party
The Senate bill contained a provision (sec. 5801) that
would require a report concerning Department of Defense
contracts with companies or business entities that are owned or
operated by, or affiliated with, the Government of the People's
Republic of China or the Chinese Communist Party.
The House amendment contained no similar provision.
The Senate recedes.
Not later than 180 days after the date of the enactment
of this Act, the conferees direct the Secretary of Defense to
submit to the congressional defense committees a report
describing all Department of Defense contracts with companies
or business entities that are owned or operated by, or
affiliated with, the Government of the People's Republic of
China or the Chinese Communist Party.
United States-India defense cooperation in the Western Indian Ocean
The Senate bill contained a provision (sec. 6205)
concerning United States-India defense cooperation in the
Western Indian Ocean.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note this matter is addressed elsewhere in
this report.
Sense of Congress on Hong Kong port visits
The Senate bill contained a provision (sec. 6208) that
would express the sense of the Congress that the Department of
Defense should continue to make regular requests to the
Government of the People's Republic of China for the Navy to
conduct port calls to Hong Kong, including United States
aircraft carrier visits.
The House amendment contained no similar provision.
The Senate recedes.
Implementation of the Asia Reassurance Initiative Act with regard to
Taiwan arms sales
The Senate bill contained a provision (sec. 6212) that
would, among other things,express the sense of the Congress
that the United States should fully implement the provisions of
the Asia Reassurance Initiative Act of 2018 (Public Law 115-
409) with regard to regular defensive arms sales to Taiwan.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the matter of arms sales to
Taiwan is addressed elsewhere in this report.
Title XIII--Cooperative Threat Reduction
Funding allocations; specification of cooperative threat reduction
funds (sec. 1301)
The Senate bill contained a provision (sec. 1301) that
would authorize $338.7 million for the Cooperative Threat
Reduction (CTR) program, define the funds as authorized to be
appropriated in section 301 of this Act, and authorize CTR
funds to be available for obligation for fiscal years 2020,
2021, and 2022.
The House amendment contained similar provisions (secs.
1301 and 1302).
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Funding for cooperative biological engagement program
The House amendment contained a provision (sec. 1303)
that would increase funding for the cooperative biological
engagement by $20.0 million by taking a reduction from Defense-
wide Advanced Innovative Technologies funding.
The Senate bill contained no similar provision.
The House recedes.
Cooperative Threat Reduction Program enhancement
The House amendment contained a provision (sec. 1304)
that would require the Secretary of Defense, in coordination
with the Secretary of State, to submit a report on the
Cooperative Threat Reduction Program.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense, in
coordination with the Secretary of State, to submit a report on
the Cooperative Threat Reduction Program to the congressional
defense committees, the Committee on Foreign Relations of the
Senate, and the Committee on Foreign Affairs of the House of
Representatives not later than 180 days after the date of the
enactment of this Act. The report should include
recommendations to improve the implementation of the program.
Title XIV--Other Authorizations
Subtitle A--Military Programs
Working capital funds (sec. 1401)
The Senate bill contained a provision (sec. 1401) that
would authorize appropriations for Defense Working Capital
Funds at the levels identified in section 4501 of division D of
this Act.
The House amendment contained an identical provision
(sec. 1401).
The conference agreement includes this provision.
Chemical agents and munitions destruction, defense (sec. 1402)
The Senate bill contained a provision (sec. 1402) that
would authorize appropriations for Chemical Agents and
Munitions Destruction, Defense at the levels identified in
section 4501 of division D of this Act.
The House amendment contained an identical provision
(sec. 1402).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide (sec. 1403)
The Senate bill contained a provision (sec. 1403) that
would authorize appropriations for Drug Interdiction and
Counter-Drug Activities, Defense-wide at the levels identified
in section 4501 of division D of this Act.
The House amendment contained an identical provision
(sec. 1403).
The conference agreement includes this provision.
Defense inspector general (sec. 1404)
The Senate bill contained a provision (sec. 1404) that
would authorize appropriations for the Office of the Inspector
General at the levels identified in section 4501 of division D
of this Act.
The House amendment contained an identical provision
(sec. 1404).
The conference agreement includes this provision.
Defense health program (sec. 1405)
The Senate bill contained a provision (sec. 1405) that
would authorize appropriations for the Defense Health Program
at the levels identified in section 4501 of division D of this
Act.
The House amendment contained a similar provision (sec.
1405).
The Senate recedes.
Subtitle B--Other Matters
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. 1411)
The Senate bill contained a provision (sec. 1431) that
would authorize the Secretary of Defense to transfer $127.0
million from the Defense Health Program to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund, established by section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84), for the operation of the Captain James A. Lovell Federal
Health Care Center.
The House amendment contained a similar provision (sec.
1411).
The House recedes.
Authorization of appropriations for Armed Forces Retirement Home (sec.
1412)
The Senate bill contained a provision (sec. 1421) that
would authorize an appropriation of $64.3 million from the
Armed Forces Retirement Home Trust Fund for fiscal year 2020
for the operation of the Armed Forces Retirement Home.
The House amendment contained an identical provision
(sec. 1412).
The conference agreement includes this provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
National Defense Sealift Fund
The House amendment contained a provision (sec. 1406)
that would authorize appropriations for the National Defense
Sealift Fund.
The Senate bill contained no similar provision.
The House recedes.
Expansion of eligibility for residence at the Armed Forces Retirement
Home
The Senate bill contained a provision (sec. 1422) that
would amend section 1512(a) of the Armed Forces Retirement Home
Act of 1991 (24 U.S.C. 412(a)) to: (1) Expand eligibility to
retired veterans under age 60 and retired members of the
National Guard and Reserves (NGR); and (2) Provide parity of
fees for veterans eligible for active military service and
those newly eligible through NGR service by requiring the
income used for fee determination for an NGR-eligible resident
to be not less than an Active-Duty resident's military
retirement pay at the same grade and length of service. The
provision would also amend section 1514(c) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 414(c)) to provide
parity for monthly withholding from pay of NGR members and
Active-Duty members by applying the withholding across the
total force, as well as requiring newly eligible NGR residents
to pay a fee upon admission for years prior to the date of the
enactment of this Act when the withholding was not taken from
pay.
The Senate bill contained a provision (sec. 6422) that
would cause section 1422 and its amendments to have no force or
effect.
The House amendment contained no similar provisions.
The Senate recedes.
Title XV--Authorization of Additional Appropriations for Overseas
Contingency Operations
Purpose (sec. 1501)
The Senate bill contained a provision (sec. 1501) that
would establish the purpose of this title and make
authorization of appropriations available upon enactment of
this Act for the Department of Defense, in addition to amounts
otherwise authorized in this Act, to provide for additional
authorization of funds due to overseas contingency operations
and other additional funding requirements.
The House amendment contained an identical provision
(sec. 1501).
The conference agreement includes this provision with a
clarifying amendment.
Treatment as additional authorizations (sec. 1502)
The Senate bill contained a provision (sec. 1521) that
would state that amounts authorized to be appropriated by this
title are in addition to amounts otherwise authorized to be
appropriated by this Act.
The House amendment contained an identical provision
(sec. 1511).
The conference agreement includes this provision.
Subtitle A--Authorization of Appropriations for Overseas Contigency
Operations
Overseas contingency operations (sec. 1511)
The Senate bill contained a provision (sec. 1502) that
would designate authorization of appropriations in this section
as Overseas Contingency Operations.
The House amendment contained no similar provision.
The House recedes.
Procurement (sec. 1512)
The Senate bill contained a provision (sec. 1503) that
would authorize additional appropriations for procurement at
the levels identified in section 4102 of division D of this
Act.
The House amendment contained an identical provision
(sec. 1502).
The conference agreement includes this provision.
Research, development, test, and evaluation (sec. 1513)
The Senate bill contained a provision (sec. 1504) that
would authorize additional appropriations for research,
development, test, and evaluation at the levels identified in
section 4202 of division D of this Act.
The House amendment contained an identical provision
(sec. 1503).
The conference agreement includes this provision
Operation and maintenance (sec. 1514)
The Senate bill contained a provision (sec. 1505) that
would authorize additional appropriations for operation and
maintenance programs at the levels identified in section 4302
of division D of this Act.
The House amendment contained an identical provision
(sec. 1504).
The conference agreement includes this provision.
Military personnel (sec. 1515)
The Senate bill contained a provision (sec. 1506) that
would authorize additional appropriations for military
personnel at the levels identified in section 4402 of division
D of this Act.
The House amendment contained an identical provision
(sec. 1505).
The conference agreement includes this provision.
Working capital funds (sec. 1516)
The Senate bill contained a provision (sec. 1507) that
would authorize additional appropriations for Defense Working
Capital Funds at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision
(sec. 1506).
The conference agreement includes this provision.
Drug interdiction and counter-drug activities, defense-wide (sec. 1517)
The Senate bill contained a provision (sec. 1508) that
would authorize additional appropriations for Drug Interdiction
and Counter-Drug Activities, Defense-Wide, at the levels
identified in section 4502 of division D of this Act.
The House amendment contained an identical provision
(sec. 1507).
The conference agreement includes this provision.
Defense inspector general (sec. 1518)
The Senate bill contained a provision (sec. 1509) that
would authorize additional appropriations for the Office of the
Inspector General at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision
(sec. 1508).
The conference agreement includes this provision.
Defense health program (sec. 1519)
The Senate bill contained a provision (sec. 1510) that
would authorize additional appropriations for the Defense
Health Program at the levels identified in section 4502 of
division D of this Act.
The House amendment contained an identical provision
(sec. 1510).
The conference agreement includes this provision.
Afghanistan Security Forces Fund (sec. 1520)
The Senate bill contained a provision (sec. 1212) that
would extend the authority to continue certain established
provisions applicable to the Afghanistan Security Forces Fund
(ASFF), including the use of funds, transfer authority, and
acceptance of contributions to provide assistance to the
security forces of the Ministry of Defense and Ministry of
Interior of Afghanistan and to increase the recruitment and
integration of women into the Afghan National Defense and
Security Forces (ANDSF).
The House amendment contained a similar provision (sec.
1521) that would require the Secretary of Defense, in
consultation with the Secretary of State, to submit an
assessment of the Government of Afghanistan's ability to meet
shared security objectives and manage, employ, and sustain
equipment divested under ASFF, and would require the Secretary
to withhold $450,000,000 until such time as the Secretary can
certify that the Government of Afghanistan has made sufficient
progress in these areas. It would also set a goal of using
$45.5 million to support efforts to promote the recruitment,
training, integration, and retention of Afghan women into the
ANDSF.
The Senate recedes with an amendment to the elements of
the required assessment.
The conferees understand that the Department recently
modified long standing guidance on the use of ASFF to cover
program management expenses by transitioning the responsibility
for costs associated with Indirect Assistance to the Services.
It is the conferees' understanding that ASFF should cover all
costs associated with building the ANDSF, including program and
security assistance management support. The conferees know of
no reason for such a change and encourage the Department to
revisit this internal policy decision. The conferees direct the
Department to brief the congressional defense committees on its
policy regarding program management expenses within 60 days
after the enactment of this Act.
Special transfer authority (sec. 1520A)
The Senate bill contained a provision (sec. 1522) that
would authorize the transfer of up to $2.5 billion of
additional war-related authorizations in this subtitle among
the accounts in this subtitle.
The House amendment contained a similar provision (sec.
1512) that would allow the Secretary of Defense to transfer up
to $500 million.
The House recedes with an amendment that would set the
transfer level at $2.0 billion.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Procurement (sec. 1521)
The agreement includes a provision that would authorize
appropriations for emergency procurement at the levels
identified in section 4103 of division D of this Act.
Research, development, test, and evaluation (sec. 1522)
The agreement includes a provision that would authorize
appropriations for emergency research, development, test, and
evaluation at the levels identified in section 4203 of division
D of this Act.
Operation and maintenance (sec. 1523)
The agreement includes a provision that would authorize
appropriations for emergency operation and maintenance at the
levels identified in section 4303 of division D of this Act.
Restriction on transfer of funds authorized by this subtitle (sec.
1524)
The agreement includes a provision that would authorize
and place restrictions upon the transfer of emergency-
designated amounts of authorizations for the recovery and
restoration of military installations in California, Florida,
North Carolina, and Nebraska impacted by natural disasters.
LEGISLATIVE PROVISIONS NOT ADOPTED
Review of Joint Improvised-Threat Defeat Organization research relating
to humanitarian demining efforts
The Senate bill contained a provision (sec. 6501) that
would require the Secretary of Defense to conduct a review of
Joint Improvised-Threat Defeat Organization research and submit
a report identifying information that may be released to United
States humanitarian demining organizations for improving the
efficiency and effectiveness of humanitarian demining efforts.
The House amendment contained no similar provision.
The Senate recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
October 1, 2020, identifying Joint Improvised-Threat Defeat
Organization research that may be released to United States
humanitarian demining organizations for improving the
efficiency and effectiveness of humanitarian demining efforts.
Title XVI--Strategic Programs, Cyber, and Intelligence Matters
BUDGET ITEMS
Standard Missile-3 Block IIA flight test against intercontinental
ballistic missile target
The budget request included $53.8 million across several
defense-wide research, development, test and evaluation lines
to conduct a flight test of the Standard Missile-3 Block IIA
(SM-3 IIA) against an intercontinental ballistic missile (ICBM)
target (``FTM-44'').
The House amendment would authorize a reduction of $41.7
million below the request.
The Senate bill would authorize the funding level in the
request.
The conference agreement authorizes the funding level in
the request.
The conferees note that a Government Accountability
Office assessment (``Missile Defense: Delivery Delays Provide
Opportunity for Increased Testing to Better Understand
Capability,'' GAO-19-387) found that the SM-3 IIA has not been
adequately tested against threats it was designed to intercept,
potentially leading to design issues being discovered well into
production of interceptors. Further, the Director for
Operational Test and Evaluation (DOT&E) stated that flight test
failures of the SM-3 IIA in operational testing should have
been discovered in developmental testing that was not
conducted. The conferees strongly urge the Director of the
Missile Defense Agency and DOT&E to look for opportunities to
conduct additional tests of the SM-3 IIA against threats it was
designed to intercept, adhering to fly-before-you-buy
principles. Additionally, the conferees recommend continued
engagement with allies to discuss potential policy implications
of the planned SM-3 IIA ICBM flight test.
Subtitle A--Space Activities
Repeal of requirement to establish United States Space Command as a
subordinate unified command of the United States Strategic
Command (sec. 1601)
The Senate bill contained a provision (sec. 1611) that
would repeal the requirement to establish U.S. Space Command as
a subordinate unified command of U.S. Strategic Command.
The House amendment contained a similar provision (sec.
931).
The Senate recedes with a technical/clarifying amendment.
Coordination of modernization efforts relating to military-code capable
GPS receiver cards (sec. 1602)
The House amendment contained a provision (sec. 228) that
would require the Secretary of Defense to designate an entity
within the Department of Defense to have responsibility for
Global Positioning System military code (M-code) receiver card
acquisition planning, and take actions to integrate and
streamline modernization of the M-code receiver card across the
Department.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add the
provision to existing statute and add a requirement for the
Secretary to clarify the role of the Council on Oversight of
the Department of Defense Positioning, Navigation, and Timing
Enterprise with respect to M-code modernization efforts.
Demonstration of backup and complementary positioning, navigation, and
timing capabilities of Global Positioning System (sec. 1603)
The House amendment contained a provision (sec. 1609)
that would extend both the authority to carry out a backup
Global Positioning System capability demonstration and the due
date of the report on such demonstration to December 31, 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Annual determination on plan on full integration and exploitation of
overhead persistent infrared capability (sec. 1604)
The House amendment contained a provision (sec. 1603)
that would add a sunset clause to the requirement for the
annual determination on the plan on full integration and
exploitation of overhead persistent infrared capability.
The Senate bill contained no similar amendment.
The Senate recedes with a technical/clarifying amendment.
Space-based environmental monitoring mission requirements (sec. 1605)
The House amendment contained a provision (sec. 1604)
that would require the Director of the National Reconnaissance
Office (NRO) to competitively procure and launch a modernized
pathfinder program satellite to mitigate risks related to cloud
characterization and theater weather imagery requirements.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would move the
requirement to procure such pathfinder program satellite from
the Director, NRO, to the Secretary of the Air Force, specify
that such satellite may be a free-flyer or a hosted payload
satellite, and withhold 10 percent of the travel funds of the
Office of the Secretary of the Air Force until a contract for
such satellite procurement is awarded.
Resilient enterprise ground architecture (sec. 1606)
The House amendment contained a provision (sec. 1608)
that would require the Secretary of Defense to develop future
satellite ground architectures to be compatible with
complementary commercial systems that can support uplink and
downlink capabilities with dual-band spacecraft. It would also
require the Secretary to emphasize that future ground
architecture should transition away from stove-piped systems to
a service-based platform that provides members of the Armed
Forces with flexible and adaptable capabilities.
The Senate bill contained no similar amendment.
The Senate recedes with an amendment that would add a
requirement for the Secretary to submit a report to the
congressional defense committees on the future satellite ground
architectures developed under this provision.
Prototype program for multi-global navigation satellite system receiver
development (sec. 1607)
The Senate bill contained a provision (sec. 1613) that
would direct the Secretary of the Air Force to ensure that
military Global Positioning System (GPS) user equipment
terminals can incorporate signals from the European Union's
Galileo and Japan's QZSS satellites, while enabling the
Secretary to waive this requirement on a case-by-case basis if
certain criteria are met. The provision would also require the
Secretary to ensure that military GPS terminals can receive
allied and non-allied positioning, navigation, and timing (PNT)
signals, provided that analysis indicates that the benefits
outweigh the risks or that the risks can be appropriately
mitigated.
The House amendment contained a provision (sec. 1605)
that would require the Secretary of Defense to establish under
the Space Development Agency (SDA) a program to prototype an M-
code based, multi-global navigation satellite system (GNSS)
receiver that would incorporate both allied and non-allied,
trusted and open GNSS signals to increase the resilience and
capability of military PNT equipment. The provision would
require the Secretary to provide an assessment of the benefits
and risks of each potential signal and require the Director of
the SDA to provide a relevant briefing and report to the
congressional defense committees. Finally, the provision would
fence 75 percent of funds for the Military GPS User Equipment
Program until the submission of such briefing and report.
The Senate recedes with an amendment that would move
responsibility of the M-code multi-GNSS prototype program from
the Director of the SDA to the Secretary of the Air Force and
clarify the waiver authority for trusted signals capabilities.
The amendment would also change the fence from 75 percent to 90
percent.
Commercial space situational awareness capabilities (sec. 1608)
The House amendment contained a provision (sec. 1606)
that would require the Director of the Space Development Agency
(SDA) to procure commercial space situational awareness (SSA)
services by awarding at least two contracts for such services.
The provision would limit the obligation or expenditure of
funds to 75 percent for the enterprise space battle management
command and control until the Secretary of Defense certifies to
the congressional defense committees the award of these
contracts. The provision would also require a report on using
commercial SSA requirements.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the findings and change the requirement for the Director of the
SDA to procure commercial SSA services to a requirement for the
Secretary of the Air Force to certify to the congressional
defense committees that the Air Force is using commercial SSA
services. The amendment would also change the limitation of
funds to be obligated or expended until the Secretary makes
such certification from 75 percent to 85 percent.
Program to enhance and improve launch support and infrastructure (sec.
1609)
The Senate bill contained a provision (sec. 1612) that
would authorize the Secretary of Defense to carry out a program
to enhance infrastructure and improve support activities for
the processing and launch of Department of Defense small-class
to medium-class payloads.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary to coordinate with the Administrator of the
Federal Aviation Administration in carrying out such program
and submit the required report to other relevant congressional
committees in addition to the defense committees.
Preparation to implement plan for use of allied launch vehicles (sec.
1610)
The House amendment contained a provision (sec. 1602)
that would require the Secretary of Defense, in coordination
with the Director of National Intelligence, to take actions
necessary to prepare to implement the plan developed pursuant
to section 1603 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) regarding using allied
launch vehicles to meet the requirements for achieving the
policy relating to assured access to space set forth in section
2273 of title 10, United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Independent study on plan for deterrence in space (sec. 1611)
The House amendment contained a provision (sec. 1607)
that would require the Secretary of Defense to enter into a
contract with a federally funded research and development
center to conduct a study on deterrence in space, to then be
assessed by the Defense Policy Board. The provision would
require the Secretary to submit a report and provide a briefing
on the plan and assessment.
The Senate bill contained no similar amendment.
The Senate recedes with a technical/clarifying amendment.
Study on leveraging diverse commercial satellite remote sensing
capabilities (sec. 1612)
The House amendment contained a provision (sec. 1610A)
that would require the Secretary of Defense to conduct a study
on the status of the transition from the National Geospatial-
Intelligence Agency to the National Reconnaissance Office of
the leadership role in acquiring commercial remote sensing
data.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the requirement for the Secretary to study the NRO's plans to
acquire medium- and high-resolution data to a full range of
data at all resolutions.
Annual report on Space Command and Control program (sec. 1613)
The Senate bill contained a provision (sec. 1615) that
would require the Secretary of the Air Force to provide
annually a report on progress in executing the acquisition
strategy and assessment of risk for the Space Command and
Control program.
The House amendment contained no similar provision.
The House recedes with an amendment that would add an
additional requirement to the annual report and extend the due
date of the first report to May 1, 2020, but concurrent with
the President's Budget each year thereafter.
The conferees have been informed by the Secretary of the
Air Force that the acquisition strategy directed by the Senate
bill's report, found under ``Acquisition Plan for Space Command
and Control Program,'' may take longer to complete.
Accordingly, the conferees direct the Secretary of the Air
Force to submit the acquisition strategy not later than
February 1, 2020. The time period between February 1, 2020, and
May 1, 2020, would give the Comptroller General adequate time
to review the strategy and assess any deviations the Secretary
should address in the report required in this provision.
Report on Space Debris (sec. 1614)
The House amendment contained a provision (sec. 1610)
that would require the Secretary of Defense to submit a report
on the risks posed by man-made space debris in low-earth orbit,
including recommendations with respect to the remediation of
such risks and outlines of plans to reduce the incident of such
space debris.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Redesignation of Under Secretary of Defense for Intelligence as Under
Secretary of Defense for Intelligence and Security (sec. 1621)
The Senate bill contained a provision (sec. 1621) that
would redesignate the Under Secretary of Defense for
Intelligence and the Deputy Under Secretary of Defense for
Intelligence as the Under Secretary of Defense for Intelligence
and Security and Deputy Under Secretary of Defense for
Intelligence and Security, respectively, and make conforming
changes to existing laws.
The House amendment contained no similar provision.
The House recedes with an amendment that would
redesignate the Under Secretary of Defense for Intelligence and
the Deputy Under Secretary of Defense for Intelligence as the
Under Secretary of Defense for Intelligence and Security and
Deputy Under Secretary of Defense for Intelligence and
Security. The amendment would also make modifications relating
to the responsibilities of the Under Secretary regarding the
protection of privacy and civil liberties as well as inclusion
of a rule of construction stating that nothing in the section
shall be construed to modify or expand the authorities,
resources, responsibilities, roles, or missions of the Under
Secretary.
The conferees direct the Secretary of Defense to notify
the Armed Services Committees of the Senate and House of
Representatives within 30 days of assigning any significant new
responsibilities to the Under Secretary during Fiscal Year
2020.
Modifications to ISR Integration Council and annual briefing
requirements (sec. 1622)
The Senate bill contained a provision (sec. 1622) that
would repeal section 426 of title 10, United States Code, which
requires the establishment of the Intelligence, Surveillance,
and Reconnaissance (ISR) Integration Council.
The House amendment contained a provision (sec. 1611)
that would amend section 426 of title 10, United States Code,
to modify the ISR Integration Council membership and related
annual briefing requirements.
The Senate recedes.
Modification of annual authorization of appropriations for National
Flagship Language Initiative (sec. 1623)
The House amendment contained a provision (sec. 1613)
that would amend section 1911 of title 50, United States Code,
to increase the annual authorized amount for the National
Flagship Language Initiative from $10.0 million to $16.0
million beginning in fiscal year 2020.
The Senate bill contained no similar provision.
The Senate recedes.
Improving the onboarding methodology for intelligence personnel (sec.
1624)
The Senate bill contained a provision (sec. 1623) that
would require the Secretary of Defense and the Director of
National Intelligence, consistent with Department of Defense
Instruction 1400.25, as in effect on the day before the date of
the enactment of this Act, to provide several reports relating
to the onboarding methodology for certain intelligence
personnel.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Defense Counterintelligence and Security Agency activities on
facilitating access to local criminal records historical data
(sec. 1625)
The Senate bill contained a provision (sec. 1624) that
would authorize the Director of the Defense Counterintelligence
and Security Agency to carry out a set of activities relating
to facilitating access by the Agency to local criminal records
historical data in support of its personnel security mission.
The House amendment contained no similar provision.
The House recedes with an amendment that would limit the
commencement of activities authorized by this section until
certain reporting requirements are satisfied as well as impose
other limitations on the use of the authority.
Survey and report on alignment of intelligence collections capabilities
and activities with Department of Defense requirements (sec.
1626)
The House amendment contained a provision (sec. 1612)
that would require the Under Secretary of Defense for
Intelligence, in coordination with the Chairman of the Joint
Chiefs of Staff and the Director of National Intelligence, to
review and provide a report to the congressional defense
committees and the congressional intelligence committees, not
later than 120 days after the date of the enactment of this
Act, on the organization, posture, and processes of
intelligence collections capabilities and activities, for the
purpose of assessing the ability of the intelligence collecting
capabilities and activities to support the current and future
requirements of the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes.
Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency (sec. 1627)
The Senate bill contained a provision (sec. 1059) that
would require the Director of the Defense Counterintelligence
and Security Agency to submit to the congressional defense
committees on a semi-annual basis a report on the inventory and
timeliness metrics relating to the Consolidated Adjudication
Facility.
The House amendment contained no similar provision.
The House recedes.
Report on the expanded purview of the Defense Counterintelligence and
Security Agency (sec. 1628)
The Senate bill contained a provision (sec. 6606) that
would require the Secretary of Defense to submit to Congress a
report on the Defense Counterintelligence and Security Agency,
including: (1) Identification of Inspector General resources
and authorities appropriate to the expanded purview of the
Agency; (2) Identification of the resources and authorities
needed to perform the civil liberties and privacy officer
function of the Agency; (3) An assessment of the Agency's
security protocols for personally identifiable information; (4)
An assessment of the Agency's governance structure vis-a-vis
the Department of Defense; (5) An assessment of the Agency's
governance structure relative to interagency partners; and (6)
The methodology the Agency will use to prioritize background
investigation requests from government agencies and industry.
The report must be submitted not later than 90 days after the
date of enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Termination of requirement for Department of Defense facility access
clearances for joint ventures composed of previously-cleared
entities (sec. 1629)
The Senate bill contained a provision (sec. 1040) that
would prohibit the requirement for joint ventures that are
composed entirely of entities that already have been granted
facility clearances to obtain an additional clearance for the
venture.
The House amendment contained no similar provision.
The House recedes.
Subtitle C--Cyberspace-Related Matters
Matters relating to military operations in the information environment
(sec. 1631)
The Senate bill contained a provision (sec. 1681) that
would affirm the authority of the Secretary of Defense to
conduct military operations in the information environment,
including clandestine operations, to defend the United States,
its allies, and its interests, including in response to
malicious activities carried out against the United States or a
United States person by a foreign power. The provision would
also clarify that military operations in the information
environment are traditional military activities for the
purposes of section (e)(2) of the National Security Act of 1947
(Public Law 80-253).
The House amendment contained no similar provision.
The House recedes with an amendment that would affirm the
authority of the Secretary of Defense to conduct military
operations, including clandestine operations, in the
information environment as well as clarify that clandestine
military operations in the information environment shall be
considered a traditional military activity for the purposes of
section 503(e)(2) of the National Security Act of 1947 (50
U.S.C. 3093(e)(2). The amendment would also amend Chapter 19 of
title 10, United States Code, to require the Secretary of
Defense to designate a Principal Information Operations Advisor
with specified responsibilities. Further the amendment includes
a rule of construction that would state that nothing may be
construed to limit, expand, or otherwise alter the authority of
the Secretary to conduct specified military operations in the
information environment or to limit, expand, or otherwise alter
or affect the War Powers Resolution (50 U.S.C. 1541 et seq.) or
an authorization for the use of military force in effect on the
day before the date of enactment of this Act. Lastly, the
amendment would establish various briefing and reporting
requirements.
Notification requirements for sensitive military cyber operations (sec.
1632)
The House amendment contained a provision (sec. 1621)
that would modify section 395 of title 10, United States Code,
which requires the Secretary of Defense to provide notification
of sensitive military cyber operations to the congressional
defense committees, to include additional parameters to further
define what offensive and defensive operations constitute a
sensitive military cyber operation for the purposes of this
requirement.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary of Defense's designee to provide written notification
to the congressional defense committees in the event of an
unauthorized disclosure of a sensitive military cyber
operation.
Evaluation of cyber vulnerabilities of major weapon systems of the
Department of Defense (sec. 1633)
The House amendment contained a provision (sec. 1625)
that would modify section 1647 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
which required evaluations of cyber vulnerabilities of each
major weapon system of the Department of Defense by December
31, 2019, by requiring notification and justification for not
meeting the deadline. The provision would also require a
comprehensive report from the Secretary of Defense on the
evaluations of cyber vulnerabilities for each major weapon
system.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add
further requirements to the report, including details on the
technologies used for vulnerability assessments and the
schedule for future vulnerability assessments.
Quarterly assessments of the readiness of Cyber Mission Forces (sec.
1634)
The Senate bill contained a provision (sec. 1636) that
would require the Secretary of Defense to develop metrics for
the assessment of the readiness of the Cyber Mission Forces and
to brief the congressional defense committees on these metrics
within 90 days of the enactment of this Act. The provision
would also modify section 484 of title 10, United States Code,
to require the briefing of readiness of the Cyber Mission
Forces, informed by these metrics, as part of the quarterly
cyber operations updates, effective 180 days after the
enactment of this Act.
The House amendment contained a provision (sec. 1622)
that would modify the same section of United States Code to
require an overview of the readiness of the Cyber Mission Force
to be presented as part of the mandatory cyber operations
quarterly briefings.
The House recedes with an amendment that would modify the
briefing requirement to include an overview of the readiness of
the Cyber Mission Forces and would require quarterly briefings
on the required metrics until their finalization.
Cyber posture review (sec. 1635)
The House amendment contained a provision (sec. 1623)
that would amend section 1644 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91) by
directing the Secretary of Defense to conduct a review of the
cyber posture of the United States on a quadrennial basis to
begin not later than December 31, 2022.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add
recurrent problems or capability gaps that remain unaddressed
since the previous posture review to the elements of the
review.
Modification of elements of assessment required for termination of
dual-hat arrangement for Commander of the United States Cyber
Command (sec. 1636)
The Senate bill contained a provision (sec. 1640) that
would amend section 1642 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) by requiring the
Secretary of Defense and Chairman of the Joint Chiefs of Staff,
prior to the termination of the dual-hatted arrangement in
which the Commander of United States Cyber Command serves as
the Director of the National Security Agency, to certify that:
(1) Processes to deconflict military cyber operations and
national intelligence operations have been put in place; (2)
Tools, weapons, and accesses used in and available for military
cyber operations are sufficient for achieving required effects
and United States Cyber Command is capable of acquiring or
developing these tools, weapons, and accesses; and (3) The
Cyber Mission Force has demonstrated the capacity to execute
the cyber missions of the Department, including the execution
of national-level missions through cyberspace, defense of the
Department of Defense Information Network, and support for
other combatant commands, including targeting of adversary
military assets.
The House amendment contained a provision (sec. 1632)
that would require the Secretary of Defense to provide
quarterly briefings to the congressional defense committees and
congressional intelligence committees on the current and future
nature of the National Security Agency and United States Cyber
Command partnership.
The House recedes with an amendment that would also
require the Secretary of Defense to provide annual briefings to
the congressional defense committees and congressional
intelligence committees on the current and future cooperation
of the National Security Agency and United States Cyber
Command.
Modification of cyber scholarship program (sec. 1637)
The House amendment contained a provision (sec. 1633)
that would amend section 2200a of title 10, United States Code,
to allow scholarships granted by the Department of Defense to
go toward validated and accredited cyber training programs.
The Senate bill contained no similar provision.
The Senate recedes.
Tier 1 exercise of support to civil authorities for a cyber incident
(sec. 1638)
The House amendment contained a provision (sec. 1624)
that would amend section 1648 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) by directing the Commanders of U.S. Northern Command and
U.S. Cyber Command to conduct a Tier 1 exercise by February 1,
2020; the provision would also place a limitation on 10 percent
of fiscal year 2020 funds authorized to be appropriated for the
White House Communications Agency until the exercise is
initiated.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the required by-date for the execution of the Tier 1 exercise.
Extension of the Cyberspace Solarium Commission (sec. 1639)
The Senate bill contained a provision (sec. 1639) that
would amend section 1652 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) by
making a technical correction and changing the final due date
for the Cyberspace Solarium Commission's final report to
February 1, 2020.
The House amendment contained a provision (sec. 1626)
that would extend the Cyberspace Solarium Commission, as
established in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) and
its final report by 1 year, from September 1, 2019, to
September 1, 2020.
The Senate recedes with an amendment that would change
the final due date for the Cyberspace Solarium Commission's
final report to April 30, 2020.
Authority to use operation and maintenance funds for cyber operations-
peculiar capability development projects (sec. 1640)
The Senate bill contained a provision (sec. 1643) that
would allow the Secretaries of the military departments to use
money authorized for appropriation for Operation and
Maintenance (O&M) to develop cyber operations-peculiar
capabilities up to $3.0 million annually. The provision would
allow the Department of Defense to use its O&M funds for the
rapid creation, testing, fielding, and operation of cyber
capabilities that would be developed and used within the 1-year
appropriation period.
The House amendment contained a similar provision (sec.
1627) that would also require a Commander of U.S. Cyber Command
certification for each use of the provided authority and the
Secretary of Defense to notify the congressional defense
committees within 15 days of exercising the provided authority.
The Senate recedes with an amendment that would remove
the certification requirement, allow the Secretary's designee
to notify the congressional defense committees of the exercise
of the provided authority, and would limit the notification
requirement to exercises of the authority in excess of
$500,000.
Role of Chief Information Officer in improving enterprise-wide
cybersecurity (sec. 1641)
The Senate bill contained a provision (sec. 1635) that
would assign additional responsibilities to the Department of
Defense Chief Information Officer (CIO), including the
modernization of the Department's cybersecurity architecture,
the mandating of cybersecurity data sharing, and the
acquisition of additional computing infrastructure to meet the
Department's cybersecurity needs.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
that the CIO utilize the expertise of the National Security
Agency and the Defense Digital Service in improving the
Department's cybersecurity.
Notification of delegation of authorities to the Secretary of Defense
for military operations in cyberspace (sec. 1642)
The House amendment contained a provision (sec. 1628)
that would require the Secretary of Defense to notify the
congressional defense committees and describe various
operational details within 15 days of any delegation of
authorities from the National Command Authority for military
cyberspace operations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
Secretary to notify the congressional defense committees of
delegations of authority and to describe operational details
separately to account for the potential immaturity of
operational plans as of the initial delegation of authorities.
Limitation of funding for Consolidated Afloat Networks and Enterprise
Services (sec. 1643)
The House amendment contained a provision (sec. 1629)
that would place a limitation on 15 percent of all funds
authorized to be appropriated by this Act for the Navy's
Consolidated Afloat Networks and Enterprise Services until the
Secretary of Defense certifies that the Navy has implemented
the recommendations of the Office of the Inspector General.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Annual military cyberspace operations report (sec. 1644)
The House amendment contained a provision (sec. 1630)
that would require the Secretary of Defense to provide to the
congressional defense committees, not later than March 1 of
each calendar year, an annual report on military cyberspace
operations, to include cyber effects-enabling and cyber effects
operations, activities, and missions.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
certain requirements of the report.
Annual report on cyber attacks and intrusions against the Department of
Defense by certain foreign entities (sec. 1645)
The House amendment contained a provision (sec. 1239)
that would require the Secretary of Defense to submit to the
congressional defense committees annual reports on cyberattacks
and intrusions in the previous 12 months by agents or
associates of the Governments of the Russian Federation, the
People's Republic of China, the Islamic Republic of Iran, and
the Democratic People's Republic of Korea.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the report.
Control and analysis of Department of Defense data stolen through
cyberspace (sec. 1646)
The Senate bill contained a provision (sec. 1637) that
would define requirements for the Department of Defense (DOD)
in the event that DOD data have been stolen or are suspected to
have been stolen via cyber means. The provision provides a
series of requirements for the DOD when it directly controls
the data or access to the data. The provision would further
require that, when the DOD does not have unilateral control of
the data and when law enforcement or intelligence community
information controls have been imposed on the handling of and
access to the data, the Secretary of Defense coordinate with
the Director of the Federal Bureau of Investigation or Director
of National Intelligence, as appropriate, to carry out the same
series of requirements.
The House contained no similar provision.
The House recedes with an amendment that would modify the
requirements to: (1) allow the Department to have consistent
access to the relevant data by other means; (2) specify mission
critical Department systems should have analytic products
developed; (3) modify the mission affected entities definition;
(4) modify requirements of the counterintelligence
organizations; and (5) modify the requirements for data in
possession of or under the controls imposed by the Federal
Bureau of Investigation or the Director of National
Intelligence.
Use of National Security Agency cybersecurity expertise to support
evaluation of commercial cybersecurity products (sec. 1647)
The Senate bill contained a provision (sec. 1641) that
would establish as a mission of the National Security Agency
the advising and assistance of the Department of Defense in its
acquisition and adaptation of cybersecurity products and
services from industry, especially the commercial cybersecurity
sector.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
that this technical mission would be conducted in support of
the Department's selection and adaption of commercial products
rather than the Department's contracting and business-specific
acquisition functions.
Framework to enhance cybersecurity of the United States defense
industrial base (sec. 1648)
The Senate bill contained a provision (sec. 1634) that
would require the Secretary of Defense to develop a consistent,
comprehensive framework to enhance the cybersecurity of the
U.S. defense industrial base and to provide the congressional
defense committees a briefing on the framework not later than
March 11, 2020. The framework would include: (1) Identification
of cybersecurity standards and requirements imposed on the
defense industrial base; (2) Responsibilities of the prime
contractor and all subcontractors in the supply chain for
implementing those standards and requirements; (3) A plan to
provide cybersecurity guidance and assistance to contractors;
and (4) Methods and programs for defining and managing
controlled unclassified information.
The House amendment contained a provision (sec. 1631)
that would require the Secretary of Defense to provide a report
to the congressional defense committees not later than May 1,
2020, on the Department of Defense's efforts related to
cybersecurity and the Defense Industrial Base.
The House recedes with an amendment that would modify
certain requirements of the framework.
Report on cybersecurity training programs (sec. 1649)
The House amendment contained a provision (sec. 1634)
that would require the Secretary of Defense to submit a report
to the congressional defense committees detailing all
Department of Defense efforts and programs to train elementary,
secondary, and post-secondary students in fields related to
cybersecurity, cyber defense, and cyber operations.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
limit the report delivery to the Committees on Armed Services
of the Senate and House of Representatives.
National Security Presidential Memorandums relating to Department of
Defense operations in cyberspace (sec. 1650)
The House amendment contained a provision (sec. 1635)
that would require the President to provide the congressional
defense committees with copies of all National Security
Presidential Memoranda relating to Department of Defense
operations in cyberspace.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would allow the
committees to read and return all National Security
Presidential Memorandums relating to Department of Defense
operations in cyberspace.
Reorientation of Big Data Platform program (sec. 1651)
The Senate bill contained a provision (sec. 1631) that
would require the Secretary of Defense to reorient the
Department of Defense's Big Data Platform program by
establishing a common baseline and security classification
scheme for the collection, querying, analysis, and
accessibility of a common and comprehensive set of metadata
from sensors, applications, and systems deployed across the
Department of Defense Information Network.
The House amendment contained no similar provision.
The House recedes with a technical and clarifying
amendment.
Zero-based review of Department of Defense cyber and information
technology personnel (sec. 1652)
The Senate bill contained a provision (sec. 1632) that
would require the heads of Department of Defense departments,
agencies, and components to complete zero-based reviews of the
cyber and information technology personnel in those
departments, agencies, and components.
The House amendment contained no similar provision.
The House recedes.
Study on improving cyber career paths in the Navy (sec. 1653)
The Senate bill contained a provision (sec. 1633) that
would require the Secretary of the Navy to conduct a study on
improving cyber career paths in the Navy. The provision would
also require the Secretary to submit a report to the
congressional defense committees, no later than October 1,
2020, on the findings of the study.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
that the report should include an evaluation of the Cyber
Warfare Engineer career field for officers.
Accreditation standards and processes for cybersecurity and information
technology products and services (sec. 1654)
The Senate bill contained a provision (sec. 1638) that
would require the Department of Defense (DOD) Chief Information
Officer (CIO) to assess the accreditation standards and
processes of the military departments and other components of
the DOD for cybersecurity and information technology products
and services.
The House amendment contained no similar provision.
The House recedes with an amendment that would specify
that this assessment should be carried out in accordance with
the CIO's existing responsibilities for cybersecurity and cyber
capability architectures of the Department of Defense and with
the budget review authority established in section 142 of title
10, United States Code.
Study on future cyber warfighting capabilities of Department of Defense
(sec. 1655)
The Senate bill contained a provision (sec. 1642) that
would require the Secretary of Defense to direct the Defense
Science Board to carry out a study on the future cyber
warfighting capabilities of the Department of Defense (DOD).
The Board's study would include: (1) A technical evaluation of
the Joint Cyber Warfighting Architecture of the DOD; (2) A
technical evaluation of the Department's tool development and
acquisition programs; (3) An evaluation of the operational
planning and targeting of U.S. Cyber Command; and (4)
Recommendations for legislative and administrative action
relating to the DOD's future cyber warfighting capabilities.
The House amendment contained no similar provision.
The House recedes.
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. 1656)
The Senate bill contained a provision (sec. 1646) that
would require the Department of Defense Principal Cyber Advisor
(PCA) to conduct a study to determine the optimal strategy for
structuring and manning elements of the following: (1) Joint
Force Headquarters-Cyber organizations; (2) Joint Mission
Operations Centers; and (3) Cyber Operations-Integrated
Planning Elements.
The House amendment contained no similar provision.
The House recedes with an amendment that would include
the Joint Cyber Centers in the study.
Cyber governance structures and Principal Cyber Advisors on military
cyber force matters (sec. 1657)
The Senate bill contained a provision (sec. 1647) that
would require each secretary of the military departments to
designate a Principal Cyber Advisor to act as the principal
advisor to the secretary on the cyber forces, cyber programs,
and cybersecurity matters of the military department, including
matters relating to weapons systems, enabling infrastructure,
and the defense industrial base.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1)
Require each secretary of the military departments to appoint a
Principal Cyber Advisor for each military service; (2) Require
each Principal Cyber Advisor to be a senior civilian, a member
of the Senior Executive Service equivalent to a 3-star flag
officer, or by exception a military officer; (3) Prohibit the
dual-hatting of any existing position as the Principal Cyber
Advisor and require each Principal Cyber Advisor to be
independent of the service chief information officers; and (4)
Clarify the responsibilities of each Principal Cyber Advisor.
Designation of test networks for testing and accreditation of
cybersecurity products and services (sec. 1658)
The Senate bill contained a provision (sec. 1648) that
would require the Secretary of Defense to designate three test
networks for the testing and accreditation of cybersecurity
products and services.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
available the information generated to the Office of the
Director, Operational Test and Evaluation.
Consortia of universities to advise Secretary of Defense on
cybersecurity matters (sec. 1659)
The Senate bill contained a provision (sec. 1649) that
would establish one or more consortia of universities to advise
and assist the Secretary of Defense on matters relating to
cybersecurity. The functions of the consortium or consortia
would be: (1) To provide to the Secretary access to the
expertise of the members of the consortium on matters relating
to cybersecurity; (2) To align the efforts of constituent
members to priorities of the Department of Defense; and (3) To
act as a facilitator in responding to Department requests
relating to advice and assistance on matters relating to
cybersecurity and to provide feedback to the Secretary from
constituent members.
The House amendment contained no similar provision.
The House recedes with an amendment that would: (1)
Clarify the purpose and functions of the consortium or
consortia; (2) Require that the consortium or consortia be open
to all universities designated as centers of academic
excellence by the Department of Homeland Security and National
Security Agency; and (3) Require that the Secretary of Defense
or a senior level designee meet with the consortium or
consortia at least twice per year.
Joint assessment of Department of Defense cyber red team capabilities,
capacity, demand, and requirements (sec. 1660)
The Senate bill contained a provision (sec. 6605) that
would require the Secretary of Defense to conduct a joint
assessment of Department of Defense cyber red team
capabilities, capacity, demand, and future requirements that
affect the Department's ability to develop, test, and maintain
secure systems in a cyber environment.
The House amendment contained no similar provision.
The House recedes.
Subtitle D--Nuclear Forces
Conforming amendment to Council on Oversight of the National Leadership
Command, Control, and Communications System (sec. 1661)
The Senate bill contained a provision (sec. 1663) that
would make several conforming changes to the governing statute
of the Council on Oversight of the National Leadership Command,
Control, and Communications System, section 171a of Title 10,
United States Code.
The House amendment contained no similar provision.
The House recedes.
Modification of authorities relating to nuclear command, control, and
communications system (sec. 1662)
The Senate bill contained a provision (sec. 1661) that
would reassign principal responsibility within the Office of
the Secretary of Defense for nuclear command, control, and
communications from the Chief Information Officer to the Under
Secretary of Defense for Acquisition and Sustainment.
The House amendment contained a similar provision (sec.
901).
The House recedes.
Briefings on meetings held by Nuclear Weapons Council (sec. 1663)
The House amendment contained a provision (sec. 1642)
that would require the Nuclear Weapons Council (NWC) to provide
semi-annual briefings to the congressional defense committees
covering all NWC meetings in the previous 6 months, including a
summary of decisions made at each meeting but excluding
decisions relating to the budget submission if the budget
request for such fiscal year has not been submitted to Congress
as of the date of the briefing. The provision would also
require the NWC to submit any decision memoranda used to
support decisions made at such meetings, including a summary of
the considerations that informed each decision.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the requirement to submit decision memoranda.
Consideration of budget matters at meetings of Nuclear Weapons Council
(sec. 1664)
The House amendment contained a provision (sec. 1651)
that would modify the enabling statute of the Nuclear Weapons
Council (NWC) as contained in section 179 of title 10, United
States Code, to require that certain budget officials attend
meetings of the NWC, and that the same officials be members of
the Standing and Safety Committee (SSC).
The Senate bill contained no similar provision.
The Senate recedes with amendments that would remove the
provision from code, require that the same officials attend
meetings of the NWC and SSC, and allow the Chairman of the NWC
to exclude an official in exigent circumstances.
Improvement to annual report on the modernization of the nuclear
weapons enterprise (sec. 1665)
The House amendment contained a provision (sec. 1641)
that would extend the reporting requirement in section 1043(a)
of the National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81) by 1 year to 2024. The provision would also
add to the report a requirement to estimate the cost of
modernizing and recapitalizing the nuclear enterprise as a
relative percentage of acquisition costs of the Department of
Defense over the 10 years following the date of the report. It
would also add a requirement to provide a 25-year plan,
including timelines and acquisition and life cycle costs, for
nuclear delivery systems and platforms, nuclear command and
control systems, and facilities, infrastructure, and critical
skills relating to nuclear weapons that are being modernized or
sustained. Finally, the provision would also transfer the
complete reporting requirement to title 10, United States Code,
redesignating it section 492a.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
requirement for the 25-year plan and change the entity required
to report on modernization as a percentage of acquisition costs
from the Secretary of Defense to the Director of the
Congressional Budget Office, as part of the report previously
required as part of section 1043.
Expansion of officials required to conduct biennial assessments of
delivery platforms for nuclear weapons and nuclear command and
control system (sec. 1666)
The Senate bill contained a provision (sec. 1662) that
would add the Commander of the United States Air Forces in
Europe to a list of officials required to report biennially on
the safety, security, reliability, sustainability, performance,
and military effectiveness of the delivery platforms for
nuclear weapons and nuclear command and control systems for
which each official has responsibility.
The House amendment contained no similar provision.
The House recedes.
Extension of annual briefing on costs of forward-deploying nuclear
weapons in Europe (sec. 1667)
The House amendment contained a provision (sec. 1644)
that would extend by 3 years the requirement contained in
section 1656 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92) for the Secretary of
Defense to provide an annual briefing to the congressional
defense committees on the cost of forward-deploying U.S.
nuclear weapons in Europe, and add additional committees to
those receiving the briefing.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would retain
the list of committees from section 1656.
Elimination of conventional requirement for long-range standoff weapon
(sec. 1668)
The House amendment contained a provision (sec. 1643)
that would repeal the requirement in section 217(a) of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66) for the Air Force to develop a conventional variant
of the long-range standoff weapon.
The Senate bill contained no similar provision.
The Senate recedes.
Briefing on long-range standoff weapon and sea-launched cruise missile
(sec. 1669)
The Senate bill contained a provision (sec. 1665) that
would require the Under Secretary of Defense for Acquisition
and Sustainment, in consultation with the Administrator for
Nuclear Security, to provide a briefing to the Committees on
Armed Services of the Senate and the House of Representatives
on opportunities to increase commonality between the long-range
standoff weapon (LRSO) and the nuclear sea-launched cruise
missile (SLCM-N), and to leverage technology developed for LRSO
in the development of the SLCM-N.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Extension of prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile (sec. 1670)
The House amendment contained a provision (sec. 1645)
that would extend until 2030 the prohibition contained in the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328) on availability of funds for development of a
mobile variant of the ground-based strategic deterrent program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
the prohibition through 2024.
Reports on development of ground-based strategic deterrent weapon (sec.
1671)
The Senate bill contained a provision (sec. 6601) that
would require the Secretary of the Air Force, in coordination
with the Administrator for Nuclear Security and the Chairman of
the Nuclear Weapons Council, to submit an annual report to the
congressional defense committees on the joint development of
the ground-based strategic deterrent (GBSD) and the W87-1
warhead modification program.
The House amendment contained no similar provision.
The House recedes with an amendment that would add an
additional required report if the Air Force receives only one
bid for the engineering and manufacturing development phase of
the GBSD program, assessing plans to mitigate any risks or
costs resulting from the submission of a single bid. Such
report would be due 60 days after award of the contract for
that phase.
Prohibition on reduction of the intercontinental ballistic missiles of
the United States (sec. 1672)
The Senate bill contained a provision (sec. 1664, as
modified by sec. 6664) that would prohibit the Department of
Defense from reducing, or preparing to reduce, the
responsiveness, alert level, or quantity deployed of U.S.
intercontinental ballistic missiles. The provision would
provide an exception for activities required for maintenance or
sustainment, or to ensure the safety, security, or reliability
of such missiles.
The House amendment contained no similar provision.
The House recedes.
Independent study on policy of no-first-use of nuclear weapons (sec.
1673)
The House amendment contained a provision (sec. 1649)
that would require the Secretary of Defense to enter into a
contract with a federally funded research and development
center to conduct a study on the United States' adopting a
policy to not use nuclear weapons first.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify some
elements of the required study, move the deadlines for
submission 30 days later, and add a requirement for an interim
briefing not later than 120 days after the date of enactment of
this Act.
Independent study on risks of nuclear terrorism and nuclear war (sec.
1674)
The House amendment contained a provision (sec. 1650)
that would require the Secretary of Defense to enter into a
contract with the National Academy of Sciences to conduct a
study on the potential risks of nuclear terrorism and nuclear
war.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify a
number of elements of the required study.
Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war (sec. 1675)
The House amendment contained a provision (sec. 1646)
that would require the Secretary of Defense, in coordination
with the Secretary of State, to submit to the appropriate
congressional committees a report describing current military-
to-military dialogue between the United States and other
countries to reduce the risk of miscalculation, unintended
consequences, or accidents that could precipitate a nuclear
war, as well as bilateral or multilateral agreements to which
the United States is a party that address the same risks. The
report would also contain a joint assessment by the Secretary
and the Chairman of the Joint Chiefs of Staff of the policy and
operational necessity, risks, benefits, and costs of
establishing military-to-military discussions with Russia,
China, Iran, and North Korea.
The Senate bill contained no similar provision.
The Senate recedes with several clarifying amendments, as
well as an amendment that would add consideration of other
efforts conducted between the U.S. government and foreign
governments, or between nongovernmental organizations and
foreign counterparts, to reduce such risks. The amendments
would also require assessment of the willingness of the above
governments to engage in such discussions.
Report on nuclear forces of the United States and near-peer countries
(sec. 1676)
The Senate bill contained a provision (sec. 1243) that
would require the Secretary of Defense, in coordination with
the Director of National Intelligence (DNI) and the Secretary
of State, to submit a report on Russian nuclear systems
deployed or under development not covered by New START, Russian
non-deployed strategic nuclear systems, nuclear modernization
programs of China, and the implications of these assessments on
the New START central limits.
The House amendment contained a similar provision (sec.
1652) that would require the Secretary of Defense, in
coordination with the DNI, to submit a report to the
congressional defense committees on current and planned nuclear
systems of the United States, Russia, and China, including
projections through 2040.
The Senate recedes with an amendment that would change
the report's deadline to February 15, 2020, and specify the
inclusion of Russian nuclear systems deployed or under
development not covered by New START and Russian non-deployed
strategic nuclear systems.
Report on operation of conventional forces of military departments
under employment or threat of employment of nuclear weapons
(sec. 1677)
The Senate bill contained a provision (sec. 6603) that
would require the secretaries of the military departments, and
the Commandant of the Marine Corps, to each submit to the
congressional defense committees a report detailing measures
taken to ensure the ability of conventional forces to operate
under employment or threat of employment of nuclear weapons.
The House amendment contained no similar provision.
The House recedes with amendments that would consolidate
the four reports into a single report by the Secretary of
Defense, in coordination with the service secretaries, and
modify elements of the report's contents.
Report on operation of conventional forces of certain combatant
commands under employment or threat of employment of nuclear
weapons (sec. 1678)
The Senate bill contained a provision (sec. 6604) that
would require the Commander, U.S. European Command, and the
Commander, U.S. Indo-Pacific Command, to each submit a report
to the congressional defense committees detailing measures
taken to ensure the ability of conventional forces to operate
under employment or threat of employment of nuclear weapons.
The House amendment contained no similar provision.
The House recedes with amendments that would consolidate
the two reports into a single report from the Chairman of the
Joint Chiefs of Staff, in coordination with the Commanders of
U.S. European Command, U.S. Indo-Pacific Command, and U.S.
Strategic Command, and modify elements of the report's
contents.
Briefings on plan for future-systems-level architecture of nuclear
command, control, and communications systems (sec. 1679)
The House amendment contained a provision (sec. 1648)
that would require the Secretary of Defense, in coordination
with the Commander of U.S. Strategic Command, to submit a plan
on the future of nuclear command, control, and communications
systems within 270 days of the date of enactment of this Act.
The provision would also require the Secretary to provide an
interim briefing within 90 days of the date of enactment.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would change the
requirement to a series of biannual briefings beginning in
February 2020 through 2025, and modify some elements contained
within the plan, including the addition of an assessment of
personnel required to evaluate and execute the architecture.
Sense of Congress on nuclear deterrence commitments of the United
States (sec. 1680)
The Senate bill contained a provision (sec. 1667) that
would express the sense of the Senate on the importance of the
extended nuclear deterrence commitments of the United States,
including forward deployment of U.S. dual-capable aircraft.
The House amendment contained no similar provision.
The House recedes with several clarifying amendments.
Subtitle E--Missile Defense Programs
National missile defense policy (sec. 1681)
The Senate bill contained a provision (sec. 1672) that
would express the sense of the Senate regarding the need for a
comprehensive U.S. missile defense policy and program. It would
also modify national missile defense policy as established by
section 1681 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) to add defense against
cruise and hypersonic missile threats. Finally, the provision
would require the Secretary of Defense to redesignate all
Department of Defense strategies, policies, programs, and
systems to reflect that U.S. missile defense programs defend
against ballistic, cruise, and hypersonic missiles in all
phases of flight.
The House amendment contained a provision (sec. 1661)
that would modify section 1681 to reflect the principles
governing U.S. missile defense as outlined by the 2019 Missile
Defense Review (MDR), and would require the Director of Cost
Assessment and Program Evaluation (CAPE) to provide a briefing
to the Committees on Armed Services of the House and Senate.
The Senate recedes with several clarifying amendments, as
well as amendments that would strike the briefing requirement
and retain the redesignation requirement from the Senate bill.
The conferees direct the CAPE Director to provide to the
congressional defense committees, no later than January 31,
2020, a briefing on the programmatic impacts of implementation
of the 2019 MDR across the Department.
Development of space-based ballistic missile intercept layer (sec.
1682)
The House amendment contained a provision (sec. 1664)
that would repeal the requirement contained in section 1688(c)
of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91) for the Director of the Missile Defense
Agency to establish a space test bed to conduct research on a
space-based missile intercept layer.
The Senate bill contained no similar provision.
The Senate recedes.
Development of hypersonic and ballistic missile tracking space sensor
payload (sec. 1683)
The Senate bill contained a provision (sec. 1673) that
would require the Secretary of Defense to assign primary
responsibility for the development and deployment of a
hypersonic and ballistic tracking space sensor (HBTSS) to the
Director of the Missile Defense Agency (MDA). The provision
would also require the Comptroller and the Director of Cost
Assessment and Program Evaluation to certify to the
congressional defense committees whether this program is fully
funded through the future years defense program submitted with
the fiscal year 2021 budget request, and require the Director
of the MDA to begin on-orbit testing of the system no later
than December 31, 2021. Finally, the provision would require
the Secretary to submit a report on efforts relating to space-
based sensing and tracking capabilities for missile defense at
the MDA, the Defense Advanced Research Projects Agency (DARPA),
the Air Force, and the Space Development Agency (SDA).
The House amendment contained a provision (sec. 1662)
that would require the Director of the MDA, in coordination
with the Director of the SDA and the Secretary of the Air
Force, to develop an HBTSS payload and integrate it into the
broader space-based sensing architecture in support of the
ballistic missile defense system. The provision would also
require the Director of the MDA to submit to the appropriate
congressional committees a plan for how the Director, in
coordination with the Director of the SDA and the Secretary of
the Air Force, will develop and integrate such a payload, how
such a payload will address the U.S. Strategic Command
requirement, and estimated costs to develop, acquire, deploy,
operate, and sustain this payload.
The Senate recedes with an amendment that would make the
Secretary of Defense responsible for submitting the plan, and
include the requirement to report on efforts across the MDA,
DARPA, the Air Force, and SDA. The amendment would also retain
the requirement from the Senate bill for the Secretary to
assign primary responsibility for development of an HBTSS
payload to the Director of the MDA, and to submit to the
congressional defense committees a certification of such
assignment.
Modifications to required testing by Missile Defense Agency of ground-
based midcourse defense element of ballistic missile defense
system (sec. 1684)
The Senate bill contained a provision (sec. 1677) that
would express the sense of the Senate on a highly successful
2018 Missile Defense Agency (MDA) flight test campaign.
The House amendment contained a provision (sec. 1671)
that would modify requirements for flight testing of the
ground-based midcourse defense (GMD) element of the ballistic
missile defense system pursuant to section 1689 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328), including by eliminating the ability for the Director of
the MDA to forgo a test of the GMD in any given year due to any
condition not specified in subsection (c) of section 1689.
The Senate recedes with an amendment that would strike
the elimination of such ability but retain the other
modifications in the House amendment.
The conferees commend the MDA and all other Department
components involved on a successful 2018 flight test campaign,
especially on FTG-11, the first salvo test of the GMD system.
Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production (sec.
1685)
The Senate bill contained a provision (sec. 1671) that
would authorize funds for the Missile Defense Agency to provide
to the Government of Israel to procure components for the Iron
Dome short-range rocket defense system, the David's Sling
Weapon System, and the Arrow 3 Upper Tier Interceptor Program,
including through co-production of such components in the
United States. The provision would also provide a series of
certification requirements relating to implementation of the
relevant bilateral agreements before disbursal of these funds,
consistent with previous legislative requirements.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Limitation on availability of funds for lower tier air and missile
defense sensor (sec. 1686)
The House amendment contained a provision (sec. 1668)
that would limit obligation or expenditure of funds for fiscal
year 2020 to 75 percent for the Army for the lower tier air and
missile defense sensor until the Secretary of the Army provides
a report to the congressional defense committees on the results
of the test events held in the third quarter of fiscal year
2019, and on the decision of the Army to award a contract for
initial operational capability based on those test events.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Plan for the redesigned kill vehicle replacement (sec. 1687)
The Senate bill contained a provision (sec. 1675) that
would require the Director of the Missile Defense Agency (MDA)
to submit a report to the congressional defense committees on
the delay in the Redesigned Kill Vehicle (RKV) program.
The Senate bill also contained a provision (sec. 1676)
that would require the Director to submit a report on options
to increase the capability, capacity, and reliability of the
ground-based midcourse defense system, including the
infrastructure requirements for increasing the number of
ground-based interceptors.
The House amendment contained a provision (sec. 1663)
that would express the sense of Congress that the Director of
the MDA must address the technical issues with the RKV program
before moving forward with development, procurement, and
fielding of the vehicle. The provision would also modify the
waiver contained in section 1683(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), which prohibited a lot production decision for
the RKV until after a successful intercept flight test, such
that the Secretary of Defense would also need to conduct an
assessment of the missile developments of both North Korea and
Iran during the 18-month period preceding the date of the
waiver.
The House recedes with amendments that would add a sense
of Congress addressing the termination by the Department of the
RKV contract in August 2019 and encouraging the Director to
proceed with a follow-on program guided by principles of
responsible acquisition, including conducting a successful
flight test before making production decisions. The amendments
would also modify certain elements of the reporting requirement
to reflect the program replacing the RKV, and include elements
of the report from section 1676 of the Senate bill. Finally,
the amendments would prohibit the obligation or expenditure of
more than 50 percent of fiscal year 2020 funds for the next-
generation improved homeland defense interceptor until the
Secretary of Defense submits such report.
Organization, authorities, and billets of the Missile Defense Agency
(sec. 1688)
The Senate bill contained a provision (sec. 1674) that
would express the sense of the Senate in support of the
nonstandard acquisition processes used by the Missile Defense
Agency (MDA). It would also prohibit obligation or expenditure
of funds to change these processes until the Secretary of
Defense has consulted with a number of senior defense officials
with responsibility for aspects of missile defense, submitted a
report to the congressional defense committees, and allowed 270
days to elapse after submittal.
The House amendment contained a provision (sec. 1665)
that would contain a similar prohibition on obligation or
expenditure of funds until the Secretary notifies the
congressional defense committees of the proposed changes to the
nonstandard acquisition processes, and allows 90 days to elapse
after such notification. The provision would also require the
Secretary of Defense to enter into a contract with a federally
funded research and development center (FFRDC) to assess the
organization of the MDA under the Under Secretary of Defense
for Research and Engineering, in comparison with alternative
organizational structures, and assess the risks and benefits of
transitioning the MDA to the standard Department of Defense
acquisition process. Finally, the provision would prohibit the
Secretary of Defense from transferring civilian or military
billets from the MDA to any element of the Department under the
authority of the Under Secretary of Defense for Research and
Engineering until the Secretary notifies the congressional
defense committees of the proposed transfer, and allows 90 days
to elapse after such notification.
The Senate recedes with an amendment that would extend
the deadline for submission of the FFRDC assessment by 30 days,
retain the report required in the notice in the Senate
provision with the addition of the Under Secretary of Defense
for Acquisition and Sustainment as a consulted official, and
change the waiting period after the notification of any change
to the acquisition processes to 120 days.
Annual assessment of ballistic missile defense system (sec. 1689)
The House amendment contained a provision (sec. 1670)
that would express the sense of Congress that operational test
and evaluation of the ballistic missile defense system (BMDS)
should be conducted thoroughly in accordance with title 10,
United States Code. The provision would also require the
Director of Operational Test and Evaluation to include in the
annual report to Congress under section 139 of title 10, United
States Code, an assessment of the BMDS, including all elements
of the system that are fielded or are planned to be fielded.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the sense of Congress.
Command and control, battle management, and communications program
(sec. 1690)
The House amendment contained a provision (sec. 1669)
that would prohibit the Missile Defense Agency (MDA) from
releasing the command and control, battle management, and
communications (C2BMC) program to foreign partners until the
Director of the MDA submits a report to the appropriate
congressional committees.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Missile defense interceptor site in contiguous United States (sec.
1691)
The Senate bill contained a provision (sec. 1679) that
would require the Secretary of Defense to make available to the
public the Environmental Impact Statement (EIS) prepared in
accordance with section 227(b) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239).
The House amendment contained a provision (sec. 1666)
that would require the Secretary of Defense to designate the
preferred location of a missile defense site in the contiguous
United States from among the locations evaluated pursuant to
section 227. The provision would also require the Secretary to
submit to the congressional defense committees a report on such
designation.
The Senate recedes with an amendment that would strike
the requirement to designate a preferred location but retain
the requirement for a report.
The conferees note that the EIS was made available to the
public in August 2019. The conferees also note that the
Secretary identified a preferred location in June 2019, while
maintaining the determination made in the Missile Defense
Review that there is no operational requirement to develop a
third site in the contiguous United States at this time.
Independent study on impacts of missile defense development and
deployment (sec. 1692)
The House amendment contained a provision (sec. 1672)
that would require the Secretary of Defense to enter into an
agreement with the National Academy of Sciences to conduct a
study on the impacts of the development and deployment of U.S.
long-range missile defenses on the security of the United
States as a whole.
The Senate bill contained no similar provision.
The Senate recedes with several clarifying amendments and
an amendment that would change the entity conducting the study
to a federally funded research and development center.
Report and briefing on multi-volume kill capability (sec. 1693)
The House amendment contained a provision (sec. 1673)
that would require the Under Secretary of Defense for Research
and Engineering to submit to the congressional defense
committees a report on the potential need for a multi-object
kill vehicle in future architecture of the ballistic missile
defense system.
The Senate bill contained no similar provision.
The Senate recedes with several technical and clarifying
amendments, as well as an amendment that would require the
Under Secretary to coordinate such report with the Director of
the Missile Defense Agency, the Under Secretary of Defense for
Acquisition and Sustainment, and the Director of Cost
Assessment and Program Evaluation.
Subtitle F--Other Matters
Extension of authorization for protection of certain facilities and
assets from unmanned aircraft (sec. 1694)
The Senate bill contained a provision (sec. 1682) that
would provide an extension of the authority that exists in
Title 10, United States Code, section 130i, for protection of
Department of Defense facilities and assets associated with
certain mission areas from unauthorized operation of unmanned
aircraft.
The House amendment contained no similar provision.
The House recedes with an amendment that would extend the
existing authority to the year 2023.
The conferees also direct the Secretary of Defense to
provide a report to the congressional defense committees not
later than April 1, 2020 that details how the Secretary plans
to protect Department of Defense ammunition manufacturing
facilities that are government-owned and contractor-operated
from unauthorized overflight of unmanned aircraft not covered
by the protection authority provided under Title 10, United
States Code, section 130i, concerning protection of certain
facilities and assets from unmanned aircraft. The report should
also include recommendations, if appropriate, regarding any
legislative authorities that may be required to protect these
facilities.
Repeal of requirement for commission on electromagnetic pulse attacks
and similar events (sec. 1695)
The House amendment contained a provision (sec. 1683)
that would acknowledge the release of the Executive Order dated
March 26, 2019, on coordinating national resilience to
electromagnetic pulses (EMP), and repeal the requirement in
section 1691 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) for a congressional
commission on EMP.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the findings.
Repeal of review requirement for ammonium perchlorate report (sec.
1696)
The House amendment contained a provision (sec. 1682)
that would repeal the requirement for the Comptroller General
of the United States to review the report required by section
1684(c) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
The Senate bill contained no similar provision.
The Senate recedes.
Transferability of conventional prompt global strike weapon system
technologies to surface-launched platforms (sec. 1697)
The House amendment contained a provision (sec. 1684)
that would express the sense of Congress related to hypersonic
weapon systems, prohibit any fiscal year 2020 funds for a
submarine-launched conventional prompt global strike capability
unless such capability is transferable to a surface-launched
platform, and require the Secretary of the Navy to submit a
report to the congressional defense committees on the
programmatic changes required to integrate such a system into
surface ships.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
sense of Congress and change the prohibition to a requirement
that the Secretary of the Navy ensure that technologies
developed for such a system are transferable to surface-
launched platforms.
Prohibition on availability of funds for certain offensive ground-
launched ballistic or cruise missile systems (sec. 1698)
The House amendment contained a provision (sec. 1270J)
that would make a series of findings related to the U.S.
withdrawal from the Intermediate-Range Nuclear Forces (INF)
Treaty. The provision would also prohibit the use of any funds
authorized to be appropriated by this Act for research and
development, procurement, or deployment of a ground-launched
intermediate-range ballistic or cruise missile system, unless
the Secretary of Defense submits a report to Congress related
to the termination of the INF Treaty and the development or
deployment of INF-range missile systems.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would strike the
findings and modify the prohibition to apply only to fiscal
year 2020 funds for procurement or deployment of such systems.
The amendments would also separate the report from the
prohibition, modify the required contents of the report, and
apply a deadline of January 31, 2020.
Hard and deeply buried targets (sec. 1699)
The Senate bill contained a provision (sec. 1683) that
would require the Chairman of the Joint Chiefs of Staff, in
consultation with the Commander of U.S. Strategic Command, to
submit to the congressional defense committees a classified
report on hard and deeply buried targets associated with U.S.
military operations plans, including an assessment of the
ability of the United States to hold such targets at risk
currently and as projected in 2030. The provision would also
require the Secretary of Defense to develop a plan to ensure
the United States possesses capabilities to pose a credible
deterrent threat against such targets by 2025, and submit a
recurring certification that such plan is being implemented.
The House amendment contained no similar provision.
The House recedes with amendments that would change the
report to a briefing, strike the certification requirement, and
add certain elements to the content of the briefing.
LEGISLATIVE PROVISIONS NOT ADOPTED
Intelligence assessment of relationship between women and violent
extremism
The House amendment contained a provision (sec. 1614)
that would require, not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence, in consultation with the
Secretary of Defense, the Secretary of State, and the head of
any element of the intelligence community the Director
determines appropriate, shall submit an intelligence assessment
on the relationship between women and violent extremism and
terrorism.
The Senate bill contained no similar provision.
The House recedes.
The conferees note that elsewhere in this Act is a
provision that would require the Secretary of Defense to seek
to enter into a contract with an independent research and
development center to conduct an independent analysis on gender
and violent extremism.
Modification of term of Commander of Air Force Space Command
The Senate bill contained a provision (sec. 1614) that
would change the term of the Commander, Air Force Space
Command, from 6 years to 4 years.
The House amendment contained no similar provision.
The Senate recedes.
Funding for Defense Counterintelligence and Security Agency
The House amendment contained a provision (sec. 1615)
that would increase, by $5,206,997 the amounts available in
section 301 for Operation and Maintenance for Defense Security
Service for the purposes of acquiring advanced cyber threat
detection sensors, hunt and response mechanisms, and commercial
cyber threat intelligence. The provision would include an
offset in section 4101, for Integrated personnel and pay
system.
The Senate amendment contained no similar provision.
The House recedes.
Report on potential Defense Intelligence Polygraph Examination Military
Transition Program
The House amendment contained a provision (sec. 1616)
that would require, not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States to submit a report assessing the feasibility of
establishing a Defense Intelligence Polygraph Examination
Military Transition Program for members of the Armed Services
transitioning to civilian employment.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Comptroller General of the
United States to submit a report not later than one year after
the date of enactment of this Act to the Armed Services
Committees of the House of Representatives and the Senate that
assesses the advisability and feasibility of establishing a
Defense Intelligence Polygraph Examination Military Transition
Program for members of the Armed Forces transitioning to
civilian employment. The report shall include, at a minimum,
the following:
(1) A review of the feasibility of establishing a program
in the Department of Defense under which members of the Armed
Forces with an active top secret security clearance that
provides for access to sensitive compartmented information and
a current counterintelligence scope polygraph examination can
be provided an opportunity to obtain an expanded scope
polygraph (ESP) if the member receives a written offer of
employment, subject to suitability or security vetting, with an
element of the intelligence community or a contractor of such
an element;
(2) The cost to the Department of Defense for
implementing such program and whether such cost could be shared
by other departments or agencies of the Federal Government or
the private sector;
(3) The factors the Department needs to consider in
determining whether such program would be viable;
(4) The obstacles that exist in implementing such
program;
(5) Whether such a program could increase workforce
diversity in the intelligence community;
(6) Whether such a program could increase or decrease
retention among members of the Armed Forces serving in defense
intelligence roles;
(7) Whether any changes are required to be made to
policies of the Department or to Federal law to implement such
a program;
(8) Identification of the current average length of time
in the intelligence community to investigate and adjudicate an
initial and a periodic update top secret security clearance
that provides for access to sensitive compartmented information
and conduct an expanded scope polygraph;
(9) Any other matters the Comptroller General deems
relevant.
National Security Space Launch Program
The Senate bill contained a provision (sec. 1616) that
would prohibit the Secretary of the Air Force from modifying
the acquisition schedule for phase 2 of the National Security
Space Launch (NSSL) program or from awarding missions to more
than two launch service providers.
The House amendment contained a similar provision (sec.
