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

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.

Elements

Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following:

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

the estimated costs and assessment of cost risk to the program due to planned changes to the program manufacturing base;

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;

an assessment of the effect of changes to the manufacturing base on VH–92A sustainment; and

the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy.

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.

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.

Domestic shipyard

The sealift vessel shall be constructed in a shipyard that is located in the United States.

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).

Responsibilities

The executive agent described in paragraph (1) shall be responsible for—

A program acquisition strategy.

An acquisition program baseline.

A test and evaluation master plan.

A life-cycle sustainment plan.

A post-production fielding strategy.

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.

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:

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—

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;

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

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.

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

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

is necessary in order to satisfactorily complete the contract.

technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and

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.

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—

The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size.

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.

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.

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.

Limitation

The total amount obligated under all contracts entered into under paragraph (1) shall not exceed $574,000,000.

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:

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:

Exception

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

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.

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.

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.

Revision required

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

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.

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.

Elements

Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following:

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.

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.

A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft—

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:

F–35 Block 4 defined

In this subsection, the term F–35 Block 4 has the meaning given that term in section 132(e).

All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act.

The strategy and performance requirements that will be implemented to improve the system.

The strategy, implementation plan, schedule, and estimated costs of developing and fielding—

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

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

by adding at the end the following new subparagraph:

in the section heading, by inserting of dual-use technology after commercialization;

in subsection (a)—

in subsection (c)(4)(A)(iv), by inserting , which may include access to venture capital after award;

by striking subsection (d);

by redesignating subsection (e) as subsection (d);

by striking subsection (f); and

by adding at the end the following new subsection (e):

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.

Program goals

The goals of the program established under paragraph (1) are as follows:

Phases

The program established under paragraph (1) shall be carried out in two phases as follows:

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).

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).

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—

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.

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.

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.

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.

Direct air capture

The testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuel for use—

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.

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.

Locations

The Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense.

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.

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.

Direct air capture

Eligible laboratory

The term eligible laboratory means—

To enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.

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.

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.

To promote collaborative research and information exchange with other relevant entities within the Department and with other agencies relating to foreign malign influence operations.

The Secretary may award research grants to eligible individuals and entities on a competitive basis.

The Secretary may award financial assistance to graduate students on a competitive basis.

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

the Secretary has developed achievable, effective, and suitable concepts and supporting technical architectures to collect, store, manage, and disseminate information collected by such sensors.

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.

Elements

The study required by paragraph (1) shall include an assessment of the following—

Study results

A list that identifies each program, project, and activity that comprises the System.

The final analysis of alternatives for the System.

An acquisition strategy for the System, including—

A capability development document for the System.

An acquisition program baseline for the System.

A test and evaluation master plan for the System.

A life-cycle sustainment plan for the System.

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

April 1, 2020.

A capability development document for the program, approved by the Secretary of the Air Force.

A test and evaluation master plan for the program, approved by the Director of Operational Test and Evaluation.

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.

Elements

The assessment required by paragraph (1) shall include analysis of the following:

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.

Elements

The plan required by paragraph (1) shall—

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—

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).

Exception for implementation of certain recommendations

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—

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).

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).

Expiration of appointment

The appointment of the Officer under paragraph (1) shall expire on September 30, 2029.

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.

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.

Develop and maintain education, training, doctrine, rotational opportunities, and professional development activities to support the civilian and military digital engineering workforce.

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).

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.

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.

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.

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.

An assessment of progress of the Secretary in recruiting an individual to serve as the Officer required to be appointed under subsection (b).

A timeline for implementation of the requirements of this section, including input from each military department on its unique timeline.

Recommendations for any legislative or administrative action required to meet the requirements of this section.

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—

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—

In general

The Under Secretary and Director shall carry out pilot programs to demonstrate whether it is possible for automated testing to satisfy—

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.

Requirements

For each pilot program carried out under paragraph (1), the Under Secretary and Director shall—

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).

