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S. 1790: National Defense Authorization Act for Fiscal Year 2020

The text of the bill below is as of Jun 27, 2019 (Passed the Senate).


116th CONGRESS

1st Session

S. 1790

IN THE SENATE OF THE UNITED STATES

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 seven divisions as follows:

(1)

Division A—Department of Defense Authorizations.

(2)

Division B—Military Construction Authorizations.

(3)

Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4)

Division D—Funding Tables.

(5)

Division E—Additional Provisions.

(6)

Division F—Intelligence Authorizations for Fiscal Year 2020.

(7)

Division G—Intelligence Authorizations for Fiscal Year 2018 and 2019.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—Department of Defense Authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Sense of Senate on Army's approach to Capability Drops 1 and 2 of the Distributed Common Ground System-Army program.

Sec. 112. Authority of the Secretary of the Army to waive certain limitations related to the Distributed Common Ground System-Army Increment 1.

Subtitle C—Navy programs

Sec. 121. Modification of prohibition on availability of funds for Navy waterborne security barriers.

Sec. 122. Capabilities based assessment for naval vessels that carry fixed-wing aircraft.

Sec. 123. Ford-class aircraft carrier cost limitation baselines.

Sec. 124. Design and construction of amphibious transport dock designated LPD–31.

Sec. 125. LHA Replacement Amphibious Assault Ship Program.

Sec. 126. Limitation on availability of funds for the Littoral Combat Ship.

Sec. 127. Limitation on the next new class of Navy large surface combatants.

Sec. 128. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman.

Sec. 129. Report on carrier wing composition.

Subtitle D—Air Force Programs

Sec. 141. Requirement to align Air Force fighter force structure with National Defense Strategy and reports.

Sec. 142. Requirement to establish the use of an Agile DevOps software development solution as an alternative for Joint Strike Fighter Autonomic Logistics Information System.

Sec. 143. Report on feasibility of multiyear contract for procurement of JASSM–ER missiles.

Sec. 144. Air Force aggressor squadron modernization.

Sec. 145. Air Force plan for Combat Rescue Helicopter fielding.

Sec. 146. Military type certification for AT–6 and A–29 light attack experimentation aircraft.

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

Sec. 151. Limitation on availability of funds for communications systems lacking certain resiliency features.

Sec. 152. F–35 sustainment cost.

Sec. 153. Economic order quantity contracting authority for F–35 Joint Strike Fighter program.

Sec. 154. Repeal of tactical unmanned vehicle common data link requirement.

TITLE II—Research, development, test, and evaluation

Subtitle A—Authorization of appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program requirements, restrictions, and limitations

Sec. 211. Development and acquisition strategy to procure secure, low probability of detection data link network capability.

Sec. 212. Establishment of secure next-generation wireless network (5G) infrastructure for the Nevada Test and Training Range and base infrastructure.

Sec. 213. Limitation and report on Indirect Fire Protection Capability Increment 2 enduring capability.

Sec. 214. Electromagnetic spectrum sharing research and development program.

Sec. 215. Sense of the Senate on the Advanced Battle Management System.

Sec. 216. Modification of proof of concept commercialization program.

Sec. 217. Modification of Defense quantum information science and technology research and development program.

Sec. 218. Technology and National Security Fellowship.

Sec. 219. Direct Air Capture and Blue Carbon Removal Technology Program.

Subtitle C—Reports and other matters

Sec. 231. National security emerging biotechnologies research and development program.

Sec. 232. Cyber science and technology activities roadmap and reports.

Sec. 233. Requiring certain microelectronics products and services meet trusted supply chain and operational security standards.

Sec. 234. Technical correction to Global Research Watch Program.

Sec. 235. Additional technology areas for expedited access to technical talent.

Sec. 236. Sense of the Senate and periodic briefings on the security and availability of fifth-generation (5G) wireless network technology and production.

Sec. 237. Transfer of Combating Terrorism Technical Support Office.

Sec. 238. Briefing on cooperative defense technology programs and risks of technology transfer to China or Russia.

Sec. 239. Modification of authority for prizes for advanced technology achievements.

Sec. 240. Use of funds for Strategic Environmental Research Program, Environmental Security Technical Certification Program, and Operational Energy Capability Improvement.

Sec. 241. Funding for the Sea-Launched Cruise Missile–Nuclear analysis of alternatives.

Sec. 242. Review and assessment pertaining to transition of Department of Defense-originated dual-use technology.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Use of operational energy cost savings of Department of Defense.

Sec. 312. Use of proceeds from sales of electrical energy generated from geothermal resources.

Sec. 313. Energy resilience programs and activities.

Sec. 314. Native American Indian lands environmental mitigation program.

Sec. 315. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota.

Sec. 316. Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl substances for land-based applications of firefighting foam.

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

Sec. 319. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard.

Sec. 320. Budgeting of Department of Defense relating to extreme weather.

Sec. 321. Pilot program for availability of working-capital funds for increased combat capability through energy optimization.

Sec. 322. Report on efforts to reduce high energy intensity at military installations.

Sec. 323. Technical and grammatical corrections and repeal of obsolete provisions relating to energy.

Subtitle C—Logistics and Sustainment

Sec. 331. Requirement for memoranda of understanding between the Air Force and the Navy regarding depot maintenance.

Sec. 332. Modification to limitation on length of overseas forward deployment of naval vessels.

Subtitle D—Reports

Sec. 341. Report on modernization of Joint Pacific Alaska Range Complex.

Subtitle E—Other Matters

Sec. 351. Strategy to improve infrastructure of certain depots of the Department of Defense.

Sec. 352. Limitation on use of funds regarding the basing of KC–46A aircraft outside the continental United States.

Sec. 353. Prevention of encroachment on military training routes and military operations areas.

Sec. 354. Expansion and enhancement of authorities on transfer and adoption of military animals.

Sec. 355. Limitation on contracting relating to Defense Personal Property Program.

Sec. 356. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units.

Sec. 357. Extension of temporary installation reutilization authority for arsenals, depots, and plants.

Sec. 358. Clarification of food ingredient requirements for food or beverages provided by the Department of Defense.

Sec. 359. Technical correction to deadline for transition to Defense Readiness Reporting System Strategic.

TITLE IV—Military Personnel Authorizations

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Sec. 415. Authorized strengths for Marine Corps Reserves on active duty.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

Subtitle A—Officer Personnel Policy

Sec. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty.

Sec. 502. Maker of original appointments in a regular or reserve component of commissioned officers previously subject to original appointment in other type of component.

Sec. 503. Furnishing of adverse information on officers to promotion selection boards.

Sec. 504. Limitation on number of officers recommendable for promotion by promotion selection boards.

Sec. 505. Expansion of authority for continuation on active duty of officers in certain military specialties and career tracks.

Sec. 506. Higher grade in retirement for officers following reopening of determination or certification of retired grade.

Sec. 507. Availability on the Internet of certain information about officers serving in general or flag officer grades.

Subtitle B—Reserve Component Management

Sec. 511. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units.

Subtitle C—General Service Authorities

Sec. 515. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo matters.

Sec. 516. Repeal of requirement that parental leave be taken in one increment.

Sec. 517. Digital engineering as a core competency of the Armed Forces.

Sec. 518. Modification of notification on manning of afloat naval forces.

Sec. 519. Report on expansion of the Close Airman Support team approach of the Air Force to the other Armed Forces.

Subtitle D—Military Justice and Related Matters

PART I—Matters Relating to Investigation, Prosecution, and Defense of Sexual Assault Generally

Sec. 521. Department of Defense-wide policy and military department-specific programs on reinvigoration of the prevention of sexual assault involving members of the Armed Forces.

Sec. 522. Enactment and expansion of policy on withholding of initial disposition authority for certain offenses under the Uniform Code of Military Justice.

Sec. 523. Training for Sexual Assault Initial Disposition Authorities on exercise of disposition authority for sexual assault and collateral offenses.

Sec. 524. Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces.

Sec. 525. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault.

Sec. 526. 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. 527. Safe to report policy applicable across the Armed Forces.

Sec. 528. Report on expansion of Air Force safe to report policy across the Armed Forces.

Sec. 529. Proposal for separate punitive article in the Uniform Code of Military Justice on sexual harassment.

Sec. 530. Treatment of information in Catch a Serial Offender Program for certain purposes.

Sec. 531. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party communications.

Sec. 532. Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings.

Sec. 533. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces.

Sec. 534. Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 535. Independent reviews and assessments on race and ethnicity in the investigation, prosecution, and defense of sexual assault in the Armed Forces.

Sec. 536. Report on mechanisms to enhance the integration and synchronization of activities of Special Victim Investigation and Prosecution personnel with activities of military criminal investigative organizations.

Sec. 537. Comptroller General of the United States report on implementation by the Armed Forces of recent statutory requirements on sexual assault prevention and response in the military.

PART II—Special Victims' Counsel Matters

Sec. 541. Legal assistance by Special Victims' Counsel for victims of alleged domestic violence offenses.

Sec. 542. Other Special Victims' Counsel matters.

Sec. 543. Availability of Special Victims' Counsel at military installations.

Sec. 544. Training for Special Victims' Counsel on civilian criminal justice matters in the States of the military installations to which assigned.

PART III—Boards for Correction of Military Records and Discharge Review Board Matters

Sec. 546. Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces.

Sec. 547. Reduction in required number of members of discharge review boards.

Sec. 548. Enhancement of personnel on boards for the correction of military records and discharge review boards.

Sec. 549. Inclusion of intimate partner violence and spousal abuse among supporting rationales for certain claims for corrections of military records and discharge review.

Sec. 550. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims.

Sec. 551. 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. 552. Limitations and requirements in connection with separations for members of the Armed Forces who suffer from mental health conditions in connection with a sex-related, intimate partner violence-related, or spousal-abuse offense.

Sec. 553. Liberal consideration of evidence in certain claims by boards for the correction of military records and discharge review boards.

PART IV—Other Military Justice Matters

Sec. 555. Expansion of pre-referral matters reviewable by military judges and military magistrates in the interest of efficiency in military justice.

Sec. 556. Policies and procedures on registration at military installations of civilian protective orders applicable to members of the Armed Forces assigned to such installations and certain other individuals.

Sec. 557. Increase in number of digital forensic examiners for the military criminal investigative organizations.

Sec. 558. Survey of members of the Armed Forces on their experiences with military investigations and military justice.

Sec. 559. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system.

Sec. 560. Pilot programs on defense investigators in the military justice system.

Sec. 561. Report on military justice system involving alternative authority for determining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice.

Sec. 562. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system.

Sec. 563. Report on establishment of guardian ad litem program for certain military dependents who are a victim or witness of offenses under the Uniform Code of Military Justice involving abuse or exploitation.

Subtitle E—Member Education, Training, Transition, and Resilience

Sec. 566. Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations.

Sec. 567. Authority for detail of certain enlisted members of the Armed Forces as students at law schools.

Sec. 568. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities.

Subtitle F—Defense Dependents' Education and Military Family Readiness Matters

PART I—Defense Dependents' Education Matters

Sec. 571. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 572. Impact aid for children with severe disabilities.

Sec. 573. Ri’katak Guest Student Program at United States Army Garrison−Kwajalein Atoll.

PART II—Military Family Readiness Matters

Sec. 576. Two-year extension of authority for reimbursement for State licensure and certification costs of spouses of members of the Armed Forces arising from relocation to another State.

Sec. 577. Improvement of occupational license portability for military spouses through interstate compacts.

Sec. 578. Modification of responsibility of the Office of Special Needs for individualized service plans for members of military families with special needs.

Sec. 579. Clarifying technical amendment on direct hire authority for the Department of Defense for childcare services providers for Department child development centers.

Sec. 580. Pilot program on information sharing between Department of Defense and designated relatives and friends of members of the Armed Forces regarding the experiences and challenges of military service.

Sec. 581. Briefing on use of Family Advocacy Programs to address domestic violence.

Subtitle G—Decorations and Awards

Sec. 585. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam.

Sec. 586. Standardization of honorable service requirement for award of military decorations.

Sec. 587. Authority to award or present a decoration not previously recommended in a timely fashion following a review requested by Congress.

Sec. 588. Authority to make posthumous and honorary promotions and appointments following a review requested by Congress.

Subtitle H—Other Matters

Sec. 591. Military funeral honors matters.

Sec. 592. Inclusion of homeschooled students in Junior Reserve Officers' Training Corps units.

Sec. 593. Sense of Senate on the Junior Reserve Officers’ Training Corps.

TITLE VI—Compensation and Other Personnel Benefits

Subtitle A—Pay and Allowances

Sec. 601. Expansion of eligibility for exceptional transitional compensation for dependents to dependents of current members.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Extension of pilot program on a Government lodging program.

Sec. 622. Reinvestment of travel refunds by the Department of Defense.

Subtitle D—Disability Pay, Retired Pay, and Survivor Benefits

Sec. 631. Contributions to Department of Defense Military Retirement Fund based on pay costs per Armed Force rather than on Armed Forces-wide basis.

Sec. 632. Modification of authorities on eligibility for and replacement of gold star lapel buttons.

Subtitle E—Commissary and Non-Appropriated Fund Instrumentality Benefits and Operations

Sec. 641. Defense resale system matters.

Sec. 642. Treatment of fees on services provided as supplemental funds for commissary operations.

Sec. 643. Procurement by commissary stores of certain locally sourced products.

TITLE VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

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

Sec. 702. TRICARE payment options for retirees and their dependents.

Sec. 703. Lead level screening and testing for children.

Sec. 704. Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances.

Subtitle B—Health Care Administration

Sec. 711. Modification of organization of military health system.

Sec. 712. Support by military health system of medical requirements of combatant commands.

Sec. 713. Tours of duty of commanders or directors of military treatment facilities.

Sec. 714. Expansion of strategy to improve acquisition of managed care support contracts under TRICARE program.

Sec. 715. Establishment of regional medical hubs to support combatant commands.

Sec. 716. Monitoring of adverse event data on dietary supplement use by members of the Armed Forces.

Sec. 717. Enhancement of recordkeeping with respect to exposure by members of the Armed Forces to certain occupational and environmental hazards while deployed overseas.

Subtitle C—Reports and Other Matters

Sec. 721. Extension and clarification of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 722. Appointment of non-ex officio members of the Henry M. Jackson Foundation for the Advancement of Military Medicine.

Sec. 723. Officers authorized to command Army dental units.

Sec. 724. Establishment of Academic Health System in National Capital Region.

Sec. 725. Provision of veterinary services by veterinary professionals of the Department of Defense in emergencies.

Sec. 726. Five-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund.

Sec. 727. Pilot Program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System.