1601) that would require the Secretary of the Air Force to stay
on schedule for Phase 2 of the NSSL program, but would reopen
competition after the first 29 launches of phase 2 and award
$500 million to providers that have not entered into a phase 2
contract for launch services occurring before fiscal year 2022,
or have entered into a phase 2 contract but have not entered
into a Launch Services Agreement, or both. The provision would
require the Secretary of the Air Force to notify Congress of
its down select decision before the public announcement, and
require a report on the total defense investments made for each
awardee and how such investments were accounted for in the
evaluation of the offers.
The conference agreement does not include either
provision.
Cybersecurity Defense Academy pilot program
The House amendment contained a provision (sec. 1636)
that would require the Secretary of Defense to carry out a
pilot program to create a public-private partnership that would
train and place veterans as cybersecurity personnel within the
Department of Defense.
The Senate bill contained no similar provision.
The House recedes.
Expansion of authority for access and information relating to
cyberattacks on Department of Defense operationally critical
contractors
The Senate bill contained a provision (sec. 1644) that
would amend section 391 of title 10, United States Code, to
extend the ability of the Department of Defense (DOD) to react
immediately to reports of intrusions that may affect critical
DOD data.
The House amendment contained no similar provision.
The Senate recedes.
The conferees are sympathetic to the need for this
additional authority, which the Department already has in the
case of cleared defense contractors and which the Department
requested via a legislative proposal. The Department relies on
operationally critical contractors to move troops and supplies
across the world, in peacetime and during conflict, and
adversaries' cyberattacks on these critical contractors pose a
genuine threat to the Department's conduct of operations. The
conferees, however, are concerned that the Department's
legislative proposal was not scoped in such a way that this
authority would be operationalized through contractual
mechanisms. The conferees are also concerned that the
Department's broader efforts to improve the cybersecurity of
its contractors and the Department's ability to respond in the
event of a cyberattack are primarily focused on the defense
industrial base as traditionally conceived of--namely, those
companies that supply the Department's weapons systems. The
cybersecurity of operationally critical contractors is at least
as important as that of traditional defense industrial base
contractors, and the conferees seek greater clarity as to what
efforts are underway to ensure their cybersecurity.
The conferees therefore direct the Commander of U.S.
Transportation Command, the Under Secretary of Defense for
Acquisition and Sustainment, the Chief Information Officer, and
the Director of the Protecting Critical Technologies Task Force
to brief the Committees on Armed Services of the Senate and
House of Representatives, no later than 90 days after the
enactment of this Act, on: (1) The expected use-case for the
requested authority; (2) The expected implementation through
contractual mechanisms of such an authority; (3) The need for
and purpose of subsections (2) and (3) of the legislative
proposal; and (4) How the Department is treating operationally
critical contractors within its broader efforts to secure the
defense industrial base against cyber attacks and respond, in
the event of a cyberattack, more aggressively in its
investigatory and counterintelligence actions.
The conferees look forward to this briefing and to
legislating on this issue in the Fiscal Year 2021 National
Defense Authorization Act.
Briefing on memorandum of understanding relating to joint operational
planning and control of cyberattacks of national scale
The Senate bill contained a provision (sec. 1645) that
would require the Secretary of Defense to provide a briefing,
not later than March 1, 2020, to the congressional defense and
homeland security committees on the Joint Department of Defense
and Department of Homeland Security Memorandum of
Understanding, signed by the Secretary of Defense on October 6,
2018.
The House amendment contained no similar provision.
The Senate recedes. The conferees direct the Secretary of
Defense to provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing on the Joint
Department of Defense and Department of Homeland Security
Memorandum of Understanding signed by the Secretary of Defense
on October 6, 2018.
The briefing shall include information on the following:
(1) The number of planners assigned by the Department of
Defense to line of effort three and line of effort four and the
areas of expertise of those planners; (2) Whether the these
planners are physically co-located with their counterparts in
the Department of Homeland Security and are assigned full-time
or part-time to line of effort three and line of effort four;
(3) Under what authority these planners have been assigned; (4)
The status of the development of operational plans and
playbooks that will be implemented in response to actual
cyberattacks of national scale; (5) The standing arrangements
for interagency coordination and orchestration of response in
the event of a cyberattack of national scale, including the
status of the process established in Presidential Policy
Directive-41 and the relevant principal, organization, and
staff tasked with orchestrating a whole-of-government response;
(6) The charter and implementation plan of the Joint Department
of Defense and Department of Homeland Security Cyber Protection
and Defense Steering Group; (7) The status of any Department of
Defense cyber intelligence activities and operational
preparation of the environment intended specifically to deter
and disrupt adversary cyberattacks on United States critical
infrastructure and planned in coordination with the Department
of Homeland Security; (8) The current operational planning
activities and standing arrangements between the Department of
Defense and Department of Energy, including a determination as
to whether the Secretary of Energy can directly request Defense
Support of Civil Authorities; and (9) The status of
implementing section 1650 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) on the pilot program authority to enhance cybersecurity
and resilience of critical infrastructure.
Prohibition on availability of funds for deployment of low-yield
ballistic missile warhead
The House amendment contained a provision (sec. 1646)
that would prohibit the use of any funds authorized to be
appropriated for fiscal year 2020 by this Act for deployment of
the W76-2 warhead.
The Senate bill contained no similar provision.
The House recedes.
Sense of the Senate on industrial base for ground-based strategic
deterrent program
The Senate bill contained a provision (sec. 1666) that
would express the sense of the Senate on the importance of
ensuring the viability of the industrial base for large solid
rocket motors for the ground-based strategic deterrent program.
The House amendment contained no similar provision.
The Senate recedes.
The conferees encourage the Secretary of Defense to
continue to consider the long-term health and viability of the
industrial base when structuring and awarding major procurement
or development contracts.
Missile defense radar in Hawaii
The House amendment contained a provision (sec. 1667)
that would allow the Missile Defense Agency to use research,
development, test, and evaluation (RDT&E) funds for fiscal year
2020 to construct portions of the Homeland Defense Radar-Hawaii
(HDR-H).
The Senate bill contained no similar provision.
The House recedes.
The conferees note that the Missile Defense Agency
notified Congress that the HDR-H project has been delayed due
to activities regarding the environmental impact statement. Due
to these delays, the Department's previous legislative proposal
requesting use of RDT&E funds for HDR-H radar elements would
not be executable in fiscal year 2020.
Sense of the Senate on missile defense technology development
priorities
The Senate bill contained a provision (sec. 1678) that
would express the sense of the Senate on the importance of
advanced missile defense technologies in preventing and
defeating the rapidly expanding offensive missile threat.
The House amendment contained no similar provision.
The Senate recedes.
Modification to reports on certain solid rocket motors
The House amendment contained a provision (sec. 1681)
that would modify the reporting requirement contained in
section 1696 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) to
include the provision of space launch services, and to require
coordination with the Administrator of the National Aeronautics
and Space Administration.
The Senate bill contained no similar provision.
The House recedes.
Sense of Senate on support for a robust and modern ICBM force to
maximize the value of the nuclear triad of the United States
The Senate bill contained a provision (sec. 6602) that
would express the sense of the Senate in support of a robust
and modern intercontinental ballistic missile (ICBM) force.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that, while the United States has
reduced the number of deployed ICBMs in order to comply with
New START limits, other countries have continued to enhance,
enlarge, or modernize their ICBM forces.
Title XVII--Reports and Other Matters
Subtitle A--Studies and Reports
Modification of annual reporting requirement on defense manpower (sec.
1701)
The Senate bill contained a provision (sec. 1051) that
would amend section 115a of title 10, United States Code, to
rename, change the due date of, and modify the elements of the
Defense Manpower Requirements Report. The provision would also
require that the (renamed) Defense Manpower Profile Report be
delivered to the Congress each year by April 1. Additionally,
the provision would repeal reporting requirements related to
contractor personnel, major military force unit justifications,
support and overhead manpower functions, overseas manpower,
medical personnel, and the military technician program.
Finally, the provision would set separate due dates for
reporting requirements related to major Department of Defense
headquarters activities and the diversity of the Armed Forces.
The House amendment contained no similar provision.
The House recedes with an amendment that would repeal
reporting requirements related to contractor personnel, major
military force unit justifications, support and overhead
manpower functions, and overseas manpower. Reports related to
medical personnel and the military technician program would
continue to be required to be submitted to the Congress.
Termination of requirement for submittal to Congress of certain
recurring reports (sec. 1702)
The House amendment contained a provision (sec. 1073)
that, effective on December 30, 2121, would terminate the
requirement that the Department of Defense submit to the
Congress any a recurring report required by an annual national
defense authorization act enacted on or after December 30,
2016.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
the requirement for the Department of Defense to submit to
Congress the 10 reports specifically enumerated. In addition,
the amendment would provide that except as expressly provided
in the law, any report submitted to Congress pursuant to a
provision of the National Defense Authorization Act shall be
written by a civilian employee of the Federal Government, a
member of the Armed Forces, or both, and not by a contractor.
This limitation will take effect for reports enacted in law on
or after the date that is three years after the date of the
enactment of this Act. Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
provide a briefing to the Committees on Armed Services of the
Senate and the House of Representatives on the actions to be
taken to implement this limitation.
Modification of annual report on civilian casualties in connection with
United States military operations (sec. 1703)
The Senate bill contained a provision (sec. 1053) that
would extend through December 31, 2025, the reporting
requirement established by section 1057 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), as
most recently amended by section 1062 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
The House amendment contained a similar provision (sec.
1063) that would modify and extend for ten years section 1057
of the fiscal year 2018 National Defense Authorization Act, as
most recently amended by section 1062 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
The Senate recedes with an amendment that would extend
for 7 years section 1057 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), as most recently
amended by section 1062 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) and
add elements to the required report.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
45 days following the enactment of this Act identifying any
instances from the preceding year in which an individual was
determined to be a combatant solely based upon proximity to the
intended target or location of a strike or other United States
military direct action operation.
Extension of requirement for briefings on the national biodefense
strategy (sec. 1704)
The Senate bill contained a provision (sec. 1084) that
would amend section 1086(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) by
extending to March 1, 2025, the requirement for annual
briefings on the status and implementation plan of the National
Biodefense Strategy.
The House amendment contained no similar provision.
The House recedes.
Authorization of appropriations for title III of the Defense Production
Act of 1950 (sec. 1705)
The Senate bill contained a provision (sec. 6017) that
would amend section 711 of the Defense Production Act of 1950
(50 U.S.C. 4561) to designate, for each of fiscal years 2020
through 2024, an additional $117.0 million above the current
authorization level of $133.0 million for carrying out the
provisions and purposes of the Defense Production Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would make
technical changes and require an annual briefing to
congressional committees on such activities.
Report on the Department of Defense plan for mass-casualty disaster
response operations in the Arctic (sec. 1706)
The Senate bill contained a provision (sec. 1056) that
would require the Secretary of Defense, in coordination with
the Secretary of Homeland Security, to submit a report on the
plan of the Department of Defense for assisting mass-casualty
disaster response operations in the Arctic.
The House amendment contained no similar provision.
The House recedes.
Transmittal to Congress of requests for assistance from other
departments of the Federal Government that are approved by the
Department of Defense (sec. 1707)
The Senate bill contained a provision (sec. 1058) that
would require the Secretary of Defense to transmit
electronically requests for assistance received from the
Department of Homeland Security or the Department of Health and
Human Services to the Committees on Armed Services of the
Senate and the House of Representatives not later than 7
calendar days after receiving those requests. The provision
also requires the Secretary to transmit any responses to such
requests.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Report and briefing on implementation of national defense strategy
(sec. 1708)
The House amendment contained two provisions (secs. 1052
and 1074) that would facilitate implementation of the National
Defense Strategy (NDS) by requiring the Department of Defense
to review its operational concepts and plans regarding
strategic competitors on matters identified in the NDS.
The Senate recedes with an amendment that would require
two independent studies, to be performed by a federally funded
research and development center and an independent, non-
governmental institute, on the development of joint operational
concepts within the Department of Defense.
The conferees note the pivotal importance of NDS
implementation to national security and strongly encourage the
Department of Defense to continue to construct and validate new
joint operational concepts to accomplish the objective of
deterring and, if necessary, defeating strategic competitors.
Actions to increase analytic support (sec. 1709)
The House amendment contained a provision (sec. 1053)
that would require the Department to provide an assessment of
the decision support capacity, specifically the analytic
expertise resident within the Department, to link National
Defense Strategy (NDS) objectives to innovative approaches to
meet future challenges.
The Senate bill contained a provision (sec. 1052) that
would require a report from the Department of Defense on the
plan and processes the Department is setting forth to provide
analytic support to senior leaders for force planning, as it
relates to implementing the NDS.
The Senate recedes with a clarifying amendment.
The conferees note the fundamental importance of
underlying analytic capability to the effective implementation
of the NDS as well as to making fully-informed and timely
decisions regarding national security.
Inclusion of certain individuals investigated by Inspectors General in
the semiannual report (sec. 1710)
The House amendment contained a provision (sec. 1064)
that would require the Office of the Inspector General of the
Department of Defense to include in its quarterly reports, the
already-public names of senor officials who commit misconduct.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
section 5(a)(19) of the Inspector General Act of 1978 (Public
Law 95-452), to require an Inspector General to include in
semiannual reports, a report on each investigation conducted by
the Office involving a senior Government employee against whom
allegations of misconduct were substantiated, including the
name of the senior government official (as that term is defined
by the department or agency), if already made public, together
with: (1) The facts and circumstances of the investigation; and
(2) The status and disposition of the matter, including if it
was referred to the Department of Justice and that department's
action on the referral.
Annual report on Joint Military Information Support Operations Web
Operations Center (sec. 1711)
The House amendment contained a provision (sec. 1065)
that would require the Commander of U.S. Special Operations
Command to provide an annual report to the congressional
defense committees not later than March 1 of each year on the
Joint Military Information Support Operations Web Operations
Center.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Mobility capability requirements study (sec. 1712)
The House amendment contained a provision (sec. 1066)
that would require the Assistant Secretary of Defense for
Special Operations/Low-Intensity Conflict and the Commander,
U.S. Transportation Command, to submit a report and a briefing
to the House Committee on Armed Services by January 1, 2021,
with an interim update by June 1, 2020, assessing the
operational risk for meeting the mobility requirements of the
geographic combatant commanders.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Assessment of special operations force structure (sec. 1713)
The House amendment contained a provision (sec. 1067)
that would require the Secretary of Defense not later than 30
days after the date of enactment of this Act to enter into an
agreement with a federally funded research and development
center for the conduct of an independent assessment of the
force structure and roles and responsibilities of special
operations forces.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Army aviation strategic plan and modernization roadmap (sec. 1714)
The House amendment contained a provision (sec. 1068)
that would require the Secretary of the Army to develop a
comprehensive strategic plan for Army aviation and to provide a
report to Congress containing the required comprehensive
strategic plan and an analysis of sustainment and modernization
decisions to meet such plan.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Report on ground based long-range artillery to counter land and
maritime threats (sec. 1715)
The House amendment contained a provision (sec. 1069)
that would require the Secretary of Defense to provide a report
to the Committees on Armed Services of the Senate and House of
Representatives on the efforts of the Army and Marine Corps to
develop and deploy ground-based long-range rocket and cannon
artillery to counter land and maritime threats.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Independent review of transportation working-capital fund (sec. 1716)
The House amendment contained a provision (sec. 1070)
that would require the Secretary of Defense, in coordination
with the Secretaries of the military departments, to contract
with an independent federally funded research and development
center to conduct a review of the Transportation Working
Capital Fund of the U.S. Transportation Command.
The Senate bill contained no similar provision.
The Senate recedes.
Geographic command risk assessment of proposed use of certain aircraft
capabilities (sec. 1717)
The House amendment contained a provision (sec. 1071)
that would require selected commanders of geographic combatant
commands to provide a report to the congressional defense
committees not later than March 31, 2020, that assesses the
level of operational risk posed by the plans of the Department
of the Air Force and the Department of the Navy to provide a
mix of fifth generation and advanced fourth generation tactical
aircraft capabilities to meet each commanders' contingency and
steady-state operational requirements.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Report on the backlog of personnel security clearance adjudications
(sec. 1718)
The House amendment contained a provision (sec. 1076)
that would require the Suitability Executive Agent to submit a
report to Congress on the backlog of personnel security
clearance adjudications.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Security Executive Agent, in coordination with members of
the Performance Accountability Council, to submit a report to
Congress on the backlog of personnel security clearance
adjudications conducted by all Government agencies that
adjudicate decisions for security clearances.
Report regarding outstanding Government Accountability Office
recommendations (sec. 1719)
The House amendment contained a provision (sec. 1080C)
that would direct the Secretary of Defense to report to
Congress on the priority recommendations of the Comptroller
General of the United States regarding matters of the
Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to report on priority recommendations
that have not yet been implemented due to funding limitations
and the estimated costs associated with implementing such
recommendations.
Report on National Guard and United States Northern Command capacity to
meet homeland defense and security incidents (sec. 1720)
The Senate bill contained a provision (sec. 6010) that
would require, not later than September 30, 2020, the Chief of
the National Guard Bureau, in consultation with the Commander
of United States Northern Command (NORTHCOM), to provide a
report that assesses National Guard and NORTHCOM resources and
readiness.
The House amendment contained an identical provision
(sec. 520C).
The conference agreement includes this provision.
Assessment of standards, processes, procedures, and policy relating to
civilian casualties (sec. 1721)
The House amendment contained a provision (sec. 1087)
that would require the Secretary of Defense to enter into an
agreement with a federally funded research and development
center for conduct of an independent assessment of the
sufficiency of Department of Defense standards, processes,
procedures, and policy relating to civilian casualties
resulting from United States military operations.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
When conducting the assessment required by this
provision, the conferees encourage the selected federally
funded research and development center to consider whether and
how pre-strike Collateral Damage Estimates are factored in to
post-strike analysis and investigations. The conferees also
commend the Department for their ongoing efforts to engage and
consider the views of non-governmental organizations on issues
surrounding civilian casualties and potential methods to
mitigate such events, and encourage this necessary engagement
to continue as the results of this assessment are considered
and incorporated into Department of Defense policy.
Report on transfers of equipment to prohibited entities (sec. 1722)
The House amendment contained a provision (sec. 1061)
that would amend chapter 16 of title 10, United States Code, to
require an annual report on transfers of equipment to
prohibited entities. The provision would also require the
Secretary of Defense not later than March 1, 2020 to submit a
report to specified congressional committees on the transfer of
defense articles during the period beginning on January 1, 2015
and ending on the date of enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
not later than March 1, 2021 and each subsequent year through
2025, the Secretary of Defense, in coordination with the
Secretary of State, to submit a report to specified
congressional committees on transfers of equipment to
prohibited entities.
Annual report on strikes undertaken by the United States against
terrorist targets outside areas of active hostilities (sec.
1723)
The House amendment contained a provision (sec. 1072)
that would require an annual report to congress not later than
May 1 of each year on the number of strikes undertaken by the
United States against terrorist targets outside areas of active
hostilities during the preceding calendar year, as well as
assessments of combatant and non-combatant deaths resulting
from those strikes.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Director of National Intelligence and the Secretary of
Defense to jointly submit to congress an annual report not
later than May 1, 2020 and for two years thereafter on the
number of strikes undertaken by the United States against
terrorist targets outside areas of active hostilities during
the preceding calendar year, as well as assessments of
combatant and non-combatant deaths resulting from those
strikes.
Review and assessment of mitigation of military helicopter noise (sec.
1724)
The House amendment contained a provision (sec. 1096)
that would require the Secretary of Defense to develop a noise
inquiry website to assist in directing mitigation efforts.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense to conduct a study on the causes and
effects of military helicopter noise on the National Capital
Region.
Subtitle B--Other Matters
Technical, conforming, and clerical amendments (sec. 1731)
The House amendment contained a provision (sec. 1081)
that would make a number of technical, conforming, and clerical
amendments of a non-substantive nature to existing law.
The Senate bill contained no similar provision.
The Senate recedes with technical amendments.
Establishment of lead Inspector General for an overseas contingency
operation based on Secretary of Defense notification (sec.
1732)
The Senate Bill contained a provision (sec. 6511) that
would amend section 113 of title 10, United States Code, to
require the Secretary of Defense to provide written
notification to the Chair of the Council of Inspectors General
on Integrity and Efficiency of the commencement or designation
of a military operation as an overseas contingency operation,
so as to facilitate the Chair's timely designation of a Lead
Inspector General for that overseas contingency operation.
The House amendment contained no similar provision.
The House recedes.
Clarification of authority of Inspectors General for overseas
contingency operations (sec. 1733)
The Senate bill contained a provision (sec. 6512) that
would amend section 8L(d)(2) of the Inspector General Act of
1978 (5 U.S.C. App), to enhance cooperation among Inspectors
General and encourage comprehensive oversight of any
contingency operation. The provision provides that upon request
by the Inspector General with principal jurisdiction over a
matter with respect to a contingency operation, and with the
approval of the lead Inspector General, an Inspector General
specified in the Act may provide investigative support or
conduct an independent investigation of any allegation of
criminal activity by any United States person or agent in the
applicable theater of operations.
In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to a contingency operation, the lead
Inspector General may conduct an independent investigation of
such criminal allegations, or request that an Inspector General
specified in the Act do so.
Finally, the provision clarifies that any Inspector
General responsible for conducting oversight of any program or
operation performed in support of a contingency operation may
coordinate such activities with, and provide information
requested by the lead Inspector General.
The House amendment contained no similar provision.
The House recedes.
Employment status of annuitants for Inspectors General for overseas
contingency operations (sec. 1734)
The Senate bill contained a provision (sec. 6513) that
would amend section 8L(d) of the Inspector General Act of 1978
(5 U.S.C. App.) to permit an annuitant receiving an annuity
under the Foreign Service Retirement and Disability System or
the Foreign Service Pension System to continue to receive a
foreign service annuity while reemployed by an Inspector
General for an overseas contingency operation.
Further, the provision establishes that upon completion
of 2 years of continuous service in the employ of a lead
Inspector General for an overseas contingency operation, an
employee acquires competitive status for appointment to any
position in the competitive service for which he or she
possesses the requisite qualifications. This enhanced
appointment authority will sunset as to persons first employed
by a lead Inspector General for an overseas contingency
operation more than 2 years after the date of the enactment of
this Act.
The House amendment contained no similar provision.
The House recedes.
Extension of National Security Commission on Artificial Intelligence
(sec. 1735)
The Senate bill contained a provision (sec. 1042) that
would delay the termination of the National Security Commission
on Artificial Intelligence to March 1, 2021, and amend the due
dates of the Commission's reports.
The House amendment contained a provision (sec. 1083)
that would delay the termination of the National Security
Commission on Artificial Intelligence to March 1, 2021, and
amend the due date of the Commission's first report.
The House recedes with an amendment that would modify the
termination date and add an authority to accept gifts.
The conferees are pleased that the National Security
Commission on Artificial Intelligence has begun executing its
critical mandate with resolve and purpose. The original intent
of the conferees was to create a Commission with limited
duration and minimal staffing and with status as an independent
entity. The conferees acknowledge the President of the United
States' signing statement of August 13, 2018, that the
Commission will be treated as an independent entity, separate
from the executive branch due to its legislative branch
appointees and the necessity to uphold the separation of
powers. The conferees direct the Secretary of Defense to
provide appropriate resources to enable the Commission to
process and support security classification and administrative
related issues as well as comply with other legal requirements.
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. 1736)
The Senate bill contained a provision (sec. 6004) that
would amend section 101(10A) of title 11, United States Code,
by exempting payments provided by the Department of Veterans
Affairs and the Department of Defense in connection with a
disability, combat-related injury or disability, or death of a
member of the uniformed services from being included in
bankruptcy calculations.
The House amendment contained an identical provision
(sec. 1099K).
The conference agreement includes this provision.
Extension of postage stamp for breast cancer research (sec. 1737)
The House amendment contained a provision (sec. 1085)
that would amend section 414(h) of title 39, United States
Code, by extending the postage stamp for breast cancer research
to 2027.
The Senate bill contained no similar provision.
The Senate recedes.
National Commission on Military Aviation Safety (sec. 1738)
The Senate bill contained a provision (sec. 1085) that
would extend the reporting date for the National Commission on
Aviation Safety from March 1, 2020, until December 1, 2020. It
would also authorize an additional $3.0 million for the
Commission to conduct its work.
The House amendment included a similar provision (sec.
1084) that would extend the reporting date and provide an
additional authorization of $3.0 million.
In addition, the House provision would require a report
from the Secretary of Defense within 120 days after the
Commission submits its report that would include: (1) an
assessment of the findings and conclusions of the Commission;
(2) the plan of the Secretaries for implementing the
recommendations of the Commission; and (3) any other actions
taken or planned by the Secretary of Defense or the Secretary
of any of the military departments to improve military aviation
safety.
The Senate recedes.
The conferees understand that the Commission is relying
heavily on the services' safety centers for data, which is
appropriate. However, the conferees also understand that the
Commission may be intending to rely solely on the safety
centers for analysis of that data. The conferees believe it is
important for the Commission to conduct its own independent
analysis of the data in order to develop its own set of
conclusions and recommendations.
Guarantee of residency for spouses of members of uniformed services
(sec. 1739)
The Senate bill contained a provision (sec. 1083) that
would amend title VI of the Servicemembers Civil Relief Act (50
U.S.C. 4021 et seq.) to allow a spouse of a servicemember to
elect the same residence as the servicemember for any purpose
regardless of the date on which the marriage occurred.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow a
spouse of a servicemember to elect the same residence as the
servicemember for any purpose, to include the registration of a
business, regardless of the date on which the marriage
occurred.
Electromagnetic pulses and geomagnetic disturbances (sec. 1740)
The Senate bill contained a provision (sec. 6006) that
would make a series of modifications to section 320 of the
Homeland Security Act of 2002 (6 U.S.C. 195f), to improve
preparedness for and resilience to the effects of
electromagnetic pulses and geomagnetic disturbances. The
provision would also require the Secretary of Homeland
Security, in coordination with other relevant agency officials,
to submit several reports to the appropriate congressional
committees.
The House amendment contained no similar provision.
The House recedes with a series of technical and
clarifying amendments.
Improvements to Manufacturing USA Program (sec. 1741)
The Senate bill contained a provision (sec. 6008) that
would amend section 34 of the National Institute of Standards
and Technology Act (15 U.S.C. 278s) to provide various
improvements in the Manufacturing USA program, including
eliminating funding limits for high performing institutes,
adding new networks in innovate sectors such as advanced
sensors, increasing interagency collaboration, and facilitating
the development of standards-based certifications.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
The conferees note the importance of the Hollings
Manufacturing Extension Partnership Program in providing
education, guidance, and technical assistance to strengthen the
cybersecurity of small- and medium-sized manufacturers that
provide goods or services in the supply chain for the
Department of Defense and encourage the Secretary of Defense to
continue work with this program to strengthen the industrial
base.
Regional innovation program (sec. 1742)
The Senate bill contained a provision (sec. 6009) that
would amend section 3722 of title 15, United States Code, to
revise the regional innovation program, including replacing
regional innovation clusters with regional innovation
initiatives and authorizing the Secretary of Commerce to use up
to $50.0 million of appropriated funds to carry out the program
in each of the fiscal years 2020 through 2024.
The House amendment contained no similar provision.
The House recedes with clarifying amendments.
Aviation workforce development (sec. 1743)
The Senate bill contained a provision (sec. 6019) that
would amend Section 625(c)(1) of the FAA Reauthorization Act of
2018 (P.L. 115-254).
The House amendment contained no similar provision.
The House recedes.
Oversight of Department of Defense execute orders (sec. 1744)
The Senate bill contained a provision (sec. 1033) that
would require the Secretary of Defense, except in extraordinary
circumstances, to provide the congressional defense committees
with an execute order approved by the Secretary of Defense or a
combatant commander for review within 30 days of receiving a
written request from the Chairman or Ranking Member of any such
committee.
The House amendment contained a provision (sec. 1082)
that would add a new section in chapter 2 of title 10, United
States Code, requiring the Secretary of Defense to provide to
the Chairman and Ranking Member of each of the congressional
defense committees, and their designated staff with the
appropriate security clearance, copies of each execute order
issued by the Secretary or by a commander of a combatant
command before the date of the enactment of this Act, and
within 30 days of issuing an execute order after the date of
the enactment of this Act.
The House recedes with an amendment that would require
the Secretary of Defense, except in extraordinary
circumstances, to provide to the congressional defense
committees an execute order that has been approved by the
Secretary of Defense or a combatant commander for review and a
detailed briefing on the requested execute order within 30 days
of receiving written request from the Chairman or Ranking
Member of any such committee. The provision would also require
that, 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, and every 90 days thereafter,
the Secretary of Defense submit to the congressional defense
committees a comprehensive report identifying and summarizing
all execute orders approved by the Secretary or the commander
of a combatant command in effect for the Department of Defense
as of the date of the report.
Processes and procedures for notifications regarding special operations
forces (sec. 1745)
The House amendment contained a provision (sec. 1086)
that would mandate the Secretary of Defense establish and
submit processes and procedures for providing notifications to
the congressional defense committees regarding members of
special operations forces. This section would also mandate that
the processes and procedures include clarification of the roles
and responsibilities of the Secretaries of the military
departments, the Assistance Secretary of Defense for Special
Operations and Low Intensity Conflict, and the Commander of
U.S. Special Operations Command in providing such notifications
to Congress.
The Senate bill contained no similar provision.
The Senate recedes.
Securing American science and technology (sec. 1746)
The House amendment contained a provision (sec. 1089)
that would establish an interagency working group to coordinate
activities for the protection of federally funded research and
development from foreign interference while accounting for an
exchange of ideas and for the international talent required for
scientific progress and American leadership in science.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would: (1)
Modify the membership of the working group; (2) Modify the
responsibilities of the working group; (3) Require the Director
of the Office of Science and Technology Policy to develop and
issue policy guidance; and (4) Establish a roundtable sunset.
Standardized policy guidance for calculating aircraft operation and
sustainment costs (sec. 1747)
The House amendment contained a provision (sec. 1090)
that would require the Under Secretary of Defense for
Acquisition and Sustainment to develop and implement
standardized policy guidance for calculating aircraft operation
and sustainment costs for the Department of Defense.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the standardized policy guidance to include a calculation of
the average annual operational and sustainment cost per
aircraft and other cost metrics as considered appropriate by
the Under Secretary.
Special Federal Aviation Regulation Working Group (sec. 1748)
The House amendment contained a provision (sec. 1091)
that would require the Secretary of Defense, the Secretary of
Transportation, and the Secretary of State to establish a
Special Federal Aviation Regulation interagency working group
to review the current options for the Department of Defense to
use contracted U.S. civil aviation to provide support for
Department of Defense missions in areas where a Federal
Aviation Administration Special Federal Aviation Regulation is
in effect.
The Senate bill contained no similar provision.
The Senate recedes.
Prohibition on names related to the Confederacy (sec. 1749)
The House amendment contained a provision (sec. 1092)
that would prohibit the Secretary of Defense from naming any
asset that refers to, or include a term referring to, the
Confederate States of America.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would
explicitly state that nothing in this provision may be
construed as requiring the Secretary concerned to initiate a
review of previously named assets.
Support for National Maritime Heritage Grants program (sec. 1750)
The House amendment contained a provision (sec. 1099F)
that would allow the Secretary of Defense to contribute up to
$5.0 million to provide support for the National Maritime
Heritage Grants program under section 308703 of title 54,
United States Code.
The Senate bill contained no similar provision.
The Senate recedes.
Support for world language advancement and readiness (sec. 1751)
The House amendment contained a provision (sec. 1099N)
that would authorize the Secretary of Defense to make grants to
eligible entities to carry out innovative model programs
providing for the establishment, improvement, or expansion of
world language study for elementary school and secondary
schools.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would authorize
the Secretary of Defense to provide support to eligible
entities for the establishment, improvement, or expansion of
world language study for elementary school and secondary school
students.
Designation of Department of Defense strategic Arctic ports (sec. 1752)
The Senate bill contained a provision (sec. 1041) that
would require the Secretary of Defense, in consultation with
the Chairman of the Joint Chiefs of Staff, the Commanding
General of the United States Army Corps of Engineers, the
Commandant of the Coast Guard, and the Administrator of the
Maritime Administration, to submit a report to the
congressional defense committees evaluating potential sites for
one or more strategic ports in the Arctic region. The provision
would also require the Secretary of Defense to designate one or
more ports as Department of Defense Strategic Arctic Ports not
later than 90 days after the submission of the report.
The House amendment contained a similar provision (sec.
1099T) that would require the same report outlined in the
Senate bill, and based on that report the Secretary of Defense
may designate one or more ports as Department of Defense
Strategic Arctic Ports not later than 90 days after the
submission of the report.
The Senate recedes.
Independent studies regarding potential cost savings with respect to
the nuclear security enterprise and force structure (sec. 1753)
The House amendment contained a provision (sec. 1099Y)
that would require the Comptroller General of the United States
to conduct a report with cost analyses on options for reducing
the nuclear security enterprise, options for reductions in
services contracts, options for rebalancing force structure and
the force mix between active and reserve components, options
for reducing or realigning overseas military presence, options
for the use of pre-award audits, and options for replacing
military personnel with civilian employees.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Defense enter into contracts with two
federally funded research centers to conduct independent
reviews of alternative defense postures that achieve U.S
national security objectives and could produce cost savings.
These reviews will examine alternative nuclear deterrence
postures with increased and decreased force posture levels,
changes to conventional force structure and posture,
alterations to the mix of military and civilian workforces, and
options for reducing services contracts. The amendment also
requires a briefing by the Comptroller General of the United
States on open recommendations for cost savings at the
Department of Defense.
Comprehensive Department of Defense policy on collective self-defense
(sec. 1754)
The Senate bill contained a provision (sec. 1032) that
would require the Secretary of Defense to prescribe a
comprehensive written policy for the Department of Defense on
the issuance of authorization of, and the provision by members
and units of the United States Armed Forces of, collective
self-defense to designated foreign nationals, their facilities,
and their property.
The House amendment contained no similar provision.
The House recedes.
Policy regarding the transition of data and applications to the cloud
(sec. 1755)
The Senate bill contained a provision (sec. 1035) that
would require the Chief Information and Chief Data Officers of
the Department of Defense to develop and implement a policy
relating to the transition of data and applications to the
cloud under the Department's cloud strategy.
The House amendment contained no similar provision.
The House recedes.
Integrated public alert and warning system (sec. 1756)
The Senate bill contained a provision (sec. 6012) that
would require the Administrator of the Federal Emergency
Management Agency to develop minimum requirements for State,
Tribal, and local governments to participate in the public
alert and warning system.
The House amendment contained no similar provision.
The House recedes with an amendment to clarify the
definition of ``appropriate congressional committees'' and to
include a false alert reporting requirement.
Improving quality of information in background investigation request
packages (sec. 1757)
The Senate bill contained a provision (sec. 6014) that
would require, not later than 180 days after the date of the
enactment of this Act, the Director of the Defense
Counterintelligence and Security Agency, in consultation with
the Security, Suitability, and Credentialing Performance
Accountability Council, submit a report on metrics and best
practices in the background investigation process. The
provision would also require, not later than 270 days after the
date of the enactment of this Act, and annually thereafter, the
Security, Suitability, and Credentialing Performance
Accountability Council to report on performance against the
metrics and return rates identified in the provision. The
provision would also require the subsequent identification of
agencies in need of improvement and plans to improve
performance.
The House amendment contained no similar provision.
The House recedes.
Parole in place for members of the Armed Forces and certain military
dependents (sec. 1758)
The House amendment contained a provision (sec. 1099C)
that would establish the eligibility of a non-citizen member of
the Armed Forces, as well as that servicemember's spouse,
widow, widower, parent, son, or daughter, for ``parole in
place'' under section 212(d)(5) of the Immigration and
Nationality Act. Further, the provision would express the sense
of Congress as to the value of family unity in promoting the
readiness and mission accomplishment in the Armed Forces, and
reaffirm the parole in place authority of the Secretary of
Homeland Security.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require
the Secretary of Homeland Security to consider, on a case-by-
case basis, whether granting the request of a member of the
Armed Forces for parole in place would enable military family
unity that would constitute a significant public benefit. The
Secretary of Homeland Security would apply like consideration
to parole in place requests from the spouse, son, daughter, or
parent of a member of the Armed Forces, and from the widow,
son, daughter, or parent of a member of the Armed Forces who is
deceased. Further, the amendment sets forth the sense of
Congress that: (1) parole in place reinforces the objective of
military family unity; (2) except as required in furtherance of
the missions of the Armed Forces, disruption to military family
unity should be minimized in order to enhance military
readiness; and (3) the importance of the parole in place
authority of the Secretary of Homeland Security is reaffirmed.
Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense (sec.
1759)
The House amendment contained a provision (sec. 1098)
that would require that not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Director of the Central
Intelligence Agency each shall submit to the appropriate
congressional committees, a report detailing progress made by
the Secretary or the Director, as the case may be, toward
reducing the backlog in legally required historical
declassification obligations.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would scope the
requirement such that only the Secretary of Defense need submit
a report, and that the Secretary's report would be submitted
only to the Committees on Armed Services of the Senate and the
House of Representatives.
Military type certification for light attack experimentation aircraft
(sec. 1760)
The House amendment contained a provision (sec. 1095)
that would require the Secretary of the Air Force to make
available and conduct military type certifications for light
attack aircraft participating in the experiment as needed.
The Senate bill contained a similar provision (sec. 146)
that would require the Secretary of the Air Force to conduct a
Military Type Certification for AT-6 and A-29 Light Attack
Experimentation Aircraft.
The Senate recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Short title
The House amendment contained provisions (sec. 1051) that
would establish that this subtitle may be cited as ``the
National Defense Strategy Implementation Act.''
The Senate bill contained no similar provision.
The House recedes.
Definitions
The House amendment contained a provision (sec. 1054)
that would define the terms ``operational challenges'' and
``strategic competitors'' for the purposes of this subtitle.
The Senate bill contained no similar provision.
The House recedes.
No Force and Effect
The Senate bill contained two provisions (secs. 5546 and
5585) that would provide respectively that: (1) Part III of
subtitle D of title V of the bill, and the amendments made by
that part, would have no force and effect; and (2) Section 585
of the bill would have no force and effect.
The House amendment contained no similar provisions.
The Senate recedes.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Summary and explanation of funding tables
Division B of this Act authorizes funding for military
construction projects of the Department of Defense. It includes
funding authorizations for the construction and operation of
military family housing as well as military construction for
the reserve components, the defense agencies, and the North
Atlantic Treaty Organization Security Investment Program. It
also provides authorization for the base closure accounts that
fund military construction, environmental cleanup, and other
activities required to implement the decisions in base closure
rounds. The tables contained in this Act provide the project-
level authorizations for the military construction funding
authorized in Division B of this Act and summarize that funding
by account.
The conferees continue to believe in the value and
appropriateness of providing a full authorization but
incremental authorization of appropriations for certain
military construction projects. The conferees believe
incremental funding of large and complex military construction
projects enables the Department to execute additional
infrastructure projects in a fiscal year, enables continuous
congressional oversight, and provides opportunities to adjust
the authorization of appropriations level for projects should
issues arise or requirements change over the course of
construction. In instances where the conference agreement
provides full authorization but incremental authorization of
appropriations for certain military construction projects, the
committee expects the Department to award these projects in the
year of authorization and not defer award until the full
appropriation amount is received.
Short title (sec. 2001)
The Senate bill contained a provision (sec. 2001) that
would designate division B of this Act as the Military
Construction Authorization Act for Fiscal Year 2020.''
The House amendment contained an identical provision
(sec. 2001).
The conference agreement includes this provision.
Expiration of authorizations and amounts required to be specified by
law (sec. 2002)
The Senate bill contained a provision (sec. 2002) that
would establish the expiration date for authorizations in this
Act for military construction projects, land acquisition,
family housing projects, and contributions to the North
Atlantic Treaty Organization Security Investment Program as of
October 1, 2024, or the date of the enactment of an act
authorizing funds for military construction for fiscal year
2025, whichever is later.
The House amendment contained a similar provision (sec.
2002).
The House recedes.
Effective date (sec. 2003)
The Senate bill contained a provision (sec. 2003) that
would provide an effective date for titles XXI through XXVII
and title XXIX of October 1, 2019, or the date of the enactment
of this Act, whichever is later.
The House amendment contained a similar provision (sec.
2003).
The House recedes.
Title XXI--Army Military Construction
Summary
The budget request included $1,453,499,000 for Army
military construction and $499,279,000 for family housing for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $1,270,999,000 for military
construction and $604,012,000 for family housing for the Army
in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 3 military construction projects that were
not included in the budget request but submitted to the
congressional defense committees as part of the Army's unfunded
requirements list. These projects include: $40.0 million for an
Air Traffic Control Tower and Terminal at Kwajalein Atoll;
$21.0 million for a Railhead at Fort Drum, New York; and $18.5
million for a Vehicle Bridge at Fort Hood, Texas.
The agreement also includes authorization and
authorization of appropriations of $27.0 million for the
Secretary of the Army to carry out Child Development Center
projects, with prior notification to the congressional defense
committees. The conferees recommend the Secretary use this
authority to alleviate issues with the condition and capacity
of Child Development Centers in support of military families.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount equal
to the Department's ability to execute in the year of the
authorization of appropriations for the following projects:
Cyber Instruction Facility (Admin/Command) at Fort Gordon,
Georgia; and the General Instruction Building at Carlisle
Barracks, Pennsylvania.
The agreement provides an additional $5,000,000 for
Family Housing, Construction Army Planning and Design for the
housing pilot program mandated in this Act.
Finally, the conferees note that the budget request
included $211.0 million in Army military construction as a
placeholder to support the Army, Navy, Marine Corps, and Air
Force response to the challenges facing the management and
oversight of Military Housing Privatization Initiative
developments. The conferees support additional resources to
hire additional civilian personnel at the headquarters and
installation level to improve the management and oversight of
MHPI developments. The conferees also support applying
additional resources towards improved maintenance of
government-owned and operated housing units. However, the
conferees believe these resources should be directed to the
appropriate military departments' family housing accounts.
Therefore, the agreement recommends a reduction of $211.0
million from the placeholder, but an increase of $54.7 million
for Army Family Housing Maintenance and $45.0 million for Army
Housing Privatization Support.
Authorized Army construction and land acquisition projects (sec. 2101)
The Senate bill contained a provision (sec. 2101) that
would authorize military construction projects for the active
component of the Army for fiscal year 2020. The authorized
amount is listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2101) that would also require the Secretary of Defense to
provide a study of near-term facility alternatives to house
high value detainees current detained at Naval Station
Guantanamo Bay, Cuba.
The Senate recedes with a technical amendment.
Family housing (sec. 2102)
The Senate bill contained a provision (sec. 2102) that
would authorize new construction, planning, and design of
family housing units for the Army for fiscal year 2020. This
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained a similar provision (sec.
2102).
The Senate recedes.
Authorization of appropriations, Army (sec. 2103)
The Senate bill contained a provision (sec. 2103) that
would authorize appropriations for the active component
military construction and family housing projects of the Army
authorized for construction for fiscal year 2020. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Army. The state list
contained in this report is the binding list of the specific
projects authorized at each location.
The House amendment contained an identical provision
(sec. 2103).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2019
projects (sec. 2104)
The Senate bill contained a provision (sec. 2104) that
would modify the authorization contained in section 2101(a) of
the Military Construction Authorization Act for Fiscal Year
2019 (division B of Public Law 115-232) for the construction of
a weapon maintenance shop at Anniston Army Depot, Alabama.
The House bill contained a similar provision (sec. 2104).
The Senate recedes.
Title XXII--Navy Military Construction
Summary
The budget request included $2,805,743,000 for Navy and
Marine Corps military construction and $365,531,000 for family
housing for fiscal year 2020. The conference agreement includes
authorization of appropriations of $2,774,961,000 for military
construction and $479,864,000 for family housing for the Navy
and Marine Corps in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 13 military construction projects that were
not included in the budget request but submitted to the
congressional defense committees as part of the United States
Indo-Pacific Command, Navy, and Marine Corps' unfunded
requirements list. These projects include: $99.6 million for a
Bachelor Enlisted Quarters at Yuma, Arizona; $79.0 million for
an Aircraft Paint Complex at Coronado, California; $74.6
million for a Machinery Control Development Center at
Philadelphia, Pennsylvania; $60.0 million for a MH-60 & CMV-22B
Corrosion Control and Paint Facility at Norfolk, Virginia;
$59.0 million for NMC Ordnance Facilities Recapitalization,
Phase 1 at Yorktown, Virginia; $50.0 million for the first
increment of an Aircraft Parking Apron at Darwin, Australia;
$48.0 million for the Seawolf Service Pier Cost-to-Complete at
Kitsap, Washington; $37.4 million for a Child Development
Center at Miramar, California; $37.2 million for Range
Improvements & Modernization Phase 3 at Parris Island, South
Carolina; $28.0 million for a Missile Magazine at Seal Beach,
California; $18.7 million for a Police Station and EOC Facility
at Blount Island, Florida; $15.0 million for an Air Traffic
Control Tower at Saint Inigoes, Maryland; and $9.9 million for
a PMO Facility Repair at San Diego, California.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount equal
to the Department's ability to execute in the year of the
authorization of appropriations for the following projects: I
MEF Consolidated Information Center at Camp Pendleton,
California; Ammunition Pier at Seal Beach, California; Master
Time Clocks & Operations Facility at the Naval Observatory in
the District of Columbia; Bachelor Enlisted Quarters at Joint
Region Marianas, Guam; Bachelor Enlisted Quarters at Kaneohe
Bay, Hawaii; Pier 5 (Berths 2 and 3) at Yokosuka, Japan; II MEF
Operations Center Replacement at Camp Lejeune, North Carolina;
and Wargaming Center at Quantico, Virginia.
The agreement also includes authorization and
authorization of appropriations of $62.4 million for the
Secretary of the Navy to carry out Child Development Center
projects at Navy and Marine Corps installations, with prior
notification to the congressional defense committees. The
conferees recommend the Secretary use this authority to
alleviate issues with the condition and capacity of Child
Development Centers in support of military families.
The agreement includes an increase of $54.7 million for
Navy and Marine Corps Family Housing Maintenance and $59.6
million for Navy and Marine Corps Housing Privatization
Support. The conferees support using these additional resources
to hire additional civilian personnel at the headquarters and
installation level to improve the management and oversight of
MHPI developments towards improved maintenance of government-
owned and operated housing units.
Finally, the agreement transfers the following two
military construction projects from the base budget request to
Title XXIX, Overseas Contingency Operations Military
Construction: $53.3 million for Electrical System Upgrades in
Bahrain and $77.4 million for a Communication Station at
Sigonella, Italy.
Authorized Navy construction and land acquisition projects (sec. 2201)
The Senate bill contained a provision (sec. 2201) that
would authorize Navy and Marine Corps military construction
projects for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2201).
The Senate recedes with a technical amendment.
Family housing (sec. 2202)
The Senate bill contained a provision (sec. 2202) that
would authorize new construction, planning, and design of
family housing units for the Navy for fiscal year 2020. This
provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained an identical provision
(sec. 2202).
The conference agreement includes this provision.
Improvements to military family housing units (sec. 2203)
The Senate bill contained a provision (sec. 2203) that
would authorize the Secretary of the Navy to improve existing
family housing units of the Department of the Navy in an amount
not to exceed $41.8 million.
The House amendment contained a similar provision (sec.
2203).
The Senate recedes.
Authorization of appropriations, Navy (sec. 2204)
The Senate bill contained a provision (sec. 2204) that
would authorize appropriations for the active component
military construction and family housing projects of the
Department of the Navy authorized for construction for fiscal
year 2020. This provision would also provide an overall limit
on the amount authorized for military construction and family
housing projects for the active components of the Navy and the
Marine Corps. The state list contained in this report is the
binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision
(sec. 2204).
The conference agreement includes this provision.
Modification of authority to carry out certain fiscal year 2017 project
(sec. 2205)
The House amendment contained a provision (sec. 2205)
that would modify the authority provided by section 2201 of the
Military Construction Authorization Act for Fiscal Year 2017
(division B of Public Law 114-328) and authorize the Secretary
of the Navy to make certain modifications to the authorized
cost of a previously authorized construction project.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXIII--Air Force Military Construction
Summary
The budget request included $2,179,230,000 for Air Force
military construction and $398,647,000 for family housing for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $1,723,579,000 for military
construction and $484,580,000 for family housing for the Air
Force in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 10 military construction projects that were
not included in the budget request but submitted to the
congressional defense committees as part of the Air Force's
unfunded requirements list. These projects include: $7.0
million for Dormitory Cost-to-Complete at Little Rock Air Force
Base, Arkansas; $17.0 million for ADAL Aerial Port Squadron
Materiel Warehouse at Travis Air Force Base, California; $49.0
for Consolidate Cadet Prep School Dormitory at the United
States Air Force Academy, Colorado; $54.0 million for SOCNORTH
Theater Operational Support Facility at Peterson Air Force
Base, Colorado; $12.5 million for 41 RQS HH-60W Apron at Moody
Air Force Base, Georgia; $27.0 million for Consolidated Vehicle
Ops and MX Facility at Whiteman Air Force Base, Missouri; $20.0
million for NC3 Support WRM Storage/Shipping Facility at
Holloman Air Force Base, New Mexico; $3.1 million for F-35
Munitions Maintenance Facilities Cost-to-Complete at Nellis Air
Force Base, Nevada; $36.0 million for AFPC B-Wing at Joint Base
San Antonio, Texas; and $4.8 million for SERE Pipeline
Dormitory Cost-to-Complete at Fairchild Air Force Base,
Washington.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount equal
to the Department's ability to execute in the year of the
authorization of appropriations for the following projects:
Consolidated Space Operations Facility at Schriever Air Force
Base, Colorado; MIT-Lincoln Lab (West Lab CSL/MIF) Increment 2
at Hanscom Air Force Base, Massachusetts; Fuel Tanks w/
Pipeline/Hydrant System at Tinian, Commonwealth of the Northern
Mariana Islands; Airfield Development Phase 1 at Tinian,
Commonwealth of the Northern Mariana Islands; Parking Apron at
Tinian, Commonwealth of the Northern Mariana Islands; Weapons
Storage and Maintenance Facility at Malmstrom Air Force Base,
Montana; and GBSD Mission Integration Facility at Hill Air
Force Base, Utah.
The agreement also includes authorization and
authorization of appropriations of $31.5 million for the
Secretary of the Air Force to carry out Child Development
Center projects at Air Force installations, with prior
notification to the congressional defense committees. The
conferees recommend the Secretary use this authority to
alleviate issues with the condition and capacity of Child
Development Centers in support of military families.
The agreement includes an increase of $54.7 million for
Air Force Family Housing Maintenance and $31.2 million for Air
Force Housing Privatization Support. The conferees support
using these additional resources to hire additional civilian
personnel at the headquarters and installation level to improve
the management and oversight of MHPI developments towards
improved maintenance of government-owned and operated housing
units.
Finally, the agreement transfers the following two
military construction projects from the base budget request to
Title XXIX, Overseas Contingency Operations Military
Construction: $42.0 million Munitions Storage Area at Azraq,
Jordan and $24.0 million for an Air Traffic Control Tower at
Azraq, Jordan.
Authorized Air Force construction and land acquisition projects (sec.
2301)
The Senate bill contained a provision (sec. 2301) would
authorize Air Force military construction projects for fiscal
year 2020. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained a similar provision (sec.
2301).
The Senate recedes with a technical amendment.
Family housing (sec. 2302)
The Senate bill contained a provision (sec. 2302) that
would authorize new construction, planning, and design of
family housing units for the Air Force for fiscal year 2020.
The provision would also authorize funds for facilities that
support family housing, including housing management offices,
housing maintenance, and storage facilities.
The House amendment contained a similar provision (sec.
2302).
The House recedes.
Improvements to military family housing units (sec. 2303)
The Senate bill contained a provision (sec. 2303) that
would authorize the Secretary of the Air Force to improve
existing family housing units of the Department of the Air
Force in an amount not to exceed $53.6 million.
The House amendment contained an identical provision
(sec. 2303).
The conference agreement includes this provision.
Authorization of appropriations, Air Force (sec. 2304)
The Senate bill contained a provision (sec. 2304) that
would authorize appropriations for the active component
military construction and family housing projects of the Air
Force authorized for construction for fiscal year 2020. This
provision would also provide an overall limit on the amount
authorized for military construction and family housing
projects for the active component of the Air Force. The state
list contained in this report is the binding list of the
specific projects authorized at each location.
The House amendment contained an identical provision
(sec. 2304).
The conference agreement includes this provision.
Modification of authorities to carry out phased Joint Intelligence
Analysis Complex consolidation (sec. 2305)
The Senate bill contained a provision (sec. 2305) that
would modify the authorization contained in section 2301(b) of
the Military Construction Authorization Act for Fiscal Year
2015 (division B of Public Law 113-291; 128 Stat. 3679) for
Royal Air Force Croughton, for Joint Intelligence Analysis
Complex Consolidation Phase 1, to change the location to Royal
Air Force Molesworth, United Kingdom.
The House amendment contained a similar provision (sec.
2305).
The Senate recedes.
Modification of authority to carry out certain fiscal year 2016 project
(sec. 2306)
The Senate bill contained a provision (sec. 2306) that
would modify the authorization contained in section 2301(b) of
the Military Construction Authorization Act for Fiscal Year
2016 (division B of Public Law 114-92; 129 Stat. 1153) for
Joint Intelligence Analysis Complex Consolidation Phase 2 at an
unspecified location in the United Kingdom, as modified by
section 2305 of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-232).
The House amendment contained a similar provision (sec.
2306).
The Senate recedes.
Modification of authority to carry out certain fiscal year 2017 project
(sec. 2307)
The Senate bill contained a provision (sec. 2307) that
would modify the authorization contained in section 2301(b) of
the Military Construction Authorization Act for Fiscal Year
2017 (division B of Public Law 114-328; 130 Stat. 2697) for
Joint Intelligence Analysis Complex Consolidation Phase 3 at an
unspecified location in the United Kingdom, as modified by
section 2305 of the Military Construction Authorization Act for
Fiscal Year 2019 (division B of Public Law 115-32).
The House amendment contained a similar provision (sec.
2307).
The Senate recedes.
Modification of authority to carry out certain fiscal year 2018
projects (sec. 2308)
The Senate bill contained a provision (sec. 2308) that
would modify the authority contained in section 2301(a) of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115-91; 131 Stat. 1826) for the
construction of a dining and classroom facility at Joint Base
San Antonio, Texas, and for the construction of an air traffic
control tower. Additionally this provision would modify the
authorization contained in section 2903 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115-91; 131 Stat. 1876) for repairing and
expanding a quick reaction alert pad at Rygge, Norway.
The House amendment contained a similar provision (sec.
2308).
The Senate recedes with a technical amendment.
Modification of authority to carry out certain fiscal year 2019
projects (sec. 2309)
The Senate bill contained a provision (sec. 2309) that
would modify the authorization contained in section 2301(a) of
the Military Construction Authorization Act for Fiscal Year
2019 (division B of Public Law 115-232) for the construction of
a semiconductor or microelectronics lab facility at Hanscom Air
Force Base, Massachusetts. This provision would also modify the
authorization contained in section 2301(b) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115-232) for the construction of an F-35
dormitory at Royal Air Force Lakenheath, United Kingdom.
The House amendment contained a similar provision (sec.
2309).
The Senate recedes.
Title XXIV--Defense Agencies Military Construction
Summary
The budget request included $2,504,190,000 for military
construction and $60,545,000 for family housing for defense
agencies for fiscal year 2020. The conference agreement
includes authorization of appropriations of $2,202,910,000 for
military construction and $60,545,000 for family housing for
defense agencies in fiscal year 2020.
The agreement includes authorization and authorization of
appropriations for 12 Energy Resiliency Conservation Investment
Program (ERCIP) projects that were not included in the budget
request but submitted to the congressional defense committees
as part of the Department's unfunded requirements list. These
projects include: $8.9 million for an Energy Storage System at
Naval Air Weapons Station China Lake, California; $9.7 million
to Install Microgrid Controller, 75 kw PV and 750 Kwh Battery
at Mountain View, California; $10.5 million for a Cogeneration
Plant B236 at Monterey, California; $16.9 million for Smart
Grid and ICS Infrastructure at Naval Base Guam, Guam; $4.0
million to Install 500kw Covered Parking PV System & Electric
Vehicle Charging Stations B479 at Joint Base Pearl Harbor-
Hickam, Hawaii; $13.8 million for Chiller 3-9 Replacement at
Bethesda, Maryland; $18.4 million for IH Water Project--CBIRF/
IHEODTD/Housing at South Potomac, Maryland; $5.8 million to
Install Microgrid, 700kw PV, 150 Kw Generator, and Batteries at
White Sands Missile Range, New Mexico; $4.5 million to Install
Microgrid, 650Kw PV, & 500 Kw Generator at Camp Swift, Texas;
$16.5 million to Install a Central Energy Plant at Fort Hood,
Texas; $66,000 for Integration Systems Upgrades at NRO
Headquarters, Virginia; and $23.6 million for Keyport Main
Substation Replacement at Naval Base Kitsap, Washington.
The agreement includes authorization and authorization of
appropriations for the following project that was not included
in the budget request but submitted to the congressional
defense committees as part of the Department's unfunded
requirements list: $66.8 million for Landstuhl Elementary
School at Ramstein, Germany.
The agreement includes an authorization of appropriations
for $30.0 million for Planning and Design: Military
Installations Resiliency at unspecified worldwide locations. As
noted elsewhere in this report, the conferees believe it is
critical for the Department of Defense to appropriately account
for the impacts of extreme weather and natural disasters,
energy resiliency, a cyber-security threats when planning and
designing infrastructure investments at military installations.
Therefore, the conferees expect the Department to utilize this
authorization of appropriations to conduct appropriate planning
when developing resilient infrastructure masterplans and
military construction projects.
The agreement provides for full authorization and
incremental authorization of appropriations in an amount equal
to the Department's ability to execute in the year of the
authorization of appropriations for the following projects:
Kinnick High School, Increment 2 at Yokosuka, Japan; Bulk
Storage Tanks Phase 1 at Yokota Air Base, Japan; MEDCEN
Addition/Alteration Increment 3 at Bethesda Naval Hospital,
Maryland; Next NGA West (N2W) Complex, Phase 2, Increment 2 at
St. Louis, Missouri; and Operations Center Phase 2, Defense
Distribution Deport Richmond, Virginia.
Authorized Defense Agencies construction and land acquisition projects
(sec. 2401)
The Senate bill contained a provision (sec. 2401) would
authorize military construction projects for the Defense
Agencies for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2401).
The Senate recedes with a technical amendment.
Authorized Energy Resilience and Conservation Investment Program
projects (sec. 2402)
The Senate bill contained a provision (sec. 2402) that
would authorize the Secretary of Defense to carry out energy
conservation projects. The authorized amounts are listed on an
installation-by-installation basis.
The House amendment contained a similar provision (sec.
2402).
The House recedes with a technical amendment.
Authorization of appropriations, Defense Agencies (sec. 2403)
The Senate bill contained a provision (sec. 2403) that
would authorize appropriations for the military construction
and family housing projects of the Defense Agencies authorized
for construction for fiscal year 2020. This provision would
also provide an overall limit on the amount authorized for
military construction and family housing projects for the
Defense Agencies. The state list contained in this report is
the binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision
(sec. 2403).
The conference agreement includes this provision.
Title XXV--International Programs
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Summary
The budget request included $144,040,000 for military
construction in fiscal year 2020 for the North Atlantic Treaty
Organization Security Investment Program. In addition, pursuant
to agreement with the Republic of Korea, the budget request
included a list of military construction projects to be funded
as in-kind contributions by the Republic of Korea.
The conference agreement includes this amount for the
North Atlantic Treaty Organization Security Investment Program
projects and the authorization to accept the military
construction projects funded by the Republic of Korea.
Authorized NATO construction and land acquisition projects (sec. 2501)
The Senate bill contained a provision (sec. 2501) that
would authorize the Secretary of Defense to make contributions
to the North Atlantic Treaty Organization Security Investment
Program in an amount equal to the sum of the amount
specifically authorized in section 2502 of this title and the
amount of recoupment due to the United States for construction
previously financed by the United States.
The House amendment contained an identical provision
(sec. 2501).
The conference agreement includes this provision.
Authorization of appropriations, NATO (sec. 2502)
The Senate bill contained a provision (sec. 2502) that
would authorize appropriations of $144.0 million for the U.S.
contribution to the North Atlantic Treaty Organization (NATO)
Security Investment Program (NSIP) for fiscal year 2020. This
provision would also allow the Department of Defense
construction agent to recognize the NATO project authorization
amounts as budgetary resources to incur obligations when the
United States is designated as the host nation for the purposes
of executing a project under NSIP.
The House amendment contained an identical provision
(sec. 2502).
The conference agreement includes this provision.
Subtitle B--Host Country In-Kind Contributions
Republic of Korea funded construction projects (sec. 2511)
The Senate bill contained a provision (sec. 2511) that
would authorize the Secretary of Defense to accept four
military construction projects totaling $542.2 million from the
Republic of Korea as in-kind contributions.
The House amendment contained a similar provision (sec.
2511).
The Senate recedes.
Title XXVI--Guard and Reserve Forces Facilities
Summary
The budget request included $552,423,000 for military
construction of National Guard and Reserve facilities for
fiscal year 2020. The conference agreement includes
authorization of appropriations of $787,723,000 for military
construction of National Guard and Reserve facilities in fiscal
year 2020.
The conference includes authorization and authorization
of appropriations for of 6 military construction projects that
were not included in the budget request but submitted to the
congressional defense committees as part of the services
unfunded requirements list. These projects include: $34.0
million for an Enlisted Transient Barracks at Anniston,
Alabama; $57.0 million for Fuels/Corrosion Control Hangar and
Shops at Moffett Air National Guard Base, California; $15.0
million for a AES Training Admin Facility at Joint Base
Andrews, Maryland; $9.8 million for a Aerial Port Facility at
Minneapolis-St. Paul IAP, Minnesota; $91.0 million for a
National Guard Readiness Center at the Jamaica Armory, New
York; and $30.0 million for a General Instruction Building at
Jericho, Vermont.
Authorized Army National Guard construction and land acquisition
projects (sec. 2601)
The Senate bill contained a provision (sec. 2601) that
would authorize military construction projects for the Army
National Guard for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained an identical provision
(sec. 2601).
The conference agreement includes this provision.
Authorized Army Reserve construction and land acquisition projects
(sec. 2602)
The Senate bill contained a provision (sec. 2602) that
would authorize military construction projects for the Army
Reserve for fiscal year 2020. The authorized amounts are listed
on an installation-by-installation basis.
The House amendment contained an identical provision
(sec. 2602).
The conference agreement includes this provision.
Authorized Navy Reserve and Marine Corps Reserve construction and land
acquisition projects (sec. 2603)
The Senate bill contained a provision (sec. 2603) that
would authorize military construction projects for the Navy
Reserve and Marine Corps Reserve for fiscal year 2020. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained an identical provision
(sec. 2603).
The conference agreement includes this provision.
Authorized Air National Guard construction and land acquisition
projects (sec. 2604)
The Senate bill contained a provision (sec. 2604) that
would authorize military construction projects for the Air
National Guard for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained an identical provision
(sec. 2604).
The conference agreement includes this provision.
Authorized Air Force Reserve construction and land acquisition projects
(sec. 2605)
The Senate bill contained a provision (sec. 2605) that
would authorize military construction projects for the Air
Force Reserve for fiscal year 2020. The authorized amounts are
listed on an installation-by-installation basis.
The House amendment contained an identical provision
(sec. 2605).
The conference agreement includes this provision.
Authorization of appropriations, National Guard and Reserve (sec. 2606)
The Senate bill contained a provision (sec. 2606) that
would authorize appropriations for the reserve component
military construction projects authorized for construction for
fiscal year 2020 in this Act. This provision would also provide
an overall limit on the amount authorized for military
construction projects for each of the reserve components of the
military departments. The state list contained in this report
is the binding list of the specific projects authorized at each
location.
The House amendment contained an identical provision
(sec. 2606).
The conference agreement includes this provision.
LEGISLATIVE PROVISIONS NOT ADOPTED
Review and report on construction of new, or maintenance of existing,
direct fuel pipeline connections at Air National Guard and Air
Force Reserve installations
The House amendment contained a provision (sec. 2607)
that would require the Secretary of the Air Force, in
conjunction with the Defense Logistics Agency (DLA), to
complete a review on the construction of new, or maintenance of
existing, direct fuel pipeline connections at Air National
Guard (ANG) and Air Force Reserve (AFRES) installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of the Air Force, in
conjunction with the DLA, to complete a review on the
construction of new, or maintenance of existing, direct fuel
pipeline connections at ANG and AFRES installations not later
than 180 days after the date of the enactment of this Act. The
review should contain the following elements:
(1) An analysis of the extent to which the Air Force and
DLA have identified direct fuel pipeline projects as an
effective and efficient way to enhance the ability of regular
component, ANG, and AFRES installations to improve the
readiness of affected units and help them to meet their mission
requirements. This should include an assessment of how the ANG
and AFRES facilities, across all States and territories, can
leverage such connections to better support current and
emerging air refueling requirements.
(2) An assessment of how direct fuel pipeline connections
enhance the resiliency and efficiency of the installations and
help meet existing DLA requirements for secondary storage and
other fuel requirements.
(3) A list of ANG and AFRES installations that do not
currently have a direct connection pipeline but have access to
such a pipeline within reasonable proximity (less than 5 miles)
to the facility.
(4) An overview and summary of the current process for
considering such proposals, including the factors used to
consider requests, the weight provided to each factor, and a
list of ANG and AFRES installations that have sought funding
for projects to create direct access to a national fuel
pipeline or to maintain access to such pipelines over the last
5 years.
(5) A list of the total instances in the past 5 years in
which projects for direct fuel pipeline connections have been
approved for regular component, ANG, or AFRES installations,
including the costs of each project and the justification for
such approval.
(6) A list of ANG and AFFRES installations with current
pipeline connections that the Air Force or DLA has determined
should no longer be used, including:
(A) An analysis of the justifications for each
determination, such as decisions to switch from
pipelines to trucks as the primary fuel delivery
method;
(B) An assessment of whether these determinations
fairly weigh the costs and benefits of building or
maintaining a pipeline tap as a practical primary or
secondary fuel delivery method for the installation
compared to railroad, barge terminal, or truck
delivery; and
(C) An assessment of whether these determinations
fairly consider or weigh how direct fuel pipeline
connections increase security for the fuel supply by
reducing the threat of interruption, how the
connections enhance mission reliability by providing
access to greater fuel storage capability, and the
ability of such projects once completed to better
support the domestic and global operations of the ANG
or AFRES installation.
(7) An assessment of how costs associated with each
direct fuel pipeline connection project is considered by the
Air Force or DLA and the weight given to such costs in the
final analysis.
(8) An assessment of the effectiveness or usefulness of
guidance or technical assistance provided to installations that
request or propose direct fuel pipeline connection projects and
recommendations for additional ways to provide assistance to
ensure the Air Force and DLA receive the most up-to-date
information about the costs and benefits of proposed projects
from installations.
(9) An assessment of the available funding sources though
the Air Force, DLA, other Department of Defense entities, or
other mechanisms, such as a public-private partnership or
enhanced use lease, that can support direct fuel pipeline
connection projects either in whole or in part.
(10) An assessment of the extent to which direct fuel
pipeline connection projects have been incorporated in any
comprehensive plan the Air Force has developed or will develop
regarding investments needed to improve regular component, ANG,
and AFRES installations to meet the Department's needs.
The conferees further direct the Secretary to provide a
final report containing the results of the review to the
congressional defense committees not later than 1 year after
the date of enactment of this Act. The report should include
recommendations on how the Air Force can better expedite and
support the use of fuel pipelines at ANG and AFRES
installations. The recommendations should include options for
accelerating the development and consideration of such projects
where most feasible and appropriate, including whether costs
savings could be obtained by including such projects as part of
other related projects already authorized at an installation.
Title XXVII--Base Realignment and Closure Activities
Summary
The budget request included $278,526,000 for Base
Realignment and Closure (BRAC) activities related to previous
BRAC rounds. The conference agreement includes authorization of
appropriations of $392,526,000 for Base Realignment and Closure
(BRAC) activities related to previous BRAC rounds in fiscal
year 2020.
Authorization of appropriations for base realignment and closure
activities funded through Department of Defense base closure
account (sec. 2701)
The Senate bill contained a provision (sec. 2701) that
would authorize appropriations for fiscal year 2020 for ongoing
activities that are required to implement the decisions of the
1988, 1991, 1993, 1995, and 2005 base realignment and closure
rounds.
The House amendment contained an identical provision
(sec. 2701).
The conference agreement includes this provision.
Prohibition on conducting additional base realignment and closure
(BRAC) round (sec. 2702)
The Senate bill contained a provision (sec. 2702) that
would prohibit the Department of Defense from conducting
another base realignment and closure (BRAC) round.
The House amendment contained no similar provision.
The House recedes.
Title XXVIII--Military Construction and General Provisions
Subtitle A--Military Construction Program
Military installation resilience plans and projects (sec. 2801)
The Senate bill contained a provision (sec. 2801) that
would amend subchapter I of chapter 169 of title 10, United
States Code, to require the Secretaries of the military
departments to develop and implement military installation
resilience plans for installations in coastal areas.
The House amendment contained a similar provision (sec.
2803) that would amend section 2864 of title 10, United States
Code, to provide additional clarity on the required elements of
military installation resilience plans; encourage coordination
with relevant local, State, and Federal entities in the
development of plans; and require an assessment of resiliency
gaps and best practices. This section would further require the
Secretary of Defense to provide a report to the House Committee
on Armed Services by March 1, 2020, listing the installation
master plans completed or in progress during the previous 12
months.
The Senate recedes with an amendment that would allow the
Secretary of Defense to carry out military construction
projects for military installation resilience.
Improved consultation with tribal governments when proposed military
construction projects potentially impact Indian tribes (sec.
2802)
The House amendment contained a provision (sec. 2804)
that would require the military departments to assess whether
any military construction project has the potential to
significantly affect tribal lands, sacred sites, or tribal
treaty rights. Additionally, the Secretary concerned shall
include a description of the current status of consultation
with the tribal government of each impacted Indian tribe on
military construction projects proposed to Congress.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Increased authority for use of certain appropriations amounts for
restoration or replacement of damaged or destroyed facilities
(sec. 2803)
The Senate bill contained a provision (sec. 2804) that
would allow the Secretary of the military department concerned
to carry out unspecified minor military construction projects,
not to exceed $12.0 million with an area cost factor of $19.0
million, at the following installations: (1) Tyndall Air Force
Base, Florida; (2) Camp Ashland, Nebraska; (3) Offutt Air Force
Base, Nebraska; (4) Camp Lejeune, North Carolina; and (5)
Marine Corps Air Station Cherry Point, North Carolina. This
provision would include a termination clause of 5 years after
the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would instead
amend section 2854(c)(3) of title 10, United States Code, by
striking ``$50,000,000'' and inserting ``$100,000,000''.
Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and climate
resiliency, and cyber resilience (sec. 2804)
The House amendment contained a provision (sec. 2805)
that would prohibit the Department of Defense from spending
more than 25 percent of the funds available for military
construction planning and design until the Secretary of Defense
submits a certification to Congress that the Tri-Service
Engineering Senior Executive Board has initiated the process of
updating the Unified Facility Criteria to ensure building
practices and standards promote military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience. The Secretary of Defense would further
certify that the review and revision process will be complete
by September 1, 2020.
The Senate bill contained no similar provision.
The Senate recedes with a clarifying amendment.
Modification to Department of Defense Form 1391 regarding consideration
of potential long-term adverse environmental effects (sec.
2805)
The House amendment contained a provision (sec. 2806)
that would require the Secretary of Defense or Secretary of the
military department concerned to certify, prior to submitting a
military construction project for consideration, construction
takes into account known extreme weather risks and employs best
practices and local building code requirements for resiliency
in the face of those risks.
The Senate bill contained no similar provision.
The Senate recedes.
Improved flood risk disclosure for military construction (sec. 2806)
The House amendment contained a provision (sec. 2807)
that would amend section 2805(a)(1) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B
of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) to
ensure sea level fluctuation is considered when evaluating
military construction projects.
The Senate bill contained no similar provision.
The Senate recedes.
Prioritization of projects in annual report on unfunded requirements
for laboratory military construction projects (sec. 2807)
The Senate bill contained a provision (sec. 7801) that
would amend section 2806 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a
note) by, among other things, requiring that the projects in
the annual report on unfunded requirements for laboratory
military construction projects are listed in prioritized order,
with specific amounts and elements identified.
The House amendment contained no similar provision.
The House recedes.
Technical corrections and improvements to defense access road
resilience (sec. 2808)
The Senate bill contained a provision (sec. 2805) that
would amend section 210 of title 23, United States Code, to
improve the construction and reconstruction of defense access
roads subject to weather conditions. Additionally, this
provision would update the United Facilities Criteria to ensure
that the Department of Defense accounts for weather and
population projections during the construction projects.
The House amendment contained a similar provision (sec.
2808).
The Senate recedes.
Military construction projects for child development centers at
military installations (sec. 2809)
The Senate bill contained a provision (sec. 7804) that
would require the Under Secretary of Defense for Personnel and
Readiness, in coordination with the Assistant Secretary for
Energy, Installations, and Environment for each military
department, to submit to the congressional defense committees
an annual report listing, in priority order, unfunded
requirements for major and minor military construction projects
for Department of Defense child development centers (CDCs).