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—

Termination

Each pilot program carried out under paragraph (1) shall terminate not later than December 31, 2025.

In general

The Under Secretary and the Director shall issue policies and guidance to implement—

Elements

The policies and guidance issued under paragraph (1) shall—

the Under Secretary of Defense for Acquisition and Sustainment;

the service acquisition executives;

the service testing commands; and

the Defense Digital Service.

an independent assessment conducted by the Defense Innovation Board of the progress made as of the date of the report;

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

any recommendations for changes to existing law to facilitate the implementation of subsections (a) through (c).

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.

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.

The term zero-trust assumption means a security architecture philosophy designed to prevent all threats, including insider threats and outsider threats.

The term red team assessment means penetration tests and operations performed on a system to emulate a capable adversary to expose security vulnerabilities.

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;

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—

incorporate procedures for the legal review of—

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).

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.

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.

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.

the plan required under subsection (b) has been submitted to the congressional defense committees; and

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.

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.

Elements

The plan required under paragraph (1) shall include the following:

Form of plan

The plan required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.

A summary of hiring and staffing deficiencies at laboratories, by location, and the effect of such deficiencies on the ability of the laboratories—

A summary of existing and emerging military research, development, test, and evaluation mission areas requiring the use of the laboratories.

An explanation of the laboratory staffing capabilities required for each mission area identified under paragraph (2).

Identification of specific projects, including hiring efforts and management reforms, that will be carried out—

For each project identified under paragraph (4)—

A description of how the Department, including each military department concerned, will carry out the projects identified in paragraph (3) using—

Identification of any statutory barriers to implementing the master plan and legislative proposals to address such barriers.

the Secretary of each military department;

the Service Acquisition Executives with responsibilities relevant to the laboratories;

the commander of each military command with responsibilities relating to research and engineering that is affected by the master plan; and

any other officials determined to be relevant by the Secretary of Defense and the Under Secretary of Defense for Research and Engineering.

organizations and elements of the Department of Defense; and

organizations outside the Department.

the master plan developed under subsection (a); and

a report on the activities carried out under this section.

A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department—

A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure—

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).

For each project identified under paragraph (3)—

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—

Identification of any statutory, regulatory, or policy barriers to implementing the master plan and regulatory, policy, or legislative proposals to address such barriers.

consult with existing and anticipated users of the Major Range and Test Facility Base; and

consider using the contract authority provided to the Secretary under section 2681 of title 10, United States Code.

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));

the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and

other facilities that support the research development, test, and evaluation activities of the Department.

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

a plan for implementing the strategy developed under paragraph (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.

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—

Strengthening engagement and outreach with industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to 5G technology.

Defense industrial base supply chain risk, management, and opportunities.

Preserving the ability of the Joint Force to achieve objectives in a contested and congested spectrum environment.

Strengthening the ability of the Joint Force to conduct full spectrum operations that enhance the military advantages of the United States.

Securing the information technology and weapon systems of the Department against malicious activity.

Such other matters as the Secretary of Defense determines to be relevant.

The Chief Information Officer of the Department of Defense.

The Under Secretary of Defense for Research and Engineering.

The Under Secretary of Defense for Acquisition and Sustainment.

The Under Secretary of Defense for Intelligence.

Service Acquisition Executives of each military service.

new technologies for the creation of highly secure, reliable, and mission-critical software; and

new approaches to software development, data-based analytics, and next generation management tools.

types of software innovation efforts within the science and technology portfolio of the Department;

investment in new approaches to software development, data-based analytics, and next generation management tools;

ongoing research and other support of academic, commercial, and development community efforts to innovate the software development, engineering, and testing process;

to the extent practicable, implementing the recommendations set forth in—

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—

the transition of relevant capabilities and technologies to information technology programs of the Department, including software intensive tactical systems, enterprise systems, and business systems.