Sec. 728. Modification of requirements for longitudinal medical study on blast pressure exposure of members of the Armed Forces.

TITLE VIII—Acquisition policy, acquisition management, and related matters

Subtitle A—Contracting and acquisition provisions

Sec. 801. Pilot program on intellectual property evaluation for acquisition programs.

Sec. 802. Pilot program to use alpha contracting teams for complex requirements.

Sec. 803. Modification of written approval requirement for task and delivery order single contract awards.

Sec. 804. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 805. Modification of Director of Operational Test and Evaluation report.

Sec. 806. Department of Defense use of fixed-price contracts.

Sec. 807. Pilot program to accelerate contracting and pricing processes.

Sec. 808. Pilot program to streamline decision-making processes for weapon systems.

Sec. 809. Documentation of market research related to commercial item determinations.

Sec. 810. Modification to small purchase threshold exception to sourcing requirements for certain articles.

Subtitle B—Provisions relating to major defense acquisition programs

Sec. 821. Naval vessel certification required before Milestone B approval.

Subtitle C—Industrial base matters

Sec. 831. Modernization of acquisition processes to ensure integrity of industrial base.

Sec. 832. Assessment of precision-guided missiles for reliance on foreign-made microelectronic components.

Sec. 833. Mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors or subcontractors.

Sec. 834. Extension and revisions to Never Contract With the Enemy.

Subtitle D—Small Business Matters

Sec. 841. Reauthorization and improvement of Department of Defense Mentor-Protégé Program.

Sec. 842. Modification of justification and approval requirement for certain Department of Defense contracts.

Subtitle E—Provisions related to software-Driven capabilities

Sec. 851. Improved management of information technology and cyberspace investments.

Sec. 852. Special pathways for rapid acquisition of software applications and upgrades.

Subtitle F—Other Matters

Sec. 861. Notification of Navy procurement production disruptions.

Sec. 862. Modification to acquisition authority of the Commander of the United States Cyber Command.

Sec. 863. Prohibition on operation or procurement of foreign-made unmanned aircraft systems.

Sec. 864. Prohibition on contracting with persons that have business operations with the Maduro regime.

Sec. 865. Comptroller General of the United States report on Department of Defense efforts to combat human trafficking through procurement practices.

TITLE IX—Department of Defense Organization and Management

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

901. Headquarters activities of the Department of Defense matters.

902. Responsibility of Under Secretary of Defense for Acquisition and Sustainment for Procurement Technical Assistance Cooperative Agreement Program.

903. Return to Chief Information Officer of the Department of Defense of responsibility for business systems and related matters.

904. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Advisor.

905. Limitation on transfer of Strategic Capabilities Office.

Subtitle B—Organization and Management of Other Department of Defense Offices and Elements

911. Assistant Secretaries of the military departments for Energy, Installations, and Environment.

912. Repeal of conditional designation of Explosive Ordnance Disposal Corps as a basic branch of the Army.

Subtitle C—Other Matters

921. Exclusion from limitations on personnel in the Office of the Secretary of Defense and Department of Defense headquarters of fellows appointed under the John S. McCain Defense Fellows Program.

922. Report on resources to implement the civilian casualty policy of the Department of Defense.

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Modification of required elements of annual reports on emergency and extraordinary expenses of the Department of Defense.

Sec. 1003. Inclusion of military construction projects in annual reports on unfunded priorities of the Armed Forces and the combatant commands.

Sec. 1004. Prohibition on delegation of responsibility for submittal to Congress of Out-Year Unconstrained Total Munitions Requirements and Out-Year Inventory numbers.

Sec. 1005. Element in annual reports on the Financial Improvement and Audit Remediation Plan on activities with respect to classified programs.

Sec. 1006. Modification of semiannual briefings on the consolidated corrective action plan of the Department of Defense for financial management information.

Sec. 1007. Update of authorities and renaming of Department of Defense Acquisition Workforce Development Fund.

Subtitle B—Counterdrug Activities

Sec. 1011. Modification of authority to support a unified counterdrug and counterterrorism campaign in Colombia.

Sec. 1012. Two-year extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Subtitle C—Naval Vessels and Shipyards

Sec. 1016. Modification of authority to purchase vessels using funds in National Defense Sealift Fund.

Sec. 1017. Senior Technical Authority for each naval vessel class.

Sec. 1018. Permanent authority for sustaining operational readiness of Littoral Combat Ships on extended deployment.

Subtitle D—Counterterrorism

Sec. 1021. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.

Sec. 1022. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1023. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1024. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1025. Authority to transfer individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States temporarily for emergency or critical medical treatment.

Sec. 1026. Chief Medical Officer at United States Naval Station, Guantanamo Bay, Cuba.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1031. Clarification of authority of military commissions under chapter 47A of title 10, United States Code, to punish contempt.

Sec. 1032. Comprehensive Department of Defense policy on collective self-defense.

Sec. 1033. Oversight of Department of Defense execute orders.

Sec. 1034. Prohibition on ownership or trading of stocks in certain companies by Department of Defense officers and employees.

Sec. 1035. Policy regarding the transition of data and applications to the cloud.

Sec. 1036. Modernization of inspection authorities applicable to the National Guard and extension of inspection authority to the Chief of the National Guard Bureau.

Sec. 1037. Enhancement of authorities on forfeiture of Federal benefits by the National Guard.

Sec. 1038. Modernization of authorities on property and fiscal officers of the National Guard.

Sec. 1039. Limitation on placement by the Under Secretary of Defense for Personnel and Readiness of work with federally funded research and development centers.

Sec. 1040. Termination of requirement for Department of Defense facility access clearances for joint ventures composed of previously-cleared entities.

Sec. 1041. Designation of Department of Defense Strategic Arctic Ports.

Sec. 1042. Extension of National Security Commission on Artificial Intelligence.

Sec. 1043. Authority to transfer funds for Bien Hoa dioxin cleanup.

Sec. 1044. Limitation on use of funds to house children separated from parents.

Sec. 1045. Use of funds for defense of the Armed Forces and United States citizens against attack by foreign hostile forces.

Subtitle F—Studies and Reports

Sec. 1051. Modification of annual reporting requirements on defense manpower.

Sec. 1052. Report on Department of Defense efforts to implement a force planning process in support of implementation of the 2018 National Defense Strategy.

Sec. 1053. Extension of annual reports on civilian casualties in connection with United States military operations.

Sec. 1054. Report on joint force plan for implementation of strategies of the Department of Defense for the Arctic.

Sec. 1055. Report on use of Northern Tier bases in implementation of Arctic strategy of the United States.

Sec. 1056. Report on the Department of Defense plan for mass-casualty disaster response operations in the Arctic.

Sec. 1057. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for Emoluments Clause purposes.

Sec. 1058. Transmittal to Congress of requests for assistance received by the Department of Defense from other departments.

Sec. 1059. Semiannual report on Consolidated Adjudication Facility of the Defense Counterintelligence and Security Agency.

Sec. 1060 Comptroller General of the United States report on post-government employment of former Department of Defense officials.

Subtitle G—Treatment of Contaminated Water Near Military Installations

Sec. 1071. Short title.

Sec. 1072. Definitions.

Sec. 1073. Provision of water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes.

Sec. 1074. Acquisition of real property by Air Force.

Sec. 1075. Remediation plan.

Subtitle H—Other Matters

Sec. 1081. Revision to authorities relating to mail service for members of the Armed Forces and Department of Defense civilians overseas.

Sec. 1082. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces.

Sec. 1083. Guarantee of residency for spouses of members of uniformed services.

Sec. 1084. Extension of requirement for briefings on the national biodefense strategy.

Sec. 1085. Extension of National Commission on Military Aviation Safety.

TITLE XI—Civilian Personnel Matters

Sec. 1101. Modification of temporary assignments of Department of Defense employees to a private-sector organization.

Sec. 1102. Modification of number of available appointments for certain agencies under personnel management authority to attract experts in science and engineering.

Sec. 1103. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.

Sec. 1105. Reimbursement of Federal employees for Federal, State, and local income taxes incurred during travel, transportation, and relocation.

TITLE XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Extension of support of special operations for irregular warfare.

Sec. 1202. Extension of authority for cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations.

Sec. 1203. Two-year extension of program authority for Global Security Contingency Fund.

Sec. 1204. Modification of reporting requirement for use of funds for security cooperation programs and activities.

Sec. 1205. Institutional legal capacity building initiative for foreign defense forces.

Sec. 1206. Department of Defense support for stabilization activities in national security interest of the United States.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1212. Afghanistan Security Forces Fund.

Sec. 1213. Extension of Commanders' Emergency Response Program.

Sec. 1214. Extension and modification of reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1215. Support for reconciliation activities led by the Government of Afghanistan.

Sec. 1216. Sense of Senate on special immigrant visa program for Afghan allies.

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

Sec. 1221. Modification of authority to provide assistance to vetted Syrian groups.

Sec. 1222. Extension of authority and limitation on use of funds to provide assistance to counter the Islamic State of Iraq and Syria.

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

Sec. 1224. Coordinator of United States Government activities and matters in connection with detainees who are members of the Islamic State of Iraq and Syria.

Sec. 1225. Report on lessons learned from efforts to liberate Mosul and Raqqah from control of the Islamic State of Iraq and Syria.

Subtitle D—Matters relating to Europe and the Russian Federation

Sec. 1231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1232. Prohibition on use of funds for withdrawal of Armed Forces from Europe in the event of United States withdrawal from the North Atlantic Treaty.

Sec. 1233. Extension of limitation on military cooperation between the United States and the Russian Federation.

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

Sec. 1235. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises.

Sec. 1236. Limitation on transfer of F–35 aircraft to the Republic of Turkey.

Sec. 1237. Modifications of briefing, notification, and reporting requirements relating to non-compliance by the Russian Federation with its obligations under the INF Treaty.

Sec. 1238. Extension and modification of security assistance for Baltic nations for joint program for interoperability and deterrence against aggression.

Sec. 1239. Report on North Atlantic Treaty Organization Readiness Initiative.

Sec. 1240. Reports on contributions to the North Atlantic Treaty Organization.

Sec. 1241. Future years plans for European Deterrence Initiative.

Sec. 1242. Modification of reporting requirements relating to the Open Skies Treaty.

Sec. 1243. Report on nuclear weapons of the Russian Federation and nuclear modernization of the People's Republic of China.

Sec. 1244. Sense of Senate on the 70th anniversary of the North Atlantic Treaty Organization.

Sec. 1245. Sense of Senate on United States force posture in Europe and the Republic of Poland.

Sec. 1246. Sense of Senate on United States partnership with the Republic of Georgia.

Subtitle E—Matters relating to the Indo-Pacific region

Sec. 1251. Limitation on use of funds to reduce the total number of members of the Armed Forces in the territory of the Republic of Korea.

Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative.

Sec. 1253. Modification of annual report on military and security developments involving the People's Republic of China.

Sec. 1254. Report on resourcing United States defense requirements for the Indo-Pacific region.

Sec. 1255. Report on distributed lay-down of United States forces in the Indo-Pacific region.

Sec. 1256. Sense of Senate on the United States-Japan alliance and defense cooperation.

Sec. 1257. Sense of Senate on enhancement of the United States-Taiwan defense relationship.

Sec. 1258. Sense of Senate on United States-India defense relationship.

Sec. 1259. Sense of Senate on security commitments to the Governments of Japan and the Republic of Korea and trilateral cooperation among the United States, Japan, and the Republic of Korea.

Sec. 1260. Sense of Senate on enhanced cooperation with Pacific Island countries to establish open-source intelligence fusion centers in the Indo-Pacific region.

Sec. 1261. Sense of Senate on enhancing defense and security cooperation with the Republic of Singapore.

Subtitle F—Reports

Sec. 1271. Report on cost imposition strategy.

Subtitle G—Other matters

Sec. 1281. NATO Special Operations Headquarters.

Sec. 1282. Modifications of authorities relating to acquisition and cross-servicing agreements.

Sec. 1283. Modification of authority for United States-Israel anti-tunnel cooperation activities.

Sec. 1284. United States-Israel cooperation to counter unmanned aerial systems.

Sec. 1285. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats.

Sec. 1286. Independent assessment of human rights situation in Honduras.

Sec. 1287. United States Central Command posture review.

Sec. 1288. Reports on expenses incurred for in-flight refueling of Saudi coalition aircraft conducting missions relating to civil war in Yemen.

Sec. 1289. Sense of Senate on security concerns with respect to leasing arrangements for the Port of Haifa in Israel.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Funding allocations for Department of Defense Cooperative Threat Reduction Program.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical Agents and Munitions Destruction, Defense.

Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle B—National Defense Stockpile

Sec. 1411. Modification of prohibition on acquisition of sensitive materials from non-allied foreign nations.

Subtitle C—Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home.

Sec. 1422. Expansion of eligibility for residence at the Armed Forces Retirement Home.

Subtitle D—Other Matters

Sec. 1431. 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.

TITLE XV—Authorization of additional appropriations for overseas contingency operations

Subtitle A—Authorization of additional appropriations

Sec. 1501. Purpose.

Sec. 1502. Overseas contingency operations.

Sec. 1503. Procurement.

Sec. 1504. Research, development, test, and evaluation.

Sec. 1505. Operation and maintenance.

Sec. 1506. Military personnel.

Sec. 1507. Working capital funds.

Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.

Sec. 1509. Defense Inspector General.

Sec. 1510. Defense Health Program.

Subtitle B—Financial matters

Sec. 1521. Treatment as additional authorizations.

Sec. 1522. Special transfer authority.

TITLE XVI—Strategic programs, cyber, and intelligence matters

Subtitle A—Space Activities

PART I—United States Space Force

Sec. 1601. Assistant Secretary of Defense for Space Policy.

Sec. 1602. Principal Assistant to the Secretary of the Air Force for Space Acquisition and Integration.

Sec. 1603. Military space forces within the Air Force.

Sec. 1604. Redesignation of Air Force Space Command as United States Space Force.

Sec. 1605. Assignment of personnel to the National Reconnaissance Office for mission needs.

Sec. 1606. Report on establishment of position of Under Secretary of the Air Force for Space.

Sec. 1607. Report on enhanced integration of capabilities of the National Security Agency, the National Geospatial-Intelligence Agency, and the United States Space Command for joint operations.

Sec. 1608. Limitation on availability of funds.

PART II—Other space matters

Sec. 1611. Repeal of requirement to establish Space Command as a subordinate unified command of the United States Strategic Command.

Sec. 1612. Program to enhance and improve launch support and infrastructure.

Sec. 1613. Modification of enhancement of positioning, navigation, and timing capacity.

Sec. 1614. Modification of term of Commander of Air Force Space Command.