This provision would also increase the maximum amounts
applicable to minor construction projects for CDCs to $15.0
million for no more than 3 years after the date of the
enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would authorize
specific funds for CDCs as delineated in the funding table in
section 4601 with specific conditions for authorization.
The conferees direct the Undersecretary of Defense, in
coordination with the Assistant Secretary for Energy,
Installations, and Environment for each military department, to
submit a report to the congressional defense committees by
February 15, 2020, listing unfunded requirements for major and
minor military construction projects for CDCs of the Department
of Defense in priority order. The report shall include
appropriate DD Form 1391 documentation for each project.
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. 2810)
The Senate bill contained a provision (sec. 2802, as
amended by sec. 7802) that would prohibit funds authorized to
be appropriated by this Act or otherwise made available for the
Department of Defense to be obligated or expended to implement
any activity that reduces air base resiliency or demolishes
protected aircraft shelters in the European theater without
creating similar protection from attack until such time as the
Secretary of Defense certifies that protected aircraft shelters
are not required in the European theater.
The House amendment contained no similar provision.
The House recedes.
Prohibition on use of funds to close or return certain bases to the
host nation (sec. 2811)
The Senate bill contained a provision (sec. 2803, as
amended by sec. 7803) that would prohibit funds authorized to
be appropriated by this Act or otherwise made available for the
Department of Defense to be obligated or expended to implement
any activity that closes or returns to host nations any
existing airbases until such time as the Secretary of Defense
certifies that there is no longer a need for a rotational
military presence in the European theater.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle B--Real Property and Facilities Administration
Improved energy security for main operating bases in Europe (sec. 2821)
The House amendment contained a provision (sec. 2831)
that would prohibit the use of Russian Federation sourced
natural gas at main operating bases in Europe.
The Senate bill contained no similar provision.
The Senate recedes.
Access to Department of Defense installations for credentialed
transportation workers (sec. 2822)
The House amendment contained a provision (sec. 2832)
that would enable the Transportation Worker Identification
Credential card to be accepted as a valid credential for
unescorted access to a work site at a maritime terminal of the
Department of Defense (DOD) and other DOD facilities.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Improved recording and maintaining of Department of Defense real
property data (sec. 2823)
The House amendment contained a provision (sec. 2835)
that would require the Undersecretary of Defense for
Acquisition and Sustainment to submit a report evaluating
service-level best practices for recording and maintaining real
property data to Congress not later than 150 days after the
date of the enactment of this Act. This provision would also
require the Undersecretary to issue service-wide guidance on
the best practices described in the report not later than 300
days after the date of the enactment of this Act.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Subtitle C--Land Conveyances
Land conveyance, Hill Air Force Base, Ogden, Utah (sec. 2831)
The House amendment contained a provision (sec. 2841)
that would authorize the Secretary of the Air Force to convey
35 acres on Hill Air Force Base to the State of Utah for the
purposes of permitting the State to construct a new interchange
for Highway 15.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment that would
include a savings provision.
Release of interests retained in Camp Joseph T. Robinson, Arkansas, for
use of such land as a veterans cemetery (sec. 2832)
The Senate bill contained a provision (sec. 2811) that
would allow the Secretary of the Army to release the terms and
conditions and reversionary interests retained on approximately
141.5 acres previously owned by the United States government.
The provision would also require that the transferred land be
used for the sole purpose of expanding the Arkansas State
Veterans Cemetery.
The House amendment contained a similar provision (sec.
2842).
The House recedes.
Modification of authorized uses of certain property conveyed by the
United States in Los Angeles, California (sec. 2833)
The Senate amendment contained a provision (sec. 7805)
that would modify the authorized uses of a certain property
conveyed by the United States to the State of California.
The House amendment contained a similar provision (sec.
2843).
The Senate recedes with a technical amendment.
Transfer of administrative jurisdiction over certain parcels of Federal
land in Arlington, Virginia (sec. 2834)
The Senate bill contained a provision (sec. 2812) that
would require the Secretary of the Interior to transfer a
specified 16.09 acres parcel to the Secretary of the Army and
for the Secretary of the Army to transfer a specified 1.04 acre
parcel to the Secretary of the Interior. The provision would
not require any form of payment or consideration from either
party. The provision would require that the 16.09 acre parcel
transferred to the Army be managed as part of Arlington
National Cemetery.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the Secretary of the Army to seek to enter into a memorandum of
understanding with the Women in Military Service for America
Memorial Foundation to define roles and responsibilities for
the shared responsibility and resources for operation and
maintenance of the Women's Memorial and surrounding grounds.
Subtitle D--Military Land Withdrawals
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. 2841)
The House amendment contained a provision (sec. 2851)
that would amend section 2942 of the Military Land Withdrawals
Act of 2013 to require the Secretary of the Navy to provide
public notice prior to the use of the Shared Use Area for
military training purposes.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle E--White Sands National Park and White Sands Missile Range
White Sands Missile Range Land Enhancements (sec. 2851)
The Senate bill contained a provision (sec. 2814) that
would establish White Sands National Park and abolish White
Sands National Monument. The establishment of a national park
would increase the public recognition of the significant
resources of White Sands. This provision would modify the
boundary of White Sands National Park and convey 3,737 acres of
land from the Secretary of the Interior to the Secretary of the
Army. This provision would also convey 8,592 acres of land from
the Secretary of the Army to the Secretary of the Interior.
The House amendment contained a series of similar
provisions (secs. 2861-2866).
The House recedes with an amendment that would remove the
findings and provide for technical changes.
Subtitle F--Other Matters
Installation and maintenance of fire extinguishers in Department of
Defense facilities (sec. 2861)
The House amendment contained a provision (sec. 2871)
that would require the Secretary of Defense to ensure that
portable fire extinguishers are installed and maintained at
Department of Defense facilities in accordance with the
requirements of national model fire codes.
The Senate bill contained no similar provision.
The Senate recedes.
Definition of community infrastructure for purposes of military base
reuse studies and community planning assistance (sec. 2862)
The House amendment contained a provision (sec. 2872)
that would amend section 2391(c)(4) of title 10, United States
Code, to add not-for-profit, member-owned utility services to
the definition of community infrastructure.
The Senate bill contained no similar provision.
The Senate recedes.
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. 2863)
The Senate bill contained a provision (sec. 2822) that
would amend section 2804 of the Military Construction
Authorization Act for Fiscal Year 2016, Division B of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92), to include the Government of the Republic of
Korea.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow the
Secretary concerned to accept cash contributions for two
specific military construction projects in the Republic of
Korea and allow for a cost-sharing agreement for said projects
as long as the projects are in support of a bilateral defense
cooperation agreement between the United States and the
Republic of Korea or if the Secretary concerned determines that
the United States may derive a benefit from the project.
Black start exercises at military installations (sec. 2864)
The House amendment contained a provision (sec. 2874)
that would require the Department of Defense to conduct three
additional black start exercises at joint bases to test
installation energy resiliency systems. This section would also
require the Secretary of Defense to provide a report to the
defense committees by June 1, 2020, on lessons learned from
black start exercises concluded prior to December 31, 2019.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would modify
the exercise requirements.
Pilot program to extend service life of roads and runways under the
jurisdiction of the Secretary of Defense (sec. 2865)
The Senate bill contained a provision (sec. 2825) that
would authorize the Secretaries of the military departments to
carry out a pilot program to design, build, and test
technologies in order to extend the service life of roads and
runways under their jurisdiction. Further, this provision would
require that, not later than 2 years after the commencement of
the pilot program, the Secretaries of the military departments
submit a report on the program to the congressional defense
committees.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar
System receiving station, Modoc County, California (sec. 2866)
The House amendment contained a provision (sec. 2880)
that would prohibit the use of funds to rehabilitate the Over-
the-Horizon Backscatter Radar system receiving location in
Modoc National Forest.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would extend
the sunset on the provision to 2025.
Designation of Sumpter Smith Joint National Guard Base (sec. 2867)
The Senate bill contained a provision (sec. 2823) that
would designate the Sumpter Smith Air National Guard Base in
Birmingham, Alabama, as the ``Sumpter Smith Joint National
Guard Base.''
The House amendment contained no similar provision.
The House recedes.
Santa Ynez Band of Chumash Indians land affirmation (sec. 2868)
The House amendment contained a provision (sec. 2876)
that would place land into trust for the benefit of the Santa
Ynez Band of Chumash Mission Indians.
The Senate bill contained no similar provision.
The Senate recedes.
Lands to be taken into trust as part of the reservation of the Lytton
Rancheria (sec. 2869)
The House amendment contained a provision (sec. 1099D)
that would take into trust land owned by the Lytton Rancheria
of California.
The Senate bill contained no similar provision.
The Senate recedes.
Little Shell Tribe of Chippewa Indians of Montana (sec. 2870)
The Senate amendment contained a provision (sec. 6020)
that would extend federal recognition of the Little Shell Tribe
of Chippewa Indians of Montana, make the tribe and its members
eligible for services and benefits provided to federally
recognized tribes, and take land into trust.
The House bill contained no similar provision.
The House recedes.
Sense of Congress on restoration of Tyndall Air Force Base (sec. 2871)
The Senate bill contained a provision (sec. 5306) that
would express the sense of Congress that the Secretary of the
Air Force should restore Tyndall Air Force Base to achieve
military installation resilience.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Prohibition on use of military construction funds for construction of a
wall, fence, or other physical barrier along the southern
border of the United States
The House amendment contained a provision (sec. 2801)
that would prohibit the obligation, expense, or use of funds
that have been authorized to be appropriated for military
construction projects in fiscal years 2015 through 2020 to
design or carry out a project to construct, replace, or modify
a wall, fence, or other physical barrier along the
international border between the United States and Mexico.
The Senate bill contained no similar provision.
The House recedes.
Modification and clarification of construction authority in the event
of a declaration of war or national emergency
The House amendment contained a provision (sec. 2802)
that would amend section 2808 of title 10, United States Code,
to limit the total cost of military construction projects
undertaken during a national emergency to $500.0 million, with
a further limit of $100.0 million for construction projects
within the United States, clarify the ability to waive any
other provision of law, and add elements to required
congressional notifications.
The Senate bill contained no similar provision.
The House recedes.
Modification of requirements relating to land acquisition in Arlington
County, Virginia
The Senate bill contained a provision (sec. 2813) that
would amend section 2829A of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) to require the
Secretary of the Army to expend amounts up to fair market value
for cemetery expansion and include an in-kind consideration
clause.
The House amendment contained no similar provision.
The Senate recedes.
Equal treatment of insured depository institutions and credit unions
operating on military installations
The Senate bill contained a provision (sec. 2821) that
would amend section 2667 of title 10, United States Code, to
require the Department of Defense (DOD) to ensure that policies
governing depository institutions and credit unions operating
on military installations are equally applied to all relevant
institutions. Additionally, the provision would prohibit any
requirement for Secretaries of the military departments to
provide no-cost office space or no-cost land lease to any
insured depository institution or insured credit union.
The House amendment contained no similar provision.
The Senate recedes.
Prohibition on use of funds to privatize temporary lodging on
installations of Department of Defense
The Senate bill contained a provision (sec. 2824) that
would prohibit the Department of Defense for fiscal year 2020
to privatize temporary lodging on installations of the
Department.
The House amendment contained no similar provision.
The Senate recedes.
The conferees note that the significant management
shortfalls in the privatized family housing program may cast
doubt regarding the efficacy of future privatization
initiatives.
Report on encroachment challenges on military installations posed by
non-military aircraft
The House amendment contained a provision (sec. 2833)
that would require the Assistant Secretary of Defense for
Sustainment to submit a report on encroachment challenges and
mitigation strategies posed by non-military aircraft overflying
military installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Assistant Secretary of Defense
for Sustainment to submit a report, not later than 180 days
after the enactment of this act, which would describe:
(1) The encroachment challenges and security risks posed
by non-military aircraft overflying military installations
inside the United States, to include operational impacts,
installation and personnel security, and intelligence concerns,
and
(2) Practicable strategies and recommendations for
mitigation of any such challenges and risks, to include an
increased military regulatory authority and distinctions, if
any, among government/first responder, commercial, civil and
recreational aviation.
The term ``aircraft'' does not include unmanned aerial
vehicles known as drones, whether used for military or non-
military purposes, except that the Assistant Secretary of
Defense for Sustainment may make reference in the report to the
use of such unmanned aerial vehicles if the Secretary considers
reference to such use relevant to the subject of the report.
Report on capacity of Department of Defense to provide survivors of
natural disasters with emergency short-term housing
The House amendment contained a provision (sec. 2834)
that would require the Secretary of Defense to submit a report
on the capacity of the Department of Defense to provide
survivors of natural disasters with emergency short-term
housing.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report analyzing the capacity of the Department of Defense to
provide survivors of natural disasters with emergency short-
term housing to the congressional defense committees not later
than 220 days after the date of enactment of this Act.
Continued Department of Defense use of heating, ventilation, and air
conditioning systems utilizing variable refrigerant flow
The House amendment contained a provision (sec. 2836)
that would allow the Department of Defense to continue to
consider and select heating, ventilation, and air conditioning
systems that utilize variable refrigerant flow as an option for
use in Department facilities.
The Senate bill contained no similar provision.
The House recedes.
Report on Department of Defense use of intergovernmental support
agreements
The House amendment contained a provision (sec. 2837)
that would require the Secretary of Defense to submit a report
on the Department of Defense's use of intergovernmental support
agreements to the congressional defense committees.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report containing a plan to improve the collection and
monitoring of information regarding the consideration and use
of intergovernmental support agreements, as authorized by
section 2679 of title 10, United States Code, including
information regarding the financial and nonfinancial benefits
derived from the use of such agreements.
The report should be submitted to the congressional
defense committees not later than July 31, 2020.
Report on vulnerabilities from sea level rise to certain military
installations located outside the continental United States
The House amendment contained a provision (sec. 2873)
that would require the Secretary of Defense to submit a report
to the congressional defense committees on vulnerabilities from
sea level rise at certain installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees on
vulnerabilities from sea level fluctuation to covered
installations located outside of the continental United States.
For each covered installation, the report should include the
following:
(1) An analysis of the impacts to the operations,
contingency plans, and readiness of such installation from sea
level fluctuation.
(2) A discussion of mitigation efforts, including
dredging, reclaiming land, and island building, that may be
necessary due to a sea level fluctuation to ensure the
continued operational viability of such installation and to
increase the resiliency of such installation. The estimated
costs of such efforts should be included in the report.
(4) An identification of alternative locations for the
continuance of operations of such installation if such
installation is rendered inoperable.
The report should be submitted in unclassified form but
may contain a classified annex. For the purposes of this
report, the term ``covered installation'' means Naval Support
Facility Diego Garcia and Ronald Reagan Ballistic Missile
Defense Test Site, Kwajalein.
Report on projects awaiting approval from the Realty Governance Board
The House amendment contained a provision (sec. 2875)
that would require that the Secretary of Defense submit a
report describing the projects that are awaiting approval from
the Realty Governance Board to Congress.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report describing the projects that, as of the date of the
report, are awaiting approval from the Realty Governance Board.
The report should include the following:
(1) A list of projects awaiting evaluation for a Major
Land Acquisition Waiver; and
(2) An assessment of the impact a project described above
would have on the security of physical assets and personnel at
the military installation requesting the Major Land Acquisition
Waiver.
The report should be submitted to the congressional
defense committees not later than 180 days after the date of
the enactment of this Act.
Report on lead service lines at military installations
The House amendment contained a provision (sec. 2877)
that would require the Secretary of Defense to submit to the
congressional defense committees a report on lead services
lines at military installations.
The Senate bill contained no similar provision.
The House recedes.
The conferees direct the Secretary of Defense to submit a
report on lead service lines at military installations to the
congressional defense committees not later than January 1,
2021. The report should contain the following:
(1) The number of military installations at which lead
service lines are connected to schools, childcare centers and
facilities, buildings, and other facilities of the installation
as the Secretary determines appropriate.
(2) The total number of members of the Armed Forces
affected by the presence of lead service lines at military
installations and the number of such members with dependents.
(4) Actions, if any, undertaken by the Secretary to
inform individuals affected by the presence of lead service
lines at military installations of such presence.
(5) Recommendations for legislative action relating to
the replacement of lead service lines at military
installations.
Renaming of Lejeune High School in honor of Congressman Walter B. Jones
The House amendment contained a provision (sec. 2878)
that would rename Lejeune High School at Camp Lejeune, North
Carolina, ``Walter B. Jones Camp Lejeune High School.''
The Senate bill contained no similar provision.
The House recedes.
The conferees note Congressman Walter B. Jones' years of
service in support of servicemembers in the United States Armed
Forces and encourage the Secretary of the Navy and the
Commandant of the Marine Corps to rename a suitable building or
other infrastructure in honor and memoriam of Congressman
Jones.
Operation, maintenance, and preservation of Mare Island Naval Cemetery,
Vallejo, California
The House amendment contained a provision (sec. 2879)
that would allow the Secretary of Defense to provide not more
than $250,000 per fiscal year to aid in the operation,
maintenance, and preservation of the Mare Island Naval Cemetery
in Vallejo, California, if certain criteria, such as the city
entering into an agreement with a nonprofit historical
preservation organization, are met within 1 year after the date
of the enactment of this Act. The provision would further allow
the Secretary to reduce or forgo assistance in a fiscal year
and require the organization to submit to the Secretary an
annual report containing an audit of its financial revenues and
expenditures and describing how funds were used.
The Senate bill contained no similar provision.
The House recedes.
Title XXIX--Authorization of Overseas Contingency Operations Military
Construction and Emergency Military Construction
Subtitle A--Overseas Contingency Operations Military Construction
Summary
The budget request included $9,844,526,000 for Overseas
Contingency Operations military construction for fiscal year
2020. The conference agreement includes $921,420,000 for
Overseas Contingency Operations military construction for
fiscal year 2020. In addition, the conference agreement
includes $4,119,813,000 in emergency designated funding
required for military construction projects in support of
disaster recovery efforts at several military installations.
The agreement includes a $60.0 million increase in the
authorization of appropriations for Air Force Planning and
Design in support of overseas infrastructure requirements. In
addition, the agreement includes an increase of $36.2 million
for the Army, $36.2 million for the Navy and Marine Corps, and
$36.2 million for the Air Force in support of unspecified
military construction projects, with prior notification to the
congressional defense committees, that support the European
Deterrence Initiative.
As noted earlier in this report, the conferees recommend
the transfer of certain military constructions from the Base
budget request to the Overseas Contingency Operations title of
this Act. Specifically, these projects include:
(1) $53.3 million for an Electrical System Upgrade in
Bahrain;
(2) $77.4 million for a Communications Station at
Sigonella, Italy;
(3) $24.0 million for an Air Traffic Control Tower at
Azraq, Jordan; and
(4) $42.0 million for a Munitions Storage Area at Azraq,
Jordan.
Finally, the conference agreement does not include an
authorization or an authorization of appropriation for a High-
Value Detainee Facility at Guantanamo Bay, Cuba. The conferees
continue to have questions about the need to construct a new
permanent detention facility with increased capacity and
capabilities. Furthermore, the conferees believe the Department
has not adequately assessed alternative options to support
current and foreseeable detention requirements.
Authorized Army construction and land acquisition projects (sec. 2901)
The Senate bill contained a provision (sec. 2901) that
would authorize Army military construction projects for fiscal
year 2020 for overseas contingency operations. The authorized
amounts are listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2901).
The Senate recedes with a technical amendment.
Authorized Navy construction and land acquisition projects (sec. 2902)
The Senate bill contained a provision (sec. 2902) that
would authorize Navy military construction projects for fiscal
year 2020 for overseas contingency operations. The authorized
amounts are listed on an installation-by-installation basis.
The House amendment contained a similar provision (sec.
2902).
The Senate recedes with a technical amendment.
Authorized Air Force construction and land acquisition projects (sec.
2903)
The Senate bill contained a provision (sec. 2903) that
would authorize Air Force military construction projects for
fiscal year 2020 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained a similar provision (sec.
2903).
The Senate recedes with a technical amendment.
Authorized Defense Agencies construction and land acquisition projects
(sec. 2904)
The Senate bill contained a provision (sec. 2904) that
would authorize Defense Agencies military construction projects
for fiscal year 2020 for overseas contingency operations. The
authorized amounts are listed on an installation-by-
installation basis.
The House amendment contained an identical provision
(sec. 2904).
The conference agreement includes this provision.
Authorization of appropriations (sec. 2905)
The Senate bill contained a provision (sec. 2907) that
would authorize appropriations for military construction in the
overseas contingency operations account for fiscal year 2020.
The House amendment contained an identical provision
(sec. 2905).
The conference agreement includes this provision.
Subtitle B--Emergency Military Construction
Authorization of emergency Navy construction and land acquisition
projects (sec. 2911)
The House amendment contained a provision (sec. 3001)
that would authorize emergency military construction projects
for the Department of the Navy to support recovery of military
facilities and infrastructure damaged by natural disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
Department of Navy emergency construction projects.
Authorization of emergency Air Force construction and land acquisition
projects (sec. 2912)
The House amendment contained a provision (sec. 3002)
that would authorize emergency military construction projects
for the Air Force to support recovery of military facilities
and infrastructure damaged by natural disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
Air Force emergency construction projects.
Authorization of emergency Army National Guard construction and land
acquisition projects (sec. 2913)
The Senate bill contained a provision (sec. 2905) that
would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense Agencies, and
Reserve Components.
The House amendment contained a provision (sec. 3004)
that would authorize emergency military construction projects
for the Army National Guard and Army Reserve to support
recovery of military facilities and infrastructure damaged by
natural disasters.
The House recedes with an amendment that would authorize
Army National Guard and Army Reserve emergency construction
projects.
Authorization of emergency Defense Agencies construction and land
acquisition projects (sec. 2914)
The House amendment contained a provision (sec. 3003)
that would authorize emergency military construction projects
for the Army National Guard and Army Reserve to support
recovery of military facilities and infrastructure damaged by
natural disasters.
The Senate bill contained a similar provision (sec. 2905)
that would authorize emergency construction projects for the
Department of the Navy, Air Force, Defense-wide Agencies, and
Reserve Components.
The Senate recedes with an amendment that would authorize
defense agency emergency construction projects.
Authorization of emergency supplemental appropriations for military
construction projects (sec. 2915)
The agreement includes a provision that would authorize
appropriations for emergency military construction at the
levels identified in section 4603 of division D of this Act.
LEGISLATIVE PROVISIONS NOT ADOPTED
Replenishment of certain military constructions funds
The Senate bill contained a provision (sec. 2906) that
would authorize $3.6 billion in military construction, overseas
contingency operations, for the purposes of replenishing funds
for previously authorized military construction projects that
were repurposed under section 2808 of title 10, United States
Code, from the national emergency declared on the southern
border under the National Emergencies Act (Public Law 94-412).
The House amendment contained no similar provision.
The Senate recedes.
Title XXX--Military Housing Privatization Reform
Definitions (sec. 3001)
The Senate bill contained a provision (sec. 3001) that
would provide definitions for specific terms for this title.
The House amendment contained no similar provision.
The House recedes with an amendment that would modify
certain definitions and provide for a technical change.
Subtitle A--Addition of New Reform Subchapter
Improved accountability and oversight of privatized military housing
and protections and responsibilities for tenants of privatized
military housing (sec. 3011)
The Senate bill contained a provision (sec. 3011) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense, in
coordination with the secretaries of the military departments,
to develop a document to be known as the ``Tenant Bill of
Rights,'' which would include, but not be limited to, minimum
rights, such as homes that meet minimum health and
environmental standards, the ability to report inadequate
living standards to the military chain of command without fear
of reprisal, and the ability to enter into a dispute resolution
process for purposes of recouping basic allowance for housing.
The House amendment contained a similar provision (sec.
2811).
The House recedes with an amendment that would include
general contract requirements for military housing units,
require congressional notification 30 days before changes to
the bill of rights are released, and provide for a technical
change.
Designation of Chief Housing Officer for privatized military housing
(sec. 3012)
The Senate bill contained a provision (sec. 3012) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring that the Secretary of Defense
designate a Chief Housing Officer, who shall be a
presidentially appointed and Senate-confirmed Department of
Defense official. The provision would require the Chief Housing
Officer to establish and maintain the Office of the Chief
Housing Officer, whose purpose would be to conduct oversight of
the Military Housing Privatization Initiative (MHPI) by
standardizing policies and conducting audits of contracts,
agreements, and work order incentive fees.
The House amendment contained no similar provision.
The House recedes with an amendment that would make the
role of Chief Housing Officer non-delegable; change the scope
of responsibility to include oversight of any Department-wide
policies related to the MHPI; drop the requirement that the
Chief Housing Officer conduct audits of contracts, agreements,
and work order incentive fees; and provide for a technical
change.
Additional requirements relating to contracts for privatized military
housing (sec. 3013)
The Senate bill contained a provision (sec. 3044) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to include
certain requirements for any contract with a term of more than
10 years for the purpose of privatized military housing. The
provision would require that contracts: allow the Department of
Defense to renegotiate the contract at minimum every 5 years,
prohibit the continued working under the contract of any
employee who has committed work order fraud under the contract,
and require the private contractor to pay a tenant's relocation
fees and living expenses if a tenant is required to move due to
health or environmental hazards.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
10-year timeframe and requirement that contacts be renegotiated
at minimum every 5 years; require that the private management
company or private partner reimburse the Department of Defense
for the costs of any medical evaluations and treatment provided
to a tenant if the landlord is found by the Secretary concerned
to have failed to maintain safe and sanitary conditions;
require that the Secretary of Defense seek agreement from all
property management companies or private partners to
participate in the requirements retroactively and submit to the
congressional defense committees a list of landlords who
decline to participate; and provide for a technical change.
Additional requirements relating to management of privatized military
housing (sec. 3014)
The Senate bill contained a provision (sec. 3043) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to ensure
that operating agreements for any Department of Defense
installation where on-base housing is managed by a private
contractor include certain requirements. The provision would
also include requirements for the installation commander, the
head of each housing management office, and the private
contractor.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the landlord to maintain an electronic work order system that
can be accessed by the tenant; prohibit the landlord from
imposing a supplemental payment, such an out-of-pocket fee, on
a tenant in addition to rent; require that the Secretary of
Defense seek agreement from all property management companies
or private partners to participate in the requirements
retroactively and submit to the congressional defense
committees a list of landlords who decline to participate; and
provide for a technical change.
Consideration of contractor history in contracts for privatized
military housing (sec. 3015)
The Senate bill contained a provision (sec. 3014) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to consider
a private contractor's past performance when deciding whether
or not to enter into a new contract or renew an existing
contract with that contractor.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Additional improvements for management of privatized military housing
(sec. 3016)
The Senate bill contained a provision (sec. 3019) that
would amend chapter 169 of title 10, United States Code, to
require the Secretary of Defense to establish a database that
makes available to the public complaints from tenants related
to privatized military housing units, together with the
landlord's response to each such complaint.
The House amendment contained a similar provision (sec.
2820) that would amend subchapter IV of chapter 169 of title
10, United States Code, to require the Secretary of Defense to
establish a publicly available database of complaints relating
to privatized military family housing. This section would also
require an annual audit to be performed by the Comptroller
General of the United States of a small, medium, and large
military installation with privatized military family housing.
This section would also amend section 2884 of title 10, United
States Code, by directing the Secretary of Defense to provide
an annual report on military housing to the defense committees.
The Senate recedes with an amendment that would ensure
the collected information exclude personally identifiable
information and be limited to the installation, management
company, and nature of the complaint and provide for a
technical change.
Maintenance work order system for privatized military housing (sec.
3017)
The Senate bill contained a provision (sec. 3020) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring each private contractor that provides
housing under this subchapter to provide the housing management
office at each installation access to their maintenance work
order system.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Access by tenants of privatized military housing to maintenance work
order system (sec. 3018)
The Senate bill contained a provision (sec. 3021) that
would require that each landlord for a privatized military
housing unit have an electronic work order system and provide
tenants with access to such system.
The House amendment contained no similar provision.
The House recedes.
Access by tenants to historical maintenance information for privatized
military housing (sec. 3019)
The Senate bill contained a provision (sec. 3033) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring each private contractor that provides
housing under this subchapter to provide prospective tenants
with information regarding maintenance conducted at prospective
housing units for the previous 10 years.
The House amendment contained no similar provision.
The House recedes with an amendment that would change 10
years to 7 years, require any renovations be included in the
provided history, and provide for a technical change.
Prohibition on requirement to disclose personally identifiable
information in certain requests for maintenance of privatized
military housing (sec. 3020)
The Senate bill contained a provision (sec. 3034) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by adding a section prohibiting any private
contractor who is responsible for military housing from using a
maintenance work order call center outside the United States.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
prohibition to a prohibition on requiring tenants to disclose
personally identifiable information to call centers and provide
for a technical change.
Treatment of incentive fees for landlords of privatized military
housing for failure to remedy a health or environmental hazard
(sec. 3021)
The Senate bill contained a provision (sec. 3045) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, to require the Secretary of Defense to withhold
incentive fees, which would otherwise be paid to a private
contractor under this subchapter, for failure to remedy a
health or environmental hazard.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Dispute resolution process for landlord-tenant disputes regarding
privatized military housing and requests to withhold payments
during dispute resolution process (sec. 3022)
The Senate bill contained a provision (sec. 3031) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, to require the Secretary of Defense to implement a
formal dispute resolution process on each military installation
with privatized military housing units.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
the dispute resolution process, ensure that tenants entering
into such a process have access and assistance from a military
housing advocate or military legal assistance attorney, and
provide for a technical change.
Investigation of reports of reprisals relating to privatized military
housing and congressional notification (sec. 3023)
The House amendment contained a provision (sec. 2824)
that would require the Assistant Secretary of Defense for
Sustainment to investigate all reports of reprisal against a
member of the Armed Forces for reporting an issue relating to a
housing issue under this subchapter.
The Senate bill contained no similar provision.
The Senate recedes with a technical amendment.
Prohibition on use of nondisclosure agreements in connection with
leases of privatized military housing (sec. 3024)
The House amendment contained a provision (sec. 2812)
that would amend section 2882 of title 10, United States Code,
to prohibit the use of non-disclosure agreements in connection
with entering into, continuing, or terminating a lease for a
housing unit covered under the Military Housing Privatization
Initiative.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle B--Other Amendatory Provisions
Installation of carbon monoxide detectors in military family housing
(sec. 3031)
The House amendment contained a provision (sec. 2821)
that would amend section 2821 of title 10, United States Code,
by requiring the Secretary concerned to provide for the
installation and maintenance of carbon monoxide detectors in
each unit of military family housing under their jurisdiction.
The Senate bill contained no similar provision.
The Senate recedes.
Authority to furnish certain services in connection with use of
alternative authority for acquisition and improvement of
military housing (sec. 3032)
The House amendment contained a provision (sec. 2813)
that would amend section 2872a of title 10, United States Code,
to add street sweeping and tree trimming and removal to the
list of reimbursable services that may be furnished under that
section.
The Senate bill contained no similar provision.
The Senate recedes.
Treatment of breach of contract for privatized military housing (sec.
3033)
The Senate bill contained a provision (sec. 3015) that
would amend subchapter IV of chapter 169 of title 10, United
States Code, by requiring the Secretary of Defense to withhold
any amount owed under the contract as well as to rescind the
contract if a material breach is found and not remedied within
90 days.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Modification to requirements for window fall prevention devices in
military family housing units (sec. 3034)
The Senate bill contained a provision (sec. 3036) that
would amend section 2879(c) of title 10, United States Code, by
striking ``24 inches'' and inserting ``42 inches''.
The House amendment contained a similar provision (sec.
2814) that would amend section 2879 of title 10, United States
Code, to modify the requirements and applicable standards for
window fall prevention devices.
The Senate recedes.
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. 3035)
The Senate bill contained a provision (sec. 3046) that
would amend section 559 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91) to extend direct
hire authority to fill civil service position vacancies at
installation military housing offices.
The House amendment contained no similar provision.
The House recedes.
Modification of authority to make payments to lessors of privatized
military housing (sec. 3036)
The Senate bill contained a provision (sec. 3017) that
would amend section 606 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), by
repealing the requirement that the Secretary of Defense pay an
additional 5 percent of the calculated Basic Allowance for
Housing (BAH) for residents of Military Housing Privatization
Initiative (MHPI) projects to MHPI projects. The provision
would require the Secretaries of the military departments to
provide additional payments to MHPI projects equivalent to 2
percent of the calculated BAH for residents of MHPI projects.
The Secretaries of the military departments would be required
to use 3 percent of the calculated BAH for MHPI residents to
make improvements to the oversight and management of MHPI
projects.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
service secretaries to provide additional payments to MHPI
projects equivalent to 2.5 percent of the calculated BAH for
residents of each MHPI project. Service secretaries would also
be required to provide an additional 2.5 percent of the
calculated BAH for MHPI residents to MHPI projects that are
determined to be underfunded. If the Chief Housing Officer
determines no MHPI projects within a particular military
department are underfunded, the Secretary of the military
department concerned shall use any remaining funds to enhance
the quality of life of military families residing in MHPI
housing.
Technical correction to definition used to make payments to lessors of
privatized military housing (sec. 3037)
The Senate bill contained a provision (sec. 3055) that
would amend section 606(d) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) to define eligible privatized housing projects as those
that were procured, acquired, constructed, or for which any
phase or portion of a project was first finalized and signed on
or before September 30th, 2014.
The House bill contained no similar provision.
The House recedes.
Subtitle C--One-Time Reporting Requirements
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. 3041)
The House amendment contained a provision (sec. 2817)
that would require the Secretary of Defense, in coordination
with the secretaries of the military departments, to provide a
report to the congressional defense committees not later than
September 30, 2020, on the manpower requirements and execution
plan to staff military housing offices and headquarters to fill
gaps in oversight personnel.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
breakdown of requirements by function, such as oversight, home
inspectors, and maintenance, for additional personnel required.
Plans for creation of councils on privatized military housing (sec.
3042)
The Senate bill contained a provision (sec. 3042) that
would require the Assistant Secretary for energy,
installations, and environment of each military department to
establish a military housing council to identify and resolve
problems with military housing managed by private contractors.
The House amendment contained no similar provision.
The House recedes with an amendment that would instead
require each Assistant Secretary concerned to submit a plan for
the creation of a privatized military housing council to the
congressional defense committees not later than February 1,
2020.
Plan for establishment of Department of Defense jurisdiction over off-
base privatized military housing (sec. 3043)
The Senate bill contained a provision (sec. 3047) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments, to submit a plan
to establish jurisdiction at locations with privatized military
housing not located on a military installation to the
congressional defense committees not later than 30 days after
the enactment of this Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
due date for the plan from 30 days to 180 days.
Inspector General review of Department of Defense oversight of
privatized military housing (sec. 3044)
The House amendment contained a provision (sec. 2818)
that would require the Inspector General of the Department of
Defense to conduct an annual review of the Department's
oversight of privatized military family housing at 15 randomly
selected installations and publish the results on a publicly
available website.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would change
the number of installations to be reviewed from 15 to 3.
Information on legal services provided to members of the Armed Forces
harmed by health or environmental hazards at military housing
(sec. 3045)
The Senate bill contained a provision (sec. 3053) that
would require the Secretary of Defense to submit a report not
later than 90 days after the enactment of this Act to the
congressional defense committees on the legal services
available to members of the Armed Forces who have been harmed
by health and environmental hazards while living in military
housing.
The House amendment contained an identical provision
(sec. 550M).
The conference agreement includes this provision.
Subtitle D--Development of Housing Reform Standards and Processes
Uniform code of basic standards for privatized military housing and
plan to conduct inspections and assessments (sec. 3051)
The Senate bill contained a provision (sec. 3016) that
would require the Secretary of Defense to establish a uniform
code of basic housing standards for safety, comfort, and
habitability for privatized military housing. The provision
would also require the Secretary to submit to the congressional
defense committees, not later than February 1, 2020, this
uniform code and a plan for the Department of Defense to
contract with home inspectors to conduct inspections and
assessments of habitability and structural integrity of each
housing unit as specified under subchapter IV of chapter 169 of
title 10, United States Code. Finally, the provision would
require that said inspections be completed no later than
February 1, 2021.
The House amendment contained a similar provision (sec.
2819).
The House recedes with an amendment that would require
that the uniform code of basic housing standards be implemented
by February 1, 2021, and meet or exceed requirements informed
by a nationally recognized, consensus-based, model property
maintenance code.
Tool for assessment of hazards in Department of Defense housing (sec.
3052)
The House amendment contained a provision (sec. 2815)
that would require the Secretary of Defense to develop an
assessment tool to identify and measure health and safety
hazards in Department of Defense housing, to include privatized
housing, and provide a report to the Committees on Armed
Services of the Senate and the House of Representatives.
The Senate bill contained no similar provision.
The Senate recedes.
Process to identify and address environmental health hazards in
Department of Defense housing (sec. 3053)
The House amendment contained a provision (sec. 2816)
that would require the Secretary of Defense, in coordination
with the secretaries of the military departments, to develop a
process to identify, record, and resolve environmental health
hazards in Department of Defense housing, to include privatized
housing, and to provide a report to the Committees on Armed
Services of the Senate and the House of Representatives.
The Senate bill contained no similar provision.
The Senate recedes.
Department of Defense policy on lead-based paint testing on military
installations (sec. 3054)
The Senate bill contained a provision (sec. 3051) that
would require the Secretary of Defense to establish a policy
under which a qualified individual may access a military
installation to conduct lead testing, with all results to be
shared with the installation civil engineer, housing management
office, and major subordinate command with jurisdiction over
the installation. Additionally, the provision would require the
Secretary of Defense to annually submit a report, not later
than February 1 of each year, to the congressional defense
committees.
The House amendment contained a similar provision (sec.
2822).
The Senate recedes with a technical amendment that would
amend the annual reporting requirement by including it in the
annual housing report.
Standard for minimum credentials for health and environmental
inspectors of privatized military housing (sec. 3055)
The Senate bill contained a provision (sec. 3018) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on a standard for common
credentials to be used throughout the Department of Defense for
purposes of health and environmental hazard inspection to
include, at a minimum, categories for lead, mold, and radon.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Requirements relating to move-in, move-out, and maintenance of
privatized military housing (sec. 3056)
The Senate bill contained a provision (sec. 3037) that
would require the Secretary of Defense, in consultation with
the secretaries of the military departments, to develop a
uniform move-out checklist for tenants of privatized military
housing. This provision would also require that all maintenance
issues and work orders related to health and safety issues at
privatized military housing be reported to the commander of the
installation at which the housing is located.
The House amendment contained no similar provision.
The House recedes with an amendment that would change the
deadline from 30 days to 60 days, among other technical and
clarifying changes.
Standardized documentation, templates, and forms for privatized
military housing (sec. 3057)
The Senate bill contained a provision (sec. 3041) that
would require the Secretary of Defense, in coordination with
the secretary of each military department, to develop standard
documentation, templates, and forms for privatized military
housing. The provision would also require the Secretary of
Defense to issue guidance within 30 days of the enactment of
this Act and to deliver an implementation plan to the
congressional defense committees not later than February 1,
2020.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Satisfaction survey for tenants of military housing (sec. 3058)
The Senate bill contained a provision (sec. 3052) that
would require the Secretary of Defense to ensure that each
military department utilizes the same electronic satisfaction
survey for all surveys relating to the customer service
experience of all military housing residents, those living in
both government and privately managed housing units. The
committee believes that one standard survey will allow for
improved data collection to pinpoint problems and best
practices with ease and assist in regaining the trust of
military families and servicemembers.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Subtitle E--Other Housing Reform Matters
Radon testing of privatized military housing (sec. 3061)
The Senate bill contained a provision (sec. 3035) that
would require the Secretary of Defense to submit a report not
later than March 1, 2020, to the congressional defense
committees that identifies all Department of Defense
installations that should be monitored for levels of radon in
excess of that in the Environmental Protection Agency's
recommendations. The provision would also require the Secretary
of Defense to establish testing procedures for all privatized
military housing at installations that have been identified as
requiring radon monitoring and would include a requirement to
complete initial testing for all privatized military housing by
June 1, 2020. The provision would also require the Secretary of
Defense to certify on an annual basis that radon testing is
being conducted for privatized military housing.
The House amendment contained no similar provision.
The House recedes with an amendment that would drop the
annual testing certification and make technical changes.
Mitigation of risks posed by certain items in military family housing
units (sec. 3062)
The Senate bill contained a provision (sec. 3054) that
would require the Secretary of Defense to allow a resident of a
military family housing unit to anchor any furniture,
television, or large appliance to the wall of the unit for
purposes of preventing such item from tipping over without
incurring a penalty or obligation to repair the wall upon
vacating the unit. Further, the provision would require the
Secretary to ensure that certain freestanding furniture taller
than 27 inches be securely anchored in furnished military
family housing units under the jurisdiction of the Department
of Defense.
The House amendment contained no similar provision.
The House recedes.
Suspension of Resident Energy Conservation Program and related programs
for privatized military housing (sec. 3063)
The Senate bill contained a provision (sec. 3032) that
would suspend the Department of Defense's Resident Energy
Conservation Program (RECP) until the Secretary of Defense can
certify that 100 percent of military housing on installations
is individually metered and certified by an independent entity
through an energy audit. Furthermore, the provision would
terminate the RECP if the Secretary of Defense is unable to
certify the individual usage 2 years after enactment of this
Act.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove the
term of suspension requirement that the military housing be
certified by an independent entity through an energy audit.
Department of the Army pilot program to build and monitor use of single
family homes (sec. 3064)
The Senate bill contained a provision (sec. 3056) that
would require the Secretary of the Army to carry out a pilot
program to build and monitor the use of not fewer than five
single family homes for members of the Army and their families.
The House amendment contained a similar provision (sec.
2823).
The Senate recedes with a technical amendment.
LEGISLATIVE PROVISIONS NOT ADOPTED
Command oversight of military privatized housing as element of
performance evaluations
The Senate bill contained a provision (sec. 3013) that
would require each service secretary to ensure that performance
evaluations indicate the extent to which the following
individuals have or have not exercised effective oversight and
leadership of military privatized housing: (1) Commanders of
military installations with privatized military housing; (2)
Each officer or senior enlisted member whose duties include
facilities or housing management at such installations; and (3)
Any other officer or enlisted member as specified by the
secretary concerned.
The House amendment contained no similar provision.
The Senate recedes.
The conferees agree that commanders of military
installations have an important responsibility for ensuring
safe, high quality housing for servicemembers and their
families living on such installations. The conferees intend to
watch closely how commanders and other senior officer and
enlisted personnel oversee the housing conditions on their
installations, including such conditions in military barracks
and dormitories.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
Title XXXI--Department of Energy National Security Programs
Subtitle A--National Security Programs Authorizations
National Nuclear Security Administration (sec. 3101)
The Senate bill contained a provision (sec. 3101) that
would authorize appropriations for the National Nuclear
Security Administration for fiscal year 2020.
The House amendment contained a similar provision (sec.
3101).
The House recedes.
Defense environmental cleanup (sec. 3102)
The Senate bill contained a provision (sec. 3102) that
would authorize the appropriation of funds for the Department
of Energy's defense environmental cleanup activities.
The House amendment contained a similar provision (sec.
3102).
The House recedes.
Other defense activities (sec. 3103)
The Senate bill contained a provision (sec. 3103) that
would authorize appropriations for other defense activities of
the Department of Energy for fiscal year 2020.
The House amendment contained an identical provision
(sec. 3103).
The conference agreement includes this provision.
Nuclear energy (sec. 3104)
The Senate bill contained a provision (sec. 3104) that
would authorize appropriations for certain nuclear energy
programs of the Department of Energy for fiscal year 2020.
The House amendment contained an identical provision
(sec. 3104).
The conference agreement includes this provision.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Personnel matters at National Nuclear Security Administration (sec.
3111)
The Senate bill contained a provision (sec. 3113) that
would remove the cap on the use of excepted service hiring
authority pursuant to section 3241 of the National Nuclear
Security Administration (NNSA) Act (50 U.S.C. 2441).
The House amendment contained a provision (sec. 3111)
that would raise the cap on the number of full-time equivalent
federal employees of the NNSA from 1,690 to 1,890, and modify
the reporting requirement contained in section 3241A(f) of the
NNSA Act relating to service support contracts of the NNSA.
The Senate recedes with an amendment that would also
raise the cap on the use of excepted service hiring authority
pursuant to section 3241 from 600 to 800 employees.
Estimation of costs of meeting defense environmental cleanup milestones
required by consent orders (sec. 3112)
The Senate bill contained a provision (sec. 3121) that
would require the Secretary of Energy to submit, along with the
budget justification materials, a report on the cost of meeting
milestones required by a consent order at each defense nuclear
facility at which environmental cleanup activities are taking
place.
The House amendment contained no similar provision.
The House recedes with a clarifying amendment.
Office of Cost Estimating and Program Evaluation (sec. 3113)
The House amendment contained a provision (sec. 3112)
that would express the sense of Congress regarding the
persistent under-staffing of the Office of Cost Estimating and
Program Evaluation (CEPE) at the National Nuclear Security
Administration (NNSA). The provision would also require that
the Director of CEPE report directly to the Administrator of
the NNSA, and require the Administrator to provide a briefing
to the congressional defense committees on the plan to ensure
the full staffing of the office.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would strike
the sense of Congress.
Clarification of certain Stockpile Responsiveness Program objectives
(sec. 3114)
The House amendment contained a provision (sec. 3113)
that would clarify the objectives of the Stockpile
Responsiveness Program as defined in section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b).
The Senate bill contained no similar provision.
The Senate recedes.
Elimination of limitation on availability of funds relating to
submission of annual reports on unfunded priorities (sec. 3115)
The House amendment contained a provision (sec. 3117)
that would repeal the limitation on funds authorized to be
appropriated for travel and transportation within the Federal
salaries and expenses account at the National Nuclear Security
Administration until the Administrator for Nuclear Security
submits a report to the congressional defense committees
containing at least one unfunded priority pursuant to section
4719 of the Atomic Energy Defense Act (50 U.S.C. 2756).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would add a
requirement that, if the Administrator determines that there
are no unfunded priorities to include in the report, the
Administrator, without delegation, shall certify and explain
such determination to the congressional defense committees.
Modification to certain requirements relating to plutonium pit
production capacity (sec. 3116)
The Senate bill contained a provision (sec. 8102) that
would express the sense of the Senate that rebuilding plutonium
pit production infrastructure of the National Nuclear Security
Administration (NNSA) with a capacity of up to 80 pits per year
is critical to maintaining the viability of the nuclear
stockpile, and any further delay to achieving this capability
would be unacceptable. The provision would also amend section
4219 of the Atomic Energy Defense Act (50 U.S.C. 2538a) to
repeal the requirement for the NNSA to demonstrate for 90 days
by 2029 the capability to produce pits at a rate sufficient to
produce 80 pits per year, and replace it with a requirement to
produce no fewer than 80 pits per year in 2030.
The House amendment contained a provision (sec. 3114)
that would express the sense of Congress that the NNSA should
prioritize achieving production of 30 plutonium pits per year
at Los Alamos National Laboratory, and ensure that efforts to
design and construct a second site do not divert resources. The
provision would also amend section 4219 of the Atomic Energy
Defense Act to repeal the requirement for the 90-day
demonstration by 2029.
The House recedes with a technical amendment.
Annual certification of shipments to Waste Isolation Pilot Plant (sec.
3117)
The House amendment contained a provision (sec. 3115)
that would extend the certification of shipments of waste to
the Waste Isolation Pilot Plant from a 3-year period to a 10-
year period.
The Senate bill contained no similar provision.
The Senate recedes.
Extension and modification of pilot program on unavailability for
overhead costs of amounts specified for laboratory-directed
research and development (sec. 3118)
The Senate bill contained a provision (sec. 3114) that
would make permanent the pilot program conducted under section
3119 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) that temporarily prohibited the use
of laboratory-directed research and development to cover
general and administrative overhead costs, including for
nuclear weapons production facilities.
The House amendment contained a provision (sec. 3124)
that would express the sense of Congress that the Secretary of
Energy should ensure that the National Nuclear Security
Administration's laboratories, plants, and sites are operated
using generally accepted accounting best practices for
laboratory-, plant-, or site-directed research and development.
The provision would also require the Administrator for Nuclear
Security to submit to the congressional defense committees a
report assessing the pilot program conducted under section 3119
of the National Defense Authorization Act for Fiscal Year 2017.
The House recedes with an amendment that would extend the
pilot program conducted under section 3119 for an additional
year, and clarify the deadline for the report required by the
same section.
Modification to limitation on availability of funds for acceleration of
nuclear weapons dismantlement (sec. 3119)
The House amendment contained a provision (sec. 3116)
that would repeal section 3125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
including the limitation on the maximum amount of funding
available in a fiscal year for nuclear weapons dismantlement
and disposition and the limitation on acceleration of
dismantlement activities.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would, instead
of repealing section 3125, increase the limitation on
dismantlement funding in that section from $56.0 million to
$87.0 million.
Implementation of common financial reporting system for nuclear
security enterprise (sec. 3120)
The Senate bill contained a provision (sec. 8101) that
would prohibit obligation or expenditure of more than 90
percent of fiscal year 2020 funds for the National Nuclear
Security Administration's federal salaries and expenses account
for travel and transportation until the Administrator for
Nuclear Security completes implementation of the common
financial reporting system for the nuclear security enterprise
as required by section 3113(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
The House amendment contained no similar provision.
The House recedes.
Limitation relating to reclassification of high-level waste (sec. 3121)
The House amendment contained a provision (sec. 3128)
that would provide that none of the funds authorized to be
appropriated by this Act, or otherwise made available for
fiscal year 2020 for the Department of Energy, may be obligated
or expended by the Secretary of Energy to apply the
interpretation of high-level radioactive waste described in the
``Supplemental Notice Concerning U.S. Department of Energy
Interpretation of High-Level Radioactive Waste'' (84 Fed. Reg.
26835), or successor notice, with respect to such waste located
in the State of Washington.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would eliminate
section (b) Rule of Construction.
The conferees note that the inclusion of the provision
does not prejudice how to process high-level waste nor does it
discourage the use of the Department of Energy's interpretation
of high-level waste in future years or at other locations.
National Laboratory Jobs ACCESS Program (sec. 3122)
The House amendment contained a provision (sec. 3120)
that would authorize the Secretary of Energy to establish the
Department of Energy National Lab Jobs ACCESS Program.
The Senate bill contained no similar provision.
The Senate recedes with certain clarifying amendments.
Subtitle C--Reports and Other Matters
Civil penalties for violations of certain whistleblower protections
(sec. 3131)
The House amendment contained a provision (sec. 3127)
that would clarify civil penalties for violations of Department
of Energy whistleblower protections, especially for employees
of contractors or subcontractors of the National Nuclear
Security Administration.
The Senate bill contained no similar provision.
The Senate recedes with several technical amendments.
Repeal of assessments of adequacy of budget requests relating to
nuclear weapons stockpile (sec. 3132)
The Senate bill contained a provision (sec. 3122) that
would extend the suspension through fiscal year 2023 of the
requirement contained in section 3255 of the National Nuclear
Security Administration Act (50 U.S.C. 2455) for the
Comptroller General of the United States to review the budget
submission of the National Nuclear Security Administration.
The House amendment contained no similar provision.
The House recedes with an amendment that would repeal
section 3255 and the requirement for Comptroller General review
altogether.
The conferees note that, elsewhere in this Act, a similar
review requirement originally contained in section 1043 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 112-81) has been further extended through 2024.
Repeal of requirement for review relating to enhanced procurement
authority (sec. 3133)
The Senate bill contained a provision (sec. 3123) that
would terminate the requirement for the Comptroller General of
the United States to review the Secretary of Energy's enhanced
procurement authority after fiscal year 2019.
The House amendment contained no similar provision.
The House recedes.
The conferees note that the Comptroller General recently
completed a report required by the same subsection, entitled
``Nuclear Supply Chain: NNSA Should Notify Congress of Its
Recommendations to Improve the Enhanced Procurement Authority''
(GAO-19-606R). According to the report, the National Nuclear
Security Administration (NNSA) has not used the enhanced
procurement authority since it was authorized in 2013, because
of concerns related to the process. The sole recommendation
contained in the report is that the Secretary of Energy and the
Administrator of the NNSA formally communicate to Congress
their suggested changes to the authority in a timely manner;
the conferees urge the Secretary and the Administrator to do so
in time for consideration in the fiscal year 2021 authorization
process.
Improvements to Energy Employees Occupational Illness Compensation
Program Act of 2000 (sec. 3134)
The House amendment contained a provision (sec. 3126)
that would modify the duties of the Office of the Ombudsman of
the Department of Labor, and extend the Office through October
28, 2020. The provision would also make certain modifications
to the Advisory Board on Toxic Substances and Worker Health.
The Senate bill contained no similar provision.
The Senate recedes.
Replacement of W78 warhead (sec. 3135)
The House amendment contained a provision (sec. 3119)
that would require the Administrator for Nuclear Security to
conduct an analysis of alternatives with respect to replacing
the W78 warhead, including the technical risks and costs for
each option to replace the W78. The provision would require the
Director for Cost Estimating and Program Evaluation (CEPE) at
the National Nuclear Security Administration to review the
analysis. The provision would further require the Administrator
to submit a report on the W78 replacement, including the
analysis of alternatives and the CEPE review, and would
prohibit the obligation or expenditure of more than 75 percent
of funds for this program until such report is submitted.
Finally, the provision would require the Administrator to
arrange for the JASON advisory group to conduct a study on the
W78 replacement, including an assessment of the risks to
certification and the need for planned upgrades to the warhead.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would remove the
prohibition on obligation or expenditure of funds, and change
the analysis of alternatives to a report describing
alternatives previously considered, including any changes since
January 15, 2014, to the requirements for the program.
Independent review of capabilities for detection, verification, and
monitoring of nuclear weapons and fissile material (sec. 3136)
The House amendment contained a provision (sec. 3121)
that would require the Secretary of Energy to enter into a
contract with the National Academy of Sciences to conduct an
independent review and assessment of a plan for nuclear
detection and verification and monitoring of nuclear weapons
and fissile material. The provision would require the Secretary
to submit the resulting study to the congressional defense
committees no later than 270 days from the date of enactment of
this Act.
The Senate bill contained no similar provision.
The Senate recedes with amendments that would modify some
elements of the study, and modify the required date of
submission to 1 year from the date of enactment of this Act.
Assessment of high energy density physics (sec. 3137)
The Senate bill contained a provision (sec. 3125) that
would require the Administrator for Nuclear Security to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct an assessment of the
current status of the field of high energy density physics.
The House amendment contained no similar provision.
The House recedes.
Determination of effect of treaty obligations with respect to producing
tritium (sec. 3138)
The Senate bill contained a provision (sec. 3124) that
would require the Secretary of Energy to determine whether the
Agreement for Cooperation on the Uses of Atomic Energy for
Mutual Defense Purposes, signed at Washington on July 3, 1958,
permits obtaining uranium from the United Kingdom to produce
tritium for defense purposes using reactor irradiation.
The House amendment contained no similar provision.
The House recedes.
Technical corrections to National Nuclear Security Administration Act
and Atomic Energy Defense Act (sec. 3139)
The Senate bill contained a provision (sec. 3111) that
would make certain technical corrections to the National
Nuclear Security Administration Act (50 U.S.C. Ch. 41) and the
Atomic Energy Defense Act (50 U.S.C. Ch. 42).
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
National Nuclear Security Administration Personnel System
The Senate bill contained a provision (sec. 3112) that
would make permanent the personnel demonstration project
carried out by the National Nuclear Security Administration
since 2008.
The House amendment contained no similar provision.
The Senate recedes.
Program for research and development of advanced naval nuclear fuel
system based on low-enriched uranium
The Senate bill contained a provision (sec. 3115) that
would prohibit the obligation or expenditure of any funds for
fiscal year 2020 or thereafter for the National Nuclear
Security Administration to conduct research and development for
an advanced naval nuclear fuel system based on low-enriched
uranium (LEU) unless the Secretary of Defense, Secretary of
Energy, and Secretary of the Navy submit certain certifications
to the congressional defense committees.
The House amendment contained a provision (sec. 3118)
that would require the Administrator for Nuclear Security to
establish a program to assess the viability of using LEU in
naval nuclear propulsion reactors, including reactors located
on aircraft carriers and submarines, that meet the requirements
of the Navy. The provision would require this program to
include down-blending of high-enriched uranium (HEU) into LEU,
manufacturing of candidate fuels, irradiation tests and post-
irradiation examination capabilities, and modification or
procurement of equipment and infrastructure related to these
activities. Finally, the provision would require the
Administrator to submit a plan to carry out this program,
including the funding requirements associated.
The House amendment also contained a provision (sec.
3122) that would authorize to be appropriated $20.0 million for
low-enriched uranium research and development within the
defense nuclear nonproliferation account.
The conference agreement does not include any of these
provisions.
Availability of amounts for denuclearization of Democratic People's
Republic of North Korea
The House amendment contained a provision (sec. 3123)
that would increase by $10.0 million the funding authorized for
defense nuclear nonproliferation to develop and prepare to
implement a monitoring and verification program for the phased
denuclearization of the Democratic People's Republic of North
Korea.
The Senate bill contained no similar provision.
The House recedes.
Funding for inertial confinement fusion ignition and high yield program
The House amendment contained a provision (sec. 3125)
that would increase by $5.0 million the funding authorized for
the inertial confinement fusion ignition and high yield
program, facility operations and target production.
The Senate bill contained no similar provision.
The House recedes.
Title XXXII--Defense Nuclear Facilities Safety Board
Authorization (sec. 3201)
The Senate bill contained a provision (sec. 3201) that
would authorize funding for the Defense Nuclear Facilities
Safety Board at $29.5 million, consistent with the budget
request.
The House amendment contained an identical provision
(sec. 3201).
The conference agreement includes this provision.
Improvements to Defense Nuclear Facilities Safety Board (sec. 3202)
The Senate bill contained a provision (sec. 3202) that
would establish an Executive Director for Operations at the
Defense Nuclear Facilities Safety Board. It would also
authorize the Chairman of the Board to organize the staff as he
considers appropriate to accomplish the mission, and repeal a
prohibition contained in section 311 of the Atomic Energy Act
of 1954 (42 U.S.C. 2286) on the Chairman's withholding of
information relating to management of the Board from the other
Board members.
The House amendment contained a provision (sec. 3202)
that would also establish an Executive Director for Operations
and specify that employee's role within the Board staff
structure. The provision would require the Board staff to
consist of the equivalent of between 110 and 130 full-time
employees. The provision would also clarify that the mission of
the Board includes provision of recommendations covering
adequate protection of employee health and safety at defense
nuclear facilities. The provision would also require the
Secretary of Energy to provide to the Board prompt and
unfettered access to facilities within its purview, regardless
of hazard or risk category of such facilities. Finally, the
provision would limit the ability of the Secretary of Energy to
deny information to Board staff, while clarifying that the
Board may not publicly disclose any information that is
otherwise protected from disclosure by law.
The Senate recedes with amendments that would retain the
Senate bill's authorization for the Chairman to organize the
staff as he considers appropriate, and the repeal of the
prohibition on withholding information. The amendments would
also require that the Board employ no fewer than the equivalent
of 100 full-time employees in fiscal year 2020, and clarify the
Board's purview of defense nuclear facilities. Finally, the
amendments would require the Secretary of Energy to provide
written notification of any denial of a written request for
access made by the Board; require the Board to provide biannual
reports to Congress enumerating requests for access that were
denied by the Secretary in the preceding 6 months; and require
the Secretary to provide biannual reports to Congress
identifying each request denied by the Secretary in the same
period, including the reason for such denials.
Membership of Defense Nuclear Facilities Safety Board (sec. 3203)
The Senate bill contained a provision (sec. 3203, as
modified by sec. 8202) that would require the National Academy
of Sciences to maintain a list of qualified individuals for
consideration for nomination to fill vacancies on the Defense
Nuclear Facilities Safety Board. The provision would also
prohibit Board members from serving on expired terms, and
prohibit Board members from being nominated for two consecutive
terms, unless the member was confirmed by the Senate more than
2 years into the member's first term; such changes would take
effect on April 1, 2020. Finally, the provision would include
measures to encourage the President to promptly submit
nominations to fill vacant seats.
The House amendment contained no similar provision.
The House recedes with amendments that would prohibit
Board members from serving on expired terms, unless the
departure of a member would result in the loss of a quorum for
the Board. The amendments would also modify the date of effect
from April 1, 2020, to 1 year from the date of enactment of
this Act.
Title XXXIV--Naval Petroleum Reserves
Authorization of Appropriations (sec. 3401)
The House amendment contained a provision (sec. 3401)
that would authorize funds for the purpose of carrying out
activities under chapter 869 of title 10, United States Code,
relating to the naval petroleum reserves.
The Senate bill contained no similar provision.
The Senate recedes.
Title XXXV--Maritime Matters
Subtitle A--Maritime Administration
Authorization of the Maritime Administration (sec. 3501)
The Senate bill contained a provision (sec. 8511) that
would authorize appropriations for certain aspects of the
Maritime Administration for fiscal year 2020.
The House amendment contained a similar provision (sec.
3501).
The House recedes with an amendment that would reduce the
amount of appropriations authorized for the Port and Intermodal
Improvement Program from $600.0 million to $500.0 million for
fiscal year 2020. The amendment would also make changes to the
determination made by the Secretary of Transportation as it
relates to funds being used for fully automated cargo handling
equipment.
Reauthorization of Maritime Security Program (sec. 3502)
The House amendment contained a provision (sec. 3502)
that would authorize the Maritime Security Program until 2035.
It would authorize a stipend of $5.3 million for fiscal years
2022-2025, $5.8 million for fiscal years 2026-2028, $6.3
million for fiscal years 2029-2031, and $6.8 million for fiscal
years 2032-2035 for each of the 60 vessels in the Maritime
Security Program.
The Senate bill contained a similar provision (sec.
8512).
The Senate recedes.
Maritime technical assistance program (sec. 3503)
The Senate bill contained a provision (sec. 8522) that
would clarify that the Maritime Administrator shall act on
behalf of the Secretary of Transportation for the Maritime
Technical Assistance Program. The provision would also broaden
the scope of the existing program to include research on
propeller cavitation, U.S. maritime environmental performance
to meet international standards and guidelines, and improve the
efficiency and competitiveness of domestic maritime industries.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Appointment of candidates attending sponsored preparatory school (sec.
3504)
The Senate bill contained a provision (sec. 8514) that
would allow the Secretary of Transportation to appoint no more
than 40 qualified cadets per year who have successfully met the
terms and conditions of sponsorship at a sponsored preparatory
school during the previous academic year to the U.S. Merchant
Marine Academy.
The House amendment contained no similar provision.
The House recedes.
General support program (sec. 3505)
The Senate bill contained a provision (sec. 8516) that
would require the Secretary of Transportation to designate
State Maritime Academies as Centers of Excellence.
The House amendment contained no similar provision.
The House recedes with an amendment that would designate
the State Maritime Academies as American Maritime Centers of
Excellence.
Improvements to the maritime guaranteed loan program (sec. 3506)
The Senate amendment contained a provision (sec. 8525)
that would modify the Maritime Guaranteed Loan Program in
certain ways.
The House bill contained no similar provision.
The House recedes with an amendment that would add a
requirement for a 45-day public comment period for stakeholder
input in the federal register prior to issuing guidance for
expedited consideration of applications for maritime guaranteed
loans.
Requirement for small shipyard grantees (sec. 3507)
The Senate bill contained a provision (sec. 8523) that
would prohibit funds from being obligated for the Maritime
Administration's Small Shipyard Grant Program unless the
articles, materials, and supplies purchased with grant funds
have been mined, produced, or manufactured in the United
States, subject to certain exceptions.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Salvage recoveries of cargoes (sec. 3508)
The Senate bill contained a provision (sec. 8518) that
would authorize a Federal entity to transfer funds to the
Secretary of Transportation when the Secretary has provided for
the use of Department of Transportation vessels, services, or
goods to a Federal, State, or local entity in support of the
salvage of federally owned cargoes.
The House amendment contained no similar provision.
The House recedes with an amendment that would allow the
Secretary of Transportation to enter into reimbursable
agreements for the reimbursement of funds for legal services
related to the salvaging of federal cargoes.
Salvage recoveries for subrogated ownership of vessels and cargoes
(sec. 3509)
The Senate bill contained a provision (sec. 8519) that
would authorize the Secretary of Transportation to enter into
marine salvage agreements for the recoveries, sale, and
disposal of sunken or damaged vessels or property owned or
insured by the Maritime Administration or its predecessor
agencies.
The House amendment contained no similar provision.
The House recedes with an amendment that would allocate
50 percent of the proceeds from recoveries to Maritime
Academies for maintenance, repair, and modernization and 50
percent of the proceeds to maritime heritage grants.
Maritime Occupational Safety and Health Advisory Committee (sec. 3510)
The House bill contained a provision (sec. 3503) that
would amend section 7 of the Occupational Safety and Health Act
of 1970 by establishing a Maritime Occupational Safety and
Health Advisory Committee to advise the Secretary of Labor on
issuing standards for the maritime industry.
The Senate bill contained no similar provision.
The Senate recedes.
Military to mariner (sec. 3511)
The Senate bill contained a provision (sec. 8517) that
would provide military to mariner transition assistance.
The House amendment contained a similar provision (sec.
3504).
The House recedes with a technical amendment.
Department of Transportation Inspector General Report (sec. 3512)
The Senate bill contained a provision (sec. 8513) that
would require the Department of Transportation Office of
Inspector General to conduct an audit and submit a report to
Congress on the Maritime Administration's actions to address
certain recommendations promulgated by the National Academy of
Public Administration in a report entitled ``Maritime
Administration: Defining its Mission, Aligning its Programs,
and Meeting its Objectives.''
The House amendment contained no similar provision.
The House recedes.
Independent study on the United States Merchant Marine Academy (sec.
3513)
The Senate bill contained a provision (sec. 8515) that
would require the Maritime Administrator to enter into an
agreement with the National Academy of Public Administration to
produce a study on the U.S. Merchant Marine Academy.
The House amendment contained no similar provision.
The House recedes.
Port operations, research, and technology (sec. 3514)
The Senate bill contained a provision (sec. 8520) that
would amend section 50302 of title 46, United States Code. This
provision would establish a competitive grant program for port
and intermodal projects.
The House amendment contained no similar provision.
The House recedes with an amendment that would clarify
certain requirements associated with eligible projects, reduce
the grant request amount for eligible projects covered under
the small project set aside, clarify the definition of a port
eligible for funding, and make technical changes.
Additionally, the amendment would amend section 533 of
the Coast Guard Authorization Act of 2015 (Public Law 114-120)
to allow the Coast Guard to complete certain remedial actions
required by section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (Public Law
96-510).
Assessment and report on strategic seaports (sec. 3515)
The Senate bill contained a provision (sec. 8521) that
would require the Secretary of Defense to submit a report to
the congressional defense committees on port facilities used
for military purposes at designated strategic ports.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Technical corrections (sec. 3516)
The Senate bill contained a provision (sec. 8526) that
would direct the Director of the Office of Personnel Management
to identify key skills and competencies necessary to maintain a
balance of expertise in merchant marine seagoing service and
strategic sealift military service for certain positions within
the Office of the Commandant of the U.S. Merchant Marine
Academy. This section would also clarify that criteria for
participation in the Sea Year program applies to both domestic
and international vessels.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
United States Merchant Marine Academy sexual assault prevention and
response program (sec. 3517)
The Senate bill contained a provision (sec. 8527) that
would ensure the recommendations of the Inspector General of
the Department of Transportation's report on the effectiveness
of the Sexual Assault Prevention and Response Program at the
U.S. Merchant Marine Academy are implemented within 180 days
after the date of enactment of this Act.
The House amendment contained no similar provision.
The House recedes.
Report on vessels for emerging offshore energy infrastructure (sec.
3518)
The Senate bill contained a provision (sec. 8528) that
would require the Secretary of Transportation, Secretary of
Energy, Secretary of the Interior, and the heads of other
relevant agencies to submit a report on the need to install,
operate, and maintain emergency offshore energy infrastructure
in vessels.
The House amendment contained no similar provision.
The House recedes with an amendment that would require
the report to be completed by the Comptroller General of the
United States and specify that vessels considered in this
report be documented under chapter 121 of title 46, United
States Code, and operated under U.S. coastwise laws.
Report on United States flagged fuel tanker vessel capacity (sec. 3519)
The House amendment contained a provision (sec. 3511)
that would authorize a tanker security fleet program.
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would require a
report on U.S.-flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Establishment of cable security fleet (sec. 3521)
The House amendment contained a provision (sec. 3521)
that would authorize a cable security fleet program.
The Senate bill contained no similar provision.
The Senate recedes.
Subtitle C--Maritime Safe Act
Short titles (sec. 3531)
The Senate bill contained a provision (sec. 8531) that
would name a subtitle, ``The Maritime Security and Fisheries
Enforcement (Maritime SAFE) Act.''
The House amendment contained no similar provision.
The House recedes.
Definitions (sec. 3532)
The Senate bill contained a provision (sec. 8532) that
would define several terms.
The House amendment contained no similar provision.
The House recedes.
Purposes (sec. 3533)
The Senate bill contained a provision (sec. 8533) that
would establish that the purposes of a subtitle are to support
a whole-of-government approach to combating illegal,
unregulated, and unreported fishing.
The House amendment contained no similar provision.
The House recedes.
Statement of policy (sec. 3534)
The Senate bill contained a provision (sec. 8534) that
would establish the policy of the United States to take
immediate action against illegal, unregulated, and unreported
fishing through diplomatic, military, development, and economic
tools.
The House amendment contained no similar provision.
The House recedes.
Part I--Programs To Combat IUU Fishing and Increase Maritime Security
Coordination with international organizations (sec. 3541)
The Senate bill contained a provision (sec. 8541) that
would direct the Departments of State and Commerce to
coordinate with Regional Fisheries Management Organizations,
the Food and Agriculture Organization of the United Nations,
and other relevant international organizations to enhance
regional responses to illegal, unregulated, and unreported
fishing and related illegal activity.
The House amendment contained no similar provision.
The House recedes.
Engagement of diplomatic missions of the United States (sec. 3542)
The Senate bill contained a provision (sec. 8542) that
would direct each chief of mission to a relevant country in the
priority region to convene a working group of stakeholders to
examine illegal, unregulated, and unreported (IUU) fishing in
the region and to designate a counter-IUU Fishing Coordinator
from among existing mission personnel, if the Secretary of
State determines such action is appropriate.
The House amendment contained no similar provision.
The House recedes.
Assistance by Federal agencies to improve law enforcement within
priority regions and priority flag states (sec. 3543)
The Senate bill contained a provision (sec. 8543) that
would direct the Departments of State and Commerce to evaluate
opportunities to provide assistance in improving countries'
abilities to interdict individuals and vessels engaged in
illegal, unregulated, and unreported (IUU) fishing, secure and
inspect their ports, investigate and prosecute IUU fishing
cases, and securely share information related to maritime
enforcement and port security.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Expansion of existing mechanisms to combat IUU fishing (sec. 3544)
The Senate bill contained a provision (sec. 8544) that
would direct relevant agencies to assess opportunities to
combat illegal, unregulated, and unreported (IUU) fishing
through the use or expansion of certain mechanisms.
The House amendment contained no similar provision.
The House recedes with an amendment that would direct the
Director of National Intelligence to develop an enterprise
approach to appropriately share information on IUU fishing and
other connected transnational organized illegal activity
occurring in priority regions and elsewhere.
Improvement of transparency and traceability programs (sec. 3545)
The Senate bill contained a provision (sec. 8545) that
would direct relevant agencies to work with priority flag
states and countries in priority regions to increase knowledge
about U.S. transparency and traceability standards for imports
of seafood and seafood products.
The House amendment contained no similar provision.
The House recedes with an amendment that would remove
support for seafood traceability standards in foreign
countries.
Technology programs (sec. 3546)
The Senate bill contained a provision (sec. 8546) that
would direct relevant agencies to pursue programs to expand the
role of technology in combating illegal, unregulated, and
unreported fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Savings clause (sec. 3547)
The Senate bill contained a provision (sec. 8547) that
would specify that no part of certain sections of this Act
shall impose any obligation on the Department of Defense.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Part II--Establishment of Interagency Working Group on IUU Fishing
Interagency working group on IUU Fishing (sec. 3551)
The Senate bill contained a provision (sec. 8551) that
would establish a working group to produce an interagency
response on illegal, unregulated, and unreported fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Strategic plan (sec. 3552)
The Senate bill contained a provision (sec. 8552) that
would require the illegal, unregulated, and unreported (IUU)
working group to submit to Congress a five-year integrated
strategic plan on combating the issues of IUU fishing.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Reports (sec. 3553)
The Senate bill contained a provision (sec. 8553) that
would require the working group on illegal, unregulated, and
unreported fishing to submit a report to specified committees
of the House of Representatives and the Senate.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Gulf of Mexico IUU Fishing Subworking Group (sec. 3554)
The Senate bill contained a provision (sec. 8554) that
would authorize the National Oceanic and Atmospheric
Administration, Coast Guard, and the Department of State to
establish a sub-working group to address illegal, unregulated,
and unreported fishing specifically in the Gulf of Mexico.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Finding (sec. 3561)
The Senate bill contained a provision (sec. 8561) that
would provide Congress's findings regarding the issue of human
trafficking on the importation of certain seafood products into
the United States.
The House amendment contained no similar provision.
The House recedes.
Adding the Secretary of Commerce to the Interagency Task Force to
Monitor and Combat Trafficking (sec. 3562)
The Senate bill contained a provision (sec. 8562) that
would amend Section 105(b) of the Victims of Trafficking and
Violence Protection Act of 2000 to include the Secretary of
Commerce in section 7103(b) of title 22, United States Code.
