skip to main content

H.R. 2500 (116th): National Defense Authorization Act for Fiscal Year 2020


The text of the bill below is as of Aug 11, 2020 (Placed on Calendar in the Senate). The bill was not enacted into law.


II

Calendar No. 512

116th CONGRESS

2d Session

H. R. 2500

IN THE SENATE OF THE UNITED STATES

September 10, 2019

Received

August 11, 2020

Read twice and placed on the calendar

AN ACT

To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2020.

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.

(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.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Navy Programs

Sec. 111. Modification of annual report on cost targets for certain aircraft carriers.

Sec. 112. Repeal of requirement to adhere to Navy cost estimates for certain aircraft carriers.

Sec. 113. Ford class aircraft carrier support for F–35C aircraft.

Sec. 114. Prohibition on use of funds for reduction of aircraft carrier force structure.

Sec. 115. Design and construction of amphibious transport dock designated LPD–31.

Sec. 116. Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program.

Sec. 117. Limitation on availability of funds for VH–92A helicopter.

Sec. 118. National Defense Reserve Fleet Vessel.

Sec. 119. Report on plans to support and maintain aircraft at Marine Corps air stations.

Subtitle C—Air Force Programs

Sec. 121. Modification of requirement to preserve certain C–5 aircraft.

Sec. 122. Modification of limitation on use of funds for KC–46A aircraft.

Sec. 123. F–15EX aircraft program.

Sec. 124. Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory.

Sec. 125. Limitation on availability of funds for VC–25B aircraft.

Sec. 126. Limitation on availability of funds for retirement of RC–135 aircraft.

Sec. 127. Report on aircraft fleet of the Civil Air Patrol.

Sec. 128. Increase in funding for RC–135 aircraft.

Sec. 129. Provisions relating to RC–26B manned intelligence, surveillance, and reconnaissance aircraft.

Sec. 130. Air Force Aggressor Squadron Modernization.

Sec. 130A. Open Skies Treaty aircraft recapitalization program.

Subtitle D—Defense-wide, Joint, and Multiservice Matters

Sec. 131. Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program.

Sec. 132. Program requirements for the F–35 aircraft program.

Sec. 133. Reports on F–35 aircraft program.

Sec. 134. Requirement to seek compensation for failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program.

Sec. 135. Procurement authority for light attack aircraft.

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. Temporary inclusion of joint artificial intelligence center of the Department of Defense in personnel management authority to attract experts in science and engineering.

Sec. 213. Joint Hypersonics Transition Office.

Sec. 214. Modification of proof of concept commercialization program.

Sec. 215. Contract for national security research studies.

Sec. 216. JASON Scientific Advisory Group.

Sec. 217. Direct Air Capture and Blue Carbon Removal Technology Program.

Sec. 218. Foreign malign influence operations research program.

Sec. 219. Sensor data integration for fifth generation aircraft.

Sec. 220. Documentation relating to Advanced Battle Management System.

Sec. 221. Documentation relating to B–52 commercial engine replacement program.

Sec. 222. Diversification of the science, technology, research, and engineering workforce of the Department of Defense.

Sec. 223. Policy on the talent management of digital expertise and software professionals.

Sec. 224. Development and implementation of digital engineering capability and automated software testing and evaluation.

Sec. 225. Process to align policy formulation and emerging technology development.

Sec. 226. Limitation on transition of Strategic Capabilities Office of the Department of Defense.

Sec. 227. Sense of Congress on the importance of continued coordination of studies and analysis research of the Department of Defense.

Sec. 228. Global positioning system modernization.

Sec. 229. Musculoskeletal injury prevention research.

Sec. 230. STEM jobs action plan.

Sec. 230A. Sense of Congress on future vertical lift technologies.

Sec. 230B. Modification of defense quantum information science and technology research and development program.

Sec. 230C. Trusted supply chain and operational security standards for microelectronics.

Subtitle C—Reports and Other Matters

Sec. 231. Master plan for implementation of authorities relating to science and technology reinvention laboratories.

Sec. 232. Master plan for infrastructure required to support research, development, test, and evaluation missions.

Sec. 233. Strategy and implementation plan for fifth generation information and communications technologies.

Sec. 234. Department-wide software science and technology strategy.

Sec. 235. Artificial intelligence education strategy.

Sec. 236. Biannual report on the Joint Artificial Intelligence Center.

Sec. 237. Quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 238. Grants for civics education programs.

Sec. 239. Technology and national security fellowship.

Sec. 240. National Security Commission on Defense Research at Historically Black Colleges and Universities and Other Minority Institutions.

Sec. 241. Increase in funding for basic operational medical research science.

Sec. 242. Increase in funding for university research initiatives.

Sec. 243. Quantum Information Science Innovation Center.

Sec. 244. Increase in funding for Naval University Research Initiatives.

Sec. 245. Increase in funding for university and industry research centers.

Sec. 246. Increase in funding for national security innovation capital.

Sec. 247. Increase in funding for Air Force University Research Initiatives.

Sec. 248. Increase in funding for Naval University Research Initiatives.

Sec. 249. Study and report on lab-embedded entrepreneurial fellowship program.

Sec. 250. Independent study on threats to United States national security from development of hypersonic weapons by foreign nations.

Sec. 251. Report on innovation investments and management.

Sec. 252. Requirement for annual report summarizing the operational test and evaluation activities of the Department of Defense.

Sec. 253. Increase in funding for Army University Research Initiatives.

Sec. 254. Funding for anti-tamper heterogenous integrated microelectronics.

Sec. 255. Briefing on use of blockchain technology for defense purposes.

Sec. 256. Efforts to counter manipulated media content.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Sec. 302. Funding for Army Community Services.

Sec. 303. Increase in funding for civil military programs.

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 make final finding on designation of geographic areas of concern for purposes of energy projects with adverse impacts on military operations and readiness.

Sec. 313. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness.

Sec. 314. Department of Defense improvement of previously conveyed utility systems serving military installations.

Sec. 315. Five-year authority for National Guard environmental restoration projects for environmental responses.

Sec. 316. Sale of electricity from alternate energy and cogeneration production facilities.

Sec. 317. Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.

Sec. 318. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent.

Sec. 319. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations.

Sec. 320. Prohibition on use of fluorinated aqueous film forming foam for training exercises.

Sec. 321. Real-time noise-monitoring study at Navy and Air Force installations where tactical fighter aircraft operate.

Sec. 322. Development of climate vulnerability and risk assessment tool.

Sec. 323. Provision of uncontaminated water for agricultural use on land contaminated by PFOS and PFOA used on military installations.

Sec. 324. Removal of barriers that discourage investments to increase resiliency to climate change.

Sec. 325. Offshore energy development.

Sec. 326. Use of proceeds from sale of recyclable materials.

Sec. 327. Disposal of recyclable materials.

Sec. 328. Climate-conscious budgeting of Department of Defense.

Sec. 329. Funding for detonation chambers in Vieques, Puerto Rico.

Sec. 330. Comptroller General report on environmental cleanup of Vieques and Culebra, Puerto Rico.

Sec. 330A. PFAS designation, effluent limitations, and pretreatment standards.

Sec. 330B. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging.

Sec. 330C. Comptroller General study on PFAS contamination.

Sec. 330D. Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam.

Sec. 330E. Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl substances for land-based applications of firefighting foam.

Sec. 330F. Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern.

Sec. 330G. Detection of perfluorinated compounds.

Sec. 330H. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances.

Sec. 330I. Findings, purpose, and apology.

Sec. 330J. Study on energy savings performance contracts.

Sec. 330K. Reduction of Department of Defense facility water use.

Sec. 330L. Plan to phase out use of burn pits.

Sec. 330M. Information relating to locations of burn pit use.

Sec. 330N. Radium testing at certain locations of the Department of the Navy.

Sec. 330O. Designation as hazardous substances.

Subtitle C—Logistics and Sustainment

Sec. 331. Material readiness metrics and objectives.

Sec. 332. Clarification of authority regarding use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities.

Sec. 333. F–35 Joint Strike Fighter sustainment.

Sec. 334. Report on strategic policy for prepositioned materiel and equipment.

Sec. 335. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam.

Sec. 336. Report on effects of increased automation of defense industrial base on manufacturing workforce.

Sec. 337. Extension of temporary installation reutilization authority for arsenals, depots and plants.

Sec. 338. Pilot program to train skilled technicians in critical shipbuilding skills.

Subtitle D—Reports

Sec. 341. Readiness reporting.

Sec. 342. Extension of deadline for transition from service-specific defense readiness reporting systems.

Sec. 343. Report on Navy ship depot maintenance budget.

Sec. 344. Report on Runit Dome.

Sec. 345. Comptroller General study of out-of-pocket costs for service dress uniforms.

Sec. 346. Inspector General audit of certain commercial depot maintenance contracts.

Sec. 347. 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.

Subtitle E—Other Matters

Sec. 351. Inclusion of over-the-horizon radars in early outreach procedures.

Sec. 352. Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.

Sec. 353. Expanded transfer and adoption of military animals.

Sec. 354. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.

Sec. 355. Defense personal property program.

Sec. 356. Public events about Red Hill Bulk Fuel Storage Facility.

Sec. 357. Sense of Congress regarding Innovative Readiness Training program.

Sec. 358. Pilot program on reduction of effects of military aviation noise on private residences.

Sec. 359. Completion of Department of Defense Directive 2310.07E regarding missing persons.

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.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Management policies for joint qualified officers.

Sec. 502. Grade of Chief of the Veterinary Corps of the Army.

Sec. 503. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list.

Sec. 504. Availability on the internet of certain information about officers serving in general or flag officer grades.

Sec. 505. Report on rate of maternal mortality among members of the Armed Forces.

Sec. 506. Functional badge or insignia upon commission for chaplains.

Subtitle B—Reserve Component Management

Sec. 511. Grade of certain chiefs of reserve components.

Sec. 512. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components.

Sec. 513. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units.

Sec. 514. Guidance for use of unmanned aircraft systems by the National Guard.

Sec. 515. Junior Reserve Officers’ Training Corps.

Sec. 516. JROTC computer science and cybersecurity program.

Sec. 517. Programs of scholarships for members of Junior Reserve Officers' Training Corps units toward obtaining private pilot's certificates.

Sec. 518. Sense of Congress regarding Junior Reserve Officers' Training Corps.

Sec. 519. Sense of Congress regarding the National Guard Youth Challenge Program.

Sec. 520. Pilot program on the Junior Reserve Officers’ Training Corps program at Lucy Garrett Beckham High School, Charleston County, South Carolina.

Sec. 520A. Junior Reserve Officers’ Training Corps threshold.

Sec. 520B. Inclusion of homeschooled students in Junior Reserve Officer's Training Corps units.

Sec. 520C. Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents.

Sec. 520D. National guard support to major disasters.

Sec. 520E. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters.

Sec. 520F. Report regarding National Guard Youth Challenge Program.

Sec. 520G. Permanent extension of suicide prevention and resilience program for the reserve components.

Sec. 520H. Temporary authority to use Air Force reserve component personnel to provide training and instruction regarding pilot training.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Establishment of board of appeals regarding denied requests for upgraded discharges and dismissals.

Sec. 522. Prohibition on reduction in the number of personnel assigned to duty with a service review agency.

Sec. 523. Advisory committee on record and service review boards.

Sec. 524. Time requirements for certification of honorable service.

Sec. 525. Prohibition on implementation of military service suitability determinations for foreign nationals who are lawful permanent residents.

Sec. 526. Strategic plan for diversity and inclusion.

Sec. 527. Independent study on barriers to entry into the Armed Forces for English learners.

Sec. 528. Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense.

Sec. 529. Sense of Congress regarding accession physicals.

Sec. 530. Recognition and honoring of service of individuals who served in United States Cadet Nurse Corps during World War II.

Sec. 530A. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the armed forces for benefits and decorations when the service records are incomplete because of damage to the official record.

Sec. 530B. Nondiscrimination with respect to service in the Armed Forces.

Sec. 530C. Study regarding screening individuals who seek to enlist in the Armed Forces.

Sec. 530D. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims.

Sec. 530E. 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. 530F. Notification to Secretary of Homeland Security of honorable discharges of non-citizens.

Sec. 530G. Prohibition on involuntary separation or deportation of members of the Armed Forces who are DACA recipients or have temporary protected status.

Sec. 530H. Review of discharge characterization.

Subtitle D—Military Justice

Sec. 531. Command influence.

Sec. 532. Statute of limitations for certain offenses.

Sec. 533. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice.

Sec. 534. Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces.

Sec. 535. Increase in investigative personnel and Victim Witness Assistance Program liaisons.

Sec. 536. Increase in number of digital forensic examiners for the military criminal investigation organizations.

Sec. 537. Pilot programs on defense investigators in the military justice system.

Sec. 538. Pilot program on prosecution of special victim offenses committed by attendees of military service academies.

Sec. 539. Timely disposition of nonprosecutable sex-related offenses.

Sec. 540. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses.

Sec. 540A. Assessment of racial, ethnic, and gender disparities in the military justice system.

Sec. 540B. Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military justice.

Sec. 540C. Training for commanders in the armed forces on their role in all stages of military justice in connection with sexual assault.

Subtitle E—Other Legal Matters

Sec. 541. Standard of evidence applicable to investigations and reviews related to protected communications of members of the Armed Forces and prohibited retaliatory actions.

Sec. 542. Expansion of Special Victims' Counsel for victims of sex-related or domestic violence offenses.

Sec. 543. Notification of issuance of military protective order to civilian law enforcement.

Sec. 544. Policies and procedures on registration at military installations of civil protection orders applicable to members of the Armed Forces assigned to such installations and certain other individuals.

Sec. 545. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.

Sec. 546. Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act.

Sec. 547. Consultation regarding victim's preference in prosecution jurisdiction.

Sec. 548. Extension and expansion of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 549. Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 550. Safe to report policy applicable across the Armed Forces.

Sec. 550A. Availability of Special Victims’ Counsel and special victim prosecutors at military installations.

Sec. 550B. 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. 550C. Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned.

Sec. 550D. Copyright protection for civilian faculty of accredited institutions.

Sec. 550E. Preliminary inquiry on Arlington National Cemetery burial.

Sec. 550F. Availability of records for National Instant Criminal Background Check System.

Sec. 550G. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service.

Sec. 550H. To resolve controversies under Servicemembers Civil Relief Act.

Sec. 550I. Limitation on waiver of rights and protections under Servicemembers Civil Relief Act.

Sec. 550J. Preservation of right to bring class action under Servicemembers Civil Relief Act.

Sec. 550K. Effective date of rule regarding payday lending protections.

Sec. 550L. Strengthening Civilian and Military Partnerships to Respond to Domestic and Sexual Violence.

Sec. 550M. Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing.

Sec. 550N. Initiative to improve the capacity of military criminal investigative organizations to prevent child sexual exploitation.

Sec. 550O. Treatment of information in Catch a Serial Offender Program for certain purposes.

Sec. 550P. Preservation of recourse to restricted report on sexual assault for victims of sexual assault being investigated following certain victim or third-party communications.

Subtitle F—Member Education

Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as students at law schools.

Sec. 552. Education of members of the Armed Forces on career readiness and professional development.

Sec. 553. Defense Language Institute Foreign Language Center.

Sec. 554. Expansion of Department of Defense STARBASE Program.

Sec. 555. Inclusion of Coast Guard in Department of Defense STARBASE Program.

Sec. 556. Degree granting authority for United States Army Armament Graduate School.

Sec. 557. Congressional nominations for Senior Reserve Officers’ Training Corps scholarships.

Sec. 558. Consideration of application for transfer for a student of a military service academy who is the victim of a sexual assault or related offense.

Sec. 559. Redesignation of the Commandant of the United States Air Force Institute of Technology as the Director and Chancellor of such Institute.

Sec. 560. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force.

Sec. 560A. Safe-to-report policy applicable to military service academies.

Sec. 560B. Recoupment of funds from cadets and midshipmen separated for criminal misconduct.

Sec. 560C. Commission of graduates of the military service academies as officers.

Sec. 560D. Support of military service academy foundations.

Sec. 560E. Requirement to continue provision of tuition assistance for members of the armed forces.

Sec. 560F. Review of institutions of higher education participating in the Department of Defense Tuition Assistance Program.

Sec. 560G. Inclusion of information on free credit monitoring in annual financial literacy briefing.

Sec. 560H. Speech disorders of cadets and midshipmen.

Subtitle G—Member Training and Transition

Sec. 561. Prohibition on gender-segregated training at Marine Corps Recruit Depots.

Sec. 562. Medical personnel at Marine Corps Recruit Depots.

Sec. 563. Assessment of deaths of recruits under the jurisdiction of the Secretary of the Navy.

Sec. 564. Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214).

Sec. 565. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214).

Sec. 566. Records of service for reserves.

Sec. 567. Requirement to provide information regarding benefits claims to members during TAP counseling.

Sec. 568. Expansion and renaming of the Troops-to-Teachers Program.

Sec. 569. Transition outreach pilot program.

Sec. 570. Training program regarding disinformation campaigns.

Sec. 570A. Assessment and study of Transition Assistance Program.

Sec. 570B. Information regarding county veterans service officers.

Sec. 570C. Pilot program to improve 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. 570D. Report regarding effectiveness of Transition Assistance Program for female members of the Armed Forces.

Sec. 570E. Notice to separating servicemembers of rights under the Servicemembers Civil Relief Act.

Sec. 570F. Pilot program regarding online application for the Transition Assistance Program.

Sec. 570G. Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648).

Sec. 570H. Counseling to members who are not citizens of the United States.

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. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program.

Sec. 575. Absentee ballot tracking program.

Sec. 576. Annual State report card.

Sec. 577. Transportation of remains of casualties; travel expenses for next of kin.

Sec. 578. Meetings of officials of the Department of Defense with survivors of deceased members of the Armed Forces.

Sec. 579. Direct employment pilot program for members of the National Guard and Reserve, veterans, their spouses and dependents, and members of Gold Star Families.

Sec. 580. Continued assistance to schools with significant numbers of military dependent students.

Sec. 580A. Pilot program to fund non-profit organizations that support military families.

Sec. 580B. Expansion of the My Career Advancement Account program for military spouses to nonportable career fields and occupations.

Sec. 580C. Expansion of the My Career Advancement Account program for military spouses.

Sec. 580D. Report on training and support available to military spouses.

Sec. 580E. Full Military Honors ceremony for certain veterans.

Sec. 580F. Increase in assistance to certain local educational agencies.

Sec. 580G. Assistance for deployment-related support of members of the Armed Forces undergoing deployment and their families beyond the Yellow Ribbon Reintegration Program.

Subtitle I—Decorations and Awards

Sec. 581. Expansion of Gold Star Lapel Button Eligibility to stepsiblings; free replacement.

Sec. 582. Establishment of the Atomic Veterans Service Medal.

Sec. 583. Review of World War I valor medals.

Sec. 584. Authorization for award of the Medal of Honor to Alwyn Cashe for acts of valor during Operation Iraqi Freedom.

Sec. 585. Eligibility of veterans of Operation End Sweep for Vietnam Service Medal.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Repeal of quarterly report on end strengths.

Sec. 592. Revision of Workplace and Gender Relations Surveys.

Sec. 593. Modification of elements of reports on the improved Transition Assistance Program.

Sec. 594. Questions in workplace surveys regarding supremacist, extremist, and racist activity.

Sec. 595. Command matters in connection with transition assistance programs.

Sec. 596. Expressing support for the designation of a Gold Star Families Remembrance Day.

Sec. 597. Report on certain waivers received by transgender individuals.

Sec. 598. Study on best practices for providing financial literacy education for veterans.

Sec. 599. Honorary promotion of Colonel Charles E. McGee to Brigadier General in the Air Force.

Sec. 599A. Recommending that the President grant Lieutenant Colonel Richard Cole, United States Air Force (ret.), an honorary and posthumous promotion to the grade of colonel.

Sec. 599B. Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs.

Sec. 599C. Sense of Congress regarding the High-Altitude Army National Guard Aviation Training Site.

Title VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

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. Basic needs allowance for low-income regular members.

Sec. 603. Temporary increase of rates of basic allowance for housing following determination that local civilian housing costs significantly exceed such rates.

Sec. 604. Basic allowance for housing for a member without dependents when relocation would financially disadvantage the member.

Sec. 605. Partial dislocation allowance.

Sec. 606. Increase in basic pay.

Sec. 607. Annual adjustment of basic pay.

Sec. 608. 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. 609. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes.

Sec. 610. Continued entitlements while a member of the Armed Forces participates in a career intermission program.

Sec. 610A. Report regarding transition from overseas housing allowance to basic allowance for housing for servicemembers in the territories.

Sec. 610B. Exemption from repayment of voluntary separation 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. Payment of transitional compensation for certain dependents.

Sec. 622. Death gratuity for ROTC graduates.

Sec. 623. Continued eligibility for education and training opportunities for spouses of promoted members.

Sec. 624. Occupational improvements for relocated spouses of members of the uniformed services.

Sec. 625. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the Armed Forces who die in line of duty.

Sec. 626. Space-available travel on military aircraft for children and surviving spouses of members who die of hostile action or training duty.

Sec. 627. Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service.

Sec. 628. Modification to authority to reimburse for State licensure and certification costs of a spouse of a member arising from relocation.

Sec. 629. Improvements to child care for members of the Armed Forces.

Sec. 630. Casualty assistance for survivors of deceased ROTC graduates.

Sec. 630A. Repeal of requirement of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation.

Subtitle D—Defense Resale Matters

Sec. 631. GAO review of defense resale optimization study.

Sec. 632. Report regarding management of military commissaries and exchanges.

Sec. 633. Reductions on account of earnings from work performed while entitled to an annuity supplement.

Sec. 634. Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Contraception coverage parity under the TRICARE program.

Sec. 702. Pregnancy prevention assistance at military medical treatment facilities for sexual assault survivors.

Sec. 703. Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve.

Sec. 704. Lead level screenings and testings for children.

Sec. 705. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations.

Sec. 706. Enhancement of recordkeeping and postdeployment medical assessment requirements related to occupational and environmental hazard exposure during deployment.