Sec. 1615. Annual report on Space Command and Control program.

Sec. 1616. Requirements for phase 2 of acquisition strategy for National Security Space Launch program.

Subtitle B—Defense intelligence and intelligence-related activities

Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence as Under Secretary of Defense for Intelligence and Security.

Sec. 1622. Repeal of certain requirements relating to integration of Department of Defense intelligence, surveillance, and reconnaissance capabilities.

Sec. 1623. Improving the onboarding methodology for certain intelligence personnel.

Sec. 1624. Defense Counterintelligence and Security Agency activities on facilitating access to local criminal records historical data.

Subtitle C—Cyberspace-related matters

Sec. 1631. Reorientation of Big Data Platform program.

Sec. 1632. Zero-based review of Department of Defense cyber and information technology personnel.

Sec. 1633. Study on improving cyber career paths in the Navy.

Sec. 1634. Framework to enhance cybersecurity of the United States defense industrial base.

Sec. 1635. Role of Chief Information Officer in improving enterprise-wide cybersecurity.

Sec. 1636. Quarterly assessments of the readiness of cyber forces.

Sec. 1637. Control and analysis of Department of Defense data stolen through cyberspace.

Sec. 1638. Accreditation standards and processes for cybersecurity and information technology products and services.

Sec. 1639. Extension of authorities for Cyberspace Solarium Commission.

Sec. 1640. Modification of elements of assessment required for termination of dual-hat arrangement for Commander of the United States Cyber Command.

Sec. 1641. Use of National Security Agency cybersecurity expertise to support acquisition of commercial cybersecurity products.

Sec. 1642. Study on future cyber warfighting capabilities of Department of Defense.

Sec. 1643. Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects.

Sec. 1644. Expansion of authority for access and information relating to cyberattacks on Department of Defense operationally critical contractors.

Sec. 1645. Briefing on memorandum of understanding relating to joint operational planning and control of cyber attacks of national scale.

Sec. 1646. Study to determine the optimal strategy for structuring and manning elements of the Joint Force Headquarters–Cyber organizations, Joint Mission Operations Centers, and Cyber Operations–Integrated Planning Elements.

Sec. 1647. Cyber governance structures and Principal Cyber Advisors on military cyber force matters.

Sec. 1648. Designation of test networks for testing and accreditation of cybersecurity products and services.

Sec. 1649. Consortia of universities to advise Secretary of Defense on cybersecurity matters.

Subtitle D—Nuclear Forces

Sec. 1661. Modification of authorities relating to nuclear command, control, and communications system.

Sec. 1662. Expansion of officials required to conduct biennial assessments of delivery platforms for nuclear weapons and nuclear command and control system.

Sec. 1663. Conforming amendment to Council on Oversight of the National Leadership Command, Control, and Communications System.

Sec. 1664. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

Sec. 1665. Briefing on long-range standoff weapon and sea-launched cruise missile.

Sec. 1666. Sense of the Senate on industrial base for Ground-Based Strategic Deterrent program.

Sec. 1667. Sense of the Senate on nuclear deterrence commitments of the United States.

Subtitle E—Missile defense programs

Sec. 1671. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.

Sec. 1672. Expansion of national missile defense policy and program redesignation.

Sec. 1673. Acceleration of the deployment of persistent space-based sensor architecture.

Sec. 1674. Nonstandard acquisition processes of Missile Defense Agency.

Sec. 1675. Plan for the Redesigned Kill Vehicle.

Sec. 1676. Report on improving ground-based midcourse defense element of ballistic missile defense system.

Sec. 1677. Sense of the Senate on recent Missile Defense Agency tests.

Sec. 1678. Sense of the Senate on missile defense technology development priorities.

Sec. 1679. Publication of environmental impact statement prepared for certain potential future missile defense sites.

Subtitle F—Other matters

Sec. 1681. Matters relating to military operations in the information environment.

Sec. 1682. Extension of authorization for protection of certain facilities and assets from unmanned aircraft.

Sec. 1683. Hard and deeply buried targets.

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 project.

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.

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 authority to carry out certain fiscal year 2015 project.

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. Additional authority to carry out certain fiscal year 2018 projects.

Sec. 2309. Modification of authority to carry out certain fiscal year 2019 projects.

TITLE XXIV—Defense Agencies military construction

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV—International programs

Subtitle A—North Atlantic Treaty Organization Security Investment Program

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI—Guard and Reserve Forces facilities

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

TITLE XXVII—Base realignment and closure activities

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.

Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.

TITLE XXVIII—Military construction general provisions

Subtitle A—Military Construction Program

Sec. 2801. Military installation resilience plans and projects of Department of Defense.

Sec. 2802. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack.

Sec. 2803. Prohibition on use of funds to close or return to the host nation any existing air base.

Sec. 2804. Increased authority for certain unspecified minor military construction projects.

Sec. 2805. Technical corrections and improvements to installation resilience.

Subtitle B—Land Conveyances

Sec. 2811. Release of interests retained in Camp Joseph T. Robinson, Arkansas, for use of such land as a veterans cemetery.

Sec. 2812. Transfer of administrative jurisdiction over certain parcels of Federal land in Arlington, Virginia.

Sec. 2813. Modification of requirements relating to land acquisition in Arlington County, Virginia.

Sec. 2814. White Sands Missile Range Land Enhancements.

Subtitle C—Other Matters

Sec. 2821. Equal treatment of insured depository institutions and credit unions operating on military installations.

Sec. 2822. Expansion of temporary authority for acceptance and use of contributions for certain construction, maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

Sec. 2823. Designation of Sumpter Smith Joint National Guard Base.

Sec. 2824. Prohibition on use of funds to privatize temporary lodging on installations of Department of Defense.

Sec. 2825. Pilot program to extend service life of roads and runways under the jurisdiction of the Secretaries of the military departments.

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. Disaster recovery projects.

Sec. 2906. Replenishment of certain military constructions funds.

Sec. 2907. Authorization of appropriations.

TITLE XXX—Military housing privatization reform

Sec. 3001. Definitions.

Subtitle A—Accountability and Oversight

Sec. 3011. Tenant bill of rights for privatized military housing.

Sec. 3012. Designation of Chief Housing Officer for privatized military housing.

Sec. 3013. Command oversight of military privatized housing as element of performance evaluations.

Sec. 3014. Consideration of history of landlord in contract renewal process for privatized military housing.

Sec. 3015. Treatment of breach of contract for privatized military housing.

Sec. 3016. Uniform code of basic standards for privatized military housing and plan to conduct inspections and assessments.

Sec. 3017. Repeal of supplemental payments to lessors and requirement for use of funds in connection with the Military Housing Privatization Initiative.

Sec. 3018. Standard for common credentials for health and environmental inspectors of privatized military housing.

Sec. 3019. Improvement of privatized military housing.

Sec. 3020. Access to maintenance work order system of landlords of privatized military housing.

Sec. 3021. Access by tenants of privatized military housing to work order system of landlord.

Subtitle B—Prioritizing Families

Sec. 3031. Dispute resolution process for landlord-tenant disputes regarding privatized military housing and requests to withhold payments.

Sec. 3032. Suspension of Resident Energy Conservation Program.

Sec. 3033. Access by tenants to historical maintenance information for privatized military housing.

Sec. 3034. Prohibition on use of call centers outside the United States for maintenance calls by tenants of privatized military housing.

Sec. 3035. Radon testing for privatized military housing.

Sec. 3036. Expansion of windows covered by requirement to use window fall prevention devices in privatized military housing.

Sec. 3037. Requirements relating to move out and maintenance with respect to privatized military housing.

Subtitle C—Long-Term Quality Assurance

Sec. 3041. Development of standardized documentation, templates, and forms for privatized military housing.

Sec. 3042. Council on privatized military housing.

Sec. 3043. Requirements relating to management of privatized military housing.

Sec. 3044. Requirements relating to contracts for privatized military housing.

Sec. 3045. Withholding of incentive fees for landlords of privatized military housing for failure to remedy a health or environmental hazard.

Sec. 3046. Expansion of direct hire authority for Department of Defense for childcare services providers for Department child development centers to include direct hire authority for installation military housing office personnel.

Sec. 3047. Plan on establishment of Department of Defense jurisdiction over off-base privatized military housing.

Subtitle D—Other Housing Matters

Sec. 3051. Lead-based paint testing and reporting.

Sec. 3052. Satisfaction survey for tenants of military housing.

Sec. 3053. Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing.

Sec. 3054. Mitigation of risks posed by certain items in military family housing units.

Sec. 3055. Technical correction to certain payments for lessors of privatized military housing.

Sec. 3056. Pilot program to build and monitor use of single family homes.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Technical corrections to National Nuclear Security Administration Act and Atomic Energy Defense Act.

Sec. 3112. National Nuclear Security Administration Personnel System.

Sec. 3113. Contracting, program management, scientific, engineering, and technical positions at National Nuclear Security Administration.

Sec. 3114. Prohibition on use of laboratory-directed research and development funds for general and administrative overhead costs.

Sec. 3115. Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium.

Subtitle C—Plans and Reports

Sec. 3121. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders.

Sec. 3122. Extension of suspension of certain assessments relating to nuclear weapons stockpile.

Sec. 3123. Repeal of requirement for review relating to enhanced procurement authority.

Sec. 3124. Determination of effect of treaty obligations with respect to producing tritium.

Sec. 3125. Assessment of high energy density physics.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Improvement of management and organization of Defense Nuclear Facilities Safety Board.

Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Maritime Administration.

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.

DIVISION E—Additional Provisions

TITLE LI—Procurement

Sec. 5101. Briefing on plans to increase readiness of B–1 bomber aircraft.

Sec. 5126. Limitation on availability of funds for the Littoral Combat Ship.

Sec. 5151. Limitation on availability of funds for communications systems lacking certain resiliency features.

TITLE LII—Research, Development, Test, and Evaluation

Sec. 5201. Energetics plan.

Sec. 5202. Amendments to research project transaction authorities to eliminate cost-sharing requirements and reduce burdens on use.

Sec. 5203. Comparative capabilities of adversaries in artificial intelligence.

Sec. 5204. Additional amounts for research, development, test, and evaluation.

Sec. 5205. Briefing on explainable artificial intelligence.

Sec. 5206. Administration of centers for manufacturing innovation funded by the Department of Defense.

Sec. 5207. Commercial edge computing technologies and best practices for Department of Defense warfighting systems.

Sec. 5211. Development and acquisition strategy to procure secure, low probability of detection data link network capability.

Sec. 5213. Limitation and report on Indirect Fire Protection Capability Increment 2 enduring capability.

TITLE LIII—Operation and Maintenance

Sec. 5301. Life cycle sustainment annual report for major weapon systems of the Department of Defense.

Sec. 5302. Sense of Senate on prioritizing survivable logistics for the Department of Defense.

Sec. 5303. Plan on sustainment of Rough Terrain Container Handler fleets.

Sec. 5304. Requirement to include foreign language proficiency in readiness reporting systems of Department of Defense.

Sec. 5305. Monitoring of noise from flights and training of EA–18G Growlers associated with Naval Air Station Whidbey Island.

Sec. 5306. Sense of Congress on restoration of Tyndall Air Force Base.

Sec. 5318. Cooperative agreements with States to address contamination by perfluoralkyl and polyflruoroalkyl substances.

Sec. 5352. Limitation on use of funds regarding the basing of KC–46A aircraft outside the continental United States.

TITLE LIV—Military Personnel Authorizations

Sec. 5401. Modification of authorized strength of Air Force Reserve serving on full-time reserve component duty for administration of the reserves or the National Guard.

TITLE LV—Military Personnel Policy

Sec. 5501. Annual State report card.

Sec. 5502. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deployment overseas.

Sec. 5503. Study on two-way military ballot barcode tracking.

Sec. 5504. Sense of Senate on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States.

Sec. 5505. Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces.

Sec. 5506. Personnel tempo of the Armed Forces and the United States Special Operations Command during periods of inapplicability of high-deployment limitations.

Sec. 5507. Report and briefing on the Senior Reserve Officers' Training Corps.

Sec. 5508. Report on suicide prevention programs and activities for members of the Armed Forces and their families.

Sec. 5509. Sense of Congress on local performance of military accession physicals.

Sec. 5510. Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades.

Sec. 5546. Boards for Correction of Military Records and Discharge Review Board matters.

Sec. 5585. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam.

Sec. 5587. Authority to award or present a decoration not previously recommended in a timely fashion following a review requested by Congress.

TITLE LVI—Compensation and Other Personnel Benefits

Sec. 5601. Inclusion of certain veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs.

Sec. 5602. Report on extension to members of the reserve components of the Armed Forces of special and incentive pays for members of the Armed Forces not currently payable to members of the reserve components.

Sec. 5642. Treatment of fees of service provided as supplemental funds for commissary operations.

TITLE LVII—Health Care Provisions

Sec. 5701. Contraceptive parity under the TRICARE program.

Sec. 5702. Exposure to open burn pits and toxic airborne chemicals as part of periodic health assessments and other physical examinations.

Sec. 5703. Preservation of resources of the Army Medical Research and Materiel Command and treatment of realignment of such command.

TITLE LVIII—Acquisition Policy, Acquisition Management, and Related Matters

Sec. 5801. Report on contracts with entities affiliated with the Government of the People's Republic of China or the Chinese Communist Party.

Sec. 5802. Documentation of market research related to commercial item determinations.

Sec. 5803. Analysis of alternatives pursuant to materiel development decisions.

TITLE LIX—Department of Defense Organization and Management

Sec. 5901. Institutionalization within Department of Defense of responsibilities and authorities of the Chief Management Officer.

Sec. 5902. Allocation of former responsibilities of the Under Secretary of Defense for Acquisition, Technology, and Logistics.

TITLE LX—General Matters

Sec. 6001. Utilizing significant emissions with innovative technologies.

Sec. 6002. Reporting regarding cancelled appropriations.

Sec. 6003. Inclusion of progress of the Department of Defense in achieving auditable financial statements in annual reports on the Financial Improvement and Audit Remediation Plan.

Sec. 6004. Exemption from calculation of monthly income, for purposes of bankruptcy laws, certain payments from the Department of Veterans Affairs and the Department of Defense.

Sec. 6005. Silver Star Service Banner Day.

Sec. 6006. Electromagnetic pulses and geomagnetic disturbances.

Sec. 6007. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service.

Sec. 6008. Improvements to Network for Manufacturing Innovation Program.

Sec. 6009. Regional innovation program.

Sec. 6010. Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents.

Sec. 6011. Comptroller General of the United States report on the effects of continuing resolutions on readiness and planning of the Department of Defense.

Sec. 6012. Integrated public alert and warning system.