The House amendment contained no similar provision.
The House recedes.
Human trafficking in the seafood supply chain report (sec. 3563)
The Senate bill contained a provision (sec. 8563) that
would require the Administrator of the National Oceanic and
Atmospheric Administration and the Commissioner of the Food and
Drug Administration to submit a report to Congress detailing
the existence of human trafficking in the supply chain of the
importation of seafood products to the United States.
The House amendment contained no similar provision.
The House recedes.
Part IV--Authorization of Appropriations
Authorization of appropriations (sec. 3571)
The Senate bill contained a provision (sec. 8571) that
would require funding for certain programs be derived from the
amounts appropriated to relevant agencies.
The House amendment contained no similar provision.
The House recedes.
Accounting of funds (sec. 3572)
The Senate bill contained a provision (sec. 8572) that
would require each agency receiving or allocating funds to
carry out the activities under this subtitle to submit a report
to Congress providing an accounting of all funds made available
under this subtitle.
The House amendment contained no similar provision.
The House recedes.
LEGISLATIVE PROVISIONS NOT ADOPTED
Maritime Administration
The Senate bill contained a provision (sec. 3501) that
would authorize certain aspects of the Maritime Administration.
The Senate bill also contained a provision (sec. 8500) that
would strike section 3501.
The House amendment contained no similar provision.
The Senate recedes.
Short title
The Senate bill contained a provision (sec. 8501) that
would allow the Maritime Administration title to be cited as
the ``Maritime Authorization and Enhancement Act of 2019.''
The House amendment contained no similar provision.
The Senate recedes.
Improvement of National Oceanographic Partnership Program
The Senate bill contained a provision (sec. 8524) that
would provide for certain improvements to the National Ocean
Partnership Program.
The House amendment contained no similar provision.
The Senate recedes.
DIVISION D--FUNDING TABLES
Authorization of amounts in funding tables (sec. 4001)
The Senate bill contained a provision (sec. 4001) that
would provide for the allocation of funds among programs,
projects, and activities in accordance with the tables in
division D of this Act, subject to reprogramming guidance in
accordance with established procedures. Consistent with the
previously expressed views of the committee, the provision
would also require that decisions by an agency head to commit,
obligate, or expend funds to a specific entity on the basis of
such funding tables be based on authorized, transparent,
statutory criteria, or merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, and other applicable
provisions of law.
The House amendment contained an identical provision
(sec. 4001).
The conference agreement includes this provision.
SUMMARY OF NATIONAL DEFENSE AUTHORIZATIONS FOR FISCAL YEAR 2020
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
Conference Conference
FY 2020 Request Change Authorized
----------------------------------------------------------------------------------------------------------------
DISCRETIONARY AUTHORIZATIONS WITHIN THE JURISDICTION OF THE ARMED SERVICES COMMITTEE
National Defense Funding, Base Budget Request
Function 051, Department of Defense-Military
Division A: Department of Defense Authorizations
Title I--Procurement
Aircraft Procurement, Army................................. 3,696,429 -24,954 3,671,475
Missile Procurement, Army.................................. 3,207,697 -154,469 3,053,228
Weapons & Tracked Combat Vehicles, Army.................... 4,715,566 153,411 4,868,977
Procurement of Ammunition, Army............................ 2,694,548 -115,199 2,579,349
Other Procurement, Army.................................... 7,451,301 -166,329 7,284,972
Aircraft Procurement, Navy................................. 18,522,204 439,612 18,961,816
Weapons Procurement, Navy.................................. 4,235,244 -127,339 4,107,905
Procurement of Ammunition, Navy & Marine Corps............. 981,314 -89,023 892,291
Shipbuilding & Conversion, Navy............................ 23,783,710 -193,658 23,590,052
Other Procurement, Navy.................................... 9,652,956 -350,857 9,302,099
Procurement, Marine Corps.................................. 3,090,449 -100,908 2,989,541
Aircraft Procurement, Air Force............................ 16,784,279 1,785,439 18,569,718
Missile Procurement, Air Force............................. 2,889,187 -19,250 2,869,937
Space Procurement, Air Force............................... 2,414,383 -5,000 2,409,383
Procurement of Ammunition, Air Force....................... 1,667,961 -50,200 1,617,761
Other Procurement, Air Force............................... 21,342,857 -39,823 21,303,034
Procurement, Defense-Wide.................................. 5,114,416 -85,689 5,028,727
Joint Urgent Operational Needs Fund........................ 99,200 -99,200 0
Subtotal, Title I--Procurement............................. 132,343,701 756,564 133,100,265
Title II--Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 12,192,771 -335,298 11,857,473
Research, Development, Test & Evaluation, Navy............. 20,270,499 -595,895 19,674,604
Research, Development, Test & Evaluation, Air Force........ 45,938,121 -353,378 45,584,743
Research, Development, Test & Evaluation, Defense-Wide..... 24,772,953 198,872 24,971,825
Operational Test & Evaluation, Defense..................... 221,200 0 221,200
Subtotal, Title II--Research, Development, Test and 103,395,544 -1,085,699 102,309,845
Evaluation................................................
Title III--Operation and Maintenance
Operation & Maintenance, Army.............................. 42,012,484 -1,854,198 40,158,286
Operation & Maintenance, Army Reserve...................... 3,029,110 -40,516 2,988,594
Operation & Maintenance, Army National Guard............... 7,629,403 -103,761 7,525,642
Operation & Maintenance, Navy.............................. 51,125,751 -1,174,187 49,951,564
Operation & Maintenance, Marine Corps...................... 7,926,724 -485,000 7,441,724
Operation & Maintenance, Navy Reserve...................... 1,125,116 -25,000 1,100,116
Operation & Maintenance, Marine Corps Reserve.............. 292,076 292,076
Operation & Maintenance, Air Force......................... 44,910,832 -1,504,566 43,406,266
Operation & Maintenance, Space Force....................... 72,436 72,436
Operation & Maintenance, Air Force Reserve................. 3,396,818 -40,500 3,356,318
Operation & Maintenance, Air National Guard................ 6,727,229 -70,000 6,657,229
Operation & Maintenance, Defense-Wide...................... 37,479,841 -557,168 36,922,673
US Court of Appeals for the Armed Forces, Defense.......... 14,771 14,771
DOD Acquisition Workforce Development Fund................. 400,000 400,000
Overseas Humanitarian, Disaster and Civic Aid.............. 108,600 9,063 117,663
Cooperative Threat Reduction............................... 338,700 20,000 358,700
Environmental Restoration, Army............................ 207,518 5,000 212,518
Environmental Restoration, Navy............................ 335,932 15,000 350,932
Environmental Restoration, Air Force....................... 302,744 63,064 365,808
Environmental Restoration, Defense......................... 9,105 9,105
Environmental Restoration, Formerly Used Sites............. 216,499 216,499
Subtotal, Title III--Operation and Maintenance............. 207,661,689 -5,742,769 201,918,920
Title IV--Military Personnel
Military Personnel Appropriations.......................... 143,476,503 -800,000 142,676,503
Medicare-Eligible Retiree Health Fund Contributions........ 7,816,815 7,816,815
Subtotal, Title IV--Military Personnel..................... 151,293,318 -800,000 150,493,318
Title XIV--Other Authorizations
Working Capital Fund, Army................................. 89,597 89,597
Working Capital Fund, Air Force............................ 92,499 92,499
Working Capital Fund, DECA................................. 995,030 995,030
Working Capital Fund, Defense-Wide......................... 49,085 49,085
Working Capital Fund, Defense Counterintelligence and 200,000 200,000
Security Fund.............................................
National Defense Sealift Fund.............................. 0 0
Chemical Agents & Munitions Destruction.................... 985,499 985,499
Drug Interdiction and Counter Drug Activities.............. 799,402 -18,000 781,402
Office of the Inspector General............................ 363,499 363,499
Defense Health Program..................................... 32,998,687 -283,650 32,715,037
Subtotal, Title XIV--Other Authorizations.................. 36,573,298 -301,650 36,271,648
Total, Division A: Department of Defense Authorizations.... 631,267,550 -7,173,554 624,093,996
Division B: Military Construction Authorizations
Military Construction
Army....................................................... 1,453,499 -182,500 1,270,999
Navy....................................................... 2,805,743 -30,782 2,774,961
Air Force.................................................. 2,179,230 -455,651 1,723,579
Defense-Wide............................................... 2,504,190 -236,595 2,267,595
NATO Security Investment Program........................... 144,040 144,040
Army National Guard........................................ 210,819 155,000 365,819
Army Reserve............................................... 60,928 60,928
Navy and Marine Corps Reserve.............................. 54,955 54,955
Air National Guard......................................... 165,971 55,500 221,471
Air Force Reserve.......................................... 59,750 24,800 84,550
Unaccompanied Housing Improvement Fund..................... 500 500
Subtotal, Military Construction............................ 9,639,625 -670,228 8,969,397
Family Housing
Construction, Army......................................... 141,372 5,000 146,372
Operation & Maintenance, Army.............................. 357,907 99,733 457,640
Construction, Navy and Marine Corps........................ 47,661 47,661
Operation & Maintenance, Navy and Marine Corps............. 317,870 114,333 432,203
Construction, Air Force.................................... 103,631 103,631
Operation & Maintenance, Air Force......................... 295,016 85,933 380,949
Operation & Maintenance, Defense-Wide...................... 57,000 57,000
Improvement Fund........................................... 3,045 3,045
Subtotal, Family Housing................................... 1,323,502 304,999 1,628,501
Base Realignment and Closure
Base Realignment and Closure--Army......................... 66,111 28,000 94,111
Base Realignment and Closure--Navy......................... 158,349 58,000 216,349
Base Realignment and Closure--Air Force.................... 54,066 28,000 82,066
Subtotal, Base Realignment and Closure..................... 278,526 114,000 392,526
Undistributed Adjustments
Prior Year Savings......................................... 0 -64,685 -64,685
Subtotal, Base Realignment and Closure..................... 0 -64,685 -64,685
Total, Division B: Military Construction Authorizations.... 11,241,653 -315,914 10,925,739
Total, 051, Department of Defense-Military................. 642,509,203 -7,489,468 635,019,735
Division C: Department of Energy National Security Authorization and Other Authorizations
Function 053, Atomic Energy Defense Activities
Environmental and Other Defense Activities
Nuclear Energy............................................. 137,808 137,808
Weapons Activities......................................... 12,408,603 36,177 12,444,780
Defense Nuclear Nonproliferation........................... 1,993,302 27,512 2,020,814
Naval Reactors............................................. 1,648,396 -15,000 1,633,396
Federal Salaries and Expenses.............................. 434,699 434,699
Defense Environmental Cleanup.............................. 5,506,501 21,231 5,527,732
Other Defense Activities................................... 1,035,339 -149,500 885,839
Defense Nuclear Waste Disposal............................. 26,000 -26,000 0
Subtotal, Environmental and Other Defense Activities....... 23,190,648 -105,580 23,085,068
Independent Federal Agency Authorization
Defense Nuclear Facilities Safety Board.................... 29,450 29,450
Subtotal, Independent Federal Agency Authorization......... 29,450 0 29,450
Subtotal, 053, Atomic Energy Defense Activities............ 23,220,098 -105,580 23,114,518
Function 054, Defense-Related Activities
Other Agency Authorizations
Maritime Security Program.................................. 300,000 300,000
Subtotal, Independent Federal Agency Authorization......... 300,000 0 300,000
Subtotal, 054, Defense-Related Activities.................. 300,000 0 300,000
Subtotal, Division C: Department of Energy National 23,520,098 -105,580 23,414,518
Security Authorization and Other Authorizations...........
Total, National Defense Funding, Base Budget Request....... 666,029,301 -7,595,048 658,434,253
National Defense Funding, Overseas Contingency Operations
Function 051, Department of Defense-Military
Procurement
Aircraft Procurement, Army................................. 381,541 381,541
Missile Procurement, Army.................................. 1,438,058 -11,500 1,426,558
Weapons & Tracked Combat Vehicles, Army.................... 353,454 353,454
Procurement of Ammunition, Army............................ 148,682 148,682
Other Procurement, Army.................................... 1,131,450 -55,403 1,076,047
Aircraft Procurement, Navy................................. 119,045 119,045
Weapons Procurement, Navy.................................. 97,466 97,466
Procurement of Ammunition, Navy & Marine Corps............. 204,814 204,814
Other Procurement, Navy.................................... 357,600 357,600
Procurement, Marine Corps.................................. 20,589 20,589
Aircraft Procurement, Air Force............................ 309,110 309,110
Missile Procurement, Air Force............................. 201,671 201,671
Procurement of Ammunition, Air Force....................... 939,433 939,433
Other Procurement, Air Force............................... 3,538,098 3,538,098
Procurement, Defense-Wide.................................. 447,047 -5,000 442,047
National Guard & Reserve Equipment......................... 265,000 265,000
Subtotal, Procurement...................................... 9,688,058 193,097 9,881,155
Research, Development, Test and Evaluation
Research, Development, Test & Evaluation, Army............. 204,124 -6,000 198,124
Research, Development, Test & Evaluation, Navy............. 164,410 164,410
Research, Development, Test & Evaluation, Air Force........ 128,248 128,248
Research, Development, Test & Evaluation, Defense-Wide..... 401,950 401,950
Subtotal, Research, Development, Test and Evaluation....... 898,732 -6,000 892,732
Operation and Maintenance
Operation & Maintenance, Army.............................. 18,772,938 1,326,048 20,098,986
Operation & Maintenance, Army Reserve...................... 37,592 37,592
Operation & Maintenance, Army National Guard............... 83,291 83,291
Afghanistan Security Forces Fund........................... 4,803,978 -300,000 4,503,978
Counter-ISIS Train and Equip Fund.......................... 1,045,000 -200,000 845,000
Operation & Maintenance, Navy.............................. 6,561,650 1,450,000 8,011,650
Operation & Maintenance, Marine Corps...................... 1,124,791 400,000 1,524,791
Operation & Maintenance, Navy Reserve...................... 23,036 23,036
Operation & Maintenance, Marine Corps Reserve.............. 8,707 8,707
Operation & Maintenance, Air Force......................... 9,396,379 1,150,000 10,546,379
Operation & Maintenance, Air Force Reserve................. 29,758 29,758
Operation & Maintenance, Air National Guard................ 176,909 176,909
Operation & Maintenance, Defense-Wide...................... 8,368,112 205,000 8,573,112
Ukraine Security Assistance................................ 300,000 300,000
Subtotal, Operation and Maintenance........................ 50,432,141 4,331,048 54,763,189
Military Personnel
Military Personnel Appropriations.......................... 4,485,808 4,485,808
Subtotal, Military Personnel............................... 4,485,808 0 4,485,808
Other Authorizations
Working Capital Fund, Army................................. 20,100 20,100
Drug Interdiction and Counter Drug Activities.............. 163,596 163,596
Office of the Inspector General............................ 24,254 24,254
Defense Health Program..................................... 347,746 347,746
Subtotal, Title XIV--Other Authorizations.................. 555,696 0 555,696
Military Construction
Army....................................................... 9,389,218 -9,252,288 136,930
Navy....................................................... 94,570 166,971 261,541
Air Force.................................................. 314,738 162,211 476,949
Defense-Wide............................................... 46,000 46,000
Subtotal, Military Construction............................ 9,844,526 -8,923,106 921,420
Subtotal, 051, Department of Defense-Military.............. 75,904,961 -4,404,961 71,500,000
Total, National Defense Funding, Overseas Contingency 75,904,961 -4,404,961 71,500,000
Operations Funding........................................
Total, National Defense.................................... 741,934,262 -12,000,009 729,934,253
MEMORANDUM: DISASTER RECOVERY AUTHORIZATIONS
Procurement................................................ 566,422 566,422
Research and Development................................... 114,496 114,496
Operations and Maintenance................................. 535,900 535,900
Military Construction...................................... 4,119,813 4,119,813
MEMORANDUM: NON-DEFENSE AUTHORIZATIONS
Title XIV--Armed Forces Retirement Home (Function 600)..... 64,300
Title XXXIV--Naval Petroleum and Oil Shale Reserves 14,000
(Function 270)............................................
MEMORANDUM: TRANSFER AUTHORITIES (NON-ADD)
Title X--General Transfer Authority........................ [4,000,000]
Title XV--Special Transfer Authority....................... [2,000,000]
MEMORANDUM: DEFENSE AUTHORIZATIONS NOT UNDER THE JURISDICTION OF THE ARMED SERVICES COMMITTEE (NON-ADD)
Defense Production Act..................................... [34,000] [34,000]
----------------------------------------------------------------------------------------------------------------
NATIONAL DEFENSE BUDGET AUTHORITY IMPLICATION
(In Thousands of Dollars)
----------------------------------------------------------------------------------------------------------------
FY 2020 Conference Conference
Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Summary, Discretionary Authorizations Within the Jurisdiction of the Armed Services Committee
SUBTOTAL, DEPARTMENT OF DEFENSE (051)........................... 642,509,203 -7,489,468 635,019,735
SUBTOTAL, ATOMIC ENERGY DEFENSE PROGRAMS (053).................. 23,220,098 -105,580 23,114,518
SUBTOTAL, DEFENSE-RELATED ACTIVITIES (054)...................... 300,000 300,000
TOTAL, NATIONAL DEFENSE (050)--BASE BILL........................ 666,029,301 -7,595,048 658,434,253
TOTAL, OVERSEAS CONTINGENCY OPERATIONS.......................... 75,904,961 -4,404,961 71,500,000
GRAND TOTAL, NATIONAL DEFENSE................................... 741,934,262 -12,000,009 729,934,253
Scoring adjustments
Transfers to non-Defense budget functions already credited to -142,000 -142,000
050 by OMB.....................................................
Assumed reductions to previously enacted funding levels......... -25,000 -25,000
Adjustments for revised BCA caps................................ 10,000 10,000
Subtotal, Scoring Adjustments................................... -157,000 -157,000
Base National Defense Discretionary Programs that are Not In the Jurisdiction of the Armed Services Committee or
Do Not Require Additional Authorization (CBO Estimates)
Defense Production Act Purchases................................ 34,000 34,000
Indefinite Account: Disposal Of DOD Real Property............... 8,000 8,000
Indefinite Account: Lease Of DOD Real Property.................. 34,000 34,000
Subtotal, Budget Sub-Function 051............................... 76,000 76,000
Other Discretionary Programs.................................... 8,146,000 8,146,000
Subtotal, Budget Sub-Function 054............................... 8,146,000 8,146,000
Total Defense Discretionary Adjustments (050)................... 8,222,000 8,222,000
Budget Authority Implication, National Defense Discretionary
Department of Defense--Military (051)........................... 718,414,165 -11,894,429 706,519,735
Atomic Energy Defense Activities (053).......................... 23,220,098 -105,580 23,114,518
Defense-Related Activities (054)................................ 8,522,000 8,522,000
Total BA Implication, National Defense Discretionary............ 749,999,263 -12,000,009 737,999,253
National Defense Mandatory Programs, Current Law (CBO Baseline)
Concurrent receipt accrual payments to the Military Retirement 8,577,000 8,577,000
Fund...........................................................
Revolving, trust and other DOD Mandatory........................ 1,818,000 1,818,000
Offsetting receipts............................................. -1,869,000 -1,869,000
Subtotal, Budget Sub-Function 051............................... 8,526,000 8,526,000
Energy employees occupational illness compensation programs and 1,495,000 1,495,000
other..........................................................
Subtotal, Budget Sub-Function 053............................... 1,495,000 1,495,000
Radiation exposure compensation trust fund...................... 54,000 54,000
Payment to CIA retirement fund and other........................ 514,000 514,000
Subtotal, Budget Sub-Function 054............................... 568,000 568,000
Total National Defense Mandatory (050).......................... 10,589,000 10,589,000
Budget Authority Implication, National Defense Discretionary and Mandatory
Department of Defense--Military (051)........................... 726,940,165 -11,894,429 715,045,735
Atomic Energy Defense Activities (053).......................... 24,715,098 -105,580 24,609,518
Defense-Related Activities (054)................................ 9,090,000 9,090,000
Total BA Implication, National Defense Discretionary and 760,745,263 -12,000,009 748,745,253
Mandatory......................................................
Memorandum: Disaster Recovery Authorizations
Department of Defense--Military (051)........................... 0 5,336,631 5,336,631
----------------------------------------------------------------------------------------------------------------
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item --------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT.... 1 16,000 -1 -16,000
Early to need....... [-1] [-16,000] [-1] [-16,000]
Program zeroed out [-1] [-16,000]
in FYDP.
004 RQ-11 (RAVEN)........... 23,510 21,510 23,510 -2,090 21,420
Unit cost growth.... [-2,000] [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 12,100 12,100 -6,000 6,100
AIRCRAFT SYSTEM (TUAS).
Program reduction... [-6,000]
007 HELICOPTER, LIGHT 11,000 11,000 11,000
UTILITY (LUH).
Program increase for [11,000] [11,000]
sustainment
improvements.
008 AH-64 APACHE BLOCK IIIA 48 806,849 48 786,009 48 806,849 -8,064 48 798,785
REMAN.
Unjustified cost [-20,840] [-8,064]
growth.
009 AH-64 APACHE BLOCK IIIA 190,870 174,970 190,870 190,870
REMAN.
Unjustified cost [-15,900]
growth.
010 AH-64 APACHE BLOCK IIIB 3 105,000
NEW BUILD.
........................ [3] [105,000]
012 UH-60 BLACKHAWK M MODEL 73 1,411,540 73 1,411,540 66 1,271,540 -13,800 73 1,397,740
(MYP).
Funding ahead of [-7] [-140,000]
acquisition strategy.
Unit cost growth.... [-13,800]
013 UH-60 BLACKHAWK M MODEL 79,572 79,572 79,572 79,572
(MYP).
014 UH-60 BLACK HAWK L AND V 25 169,290 25 169,290 33 204,290 25 169,290
MODELS.
Increase fielding [8] [35,000]
for ARNG units.
015 CH-47 HELICOPTER........ 8 140,290 8 131,290 8 140,290 -9,000 8 131,290
Unit cost growth.... [-9,000] [-9,000]
016 CH-47 HELICOPTER........ 18,186 46,186 18,186 28,000 46,186
Advance procurement [28,000] [28,000]
for CH-47F Block II.
MODIFICATION OF AIRCRAFT
019 UNIVERSAL GROUND CONTROL 2,090 2,090 2,090 2,090
EQUIPMENT (UAS).
020 GRAY EAGLE MODS2........ 14,699 14,699 14,699 14,699
021 MULTI SENSOR ABN RECON 35,189 35,189 35,189 35,189
(MIP).
022 AH-64 MODS.............. 58,172 58,172 58,172 58,172
023 CH-47 CARGO HELICOPTER 11,785 6,785 11,785 11,785
MODS (MYP).
Unobligated balances [-5,000]
024 GRCS SEMA MODS (MIP).... 5,677 5,677 5,677 5,677
025 ARL SEMA MODS (MIP)..... 6,566 6,566 6,566 6,566
026 EMARSS SEMA MODS (MIP).. 3,859 3,859 3,859 3,859
027 UTILITY/CARGO AIRPLANE 15,476 13,476 15,476 -2,000 13,476
MODS.
Unit cost [-2,000] [-2,000]
discrepancy.
028 UTILITY HELICOPTER MODS. 6,744 6,744 6,744 6,744
029 NETWORK AND MISSION PLAN 105,442 98,442 105,442 -7,000 98,442
Cost growth......... [-7,000] [-7,000]
030 COMMS, NAV SURVEILLANCE. 164,315 164,315 164,315 164,315
032 GATM ROLLUP............. 30,966 30,966 30,966 30,966
033 RQ-7 UAV MODS........... 8,983 2 38,983 8,983 8,983
Program increase.... [2] [30,000]
034 UAS MODS................ 10,205 10,205 10,205 10,205
GROUND SUPPORT AVIONICS
035 AIRCRAFT SURVIVABILITY 52,297 52,297 52,297 52,297
EQUIPMENT.
036 SURVIVABILITY CM........ 8,388 8,388 8,388 8,388
037 CMWS.................... 13,999 13,999 13,999 13,999
038 COMMON INFRARED 168,784 168,784 168,784 168,784
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777 1,777 1,777
EQUIPMENT.
040 COMMON GROUND EQUIPMENT. 18,624 18,624 18,624 18,624
041 AIRCREW INTEGRATED 48,255 48,255 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL..... 32,738 32,738 32,738 32,738
044 LAUNCHER, 2.75 ROCKET... 2,201 2,201 2,201 2,201
045 LAUNCHER GUIDED MISSILE: 9 991 9 991 9 991 9 991
LONGBOW HELLFIRE XM2.
TOTAL AIRCRAFT 164 3,696,429 165 3,687,689 167 3,680,429 -1 -24,954 163 3,671,475
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
001 SYSTEM INTEGRATION AND 113,857 113,857 113,857 113,857
TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT... 17 103,800 17 56,800 17 103,800 -32,000 17 71,800
Early to need....... [-47,000] [-32,000]
003 MSE MISSILE............. 138 698,603 138 698,603 138 698,603 138 698,603
004 INDIRECT FIRE PROTECTION 9,337 9,337 239,237 9,337
CAPABILITY INC 2-I.
Full funding of Iron [229,900]
Dome battery.
005A THAAD................... 37 425,900
THAAD program [37] [425,900]
transfer from MDA.
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 1,870 193,284 1,870 173,284 1,870 193,284 -7,200 1,870 186,084
Unit cost growth.... [-20,000] [-7,200]
007 JOINT AIR-TO-GROUND MSLS 609 233,353 609 198,353 609 233,353 -34,058 609 199,295
(JAGM).
Contract and [-35,000] [-34,058]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM 672 138,405 672 138,405 672 138,405 672 138,405
SUMMARY.
009 TOW 2 SYSTEM SUMMARY.... 1,460 114,340 1,460 110,340 1,460 114,340 -6,382 1,460 107,958
Unit cost growth.... [-4,000] [-6,382]
010 TOW 2 SYSTEM SUMMARY.... 10,500 10,500 10,500 10,500
011 GUIDED MLRS ROCKET 6,489 797,213 6,489 767,213 6,489 797,213 -30,000 6,489 767,213
(GMLRS).
Program adjustment.. [-30,000] [-30,000]
012 MLRS REDUCED RANGE 2,982 27,555 2,982 27,555 2,982 27,555 2,982 27,555
PRACTICE ROCKETS (RRPR).
014 ARMY TACTICAL MSL SYS 146 209,842 146 184,842 146 209,842 -39,829 146 170,013
(ATACMS)--SYS SUM.
Excess to need...... [-25,000] [-39,829]
MODIFICATIONS
016 PATRIOT MODS............ 279,464 279,464 279,464 279,464
017 ATACMS MODS............. 85,320 80,320 85,320 -5,000 80,320
Unit cost growth.... [-5,000] [-5,000]
018 GMLRS MOD............... 5,094 5,094 5,094 5,094
019 STINGER MODS............ 81,615 81,615 81,615 81,615
020 AVENGER MODS............ 14,107 14,107 14,107 14,107
021 ITAS/TOW MODS........... 3,469 3,469 3,469 3,469
022 MLRS MODS............... 39,019 39,019 39,019 39,019
023 HIMARS MODIFICATIONS.... 12,483 12,483 12,483 12,483
SPARES AND REPAIR PARTS
024 SPARES AND REPAIR PARTS. 26,444 26,444 26,444 26,444
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS..... 10,593 10,593 10,593 10,593
TOTAL MISSILE 14,383 3,207,697 14,383 3,041,697 14,420 3,863,497 -154,469 14,383 3,053,228
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
002 ARMORED MULTI PURPOSE 65 264,040 65 259,040 65 264,040 -33,733 65 230,307
VEHICLE (AMPV).
Program reduction... [-5,000] [-33,733]
MODIFICATION OF TRACKED
COMBAT VEHICLES
003 STRYKER (MOD)........... 144,387 393,587 393,587 249,200 393,587
Accelerate Stryker [249,200] [249,200]
medium caliber
weapon system--Army
unfunded priority.
UPL Stryker [249,200]
lethality 30 mm
cannon.
004 STRYKER UPGRADE......... 152 550,000 152 550,000 152 550,000 -27,038 152 522,962
Unit cost growth.... [-27,038]
005 BRADLEY PROGRAM (MOD)... 638,781 546,781 598,781 -65,000 573,781
Excess to need due [-40,000]
to termination of
subprogram.
Program decrease.... [-27,000] [-65,000]
Program delay....... [-65,000]
006 M109 FOV MODIFICATIONS.. 25,756 25,756 25,756 25,756
007 PALADIN INTEGRATED 53 553,425 53 553,425 53 553,425 53 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD).... 2,821 2,821 2,821 2,821
010 ASSAULT BREACHER VEHICLE 6 31,697 6 31,697 6 31,697 6 31,697
011 M88 FOV MODS............ 4,500 4,500 4,500 4,500
012 JOINT ASSAULT BRIDGE.... 44 205,517 44 205,517 44 205,517 44 205,517
013 M1 ABRAMS TANK (MOD).... 348,800 408,800 348,800 53,000 401,800
Test support excess [-7,000]
to need.
Vehicle protection [60,000] [60,000]
system for one
armored brigade.
014 ABRAMS UPGRADE PROGRAM.. 165 1,752,784 165 1,752,784 165 1,717,784 165 1,752,784
Early to need....... [-35,000]
WEAPONS & OTHER COMBAT
VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420 19,420 19,420
ANTI-PERSONNEL WEAPONS.
017 GUN AUTOMATIC 30MM M230. 20,000 20,000 20,000 -14,958 5,042
Program reduction... [-14,958]
019 MORTAR SYSTEMS.......... 14,907 14,907 14,907 14,907
020 XM320 GRENADE LAUNCHER 191 191 191 191
MODULE (GLM).
021 PRECISION SNIPER RIFLE.. 7,977 7,977 7,977 7,977
022 COMPACT SEMI-AUTOMATIC 9,860 9,860 9,860 9,860
SNIPER SYSTEM.
023 CARBINE................. 30,331 30,331 30,331 30,331
024 SMALL ARMS--FIRE CONTROL 8,060 60 8,060 -8,060
Late contract award. [-8,000] [-8,060]
025 COMMON REMOTELY OPERATED 24,007 24,007 24,007 24,007
WEAPONS STATION.
026 HANDGUN................. 6,174 6,174 6,174 6,174
MOD OF WEAPONS AND OTHER
COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737 3,737 3,737
GUN MODS.
029 M777 MODS............... 2,367 2,367 2,367 2,367
030 M4 CARBINE MODS......... 17,595 17,595 17,595 17,595
033 M240 MEDIUM MACHINE GUN 8,000 8,000 8,000 8,000
MODS.
034 SNIPER RIFLES 2,426 2,426 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS...... 6,269 6,269 6,269 6,269
036 MORTAR MODIFICATION..... 1,693 1,693 1,693 1,693
037 MODIFICATIONS LESS THAN 4,327 4,327 4,327 4,327
$5.0M (WOCV-WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE SUPPORT 2,651 2,651 2,651 2,651
(WOCV-WTCV).
TOTAL PROCUREMENT 485 4,715,566 485 4,919,766 485 4,889,766 153,411 485 4,868,977
OF W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 68,949 63,949 68,949 -3,429 65,520
Prior-year carryover [-5,000] [-3,429]
002 CTG, 7.62MM, ALL TYPES.. 114,228 111,228 114,228 -2,000 112,228
Prior-year carryover [-3,000] [-2,000]
003 CTG, HANDGUN, ALL TYPES. 17,807 12,807 17,807 17,807
Program adjustment.. [-5,000]
004 CTG, .50 CAL, ALL TYPES. 63,966 63,966 63,966 63,966
005 CTG, 20MM, ALL TYPES.... 35,920 27,920 35,920 -8,000 27,920
Unit cost growth.... [-8,000] [-8,000]
006 CTG, 25MM, ALL TYPES.... 8,990 8,990 8,990 8,990
007 CTG, 30MM, ALL TYPES.... 68,813 57,229 68,813 -3,476 65,337
Prior-year carry [-1,134] [-1,134]
over.
Program adjustment.. [-10,450] [-2,342]
008 CTG, 40MM, ALL TYPES.... 103,952 103,952 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL TYPES.. 50,580 49,580 50,580 -1,000 49,580
Unit cost [-1,000] [-1,000]
discrepancy.
010 81MM MORTAR, ALL TYPES.. 59,373 44,673 59,373 -14,700 44,673
Contract delays..... [-14,700] [-14,700]
011 120MM MORTAR, ALL TYPES. 125,452 123,452 125,452 -2,000 123,452
Unit cost growth.... [-2,000] [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 105MM 171,284 113,084 171,284 -50,820 120,464
AND 120MM, ALL TYPES.
Unit cost growth.... [-58,200] [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675 44,675 44,675
75MM & 105MM, ALL TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 441 57,434 441 57,434 441 57,434 441 57,434
RANGE M982.
016 ARTILLERY PROPELLANTS, 271,602 265,602 271,602 -3,580 268,022
FUZES AND PRIMERS, ALL.
Cost growth and [-6,000] [-3,580]
unjustified product
improvements.
MINES
017 MINES & CLEARING 55,433 39,433 55,433 -16,194 39,239
CHARGES, ALL TYPES.
Contract delay...... [-16,000] [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994 175,994 -10,000 165,994
TYPES.
Excess support costs [-10,000] [-10,000]
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES...... 7,595 7,595 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES..... 40,592 40,592 40,592 40,592
023 SIGNALS, ALL TYPES...... 18,609 18,609 18,609 18,609
024 SIMULATORS, ALL TYPES... 16,054 16,054 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261 5,261 5,261
TYPES.
026 NON-LETHAL AMMUNITION, 715 715 715 715
ALL TYPES.
027 ITEMS LESS THAN $5 9,213 9,213 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492 18,492 18,492
TRANSPORTATION (AMMO).
030 CLOSEOUT LIABILITIES.... 99 99 99 99
PRODUCTION BASE SUPPORT
031 INDUSTRIAL FACILITIES... 474,511 474,511 474,511 474,511
032 CONVENTIONAL MUNITIONS 202,512 202,512 202,512 202,512
DEMILITARIZATION.
033 ARMS INITIATIVE......... 3,833 3,833 3,833 3,833
TOTAL PROCUREMENT 441 2,694,548 441 2,554,064 441 2,694,548 -115,199 441 2,579,349
OF AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/DOLLY 12,993 12,993 12,993 12,993
SETS.
002 SEMITRAILERS, FLATBED:.. 102,386 102,386 102,386 102,386
003 AMBULANCE, 4 LITTER, 5/4 127,271 127,271 127,271 127,271
TON, 4X4.
004 GROUND MOBILITY VEHICLES 37,038 35,038 37,038 -2,000 35,038
(GMV).
Unit cost growth.... [-2,000] [-2,000]
006 JOINT LIGHT TACTICAL 2,530 996,007 2,530 976,507 2,530 956,507 -19,500 2,530 976,507
VEHICLE.
Army requested [-4,500]
realignment.
Army requested [-4,500] [-4,500]
transfer to RDTE, A
line 169.
Early to need....... [-35,000]
Simulator delay..... [-15,000] [-15,000]
007 TRUCK, DUMP, 20T (CCE).. 10,838 10,838 10,838 10,838
008 FAMILY OF MEDIUM 72,057 138,057 72,057 66,000 138,057
TACTICAL VEH (FMTV).
Program increase.... [66,000] [66,000]
009 FIRETRUCKS & ASSOCIATED 28,048 28,048 28,048 28,048
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY TACTICAL 9,969 9,969 9,969 9,969
VEHICLES (FHTV).
011 PLS ESP................. 6,280 6,280 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 131,841 30,841 64,344 95,185
TACTICAL TRUCK EXT SERV.
Program increase.... [101,000] [64,344]
013 HMMWV RECAPITALIZATION 5,734 5,734 5,734 5,734
PROGRAM.
014 TACTICAL WHEELED VEHICLE 45,113 45,113 45,113 45,113
PROTECTION KITS.
015 MODIFICATION OF IN SVC 58,946 58,946 58,946 58,946
EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE... 791 791 791 791
018 PASSENGER CARRYING 1,416 1,416 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 148,933 153,933 -10,000 143,933
PROGRAM.
Excess funding for [-5,000] [-10,000]
spares.
022 TACTICAL NETWORK 387,439 411,439 387,439 24,000 411,439
TECHNOLOGY MOD IN SVC.
ITN-M for one [24,000] [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189 101,189 101,189
WIDEBAND SATCOM SYSTEMS.
029 TRANSPORTABLE TACTICAL 77,141 77,141 77,141 77,141
COMMAND COMMUNICATIONS.
030 SHF TERM................ 16,054 16,054 16,054 16,054
031 ASSURED POSITIONING, 41,074 24,914 41,074 -7,400 33,674
NAVIGATION AND TIMING.
Contract delays..... [-28,760]
Program cancellation [-7,400] [-7,400]
Program increase.... [20,000]
032 SMART-T (SPACE)......... 10,515 10,515 10,515 10,515
033 GLOBAL BRDCST SVC--GBS.. 11,800 11,800 11,800 11,800
034 ENROUTE MISSION COMMAND 8,609 8,609 8,609 8,609
(EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 77,533 77,533 -20,000 57,533
INFRASTRUCTURE (TSI).
Program reduction... [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK SMALL 468,026 468,026 468,026 20,000 488,026
FORM FIT (HMS).
Program delay....... [-25,000]
SFAB technology [25,000] [20,000]
refresh.
040 RADIO TERMINAL SET, MIDS 23,778 23,778 23,778 23,778
LVT(2).
044 SPIDER FAMILY OF 10,930 10,930 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE... 9,291 8,291 9,291 9,291
Excess program [-1,000]
management costs.
047 COTS COMMUNICATIONS 55,630 55,630 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM FOR 16,590 16,590 16,590 16,590
COMBAT CASUALTY CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE COMM
051 CI AUTOMATION 10,470 10,470 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS.... 1,000 1,000 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600 3,600 3,600
SECURITY PROGRAM-ISSP.
055 COMMUNICATIONS SECURITY 160,899 141,899 160,899 -13,802 147,097
(COMSEC).
Unit cost growth.... [-19,000] [-13,802]
056 DEFENSIVE CYBER 61,962 61,962 61,962 61,962
OPERATIONS.
057 INSIDER THREAT PROGRAM-- 756 756 756 756
UNIT ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 26,770 31,770 31,770
COMMUNICATIONS.
Insufficient budget [-5,000]
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS..... 159,009 139,009 159,009 159,009
Unjustified growth.. [-15,000]
Unjustified growth [-5,000]
in SRM HW.
061 EMERGENCY MANAGEMENT 4,854 4,854 4,854 4,854
MODERNIZATION PROGRAM.
062 HOME STATION MISSION 47,174 47,174 47,174 47,174
COMMAND CENTERS (HSMCC).
063 INSTALLATION INFO 297,994 234,590 297,994 -32,500 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient budget [-50,000] [-32,500]
justification.
Program decrease.... [-13,404]
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)........ 7,686 7,686 7,686 7,686
068 DCGS-A (MIP)............ 180,350 180,350 180,350 180,350
070 TROJAN (MIP)............ 17,368 17,368 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & MANAGEMENT 7,568 7,568 7,568 7,568
TOOLS (EWPMT).
079 AIR VIGILANCE (AV) (MIP) 8,953 8,953 8,953 8,953
081 MULTI-FUNCTION 6,420 6,420 6,420 -3,200 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction... [-3,200]
083 COUNTERINTELLIGENCE/ 501 501 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION (MIP).. 121 121 121 121
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........... 115,210 114,210 115,210 -1,000 114,210
Excess support costs [-1,000] [-1,000]
086 NIGHT VISION DEVICES.... 236,604 160,604 236,604 -76,225 160,379
Insufficient [-76,000] [-76,225]
justification (IVAS).
088 SMALL TACTICAL OPTICAL 22,623 22,623 22,623 22,623
RIFLE MOUNTED MLRF.
090 INDIRECT FIRE PROTECTION 29,127 29,127 29,127 29,127
FAMILY OF SYSTEMS.
091 FAMILY OF WEAPON SIGHTS 120,883 81,541 120,883 -39,342 81,541
(FWS).
Excess unit cost [-39,342] [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 240,167 265,667 -9,100 256,567
PLATFORM (JBC-P).
Program adjustment.. [-25,500] [-9,100]
095 JOINT EFFECTS TARGETING 69,720 44,720 69,720 -25,000 44,720
SYSTEM (JETS).
Program delay....... [-25,000] [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000 10,000 10,000
SYSTEMS MODIFICATIONS.
100 COUNTERFIRE RADARS...... 16,416 16,416 13 78,916 16,416
UPL Retrofits [13] [62,500]
systems with GaN
tech for ER.
ELECT EQUIP--TACTICAL C2
SYSTEMS
102 FIRE SUPPORT C2 FAMILY.. 13,197 13,197 13,197 13,197
103 AIR & MSL DEFENSE 24,730 24,730 24,730 24,730
PLANNING & CONTROL SYS.
104 IAMD BATTLE COMMAND 29,629 29,629 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL SYSTEM 260 260 260 260
(MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL AND 18,674 18,674 -10,000 8,674
PAY SYSTEM-ARMY (IPP.
Poor business [-18,674] [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC EQUIPMENT 7,317 15,317 7,317 8,000 15,317
(ENFIRE).
Program increase-- [8,000] [8,000]
land surveying
systems.
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING 14,578 14,578 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342 147,342 -10,000 129,342
PROCESSING EQUIP.
JIOCEUR at RAF [8,000]
Molesworth.
Program decrease.... [-5,000] [-5,000]
Unjustified growth.. [-5,000] [-5,000]
114 GENERAL FUND ENTERPRISE 15,802 15,802 15,802 15,802
BUSINESS SYSTEMS FAM.
115 HIGH PERF COMPUTING MOD 67,610 67,610 67,610 67,610
PGM (HPCMP).
116 CONTRACT WRITING SYSTEM. 15,000 15,000 -9,000 6,000
Program duplication. [-15,000] [-9,000]
117 CSS COMMUNICATIONS...... 24,700 24,700 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879 27,879 27,879
AUTOMATION SYS (RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000 5,000 5,000
(SURVEYING EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 22,302 22,302 -12,000 10,302
TECHNOLOGIES.
Program reduction... [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS..... 11,910 11,910 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE............ 25,828 25,828 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING....... 59,821 57,821 59,821 -2,000 57,821
Contract delays..... [-2,000] [-2,000]
129 TACTICAL BRIDGE, FLOAT- 57,661 57,661 57,661 57,661
RIBBON.
130 BRIDGE SUPPLEMENTAL SET. 17,966 17,966 17,966 17,966
131 COMMON BRIDGE 43,155 43,155 43,155 43,155
TRANSPORTER (CBT) RECAP.
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570 7,570 7,570
MINEFIELD DETECTION SYS-
HST.
133 GRND STANDOFF MINE 37,025 37,025 37,025 37,025
DETECTN SYSM (GSTAMIDS).
135 HUSKY MOUNTED DETECTION 83,082 54,082 83,082 -35,183 47,899
SYSTEM (HMDS).
Unjustified unit [-29,000] [-35,183]
cost growth.
136 ROBOTIC COMBAT SUPPORT 2,000 2,000 2,000 2,000
SYSTEM (RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056 113,856 101,056
SYSTEMS.
Army requested [12,800]
realignment.
140 RENDER SAFE SETS KITS 18,684 18,684 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245 8,245 -2,000 6,245
MOTORS.
Unit cost growth.... [-2,000] [-2,000]
COMBAT SERVICE SUPPORT
EQUIPMENT
143 HEATERS AND ECU'S....... 7,336 7,336 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281 4,281 4,281
SUPPORT SYSTEM (PRSS).
146 GROUND SOLDIER SYSTEM... 111,955 111,955 111,955 111,955
147 MOBILE SOLDIER POWER.... 31,364 29,364 31,364 -1,421 29,943
Unit cost growth.... [-2,000] [-1,421]
149 FIELD FEEDING EQUIPMENT. 1,673 1,673 1,673 1,673
150 CARGO AERIAL DEL & 43,622 43,622 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451 11,451 11,451
AND CONSTRUCTION SETS.
152 ITEMS LESS THAN $5M (ENG 5,167 5,167 5,167 5,167
SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL.. 68,225 68,225 68,225 68,225
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608 5,608 5,608
(MAINT EQ).
CONSTRUCTION EQUIPMENT
161 HYDRAULIC EXCAVATOR..... 500 500 500 500
162 TRACTOR, FULL TRACKED... 4,835 4,835 4,835 4,835
163 ALL TERRAIN CRANES...... 23,936 23,936 23,936 23,936
164 HIGH MOBILITY ENGINEER 27,188 27,188 27,188 27,188
EXCAVATOR (HMEE).
166 CONST EQUIP ESP......... 34,790 34,790 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP..... 35,194 35,194 35,194 35,194
169 MANEUVER SUPPORT VESSEL 14,185 14,185 14,185 14,185
(MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC POWER 14,814 14,814 14,814 14,814
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS..... 14,864 14,864 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING CENTERS 123,411 123,411 123,411 123,411
SUPPORT.
175 TRAINING DEVICES, 220,707 220,707 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749 20,749 -5,000 15,749
ENVIRONMENT (STE).
Program adjustment.. [-5,000] [-5,000]
178 AVIATION COMBINED ARMS 4,840 4,840 4,840 4,840
TACTICAL TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980 76,980 76,980
TEST EQUIPMENT (IFTE).
182 TEST EQUIPMENT 16,415 13,415 16,415 -3,000 13,415
MODERNIZATION (TEMOD).
Historical [-3,000] [-3,000]
underexecution.
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER 9,877 9,877 9,877 9,877
SUPPORT EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN-SVC 50,458 50,458 50,458 50,458
EQUIPMENT (OPA-3).
189 BUILDING, PRE-FAB, 14,400 14,400 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E..... 9,757 9,757 9,757 9,757
TOTAL OTHER 2,530 7,451,301 2,530 7,279,395 2,543 7,461,427 -166,329 2,530 7,284,972
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 24 1,748,934 24 1,730,934 24 1,748,934 -18,574 24 1,730,360
HORNET.
ECO and ancillary [-18,000] [-18,574]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,128 55,128 -3,948 51,180
HORNET.
Excess engine cost [-4,000] [-3,948]
growth.
003 JOINT STRIKE FIGHTER CV. 20 2,272,301 20 2,162,301 22 2,487,301 -54,480 20 2,217,821
Target cost savings. [-110,000] [-54,480]
UPL USMC additional [2] [215,000]
quantities.
004 JOINT STRIKE FIGHTER CV. 339,053 339,053 339,053 339,053
005 JSF STOVL............... 10 1,342,035 10 1,256,035 12 1,591,135 -75,734 10 1,266,301
Target cost savings. [-86,000] [-75,734]
UPL USMC additional [2] [249,100]
quantities.
006 JSF STOVL............... 291,804 291,804 291,804 291,804
007 CH-53K (HEAVY LIFT)..... 6 807,876 6 807,876 6 807,876 6 807,876
008 CH-53K (HEAVY LIFT)..... 215,014 215,014 215,014 215,014
009 V-22 (MEDIUM LIFT)...... 10 966,666 14 1,184,766 10 966,666 4 248,100 14 1,214,766
Program increase.... [4] [248,100] [4] [248,100]
Support cost growth. [-30,000]
010 V-22 (MEDIUM LIFT)...... 27,104 27,104 27,104 27,104
011 H-1 UPGRADES (UH-1Y/AH- 62,003 62,003 62,003 -9,000 53,003
1Z).
Production line [-9,000]
shutdown excess to
need.
013 MH-60R (MYP)............ 894 894 894 894
014 P-8A POSEIDON........... 6 1,206,701 9 1,636,601 6 1,206,701 3 473,900 9 1,680,601
Contract [-42,900]
negotiations savings.
Line shutdown costs [-68,400] [-67,300]
early to need.
Navy unfunded [3] [541,200] [3] [541,200]
priority.
016 E-2D ADV HAWKEYE........ 4 744,484 5 896,784 4 744,484 1 155,800 5 900,284
GFE excess cost [-3,500]
growth.
Navy unfunded [1] [173,000] [1] [173,000]
priority.
NRE excess cost [-17,200] [-17,200]
growth.
017 E-2D ADV HAWKEYE........ 190,204 190,204 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 32 261,160 32 261,160 32 261,160 32 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J................. 3 240,840 3 221,840 3 240,840 -18,936 3 221,904
Unit cost growth.... [-19,000] [-18,936]
021 KC-130J................. 66,061 66,061 66,061 66,061
022 F-5..................... 22 39,676 22 39,676 22 39,676
Program cancellation [-22] [-39,676]
023 MQ-4 TRITON............. 2 473,134 2 448,134 2 473,134 -25,000 2 448,134
PGSE excess cost [-25,000] [-25,000]
growth.
024 MQ-4 TRITON............. 20,139 20,139 20,139 20,139
025 MQ-8 UAV................ 44,957 44,957 44,957 44,957
026 STUASL0 UAV............. 43,819 43,819 43,819 43,819
028 VH-92A EXECUTIVE HELO... 6 658,067 6 658,067 6 658,067 -10,716 6 647,351
Program reduction... [-10,716]
MODIFICATION OF AIRCRAFT
029 AEA SYSTEMS............. 44,470 44,470 44,470 -5,300 39,170
Program reduction... [-5,300]
030 AV-8 SERIES............. 39,472 39,472 39,472 39,472
031 ADVERSARY............... 3,415 3,415 3,415 3,415
032 F-18 SERIES............. 1,207,089 1,138,089 1,207,089 -79,000 1,128,089
Accelerate RWR [10,000]
modernization.
Early to need....... [-79,000] [-79,000]
033 H-53 SERIES............. 68,385 68,385 68,385 68,385
034 MH-60 SERIES............ 149,797 152,297 149,797 -2,500 147,297
Demonstrate [2,500]
alternative low
frequency active
sonars.
NRE prior year [-2,500]
carryover (OSIP 018-
12).
035 H-1 SERIES.............. 114,059 114,059 114,059 114,059
036 EP-3 SERIES............. 8,655 8,655 8,655 8,655
038 E-2 SERIES.............. 117,059 117,059 117,059 117,059
039 TRAINER A/C SERIES...... 5,616 5,616 5,616 5,616
040 C-2A.................... 15,747 15,747 15,747 15,747
041 C-130 SERIES............ 122,671 122,671 122,671 -5,885 116,786
B kit cost growth [-3,009]
(OSIP 019-14).
GFE excess growth [-2,876]
(OSIP 019-14).
042 FEWSG................... 509 509 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767 8,767 8,767
SERIES.
044 E-6 SERIES.............. 169,827 169,827 169,827 -2,611 167,216
Program reduction... [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933 8,933 8,933
SERIES.
047 T-45 SERIES............. 186,022 184,314 186,022 -1,708 184,314
NRE previously [-1,708] [-1,708]
funded.
048 POWER PLANT CHANGES..... 16,136 16,136 16,136 16,136
049 JPATS SERIES............ 21,824 21,824 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT.... 162,839 159,565 162,839 -10,000 152,839
Program decrease.... [-3,274] [-10,000]
052 COMMON AVIONICS CHANGES. 102,107 75,107 102,107 -27,000 75,107
Computing and [-27,000] [-27,000]
displays concurrency
and equipment growth
early to need.
053 COMMON DEFENSIVE WEAPON 2,100 2,100 2,100 2,100
SYSTEM.
054 ID SYSTEMS.............. 41,437 33,637 41,437 41,437
Unjustified unit [-7,800]
cost growth.
055 P-8 SERIES.............. 107,539 107,539 107,539 -10,976 96,563
Increment 3 ECP 6 [-10,976]
early to need (OSIP
006-18).
056 MAGTF EW FOR AVIATION... 26,536 26,536 26,536 26,536
057 MQ-8 SERIES............. 34,686 34,686 34,686 34,686
058 V-22 (TILT/ROTOR ACFT) 325,367 325,367 325,367 325,367
OSPREY.
059 NEXT GENERATION JAMMER 6,223 6,223 6,223 -3,112 3,111
(NGJ).
Program reduction... [-3,112]
060 F-35 STOVL SERIES....... 65,585 65,585 65,585 65,585
061 F-35 CV SERIES.......... 15,358 15,358 15,358 15,358
062 QRC..................... 165,016 146,558 165,016 -18,458 146,558
Program decrease.... [-18,458] [-18,458]
063 MQ-4 SERIES............. 27,994 27,994 27,994 27,994
064 RQ-21 SERIES............ 66,282 66,282 66,282 -5,250 61,032
EO/IR turret [-5,250]
upgrades unit cost
growth (OSIP 004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR PARTS. 2,166,788 2,102,788 1 2,235,088 -20,000 2,146,788
F-35B spares........ [14,900]
F-35C spares........ [24,600]
MQ-4 Triton spares [-64,000] [-20,000]
excess growth.
UPL F-35B engine.... [1] [28,800]
AIRCRAFT SUPPORT EQUIP &
FACILITIES
068 COMMON GROUND EQUIPMENT. 491,025 470,025 491,025 -21,000 470,025
Other flight [-21,000] [-21,000]
training previously
funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES......... 41,086 32,086 41,086 -9,000 32,086
BRU-61 previously [-9,000] [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 115,740 135,740 135,740
EQUIPMENT.
Program decrease.... [-20,000]
073 FIRST DESTINATION 892 892 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 145 18,522,204 153 18,821,764 128 19,014,928 8 439,612 153 18,961,816
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF MISSILES
001 TRIDENT II MODS......... 1,177,251 1,157,651 1,177,251 1,177,251
W76-2 low-yield [-19,600]
deployment.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK................ 90 386,730 90 386,730 90 330,430 -42,082 90 344,648
Unjustified tooling [-56,300] [-42,082]
and facilitization
costs.
TACTICAL MISSILES
004 AMRAAM.................. 169 224,502 169 191,502 169 224,502 -23,000 169 201,502
Unit cost growth.... [-33,000] [-23,000]
005 SIDEWINDER.............. 292 119,456 292 119,456 292 119,456 -2,052 292 117,404
Program reduction... [-2,052]
007 STANDARD MISSILE........ 125 404,523 125 379,523 125 404,523 125 404,523
SM-6 multi-year [-25,000]
procurement savings.
008 STANDARD MISSILE........ 96,085 96,085 96,085 96,085
009 SMALL DIAMETER BOMB II.. 750 118,466 750 118,466 750 118,466 -2,638 750 115,828
Program reduction... [-2,638]
010 RAM..................... 120 106,765 120 106,765 120 106,765 120 106,765
012 HELLFIRE................ 29 1,525 29 1,525 29 1,525 29 1,525
015 AERIAL TARGETS.......... 145,880 145,880 145,880 145,880
016 DRONES AND DECOYS....... 30 20,000 30 20,000 30 20,000 -1,479 30 18,521
Excess to need...... [-1,479]
017 OTHER MISSILE SUPPORT... 3,388 3,388 3,388 3,388
018 LRASM................... 48 143,200 48 168,200 48 143,200 48 143,200
Navy unfunded [25,000]
priority.
019 LCS OTH MISSILE......... 18 38,137 18 38,137 8 18,137 18 38,137
Unjustified [-10] [-20,000]
accelerated
acquisition strategy.
MODIFICATION OF MISSILES
020 ESSM.................... 60 128,059 60 118,059 60 128,059 -18,000 60 110,059
Production support [-10,000] [-18,000]
excess to need.
021 HARPOON MODS............ 25,447 25,447 25,447 25,447
022 HARM MODS............... 183,740 183,740 183,740 183,740
023 STANDARD MISSILES MODS.. 22,500 22,500 22,500 -20,000 2,500
Early to need....... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 109,427 109,427 -23,710 85,717
EQUIPMENT.
Insufficient budget [-23,710]
justifcation.
TORPEDOES AND RELATED
EQUIP
028 SSTD.................... 5,561 5,561 5,561 5,561
029 MK-48 TORPEDO........... 58 114,000 71 130,000 71 130,000 13 16,000 71 130,000
Program increase.... [13] [16,000] [13] [16,000] [13] [16,000]
030 ASW TARGETS............. 15,095 15,095 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS...... 119,453 111,453 119,453 -7,440 112,013
HAAWC cost growth... [-8,000] [-7,440]
032 MK-48 TORPEDO ADCAP MODS 39,508 39,508 39,508 39,508
033 QUICKSTRIKE MINE........ 5,183 5,183 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT....... 3,890 3,890 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND WEAPONS.. 14,797 14,797 14,797 -1,190 13,607
Program reduction... [-1,190]
MODIFICATION OF GUNS AND
GUN MOUNTS
038 CIWS MODS............... 44,126 44,126 44,126
Unjustified OCO [-44,126]
request.
039 COAST GUARD WEAPONS..... 44,980 44,980 44,980 44,980
040 GUN MOUNT MODS.......... 66,376 66,376 66,376 66,376
041 LCS MODULE WEAPONS...... 120 14,585 120 14,585 120 14,585
Program decrease.... [-120] [-14,585]
043 AIRBORNE MINE 7,160 7,160 7,160 7,160
NEUTRALIZATION SYSTEMS.
SPARES AND REPAIR PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR PARTS. 126,138 126,138 126,138 -1,748 124,390
Program reduction... [-1,748]
TOTAL WEAPONS 1,909 4,235,244 1,802 4,121,933 1,912 4,174,944 13 -127,339 1,922 4,107,905
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS... 36,028 20,028 36,028 -1,031 34,997
Fuze contract delay [-16,000] [-1,031]
and unit cost growth.
002 JDAM.................... 2,844 70,413 2,844 62,913 2,844 70,413 2,844 70,413
JDAM tail kit unit [-7,500]
cost growth.
003 AIRBORNE ROCKETS, ALL 31,756 22,256 31,756 -4,049 27,707
TYPES.
Unit cost growth.... [-9,500] [-4,049]
004 MACHINE GUN AMMUNITION.. 4,793 4,793 4,793 4,793
005 PRACTICE BOMBS.......... 34,708 27,208 34,708 -7,500 27,208
Q1300 LGTR unit cost [-7,500] [-7,500]
growth.
006 CARTRIDGES & CART 45,738 38,738 45,738 -7,000 38,738
ACTUATED DEVICES.
Contract and [-7,000] [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,801 77,301 -9,447 67,854
COUNTERMEASURES.
Unit cost growth.... [-9,500] [-9,447]
008 JATOS................... 7,262 7,262 7,262 7,262
009 5 INCH/54 GUN AMMUNITION 22,594 22,594 22,594 -1,428 21,166
MK187 mod 0 [-1,428]
projectile unit cost
growth.
010 INTERMEDIATE CALIBER GUN 37,193 37,193 37,193 37,193
AMMUNITION.
011 OTHER SHIP GUN 39,491 29,491 39,491 -200 39,291
AMMUNITION.
CART 20MM contract [-10,000] [-200]
award delay.
012 SMALL ARMS & LANDING 47,896 47,896 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN $5 2,386 2,386 2,386 2,386
MILLION.
MARINE CORPS AMMUNITION
016 MORTARS................. 55,543 50,543 55,543 -5,000 50,543
Prior year [-5,000] [-5,000]
underexecution.
017 DIRECT SUPPORT MUNITIONS 131,765 131,765 131,765 131,765
018 INFANTRY WEAPONS 78,056 74,556 78,056 -25,968 52,088
AMMUNITION.
Underexecution and [-3,500] [-25,968]
schedule delays.
019 COMBAT SUPPORT MUNITIONS 40,048 34,048 40,048 -6,000 34,048
Unit cost growth.... [-6,000] [-6,000]
020 AMMO MODERNIZATION...... 14,325 14,325 14,325 14,325
021 ARTILLERY MUNITIONS..... 188,876 167,476 188,876 -21,400 167,476
DA 54 contract delay [-21,400] [-21,400]
022 ITEMS LESS THAN $5 4,521 4,521 4,521 4,521
MILLION.
TOTAL PROCUREMENT 2,844 981,314 2,844 878,414 2,844 981,314 -89,023 2,844 892,291
OF AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC MISSILE
SHIPS
001 OHIO REPLACEMENT 1,698,907 1,823,907 1,823,907 123,000 1,821,907
SUBMARINE.
Submarine industrial [125,000]
base expansion.
Submarine supplier [125,000] [123,000]
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 1 2,347,000 1,952,000 1 2,347,000 -1 -1,305,000 1,042,000
PROGRAM.
Basic construction/ [-302,000] [-20,000]
conversion excess
cost growth.
CVN-81 previously [-1] [-1]
authorized.
Propulsion equipment [-93,000]
excess cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81 only
to line 2X.
002A CARRIER REPLACEMENT 1,285,000 1,285,000
PROGRAM.
For CVN-81 only..... [1,285,000]
003 VIRGINIA CLASS SUBMARINE 3 7,155,946 3 6,605,946 2 4,691,946 -1 -1,710,000 2 5,445,946
Block V MYP savings [-550,000]
redirected to fund
USS Boise, USS
Hartford, and USS
Columbus
availabilities.
Block V program [1,490,000]
increase.
Restore VPM on SSN- [522,100]
804.
SSN-812 program [-1] [-2,986,100] [-1] [-3,200,000]
decrease.
004 VIRGINIA CLASS SUBMARINE 2,769,552 2,769,552 4,269,552 200,000 2,969,552
ADVANCE PROCUREMENT.
Advance Procurement [1,500,000] [200,000]
in support of a 10th
multi-year
procurement contract
ship only.
005 CVN REFUELING OVERHAULS. 1 647,926 1 453,926 1 597,926 -16,000 1 631,926
CVN-74 RCOH basic [-165,000]
construction/
conversion excess
cost growth.
CVN-74 RCOH ordnance [-46,000]
excess cost growth.
CVN-74 RCOH [-50,000] [-16,000]
unjustified cost
growth.
CVN-75 RCOH [17,000]
restoration.
006 CVN REFUELING OVERHAULS 16,900 16,900 16,900
ADVANCE PROCUREMENT.
Restore CVN-75 RCOH. [16,900] [16,900]
007 DDG 1000................ 155,944 155,944 155,944 155,944
008 DDG-51.................. 3 5,099,295 3 5,013,295 3 5,079,295 -66,000 3 5,033,295
Available prior year [-20,000]
funds.
Basic Construction [-66,000]
excess growth.
Basic ship [-86,000]
construction excess
cost growth.
009 DDG-51 ADVANCE 224,028 224,028 484,028 260,000 484,028
PROCUREMENT.
Accelerate LLTM for [260,000] [260,000]
FY21 Flight III
destroyers.
011 FFG-FRIGATE............. 1 1,281,177 1 1,266,177 1 1,281,177 1 1,281,177
Change order early [-15,000]
to need.
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........... 1 100,000 1 525,000 1 525,000 1 525,000
LPD-31 program [1] [277,900] [1] [277,900]
increase.
Quantity increase... [1]
Transfer from line [100,000] [247,100]
13.
Transfer from SCN [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 147,100 -247,100
PROCUREMENT.
Transfer to line 12. [-100,000] [-247,100]
Transfer to SCN line [-247,100]
12.
015 LHA REPLACEMENT......... 1 650,000 1 650,000 1 650,000
LHA-9 program [1] [650,000] [1] [650,000]
increase.
017 EXPEDITIONARY FAST 49,000
TRANSPORT (EPF).
Medical transport [49,000]
modification for EPF-
14 Navy unfunded
priority.
AUXILIARIES, CRAFT AND
PRIOR YR PROGRAM COST
018 TAO FLEET OILER......... 2 981,215 1 607,215 2 981,215 2 981,215
Full funding early [-1] [-447,000]
to need.
Transfer from Line [73,000]
19.
019 TAO FLEET OILER ADVANCE 73,000 73,000 73,000
PROCUREMENT.
Transfer to Line 18. [-73,000]
020 TOWING, SALVAGE, AND 2 150,282 2 150,282 2 150,282 2 150,282
RESCUE SHIP (ATS).
022 LCU 1700................ 4 85,670 4 85,670 4 85,670 4 85,670
023 OUTFITTING.............. 754,679 643,554 704,679 -48,958 705,721
Early to need and [-50,000]
unjustified cost
growth.
ESB-9 Outfitting [-11,125]
early to need.
Excess cost growth.. [-100,000] [-40,000]
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE CONNECTOR. 1 65,000 1 65,000 1 65,000
Program decrease.... [-1] [-65,000]
Program increase.... [2] [130,000] [1] [65,000]
024A SHIP TO SHORE CONNECTOR 40,400
AP.
Program increase.... [40,400]
025 SERVICE CRAFT........... 56,289 56,289 81,789 25,500 81,789
Accelerate YP-703 [25,500] [25,500]
Flight II.
028 COMPLETION OF PY 55,700 25,700 104,700 49,000 104,700
SHIPBUILDING PROGRAMS.
ESB change order [-30,000]
prior year carryover.
UPL EPF-14 [49,000] [49,000]
conversion.
TOTAL SHIPBUILDING 17 23,783,710 17 22,194,585 18 24,144,410 1 -193,658 18 23,590,052
AND CONVERSION,
NAVY.
OTHER PROCUREMENT, NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER EQUIPMENT. 14,490 14,490 14,490 14,490
GENERATORS
002 SURFACE COMBATANT HM&E.. 31,583 23,503 50,583 -22 31,561
Excess cost growth.. [-8,080]
Twisted rudder [-22]
installation early
to need.
UPL DDG-51 class [19,000]
HM&E upgrades.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 60,830 77,404 77,404
EQUIPMENT.
Excess cost growth.. [-16,574]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, IMAGING 160,803 160,803 160,803 160,803
AND SUPT EQUIP PROG.
005 DDG MOD................. 566,140 566,140 566,140 -12,650 553,490
Aegis modernization [-5,000]
testing excess to
need.
Combat system ship [-7,650]
qualification trials
excess to need.
006 FIREFIGHTING EQUIPMENT.. 18,223 18,223 18,223 18,223
007 COMMAND AND CONTROL 2,086 2,086 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE......... 95,651 64,651 95,651 -16,088 79,563
Excess cost growth.. [-31,000] [-16,088]
009 POLLUTION CONTROL 23,910 23,910 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 25,300 44,895 44,895
EQUIPMENT.
Acoustic superiority [-11,855]
early to need.
Excess cost growth.. [-7,740]
011 VIRGINIA CLASS SUPPORT 28,465 28,465 28,465 28,465
EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES..... 26,290 26,290 26,290 -993 25,297
Virginia class unit [-993]
cost growth.
014 LPD CLASS SUPPORT 46,945 46,945 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS SUPPORT 9,930 9,930 9,930 9,930
EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT.......... 2,909 2,909 2,909 2,909
018 CG MODERNIZATION........ 193,990 193,990 193,990 193,990
019 LCAC.................... 3,392 3,392 3,392 3,392
020 UNDERWATER EOD PROGRAMS. 71,240 71,240 82,240 71,240
Program increase for [11,000]
four ExMCM companies.
021 ITEMS LESS THAN $5 102,543 102,543 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE SUPPORT 6,635 6,635 6,635 6,635
SYSTEM.
REACTOR PLANT EQUIPMENT
024 REACTOR POWER UNITS..... 5,340 5,340 5,340 5,340
025 REACTOR COMPONENTS...... 465,726 465,726 465,726 -2,977 462,749
Program decrease-- [-2,977]
unit cost growth.
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 10,706 11,854 11,854
EQUIPMENT.
Excess cost growth.. [-1,148]
SMALL BOATS
027 STANDARD BOATS.......... 79,102 73,967 79,102 79,102
Excess cost growth.. [-5,135]
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE.... 202,238 202,238 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 33,237 51,553 51,553
MODULES EQUIPMENT.
Excess cost growth.. [-18,316]
030 LCS MCM MISSION MODULES. 197,129 77,129 67,329 -62,972 134,157
Excess cost growth.. [-120,000] [-62,972]
Procurement ahead of [-129,800]
satisfactory testing.
031 LCS ASW MISSION MODULES. 27,754 25,254 27,754 27,754
Demonstrate [2,500]
alternate low
frequency active
sonar.
Excess cost growth.. [-5,000]
032 LCS SUW MISSION MODULES. 26,566 14,566 26,566 26,566
Excess cost growth.. [-12,000]
033 LCS IN-SERVICE 84,972 84,972 84,972 -2,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV...... 40,547 10,601 10,647 -29,900 10,647
Knifefish early to [-29,946] [-29,900]
need.
Knifefish [-29,900]
procurement ahead of
satisfactory testing.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR............ 26,195 26,195 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC EQUIPMENT.. 366,968 354,968 366,968 -10,015 356,953
Low cost conformal [-12,000] [-10,015]
array contract delay.
039 UNDERSEA WARFARE SUPPORT 8,967 8,967 8,967 8,967
EQUIPMENT.
ASW ELECTRONIC EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545 23,545 23,545
WARFARE SYSTEM.
041 SSTD.................... 12,439 12,439 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441 128,441 128,441
SYSTEM.
043 SURTASS................. 21,923 21,923 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............... 420,154 420,154 358,154 -69,468 350,686
Block 3 kit early to [-65,758]
need.
Early to need....... [-62,000]
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 for [-1,410]
USCG ship forward
fit contract delays.
RECONNAISSANCE EQUIPMENT
045 SHIPBOARD IW EXPLOIT.... 194,758 194,758 202,758 -1,318 193,440
SSEE modifications [-1,318]
kits unit cost
growth.
UPL SSEE expansion [8,000]
on Flight I DDGs.
046 AUTOMATED IDENTIFICATION 5,368 5,368 5,368 5,368
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE ENGAGEMENT 35,128 35,128 35,128 35,128
CAPABILITY.
048 NAVAL TACTICAL COMMAND 15,154 15,154 15,154 15,154
SUPPORT SYSTEM (NTCSS).
049 ATDLS................... 52,753 52,753 52,753 52,753
050 NAVY COMMAND AND CONTROL 3,390 3,390 3,390 3,390
SYSTEM (NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM....... 8,730 8,730 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT.... 72,406 72,406 72,406 72,406
057 AFLOAT ATC EQUIPMENT.... 67,410 67,410 67,410 -1,631 65,779
ACLS mod kits [-1,631]
installations cost
growth.
058 ID SYSTEMS.............. 26,059 15,464 26,059 26,059
OE-120/UPX antenna [-10,595]
insufficient budget
justification.
059 JOINT PRECISION APPROACH 92,695 61,348 92,695 -14,500 78,195
AND LANDING SYSTEM (.
Early to need....... [-31,347] [-14,500]
060 NAVAL MISSION PLANNING 15,296 15,296 15,296 15,296
SYSTEMS.
OTHER SHORE ELECTRONIC
EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226 36,226 36,226
SYSTEMS.
062 DCGS-N.................. 21,788 21,788 21,788 -361 21,427
DCGS-N increment 2 [-361]
kit unit cost
discrepancy.
063 CANES................... 426,654 396,654 426,654 -31,500 395,154
Program decrease.... [-30,000] [-31,500]
064 RADIAC.................. 6,450 6,450 6,450 6,450
065 CANES-INTELL............ 52,713 52,713 52,713 52,713
066 GPETE................... 13,028 13,028 13,028 13,028
067 MASF.................... 5,193 5,193 5,193 5,193
068 INTEG COMBAT SYSTEM TEST 6,028 6,028 6,028 6,028
FACILITY.
069 EMI CONTROL 4,209 4,209 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 151,593 144,636 -23,800 144,636
MILLION.
Excess cost growth.. [-16,843]
NGSSR early to need. [-23,800] [-23,800]
SHIPBOARD COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 55,853 55,853 -5,800 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 117,861 137,861 -15,481 122,380
AUTOMATION.
STACC cost growth... [-20,000] [-15,481]
073 COMMUNICATIONS ITEMS 35,093 35,093 35,093 -3,600 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833 50,833 50,833
SUPPORT.
075 SUBMARINE COMMUNICATION 69,643 60,643 69,643 -8,849 60,794
EQUIPMENT.
Buoy shape [-9,000] [-8,849]
improvement
unjustified request.
SATELLITE COMMUNICATIONS
076 SATELLITE COMMUNICATIONS 45,841 45,841 45,841 45,841
SYSTEMS.
077 NAVY MULTIBAND TERMINAL 88,021 88,021 88,021 -5,873 82,148
(NMT).
Afloat ship kit cost [-4,055]
growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293 4,293 4,293
SUPPORT ELEMENT (JCSE).
CRYPTOGRAPHIC EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL EXPLOITATION 968 968 968 968
TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC SUPPORT
083 COAST GUARD EQUIPMENT... 61,370 61,370 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES.... 260,644 296,344 310,644 50,000 310,644
Navy unfunded [35,700]
priority.
UPL sonobuoy [50,000] [50,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR................ 5,000 5,000 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 94,843 101,843 101,843
EQUIPMENT.
Excess cost growth.. [-7,000]
088 AIRCRAFT SUPPORT 145,601 112,181 145,601 -10,390 135,211
EQUIPMENT.
Excess cost growth.. [-20,000] [-10,390]
Program decrease.... [-13,420]
089 ADVANCED ARRESTING GEAR 4,725 4,725 4,725 4,725
(AAG).
090 METEOROLOGICAL EQUIPMENT 14,687 14,687 14,687 -2,280 12,407
ASOS upgrades unit [-2,280]
cost growth.
092 LEGACY AIRBORNE MCM..... 19,250 19,250 19,250 -332 18,918
Modifications [-332]
unjustified growth.
093 LAMPS EQUIPMENT......... 792 792 792 792
094 AVIATION SUPPORT 55,415 52,415 55,415 -3,000 52,415
EQUIPMENT.
Contract delay...... [-3,000] [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 243,304 228,104 40,200 268,304
EQUIPMENT.
Excess cost growth.. [-25,000]
Program increase.... [40,200] [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 138,547 148,547 -4,869 143,678
SYSTEMS.