In general

The Secretary of Defense shall develop a strategy for educating service members in relevant occupational fields on matters relating to artificial intelligence.

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—

In general

The Secretary of Defense shall develop a plan for implementing the strategy developed under subsection (a).

Elements

The implementation plan required under paragraph (1) shall identify the following:

the strategy developed under subsection (a); and

the implementation plan developed under subsection (b).

Information relating to the mission and objectives of the Center.

A description of the National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center, including a description of—

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 description any collaboration between—

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.

A description of the organizational structure and staffing of the Center.

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.

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.

An overview of funding for the program, including identification of—

An overview of the program schedule.

A description of each contract awarded under the program, including a description of the type of contract and the status of the contract.

An assessment of the status of the program with respect to—

The civics education program proposed by the entity will include innovative approaches for improving civics education.

The entity will dedicate sufficient resources to the program.

As part of the program, the entity will conduct evaluations in accordance with subsection (f)(1)(B).

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.

Required uses of funds

An eligible entity that receives a grant under this section shall use such grant—

Allowable uses of funds

An eligible entity that receives a grant under this section may use such grant for—

The term civics education program means an educational program that provides participants with—

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).

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.

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).

Employment

Fellows will be assigned to a one year tour of duty within the Department of Defense.

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.

is a citizen of the United States; and

either—

In general

In carrying out this section, the Secretary may consider coordinating or partnering with the entities specified in paragraph (2).

Entities specified

The entities specified in this paragraph are the following:

determine the length of a fellowship term;

establish the rate of compensation for an individual selected to participate in the fellows program; and

change the eligibility requirements for participation in the fellows program, including who is considered an eligible individual for purposes of the fellows program.

In general

There is established in the executive branch an independent Commission to review the state of defense research at covered institutions.

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.

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.

Membership

Chair and vice chair

The Commission shall elect a Chair and Vice Chair from among its members.

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.

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.

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.

Scope of the review

In conducting the review under paragraph (1), the Commission shall consider the following:

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.

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).

Form of reports

Reports submitted under this subsection shall be made publically available.

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

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.

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—

Limitation

A waiver under this subsection shall apply for a period that does not exceed three years. The Secretary may extend any such waiver once for an additional period that does not exceed three years.

AFFF may be released for purposes of an emergency response.

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.

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

ensure that such monitoring is conducted during times of high, medium, and low activity.

the results of such monitoring;

a comparison of such monitoring and the noise contours previously developed with the analysis and modeling methods previously used;

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

any other matters that the Secretaries determine appropriate.

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).

Classified annex

The report under paragraph (1) shall be submitted in unclassified form but may contain a classified annex if necessary.

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.

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) as the Secretary considers necessary and appropriate, in consultation with the individuals and entities described in subsection (b) and consistent with the prevailing scientific consensus as required under subsection (c).

Report and publication

Upon completing an update to the tool under paragraph (1), the Secretary shall—

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.

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.

A common method of human exposure to PFOS and PFOA is by consuming contaminated drinking water.

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.

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.

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.

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—

Identification of areas

An area identified under this paragraph is an area for which the level of PFOA or PFOS contamination—

Source of funds

Amounts used to carry out this section shall be derived—

In general

Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section:

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:

by inserting to meet the material readiness objectives before for the weapon system; and

by inserting under section 118 of this title after weapon system.

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.

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.

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.

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.

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.

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.

A comprehensive list of the prepositioned materiel and equipment programs of the Department of Defense.

A detailed description of how the plan will be implemented.

A description of the resources required to implement the plan, including the amount of funds and personnel.

A description of how the plan will be reviewed and assessed to monitor progress.

Guidance on applying a consistent definition of prepositioning across the Department, including the military departments, the combatant commands, and the Defense Agencies.