Sec. 6013. Report on impact of Liberian nationals on the national security, foreign policy, and economic and humanitarian interests of the United States and a justification for adjustment of status of qualifying Liberians to that of lawful permanent residents.

Sec. 6014. Improving quality of information in background investigation request packages.

Sec. 6015. Limitation on certain rolling stock procurements; cybersecurity certification for rail rolling stock and operations.

Sec. 6016. Sense of Congress on the naming of a naval vessel in honor of Senior Chief Petty Officer Shannon Kent.

Sec. 6017. Authorization of appropriations for Defense Production Act of 1950.

Sec. 6018. Investment in supply chain security under Defense Production Act of 1950.

Sec. 6019. Aviation workforce development.

Sec. 6020. Little Shell Tribe of Chippewa Indians of Montana.

Sec. 6021. Pensacola dam and reservoir, Grand River, Oklahoma.

TITLE LXII—Matters Relating to Foreign Nations

Sec. 6201. Statement of policy and sense of Senate on Mutual Defense Treaty with the Republic of the Philippines.

Sec. 6202. Sense of Senate on enhanced cooperation with Pacific Island countries to establish open-source intelligence fusion centers in the Indo-Pacific region.

Sec. 6203. Two-year extension of program authority for Global Security Contingency Fund.

Sec. 6204. Repeal of prohibition on transfer of articles on the United States munitions list to the Republic of Cyprus.

Sec. 6205. United States-India defense cooperation in the Western Indian Ocean.

Sec. 6206. Expansion of availability of financial assets of Iran to victims of terrorism.

Sec. 6207. Report on export of certain satellites to entities with certain beneficial ownership structures.

Sec. 6208. Sense of Congress on Hong Kong port visits.

Sec. 6209. Sense of Congress on policy toward Hong Kong.

Sec. 6210. Extension and modification of limitation on military cooperation between the United States and the Russian Federation.

Sec. 6211. Review and report on obligations of the United States under Taiwan Relations Act.

Sec. 6212. Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales.

Sec. 6213. North Atlantic Treaty Organization Joint Forces Command.

Sec. 6214. Report on military activities of the Russian Federation and the People's Republic of China in the Arctic region.

Sec. 6215. Efforts to ensure meaningful participation of Afghan women in peace negotiations in Afghanistan.

Sec. 6216. Updated strategy to counter the threat of malign influence by the Russian Federation and other countries.

Sec. 6217. Modification of semiannual report on enhancing security and stability in Afghanistan.

Sec. 6218. Sense of Congress on acquisition by Turkey of S–400 air defense system.

Sec. 6219. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats.

Sec. 6231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 6236. Limitation on transfer of F–35 aircraft to the Republic of Turkey.

TITLE LXIV—Other Authorizations

Sec. 6401. Assessment of rare earth supply chain issues.

Sec. 6422. Expansion of eligibility for residence at the Armed Force Retirement Home.

TITLE LXV—Authorization of Additional Appropriations for Overseas Contingency Operations

Subtitle A—General Provisions

Sec. 6501. Review of Joint Improvised-Threat Defeat Organization research relating to humanitarian demining efforts.

Subtitle B—Inspectors General Matters

Sec. 6511. Establishment of lead Inspector General for an overseas contingency operation based on Secretary of Defense notification.

Sec. 6512. Clarification of authority of Inspectors General for overseas contingency operations.

Sec. 6513. Employment status of annuitants for Inspectors General for overseas contingency operations.

TITLE LXVI—Strategic Programs, Cyber, and Intelligence Matters

Sec. 6601. Annual report on development of ground-based strategic deterrent weapon.

Sec. 6602. Sense of Senate on support for a robust and modern ICBM force to maximize the value of the nuclear triad of the United States.

Sec. 6603. Reports by military departments on operation of conventional forces under employment or threat of employment of nuclear weapons.

Sec. 6604. Reports by United States European Command and United States Indo-Pacific Command on operation of certain conventional forces under employment or threat of employment of nuclear weapons.

Sec. 6605. Joint assessment of Department of Defense cyber red team capabilities, capacity, demand, and requirements.

Sec. 6606. Report on the expanded purview of the Defense Counterintelligence and Security Agency.

Sec. 6664. Prohibition on reduction of the intercontinental ballistic missiles of the United States.

TITLE LXVII—PFAS Release Disclosure, Detection, and Safe Drinking Water Assistance

Sec. 6701. Definition of Administrator.

Subtitle A—PFAS Release Disclosure

Sec. 6711. Additions to toxics release inventory.

Subtitle B—Drinking Water

Sec. 6721. National primary drinking water regulations for PFAS.

Sec. 6722. Monitoring and detection.

Sec. 6723. Enforcement.

Sec. 6724. Drinking water state revolving funds.

Subtitle C—PFAS Detection

Sec. 6731. Definitions.

Sec. 6732. Performance standard for the detection of perfluorinated compounds.

Sec. 6733. Nationwide sampling.

Sec. 6734. Data usage.

Sec. 6735. Collaboration.

Sec. 6736. Authorization of appropriations.

Subtitle D—Safe Drinking Water Assistance

Sec. 6741. Definitions.

Sec. 6742. Research and coordination plan for enhanced response on emerging contaminants.

Subtitle E—Miscellaneous

Sec. 6751. PFAS data call.

Sec. 6752. Significant new use rule for long-chain PFAS.

Sec. 6753. PFAS destruction and disposal guidance.

Sec. 6754. PFAS research and development.

TITLE LXVIII—Sanctions with respect to foreign traffickers of illicit synthetic opioids

Sec. 6801. Short title.

Sec. 6802. Findings.

Sec. 6803. Sense of Congress.

Sec. 6804. Definitions.

Subtitle A—Sanctions with Respect to Foreign Opioid Traffickers

Sec. 6811. Identification of foreign opioid traffickers.

Sec. 6812. Sense of Congress on international opioid control regime.

Sec. 6813. Imposition of sanctions.

Sec. 6814. Description of sanctions.

Sec. 6815. Waivers.

Sec. 6816. Procedures for judicial review of classified information.

Sec. 6817. Briefings on implementation.

Sec. 6818. Inclusion of additional material in International Narcotics Control Strategy Report.

Subtitle B—Commission on Combating Synthetic Opioid Trafficking

Sec. 6821. Commission on combating synthetic opioid trafficking.

Subtitle C—Other Matters

Sec. 6831. Director of National Intelligence program on use of intelligence resources in efforts to sanction foreign opioid traffickers.

Sec. 6832. Department of Defense funding.

Sec. 6833. Department of State funding.

Sec. 6834. Department of the Treasury funding.

Sec. 6835. Termination.

Sec. 6836. Exception relating to importation of goods.

Sec. 6837. Appropriate committees of Congress defined.

TITLE LXIX—Otto Warmbier Banking Restrictions Involving North Korea Act of 2019

Sec. 6901. Short title.

Subtitle A—Sanctions with respect to North Korea

Sec. 6911. Findings.

Sec. 6912. Sense of Congress.

Sec. 6913. Definitions.

PART I—Expansion of sanctions and related matters

Sec. 6921. Sanctions with respect to foreign financial institutions that provide financial services to certain sanctioned persons.

Sec. 6922. Extension of applicability period of proliferation prevention sanctions.

Sec. 6923. Sense of Congress on identification and blocking of property of North Korean officials.

Sec. 6924. Modification of report on implementation of United Nations Security Council resolutions by other governments.

Sec. 6925. Report on use by the Government of North Korea of beneficial ownership rules to access the international financial system.

PART II—Congressional review and oversight

Sec. 6931. Notification of termination or suspension of sanctions.

Sec. 6932. Reports on certain licensing actions.

Sec. 6933. Briefings on implementation and enforcement of sanctions.

Sec. 6934. Report on financial networks and financial methods of the Government of North Korea.

Sec. 6935. Report on countries of concern with respect to transshipment, reexportation, or diversion of certain items to North Korea.

PART III—General matters

Sec. 6941. Rulemaking.

Sec. 6942. Authority to consolidate reports.

Sec. 6943. Waivers, exemptions, and termination.

Sec. 6944. Procedures for review of classified information.

Sec. 6945. Briefing on resourcing of sanctions programs.

Sec. 6946. Briefing on proliferation financing.

Subtitle B—Divestment from North Korea

Sec. 6951. Authority of State and local governments to divest from companies that invest in North Korea.

Sec. 6952. Safe harbor for changes of investment policies by asset managers.

Sec. 6953. Sense of Congress regarding certain ERISA plan investments.

Sec. 6954. Rule of construction.

Subtitle C—Financial industry guidance to halt trafficking

Sec. 6961. Short title.

Sec. 6962. Findings.

Sec. 6963. Sense of Congress.

Sec. 6964. Coordination of human trafficking issues by the Office of Terrorism and Financial Intelligence.

Sec. 6965. Strengthening the role of anti-money laundering and other financial tools in combating human trafficking.

Sec. 6966. Sense of Congress on resources to combat human trafficking.

TITLE LXXVIII—Military Construction General Provisions

Sec. 7801. Prioritization of projects in annual report on unfunded requirements for laboratory military construction projects.

Sec. 7802. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack.

Sec. 7803. Prohibition on use of funds to close or return to the host national any existing air base.

Sec. 7804. Report on unfunded requirements for major and minor military construction projects for child development centers of the Department of Defense and increase of maximum amounts for such minor projects.

Sec. 7805. Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California.

TITLE LXXXI—Department of Energy National Security Programs

Sec. 8101. Implementation of common financial reporting system for nuclear security enterprise.

Sec. 8102. Modification to certain requirements relating to plutonium pit production capacity.

TITLE LXXXII—Defense Nuclear Facilities Safety Board

Sec. 8202. Membership of Defense Nuclear Facilities Safety Board.

TITLE LXXXV—Maritime Administration

Sec. 8500. Ineffectiveness of title XXXV.

Sec. 8501. Short title.

Subtitle A—Maritime Administration

Sec. 8511. Authorization of the Maritime Administration.

Sec. 8512. Maritime Security Program.

Sec. 8513. Department of Transportation Inspector General Report.

Sec. 8514. Appointment of candidates attending sponsored preparatory school.

Sec. 8515. Independent study on the United States Merchant Marine Academy.

Sec. 8516. General support program.

Sec. 8517. Military to mariner.

Sec. 8518. Salvage recoveries of federally owned cargoes.

Sec. 8519. Salvage recoveries for subrogated ownership of vessels and cargoes.

Sec. 8520. Port operations, research, and technology.

Sec. 8521. Assessment and report on strategic seaports.

Sec. 8522. Maritime technical assistance program.

Sec. 8523. Requirement for small shipyard grantees.

Sec. 8524. Improvement of National Oceanographic Partnership Program.

Sec. 8525. Improvements to the maritime guaranteed loan program.

Sec. 8526. Technical corrections.

Sec. 8527. United States Merchant Marine Academy’s Sexual Assault Prevention and Response program.

Sec. 8528. Report on vessels for emerging offshore energy infrastructure.

Subtitle B—Maritime SAFE Act

Sec. 8531. Short titles.

Sec. 8532. Definitions.

Sec. 8533. Purposes.

Sec. 8534. Statement of policy.

PART I—Programs to combat IUU fishing and increase maritime security

Sec. 8541. Coordination with international organizations.

Sec. 8542. Engagement of diplomatic missions of the United States.

Sec. 8543. Assistance by Federal agencies to improve law enforcement within priority regions and priority flag states.

Sec. 8544. Expansion of existing mechanisms to combat IUU fishing.

Sec. 8545. Improvement of transparency and traceability programs.

Sec. 8546. Technology programs.

Sec. 8547. Savings clause.

PART II—Establishment of interagency working group on IUU fishing

Sec. 8551. Interagency Working Group on IUU Fishing.

Sec. 8552. Strategic plan.

Sec. 8553. Reports.

Sec. 8554. Gulf of Mexico IUU Fishing Subworking Group.

PART III—Combating human trafficking in connection with the catching and processing of seafood products

Sec. 8561. Finding.

Sec. 8562. Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking.

Sec. 8563. Human trafficking in the seafood supply chain report.

PART IV—Authorization of appropriations

Sec. 8571. Authorization of appropriations.

Sec. 8572. Accounting of funds.

DIVISION F—Intelligence authorizations for fiscal year 2020

Sec. 9001. Short title.

Sec. 9002. Definitions.

TITLE XCI—Intelligence activities

Sec. 9101. Authorization of appropriations.

Sec. 9102. Classified schedule of authorizations.

Sec. 9103. Intelligence community management account.

TITLE XCII—Central intelligence agency retirement and disability system

Sec. 9201. Authorization of appropriations.

TITLE XCIII—Intelligence community matters

Subtitle A—General intelligence community matters

Sec. 9301. Restriction on conduct of intelligence activities.

Sec. 9302. Increase in employee compensation and benefits authorized by law.

Sec. 9303. Improving the onboarding methodology for certain intelligence personnel.

Sec. 9304. Intelligence community public-private talent exchange.

Sec. 9305. Expansion of scope of protections for identities of covert agents.

Sec. 9306. Inclusion of security risks in program management plans required for acquisition of major systems in National Intelligence Program.

Sec. 9307. Paid parental leave.

Subtitle B—Office of the Director of National Intelligence

Sec. 9311. Exclusivity, consistency, and transparency in security clearance procedures.

Sec. 9312. Limitation on transfer of National Intelligence University.

Sec. 9313. Improving visibility into the security clearance process.

Sec. 9314. Making certain policies and execution plans relating to personnel clearances available to industry partners.

Subtitle C—Inspector General of the Intelligence Community

Sec. 9321. Definitions.

Sec. 9322. Inspector General external review panel.

Sec. 9323. Harmonization of whistleblower processes and procedures.

Sec. 9324. Intelligence community oversight of agency whistleblower actions.

Sec. 9325. Report on cleared whistleblower attorneys.

TITLE XCIV—Reports and other matters

Sec. 9401. Study on foreign employment of former personnel of intelligence community.

Sec. 9402. Comprehensive economic assessment of investment in key United States technologies by companies or organizations linked to China.

Sec. 9403. Analysis of and periodic briefings on major initiatives of intelligence community in artificial intelligence and machine learning.

Sec. 9404. Encouraging cooperative actions to detect and counter foreign influence operations.

Sec. 9405. Oversight of foreign influence in academia.

Sec. 9406. Director of National Intelligence report on fifth-generation wireless network technology.

Sec. 9407. Annual report by Comptroller General of the United States on cybersecurity and surveillance threats to Congress.

Sec. 9408. Director of National Intelligence assessment of foreign interference in elections.

Sec. 9409. Study on feasibility and advisability of establishing Geospatial-Intelligence Museum and learning center.