Excess cost growth.. [-10,000] [-4,869]
102 ASW SUPPORT EQUIPMENT... 21,130 21,130 21,130 21,130
OTHER ORDNANCE SUPPORT
EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE DECOY 41,962 41,962 41,962 41,962
SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 189,253 233,175 -10,528 222,647
EQUIPMENT.
BFFT ship sets [-1,515]
excess to need.
LCS trainer [-43,922] [-9,013]
equipment early to
need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE TRUCKS.. 10,974 10,974 10,974 10,974
110 CONSTRUCTION & 43,191 43,191 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING EQUIPMENT. 21,142 11,642 21,142 -9,500 11,642
Contract delays..... [-9,500] [-9,500]
112 TACTICAL VEHICLES....... 33,432 32,032 33,432 33,432
JLTV contract delay. [-1,400]
114 POLLUTION CONTROL 2,633 2,633 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 MILLION.. 53,467 53,467 53,467 53,467
116 PHYSICAL SECURITY 1,173 1,173 1,173 1,173
VEHICLES.
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT........ 16,730 16,730 16,730 16,730
118 FIRST DESTINATION 5,389 5,389 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE SUPPLY 654,674 654,674 654,674 -37,152 617,522
SYSTEMS.
Insufficient budget [-37,152]
justification.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633 3,633 3,633
EQUIPMENT.
121 TRAINING AND EDUCATION 97,636 82,536 97,636 -3,100 94,536
EQUIPMENT.
Excess growth....... [-3,100]
Reduction in one [-15,100]
Training Support
Vessel.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,102 59,779 -15,668 50,434
EQUIPMENT.
Prior year [-16,000] [-15,668]
underexecution.
Program duplication. [-6,323]
123 MEDICAL SUPPORT 3,633 3,633 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES SUPPORT 16,905 16,905 16,905 16,905
EQUIPMENT.
127 C4ISR EQUIPMENT......... 30,146 30,146 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046 160,046 160,046
EQUIPMENT.
130 ENTERPRISE INFORMATION 56,899 56,899 56,899 56,899
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS..... 16,346 16,346 16,346 16,346
SPARES AND REPAIR PARTS
134 SPARES AND REPAIR PARTS. 375,608 352,140 375,608 -23,468 352,140
JPALS spares early [-8,137] [-8,137]
to need.
LCS spares early to [-15,331] [-15,331]
need.
TOTAL OTHER 9,652,956 9,146,967 9,489,133 -350,857 9,302,099
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT VEHICLES
001 AAV7A1 PIP.............. 39,495 39,495 39,495 39,495
002 AMPHIBIOUS COMBAT 56 317,935 56 313,135 56 317,935 -4,804 56 313,131
VEHICLE 1.1.
Excess engineering [-4,800] [-4,804]
change orders.
003 LAV PIP................. 60,734 60,734 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT TOWED 25,065 25,065 25,065 25,065
HOWITZER.
005 ARTILLERY WEAPONS SYSTEM 100,002 90,002 100,002 -10,000 90,002
Equipment previously [-10,000] [-10,000]
funded and cost
growth.
006 WEAPONS AND COMBAT 31,945 31,945 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS....... 22,760 22,760 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR DEFENSE 175,998 175,998 175,998 175,998
009 ANTI-ARMOR MISSILE- 97 20,207 97 20,207 97 20,207 97 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR WEAPON 21,913 21,913 21,913 21,913
SYSTEMS (FOAAWS).
011 ANTI-ARMOR MISSILE-TOW.. 60,501 60,501 60,501 60,501
012 GUIDED MLRS ROCKET 210 29,062 210 28,062 210 29,062 -1,000 210 28,062
(GMLRS).
Unit cost [-1,000] [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION COMMAND 37,203 32,203 37,203 -5,000 32,203
AND CONTROL SYSTEM (C.
AN/MRQ-13 [-5,000] [-5,000]
communications
subsystems upgrades
unjustified growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS....... 4,945 4,945 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 MILLION 112,124 83,124 112,124 -29,700 82,424
(COMM & ELEC).
Unit cost growth.... [-29,000] [-29,700]
017 AIR OPERATIONS C2 17,408 17,408 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT (NON-
TEL)
018 RADAR SYSTEMS........... 329 329 329 329
019 GROUND/AIR TASK ORIENTED 8 273,022 8 273,022 8 273,022 8 273,022
RADAR (G/ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC................. 4,484 4,484 4,484 4,484
022 FIRE SUPPORT SYSTEM..... 35,488 35,488 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396 56,896 -2,500 54,396
EQUIPMENT.
Unjustified growth.. [-2,500] [-2,500]
025 UNMANNED AIR SYSTEMS 34,711 34,711 34,711 34,711
(INTEL).
026 DCGS-MC................. 32,562 32,562 32,562 32,562
OTHER SUPPORT (NON-TEL)
030 NEXT GENERATION 114,901 114,901 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS.... 108,897 108,897 108,897 108,897
033 RADIO SYSTEMS........... 227,320 212,320 227,320 -15,000 212,320
Cost growth and [-15,000] [-15,000]
early to need.
034 COMM SWITCHING & CONTROL 31,685 23,685 31,685 -7,904 23,781
SYSTEMS.
ECP small form [-8,000] [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140 21,140 21,140
INFRASTRUCTURE SUPPORT.
036 CYBERSPACE ACTIVITIES... 27,632 27,632 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS..... 5,535 5,535 5,535 5,535
ADMINISTRATIVE VEHICLES
037 COMMERCIAL CARGO 28,913 28,913 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 1,398 558,107 1,398 556,107 1,398 558,107 -2,000 1,398 556,107
VEHICLE.
ECP previously [-2,000] [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS... 52 52 52 52
043 POWER EQUIPMENT ASSORTED 22,441 22,441 22,441 22,441
044 AMPHIBIOUS SUPPORT 7,101 7,101 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS............. 44,700 44,700 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL EQUIPMENT. 2,898 2,898 2,898 2,898
048 TRAINING DEVICES........ 149,567 126,567 149,567 -23,000 126,567
ODS unjustified [-23,000] [-23,000]
request.
049 FAMILY OF CONSTRUCTION 35,622 35,622 35,622 35,622
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956 10,956 10,956
MILLION.
SPARES AND REPAIR PARTS
052 SPARES AND REPAIR PARTS. 33,470 33,470 33,470 33,470
TOTAL PROCUREMENT, 1,769 3,090,449 1,769 2,990,149 1,769 3,090,449 -100,908 1,769 2,989,541
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35.................... 48 4,274,359 60 5,126,409 60 5,364,359 12 1,292,050 60 5,566,409
Program increase.... [12] [1,042,800] [12] [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
Target cost savings. [-190,750] [-190,750]
UPL additional [12] [1,090,000]
quantities.
002 F-35.................... 655,500 655,500 811,500 156,000 811,500
UPL Increase........ [156,000] [156,000]
003 F-15E................... 8 1,050,000 8 941,000 8 888,000 -64,500 8 985,500
NRE cost on a non- [-162,000]
developmental A/C.
Unjustified non- [-109,000] [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP............. 12 2,234,529 12 2,199,705 15 2,705,529 -36,000 12 2,198,529
Excess to need...... [-34,824] [-36,000]
UPL additional [3] [471,000]
quantities.
OTHER AIRLIFT
006 C-130J.................. 12,156 4 404,156 12,156 4 392,000 4 404,156
Program increase.... [4] [392,000] [4] [392,000]
008 MC-130J................. 8 871,207 8 871,207 8 871,207 -13,600 8 857,607
Excess to need...... [-13,600]
009 MC-130J................. 40,000 40,000 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE HELICOPTER 12 884,235 12 876,235 12 884,235 -8,200 12 876,035
Excess to need...... [-8,000] [-8,200]
MISSION SUPPORT AIRCRAFT
011 C-37A................... 2 161,000 2 161,000 2 161,000 -13,500 2 147,500
Unit cost growth.... [-13,500]
012 CIVIL AIR PATROL A/C.... 4 2,767 4 2,767 4 2,767 4 2,767
OTHER AIRCRAFT
014 TARGET DRONES........... 37 130,837 37 130,837 37 130,837 37 130,837
015 COMPASS CALL............ 1 114,095 1 114,095 1 114,095 1 114,095
017 MQ-9.................... 3 189,205 15 313,005 3 189,205 -14,000 3 175,205
Program increase.... [12] [137,800]
Unit cost growth.... [-14,000] [-14,000]
STRATEGIC AIRCRAFT
019 B-2A.................... 9,582 9,582 9,582 9,582
020 B-1B.................... 22,111 22,111 22,111 -9,000 13,111
ADS-B ahead of need. [-9,000]
021 B-52.................... 69,648 69,648 69,648 69,648
022 LARGE AIRCRAFT INFRARED 43,758 43,758 43,758 43,758
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10.................... 132,069 132,069 132,069 132,069
024 E-11 BACN/HAG........... 70,027 1 90,027 70,027 70,027
Aircraft increase... [1] [20,000]
025 F-15.................... 481,073 480,443 328,073 -13,306 467,767
ADCP unnecessary due [-75,100] [-13,306]
to F-15X.
F-15C MUOS ahead of [-630]
need.
IFF unnecessary due [-29,600]
to F-15X.
Longerons [-24,600]
unnecessary due to F-
15X.
Radar unnecessary [-23,700]
due to F-15X.
026 F-16.................... 234,782 234,782 30 309,782 30 75,000 30 309,782
Additional radars... [30] [75,000] [30] [75,000]
028 F-22A................... 323,597 323,597 323,597 323,597
030 F-35 MODIFICATIONS...... 343,590 343,590 343,590 343,590
031 F-15 EPAW............... 149,047 25,047 81,847 -23,630 125,417
Not required because [-67,200] [-23,630]
of F-15X.
Prior-year carryover [-124,000]
032 INCREMENT 3.2B.......... 20,213 20,213 20,213 20,213
033 KC-46A MDAP............. 10,213 3,639 10,213 -5,000 5,213
Excess to need...... [-6,574]
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5..................... 73,550 73,550 73,550 73,550
036 C-17A................... 60,244 60,244 60,244 60,244
037 C-21.................... 216 216 216 216
038 C-32A................... 11,511 11,511 11,511 11,511
039 C-37A................... 435 435 435 435
TRAINER AIRCRAFT
040 GLIDER MODS............. 138 138 138 138
041 T-6..................... 11,826 11,826 11,826 11,826
042 T-1..................... 26,787 26,787 26,787 26,787
043 T-38.................... 37,341 45,041 37,341 37,341
T-38 A/B ejection [7,700]
seat safety.
OTHER AIRCRAFT
044 U-2 MODS................ 86,896 119,896 86,896 20,000 106,896
Increase for U-2 [33,000] [20,000]
enhancements.
045 KC-10A (ATCA)........... 2,108 2,108 2,108 2,108
046 C-12.................... 3,021 3,021 3,021 3,021
047 VC-25A MOD.............. 48,624 48,624 48,624 48,624
048 C-40.................... 256 256 256 256
049 C-130................... 52,066 186,066 52,066 134,000 186,066
3.5 Engine [79,000] [79,000]
Enhancement Package.
NP-2000 prop blade [55,000] [55,000]
upgrades.
050 C-130J MODS............. 141,686 141,686 141,686 141,686
051 C-135................... 124,491 124,491 124,491 -1,875 122,616
Low cost mods slow [-1,000]
execution.
RPI installs........ [-875]
053 COMPASS CALL............ 110,754 110,754 110,754 110,754
054 COMBAT FLIGHT 508 508 508 508
INSPECTION--CFIN.
055 RC-135.................. 227,673 398,673 227,673 227,673
Program increase.... [171,000]
056 E-3..................... 216,299 216,299 216,299 -87,307 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line 88.
057 E-4..................... 58,477 58,477 58,477 58,477
058 E-8..................... 28,778 56,778 58,778 20,000 48,778
Increase for re- [28,000] [20,000]
engining.
SATCOM radios....... [30,000]
059 AIRBORNE WARNING AND 36,000 36,000 36,000 36,000
CNTRL SYS (AWACS) 40/45.
060 FAMILY OF BEYOND LINE-OF- 7,910 7,910 7,910 7,910
SIGHT TERMINALS.
061 H-1..................... 3,817 3,817 3,817 3,817
062 H-60.................... 20,879 20,879 20,879 20,879
063 RQ-4 MODS............... 1,704 1,704 1,704 1,704
064 HC/MC-130 MODIFICATIONS. 51,482 51,482 51,482 51,482
065 OTHER AIRCRAFT.......... 50,098 50,098 50,098 50,098
066 MQ-9 MODS............... 383,594 251,594 383,594 -132,000 251,594
Production rate [-132,000] [-132,000]
adjustment of DAS-4
sensor.
068 CV-22 MODS.............. 65,348 65,348 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 544,830 970,230 91,000 799,230
PARTS.
F-35 spares......... [96,000] [96,000]
KC-46 spares........ [141,000]
Program decrease.... [-40,000] [-30,000]
RQ-4................ [25,000] [25,000]
Unjustified F-15C [-123,400]
requirements.
COMMON SUPPORT EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION SUPPORT
073 B-2A.................... 1,403 1,403 1,403 1,403
074 B-2B.................... 42,234 42,234 42,234 42,234
075 B-52.................... 4,641 4,641 4,641 4,641
076 C-17A................... 124,805 124,805 124,805 124,805
079 F-15.................... 2,589 2,589 2,589 2,589
081 F-16.................... 15,348 14,748 15,348 15,348
Line shutdown early [-600]
to need.
084 RQ-4 POST PRODUCTION 47,246 47,246 47,246 47,246
CHARGES.
INDUSTRIAL PREPAREDNESS
086 INDUSTRIAL 17,705 17,705 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES......... 32,102 32,102 32,102 32,102
OTHER PRODUCTION CHARGES
088 OTHER PRODUCTION CHARGES 1,194,728 1,073,728 1,194,728 27,307 1,222,035
F-22 NGEN lab excess [-72,000] [-60,000]
NATO AWACS--Air [87,307]
Force requested
transfer from line
56.
Program decrease.... [-33,000]
RQ-4 delayed [-16,000]
obligations.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS..... 34,193 34,193 34,193 34,193
TOTAL AIRCRAFT 135 16,784,279 164 17,845,801 180 18,486,079 46 1,785,439 181 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT, AIR
FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT EQ- 55,888 55,888 55,888 55,888
BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 60 15,000 60 60 15,000 -30 -7,500 30 7,500
MUNITION.
Unjustified [-15,000] [-30] [-7,500]
requirement (JAGM-F).
004 JOINT AIR-SURFACE 411 482,525 411 482,525 411 482,525 411 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X)..... 355 160,408 355 160,408 355 160,408 355 160,408
007 AMRAAM.................. 220 332,250 220 332,250 220 332,250 220 332,250
008 PREDATOR HELLFIRE 1,531 118,860 1,531 111,160 1,531 118,860 1,531 118,860
MISSILE.
Unit cost savings... [-7,700]
009 SMALL DIAMETER BOMB..... 7,078 275,438 7,078 275,438 7,078 275,438 7,078 275,438
010 SMALL DIAMETER BOMB II.. 1,175 212,434 1,175 201,434 1,175 212,434 -11,750 1,175 200,684
Unit cost growth.... [-11,000] [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/POL 801 801 801 801
PREVENTION.
CLASS IV
012 ICBM FUZE MOD........... 6 5,000 6 5,000 6 5,000 6 5,000
013 ICBM FUZE MOD........... 14,497 14,497 14,497 14,497
014 MM III MODIFICATIONS.... 50,831 50,831 59,731 8,874 59,705
Air Force requested [8,900] [8,874]
transfer.
015 AGM-65D MAVERICK........ 294 294 294 294
016 AIR LAUNCH CRUISE 77,387 77,387 68,487 -8,874 68,513
MISSILE (ALCM).
Air Force requested [-8,900] [-8,874]
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE PROGRAMS. 144,553 144,553 144,553 144,553
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS..... 849,521 849,521 849,521 849,521
TOTAL MISSILE 10,836 2,889,187 10,836 2,855,487 10,836 2,889,187 -30 -19,250 10,806 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT, AIR
FORCE
SPACE PROGRAMS
001 ADVANCED EHF............ 31,894 31,894 31,894 31,894
002 AF SATELLITE COMM SYSTEM 56,298 56,298 56,298 56,298
004 COUNTERSPACE SYSTEMS.... 5,700 5,700 5,700 5,700
005 FAMILY OF BEYOND LINE-OF- 34,020 24,020 34,020 -5,000 29,020
SIGHT TERMINALS.
Unjustified growth.. [-10,000] [-5,000]
007 GENERAL INFORMATION 3,244 3,244 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON........ 1 414,625 1 414,625 1 414,625 1 414,625
009 GPS III SPACE SEGMENT... 31,466 31,466 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031 32,031 32,031
(COMSEC).
013 MILSATCOM............... 11,096 11,096 11,096 11,096
015 EVOLVED EXPENDABLE 4 1,237,635 4 1,237,635 4 1,237,635 4 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE)....... 233,952 218,012 233,952 233,952
Unjustified growth.. [-15,940]
017 NUDET DETECTION SYSTEM.. 7,432 7,432 7,432 7,432
018 ROCKET SYSTEMS LAUNCH 11,473 11,473 11,473 11,473
PROGRAM.
019 SPACE FENCE............. 71,784 50,284 71,784 71,784
Unjustified growth.. [-21,500]
020 SPACE MODS.............. 106,330 86,330 106,330 106,330
Unjustified growth.. [-20,000]
021 SPACELIFT RANGE SYSTEM 118,140 118,140 118,140 118,140
SPACE.
SPACE PROCUREMENT, AIR
FORCE
SPARES
022 SPARES AND REPAIR PARTS. 7,263 7,263 7,263 7,263
TOTAL SPACE 5 2,414,383 5 2,346,943 5 2,414,383 -5,000 5 2,409,383
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS................. 133,268 115,268 133,268 -18,200 115,068
APKWS Mk 66 rocket [-18,000] [-18,200]
motor price
adjustment.
CARTRIDGES
002 CARTRIDGES.............. 140,449 140,449 140,449 140,449
BOMBS
003 PRACTICE BOMBS.......... 29,313 29,313 29,313 29,313
004 GENERAL PURPOSE BOMBS... 85,885 85,885 85,885 85,885
006 JOINT DIRECT ATTACK 37,000 1,066,224 37,000 1,019,224 37,000 1,066,224 -32,000 37,000 1,034,224
MUNITION.
LJDAM sensor cost [-10,000]
adjustment.
Tailkit unit cost [-37,000] [-32,000]
adjustment.
007 B61..................... 533 80,773 533 80,773 533 80,773 533 80,773
OTHER ITEMS
009 CAD/PAD................. 47,069 47,069 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR PARTS. 533 533 533 533
012 MODIFICATIONS........... 1,291 1,291 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677 1,677 1,677
$5,000,000.
FLARES
015 FLARES.................. 36,116 22,116 36,116 36,116
Program decrease.... [-14,000]
FUZES
016 FUZES................... 1,734 1,734 1,734 1,734
SMALL ARMS
017 SMALL ARMS.............. 37,496 32,496 37,496 37,496
Program decrease.... [-5,000]
TOTAL PROCUREMENT 37,533 1,667,961 37,533 1,583,961 37,533 1,667,961 -50,200 37,533 1,617,761
OF AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL VEHICLE. 34,616 29,616 34,616 34,616
Unjustified unit [-5,000]
cost increases.
003 CAP VEHICLES............ 1,040 3,567 1,040 2,527 3,567
Program increase-- [1,867] [1,867]
communications.
Program increase-- [660] [660]
vehicles.
004 CARGO AND UTILITY 23,133 18,588 23,133 23,133
VEHICLES.
Program increase.... [455]
Program reduction... [-5,000]
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 32,027 22,027 32,027 32,027
VEHICLE.
Program reduction... [-10,000]
006 SECURITY AND TACTICAL 1,315 1,315 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE VEHICLES 14,593 9,593 14,593 14,593
Program reduction-- [-5,000]
prior year carryover.
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848 21,848 21,848
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 3,259 2,925 2,925
CLEANING EQU.
Program increase.... [334]
011 BASE MAINTENANCE SUPPORT 55,776 52,876 55,776 55,776
VEHICLES.
Program increase.... [2,100]
Program reduction... [-5,000]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT........ 91,461 91,461 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL TECH 11,386 11,386 11,386 11,386
& ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058 35,558 -3,500 32,058
EQUIPMENT.
IMAD unjustified [-3,500] [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL SYSTEM-- 3,063 3,063 3,063 3,063
FIXED.
021 WEATHER OBSERVATION 31,447 31,447 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145 10,145 10,145
COMPLEX.
024 MISSION PLANNING SYSTEMS 14,508 14,508 14,508 14,508
026 INTEGRATED STRAT PLAN & 9,901 9,901 9,901 9,901
ANALY NETWORK (ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 158,361 178,361 178,361
SECURITY SYSTEM.
Program reduction... [-20,000]
032 COMBAT TRAINING RANGES.. 233,993 2 247,593 4 261,993 4 28,000 4 261,993
Joint threat emitter [2] [13,600]
increase.
Joint threat [4] [28,000] [4] [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA SURVEILLANCE 80,818 47,929 80,818 -38,700 42,118
(WAS).
Program decrease.... [-12,889] [-38,700]
Program decrease-- [-20,000]
realignment to RDAF-
155.
035 C3 COUNTERMEASURES...... 25,036 25,036 25,036 25,036
036 INTEGRATED PERSONNEL AND 20,900 15,693 -20,900
PAY SYSTEM.
Poor agile [-20,900] [-20,900]
implementation.
Program decrease.... [-5,207]
037 GCSS-AF FOS............. 11,226 11,226 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337 6,337 6,337
SYSTEM.
041 AIR & SPACE OPERATIONS 33,243 33,243 33,243 33,243
CENTER (AOC).
AIR FORCE COMMUNICATIONS
043 BASE INFORMATION TRANSPT 69,530 59,530 69,530 -7,250 62,280
INFRAST (BITI) WIRED.
Program decrease.... [-10,000]
Restoring [-7,250]
acquisition
accountability.
044 AFNET................... 147,063 147,063 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505 6,505 6,505
SUPPORT ELEMENT (JCSE).
046 USCENTCOM............... 20,190 20,190 20,190 20,190
047 USSTRATCOM.............. 11,244 11,244 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E EQUIPMENT.. 143,757 143,757 143,757 143,757
050 RADIO EQUIPMENT......... 15,402 15,402 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211 3,211 3,211
EQUIPMENT.
052 BASE COMM INFRASTRUCTURE 43,123 43,123 43,123 43,123
MODIFICATIONS
053 COMM ELECT MODS......... 14,500 14,500 14,500 14,500
PERSONAL SAFETY & RESCUE
EQUIP
054 PERSONAL SAFETY AND 50,634 47,634 50,634 50,634
RESCUE EQUIPMENT.
Unit cost increase [-3,000]
and early to need.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT EQUIPMENT
057 BASE PROCURED EQUIPMENT. 23,963 23,963 23,963 23,963
058 ENGINEERING AND EOD 34,124 34,124 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT...... 26,439 26,439 26,439 26,439
060 FUELS SUPPORT EQUIPMENT 24,255 24,255 24,255 24,255
(FSE).
061 BASE MAINTENANCE AND 38,986 38,986 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT PROJECTS
063 DARP RC135.............. 26,716 55,716 26,716 26,716
Program increase.... [29,000]
064 DCGS-AF................. 116,055 116,055 116,055 116,055
066 SPECIAL UPDATE PROGRAM.. 835,148 835,148 835,148 835,148
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS..... 18,292,807 18,292,807 18,292,807 18,292,807
SPARES AND REPAIR PARTS
067 SPARES AND REPAIR PARTS. 81,340 81,340 81,340 81,340
TOTAL OTHER 21,342,857 2 21,286,277 4 21,349,957 4 -39,823 4 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA... 32 1,504 32 1,504 32 1,504 32 1,504
045 MAJOR EQUIPMENT, OSD.... 43,705 43,705 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133 133 -1,400 133
SECURITY PROGRAM (ISSP).
Realignment to DISA [-1,400] [-1,400]
for Sharkseer.
Sharkseer transfer.. [-1,400]
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS.... 507 507 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718 4,718 1,400 4,718
SECURITY.
Realignment for [1,400] [1,400]
Sharkseer.
Sharkseer transfer.. [1,400]
009 TELEPORT PROGRAM........ 25,103 25,103 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL SECURITY 88,000 83,000 88,000 88,000
STACKS (JRSS).
Program decrease.... [-5,000]
017 JOINT SERVICE PROVIDER.. 107,907 107,907 107,907 107,907
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT......... 8,122 8,122 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT......... 496 496 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS.... 6,905 6,905 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458 1,458 1,458
CYBER.
MAJOR EQUIPMENT, MISSILE
DEFENSE AGENCY
028 THAAD................... 37 425,863 37 425,863 -37,320 37 388,543
THAAD program [-37] [-425,863]
transfer to Army.
Unit cost savings... [-37,320]
029 GROUND BASED MIDCOURSE.. 9,471 9,471 9,471 9,471
031 AEGIS BMD............... 37 600,773 37 600,773 37 600,773 -35,399 37 565,374
SM-3 Block IB [-35,399]
multiyear unit cost
savings.
032 AEGIS BMD............... 96,995 96,995 96,995 96,995
033 BMDS AN/TPY-2 RADARS.... 10,046 10,046 10,046 10,046
034 ARROW 3 UPPER TIER 1 55,000 1 55,000 1 55,000 1 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 1 50,000 1 50,000 1 50,000 1 50,000
MISSILE DEFENSE (SRBMD).
036 AEGIS ASHORE PHASE III.. 1 25,659 1 25,659 1 25,659 1 25,659
037 IRON DOME............... 1 95,000 1 95,000 1 95,000 1 95,000
038 AEGIS BMD HARDWARE AND 36 124,986 36 124,986 36 124,986 36 124,986
SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL ADMINISTRATION 5,030 5,030 5,030 5,030
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
025 VEHICLES................ 211 211 211 211
026 OTHER MAJOR EQUIPMENT... 11,521 11,521 11,521 11,521
MAJOR EQUIPMENT, DODEA
021 AUTOMATION/EDUCATIONAL 1,320 1,320 1,320 1,320
SUPPORT & LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT......... 2,432 2,432 2,432 2,432
MAJOR EQUIPMENT, DMACT
020 MAJOR EQUIPMENT......... 10,961 10,961 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS..... 589,366 589,366 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES AND 172,020 172,020 172,020 172,020
SUSTAINMENT.
054 UNMANNED ISR............ 15,208 15,208 15,208 15,208
055 NON-STANDARD AVIATION... 32,310 32,310 32,310 32,310
056 U-28.................... 10,898 10,898 10,898 10,898
057 MH-47 CHINOOK........... 173,812 170,312 173,812 173,812
Excess growth....... [-3,500]
058 CV-22 MODIFICATION...... 17,256 17,256 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338 5,338 5,338
VEHICLE.
060 PRECISION STRIKE PACKAGE 232,930 232,930 232,930 232,930
061 AC/MC-130J.............. 173,419 153,119 164,619 -8,400 165,019
Realignment to [-8,800]
Future Vertical Lift.
RFCM excess to need. [-3,000]
RFCM realignment to [-8,500] [-8,400]
RDAF FVL.
RFCM schedule delay. [-8,800]
062 C-130 MODIFICATIONS..... 15,582 15,582 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS...... 58,991 58,991 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M..... 279,992 279,992 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS.... 100,641 100,641 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522 12,522 12,522
GROUND/SURFACE SYSTEMS.
067 OTHER ITEMS <$5M........ 103,910 103,910 103,910 103,910
068 COMBATANT CRAFT SYSTEMS. 33,088 33,088 33,088 33,088
069 SPECIAL PROGRAMS........ 63,467 63,467 63,467 63,467
070 TACTICAL VEHICLES....... 77,832 77,832 77,832 77,832
071 WARRIOR SYSTEMS <$5M.... 298,480 298,480 298,480 298,480
072 COMBAT MISSION 19,702 19,702 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787 4,787 4,787
SURVEILLANCE ACTIVITIES.
074 OPERATIONAL ENHANCEMENTS 8,175 8,175 8,175 8,175
INTELLIGENCE.
075 OPERATIONAL ENHANCEMENTS 282,532 282,532 282,532 282,532
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406 162,406 162,406
SITUATIONAL AWARENESS.
077 CB PROTECTION & HAZARD 188,188 188,188 188,188 -4,570 183,618
MITIGATION.
Unjustified growth.. [-4,570]
TOTAL PROCUREMENT, 146 5,114,416 146 5,085,616 109 4,679,753 -85,689 146 5,028,727
DEFENSE-WIDE.
JOINT URGENT OPERATIONAL
NEEDS FUND
JOINT URGENT OPERATIONAL
NEEDS FUND
001 JOINT URGENT OPERATIONAL 99,200 99,200 -99,200
NEEDS FUND.
Program decrease.... [-99,200] [-99,200]
TOTAL JOINT URGENT 99,200 99,200 -99,200
OPERATIONAL NEEDS
FUND.
TOTAL PROCUREMENT.. 73,342 132,343,701 73,275 130,640,508 73,394 135,071,365 41 756,564 73,383 133,100,265
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -------------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV................ 6 54,000 6 54,000 6 54,000 6 54,000
ROTARY
015 CH-47 HELICOPTER........ 25,000 25,000 25,000 25,000
MODIFICATION OF AIRCRAFT
021 MULTI SENSOR ABN RECON 80,260 80,260 80,260 80,260
(MIP).
024 GRCS SEMA MODS (MIP).... 750 750 750 750
026 EMARSS SEMA MODS (MIP).. 22,180 22,180 22,180 22,180
027 UTILITY/CARGO AIRPLANE 8,362 8,362 8,362 8,362
MODS.
029 NETWORK AND MISSION PLAN 10 10 10 10
031 DEGRADED VISUAL 49,450 49,450 49,450
ENVIRONMENT.
Early to need....... [-49,450]
GROUND SUPPORT AVIONICS
037 CMWS.................... 130,219 130,219 130,219 130,219
038 COMMON INFRARED 9,310 9,310 9,310 9,310
COUNTERMEASURES (CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED MISSILE: 12 2,000 12 2,000 12 2,000 12 2,000
LONGBOW HELLFIRE XM2.
TOTAL AIRCRAFT 18 381,541 18 332,091 18 381,541 18 381,541
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR MISSILE
SYSTEM
002 M-SHORAD--PROCUREMENT... 27 158,300 27 158,300 27 158,300 27 158,300
003 MSE MISSILE............. 9 37,938 9 37,938 9 37,938 9 37,938
AIR-TO-SURFACE MISSILE
SYSTEM
006 HELLFIRE SYS SUMMARY.... 3,242 236,265 3,242 236,265 3,242 236,265 3,242 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) SYSTEM 25 4,389 25 4,389 25 4,389 25 4,389
SUMMARY.
011 GUIDED MLRS ROCKET 3,364 431,596 3,364 431,596 3,364 431,596 3,364 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 94 130,770 94 130,770 94 130,770 94 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE AERIAL 1,835 83,300 1,835 83,300 1,835 83,300 1,835 83,300
MISSILE SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS............ 7,500 7,500 7,500 7,500
022 MLRS MODS............... 348,000 325,000 348,000 -11,500 336,500
Excess to need...... [-23,000] [-11,500]
TOTAL MISSILE 8,596 1,438,058 8,596 1,415,058 8,596 1,438,058 -11,500 8,596 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT VEHICLES
002 ARMORED MULTI PURPOSE 66 221,638 66 221,638 66 221,638 66 221,638
VEHICLE (AMPV).
MODIFICATION OF TRACKED
COMBAT VEHICLES
003 STRYKER (MOD)........... 4,100 4,100 4,100 4,100
008 IMPROVED RECOVERY 16 80,146 16 80,146 16 80,146 16 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD).... 13,100 13,100 13,100 13,100
WEAPONS & OTHER COMBAT
VEHICLES
015 M240 MEDIUM MACHINE GUN 900 900 900 900
(7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400 2,400 2,400
ANTI-PERSONNEL WEAPONS.
019 MORTAR SYSTEMS.......... 18,941 18,941 18,941 18,941
020 XM320 GRENADE LAUNCHER 526 526 526 526
MODULE (GLM).
023 CARBINE................. 1,183 1,183 1,183 1,183
025 COMMON REMOTELY OPERATED 4,182 4,182 4,182 4,182
WEAPONS STATION.
026 HANDGUN................. 248 248 248 248
MOD OF WEAPONS AND OTHER
COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 82 353,454 82 353,454 82 353,454 82 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL TYPES.. 567 567 567 567
002 CTG, 7.62MM, ALL TYPES.. 40 40 40 40
003 CTG, HANDGUN, ALL TYPES. 17 17 17 17
004 CTG, .50 CAL, ALL TYPES. 189 189 189 189
007 CTG, 30MM, ALL TYPES.... 24,900 24,900 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 304 36,052 304 36,052 304 36,052 304 36,052
RANGE M982.
016 ARTILLERY PROPELLANTS, 7,271 7,271 7,271 7,271
FUZES AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 304 148,682 304 148,682 304 148,682 304 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY TACTICAL 26,917 26,917 26,917 26,917
VEHICLES (FHTV).
011 PLS ESP................. 16,941 16,941 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734 62,734 62,734
TACTICAL TRUCK EXT SERV.
014 TACTICAL WHEELED VEHICLE 50,000 50,000 50,000 50,000
PROTECTION KITS.
015 MODIFICATION OF IN SVC 28,000 28,000 28,000 28,000
EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000 40,000 40,000
TECHNOLOGY MOD IN SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE TACTICAL 6,930 6,930 6,930 6,930
COMMAND COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778 11,778 11,778
NAVIGATION AND TIMING.
032 SMART-T (SPACE)......... 825 825 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, MIDS 350 350 350 350
LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM FOR 1,231 1,231 1,231 1,231
COMBAT CASUALTY CARE.
COMM--INTELLIGENCE COMM
051 CI AUTOMATION 6,200 6,200 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 15,482 20,482 20,482
COMMUNICATIONS.
Insufficient budget [-5,000]
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS..... 55,800 50,800 55,800 55,800
Unjustified growth.. [-5,000]
063 INSTALLATION INFO 75,820 75,820 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)............ 38,613 38,613 38,613 38,613
070 TROJAN (MIP)............ 1,337 1,337 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--ELECTRONIC
WARFARE (EW)
082 FAMILY OF PERSISTENT 71,493 31,493 71,493 -40,000 31,493
SURVEILLANCE CAP. (MIP).
Unjustified growth.. [-40,000] [-40,000]
083 COUNTERINTELLIGENCE/ 6,917 6,917 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........... 20,000 20,000 20,000 20,000
086 NIGHT VISION DEVICES.... 3,676 3,676 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL C2
SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331 14,331 14,331
PLANNING & CONTROL SYS.
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING 6,014 6,014 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 47,110 47,110 -7,126 39,984
(BDS).
Unjustified growth.. [-7,126]
126 CBRN DEFENSE............ 18,711 18,711 18,711 -1,250 17,461
Unit cost [-1,250]
discrepancies.
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING....... 4,884 4,884 4,884 4,884
ENGINEER (NON-
CONSTRUCTION) EQUIPMENT
133 GRND STANDOFF MINE 4,500 4,500 4,500 -845 3,655
DETECTN SYSM (GSTAMIDS).
Program reduction... [-845]
135 HUSKY MOUNTED DETECTION 34,253 34,253 34,253 -6,182 28,071
SYSTEM (HMDS).
Program reduction... [-6,182]
136 ROBOTIC COMBAT SUPPORT 3,300 3,300 3,300 3,300
SYSTEM (RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000 84,000 84,000
OUTFITS.
COMBAT SERVICE SUPPORT
EQUIPMENT
143 HEATERS AND ECU'S....... 8 8 8 8
145 PERSONNEL RECOVERY 5,101 5,101 5,101 5,101
SUPPORT SYSTEM (PRSS).
146 GROUND SOLDIER SYSTEM... 1,760 1,760 1,760 1,760
148 FORCE PROVIDER.......... 56,400 56,400 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL.. 2,735 2,735 2,735 2,735
CONSTRUCTION EQUIPMENT
159 SCRAPERS, EARTHMOVING... 4,669 4,669 4,669 4,669
160 LOADERS................. 380 380 380 380
162 TRACTOR, FULL TRACKED... 8,225 8,225 8,225 8,225
164 HIGH MOBILITY ENGINEER 3,000 3,000 3,000 3,000
EXCAVATOR (HMEE).
166 CONST EQUIP ESP......... 3,870 3,870 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS..... 5,152 5,152 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395 1,395 1,395
TEST EQUIPMENT (IFTE).
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER 24,122 24,122 24,122 24,122
SUPPORT EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN-SVC 33,354 33,354 33,354 33,354
EQUIPMENT (OPA-3).
189 BUILDING, PRE-FAB, 62,654 62,654 62,654 62,654
RELOCATABLE.
TOTAL OTHER PROCUREMENT, 1,131,450 1,081,450 1,131,450 -55,403 1,076,047
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV............. 7,921 7,921 7,921 7,921
027 MQ-9A REAPER............ 3 77,000 3 77,000 3 77,000
Unjustified OCO [-3] [-77,000]
request.
MODIFICATION OF AIRCRAFT
036 EP-3 SERIES............. 5,488 5,488 5,488 5,488
046 SPECIAL PROJECT AIRCRAFT 3,498 3,498 3,498 3,498
051 COMMON ECM EQUIPMENT.... 3,406 3,406 3,406 3,406
053 COMMON DEFENSIVE WEAPON 3,274 3,274 3,274 3,274
SYSTEM.
062 QRC..................... 18,458 18,458 18,458 18,458
TOTAL AIRCRAFT 3 119,045 42,045 3 119,045 3 119,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND MISSILE 382 90,966 382 90,966 382 90,966 382 90,966
(JAGM).
015 AERIAL TARGETS.......... 6,500 6,500 6,500 6,500
TOTAL WEAPONS 382 97,466 382 97,466 382 97,466 382 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS... 26,978 26,978 26,978 26,978
002 JDAM.................... 544 12,263 544 12,263 544 12,263 544 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020 45,020 45,020
TYPES.
004 MACHINE GUN AMMUNITION.. 33,577 33,577 33,577 33,577
005 PRACTICE BOMBS.......... 11,903 11,903 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537 537 537
DEMOLITION.
MARINE CORPS AMMUNITION
016 MORTARS................. 1,930 1,930 1,930 1,930
017 DIRECT SUPPORT MUNITIONS 1,172 1,172 1,172 1,172
018 INFANTRY WEAPONS 2,158 2,158 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT MUNITIONS 965 965 965 965
021 ARTILLERY MUNITIONS..... 32,047 32,047 32,047 32,047
TOTAL PROCUREMENT OF 544 204,814 544 204,814 544 204,814 544 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD PROGRAMS. 5,800 5,800 5,800 5,800
ASW ELECTRONIC EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES.... 2,910 2,910 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500 500 500
EQUIPMENT.
OTHER ORDNANCE SUPPORT
EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173 173 173
VEHICLES.
109 GENERAL PURPOSE TRUCKS.. 408 408 408 408
111 FIRE FIGHTING EQUIPMENT. 785 785 785 785
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT........ 100 100 100 100
118 FIRST DESTINATION 510 510 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES SUPPORT 1,090 1,090 1,090 1,090
EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300 1,300 1,300
EQUIPMENT.
TOTAL OTHER PROCUREMENT, 357,600 357,600 357,600 357,600
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 130 16,919 130 16,919 130 16,919 130 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS............. 3,670 3,670 3,670 3,670
TOTAL PROCUREMENT, 130 20,589 130 20,589 130 20,589 130 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9.................... 9 172,240 9 172,240 9 172,240 9 172,240
018 RQ-20B PUMA............. 18 12,150 18 12,150 18 12,150 18 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT INFRARED 53,335 53,335 53,335 53,335
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS....... 19,800 19,800 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560 44,560 44,560
PARTS.
COMMON SUPPORT EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 27 309,110 27 309,110 27 309,110 27 309,110
PROCUREMENT, AIR FORCE.
MISSILE PROCUREMENT, AIR
FORCE
TACTICAL
004 JOINT AIR-SURFACE 19 20,900 19 20,900 19 20,900 19 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 2,328 180,771 2,328 180,771 2,328 180,771 2,328 180,771
MISSILE.
TOTAL MISSILE 2,347 201,671 2,347 201,671 2,347 201,671 2,347 201,671
PROCUREMENT, AIR FORCE.
PROCUREMENT OF
AMMUNITION, AIR FORCE
ROCKETS
001 ROCKETS................. 84,960 84,960 84,960 84,960
CARTRIDGES
002 CARTRIDGES.............. 52,642 52,642 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS... 545,309 545,309 545,309 545,309
FLARES
015 FLARES.................. 93,272 93,272 93,272 93,272
FUZES
016 FUZES................... 157,155 157,155 157,155 157,155
SMALL ARMS
017 SMALL ARMS.............. 6,095 6,095 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433 939,433 939,433
AMMUNITION, AIR FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702 9,702 9,702
VEHICLES.
SPECIAL PURPOSE VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE VEHICLES 52,502 52,502 52,502 52,502
FIRE FIGHTING EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944 2,944 2,944
VEHICLES.
BASE MAINTENANCE SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE SUPPORT 11,837 11,837 11,837 11,837
VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E EQUIPMENT.. 306 306 306 306
052 BASE COMM INFRASTRUCTURE 4,300 4,300 4,300 4,300
PERSONAL SAFETY & RESCUE
EQUIP
054 PERSONAL SAFETY AND 22,200 22,200 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT EQUIPMENT
059 MOBILITY EQUIPMENT...... 26,535 26,535 26,535 26,535
060 FUELS SUPPORT EQUIPMENT 4,040 4,040 4,040 4,040
(FSE).
061 BASE MAINTENANCE AND 20,067 20,067 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS..... 3,209,066 3,209,066 3,209,066 3,209,066
TOTAL OTHER PROCUREMENT, 3,538,098 3,538,098 3,538,098 3,538,098
AIR FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM........ 3,800 3,800 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT, DEFENSE
THREAT REDUCTION AGENCY
027 COUNTER IED & IMPROVISED 4,590 4,590 4,590 4,590
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS..... 51,380 51,380 51,380 -5,000 46,380
Program decrease.... [-5,000]
AVIATION PROGRAMS
050 MANNED ISR.............. 5,000 5,000 5,000 5,000
051 MC-12................... 5,000 5,000 5,000 5,000
052 MH-60 BLACKHAWK......... 28,100 28,100 28,100 28,100
054 UNMANNED ISR............ 8,207 8,207 8,207 8,207
056 U-28.................... 31,500 31,500 31,500 31,500
057 MH-47 CHINOOK........... 37,500 34,500 37,500 37,500
Excess growth....... [-3,000]
059 MQ-9 UNMANNED AERIAL 1,900 1,900 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M..... 138,252 138,252 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS.... 16,500 16,500 16,500 16,500
067 OTHER ITEMS <$5M........ 28 28 28 28
070 TACTICAL VEHICLES....... 2,990 2,990 2,990 2,990
071 WARRIOR SYSTEMS <$5M.... 37,512 37,512 37,512 37,512
072 COMBAT MISSION 10,000 10,000 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL ENHANCEMENTS 7,594 7,594 7,594 7,594
INTELLIGENCE.
075 OPERATIONAL ENHANCEMENTS 45,194 45,194 45,194 45,194
TOTAL PROCUREMENT, 447,047 444,047 447,047 -5,000 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........... 415,000 265,000 265,000
Program increase.... [415,000] [265,000]
TOTAL NATIONAL GUARD AND 415,000 265,000 265,000
RESERVE EQUIPMENT.
TOTAL PROCUREMENT....... 12,433 9,688,058 12,430 9,900,608 12,433 9,688,058 193,097 12,433 9,881,155
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Request House Authorized Senate Authorized Conference Change Conference Authorized
Line Item -----------------------------------------------------------------------------------------------------------------------------------------------
Qty Cost Qty Cost Qty Cost Qty Cost Qty Cost
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
OTHER PROCUREMENT, NAVY
COMMAND SUPPORT EQUIPMENT
122 COMMAND SUPPORT EQUIPMENT 0 233,000 233,000
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, NAVY.. 233,000 233,000
AIRCRAFT PROCUREMENT, AIR
FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135................... 0 204,448 204,448
Equipment replacement [204,448]
COMMON SUPPORT EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000 46,000
SUPPORT EQUIP.
Equipment replacement [46,000]
TOTAL AIRCRAFT 0 250,448 250,448
PROCUREMENT, AIR FORCE.
OTHER PROCUREMENT, AIR
FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994 994
VEHICLES.
Equipment replacement [994]
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126 126
VEHICLES.
Equipment replacement [126]
SPECIAL PURPOSE VEHICLES
007 SPECIAL PURPOSE VEHICLES. 0 306 306
Equipment replacement [306]
FIRE FIGHTING EQUIPMENT
009 MATERIALS HANDLING 0 276 276
VEHICLES.
Equipment replacement [994]
BASE MAINTENANCE SUPPORT
011 BASE MAINTENANCE SUPPORT 0 2,400 2,400
VEHICLES.
Equipment replacement [994]
BASE SUPPORT EQUIPMENT
057 BASE PROCURED EQUIPMENT.. 0 49,434 49,434
Equipment replacement [49,434]
SPECIAL SUPPORT PROJECTS
063 DARP RC135............... 0 29,438 29,438
Equipment replacement [29,438]
TOTAL OTHER PROCUREMENT, 0 82,974 82,974
AIR FORCE.
TOTAL PROCUREMENT........ 0 566,422 566,422
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES....... 297,976 297,976 302,976 10,000 307,976
................................. Counter UAS University [5,000] [5,000]
Research.
................................. Cyber basic research........ [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES. 65,858 80,858 65,858 10,000 75,858
................................. Base infrastructure [5,000]
longevity and resilience.
................................. Program increase............ [10,000] [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 103,164 88,164 9,000 95,164
CENTERS.
................................. 3D printing................. [2,000]
................................. Program increase............ [12,000]
................................. Program increase--artificial [5,000]
intelligence.
................................. Program increase--military [5,000]
medical innovation.
................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982 9,982 4,982
ALLIANCE.
................................. Cyber basic research........ [5,000]
................................. SUBTOTAL BASIC RESEARCH...... 454,980 486,980 466,980 29,000 483,980
.................................
................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY............ 26,961 26,961 26,961 5,000 31,961
................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH........... 25,319 25,319 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY.... 115,274 125,274 118,274 13,000 128,274
................................. Expeditionary mobile base [5,000] [5,000]
camp technology.
................................. HEROES program.............. [5,000] [5,000]
................................. UPL MDTF for INDOPACOM...... [3,000] [3,000]
013 0602144A GROUND TECHNOLOGY............... 35,199 45,199 41,699 19,000 54,199
................................. Advanced materials [2,000] [2,000]
manufacturing process.
................................. Biopolymer structural [2,000] [2,000]
materials.
................................. Cellulose structural [2,500] [5,000]
materials.
................................. High performance polymers [5,000] [5,000]
research.
................................. Manufacturing research [5,000] [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047 234,047 6,000 225,047
TECHNOLOGY.
................................. Structural thermoplastics... [6,000] [6,000]
................................. Support operational energy [15,000]
development and testing.
015 0602146A NETWORK C3I TECHNOLOGY.......... 114,516 120,016 114,516 2,500 117,016
................................. Assured PNT lab............. [3,000]
................................. Next generation SAR small [2,500] [2,500]
sat.
016 0602147A LONG RANGE PRECISION FIRES 74,327 79,327 86,327 12,000 86,327
TECHNOLOGY.
................................. Composite tube and [10,000] [10,000]
propulsion technology.
................................. NextGen propulsion cycle [5,000]
artillery range extension.
................................. Novel printed armament [2,000] [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY. 93,601 96,601 93,601 3,000 96,601
................................. Program increase............ [3,000] [3,000]
018 0602150A AIR AND MISSILE DEFENSE 50,771 50,771 50,771 50,771
TECHNOLOGY.
020 0602213A C3I APPLIED CYBER............... 18,947 18,947 23,947 18,947
................................. Cyber research.............. [5,000]
023 0602307A ADVANCED WEAPONS TECHNOLOGY..... 5,000
................................. Directed energy test range [5,000]
workloads.
037 0602784A MILITARY ENGINEERING TECHNOLOGY. 5,000
................................. Cellulose nanocomposites [5,000]
research.
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY.............. 99,155 106,955 102,155 9,800 108,955
................................. Female warfighter [3,000] [2,000]
performance research.
................................. Musculoskeletal injury [4,800]
prevention research.
................................. Musculoskeletal injury risk [4,800]
mitigation.
................................. Program increase............ [3,000] [3,000]
................................. SUBTOTAL APPLIED RESEARCH.... 893,990 951,290 938,490 70,300 964,290
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
041 0603001A WARFIGHTER ADVANCED TECHNOLOGY.. 5,000
................................. Expeditionary maneuver [5,000]
support technologies.
042 0603002A MEDICAL ADVANCED TECHNOLOGY..... 42,030 42,030 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468 118,468 10,000 128,468
TECHNOLOGY.
................................. Improvement of combat helmet [5,000] [5,000]
suspension systems.
................................. Thermal mitigation [5,000] [5,000]
technologies.
052 0603119A GROUND ADVANCED TECHNOLOGY...... 12,593 17,593 32,593 23,000 35,593
................................. 100 hour battery............ [10,000] [10,000]
................................. Computational manufacturing [2,000]
engineering.
................................. Ground advanced technology [5,000] [5,000]
for cold regions.
................................. Lightweight protective and [3,000] [3,000]
hardening materials.
................................. Robotic construction [5,000] [5,000]
research.
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.. 13,769 13,769 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755 184,755 40,000 224,755
MODERNIZATION PROGRAM.
................................. Program increase............ [40,000] [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 170,035 185,035 14,000 174,035
ADVANCED TECHNOLOGY.
................................. Ground vehicle sustainment [5,000] [4,000]
research.
................................. Hydrogen fuel cell [20,000]
propulsion & autonomous
driving controls.
................................. Program increase--hydrogen [10,000] [10,000]
fuel cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY. 106,899 103,899 106,899 -3,000 103,899
................................. Underexecution.............. [-3,000] [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 179,386 178,386 9,000 183,386
ADVANCED TECHNOLOGY.
................................. Hypersonics research........ [4,000] [4,000]
................................. Program increase missile [5,000] [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 146,640 151,640 151,640
TECHNOLOGY.
................................. Excess to need.............. [-5,000]
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613 60,613 60,613
TECHNOLOGY.
................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,166,564 1,148,564 93,000 1,192,564
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 30,987 10,987 8,000 18,987
INTEGRATION.
................................. Conventional mission [10,000] [8,000]
capabilities.
................................. System lab integration [10,000]
improvements.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER-- 92,915 92,915 92,915 92,915
ADV DEV.
077 0603639A TANK AND MEDIUM CALIBER 82,146 82,146 82,146 82,146
AMMUNITION.
078 0603645A ARMORED SYSTEM MODERNIZATION-- 157,656 157,656 157,656 157,656
ADV DEV.
079 0603747A SOLDIER SUPPORT AND 6,514 6,514 6,514 6,514
SURVIVABILITY.
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 37,890 34,890 34,890
SYSTEM--ADV DEV.
................................. Mobile ground terminal...... [3,000]
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 206,011 251,011 -28,220 222,791
DEVELOPMENT.
................................. IVAS insufficient [-45,000] [-28,220]
justification.
082 0603779A ENVIRONMENTAL QUALITY 15,132 15,132 15,132 15,132
TECHNOLOGY--DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT... 5,406 5,406 5,406 5,406
084 0603801A AVIATION--ADV DEV............... 459,290 443,340 534,890 75,600 534,890
................................. Early to need............... [-15,950]
................................. Program increase: Future [75,600]
long-range assault aircraft.
................................. UPL FVL CS3 program increase [75,600]
085 0603804A LOGISTICS AND ENGINEER 6,254 6,254 6,254 6,254
EQUIPMENT--ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV........ 31,175 31,175 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT............ 115,222 115,222 115,222 -27,000 88,222
................................. Early to need............... [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES........ 10,023 10,023 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED 40,745 40,745 40,745 -5,000 35,745
AIRCRAFT SYSTEM (FTUAS).
................................. Program adjustment.......... [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 427,772 427,772 -48,000 379,772
(LTAMD) SENSOR.
................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION 196,676 161,676 196,676 -35,000 161,676
INITIATIVES.
................................. Insufficient schedule detail [-35,000] [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR 33,100 29,100 33,100 -3,700 29,400
DEFENSE (M-SHORAD).
................................. Excess testing cost......... [-4,000] [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 105,116 115,116 -11,785 103,331
DEVELOPMENT & PROTOTYPING.
................................. Early to need............... [-10,000] [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761 136,761 -25,000 111,761
REFINEMENT & PROTOTYPING.
................................. Early to need (IVAS)........ [-25,000] [-25,000]
100 0604182A HYPERSONICS..................... 228,000 259,000 358,610 161,610 389,610
................................. Transfer from RDTE Defense- [31,000] [31,000]
Wide, line 124.
................................. UPL accelerate Hypersonic [130,610] [130,610]
Weapons System.
102 0604403A FUTURE INTERCEPTOR.............. 8,000 8,000 8,000 -8,000
................................. Early to need............... [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT....... 39,600 30,600 39,600 -9,900 29,700
................................. Early to need............... [-9,000] [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE..... 20,000 20,000 -10,000 10,000
................................. Program decrease............ [-20,000] [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062 192,562 -42,500 150,062
AND TIMING (PNT).
................................. Project cancellation........ [-42,500] [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.. 104,996 54,996 104,996 104,996
................................. Program delay............... [-50,000]
................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,726,905 3,135,565 -8,895 2,920,460
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS............... 29,164 29,164 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.. 70,539 70,539 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS........ 106,121 125,321 126,021 106,121
................................. Army unfunded priority--NGSW [19,200]
program increase.
................................. UPL Next Generation Squad [19,900]
Weapon--Automatic Rifle.
114 0604604A MEDIUM TACTICAL VEHICLES........ 2,152 2,152 2,152 2,152
115 0604611A JAVELIN......................... 17,897 16,397 17,897 -1,842 16,055
................................. Qualification testing early [-1,500] [-1,842]
to need.
116 0604622A FAMILY OF HEAVY TACTICAL 16,745 16,745 16,745 16,745
VEHICLES.
117 0604633A AIR TRAFFIC CONTROL............. 6,989 6,989 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES. 10,465 10,465 10,465 -7,500 2,965
................................. Program reduction........... [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 295,152 310,152 -16,188 293,964
(ASM)--ENG DEV.
................................. Program delay............... [-15,000] [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV... 181,732 166,732 181,732 -15,000 166,732
................................. Insufficient justification [-15,000] [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 38,502 43,502 43,502
INTELLIGENCE--ENG DEV.
................................. Historical underexecution... [-5,000]
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000 25,000 -5,000 20,000
(BAT).
................................. PFAL excess................. [-5,000] [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION 42,634 38,634 42,634 -4,331 38,303
AND EVALUATION.
................................. RCO support excess.......... [-4,000] [-4,331]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.. 181,023 181,023 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER 103,226 103,226 103,226 103,226
EQUIPMENT--ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--
ENG DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG 39,208 39,208 39,208 39,208
DEV.
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137 140,637 -2,500 138,137
HARDWARE & SOFTWARE.
................................. CPI2 testing previously [-2,500] [-2,500]
funded.
136 0604820A RADAR DEVELOPMENT............... 105,243 105,243 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 41,683 46,683 46,683
SYSTEM (GFEBS).
................................. Program decrease............ [-5,000]
138 0604823A FIREFINDER...................... 17,294 17,294 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL 5,803 4,803 5,803 5,803
................................. Historical underexecution... [-1,000]
140 0604852A SUITE OF SURVIVABILITY 98,698 128,698 98,698 20,000 118,698
ENHANCEMENT SYSTEMS--EMD.
................................. Program increase for vehicle [30,000] [30,000]
active protection system
evaluation.
................................. Program reduction........... [-10,000]
141 0604854A ARTILLERY SYSTEMS--EMD.......... 15,832 10,832 15,832 15,832
................................. Mobile howitzer testing [-5,000]
early to need.
142 0605013A INFORMATION TECHNOLOGY 126,537 126,537 126,537 -55,000 71,537
DEVELOPMENT.
................................. Historical underexecution... [-10,000]
................................. Program decrease............ [-45,000]
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 94,773 -50,700 92,073
SYSTEM-ARMY (IPPS-A).
................................. Poor business process [-142,773] [-50,700]
reengineering.
................................. Program decrease............ [-48,000]
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 96,730 96,730 -4,600 92,130
(AMPV).
................................. Program reduction........... [-4,600]
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699 6,699 6,699
SURVEILLANCE RESPONSE
CAPABILITY (IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN).... 40,808 40,808 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).. 6,928 6,928 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 62,262 62,262 62,262 -16,600 45,662
................................. Contract delays............. [-10,000]
................................. Excess growth............... [-6,600]
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 28,654 35,654 -6,400 29,254
(LOW-TIER).
................................. Excess growth............... [-7,000] [-6,400]
157 0605047A CONTRACT WRITING SYSTEM......... 19,682 19,682 19,682
................................. Program duplication......... [-19,682]
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY 64,557 64,557 64,557 64,557
DEVELOPMENT.
160 0605052A INDIRECT FIRE PROTECTION 243,228 243,228 149,628 -6,800 236,428
CAPABILITY INC 2--BLOCK 1.
................................. EMAM development ahead of [-124,200] [-6,800]
need.
................................. Iron Dome testing and [20,600]
delivery.
................................. UPL Multi-Domain Artillery.. [10,000]
161 0605053A GROUND ROBOTICS................. 41,308 41,308 28,508 -12,800 28,508
................................. Army requested realignment.. [-12,800]
................................. Excess to requirement....... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES. 45,896 41,896 45,896 -14,280 31,616
................................. Testing and evaluation [-4,000] [-4,280]
excess growth.
................................. Unjustified request......... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE 9,500 9,500 9,500 9,500
(JAGM).
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 203,938 208,938 -15,000 193,938
DEFENSE (AIAMD).
................................. Testing and evaluation [-5,000] [-15,000]
excess growth.
167 0605625A MANNED GROUND VEHICLE........... 378,400 378,400 418,400 -150,000 228,400
................................. Program decrease............ [-150,000]
................................. UPL NGCV 50mm gun........... [40,000]
168 0605766A NATIONAL CAPABILITIES 7,835 9,835 7,835 7,835
INTEGRATION (MIP).
................................. Mobile ground terminal...... [2,000]
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232 7,232 4,500 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
................................. Army requested realignment.. [4,500]
................................. Army requested realignment [4,500] [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT 1,664 1,664 1,664 1,664
EQUIPMENT.
172 0303032A TROJAN--RH12.................... 3,936 3,936 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.. 19,675 19,675 19,675 19,675
................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,482,131 3,344,976 -360,041 3,189,390
DEMONSTRATION.
.................................
................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT.... 14,117 14,117 16,117 2,000 16,117
................................. Cybersecurity threat [2,000] [2,000]
simulation.
177 0604258A TARGET SYSTEMS DEVELOPMENT...... 8,327 8,327 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT............ 136,565 136,565 136,565 136,565
179 0605103A RAND ARROYO CENTER.............. 13,113 13,113 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL............ 238,691 226,691 238,691 238,691
................................. Program decrease............ [-12,000]
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM 42,922 42,922 42,922 -6,000 36,922
................................. Program reduction........... [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES. 334,468 334,468 349,468 334,468
................................. Directed energy test [15,000]
capabilities.
184 0605602A ARMY TECHNICAL TEST 46,974 51,974 46,974 5,000 51,974
INSTRUMENTATION AND TARGETS.
................................. Program increase--space and [5,000] [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS 35,075 35,075 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION.......... 3,461 3,461 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS....... 21,342 21,342 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS... 11,168 11,168 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.. 52,723 52,723 52,723 52,723
191 0605716A ARMY EVALUATION CENTER.......... 60,815 60,815 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES.......... 58,175 61,175 58,175 58,175
................................. Program increase for [3,000]
transition costs.
194 0605803A TECHNICAL INFORMATION ACTIVITIES 25,060 25,060 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 49,458 44,458 44,458
EFFECTIVENESS AND SAFETY.
................................. Advanced lightweight small [5,000]
arms and medium caliber
ammunition.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS 4,500 4,500 4,500 4,500
CYBER VULNERABILITIES.
................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625 1,303,625 1,000 1,287,625
SUPPORT.
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 22,877 17,877 22,877 -3,000 19,877
................................. HIMARS excess growth........ [-5,000] [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.. 8,491 8,491 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES 164,182 164,182 164,182 164,182
(LRPF).
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 174,371 174,371 -6,000 168,371
PROGRAM.
................................. Program reduction........... [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 4,545 4,545 -4,545
PROGRAM.
................................. Program reduction........... [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM. 206,434 206,434 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 14,221 24,221 -3,091 21,130
IMPROVEMENT AND DEVELOPMENT.
................................. Integrated munitions [-10,000] [-3,091]
launcher early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM 32,016 32,016 32,016 -6,500 25,516
UNIVERSAL PRODUCTS.
................................. Program reduction........... [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT....... 5,448 448 5,448 -5,000 448
................................. Unjustified request......... [-5,000] [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS............ 1,702 1,702 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT..... 96,430 96,430 96,430 -32,800 63,630
................................. Excess growth............... [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 324,463 334,463 -43,918 290,545
PROGRAMS.
................................. Early to need............... [-10,000] [-41,918]
................................. Program support excess [-2,000]
growth.
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 214,246 214,246 -21,500 192,746
IMPROVEMENTS.
................................. Program reduction........... [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 11,986 16,486 -2,708 13,778
IMPROVEMENT PROGRAMS.
................................. Excess to need.............. [-4,500] [-2,708]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION.................... 5,270 5,270 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287 1,287 1,287
IMPROVEMENT PROGRAM.
230 0203802A OTHER MISSILE PRODUCT 24,100
IMPROVEMENT PROGRAMS.
................................. UPL CD ATACMS............... [24,100]
234 0205412A ENVIRONMENTAL QUALITY 732 732 732 732
TECHNOLOGY--OPERATIONAL SYSTEM
DEV.
235 0205456A LOWER TIER AIR AND MISSILE 107,746 107,746 107,746 -8,000 99,746
DEFENSE (AMD) SYSTEM.
................................. Testing excess to need...... [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594 138,594 -10,000 128,594
SYSTEM (GMLRS).
................................. Testing excess to need...... [-10,000] [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM.... 68,976 58,976 68,976 -20,600 48,376
................................. Program decrease............ [-10,000] [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND 2,073 2,073 2,073 2,073
CONTROL SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE 459 459 459 459
(IBS).
246 0305204A TACTICAL UNMANNED AERIAL 5,097 5,097 5,097 5,097
VEHICLES.
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS. 11,177 11,177 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/ 38,121 38,121 38,121 38,121
SURFACE SYSTEMS.
250 0305232A RQ-11 UAV....................... 3,218 3,218 3,218 3,218
251 0305233A RQ-7 UAV........................ 7,817 7,817 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE. 2,000 2,000 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 64,848 62,848 8,000 67,848
ACTIVITIES.
................................. Nanoscale materials [3,000] [3,000]
manufacturing.
................................. Program increase--additive [5,000] [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT 34,169 34,169 34,169 34,169
(SPACE).
255 1208053A JOINT TACTICAL GROUND SYSTEM.... 10,275 10,275 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............. 7,273 7,273 7,273 7,273
................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,929,326 2,005,926 -159,662 1,819,164
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -49,500 27,100 -159,662 -159,662
.................................
................................. TOTAL RESEARCH, 12,192,771 12,030,821 12,344,126 -335,298 11,857,473
DEVELOPMENT, TEST & EVAL,
ARMY.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES. 116,850 136,850 131,850 30,000 146,850
................................. Advanced radar research..... [5,000] [5,000]
................................. Cyber basic research........ [10,000] [10,000]
................................. Defense University research [5,000] [5,000]
initiatives.
................................. Digital radar research...... [5,000]
................................. Program increase............ [10,000] [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES....... 470,007 470,007 470,007 470,007
................................. SUBTOTAL BASIC RESEARCH...... 605,978 625,978 620,978 30,000 635,978
.................................
................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED 18,546 25,546 18,546 7,000 25,546
RESEARCH.
................................. Hypersonic testing [7,000] [7,000]
facilities.
005 0602123N FORCE PROTECTION APPLIED 119,517 162,517 136,017 46,500 166,017
RESEARCH.
................................. Autonomous vehicle [10,000]
collaboration across
maritime domains.
................................. Carbon capture.............. [8,000] [8,000]
................................. Cyber-physical research..... [8,000]
................................. Electric propulsion research [2,500] [2,500]
................................. Energy resilience........... [5,000] [5,000]
................................. Energy resilience research.. [3,000] [3,000]
................................. Hybrid composite struct. [5,000] [5,000]
res. enhanced mobility.
................................. Navy power and energy [5,000] [5,000]
systems technology.
................................. Program increase............ [10,000] [10,000]
................................. Program reduction........... [-5,000]
................................. Test bed for autonomous ship [8,000] [8,000]
systems.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604 59,604 5,000 61,604
TECHNOLOGY.
................................. Interdisciplinary [3,000]
cybersecurity.
................................. Interdisciplinary [5,000] [5,000]
expeditionary cybersecurity
research.
007 0602235N COMMON PICTURE APPLIED RESEARCH. 49,297 49,297 44,297 -5,000 44,297
................................. Coordinate space activities. [-5,000] [-5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 68,825 65,825 63,825
RESEARCH.
................................. Warfighter safety and [5,000]
performance.
................................. Warfighter safety and [2,000]
performance research.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497 78,497 83,497
RESEARCH.
................................. Coordinate EW activities.... [-5,000]
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED 57,075 77,075 64,575 17,000 74,075
RESEARCH.
................................. Academic partnerships for [10,000] [7,500] [10,000]
undersea vehicle research.
................................. Resident autonomous undersea [10,000] [7,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES 154,755 154,755 154,755 154,755
APPLIED RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES 153,062 153,062 153,062 153,062
(INP) APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY 73,961 73,961 73,961 73,961
MANAGEMENT--ONR FIELD
ACITIVITIES.
................................. SUBTOTAL APPLIED RESEARCH.... 936,453 1,016,453 955,453 70,500 1,006,953
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847 176,847 5,000 177,847
DEMONSTRATION (ATD).
................................. Consolidate efforts in AI/ML [-5,000]
with Joint Force.
................................. Program increase--modular [5,000] [5,000]
advanced armed robotic
system.
................................. UPL MUDLAN program increase. [9,000]
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES 231,907 231,907 231,907 231,907
ADVANCED TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM 60,138 80,138 60,138 5,000 65,138
................................. Program increase............ [20,000] [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES 133,303 176,303 128,303 17,027 150,330
(INP) ADVANCED TECHNOLOGY
DEVELOPMENT.
................................. Electromagnetic railgun..... [20,350] [10,000]
................................. Funds excess to requirements [-7,973]
................................. Program increase............ [22,650] [15,000]
................................. Reduce electronic maneuver.. [-5,000]
................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 810,210 741,210 27,027 769,237
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS. 32,643 32,643 38,643 6,000 38,643
................................. Program increase for 1 REMUS [6,000] [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY.......... 11,919 11,919 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS................ 1,473 1,473 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT......... 7,172 7,172 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,419 3,419 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS 64,694 64,694 64,694 64,694
TECHNOLOGY.
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 312,200 134,500 -196,500 310,500
COUNTERMEASURES.
................................. Excess procurement ahead of [-372,500]
satisfactory testing.
................................. LUSV Design Contracts early [-29,100]
to need.
................................. LUSV GFE early to need...... [-79,200]
................................. LUSV program decrease....... [-43,000]
................................. MUSV program increase....... [43,000]
................................. Reduce one LUSV............. [-86,500] [-86,500]
................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE.... 15,800 15,800 15,800 -8,558 7,242
................................. Excess sundown costs........ [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT..... 4,997 4,997 4,997 4,997
037 0603525N PILOT FISH...................... 291,148 291,148 291,148 -104,820 186,328
................................. Program adjustment.......... [-104,820]
038 0603527N RETRACT LARCH................... 11,980 11,980 11,980 11,980
039 0603536N RETRACT JUNIPER................. 129,163 129,163 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL............ 689 689 689 689
041 0603553N SURFACE ASW..................... 1,137 1,137 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 148,756 153,756 -28,710 120,046
DEVELOPMENT.
................................. Program decrease............ [-19,000]
................................. Project 2033: Test site [5,000]
emergent repairs.
................................. Project 9710: Unjustified [-9,710]
new start.
043 0603562N SUBMARINE TACTICAL WARFARE 11,192 11,192 11,192 11,192
SYSTEMS.
044 0603563N SHIP CONCEPT ADVANCED DESIGN.... 81,846 67,846 57,846 -24,000 57,846
................................. Early to need............... [-24,000]
................................. Future surface combatant [-24,000] [-24,000]
concept development.
................................. Program increase............ [5,000]
................................. Program increase--moving [5,000]
target defense.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 59,084 22,484 -46,500 22,584
FEASIBILITY STUDIES.
................................. Early to need............... [-46,600] [-46,500]
................................. Program decrease............ [-10,000]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.. 181,652 181,652 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY 25,408 30,408 150,408 130,000 155,408
SYSTEMS.
................................. Program increase............ [5,000] [5,000]
................................. Surface combatant component- [125,000] [125,000]
level prototyping.
048 0603576N CHALK EAGLE..................... 64,877 64,877 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)...... 9,934 9,934 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION....... 17,251 17,251 17,251 17,251
051 0603595N OHIO REPLACEMENT................ 419,051 419,051 434,051 15,000 434,051
................................. Accelerate advanced [15,000] [15,000]
propulsor development.
052 0603596N LCS MISSION MODULES............. 108,505 108,505 103,505 -2,910 105,595
................................. Available prior year funds [-5,000] [-2,910]
due to SUW MP testing delay.
053 0603597N AUTOMATED TEST AND ANALYSIS..... 7,653 7,653 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............. 59,007 59,007 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS.......... 9,988 9,988 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/ 86,464 11,464 86,464 -69,987 16,477
SUPPORT SYSTEM.
................................. Insufficient justification [-75,000] [-69,987]
and contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION........ 20,564 20,564 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............. 26,514 49,514 26,514 23,000 49,514
................................. Battery development and [13,000] [13,000]
safety enterprise.
................................. Marine energy systems for [10,000] [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT.......... 3,440 3,440 3,440 3,440
062 0603734N CHALK CORAL..................... 346,800 346,800 346,800 -36,400 310,400
................................. Insufficient budget [-36,400]
justification.
063 0603739N NAVY LOGISTIC PRODUCTIVITY...... 3,857 3,857 3,857 3,857
064 0603746N RETRACT MAPLE................... 258,519 258,519 258,519 258,519
065 0603748N LINK PLUMERIA................... 403,909 403,909 403,909 -7,400 396,509
................................. Insufficient budget [-7,400]
justification.
066 0603751N RETRACT ELM..................... 63,434 63,434 63,434 63,434
067 0603764N LINK EVERGREEN.................. 184,110 184,110 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT... 7,697 7,697 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY.......... 9,086 9,086 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING 28,466 28,466 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND 113,456 112,456 113,456 -1,000 112,456
TRACK (IRST).
................................. Program delay............... [-1,000] [-1,000]
074 0604027N DIGITAL WARFARE OFFICE.......... 50,120 50,120 50,120 -25,000 25,120
................................. Artificial intelligence [-10,000]
development operations
unjustified growth.
................................. Program decrease............ [-15,000]
075 0604028N SMALL AND MEDIUM UNMANNED 32,527 32,527 32,527 32,527
UNDERSEA VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, 36,197 36,197 36,197 36,197
EXPERIMENTATION AND
DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES 68,310 59,810 68,310 68,310
................................. Early to need............... [-8,500]
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 121,310 121,310 -9,000 112,310
AIRCRAFT CARRIER (CVN 78--80).
................................. Integrated digital [-9,000]
shipbuilding insufficient
budget justification.
080 0604126N LITTORAL AIRBORNE MCM........... 17,248 17,248 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES.... 18,735 18,735 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL 68,346 58,346 68,346 -9,897 58,449
INFRARED COUNTERMEASURES
(TADIRCM).
................................. Excess to need.............. [-10,000] [-9,897]
084 0604289M NEXT GENERATION LOGISTICS....... 4,420 4,420 13,420 9,000 13,420
................................. Additive manufacturing [9,000] [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558 4,558 4,558
PROTOTYPE.
086 0604454N LX (R).......................... 12,500 12,500 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING... 181,967 174,437 181,967 181,967
................................. ORCA XLUUV prior year [-7,530]
carryover.
088 0604636N COUNTER UNMANNED AIRCRAFT 5,500 5,500 5,500 5,500
SYSTEMS (C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 638,148 723,148 -30,000 688,148
DEVELOPMENT PROGRAM.
................................. Excess growth............... [-80,000] [-30,000]
................................. Increase for SLCM-N AOA..... [5,000]
090 0604707N SPACE AND ELECTRONIC WARFARE 5,263 5,263 5,263 5,263
(SEW) ARCHITECTURE/ENGINEERING
SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP.... 9,991 9,991 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657 21,157 18,500 39,657
AIRCRAFT SYSTEM.
................................. KMAX Large Unmanned [18,500] [18,500]
Logistics System USMC
unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609 609 609
MIP.