A detailed description of how the Secretary will implement a joint oversight approach of the prepositioning programs of the military departments.

by striking subsections (d) through (g); and

by redesignating subsection (h) as subsection (d).

in the section heading, by striking Quarterly reports: personnel and unit readiness and inserting Readiness reports;

in subsection (a)—

by striking subsection (b) and inserting the following:

by striking subsections (d) through (h) and subsection (j);

by redesignating subsection (i) as subsection (e); and

by inserting after subsection (c) the following new subsections (d):

A breakdown of funding, categorized by class of ship, requested for ship and submarine maintenance.

A description of how the requested funding, categorized by class of ship, compares to the identified ship maintenance requirement.

The amount of funds appropriated for each class of ship for the preceding fiscal year.

The amount of funds obligated and expended for each class of ship for each of the three preceding fiscal years.

The cost, categorized by class of ship, of unplanned growth work for each of the three preceding fiscal years.

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.

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.

The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years.

An assessment on the safety of food gathered from local food sources.

An assessment of the current condition of the outer constructs of the dome.

An assessment of the current and long-term safety to local humans posed by the site.

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.

A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome.

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.

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.

Establishment

There is established an advisory group on the defense personal property program, to be known as the Global Household Relocation Services Advisory Committee.

Membership

The advisory group shall be comprised of 15 members appointed from among individuals who represent appropriate entities as follows:

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.

Reports

Termination

The advisory group shall terminate on the date that is five years after the date of the enactment of this Act.

the business case analysis required by subsection (b); and

the proposed structure and meeting schedule for the advisory group established under subsection (a).

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.

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.

September 30, 2025.

The date on which the Red Hill Bulk Fuel Storage Facility ceases operation.

provide at least 50 percent of the funds required to carry out the noise insulation; and

ensure that the noise at any private residence where insulation is installed is reduced by at least 5 dB.

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

where interior noise has been measured at 45 dB day-night average sound level by the installation.

Minimize cost in order to maximize number of homes served.

Focus efforts on residences newly impacted by increased noise levels.

The Army National Guard of the United States, 336,000.

The Army Reserve, 189,500.

The Navy Reserve, 59,000.

The Marine Corps Reserve, 38,500.

The Air National Guard of the United States, 107,700.

The Air Force Reserve, 70,100.

The Coast Guard Reserve, 7,000.

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

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.

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.

Information

The information on an officer specified by this paragraph to be made available pursuant to paragraph (1) is the information as follows:

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.

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.

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.

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.

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.

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.

Emergency operations.

Search and rescue operations.

Defense support to civil authorities.

Support under section 502(f) of title 32, United States Code.

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.

Uniformity across military departments

To the extent practicable, the standards prescribed under this subsection shall be uniform across the military departments.

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.

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.

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.

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.

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.

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.

Elements

Each report under paragraph (1) shall include, for the program and year covered by such report, the following:

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.

Study group

The study group described in this paragraph shall include the following:

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.

Table of sections

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1553 the following new item:

Conforming amendment

Section 1553(b) of title 10, United States Code, is amended—

Report

Not later than April 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the Board of Discharge Appeals established under such section 1553a. The report shall include, with respect to appeals heard by the Board of Discharge Appeals since implementation, the following:

Online publication

On October 1 of each year starting in 2022, the Secretary shall publish online the information described in subparagraphs (A), (B), and (C) of paragraph (1) with regards to the preceding fiscal year.

by striking December 31, 2019 and inserting December 31, 2025;

by striking that agency until— and inserting that agency.; and

by striking subsections (1) and (2).

Report required

Not later than 180 days after the enactment of this Act, the Secretary of each military department shall submit a report to the Committees on Armed Services of the Senate and House of Representatives that details a plan to—

Elements

Each report under this subsection shall include the following:

In general

The Advisory Committee shall consist of not more than 15 members appointed by the Secretary of Defense, eight of whom shall be civilian practitioners or representatives of organizations that have experience assisting members of the Armed Forces and veterans with cases before service review boards (as that term is defined in section 1555 of title 10, United States Code).