Sec. 707. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Sec. 708. Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances.

Sec. 709. Inclusion of infertility treatments for members of the uniformed services.

Sec. 710. Authorization of appropriations for TRICARE lead screening and testing for children.

Subtitle B—Health Care Administration

Sec. 711. Requirements for certain prescription drug labels.

Sec. 712. Officers authorized to command Army dental units.

Sec. 713. Improvements to interagency program office of the Department of Defense and the Department of Veterans Affairs.

Sec. 714. Comprehensive enterprise interoperability strategy for the Armed Forces and the Department of Veterans Affairs.

Sec. 715. Demonstration of interoperability milestones.

Sec. 716. Inclusion of blast exposure history in medical records of members of the Armed Forces.

Sec. 717. Comprehensive policy for provision of mental health care to members of the Armed Forces.

Sec. 718. Limitation on the realignment or reduction of military medical manning end strength.

Sec. 719. Strategy to recruit and retain mental health providers.

Sec. 720. Monitoring medication prescribing practices for the treatment of post-traumatic stress disorder.

Sec. 720A. Maintenance of certain medical services at military medical treatment facilities at Service Academies.

Sec. 720B. Development of partnerships to improve combat casualty care for personnel of the Armed Forces.

Sec. 720C. Modification to referrals for mental health services.

Subtitle C—Reports and Other Matters

Sec. 721. Establishment of military dental research program.

Sec. 722. Pilot program on cryopreservation and storage.

Sec. 723. Encouragement of participation in Women’s Health Transition Training pilot program.

Sec. 724. National Guard suicide prevention pilot program.

Sec. 725. Reports on suicide among members of the Armed Forces.

Sec. 726. Study on military-civilian integrated health delivery systems.

Sec. 727. Study on case management at military medical treatment facilities.

Sec. 728. Study on infertility among members of the Armed Forces.

Sec. 729. Allowing claims against the United States for injury and death of members of the Armed Forces caused by improper medical care.

Sec. 730. Study on extending parent’s level of TRICARE health coverage to newborn child.

Sec. 731. Report on Global Health Security Strategy and the National Biodefense Security.

Sec. 732. Report on mental health assessments.

Sec. 733. Study and report on mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Sec. 734. Education on family planning for members of the Armed Forces.

Sec. 735. Funding for CDC ATSDR PFAS health study increment.

Sec. 736. Sense of the House of Representatives on increasing research and development in bioprinting and fabrication in austere military environments.

Sec. 737. Increased collaboration with NIH to combat triple negative breast cancer.

Sec. 738. Funding for post-traumatic stress disorder.

Sec. 739. Study on readiness contracts and the prevention of drug shortages.

Sec. 740. Update of Department of Defense regulations, instructions, and other guidance to include gambling disorder.

Sec. 741. Findings on musculoskeletal injuries.

Sec. 742. Wounded Warrior Service Dog Program.

Sec. 743. National Capital Consortium Psychiatry Residency Program.

Sec. 744. Report on medical providers and medical malpractice insurance.

Sec. 745. Information for members of the armed forces regarding availability of services at the Department of Veterans Affairs.

Sec. 746. Pilot program on partnerships with civilian organizations for specialized surgical training.

Sec. 747. Report on research and studies regarding health effects of burn pits.

Sec. 748. Training on health effects of burn pits and other airborne hazards.

Sec. 749. Report on operational medical and dental personnel requirements.

Sec. 750. Annual reports on Millennium Cohort Study relating to women members of the Armed Forces.

Sec. 751. Partnerships with academic health centers.

Sec. 752. Study on use of routine neuroimaging modalities in diagnosis, treatment, and prevention of brain injury due to blast pressure exposure during combat and training.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Establishment of acquisition pathways for software applications and software upgrades.

Sec. 802. Software development and software acquisition training and management programs.

Sec. 803. Modifications to cost or pricing data for certain procurements.

Sec. 804. Modifications to cost or pricing data on below-threshold contracts.

Sec. 805. Comptroller General report on price reasonableness.

Sec. 806. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 807. Acquisition and disposal of certain rare earth materials.

Sec. 808. Prohibition on acquisition of tantalum from non-allied foreign nations.

Sec. 809. Application of miscellaneous technology base policies and programs to the Columbia-class submarine program.

Sec. 810. Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program.

Sec. 811. Consideration of price in procurement of the FFG(X) frigate.

Sec. 812. Repeal of continuation of data rights during challenges.

Sec. 813. Repeal of authority to waive acquisition laws to acquire vital national security capabilities.

Sec. 814. Repeal of transfer of funds related to cost overruns and cost underruns.

Sec. 815. Addition of domestically produced stainless steel flatware and dinnerware to the Berry Amendment.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 821. Modifications to the middle tier of acquisition programs.

Sec. 822. Briefing relating to the middle tier of acquisition programs.

Sec. 823. Rates for progress payments or performance-based payments.

Sec. 824. Additional requirements for negotiations for noncommercial computer software.

Sec. 825. Responsibility for data analysis and requirements validation for services contracts.

Sec. 826. Annual reports on authority to carry out certain prototype projects.

Sec. 827. Competition requirements for purchases from Federal Prison Industries.

Sec. 828. Enhanced post-award debriefing rights.

Sec. 829. Standardizing data collection and reporting on use of source selection procedures by Federal agencies.

Sec. 830. Modification of justification and approval requirement for certain Department of Defense contracts.

Sec. 831. Preference for offerors employing veterans.

Sec. 832. Reporting on expenses incurred for independent research and development costs.

Sec. 833. Reporting on expenses incurred for bid and proposal costs.

Sec. 834. Repeal of the Defense Cost Accounting Standards Board.

Sec. 835. Report on requirements relating to consumption-based solutions.

Subtitle C—Provisions Relating to Acquisition Workforce

Sec. 841. Defense acquisition workforce certification and education requirements.

Sec. 842. Public-private exchange program for the acquisition workforce.

Sec. 843. Incentives and consideration for qualified training programs.

Sec. 844. Certification by prospective military construction contractors of good faith effort to utilize qualified apprentices.

Subtitle D—Provisions Relating to Acquisition Security

Sec. 851. Supply chain security of certain telecommunications and video surveillance services or equipment.

Sec. 852. Assured security against intrusion on United States military networks.

Sec. 853. Revised authorities to defeat adversary efforts to compromise United States defense capabilities.

Sec. 854. Prohibition on operation or procurement of foreign-made unmanned aircraft systems.

Sec. 855. Supply chain risk mitigation policies to be implemented through requirements generation process.

Subtitle E—Provisions Relating to the Acquisition System

Sec. 861. Modifications to the defense acquisition system.

Subtitle F—Industrial Base Matters

Sec. 871. Consideration of subcontracting to minority institutions.

Sec. 872. Size standard calculations for certain small business concerns.

Sec. 873. Modifications to small business subcontracting.

Sec. 874. Inclusion of best in class designations in annual report on small business goals.

Sec. 875. Small Business Administration cybersecurity reports.

Sec. 876. Cyber counseling certification program for lead small business development centers.

Sec. 877. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Sec. 878. Improvements to certain defense innovation programs.

Sec. 879. Pilot program for development of technology-enhanced capabilities with partnership intermediaries.

Sec. 880. Authorized official to carry out the procurement technical assistance cooperative agreement program.

Sec. 881. Permanent authorization and improvement of Department of Defense Mentor-Protege Program.

Sec. 882. Assistance for small business concerns participating in the Small Business Innovation Research Program and the Small Business Technology Transfer Program.

Sec. 883. Accelerated payments applicable to contracts with certain small business concerns under the Prompt Payment Act.

Sec. 884. Postaward explanations for unsuccessful offerors for certain contracts.

Sec. 885. Briefing on the Trusted Capital Marketplace pilot program.

Sec. 886. Boots to Business Program.

Sec. 887. Modifications to budget display requirements for the Department of Defense Small Business Innovation Research Program and Small Business Technology Transfer Program.

Sec. 888. Small business contracting credit for subcontractors that are Puerto Rico businesses.

Sec. 889. Small business contracting credit for certain small businesses located in United States territories.

Subtitle G—Other Matters

Sec. 891. Requirement to use models of commercial e-commerce portal program.

Sec. 892. Report and database on items manufactured in the United States for major defense acquisition programs.

Sec. 893. Requirements relating to Selected Acquisition Reports.

Sec. 894. Contractor science, technology, engineering, and math programs.

Sec. 895. Extension of sunset relating to Federal Data Center Consolidation Initiative.

Sec. 896. Requirements relating to certain rail rolling stock procurements and operations.

Sec. 897. Prohibition on contracting with persons that have business operations with the Maduro regime.

Sec. 898. Report on cost growth of major defense acquisitions programs.

Sec. 899. Inclusion of operational energy projects for uses of energy cost savings.

Sec. 899A. Report and strategy on terminated foreign contracts.

Sec. 899B. Individual acquisition for commercial leasing services.

Sec. 899C. Prohibition on contracting with entities lacking a sexual harassment policy.

Sec. 899D. Domestic production of small unmanned aircraft systems.

Sec. 899E. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938.

Sec. 899F. Comptroller General report on contractor violations of certain labor laws.

Sec. 899G. Reestablishment of Commission on Wartime Contracting.

Sec. 899H. Federal contractor disclosure of unpaid Federal tax liability.

Sec. 899I. Uniformity in application of micro-purchase threshold to certain task or delivery orders.

Sec. 899J. Pilot program on payment of costs for denied Government Accountability Office bid protests.

Sec. 899K. Requirement for contractors to report gross violations internationally recognized human rights.

Sec. 899L. Congressional oversight of private security contractor contracts.

Sec. 899M. GAO report on contracting practices of the Corps of Engineers.

Sec. 899N. Comptroller General report on defense business processes.

Title IX—Department of Defense Organization and Management

Subtitle A—Office of the Secretary of Defense and Related Matters

Sec. 901. Update of authorities relating to nuclear command, control, and communications.

Subtitle B—Other Department of Defense Organization and Management Matters

Sec. 911. Codification of Assistant Secretaries for Environment, Installations, and Energy of the Army, Navy, and Air Force.

Sec. 912. Limitation on availability of funds for consolidation of Defense Media Activity.

Sec. 913. Modernization of certain forms and surveys.

Subtitle C—Space Matters

Part 1—United States Space Corps

Sec. 921. Establishment of United States Space Corps in the Department of the Air Force.

Sec. 922. Transfer of personnel, functions, and assets to the Space Corps.

Sec. 923. Reports on Space Corps.

Sec. 924. Space National Guard.

Sec. 925. Effects on military installations.

Part 2—Other Space Matters

Sec. 931. United States Space Command.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Additional requirements for annual report and briefing on financial improvement and audit remediation plan.

Sec. 1003. Financial improvement and audit remediation plan.

Sec. 1004. Reporting requirements relating to Department of Defense audits.

Sec. 1005. Annual budget justification display for service-common and other support and enabling capabilities for special operations forces.

Sec. 1006. Determination of budgetary effects.

Sec. 1007. Independent public accountant audit of financial systems of the Department of Defense.

Sec. 1008. Transparency of accounting firms used to support Department of Defense audit.

Subtitle B—Counterdrug Activities

Sec. 1011. Modification of authority to provide support to other agencies for counterdrug activities and activities to counter transnational organized crime.

Sec. 1012. Technical correction and extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.

Sec. 1013. Repeal of Secretary of Defense review of curricula and program structures of National Guard Counterdrug Schools.

Sec. 1014. Sense of Congress regarding Department of Defense counterdrug activities in the transit zone and Caribbean basin.

Sec. 1015. Assessment of impact of proposed border wall on volume of illegal narcotics.

Subtitle C—Naval Vessels and Shipyards

Sec. 1021. Transportation by sea of supplies for the Armed Forces and Defense Agencies.

Sec. 1022. Use of National Defense Sealift Fund for procurement of two used vessels.

Sec. 1023. Formal schoolhouse training for shipboard system programs of record.

Sec. 1024. Report on shipbuilder training and the defense industrial base.

Sec. 1025. Use of competitive procedures for CVN–80 and CVN–81 dual aircraft carrier contract.

Sec. 1026. Report on expanding naval vessel maintenance.

Subtitle D—Counterterrorism

Sec. 1031. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1033. Prohibition on use of funds for transfer to and detention of additional individuals, including United States citizens, at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1034. Sense of Congress regarding the provision of medical care to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Independent assessment on gender and countering violent extremism.

Sec. 1036. Establishing a coordinator for ISIS detainee issues.

Sec. 1037. Modification of support of special operations to combat terrorism.

Sec. 1038. Public availability of military commission proceedings.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Scheduling of Department of Defense executive aircraft controlled by Secretaries of military departments.

Sec. 1042. Explosive ordnance defense disposal program.

Sec. 1043. Notification on the provision of defense sensitive support.

Sec. 1044. Modification and technical correction of authority for deployment of members of the Armed Forces to the southern land border of the United States.

Sec. 1045. Limitation on use of funds for the inactivation of Army watercraft units.

Sec. 1046. Prohibition on use of funds for construction of a wall, fence, or other physical barrier along the southern border of the United States.

Sec. 1047. Expenditure of funds for Department of Defense intelligence and counterintelligence activities.

Sec. 1048. Limitation on use of funds to house children separated from parents.

Sec. 1049. Limitation on use of funds for providing housing for unaccompanied alien children.

Sec. 1050. United States Munitions List.

Sec. 1050A. Limitation on use of funds for reimbursement of expenses at certain properties.

Sec. 1050B. Limitation on use of funds for exhibition of parade of military forces and hardware for review by the President.

Sec. 1050C. Prohibition on use of DoD equipment, personnel, and facilities for ICE detention.

Subtitle F—National Defense Strategy Implementation

Sec. 1051. Short title.

Sec. 1052. Report on operational concepts and plans regarding strategic competitors.

Sec. 1053. Actions to increase analytic support.

Sec. 1054. Definitions.

Subtitle G—Studies and Reports

Sec. 1061. Report on transfers of equipment to prohibited entities.

Sec. 1062. Elimination of requirement to submit reports to Congress in paper format.

Sec. 1063. Modification of annual report on civilian casualties in connection with United States military operations.

Sec. 1064. Inclusion of certain individuals investigated by Inspectors General in the semiannual report.

Sec. 1065. Annual report on Joint Military Information Support Operations Web Operations Center.

Sec. 1066. Mobility capability requirements study.

Sec. 1067. Assessment of special operations force structure.

Sec. 1068. Army aviation strategic plan and modernization roadmap.

Sec. 1069. Report on ground-based long-range artillery to counter land and maritime threats.

Sec. 1070. Independent review of transportation working-capital fund.

Sec. 1071. Geographic command risk assessment of proposed use of certain aircraft capabilities.

Sec. 1072. Annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities.

Sec. 1073. Termination of requirement for submittal to Congress of certain recurring reports.

Sec. 1074. Report on operational concepts and plans regarding strategic competitors.

Sec. 1075. Sense of Congress regarding modular airborne fire fighting system; report.

Sec. 1076. Report on backlog of personnel security clearance adjudications.

Sec. 1077. Report on policies relating to small farms.

Sec. 1078. Report on artificial intelligence.

Sec. 1079. Report on financial costs of overseas United States military posture and operations.

Sec. 1080. Human rights in Brazil.

Sec. 1080A. Report on Combating Trafficking in Persons Initiative.

Sec. 1080B. Public availability of Chief Management Office annual budget reports.

Sec. 1080C. Report regarding outstanding GAO recommendations.

Sec. 1080D. Plan to increase and expand cold weather training.

Sec. 1080E. Comptroller General review of Department of Defense support for the Department of Homeland Security operations on the southwest border of the United States.

Subtitle H—Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.

Sec. 1082. Submission to Congress of Department of Defense execute orders.

Sec. 1083. Extension of National Security Commission on Artificial Intelligence.

Sec. 1084. National Commission on Military Aviation Safety.

Sec. 1085. Extension of postage stamp for breast cancer research.

Sec. 1086. Processes and procedures for notifications regarding special operations forces.

Sec. 1087. Assessment of standards, processes, procedures, and policy relating to civilian casualties.

Sec. 1088. Disposal of IPv4 addresses.

Sec. 1089. Securing American science and technology.

Sec. 1090. Standardized policy guidance for calculating aircraft operation and sustainment costs.

Sec. 1091. Special Federal Aviation Regulation Working Group.

Sec. 1092. Prohibition on names related to the Confederacy.

Sec. 1093. Prohibition on denial of Department of Veterans Affairs home loans for veterans who legally work in the marijuana industry.

Sec. 1094. 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.

Sec. 1095. Military type certification for light attack experimentation aircraft.

Sec. 1096. Mitigation of helicopter noise.

Sec. 1097. Report on executive helicopter flights in the National Capital Region.

Sec. 1098. Reports on reducing the backlog in legally required historical declassification obligations.

Sec. 1099. Sense of Congress regarding the Port Chicago 50.

Sec. 1099A. Review of foreign currency exchange rates and analysis of Foreign Currency Fluctuations Appropriation.

Sec. 1099B. Contracts by the President or Vice President.

Sec. 1099C. Parole in place for members of the Armed Forces.

Sec. 1099D. Lands to be taken into trust as part of the reservation of the Lytton Rancheria.

Sec. 1099E. Interoperability of communications between military installations and adjacent jurisdictions.

Sec. 1099F. Support for National Maritime Heritage Grants program.

Sec. 1099G. Chinese language and culture studies within the Defense Language and National Security Education Office.

Sec. 1099H. Modification of prohibition on availability of funds for Chinese language programs at certain institutions of higher education.

Sec. 1099I. Lessons learned and best practices on progress of gender integration implementation in the Armed Forces.

Sec. 1099J. Strategies for recruitment and retention of women in the Armed Forces.

Sec. 1099K. Definition of current monthly income for purposes of bankruptcy laws.

Sec. 1099L. Honoring last surviving Medal of Honor recipient of Second World War.

Sec. 1099M. Credit monitoring.

Sec. 1099N. World language advancement and readiness grants.

Sec. 1099O. Inclusion of certain names on the Vietnam Veterans Memorial.

Sec. 1099P. Sense of Congress regarding Army Contracting Command–New Jersey.

Sec. 1099Q. Review and report on experimentation with ticks and insects.

Sec. 1099R. Pilot program to provide broadband access to military families and medical facilities on remote and isolated bases.

Sec. 1099S. Sense of Congress regarding military working dogs and soldier handlers.

Sec. 1099T. Designation of Department of Defense strategic Arctic ports.

Sec. 1099U. Funding limitation for the Erie Canalway National Heritage Corridor.

Sec. 1099V. Inspection of facilities used to house, detain, screen, and review migrants and refugees.

Sec. 1099W. Sense of Congress regarding the 2001 Authorization for Use of Military Force.

Sec. 1099X. 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.

Sec. 1099Y. Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure.

Subtitle I—North Korea Nuclear Sanctions

Sec. 1099Z–1. Short title.

Sec. 1099Z–2. Findings.

Sec. 1099Z–3. Conditions with respect to certain accounts and transactions at United States financial institutions.

Sec. 1099Z–4. Opposition to assistance by the international financial institutions and the Export-Import Bank.

Sec. 1099Z–5. Treasury reports on compliance, penalties, and technical assistance.

Sec. 1099Z–6. Suspension and termination of prohibitions and penalties.

Sec. 1099Z–7. Exception relating to importation of goods.

Sec. 1099Z–8. Definitions.

Title XI—Civilian Personnel Matters

Subtitle A—Personnel Management

Sec. 1101. Defense Advanced Research Projects Agency personnel management authority.

Sec. 1102. Modification of probationary period for certain 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. Prohibited personnel practices.

Sec. 1110. Enhancement of antidiscrimination protections for Federal employees.

Sec. 1111. Modification of direct hire authorities for the Department of Defense.

Sec. 1112. Permitted disclosures by whistleblowers.

Sec. 1113. Designating certain FEHBP and FEGLI services provided by Federal employees as excepted services under the Anti-Deficiency Act.

Sec. 1114. Continuing supplemental dental and vision benefits and long-term care insurance coverage during a Government shutdown.

Sec. 1115. Interim Stay Authority To Protect Whistleblowers.

Sec. 1116. Limitation on transfer of Office of Personnel Management.

Sec. 1117. Review of Standard Occupational Classification System.

Sec. 1118. Assessment of Accelerated Promotion Program suspension.

Sec. 1119. Reimbursement for Federal, State, and local income taxes incurred during travel, transportation, and relocation.

Sec. 1120. Clarification of limitation on expedited hiring authority for post-secondary students.

Subtitle B—Paid Family Leave for Federal Personnel

Sec. 1121. Short title.

Sec. 1122. Paid family leave for Federal employees covered by title 5.

Sec. 1123. Paid family leave for congressional employees.

Sec. 1124. Conforming amendment to Family and Medical Leave Act for GAO employees.

Sec. 1125. Clarification for members of the National Guard and Reserves.

Sec. 1126. Conforming amendment for certain TSA employees.

Subtitle C—Limiting Use of Criminal History in Federal Hiring and Contracting

Sec. 1131. Short title.

Sec. 1132. Prohibition on criminal history inquiries prior to conditional offer for Federal employment.

Sec. 1133. Prohibition on criminal history inquiries by contractors prior to conditional offer.

Sec. 1134. Report on employment of individuals formerly incarcerated in Federal prisons.

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. Modification of quarterly report on obligation and expenditure of funds for security cooperation programs and activities.

Sec. 1204. Integration of gender perspectives and meaningful participation by women in security cooperation authorities.

Sec. 1205. 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.

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. Prohibition on use of funds to transfer defense articles and services to Azerbaijan.

Sec. 1208. Extension of authority for support of special operations for irregular warfare.

Sec. 1209. Multinational regional security education center.

Sec. 1210. Training for participants in professional military education programs.

Sec. 1210A. Report on plan to transfer funds in connection with the provision of support under section 385 of title 10, United States Code.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1212. Modification and Extension of Afghan Special Immigrant Visa Program.