Sec. 9410. Report on death of Jamal Khashoggi.

DIVISION G—Intelligence Authorizations for Fiscal Years 2018 and 2019

Sec. 10001. Short title.

Sec. 10002. Definitions.

TITLE CI—Intelligence activities

Sec. 10101. Authorization of appropriations.

Sec. 10102. Classified Schedule of Authorizations.

Sec. 10103. Intelligence Community Management Account.

TITLE CII—Central Intelligence Agency Retirement and Disability System

Sec. 10201. Authorization of appropriations.

Sec. 10202. Computation of annuities for employees of the Central Intelligence Agency.

TITLE CIII—General intelligence community matters

Sec. 10301. Restriction on conduct of intelligence activities.

Sec. 10302. Increase in employee compensation and benefits authorized by law.

Sec. 10303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions.

Sec. 10304. Modification of appointment of Chief Information Officer of the Intelligence Community.

Sec. 10305. Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule.

Sec. 10306. Supply Chain and Counterintelligence Risk Management Task Force.

Sec. 10307. Consideration of adversarial telecommunications and cybersecurity infrastructure when sharing intelligence with foreign governments and entities.

Sec. 10308. Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack.

Sec. 10309. Modification of authority relating to management of supply-chain risk.

Sec. 10310. Limitations on determinations regarding certain security classifications.

Sec. 10311. Joint Intelligence Community Council.

Sec. 10312. Intelligence community information technology environment.

Sec. 10313. Report on development of secure mobile voice solution for intelligence community.

Sec. 10314. Policy on minimum insider threat standards.

Sec. 10315. Submission of intelligence community policies.

Sec. 10316. Expansion of intelligence community recruitment efforts.

TITLE CIV—Matters relating to elements of the intelligence community

Subtitle A—Office of the Director of National Intelligence

Sec. 10401. Authority for protection of current and former employees of the Office of the Director of National Intelligence.

Sec. 10402. Designation of the program manager-information sharing environment.

Sec. 10403. Technical modification to the executive schedule.

Sec. 10404. Chief Financial Officer of the Intelligence Community.

Sec. 10405. Chief Information Officer of the Intelligence Community.

Subtitle B—Central Intelligence Agency

Sec. 10411. Central Intelligence Agency subsistence for personnel assigned to austere locations.

Sec. 10412. Expansion of security protective service jurisdiction of the Central Intelligence Agency.

Sec. 10413. Repeal of foreign language proficiency requirement for certain senior level positions in the Central Intelligence Agency.

Subtitle C—Office of Intelligence and Counterintelligence of Department of Energy

Sec. 10421. Consolidation of Department of Energy Offices of Intelligence and Counterintelligence.

Sec. 10422. Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement.

Subtitle D—Other elements

Sec. 10431. Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community.

Sec. 10432. Notice not required for private entities.

Sec. 10433. Framework for roles, missions, and functions of Defense Intelligence Agency.

Sec. 10434. Establishment of advisory board for National Reconnaissance Office.

Sec. 10435. Collocation of certain Department of Homeland Security personnel at field locations.

TITLE CV—Election matters

Sec. 10501. Report on cyber attacks by foreign governments against United States election infrastructure.

Sec. 10502. Review of intelligence community's posture to collect against and analyze Russian efforts to influence the Presidential election.

Sec. 10503. Assessment of foreign intelligence threats to Federal elections.

Sec. 10504. Strategy for countering Russian cyber threats to United States elections.

Sec. 10505. Assessment of significant Russian influence campaigns directed at foreign elections and referenda.

Sec. 10506. Foreign counterintelligence and cybersecurity threats to Federal election campaigns.

Sec. 10507. Information sharing with State election officials.

Sec. 10508. Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices.

Sec. 10509. Designation of counterintelligence officer to lead election security matters.

TITLE CVI—Security clearances

Sec. 10601. Definitions.

Sec. 10602. Reports and plans relating to security clearances and background investigations.

Sec. 10603. Improving the process for security clearances.

Sec. 10604. Goals for promptness of determinations regarding security clearances.

Sec. 10605. Security Executive Agent.

Sec. 10606. Report on unified, simplified, Governmentwide standards for positions of trust and security clearances.

Sec. 10607. Report on clearance in person concept.

Sec. 10608. Budget request documentation on funding for background investigations.

Sec. 10609. Reports on reciprocity for security clearances inside of departments and agencies.

Sec. 10610. Intelligence community reports on security clearances.

Sec. 10611. Periodic report on positions in the intelligence community that can be conducted without access to classified information, networks, or facilities.

Sec. 10612. Information sharing program for positions of trust and security clearances.

Sec. 10613. Report on protections for confidentiality of whistleblower-related communications.

TITLE CVII—Reports and other matters

Subtitle A—Matters relating to Russia and other foreign powers

Sec. 10701. Limitation relating to establishment or support of cybersecurity unit with the Russian Federation.

Sec. 10702. Report on returning Russian compounds.

Sec. 10703. Assessment of threat finance relating to Russia.

Sec. 10704. Notification of an active measures campaign.

Sec. 10705. Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States.

Sec. 10706. Report on outreach strategy addressing threats from United States adversaries to the United States technology sector.

Sec. 10707. Report on Iranian support of proxy forces in Syria and Lebanon.

Sec. 10708. Annual report on Iranian expenditures supporting foreign military and terrorist activities.

Sec. 10709. Expansion of scope of committee to counter active measures and report on establishment of Foreign Malign Influence Center.

Subtitle B—Reports

Sec. 10711. Technical correction to Inspector General study.

Sec. 10712. Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security.

Sec. 10713. Report on cyber exchange program.

Sec. 10714. Review of intelligence community whistleblower matters.

Sec. 10715. Report on role of Director of National Intelligence with respect to certain foreign investments.

Sec. 10716. Report on surveillance by foreign governments against United States telecommunications networks.

Sec. 10717. Biennial report on foreign investment risks.

Sec. 10718. Modification of certain reporting requirement on travel of foreign diplomats.

Sec. 10719. Semiannual reports on investigations of unauthorized disclosures of classified information.

Sec. 10720. Congressional notification of designation of covered intelligence officer as persona non grata.

Sec. 10721. Reports on intelligence community participation in vulnerabilities equities process of Federal Government.

Sec. 10722. Inspectors General reports on classification.

Sec. 10723. Reports on global water insecurity and national security implications and briefing on emerging infectious disease and pandemics.

Sec. 10724. Annual report on memoranda of understanding between elements of intelligence community and other entities of the United States Government regarding significant operational activities or policy.

Sec. 10725. Study on the feasibility of encrypting unclassified wireline and wireless telephone calls.

Sec. 10726. Modification of requirement for annual report on hiring and retention of minority employees.

Sec. 10727. Reports on intelligence community loan repayment and related programs.

Sec. 10728. Repeal of certain reporting requirements.

Sec. 10729. Inspector General of the Intelligence Community report on senior executives of the Office of the Director of National Intelligence.

Sec. 10730. Briefing on Federal Bureau of Investigation offering permanent residence to sources and cooperators.

Sec. 10731. Intelligence assessment of North Korea revenue sources.

Sec. 10732. Report on possible exploitation of virtual currencies by terrorist actors.

Subtitle C—Other matters

Sec. 10741. Public Interest Declassification Board.

Sec. 10742. Securing energy infrastructure.

Sec. 10743. Bug bounty programs.

Sec. 10744. Modification of authorities relating to the National Intelligence University.

Sec. 10745. Technical and clerical amendments to the National Security Act of 1947.

Sec. 10746. Technical amendments related to the Department of Energy.

Sec. 10747. Sense of Congress on notification of certain disclosures of classified information.

Sec. 10748. Sense of Congress on consideration of espionage activities when considering whether or not to provide visas to foreign individuals to be accredited to a United Nations mission in the United States.

Sec. 10749. Sense of Congress on WikiLeaks.

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.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

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

Army Programs

111.

Sense of Senate on Army's approach to Capability Drops 1 and 2 of the Distributed Common Ground System-Army program

It is the sense of the Senate that—

(1)

the Senate approves of the approach of the Army to Capability Drops 1 and 2 of the Distributed Common Ground System-Army program, which has been in compliance with section 2377 of title 10, United States Code; and

(2)

the Senate encourages the Under Secretary of Defense for Acquisition and Sustainment and other military departments and commands in the Department of Defense to review the efforts of the Army with Capability Drops 1 and 2 to inform future decisions about how to integrate commercial technology into the Distributed Common Ground System Enterprise and other national security systems.

112.

Authority of the Secretary of the Army to waive certain limitations related to the Distributed Common Ground System-Army Increment 1

Section 113(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2028) is amended by striking Secretary of Defense both places it appears and inserting Secretary of the Army.

C

Navy programs

121.

Modification of prohibition on availability of funds for Navy waterborne security barriers

Section 130 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

in subsection (a) by striking for fiscal year 2019 may be obligated or expended to procure legacy waterborne security barriers for Navy ports and inserting for fiscal year 2019 or fiscal year 2020 may be obligated or expended to procure legacy waterborne security barriers for Navy ports, including as replacements for legacy barriers; and

(2)

by adding at the end the following new subsection:

(d)

Notification

Not later than 15 days after an exception is made pursuant to subsection (c)(2), the Secretary of the Navy shall submit a written notification to the congressional defense committees that includes—

(1)

the name and position of the government official who determined exigent circumstances exist;

(2)

a description of the exigent circumstances; and

(3)

a description of how waterborne security will be maintained until new waterborne security barriers are procured and installed.

.

122.

Capabilities based assessment for naval vessels that carry fixed-wing aircraft

(a)

In general

Not later than 30 days after the date of the enactment of this Act, the Secretary of the Navy shall initiate a capabilities based assessment to begin the process of identifying requirements for the naval vessels that will carry fixed-wing aircraft following the ships designated CVN–81 and LHA–9.

(b)

Elements

The assessment shall—

(1)

conform with the Joint Capabilities Integration and Development System, including Chairman of the Joint Chiefs of Staff Instruction 5123.01H; and

(2)

consider options for the vessels described under subsection (a) that would enable greater commonality and interoperability of naval aircraft embarked on such naval vessels, including aircraft arresting gear and launch catapults.

(c)

Notification requirement

Not later than 15 days after initiating the assessment required under subsection (a), the Secretary of the Navy shall notify the congressional defense committees of such action and the associated schedule for completing the assessment and generating an Initial Capabilities Document.

123.

Ford-class aircraft carrier cost limitation baselines

(a)

In general

Chapter 633 of title 10, United States Code, is amended by adding at the end the following new section:

8692.

Ford-class aircraft carrier cost limitation baselines

(a)

Limitation

The total amounts obligated or expended from funds authorized to be appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers:

(1)

$13,027,000,000 for the construction of the aircraft carrier designated CVN–78.

(2)

$11,398,000,000 for the construction of the aircraft carrier designated CVN–79.

(3)

$12,202,000,000 for the construction of the aircraft carrier designated CVN–80.

(4)

$12,451,000,000 for the construction of the aircraft carrier designated CVN–81.

(b)

Adjustment of limitation amount

The Secretary of the Navy may adjust an amount set forth in subsection (a) by the following:

(1)

The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2019.

(2)

The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws enacted after September 30, 2019.

(3)

The amounts of outfitting costs and post-delivery costs incurred for that ship.

(4)

The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology baseline as it was defined prior to October 1, 2019.

(5)

The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.

(6)

With respect to the aircraft carrier designated as CVN–78, the amounts of increases or decreases in costs of that ship that are attributable solely to an urgent and unforeseen requirement identified as a result of the shipboard test program.

(7)

With respect to the aircraft carrier designated as CVN–79, the amounts of increases not exceeding $100,000,000 if the Chief of Naval Operations determines that achieving the amount set forth in subsection (a)(2) would result in unacceptable reductions to the operational capability of the ship.

(c)

Limitation on technology insertion cost adjustment

The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—

(1)

the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or

(2)

the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.

(d)

Limitation on shipboard test program cost adjustment

The Secretary of the Navy may use the authority under paragraph (6) of subsection (b) to adjust the amount set forth in subsection (a) for the aircraft carrier designated CVN–78 for reasons relating to an urgent and unforeseen requirement identified as a result of the shipboard test program only if—

(1)

the Secretary determines, and certifies to the congressional defense committees, that such requirement was not known before the date of the submittal to Congress of the budget for fiscal year 2020 (as submitted pursuant to section 1105 of title 31, United States Code);

(2)

the Secretary determines, and certifies to the congressional defense committees, that waiting on an action by Congress to raise the cost cap specified in subsection (a)(1) to account for such requirement will result in a delay in the date of initial operating capability of that ship; and

(3)

the Secretary submits to the congressional defense committees a report setting forth a description of such requirement before the obligation of additional funds pursuant to such authority.

(e)

Exclusion of battle and interim spares from cost limitation

The Secretary of the Navy shall exclude from the determination of the amounts set forth in subsection (a), the costs of the following items:

(1)

CVN–78 class battle spares.

(2)

Interim spares.

(f)

Written notice of change in amount

The Secretary of the Navy shall submit to the congressional defense committees written notice of any change in the amount set forth in subsection (a) determined to be associated with a cost covered in subsection (b) not less than 30 days prior to making such change.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8691 the following new item:

§ 8692. Ford-class aircraft carrier cost limitation baselines.

.

(c)

Repeal of superseded provision

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104) is repealed.

124.

Design and construction of amphibious transport dock designated LPD–31

(a)

In general

The Secretary of the Navy may enter into a contract for the design and construction of the amphibious transport dock designated LPD–31 using amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy.

(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 with amounts authorized to be appropriated in fiscal years 2019, 2020, and 2021.

(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 fiscal year.

125.

LHA Replacement Amphibious Assault Ship Program

(a)

Authority to use incremental funding

The Secretary of the Navy may enter into and incrementally fund a contract for detail design and construction of the LHA replacement ship designated LHA 9 and, subject to subsection (b), funds for payments under the contract may be provided from amounts authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2019 through 2025.

(b)

Condition for out-year contract payments

A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for any subsequent fiscal year is subject to the availability of appropriations for that purpose for such subsequent fiscal year.

(c)

Repeal of obsolete authority

Section 125 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2106) is repealed.

126.

Limitation on availability of funds for the Littoral Combat Ship

(a)

Limitation

None of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2020 may be used to exceed the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy unless the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees the certification described in subsection (b).

(b)

Certification

The certification described in this subsection is a certification by the Under Secretary that awarding a contract for the procurement of a Littoral Combat Ship that exceeds the total procurement quantity listed in revision five of the Littoral Combat Ship acquisition strategy—

(1)

is in the national security interests of the United States;

(2)

will not result in exceeding the low-rate initial production quantity approved in the Littoral Combat Ship acquisition strategy in effect as of the date of the certification; and

(3)

is necessary to maintain a full and open competition for the Guided Missile Frigate (FFG(X)) with a single source award in fiscal year 2020.