................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,204,732 5,275,962 -399,182 5,159,880
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT........ 15,514 15,514 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT.......... 28,835 28,835 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV......... 27,441 27,441 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT........... 3,642 3,642 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM.......... 8,601 8,601 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM......... 77,232 77,232 77,232 77,232
106 0604234N ADVANCED HAWKEYE................ 232,752 232,752 232,752 232,752
107 0604245M H-1 UPGRADES.................... 65,359 64,859 65,359 65,359
................................. Support cost growth......... [-500]
109 0604261N ACOUSTIC SEARCH SENSORS......... 47,013 47,013 47,013 47,013
110 0604262N V-22A........................... 185,105 172,105 190,605 5,000 190,105
................................. Excess to need.............. [-13,000]
................................. Increase reliability and [5,500] [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT.... 21,172 21,172 21,172 21,172
112 0604269N EA-18........................... 143,585 123,585 143,585 -10,000 133,585
................................. Unjustified cost growth..... [-20,000] [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.. 116,811 109,651 116,811 -7,160 109,651
................................. Unjustified request......... [-7,160] [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT...... 187,436 187,436 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ).... 524,261 443,261 524,261 -76,000 448,261
................................. Underexecution.............. [-81,000] [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM-- 192,345 190,845 192,345 -1,500 190,845
NAVY (JTRS-NAVY).
................................. Early to need............... [-1,500] [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 111,068 111,068 -20,146 90,922
INCREMENT II.
................................. Program reduction........... [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 415,625 415,625 -1,941 413,684
ENGINEERING.
................................. Aegis development support [-1,941]
studies and analysis early
to need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION 640 640 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)....... 50,096 50,096 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS... 232,391 232,391 232,391 232,391
123 0604373N AIRBORNE MCM.................... 10,916 10,916 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS.... 34,554 34,554 34,554 34,554
126 0604503N SSN-688 AND TRIDENT 84,663 84,663 84,663 84,663
MODERNIZATION.
127 0604504N AIR CONTROL..................... 44,923 44,923 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS...... 10,632 10,632 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 55,349 55,349 -3,000 52,349
(AMDR) SYSTEM.
................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)... 123,490 123,490 123,490 123,490
132 0604558N NEW DESIGN SSN.................. 121,010 121,010 121,010 100,000 221,010
................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE 62,426 62,426 62,426 62,426
SYSTEM.
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 56,809 46,809 46,809
T&E.
................................. Program increase............ [10,000]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES 3,692 3,692 3,692 3,692
137 0604601N MINE DEVELOPMENT................ 28,964 28,964 100,264 28,964
................................. UPL Quickstrike JDAM ER..... [71,300]
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT. 148,349 127,349 148,349 -32,808 115,541
................................. Excess to need.............. [-21,000] [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING 22,000 22,000 22,000 22,000
ARMS SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS... 18,725 16,225 18,725 -2,500 16,225
................................. Excess to need.............. [-2,500] [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 192,603 192,603 -12,518 180,085
CONTROL).
................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 137,268 137,268 -15,638 121,630
KILL).
................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING........ 26,710 26,710 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............. 8,181 13,181 8,181 8,181
................................. Enterotoxigenic escherichia [5,000]
coli research.
148 0604777N NAVIGATION/ID SYSTEM............ 40,755 40,755 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD. 1,710 1,710 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD. 1,490 1,490 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY 1,494 1,494 1,494 1,494
DEVELOPMENT.
154 0605013N INFORMATION TECHNOLOGY 384,162 370,662 328,762 -115,798 268,364
DEVELOPMENT.
................................. eProcurement program [-55,400]
duplication.
................................. Program decrease............ [-36,000]
................................. Unjustified growth over FY19 [-13,500] [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.. 4,882 4,882 4,882 4,882
156 0605212M CH-53K RDTE..................... 516,955 496,955 506,955 516,955
................................. Early to need............... [-10,000]
................................. Excess to need.............. [-20,000]
158 0605215N MISSION PLANNING................ 75,886 75,886 75,886 75,886
159 0605217N COMMON AVIONICS................. 43,187 43,187 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)... 4,909 4,909 19,909 15,000 19,909
................................. Expand development and use [15,000] [15,000]
of composite materials.
161 0605327N T-AO 205 CLASS.................. 1,682 1,682 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA). 671,258 671,258 671,258 -14,160 657,098
................................. UMCS excess to need......... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE 18,393 12,393 18,393 18,393
(JAGM).
................................. Schedule delays............. [-6,000]
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121 77,322 -8,201 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
................................. Early to need............... [-2,201] [-2,201]
................................. Excess growth............... [-6,000] [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000........................ 111,435 111,435 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS.... 101,339 101,339 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406 26,406 26,406
DEVELOPMENT.
................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,152,672 6,358,433 -201,370 6,130,663
DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT.... 66,678 66,678 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT...... 12,027 12,027 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT............ 85,348 85,348 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT-- 3,908 3,908 3,908 3,908
NAVY.
179 0605154N CENTER FOR NAVAL ANALYSES....... 47,669 47,669 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER......... 20,698 20,698 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.. 988 988 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT..... 3,742 3,742 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT. 93,872 93,872 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT..... 394,020 394,020 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC 15,773 15,773 15,773 15,773
WARFARE (SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE 37,265 29,265 37,265 -8,000 29,265
SUPPORT.
................................. Unjustified growth.......... [-8,000] [-8,000]
192 0605898N MANAGEMENT HQ--R&D.............. 39,673 39,673 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT... 28,750 28,750 28,750 28,750
196 0305327N INSIDER THREAT.................. 2,645 2,645 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460 1,460 1,460
(DEPARTMENTAL SUPPORT
ACTIVITIES).
................................. SUBTOTAL MANAGEMENT SUPPORT.. 990,464 982,464 990,464 -8,000 982,464
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
202 0604227N HARPOON MODIFICATIONS........... 2,302 2,302 2,302 2,302
203 0604840M F-35 C2D2....................... 422,881 422,881 422,881 422,881
204 0604840N F-35 C2D2....................... 383,741 383,741 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT 127,924 127,924 127,924 127,924
CAPABILITY (CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 157,676 157,676 -44,184 113,492
SUPPORT.
................................. D5LE2 unjustified request... [-44,184]
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 43,354 43,354 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS... 31,174 31,174 31,174 31,174
211 0204136N F/A-18 SQUADRONS................ 213,715 216,215 213,715 -5,500 208,215
................................. Block III support prior year [-7,500] [-7,500]
carryover.
................................. Jet noise reduction research [10,000] [2,000]
213 0204228N SURFACE SUPPORT................. 36,389 45,389 36,389 36,389
................................. WSN-12 Technology Insertion. [9,000]
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 320,134 320,134 -33,335 286,799
PLANNING CENTER (TMPC).
................................. JMEWS schedule delays....... [-12,098]
................................. Maritime strike schedule [-21,237]
delays.
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.. 88,382 88,382 103,382 15,000 103,382
................................. Additional TRAPS units...... [15,000] [15,000]
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT 6,931 6,931 6,931 6,931
UNITS (DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR 23,891 23,891 23,891 23,891
(G/ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) 82,325 62,325 82,325 -19,891 62,434
READINESS SUPPORT.
................................. Prior year carryover........ [-20,000] [-19,891]
222 0205601N HARM IMPROVEMENT................ 138,431 132,431 138,431 -6,060 132,371
................................. AARGM ER test schedule [-6,000] [-6,060]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP..................... 85,973 85,973 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS........... 125,461 125,461 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER 106,192 106,192 106,192 106,192
SYSTEMS.
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317 143,317 -9,000 134,317
SYSTEMS.
................................. Program delay............... [-9,000] [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 37,761 42,761 5,000 42,761
SUPPORT.
................................. Airborne Power Generation [5,000] [5,000]
Tech Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE...... 5,476 5,476 5,476 5,476
234 0207161N TACTICAL AIM MISSILES........... 19,488 19,488 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 34,529 39,029 39,029
MISSILE (AMRAAM).
................................. Prior year carryover........ [-4,500]
239 0303109N SATELLITE COMMUNICATIONS (SPACE) 34,344 34,344 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL 9,451 9,451 9,451 9,451
VEHICLES.
245 0305205N UAS INTEGRATION AND 42,315 42,315 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/ 22,042 22,042 22,042 22,042
SURFACE SYSTEMS.
248 0305220N MQ-4C TRITON.................... 11,784 11,784 11,784 11,784
249 0305231N MQ-8 UAV........................ 29,618 29,618 29,618 29,618
250 0305232M RQ-11 UAV....................... 509 509 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545 11,545 11,545
(STUASL0).
252 0305239M RQ-21A.......................... 10,914 10,914 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION.............. 202,346 202,346 202,346 -16,900 185,446
................................. IFC 5.0 concurrency......... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT. 7,119 7,119 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)...... 38,182 38,182 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).. 6,779 6,779 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE) 15,868 15,868 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............. 1,613,137 1,613,137 1,613,137 1,613,137
................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 5,076,299 5,124,299 -114,870 4,989,429
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -28,000 20,000 -114,870 -114,870
.................................
................................. TOTAL RESEARCH, 20,270,499 19,868,808 20,066,799 -595,895 19,674,604
DEVELOPMENT, TEST & EVAL,
NAVY.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES....... 356,107 356,107 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES. 158,859 163,859 158,859 5,000 163,859
................................. Program increase............ [5,000] [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795 14,795 14,795
INITIATIVES.
................................. SUBTOTAL BASIC RESEARCH...... 529,761 534,761 529,761 5,000 534,761
.................................
................................. APPLIED RESEARCH
004 0602102F MATERIALS....................... 128,851 143,851 122,851 24,000 152,851
................................. Advanced materials high [4,000] [4,000]
energy x-ray.
................................. Advanced materials [5,000] [5,000]
manufacturing flexible
biosensors.
................................. Advanced thermal protection [5,000] [5,000]
systems.
................................. Duplicative material [-10,000]
research.
................................. Program increase............ [5,000] [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.. 147,724 147,724 137,724 147,724
................................. Reduce program growth....... [-10,000]
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION............ 198,775 213,775 198,775 10,000 208,775
................................. Educational partnership [10,000]
agreements for aerospace
propulsion.
................................. Educational partnership [5,000]
agreements for next
generation liquid propulsion.
................................. Electrical power/thermal [5,000] [5,000]
management systems.
008 0602204F AEROSPACE SENSORS............... 202,912 202,912 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY 7,968 7,968 7,968 7,968
MANAGEMENT-- MAJOR HEADQUARTERS
ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS.......... 142,772 142,772 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY...... 124,379 124,379 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES 181,562 196,562 199,062 18,000 199,562
AND METHODS.
................................. Counter UAS cyber........... [2,500]
................................. Cyberspace dominance [10,000]
technology research.
................................. Detection and countering of [5,000] [5,000]
adversarial UAS.
................................. Quantum Information Science [10,000] [8,000]
Innovation Center.
................................. Quantum science............. [5,000] [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH...... 44,221 44,221 49,221 44,221
................................. High power microwave [5,000]
research.
016 1206601F SPACE TECHNOLOGY................ 124,667 124,667 124,667 124,667
................................. SUBTOTAL APPLIED RESEARCH.... 1,435,626 1,480,626 1,442,126 52,000 1,487,626
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586 38,586 5,000 41,586
SYSTEMS.
................................. Metals affordability [5,000] [2,000] [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND 16,249 16,249 16,249 16,249
TECHNOLOGY (S&T).
019 0603203F ADVANCED AEROSPACE SENSORS...... 38,292 38,292 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO... 102,949 122,949 307,949 100,000 202,949
................................. Accelerate air breathing [75,000]
hypersonic program.
................................. Active winglets development. [5,000]
................................. Advanced Personnel Recovery. [25,000]
................................. High speed vertical lift [5,000]
demonstration.
................................. LCAAT....................... [100,000]
................................. Low cost attritable aircraft [15,000] [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 118,973 123,973 15,000 128,973
TECHNOLOGY.
................................. Advanced turbine engine gas [10,000] [10,000]
generator.
................................. Electrical power systems.... [5,000] [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY.... 48,408 48,408 38,408 48,408
................................. Duplicative EW & PNT [-10,000]
research.
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.. 70,525 70,525 73,525 3,000 73,525
................................. Strategic radiation hardened [3,000] [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY. 225,817 225,817 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY..... 37,404 37,404 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM 43,116 59,116 50,116 23,000 66,116
................................. Advanced materials and [7,000] [7,000]
materials manufacturing.
................................. Aerospace composites [10,000] [10,000]
manufacturing.
................................. Program increase............ [6,000] [6,000]
029 0603788F BATTLESPACE KNOWLEDGE 56,414 56,414 66,414 56,414
DEVELOPMENT AND DEMONSTRATION.
................................. Cyber applied research...... [10,000]
................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 885,153 1,066,153 146,000 985,153
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED 5,672 5,672 5,672 5,672
DEVELOPMENT.
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY 27,085 27,085 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT... 4,955 4,955 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT..... 878,442 849,442 878,442 878,442
................................. Unjustified budget growth... [-29,000]
038 0604015F LONG RANGE STRIKE--BOMBER....... 3,003,899 3,003,899 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING..... 10,000 20,000 10,000 10,000 20,000
................................. High-value airborne asset [10,000] [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING......... 576,000 536,000 576,000 576,000
................................. Program concurrency......... [-40,000]
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600 124,600 32,000 124,600
IMPROVEMENTS.
................................. Program increase............ [32,000] [32,000]
................................. UPL M-CODE acceleration..... [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS. 23,145 23,145 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............. 23,614 23,614 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON 56,325 56,325 56,325 56,325
SYSTEMS-ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM......... 128,476 128,476 134,476 6,000 134,476
................................. Rapid repair................ [6,000] [6,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT 570,373 489,395 592,373 -17,978 552,395
................................. Program consolidation....... [22,000]
................................. Program reduction........... [-103,000] [-40,000]
................................. Technical adjustment for NC3 [22,022] [22,022]
050 0207100F LIGHT ATTACK ARMED 35,000 35,000 85,000 35,000
RECONNAISSANCE (LAAR) SQUADRONS.
................................. Light attack experiment..... [50,000]
051 0207110F NEXT GENERATION AIR DOMINANCE... 1,000,000 500,000 1,000,000 -45,000 955,000
................................. Cost-risk associated with [-500,000] [-45,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE 37,290 37,290 37,290 37,290
RADAR (3DELRR).
053 0208099F UNIFIED PLATFORM (UP)........... 10,000 10,000 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS.... 8,550 8,550 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 198,864 240,064 41,200 240,064
DEVELOPMENT.
................................. Accelerate development of [13,600] [13,600]
Cyber National Mission Force
capabilities.
................................. ETERNALDARKNESS............. [7,100] [7,100]
................................. Joint Common Access Platform [20,500] [20,500]
058 0306415F ENABLED CYBER ACTIVITIES........ 16,632 16,632 16,632 16,632
060 0901410F CONTRACTING INFORMATION 20,830 20,830 20,830 20,830
TECHNOLOGY SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING 329,948 329,948 329,948 329,948
SYSTEM (USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS........... 101,222 101,222 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON........ 225,660 205,660 225,660 -20,000 205,660
................................. Unjustified growth.......... [-20,000] [-20,000]
064 1206425F SPACE SITUATION AWARENESS 29,776 29,776 29,776 29,776
SYSTEMS.
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 162,045 142,045 142,045
TRANSITIONS (SSPT).
................................. Accelerate Blackjack [20,000]
prototype demonstration and
tech maturation.
067 1206438F SPACE CONTROL TECHNOLOGY........ 64,231 58,231 64,231 -5,000 59,231
................................. Unjustified growth.......... [-6,000] [-5,000]
068 1206730F SPACE SECURITY AND DEFENSE 56,385 56,385 56,385 56,385
PROGRAM.
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003 95,003 105,003
SERVICE (PTES).
................................. Unjustified growth.......... [-10,000]
070 1206761F PROTECTED TACTICAL SERVICE (PTS) 173,694 166,194 163,694 -10,000 163,694
................................. Unjustified growth.......... [-7,500] [-10,000] [-10,000]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).. 172,206 172,206 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE. 33,742 30,742 33,742 -10,000 23,742
................................. Program decrease............ [-3,000] [-10,000]
................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 7,811,801 8,567,479 -18,778 8,417,501
DEVELOPMENT & PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT &
DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS 246,200 200 97,120 -246,200
& PROGRAMS.
................................. ERWn contract delay......... [-149,080]
................................. Excess to need.............. [-246,200]
................................. Unjustified requirement..... [-246,000]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 67,782 148,782 81,000 148,782
IMPROVEMENTS.
................................. UPL M-Code Acceleration..... [81,000] [81,000]
075 0604222F NUCLEAR WEAPONS SUPPORT......... 4,406 4,406 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.. 2,066 2,066 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS 229,631 210,331 229,631 -19,300 210,331
ENTERPRISE.
................................. Prior-year carryover........ [-19,300] [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT..... 9,700 9,700 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.. 31,241 41,241 31,241 10,000 41,241
................................. Program efficiency [10,000] [10,000]
initiative.
080 0604429F AIRBORNE ELECTRONIC ATTACK...... 2 2 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT... 28,043 22,543 28,043 28,043
................................. Unjustified requirement [-5,500]
(JAGM-F).
082 0604604F SUBMUNITIONS.................... 3,045 3,045 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT............ 19,944 19,944 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS............ 8,624 16,624 8,624 8,624
................................. Next-gen ejection seat [8,000]
qualification.
085 0604735F COMBAT TRAINING RANGES.......... 37,365 37,365 37,365 37,365
086 0604800F F-35--EMD....................... 7,628 7,628 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON...... 712,539 712,539 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION......... 161,199 156,199 161,199 161,199
................................. Program decrease............ [-5,000]
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT.... 30,000 30,000 30,000 30,000
093 0605221F KC-46........................... 59,561 59,561 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING......... 348,473 348,473 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER........ 247,047 246,047 247,047 247,047
................................. Support cost growth......... [-1,000]
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM. 294,400 294,400 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION... 27,564 27,564 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............. 1 1 1 1
101 0207171F F-15 EPAWSS..................... 47,322 47,322 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON.......... 162,840 127,840 162,840 162,840
................................. Unjustified program growth.. [-35,000]
103 0207701F FULL COMBAT MISSION TRAINING.... 9,797 9,797 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B.......................... 757,923 757,923 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS.......... 2,787 2,787 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.. 2,000 2,000 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF).... 462,875 452,875 462,875 -10,000 452,875
................................. Unjustified growth.......... [-10,000] [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829 76,829 -20,000 56,829
OPERATIONS.
................................. GBOSS unjustified growth.... [-20,000] [-20,000]
112 1206421F COUNTERSPACE SYSTEMS............ 29,037 34,037 29,037 29,037
................................. Counterspace communications [5,000]
systems pre-planned product
improvement.
113 1206422F WEATHER SYSTEM FOLLOW-ON........ 2,237 2,237 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS 412,894 362,894 412,894 412,894
SYSTEMS.
................................. Unexecutable growth......... [-50,000]
115 1206426F SPACE FENCE..................... 20,000
................................. Space Fence................. [20,000]
116 1206431F ADVANCED EHF MILSATCOM (SPACE).. 117,290 117,290 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)......... 427,400 427,400 427,400 -26,000 401,400
................................. Prior year carryover........ [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).. 1,920 1,920 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR............ 1,395,278 1,018,878 1,395,278 1,395,278
................................. Unexecutable funding profile [-293,100]
................................. Unexecutable funding profile [-83,300]
(ground).
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 10,000 5,000 5,000
INTEGRATION.
................................. Accelerate integration of [10,000] [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009 432,009 432,009
PROGRAM (SPACE)--EMD.
................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,194,044 6,881,164 -225,500 6,703,744
DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT.... 59,693 59,693 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT............ 181,663 183,663 232,663 38,000 219,663
................................. Telemetry extension SATCOM [2,000] [2,000]
relay.
................................. UPL M-Code Acceleration..... [36,000] [36,000]
................................. Utah training range [15,000]
instrumentation.
125 0605101F RAND PROJECT AIR FORCE.......... 35,258 35,258 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT..... 717,895 743,395 771,895 717,895
................................. Accelerate prototype program [5,000]
................................. Facilitates 5G test and [49,000]
evaluation.
................................. Overwater range telemetry [9,500]
improvements.
................................. Program increase............ [16,000]
129 0605826F ACQ WORKFORCE- GLOBAL POWER..... 258,667 258,667 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & 251,992 226,992 251,992 251,992
COMBAT SYS.
................................. Program decrease............ [-25,000]
131 0605828F ACQ WORKFORCE- GLOBAL REACH..... 149,191 149,191 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE 160,196 144,196 160,196 160,196
MGMT.
................................. Program decrease............ [-16,000]
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 198,255 220,255 220,255
INTEGRATION.
................................. Program decrease............ [-22,000]
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.. 133,231 133,231 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D.............. 5,590 5,590 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E.............. 5,013 5,013 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT 5,913 5,913 5,913 5,913
SUPPORT.
144 0804731F GENERAL SKILL TRAINING.......... 1,475 1,475 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES........ 4,071 4,071 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 14,942 19,942 19,942
DEVELOPMENT.
................................. Unjustified growth.......... [-5,000]
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 23,192 13,192 13,192
(SPACE).
................................. Small rockets launch [10,000]
services.
151 1206864F SPACE TEST PROGRAM (STP)........ 26,097 29,097 26,097 26,097
................................. Small launch................ [3,000]
................................. SUBTOTAL MANAGEMENT SUPPORT.. 2,916,571 2,889,071 3,021,571 38,000 2,954,571
.................................
................................. OPERATIONAL SYSTEMS DEVELOPMENT
................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT 35,611 20,011 84,611 -2,000 33,611
SYSTEM (ABMS).
................................. Accelerates 5G military use. [49,000]
................................. Program increase--sensor [10,000] [8,000]
fusion and artificial
intelligence technology.
................................. Unjustified request......... [-25,600] [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584 2,584 2,584
TRAINING.
155 0604445F WIDE AREA SURVEILLANCE.......... 20,000
................................. Program increase............ [20,000]
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2....................... 694,455 694,455 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 30,567 40,567
SYSTEM (AF-IPPS).
................................. Poor agile development...... [-40,567]
................................. Program decrease............ [-10,000]
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E........... 17,218 17,218 4,818 17,218
................................. Program delay............... [-12,400]
162 0606018F NC3 INTEGRATION................. 25,917 25,917 25,917 25,917
164 0101113F B-52 SQUADRONS.................. 325,974 325,974 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE 10,217 10,217 10,217 10,217
(ALCM).
166 0101126F B-1B SQUADRONS.................. 1,000 1,000 1,000 1,000
167 0101127F B-2 SQUADRONS................... 97,276 97,276 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............. 128,961 106,939 106,961 128,961
................................. Program consolidation....... [-22,000]
................................. Technical adjustment for NC3 [-22,022]
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES........... 75,571 75,571 75,571 -34,300 41,271
................................. Program delay............... [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM....... 170,975 170,975 170,975 170,975
176 0205219F MQ-9 UAV........................ 154,996 154,996 154,996 -27,700 127,296
................................. Program reduction........... [-27,700]
178 0207131F A-10 SQUADRONS.................. 36,816 36,816 36,816 36,816
179 0207133F F-16 SQUADRONS.................. 193,013 193,013 193,013 193,013
180 0207134F F-15E SQUADRONS................. 336,079 317,779 336,079 -16,250 319,829
................................. Unjustified F-15C [-18,300] [-16,250]
requirements.
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.. 15,521 15,521 15,521 15,521
182 0207138F F-22A SQUADRONS................. 496,298 442,498 496,298 496,298
................................. Excess to requirements...... [-23,800]
................................. Prior-year carryover........ [-30,000]
183 0207142F F-35 SQUADRONS.................. 99,943 99,943 99,943 99,943
184 0207161F TACTICAL AIM MISSILES........... 10,314 10,314 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE....... 281 281 281 281
187 0207247F AF TENCAP....................... 21,365 21,365 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL.................... 15,888 15,888 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 107,505 112,505 112,505
IMPROVEMENT PROGRAM.
................................. Prior-year carryover (F-35). [-5,000]
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 104,864 114,864 114,864
(AOC).
................................. Unjustified request......... [-10,000]
193 0207412F CONTROL AND REPORTING CENTER 8,109 8,109 8,109 8,109
(CRC).
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 61,209 67,996 67,996
SYSTEM (AWACS).
................................. Excess to need.............. [-6,787]
195 0207418F TACTICAL AIRBORNE CONTROL 2,462 2,462 2,462 2,462
SYSTEMS.
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.. 6,217 6,217 6,217 6,217
200 0207452F DCAPES.......................... 19,910 19,910 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE...................... 28,237 28,237 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION.... 15,725 15,725 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS 4,316 4,316 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN) 26,946 26,946 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND 4,303 4,303 4,303 4,303
EXERCISES.
207 0208006F MISSION PLANNING SYSTEMS........ 71,465 71,465 71,465 71,465
208 0208007F TACTICAL DECEPTION.............. 7,446 7,446 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER........... 7,602 7,602 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE 16,609 16,609 16,609 16,609
OPERATIONS.
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)........... 84,702 84,702 84,702 84,702
218A 0301004F ADVANCED DATA TRANSPORT FLIGHT 21,000
TEST.
................................. Accelerate prototype test of [21,000]
5G.
219 0301025F GEOBASE......................... 2,723 2,723 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE 70,173 70,173 70,173 -27,550 42,623
OPERATIONS CENTER (NAOC).
................................. Unclear acquisition strategy [-27,550]
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 28,543 13,543 13,543
COMMUNICATIONS NETWORK (MEECN).
................................. Advanced concept [15,000]
development--NC3
demonstration and evaluation.
229 0303133F HIGH FREQUENCY RADIO SYSTEMS.... 15,881 1,881 15,881 15,881
................................. Prior-year carryover........ [-14,000]
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 100,880 150,880 150,880
(MDC2).
................................. Unjustified growth.......... [-50,000]
235 0304260F AIRBORNE SIGINT ENTERPRISE...... 102,667 94,167 102,667 -17,500 85,167
................................. Common development ahead of [-8,500] [-8,500]
need.
................................. Program reduction........... [-9,000]
236 0304310F COMMERCIAL ECONOMIC ANALYSIS.... 3,431 3,431 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000 -16,000 3,000
DVMT (IMAD).
................................. Not mature plan............. [-19,000]
................................. Unjustified request......... [-16,000] [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................. 25,461 27,461 25,461 2,000 27,461
................................. Commercial weather data [2,000] [2,000]
pilot.
244 0305114F AIR TRAFFIC CONTROL, APPROACH, 5,651 5,651 5,651 5,651
AND LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................. 7,448 7,448 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION..... 54,546 54,546 54,546 54,546
250 0305146F DEFENSE JOINT 6,858 6,858 6,858 6,858
COUNTERINTELLIGENCE ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE 8,728 8,728 8,728 8,728
(IBS).
253 0305202F DRAGON U-2...................... 38,939 38,939 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS. 122,909 132,909 122,909 10,000 132,909
................................. Program increase for Gorgon [10,000] [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS... 11,787 11,787 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/ 25,009 25,009 25,009 25,009
SURFACE SYSTEMS.
258 0305220F RQ-4 UAV........................ 191,733 173,883 191,733 191,733
................................. Unjustified request......... [-17,850]
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757 10,757 10,757
TARGETING.
260 0305238F NATO AGS........................ 32,567 32,567 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE...... 37,774 37,774 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION......... 4,383 4,383 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & 2,133 2,133 2,133 2,133
CTRL (PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD). 8,614 8,614 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON.......... 140,425 140,425 140,425 -39,000 101,425
................................. Contract award savings...... [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)...... 10,223 10,223 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF).............. 25,101 25,101 25,101 25,101
269 0401132F C-130J PROGRAM.................. 8,640 8,640 8,640 8,640
270 0401134F LARGE AIRCRAFT IR 5,424 5,424 5,424 5,424
COUNTERMEASURES (LAIRCM).
272 0401219F KC-10S.......................... 20 20 20 20
274 0401318F CV-22........................... 17,906 17,906 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL 3,629 3,629 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)...... 1,890 1,890 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT..... 539 539 539 539
281 0804743F OTHER FLIGHT TRAINING........... 2,057 2,057 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES...... 10 10 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY. 2,060 2,060 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM... 3,809 3,809 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION........ 6,476 6,476 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND 46,789 46,789 46,789 46,789
MGT SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM-- 988 988 988 988
SPACE ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS 197,388 192,388 197,388 -20,000 177,388
TERMINALS (FAB-T).
................................. FET schedule slip........... [-15,000]
................................. Unjustified growth.......... [-5,000] [-5,000]
294 1203110F SATELLITE CONTROL NETWORK 61,891 54,291 61,891 61,891
(SPACE).
................................. Underexecution of funds and [-7,600]
unjustified growth.
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION 43,292 43,292 43,292 43,292
AND RAPID TECHNOLOGY
DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).. 10,837 10,837 10,837 10,837
301 1203265F GPS III SPACE SEGMENT........... 42,440 42,440 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.. 14,428 14,428 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM............ 72,762 51,262 72,762 72,762
................................. Unjustified growth.......... [-21,500]
304 1203620F NATIONAL SPACE DEFENSE CENTER... 2,653 2,653 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS 15,881 15,881 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).. 49,300 49,300 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES...... 138,870 128,670 138,870 -39,800 99,070
................................. Contract award delay........ [-39,800]
................................. Unjustified growth.......... [-10,200]
311A 9999999999 CLASSIFIED PROGRAMS............. 18,351,506 17,998,506 18,351,506 -122,000 18,229,506
................................. Classified reduction........ [-353,000] [-122,000]
................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,253,329 24,827,521 -350,100 24,501,388
DEVELOPMENT.
................................. SUBTOTAL UNDISTRIBUTED....... -598,159 -23,967 -350,100 -350,100
.................................
................................. TOTAL RESEARCH, 45,938,122 44,048,785 46,335,775 -353,378 45,584,744
DEVELOPMENT, TEST & EVAL,
AF.
.................................
................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............. 26,000 26,000 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES....... 432,284 432,284 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES...... 48,874 58,874 58,874 20,000 68,874
................................. DEPSCOR..................... [10,000] [10,000]
................................. Program increase............ [10,000] [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL 54,122 59,122 54,122 54,122
RESEARCH SCIENCE.
................................. Brain injury research [5,000]
university partnerships.
005 0601120D8Z NATIONAL DEFENSE EDUCATION 92,074 112,074 102,074 10,000 102,074
PROGRAM.
................................. Civics education grant [20,000] [2,000]
program.
................................. Submarine industrial base [10,000] [8,000]
workforce training and
education.
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 50,708 32,708 16,000 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
................................. Aerospace research and [2,000] [2,000]
education.
................................. Program decrease............ [-5,000]
................................. Program increase............ [25,000] [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238 45,238 45,238
PROGRAM.
................................. SUBTOTAL BASIC RESEARCH...... 729,300 784,300 751,300 46,000 775,300
.................................
................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY...... 19,306 19,306 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY........... 97,771 97,771 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 62,200 64,200 -6,800 55,400
ADVANCEMENT OF S&T PRIORITIES.
................................. Computer modeling of PFAS... [2,000] [2,000]
................................. Excess growth............... [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 442,556 442,556 -5,000 437,556
TECHNOLOGY.
................................. Unjustified growth.......... [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE...... 34,588 34,588 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087 202,587 12,500 215,087
PROGRAM.
................................. Program increase............ [12,500] [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH......... 15,118 15,118 25,118 10,000 25,118
................................. Academic cyber institutes... [10,000] [10,000]
017 0602702E TACTICAL TECHNOLOGY............. 337,602 337,602 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY.......... 332,192 332,192 332,192 -6,000 326,192
................................. Unjustified growth.......... [-6,000]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 179,096 179,096 -5,000 174,096
DESTRUCTION APPLIED RESEARCH.
................................. Unjustified growth.......... [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT...... 40,569 45,569 40,569 40,569
................................. Media forensics............. [5,000]
................................. SUBTOTAL APPLIED RESEARCH.... 2,049,458 2,066,958 2,061,458 -300 2,049,158
.................................
................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT..... 5,000 5,000 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 79,517 70,517 5,000 75,517
SUPPORT.
................................. Counterterrorism detection [3,000]
technologies.
................................. Program increase............ [5,000]
................................. Terrorism studies........... [6,000]
026 0603133D8Z FOREIGN COMPARATIVE TESTING..... 24,970 24,970 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 340,065 340,065 -1,490 338,575
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
................................. Excess growth............... [-1,490]
029 0603176C ADVANCED CONCEPTS AND 14,208 14,208 14,208 14,208
PERFORMANCE ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY.............. 10,000 10,000 10,000 -10,000
................................. MD72 program termination.... [-10,000]
031 0603180C ADVANCED RESEARCH............... 20,674 27,674 20,674 7,000 27,674
................................. Advanced carbon-carbon [7,000] [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS 18,773 18,773 18,773 18,773
TECHNOLOGY DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS...... 279,741 279,741 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY... 202,606 202,606 202,606 -30,000 172,606
................................. RSGS program delays......... [-30,000]
035 0603288D8Z ANALYTIC ASSESSMENTS............ 19,429 19,429 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.. 13,600 13,600 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)... 29,398 29,398 36,898 29,398
................................. Accelerate artificial [7,500]
intelligence solutions.
041 0603375D8Z TECHNOLOGY INNOVATION........... 60,000 44,000 60,000 -30,000 30,000
................................. Insufficient justification.. [-30,000]
................................. Program decrease............ [-16,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH................... 159,688 159,688 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 17,063 12,063 12,063
TECHNOLOGY.
................................. Joint electromagnetic [5,000]
spectrum operations.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 107,359 89,859 -17,500 89,859
DEMONSTRATIONS.
................................. Program reduction........... [-17,500] [-17,500]
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING 96,397 116,397 96,397 20,000 116,397
SCIENCE AND TECHNOLOGY PROGRAM.
................................. Additive manufacturing...... [10,000] [10,000]
................................. Integrated silicon based [5,000] [5,000]
lasers.
................................. Program increase............ [5,000] [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM 42,834 42,834 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911 70,911 80,911
DEVELOPMENT.
................................. Program reduction........... [-10,000]
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157 76,157 66,157
PROGRAM.
................................. SERDP....................... [10,000]
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM....... 4,846 4,846 4,846 4,846
054 0603739E ADVANCED ELECTRONICS 128,616 128,616 128,616 128,616
TECHNOLOGIES.
055 0603760E COMMAND, CONTROL AND 232,134 232,134 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE 512,424 512,424 512,424 -5,000 507,424
TECHNOLOGY.
................................. Unjustified increase........ [-5,000]
057 0603767E SENSOR TECHNOLOGY............... 163,903 163,903 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.. 15,111 15,111 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS. 47,147 47,147 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY 19,376 19,376 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 180,574 185,574 10,000 185,574
TECHNOLOGY.
................................. Program increase to support [10,000] [10,000]
NDS technologies.
................................. UAV hypersonic test range... [5,000]
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 30,000 25,000 25,000
NETWORK.
................................. Hacking for defense......... [5,000]
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 70,536 70,536 -16,636 53,900
IMPROVEMENT.
................................. Excess growth............... [-16,636]
066 0303310D8Z CWMD SYSTEMS.................... 28,907 28,907 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 41,500 20,000 20,000
RESEARCH AND DEVELOPMENT.
................................. Program increase for [21,500]
commercial SSA; funds
transferred from JSPOC
Mission System.
................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,798,588 3,742,088 -68,626 3,673,462
DEVELOPMENT.
.................................
................................. ADVANCED COMPONENT DEVELOPMENT
AND PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL 42,695 42,695 42,695 42,695
PHYSICAL SECURITY EQUIPMENT
RDT&E ADC&P.
071 0603600D8Z WALKOFF......................... 92,791 92,791 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 66,572 76,572 2,000 68,572
CERTIFICATION PROGRAM.
................................. ESTCP....................... [10,000] [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE 302,761 302,761 302,761 302,761
TERMINAL DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 960,506 1,156,506 81,100 1,237,606
MIDCOURSE DEFENSE SEGMENT.
................................. Common booster engineering [-15,000]
early to need.
................................. GBSD booster engineering.... [-15,000]
................................. Homeland Defense Radar- [-30,400]
Hawaii delay.
................................. RKV cancellation--on demand [-13,500]
communications.
................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
................................. Unjustified program growth.. [-181,000]
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE 283,487 283,487 283,487 283,487
SENSORS.
078 0603890C BMD ENABLING PROGRAMS........... 571,507 570,476 571,507 571,507
................................. Rescope FTM-44--Conduct IRBM [-1,031]
test.
079 0603891C SPECIAL PROGRAMS--MDA........... 377,098 504,098 502,098 135,000 512,098
................................. Classified.................. [125,000]
................................. Classified reduction........ [-8,000]
................................. Classified unfunded priority [135,000] [135,000]
080 0603892C AEGIS BMD....................... 727,479 702,479 727,479 -28,000 699,479
................................. Unjustified cost growth..... [-25,000]
................................. Unjustified growth.......... [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE 564,206 561,706 564,206 -1,500 562,706
COMMAND AND CONTROL, BATTLE
MANAGEMENT AND COMMUNICATI.
................................. IBCS integration delays..... [-1,500] [-1,500]
................................. Rescope FTM-44--Conduct IRBM [-1,000]
test.
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH................ 22,424 22,424 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX).... 128,156 128,156 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS.... 300,000 300,000 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.. 395,924 393,356 395,924 395,924
................................. Rescope FTM-44--Conduct IRBM [-2,568]
test.
088 0603915C BALLISTIC MISSILE DEFENSE 554,171 554,171 554,171 554,171
TARGETS.
089 0603920D8Z HUMANITARIAN DEMINING........... 10,820 15,820 10,820 3,880 14,700
................................. Program increase............ [5,000] [3,880]
090 0603923D8Z COALITION WARFARE............... 11,316 11,316 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION 303,458 301,122 269,458 -34,000 269,458
INITIATIVES.
................................. Cancel Neutral Particle Beam [-34,000] [-34,000]
................................. Increase to low power laser [35,000]
demonstrator.
................................. Neutral particle beam....... [-34,000]
................................. Rescope FTM-44--Conduct IRBM [-3,336]
test.
093 0604132D8Z MISSILE DEFEAT PROJECT.......... 17,816 7,816 17,816 -7,816 10,000
................................. Unjustified budget request-- [-10,000] [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE.............. 157,425 157,425 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,312,735 1,007,585 1,343,735 1,312,735
................................. Hypervelocity Gun Weapon [81,000] [80,000]
System.
................................. Insufficient justification.. [-80,000]
................................. Program decrease............ [-155,150]
................................. Realign to 0604011D8Z, Next [-50,000]
Generation Information
Technology.
................................. Undistributed............... [-100,000]
................................. Unjustified growth to SCO... [-50,000]
097 0604294D8Z TRUSTED & ASSURED 542,421 542,421 547,421 5,000 547,421
MICROELECTRONICS.
................................. Trusted and assured [5,000] [5,000]
microelectronics research.
098 0604331D8Z RAPID PROTOTYPING PROGRAM....... 100,957 100,957 50,957 -50,000 50,957
................................. Uncoordinated prototyping [-50,000] [-50,000]
efforts.
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000 92,000 92,000
PROTOTYPING.
................................. Insufficient budget [-75,000]
justification for national
security innovation capital.
................................. Program increase--national [75,000]
security innovation capital.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 274,714 274,714 -101,116 173,598
(HDR-H).
................................. Funding acceleration early [-60,000]
to need.
................................. Radar foundation and thermal [-41,116]
control system early to need.
103 0604673C PACIFIC DISCRIMINATING RADAR.... 6,711 6,711 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM 14,021 14,021 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062 20,062 20,062
INTEGRATION AND
INTEROPERABILITY ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 262,363 412,363 -140,000 272,363
INTERCEPTORS.
................................. Program delays.............. [-150,000]
................................. RKV Termination - transfer [-140,000]
to RD,DW 075 for SLEP
program.
110 0604876C BALLISTIC MISSILE DEFENSE 25,137 25,137 25,137 25,137
TERMINAL DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................. 169,822 148,740 169,822 169,822
................................. Rescope FTM-44--Conduct IRBM [-21,082]
test.
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 94,566 105,530 105,530
TEST.
................................. Rescope FTM-44--Conduct IRBM [-10,964]
test.
113 0604880C LAND-BASED SM-3 (LBSM3)......... 38,352 38,352 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 96,446 98,139 98,139
MIDCOURSE SEGMENT TEST.
................................. Rescope FTM-44--Conduct IRBM [-1,693]
test.
117 0300206R ENTERPRISE INFORMATION 1,600 1,600 1,600 1,600
TECHNOLOGY SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE....... 1,138 1,138 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 75,000 55,000 -30,000 55,000
PROTOTYPING.
................................. Increase to SDA for multi- [20,000]
GNSS receiver capability
development.
................................. Missile defense studies [-30,000] [-30,000]
realignment.
................................. Space-based discrimination [-15,000]
study.
................................. Space-based interceptor [-15,000]
study.
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565 135,565 108,000 135,565
SPACE PROGRAMS.
................................. HBTSS unfunded requirement.. [108,000]
................................. Hypersonic and Ballistic [108,000] [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 175,000 25,000 275,000 275,000
COMMUNICATIONS TECHNOLOGY (5G).
................................. DOD Spectrum Sharing Program [25,000]
................................. NTTR and additional AF [100,000]
installation 5G network.
................................. Program increase............ [175,000] [175,000]
................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 9,474,169 9,987,493 217,548 10,015,041
DEVELOPMENT AND PROTOTYPES.
.................................
................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL 11,276 11,276 11,276 11,276
PHYSICAL SECURITY EQUIPMENT
RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 107,000 -31,000 76,000
DEVELOPMENT.
................................. Lack of justification-- [-76,000]
awaiting policy.
................................. Transfer to RDTE, Army Line [-31,000] [-31,000]
100.
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 384,047 384,047 -10,000 374,047
PROGRAM--EMD.
................................. Excess growth............... [-10,000]
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 43,102 40,102 40,102
DISTRIBUTION SYSTEM (JTIDS).
................................. Cyber maturity model [3,000]
certification program.
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY 3,070 3,070 3,070 3,070
DEVELOPMENT.
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM... 17,615 7,615 17,615 17,615
................................. Unjustified growth.......... [-10,000]
131 0605027D8Z OUSD(C) IT DEVELOPMENT 15,653 15,653 15,653 15,653
INITIATIVES.
132 0605070S DOD ENTERPRISE SYSTEMS 2,378 2,378 2,378 2,378
DEVELOPMENT AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION...... 1,618 1,618 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES 27,944 27,944 27,944 27,944
(DAI)--FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT 6,609 6,609 6,609 6,609
PAY SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED 175,032 175,032 175,032 175,032
MICROELECTRONICS.
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM.... 1,578 1,578 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY 4,373 4,373 4,373 4,373
INFORMATION MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854 12,854 12,854
AND DEMONSTRATION.
................................. SUBTOTAL SYSTEM DEVELOPMENT 841,588 727,588 841,588 -41,000 800,588
AND DEMONSTRATION.
.................................
................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION 13,000 13,000 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING 9,724 9,724 9,724 9,724
SYSTEM (DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 240,267 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
................................. Undistributed............... [-20,000]
146 0604942D8Z ASSESSMENTS AND EVALUATIONS..... 30,834 30,834 30,834 30,834
147 0605001E MISSION SUPPORT................. 68,498 68,498 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 83,091 89,091 6,000 89,091
CAPABILITY (JMETC).
................................. Cyber range development..... [6,000] [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079 13,079 18,079
ANALYSIS.
................................. Program reduction........... [-5,000]
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............. 37,140 37,140 32,140 37,140
................................. Program reduction........... [-5,000]
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT-- 4,759 4,759 4,759 4,759
OSD.
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL 8,307 8,307 8,307 8,307
SECURITY.
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION 3,568 3,568 3,568 3,568
RESEARCH (SBIR)/ SMALL BUSINESS
TECHNOLOGY TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 19,936 19,936 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS..... 16,875 19,875 16,875 3,000 19,875
................................. National Science, [3,000] [3,000]
Technology, and Security
Roundtable with Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD 34,448 34,448 34,448 34,448
ENLISTMENT, TESTING AND
EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION. 22,203 22,203 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D.............. 13,208 13,208 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.. 8,017 8,017 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000 6,000 1,000
DEVELOPMENT SUPPORT.
................................. Increase.................... [5,000]
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.. 9,216 9,216 9,216 9,216
183 0303166J SUPPORT TO INFORMATION 553 553 553 553
OPERATIONS (IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION 1,014 1,014 1,014 1,014
PROGRAM OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.. 58,667 58,667 58,667 -10,000 48,667
................................. Unjustified growth.......... [-10,000]
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073 40,073 40,073
TRAINING TRANSFORMATION
(CE2T2)--NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA.............. 27,065 27,065 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP).... 3,090 3,090 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............. 51,471 51,471 51,471 51,471
................................. SUBTOTAL MANAGEMENT SUPPORT.. 1,354,628 1,337,628 1,355,628 -1,000 1,353,628
.................................
................................. OPERATIONAL SYSTEM DEVELOPMENT
................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 7,945 7,945 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE... 208,834 166,834 208,834 208,834
................................. Early to need............... [-42,000]
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 19,051 48,551 8,500 18,551
SUSTAINMENT SUPPORT.
................................. Advanced systems [5,000] [5,000]
manufacturing.
................................. Composite manufacturing [15,000]
technologies.
................................. Composite manufacturing [5,000]
technology.
................................. Lithium ion batteries....... [4,000]
................................. Printed circuit boards...... [15,000]
................................. Rare earth element [3,500] [3,500]
production.
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL 12,734 12,734 12,734 12,734
SYSTEMS DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 14,800 14,800 -4,450 10,350
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
................................. Excess growth............... [-4,450]
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023 54,023 54,023
(OPERATIONAL SYSTEMS
DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY............ 64,122 64,122 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS... 11,166 11,166 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 89,631 92,631 25,000 92,631
PROGRAM.
................................. AI and Cyber Center of [25,000] [25,000]
Excellence.
................................. Cyber institutes for senior [12,000]
military colleges.
................................. Implementation of Cyber [10,000]
Excepted Service.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198 287,198 -1,882 287,198
PROGRAM.
................................. Realignment to DISA for [-1,882] [-1,882]
Sharkseer.
................................. Sharkseer transfer.......... [-1,882]
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678 44,678 1,882 44,678
PROGRAM.
................................. Realignment for Sharkseer... [1,882] [1,882]
................................. Sharkseer transfer.......... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL 25,218 25,218 25,218 25,218
SYSTEM.
219 0303153K DEFENSE SPECTRUM ORGANIZATION... 21,698 21,698 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400 17,400 2,400
ACTIVITIES.
................................. Local criminal records [15,000]
access.
232 0305186D8Z POLICY R&D PROGRAMS............. 6,301 6,301 6,301 6,301
233 0305199D8Z NET CENTRICITY.................. 21,384 21,384 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/ 6,359 6,359 6,359 6,359
SURFACE SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/ 2,981 2,981 2,981 2,981
SURFACE SYSTEMS.
241 0305327V INSIDER THREAT.................. 1,964 1,964 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES.... 1,361 1,361 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS........ 1,770 1,770 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV........................ 20,697 20,697 20,697 20,697
256 1160403BB AVIATION SYSTEMS................ 245,795 263,021 254,595 17,200 262,995
................................. Program increase--Future [8,800] [8,800]
Vertical Lift.
................................. Program increase--RFCM...... [8,426]
................................. UPL Future vertical lift.... [8,800]
................................. UPL FVL realignment from [8,400]
RFCM.
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 15,484 15,484 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS........ 166,922 166,922 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................. 62,332 62,332 62,332 62,332
260 1160432BB SPECIAL PROGRAMS................ 21,805 21,805 21,805 21,805
261 1160434BB UNMANNED ISR.................... 37,377 37,377 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES........... 11,150 11,150 11,150 11,150
263 1160483BB MARITIME SYSTEMS................ 72,626 72,626 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM................ 6,158 6,158 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............. 4,542,640 4,542,640 4,542,640 4,542,640
................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,383,624 6,345,698 46,250 6,304,648
DEVELOPMENT.
267A 9999999999 UNDISTRIBUTED................... 119,000
................................. Transfer to NRO for weather [119,000]
satellite procurement to
mitigate weather capability
gaps risk in 2022-2023.
................................. SUBTOTAL UNDISTRIBUTED....... 125,226 87,300 46,250 46,250
.................................
................................. TOTAL RESEARCH, 24,772,953 24,572,855 25,085,253 198,872 24,971,825
DEVELOPMENT, TEST & EVAL,
DW.
.................................
................................. OPERATIONAL TEST & EVAL, DEFENSE
................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION. 93,291 93,291 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION... 69,172 69,172 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737 58,737 58,737
ANALYSES.
................................. SUBTOTAL MANAGEMENT SUPPORT.. 221,200 221,200 221,200 221,200
.................................
................................. TOTAL OPERATIONAL TEST & 221,200 221,200 221,200 221,200
EVAL, DEFENSE.
.................................
................................. TOTAL RDT&E................ 103,395,545 100,742,469 104,053,153 -1,085,699 102,309,846
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of
Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500 500 500
DEFENSE
SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 6,000 -6,000
RANGE AIR
DEFENSE (M-
SHORAD).
................ Unjustified [-6,000] [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000 2,000
DEFENSE
(BUDGET
ACTIVITY 4).
................ Unjustified [-2,000]
request.
................ SUBTOTAL 17,114 17,114 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770 11,770 11,770
COUNTERMEASURE
S (CIRCM).
159 0605051A AIRCRAFT 77,420 77,420 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E
MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL 1,875 1,875 1,875 1,875
AND HUMAN
INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100 34,100 34,100
UNMANNED
AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 196,124 204,124 -6,000 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH.. 22,000 22,000 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122 1,122 1,122
DEFENSE
(DETECT &
CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
177 0205671F JOINT COUNTER 4,000 4,000 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713 78,713 78,713
PROGRAMS.
................ SUBTOTAL 83,913 83,913 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 128,248 128,248 128,248 128,248
DEVELOPMENT,
TEST & EVAL,
AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
................ APPLIED
RESEARCH
010 0602134BR COUNTER 1,677 1,677 1,677 1,677
IMPROVISED-
THREAT
ADVANCED
STUDIES.
................ SUBTOTAL 1,677 1,677 1,677 1,677
APPLIED
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 74,758 74,758 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
094 0604134BR COUNTER 113,590 113,590 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 113,590 113,590 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
................ UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS 6,000 6,000 6,000 6,000
261 1160434BB UNMANNED ISR... 5,000 5,000 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199 200,199 200,199
PROGRAMS.
................ SUBTOTAL 211,925 211,925 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL RESEARCH, 401,950 401,950 401,950 401,950
DEVELOPMENT,
TEST & EVAL,
DW.
................
................ TOTAL RDT&E.... 898,732 890,732 898,732 -6,000 892,732
----------------------------------------------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY REQUIREMENTS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Program Element Item Request Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
................................ MANAGEMENT SUPPORT
187 0605864N TEST AND EVALUATION SUPPORT.... 0 129,000 129,000
................................ Earthquake damage recovery. [129,000]
................................ TOTAL RESEARCH, DEVELOPMENT, 0 129,000 129,000
TEST & EVAL, NAVY.
................................
................................ RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
................................ MANAGEMENT SUPPORT
128 0605807F TEST AND EVALUATION SUPPORT.... 0 14,436 14,436
................................ Earthquake damage recovery. [14,436]
138 0605976F FACILITIES RESTORATION AND 0 1,060 1,060
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
................................ Earthquake damage recovery. [1,060]
................................ TOTAL RESEARCH, DEVELOPMENT, 0 15,496 15,496
TEST & EVAL, AF.
................................
................................ TOTAL RDT&E.................... 0 144,496 144,496
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS...... 1,735,922 1,659,222 1,735,922 -337,248 1,398,674
Realignment to [-260,548]
OCO.............
Unjustified [-76,700] [-76,700]
growth..........
020 MODULAR SUPPORT 127,815 126,515 127,815 -3,150 124,665
BRIGADES...........
Unjustified [-1,300] [-3,150]
growth..........
030 ECHELONS ABOVE 716,356 709,356 716,356 -7,000 709,356
BRIGADE............
Unjustified [-7,000] [-7,000]
growth..........
040 THEATER LEVEL ASSETS 890,891 881,991 890,891 -12,000 878,891
Unjustified [-8,900] [-12,000]
growth..........
050 LAND FORCES 1,232,477 1,215,477 1,232,477 -9,500 1,222,977
OPERATIONS SUPPORT.
Program decrease [-15,000]
Unjustified [-2,000] [-9,500]
growth..........
060 AVIATION ASSETS..... 1,355,606 1,282,106 1,355,606 -86,500 1,269,106
Excess to need.. [-73,500] [-86,500]
070 FORCE READINESS 3,882,315 2,644,315 3,882,315 -1,218,000 2,664,315
OPERATIONS SUPPORT.
Excess FTE [-38,000]
request.........
Female personal [2,000] [2,000]
protective
equipment.......
Program decrease [-15,000]
Realignment to [-1,100,000] [-1,100,000]
OCO.............
Unjustified [-12,000] [-120,000]
growth..........
Unjustified [-75,000]
transfer........
080 LAND FORCES SYSTEMS 417,069 417,069 446,269 29,200 446,269
READINESS..........
UPL MDTF [29,200] [29,200]
INDOPACOM.......
090 LAND FORCES DEPOT 1,633,327 1,633,327 1,633,327 -25,000 1,608,327
MAINTENANCE........
Unjustified [-25,000]
growth..........
100 BASE OPERATIONS 8,047,933 8,032,933 7,951,473 -45,000 8,002,933
SUPPORT............
Army Community [30,000]
Services........
Historical [-46,000]
underexecution..
Revised MHPI [-50,460]
cost share......
Unjustified [-45,000] [-45,000]
growth..........
110 FACILITIES 4,326,840 4,051,840 4,326,840 4,326,840
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Unexecutable [-275,000]
growth..........
120 MANAGEMENT AND 405,612 405,612 405,612 405,612
OPERATIONAL
HEADQUARTERS.......
160 US AFRICA COMMAND... 251,511 251,511 251,511 -8,500 243,011
Unjustified [-8,500]
growth..........
170 US EUROPEAN COMMAND. 146,358 146,358 154,158 146,358
.................... [7,800]
180 US SOUTHERN COMMAND. 191,840 218,340 191,840 18,000 209,840
Multi-Mission [18,000] [18,000]
Support Vessel..
Overland [8,500]
airborne ISR
operations......
190 US FORCES KOREA..... 57,603 57,603 57,603 57,603
200 CYBERSPACE 423,156 423,156 423,156 423,156
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
210 CYBERSPACE 551,185 551,185 551,185 551,185
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 26,393,816 24,707,916 26,334,356 -1,704,698 24,689,118
OPERATING FORCES
MOBILIZATION
220 STRATEGIC MOBILITY.. 380,577 380,577 380,577 380,577
230 ARMY PREPOSITIONED 362,942 362,942 362,942 362,942
STOCKS.............
240 INDUSTRIAL 4,637 4,637 4,637 1,000 5,637
PREPAREDNESS.......
Advanced [1,000]
Manufacturing
COE Tech
Roadmapping.....
SUBTOTAL 748,156 748,156 748,156 1,000 749,156
MOBILIZATION....
TRAINING AND
RECRUITING
250 OFFICER ACQUISITION. 157,175 157,175 157,175 157,175
260 RECRUIT TRAINING.... 55,739 55,739 55,739 55,739
270 ONE STATION UNIT 62,300 62,300 62,300 62,300
TRAINING...........
280 SENIOR RESERVE 538,357 538,357 538,357 538,357
OFFICERS TRAINING
CORPS..............
290 SPECIALIZED SKILL 969,813 969,813 969,813 969,813
TRAINING...........
300 FLIGHT TRAINING..... 1,234,049 1,209,049 1,234,049 1,234,049
Changes to AH- [-25,000]
64E Program.....
310 PROFESSIONAL 218,338 218,338 218,338 218,338
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 554,659 550,659 554,659 -2,000 552,659
Excess travel [-4,000] [-2,000]
request.........
330 RECRUITING AND 716,056 716,056 636,056 -10,000 706,056
ADVERTISING........
Unjustified [-70,000]
growth for
advertising.....
Unjustified [-10,000] [-10,000]
growth for
recruiting......
340 EXAMINING........... 185,034 185,034 185,034 185,034
350 OFF-DUTY AND 214,275 214,275 214,275 214,275
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 147,647 147,647 147,647 147,647
AND TRAINING.......
370 JUNIOR RESERVE 173,812 173,812 173,812 173,812
OFFICER TRAINING
CORPS..............
SUBTOTAL 5,227,254 5,198,254 5,147,254 -12,000 5,215,254
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 559,229 559,229 559,229 559,229
TRANSPORTATION.....
400 CENTRAL SUPPLY 929,944 927,944 929,944 -1,000 928,944
ACTIVITIES.........
Excess personnel [-2,000] [-1,000]
410 LOGISTIC SUPPORT 629,981 629,981 629,981 629,981
ACTIVITIES.........
420 AMMUNITION 458,771 458,771 458,771 -7,000 451,771
MANAGEMENT.........
Unjustified [-7,000]
growth..........
430 ADMINISTRATION...... 428,768 428,768 428,768 -10,000 418,768
Unjustified [-10,000]
growth..........
440 SERVICEWIDE 1,512,736 1,512,736 1,512,736 -40,000 1,472,736
COMMUNICATIONS.....
Program decrease [-40,000]
unaccounted for.
450 MANPOWER MANAGEMENT. 272,738 272,738 272,738 272,738
460 OTHER PERSONNEL 391,869 381,869 363,869 -30,000 361,869
SUPPORT............
Historical [-28,000]
underexecution..
Unjustified [-10,000] [-30,000]
growth..........
470 OTHER SERVICE 1,901,165 1,896,080 1,901,165 -20,000 1,881,165
SUPPORT............
Unjustified [-5,085] [-20,000]
headquarters
growth..........
480 ARMY CLAIMS 198,765 198,765 183,765 -7,500 191,265
ACTIVITIES.........
Historical [-15,000] [-7,500]
underexecution..
490 REAL ESTATE 226,248 226,248 226,248 226,248
MANAGEMENT.........
500 FINANCIAL MANAGEMENT 315,489 310,489 315,489 -23,000 292,489
AND AUDIT READINESS
Program decrease [-23,000]
unaccounted for.
Unjustified [-5,000]
growth to
General Fund
Enterprise
Business System.
510 INTERNATIONAL 427,254 427,254 427,254 427,254
MILITARY
HEADQUARTERS.......
520 MISC. SUPPORT OF 43,248 43,248 43,248 43,248
OTHER NATIONS......
565 CLASSIFIED PROGRAMS. 1,347,053 1,347,053 1,347,053 1,347,053
SUBTOTAL ADMIN & 9,643,258 9,621,173 9,600,258 -138,500 9,504,758
SRVWIDE
ACTIVITIES......
UNDISTRIBUTED
570 UNDISTRIBUTED....... -110,000
Overestimation [-110,000]
of civilian FTE
targets.........
SUBTOTAL -110,000
UNDISTRIBUTED...
TOTAL OPERATION 42,012,484 40,165,499 41,830,024 -1,854,198 40,158,286
& MAINTENANCE,
ARMY...........
OPERATION &
MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT 11,927 11,927 11,927 11,927
BRIGADES...........
020 ECHELONS ABOVE 533,015 533,015 533,015 533,015
BRIGADE............
030 THEATER LEVEL ASSETS 119,517 118,101 119,517 -1,416 118,101
Insufficient [-1,416] [-1,416]
justification...
040 LAND FORCES 550,468 548,268 550,468 -7,000 543,468
OPERATIONS SUPPORT.
Insufficient [-2,200] [-7,000]
justification...
050 AVIATION ASSETS..... 86,670 85,170 86,670 -1,500 85,170
Unjustified [-1,500] [-1,500]
growth..........
060 FORCE READINESS 390,061 388,661 390,061 -1,400 388,661
OPERATIONS SUPPORT.
Excess civilian [-400] [-1,400]
increase........
Excess travel [-1,000]
increase........
070 LAND FORCES SYSTEMS 101,890 101,890 101,890 101,890
READINESS..........
080 LAND FORCES DEPOT 48,503 48,503 48,503 48,503
MAINTENANCE........
090 BASE OPERATIONS 598,907 598,907 598,907 -4,200 594,707
SUPPORT............
Insufficient [-4,200]
justification...
100 FACILITIES 444,376 444,376 444,376 444,376
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
110 MANAGEMENT AND 22,095 22,095 22,095 22,095
OPERATIONAL
HEADQUARTERS.......
120 CYBERSPACE 3,288 3,288 3,288 3,288
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
130 CYBERSPACE 7,655 7,655 7,655 7,655
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 2,918,372 2,911,856 2,918,372 -15,516 2,902,856
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
140 SERVICEWIDE 14,533 14,533 14,533 14,533
TRANSPORTATION.....
150 ADMINISTRATION...... 17,231 17,231 17,231 17,231
160 SERVICEWIDE 14,304 14,304 14,304 14,304
COMMUNICATIONS.....
170 MANPOWER MANAGEMENT. 6,129 6,129 6,129 6,129
180 RECRUITING AND 58,541 58,541 58,541 58,541
ADVERTISING........
SUBTOTAL ADMIN & 110,738 110,738 110,738 110,738
SRVWD ACTIVITIES
200 UNDISTRIBUTED....... -25,000 -25,000
Overestimation [-25,000]
of civilian FTE
targets.........
SUBTOTAL -25,000 -25,000
UNDISTRIBUTED...
TOTAL OPERATION 3,029,110 3,022,594 3,029,110 -40,516 2,988,594
& MAINTENANCE,
ARMY RES.......
OPERATION &
MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS...... 805,671 797,671 805,671 -30,000 775,671
Excess growth... [-8,000] [-30,000]
020 MODULAR SUPPORT 195,334 193,334 195,334 -2,000 193,334
BRIGADES...........
Excess growth... [-2,000] [-2,000]
030 ECHELONS ABOVE 771,048 770,548 771,048 -500 770,548
BRIGADE............
Excess growth... [-500] [-500]
040 THEATER LEVEL ASSETS 94,726 91,826 94,726 -500 94,226
Excess growth... [-2,900] [-500]
050 LAND FORCES 33,696 33,696 33,696 1,489 35,185
OPERATIONS SUPPORT.
Program [1,489]
increase--advanc
ed trauma
training program
060 AVIATION ASSETS..... 981,819 973,819 981,819 -8,000 973,819
Insufficient [-8,000] [-8,000]
justification...
070 FORCE READINESS 743,206 743,206 743,206 743,206
OPERATIONS SUPPORT.
080 LAND FORCES SYSTEMS 50,963 50,963 50,963 50,963
READINESS..........
090 LAND FORCES DEPOT 258,278 249,778 258,278 -4,250 254,028
MAINTENANCE........
Insufficient [-8,500] [-4,250]
justification...
100 BASE OPERATIONS 1,153,076 1,121,576 1,153,076 -20,000 1,133,076
SUPPORT............
Insufficient [-31,500] [-20,000]
justification...
110 FACILITIES 1,113,475 1,033,475 1,120,675 1,113,475
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Damage [7,200]
assessment......
Insufficient [-80,000]
justification...
120 MANAGEMENT AND 1,001,042 987,042 1,001,042 -14,000 987,042
OPERATIONAL
HEADQUARTERS.......
Insufficient [-14,000] [-14,000]
justification...
130 CYBERSPACE 8,448 8,448 8,448 8,448
ACTIVITIES--CYBERSP
ACE OPERATIONS.....
140 CYBERSPACE 7,768 7,768 7,768 7,768
ACTIVITIES--CYBERSE
CURITY.............
SUBTOTAL 7,218,550 7,063,150 7,225,750 -77,761 7,140,789
OPERATING FORCES
210 UNDISTRIBUTED....... -20,000 -20,000
Overestimation [-20,000]
of civilian FTE
targets.........
SUBTOTAL -20,000 -20,000
UNDISTRIBUTED...
ADMIN & SRVWD
ACTIVITIES
150 SERVICEWIDE 9,890 9,890 9,890 9,890
TRANSPORTATION.....
160 ADMINISTRATION...... 71,070 71,070 71,070 71,070
170 SERVICEWIDE 68,213 68,213 68,213 -6,000 62,213
COMMUNICATIONS.....
Program decrease [-6,000]
unaccounted for.
180 MANPOWER MANAGEMENT. 8,628 8,628 8,628 8,628
190 OTHER PERSONNEL 250,376 250,376 247,376 250,376
SUPPORT............
Unjustified [-1,500]
growth for
marketing.......
Unjustified [-1,500]
growth for
recruiting......
200 REAL ESTATE 2,676 2,676 2,676 2,676
MANAGEMENT.........
SUBTOTAL ADMIN & 410,853 410,853 407,853 -6,000 404,853
SRVWD ACTIVITIES
TOTAL OPERATION 7,629,403 7,474,003 7,633,603 -103,761 7,525,642
& MAINTENANCE,
ARNG...........
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 5,309,109 5,029,734 5,309,109 -650,000 4,659,109
FLIGHT OPERATIONS..
Excess growth... [-15,000]
Projected [-50,000] [-50,000]
underexecution..
Realignment to [-214,375] [-600,000]
OCO.............
020 FLEET AIR TRAINING.. 2,284,828 2,234,828 2,284,828 -35,000 2,249,828
Projected [-50,000] [-35,000]
underexecution..
030 AVIATION TECHNICAL 59,299 59,299 59,299 59,299
DATA & ENGINEERING
SERVICES...........
040 AIR OPERATIONS AND 155,896 155,896 155,896 155,896
SAFETY SUPPORT.....
050 AIR SYSTEMS SUPPORT. 719,107 719,107 719,107 719,107
060 AIRCRAFT DEPOT 1,154,181 1,154,181 1,154,181 1,154,181
MAINTENANCE........
070 AIRCRAFT DEPOT 60,402 59,202 60,402 -1,200 59,202
OPERATIONS SUPPORT.
Excess growth... [-1,200] [-1,200]
080 AVIATION LOGISTICS.. 1,241,421 1,219,421 1,241,421 -22,000 1,219,421
Projected [-22,000] [-22,000]
underexecution..
090 MISSION AND OTHER 4,097,262 3,596,262 4,097,262 -550,000 3,547,262
SHIP OPERATIONS....
Realignment to [-450,000] [-450,000]
OCO.............
Unjustified [-51,000] [-100,000]
growth..........
100 SHIP OPERATIONS 1,031,792 1,029,792 1,031,792 -2,000 1,029,792
SUPPORT & TRAINING.
Excess civilian [-2,000] [-2,000]
growth..........
110 SHIP DEPOT 8,061,298 8,895,298 8,875,298 653,000 8,714,298
MAINTENANCE........
Program increase [653,000]
Surface ship [161,000]
maintenance.....
UPL SSN and ship [814,000]
maintenance
increase........
USS Boise....... [310,000]
USS Columbus.... [57,000]
USS Hartford.... [306,000]
120 SHIP DEPOT 2,073,641 2,066,141 2,073,641 -7,500 2,066,141
OPERATIONS SUPPORT.
Insufficient [-7,500] [-7,500]
justification...
130 COMBAT 1,378,856 1,378,856 1,378,856 -14,000 1,364,856
COMMUNICATIONS AND
ELECTRONIC WARFARE.
Unjustified [-14,000]
growth..........
140 SPACE SYSTEMS AND 276,245 273,745 276,245 -2,500 273,745
SURVEILLANCE.......
Unjustified [-2,500] [-2,500]
growth..........
150 WARFARE TACTICS..... 675,209 675,209 675,209 675,209
160 OPERATIONAL 389,516 389,516 389,516 389,516
METEOROLOGY AND
OCEANOGRAPHY.......
170 COMBAT SUPPORT 1,536,310 1,526,310 1,536,310 -410,000 1,126,310
FORCES.............
Realignment to [-400,000]
OCO.............
Unjustified [-10,000] [-10,000]
growth..........
180 EQUIPMENT 161,579 161,579 161,579 161,579
MAINTENANCE AND
DEPOT OPERATIONS
SUPPORT............
190 COMBATANT COMMANDERS 59,521 59,521 59,521 59,521
CORE OPERATIONS....
200 COMBATANT COMMANDERS 93,978 93,978 98,978 5,000 98,978
DIRECT MISSION
SUPPORT............
Posture site [5,000] [5,000]
assessments
INDOPACOM.......
210 MILITARY INFORMATION 8,641 8,641 8,641 8,641
SUPPORT OPERATIONS.
220 CYBERSPACE 496,385 496,385 496,385 496,385
ACTIVITIES.........
230 FLEET BALLISTIC 1,423,339 1,423,339 1,423,339 1,423,339
MISSILE............
240 WEAPONS MAINTENANCE. 924,069 895,032 924,069 -29,037 895,032
Insufficient [-29,037] [-29,037]
justification...
250 OTHER WEAPON SYSTEMS 540,210 540,210 540,210 540,210
SUPPORT............
260 ENTERPRISE 1,131,627 1,081,627 1,131,627 -20,000 1,111,627
INFORMATION........
Unjustified [-50,000] [-20,000]
growth..........
270 SUSTAINMENT, 3,029,634 2,929,634 3,029,634 3,029,634
RESTORATION AND
MODERNIZATION......
Unexecutable [-100,000]
growth..........
280 BASE OPERATING 4,414,943 4,414,943 4,433,783 4,414,943
SUPPORT............
Revised MHPI [18,840]
cost share......
SUBTOTAL 42,788,298 42,567,686 43,626,138 -1,085,237 41,703,061
OPERATING FORCES
MOBILIZATION
290 SHIP PREPOSITIONING 942,902 668,561 942,902 942,902
AND SURGE..........
Realignment to [-9,590]
NDSF (DoD
mobilization
alterations)....
Realignment to [-264,751]
NDSF (LSMR
maintenance)....
300 READY RESERVE FORCE. 352,044 352,044 352,044
Realignment to [-352,044]
NDSF............
310 SHIP ACTIVATIONS/ 427,555 427,555 427,555 427,555
INACTIVATIONS......
320 EXPEDITIONARY HEALTH 137,597 40,730 137,597 137,597
SERVICES SYSTEMS...
Realignment to [-96,867]
NDSF (TAH
maintenance)....
330 COAST GUARD SUPPORT. 24,604 24,604 24,604 24,604
SUBTOTAL 1,884,702 1,161,450 1,884,702 1,884,702
MOBILIZATION....
TRAINING AND
RECRUITING
340 OFFICER ACQUISITION. 150,765 150,765 150,765 150,765
350 RECRUIT TRAINING.... 11,584 11,584 11,584 11,584
360 RESERVE OFFICERS 159,133 159,133 159,133 159,133
TRAINING CORPS.....
370 SPECIALIZED SKILL 911,316 891,316 911,316 -20,000 891,316
TRAINING...........
Insufficient [-20,000] [-20,000]
justification...
380 PROFESSIONAL 185,211 186,261 185,211 1,050 186,261
DEVELOPMENT
EDUCATION..........
Program [1,050] [1,050]
increase: Sea
Cadets..........
390 TRAINING SUPPORT.... 267,224 267,224 267,224 267,224
400 RECRUITING AND 209,252 209,252 189,252 -5,000 204,252
ADVERTISING........
Insufficient [-5,000]
justification...
Unjustified [-20,000]
growth..........
410 OFF-DUTY AND 88,902 88,902 88,902 88,902
VOLUNTARY EDUCATION
420 CIVILIAN EDUCATION 67,492 67,492 67,492 67,492
AND TRAINING.......
430 JUNIOR ROTC......... 55,164 55,164 55,164 55,164
SUBTOTAL 2,106,043 2,087,093 2,086,043 -23,950 2,082,093
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION...... 1,143,358 1,096,733 1,092,358 -40,000 1,103,358
Excess civilian [-14,375]
growth..........
Insufficient [-25,500]
justification--M
HA Transfer.....
Program decrease [-1,000]
Unjustified [-50,000]
audit growth....
Unjustified [-6,750] [-40,000]
growth..........
450 CIVILIAN MANPOWER 178,342 175,342 178,342 -3,000 175,342
AND PERSONNEL
MANAGEMENT.........
Excess civilian [-3,000] [-3,000]
growth..........
460 MILITARY MANPOWER 418,413 418,413 418,413 418,413
AND PERSONNEL
MANAGEMENT.........
490 SERVICEWIDE 157,465 157,465 157,465 157,465
TRANSPORTATION.....
510 PLANNING, 485,397 485,397 490,397 5,000 490,397
ENGINEERING, AND
PROGRAM SUPPORT....
REPO............ [5,000] [5,000]
520 ACQUISITION, 654,137 654,137 654,137 -7,000 647,137
LOGISTICS, AND
OVERSIGHT..........
Unjustified [-7,000]
growth..........
530 INVESTIGATIVE AND 718,061 718,061 718,061 718,061
SECURITY SERVICES..
645 CLASSIFIED PROGRAMS. 591,535 591,535 591,535 591,535
SUBTOTAL ADMIN & 4,346,708 4,297,083 4,300,708 -45,000 4,301,708
SRVWD ACTIVITIES
UNDISTRIBUTED
650 UNDISTRIBUTED....... -30,000 -20,000 -20,000
Overestimation [-30,000] [-20,000]
of civilian FTE
targets.........
SUBTOTAL -30,000 -20,000 -20,000
UNDISTRIBUTED...