Members of the Armed Forces on active duty ineligible

A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.

Experience required

At least 35 percent of members of the staff of the Advisory Committee shall have experience described in subsection (b)(1).

Director; assistant director

The director and assistant director of the Advisory Committee may not both be members of the Armed Forces serving on active duty.

Staff

Not more than 65 percent of the staff of the Advisory Committee may be comprised of members of the Armed Forces serving on active duty.

granting relief at adequate rates;

adhering to the intent of Congress, including regarding liberal consideration;

standards for evidence, training experience and qualifications of board members;

efficacy of efforts to ensure consistency across boards;

case management and record keeping systems, including electronic access to board precedents;

ease of personal appearances by claimants;

expert review of medical and psychiatric cases; and

related potential structural changes or alternative board models.

shall be based on the strategic plan established under section 2 of Executive Order 13583 (3 Fed. Reg. 13583 (August 18, 2011));

shall incorporate existing efforts to promote diversity and inclusion within the Department; and

may not conflict with the objectives of the 2018 National Military Strategy.

identify barriers to entry into the Armed Forces for English learners, including—

the effect of such barriers on—

an analysis of existing efforts and programs to remove barriers to entry into the Armed Forces for English learners, including an analysis of the scalability and sustainability of such efforts and programs; and

additional opportunities to address such barriers, including alternative assessments and Armed Services Vocational Aptitude Battery preparation programs for English learners.

The term covered person means an individual—

The terms active service and military department have the meanings given such terms in section 101 of title 10, United States Code.

United States Military Entrance Processing Command (USMEPCOM) operates 65 Military Entrance Processing Stations (MEPS) dispersed throughout the 50 States and Puerto Rico.

Applicants for accession into the Armed Forces must travel to the closest MEPS to receive physical examinations, are often driven by a military recruiter, and receive lodging at a nearby hotel, paid for by the Armed Force represented by that recruiter.

In 2015, USMEPCOM reported that 473,000 applicants from the military and other agencies processed through the 65 MEPS, for a total of 931,000 MEPS visits.

Section 1703 of title 38, United States Code, authorizes the Secretary of Veterans Affairs to enter into contracts with private health care providers for physical examinations.

by striking Unlawfully influencing action of court and inserting Command influence;

by amending subsection (a) to read as follows:

in subsection (b)—

by adding at the end the following new subsections:

in subsection (a), by inserting maiming of a child, kidnapping of a child, after sexual assault of a child,; and

in subsection (b)(2)(B)—

Notification required

The commander of a member of the Armed Forces who is the alleged victim of sexual assault committed by another member of the Armed Forces shall provide notification to such alleged victim of every key or other significant event in the military justice process in connection with the investigation, prosecution, and confinement of such other member for sexual assault.

Documentation

Each commander described in paragraph (1) shall create and maintain appropriate documentation on any notification provided as described in that paragraph.

Notifications under subsection (a)(1).

Documentation under subsection (a)(2).

Documentation under subsection (b).

Minimum staffing level

Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall ensure that the number of personnel assigned to the military criminal investigative services of the department is sufficient to ensure, to the extent practicable, that the investigation of any sex-related offense is completed not later than six months after the date on which the investigation is initiated.

Status reports required

Not later than one year after the date of the enactment of this Act, Secretary of each military department shall issue guidance requiring that any criminal investigator of the department who is assigned to investigate a sex-related offense submits a status report to the direct supervisor of such investigator in the event that the investigation of such offense exceeds 90 days in duration. Each status report shall include—

The Army Criminal Investigation Command.

The Naval Criminal Investigative Service.

The Air Force Office of Special Investigations.

The Marine Corps. Criminal Investigation Division.

Determine whether the presence of defense investigators within such military justice system will—

Otherwise assess the feasibility and advisability of defense investigators as an element of such military justice system.