(c)

Definition

The term revision five of the Littoral Combat Ship acquisition strategy means the fifth revision of the Littoral Combat Ship acquisition strategy approved by the Under Secretary of Defense for Acquisition and Sustainment on March 26, 2018.

127.

Limitation on the next new class of Navy large surface combatants

(a)

In general

Milestone B approval may not be granted for the next new class of Navy large surface combatants unless the class of Navy large surface combatants incorporates prior to such approval—

(1)

design changes identified during the full duration of the combat system ship qualification trials and operational test periods of the first Arleigh Burke-class destroyer in the Flight III configuration to complete such events; and

(2)

final results of test programs of engineering development models or prototypes for critical systems specified by the Senior Technical Authority pursuant to section 8669b of title 10, United States Code, as added by section 1017 of this Act, in their final form, fit, and function and in a realistic environment, which shall include a land-based engineering site if the propulsion system will utilize integrated electric power technology, including electric drive propulsion.

(b)

Limitation

The Secretary of the Navy may not release a detail design or construction request for proposals or obligate funds from the Shipbuilding and Conversion, Navy account for the next new class of Navy large surface combatants until the class of Navy large surface combatants receives Milestone B approval and the milestone decision authority notifies the congressional defense committees, in writing, of the actions taken to comply with the requirements under subsection (a).

(c)

Definitions

In this section:

(1)

The term Milestone B approval has the meaning given the term in section 2366(e)(7) of title 10, United States Code.

(2)

The term milestone decision authority means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process.

(3)

The term large surface combatants means Navy surface ships that are designed primarily to engage in attacks against airborne, surface, subsurface, and shore targets, excluding frigates and littoral combat ships.

128.

Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman

(a)

Refueling and complex overhaul

The Secretary of the Navy shall carry out the nuclear refueling and complex overhaul of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman (CVN–75).

(b)

Use of incremental funding

With respect to any contract entered into under subsection (a) for the nuclear refueling and complex overhauls of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman (CVN–75), the Secretary may use incremental funding for a period not to exceed six years after advance procurement funds for such nuclear refueling and complex overhaul effort are first obligated.

(c)

Condition for out-year contract payments

Any contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for that later fiscal year.

129.

Report on carrier wing composition

(a)

In general

Not later than May 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on the optimal composition of the carrier air wing in 2030 and 2040, including alternative force design concepts.

(b)

Elements

The report required under subsection (a) shall include the following elements:

(1)

Analysis and justification for the Navy's stated goal of a 50/50 mix of 4th and 5th generation aircraft for 2030.

(2)

Analysis and justification for an optimal mix of carrier aircraft for 2040.

(3)

A plan for incorporating unmanned aerial vehicles and associated communication capabilities to effectively implement the future force design.

(c)

Briefing

Not later than March 1, 2020, the Secretary of the Navy shall provide the congressional defense committees a briefing on the report required under subsection (a).

D

Air Force Programs

141.

Requirement to align Air Force fighter force structure with National Defense Strategy and reports

(a)

Required submission of strategy

Not later than March 1, 2020, the Secretary of the Air Force shall submit to the congressional defense committees a fighter force structure acquisition strategy that is aligned with the results of the reports submitted under subtitle D of title I of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) and the Air Force's stated requirements to meet the National Defense Strategy.

(b)

Alignment with strategy

The Secretary of the Air Force may not deviate from the strategy submitted under subsection (a) until—

(1)

the Secretary receives a waiver and justification from the Secretary of Defense; and

(2)

30 days after notifying the congressional defense committees of the proposed deviation.

142.

Requirement to establish the use of an Agile DevOps software development solution as an alternative for Joint Strike Fighter Autonomic Logistics Information System

(a)

Establishment of an alternative Agile DevOps software development program

The Secretary of Defense shall establish a software development activity using Agile DevOps to create an alternative solution for the Joint Strike Fighter Autonomic Logistics Information System (ALIS).

(b)

Competitive analysis

The Secretary of Defense shall carry out a competitive analysis of the efforts between Autonomic Logistics Information System, Autonomic Logistics Information System–Next, and Madhatter, including with respect to transition opportunities and timelines.

(c)

Briefing

Not later than September 30, 2020, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall provide the congressional defense committees a briefing on the findings of the Secretary of Defense with respect to the competitive analysis carried out under subsection (b).

143.

Report on feasibility of multiyear contract for procurement of JASSM–ER missiles

(a)

In general

Not later than March 31, 2020, the Secretary of the Air Force shall submit a report to the congressional defense committees assessing the feasibility of entering into a multiyear contract for procurement of JASSM–ER missiles starting in fiscal year 2022.

(b)

Elements

The report required under subsection (a) shall include the following elements:

(1)

An initial assessment of cost savings to the Air Force from a multiyear contract.

(2)

An analysis of at least two different multiyear contract options that vary in either duration or quantity, at least one of which assumes a maximum procurement of 550 missiles per year for 5 years.

(3)

An assessment of how a multiyear contract will impact the industrial base.

(4)

An assessment of how a multiyear contract will impact the Long Range Anti-Ship Missile.

(5)

An assessment of how a multiyear contract will impact the ability of the Air Force to develop additional capabilities for the JASSM–ER missile.

144.

Air Force aggressor squadron modernization

(a)

Sense of Congress

It is the sense of Congress that—

(1)

it is critical that the Air Force has the capability to train against an advanced air adversary in order to be prepared for conflicts against a modern enemy force, and that in order to have this capability, the Air Force must have access to an advanced adversary force prior to United States adversaries fielding a 5th-generation operational capability; and

(2)

the Air Force’s plan to use low-rate initial production F–35As as aggressor aircraft reflects a recognition of the need to field a modernized aggressor fleet.

(b)

Report

(1)

In general

The Secretary of the Air Force may not transfer any low-rate initial production F–35 aircraft for use as aggressor aircraft until the Chief of Staff of the Air Force submits to the congressional defense committees a comprehensive plan and report on the strategy for modernizing its organic aggressor fleet.

(2)

Elements

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

(A)

Potential locations for F–35A aggressor aircraft, including an analysis of installations that—

(i)

have the size and availability of airspace necessary to meet flying operations requirements;

(ii)

have sufficient capacity and availability of range space;

(iii)

are capable of hosting advanced-threat training exercises; and

(iv)

meet or require minimal addition to the environmental requirements associated with the basing action.

(B)

An analysis of the potential cost and benefits of expanding aggressor squadrons currently operating 18 Primary Assigned Aircraft (PAA) to a level of 24 PAA each.

(C)

An analysis of the cost and timelines associated with modernizing the current Air Force aggressor squadrons to include upgrading aircraft radar, infrared search-and-track systems, radar warning receiver, tactical datalink, threat-representative jamming pods, and other upgrades necessary to provide a realistic advanced adversary threat.

145.

Air Force plan for Combat Rescue Helicopter fielding

(a)

Sense of congress

It is the sense of Congress that, given delays to Operational Loss Replacement (OLR) program fielding and the on-time fielding of Combat Rescue Helicopter (CRH), the Air National Guard should retain additional HH–60G helicopters at Air National Guard locations to meet their recommended primary aircraft authorized (PAA) per the Air Force’s June 2018 report on Air National Guard HH–60 requirements.

(b)

Report on fielding plan

(1)

In general

Not later than 45 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on its fielding plan for the CRH program.

(2)

Elements

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

(A)

A description of the differences in capabilities between the HH–60G, OLR, and CRH helicopters.

(B)

A description of the costs and risks associated with changing the CRH fielding plan to reduce or eliminate inventory shortfalls.

(C)

A description of the measures for accelerating the program available within the current contract.

(D)

A description of the operational risks and benefits associated with fielding the CRH to the active component first, including—

(i)

how the differing fielding plan may affect deployment schedules;

(ii)

what capabilities active-component units deploying with the CRH will have that reserve component units deploying with OLR will not; and

(iii)

an analysis of the potential costs and benefits that could result from accelerating CRH fielding to all units through additional funding in the future years defense program.

(c)

Report on training plan

(1)

In general

Not later than 45 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the plan to sustain training for initial-entry reserve component HH–60G pilots once the active component of the Air Force has received all of its CRH helicopters.

(2)

Elements

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

(A)

Projected reserve component aircrew initial HH–60G/OLR qualification training requirements, by year.

(B)

The number of legacy HH–60G/OLR helicopters required to continue providing initial HH–60G qualification training through the 150th Special Operations Wing at Kirtland Air Force Base.

(C)

The number of personnel required to continue providing initial HH–60G/OLR qualification training through the 150th Special Operations Wing at Kirtland Air Force Base.

(D)

The number of flying hours required per pilot to perform differences training at home station for initial entry HH–60 pilots receiving CRH training at Kirtland Air Force Base to become qualified in the HH–60G/OLR at their home station.

(E)

The projected effect of using local flying training hours at reserve component units on overall unit training readiness and ability to meet Ready Aircrew Program requirements.

146.

Military type certification for AT–6 and A–29 light attack experimentation aircraft

The Secretary of the Air Force shall conduct a military type certification for the AT–6 and A–29 light attack experimentation aircraft pursuant to the DoD Directive on Military Type Certificates, 5030.61.

E

Defense-wide, Joint, and Multiservice Matters

151.

Limitation on availability of funds for communications systems lacking certain resiliency features

(a)

In general

Except as provided under subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2020 may be used for the procurement of a current or future Department of Defense communication program of record unless the communications equipment—

(1)

provides the ability to deny geolocation of a transmission that would allow enemy targeting of the force;

(2)

provides the ability to securely communicate classified information in a jamming environment of like-echelon forces; and

(3)

utilizes a waveform that is made available in the Department of Defense Waveform Information Repository.

(b)

Waiver

The Secretary of a military department may waive the requirement under subsection (a) with respect to a communications system upon certifying to the congressional defense committees that the system will not require resiliency due to its expected use.

152.

F–35 sustainment cost

(a)

Quarterly report

The Under Secretary of Defense for Acquisition and Sustainment shall include in the quarterly report required under section 155 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)—

(1)

sustainment cost data related to the F–35 program, including a comparison in itemized format of the cost of legacy aircraft and the cost of the F–35 program, based on a standardized set of criteria; and

(2)

a progress report on the extent to which the goals developed pursuant to subsection (b) are being achieved.

(b)

Cost reduction plan

(1)

In general

The Under Secretary of Defense for Acquisition and Sustainment shall develop a plan for achieving significant reductions in the cost to operate and maintain the F–35 aircraft.

(2)

Elements

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

(A)

Specific changes in the management of operation and support (O&S) cost to engender continuous process improvement.

(B)

Specific actions the Department will implement in the near term to reduce O&S cost.

(C)

Concrete timelines for implementing the specific actions and process changes.

(3)

Report

Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the congressional defense committees a report on the baseline plan for achieving operation and support cost savings.

153.

Economic order quantity contracting authority for F–35 Joint Strike Fighter program

The Secretary of Defense is authorized to award multiyear contracts for the procurement of F–35 aircraft in economic order quantities for fiscal year 2021 (Lot 15) through fiscal year 2023 (Lot 17).

154.

Repeal of tactical unmanned vehicle common data link requirement

Section 141 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3163) is hereby repealed.

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.

Development and acquisition strategy to procure secure, low probability of detection data link network capability

(a)

Strategy required

Not later than March 1, 2020, the Chief of Staff of the Air Force and Chief of Naval Operations shall jointly submit to the congressional defense committees a joint development and acquisition strategy to procure a secure, low probability of detection data link network capability, with the ability to effectively operate in hostile jamming environments while preserving the low observability characteristics of the relevant platforms, including both existing and planned platforms.

(b)

Network characteristics

The data link network capability to be procured pursuant to the development and acquisition strategy submitted under subsection (a) shall—

(1)

ensure that any network made with such capability will be low risk and affordable, with minimal impact or change to existing host platforms and minimal overall integration costs;

(2)

use a non-proprietary and open systems approach compatible with the Rapid Capabilities Office Open Mission Systems initiative of the Air Force and the Future Airborne Capability Environment initiative of the Navy; and

(3)

provide for an architecture to connect, with operationally relevant throughput and latency—

(A)

fifth-generation combat aircraft;

(B)

fifth-generation and fourth-generation combat aircraft;

(C)

fifth-generation and fourth-generation combat aircraft and appropriate support aircraft and other network nodes for command, control, communications, intelligence, surveillance, and reconnaissance purposes; and

(D)

fifth-generation and fourth-generation combat aircraft and their associated network-enabled precision weapons.

(c)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for operation and maintenance for the Office of the Secretary of the Air Force and for operations and maintenance for the Office of the Secretary of the Navy, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Chief of Staff of the Air Force and Chief of Naval Operations submit the development and acquisition strategy required by subsection (a).

212.

Establishment of secure next-generation wireless network (5G) infrastructure for the Nevada Test and Training Range and base infrastructure

(a)

Establishment required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish secure fifth-generation wireless network components and capabilities at no fewer than two Department of Defense installations in accordance with this section.

(b)

First installation

(1)

Location

The Secretary shall establish components and capabilities under subsection (a) at the Nevada Test and Training Range, which shall serve as the Department’s Major Range and Test Facility Base (MRTFB) for fifth-generation wireless networking.

(2)

Objective

The Secretary shall ensure that the establishment of components and capabilities under subsection (a) at the range described in paragraph (1) of this subsection will allow the Department to explore and demonstrate the utility of using fifth-generation wireless networking technology to enhance combat operations.

(3)

Purpose

The purpose of the establishment of components and capabilities under subsection (a) at the range described in paragraph (1) of this subsection is to demonstrate the following:

(A)

The potential military utility of high bandwidth, scalable, and low latency fifth-generation wireless networking technology.

(B)

Advanced security technology that is applicable to fifth-generation networks as well as legacy Department command and control networks.

(C)

Secure interoperability with fixed and wireless systems (legacy and future systems).

(D)

Enhancements such as spectrum and waveform diversity, frequency hopping and spreading, and beam forming for military requirements.

(E)

Technology for dynamic network slicing for specific use cases and applications requiring varying levels of latency, scale, and throughput.

(F)

Technology for dynamic spectrum sharing and network isolation.

(c)

Second and additional installations

(1)

Location

The location of the second and any additional installations for establishment of components and capabilities under subsection (a) shall be at such Department installation or installations as the Secretary considers appropriate for the purpose set forth in paragraph (2) of this subsection.