TOTAL OPERATION 51,125,751 50,083,312 51,897,591 -1,174,187 49,951,564
& MAINTENANCE,
NAVY...........
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.. 968,224 927,224 968,224 -241,000 727,224
Excess civilian [-1,000] [-1,000]
growth..........
Realignment to [-200,000]
OCO.............
Unjustified [-40,000] [-40,000]
growth..........
020 FIELD LOGISTICS..... 1,278,533 1,269,533 1,278,533 -214,000 1,064,533
Excess civilian [-2,000]
growth..........
Realignment to [-200,000]
OCO.............
Unjustified [-7,000] [-14,000]
growth..........
030 DEPOT MAINTENANCE... 232,991 232,991 232,991 232,991
040 MARITIME 100,396 100,396 100,396 100,396
PREPOSITIONING.....
050 CYBERSPACE 203,580 201,580 203,580 203,580
ACTIVITIES.........
Excess civilian [-2,000]
growth..........
060 SUSTAINMENT, 1,559,034 1,559,034 1,559,034 1,559,034
RESTORATION &
MODERNIZATION......
070 BASE OPERATING 2,253,776 2,213,776 2,253,776 -30,000 2,223,776
SUPPORT............
Excess civilian [-6,000]
growth..........
Unjustified [-34,000] [-30,000]
growth..........
SUBTOTAL 6,596,534 6,504,534 6,596,534 -485,000 6,111,534
OPERATING FORCES
TRAINING AND
RECRUITING
080 RECRUIT TRAINING.... 21,240 21,240 21,240 21,240
090 OFFICER ACQUISITION. 1,168 1,168 1,168 1,168
100 SPECIALIZED SKILL 106,601 106,601 106,601 106,601
TRAINING...........
110 PROFESSIONAL 49,095 49,095 49,095 49,095
DEVELOPMENT
EDUCATION..........
120 TRAINING SUPPORT.... 407,315 403,715 407,315 407,315
Excess civilian [-1,300]
growth..........
Unjustified [-2,300]
growth..........
130 RECRUITING AND 210,475 210,475 210,475 210,475
ADVERTISING........
140 OFF-DUTY AND 42,810 42,810 42,810 42,810
VOLUNTARY EDUCATION
150 JUNIOR ROTC......... 25,183 25,183 25,183 25,183
SUBTOTAL 863,887 860,287 863,887 863,887
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 29,894 29,894 29,894 29,894
TRANSPORTATION.....
170 ADMINISTRATION...... 384,352 383,002 384,352 384,352
Excess civilian [-750]
growth..........
Unjustified [-600]
growth..........
225 CLASSIFIED PROGRAMS. 52,057 52,057 52,057 52,057
SUBTOTAL ADMIN & 466,303 464,953 466,303 466,303
SRVWD ACTIVITIES
TOTAL OPERATION 7,926,724 7,829,774 7,926,724 -485,000 7,441,724
& MAINTENANCE,
MARINE CORPS...
OPERATION &
MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER 654,220 639,220 654,220 -25,000 629,220
FLIGHT OPERATIONS..
Unjustified [-15,000] [-25,000]
growth..........
020 INTERMEDIATE 8,767 8,767 8,767 8,767
MAINTENANCE........
030 AIRCRAFT DEPOT 108,236 108,236 108,236 108,236
MAINTENANCE........
040 AIRCRAFT DEPOT 463 463 463 463
OPERATIONS SUPPORT.
050 AVIATION LOGISTICS.. 26,014 26,014 26,014 26,014
060 SHIP OPERATIONS 583 583 583 583
SUPPORT & TRAINING.
070 COMBAT 17,883 17,883 17,883 17,883
COMMUNICATIONS.....
080 COMBAT SUPPORT 128,079 128,079 128,079 128,079
FORCES.............
090 CYBERSPACE 356 356 356 356
ACTIVITIES.........
100 ENTERPRISE 26,133 26,133 26,133 26,133
INFORMATION........
110 SUSTAINMENT, 35,397 35,397 35,397 35,397
RESTORATION AND
MODERNIZATION......
120 BASE OPERATING 101,376 101,376 101,376 101,376
SUPPORT............
SUBTOTAL 1,107,507 1,092,507 1,107,507 -25,000 1,082,507
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
130 ADMINISTRATION...... 1,888 1,888 1,888 1,888
140 MILITARY MANPOWER 12,778 12,778 12,778 12,778
AND PERSONNEL
MANAGEMENT.........
150 ACQUISITION AND 2,943 2,943 2,943 2,943
PROGRAM MANAGEMENT.
SUBTOTAL ADMIN & 17,609 17,609 17,609 17,609
SRVWD ACTIVITIES
TOTAL OPERATION 1,125,116 1,110,116 1,125,116 -25,000 1,100,116
& MAINTENANCE,
NAVY RES.......
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.... 106,484 106,484 106,484 106,484
020 DEPOT MAINTENANCE... 18,429 18,429 18,429 18,429
030 SUSTAINMENT, 47,516 47,516 47,516 47,516
RESTORATION AND
MODERNIZATION......
040 BASE OPERATING 106,073 106,073 106,073 106,073
SUPPORT............
SUBTOTAL 278,502 278,502 278,502 278,502
OPERATING FORCES
ADMIN & SRVWD
ACTIVITIES
050 ADMINISTRATION...... 13,574 13,574 13,574 13,574
SUBTOTAL ADMIN & 13,574 13,574 13,574 13,574
SRVWD ACTIVITIES
TOTAL OPERATION 292,076 292,076 292,076 292,076
& MAINTENANCE,
MC RESERVE.....
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT 729,127 727,477 729,127 729,127
FORCES.............
Excess travel [-1,650]
costs...........
020 COMBAT ENHANCEMENT 1,318,770 1,318,770 1,318,770 -400,000 918,770
FORCES.............
Realignment to [-400,000]
OCO.............
030 AIR OPERATIONS 1,486,790 1,446,790 1,486,790 -40,000 1,446,790
TRAINING (OJT,
MAINTAIN SKILLS)...
Unjustified [-40,000] [-40,000]
growth..........
040 DEPOT PURCHASE 3,334,792 3,534,792 3,334,792 -35,000 3,299,792
EQUIPMENT
MAINTENANCE........
Readiness [200,000]
restoration.....
Unjustified [-35,000]
growth..........
050 FACILITIES 4,142,435 4,142,435 4,142,435 4,142,435
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
060 CYBERSPACE 228,811 228,811 228,811 228,811
SUSTAINMENT........
070 CONTRACTOR LOGISTICS 8,329,364 8,438,364 8,329,364 18,000 8,347,364
SUPPORT AND SYSTEM
SUPPORT............
Expansion of [18,000] [18,000]
Conditions Based
Maintenance Plus
(CBM+)..........
Readiness [91,000]
restoration.....
080 FLYING HOUR PROGRAM. 4,048,773 3,498,773 4,048,773 -630,000 3,418,773
Realignment to [-550,000] [-550,000]
OCO.............
Unjustified [-80,000]
growth..........
090 BASE OPERATIONS 7,223,982 7,073,982 7,223,982 -290,000 6,933,982
SUPPORT............
Insufficient [-150,000] [-90,000]
justification...
Realignment to [-200,000]
OCO.............
100 GLOBAL C3I AND EARLY 964,553 964,553 964,553 964,553
WARNING............
110 OTHER COMBAT OPS SPT 1,032,307 1,026,161 1,032,307 -6,146 1,026,161
PROGRAMS...........
Unjustified [-6,146] [-6,146]
growth..........
120 CYBERSPACE 670,076 670,076 670,076 670,076
ACTIVITIES.........
140 LAUNCH FACILITIES... 179,980 179,980 179,980 179,980
150 SPACE CONTROL 467,990 464,490 467,990 -3,600 464,390
SYSTEMS............
Insufficient [-3,500] [-3,600]
justification...
160 US NORTHCOM/NORAD... 184,655 184,655 184,655 184,655
170 US STRATCOM......... 478,357 478,357 478,357 478,357
180 US CYBERCOM......... 323,121 323,121 347,921 24,800 347,921
Accelerate [1,500] [1,500]
development of
Cyber National
Mission Force
capabilities....
Cyber National [5,300] [5,300]
Mission Force
mobile & modular
hunt forward kit
ETERNALDARKNESS. [18,000] [18,000]
190 US CENTCOM.......... 160,989 160,989 160,989 160,989
200 US SOCOM............ 6,225 6,225 6,225 6,225
210 US TRANSCOM......... 544 544 544 544
220 CENTCOM CYBERSPACE 2,073 2,073 2,073 2,073
SUSTAINMENT........
230 USSPACECOM.......... 70,588 70,588 70,588 70,588
235 CLASSIFIED PROGRAMS. 1,322,944 1,322,944 1,322,944 -6,250 1,316,694
Unjustified [-6,250]
increase........
SUBTOTAL 36,707,246 36,264,950 36,732,046 -1,368,196 35,339,050
OPERATING FORCES
MOBILIZATION
240 AIRLIFT OPERATIONS.. 1,158,142 1,151,342 1,158,142 1,158,142
Unjustified [-6,800]
growth..........
250 MOBILIZATION 138,672 130,172 138,672 -8,500 130,172
PREPAREDNESS.......
Unjustified [-8,500] [-8,500]
growth..........
SUBTOTAL 1,296,814 1,281,514 1,296,814 -8,500 1,288,314
MOBILIZATION....
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION. 130,835 130,835 130,835 130,835
270 RECRUIT TRAINING.... 26,021 26,021 26,021 26,021
280 RESERVE OFFICERS 121,391 121,391 121,391 121,391
TRAINING CORPS
(ROTC).............
290 SPECIALIZED SKILL 454,539 449,539 454,539 -40,000 414,539
TRAINING...........
Insufficient [-5,000]
justification...
Unjustified [-40,000]
growth..........
300 FLIGHT TRAINING..... 600,565 600,565 600,565 600,565
310 PROFESSIONAL 282,788 282,788 282,788 282,788
DEVELOPMENT
EDUCATION..........
320 TRAINING SUPPORT.... 123,988 119,988 123,988 -10,000 113,988
Unjustified [-4,000] [-10,000]
growth..........
330 RECRUITING AND 167,731 167,731 161,731 -5,000 162,731
ADVERTISING........
Unjustified [-6,000] [-5,000]
growth..........
340 EXAMINING........... 4,576 4,576 4,576 4,576
350 OFF-DUTY AND 211,911 211,911 211,911 211,911
VOLUNTARY EDUCATION
360 CIVILIAN EDUCATION 219,021 219,021 219,021 219,021
AND TRAINING.......
370 JUNIOR ROTC......... 62,092 62,092 62,092 62,092
SUBTOTAL 2,405,458 2,396,458 2,399,458 -55,000 2,350,458
TRAINING AND
RECRUITING......
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS 664,926 664,926 664,926 664,926
390 TECHNICAL SUPPORT 101,483 101,483 101,483 101,483
ACTIVITIES.........
400 ADMINISTRATION...... 892,480 892,480 892,480 892,480
410 SERVICEWIDE 152,532 152,532 152,532 -30,000 122,532
COMMUNICATIONS.....
Insufficient [-30,000]
justification...
420 OTHER SERVICEWIDE 1,254,089 1,254,089 1,254,089 -50,000 1,204,089
ACTIVITIES.........
Program decrease [-20,000]
unaccounted for.
Remove one-time [-30,000]
fiscal year 2019
increase........
430 CIVIL AIR PATROL.... 30,070 37,200 30,070 7,130 37,200
Improved [7,130] [7,130]
emergency crew
readiness.......
460 INTERNATIONAL 136,110 136,110 136,110 136,110
SUPPORT............
465 CLASSIFIED PROGRAMS. 1,269,624 1,269,624 1,269,624 1,269,624
SUBTOTAL ADMIN & 4,501,314 4,508,444 4,501,314 -72,870 4,428,444
SRVWD ACTIVITIES
TOTAL OPERATION 44,910,832 44,451,366 44,929,632 -1,504,566 43,406,266
& MAINTENANCE,
AIR FORCE......
OPERATION &
MAINTENANCE, SPACE
FORCE
UNDISTRIBUTED
010 BASE SUPPORT........ 72,436 15,000 72,436 72,436
Insufficient [-57,436]
justification...
SUBTOTAL 72,436 15,000 72,436 72,436
OPERATING FORCES
TOTAL OPERATION 72,436 15,000 72,436 72,436
& MAINTENANCE,
SPACE FORCE....
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT 1,781,413 1,739,288 1,781,413 -25,000 1,756,413
FORCES.............
Delay in KC-46 [-31,492] [-25,000]
aircraft
delivery........
Excess growth... [-10,633]
020 MISSION SUPPORT 209,650 204,150 209,650 -5,500 204,150
OPERATIONS.........
Insufficient [-5,500]
justification...
Unjustified [-5,500]
growth..........
030 DEPOT PURCHASE 494,235 484,235 494,235 -10,000 484,235
EQUIPMENT
MAINTENANCE........
Excess growth... [-10,000] [-10,000]
040 FACILITIES 128,746 128,746 128,746 128,746
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
050 CONTRACTOR LOGISTICS 256,512 256,512 256,512 256,512
SUPPORT AND SYSTEM
SUPPORT............
060 BASE SUPPORT........ 414,626 414,626 414,626 414,626
070 CYBERSPACE 1,673 1,673 1,673 1,673
ACTIVITIES.........
SUBTOTAL 3,286,855 3,229,230 3,286,855 -40,500 3,246,355
OPERATING FORCES
ADMINISTRATION AND
SERVICEWIDE
ACTIVITIES
UNDISTRIBUTED
080 ADMINISTRATION...... 69,436 69,436 69,436 69,436
090 RECRUITING AND 22,124 22,124 22,124 22,124
ADVERTISING........
100 MILITARY MANPOWER 10,946 10,946 10,946 10,946
AND PERS MGMT
(ARPC).............
110 OTHER PERS SUPPORT 7,009 7,009 7,009 7,009
(DISABILITY COMP)..
120 AUDIOVISUAL......... 448 448 448 448
SUBTOTAL 109,963 109,963 109,963 109,963
ADMINISTRATION
AND SERVICEWIDE
ACTIVITIES......
TOTAL OPERATION 3,396,818 3,339,193 3,396,818 -40,500 3,356,318
& MAINTENANCE,
AF RESERVE.....
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS. 2,497,967 2,414,000 2,497,967 -25,000 2,472,967
Delay in KC-46 [-5,267] [-25,000]
aircraft
delivery........
Insufficient [-78,700]
justification...
020 MISSION SUPPORT 600,377 585,377 600,377 -15,000 585,377
OPERATIONS.........
Insufficient [-15,000] [-15,000]
justification...
030 DEPOT PURCHASE 879,467 872,467 879,467 879,467
EQUIPMENT
MAINTENANCE........
Excess growth... [-7,000]
040 FACILITIES 400,734 395,134 400,734 400,734
SUSTAINMENT,
RESTORATION &
MODERNIZATION......
Insufficient [-5,600]
justification...
050 CONTRACTOR LOGISTICS 1,299,089 1,290,089 1,299,089 1,299,089
SUPPORT AND SYSTEM
SUPPORT............
Excess growth... [-9,000]
060 BASE SUPPORT........ 911,775 901,775 911,775 911,775
Insufficient [-10,000]
justification...
070 CYBERSPACE 24,742 24,742 24,742 24,742
SUSTAINMENT........
080 CYBERSPACE 25,507 25,507 25,507 25,507
ACTIVITIES.........
SUBTOTAL 6,639,658 6,509,091 6,639,658 -40,000 6,599,658
OPERATING FORCES
ADMINISTRATION AND
SERVICE-WIDE
ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION...... 47,215 47,215 47,215 47,215
100 RECRUITING AND 40,356 40,356 40,356 40,356
ADVERTISING........
SUBTOTAL 87,571 87,571 87,571 87,571
ADMINISTRATION
AND SERVICE-WIDE
ACTIVITIES......
110 UNDISTRIBUTED....... -30,000 -30,000
Maintain program [-30,000]
affordability:
Overestimation
of civilian FTE
targets.........
SUBTOTAL -30,000 -30,000
UNDISTRIBUTED...
TOTAL OPERATION 6,727,229 6,596,662 6,727,229 -70,000 6,657,229
& MAINTENANCE,
ANG............
OPERATION AND
MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF 409,542 409,542 409,542 -17,000 392,542
STAFF..............
Program decrease [-12,000]
unaccounted for.
Remove one-time [-5,000]
fiscal year 2019
costs...........
020 JOINT CHIEFS OF 579,179 579,179 579,179 579,179
STAFF--CE2T2.......
030 JOINT CHIEFS OF 24,598 24,598 24,598 24,598
STAFF--CYBER.......
040 SPECIAL OPERATIONS 1,075,762 1,075,762 1,075,762 -5,500 1,070,262
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES.........
Classified [-5,500]
adjustment......
050 SPECIAL OPERATIONS 14,409 14,409 14,409 14,409
COMMAND CYBERSPACE
ACTIVITIES.........
060 SPECIAL OPERATIONS 501,747 486,747 501,747 -14,794 486,953
COMMAND
INTELLIGENCE.......
DCGS--SOF - [-5,794]
excess to need..
Program [-9,000] [-9,000]
decrease--SOCRAT
ES..............
Unjustified [-6,000]
growth--DCGS....
070 SPECIAL OPERATIONS 559,300 544,300 559,300 -15,000 544,300
COMMAND MAINTENANCE
Projected [-15,000] [-15,000]
underexecution..
080 SPECIAL OPERATIONS 177,928 167,928 177,928 177,928
COMMAND MANAGEMENT/
OPERATIONAL
HEADQUARTERS.......
Program decrease [-10,000]
090 SPECIAL OPERATIONS 925,262 889,262 925,262 -25,500 899,762
COMMAND OPERATIONAL
SUPPORT............
Base support [-6,000] [-5,900]
underexecution..
Operational [-10,000] [-9,600]
support
underexecution..
Program decrease [-10,000]
Unjustified [-10,000] [-10,000]
growth--C4IAS
Saas............
100 SPECIAL OPERATIONS 2,764,738 2,709,738 2,764,738 -514,700 2,250,038
COMMAND THEATER
FORCES.............
Program decrease [-70,000] [-14,700]
Program [15,000]
increase--suicid
e prevention....
Realignment to [-500,000]
OCO.............
SUBTOTAL 7,032,465 6,901,465 7,032,465 -592,494 6,439,971
OPERATING FORCES
TRAINING AND
RECRUITING
120 DEFENSE ACQUISITION 180,250 180,250 180,250 180,250
UNIVERSITY.........
130 JOINT CHIEFS OF 100,610 100,610 100,610 100,610
STAFF..............
140 PROFESSIONAL 33,967 33,967 33,967 33,967
DEVELOPMENT
EDUCATION..........
SUBTOTAL 314,827 314,827 314,827 314,827
TRAINING AND
RECRUITING......
ADMIN & SRVWIDE
ACTIVITIES
160 CIVIL MILITARY 165,707 245,707 195,007 94,300 260,007
PROGRAMS...........
IRT Increase.... [14,300] [14,300]
National Guard [50,000] [50,000]
Youth Challenge
Program support.
Program [30,000] [30,000]
increase--STARBA
SE..............
Starbase........ [15,000]
180 DEFENSE CONTRACT 627,467 627,467 627,467 627,467
AUDIT AGENCY.......
190 DEFENSE CONTRACT 3,362 3,362 3,362 3,362
AUDIT AGENCY--CYBER
200 DEFENSE CONTRACT 1,438,068 1,413,068 1,438,068 -20,000 1,418,068
MANAGEMENT AGENCY..
Program decrease [-25,000] [-20,000]
210 DEFENSE CONTRACT 24,391 24,391 24,391 24,391
MANAGEMENT AGENCY--
CYBER..............
220 DEFENSE HUMAN 892,438 911,842 892,438 -10,000 882,438
RESOURCES ACTIVITY.
Chinese language [13,404]
and culture
studies within
the Defense
Language and
National
Security
Education Office
Defense Manpower [-5,000]
Data Center--
Excess Growth...
Enterprise [-5,000]
Operations
Center--Excess
Growth..........
Program [6,000]
increase--nation
al flagship
language
initiative......
230 DEFENSE INFORMATION 2,012,885 2,028,022 2,007,885 -20,000 1,992,885
SYSTEMS AGENCY.....
MilCloud........ [-5,000]
Realignment for [35,137]
Sharkseer.......
Unjustified [-20,000] [-20,000]
growth..........
240 DEFENSE INFORMATION 601,223 601,223 636,360 35,137 636,360
SYSTEMS AGENCY--
CYBER..............
Sharkseer [35,137] [35,137]
transfer........
270 DEFENSE LEGAL 34,632 34,632 34,632 34,632
SERVICES AGENCY....
280 DEFENSE LOGISTICS 415,699 430,199 415,699 19,500 435,199
AGENCY.............
Excess growth... [-5,000]
Program [19,500] [19,500]
increase--PTAP..
290 DEFENSE MEDIA 202,792 196,792 202,792 202,792
ACTIVITY...........
Program decrease [-6,000]
300 DEFENSE PERSONNEL 144,881 144,881 144,881 144,881
ACCOUNTING AGENCY..
310 DEFENSE SECURITY 696,884 667,884 696,884 -30,000 666,884
COOPERATION AGENCY.
Assessment, [11,000] [11,000]
monitoring, and
evaluation......
Security [-11,000] [-11,000]
cooperation
account.........
Unjustified [-29,000] [-30,000]
growth..........
320 DEFENSE SECURITY 889,664 894,871 899,664 889,664
SERVICE............
Advanced cyber [5,207]
threat detection
sensors, hunt
and response
mechanisms, and
commercial cyber
threat
intelligence....
Consolidated [10,000]
Adjudication
Facility........
340 DEFENSE SECURITY 9,220 9,220 9,220 9,220
SERVICE--CYBER.....
360 DEFENSE TECHNICAL 3,000 3,000 3,000 3,000
INFORMATION CENTER.
370 DEFENSE TECHNOLOGY 35,626 35,626 35,626 35,626
SECURITY
ADMINISTRATION.....
380 DEFENSE THREAT 568,133 568,133 568,133 568,133
REDUCTION AGENCY...
400 DEFENSE THREAT 13,339 13,339 13,339 13,339
REDUCTION AGENCY--
CYBER..............
410 DEPARTMENT OF 2,932,226 2,992,226 2,982,226 -20,000 2,912,226
DEFENSE EDUCATION
ACTIVITY...........
Impact aid for [10,000]
children with
severe
disabilities....
Impact aid for [40,000]
schools with
military
dependent
students........
Remove one-time [-50,000]
fiscal year 2019
increase........
Overestimation [-20,000]
of civilian FTE
targets.........
Program [10,000] [10,000]
increase--impact
aid for children
with severe
disabilites.....
Program [40,000] [40,000]
increase--impact
aid to schools
with military
dependents......
Program [10,000]
increase--suppor
t to local
educational
agencies that
serve military
communities and
families........
420 MISSILE DEFENSE 522,529 522,529 422,729 -12,670 509,859
AGENCY.............
THAAD prior year [-12,670]
under-execution.
THAAD Program [-99,800]
Transfer to Army
450 OFFICE OF ECONOMIC 59,513 114,913 59,513 75,000 134,513
ADJUSTMENT.........
Civilian growth. [400]
Defense [50,000] [75,000]
Community
Infrastructure
Program (DCIP)..
Program [5,000]
increase--milita
ry aviation
noise pilot
program.........
460 OFFICE OF THE 1,604,738 1,491,476 1,678,738 21,000 1,625,738
SECRETARY OF
DEFENSE............
Basic Needs [15,000]
Allowance for
low-income
regular members.
Bien Hoa dioxin [15,000] [15,000]
cleanup.........
CDC study....... [10,000] [10,000]
Commission on [5,000]
Synthetic Opioid
Trafficking.....
Emerging [1,000] [1,000]
contaminants....
European Center [2,000]
of Excellence
for Countering
Hybrid Threats..
Excess growth... [-58,839] [-37,000]
Increase to [7,000]
OUSD(A&S)--JASON
s...............
Industrial [15,000]
policy
implementation
of EO13806......
Interstate [4,000] [4,000]
compacts for
licensure and
credentialing...
Military [3,000] [3,000] [3,000]
aviation safety
commission......
National [1,000]
Commission on
Military,
National, and
Public Service..
Pilot program to [1,000]
fund non-profit
organizations
supporting
military
families........
Program decrease [-104,000]
Program [5,000]
increase--Defens
e Suicide
Prevention
Office and
National Guard
suicide
prevention pilot
program.........
Readiness and [25,000] [25,000] [25,000]
Environmental
Protection
Initiative
increase........
Reduction to [-7,000]
OUSD(R&E)--JASON
s...............
Unjustified [-6,423]
growth..........
470 OFFICE OF THE 48,783 48,783 48,783 48,783
SECRETARY OF
DEFENSE--CYBER.....
480 SPACE DEVELOPMENT 44,750 44,750 44,750 -10,000 34,750
AGENCY.............
Insufficient [-10,000]
justification...
500 WASHINGTON 324,001 296,201 329,001 -27,800 296,201
HEADQUARTERS
SERVICES...........
Defense Digital [5,000]
Service Hires...
Insufficient [-27,800] [-27,800]
justification...
505 CLASSIFIED PROGRAMS. 15,816,598 15,755,461 15,816,598 -59,141 15,757,457
Classified [-26,000] [-24,004]
adjustment......
Realignment to [-35,137] [-35,137]
DISA for
Sharkseer.......
SUBTOTAL ADMIN & 30,132,549 30,119,998 30,231,186 35,326 30,167,875
SRVWIDE
ACTIVITIES......
TOTAL OPERATION 37,479,841 37,273,790 37,578,478 -557,168 36,922,673
AND
MAINTENANCE,
DEFENSE-WIDE...
UNDISTRIBUTED
510 UNDISTRIBUTED....... -62,500
Undistributed [-62,500]
reduction.......
SUBTOTAL -62,500
UNDISTRIBUTED...
TOTAL OPERATION -206,051 98,637 -557,168 -557,168
& MAINTENANCE,
DEFENSE-WIDE...
US COURT OF APPEALS
FOR ARMED FORCES,
DEF
ADMINISTRATION AND
ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS 14,771 14,771 14,771 14,771
FOR THE ARMED
FORCES, DEFENSE....
SUBTOTAL 14,771 14,771 14,771 14,771
ADMINISTRATION
AND ASSOCIATED
ACTIVITIES......
TOTAL US COURT 14,771 14,771 14,771 14,771
OF APPEALS FOR
ARMED FORCES,
DEF............
DOD ACQUISITION
WORKFORCE
DEVELOPMENT FUND
ACQUISITION
WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD 400,000 375,000 400,000 400,000
Program decrease [-25,000]
SUBTOTAL 400,000 375,000 400,000 400,000
ACQUISITION
WORKFORCE
DEVELOPMENT.....
TOTAL DOD 400,000 375,000 400,000 400,000
ACQUISITION
WORKFORCE
DEVELOPMENT
FUND...........
OVERSEAS
HUMANITARIAN,
DISASTER, AND CIVIC
AID
HUMANITARIAN
ASSISTANCE
010 OVERSEAS 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN,
DISASTER AND CIVIC
AID................
Increase for [6,822]
foreign disaster
relief..........
Increase for [2,200] [2,241]
humanitarian
mine action
program.........
SUBTOTAL 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN
ASSISTANCE......
TOTAL OVERSEAS 108,600 110,800 108,600 9,063 117,663
HUMANITARIAN,
DISASTER, AND
CIVIC AID......
COOPERATIVE THREAT
REDUCTION ACCOUNT
COOPERATIVE THREAT
REDUCTION
010 COOPERATIVE THREAT 338,700 358,700 338,700 20,000 358,700
REDUCTION..........
Cooperative [20,000] [20,000]
biological
engagement......
SUBTOTAL 338,700 358,700 338,700 20,000 358,700
COOPERATIVE
THREAT REDUCTION
TOTAL 338,700 358,700 338,700 20,000 358,700
COOPERATIVE
THREAT
REDUCTION
ACCOUNT........
ENVIRONMENTAL
RESTORATION, ARMY
DEPARTMENT OF THE
ARMY
050 ENVIRONMENTAL 207,518 235,809 207,518 5,000 212,518
RESTORATION, ARMY..
Perfluorinated [28,291] [5,000]
chemicals.......
SUBTOTAL 207,518 235,809 207,518 5,000 212,518
DEPARTMENT OF
THE ARMY........
TOTAL 207,518 353,721 207,518 83,064 290,582
ENVIRONMENTAL
RESTORATION,
ARMY...........
ENVIRONMENTAL
RESTORATION, NAVY
DEPARTMENT OF THE
NAVY
060 ENVIRONMENTAL 335,932 375,883 335,932 15,000 350,932
RESTORATION, NAVY..
Closed [10,000]
detonation
chambers........
Perfluorinated [29,951] [5,000]
chemicals.......
Unexploded [10,000]
ordnance
remediation.....
SUBTOTAL 335,932 375,883 335,932 15,000 350,932
DEPARTMENT OF
THE NAVY........
TOTAL 335,932 482,135 335,932 83,064 418,996
ENVIRONMENTAL
RESTORATION,
NAVY...........
ENVIRONMENTAL
RESTORATION, AIR
FORCE
DEPARTMENT OF THE
AIR FORCE
070 ENVIRONMENTAL 302,744 365,808 302,744 63,064 365,808
RESTORATION, AIR
FORCE..............
Perfluorinated [63,064] [63,064]
chemicals.......
SUBTOTAL 302,744 365,808 302,744 63,064 365,808
DEPARTMENT OF
THE AIR FORCE...
TOTAL 302,744 448,947 302,744 83,064 385,808
ENVIRONMENTAL
RESTORATION,
AIR FORCE......
ENVIRONMENTAL
RESTORATION,
DEFENSE-WIDE
080 ENVIRONMENTAL 9,105 24,002 9,105 9,105
RESTORATION,
DEFENSE-WIDE.......
Detection of [5,000]
perfluorinated
compounds.......
Perfluorinated [9,897]
chemicals.......
SUBTOTAL DEFENSE- 9,105 24,002 9,105 9,105
WIDE............
TOTAL 9,105 155,308 9,105 83,064 92,169
ENVIRONMENTAL
RESTORATION,
DEFENSE-WIDE...
ENVIRONMENTAL
RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL 216,499 216,499 216,499 216,499
RESTORATION
FORMERLY USED SITES
SUBTOTAL DEFENSE- 216,499 216,499 216,499 216,499
WIDE............
TOTAL 216,499 216,499 216,499 216,499
ENVIRONMENTAL
RESTORATION
FORMERLY USED
SITES..........
TOTAL OPERATION 207,661,689 203,963,215 208,471,343 -6,050,745 201,610,944
& MAINTENANCE..
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Line Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION &
MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS........ 1,410,874 1,410,874 1,410,874 260,548 1,671,422
Realignment from [260,548]
base..............
030 ECHELONS ABOVE BRIGADE 26,502 26,502 26,502 26,502
040 THEATER LEVEL ASSETS.. 2,274,490 2,274,490 2,274,490 -15,000 2,259,490
Unjustified growth [-15,000]
050 LAND FORCES OPERATIONS 136,288 136,288 136,288 136,288
SUPPORT..............
060 AVIATION ASSETS....... 300,240 300,240 300,240 300,240
070 FORCE READINESS 3,415,009 4,515,009 3,415,009 1,095,000 4,510,009
OPERATIONS SUPPORT...
Insufficient [-5,000]
justification.....
Realignment from [1,100,000] [1,100,000]
base..............
080 LAND FORCES SYSTEMS 29,985 29,985 29,985 29,985
READINESS............
090 LAND FORCES DEPOT 86,931 86,931 86,931 86,931
MAINTENANCE..........
100 BASE OPERATIONS 115,706 115,706 115,706 115,706
SUPPORT..............
110 FACILITIES 72,657 72,657 72,657 72,657
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
130 ADDITIONAL ACTIVITIES. 6,397,586 6,397,586 6,397,586 -12,000 6,385,586
Insufficient [-12,000]
justification.....
140 COMMANDER'S EMERGENCY 5,000 5,000 -2,500 2,500
RESPONSE PROGRAM.....
Insufficient [-2,500]
justification.....
Realignment of [-5,000]
redress and loss
funding...........
150 RESET................. 1,048,896 1,048,896 1,048,896 1,048,896
160 US AFRICA COMMAND..... 203,174 203,174 203,174 203,174
170 US EUROPEAN COMMAND... 173,676 173,676 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529 188,529 188,529
CYBERSPACE OPERATIONS
210 CYBERSPACE ACTIVITIES-- 5,682 5,682 5,682 5,682
CYBERSECURITY........
SUBTOTAL OPERATING 15,891,225 16,986,225 15,891,225 1,326,048 17,217,273
FORCES............
MOBILIZATION
230 ARMY PREPOSITIONED 131,954 131,954 131,954 131,954
STOCKS...............
SUBTOTAL 131,954 131,954 131,954 131,954
MOBILIZATION......
ADMIN & SRVWIDE
ACTIVITIES
390 SERVICEWIDE 721,014 721,014 721,014 721,014
TRANSPORTATION.......
400 CENTRAL SUPPLY 66,845 66,845 66,845 66,845
ACTIVITIES...........
410 LOGISTIC SUPPORT 9,309 9,309 9,309 9,309
ACTIVITIES...........
420 AMMUNITION MANAGEMENT. 23,653 23,653 23,653 23,653
460 OTHER PERSONNEL 109,019 109,019 109,019 109,019
SUPPORT..............
490 REAL ESTATE MANAGEMENT 251,355 251,355 251,355 251,355
565 CLASSIFIED PROGRAMS... 1,568,564 1,568,564 1,568,564 1,568,564
SUBTOTAL ADMIN & 2,749,759 2,749,759 2,749,759 2,749,759
SRVWIDE ACTIVITIES
TOTAL OPERATION & 18,772,938 19,867,938 18,772,938 1,326,048 20,098,986
MAINTENANCE, ARMY
OPERATION &
MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE 20,440 20,440 20,440 20,440
060 FORCE READINESS 689 689 689 689
OPERATIONS SUPPORT...
090 BASE OPERATIONS 16,463 16,463 16,463 16,463
SUPPORT..............
SUBTOTAL OPERATING 37,592 37,592 37,592 37,592
FORCES............
TOTAL OPERATION & 37,592 37,592 37,592 37,592
MAINTENANCE, ARMY
RES..............
OPERATION &
MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS........ 45,896 45,896 45,896 45,896
020 MODULAR SUPPORT 180 180 180 180
BRIGADES.............
030 ECHELONS ABOVE BRIGADE 2,982 2,982 2,982 2,982
040 THEATER LEVEL ASSETS.. 548 548 548 548
060 AVIATION ASSETS....... 9,229 9,229 9,229 9,229
070 FORCE READINESS 1,584 1,584 1,584 1,584
OPERATIONS SUPPORT...
100 BASE OPERATIONS 22,063 22,063 22,063 22,063
SUPPORT..............
120 MANAGEMENT AND 606 606 606 606
OPERATIONAL
HEADQUARTERS.........
SUBTOTAL OPERATING 83,088 83,088 83,088 83,088
FORCES............
ADMIN & SRVWD
ACTIVITIES
170 SERVICEWIDE 203 203 203 203
COMMUNICATIONS.......
SUBTOTAL ADMIN & 203 203 203 203
SRVWD ACTIVITIES..
TOTAL OPERATION & 83,291 83,291 83,291 83,291
MAINTENANCE, ARNG
AFGHANISTAN SECURITY
FORCES FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT........... 1,313,047 1,313,047 1,313,047 1,313,047
100 INFRASTRUCTURE........ 37,152 37,152 37,152 37,152
110 EQUIPMENT AND 120,868 120,868 120,868 120,868
TRANSPORTATION.......
120 TRAINING AND 118,591 118,591 118,591 118,591
OPERATIONS...........
SUBTOTAL AFGHAN 1,589,658 1,589,658 1,589,658 1,589,658
NATIONAL ARMY.....
AFGHAN NATIONAL POLICE
130 SUSTAINMENT........... 422,806 422,806 422,806 422,806
140 INFRASTRUCTURE........ 2,358 2,358 2,358 2,358
150 EQUIPMENT AND 127,081 127,081 127,081 127,081
TRANSPORTATION.......
160 TRAINING AND 108,112 108,112 108,112 108,112
OPERATIONS...........
SUBTOTAL AFGHAN 660,357 660,357 660,357 660,357
NATIONAL POLICE...
AFGHAN AIR FORCE
170 SUSTAINMENT........... 893,829 893,829 893,829 893,829
180 INFRASTRUCTURE........ 8,611 8,611 8,611 8,611
190 EQUIPMENT AND 566,967 566,967 566,967 566,967
TRANSPORTATION.......
200 TRAINING AND 356,108 356,108 356,108 356,108
OPERATIONS...........
SUBTOTAL AFGHAN 1,825,515 1,825,515 1,825,515 1,825,515
AIR FORCE.........
AFGHAN SPECIAL
SECURITY FORCES
210 SUSTAINMENT........... 437,909 437,909 437,909 437,909
220 INFRASTRUCTURE........ 21,131 21,131 21,131 21,131
230 EQUIPMENT AND 153,806 153,806 153,806 153,806
TRANSPORTATION.......
240 TRAINING AND 115,602 115,602 115,602 115,602
OPERATIONS...........
SUBTOTAL AFGHAN 728,448 728,448 728,448 728,448
SPECIAL SECURITY
FORCES............
UNDISTRIBUTED
245 UNDISTRIBUTED......... -300,000 -300,000 -300,000
Unjustified [-300,000] [-300,000]
request...........
SUBTOTAL -300,000 -300,000 -300,000
UNDISTRIBUTED.....
TOTAL AFGHANISTAN 4,803,978 4,503,978 4,803,978 -300,000 4,503,978
SECURITY FORCES
FUND.............
COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF)
010 IRAQ.................. 745,000 663,000 645,000 -200,000 545,000
Program decrease.. [-100,000]
Transfer to DSCA [-100,000] [-100,000]
Security
Cooperation.......
Unjustified growth [-82,000]
020 SYRIA................. 300,000 300,000 300,000 300,000
030 BORDER SECURITY....... 250,000
Realignment of [250,000]
CTEF border
security funding..
SUBTOTAL COUNTER 1,045,000 1,213,000 945,000 -200,000 845,000
ISIS TRAIN AND
EQUIP FUND (CTEF).
TOTAL COUNTER 1,045,000 1,213,000 945,000 -200,000 845,000
ISIS TRAIN AND
EQUIP FUND (CTEF)
OPERATION &
MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER 373,047 587,422 373,047 600,000 973,047
FLIGHT OPERATIONS....
Realignment from [214,375] [600,000]
base..............
030 AVIATION TECHNICAL 816 816 816 816
DATA & ENGINEERING
SERVICES.............
040 AIR OPERATIONS AND 9,582 9,582 9,582 9,582
SAFETY SUPPORT.......
050 AIR SYSTEMS SUPPORT... 197,262 197,262 197,262 197,262
060 AIRCRAFT DEPOT 168,246 168,246 168,246 168,246
MAINTENANCE..........
070 AIRCRAFT DEPOT 3,594 3,594 3,594 3,594
OPERATIONS SUPPORT...
080 AVIATION LOGISTICS.... 10,618 10,618 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108 1,485,108 450,000 1,935,108
OPERATIONS...........
Realignment from [450,000] [450,000]
base..............
100 SHIP OPERATIONS 20,334 20,334 20,334 20,334
SUPPORT & TRAINING...
110 SHIP DEPOT MAINTENANCE 2,365,615 2,365,615 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS 58,092 58,092 58,092 58,092
AND ELECTRONIC
WARFARE..............
140 SPACE SYSTEMS AND 18,000 18,000 18,000 18,000
SURVEILLANCE.........
150 WARFARE TACTICS....... 16,984 16,984 16,984 16,984
160 OPERATIONAL 29,382 29,382 29,382 29,382
METEOROLOGY AND
OCEANOGRAPHY.........
170 COMBAT SUPPORT FORCES. 608,870 608,870 608,870 400,000 1,008,870
Realignment from [400,000]
base..............
180 EQUIPMENT MAINTENANCE 7,799 7,799 7,799 7,799
AND DEPOT OPERATIONS
SUPPORT..............
200 COMBATANT COMMANDERS 24,800 24,800 24,800 24,800
DIRECT MISSION
SUPPORT..............
220 CYBERSPACE ACTIVITIES. 363 363 363 363
240 WEAPONS MAINTENANCE... 486,188 486,188 486,188 486,188
250 OTHER WEAPON SYSTEMS 12,189 12,189 12,189 12,189
SUPPORT..............
270 SUSTAINMENT, 68,667 68,667 68,667 68,667
RESTORATION AND
MODERNIZATION........
280 BASE OPERATING SUPPORT 219,099 219,099 219,099 219,099
SUBTOTAL OPERATING 6,184,655 6,849,030 6,184,655 1,450,000 7,634,655
FORCES............
MOBILIZATION
320 EXPEDITIONARY HEALTH 17,580 17,580 17,580 17,580
SERVICES SYSTEMS.....
330 COAST GUARD SUPPORT... 190,000 190,000 190,000 190,000
SUBTOTAL 207,580 207,580 207,580 207,580
MOBILIZATION......
TRAINING AND
RECRUITING
370 SPECIALIZED SKILL 52,161 52,161 52,161 52,161
TRAINING.............
SUBTOTAL TRAINING 52,161 52,161 52,161 52,161
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
440 ADMINISTRATION........ 8,475 8,475 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653 7,653 7,653
PERSONNEL MANAGEMENT.
490 SERVICEWIDE 70,683 70,683 70,683 70,683
TRANSPORTATION.......
520 ACQUISITION, 11,130 11,130 11,130 11,130
LOGISTICS, AND
OVERSIGHT............
530 INVESTIGATIVE AND 1,559 1,559 1,559 1,559
SECURITY SERVICES....
645 CLASSIFIED PROGRAMS... 17,754 17,754 17,754 17,754
SUBTOTAL ADMIN & 117,254 117,254 117,254 117,254
SRVWD ACTIVITIES..
TOTAL OPERATION & 6,561,650 7,226,025 6,561,650 1,450,000 8,011,650
MAINTENANCE, NAVY
OPERATION &
MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES.... 714,653 714,653 714,653 200,000 914,653
Realignment from [200,000]
base..............
020 FIELD LOGISTICS....... 232,508 232,508 232,508 200,000 432,508
Realignment from [200,000]
base..............
030 DEPOT MAINTENANCE..... 54,101 54,101 54,101 54,101
050 CYBERSPACE ACTIVITIES. 2,000 2,000 2,000 2,000
060 SUSTAINMENT, 340,000
RESTORATION &
MODERNIZATION........
Disaster recovery [340,000]
increase..........
070 BASE OPERATING SUPPORT 24,570 24,570 24,570 24,570
SUBTOTAL OPERATING 1,027,832 1,027,832 1,367,832 400,000 1,427,832
FORCES............
TRAINING AND
RECRUITING
120 TRAINING SUPPORT...... 30,459 30,459 30,459 30,459
SUBTOTAL TRAINING 30,459 30,459 30,459 30,459
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
160 SERVICEWIDE 61,400 61,400 61,400 61,400
TRANSPORTATION.......
225 CLASSIFIED PROGRAMS... 5,100 5,100 5,100 5,100
SUBTOTAL ADMIN & 66,500 66,500 66,500 66,500
SRVWD ACTIVITIES..
TOTAL OPERATION & 1,124,791 1,124,791 1,464,791 400,000 1,524,791
MAINTENANCE,
MARINE CORPS.....
OPERATION &
MAINTENANCE, NAVY RES
OPERATING FORCES
020 INTERMEDIATE 510 510 510 510
MAINTENANCE..........
030 AIRCRAFT DEPOT 11,628 11,628 11,628 11,628
MAINTENANCE..........
080 COMBAT SUPPORT FORCES. 10,898 10,898 10,898 10,898
SUBTOTAL OPERATING 23,036 23,036 23,036 23,036
FORCES............
TOTAL OPERATION & 23,036 23,036 23,036 23,036
MAINTENANCE, NAVY
RES..............
OPERATION &
MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES...... 7,627 7,627 7,627 7,627
040 BASE OPERATING SUPPORT 1,080 1,080 1,080 1,080
SUBTOTAL OPERATING 8,707 8,707 8,707 8,707
FORCES............
TOTAL OPERATION & 8,707 8,707 8,707 8,707
MAINTENANCE, MC
RESERVE..........
OPERATION &
MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES. 163,632 163,632 163,632 163,632
020 COMBAT ENHANCEMENT 1,049,170 1,049,170 1,049,170 400,000 1,449,170
FORCES...............
Realignment from [400,000]
base..............
030 AIR OPERATIONS 111,808 111,808 111,808 111,808
TRAINING (OJT,
MAINTAIN SKILLS).....
040 DEPOT PURCHASE 408,699 408,699 408,699 408,699
EQUIPMENT MAINTENANCE
050 FACILITIES 147,264 147,264 487,264 147,264
SUSTAINMENT,
RESTORATION &
MODERNIZATION........
Disaster recovery [340,000]
increase..........
060 CYBERSPACE SUSTAINMENT 10,061 10,061 10,061 10,061
070 CONTRACTOR LOGISTICS 953,594 953,594 953,594 953,594
SUPPORT AND SYSTEM
SUPPORT..............
080 FLYING HOUR PROGRAM... 2,495,266 3,045,266 2,495,266 550,000 3,045,266
Realignment from [550,000] [550,000]
base..............
090 BASE OPERATIONS 1,538,120 1,538,120 1,538,120 200,000 1,738,120
SUPPORT..............
Realignment from [200,000]
base..............
100 GLOBAL C3I AND EARLY 13,863 13,863 13,863 13,863
WARNING..............
110 OTHER COMBAT OPS SPT 272,020 272,020 272,020 272,020
PROGRAMS.............
120 CYBERSPACE ACTIVITIES. 17,657 17,657 17,657 17,657
130 TACTICAL INTEL AND 36,098 36,098 36,098 36,098
OTHER SPECIAL
ACTIVITIES...........
140 LAUNCH FACILITIES..... 391 391 391 391
150 SPACE CONTROL SYSTEMS. 39,990 39,990 39,990 39,990
160 US NORTHCOM/NORAD..... 725 725 725 725
170 US STRATCOM........... 926 926 926 926
180 US CYBERCOM........... 35,189 35,189 35,189 35,189
190 US CENTCOM............ 163,015 163,015 163,015 163,015
200 US SOCOM.............. 19,000 19,000 19,000 19,000
SUBTOTAL OPERATING 7,476,488 8,026,488 7,816,488 1,150,000 8,626,488
FORCES............
MOBILIZATION
240 AIRLIFT OPERATIONS.... 1,271,439 1,271,439 1,271,439 1,271,439
250 MOBILIZATION 109,682 109,682 109,682 109,682
PREPAREDNESS.........
SUBTOTAL 1,381,121 1,381,121 1,381,121 1,381,121
MOBILIZATION......
TRAINING AND
RECRUITING
260 OFFICER ACQUISITION... 200 200 200 200
270 RECRUIT TRAINING...... 352 352 352 352
290 SPECIALIZED SKILL 26,802 26,802 26,802 26,802
TRAINING.............
300 FLIGHT TRAINING....... 844 844 844 844
310 PROFESSIONAL 1,199 1,199 1,199 1,199
DEVELOPMENT EDUCATION
320 TRAINING SUPPORT...... 1,320 1,320 1,320 1,320
SUBTOTAL TRAINING 30,717 30,717 30,717 30,717
AND RECRUITING....
ADMIN & SRVWD
ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.. 164,701 164,701 164,701 164,701
390 TECHNICAL SUPPORT 11,608 11,608 11,608 11,608
ACTIVITIES...........
400 ADMINISTRATION........ 4,814 4,814 4,814 4,814
410 SERVICEWIDE 145,204 145,204 145,204 145,204
COMMUNICATIONS.......
420 OTHER SERVICEWIDE 98,841 98,841 98,841 98,841
ACTIVITIES...........
460 INTERNATIONAL SUPPORT. 29,890 29,890 29,890 29,890
465 CLASSIFIED PROGRAMS... 52,995 52,995 52,995 52,995
SUBTOTAL ADMIN & 508,053 508,053 508,053 508,053
SRVWD ACTIVITIES..
TOTAL OPERATION & 9,396,379 9,946,379 9,736,379 1,150,000 10,546,379
MAINTENANCE, AIR
FORCE............
OPERATION &
MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE 24,188 24,188 24,188 24,188
EQUIPMENT MAINTENANCE
060 BASE SUPPORT.......... 5,570 5,570 5,570 5,570
SUBTOTAL OPERATING 29,758 29,758 29,758 29,758
FORCES............
TOTAL OPERATION & 29,758 29,758 29,758 29,758
MAINTENANCE, AF
RESERVE..........
OPERATION &
MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT 3,666 3,666 3,666 3,666
OPERATIONS...........
030 DEPOT PURCHASE 66,944 66,944 66,944 66,944
EQUIPMENT MAINTENANCE
050 CONTRACTOR LOGISTICS 93,620 93,620 93,620 93,620
SUPPORT AND SYSTEM
SUPPORT..............
060 BASE SUPPORT.......... 12,679 12,679 12,679 12,679
SUBTOTAL OPERATING 176,909 176,909 176,909 176,909
FORCES............
TOTAL OPERATION & 176,909 176,909 176,909 176,909
MAINTENANCE, ANG.
OPERATION AND
MAINTENANCE, DEFENSE-
WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF. 21,866 21,866 21,866 21,866
020 JOINT CHIEFS OF STAFF-- 6,634 6,634 6,634 6,634
CE2T2................
040 SPECIAL OPERATIONS 1,121,580 1,121,580 1,121,580 -10,000 1,111,580
COMMAND COMBAT
DEVELOPMENT
ACTIVITIES...........
Classified [-10,000]
adjustment........
060 SPECIAL OPERATIONS 1,328,201 1,328,201 1,328,201 1,328,201
COMMAND INTELLIGENCE.
070 SPECIAL OPERATIONS 399,845 399,845 399,845 399,845
COMMAND MAINTENANCE..
090 SPECIAL OPERATIONS 138,458 102,958 138,458 -35,000 103,458
COMMAND OPERATIONAL
SUPPORT..............
Projected [-35,500] [-35,000]
underexecution--co
mmunications......
100 SPECIAL OPERATIONS 808,729 808,729 808,729 500,000 1,308,729
COMMAND THEATER
FORCES...............
Realignment from [500,000]
base..............
SUBTOTAL OPERATING 3,825,313 3,789,813 3,825,313 455,000 4,280,313
FORCES............
ADMIN & SRVWIDE
ACTIVITIES
180 DEFENSE CONTRACT AUDIT 1,810 1,810 1,810 1,810
AGENCY...............
200 DEFENSE CONTRACT 21,723 21,723 21,723 21,723
MANAGEMENT AGENCY....
230 DEFENSE INFORMATION 81,133 81,133 81,133 81,133
SYSTEMS AGENCY.......
240 DEFENSE INFORMATION 3,455 3,455 3,455 3,455
SYSTEMS AGENCY--CYBER
270 DEFENSE LEGAL SERVICES 196,124 196,124 196,124 196,124
AGENCY...............
290 DEFENSE MEDIA ACTIVITY 14,377 14,377 14,377 14,377
310 DEFENSE SECURITY 1,927,217 1,364,427 1,977,217 -250,000 1,677,217
COOPERATION AGENCY...
Realignment of [-250,000]
CTEF border
security funding..
Security [-100,000] [-37,030]
cooperation
account,
unjustified growth
Transfer from CTEF [100,000] [100,000]
Iraq..............
Transfer of funds [-250,000] [-250,000]
to Ukraine
Security
Assistance
Initiative........
Ukraine Security [50,000]
Assistance
Initiative........
Unjustified growth [-62,790] [-62,970]
380 DEFENSE THREAT 317,558 307,558 317,558 317,558
REDUCTION AGENCY.....
Program decrease.. [-10,000]
410 DEPARTMENT OF DEFENSE 31,620 31,620 31,620 31,620
EDUCATION ACTIVITY...
460 OFFICE OF THE 16,666 21,666 16,666 16,666
SECRETARY OF DEFENSE.
Realignment of [5,000]
redress and loss
funding...........
500 WASHINGTON 6,331 6,331 6,331 6,331
HEADQUARTERS SERVICES
505 CLASSIFIED PROGRAMS... 1,924,785 1,924,785 1,924,785 1,924,785
SUBTOTAL ADMIN & 4,542,799 3,975,009 4,592,799 -250,000 4,292,799
SRVWIDE ACTIVITIES
TOTAL OPERATION 8,368,112 7,764,822 8,418,112 205,000 8,573,112
AND MAINTENANCE,
DEFENSE-WIDE.....
TOTAL OPERATION & -603,290 50,000 205,000 205,000
MAINTENANCE,
DEFENSE-WIDE.....
UKRAINE SECURITY
ASSISTANCE
UKRAINE SECURITY
ASSISTANCE
010 UKRAINE SECURITY 250,000 300,000 300,000
ASSISTANCE INITIATIVE
Program increase.. [50,000]
Transfer of funds [250,000] [250,000]
from Defense
Security
Cooperation Agency
SUBTOTAL UKRAINE 250,000 300,000 300,000
SECURITY
ASSISTANCE........
TOTAL UKRAINE 250,000 300,000 300,000
SECURITY
ASSISTANCE.......
TOTAL OPERATION & 50,432,141 51,652,936 51,112,141 4,536,048 54,968,189
MAINTENANCE......
----------------------------------------------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS.
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
---------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 Senate Conference Conference
Line Item Request House Authorized Authorized Change Authorized
--------------------------------------------------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........ 0 462,000 462,000
Earthquake damage repair...................... [370,000]
Navy Working Capital Fund earthquake recovery [92,000]
losses........................................
280 BASE OPERATING SUPPORT............................ 0 9,000 9,000
Earthquake damage recovery.................... [9,000]
TOTAL OPERATION & MAINTENANCE, NAVY............... 0 471,000 471,000
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......... 0 6,000 6,000
Earthquake damage repair...................... [6,000]
TOTAL OPERATION & MAINTENANCE, MARINE CORPS....... 0 6,000 6,000
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, RESTORATION & 0 58,900 58,900
MODERNIZATION....................................
Hurricane recovery............................ [58,900]
TOTAL OPERATION & MAINTENANCE, ANG................ 0 58,900 58,900
TOTAL OPERATION & MAINTENANCE..................... 0 535,900 535,900
--------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
----------------------------------------------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Item Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel 143,476,503 142,248,503 142,557,523 -800,000 142,676,503
Appropriations.............
Historical unobligated [-1,228,000] [-800,000]
balances...................
Historical underexecution... [-918,980]
Medicare-Eligible Retiree 7,816,815 7,816,815 7,816,815 7,816,815
Health Fund Contributions..
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference Conference
Item Request Change Authorized
----------------------------------------------------------------------------------------------------------------
Military Personnel Appropriations............................. 4,485,808 0 4,485,808
Total, Military Personnel Appropriations...................... 4,485,808 0 4,485,808
----------------------------------------------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS....... 57,467 57,467 57,467 57,467
SUPPLY MANAGEMENT--ARMY..... 32,130 32,130 32,130 32,130
TOTAL WORKING CAPITAL FUND, 89,597 89,597 89,597 89,597
ARMY.......................
WORKING CAPITAL FUND, AIR
FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS...... 92,499 92,499 102,499 92,499
Energy optimization [10,000]
initiatives............
TOTAL WORKING CAPITAL FUND, 92,499 92,499 102,499 92,499
AIR FORCE..................
WORKING CAPITAL FUND,
DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF 49,085 49,085 49,085 49,085
TOTAL WORKING CAPITAL FUND, 49,085 49,085 49,085 49,085
DEFENSE-WIDE...............
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.. 995,030 995,030 995,030 995,030
TOTAL WORKING CAPITAL FUND, 995,030 995,030 995,030 995,030
DECA.......................
NATIONAL DEFENSE SEALIFT
FUND
LG MED SPD RO/RO MAINTENANCE 264,751
Realignment from [264,751]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 264,751
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
DOD MOBILIZATION ALTERATIONS 9,590
Realignment from [9,590]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 9,590
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
TAH MAINTENANCE............. 96,867
Realignment from [96,867]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 96,867
SEALIFT FUND...............
NATIONAL DEFENSE SEALIFT
FUND
READY RESERVE FORCE......... 352,044
Realignment from [352,044]
Operations and
Maintenance, Navy......
TOTAL NATIONAL DEFENSE 352,044
SEALIFT FUND...............
WCF, DEF COUNTERINTELLIGENCE
& SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE 200,000 200,000 200,000 200,000
AND SECURITY AGENCY........
TOTAL WCF, DEF 200,000 200,000 200,000 200,000
COUNTERINTELLIGENCE &
SECURITY AGENCY............
CHEM AGENTS & MUNITIONS
DESTRUCTION
OPERATION & MAINTENANCE..... 107,351 107,351 107,351 107,351
RDT&E....................... 875,930 865,930 875,930 875,930
Unjustified growth..... [-10,000]
PROCUREMENT................. 2,218 2,218 2,218 2,218
TOTAL CHEM AGENTS & 985,499 975,499 985,499 985,499
MUNITIONS DESTRUCTION......
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 581,739 542,171 581,739 -48,921 532,818
Counter synthetic [25,000]
opioid trafficking.....
Realignment of National [-30,921] [-30,921]
Guard Bureau funding...
Unjustified growth..... [-33,647] [-18,000]
DRUG DEMAND REDUCTION 120,922 120,922 120,922 120,922
PROGRAM....................
NATIONAL GUARD COUNTER-DRUG 91,370 122,291 91,370 30,921 122,291
PROGRAM....................
Realignment of National [30,921] [30,921]
Guard Bureau funding...
NATIONAL GUARD COUNTER-DRUG 5,371 5,371 5,371 5,371
SCHOOLS....................
TOTAL DRUG INTERDICTION & 799,402 790,755 799,402 -18,000 781,402
CTR-DRUG ACTIVITIES, DEF...
OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 359,022 359,022 359,022 359,022
GENERAL....................
OFFICE OF THE INSPECTOR 1,179 1,179 1,179 1,179
GENERAL--CYBER.............
OFFICE OF THE INSPECTOR 2,965 2,965 2,965 2,965
GENERAL....................
OFFICE OF THE INSPECTOR 333 333 333 333
GENERAL....................
TOTAL OFFICE OF THE 363,499 363,499 363,499 363,499
INSPECTOR GENERAL..........
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 9,570,615 9,470,615 9,570,615 -250,000 9,320,615
Unjustified growth..... [-100,000] [-250,000]
PRIVATE SECTOR CARE......... 15,041,006 15,038,506 15,052,006 -38,500 15,002,506
Contraceptive cost- [11,000]
sharing................
Historical [-38,500]
underexecution.........
Program decrease....... [-2,500]
CONSOLIDATED HEALTH SUPPORT. 1,975,536 1,986,536 1,975,536 11,000 1,986,536
Wounded Warrior Service [11,000] [11,000]
Dog program............
INFORMATION MANAGEMENT...... 2,004,588 2,004,588 2,004,588 -5,650 1,998,938
Historical [-5,650]
underexecution.........
MANAGEMENT ACTIVITIES....... 333,246 333,246 333,246 333,246
EDUCATION AND TRAINING...... 793,810 796,310 793,810 -500 793,310
Other costs excess [-3,000]
growth.................
Pilot program on [2,500]
partnerships with
civilian organizations
for specialized
surgical training......
Program increase-- [2,500]
specialized medical
pilot program..........
BASE OPERATIONS/ 2,093,289 2,093,289 2,093,289 2,093,289
COMMUNICATIONS.............
UNDISTRIBUTED............... 24,500
PFAS exposure blood [2,000]
testing for DoD
firefighters...........
Post-traumatic stress [2,500]
disorder...............
TRICARE lead level [10,000]
screening and testing
for children...........
Triple negative breast [10,000]
cancer research........
R&D RESEARCH................ 12,621 27,621 12,621 12,621
CDC ASTDR PFOS/PFOA [15,000]
health study increment.
R&D EXPLORATRY DEVELOPMENT.. 84,266 84,266 84,266 84,266
R&D ADVANCED DEVELOPMENT.... 279,766 279,766 279,766 279,766
R&D DEMONSTRATION/VALIDATION 128,055 128,055 128,055 128,055
R&D ENGINEERING DEVELOPMENT. 143,527 158,527 143,527 143,527
Deployment of mTBI/ [10,000]
concussion multi-modal
devices................
Program increase-- [5,000]
freeze dried platelets.
R&D MANAGEMENT AND SUPPORT.. 67,219 67,219 67,219 67,219
R&D CAPABILITIES ENHANCEMENT 16,819 16,819 16,819 16,819
PROC INITIAL OUTFITTING..... 26,135 26,135 26,135 26,135
PROC REPLACEMENT & 225,774 225,774 225,774 225,774
MODERNIZATION..............
PROC JOINT OPERATIONAL 314 314 314 314
MEDICINE INFORMATION SYSTEM
PROC MILITARY HEALTH SYSTEM-- 73,010 73,010 73,010 73,010
DESKTOP TO DATACENTER......
PROC DOD HEALTHCARE 129,091 129,091 99,091 129,091
MANAGEMENT SYSTEM
MODERNIZATION..............
Prior year availability [-30,000]
TOTAL DEFENSE HEALTH PROGRAM 32,998,687 32,964,187 32,979,687 -283,650 32,715,037
TOTAL OTHER AUTHORIZATIONS.. 36,573,298 37,243,403 36,564,298 -301,650 36,271,648
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Program Title Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..... 20,100 20,100 20,100 20,100
TOTAL WORKING CAPITAL FUND, 20,100 20,100 20,100 20,100
ARMY.......................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT... 163,596 153,100 163,596 163,596
Unjustified growth..... [-10,496]
TOTAL DRUG INTERDICTION & 163,596 153,100 163,596 163,596
CTR-DRUG ACTIVITIES, DEF...
OFFICE OF THE INSPECTOR
GENERAL
OFFICE OF THE INSPECTOR 24,254 24,254 24,254 24,254
GENERAL....................
TOTAL OFFICE OF THE 24,254 24,254 24,254 24,254
INSPECTOR GENERAL..........
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............... 57,459 57,459 57,459 57,459
PRIVATE SECTOR CARE......... 287,487 287,487 287,487 287,487
CONSOLIDATED HEALTH SUPPORT. 2,800 2,800 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM 347,746 347,746 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.. 555,696 545,200 555,696 555,696
----------------------------------------------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army ALABAMA Redstone Arsenal AIRCRAFT AND FLIGHT EQUIPMENT 38,000 38,000 38,000 38,000
BUILDING
Army COLORADO Fort Carson COMPANY OPERATIONS FACILITY 71,000 71,000 71,000 71,000
Army GEORGIA Fort Gordon CYBER INSTRUCTIONAL FAC (ADMIN/ 107,000 70,000 67,000 -40,000 67,000
COMMAND)
Army GEORGIA Hunter Army Airfield AIRCRAFT MAINTENANCE HANGAR 62,000 62,000 62,000 62,000
Army HAWAII Fort Shafter COMMAND AND CONTROL FACILITY, INCR 60,000 60,000 60,000 60,000
5
Army HONDURAS Soto Cano Air Base AIRCRAFT MAINTENANCE HANGAR 34,000 34,000 34,000 34,000
Army JAPAN Kadena Air Base VEHICLE MAINTENANCE SHOP 0 0 15,000 0
Army KENTUCKY Fort Campbell AUTOMATED INFANTRY PLATOON BATTLE 7,100 7,100 7,100 7,100
COURSE
Army KENTUCKY Fort Campbell EASEMENTS 3,200 3,200 3,200 3,200
Army KENTUCKY Fort Campbell GENERAL PURPOSE MAINTENANCE SHOP 51,000 51,000 51,000 51,000
Army KWAJALEIN Kwajalein Atoll AIR TRAFFIC CONTROL TOWER AND 0 40,000 0 40,000 40,000
TERMINAL
Army MASSACHUSETTS U.S. Army Natick HUMAN ENGINEERING LAB 50,000 50,000 50,000 50,000
Soldier Systems
Center
Army MICHIGAN Detroit Arsenal SUBSTATION 24,000 24,000 24,000 24,000
Army NEW YORK Fort Drum RAILHEAD 0 21,000 21,000 21,000 21,000
Army NEW YORK Fort Drum UNMANNED AERIAL VEHICLE HANGAR 23,000 23,000 23,000 23,000
Army NORTH CAROLINA Fort Bragg DINING FACILITY 12,500 12,500 12,500 12,500
Army OKLAHOMA Fort Sill ADV INDIVIDUAL TRAINING BARRACKS 73,000 73,000 73,000 73,000
CPLX, PH2
Army PENNSYLVANIA Carlisle Barracks GENERAL INSTRUCTION BUILDING 98,000 60,000 98,000 -38,000 60,000
Army SOUTH CAROLINA Fort Jackson RECEPTION COMPLEX, PH2 54,000 54,000 54,000 54,000
Army TEXAS Corpus Christi Army POWERTRAIN FACILITY (MACHINE SHOP) 86,000 40,000 86,000 86,000
Depot
Army TEXAS Fort Hood BARRACKS 32,000 32,000 32,000 32,000
Army TEXAS Fort Hood VEHICLE BRIDGE 0 18,500 18,500 18,500 18,500
Army VIRGINIA Fort Belvoir SECURE OPERATIONS AND ADMIN 60,000 60,000 60,000 60,000
FACILITY
Army VIRGINIA Joint Base Langley- ADV INDIVIDUAL TRAINING BARRACKS 55,000 55,000 55,000 55,000
Eustis CPLX, PH4
Army WASHINGTON Joint Base Lewis- INFORMATION SYSTEMS FACILITY 46,000 46,000 46,000 46,000
McChord
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 27,000 27,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOST NATION SUPPORT 31,000 31,000 31,000 31,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 94,099 85,099 94,099 94,099
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 70,600 70,600 70,600 70,600
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED WORLDWIDE CONSTRUCTION 211,000 0 0 -211,000 0
Locations
Military Construction, Army Total 1,453,499 1,191,999 1,256,999 -182,500 1,270,999
........................ ...................... ..................................
Navy ARIZONA Marine Corps Air BACHELOR ENLISTED QUARTERS 0 99,600 99,600 99,600 99,600
Station Yuma
Navy ARIZONA Marine Corps Air HANGAR 95 RENOVATION & ADDITION 90,160 90,160 90,160 90,160
Station Yuma
Navy AUSTRALIA Darwin AIRCRAFT PARKING APRON 0 0 50,000 50,000 50,000
Navy BAHRAIN ISLAND SW Asia ELECTRICAL SYSTEM UPGRADE 53,360 0 53,360 -53,360 0
Navy CALIFORNIA Camp Pendleton 62 AREA MESS HALL AND CONSOLIDATED 71,700 71,700 71,700 71,700
WAREHOUSE
Navy CALIFORNIA Camp Pendleton I MEF CONSOLIDATED INFORMATION 113,869 63,869 23,000 -75,000 38,869
CENTER
Navy CALIFORNIA Marine Corps Air CHILD DEVELOPMENT CENTER 0 37,400 37,400 37,400 37,400
Station Miramar
Navy CALIFORNIA Naval Air Weapons RUNWAY & TAXIWAY EXTENSION 64,500 64,500 64,500 64,500
Station China Lake
Navy CALIFORNIA Naval Air Weapons UNSPECIFIED MILITARY CONSTRUCTION-- 0 100,000 0 0
Station China Lake EARTHQUAKE DAMAGE RECOVERY
Navy CALIFORNIA Naval Base Coronado AIRCRAFT PAINT COMPLEX 0 79,000 79,000 79,000 79,000
Navy CALIFORNIA Naval Base Coronado NAVY V-22 HANGAR 86,830 86,830 86,830 86,830
Navy CALIFORNIA Naval Base San Diego PIER 8 REPLACEMENT (INC) 59,353 59,353 59,353 59,353
Navy CALIFORNIA Naval Base San Diego PMO FACILITY REPAIR 0 9,900 9,900 9,900 9,900
Navy CALIFORNIA Naval Weapons Station AMMUNITION PIER 95,310 60,310 95,310 -35,000 60,310
Seal Beach
Navy CALIFORNIA Naval Weapons Station MISSILE MAGAZINE 0 28,000 28,000 28,000 28,000
Seal Beach
Navy CALIFORNIA Travis Air Force Base ALERT FORCE COMPLEX 64,000 64,000 64,000 64,000
Navy CONNECTICUT Naval Submarine Base SSN BERTHING PIER 32 72,260 72,260 72,260 72,260
New London
Navy DISTRICT OF COLUMBIA Naval Observatory MASTER TIME CLOCKS & OPERATIONS 75,600 0 75,600 -55,600 20,000
FAC (INC)
Navy FLORIDA Blount Island POLICE STATION AND EOC FACILITY 0 18,700 18,700 18,700 18,700
Navy FLORIDA Naval Air Station TARGETING & SURVEILLANCE SYST PROD 32,420 32,420 32,420 32,420
Jacksonville SUPP FAC
Navy GUAM Joint Region Marianas BACHELOR ENLISTED QUARTERS H 164,100 64,100 20,000 -130,000 34,100
Navy GUAM Joint Region Marianas EOD COMPOUND FACILITIES 61,900 61,900 61,900 61,900
Navy GUAM Joint Region Marianas MACHINE GUN RANGE (INC) 91,287 91,287 91,287 91,287
Navy HAWAII Marine Corps Air BACHELOR ENLISTED QUARTERS 134,050 134,050 39,000 -68,560 65,490
Station Kaneohe Bay
Navy HAWAII Naval Ammunition Depot MAGAZINE CONSOLIDATION, PHASE 1 53,790 53,790 53,790 53,790
West Loch
Navy ITALY Naval Air Station COMMUNICATIONS STATION 77,400 0 77,400 -77,400 0
Sigonella
Navy JAPAN Fleet Activities PIER 5 (BERTHS 2 AND 3) 174,692 100,000 110,000 -74,692 100,000
Yokosuka
Navy JAPAN Marine Corps Air VTOL PAD--SOUTH 15,870 15,870 15,870 15,870
Station Iwakuni
Navy MARYLAND Saint Inigoes AIR TRAFFIC CONTROL TOWER 0 15,000 0 15,000 15,000
Navy NORTH CAROLINA Camp Lejeune 10TH MARINES HIMARS COMPLEX 35,110 35,110 35,110 35,110
Navy NORTH CAROLINA Camp Lejeune 2ND MARDIV/2ND MLG OPS CENTER 60,130 60,130 60,130 60,130
REPLACEMENT
Navy NORTH CAROLINA Camp Lejeune 2ND RADIO BN COMPLEX, PHASE 2 25,650 25,650 25,650 25,650
(INC)
Navy NORTH CAROLINA Camp Lejeune ACV-AAV MAINTENANCE FACILITY 11,570 0 11,570 11,570
UPGRADES
Navy NORTH CAROLINA Camp Lejeune II MEF OPERATIONS CENTER 122,200 62,200 122,200 -30,000 92,200
REPLACEMENT
Navy NORTH CAROLINA Marine Corps Air AIRCRAFT MAINTENANCE HANGAR (INC) 73,970 73,970 73,970 73,970
Station Cherry Point
Navy NORTH CAROLINA Marine Corps Air ATC TOWER & AIRFIELD OPERATIONS 61,340 61,340 61,340 61,340
Station Cherry Point
Navy NORTH CAROLINA Marine Corps Air F-35 TRAINING AND SIMULATOR 53,230 53,230 53,230 53,230
Station Cherry Point FACILITY
Navy NORTH CAROLINA Marine Corps Air FLIGHTLINE UTILITY MODERNIZATION 51,860 51,860 51,860 51,860
Station Cherry Point (INC)
Navy NORTH CAROLINA Marine Corps Air SLOCUM ROAD PHYSICAL SECUITRY 0 0 52,300 0
Station Cherry Point COMPLIANCE
Navy NORTH CAROLINA Marine Corps Air CH-53K CARGO LOADING TRAINER 11,320 11,320 11,320 11,320
Station New River
Navy PENNSYLVANIA Philadelphia MACHINERY CONTROL DEVELOPMENT 0 66,000 0 74,630 74,630
CENTER
Navy SOUTH CAROLINA Parris Island RANGE IMPROVEMENTS & MODERNIZATION 0 37,200 37,200 37,200 37,200
PHASE 3
Navy UTAH Hill Air Force Base D5 MISSILE MOTOR RECEIPT/STORAGE 50,520 50,520 50,520 50,520
FAC (INC)
Navy VIRGINIA Marine Corps Base WARGAMING CENTER 143,350 70,000 10,000 -110,000 33,350
Quantico
Navy VIRGINIA Naval Station Norfolk MARINER SKILLS TRAINING CENTER 79,100 79,100 0 79,100
Navy VIRGINIA Naval Station Norfolk MH-60 & CMV-22B CORRISON CONTROL 0 49,000 0 60,000 60,000
AND PAINT FACILITY
Navy VIRGINIA Portsmouth Naval DRY DOCK FLOOD PROTECTION 48,930 48,930 48,930 48,930
Shipyard IMPROVEMENTS
Navy VIRGINIA Yorktown Naval Weapons NMC ORDNANCE FACILITIES 0 59,000 59,000 59,000 59,000
Station RECAPITALIZATION PHASE 1
Navy WASHINGTON Bremerton DRY DOCK 4 & PIER 3 MODERNIZATION 51,010 51,010 51,010 51,010
Navy WASHINGTON Keyport UNDERSEA VEHICLE MAINTENANCE 25,050 25,050 25,050 25,050
FACILITY
Navy WASHINGTON Naval Base Kitsap SEAWOLF SERVICE PIER COST-TO- 0 48,000 48,000 48,000 48,000
COMPLETE
Navy WORLDWIDE UNSPECIFIED Unspecified FAMILY HOUSING MITGATION AND 0 0 81,000 0
OVERSIGHT
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING AND DESIGN 0 0 20,400 0
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING AND DESIGN 0 0 8,000 0
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 62,400 62,400
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide EARTHQUAKE FACILITY DAMAGE 0 100,000 0 0
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 167,715 168,715 167,715 167,715
Locations
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 81,237 81,237 81,237 81,237
Locations
Military Construction, Navy Total 2,805,743 2,942,571 2,827,082 -30,782 2,774,961
........................ ...................... ..................................