Interview of victim

A defense investigator may question a victim under a pilot program only upon a request made through the Special Victims’ Counsel or other counsel if the victim does not have such counsel.

Uniformity across military justice systems

The Secretary of Defense shall ensure that the personnel and activities of defense investigators under the pilot programs are, to the extent practicable, uniform across the military justice systems of the military departments.

In general

Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs under subsection (a).

Elements

The report required by paragraph (1) shall include the following:

review each covered special victim offense; and

determine whether such offense shall be referred to trial by an appropriate court-martial convening authority.

Establishment

As part of the Pilot Program, the Secretary shall establish, within the Office of the Secretary of Defense, an Office of the Chief Prosecutor.

Head of Office

The head of the Office shall be known as the Chief Prosecutor. The Secretary shall appoint as the Chief Prosecutor a commissioned officer in the grade of O–7 or above who—

Responsibilities

The Chief Prosecutor shall exercise the authorities described in subsection (c) but only with respect to covered special victim offenses.

Special rule

Notwithstanding any other provision of law, the military service from which the Chief Prosecutor is appointed is authorized an additional billet for a general officer or a flag officer for each year in the two year period beginning with the year in which the appointment is made.

Termination

The Office of the Chief Prosecutor shall terminate on the date on which the Pilot Program terminates under subsection (e).

Investigation phase

Referral to Chief Prosecutor

In the case of a charge relating to a covered special victim offense, in addition to referring the charge to the staff judge advocate under subsection (a) or (b) of section 834 of title 10, United States Code (article 34 of the Uniform Code of Military Justice), the convening authority of the Armed Force of which the accused is a member shall refer, as soon as reasonably practicable, the charge to the Chief Prosecutor to make the determination required by paragraph (3).

Prosecutorial determination

The Chief Prosecutor shall make a determination regarding whether a charge relating to a covered special victim offense shall be referred to trial. If the Chief Prosecutor makes a determination that the charge shall be tried by court-martial, the Chief Prosecutor also shall determine whether the charge shall be tried by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice) or a special court-martial convened under section 823 of such title (article 23 of the Uniform Code of Military Justice). The determination of whether to try a charge relating to a covered special victim offense by court-martial shall include a determination of whether to try any known offenses, including any lesser included offenses.

Effect of determination and appeals process

Trial by randomized jury

After the Chief Prosecutor makes a determination under paragraph (3) to proceed to trial on a charge relating to a covered special victim offense, the matter shall be tried by a court-martial convened within the Armed Force of which the accused is a member in accordance with the applicable provisions of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) except that, when convening a court-martial that is a general or special court-martial involving a covered special victim offense in which the accused elects a jury trial, the convening authority shall detail members of the Armed Forces as members thereof at random unless the obtainability of members of the Armed Forces for such court-martial prevents the convening authority from detailing such members at random.

Unlawful influence or coercion

The actions of the Chief Prosecutor under this subsection whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion.

Termination

The authority of the Secretary to carry out the Pilot Program shall terminate four years after the date on which the Pilot Program is initiated.

Transition

The Secretary shall take such actions as are necessary to ensure that, on the date on which the Pilot Program terminates under paragraph (1), any matter referred to the Chief Prosecutor under subsection (c)(2), but with respect to which the Chief Prosecutor has not made a determination under subsection (c)(3), shall be transferred to the appropriate convening authority for consideration.

The term Armed Force has the meaning given that term in section 101(a)(4) of title 10, United States Code.

The term covered special victim offense means a special victim offense—

The term Secretary means the Secretary of Defense.

The term special victim offense means any of the following:

Not later than seven days after the date on which a court-martial convening authority declines to refer a nonprosecutable sex-related offense for trial by general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the convening authority will forward the investigation to the commander of the accused.