(2)

Purposes

The purpose of the second and any additional installations for establishment of components and capabilities under subsection (a) is to explore and demonstrate infrastructure implementations of the following:

(A)

Base infrastructure installation of high bandwidth, scalable, and low latency fifth-generation wireless networking technology.

(B)

Applications for secure fifth-generation wireless network capabilities for the Department, such as the following:

(i)

Interactive augmented reality or synthetic training environments.

(ii)

Internet of things devices.

(iii)

Autonomous systems.

(iv)

Advanced manufacturing through the following:

(I)

Department-sponsored centers for manufacturing innovation (as defined in section 34(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(c))).

(II)

Department research and development organizations.

(III)

Manufacturers in the defense industrial base of the United States.

213.

Limitation and report on Indirect Fire Protection Capability Increment 2 enduring capability

(a)

Limitation and report

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Army may be obligated or expended for research, development, test, and evaluation for the Indirect Fire Protection Capability Increment 2 enduring capability until the Secretary of the Army submits to the congressional defense committees a report on the Indirect Fire Protection Capability Increment 2 program that contains the following:

(1)

An assessment of whether the requirements previously established for the program meet the anticipated threat at the time of planned initial operating capability and fully operating capability.

(2)

A list of candidate systems considered to meet the Indirect Fire Protection Capability Increment 2 requirement, including those fielded or in development by the Army, the Missile Defense Agency, and other elements of the Department of Defense.

(3)

An assessment of each candidate system’s capability against representative threats.

(4)

An assessment of other relevant specifications of each candidate system, including cost of development, cost per round if applicable, technological maturity, and logistics and sustainment.

(5)

A plan for how the Army will integrate the chosen system or systems into the Integrated Air and Missile Defense Battle Command System.

(b)

Certification required

Not later than 10 days after the date on which the President submits the annual budget request of the President for fiscal year 2021 pursuant to section 1105 of title 31, United States Code, the Secretary of the Army shall, without delegation, submit to the congressional defense committees a certification that identifies a program of record contained within that budget request that will meet the requirement in Department of Defense Directive 5100.01 to conduct air and missile defense to support joint campaigns as it applies to defense against supersonic cruise missiles.

214.

Electromagnetic spectrum sharing research and development program

(a)

Program establishment

The Secretary of Defense, in consultation with the Administrator of the National Telecommunications and Information Administration, and the Federal Communications Commission shall jointly establish an electromagnetic spectrum sharing research and development program to promote the establishment of innovative technologies and techniques to facilitate electromagnetic spectrum sharing between fifth-generation wireless networking technologies, Federal systems, and other non-Federal incumbent systems.

(b)

Establishment of test beds

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Administrator and the Commission, shall, as part of the program established under subsection (a), establish at least two test beds to demonstrate the potential for cohabitation between fifth-generation wireless networking technologies, other incumbent non-Federal systems, and Federal systems.

(2)

Co-location of test beds

The test beds established under paragraph (1) may be co-located, if a single geographic location can provide a sufficient diversity of Federal systems. If not, test beds established under this subsection shall coordinate to share results and best practices identified in each location.

(c)

Development of Department of Defense integrated spectrum automation enterprise strategy

(1)

In general

Not later than May 1, 2020, the Secretary and the Administrator of the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission, shall jointly propose an integrated spectrum automation enterprise strategy for the Department of Defense to address management of electromagnetic spectrum, including both Federal and non-Federal spectrum that is shared by the Department of Defense or could be used for national security missions in the future, including on a shared basis.

(2)

Matters encompassed

The strategy developed under subparagraph (A) shall encompass cloud-based databases, artificial intelligence, system certification processes, public facing application programming interfaces and online tools, and electromagnetic spectrum compatibility analyses for sharing of electromagnetic spectrum.

(d)

Periodic briefings

Not later than 180 days after the date of the enactment of this Act and not less frequently than once every 180 days thereafter until the Secretary submits the report required by subsection (e), the Secretary, in consultation with the Administrator and the Commission, shall brief the appropriate committees of Congress on the progress of the test beds established under subsection (b).

(e)

Report

(1)

In general

Not later than October 1, 2022, the Secretary, in consultation with the Administrator and the Commission, shall submit to the appropriate committees of Congress a report on the results of the test beds established under subsection (b).

(2)

Recommendations

The report submitted under paragraph (1) shall include recommendations to facilitate sharing frameworks in the bands of electromagnetic spectrum that are the subject of the test beds.

(f)

Appropriate committees of Congress

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

(1)

the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives.

215.

Sense of the Senate on the Advanced Battle Management System

It is the sense of the Senate that—

(1)

the Senate supports the vision of the Air Force for the Advanced Battle Management System (ABMS) as a system of systems that can integrate air, space, and other systems to detect, track, target, and direct effects against threats in all domains;

(2)

such a capability will be essential to the ability of the Air Force to operate effectively as part, and in support, of the Joint Force, especially in the highly-contested operating environments established by near-peer competitors;

(3)

the Senate is concerned that the Air Force has not moved quickly enough over the past year to begin defining the requirements and maturing the technologies that will be essential for the Advanced Battle Management System, especially in light of the pending retirement of the Joint Surveillance and Target Attack Radar System (JSTARS) aircraft that the Advanced Battle Management System is conceived, in part, to replace;

(4)

the Senate understands that the Air Force is moving deliberately to analyze alternative concepts for the Advanced Battle Management System and adopt an architectural approach to its design;

(5)

the Advanced Battle Management System, as a multidomain system of systems, must have a central command and control capability that can integrate these systems into a unified warfighting capability;

(6)

emerging technologies, such as artificial intelligence and automated sensor fusion, should be built into the command and control capability for the Advanced Battle Management System from the start;

(7)

such technologies would improve the ability of the Advanced Battle Management System to support human operators with—

(A)

the rapid processing and fusion of multidomain sensor data;

(B)

the highly-automated identification, classification, tracking, and targeting of threats in all domains;

(C)

the creation of a real-time common operating picture from multidomain intelligence; and the ability to direct effects on the battlefield at machine-to-machine speeds from all of the systems comprising the Advanced Battle Management System; and

(8)

for an effort as ambitious and complex as the Advanced Battle Management System, the Senate encourages the Air Force to use existing acquisition authorities to begin a rapid prototyping effort to refine the requirements and software-intensive technologies that will be integral to the command and control capability of the Advanced Battle Management System.

216.

Modification of proof of concept commercialization program

(a)

Making the program permanent

(1)

In general

Section 1603 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note) is amended by striking subsection (g).

(2)

Conforming amendments

Such section is further amended—

(A)

in the section heading, by striking Pilot;

(B)

in subsection (a)—

(i)

by striking Pilot; and

(ii)

by striking Pilot; and

(C)

by striking pilot each place it appears.

(b)

Additional improvements

Such section, 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.

.

217.

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) is amended—

(1)

in subsection (b)—

(A)

in paragraph (2)—

(i)

by inserting and international after interagency; and

(ii)

by striking private sector inserting private-sector and international; and

(B)

in paragraph (6), by inserting , workforce, after including facilities;

(2)

in subsection (c)—

(A)

in paragraph (2), by striking sciences; and inserting the following: “sciences, including through coordination with—

(A)

the National Quantum Coordination Office;

(B)

the National Science and Technology Council Quantum Information Science Subcommittee;

(C)

other Federal agencies;

(D)

other elements and offices of the Department of Defense; and

(E)

appropriate private-sector organizations;

;

(B)

in paragraph (3), by striking and at the end;

(C)

by redesignating paragraph (4) as paragraph (5); and

(D)

by inserting after paragraph (3) the following new paragraph (4):

(4)

develop, in coordination with appropriate Federal entities, a taxonomy for quantum science activities and requirements for relevant technology and standards; and

; and

(3)

in subsection (d)(2)(D), by inserting a roadmap and after including.

218.

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, shall establish a civilian fellowship program designed to place eligible individuals within the Department of Defense and Congress to increase the number of national security professionals with science, technology, engineering, and mathematics credentials employed by the Department and Congress.

(2)

Designation

The fellowship program established under paragraph (1) shall be known as the Technology and National Security Fellowship (in this section referred to as the fellows program).

(3)

Assignments

Each individual selected for participation in the fellows program shall be assigned to a one year position within—

(A)

the Department of Defense; or

(B)

a congressional office with emphasis on Armed Forces and national security matters.

(4)

Pay and benefits

Each individual assigned to a position under paragraph (3)—

(A)

shall be compensated at a rate of basic pay that is equivalent to the rate of basic pay payable for a position at level 10 of the General Schedule; and

(B)

shall be treated as an employee of the United States during the assignment.

(b)

Eligible individuals

For purposes of this section, and subject to subsection (e), an eligible individual is any individual who—

(1)

is a citizen of the United States; and

(2)

either—

(A)

expects to be awarded an 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 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

Each individual seeking to participate in the fellows program shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall specify.

(d)

Coordination

In carrying out this section, the Secretary may consider working through the following entities:

(1)

The National Security Innovation Network.

(2)

Other Department of Defense or public and private sector organizations, as determined appropriate by the Secretary.

(e)

Modifications to fellows program

The Secretary may modify the terms and procedures of the fellows program in order to better achieve the goals of the program and to support workforce needs of the Department of Defense.

(f)

Consultation

The Secretary may consult with the heads of the agencies, components, and other elements of the Department of Defense, Members and committees of Congress, and such institutions of higher education and private entities engaged in work on national security and emerging technologies as the Secretary considers appropriate for purposes of the fellows program, including with respect to assignments in the fellows program.

219.

Direct Air Capture and Blue Carbon Removal Technology Program

(a)

Program required

(1)

In general

The Secretary of Defense, in coordination with the Secretary of Homeland Security, the Secretary of Energy, and the heads of such other Federal agencies as the Secretary of Defense considers appropriate, shall carry out a program on research, development, testing, evaluation, study, and demonstration of technologies related to blue carbon capture and direct air capture.

(2)

Program goals

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

(A)

To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.

(B)

To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.

(C)

To develop direct air capture technologies for use—

(i)

at military installations or facilities of the Department of Defense; or

(ii)

in modes of transportation by the Navy or the Coast Guard.

(3)

Phases

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

(A)

The first phase shall consist of research and development and shall be carried out as described in subsection (b).

(B)

The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase.

(4)

Designation

The program established under paragraph (1) shall be known as the Direct Air Capture and Blue Carbon Removal Technology Program (in this section referred to as the Program).

(b)

Research and development phase

(1)

In general

During the research and development phase of the Program, the Secretary of Defense shall conduct research and development in pursuit of the goals set forth in subsection (a)(2).

(2)

Direct air capture

The research and development phase of the Program may include, with respect to direct air capture, a front end engineering and design study that includes an evaluation of direct air capture designs to produce fuel for use—

(A)

at military installations or facilities of the Department of Defense; or

(B)

in modes of transportation by the Navy or the Coast Guard.

(3)

Duration

The Secretary shall carry out the research and development phase of the Program during a four-year period 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.

(6)

Funding for fiscal year 2020

(A)

The amount authorized to be appropriated for fiscal year 2020 by section 201 for research, development, test, and evaluation is hereby increased by $8,000,000, with the amount of the increase to be available for the research and development phase of the Program.

(B)

The amount authorized to be appropriated for fiscal year 2020 by section 301 for operation and maintenance is hereby decreased by $8,000,000, with the amount of the decrease to be taken from amounts available for printing.

(7)

Authorization of appropriations for future fiscal years

There is authorized to be appropriated to carry out the research and development phase of the Program $10,000,000 for each of fiscal years 2021 through 2023.

(c)

Testing and evaluation phase

(1)

In general

During the testing and evaluation phase of the Program, the Secretary shall, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program.

(2)

Direct air capture

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

(A)

at military installations or facilities of the Department of Defense; or

(B)

in modes of transportation by the Navy or the Coast Guard.

(3)

Duration

The Secretary shall carry out the testing and evaluation phase of the Program during the three-year period 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.

(7)

Authorization of appropriations

There is authorized to be appropriated to carry out the testing and evaluation phase of the Program $15,000,000 for each of fiscal years 2024 through 2026.

(d)

Definitions

In this section:

(1)

The term blue carbon capture means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.

(2)
(A)

The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.

(B)

The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—

(i)

that is deliberately released from a naturally occurring subsurface spring; or

(ii)

using natural photosynthesis.

(3)

The term eligible laboratory means—

(A)

a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or

(B)

a laboratory of the Department of Defense.

C

Reports and other matters

231.

National security emerging biotechnologies research and development program

(a)

Establishment

The Secretary of Defense shall carry out a research and development program on applications of emerging biotechnologies for the national security purposes set forth in subsection (b).

(b)

National security purposes

The national security purposes set forth in this subsection are as follows:

(1)

To ensure military understanding and relevancy of applications of emerging biotechnologies in meeting national security requirements.

(2)

To coordinate all research and development relating to emerging biotechnologies within the Department of Defense and to provide for interagency cooperation and collaboration on research and development relating to emerging biotechnologies between the Department and other departments and agencies of the United States and appropriate private sector entities that are involved in research and development relating to emerging biotechnologies.

(3)

To develop and manage a portfolio of fundamental and applied emerging biotechnologies research initiatives that is stable, consistent, and balanced across scientific disciplines.

(4)

To collect, synthesize, and disseminate critical information on research and development relating to emerging biotechnologies within the national security establishment.

(5)

To establish and support appropriate research, innovation, and the industrial base, including facilities and infrastructure, to support the needs of Department missions and scientific workforce relating to emerging biotechnologies.

(6)

To develop a technical basis to inform the intelligence community on the analysis needs of the Department with respect to emerging biotechnologies.

(c)

Administration

In carrying out the program required by subsection (a), the Secretary shall act through the Under Secretary of Defense for Research and Engineering, who shall supervise the planning, management, and coordination of the program. The Under Secretary, in consultation with the Secretaries of the military departments and the heads of participating Defense Agencies and other departments and agencies of the United States, shall—

(1)

prescribe a set of long-term challenges and a set of broad technical goals for the program;

(2)

develop a coordinated and integrated research and investment plan for meeting near-, mid-, and long-term challenges for achieving broad technical goals that build upon the Department’s investment in emerging biotechnologies research and development, commercial sector and global investments, and other United States Government investments in emerging biotechnologies fields;

(3)

not later than 180 days after the date of the enactment of this Act, develop and continuously update guidance, including classification guidance for defense-related emerging biotechnologies activities, and policies for restricting access to research to minimize the effects of loss of intellectual property in basic and applied emerging biotechnologies and information considered sensitive to the leadership of the United States in the field of emerging biotechnologies; and

(4)

develop memoranda of agreement, joint funding agreements, and other cooperative arrangements necessary for meeting long-term challenges and achieving specific technical goals.