Sec. 1213. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1214. Extension and modification of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 1215. Authority for certain payments to redress injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.

Sec. 1216. Extension of semiannual report on enhancing security and stability in Afghanistan.

Sec. 1217. Special immigrant visa program reporting requirement.

Sec. 1218. Meaningful inclusion of Afghan Women in peace negotiations.

Subtitle C—Matters relating to Syria, Iraq, and Iran

Sec. 1221. Modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1222. Extension and modification of authority to provide assistance to the vetted Syrian opposition.

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

Sec. 1224. Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1225. Rule of construction relating to use of military force against Iran.

Sec. 1226. Sense of Congress on support for Ministry of Peshmerga forces of the Kurdistan Region of Iraq.

Sec. 1227. Sense of Congress on supporting the return and repatriation of religious and ethnic minorities in Iraq to their ancestral homelands.

Sec. 1228. Report on the status of deconfliction channels with Iran.

Sec. 1229. Prohibition of unauthorized military force in or against Iran.

Subtitle D—Matters relating to Russia

Sec. 1231. Prohibition on the use of funds to suspend, terminate, or withdraw the United States from the Open Skies Treaty.

Sec. 1232. Extension of limitation on military cooperation between the United States and Russia.

Sec. 1233. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.

Sec. 1234. Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1235. Report on treaties relating to nuclear arms control.

Sec. 1236. Sense of Congress on updating and modernizing existing agreements to avert miscalculation between the United States and Russia.

Sec. 1237. Sense of Congress on support for Georgia.

Sec. 1238. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1239. Annual report on cyber attacks and intrusions against the Department of Defense by certain foreign entities.

Sec. 1240. Report on Russian military involvement in the AFRICOM AOR.

Sec. 1240A. Reports relating to the New START Treaty.

Sec. 1240B. United States actions relating to Russian interference in elections for Federal office.

Subtitle E—Matters relating to the Indo-Pacific Region

Sec. 1241. Modification of Indo-Pacific Maritime Security Initiative.

Sec. 1242. Extension and modification of report on military and security developments involving North Korea.

Sec. 1243. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea.

Sec. 1244. Report on direct, indirect, and burden-sharing contributions of Japan and South Korea.

Sec. 1245. Report on strategy on the Philippines.

Sec. 1246. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1247. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1248. Sense of Congress on Taiwan.

Sec. 1249. Enhancing defense cooperation with Singapore.

Sec. 1250. Modification of report relating to enhancing defense and security cooperation with India.

Sec. 1250A. Report on expansion of security cooperation and assistance to Pacific Island countries.

Sec. 1250B. Report on foreign military activities in Pacific Island countries.

Sec. 1250C. Report on ZTE compliance with Superseding Settlement Agreement and Superseding Order.

Sec. 1250D. Limitation on removal of Huawei Technologies Co. Ltd. from entity list of Bureau of Industry and Security.

Sec. 1250E. Sense of Congress on the enduring United States commitment to the Freely Associated States.

Sec. 1250F. Report by Defense Intelligence Agency on certain military capabilities of China and Russia.

Sec. 1250G. Report on cybersecurity activities with Taiwan.

Sec. 1250H. Sense of Congress on United States-India defense relationship.

Sec. 1250I. United States-India defense cooperation in the Western Indian Ocean.

Sec. 1250J. Chinese foreign direct investment in countries of the Arctic region.

Sec. 1250K. Sense of Congress on North Korea.

Subtitle F—Matters relating to Europe and NATO

Sec. 1251. Extension and modification of NATO Special Operations Headquarters.

Sec. 1252. Modification and extension of future years plan and planning transparency for the European Deterrence Initiative.

Sec. 1253. Protection of European Deterrence Initiative funds from diversion for other purposes.

Sec. 1254. Statement of policy on United States military investment in Europe.

Sec. 1255. Limitation on transfer of F–35 aircraft to Turkey.

Sec. 1256. Report on value of investments in dual use infrastructure projects by NATO member states.

Sec. 1257. Sense of Congress on support for Poland.

Sec. 1258. European Center of Excellence for Countering Hybrid Threats.

Sec. 1259. Sense of Congress on European investments in national security.

Sec. 1260. Briefing on Department of Defense Program to Protect United States Students Against Foreign Agents.

Sec. 1260A. NATO Support Act.

Sec. 1260B. Extension and modification of security assistance for Baltic countries for joint program for interoperability and deterrence against aggression.

Subtitle G—Other Matters

Sec. 1261. Sense of Congress on United States partners and allies.

Sec. 1262. Modification to report on legal and policy frameworks for the use of military force.

Sec. 1263. Limitation on availability of certain funds until report submitted on Department of Defense awards and disciplinary action as a result of the 2017 incident in Niger.

Sec. 1264. Independent assessment of sufficiency of resources available to United States Southern Command and United States Africa Command.

Sec. 1265. Rule of construction relating to use of military force.

Sec. 1266. Rule of construction relating to use of military force against Venezuela.

Sec. 1267. Sense of Congress on acquisition by Turkey of Patriot system.

Sec. 1268. Amendments relating to civilian casualty matters.

Sec. 1269. Limitation on the production of nuclear proliferation assessment statements.

Sec. 1270. Restriction on emergency authority relating to arms sales under the Arms Export Control Act.

Sec. 1270A. Report on annual defense spending by ally and partner countries.

Sec. 1270B. Sense of Congress on the United States-Israel relationship.

Sec. 1270C. Sense of Congress on stability of the Caucasus region and the continuation of the Nagorno Karabakh cease-fire.

Sec. 1270D. Western hemisphere resource assessment.

Sec. 1270E. Strategy to Improve the efforts of the Nigerian military to prevent, mitigate, and respond to civilian harm.

Sec. 1270F. Limitation on use of funds from the Special Defense Acquisition Fund.

Sec. 1270G. 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.

Sec. 1270H. Prohibition on support for military participation against the Houthis.

Sec. 1270I. Repeal of prohibition on transfer of articles on the United States Munitions List to Cyprus.

Sec. 1270J. Prohibition on use of funds for shorter- or intermediate-range ground launched ballistic or cruise missile systems.

Sec. 1270K. Report on implications of Chinese military presence in Djibouti.

Sec. 1270L. Report on efforts to combat Boko Haram in Nigeria and the Lake Chad Basin.

Sec. 1270M. Report on Saudi led coalition strikes in Yemen.

Sec. 1270N. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen.

Sec. 1270O. United States Strategy for Libya.

Sec. 1270P. Sense of Congress relating to Mongolia.

Sec. 1270Q. Report on relationship between Lebanese armed forces and Hizballah.

Sec. 1270R. Imposition of sanctions relating to Central America.

Sec. 1270S. Prohibition relating to joint task force with Guatemala.

Sec. 1270T. Prohibition on use of funds to establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Somalia.

Sec. 1270U. Report on hostilities involving United States Armed Forces.

Sec. 1270V. Reports and briefings on use of military force and support of partner forces.

Sec. 1270W. Repeal of Authorization for the Use of Military Force.

Subtitle H—Baltic Reassurance Act

Sec. 1271. Findings.

Sec. 1272. Sense of Congress.

Sec. 1273. Defense assessment.

Sec. 1274. Appropriate congressional committees defined.

Subtitle I—Return Expenses Paid and Yielded Act

Sec. 1281. Short title.

Sec. 1282. 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.

Sec. 1283. Review and report on use and management of administrative surcharges under the foreign military sales program.

Sec. 1284. Performance measures to monitor foreign military sales program.

Sec. 1285. Report and briefing on administrative budgeting of foreign military sales program.

Sec. 1286. Training program for relevant officials and staff of the Defense Security Cooperation Agency.

Sec. 1287. Definitions.

Subtitle J—Matters relating to Burma

Sec. 1291. Limitation on security assistance and security cooperation.

Sec. 1292. Imposition of existing and additional sanctions for the violation of human rights and the commission of human rights abuses in Burma.

Sec. 1293. Guidance relating to the mining sector of Burma.

Sec. 1294. Report and determination on accountability for war crimes, crimes against humanity, and genocide in Burma.

Sec. 1295. Definitions.

Subtitle K—Saudi Arabia Human Rights and Accountability

Sec. 1296. Report on intelligence community assessment relating to the killing of Washington Post columnist Jamal Khashoggi.

Sec. 1296A. Sanctions with respect to foreign persons that engage in activities described in section 1281(a)(2).

Sec. 1296B. Report on Saudi Arabia’s human rights record.

Subtitle L—Stop Financing of al-Shabaab Act

Sec. 1297. Short Title.

Sec. 1297A. Sense of Congress and statement of policy.

Sec. 1297B. Report.

Title XIII—Cooperative Threat Reduction

Sec. 1301. Funding allocations.

Sec. 1302. Specification of cooperative threat reduction funds.

Sec. 1303. Funding for cooperative biological engagement program.

Sec. 1304. Cooperative Threat Reduction Program enhancement.

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.

Sec. 1406. National defense sealift fund.

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

Subtitle A—Authorization of Appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health Program.

Subtitle B—Financial Matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. National Security Space Launch program.

Sec. 1602. Preparation to implement plan for use of allied launch vehicles.

Sec. 1603. Annual determination on plan on full integration and exploitation of overhead persistent infrared capability.

Sec. 1604. Space-based environmental monitoring mission requirements.

Sec. 1605. Prototype program for multi-global navigation satellite system receiver development.

Sec. 1606. Commercial space situational awareness capabilities.

Sec. 1607. Independent study on plan for deterrence in space.

Sec. 1608. Resilient enterprise ground architecture.

Sec. 1609. Demonstration of backup and complementary positioning, navigation, and timing capabilities of global positioning system.

Sec. 1610. Report on space debris.

Sec. 1610A. Study on leveraging diverse commercial satellite remote sensing capabilities.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1611. Modifications to ISR Integration Council and annual briefing requirements.

Sec. 1612. Survey and report on alignment of intelligence collections capabilities and activities with Department of Defense requirements.

Sec. 1613. Modification of annual authorization of appropriations for National Flagship Language Initiative.

Sec. 1614. Intelligence assessment of relationship between women and violent extremism.

Sec. 1615. Funding for Defense Counterintelligence and Security Agency.

Sec. 1616. Report on potential Defense Intelligence Polygraph Examination Military Transition Program.

Subtitle C—Cyberspace-Related Matters

Sec. 1621. Notification requirements for sensitive military cyber operations.

Sec. 1622. Quarterly cyber operations briefings.

Sec. 1623. Cyber posture review.

Sec. 1624. Tier 1 exercise of support to civil authorities for a cyber incident.

Sec. 1625. Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.

Sec. 1626. Extension of the Cyberspace Solarium Commission.

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

Sec. 1628. Notification of delegation of authorities to the Secretary of Defense for military operations in cyberspace.

Sec. 1629. Limitation of funding for Consolidated Afloat Networks and Enterprise Services.

Sec. 1630. Annual military cyberspace operations report.

Sec. 1631. Report on synchronization of efforts relating to cybersecurity in the Defense Industrial Base.

Sec. 1632. Briefings on the status of the National Security Agency and United States Cyber Command partnership.

Sec. 1633. Modification of cyber scholarship program.

Sec. 1634. Report on cybersecurity training programs.

Sec. 1635. National Security Presidential Memorandums relating to Department of Defense operations in cyberspace.

Sec. 1636. Cybersecurity Defense Academy pilot program.

Subtitle D—Nuclear forces

Sec. 1641. Improvement to annual report on the modernization of the nuclear weapons enterprise.

Sec. 1642. Briefings on meetings held by the Nuclear Weapons Council.

Sec. 1643. Elimination of conventional requirement for long-range standoff weapon.

Sec. 1644. Extension of annual briefing on the costs of forward-deploying nuclear weapons in Europe.

Sec. 1645. Ten-year extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1646. Prohibition on availability of funds for deployment of low-yield ballistic missile warhead.

Sec. 1647. Report on military-to-military dialogue to reduce the risk of miscalculation leading to nuclear war.

Sec. 1648. Plan on nuclear command, control, and communications systems.

Sec. 1649. Independent study on policy of no-first-use of nuclear weapons.

Sec. 1650. Independent study on risks of nuclear terrorism and nuclear war.

Sec. 1651. Consideration of budget matters at meetings of Nuclear Weapons Council.

Sec. 1652. Report on nuclear forces of the United States and near-peer countries.

Subtitle E—Missile Defense Programs

Sec. 1661. National missile defense policy.

Sec. 1662. Development of hypersonic and ballistic missile tracking space sensor payload.

Sec. 1663. Requirement for testing of redesigned kill vehicle prior to production.

Sec. 1664. Development of space-based ballistic missile intercept layer.

Sec. 1665. Organization, authorities, and billets of the Missile Defense Agency.

Sec. 1666. Missile defense interceptor site in contiguous United States.

Sec. 1667. Missile defense radar in Hawaii.

Sec. 1668. Limitation on availability of funds for lower tier air and missile sensor.

Sec. 1669. Command and control, battle management, and communications program.

Sec. 1670. Annual assessment of ballistic missile defense system.

Sec. 1671. Modifications to required testing by missile defense agency of ground-based midcourse defense element of ballistic missile defense system.

Sec. 1672. Independent study on impacts of missile defense development and deployment.

Sec. 1673. Report and briefing on multi-object kill vehicle.

Subtitle F—Other Matters

Sec. 1681. Modification to reports on certain solid rocket motors.

Sec. 1682. Repeal of review requirement for ammonium perchlorate report.

Sec. 1683. Repeal of requirement for commission on electromagnetic pulse attacks and similar events.

Sec. 1684. Conventional prompt global strike weapon system.

Title XVII—Sanctions with respect to foreign traffickers of illicit synthetic opioids

Sec. 1701. Short title.

Sec. 1702. Findings.

Sec. 1703. Sense of Congress.

Sec. 1704. Definitions.

Subtitle A—Sanctions with Respect to Foreign Opioid Traffickers

Sec. 1711. Identification of foreign opioid traffickers.

Sec. 1712. Sense of Congress on international opioid control regime.

Sec. 1713. Imposition of sanctions.

Sec. 1714. Description of sanctions.

Sec. 1715. Waivers.

Sec. 1716. Procedures for judicial review of classified information.

Sec. 1717. Briefings on implementation.

Sec. 1718. Inclusion of additional material in International Narcotics Control Strategy Report.

Subtitle B—Commission on Combating Synthetic Opioid Trafficking

Sec. 1721. Commission on combating synthetic opioid trafficking.

Subtitle C—Other Matters

Sec. 1731. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers.

Sec. 1732. Department of Defense operations and activities.

Sec. 1733. Termination.

Sec. 1734. Exception relating to importation of goods.

Sec. 1735. Appropriate committees of Congress defined.

Sec. 1736. Funding.

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 resiliency and energy conservation 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.

Sec. 2607. Review and report on construction of new, or maintenance of existing, direct fuel pipeline connections at Air National Guard and Air Force Reserve installations.

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.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program Changes

Sec. 2801. Prohibition on use of military construction funds for construction of a wall, fence, or other physical barrier along the southern border of the United States.

Sec. 2802. Modification and clarification of construction authority in the event of a declaration of war or national emergency.

Sec. 2803. Inclusion of information regarding military installation resilience in master plans for major military installations.

Sec. 2804. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes.

Sec. 2805. Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.

Sec. 2806. Modification to Department of Defense Form 1391 regarding consideration of potential long-term adverse environmental effects.

Sec. 2807. Improved flood risk disclosure for military construction.

Sec. 2808. Technical corrections and improvements to defense access road resilience.

Subtitle B—Military Family Housing Reforms

Sec. 2811. Enhanced protections for members of the Armed Forces and their dependents residing in privatized military housing units.

Sec. 2812. Prohibition on use of nondisclosure agreements in connection with leases of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing.

Sec. 2813. Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing.

Sec. 2814. Modification to requirements for window fall prevention devices in military family housing units.

Sec. 2815. Assessment of hazards in Department of Defense housing.

Sec. 2816. Development of process to identify and address environmental health hazards in Department of Defense housing.

Sec. 2817. Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing.

Sec. 2818. Inspector General review of Department of Defense oversight of privatized military housing.

Sec. 2819. Department of Defense inspection authority regarding privatized military housing.

Sec. 2820. Improvement of privatized military housing.

Sec. 2821. Installation of carbon monoxide detectors in military family housing.

Sec. 2822. Lead-based paint testing and reporting.

Sec. 2823. Pilot program to build and monitor use of single family homes.

Sec. 2824. Investigation of reports of reprisals relating to privatized military housing and treatment as material breach.

Subtitle C—Real Property and Facilities Administration

Sec. 2831. Improved energy security for main operating bases in Europe.

Sec. 2832. Access to Department of Defense facilities for credentialed transportation workers.

Sec. 2833. Report on encroachment challenges on military installations posed by non-military aircraft.

Sec. 2834. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.

Sec. 2835. Improved recording and maintaining of Department of Defense real property data.

Sec. 2836. Continued Department of Defense use of heating, ventilation, and air conditioning systems utilizing variable refrigerant flow.

Sec. 2837. Report on Department of Defense use of intergovernmental support agreements.

Subtitle D—Land Conveyances

Sec. 2841. Land conveyance, Hill Air Force Base, Utah.

Sec. 2842. Release of conditions and reversionary interest, Camp Joseph T. Robinson, Arkansas.

Sec. 2843. Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California.

Subtitle E—Military Land Withdrawals

Sec. 2851. Public notice regarding upcoming periods of Secretary of the Navy management of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area.

Subtitle F—White Sands National Park and White Sands Missile Range

Sec. 2861. Short title.

Sec. 2862. Definitions.

Sec. 2863. Findings.

Sec. 2864. Establishment of White Sands National Park in the State of New Mexico.

Sec. 2865. Transfers of administrative jurisdiction related to the National Park and White Sands Missile Range.

Sec. 2866. Boundary modifications related to the National Park and Missile Range.

Subtitle G—Other Matters

Sec. 2871. Installation and maintenance of fire extinguishers in Department of Defense facilities.

Sec. 2872. Definition of community infrastructure for purposes of military base reuse studies and community planning assistance.

Sec. 2873. Report on vulnerabilities from sea level rise to certain military installations located outside the continental United States.

Sec. 2874. Black start exercises at Joint Bases.

Sec. 2875. Report on projects awaiting approval from the Realty Governance Board.

Sec. 2876. Santa Ynez Band of Chumash Indians Land Affirmation.

Sec. 2877. Report on lead service lines at military installations.

Sec. 2878. Renaming of Lejeune High School in honor of Congressman Walter B. Jones.

Sec. 2879. Operation, maintenance, and preservation of Mare Island Naval Cemetery, Vallejo, California.

Sec. 2880. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California.

Title XXIX—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.

Title XXX—Authorization of Emergency Military Construction

Sec. 3001. Authorization of emergency Navy construction and land acquisition projects.

Sec. 3002. Authorization of emergency Air Force construction and land acquisition projects.

Sec. 3003. Authorization of emergency Army National Guard and Army Reserve construction and land acquisition projects.

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, Limitations, and Other Matters

Sec. 3111. Personnel levels of the Office of the Administrator for Nuclear Security.

Sec. 3112. Office of Cost Estimating and Program Evaluation.

Sec. 3113. Clarification of certain Stockpile Responsiveness Program objectives.

Sec. 3114. Modification to plutonium pit production capacity.

Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3116. Repeal of limitation on availability of funds for acceleration of nuclear weapons dismantlement.

Sec. 3117. Elimination of limitation on availability of funds relating to submission of annual reports on unfunded priorities.

Sec. 3118. Program for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3119. Replacement of W78 warhead.

Sec. 3120. National Laboratory Jobs Access Program.

Sec. 3121. Independent review of plans and capabilities for nuclear verification, detection, and monitoring of nuclear weapons and fissile material.

Sec. 3122. Funding for low-enriched uranium research and development.

Sec. 3123. Availability of amounts for denuclearization of Democratic People's Republic of North Korea.

Sec. 3124. Accounting practices of National Nuclear Security Administration facilities.

Sec. 3125. Funding for inertial confinement fusion ignition and high yield program.

Sec. 3126. Improvements to Energy Employees Occupational Illness Compensation Program Act of 2000.

Sec. 3127. Civil penalties for violations of certain whistleblower protections.

Sec. 3128. Limitation relating to reclassification of high-level waste.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Sec. 3202. Improvements to 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 Occupational Safety and Health Advisory Committee.

Sec. 3504. Military to mariner program.

Subtitle B—Tanker Security Fleet

Sec. 3511. Tanker Security Fleet.

Subtitle C—Cable Security Fleet

Sec. 3521. Establishment of Cable Security Fleet.

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.

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.

Title XLIII—Operation and Maintenance

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

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.

Title XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

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.

A

DEPARTMENT OF DEFENSE AUTHORIZATIONS

I

PROCUREMENT

A

Authorization of Appropriations

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.

B

Navy Programs

111.

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), 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.

112.

Repeal of requirement to adhere to Navy cost estimates for certain aircraft carriers

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as most recently amended by section 121(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1309), is repealed.

113.

Ford class aircraft carrier support for F–35C aircraft

Before accepting delivery of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft.

114.

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.

115.

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.

116.

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 October 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Navy shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.

(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 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.

117.

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 75 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committee on Armed Services of the House of Representatives the report required under subsection (b).

(b)

Report required

The Secretary of the Navy shall submit to the Committee on Armed Services of the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of—

(1)

estimated effects on the manufacturing readiness level of the VH–92 program due to planned changes to the program manufacturing base;

(2)

the estimated costs and assessment of cost risk to the program due to planned 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 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.

118.

National Defense Reserve Fleet Vessel

(a)

In general

Subject to the availability of appropriations, the Secretary of the Navy, acting through the executive agent described in subsection (e), shall seek to enter into a contract for the construction of one sealift vessel for the National Defense Reserve Fleet.

(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 shall 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 shall seek to enter into a contract or other agreement with a private-sector entity under which the entity shall act as executive agent for the Secretary for purposes of the contract under subsection (a).