Not later than 90 days after the date on which the commander of the accused receives the investigation under paragraph (1)—

in subsection (b)(1)(B)(ii), by striking as defined in subsection (i) and inserting as defined in subsection (k);

by redesignating subsections (i) and (j) as subsections (j) and (k), respectively; and

by inserting after subsection (h) the following new subsection (i):

in the section heading, by striking sex-related and inserting sex-related or domestic violence;

by striking alleged sex-related offense each place it appears and inserting alleged sex-related offense or alleged domestic violence offense;

in subsection (a)—

in subsection (b)(2), by inserting or the Family Advocacy Program after Victim Witness Assistance Program;

in subsection (d)(2)—

in subsection (f)(1), by inserting a representative of the Family Advocacy Program, after Sexual Assault Victim Advocate,;

by amending subsection (g) to read as follows:

by adding at the end the following new subsections:

in subsection (a), by striking and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify and inserting , the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify;

by redesignating subsection (b) as subsection (c);

by inserting after subsection (a) the following new subsection (b);

in subsection (c), as so redesignated, by striking commander of the military installation and inserting commander of the unit to which the member is assigned.

the number of military protective orders issued in the calendar year preceding the year in which the report is submitted; and

the number of such orders that were reported to appropriate civilian authorities in accordance with section 1567a(a) of title 10, United States Code, in such preceding year.

by inserting (A) before The term; and

by adding at the end the following new subparagraph:

In general

The Secretary of Defense shall establish and maintain within the Department of Defense an advisory committee to be known as the Defense Advisory Committee for the Prevention of Sexual Misconduct (in this section referred to as the Advisory Committee).

Deadline for establishment

The Secretary shall establish the Advisory Committee not later than 180 days after the date of the enactment of this Act.

In general

The Advisory Committee shall consist of not more than 20 members, appointed by the Secretary from among individuals who have an expertise appropriate for the work of the Advisory Committee, including at least one individual with each expertise as follows:

Background of individuals

Individuals appointed to the Advisory Committee may include individuals with expertise in sexual assault prevention efforts of institutions of higher education, public health officials, and such other individuals as the Secretary considers appropriate.

Prohibition on membership of members of Armed Forces on active duty

A member of the Armed Forces serving on active duty may not serve as a member of the Advisory Committee.

In general

The Advisory Committee shall advise the Secretary on the following:

Basis for provision of advice

For purposes of providing advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following:

Coordination of efforts

In addition to the reviews required by paragraph (2), for purposes of providing advice to the Secretary the Advisory Committee shall also consult and coordinate with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on matters of joint interest to the two Advisory Committees.

inappropriate actions (such as sexist jokes), sexual harassment, gender discrimination, hazing, cyber bullying, or other behavior that contributes to a culture that is tolerant of, or increases risk for, sexual assault; and

maltreatment or ostracism of a victim for a report of sexual misconduct.

In general

Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Committee pursuant to subsection (a).

Continuation

The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continuation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives.

Improper use or possession of alcohol.

Consensual intimate behavior (including adultery) or fraternization.

Presence in an off-limits area.

Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).

The term Armed Forces has the meaning given that term in section 101(a)(4) of title 10, United States Code, except such term does not include the Coast Guard.

The term military service academy means the following:

In general

If an individual specified in paragraph (2) is not available at a military installation for access by a member of the Armed Forces who requests access to such an individual, such an individual shall be made available at such installation for access by such member by not later than 48 hours after such request.

Individuals

The individuals specified in this paragraph are the following:

providing support to such Special Victims’ Counsel; and

ensuring continuity and the preservation of institutional knowledge in transitions between the service of individuals as Special Victims’ Counsel at such installation.

In general

Except as provided in subsection (c), upon the assignment of a Special Victims' Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the jurisdiction (whether court-martial or State court) in which such offenses will be prosecuted.