AF ALASKA Eielson Air Force Base F-35 AME STORAGE FACILITY 8,600 8,600 8,600 8,600
AF ARKANSAS Little Rock Air Force C-130H/J FUSELAGE TRAINER FACILITY 47,000 47,000 47,000 47,000
Base
AF ARKANSAS Little Rock Air Force DORMITORY COST-TO-COMPLETE 0 7,000 0 7,000 7,000
Base
AF AUSTRALIA Tindal APR--RAAF TINDAL/EARTH COVERED 11,600 11,600 11,600 11,600
MAGAZINE
AF AUSTRALIA Tindal APR-RAAF TINDAL/BULK STORAGE TANKS 59,000 59,000 59,000 59,000
AF CALIFORNIA Travis Air Force Base ADAL AERIAL PORT SQUADRON MATERIEL 0 17,000 17,000 17,000 17,000
WAREHOUSE
AF CALIFORNIA Travis Air Force Base KC-46A ALTER B181/B185/B187 SQUAD 6,600 6,600 6,600 6,600
OPS/AMU
AF CALIFORNIA Travis Air Force Base KC-46A REGIONAL MAINTENANCE 19,500 19,500 19,500 19,500
TRAINING FACILITY
AF COLORADO Peterson Air Force SOCNORTH THEATER OPERATIONAL 0 54,000 54,000 54,000 54,000
Base SUPPORT FACILITY
AF COLORADO Schriever Air Force CONSOLIDATED SPACE OPERATIONS 148,000 74,000 23,000 -74,551 73,449
Base FACILITY
AF COLORADO United States Air CONSOLIDATE CADET PREP SCHOOL 0 49,000 0 49,000 49,000
Force Academy DORMITORY
AF CYPRUS Royal Air Force NEW DORMITORY FOR 1 ERS 27,000 27,000 27,000 27,000
Akrotiri
AF GEORGIA Moody Air Force Base 41 RQS HH-60W APRON 0 12,500 0 12,500 12,500
AF GUAM Joint Region Marianas MUNITIONS STORAGE IGLOOS III 65,000 65,000 65,000 65,000
AF ILLINOIS Scott Air Force Base JOINT OPERATIONS & MISSION 100,000 100,000 90,000 100,000
PLANNING CENTER
AF JAPAN Kadena Air Base MUNITIONS STORAGE 0 0 7,000 0
AF JAPAN Misawa AB FUEL INFRASTRUCTURE RESILIENCY 0 0 5,300 0
AF JAPAN Yokota Air Base FUEL RECEIPT & DISTRIBUTION 12,400 12,400 12,400 12,400
UPGRADE
AF JORDAN Azraq AIR TRAFFIC CONTROL TOWER 24,000 0 24,000 -24,000 0
AF JORDAN Azraq MUNITIONS STORAGE AREA 42,000 0 42,000 -42,000 0
AF MARIANA ISLANDS Tinian AIRFIELD DEVELOPMENT PHASE 1 109,000 25,000 10,000 -99,000 10,000
AF MARIANA ISLANDS Tinian FUEL TANKS W/ PIPELINE/HYDRANT 109,000 25,000 10,000 -99,000 10,000
SYSTEM
AF MARIANA ISLANDS Tinian PARKING APRON 98,000 25,000 98,000 -73,000 25,000
AF MARYLAND Joint Base Andrews PRESIDENTIAL AIRCRAFT RECAP 86,000 86,000 86,000 86,000
COMPLEX INC 3
AF MASSACHUSETTS Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB CSL/MIF) 135,000 100,000 65,000 -55,000 80,000
INC 2
AF MISSOURI Whiteman Air Force CONSOLIDATED VEHICLE OPS AND MX 0 27,000 27,000 27,000 27,000
Base FACILITY
AF MONTANA Malmstrom Air Force WEAPONS STORAGE AND MAINTENANCE 235,000 117,500 16,000 -176,000 59,000
Base FACILITY
AF NEVADA Nellis Air Force Base 365TH ISR GROUP FACILITY 57,000 57,000 57,000 57,000
AF NEVADA Nellis Air Force Base F-35 MUNITIONS MAINTENANCE 0 3,100 0 3,100 3,100
FACILITIES COST-TO-COMPLETE
AF NEVADA Nellis Air Force Base F-35A MUNITIONS ASSEMBLY CONVEYOR 8,200 8,200 8,200 8,200
FACILITY
AF NEW MEXICO Holloman Air Force NC3 SUPPORT WRM STORAGE/SHIPPING 0 20,000 20,000 20,000 20,000
Base FACILITY
AF NEW MEXICO Kirtland Air Force COMBAT RESCUE HELICOPTER SIMULATOR 15,500 15,500 15,500 15,500
Base (CRH) ADAL
AF NEW MEXICO Kirtland Air Force UH-1 REPLACEMENT FACILITY 22,400 22,400 22,400 22,400
Base
AF NORTH DAKOTA Minot Air Force Base HELO/TRFOPS/AMU FACILITY 5,500 5,500 5,500 5,500
AF OHIO Wright-Patterson Air ADAL INTELLIGENCE PROD. COMPLEX 120,900 120,900 74,000 120,900
Force Base (NASIC) INC 2
AF TEXAS Joint Base San Antonio AFPC B-WING 0 36,000 0 36,000 36,000
AF TEXAS Joint Base San Antonio AQUATICS TANK 69,000 69,000 69,000 69,000
AF TEXAS Joint Base San Antonio BMT RECRUIT DORMITORY 8 110,000 110,000 17,000 110,000
AF TEXAS Joint Base San Antonio T-X ADAL GROUND BASED TRNG SYS 9,300 9,300 9,300 9,300
(GBTS) SIM
AF TEXAS Joint Base San Antonio T-X MX TRNG SYS CENTRAILIZED TRNG 19,000 19,000 19,000 19,000
FAC
AF UNITED KINGDOM Royal Air Force F-35A PGM FACILITY 14,300 14,300 14,300 14,300
Lakenheath
AF UTAH Hill Air Force Base GBSD MISSION INTEGRATION FACILITY 108,000 40,000 18,000 -75,000 33,000
AF UTAH Hill Air Force Base JOINT ADVANCED TACTICAL MISSILE 6,500 6,500 6,500 6,500
STORAGE FAC
AF WASHINGTON Fairchild Air Force CONSOLIDATED TFI BASE OPERATIONS 31,000 31,000 31,000 31,000
Base
AF WASHINGTON Fairchild Air Force SERE PIPELINE DORMITORY COST-TO- 0 4,800 0 4,800 4,800
Base COMPLETE
AF WORLDWIDE UNSPECIFIED Unspecified CONUS MILITARY FAMILY HOUSING CIVILIAN 0 0 65,000 0
PERSONNEL
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 0 0 40,000 0
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide CHILD DEVELOPMENT CENTERS 0 0 0 31,500 31,500
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide COST TO COMPLETE 0 0 190,000 0
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 142,148 133,148 142,148 142,148
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 79,682 79,682 79,682 79,682
Locations
AF WYOMING F. E. Warren Air Force CONSOLIDATED HELO/TRF OPS/AMU AND 18,100 18,100 18,100 18,100
Base ALERT FAC
Military Construction, Air Force Total 2,179,230 1,799,130 1,752,630 -455,651 1,723,579
........................ ...................... ..................................
Def-Wide CALIFORNIA Beale Air Force Base HYDRANT FUEL SYSTEM REPLACEMENT 33,700 33,700 33,700 33,700
Def-Wide CALIFORNIA Camp Pendleton AMBUL CARE CENTER/DENTAL CLINIC 17,700 17,700 17,700 17,700
REPLACEMENT
Def-Wide CALIFORNIA Mountain View--63 RSC INSTALL MICROGRID CONTROLLER, 750 0 0 9,700 9,700 9,700
KW PV, AND 750 KWH BATTERY
STORAGE
Def-Wide CALIFORNIA Naval Air Weapons ENERGY STORAGE SYSTEM 0 0 8,950 8,950 8,950
Station China Lake
Def-Wide CALIFORNIA NSA Monterey COGENERATION PLANT AT B236 0 0 10,540 10,540 10,540
Def-Wide CONUS CLASSIFIED Classified Location BATTALION COMPLEX, PH 3 82,200 82,200 82,200 82,200
Def-Wide FLORIDA Eglin Air Force Base SOF COMBINED SQUADRON OPS FACILITY 16,500 16,500 16,500 16,500
Def-Wide FLORIDA Hurlburt Field SOF AMU & WEAPONS HANGAR 72,923 72,923 72,923 72,923
Def-Wide FLORIDA Hurlburt Field SOF COMBINED SQUADRON OPERATIONS 16,513 16,513 16,513 16,513
FACILITY
Def-Wide FLORIDA Hurlburt Field SOF MAINTENANCE TRAINING FACILITY 18,950 18,950 18,950 18,950
Def-Wide FLORIDA Naval Air Station Key SOF WATERCRAFT MAINTENANCE 16,000 16,000 16,000 16,000
West FACILITY
Def-Wide GERMANY Geilenkirchen Air Base AMBULATORY CARE CENTER/DENTAL 30,479 30,479 30,479 30,479
CLINIC
Def-Wide GERMANY Ramstein LANDSTUHL ELEMENTARY SCHOOL 0 0 66,800 66,800 66,800
Def-Wide GUAM Joint Region Marianas XRAY WHARF REFUELING FACILITY 19,200 19,200 19,200 19,200
Def-Wide GUAM Naval Base Guam NSA ANDERSON SMART GRID AND ICS 0 0 16,970 16,970 16,970
INFRUSTRUCTURE
Def-Wide HAWAII Joint Base Pearl INSTALL 500KW COVERED PARKING PV 0 0 4,000 4,000 4,000
Harbor-Hickam SYSTEM & ELECTRIC VEHICLE
CHARGING STATIONS B479
Def-Wide HAWAII Joint Base Pearl SOF UNDERSEA OPERATIONAL TRAINING 67,700 67,700 67,700 67,700
Harbor-Hickam FACILITY
Def-Wide JAPAN Yokosuka KINNICK HIGH SCHOOL INC 2 130,386 0 10,000 -130,386 0
Def-Wide JAPAN Yokota Air Base BULK STORAGE TANKS PH1 116,305 20,000 21,000 -96,305 20,000
Def-Wide JAPAN Yokota Air Base PACIFIC EAST DISTRICT 20,106 20,106 20,106 20,106
SUPERINTENDENT'S OFFICE
Def-Wide LOUISIANA Joint Reserve Base DISTRIBUTION SWITCHGEAR 0 0 5,340 0
Naval Air Station New
Orleans
Def-Wide MARYLAND Bethesda Naval MEDCEN ADDITION/ALTERTION INCR 3 96,900 33,000 96,900 -63,900 33,000
Hospital
Def-Wide MARYLAND Fort Detrick MEDICAL RESEARCH ACQUISITION 27,846 27,846 27,846 27,846
BUILDING
Def-Wide MARYLAND Fort Meade NSAW RECAPITALIZE BUILDING #3 INC 426,000 426,000 426,000 426,000
2
Def-Wide MARYLAND NSA Bethesda CHILLER 3-9 REPLACEMENT 0 0 13,840 13,840 13,840
Def-Wide MARYLAND South Potomac IH WATER PROJECT--CBIRF/IHEODTD/ 0 0 18,460 18,460 18,460
HOUSING
Def-Wide MISSISSIPPI Columbus Air Force FUEL FACILITIES REPLACEMENT 16,800 16,800 16,800 16,800
Base
Def-Wide MISSOURI Fort Leonard Wood HOSPITAL REPLACEMENT INCR 2 50,000 50,000 50,000 50,000
Def-Wide MISSOURI St. Louis NEXT NGA WEST (N2W) COMPLEX PHASE 218,800 118,800 153,000 -100,000 118,800
2 INC. 2
Def-Wide NEW MEXICO White Sands Missile INSTALL MICROGRID, 700KW PV, 150 0 0 5,800 5,800 5,800
Range KW GENERATOR, AND BATTERIES
Def-Wide NORTH CAROLINA Camp Lejeune SOF MARINE RAIDER REGIMENT HQ 13,400 13,400 13,400 13,400
Def-Wide NORTH CAROLINA Fort Bragg SOF ASSESSMENT AND SELECTION 12,103 12,103 12,103 12,103
TRAINING COMPLEX
Def-Wide NORTH CAROLINA Fort Bragg SOF HUMAN PLATFORM-FORCE 43,000 43,000 43,000 43,000
GENERATION FACILITY
Def-Wide NORTH CAROLINA Fort Bragg SOF OPERATIONS SUPPORT BLDG 29,000 29,000 29,000 29,000
Def-Wide OKLAHOMA Tulsa IAP FUELS STORAGE COMPLEX 18,900 18,900 18,900 18,900
Def-Wide RHODE ISLAND Quonset State Airport FUELS STORAGE COMPLEX REPLACEMENT 11,600 11,600 11,600 11,600
Def-Wide SOUTH CAROLINA Joint Base Charleston MEDICAL CONSOLIDATED STORAGE & 33,300 33,300 33,300 33,300
DISTRIB CENTER
Def-Wide SOUTH DAKOTA Ellsworth Air Force HYDRANT FUEL SYSTEM REPLACEMENT 24,800 24,800 24,800 24,800
Base
Def-Wide TEXAS Camp Swift INSTALL MICROGRID, 650KW PV, & 500 0 0 4,500 4,500 4,500
KW GENERATOR
Def-Wide TEXAS Fort Hood INSTALL A CENTRAL ENERGY PLANT 0 0 16,500 16,500 16,500
Def-Wide VIRGINIA Defense Distribution OPERATIONS CENTER PHASE 2 98,800 33,000 98,800 -65,800 33,000
Depot Richmond
Def-Wide VIRGINIA Joint Expeditionary SOF NSWG-10 OPERATIONS SUPPORT 32,600 32,600 32,600 32,600
Base Little Creek-- FACILITY
Fort Story
Def-Wide VIRGINIA Joint Expeditionary SOF NSWG2 JSOTF OPS TRAINING 13,004 13,004 13,004 13,004
Base Little Creek-- FACILITY
Fort Story
Def-Wide VIRGINIA NRO Headquarters INTERGRATION SYSTEM UPGRADES 0 0 66 66 66
Def-Wide VIRGINIA Pentagon BACKUP GENERATOR 8,670 8,670 8,670 8,670
Def-Wide VIRGINIA Pentagon CONTROL TOWER & FIRE DAY STATION 20,132 20,132 20,132 20,132
Def-Wide VIRGINIA Training Center Dam SOF DEMOLITION TRAINING COMPOUND 12,770 12,770 12,770 12,770
Neck EXPANSION
Def-Wide WASHINGTON Joint Base Lewis- SOF 22 STS OPERATIONS FACILITY 47,700 47,700 47,700 47,700
McChord
Def-Wide WASHINGTON Naval Base Kitsap KEYPORT MAIN SUBSTATION 0 0 23,670 23,670 23,670
REPLACEMENT
Def-Wide WISCONSIN Gen Mitchell IAP POL FACILITIES REPLACEMENT 25,900 25,900 25,900 25,900
Def-Wide WORLDWIDE CLASSIFIED Classified Location MISSION SUPPORT COMPOUND 52,000 0 52,000 52,000
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide DEFENSE COMMUNITY INFRUSTRUCTURE 0 0 100,000 0
PROGRAM
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide CONTINGENCY CONSTRUCTION 10,000 0 10,000 -10,000 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ENERGY RESILIENCE AND CONSERV. 150,000 190,000 150,000 150,000
Locations INVEST. PROG.
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide ERCIP DESIGN 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide EXERCISE RELATED MINOR 11,770 11,770 11,770 11,770
Locations CONSTRUCTION
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 15,000 15,000 15,000 15,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 29,679 29,679 29,679 29,679
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 35,472 35,472 35,472 35,472
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,890 4,890 4,890 4,890
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 14,400 14,400 14,400 14,400
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 3,000 3,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 31,464 31,464 31,464 31,464
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 3,228 3,228 3,228 3,228
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 8,000 8,000 8,000 8,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 4,950 4,950 4,950 4,950
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 52,532 52,532 52,532 52,532
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 63,382 63,382 63,382 63,382
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 27,000 27,000 27,000 27,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 0 (40,000) 0 0
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN: MILITARY 0 0 0 30,000 30,000
Locations INSTALLATION RESILIENCY
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 10,000 10,000 10,000 10,000
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 16,736 16,736 16,736 16,736
Locations
Def-Wide WORLDWIDE UNSPECIFIED Various Worldwide UNSPECIFIED MINOR CONSTRUCTION 0 (10,000) 0 0
Locations
Military Construction, Defense-Wide Total 2,504,190 1,975,799 2,527,835 (236,595) 2,267,595
........................ ...................... ..................................
NATO WORLDWIDE UNSPECIFIED NATO Security NATO SECURITY INVESTMENT PROGRAM 144,040 172,005 144,040 144,040
Investment Program
NATO Security Investment Program Total 144,040 172,005 144,040 144,040
........................ ...................... ..................................
Army NG ALABAMA Anniston Army Depot ENLISTED TRANSIENT BARRACKS 0 34,000 34,000 34,000 34,000
Army NG ALABAMA Foley NATIONAL GUARD READINESS CENTER 12,000 12,000 12,000 12,000
Army NG CALIFORNIA Camp Roberts AUTOMATED MULTIPURPOSE MACHINE GUN 12,000 12,000 12,000 12,000
RANGE
Army NG IDAHO Orchard Combat RAILROAD TRACKS 29,000 29,000 29,000 29,000
Training Center
Army NG MARYLAND Havre de Grace COMBINED SUPPORT MAINTENANCE SHOP 12,000 12,000 12,000 12,000
Army NG MASSACHUSETTS Camp Edwards AUTOMATED MULTIPURPOSE MACHINE GUN 9,700 9,700 9,700 9,700
RANGE
Army NG MINNESOTA New Ulm NATIONAL GUARD VEHICLE MAINTENANCE 11,200 11,200 11,200 11,200
SHOP
Army NG MISSISSIPPI Camp Shelby AUTOMATED MULTIPURPOSE MACHINE GUN 8,100 8,100 8,100 8,100
RANGE
Army NG MISSOURI Springfield NATIONAL GUARD READINESS CENTER 12,000 12,000 12,000 12,000
Army NG NEBRASKA Bellevue NATIONAL GUARD READINESS CENTER 29,000 29,000 29,000 29,000
Army NG NEW HAMPSHIRE Concord NATIONAL GUARD READINESS CENTER 5,950 5,950 5,950 5,950
Army NG NEW YORK Jamaica Armory NATIONAL GUARD READINESS CENTER 0 91,000 20,000 91,000 91,000
Army NG PENNSYLVANIA Moon Township COMBINED SUPPORT MAINTENANCE SHOP 23,000 23,000 23,000 23,000
Army NG VERMONT Jericho GENERAL INSTRUCTION BUILIDING 0 30,000 30,000 30,000 30,000
Army NG WASHINGTON Richland NATIONAL GUARD READINESS CENTER 11,400 11,400 11,400 11,400
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 20,469 20,469 20,469 20,469
Locations
Army NG WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 15,000 15,000 15,000 15,000
Locations
Military Construction, Army National Guard Total 210,819 365,819 294,819 155,000 365,819
........................ ...................... ..................................
Army Res DELAWARE Newark ARMY RESERVE CENTER/BMA 21,000 21,000 21,000 21,000
Army Res WISCONSIN Fort McCoy TRANSIENT TRAINING BARRACKS 25,000 25,000 25,000 25,000
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 6,000 6,000 6,000 6,000
Locations
Army Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 8,928 8,928 8,928 8,928
Locations
Military Construction, Army Reserve Total 60,928 60,928 60,928 60,928
........................ ...................... ..................................
N/MC Res LOUISIANA New Orleans ENTRY CONTROL FACILITY UPGRADES 25,260 25,260 25,260 25,260
N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,780 4,780 4,780 4,780
Locations
N/MC Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 24,915 24,915 24,915 24,915
Locations
Military Construction, Naval Reserve Total 54,955 54,955 54,955 54,955
........................ ...................... ..................................
Air NG CALIFORNIA Moffett Air National FUELS/CORROSION CONTROL HANGER AND 0 57,000 57,000 57,000 57,000
Guard Base SHOPS
Air NG GEORGIA Savannah/Hilton Head CONSOLIDATED JOINT AIR DOMINANCE 24,000 24,000 24,000 24,000
IAP HANGAR/SHOPS
Air NG MISSOURI Rosecrans Memorial C-130 FLIGHT SIMULATOR FACILITY 9,500 9,500 9,500 9,500
Airport
Air NG PUERTO RICO Luis Munoz-Marin IAP COMMUNICATIONS FACILITY 12,500 0 12,500 12,500
Air NG PUERTO RICO Luis Munoz-Marin IAP MAINTENANCE HANGAR 37,500 0 37,500 (1,500) 36,000
Air NG WISCONSIN Truax Field F-35 SIMULATOR FACILITY 14,000 14,000 14,000 14,000
Air NG WISCONSIN Truax Field FIGHTER ALERT SHELTERS 20,000 20,000 20,000 20,000
Air NG WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 31,471 31,471 31,471 31,471
Locations
Air NG WORLDWIDE UNSPECIFIED Various Worldwide PLANNING AND DESIGN 17,000 17,000 17,000 17,000
Locations
Military Construction, Air National Guard Total 165,971 172,971 222,971 55,500 221,471
........................ ...................... ..................................
AF Res GEORGIA Robins Air Force Base CONSOLIDATED MISSSION COMPLEX 43,000 43,000 43,000 43,000
PHASE 3
AF Res MARYLAND Joint Base Andrews AES TRAINING ADMIN FACILITY 0 15,000 0 15,000 15,000
AF Res MINNESOTA Minneapolis-St. Paul AERIAL PORT FACILITY 0 9,800 9,800 9,800 9,800
IAP
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 4,604 4,604 4,604 4,604
Locations
AF Res WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED MINOR CONSTRUCTION 12,146 12,146 12,146 12,146
Locations
Military Construction, Air Force Reserve Total 59,750 84,550 69,550 24,800 84,550
........................ ...................... ..................................
FH Con Army GERMANY Baumholder FAMILY HOUSING IMPROVEMENTS 29,983 29,983 29,983 29,983
FH Con Army KOREA Camp Humphreys FAMILY HOUSING NEW CONSTRUCTION 83,167 83,167 83,167 83,167
INCR 4
FH Con Army PENNSYLVANIA Tobyhanna Army Depot FAMILY HOUSING REPLACEMENT 19,000 19,000 19,000 19,000
CONSTRUCTION
FH Con Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FAMILY HOUSING P & D 9,222 9,222 9,222 5,000 14,222
Locations
........................ ...................... Housing pilot [5,000]
Family Housing Construction, Army Total 141,372 141,372 141,372 5,000 146,372
........................ ...................... ..................................
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 24,027 24,027 24,027 24,027
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVITIZATION SUPPORT 18,627 68,627 83,627 45,000 63,627
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 128,938 128,938 128,938 128,938
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 81,065 81,065 81,065 54,733 135,798
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 38,898 38,898 38,898 38,898
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 484 484 484 484
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 10,156 10,156 10,156 10,156
Locations
FH Ops Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 55,712 55,712 55,712 55,712
Locations
Family Housing Operation And Maintenance, Army Total 357,907 407,907 422,907 99,733 457,640
........................ ...................... ..................................
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 41,798 41,798 41,798 41,798
Locations
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,863 3,863 3,863 3,863
Locations
FH Con Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide USMC DPRI/GUAM PLANNING AND DESIGN 2,000 2,000 2,000 2,000
Locations
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661 47,661 47,661
........................ ...................... ..................................
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 19,009 19,009 19,009 19,009
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION SUPPORT 21,975 81,575 81,575 59,600 81,575
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 64,126 64,126 64,126 64,126
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 82,611 82,611 82,611 54,733 137,344
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 50,122 50,122 50,122 50,122
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 151 151 151 151
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 16,647 16,647 16,647 16,647
Locations
FH Ops Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 63,229 63,229 63,229 63,229
Locations
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 377,470 377,470 114,333 432,203
........................ ...................... ..................................
FH Con AF GERMANY Spangdahlem Air Base CONSTRUCT DEFICIT MILITARY FAMILY 53,584 53,584 53,584 53,584
HOUSING
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide CONSTRUCTION IMPROVEMENTS 46,638 46,638 46,638 46,638
Locations
FH Con AF WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING & DESIGN 3,409 3,409 3,409 3,409
Locations
Family Housing Construction, Air Force Total 103,631 103,631 103,631 103,631
........................ ...................... ..................................
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 30,283 30,283 30,283 30,283
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide HOUSING PRIVATIZATION 22,593 53,793 53,793 31,200 53,793
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 15,768 15,768 15,768 15,768
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 117,704 117,704 117,704 54,733 172,437
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MANAGEMENT 56,022 56,022 56,022 56,022
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide MISCELLANEOUS 2,144 2,144 2,144 2,144
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide SERVICES 7,770 7,770 7,770 7,770
Locations
FH Ops AF WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 42,732 42,732 42,732 42,732
Locations
Family Housing Operation And Maintenance, Air Force Total 295,016 326,216 326,216 85,933 380,949
........................ ...................... ..................................
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 82 82 82 82
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide FURNISHINGS 645 645 645 645
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 12,906 12,906 12,906 12,906
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide LEASING 39,222 39,222 39,222 39,222
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide MAINTENANCE 32 32 32 32
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 13 13 13 13
Locations
FH Ops DW WORLDWIDE UNSPECIFIED Unspecified Worldwide UTILITIES 4,100 4,100 4,100 4,100
Locations
Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000 57,000 57,000
........................ ...................... ..................................
FHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--FHIF 3,045 3,045 3,045 3,045
Locations
DOD Family Housing Improvement Fund Total 3,045 3,045 3,045 3,045
........................ ...................... ..................................
UHIF WORLDWIDE UNSPECIFIED Unspecified Worldwide ADMINISTRATIVE EXPENSES--UHIF 500 500 500 500
Locations
Unaccompanied Housing Improvement Fund Total 500 500 500 500
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Worldwide Unspecified BASE REALIGNMENT AND CLOSURE 66,111 96,111 66,111 28,000 94,111
Locations
Base Realignment and Closure--Army Total 66,111 96,111 66,111 28,000 94,111
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide BASE REALIGNMENT & CLOSURE 158,349 218,349 158,349 58,000 216,349
Locations
Base Realignment and Closure--Navy Total 158,349 218,349 158,349 58,000 216,349
........................ ...................... ..................................
BRAC WORLDWIDE UNSPECIFIED Unspecified Worldwide DOD BRAC ACTIVITIES--AIR FORCE 54,066 84,066 54,066 28,000 82,066
Locations
Base Realignment and Closure--Air Force Total 54,066 84,066 54,066 28,000 82,066
........................ ...................... ..................................
PYS PRIOR YEAR SAVINGS Prior Year Savings PRIOR YEAR SAVINGS 0 (45,055) 0 (64,685) (64,685)
Prior Year Savings Total 0 (45,055) 0 (64,685) (64,685)
........................ ...................... ..................................
Total, Military Construction 11,241,653 10,639,000 10,970,137 (315,914) 10,925,739
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: COMMUNICATIONS FACILITY 22,000 22,000 22,000 22,000
Station
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: DETENTION LEGAL OFFICE AND 11,800 11,800 11,800 11,800
Station COMMS CTR
Army GUANTANAMO BAY, CUBA Guantanamo Bay Naval OCO: HIGH VALUE DETENTION FACILITY 88,500 0 0 -88,500 0
Station
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI/OCO PLANNING AND DESIGN 19,498 19,498 19,498 19,498
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: BULK FUEL STORAGE 36,000 36,000 36,000 36,000
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: INFORMATION SYSTEMS FACILITY 6,200 6,200 6,200 6,200
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI: MINOR CONSTRUCTION 5,220 5,220 5,220 5,220
Locations
Army WORLDWIDE UNSPECIFIED Unspecified Worldwide UNSPECIFIED WORLDWIDE CONSTRUCTION 9,200,000 0 0 -9,200,000 0
Locations
Army WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,142 0 36,212 36,212
Locations EUROPE
Military Construction, Army Total 9,389,218 156,860 100,718 -9,252,288 136,930
........................ ...................... ..................................
Navy BAHRAIN SW Asia ELECTRICAL SYSTEM UPGRADE 0 53,360 0 53,360 53,360
Navy ITALY Sigonella COMMUNICATIONS STATION 0 77,400 0 77,400 77,400
Navy SPAIN Rota EDI: IN-TRANSIT MUNITIONS FACILITY 9,960 9,960 9,960 9,960
Navy SPAIN Rota EDI: JOINT MOBILITY CENTER 46,840 46,840 46,840 46,840
Navy SPAIN Rota EDI: SMALL CRAFT BERTHING FACILITY 12,770 12,770 12,770 12,770
Navy WORLDWIDE UNSPECIFIED Unspecified PLANNING & DESIGN 0 0 50,000 0
Navy WORLDWIDE UNSPECIFIED Unspecified Worldwide PLANNING AND DESIGN 25,000 25,000 25,000 25,000
Locations
Navy WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,246 0 36,211 36,211
Locations EUROPE
Military Construction, Navy Total 94,570 281,576 144,570 166,971 261,541
........................ ...................... ..................................
AF ICELAND Keflavik EDI-AIRFIELD UPGRADES--DANGEROUS 18,000 18,000 18,000 18,000
CARGO PAD
AF ICELAND Keflavik EDI-BEDDOWN SITE PREP 7,000 7,000 7,000 7,000
AF ICELAND Keflavik EDI-EXPAND PARKING APRON 32,000 32,000 32,000 32,000
AF JORDAN Azraq AIR TRAFFIC CONTROL TOWER 0 24,000 0 24,000 24,000
AF JORDAN Azraq MUNITIONS STORAGE AREA 0 42,000 0 42,000 42,000
AF SPAIN Moron EDI-HOT CARGO PAD 8,500 8,500 8,500 8,500
AF WORLDWIDE UNSPECIFIED Unspecified PLANNING & DESIGN 0 0 247,000 60,000 60,000
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS STORAGE 107,000 107,000 107,000 107,000
Locations
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-HOT CARGO PAD 29,000 29,000 29,000 29,000
Locations
AF WORLDWIDE UNSPECIFIED Unspecified Worldwide EDI-MUNITIONS STORAGE AREA 39,000 39,000 39,000 39,000
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI: VARIOUS WORLDWIDE LOCATIONS 0 56,246 0 36,211 36,211
Locations EUROPE
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI-P&D 61,438 61,438 61,438 61,438
Locations
AF WORLDWIDE UNSPECIFIED Various Worldwide EDI-UMMC 12,800 12,800 12,800 12,800
Locations
Military Construction, Air Force Total 314,738 436,984 561,738 162,211 476,949
........................ ...................... ..................................
Def-Wide GERMANY Gemersheim EDI: LOGISTICS DISTRIBUTION CENTER 46,000 46,000 46,000 46,000
ANNEX
Military Construction,Defense-Wide Total 46,000 46,000 46,000 46,000
........................ ...................... ..................................
Total, Military Construction 9,844,526 921,420 853,026 -8,923,106 921,420
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Account State/ Country Installation Project Title Request Authorized Authorized Change Authorized
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Navy CALIFORNIA Naval Air Weapons Planning and Design 0 0 0 0 89,320
Station China Lake
Navy CALIFORNIA Naval Air Weapons Hanger 3 Replacement, Apron, 0 0 0 514,600 514,600
Station China Lake Taxiway & Utilities for RDT&E
Navy CALIFORNIA Naval Air Weapons Aircraft Parking Apron in Support 0 0 0 50,800 50,800
Station China Lake of Hanger 2 Replacement
Navy CALIFORNIA Naval Air Weapons Michelson Mission Systems 0 0 0 202,340 202,340
Station China Lake Intergration Laboratory
Navy CALIFORNIA Naval Air Weapons Magazines & Inert Storage Facility 0 0 0 138,930 138,930
Station China Lake
Navy CALIFORNIA Naval Air Weapons Air Operations Facility & Air 0 0 0 70,900 70,900
Station China Lake Traffic Control Tower
Navy CALIFORNIA Naval Air Weapons Community Support Facilities 0 0 0 85,790 85,790
Station China Lake
Navy NORTH CAROLINA Camp Lejeune Courthouse Bay Fire Station 0 0 21,336 21,336 21,336
Replacement
Navy NORTH CAROLINA Camp Lejeune Hadnot Point Fire Station 0 0 21,931 21,931 21,931
Replacement
Navy NORTH CAROLINA Camp Lejeune Hadnot Point Mess Hall Replacement 0 0 66,023 66,023 66,023
Navy NORTH CAROLINA Camp Lejeune II MEF Simulation/Training Center 0 0 74,487 74,487 74,487
Replacement
Navy NORTH CAROLINA Camp Lejeune LOGCOM CSP Warehouse Replacement 0 0 35,874 35,874 35,874
Navy NORTH CAROLINA Camp Lejeune LSSS Facility Replacement 0 0 26,815 26,815 26,815
Navy NORTH CAROLINA Camp Lejeune MC Advisor Battalion HQs 0 0 30,109 30,109 30,109
Replacement
Navy NORTH CAROLINA Camp Lejeune MCCSSS Log Ops School 0 0 179,617 179,617 179,617
Navy NORTH CAROLINA Camp Lejeune MCES Applied Instruction Facility 0 0 0 95,599 95,599
Replacement
Navy NORTH CAROLINA Camp Lejeune NCIS Facilities Replacement 0 0 22,594 22,594 22,594
Navy NORTH CAROLINA Camp Lejeune PMO Facility Replacement 0 0 0 34,718 34,718
Navy NORTH CAROLINA Camp Lejeune WTBN Headquarters Replacement 0 0 18,644 18,644 18,644
Navy NORTH CAROLINA MCAS Cherry Point Physical Security Compliance 0 0 0 52,300 52,300
Navy NORTH CAROLINA MCAS Cherry Point BT-11 Range Operations Center 0 0 14,251 14,251 14,251
Replacement
Navy NORTH CAROLINA MCAS New River C-12W Aircraft Maintenance Hangar 0 0 36,295 36,295 36,295
Replacement
Navy NORTH CAROLINA MCAS New River Bachelor Enlisted Quarters 0 0 62,104 62,104 62,104
Replacement
Navy NORTH CAROLINA MCAS New River CNATT Classroom Building 0 0 0 114,706 114,706
Replacement
Navy NORTH CAROLINA MCAS New River CH-53K Maintenance Hangar 0 0 0 252,717 252,717
Replacement
Military Construction, Navy Total 0 0 610,080 2,223,480 2,312,800
........................ ...................... ..................................
AF FLORIDA Tyndall Air Force Base 325th Fighting Wing HQ Facility 0 0 0 38,000 38,000
AF FLORIDA Tyndall Air Force Base Aerospace & Operational Physiology 0 0 10,400 12,000 12,000
Facility
AF FLORIDA Tyndall Air Force Base Aircraft MX Fuel Cell Hangar 0 0 28,000 37,000 37,000
AF FLORIDA Tyndall Air Force Base Aircraft Wash Rack 0 0 10,600 9,100 9,100
AF FLORIDA Tyndall Air Force Base Airfield Drainage 0 0 0 144,000 144,000
AF FLORIDA Tyndall Air Force Base Auxiliary Ground Equipment 0 0 0 22,000 22,000
Facility
AF FLORIDA Tyndall Air Force Base Chapel 0 0 0 26,000 26,000
AF FLORIDA Tyndall Air Force Base Community Commons Facility 0 0 0 64,000 64,000
AF FLORIDA Tyndall Air Force Base Deployment Center/Flight Line 0 0 31,000 43,000 43,000
Dining/AAFES
AF FLORIDA Tyndall Air Force Base Dorm Complex Phase 1 0 0 0 145,000 145,000
AF FLORIDA Tyndall Air Force Base Dorm Complex Phase 2 0 0 0 131,000 131,000
AF FLORIDA Tyndall Air Force Base Emergency Management, EOC, Alt CP 0 0 14,400 20,000 20,000
AF FLORIDA Tyndall Air Force Base Flightline--Muns Storage, 7000 0 0 0 36,000 36,000
Area
AF FLORIDA Tyndall Air Force Base Lodging Facilities Phase 1 0 0 0 90,000 90,000
AF FLORIDA Tyndall Air Force Base Lodging Facilities Phase 2 0 0 0 89,000 89,000
AF FLORIDA Tyndall Air Force Base Operations Group/Maintenance Group 0 0 18,500 24,000 24,000
HQ
AF FLORIDA Tyndall Air Force Base Ops/Aircraft Maintenance Unit/ 0 0 0 74,000 74,000
Hangar #2
AF FLORIDA Tyndall Air Force Base Ops/Aircraft Maintenance Unit/ 0 0 0 75,000 75,000
Hangar #3
AF FLORIDA Tyndall Air Force Base OSS/Radar Approach Control 0 0 51,000 37,000 37,000
Facility
AF FLORIDA Tyndall Air Force Base Planning and Design 0 0 0 0 52,400
AF FLORIDA Tyndall Air Force Base Security Forces Mobility Storage 0 0 2,800 6,700 6,700
Facility
AF FLORIDA Tyndall Air Force Base Simulator Facility 0 0 0 38,000 38,000
AF FLORIDA Tyndall Air Force Base Site Development, Utilities & Demo 0 0 0 141,000 141,000
Phase 2
AF FLORIDA Tyndall Air Force Base Small Arms Range 0 0 0 26,000 26,000
AF FLORIDA Tyndall Air Force Base Special Purpose Vehicle 0 0 14,000 20,000 20,000
Maintenance
AF FLORIDA Tyndall Air Force Base Tyndall AFB Gate Complexes 0 0 38,000 75,000 75,000
AF FLORIDA Tyndall Air Force Base Weapons Load Training Hangar 0 0 0 25,000 25,000
AF NEBRASKA Offutt Air Force Base Emergency Power Microgrid 0 0 0 43,000 43,000
AF NEBRASKA Offutt Air Force Base Flightline Hangars Campus 0 0 0 10,000 10,000
AF NEBRASKA Offutt Air Force Base Lake Campus 0 0 0 6,000 6,000
AF NEBRASKA Offutt Air Force Base Logistics Readiness Squadron 0 0 0 18,500 18,500
Campus
AF NEBRASKA Offutt Air Force Base Security Campus 0 0 0 63,000 63,000
AF VIRGINIA Joint Base Langley- Dormitory 0 0 0 31,000 31,000
Eustis
Military Construction, Air Force Total 0 0 218,700 1,619,300 1,671,700
........................ ...................... ..................................
Def-Wide NORTH CAROLINA Camp Lejeune Ambulatory Care Center (Camp 0 0 17,821 17,821 17,821
Geiger)
Def-Wide NORTH CAROLINA Camp Lejeune Ambulatory Care Center (Camp 0 0 27,492 27,492 27,492
Johnson)
Def-Wide NORTH CAROLINA Camp Lejeune MARSOC ITC Team Facility 0 0 0 30,000 30,000
Replacement
Military Construction, Defense-Wide Total 0 0 45,313 75,313 75,313
........................ ...................... ..................................
Army NG LOUISIANA Pineville National Guard Readiness Center 0 0 0 16,500 16,500
Army NG NEBRASKA Ashland Training Site, Various Facilities 0 0 0 35,000 35,000
Army NG NEBRASKA Ashland Flood Control Levee/Floodwall 0 0 0 8,500 8,500
Military Construction, Army National Guard Total 0 0 0 60,000 60,000
........................ ...................... ..................................
Total, Military Construction 0 0 874,093 3,978,093 4,119,813
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
----------------------------------------------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House Senate Conference Conference
Program Request Authorized Authorized Change Authorized
----------------------------------------------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy......................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................... 12,408,603 -611,529 69,800 36,177 12,444,780
Defense nuclear nonproliferation..... 1,993,302 41,785 -29,100 27,512 2,020,814
Naval reactors....................... 1,648,396 -16,254 0 -15,000 1,633,396
Federal salaries and expenses........ 434,699 -44,699 -11,700 0 434,699
Total, National nuclear security 16,485,000 -630,697 29,000 48,689 16,533,689
administration........................
Environmental and other defense
activities:
Defense environmental cleanup........ 5,506,501 109,500 21,231 5,527,732
Other defense activities............. 1,035,339 -3,000 -149,500 885,839
Defense nuclear waste disposal....... 26,000 -26,000 -26,000 -26,000 0
Total, Environmental & other defense 6,567,840 83,500 -29,000 -154,269 6,413,571
activities............................
Total, Atomic Energy Defense Activities.. 23,052,840 -547,197 -105,580 22,947,260
Total, Discretionary Funding................. 23,190,648 -547,197 -105,580 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security..... 137,808 137,808
Total, Nuclear Energy........................ 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program.......... 792,611 792,611
W76-2 Modification program............. 10,000 -10,000 10,000
Terminate effort..................... [-10,000]
W88 Alt 370............................ 304,186 304,186
W80-4 Life extension program........... 898,551 898,551
W87-1 Modification Program (formerly 112,011 -59,011 112,011
IW1)..................................
Unjustified growth................... [-59,011]
Total, Life extension programs and major 2,117,359 -69,011 2,117,359
alterations.............................
Stockpile systems
B61 Stockpile systems.................. 71,232 71,232
W76 Stockpile systems.................. 89,804 89,804
W78 Stockpile systems.................. 81,299 81,299
W80 Stockpile systems.................. 85,811 -5,607 85,811
Unjustified study requirement........ [-5,607]
B83 Stockpile systems.................. 51,543 -29,122 51,543
Unjustified growth................... [-29,122]
W87 Stockpile systems.................. 98,262 98,262
W88 Stockpile systems.................. 157,815 157,815
Total, Stockpile systems................. 635,766 -34,729 635,766
Weapons dismantlement and disposition
Operations and maintenance............. 47,500 47,500
Program increase
Stockpile services
Production support..................... 543,964 -43,964 543,964
Unjustified program growth........... [-33,964]
Program decrease..................... [-10,000]
Research and development support....... 39,339 -3,189 1,000 39,339
Unjustified program growth........... [-3,189]
UFR list--technology maturation...... [1,000]
R&D certification and safety........... 236,235 -34,395 10,000 236,235
Unjustified program growth........... [-34,395]
UFR list--technology maturation...... [10,000]
Management, technology, and production. 305,000 -5,000 305,000
Program decrease..................... [-5,000]
Total, Stockpile services................ 1,124,538 -86,548 11,000 1,124,538
Strategic materials
Uranium sustainment.................... 94,146 94,146
Plutonium sustainment.................. 712,440 -241,131 712,440
Pit production beyond 30 pits per [-241,131]
year................................
Tritium sustainment.................... 269,000 269,000
Lithium sustainment.................... 28,800 28,800
Domestic uranium enrichment............ 140,000 140,000
Strategic materials sustainment........ 256,808 256,808
Total, Strategic materials............... 1,501,194 -241,131 1,501,194
Total, Directed stockpile work............. 5,426,357 -431,419 11,000 5,426,357
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................. 57,710 57,710
Primary assessment technologies........ 95,169 95,169
Dynamic materials properties........... 133,800 133,800
Advanced radiography................... 32,544 32,544
Secondary assessment technologies...... 77,553 77,553
Academic alliances and partnerships.... 44,625 44,625
Enhanced Capabilities for Subcritical 145,160 145,160
Experiments...........................
Total, Science........................... 586,561 586,561
Engineering
Enhanced surety........................ 46,500 -6,783 8,000 46,500
Unjustified program growth........... [-6,783]
UFR list--technology maturation...... [8,000]
Delivery Environments (formerly Weapons 35,945 -12,916 35,945
Systems Engineering Assessment
Technology)...........................
Unjustified program growth........... [-12,916]
Nuclear survivability.................. 53,932 53,932
Enhanced surveillance.................. 57,747 57,747
Stockpile Responsiveness............... 39,830 -34,830 40,800 40,800 80,630
Unjustified request.................. [-34,830]
Program expansion.................... [40,800] [40,800]
Total, Engineering ...................... 233,954 -54,529 48,800 40,800 274,754
Inertial confinement fusion ignition and
high yield
Ignition and Other Stockpile Programs.. 55,649 55,649
Diagnostics, cryogenics and 66,128 66,128
experimental support..................
Pulsed power inertial confinement 8,571 8,571
fusion................................
Joint program in high energy density 12,000 12,000
laboratory plasmas....................
Facility operations and target 338,247 5,000 5,000 343,247
production............................
Program increase..................... [5,000] [5,000]
Total, Inertial confinement fusion and 480,595 5,000 5,000 485,595
high yield..............................
Advanced simulation and computing
Advanced simulation and computing...... 789,849 789,849
Construction:
18-D-620, Exascale Computing Facility 50,000 50,000
Modernization Project, LLNL.........
Total, Construction.................... 50,000 50,000
Total, Advanced simulation and computing. 839,849 839,849
Advanced manufacturing
Additive manufacturing................. 18,500 18,500
Component manufacturing development.... 48,410 10,000 3,590 52,000
UFR list--technology maturation...... [10,000] [3,590]
Process technology development......... 69,998 -39,084 69,998
Unjustified program growth........... [-39,804]
Total, Advanced manufacturing............ 136,908 -39,084 10,000 3,590 140,498
Total, RDT&E............................... 2,277,867 -88,613 58,800 49,390 2,327,257
Infrastructure and operations
Operations of facilities................. 905,000 -35,000 905,000
Unjustified program growth............. [-35,000]
Safety and environmental operations...... 119,000 -9,000 119,000
Unjustified program growth............. [-9,000]
Maintenance and repair of facilities..... 456,000 456,000
Recapitalization:
Infrastructure and safety.............. 447,657 447,657
Capability based investments........... 135,341 -26,284 135,341
Unjustified program growth........... [-26,284]
Total, Recapitalization.................. 582,998 -26,284 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS..............
18-D-690, Lithium Processing Facility, 32,000 7,000 32,000
Y-12 (formerly Lithium Production
Capability, Y-12).....................
Program increase..................... [7,000]
18-D-650, Tritium Finishing Facility, 27,000 27,000
SRS...................................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS.........................
15-D-612, Emergency Operations Center, 5,000 5,000
LLNL..................................
15-D-611, Emergency Operations Center, 4,000 4,000
SNL...................................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX..........................
06-D-141 Uranium processing facility Y- 745,000 745,000
12, Oak Ridge, TN.....................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL....
Total, Construction...................... 1,145,444 7,000 1,145,444
Total, Infrastructure and operations....... 3,208,442 -63,284 3,208,442
Secure transportation asset
Operations and equipment................. 209,502 209,502
Program direction........................ 107,660 107,660
Total, Secure transportation asset......... 317,162 317,162
Defense nuclear security
Operations and maintenance............... 778,213 -28,213 -13,213 765,000
Excess to need......................... [-28,213] [-13,213]
Total, Defense nuclear security............ 778,213 -28,213 -13,213 765,000
Information technology and cybersecurity... 309,362 309,362
Legacy contractor pensions................. 91,200 91,200
Total, Weapons Activities.................... 12,408,603 -611,529 69,800 36,177 12,444,780
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security......... 48,839 48,839
Domestic radiological security......... 90,513 90,513
International radiological security.... 60,827 20,000 18,080 78,907
Secure additional radiologic [20,000] [18,080]
materials...........................
Nuclear smuggling detection and 142,171 142,171
deterrence............................
Total, Global material security.......... 342,350 20,000 18,080 360,430
Material management and minimization
HEU reactor conversion................. 114,000 -15,000 99,000
Program decrease..................... [-15,000]
Nuclear material removal............... 32,925 32,925
Material disposition................... 186,608 186,608
Total, Material management & minimization 333,533 -15,000 318,533
Nonproliferation and arms control........ 137,267 137,267
Defense nuclear nonproliferation R&D..... 495,357 30,000 -19,500 4,432 499,789
Proliferation detection research....... [15,000]
Nonproliferation Stewardship program [-19,500]
strategic plan........................
Additional verification and detection [15,000] [4,432]
effort................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 79,000 79,000
Project...............................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 -6,500 220,000
Fabrication Facility, SRS.............
Program decrease..................... [-6,500]
Low-enriched uranium research and 0 20,000 20,000 20,000
development.............................
Program increase....................... [20,000] [20,000]
Total, Nonproliferation construction..... 299,000 -6,500 20,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 63,500 -19,500 27,512 1,635,019
Programs..................................
Legacy contractor pensions................. 13,700 13,700
Nuclear counterterrorism and incident 372,095 -31,715 -9,600 372,095
response program..........................
Unjustified cost growth.................. [-31,715]
Non-defense function realignment......... [-9,600]
DPRK phased denuclearization long-term 0 10,000
monitoring and verification...............
Program increase......................... [10,000]
Total, Defense Nuclear Nonproliferation...... 1,993,302 41,785 -29,100 27,512 2,020,814
Naval Reactors
Naval reactors development................. 531,205 -16,254 -15,000 516,205
Unjustified growth....................... [-16,254] [-15,000]
Columbia-Class reactor systems development. 75,500 75,500
S8G Prototype refueling.................... 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure............................
Construction:
20-D-931, KL Fuel Development Laboratory. 23,700 23,700
19-D-930, KS Overhead Piping............. 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF...........
Total, Construction........................ 282,600 282,600
Program direction.......................... 50,500 50,500
Total, Naval Reactors........................ 1,648,396 -16,254 -15,000 1,633,396
Federal Salaries And Expenses
Program direction.......................... 434,699 -44,699 -11,700 434,699
Unjustified growth....................... [-24,699]
Program decrease......................... [-20,000]
Alignment with FTEs authorized........... [-11,700]
Total, Office Of The Administrator........... 434,699 -44,699 -11,700 434,699
Defense Environmental Cleanup
Closure sites:
Closure sites administration............. 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations..............................
Central plateau remediation.............. 472,949 50,000 50,000 522,949
Program increase....................... [50,000] [50,000]
Richland community and regulatory support 5,121 5,121
Construction:
18-D-404 WESF Modifications and Capsule 11,000 11,000
Storage...............................
Total, Construction...................... 11,000 11,000
Total, Hanford site........................ 628,820 50,000 50,000 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning...........................
Rad liquid tank waste stabilization and 677,460 28,000 28,000 705,460
disposition.............................
Program increase....................... [28,000] [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct feed
LAW...................................
01-D-16 D, High-level waste facility... 30,000 -5,000 25,000
Program decrease..................... [-5,000]
01-D-16 E--Pretreatment Facility....... 20,000 -5,000 15,000
Program decrease..................... [-5,000]
Total, Construction...................... 690,000 -10,000 680,000
ORP Low-level waste offsite disposal..... 10,000 10,000
Total, Office of River Protection.......... 1,392,460 28,000 18,000 1,410,460
Idaho National Laboratory:
Idaho cleanup and waste disposition...... 331,354 331,354
Idaho community and regulatory support... 3,500 3,500
Total, Idaho National Laboratory........... 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory... 1,727 1,727
LLNL Excess facilities D&D............... 128,000 -73,000 55,000
Program decrease....................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit...... 15,300 15,300
Nevada................................. 60,737 60,737
Sandia National Laboratories........... 2,652 2,652
Los Alamos National Laboratory......... 195,462 195,462
Total, NNSA sites and Nevada off-sites..... 403,878 -73,000 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D................ 93,693 93,693
Total, OR Nuclear facility D & D......... 93,693 93,693
U233 Disposition Program................. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition............. 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 -5,269 10,000
facility............................
Program decrease................... [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility..................
Total, Construction.................... 64,269 -5,269 59,000
Total, OR cleanup and waste disposition.. 146,269 -5,269 141,000
OR community & regulatory support........ 4,819 4,819
OR technology development and deployment. 3,000 3,000
Total, Oak Ridge Reservation............... 292,781 -5,269 287,512
Savannah River Sites:
Savannah River risk management operations
Savannah River risk management 490,613 25,000 25,000 515,613
operations............................
Program increase..................... [25,000]
Construction:
18-D-402, Emergency Operations Center 6,792 6,792
Total, risk management operations........ 497,405 25,000 25,000 522,405
SR community and regulatory support...... 4,749 6,500 6,500 11,249
Program increase..................... [6,500]
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition.........
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC)........
20-D-401 Saltstone Disposal Unit #10, 500 500
11, 12..............................
19-D-701 SR Security sytem 0
replacement.........................
18-D-402 Saltstone Disposal Unit #8/9 51,750 51,750
17-D-402 Saltstone Disposal Unit #7.. 40,034 40,034
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site.......
Total, Construction.................... 163,272 163,272
Total, Savannah River site................. 1,463,132 31,500 31,500 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant.............. 299,088 299,088
Construction:
15-D-411 Safety significant confinement 58,054 58,054
ventilation system, WIPP..............
15-D-412 Exhaust shaft, WIPP........... 34,500 34,500
Total, Construction...................... 92,554 92,554
Total, Waste Isolation Pilot Plant......... 391,642 391,642
Program direction.......................... 278,908 278,908
Program support............................ 12,979 12,979
Safeguards and Security
Safeguards and Security.................. 317,622 317,622
Total, Safeguards and Security............. 317,622 317,622
Use of prior year balances................. -15,562 -15,562
Total, Defense Environmental Cleanup......... 5,506,501 109,500 21,231 5,527,732
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security. 139,628 139,628
Program direction........................ 72,881 72,881
Total, Environment, Health, Safety and 212,509 212,509
Security..................................
Independent enterprise assessments
Independent enterprise assessments....... 24,068 24,068
Program direction........................ 57,211 -3,000 -2,500 54,711
Non-defense function realignment....... [-3,000] [-2,500]
Total, Independent enterprise assessments.. 81,279 -3,000 -2,500 78,779
Specialized security activities............ 254,578 254,578
Office of Legacy Management
Legacy management........................ 283,767 -141,000 142,767
Program decrease....................... [-141,000]
Program direction........................ 19,262 19,262
Total, Office of Legacy Management......... 303,029 -141,000 162,029
Defense related administrative support
Chief financial officer.................. 54,538 54,538
Chief information officer................ 124,554 -6,000 118,554
Program decrease....................... [-6,000]
Total, Defense related administrative 179,092 -6,000 173,092
support...................................
Office of Hearings and Appeals............. 4,852 4,852
Subtotal, Other Defense Activities........... 1,035,339 -3,000 -149,500 885,839
Total, Other Defense Activities.............. 1,035,339 -3,000 -149,500 885,839
Defense Nuclear Waste Disposal
Yucca Mountain and interim storage......... 26,000 -26,000 -26,000 -26,000 0
Program cut.............................. 0 [-26,000] [-26,000] [-26,000]
Total, Defense Nuclear Waste Disposal........ 26,000 -26,000 -26,000 -26,000 0
----------------------------------------------------------------------------------------------------------------
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
Intelligence authorizations for fiscal years 2018, 2019, and 2020
(secs. 5001-6747)
The Senate bill contained Division F that included the
Intelligence Authorization Act for Fiscal Year 2020 and
Division G that included the Intelligence Authorization Act for
fiscal years 2018 and 2019.
The House amendment contained no similar provisions.
The House recedes with an amendment that would make
various modifications to such provisions.
DIVISION F--OTHER MATTERS
Title LXXI--Sanctions With Respect to North Korea
Sanctions with respect to North Korea and Financial Industry Guidance
to Halt Trafficking Act (secs. 7101-7155)
The Senate bill contained multiple provisions (sections
6901, 6911-6913, 6921-6925, 6931-6935, 6941-6946, 6951-6954,
6961-6966) that would strengthen United States sanctions on
North Korea, impose oversight measures concerning sanctions on
North Korea, and strengthen the Department of Treasury's role
in combating human trafficking, among other measures.
The House amendment contained multiple similar provisions
(sections 1099Z-1-1099Z-8).
The House recedes with an amendment that would provide
for significant enhancement of economic sanctions on North
Korea and foreign persons involved with North Korea, including
new secondary banking sanctions and broadening primary trade-
based sanctions provided for in the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122), hereafter
referred to as NKSPEA. In addition, it would provide for
increased congressional oversight in response to North Korea's
aggressive nuclear and ballistic missile testing, sanctions
evasion, and global compliance failures weakening enforcement
of United Nations Security Council (UNSC) resolutions. The
amendment would also provide for significant guidance to the
financial industry on strengthening measures to combat human
trafficking.
More specifically, the amendment would impose such
``secondary banking sanctions'' as asset blocking and
restrictions on correspondent accounts, and any other penalty
authorized by the International Emergency Economic Powers Act
(Public Law 95-223), hereafter referred to as IEEPA, against
foreign financial institutions that provide financial services
to certain sanctioned persons. Furthermore, the amendment would
prohibit transactions with the same types of certain sanctioned
persons by persons owned or controlled by U.S. financial
institutions, and provides for civil IEEPA penalty authority
against both the person owned or controlled and as appropriate
its parent U.S. financial institution.
The amendment would also expand on the list of
designation requirements for mandatory sanctions provided in
NKSPEA, by adding as mandatory: any person that engages in the
import or export, including of related services or technology,
of coal, textiles, seafood, iron, or iron ore; and in crude oil
or refined petroleum products above UNSC-set limits. The
amendment would also require the imposition of sanctions with
respect to any person who engages in, or otherwise facilitates:
a transfer of North Korean government funds or property,
contributing to a material violation of a UNSC resolution; the
exportation of workers from North Korea; the sale or transfer
of vessels to North Korea, or their registration, chartering or
insurance; bribery of a North Korean official; or the
significant misappropriation of public funds.
The amendment would also provide for enhanced guidance to
the financial industry to combat human trafficking by:
elevating human trafficking as an enumerated function of the
U.S. Treasury Office of Terrorism and Financial Intelligence
and requiring increased coordination and reporting related to
human trafficking; strengthening the role that anti-money
laundering and other tools play in combating human trafficking
by requiring the U.S. Inter-Agency Task Force to Monitor and
Combat Trafficking to provide certain policy recommendations to
federal regulators and to Congress; and underscoring the sense
of Congress that adequate funding be provided for public
outreach and critical federal efforts to combat human
trafficking at home and abroad.
Title LXXII--Sanctions With Respect to Foreign Traffickers of Illicit
Synthetic Opioids
Sanctions with respect to foreign traffickers of illicit synthetic
opioids (secs. 7201-7235)
The Senate bill contained a provision (sec. 6801-6837)
that would strengthen United States sanctions against foreign
synthetic opioid traffickers, financial institutions, and
others that assist such entities. It would also establish a
Commission on Combating Synthetic Opioid Trafficking to report
on how to combat more effectively the flow of synthetic opioids
from China, Mexico, and elsewhere, among other measures.
The House amendment contained a similar provision (sec.
1701-1736).
The House recedes with a clarifying amendment.
Title LXXIII--PFAS
Definition of Administrator (sec. 7302)
The Senate bill contained a provision (sec. 6701) that
would define the term ``Administrator'' for this title.
The House amendment contained no similar provision.
The House recedes.
Drinking Water (secs. 7311-7312)
The Senate bill contained a series of provisions (sec.
6721-6724) that would require the Administrator of the
Environmental Protection agency to promulgate a national
primary drinking water regulation for, require monitoring of,
and establish drinking water state revolving funds for
perfluoroalkyl and polyfluoroalkyl substances.
The House amendment contained no similar provision.
The House recedes with an amendment that would eliminate
the requirement to establish a national primary drinking water
standard and the accompanying enforcement provision and makes
various other technical modifications.
PFAS Release Disclosure (secs. 7321)
The Senate bill contained a provision (sec. 6711) that
would include Perfluorooctanoic acid, Perfluorooctane sulfonic
acid and their associated salts in the toxics release
inventory.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
USGS Performance Standard (secs. 7331-7335)
The Senate bill contained provisions (sec. 6731-6736)
that would direct the director of the United States Geological
Survey to establish a performance standard for the detection of
highly fluorinated compounds, to conduct nationwide sampling,
and to use the data to inform and enhance assessments of
exposure.
The House amendment contained a similar provision (sec.
330G)
The House recedes with multiple technical amendments.
Emerging Contaminants (secs. 7341-7342)
The Senate bill contained provisions (sec. 6741-6742)
that would require the Administrator of the Environmental
Protection Agency to review the Federal efforts of research,
development, and response to emerging contaminants.
The House amendment contained no similar provision.
The House recedes with a technical amendment.
Toxic Substances Control Act and Other Matters (secs. 7351-7362)
The Senate bill contained provisions (sec. 6751-6754)
that would direct the Administrator of the Environmental
Protection Agency to take final action on the proposed rule
entitled ``Long-Chain Perfluoroalkyl Carboxylate and
Perfluoroalkyl Sulfonate Chemical Substances; Significant New
Use Rule,'' to publish interim disposal guidance, to conduct
research and development efforts focused on perfluoroalkyl and
polyfluoroalkyl substances.
The House amendment contained no similar provisions.
The House recedes with multiple technical amendments.
Title LXXIV--Caesar Syria Civilian Protection Act of 2019
Caesar Syria Civilian Protection Act of 2019 (secs. 7401-7438)
The conference agreement includes a provision known as
the Caesar Syria Civilian Protection Act of 2019 that would
sanction foreign persons who knowingly provide significant
financial, material, or technological support to, or knowingly
engage in a significant transaction with the Government of
Syria, or military contractors, mercenaries, or paramilitary
forces that knowingly operate in a military capacity inside
Syria for or on behalf of the Government of Syria, the
Government of the Russian Federation, or the Government of
Iran. The provision would also require the Secretary of the
Treasury to determine whether reasonable grounds exist for
concluding that the Central Bank of Syria is a financial
institution of primary money laundering concern and, if so,
impose relevant sanctions on the Central Bank of Syria. The
provision would also authorize the Secretary of State to
provide support to entities conducting criminal investigations,
supporting prosecutions, or collecting evidence against those
who have committed war crimes or crimes against humanity in
Syria. Lastly, the provision would require the President to
produce various strategies, assessments, and briefings related
to the provision of humanitarian assistance and the protection
of civilians.
Title LXXV--Protecting Europe's Energy Security
Protecting Europe's Energy Security (secs. 7501-7503)
The conference agreement includes a provision that would
express the sense of Congress concerning United States
relations with the European Union and Germany and impose
sanctions with respect to provision of certain vessels for the
construction of the Nord Stream 2 and TurkStream pipeline
projects.
Title LXXVI--Other Matters
Subtitle A--Federal Employee Paid Leave Act
Federal Employee Paid Leave Act (secs. 7601-7606)
The House amendment contained several provisions (sec.
1121 through 1126) that would provide 12 weeks of paid leave to
the Federal workforce for reasons covered by the Family and
Medical Leave Act of 1993 (Public Law 115-232).
The Senate bill contained no similar provision.
The Senate recedes with an amendment that would provide
12 weeks of paid leave to Federal employees in connection with
the birth or placement of a child to an eligible employee.
Subtitle B--Other Matters
Liberian refugee immigration fairness (sec. 7611)
The Senate bill contained a provision (sec. 6013) that
would require, not later than December 31, 2019, the Secretary
of Defense, in consultation with the Secretary of State, to
submit a report on the impact of Liberian nationals on the
national security, foreign policy, and economic, and
humanitarian interests of the United States, and a
justification for adjustment of status of qualifying Liberians
to that of lawful permanent residents.
The House amendment contained no similar provision.
The House recedes with an amendment that would provide
for the adjustment of the status of certain nationals of
Liberia to that of lawful permanent residents.
Pensacola Dam and Reservoir, Grand River, Oklahoma (sec. 7612)
The Senate bill contained a provision (sec. 6021) that
would clarify the respective jurisdictions of the Army Corps of
Engineers and the Federal Energy Regulatory Commission (FERC)
at the Grand Lake O' the Cherokees, Oklahoma.
The House bill contained no similar provision.
The House recedes with technical amendments and an
amendment that would require the Army Corps of Engineers to
conduct a study of the resiliency of upstream infrastructure
and lands.
Limitation on certain rolling stock procurements; cybersecurity
certification for rail rolling stock and operations (sec. 7613)
The Senate bill contained a provision (sec. 6015) that
would amend section 5323 of title 49, United States Code, to
prevent the use of Federal transit dollars to procure rolling
stock from certain manufacturers and an associated annual
process for certifying compliance, with an exception for
preexisting contracts for rail rolling stock. This provision
also would require that any transit service operator of rail
rolling stock develop and execute a cybersecurity risk
reduction plan in accordance with certain standards and would
include arrangements for third-party testing of certain
components.
The House amendment contained a similar provision (sec.
896) that would apply overall, only to rail rolling stock.
The House recedes with amendments that would add
exceptions to implementation including a grace period of two
years from enactment, for certain rolling stock, and other
technical amendments.
LEGISLATIVE PROVISIONS NOT ADOPTED
PFAS designation, effluent limitations, and pretreatment standards
The House amendment contained a provision (sec. 330A)
that would require the Administrator of the Environmental
protection agency to include per- and polyfluoroalkyl
substances to the toxic pollutant list in the Federal Water
Pollution Control Act.
The Senate bill contained no similar provision.
The House recedes.
Designation as hazardous substances
The House amendment contained a provision (sec. 330O)
that would require the Administrator of the Environmental
Protection Agency to designate all per- and polyfluoroalkyl
substances as hazardous substances under section 102(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602(a)).
The Senate bill contained no similar provision.
The House recedes.
Utilizing significant emissions with innovative technologies
The Senate bill contained a provision (sec. 6001) that
would require the Administrator of the Environmental Protection
Agency to conduct direct air capture research.
The House amendment contained no similar provision.
The Senate recedes.
And the House agree to the same.
From the Committee on Armed Services, for
consideration of the Senate bill and the House
amendment, and modifications committed to
conference:
Adam Smith,
Susan A. Davis,
James R. Langevin,
Rick Larsen,
Jim Cooper,
Joe Courtney,
John Garamendi,
Jackie Speier,
Donald Norcross,
Ruben Gallego,
Seth Moulton,
Salud O. Carbajal,
Anthony G. Brown,
Ro Khanna,
Filemon Vela,
Andy Kim,
Kendra S. Horn,
Gilbert Ray Cisneros, Jr.,
Mac Thornberry,
Joe Wilson,
Michael R. Turner,
Mike Rogers,
K. Michael Conaway,
Doug Lamborn,
Robert J. Wittman,
Elise M. Stefanik,
Trent Kelly,
Don Bacon,
Jim Banks,
Liz Cheney,
From the Permanent Select Committee on
Intelligence, for consideration of matters
within the jurisdiction of that committee under
clause 11 of rule X:
Adam B. Schiff,
Terri A. Sewell,
Devin Nunes,
From the Committee on the Budget, for
consideration of secs. 4 and 10608 of the
Senate bill, and secs. 1006 and 1112 of the
House amendment, and modifications committed to
conference:
John A. Yarmuth,
Scott H. Peters,
Bill Johnson,
From the Committee on Education and Labor, for
consideration of secs. 571, 572, and 5501 of
the Senate bill, and secs. 211, 576, 580,
1099N, 1117, 3120, and 3503 of the House
amendment, and modifications committed to
conference:
Robert C. ``Bobby'' Scott,
Lori Trahan,
From the Committee on Energy and Commerce, for
consideration of secs. 214, 315, 318, 703,
3112, 3113, 3201-03, 5318, 6001, 6006, 6021,
6701, 6711, 6721-24, 6741, 6742, 6751-54, 8101,
8202, 10421, 10422, and 10742 of the Senate
bill, and secs. 315, 330F, 330H, 330O, 606,
737, 3111, 3112, 3127, 3128, 3201, and 3202 of
the House amendment, and modifications
committed to conference:
Fred Upton,
From the Committee on Financial Services, for
consideration of secs. 6017, 6018, 6804, 6811,
6813-16, 6834, 6835, and title LXIX of the
Senate bill, and secs. 550K, 560G, subtitle I
of title X, secs. 1240B, 1292, 1704, 1711,
1713-16, 1733, and 2843 of the House amendment,
and modifications committed to conference:
Brad Sherman,
Andy Barr,
From the Committee on Foreign Affairs, for
consideration of secs. 834, 1011, 1043, 1202,
1203, 1205, 1206, 1211, 1212, 1215, 1221-24,
1231-36, 1238, 1252, 1281-84, title XIII, secs.
1671, 1681, 2822, 6203-06, 6210, 6213, 6215,
6231, 6236, title LXVIII, secs. 6921, 6922,
6931, 6941, 6943, 6954, part I of subtitle B of
title LXXXV, secs. 8562, and 10701 of the
Senate bill, and secs. 634, 1036, 1046, 1050,
1099X, 1201, 1202, 1204, 1207, 1210, 1213,
1215, 1218, 1221-25, 1229, 1231-34, 1240A,
1241, 1250D, 1251, 1255, 1258, 1260A, 1260B,
1265, 1266, 1269, 1270, 1270G, 1270H, 1270I,
1270N, 1270R, 1270S, 1270T, 1270W, subtitle I
of title XII, subtitle J of title XII, title
XIII, secs. 1521, 1669, and title XVII of the
House amendment, and modifications committed to
conference:
Michael T. McCaul,
From the Committee on Homeland Security, for
consideration of secs. 6006, 6012, and 8543 of
the Senate bill, and modifications committed to
conference:
Max Rose,
Lauren Underwood,
Mark Walker,
From the Committee on the Judiciary, for
consideration of secs. 1025, 1031, 1044, 1682,
6004, 6206, 6804, 6811, 6813-16, 6835, 6921,
and 6944 of the Senate bill, and secs. 530F,
530G, 550D, 550F, 550J, 570H, 729, 827, 1011,
1048, 1049, 1050C, 1093, 1099C, 1099K, 1099V,
1099Z-3, 1212, 1296A, 1704, 1711, 1713-16, and
1733 of the House amendment and modifications
committed to conference:
Zoe Lofgren,
From the Committee on Natural Resources, for
consideration of secs. 314, 2812, 2814, 6001,
6020, subtitle C of title LXVII, sec. 8524,
part I of subtitle B of title LXXXV, secs.
8554, and 8571 of the Senate bill, and secs.
330G, 1094, 1099D, 1099F, 1099U, 2851, subtitle
F of title XXVIII, secs. 2876, and 2880 of the
House amendment, and modifications committed to
conference:
Debra A. Haaland,
Rob Bishop,
From the Committee on Oversight and Reform, for
consideration of secs. 218, 530, 559, 579,
1081, 1082, title XI, secs. 5802, 6012,
subtitle B of title LXV, secs. 9304, 9307,
9311, 9313, 9314, 10303, 10432, 10434, 10601,
10603-05, 10612, 10741, and 10742 of the Senate
bill, and secs. 212, 239, 5500, 629, 633, 804,
829, 842, 861, 872, 877, 883, 884, 891, 895,
899E, 899H, 899I, 1064, 1085, 1099B, title XI,
secs. 1704, 1711, 1713-16, and 3127 of the
House amendment, and modifications committed to
conference:
Stephen F. Lynch,
Gerald E. Connolly,
Mark E. Green,
From the Committee on Science, Space, and
Technology, for consideration of secs. 216,
219, 1612, 6001, 6006, 6008, 6009, 6742, 6754,
8524, and 10742 of the Senate bill, and secs.
214, 217, 882, and 1089 of the House amendment,
and modifications committed to conference:
Eddie Bernice Johnson,
Mikie Sherrill,
James R. Baird,
From the Committee on Small Business, for
consideration of sec. 841 of the Senate bill,
and secs. 872-76, 878, 879, 881, 882, and 886-
89 of the House amendment, and modifications
committed to conference:
Nydia M. Velazquez,
Jared F. Golden,
Steve Chabot,
From the Committee on Transportation and
Infrastructure, for consideration of secs. 353,
1612, 1682, 2805, title XXXV, secs. 6001, 6006,
6012, 6015, 6019, 6021, 6754, 8500, 8511, 8517,
8519, 8520, 8522, 8523, 8525, 8532, 8543, 8545,
8546, and 8571 of the Senate bill, and secs.
311, 313, 330A, 330O, 351, 354, 555, 569, 580C,
606, 896, 2808, 3501, and 3504 of the House
amendment, and modifications committed to
conference:
John Katko,
From the Committee on Veterans' Affairs, for
consideration of secs. 568, 721, 726, 727,
1083, 1431, 2812, 2813, 5702, and 6007 of the
Senate bill, and secs. 530, 530A, 545, 546,
550E, 550G, 550H, 550I, 550J, 569, 570E, 570F,
574, 624, 705, 706, 713, 715, 1093, 1126, and
1411 of the House amendment, and modifications
committed to conference:
Mark Takano,
Julia Brownley,
Steve Watkins,
Managers on the Part of the House.
James M. Inhofe,
Roger F. Wicker,
Deb Fischer,
Tom Cotton,
Mike Rounds,
Joni Ernst,
Thom Tillis,
Dan Sullivan,
David Perdue,
Kevin Cramer,
Martha McSally,
Rick Scott,
Marsha Blackburn,
Josh Hawley,
Jack Reed,
Jeanne Shaheen,
Richard Blumenthal,
Mazie K. Hirono,
Tim Kaine,
Angus S. King, Jr.,
Martin Heinrich,
Gary C. Peters,
Tammy Duckworth,
Doug Jones,
Managers on the Part of the Senate.
[all]