(2)

Responsibilities

The executive agent described in paragraph (1) shall 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 for the National Defense Reserve Fleet pursuant to the contract entered into under subsection (a).

119.

Report on plans to support and maintain aircraft at Marine Corps air stations

(a)

Report required

No 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 on the plans of the Secretary to support and maintain aircraft assigned to Marine Corps air stations that are transitioning from the F–18 Hornet aircraft to the F–35 Lightning aircraft.

(b)

Elements

The report under subsection (a) shall include—

(1)

the number and composition of squadrons assigned to each air station;

(2)

the support and maintenance workforce, including uniformed military, civilian, and contract personnel; and

(3)

the construction of aircraft and support facilities associated with the beddown of F–35 aircraft at each air station.

C

Air Force Programs

121.

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

(2)

in paragraph (2)(A), by striking can be returned to service and inserting is inducted into or maintained in type 1000 recallable storage.

122.

Modification of limitation on use of funds for KC–46A aircraft

Section 146(a)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking the military type certification and inserting either the military type certification or a military flight release.

123.

F–15EX aircraft program

(a)

Designation of major subprogram

In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate the F–15EX program as a major subprogram of the F–15 aircraft program.

(b)

Limitation

Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure an F–15EX aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the following documentation relating to the F–15EX program:

(1)

A program acquisition strategy.

(2)

An acquisition program baseline.

(3)

A test and evaluation master plan.

(4)

A life-cycle sustainment plan.

(5)

A post-production fielding strategy.

(c)

Exception for production of prototypes

(1)

In general

Notwithstanding subsection (b), the Secretary of the Air Force may use the funds described in paragraph (2) to develop, produce, and test not more than two prototypes of the F–15EX aircraft.

(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.

(d)

F–15EX program defined

In this section, the term F–15EX program means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code).

124.

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.

125.

Limitation on availability of funds for VC–25B aircraft

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over-and-above work on the VC–25B aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that—

(1)

with respect to work relating to aircraft paint scheme, interiors and livery, such work will not result in changes to the VC–25B aircraft that cause the aircraft to exceed—

(A)

the specification requirements applicable to the VC–25A aircraft; or

(B)

the quality or grade of the VC–25A aircraft;

(2)

the livery for the VC–25B aircraft will comply with the criteria set forth in the report of the Boeing Company titled Phase II Aircraft Livery and Paint Study Final Report as submitted to the Federal Government in April 2017;

(3)

such work is not a result of late design changes made by the Federal Government to the interior design of the VC–25B aircraft; and

(4)

such work is not a result of rework that exceeds the criteria set forth in the report of the Boeing Company titled Presidential Quality Interior Acceptance Standards Report as submitted to the Federal Government in September 2018.

(b)

Over-and-above work defined

In this section, the term over-and-above work means work discovered during the course of performing overhaul, maintenance, or repair efforts that—

(1)

is within the general scope of the contract pursuant to which such efforts are carried out;

(2)

is not covered by a line item for the basic work under the contract; and

(3)

is necessary in order to satisfactorily complete the contract.

126.

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.

127.

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.

128.

Increase in funding for RC–135 aircraft

(a)

Increase for RC–135

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, other aircraft, RC–135, line 055 is hereby increased by $171,000,000.

(b)

Increase for DARP RC–135

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Air Force, special support projects, DARP RC135, line 063 is hereby increased by $29,000,000.

(c)

Offsets

(1)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Defense Contract Management Agency, line 200 is hereby reduced by $25,000,000.

(2)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Office of the Secretary of Defense, line 460 is hereby reduced by $25,000,000.

(3)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Initial Spares/Repair Parts, line 069 is hereby reduced by $40,000,000.

(4)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Other Production Charges, line 088 is hereby reduced by $33,000,000.

(5)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Flares, line 015 is hereby reduced by $14,000,000.

(6)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Vigilance and Combat Systems, line 130 is hereby reduced by $25,000,000.

(7)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Battle Management, line 133 is hereby reduced by $16,000,000.

(8)

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Capability Integration, line 134 is hereby reduced by $22,000,000.

129.

Provisions relating to RC–26B manned intelligence, surveillance, and reconnaissance aircraft

(a)

Limitation of funds

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 on backup aircraft inventory status, any RC–26B 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 or platforms other than the RC–26B aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–26B aircraft; and

(2)

the capacity and capabilities of such other technologies or platforms meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and non-kinetic operations.

(b)

Exception

The limitation in subsection (a) shall not apply to individual RC–26 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)

Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform

(1)

Of the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $15,000,000 for the purposes of the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(2)

Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in 4401, the Secretary of the Air Force may transfer up to $16,000,000 from military personnel, Air National Guard for personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(d)

Memorandum of agreement

Notwithstanding any other provision of law, the Chief of the National Guard Bureau may enter into one or more Memorandum of Agreement with other Federal entities for the purposes of assisting with the missions and activities of such entities.

(e)

Air Force report

Not later than 90 days after enactment of this Act, the Secretary of the Air Force shall submit to congressional defense committees a report detailing the manner in which the Secretary would provide manned and unmanned intelligence, surveillance, and reconnaissance mission support or manned and unmanned incident awareness and assessment mission support to military and non-military entities in the event the RC–26B is divested. The Secretary shall include a determination regarding whether or not this support would be commensurate with that which the RC–26B is able to provide. The Secretary, in consultation with the Chief of the National Guard Bureau shall also contact and survey the support requirements of other Federal agencies and provide an assessment for potential opportunities to enter into one or more Memorandum of Agreements with such agencies for the purposes of assisting with the missions and activities of such entities, such as domestic or, subject to legal authorities, foreign operations, including but not limited to situational awareness, damage assessment, evacuation monitoring, search and rescue, chemical, biological, radiological, and nuclear assessment, hydrographic survey, dynamic ground coordination, and cyberspace incident response.

130.

Air Force Aggressor Squadron Modernization

(a)

Sense of the House of Representatives

It is the sense of the House of Representatives 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;

(2)

in order to have this capability, Air Force must have access to an advanced adversary force prior to United States adversaries fielding a 5th-generation operational capability; and

(3)

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

No later than 6 months prior to the transfer of any low-rate initial production F–35 aircraft for use as aggressor aircraft, the Chief of Staff of the Air Force shall submit to the congressional defense committees, and the Member of Congress and the Senators who represent bases from where aircraft may be transferred, a comprehensive plan and report on the strategy for modernizing the 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’s 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.

(D)

Any costs associated with moving the aircraft.

(E)

Any jobs on the relevant military installation that may be affected by said changes.

130A.

Open Skies Treaty aircraft recapitalization program

(a)

In general

The Secretary of the Air Force shall 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

(b)

Open Skies Treaty Defined

The term Open Skies Treaty means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

D

Defense-wide, Joint, and Multiservice Matters

131.

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 (5), from amounts made available for obligation under the F–35 aircraft program for fiscal year 2020, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021, 2022, and 2023.

(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

Except as provided in paragraph (5), the Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:

(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.

(F)

The determination under subparagraph (E) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334 of title 10, United States Code, and the analysis supports that determination.

(5)

Exception

Notwithstanding paragraph (4), the Secretary of Defense may enter into a contract under paragraph (1) on or after March 1, 2020, if—

(A)

the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under paragraph (3) with respect to the contract;

(B)

the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in subparagraphs (A) through (E) of paragraph (4) is satisfied; and

(C)

a period of 30 days has elapsed following the date on which the Secretary submits the certification under subparagraph (B).

(b)

Buy-to-budget acquisition

Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.

132.

Program requirements for the F–35 aircraft program

(a)

Designation of major subprogram

In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate F–35 Block 4 as a major subprogram of the F–35 aircraft program.

(b)

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.

(3)

Submittal to Congress

The cost estimates required under paragraphs (1) and (2) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

(c)

Revision of program elements

(1)

Revision required

The Secretary of Defense shall revise the program elements applicable to the F–35 aircraft program as follows:

(A)

Research and development

The program element for research and development costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i)

System development and demonstration closeout.

(ii)

F–35 Block 4.

(iii)

Autonomic logistics information system development and upgrades.

(iv)

Dual-capable aircraft.

(v)

Test infrastructure.

(vi)

Additional program budget elements, as required, for each modernization or upgrade effort initiated after F–35 Block 4.

(B)

Procurement

The program element for procurement costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i)

Recurring fly-away and ancillary equipment.

(ii)

Non-recurring fly-away and ancillary equipment.

(iii)

F–35 Block 4.

(iv)

Autonomic logistics information system.

(v)

Dual-capable aircraft.

(vi)

Engineering support.

(vii)

Aircraft retrofit and modification.

(viii)

Depot activation.

(ix)

Initial spares.

(x)

Production support.

(2)

Inclusion in budget materials

The Secretary of Defense shall ensure that each revised program element described in paragraph (1) is included, with a specific dollar amount, in the materials relating to the F–35 aircraft program submitted to Congress by the Secretary of Defense in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for fiscal year 2021 and each fiscal year thereafter until the date on which the F–35 aircraft program terminates.

(d)

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 business case analysis of the Department of Defense for F–35 Block 4 follow-on modernization efforts.

(C)

The progress and results of F–35 Block 4 and other follow-on modernization development and testing efforts.

(D)

The Department's schedule for delivering software upgrades in six-month, scheduled increments.

(E)

The progress and results of any other significant hardware development and fielding efforts necessary for F–35 Block 4.

(F)

Any other issues the Comptroller General determines to be appropriate.

(e)

F–35 Block 4 defined

In this section, the term F–35 Block 4 means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code.

133.

Reports on 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

(1)

In general

The Secretary of Defense shall submit to the congressional defense committees a report on F–35 Block 4. The report shall include the following:

(A)

The results of an independent cost estimate for F–35 Block 4 conducted by the Director of Cost Assessment and Program Evaluation.

(B)

A test and evaluation master plan, approved by the Director of Operational Test and Evaluation, that addresses testing resources, testing aircraft shortfalls, and testing funding.

(C)

A technology readiness assessment of all technologies and capabilities planned for F–35 Block 4 conducted by the Under Secretary of Defense for Research and Engineering.

(D)

A review of the feasibility of the continuous capability development and delivery strategy for fielding F–35 Block 4 technologies conducted by the Under Secretary of Defense for Research and Engineering.

(2)

F–35 Block 4 defined

In this subsection, the term F–35 Block 4 has the meaning given that term in section 132(e).

(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)

Deadline for submittal

The reports required under subsections (a) through (c) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

134.

Requirement to seek compensation for failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program

The Secretary of Defense shall take such action as necessary to seek compensation from the contractor for costs related to the failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program as described in described in the report titled Audit of F–35 Ready-For-Issue Spare Parts and Sustainment Performance Incentive Fees (DODIG–2019–094) issued by the Department of Defense Inspector General on June 13, 2019.

135.

Procurement authority for light attack aircraft

(a)

Procurement authority for Combat Air Advisor support

Subject to subsection (b), the Commander of the United States Special Operations Command may procure light attack aircraft for Combat Air Advisor mission support.

(b)

Certification required

The Commander of the United States Special Operations Command may not procure light attack aircraft under subsection (a) until a period of 60 days has elapsed following the date on which the Commander certifies to the congressional defense committees that a mission capability gap and special-operations-forces-peculiar acquisition requirement exists which can be mitigated with procurement of a light attack aircraft capability.

(c)

Authority to use or transfer funds made available for Light Attack Aircraft experiments

The Secretary of the Air Force shall use or transfer amounts authorized to be appropriated by this Act for Light Attack Aircraft experiments to procure the required quantity of aircraft for—

(1)

Air Combat Command’s Air Ground Operations School; and

(2)

Air Force Special Operations Command for Combat Air Advisor mission support in accordance with subsection (a).

II

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A

Authorization of Appropriations

201.

Authorization of appropriations

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

B

Program Requirements, Restrictions, and Limitations

211.

Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics

(a)

Program required

Chapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section:

2192b.

Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics

(a)

Program required

The Secretary of Defense shall carry out a program to—

(1)

enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathematics; and

(2)

provide assistance to teachers at covered schools to enhance preparation described in paragraph (1).

(b)

Coordination

In carrying out the program, the Secretary shall coordinate with the following:

(1)

The Secretaries of the military departments.

(2)

The Secretary of Education.

(3)

The National Science Foundation.

(4)

Other organizations as the Secretary of Defense considers appropriate.

(c)

Activities

Activities under the program may include the following:

(1)

Establishment of targeted internships and cooperative research opportunities at defense laboratories and other technical centers for students and teachers at covered schools.

(2)

Establishment of scholarships and fellowships for students at covered schools.

(3)

Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools.

(4)

Development of travel opportunities, demonstrations, mentoring programs, and informal science education for students and teachers at covered schools.

(d)

Metrics

The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense.

(e)

Covered schools defined

In this section, the term covered schools means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the armed forces are enrolled.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192a the following new item:

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.

212.

Temporary inclusion of joint artificial intelligence center of the Department of Defense in personnel management authority to attract experts in science and engineering

(a)

In general

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

(6)

Joint Artificial Intelligence Center

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

.

(b)

Scope of appointment authority

Subsection (b)(1) of such section is amended—

(1)

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

(2)

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

(3)

by adding at the end the following new subparagraph:

(F)

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

.

(c)

Extension of terms of appointment

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

213.

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 (d) through (g), and shall;

(2)

by redesignating subsections (b) through (e) as subsections (d) through (g), respectively;

(3)

by inserting after subsection (a) the following new subsections:

(b)

Director

There is a Director of the Office (referred to in this section as the Director). The Director shall be appointed by the Secretary of Defense and shall serve as the senior official in the Department of Defense with principal responsibility for carrying out the program and activities described in subsections (d) through (g). The Director shall report to the Assistant Director for Hypersonics within the Office of the Under Secretary of Defense for Research and Engineering.

(c)

University consortium

(1)

Designation

The Director shall designate a consortium of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to lead foundational hypersonic research in research areas that the Director determines to be appropriate for the Department of Defense.

(2)

Availability of information

The Director shall ensure that the research results and reports of the consortium are made available across the Federal Government, the private sector, and academia, consistent with appropriate security classification guidance.

;

(4)

in subsection (d), by striking The Office and inserting The Director;

(5)

in subsection (e), as so redesignated—

(A)

in the matter preceding paragraph (1), by striking program required by subsection (b), the Office and inserting program required by subsection (d), the Director;

(B)

in paragraph (3)(A), by striking private sector and inserting private-sector academic; and

(C)

in paragraph (5), by striking certified under subsection (e) as being consistent with the roadmap under subsection (d) and inserting certified under subsection (g) as being consistent with the roadmap under subsection (f);

(6)

in subsection (f), as so redesignated—

(A)

in paragraph (3)—

(i)

in subparagraph (C)—

(I)

in clause (i), by striking and at the end;

(II)

in clause (ii), by striking the period at the end and inserting ; and; and

(III)

by adding at the end the following new clause:

(iii)

the activities and resources of the consortium designated by the Director under subsection (c) to be leveraged by the Department to meet such goals.

; and

(ii)

in subparagraph (D), by striking facilities both places it appears and inserting facilities and infrastructure; and

(B)

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 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.

;

(7)

in subsection (g), as so redesignated—

(A)

by striking subsection (d) each place it appears and inserting subsection (f);

(B)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking The Office and insert The Director;

(ii)

in subparagraph (A) by striking research, development, test, and evaluation and demonstration programs within the Department of Defense and inserting defense-wide research, development, test, and evaluation and demonstration programs; and

(iii)

in subparagraph (B), by striking the hypersonics and inserting all hypersonics;

(C)

in paragraph (2), by striking The Office and inserting The Director; and

(D)

in paragraph (3), by striking 2016 and inserting 2026; and

(8)

by adding at the end the following new subsection:

(h)

Funding

The Secretary may make available such funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of hypersonics technologies and transition of those systems and technologies into acquisition programs or operational use.

.

214.

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 before Program; 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 striking subsection (f); and

(7)

by adding at the end 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.

.

215.

Contract for national security research studies

(a)

Contract authority

The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center under which the private scientific advisory group known as JASON will provide national security research studies to the Department of Defense.

(b)

Terms of contract

The contract entered into under subsection (a) shall be an indefinite delivery-indefinite quantity contract with terms substantially similar to the terms of the contract in effect before March 28, 2019, under which JASON provided national security research studies to the Department of Defense (solicitation number HQ0034–19–R–0011 for JASON National Security Research Studies).

(c)

Termination

The Secretary of Defense may not terminate the contract under subsection (a) until a period of 180 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to terminate the contract and receives approval for such termination from the committees.

216.

JASON Scientific Advisory Group

Pursuant to section 173 of title 10, United States Code, the Secretary of Defense shall seek to engage the members of the private scientific advisory group to multiple Federal agencies 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.

217.

Direct Air Capture and Blue Carbon Removal Technology Program

(a)

Program authorized

(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, may 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 may 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 may 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)

Duration

The Secretary may carry out the research and development phase of the Program commencing not later than 90 days after the date of the enactment of this Act.

(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 may, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program.

(2)

Direct air capture

The testing and evaluation phase of the Program may include demonstration projects for direct air capture 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)

Duration

Subject to subsection (a)(3)(B), the Secretary may carry out the testing and evaluation phase of the Program commencing on the date of the completion of the research and development phase described in subsection (b), except that the testing and evaluation phase of the Program with respect to direct air capture may commence at such time after a front end engineering and design study demonstrates to the Secretary that commencement of such phase is appropriate.

(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)

Blue carbon capture

The term blue carbon capture means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.

(2)

Direct air capture

(A)

In general

The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.

(B)

Exclusion

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)

Eligible laboratory

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)); or

(B)

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));

(C)

the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and

(D)

other facilities that support the research development, test, and evaluation activities of the Department of Defense or Department of Energy.

218.

Foreign malign influence operations research program

(a)

Program required

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a research program on foreign malign influence operations research as part of the university and other basic research programs of the Department of Defense (such as the Minerva Research Initiative).

(b)

Program objectives

The objectives of the research program shall be the following:

(1)

To enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.

(2)

To facilitate the compilation, analysis, and storage of publicly available or voluntarily provided indicators of foreign malign influence operations, including those appearing on social media platforms, for the purposes of additional research.

(3)

To promote the development of best practices relating to tactics, techniques, procedures, and technology for the protection of the privacy of the customers and users of the social media platforms and the proprietary information of the social media companies in conducting research and analysis or compiling and storing indicators and key trends of foreign malign influence operations on social media platforms.

(4)

To promote collaborative research and information exchange with other relevant entities within the Department and with other agencies relating to foreign malign influence operations.

(c)

Program activities

In order to achieve the objectives specified in subsection (b), the Secretary is authorized to carry out the following activities:

(1)

The Secretary may award research grants to eligible individuals and entities on a competitive basis.

(2)

The Secretary may award financial assistance to graduate students on a competitive basis.

(d)

Report

Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in carrying out the research program under this section, including a description of the activities and research conducted as part of the program.

219.

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).

220.

Documentation relating to 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 comprises the System.

(2)

The final analysis of alternatives for the System.

(3)

An acquisition strategy for the System, including—

(A)

an outline of each increment of the System; and

(B)

the date on which each increment will reach initial operational capability and full operational capability, respectively.

(4)

A capability development document for the System.

(5)

An acquisition program baseline for the System.

(6)

A test and evaluation master plan for the System.

(7)

A life-cycle sustainment plan for the System.

(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)

April 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 comprises such capability.

221.

Documentation relating to B–52 commercial engine replacement program

(a)

Documentation required

The Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the B–52 commercial engine replacement program of the Air Force:

(1)

A capability development document for the program, approved by the Secretary of the Air Force.

(2)

A test and evaluation master plan for the program, approved by the Director of Operational Test and Evaluation.

(b)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).

222.

Diversification of the science, technology, 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, shall conduct an assessment of critical skillsets required across the science, technology, research, and engineering workforce of the Department of Defense to support emerging and future warfighter technologies.

(2)

Elements

The assessment required by paragraph (1) shall include analysis of the following:

(A)

The percentage of women and minorities employed in the workforce as of the date of the assessment.

(B)

The percentage of grants, fellowships, and funding awarded to minorities and women.

(C)

The effectiveness of existing hiring and attraction incentives, other encouragements, and required service agreement commitments in attracting and retaining minorities and women in the workforce of the Department after such individuals complete work on Department-funded research projects, grant projects, fellowships, and STEM programs.

(D)

The geographical diversification of the workforce and the operating costs 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, shall develop and implement a plan to diversify and strengthen the science, technology, 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 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.

223.

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)

Definitions

For purposes of this section, digital engineering is the discipline and set of skills involved in the creation, processing, transmission, integration, and storage of digital data, (including but not limited to data science, machine learning, software engineering, software product management, and artificial intelligence product management).

(b)

Responsibility

(1)

Appointment of Officer

Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall appoint a civilian official responsible for the development and implementation of the policy set forth in subsection (a). The official shall be known as the Chief Digital Engineering Recruitment and Management Officer of the Department of Defense (in this section referred to as the Officer).

(2)

Expiration of appointment

The appointment of the Officer under paragraph (1) shall expire on September 30, 2029.

(c)

Duties

In developing and providing for the discharge of the policy set forth in subsection (a), the Officer shall work with the Assistant Secretaries of the military departments for Manpower and Reserve Affairs to carry out the following:

(1)

Develop for, and enhance within, the recruitment programs of each Armed Force various core initiatives, programs, activities, and mechanisms, tailored to the unique needs of each Armed Force, to identify and recruit civilian employees and members of the Armed Forces with demonstrated aptitude, interest, and proficiency in digital engineering, and in science, technology, engineering, and mathematics (STEM) generally, including initiatives, programs, activities, and mechanisms to target populations of individuals not typically aware of opportunities in the Department of Defense for a digital engineering career.

(2)

Identify and share with the military departments best practices around the development of flexible career tracks and identifiers for digital engineering and related digital competencies and meaningful opportunities for career development, talent management, and promotion within such career tracks.

(3)

Develop and maintain education, training, doctrine, rotational opportunities, and professional development activities to support the civilian and military digital engineering workforce.