Criminal justice matters

The criminal justice matters specified in this paragraph, with respect to a State, are the following:

a violation of section 920, 920b, 920c, or 930 of title 10, United States Code (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or

an attempt to commit an offense specified in a paragraph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).

by redesignating sections 2004a and 2004b as sections 2004b and 2004c, respectively;

by inserting after section 2004 the following new section:

In general

Chapter 101 of title 10, United States Code, is amended by inserting after section 2015 the following new section:

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2015 the following new item:

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the program of education required by section 2015a of title 10, United States Code (as added by subsection (a)), including the following:

Appropriate committees of Congress defined

In this subsection, the term appropriate committees of Congress means—

in the section heading, by striking Associate and inserting Associate or Bachelor; and

by amending subsection (a) to read as follows:

in the section heading, by striking science, mathematics, and technology and inserting science, technology, engineering, art and design, and mathematics;

in subsection (a), by striking science, mathematics, and technology and inserting science, technology, engineering, art and design, and mathematics; and

in subsection (b), by striking mathematics, science, and technology and inserting science, technology, engineering, art and design, and mathematics;

in the subsection heading, by striking Commandant and inserting Director and Chancellor;

by striking Commandant each place it appears and inserting Director and Chancellor; and

in the heading of paragraph (3), by striking Commandant and inserting Director and Chancellor.

Improper use or possession of alcohol.

Consensual intimate behavior or fraternization with another cadet or midshipman.

Presence in an off-limits area.

Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).

The United States Military Academy.

The United States Naval Academy.

The United States Air Force Academy.

The United States Coast Guard Academy.

Prohibition

Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender.

Deadline

The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.

Prohibition

Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender.

Deadline

The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act.

The number of recruits who died during basic training in the five years preceding the date of the report.

The causes of deaths described in paragraph (1).

The types of medical treatment that was provided to recruits described in paragraph (1).

Whether any of the deaths identified under paragraph (1) were found to be a result of medical negligence.

A description of medical capabilities and personnel available to the recruits at each facility.

A description of medical resources accessible to the recruits at the company level at each facility.

A description of 24-hour medical resources available to recruits at each facility.

An evaluation of the guidelines and resources in place to monitor sick recruits.

An evaluation of how supervisors evaluate and determine whether a sick recruit should continue training or further seek medical assistance.

An evaluation of how the Secretary of the Navy can increase visibility of the comprehensive medical status of a sick recruit to instructors and supervisors in order to provide better situational awareness of the such medical status.

An evaluation of how to improve and medical care for recruits.

What systems of the Department of Defense require an individual to manually enter information from DD Form 214.

What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214.

The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary.

The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2).

in the heading, by striking dying in a theater of combat operations; and

in subsection (a), by striking in a combat theater of operations and inserting outside of the United States.

Members of the National Guard and Reserves in reserve active status.

Veterans of the Armed Forces.

Spouses and other dependents of individuals referred to in paragraphs (1) and (2).

Members of Gold Star Families.

Report required

Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report describing the results of the pilot program. The Secretary shall prepare the report in coordination with the Secretary of Veterans Affairs and the Chief of the National Guard Bureau.

Elements of report

A report under paragraph (1) shall include the following:

Issuance to retired and former members

At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

Issuance to next-of-kin

In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

Application

The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.

Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.

Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was recommended for a Medal of Honor for an action that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such recommendation.

section 7274 or 8298 of title 10, United States Code, as applicable; and

any regulation or other administrative restriction on—

In general

In this section:

Application of definitions of origin

If the military personnel records of a person do not reflect the person’s membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person’s Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned (in consultation with the organizations referred to in subsection (c)) for purposes of this section.

in the matter preceding paragraph (1), by inserting unwanted sexual contact, after assault,;

by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;

by inserting after paragraph (2), the following new paragraph (3):

in paragraph (5), as so redesignated, by striking and assault and inserting assault, and unwanted sexual contact;

in paragraph (6), as so redesignated, by striking or assault and inserting assault, or unwanted sexual contact.

in subsection (a)(1), by striking and discrimination and inserting discrimination, and unwanted sexual contact;

in subsection (b)—