(4)

Coordinate and synchronize digital force management activities throughout the Department of Defense, advise the Secretary of Defense on all matters pertaining to the health and readiness of digital forces, convene a Department-wide executive steering group, and submit to Congress an annual report on the readiness of digital forces and progress toward achieving the policy set forth in subsection (a).

(5)

Create a Department-wide mechanism to track digital expertise in the workforce, develop and maintain organizational policies, strategies, and plans sufficient to build, maintain, and refresh internal capacity at scale, and report to the Secretary quarterly on the health and readiness the digital engineering workforce.

(6)

Assist the military departments in designing, developing, and executing programs and incentives to retain, track, and oversee digital expertise among civilian employees of the Department and members of the Armed Forces on active duty.

(7)

At the request of the Chief of Staff of an Armed Force, or the head of another component or element of the Department, undertake an executive search for key leadership positions in digital engineering in such Armed Force, component, or element, and develop and deploy agile hiring processes to fill such positions.

(8)

Identify necessary changes in authorities, policies, resources, or a combination thereof to further the policy set forth in subsection (a), and submit to Congress a report on such changes.

(d)

Implementation plan

Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to carry out the requirements of this section. The plan shall include the following:

(1)

An assessment of progress of the Secretary in recruiting an individual to serve as the Officer required to be appointed under subsection (b).

(2)

A timeline for implementation of the requirements of this section, including input from each military department on its unique timeline.

(3)

Recommendations for any legislative or administrative action required to meet the requirements of this section.

224.

Development and implementation of digital engineering capability and automated software testing and evaluation

(a)

Capability required

(1)

In general

The Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation shall jointly design, develop, and implement a digital engineering capability and infrastructure—

(A)

to provide technically accurate digital models to the acquisition process; and

(B)

to serve as the foundation for automated approaches to software testing and evaluation.

(2)

Elements

The capability developed under subsection (a) shall consist of digital platforms that may be accessed by individuals throughout the Department who have responsibilities relating to the development, testing, evaluation, and operation of software. The platforms shall enable such individuals to—

(A)

use systems-level digital representations and simulation environments;

(B)

perform automated software testing based on criteria developed, in part, in consultation with the Under Secretary’s developmental test organization and the Director to satisfy program operational test requirements; and

(C)

perform testing on a repeatable, frequent, and iterative basis.

(b)

Pilot programs

(1)

In general

The Under Secretary and Director shall carry out pilot programs to demonstrate whether it is possible for automated testing to satisfy—

(A)

developmental test requirements for the software-intensive programs of the Department of Defense; and

(B)

the Director’s operational test requirements for such programs.

(2)

Number of pilot programs

The Under Secretary and Director shall carry out not fewer than four and not more than ten pilot programs under this section.

(3)

Requirements

For each pilot program carried out under paragraph (1), the Under Secretary and Director shall—

(A)

conduct a cost-benefit analysis that compares the costs and benefits of the digital engineering and automated testing approach of the pilot program to the nondigital engineering based approach typically used by the Department of Defense;

(B)

ensure that the intellectual property strategy for the pilot program supports the data required to operate the models used under the program; and

(C)

develop a workforce and infrastructure plan to support any new policies and guidance implemented during the pilot program or after the completion of the program.

(4)

Considerations

In carrying out paragraph (1), the Under Secretary and Director may consider using the authorities provided under sections 873 and 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(5)

Report

Not later than 90 days after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report that includes a description of—

(A)

each pilot program that will be carried out under paragraph (1);

(B)

software programs that may be used as part of each pilot program;

(C)

selection criteria and intellectual property and licensing issues relating to such software programs;

(D)

any recommendations for changes to existing law to facilitate the implementation of the pilot programs; and

(E)

such other matters as the Under Secretary and Director determine to be relevant.

(6)

Termination

Each pilot program carried out under paragraph (1) shall terminate not later than December 31, 2025.

(c)

Policies and guidance required

(1)

In general

The Under Secretary and the Director shall issue policies and guidance to implement—

(A)

the digital engineering capability and infrastructure developed under subsection (a); and

(B)

the pilot programs carried out under subsection (b).

(2)

Elements

The policies and guidance issued under paragraph (1) shall—

(A)

specify procedures for developing and maintaining digital engineering models and the automated testing of software throughout the program life cycle;

(B)

include processes for automated testing of developmental test requirements and operational test requirements;

(C)

include processes for automated security testing, including—

(i)

penetration testing; and

(ii)

vulnerability scanning;

(D)

include processes for security testing performed by individuals, including red team assessments with zero-trust assumptions;

(E)

encourage the use of an automated testing capability instead of acquisition-related processes that require artifacts to be created for acquisition oversight but are not used as part of the engineering process;

(F)

support the high-confidence distribution of software to the field on a time-bound, repeatable, frequent, and iterative basis;

(G)

provide technically accurate models, including models of system design and performance, to the acquisition process; and

(H)

ensure that models are continually updated with the newest design, performance, and testing data.

(d)

Consultation

In carrying out subsections (a) through (c), the Under Secretary and Director shall consult with—

(1)

the Under Secretary of Defense for Acquisition and Sustainment;

(2)

the service acquisition executives;

(3)

the service testing commands; and

(4)

the Defense Digital Service.

(e)

Report required

Not later one year after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report on the progress of the Under Secretary and Director in carrying out subsections (a) through (c). The report shall include—

(1)

an independent assessment conducted by the Defense Innovation Board of the progress made as of the date of the report;

(2)

an explanation of how the results of the pilot programs carried out under subsection (b) will inform subsequent policy and guidance, particularly the policy and guidance of the Director of Operational Test and Evaluation; and

(3)

any recommendations for changes to existing law to facilitate the implementation of subsections (a) through (c).

(f)

Definitions

In this section:

(1)

The term Under Secretary and Director means the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, acting jointly.

(2)

The term digital engineering means an integrated digital approach that uses authoritative sources of system data and models as a continuum across disciplines to support life-cycle activities from concept through disposal.

(3)

The term zero-trust assumption means a security architecture philosophy designed to prevent all threats, including insider threats and outsider threats.

(4)

The term red team assessment means penetration tests and operations performed on a system to emulate a capable adversary to expose security vulnerabilities.

225.

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;

(2)

establish mechanisms to ensure that the Under Secretary of Defense for Policy has the information and resources necessary to continuously formulate and update policies relating to emerging technology, including by directing the organizations and entities of the Department of Defense responsible for the development such technology—

(A)

to share information with the Under Secretary;

(B)

to communicate plans for the fielding and use of emerging technology to the Under Secretary; and

(C)

to coordinate activities relating to such technology with the Under Secretary;

(3)

incorporate procedures for the legal review of—

(A)

weapons that incorporate emerging technology; and

(B)

treaties that may be affected by such technology; and

(4)

ensure that emerging technologies procured and used by the military will be tested, as applicable, for algorithmic bias and discriminatory outcomes.

(c)

Reports required

(1)

Interim report

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in carrying out subsection (a).

(2)

Final report

Not later than 30 days after date on which the Secretary of Defense establishes the process required under subsection (a), the Secretary shall submit to the congressional defense committees a report that describes such process.

(d)

Definitions

In this section:

(1)

The term covered official means the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Policy, the commanders of the combatant commands, and the Secretaries of the military departments.

(2)

The term emerging technology means technology determined to be in an emerging phase of development by the Secretary of Defense and includes quantum computing, technology for the analysis of large and diverse sets of data (commonly known as big data analytics), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, and biotechnology.

226.

Limitation on transition of Strategic Capabilities Office of the Department of Defense

(a)

Limitation

The Secretary of Defense may not transition or transfer the functions of the Strategic Capabilities Office of the Department of Defense to another organization or element of the Department until—

(1)

the plan required under subsection (b) has been submitted to the congressional defense committees; and

(2)

a period of 30 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to transition or transfer the functions of the Office.

(b)

Plan required

(1)

In general

The Secretary of Defense shall submit to the congressional defense committees a plan for the transition or transfer of the functions of the Strategic Capabilities Office to another organization or element of the Department of Defense.

(2)

Elements

The plan required under paragraph (1) shall include the following:

(A)

A timeline for the potential transition or transfer of the activities, functions, programs, plans, and resources of the Strategic Capabilities Office.

(B)

The status of funding and execution of current Strategic Capabilities Office projects, including a strategy for mitigating risk to current projects during the transition or transfer.

(C)

The impact of the transition or transfer on the ability of the Department to rapidly address Combatant Command requirements.

(D)

The impact of the transition or transfer on the cultural attributes and core competencies of the Strategic Capabilities Office and any organization or element of the Department of Defense affected by the realignment of the Office.

(E)

An assessment of the impact of the transition or transfer on the relationships of the Strategic Capabilities Office with the military departments, Combatant Commands, Department of Defense laboratories, the intelligence community, and other research and development activities.

(F)

Budget and programming realignment and prioritization of Research, Development, Testing, and Evaluation budget activity that will be carried out as a result of the transition or transfer.

(G)

The status of the essential authorities of the Director of the Strategic Capabilities Office, including acquisition authorities, personnel management authorities, the authority to enter into support agreements and strategic partnerships, and original classification authority.

(3)

Form of plan

The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

227.

Sense of Congress on the importance of continued coordination of studies and analysis research of the Department of Defense

It is the sense of Congress that the Secretary of Defense shall continue to work to create a Department of Defense-wide process under which the heads of the military departments and Defense Agencies responsible for managing requests for studies and analysis research coordinate annual research requests and ongoing research efforts to optimize both the benefits to the Department and the efficiency of the research.

228.

Global positioning system modernization

(a)

Designation of responsible entity

As part of the efforts the Department of Defense with respect to GPS military code (commonly known as M-code) receiver card acquisition planning, the Secretary of Defense shall designate an entity within the Department to have principal responsibility for—

(1)

systematically collecting integration test data, lessons learned, and design solutions relating to M-code receiver cards;

(2)

making such data, lessons learned, and design solutions available to all programs expected to integrate M-code receiver cards.

(b)

Additional measures

In carrying out subsection (a), the Secretary of Defense shall—

(1)

take such actions as are necessary to reduce duplication and fragmentation in the implementation of M-code receiver card modernization across the Department;

(2)

clarify the role of the Chief Information Officer in leading the M-code receiver card modernization effort; and

(3)

ensure that the Department’s Positioning, Navigation, and Timing Enterprise Oversight Council will collect integration test data, designs solutions, and lessons learned, and confirm that such additional steps are taking place.

229.

Musculoskeletal injury prevention research

(a)

Program required

The Secretary of Defense shall carry out a program on musculoskeletal injury prevention research to identify risk factors for musculoskeletal injuries among members of the Armed Forces and to create a better understanding for adaptive bone formation during initial entry military training.

(b)

Funding

(1)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, applied research, medical technology, line 040 (PE 0602787A) is hereby increased by $4,800,000 (with the amount of such increase to be made available to carry out the program on musculoskeletal injury prevention research under subsection (a)).

(2)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for shipbuilding and conversion, Navy, ship to shore connector, line 024 is hereby reduced by $4,800,000.

230.

STEM jobs action plan

(a)

Findings

Congress finds the following:

(1)

Jobs in science, technology, engineering, and math in addition to maintenance and manufacturing (collectively referred to in this section as STEM) make up a significant portion of the workforce of the Department of Defense.

(2)

These jobs exist within the organic industrial base, research, development, and engineering centers, life-cycle management commands, and logistics centers of the Department.

(3)

Vital to the continued support of the mission of all of the military services, the Department needs to maintain its STEM workforce.

(4)

It is known that the demographics of personnel of the Department indicate that many of the STEM personnel of the Department will be eligible to retire in the next few years.

(5)

Decisive action is needed to replace STEM personnel as they retire to ensure that the military does not further suffer a skill and knowledge gap and thus a serious readiness gap.

(b)

Assessments and plan of action

The Secretary of Defense, in conjunction with the Secretary of each military department, shall—

(1)

perform an assessment of the STEM workforce for organizations within the Department of Defense, including the numbers and types of positions and the expectations for losses due to retirements and voluntary departures;

(2)

identify the types and quantities of STEM jobs needed to support future mission work;

(3)

determine the shortfall between lost STEM personnel and future requirements;

(4)

analyze and explain the appropriateness and impact of using reimbursable and working capital fund dollars for new STEM hires;

(5)

identify a plan of action to address the STEM jobs gap, including hiring strategies and timelines for replacement of STEM employees; and

(6)

deliver to Congress, not later than December 31, 2020, a report specifying such plan of action.

230A.

Sense of Congress on future vertical lift technologies

(a)

Findings

Congress finds the following:

(1)

As the United States enters an era of great power competition, the Army must appropriately modernize its aircraft fleet.

(2)

Specifically, investments in maturation technologies to accelerate the deployment of future vertical lift programs is paramount.

(3)

Technology designs and prototypes must be converted into production-ready articles for effective fielding.

(4)

Congress is concerned that the Army is not adequately resourcing programs to improve pilot situational awareness, increase flight operations safety, and diminish operation and maintenance costs.

(b)

Sense of Congress

It is the sense of Congress that the Army should to continue to invest in research, development, test, and evaluation programs to mature future vertical lift technologies.

230B.

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 (c)—

(A)

in paragraph (2), by striking the semicolon at the end and inserting

, including through coordination with—

(A)

the National Quantum Coordination Office;

(B)

the subcommittee on Quantum Information Science and the subcommittee on Economic and Security Implications of Quantum Science of the National Science and Technology Council;

(C)

the Quantum Economic Development Consortium;

(D)

the Under Secretary of Defense for Acquisition and Sustainment;

(E)

the Industrial Policy office of the Department of Defense;

(F)

industry;

(G)

academic institutions; and

(H)

national laboratories;

;

(B)

by redesignating paragraphs (3) and (4) as paragraphs (5) and (8), respectively;

(C)

by inserting after paragraph (2) the following new paragraphs:

(3)

develop, in coordination with the entities listed in paragraph (2), plans for workforce development, enhancing awareness and reducing risk of cybersecurity threats, and the development of ethical guidelines for the use of quantum technology;

(4)

develop, in coordination with the National Institute of Standards and Technology, a quantum science taxonomy and requirements for technology and standards;

;

(D)

in paragraph (5) (as so redesignated), by striking and at the end;

(E)

by inserting after paragraph (5) (as so redesignated) the following new paragraphs:

(6)

support efforts to increase the technology readiness level of quantum technologies under development in the United States;

(7)

coordinate quantum technology initiatives with allies of the United States, including by coordinating with allies through The Technical Cooperation Program; and

; and

(F)

in paragraph (8) (as so redesignated), by striking meeting the long-term challenges and achieving the specific technical goals and inserting carrying out the program required by subsection (a); and

(2)

in subsection (d)—

(A)

by redesignating subparagraphs (C) through (E) as subparagraphs (E) through (G), respectively; and

(B)

by inserting after subparagraph (B) the following new subparagraphs:

(C)

A quantum technology roadmap indicating the likely timeframes for development and military deployment of quantum technologies, and likely relative national security impact of such technologies.

(D)

A description of efforts to update classification and cybersecurity practices surrounding quantum technology, including—

(i)

security processes and requirements for engagement with allied countries; and

(ii)

a plan for security-cleared workforce development.

.

230C.

Trusted supply chain and operational security standards for microelectronics

(a)

Trusted Supply Chain and Operational Security Standards

(1)

Standards required

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.

(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 security authorized

In carrying out paragraph (1), the Secretary may establish tiers 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 and commercial industry.

(5)

Annual review

Not later than October 1 of each year, the Secretary shall review the standards established pursuant to paragraph (1) and issue updates or modifications as the Secretary considers necessary or appropriate.

(b)

Ensuring Ability to Sell Commercially

(1)

In general

The Secretary shall, to the greatest extent practicable, ensure that suppliers of microelectronics products for the Federal Government who meet the standards established under subsection (a) are able and incentivized to sell products commercially that are produced on the same production lines as the microelectronics products supplied to the Federal Government.

(2)

Effect of requirement 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.

(c)

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 (a) 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 (a) includes providers producing in or belonging to countries that are allies or partners of the United States.

C

Reports and Other Matters

231.

Master plan for implementation of authorities relating to science and technology reinvention laboratories

(a)

Plan required

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a master plan for using current authorities and responsibilities to strengthen and modernize the workforce and capabilities of the science and technology reinvention laboratories of the Department of Defense (referred to in this section as the laboratories) to enhance the ability of the laboratories to execute missions in the most efficient and effective manner.

(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)

an explanation of the level of priority that will be given 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 (3) using—

(A)

current authorities and responsibilities; and

(B)

such other authorities as are determined to be relevant by the Secretary of Defense.

(7)

Identification of any statutory barriers to implementing the master plan and legislative proposals to address such barriers.

(c)

Consultation

In developing the master plan required under subsection (a), the Secretary of Defense and the Under Secretary of Defense for Research and Engineering shall consult with—

(1)

the Secretary of each military department;

(2)

the Service Acquisition Executives with responsibilities relevant to the laboratories;

(3)

the commander of each military command with responsibilities relating to research and engineering that is affected by the master plan; and

(4)

any other officials determined to be relevant by the Secretary of Defense and the Under Secretary of Defense for Research and Engineering.

(d)

Initial report

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report that identifies any barriers that prevent the full use and implementation of current authorities and responsibilities and such other authorities as are determined to be relevant by the Secretary of Defense, including any barriers presented by the policies, authorities, and activities of—

(1)

organizations and elements of the Department of Defense; and

(2)

organizations outside the Department.

(e)

Final report

Not later than October 30, 2020, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees—

(1)

the master plan developed under subsection (a); and

(2)

a report on the activities carried out under this section.

232.

Master plan for infrastructure required to support research, development, test, and evaluation missions

(a)

Plan required

The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a master plan that addresses the research, development, test, and evaluation infrastructure and modernization requirements of the Department of Defense, including the science and technology reinvention laboratories and the facilities of the Major Range and Test Facility Base.

(b)

Earthquake-Damaged infrastructure restoration master plan

(1)

In general

In the case of any base damaged by the July 2019 earthquakes within the R–2508 Special Use Airspace Complex (including U.S. Air Force Plant 42), the Secretary of Defense shall complete and submit to the congressional defense committees the master plan required by subsection (a), by not later than October 1, 2019. If additional funding is required to repair or improve the installations’ research, development, test, evaluation, training, and related infrastructure to a modern standard as a result of damage caused by the earthquakes, the request for funding shall be made in either a disaster or supplemental appropriations request to Congress or the Secretary of Defense shall include the request for funding in the annual budget submission of the President under section 1105(a) of title 31, United States Code, whichever comes first. The request for additional funding may be included in both requests if appropriate.

(2)

Policy of the United States

(A)

Sense of Congress

It is the sense of Congress that—

(i)

the military installations located within the R–2508 Special Use Airspace Complex, including Edwards Air Force Base, Fort Irwin, and Naval Air Weapons Station China Lake, are national assets of critical importance to our country's defense system;

(ii)

the R–2508 Special Use Airspace Complex is comprised of all airspace and associated land used and managed by the 412 Test Wing at Edwards Air Force Base, the National Training Center at Fort Irwin, and the Naval Air Warfare Center Weapons Division at China Lake, California;

(iii)

the essential research, development, test, and evaluation missions conducted at Edwards Air Force Base and Naval Air Weapons Station China Lake, along with the critical combat preparation training conducted at Fort Irwin, make these installations vital cornerstones within our National Defense architecture integrating all operational domains, air, land, sea, space, and cyberspace;

(iv)

any damage to these military installations caused by the earthquakes and the negative impact on the installations’ missions as a result are a cause for concern;

(v)

the proud men and women, both in uniform and their civilian counterparts, who work at these military installations develop, test, and evaluate the best tools and impart the training needed for our warfighters, so that our military remains second to none;

(vi)

in light of the earthquakes in July 2019, the Secretary of Defense should reprogram or marshal, to the fullest extent the law allows, all available resources that are necessary and appropriate to ensure—

(I)

the safety and security of the base employees, both civilian and those in uniform, including those who have been evacuated;

(II)

the bases are mission capable; and

(III)

that all the damage caused by any earthquake is repaired and improved as expeditiously as possible.

(B)

Policy

It is the policy of the United States, when planning or making repairs on military installations damaged by natural disasters, the current and future requirements of these military installations, as identified in the National Defense Strategy, shall, to the fullest extent practical, be made.

(c)

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, real property exchanges; and

(G)

any other authorities and methods determined to be appropriate by the Secretary of Defense.

(6)

An updated description of real property asset military construction needs at MRTFBs compared to those reported by the Department of Defense in response to House Report 114–102, to accompany H.R. 1735, the National Defense Authorization Act of Fiscal Year 2016.

(7)

An assessment of the Department of Defense Test and Resource Management Center's ability to support testing for future warfare needs at MRTFBs, including those identified in the Department of Defense 2018 National Defense Strategy.

(8)

Identification of any statutory, regulatory, or policy barriers to implementing the master plan and regulatory, policy, or legislative proposals to address such barriers.

(d)

Consultation and use of contract authority

In implementing the plan required under subsection (a), the Secretary of Defense shall—

(1)

consult with existing and anticipated users of the Major Range and Test Facility Base; and

(2)

consider using the contract authority provided to the Secretary under section 2681 of title 10, United States Code.

(e)

Submission to Congress

Not later than October 30, 2020, the Secretary of Defense shall submit to the congressional defense committees the master plan developed under subsection (a).

(f)

Research and development 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);

(3)

other facilities that support the research development, test, and evaluation activities of the Department; and

(4)

the United States Naval Observatory (as described in section 8715 of title 10, United States Code).

233.

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.

(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 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.

(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)

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)

Briefing

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under subsection (a).

234.

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, shall designate a single official or existing entity within the Department of Defense as the official or entity (as the case may be) with principal responsibility for guiding the direction of research and development of next generation software and software intensive systems for the Department, including the research and development of—

(1)

new technologies for the creation of highly secure, reliable, and mission-critical software; and

(2)

new approaches to software development, data-based analytics, and next generation management tools.

(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 intensive systems for the Department of Defense, including strategies for—

(1)

types of software innovation efforts within the science and technology portfolio of the Department;

(2)

investment in new approaches to software development, data-based analytics, 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;

(4)

to the extent practicable, implementing 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); and

(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);

(5)

supporting the acquisition, technology development, and test and operational needs of the Department through the development of capabilities, including personnel and infrastructure, and programs in—

(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); and

(C)

the Defense Advanced Research Projects Agency; and

(6)

the transition of relevant capabilities and technologies to information technology programs of the Department, including software intensive 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).

235.

Artificial intelligence education strategy

(a)

Strategy required

(1)

In general

The Secretary of Defense shall develop a strategy for educating service members 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 service members 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

(1)

In general

The Secretary of Defense shall develop a plan for implementing the strategy developed under subsection (a).

(2)

Elements

The implementation plan required under paragraph (1) shall identify the following:

(A)

The military occupational specialties (applicable to enlisted members and officers) that are most likely to involve interaction with artificial intelligence technology.

(B)

The specific occupational specialties that will receive training in accordance with the curriculum described in subsection (a)(2).

(C)

The duration of the training.

(D)

The context in which the training will be provided, which may include basic training, occupationally specific training, and professional military education.

(E)

Metrics for evaluating the effectiveness of the training and curriculum.

(F)

Any other issues the Secretary of Defense determines to be relevant.

(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).

236.

Biannual report on the Joint Artificial Intelligence Center

(a)

Report

Not later than 90 days after the date of the enactment of this Act and biannually thereafter through the end of 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the Joint Artificial Intelligence Center (referred to in this section as the Center).

(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 any collaboration between—

(A)

the Center and the private sector 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.

(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).

237.

Quarterly updates on the Optionally Manned Fighting Vehicle program

(a)

In general

Beginning not later than October 1, 2019, and on a quarterly basis thereafter through October 1, 2025, the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, in consultation with the Commander of the Army Futures Command, shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the Optionally Manned Fighting Vehicle program of the Army.

(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)

A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

(4)

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.

238.

Grants for civics education programs

(a)

In general

The Secretary of Defense shall carry out a program under which the Secretary makes grants to eligible entities, on a competitive basis, to support the development and evaluation of civics education programs.

(b)

Application

To be eligible to receive a grant under this section an eligible entity shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. Applications submitted under this subsection shall be evaluated on the basis of merit pursuant to competitive procedures prescribed by the Secretary of Defense.

(c)

Selection criteria

To be selected to receive a grant under this section an eligible entity shall demonstrate each of the following to the satisfaction of the Secretary:

(1)

The civics education program proposed by the entity will include innovative approaches for improving civics education.

(2)

The entity will dedicate sufficient resources to the program.

(3)

As part of the program, the entity will conduct evaluations in accordance with subsection (f)(1)(B).

(4)

The entity will carry out activities to disseminate the results of the evaluations described in such subsection, including publication of the results in peer-reviewed academic journals.

(d)

Geographic distribution

To the extent practicable, the Secretary of Defense shall ensure an equitable geographic distribution of grants under this section.

(e)

Consultation

In awarding grants under this section, the Secretary of Defense shall consult with the Secretary of Education.

(f)

Uses of funds

(1)

Required uses of funds

An eligible entity that receives a grant under this section shall use such grant—

(A)

to establish a civics education program or to improve an existing civics education program; and

(B)

to evaluate the effect of the program on participants, including with respect to—

(i)

critical thinking and media literacy;

(ii)

voting and other forms of political and civic engagement;

(iii)

interest in employment, and careers, in public service;

(iv)

understanding of United States law, history, and Government; and

(v)

the ability of participants to collaborate and compromise with others to solve problems.

(2)

Allowable uses of funds

An eligible entity that receives a grant under this section may use such grant for—

(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.

(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 a Department of Defense domestic dependent elementary or secondary school (as described in section 2164 of title 10, United States Code).

239.

Technology and national security fellowship

(a)

Fellowship program

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may establish a civilian fellowship program designed to place eligible individuals within the Department of Defense to increase the number of national security professionals with science, technology, engineering, and mathematics credentials employed by the Department.

(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)

Employment

Fellows will be assigned to a one year tour of duty within the Department of Defense.

(4)

Pay and benefits

An individual assigned to a position under the fellows program shall be compensated at the rate of compensation for employees at level GS–10 of the General Schedule, and shall be treated as an employee of the United States during the term of assignment.

(b)

Eligible individuals

For purposes of this section, and subject to subsection (f)(3), an eligible individual is any individual who—

(1)

is a citizen of the United States; and

(2)

either—

(A)

expects to be awarded an associate, undergraduate, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work not later than 180 days after the date on which the individual submits an application for participation in the fellows program; or

(B)

possesses an associate, undergraduate, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work that was awarded not earlier than one year before the date on which the individual submits an application for participation in the fellows program.

(c)

Application required

Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify.

(d)

Coordination

(1)

In general

In carrying out this section, the Secretary may consider coordinating or partnering with the entities specified in paragraph (2).

(2)

Entities specified

The entities specified in this paragraph are the following:

(A)

The National Security Innovation Network.

(B)

Universities affiliated with Hacking for Defense.

(f)

Modifications to fellows program

As the Secretary considers necessary to modify the fellows program, and in coordination with the entities specified in subsection (d)(2), as the Secretary considers appropriate, the Secretary may—

(1)

determine the length of a fellowship term;

(2)

establish the rate of compensation for an individual selected to participate in the fellows program; and

(3)

change the eligibility requirements for participation in the fellows program, including who is considered an eligible individual for purposes of the fellows program.

(g)

Consultation

The Secretary may consult with the heads of the agencies, components, and other elements of the Department of Defense and such institutions of higher education and private entities engaged in work on national security and emerging technologies as the Secretary considers appropriate for purposes of the fellows program, including fellowship assignments.

240.

National Security Commission on Defense Research at Historically Black Colleges and Universities and Other Minority Institutions

(a)

Establishment

(1)

In general

There is established in the executive branch an independent Commission to review the state of defense research at covered institutions.

(2)

Treatment

The Commission shall be considered an independent establishment of the Federal Government as defined by section 104 of title 5, United States Code, and a temporary organization under section 3161 of such title.

(3)

Designation

The Commission established under paragraph (1) shall be known as the National Security Commission on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions.

(4)

Membership

(A)

Composition

The Commission shall be composed of 11 members appointed as follows:

(i)

The Secretary of Defense shall appoint 2 members.

(ii)

The Secretary of Education shall appoint 1 member.

(iii)

The Chairman of the Committee on Armed Services of the Senate shall appoint 1 member.

(iv)

The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.

(v)

The Chairman of the Committee on Armed Services of the House of Representatives shall appoint 1 member.

(vi)

The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.

(vii)

The Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.

(viii)

The Ranking Member of the Committee on Health, Education, Labor, and Pensions of the Senate shall appoint 1 member.

(ix)

The Chairman of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.

(x)

The Ranking Member of the Committee on Education and Labor of the House of Representatives shall appoint 1 member.

(B)

Deadline for appointment

Members shall be appointed to the Commission under subparagraph (A) not later than 90 days after the date on which the commission is established.

(C)

Effect of lack of appointment by appointment date

If one or more appointments under subparagraph (A) is not made by the appointment date specified in subparagraph (B), or if a position described in subparagraph (A) is vacant for more than 90 days, the authority to make such appointment shall transfer to the Chair of the Commission.

(5)

Chair and vice chair

The Commission shall elect a Chair and Vice Chair from among its members.

(6)

Terms

Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made.

(7)

Status as federal employees

Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, the members of the Commission shall be deemed to be Federal employees.

(b)

Duties

(1)

In general

The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider the methods and means necessary to advance research capacity at covered institutions to comprehensively address the national security and defense needs of the United States.

(2)

Scope of the review

In conducting the review under paragraph (1), the Commission shall consider the following:

(A)

The competitiveness of covered institutions in developing, pursuing, capturing, and executing defense research with the Department of Defense through contracts and grants.

(B)

Means and methods for advancing the capacity of covered institutions to conduct research related to national security and defense.

(C)

The advancements and investments necessary to elevate covered institutions to R2 status on the Carnegie Classification of Institutions of Higher Education, covered institutions to R1 status on the Carnegie Classification of Institutions of Higher Education, one covered institution or a consortium of multiple covered institutions to the capability of a University Affiliated Research Center, and identify the candidate institutions for each category.

(D)

The facilities and infrastructure for defense-related research at covered institutions as compared to the facilities and infrastructure at universities classified as R1 status on the Carnegie Classification of Institutions of Higher Education.

(E)

Incentives to attract, recruit, and retain leading research faculty to covered institutions.

(F)

The legal and organizational structure of the contracting entity of covered institutions as compared to the legal and organizational structure of the contracting entity of covered institutions at universities classified as R1 status on the Carnegie Classification of Institutions of Higher Education.

(G)

The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research.

(H)

The amount of defense research funding awarded to all colleges and universities through contracts and grants for the fiscal years of 2010 through 2019, including—

(i)

the legal mechanism under which the organization was formed;

(ii)

the total value of contracts and grants awarded to the organization during fiscal years 2010 to 2019;

(iii)

the overhead rate of the organization for fiscal year 2019;

(iv)

the Carnegie Classification of Institutions of Higher Education of the associated university or college;

(v)

if the associated university or college qualifies as a historically Black college or university or a minority institution.

(I)

Areas for improvement in the programs executed under section 2362 of title 10, United States Code, the existing authorization to enhance defense-related research and education at covered institutions.

(J)

Previous executive or legislative actions by the Federal Government to address the imbalance in federal research funding, such as the Established Program to Stimulate Competitive Research (commonly known as EPSCoR).

(K)

The effectiveness of the Department of Defense in attracting and retaining students specializing in STEM from covered institutions for the Department’s programs on emerging capabilities and technologies.

(L)

Any other matters the Commission deems relevant to the advancing the defense research capacity of covered institutions.

(c)

Reports

(1)

Initial report

Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the President and Congress an initial report on the findings of the Commission and such recommendations that the Commission may have for action by the executive branch and Congress related to the covered institutions participating in Department of Defense research and actions necessary to expand their research capacity.

(2)

Final report

Prior to the date on which the commission terminates under subsection (d), the Commission shall submit to the President and Congress a comprehensive report on the results of the review required under subsection (b).

(3)

Form of reports

Reports submitted under this subsection shall be made publically available.

(d)

List of covered institutions

The Commission, in consultation with the Secretary of Education and the Secretary of Defense, shall make available a list identifying each covered institution. The list shall be made available on a publicly accessible website of the Department of Defense and the Department of Education and shall be updated not less frequently than once annually during the life of the Commission.

(e)

Termination

The Commission shall terminate on December 31, 2021.

(f)

Covered institution defined

In this section, the term covered institution means—

(1)

a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or

(2)

any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.

241.

Increase in funding for basic operational medical research science

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, basic research, basic operational medical research science, line 004 (PE 0601117E) is hereby increased by $5,000,000 (with the amount of such increase to be made available for partnering with universities to research brain injuries).

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command management/operational headquarters, line 080 is hereby reduced by $5,000,000.

242.

Increase in funding for university research initiatives

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research, university research initiatives, line 003 (PE 0601103A) is hereby increased by $5,000,000 (with the amount of such increase to be made available for studying ways to increase the longevity and resilience of infrastructure on military bases).

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command management/operational headquarters, line 080 is hereby reduced by $5,000,000.

243.

Quantum Information Science Innovation Center

(a)

Establishment

The Secretary of Defense, in consultation with the Secretary of the Air Force, shall establish a Quantum Information Science Innovation Center to accelerate the research and development of quantum information sciences by the Air Force.

(b)

Purposes

The purposes of the Quantum Information Science Innovation Center shall be to—

(1)

provide an environment where researchers from the Air Force, Government, industry, and academia can collaborate to solve difficult problems using quantum information technology;

(2)

accelerate the research and development of new computing technologies, including quantum information sciences; and

(3)

stimulate research and development of quantum information sciences technologies by building upon the quantum information technology developed at the Air Force Research Laboratory Information Directorate, including secure communication networks and advanced computing technology.

(c)

Funding

(1)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, applied research, dominant information sciences and methods, line 014 is hereby increased by $10,000,000 (to be made available for the establishment of the Quantum Information Science Innovation Center under subsection (a)).

(2)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Operational Support, line 090 is hereby reduced by $10,000,000.

244.

Increase in funding for Naval University Research Initiatives

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Navy, basic research, University Research Initiatives, Line 001 (PE 0601103N) is hereby increased by $5,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.

245.

Increase in funding for university and industry research centers

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Army, basic research for university and industry research centers, line 004 (PE 0601104A) is hereby increased by $5,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Air Force, operational systems development, AF integrated personnel and pay system (AF-IPPS), line 158 (PE 0605018F) is hereby reduced by $5,000,000.

246.

Increase in funding for national security innovation capital

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, for Defense Innovation Unit (DIU) Prototyping is hereby increased by $75,000,000 (to be used in support of national security innovation capital).

(b)

Offset

Not withstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, advanced component development and prototypes, advanced innovative technologies, line 096 (PE 0604250D8Z) is hereby reduced by $75,000,000.

247.

Increase in funding for Air Force University Research Initiatives

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Air Force, basic research, University Research Initiatives, line 002 (PE 0601103F) is hereby increased by $5,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.

248.

Increase in funding for Naval University Research Initiatives

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for Navy basic research, University Research Initiatives, line 001 (PE 0601103N) is hereby increased by $5,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, operating forces, Special Operations Command Theater Forces, line 100 is hereby reduced by $5,000,000.

249.

Study and report on lab-embedded entrepreneurial fellowship program

(a)

Study

The Under Secretary of Defense for Research and Engineering, in consultation with the Director of the Advanced Manufacturing Office of the Department of Energy, shall conduct a study on the feasibility and potential benefits of establishing a lab-embedded entrepreneurial fellowship program.

(b)

Elements

The study under subsection (a) shall include, with respect to a lab-embedded entrepreneurial fellowship program, the following:

(1)

An estimate of administrative and programmatic costs and materials, including appropriate levels of living stipends and health insurance to attract a competitive pool of applicants.

(2)

An assessment of capacity for entrepreneurial fellows to use laboratory facilities and equipment.

(3)

An assessment of the benefits for participants in the program through access to mentorship, education, and networking and exposure to leaders from academia, industry, government, and finance.

(4)

Assessment of the benefits for the Department of Defense science and technology activities through partnerships and exchanges with program fellows.

(5)

An estimate of the economic benefits created by the implementation of this program, based in part on similar entrepreneurial programs.

(c)

Consultation

In conducting the study under subsection (a), the Under Secretary of Defense for Research and Engineering shall consult with the following, as necessary:

(1)

The Director of the Defense Advanced Research Projects Agency.

(2)

The Director of Research for each military service.

(3)

Relevant research facilities, including the Department of Energy National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).

(d)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the designated recipients a report on the results of the study conducted under subsection (a). At minimum, the report shall include an explanation of the results of the study with respect to each element set forth in subsection (b).

(2)

Nonduplication of efforts

The Under Secretary of Defense for Research and Engineering may use or add to any existing reports completed by the Department in order to meet the reporting requirement under paragraph (1).

(3)

Form of report

The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

(e)

Definitions

In this section:

(1)

The term designated recipients means the following:

(A)

The Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives.

(B)

The Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Appropriations of the Senate.

(C)

The Secretary of Defense.

(D)

The Secretary of Energy.

(2)

The term lab-embedded entrepreneurial fellowship program means a competitive, two-year program in which participants (to be known as fellows) are selected from a pool of applicants to work in a Federal research facility where the fellows will conduct research, development, and demonstration activities, commercialize technology, and train to be entrepreneurs.

250.

Independent study on threats to United States national security from development of hypersonic weapons by foreign nations

(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 development of hypersonic weapons capabilities by foreign nations and the threat posed by such capabilities to United States territory, forces and overseas bases, and allies.

(b)

Elements of study

The study required under subsection (a) shall—

(1)

describe the hypersonic weapons capabilities in development in the People’s Republic of China, the Russian Federation, and other nations;

(2)

assess the proliferation risk that nations that develop hypersonic weapons capabilities might transfer this technology to other nations;

(3)

attempt to describe the rationale for why each nation that is developing hypersonic weapons capabilities is undertaking such development; and

(4)

examine the unique threats created to United States national security by hypersonic weapons due to both their maneuverability and speed, distinguishing between hypersonic glide vehicles delivered by rocket boosters (known as boost-glide systems) and hypersonic cruise missiles, and further distinguishing between longer-range systems that can reach United States territory and shorter or medium range systems that might be used in a regional conflict.

(c)

Submission to Department of Defense

Not later than 270 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 any comments of the Secretary with respect to the report.

251.

Report on innovation investments and management

(a)

Report required

Not later than December 31, 2019, the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the efforts of the Department of Defense to improve innovation investments and management.

(b)

Elements

The report required under subsection (a) shall include an explanation of each of the following:

(1)

How incremental and disruptive innovation investments for each military department are defined.

(2)

How such investments are assessed.

(3)

Whether the Under Secretary has defined a science and technology management framework that—

(A)

emphasizes greater use of existing flexible approaches to more quickly initiate and discontinue projects to respond to the rapid pace of innovation;

(B)

incorporates acquisition stakeholders into technology development programs to ensure that they are relevant to customers; and

(C)

promotes advanced prototyping of disruptive technologies within the labs so that the science and technology community can prove that these technologies work to generate demand from future acquisition programs.

252.

Requirement for annual report summarizing the operational test and evaluation activities of the Department of Defense

Section 139(h)(2) of title 10, United States Code, is amended by striking , through January 31, 2021.

253.

Increase in funding for Army University Research Initiatives

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for Army basic research, University Research Initiatives, Line 003 (PE 0601103A ) is hereby increased by $5,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Army, system development and demonstration, integrated personnel and pay system-Army (IPPS-A), Line 143 (PE 0605018A), is hereby reduced by $5,000,000.

254.

Funding for anti-tamper heterogenous integrated microelectronics

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, advanced technology development, defense-wide manufacturing science and technology program, line 047 (PE 0603680D8Z) is hereby increased by $5,000,000 (with the amount of such increase to be made available for anti-tamper heterogeneous integrated microelectronics).

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Army, elect equip-automation, general fund enterprise business systems fam, line 114 is hereby reduced by $5,000,000.

255.

Briefing on use of blockchain technology for defense purposes

(a)

Briefing required

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall provide to the congressional defense committees a briefing on the potential use of distributed ledger technology for defense purposes.

(b)

Elements

The briefing under subsection (a) shall include the following:

(1)

An explanation of how distributed ledger technology may be used by the Department of Defense to—

(A)

improve cybersecurity, beginning at the hardware level, of vulnerable assets such as energy, water and transport grids, through distributed versus centralized computing;

(B)

reduce single points of failure in emergency and catastrophe decision-making by subjecting the decision to consensus validation through distributed ledger technologies;

(C)

improve the efficiency of defense logistics and supply chain operations;

(D)

enhance the transparency of procurement auditing; and

(E)

allow innovations to be adapted by the private sector for ancillary uses.

(2)

Such other information as the Under Secretary of Defense for Research and Engineering determines to be appropriate.

256.

Efforts to counter manipulated media content

(a)

Briefing required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on initiatives of the Department of Defense to identify and address, as appropriate and as authorized in support of Department of Defense operations, manipulated media content, specifically deepfakes.

(2)

Elements

The briefing required by paragraph (1) shall include the following:

(A)

Status of efforts to develop technology to identify manipulated content impacting the national security of the United States.

(B)

Challenges to detecting, labeling, and preventing foreign actors’ manipulation of images and video impacting national security.

(C)

Plans to make deepfake detection technology available to the public and other Federal agencies for use in identifying manipulated media.

(D)

The efforts of the Department of Defense, as appropriate, 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.

(E)

An assessment of the ability of adversaries to generate deepfakes.

(F)

Recommendations for a long-term transition partner organization.

(b)

Funding

(1)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for research, development, test, and evaluation, Defense-wide, applied research, SOF technology development, line 022 (PE 1160401BB) is hereby increased by $5,000,000 (with the amount of such increase to be made available for Media Forensics).

(2)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201 for research, development, test, and evaluation, Air Force, operational systems development, AF integrated personnel and pay system (AF-IPPS), line 158 (PE 0605018F) is hereby reduced by $5,000,000.

(c)

Rule of construction

Nothing in this section shall be construed to authorize an activity that will impact the privacy or civil liberties of United States persons.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Authorization of appropriations

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

302.

Funding for Army Community Services

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance for Army base operations support, line 100, as specified in the corresponding funding table in section 4301, for Army Community Services is hereby increased by $30,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Force Readiness Operations Support, line 070, as specified in the corresponding funding table in section 4301, is hereby reduced by $15,000,000.

(c)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, for Army Land Forces Operations Support, as specified in the corresponding funding table in section 4301, line 050, is hereby reduced by $15,000,000.

303.

Increase in funding for civil military programs

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Civil Military Programs is hereby increased by $50,000,000 (to be used in support of the National Guard Youth Challenge Program).

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated for operation and maintenance, Defense-wide, as specified in the corresponding funding table in section 4301, for Operation and Maintenance, Defense-wide is hereby reduced by $50,000,000.

B

Energy and Environment

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 90 days.

312.

Authority to make final finding on designation of geographic areas of concern for purposes of energy projects with adverse impacts on military operations and readiness

Section 183a(d)(2)(E) of title 10, United States Code, is amended—

(1)

by striking or a Principal and inserting a; and

(2)

by inserting , an Assistant Secretary of Defense, or a Deputy Assistant Secretary of Defense after Deputy Under Secretary of Defense.

313.

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.

314.

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.

.

315.

Five-year authority for National Guard environmental restoration projects for environmental responses

(a)

In general

Section 2707 of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)

Temporary authority for National Guard projects

Notwithstanding subsection (a) of this section and section 2701(c)(1) of this title, during the five-year period beginning on the date of the enactment of this subsection, the Secretary concerned may carry out an environmental restoration project if the Secretary determines that the project is necessary to carry out a response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.

.

(b)

Savings clause

Nothing in this section, or the amendment made by this section, shall affect any requirement or authority under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

316.

Sale of electricity from alternate energy and cogeneration production facilities

Section 2916(b)(3) of title 10, United States Code, is amended—

(1)

in subparagraph (A), by striking and at the end; and

(2)

in subparagraph (B)—

(A)

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

(B)

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.

.

317.

Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry

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.

318.

Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent

(a)

Use of fluorine-Free foam at military installations

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 to ensure such agent is available for use by not later than December 31, 2024.

(b)

Prohibition on use

Fluorinated aqueous film-forming foam may not be used at any military installation on or after September 30, 2025, or before such date, if possible.

(c)

Waiver

(1)

In general

Subject to paragraph (2), the Secretary of Defense may grant a waiver to the prohibition under subsection (b) with respect to the use of fluorinated aqueous film-forming foam at a specific military installation if the Secretary submits to the congressional defense committees, by not later than 30 days prior to issuing the waiver—

(A)

notice of the waiver; and

(B)

certification, in writing, that the waiver is necessary for the protection of life and safety.

(2)

Basis for waiver

Any certification submitted under paragraph (1)(B) shall document the basis for the waiver and, at a minimum, shall include the following:

(A)

A detailed description of the threat justifying the waiver and a description of the imminence, urgency, and severity of such threat.

(B)

An analysis of potential populations impacted by continued use of fluorinated aqueous film forming foam and why the waiver outweighs the impact to such populations.

(C)

An analysis of potential economic effects, including with respect to agriculture, livestock, and water systems of continued use of fluorinated aqueous film forming foam and why the waiver outweighs such effects.

(3)

Limitation

A waiver under this subsection shall apply for a period that does not exceed one year. The Secretary may extend any such waiver once for an additional period that does not exceed one year.

319.

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.

320.

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.

321.

Real-time noise-monitoring study at Navy and Air Force installations where tactical fighter aircraft operate

(a)

Real-Time monitoring

The Secretary of the Navy and the Secretary of the Air Force shall each conduct a real-time noise-monitoring study at no fewer than three Navy installations and three Air Force installations. In conducting such study, the Secretaries shall—

(1)

select installations where tactical fighter aircraft operate and noise contours have been developed through noise modeling to validate the noise contours developed through analysis and modeling at those installations; and

(2)

ensure that such monitoring is conducted during times of high, medium, and low activity.

(b)

Report required

Not later than December 1, 2020, the Secretary of the Navy and the Secretary of the Air Force shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives a report on the real-time noise monitoring required under subsection (a). Such report shall include—

(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 Secretaries determine appropriate.

322.

Development of climate vulnerability and risk assessment tool

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a climate vulnerability and risk assessment tool to assist the military departments in measuring how the risks associated with climate change impact networks, systems, installations, facilities, and other assets, as well as the operational plans and capabilities of the Department of Defense.

(b)

Consultation

In developing the tool under subsection (a), the Secretary shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate.

(c)

Prevailing scientific consensus

Before completing development of the tool under subsection (a), the Secretary shall obtain from a federally funded research and development center with which the Secretary has consulted under subsection (b) a certification in writing that the tool contains a methodology that adequately incorporates the prevailing scientific consensus on climate change.

(d)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report describing the tool developed under subsection (a).

(2)

Classified annex

The report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.

(3)

Publication

Upon submittal of the report under paragraph (1), the Secretary shall publish the unclassified portion of the report on an internet website of the Department that is available to the public.

(e)

Updates to tool

(1)

In general

After submittal of the report under subsection (d), the Secretary of Defense shall update the climate vulnerability and risk assessment tool developed under subsection (a) on an annual basis, in consultation with the individuals and entities described in subsection (b) and consistent with the prevailing scientific consensus as required under subsection (c).

(2)

Report and publication

Upon completing an update to the tool under paragraph (1), the Secretary shall—

(A)

submit to the congressional defense committees a report describing such update; and

(B)

publish the unclassified version of such report on an internet website of the Department that is available to the public.

323.

Provision of uncontaminated water for agricultural use on land contaminated by PFOS and PFOA used on military installations

(a)

Findings

Congress makes the following findings:

(1)

Perfluorooctanesulfonic acid (in this section referred to as PFOS) and perfluorooctanoic acid (in this section referred to as PFOA) are part of a class of man-made chemicals that have been used in a variety of industrial and consumer products to make the products resist heat, stains, water, and grease. Because PFOS and PFOA extinguish petroleum fires quickly, the Department of Defense and commercial airports began using aqueous film forming foam containing PFOS and PFOA in the 1970s.

(2)

PFOS and PFOA can accumulate and stay in the body for long periods of time. Exposure to PFOS and PFOA may cause health problems, including issues with the reproductive system, liver and kidney damage, developmental issues in children, and negatively impacted immune system, and cancer.

(3)

A common method of human exposure to PFOS and PFOA is by consuming contaminated drinking water.

(4)

The Environmental Protection Agency issued lifetime health advisories under the Safe Drinking Water Act for individual or combined PFOS and PFOA concentrations at 70 parts per trillion in 2016, but has not yet issued any guidance or regulation for groundwater or agricultural water.

(5)

The Department of Defense has provided mitigations in many communities where drinking water has tested at or above the lifetime health advisory level, including bottled water and drinking water filtration systems. Due to the lack of regulatory guidance, these mitigations have not been mirrored in agricultural water systems.

(6)

As a result, farmers located adjacent to military installations with PFOS and PFOA contamination that has migrated off-installation are potentially impacted, and in at least one case, such contamination has had a serious impact on the livelihood of a dairy farmer.

(b)

Authority to provide uncontaminated water for agricultural purposes

(1)

In general

If an area has been identified under paragraph (2), and a military installation has been determined to be the source of that contamination, the Secretary of Defense or the Secretary concerned may provide, for the purpose of producing agricultural products destined for human consumption—

(A)

water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances, including PFOA and PFOS, or

(B)

treatment of contaminated waters.

(2)

Identification of areas

An area identified under this paragraph is an area for which the level of PFOA or PFOS contamination—

(A)

is above the lifetime health advisory for contamination for such compounds as issued by the Environmental Protection Agency and printed in the Federal Register on May 25, 2016;

(B)

is at or above a regulatory standard set by the Food and Drug Administration for PFOA and PFOS in raw agricultural commodities and milk; or

(C)

is at or above a duly promulgated, non-discriminatory standard promulgated by a State regulatory entity for PFOA and PFOS in raw agricultural commodities and milk.

(3)

Source of funds

Amounts used to carry out this section shall be derived—

(A)

in the case of amounts made available by the Secretary concerned, from amounts authorized to be appropriated for Operation and Maintenance for the military department concerned; or

(B)

in the case of amounts made available by the Secretary of Defense, from amounts authorized to be appropriated for Operation and Maintenance, Defense-wide.

(c)

Sense of Congress regarding land acquisition

It is the sense of Congress that the Secretary concerned should explore authorities under which the Secretary could acquire land the land adjacent to military installations where the owners of the land have experienced impacts to their livelihood due to PFOS and PFOA contamination that has been verified to have been caused by that installation, including the authorities under sections 2663, 2864a, and 2869 of title 10, United States Code.

324.

Removal of barriers that discourage investments to increase resiliency to climate change

The Secretary of Defense shall—

(1)

identify and seek to remove barriers that discourage investments to increase resiliency to climate change;

(2)

reform policies and programs that unintentionally increased the vulnerability of systems to related climate change risks; and

(3)

develop, and update at least once every four years, an adaptation plan that assessed how climate impacts affected the ability of the department or agency to accomplish its mission, and the short-and long- term actions the department or agency can take to manage climate risks.

325.

Offshore energy development

(a)

Prohibition

The Secretary of Defense shall not issue an offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project filed for review by the Military Aviation and Installation Assurance Clearinghouse (in this section referred to as the Clearinghouse) until 180 days after submitting the report required under (b).

(b)

Report required

The Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit a report to the congressional defense committees on the process that will be used to by the Clearinghouse to review proposed offshore lease blocks and proposed offshore energy projects. At minimum, the report should include the following elements:

(1)

The process and metrics used in evaluating proposed offshore lease blocks or specific offshore energy projects for compatibility with, or unacceptable risk to, military operations and readiness.

(2)

The process for coordinating with the Department of Interior on assessing proposed offshore lease blocks and military operations and readiness activities that occur in those proposed lease blocks.

(3)

The process for working with the proponent of a proposed energy development to identify and evaluate possible mitigations to enable energy developments that are compatible with military operations and readiness.

(4)

Any legislative changes to section 183a of title 10, United States Code, to enable the Clearinghouse to perform its new role in reviewing proposed offshore lease blocks and offshore energy projects.

326.

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.

327.

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 includes any quality recyclable material provided to the Department by a State or local government entity.

.

328.

Climate-conscious budgeting of Department of Defense

(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, climate-related risks to 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 of climate change.

(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.

329.

Funding for detonation chambers in Vieques, Puerto Rico

(a)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for environmental restoration, Navy, line 060, as specified in the corresponding funding table in section 4301, for the purchase, deployment, and operation of a closed detonation chambers of the dimensions necessary to achieve a substantial reduction in open air burning and open air detonation that will bring the practice of open air burning and open air detonation to the lowest practicable level, is hereby increased by $10,000,000.

(b)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 4301 for Operations and Maintenance, as specified in the corresponding funding table in section 4301, line 460, Office of the Secretary of Defense for Admin & SRVWIDE Activities is hereby reduced by $10,000,000.

330.

Comptroller General report on environmental cleanup of Vieques and Culebra, Puerto Rico

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of Defense should explore all avenues and alternatives to expedite the ongoing cleanup and environmental restoration process in the former military training sites located on the island-municipalities of Vieques and Culebra, Puerto Rico;

(2)

the Department of Defense should 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; and

(3)

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.

(b)

GAO report

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall 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. The study shall 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.

(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.

330A.

PFAS designation, effluent limitations, and pretreatment standards

(a)

In general

Not later than 30 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the list of toxic pollutants described in paragraph (1) of section 307(a) of the Federal Water Pollution Control Act (33 U.S.C. 1317(a)) to add per- and polyfluoroalkyl substances to such list, and publish such revised list, without taking into account the factors listed in such paragraph.

(b)

Effluent standards

As soon as practicable after the date on which the revised list is published under subsection (a), but not later than January 1, 2022, the Administrator shall publish in the Federal Register effluent standards under section 307(a)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1317(a)(2)) for substances added to the list of toxic pollutants pursuant to subsection (a) of this section, in accordance with sections 301(b)(2)(A) and 304(b)(2) of such Act.

(c)

Pretreatment standards

Not later than January 1, 2022, the Administrator shall promulgate pretreatment standards for per- and polyfluoroalkyl substances under section 307(b) of the Federal Water Pollution Control Act (33 U.S.C. 1317(b)).

330B.

Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging

(a)

Prohibition

Not later than October 1, 2020, 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.

330C.

Comptroller General study on PFAS contamination

(a)

Study required

The Comptroller General of the United States shall conduct a review of the efforts of the Department of Defense to clean up per- and polyfluoroalkyl substances (in this section referred to as PFAS) contamination in and around military bases as well as the Department’s efforts to mitigate the public health impact of the contamination.

(b)

Elements

The study required by subsection (a), shall include the following:

(1)

An assessment of—

(A)

when the Department of Defense discovered that drinking water sources used by members of the Armed Forces and residents of communities surrounding military bases were contaminated with PFAS;

(B)

after learning that the drinking water was contaminated, when the Department of Defense notified members of the Armed Forces and residents of communities surrounding military bases that their drinking water is contaminated with PFAS;

(C)

after providing such notification, how much time lapsed before those affected were given alternative sources of drinking water;

(D)

the number of installations and surrounding communities currently drinking water that is contaminated with PFAS above the EPA’s advisory limit;

(E)

the amount of money the Department of Defense has spent on cleaning up PFAS contamination through the date of enactment of this Act;

(F)

the number of sites where the Department of Defense has taken action to remediate PFAS contamination or other materials as a result of the use of firefighting foam on military bases;

(G)

factors that might limit or prevent the Department of Defense from remediating PFAS contamination or other materials as a result of the use of firefighting foam on military bases;

(H)

the estimated total cost of clean-up of PFAS;

(I)

the cost to the Department of Defense to discontinue the use of PFAS in firefighting foam and to develop and procure viable replacements that meet military specifications; and

(J)

the number of members of the Armed Forces who have been exposed to PFAS in their drinking water above the EPA’s Health Advisory levels during their military service.

(2)

An evaluation of what the Department of Defense could have done better to mitigate the release of PFAS contamination into the environment and expose service members.

(3)

Any other elements the Comptroller General may deem necessary.

(c)

Results

(1)

Interim briefing

Not later than 1 year after the date of the enactment of this Act, 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 of the study required by this section.

(2)

Final results

The Comptroller General shall provide the final results of the study required by this section 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 at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of briefing under paragraph (1).

330D.

Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam

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 are disposed—

(1)

all incineration is conducted in a manner that eliminates PFAS while also ensuring that no PFAS is emitted into the air;

(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)

no incineration is conducted at any facility that violated the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.) during the 12-month period preceding the date of disposal.

330E.

Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl substances for land-based applications of firefighting foam

(a)

Limitation

After October 1, 2022, no amount authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to procure firefighting foam that contains in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances.

(b)

Prohibition on use of existing stocks

Not later than October 1, 2023, the Secretary of Defense shall cease the use of firefighting foam containing in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances;

(c)

Exemption for shipboard use

Subsections (a) and (b) shall not apply to firefighting foam for use solely onboard ocean-going vessels.

(d)

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).

330F.

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)

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.

(c)

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.

330G.

Detection of perfluorinated compounds

(a)

Performance standard for the detection of perfluorinated compounds

(1)

In General

The Director of the United States Geologic Survey shall establish a performance standard for the detection of perfluorinated compounds.

(2)

Emphasis

(A)

In general

In developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many perfluorinated compounds present in the environment as possible using analytical methods that are as sensitive as is feasible and practicable.

(B)

Requirement

In developing the performance standard under subsection (a), the Director may—

(i)

develop quality assurance and quality control measures to ensure accurate sampling and testing;

(ii)

develop a training program with respect to the appropriate method of sample collection and analysis of perfluorinated compounds; and

(iii)

coordinate as necessary with the Administrator to develop methods to detect individual and different perfluorinated compounds simultaneously.

(b)

Nationwide sampling

(1)

In General

The Director shall carry out a nationwide sampling to determine the concentration of perfluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under subsection (a)(1).

(2)

Requirements

In carrying out the sampling under paragraph (1), the Director shall—

(A)

first carry out the sampling at sources of drinking water near locations with known or suspected releases of perfluorinated compounds;

(B)

when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to any treatment of the water;

(C)

survey for ecological exposure to perfluorinated compounds, with a priority in determining direct human exposure through drinking water; and

(D)

consult with—

(i)

States to determine areas that are a priority for sampling; and

(ii)

the Administrator—

(I)

to enhance coverage of the sampling; and

(II)

to avoid unnecessary duplication.

(3)

Report

Not later than 150 days after the completion of the sampling under paragraph (1), the Director shall prepare a report describing the results of the sampling and submit the report to—

(A)

the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;

(B)

the Committee on Natural Resources and the Committee on Energy and Commerce of the House of Representatives;

(C)

the Senators of each State in which the Director carried out the sampling; and

(D)

each Member of the House of Representatives that represents a district in which the Director carried out the sampling.

(c)

Data usage

(1)

In General

The Director shall provide the sampling data collected under subsection (b) to—

(A)

the Administrator of the Environmental Protection Agency; and

(B)

other Federal and State regulatory agencies on request.

(2)

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.

(d)

Collaboration

In carrying out this section, the Director shall collaborate with—

(1)

appropriate Federal and State regulators;

(2)

institutions of higher education;

(3)

research institutions; and

(4)

other expert stakeholders.

(e)

Authority for transfer of funds

Of the funds authorized to be appropriated by section 301, the Secretary of Defense may, without regard to section 2215 of title 10, United States Code, transfer not more than $5,000,000 to the Secretary of the Interior to carry out nationwide sampling under this section. Any funds transferred under this section may not be used for any other purpose, except those specified under this section.

(f)

Funding

(1)

Increase

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301, as specified in the corresponding funding table in section 4301, Total Operation and Maintenance, Defense-Wide, Line 080, for the Detection of Perfluorinated Compounds is hereby increased by $5,000,000.

(2)

Offset

Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for Procurement of Wheeled and Tracked Combat Vehicles, Army, as specified in the corresponding funding table in section 4101, for Bradley Program (Mod) is hereby reduced by $5,000,000.

(g)

Definitions

In this section:

(1)

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

The term Director means the Director of the United States Geological Survey.

(3)

The term perfluorinated compound means a perfluoroalkyl substance or a polyfluoroalkyl substance that is manmade with at least 1 fully fluorinated carbon atom.

(4)

The term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.

(5)

The term nonfluorinated carbon atom means a carbon atom on which no hydrogen substituents have been replaced by fluorine.

(6)

The term partially fluorinated carbon atom means a carbon atom on which some, but not all, of the hydrogen substituents have been replaced by fluorine.

(7)

The term perfluoroalkyl substance means a manmade chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(8)

The term polyfluoroalkyl substance means a manmade chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

330H.

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).

330I.

Findings, purpose, and apology

Section 2(a)(1) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) is amended 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.

330J.

Study on energy savings performance contracts

(a)

Study

The Secretary of Defense shall conduct a study on how the Secretary could enter into more energy savings performance contracts (referred to in this section as ESPCs ). In conducting the study, the Secretary shall—

(1)

identify any legislative or regulatory barriers to entering into more ESPCs; and

(2)

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.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required under subsection (a).

330K.

Reduction of Department of Defense facility water use

(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 containing plan to reduce facility water use intensity, relative to the baseline of the water consumption of the facility for fiscal year 2018. The report shall include each of the following:

(1)

Life-cycle cost-effective measures that will reduce water consumption by 2 percent annually through the end of fiscal year 2025.

(2)

Baseline development methodology for calculating a baseline of water use intensity for fiscal year 2018, defined as gallons per gross square foot per year, that will permit all future reduction goals to be measured relative to such baseline.

(3)

An identification of life-cycle cost effective water savings measures that can be implemented to achieve in Department of Defense facilities a minimum of 2 percent annual reduction in water use through 2025.

(4)

A description of any barriers to implementation of a water use reduction program.

(b)

Water use

In this section, the term water use with respect to a facility includes—

(1)

all water used at the facility that is obtained from public water systems or from natural freshwater sources such as lakes, streams, and aquifers, where the water is classified or permitted for human consumption; and

(2)

potable water used for drinking, bathing, toilet flushing, laundry, cleaning and food services, watering of landscaping, irrigation, and process applications such as cooling towers, boilers, and fire suppression systems.

330L.

Plan to phase out use of burn pits

The Secretary of Defense shall submit to Congress an implementation plan to phase out the use of the burn pits identified in the Department of Defense Open Burn Pit Report to Congress in April 2019.

330M.

Information relating to locations of burn pit use

The Secretary of Defense shall provide 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, for the purposes of augmenting the research, healthcare delivery, disability compensation, and other activities of the Secretary of Veterans Affairs.

330N.

Radium testing at certain locations of the Department of the Navy

(a)

In general

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)

Covered location defined

In this section, the term covered location means any location where the Secretary of the Navy is undertaking a project or activity funded through one of the following accounts of the Department of Defense:

(1)

Operation and Maintenance, Environmental Restoration, Navy.

(2)

Operation and Maintenance, Environmental Restoration, Formerly Used Defense Sites.

330O.

Designation as hazardous substances

Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall 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)).

C

Logistics and Sustainment

331.

Material readiness metrics and objectives

(a)

Material readiness metrics and objectives

(1)

In general

Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section:

118.

Material readiness metrics and objectives

(a)

Guidance

(1)

The Secretary of Defense shall issue and maintain guidance requiring the implementation and use of material readiness metrics to enable assessment of the readiness of armed forces to carry out the national defense strategy required by section 113 of this title.

(2)

Guidance issued pursuant to this section shall ensure that such material readiness metrics—

(A)

are based on standardized and consistent criteria; and

(B)

are applied, used, recorded, and reported in same manner by all components of the Department of Defense.

(b)

Metrics

At a minimum, the material readiness metrics required by subsection (a) shall address the material availability, operational availability, and material reliability of each major weapon system by designated mission design series, variant, or class.

(c)

Material readiness objectives

(1)

The Secretary of Defense shall establish, and annually review and revise, an objective value for each metric required by subsection (b) as a necessary component to support the review and revision of the national defense strategy required by section 113 of this title.

(2)

To the maximum extent practicable, the Secretary shall ensure that objective values established under this subsection are unclassified.

(d)

Definitions

In this section:

(1)

The term major weapons system has the meaning given the term major system under section 2302(5) of this title, except that such term does not include an acquisition program for a defense business system (as defined in section 2222(i)(1) of this title).

(2)

The term material availability means the measure of the percentage of the total inventory of a system that is operationally capable of performing an assigned mission.

(3)

The term material reliability means the probability that a covered asset will perform without failure over a specified interval.

(4)

The term operational availability means the measure of the percentage of time a covered asset is operationally capable.

.

(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. Material readiness metrics and objectives.

.

(b)

Conforming amendment

Section 2337(b)(2)(A) of title 10, United States Code, is amended—

(1)

by inserting to meet the material readiness objectives before for the weapon system; and

(2)

by inserting under section 118 of this title after weapon system.

(c)

Deadlines

(1)

Deadline for guidance

The guidance required by section 118(a) of title 10, United States Code, as added by subsection (a), shall be issued by not later than 180 days after the date of the enactment of this Act.

(2)

Deadline for establishment of material readiness objectives

The material readiness objectives required by section 118(c)(1) of title 10, United States Code, as added by subsection (a), shall be established by not later than one year after the date of the enactment of this Act.

332.

Clarification of authority regarding use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities

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.

333.

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 and the Secretary of each of the military departments will ensure business rules for the prioritization of F–35 parts across all program participants is sufficient, effective, and responsive.

(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.

334.

Report on strategic policy for prepositioned materiel and equipment

(a)

Report required

Not later than March 1, 2020, the Assistant Secretary of Defense for Sustainment, in coordination with the Joint Staff, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation plan for prepositioned materiel and equipment required by section 321(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the following:

(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.

(b)

Limitation on use of funds

Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Assistant Secretary of Defense for Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Assistant Secretary submits the report required by subsection (a).

335.

Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam

(a)

Limitation

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2020 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.

(b)

Exception

The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.

(c)

Former Ship Repair Facility in Guam

In this section, the term Former Ship Repair Facility in Guam means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

336.

Report on effects of increased automation of defense industrial base on manufacturing workforce

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the effects of the increased automation of the defense industrial base over the ten-year period beginning on the date that is 30 days after the date of the enactment of this Act. Such report shall include, for the period covered by the report—

(1)

an estimate of the number of jobs in the United States manufacturing workforce expected to be eliminated due to automation in the defense sector;

(2)

an analysis describing any new types of jobs that are expected to be established as a result of an increasingly automated process, including an estimate of the number of these types of jobs that are expected to be created;

(3)

an analysis of the potential threats to the national security of the United States that are unique to the automation of the defense industry;

(4)

a strategy to assist in providing workforce training and transition preparation for workers who may lose manufacturing jobs in the defense industry due to automation;

(5)

a description of any training necessary for workers affected by automation to more easily transition to new types of jobs within the defense manufacturing industry; and

(6)

any actions taken, or planned to be taken, by the Department of Defense to assist in worker transition.

337.

Extension of temporary installation reutilization authority for arsenals, depots and plants

(a)

Ensuring Viability of 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.

(b)

Report Required

Not later than March 1, 2020, the Secretary of the Army shall submit to the congressional defense committees a report that includes—

(1)

the results of a needs assessment conducted by the Secretary to determine the logistical, information technology, and security requirements to create an internal listing service of Army assets available for lease at Arsenal’s, depots and plants; and

(2)

information from any previous Army assessments or inventory of real property.

338.

Pilot program to train skilled technicians in critical shipbuilding skills

(a)

Establishment

The Secretary of Defense 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 required 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 pilot program required under this section shall terminate on September 30, 2025.

(d)

Briefings

(1)

Plan briefing

Not later than February 28, 2020, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the plan, cost estimate, and schedule for the pilot program required under this section.

(2)

Progress briefings

Not less frequently than annually during fiscal years 2020 and 2021, the Secretary shall brief the congressional defense committees on the progress of the Secretary in carrying out the pilot program.

D

Reports

341.

Readiness reporting

(a)

Readiness reporting system

Section 117 of title 10, United State 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.

.

342.

Extension of deadline for transition from service-specific defense readiness reporting systems

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.

343.

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 the 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.

344.

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, in coordination with the Administrator of the Environmental Protection Agency and Secretary of Defense, shall submit to the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate a report on the status of the Runit Dome in the Marshal Islands.

(b)

Matters for inclusion

The report required by subsection (a) shall include each of the following:

(1)

A detailed plan to remove the radioactive materials in the dome to a safer and more stable location, including a predicted timeline and associated costs.

(2)

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.

(3)

The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years.

(4)

An assessment on the safety of food gathered from local food sources.

(5)

An assessment of the current condition of the outer constructs of the dome.

(6)

An assessment of the current and long-term safety to local humans posed by the site.

(7)

How climate change and rising sea levels are predicted to affect the dome, including a description of projected scenarios if the dome becomes partially or fully submerged by ocean water.

(8)

A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome.

(9)

A detailed description of the physical health effects on Pacific Islanders, including residents of Hawaii, Fuji, and Samoa, of nuclear testing conducted at Runit Dome.

(10)

A detailed description of the pre- and post-nuclear test communications between the United States and the governments of the territories and nations of the Pacific Islands, including Hawaii, Fuji, and Samoa.

(c)

Form of report

The report required by subsection (a) shall be submitted in unclassified form and made publicly available.

345.

Comptroller General study of out-of-pocket costs for service dress uniforms

(a)

Review required

The Comptroller General of the United States shall conduct a study of the out-of-pocket costs to members of the Armed Forces for service dress uniforms.

(b)

Elements

The review under subsection (a) shall address each of 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 one, five, 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.

(c)

Briefing and report

(1)

Briefing

Not later than April 15, 2020, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study required under this section.

(2)

Report

Not later than September 30, 2020, the Comptroller General shall submit to the congressional defense committees a final report on the findings of such study.

346.

Inspector General audit of certain commercial depot maintenance contracts

The Inspector General of the Department of Defense shall conduct an audit of each military department and Defense Agency (as defined in section 101 of title 10, United States Code), as applicable, to determine if there has been any excess profit or cost escalation with respect to any sole-source contracts relating to commercial depot maintenance (including contracts for parts, supplies, equipment, and maintenance services).

347.

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

(a)

Findings

Congress finds the following:

(1)

There are numerous properties that were under the jurisdiction of the Department of the Army, such as former Nike missile sites, but that have been transferred to units of local government.

(2)

Many of these properties may remain polluted because of activity by the Department of Defense.

(3)

This pollution may inhibit the use of these properties for commercial or residential purposes.

(b)

Report required

The Secretary of the Army shall submit to the appropriate congressional committees a report—

(1)

specifying each covered property that may remain polluted because of activity by the Department of Defense; and

(2)

containing the Secretary’s plan to decontaminate each covered property.

(c)

Definitions

In this section:

(1)

The term appropriate congressional committees means—

(A)

the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.

(2)

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.

E

Other Matters

351.

Inclusion of over-the-horizon radars in early outreach procedures

Section 183a(c)(6) of title 10, United States Code, is amended by striking or airport surveillance radar and inserting , airport surveillance radar, or wide area surveillance over-the-horizon radar.

352.

Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities

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

353.

Expanded transfer and adoption of military animals

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;

(B)

in the first sentence, by striking adoption and inserting transfer or adoption; and

(C)

in the second sentence, by striking adoptability and inserting transferability or adoptability;

(3)

in subsection (c)(1)—

(A)

in the matter preceding subparagraph (A), by inserting transfer or before adoption;

(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;

(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;

(5)

in subsection (f)—

(A)

in the subsection heading, by striking Transfer of Retired and inserting Transportation of Retiring; and

(B)

in paragraph (1), by striking transfer and inserting transport;

(6)

in subsection (g)(3), by striking adoption of military working dogs and all that follows through the period at the end and inserting transfer of military working dogs to law enforcement agencies before the end of the dogs’ useful working lives.; and

(7)

in subsection (h)(2), by striking A horse and inserting An equid (horse, mule, or donkey).

354.

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, 2022.

355.

Defense personal property program

(a)

Advisory group

(1)

Establishment

There is established an advisory group on the defense personal property program, to be known as the Global Household Relocation Services Advisory Committee.

(2)

Membership

The advisory group shall be comprised of 15 members appointed from among individuals who represent appropriate entities as follows:

(A)

One member representing United States Transportation Command appointed by the Commander of United States Transportation Command.

(B)

A flag or general officer of the Armed Forces representing each of the Army, Navy, Air Force, Marine Corps, and Coast Guard appointed by the Vice Chief of Staff of the Army, Vice Chief of Naval Operations, Vice Chief of Staff of the Air Force, the Assistant Commandant of the Marine Corps, and Vice Commandant of the Coast Guard, respectively.

(C)

Four members representing appropriate transportation service providers, including two small business concerns, appointed by the Assistant Secretary of Defense for Sustainment.

(D)

Five members representing consumer representatives who are members of the Armed Forces or spouses of members of the Armed Forces, one of whom is appointed by the senior non-commissioned officer of each of the Army, Navy, Air Force, Marine Corps, and Coast Guard.

(3)

Meetings

The advisory group shall convene regularly to provide to the Secretary of Defense feedback on the execution of, and any recommended changes to, the global household goods contract.

(4)

Reports

(A)

Quarterly reports

Not later than 30 days after the last day of a fiscal quarter, the advisory group shall submit to the congressional defense committees a report on the activities and recommendations of the advisory group during such fiscal quarter.

(B)

Termination of report requirement

The requirement to submit a report under subparagraph (A) shall terminate on the termination date specified under paragraph (5)(A).

(5)

Termination

The advisory group shall terminate on the date that is five years after the date of the enactment of this Act.

(b)

Business case analysis

Not later than 60 days after the date of the enactment of this Act, the Commander of United States Transportation Command shall prepare a business case analysis for the proposed award of a global household goods contract for the defense personal property program.

(c)

Limitation

(1)

In general

None of the funds authorized to be appropriated in this Act for fiscal year 2020 shall be available to enter into a global household goods contract until the date that is 30 days after later of the following dates:

(A)

The date on which the Commander of United States Transportation Command provides to the congressional defense committees a briefing on—

(i)

the business case analysis required by subsection (b); and

(ii)

the proposed structure and meeting schedule for the advisory group established under subsection (a).

(B)

The date on which the Comptroller General of the United States submits to the congressional defense committees the report required by paragraph (2).

(2)

GAO report

Not later than February 15, 2020, 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—

(A)

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;

(B)

a comprehensive cost-benefit analysis; and

(C)

recommendations for changes to the strategy of the Department of Defense for the defense personal property program.

(d)

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.

356.

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.

357.

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.

358.

Pilot program on reduction of effects of military aviation noise on private residences

(a)

In general

The Secretary of Defense shall carry out a five-year pilot program under which the commander of a military installation may provide funds for the purpose of installing noise insulation on private residences impacted by military aviation noise from the installation.

(b)

Eligibility

To be eligible to receive funds under the pilot program, a recipient shall enter into an agreement with the commander to—

(1)

provide at least 50 percent of the funds required to carry out the noise insulation; and

(2)

ensure that the noise at any private residence where insulation is installed is reduced by at least 5 dB.

(c)

Use of funds

Funds provided under the pilot program shall be used for the installation of noise insulation at a residence—

(1)

located within a Department of Defense noise contour between 65 dB day-night average sound level and 75 dB day-night average sound level as validated on a National Environmental Policy Act-compliant assessment within the past three years; and

(2)

where interior noise has been measured at 45 dB day-night average sound level by the installation.

(d)

Goals and best practices

In carrying out the pilot program under this section, a commander shall use the following goals and best practices:

(1)

Minimize cost in order to maximize number of homes served.

(2)

Focus efforts on residences newly impacted by increased noise levels.

359.

Completion of Department of Defense Directive 2310.07E regarding missing persons

(a)

In general

The Secretary of Defense shall make the completion of Department of Defense Directive 2310.07E a top priority in order to improve the efficiency of locating missing persons.

(b)

Definition

In this section, the term missing person has the meaning given such term in section 1513 of title 10, United States Code.

IV

MILITARY PERSONNEL AUTHORIZATIONS

A

Active Forces

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.

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.

.

B

Reserve Forces

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.

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.

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, 13,573.

(4)

For the Air Force Reserve, 8,848.

(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.

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.

C

Authorization of Appropriations

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

V

MILITARY PERSONNEL POLICY

A

Officer Personnel Policy

501.

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–8 or higher” before the period.

502.

Grade of Chief of the Veterinary Corps of the Army

Section 7084 of title 10, United States Code, is amended by adding at the end the following: An officer appointed to that position who holds a lower grade shall be appointed in the grade of brigadier general..

503.

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.

504.

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.

505.

Report on rate of maternal mortality among members of the Armed Forces

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, and with respect to members of the Coast Guard, the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall submit to Congress a report on the rate of maternal mortality among members of the Armed Forces and the dependents of such members.

506.

Functional badge or insignia upon commission for chaplains

A military chaplain shall receive a functional badge or insignia upon commission.

B

Reserve Component Management

511.

Grade of certain chiefs of reserve components

(a)

In general

(1)

Chief of Army Reserve

Section 7038(b)(1) of title 10, United States Code, is amended by striking general officers of the Army Reserve and inserting officers of the Army Reserve in the grade of lieutenant general and.

(2)

Chief of Navy Reserve

Section 8083(b)(1) of such title is amended by striking flag officers of the Navy (as defined in section 8001(1)) and inserting officers of the Navy Reserve in the grade of vice admiral and.

(3)

Commander, Marine Forces Reserve

Section 8084(b)(1) of such title is amended by striking general officers of the Marine Corps (as defined in section 8001(2)) and inserting officers of the Marine Corps Reserve in the grade of lieutenant general and.

(4)

Chief of Air Force Reserve

Section 9038(b)(1) of such title is amended by striking general officers of the Air Force Reserve and inserting officers of the Air Force Reserve in the grade of lieutenant general and.

(b)

Effective date

The amendments made under subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date.

512.

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.

.

513.

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.

514.

Guidance for use of unmanned aircraft systems by the National Guard

(a)

New guidance

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue new guidance that treats the use of unmanned aircraft systems by the National Guard for covered activities in a manner no more restrictive than the use of other aircraft for covered activities.

(b)

Covered activities defined

In this section, covered activities means the following:

(1)

Emergency operations.

(2)

Search and rescue operations.

(3)

Defense support to civil authorities.

(4)

Support under section 502(f) of title 32, United States Code.

515.

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.

516.

JROTC computer science and cybersecurity program

Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:

2036.

Computer science and cybersecurity program

(a)

Program authorized

The Secretary of Defense may carry out a program to enhance the preparation of students in the Junior Reserve Officers’ Training Corps for careers in computer science and cybersecurity.

(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)

The heads of such other Federal, State, and local government entities the Secretary of Defense determines appropriate.

(5)

Private sector organizations, including workforce development organizations, the Secretary of Defense determines appropriate.

(c)

Activities

Activities under the program may include the following:

(1)

Establishment of targeted internships and cooperative research opportunities in computer science and cybersecurity at defense laboratories and other technical centers for students in and instructors of the Junior Reserve Officers' Training Corps.

(2)

Funding for training and other supports for instructors to teach evidence-based courses in computer science and cybersecurity to students.

(3)

Efforts and activities that improve the quality of cybersecurity and computer science educational, training opportunities, and curricula for students and instructors.

(4)

Development of travel opportunities, demonstrations, mentoring programs, and informal computer science and cybersecurity education for students and instructors.

(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)

Authorities

In carrying out the program, the Secretary shall, to the maximum extent practicable, make use of the authorities under section 2193b, chapter 111, and sections 2601, 2605, and 2374a of this title, section 219 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2358 note), and other authorities the Secretary determines appropriate.

(f)

Report

Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on activities carried out under the program.

.

517.

Programs of scholarships for members of Junior Reserve Officers' Training Corps units toward obtaining private pilot's certificates

(a)

Programs authorized

Each Secretary of a military department may carry out a program to award scholarships to qualified members of units of the Junior Reserve Officers' Training Corps under the jurisdiction of such Secretary to assist such members in obtaining a private pilot's certificate through an institution of higher education with an accredited aviation program that is approved by such Secretary pursuant to subsection (c).

(b)

Member qualifications

(1)

In general

In carrying out a program under subsection (a), the Secretary of a military department shall prescribe the standards to be met by members of units of the Junior Reserve Officers' Training Corps under the jurisdiction of such Secretary to be eligible for the award of a scholarship under the program.

(2)

Uniformity across military departments

To the extent practicable, the standards prescribed under this subsection 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)) at which a scholarship awarded under the program may be used toward obtaining a private pilot's certificate.

(2)

Qualifications and standards

Any institution of higher education included on a list under this subsection, and any course of instruction toward obtaining a private pilot's certificate offered by such institution, shall meet such qualifications and standards as the Secretary shall prescribe for purposes of the program. Such qualifications and standards shall include a requirement that any institution included on the list award academic credit at such institution to any member awarded a scholarship under the program for work (whether or not fully completed) on the ground school course of instruction of such institution in connection with obtaining a private pilot's certificate.

(d)

Scholarship

(1)

Amount

The amount of the scholarship awarded a member of a Junior Reserve Officers' Training Corps under a program under subsection (a) shall be such amount as the Secretary of the military department concerned considers appropriate to defray, whether in whole or in part, the charges and fees of a course of instruction toward obtaining a private pilot's certificate offered by the institution of higher education to be attended by the member in obtaining the certificate.

(2)

Use

A scholarship awarded a member under a program may be used by the member only to defray the charges and fees of an institution of higher education for a course of instruction toward obtaining a private pilot's certificate.

(3)

Maintenance of membership

A scholarship awarded an individual under a program may be used by the individual only while the individual maintains membership in a unit of a Junior Reserve Officers' Training Corps.

(e)

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 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 number of scholarships awarded.

(B)

The total amount of scholarships awarded.

(C)

The work undertaken through such scholarships, including the number of recipients who fully completed a ground school course of instruction in connection with obtaining a private pilot's certificate.

(f)

Assessment of related pilot program

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report setting forth the results of an assessment, conducted by the study group described in paragraph (2) for purposes of the report, of the pilot program conducted by the Air Force in 2018 and 2019 known as the Air Force JROTC Flight Academy, Chief of Staff Private Pilot Scholarship Program.

(2)

Study group

The study group described in this paragraph shall include the following:

(A)

A representative of the Department of Defense, selected by the Secretary of Defense.

(B)

A representative of the headquarters of the Air Force Junior Reserve Officers' Training Corps with experience with the pilot program, selected by the Secretary of the Air Force.

(C)

In addition to the representative under subparagraph (B), a representative of each military department, selected by the Secretary of such military department.

(D)

A representative of the Department of Transportation, selected by the Secretary of Transportation.

(E)

A representative of the Department of Education, selected by the Secretary of Education.

(F)

Representatives of such private organizations and entities as the Secretary of Defense considers appropriate.

(3)

Elements

The assessment required by paragraph (1) shall identify best practices in assisting members of the Junior Reserve Officers' Training Corps in obtaining a private pilot's certificate through institutions of higher education, including the most appropriate funding mechanisms for such practices.

518.

Sense of Congress regarding Junior Reserve Officers' Training Corps

It is the sense of Congress that—

(1)

the Junior Reserve Officers' Training Corps (referred to in this section as JROTC) contributes to an enhanced sense of pride in our Nation and in the members of the Armed Forces who serve;

(2)

JROTC develops a culture dedicated to service of our great land and reinforces duty, honor and courage;

(3)

the Nation has been steadily depending on a smaller and smaller minority of the population to fight its wars and protect its borders;

(4)

this dwindling population risks the long-term security of our Nation and the freedoms it provides;

(5)

JROTC operates in all 50 States and contributes to better grades and graduation rates; and

(6)

JROTC was supported in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) and should be increased in fiscal year 2020, including at least 3,700 JROTC units nationwide.

519.

Sense of Congress regarding the National Guard Youth Challenge Program

It is the sense of Congress that—

(1)

the National Guard Youth Challenge Program provides a vital service to at-risk youth by providing life-changing mentorship, developing self-discipline, and providing education in valuable skills; and

(2)

the Secretary of Defense should use the authority provided under section 509(h)(2) of title 32, United States Code, to allow Department of Defense equipment and facilities to be used by the National Guard to maximize the support of the Department for the Youth Challenge Program.

520.

Pilot program on the Junior Reserve Officers’ Training Corps program at Lucy Garrett Beckham High School, Charleston County, South Carolina

(a)

In general

The Secretary of the department in which the Coast Guard is operating may carry out a pilot program to establish and maintain a Junior Reserve Officers’ Training Corps (JROTC) program unit in cooperation with Lucy Garrett Beckham High School, Charleston County, South Carolina.

(b)

Program requirements

The pilot program carried out by the Secretary under this section shall provide to students at Lucy Garrett Beckham High School—

(1)

instruction in subject areas relating to operations of the Coast Guard; and

(2)

training in skills which are useful and appropriate for a career in the Coast Guard.

(c)

Provision of additional support

In carrying out the pilot program under this section, the Secretary may provide to Lucy Garrett Beckham High School—

(1)

assistance in course development, instruction, and other support activities; and

(2)

necessary and appropriate course materials, equipment, and uniforms.

(d)

Employment of retired coast guard personnel

(1)

In general

Subject to paragraph (2), the Secretary may authorize the Lucy Garrett Beckham High School to employ, as administrators and instructors for the pilot program, retired Coast Guard and Coast Guard Reserve commissioned, warrant, and petty officers not on active duty who request that employment and who are approved by the Secretary and Lucy Garrett Beckham High School.

(2)

Authorized pay

(A)

In general

Retired members employed under paragraph (1) are entitled to receive their retired or retainer pay and an additional amount of not more than the difference between—

(i)

the amount the individual would be paid as pay and allowance if the individual was considered to have been ordered to active duty during the period of employment; and

(ii)

the amount of retired pay the individual is entitled to receive during that period.

(B)

Payment to school

The Secretary shall pay to Lucy Garrett Beckham High School an amount equal to one-half of the amount described in subparagraph (A), from funds appropriated for such purpose.

(3)

Employment not active-duty or inactive-duty training

Notwithstanding any other provision of law, while employed under this subsection, an individual is not considered to be on active-duty or inactive-duty training.

520A.

Junior Reserve Officers’ Training Corps threshold

Section 2031(b)(1) of title 10, United States Code, is amended by striking 8th grade each place it appears and inserting 7th grade.

520B.

Inclusion of homeschooled students in Junior Reserve Officer's 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.

.

520C.

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.

520D.

National guard support to major disasters

Section 502(f) of title 32, United States Code, is amended—

(1)

in paragraph (2), by adding at the end the following:

(C)

Operations or missions authorized by the President or the Secretary of Defense to support large scale, complex, catastrophic disasters, as defined by section 311(3) of title 6, United States Code, at the request of a State governor.

; and

(2)

by adding at the end the following:

(4)

With respect to operations or missions described under paragraph (2)(C), there is authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out such operations and missions, but only if—

(A)

an emergency has been declared by the governor of the applicable State; and

(B)

the President has declared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

.

520E.

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, 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 their plan to establish policy and processes to implement the authority provided by the amendments made by section 520. 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 approp