(d)

Report

(1)

In general

Not later than December 31, 2020, the Secretary shall submit to the congressional defense committees a report on the program carried out under subsection (a).

(2)

Elements

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

(A)

An assessment of the potential national security risks of emerging biotechnologies technologies.

(B)

An assessment of the efforts of foreign powers to use emerging biotechnologies for military applications and other purposes.

(C)

A description of the knowledge-base of the Department with respect to emerging biotechnologies, plans to defend against potential national security threats posed by emerging biotechnologies, and any plans of the Secretary to enhance such knowledge-base.

(D)

A plan that describes how the Secretary intends to use emerging biotechnologies for military applications and to meet other needs of the Department.

(E)

A description of activities undertaken consistent with this section, including funding for activities consistent with the section.

(F)

Such other matters as the Secretary considers appropriate.

(3)

Form

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

(e)

Definition of emerging biotechnologies

In this section, the term emerging biotechnologies includes the following:

(1)

Engineered biology, which is the application of engineering design principles and practices to biological, genetic, molecular, and cellular systems to enable novel functions and capabilities.

(2)

Neurotechnology, which refers to central and peripheral nervous system interfaces that leverage structural, computational, and mathematical modeling to develop devices that decode neural activity (identify how it corresponds to a particular behavior or cognitive state, such as sensorimotor function, memory, or neuropsychiatric function) and use this information to deliver targeted interventions or therapies to facilitate performance.

(3)

Performance enhancement, namely technologies that augment human physiology at the cellular, molecular, and physiological levels giving the end user novel or enhanced physical and psychological capabilities.

(4)

Gene editing, including tools that facilitate deoxyribonucleic acid (DNA) sequence deletion, replacement, or insertion into cellular or organismal genetic material, thereby modulating genetic function for applications that include treating and preventing disease, and improving function of biological systems.

(5)

Biomolecular sequencing and synthesis, namely the processes by which biomolecular components (such as deoxyribonucleic acid and ribonucleic acid) can be measured (sequencing) or generated (synthesis) for uses in engineering biology, biomanufacturing, and other medical and nonmedical applications.

232.

Cyber science and technology activities roadmap and reports

(a)

Roadmap for science and technology activities to support development of cyber capabilities

(1)

Roadmap required

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop a roadmap for science and technology activities of the Department of Defense to support development of cyber capabilities to meet Department needs and missions.

(2)

Goal of consistency

The Secretary shall develop the roadmap required by paragraph (1) to ensure consistency with appropriate Federal interagency, industry, and academic activities.

(3)

Scope

The roadmap required by paragraph (1) shall—

(A)

cover the development of capabilities that will likely see operational use within the next 25 years or earlier; and

(B)

address cyber operations and cybersecurity.

(4)

Consultation

The Secretary shall develop the roadmap required by paragraph (1) in consultation with the following:

(A)

The Chief Information Officer of the Department.

(B)

The secretaries and chiefs of the military departments.

(C)

The Director of Operational Test and Evaluation.

(D)

The Commander of the United States Cyber Command.

(E)

The Director of the National Security Agency.

(F)

The Director of the Defense Information Systems Agency.

(G)

The Director of the Defense Advanced Research Projects Agency.

(H)

The Director of the Defense Digital Service.

(5)

Form

The Secretary shall develop the roadmap required by paragraph (1) in unclassified form, but may include a classified annex.

(6)

Publication

The Secretary shall make available to the public the unclassified form of the roadmap developed pursuant to paragraph (1).

(b)

Annual report on cyber science and technology activities

(1)

Annual reports required

In fiscal years 2021, 2022, and 2023, the Under Secretary of Defense for Research and Engineering submit to the Congressional Defense Committees a report on the science and technology activities within the Department of Defense relating to cyber matters during the previous fiscal year, the current fiscal year, and the following fiscal year.

(2)

Contents

Each report submitted pursuant to paragraph (1) shall include, for the period covered by the report, a description and listing of the science and technology activities of the Department relating to cyber matters, including the following:

(A)

Extramural science and technology activities.

(B)

Intramural science and technology activities.

(C)

Major and minor military construction activities.

(D)

Major prototyping and demonstration programs.

(E)

A list of agreements and activities transition capabilities to acquisition activities, including—

(i)

national security systems;

(ii)

business systems; and

(iii)

enterprise and network systems.

(F)

Efforts to enhance the national technical cybersecurity workforce, including specific programs to support education, training, internships, and hiring.

(G)

Efforts to perform cooperative activities with international partners.

(H)

Efforts under the Small Business Innovation Research and the Small Business Technology Transfer Program, including estimated amounts in the request for the following fiscal year.

(I)

Efforts to encourage partnerships between the Department of Defense and universities participating in the National Centers of Academic Excellence in Cyber Operations and Cyber Defense.

(3)

Timing

Each report submitted pursuant to paragraph (1) shall be submitted concurrently with the annual budget request of the President submitted pursuant to section 1105 of title 31, United States Code.

(4)

Form

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

233.

Requiring certain microelectronics products and services meet trusted supply chain and operational security standards

(a)

Purchases

(1)

In general

To protect the United States from intellectual property theft and to ensure national security and public safety in the application of new generations of wireless network technology and microelectronics, beginning on January 1, 2022, the Secretary of Defense shall—

(A)

ensure that each critical microelectronics product and service that the Department of Defense purchases on or after such date meets the trusted supply chain and operational security standards established pursuant to subsection (b), except in a case in which the Department seeks to purchase a critical microelectronics product or service, but—

(i)

no such product or service is available for purchase that meets such standards; or

(ii)

no such product or service is available for purchase that—

(I)

meets such standards; and

(II)

is available at a price that the Secretary does not consider prohibitively expensive; and

(B)

to the maximum extent practicable, ensure that each microelectronics product and service, other than a critical microelectronics product and service, that is purchased by the Department of Defense on or after such date meets the trusted supply chain and operational security standards established pursuant to subsection (b).

(2)

Critical microelectronics products and services

For purposes of this section, a critical microelectronics product or service is a microelectronics product, or a service based on such a product, that is designated by the Secretary as critical to meeting national security needs.

(b)

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.

(c)

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 (b) 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 requirements and acquisitions

The Secretary shall, to the greatest extent practicable, ensure that the requirements of the Department and the acquisition by the Department of microelectronics enable the success of a dual-use microelectronics industry.

(d)

Maintaining competition and innovation

The Secretary shall take such actions as the Secretary considers necessary and appropriate, within the Secretary’s authorized activities to maintain the health of the defense industrial base, to ensure that—

(1)

providers of microelectronics products and services that meet the standards established under subsection (b) are exposed to competitive market pressures to achieve competitive pricing and sustained innovation; and

(2)

the industrial base of microelectronics products and services that meet the standards established under subsection (b) includes providers producing in or belonging to countries that are allies or partners of the United States.

234.

Technical correction to Global Research Watch Program

Section 2365 of title 10, United States Code, is amended—

(1)

in subsections (a) and (d)(2), by striking Assistant Secretary of Defense for Research and Engineering both places it appears and inserting Under Secretary of Defense for Research and Engineering;

(2)

in subsections (d)(3) and (e), by striking Assistant Secretary both places it appears and inserting Under Secretary of Defense for Research and Engineering; and

(3)

in subsection (d), by striking Assistant Secretary both places it appears and inserting Under Secretary.

235.

Additional technology areas for expedited access to technical talent

Section 217(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended—

(1)

by redesignating paragraph (27) as paragraph (29); and

(2)

by inserting after paragraph (26) the following new paragraph (27):

(27)

Rapid prototyping.

(28)

Infrastructure resilience.

.

236.

Sense of the Senate and periodic briefings on the security and availability of fifth-generation (5G) wireless network technology and production

(a)

Sense of the Senate

It is the sense of the Senate that—

(1)

use of fifth-generation (5G) wireless networks and associated technology will be a foundation for future warfighting applications for the Department of Defense;

(2)

the commercial implementation of fifth-generation wireless networks will provide the high speed and capacity necessary for the Internet of Things, advanced manufacturing, autonomous machines, the application of artificial intelligence, and smart cities, and it is critical that the Department of Defense utilize these new capabilities;

(3)

protecting the innovation and technology that enables these revolutionary developments is essential for security of the Department of Defense mission, and will require improved security of the microelectronics supply chain and of the design and operation of networks based on fifth-generation wireless network technology;

(4)

securing fifth-generation wireless networks and associated technology is required due to the increased effects of military processes that will be enabled on fifth-generation wireless networks;

(5)

the Department of Defense can no longer rely on fabricationless business models in which microelectronics manufacturing is located in countries with vulnerable supply chains or adversarial nations known for predatory industrial espionage and posing a military threat to the United States or on small-scale manufacturing of trusted microelectronics in dedicated facilities;

(6)

the Department of Defense should leverage its large procurement budget, sophisticated understanding of the threats to microelectronics supply chains, as well as experience establishing requirements for the secure production of microelectronics and working with trusted foundries to create a secure, competitive, and innovative manufacturing base in cooperation with industry; and

(7)

the Secretary of Defense should act expeditiously to achieve the goals enumerated in this subsection using resources and authorities available to the Department, while encouraging interagency planning for a whole-of-government strategy.

(b)

Periodic briefings

(1)

In general

Not later than March 15, 2020, and not less frequently than once every three months thereafter until March 15, 2022, the Secretary of Defense shall brief the congressional defense committees on how the Department of Defense—

(A)

is using secure fifth-generation wireless network technology;

(B)

is reshaping the Department's policy for producing and procuring secure microelectronics; and

(C)

working in the interagency and internationally to develop common policies and approaches.

(2)

Elements

Each briefing under paragraph (1) shall contain information on—

(A)

efforts to ensure a secure supply chain for fifth-generation wireless network equipment and microelectronics;

(B)

the continued availability of electromagnetic spectrum for warfighting needs;

(C)

planned implementation of fifth-generation wireless network infrastructure in warfighting networks, base infrastructure, defense-related manufacturing, and logistics;

(D)

steps taken to work with allied and partner countries to protect critical networks and supply chains; and

(E)

such other topics as the Secretary considers relevant.

237.

Transfer of Combating Terrorism Technical Support Office

(a)

Transfer required

Not later than March 1, 2020, the Secretary of Defense shall transfer responsibilities for the authority, direction, and control of the Combating Terrorism Technical Support Office from the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict to the Under Secretary of Defense for Research and Engineering.

(b)

Report required

(1)

In general

Not later than the date that is 30 days before the date of the transfer of responsibilities required by subsection (a), the Secretary shall submit to the congressional defense committees a report on such transfer.

(2)

Contents

The report submitted under paragraph (1) shall include the following:

(A)

An assessment of the relevance of the roles, responsibilities, and objectives of the Combating Terrorism Technical Support Office to supporting implementation of the National Defense Strategy and recommendations, if any, for changes to the roles, responsibilities, and objectives of the Combating Terrorism Technical Support Office for the purpose of supporting implementation of the National Defense Strategy.

(B)

An articulation of any anticipated efficiencies resulting from the transfer of responsibilities as described in subsection (a).

(C)

Such other matters as the Secretary considers relevant.

238.

Briefing on cooperative defense technology programs and risks of technology transfer to China or Russia

(a)

Briefing required

Not later than March 1, 2020, the Secretary of Defense, in consultation with the Director of National Intelligence, shall provide the congressional defense committees a briefing, and documents as appropriate, on current cooperative defense technology programs of the Department of Defense with any country the Secretary assesses to be engaged in significant defense or other advanced technology cooperation with the People’s Republic of China or the Russian Federation.

(b)

Matters to be addressed

The briefing required by subsection (a) shall address the following matters:

(1)

Whether any current cooperative defense technology programs of the Department of Defense increase the risk of technology transfer to the People’s Republic of China or the Russian Federation.

(2)

What actions the Department of Defense has taken to mitigate the risk of technology transfer to the People’s Republic of China or the Russian Federation with respect to current cooperative defense technology programs.

(3)

Such recommendations as the Secretary may have for legislative or administrative action to prevent technology transfer to the People’s Republic of China or the Russian Federation with respect to cooperative defense technology programs, especially as it relates to capabilities the Secretary assesses to be critical to maintain or restore the comparative military advantage of the United States.

(c)

Notification required

The Secretary shall provide the congressional committees a written notification not later than 15 days after any decision to suspend or terminate a cooperative defense technology program due to the risk or occurrence of technology transfer to the People’s Republic of China or the Russian Federation.

239.

Modification of authority for prizes for advanced technology achievements

Section 2374a(a) of title 10, United States Code, is amended by striking Assistant Secretary of Defense for Research and Engineering and inserting Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment,.

240.

Use of funds for Strategic Environmental Research Program, Environmental Security Technical Certification Program, and Operational Energy Capability Improvement

Of the funds authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4201 for the Strategic Environmental Research Program, Operational Energy Capability Improvement, and the Environmental Security Technical Certification Program, the Secretary of Defense shall expend amounts as follows:

(1)

Not less than $10,000,000 on the development and demonstration of long duration on-site energy battery storage for distributed energy assets.

(2)

Not less than $10,000,000 on the development, demonstration, and validation of non-fluorine based firefighting foams.

(3)

Not less than $10,000,000 on the development, demonstration, and validation of secure microgrids for both installations and forward operating bases.

(4)

Not less than $5,000,000 on the development, demonstration, and validation of technologies that can harvest potable water from air.

241.

Funding for the Sea-Launched Cruise Missile–Nuclear analysis of alternatives

(a)

Availability of funding

Of the amount authorized to be appropriated for fiscal year 2020 by section 201 for research, development, test, and evaluation, at least $5,000,000 shall be available for the analysis of alternatives for the Sea-Launched Cruise Missile–Nuclear.

(b)

Program of record

The Secretary of Defense shall make the Sea-Launched Cruise Missile–Nuclear a program of record.

242.

Review and assessment pertaining to transition of Department of Defense-originated dual-use technology

(a)

In general

The Under Secretary of Defense for Research and Engineering shall—

(1)

conduct a review of the Department of Defense science and technology enterprise’s intellectual property and strategy for awarding exclusive commercial rights to industry partners; and

(2)

assess whether its practices are encouraging or constraining technology diffusion where desirable.

(b)

Elements

The review and assessment required by subsection (a) shall include consideration of the following:

(1)

The retention or relinquishment by the Department of intellectual property rights and the effect thereof.

(2)

The granting by the Department of exclusive commercial rights and the effect thereof.

(3)

The potential of research prizes, vice payment and exclusive commercial rights, on contract as remuneration for science and technology activities.

(4)

The potential of science and technology programs with intellectual property strategies that do not include commercialization monopolies.

(5)

The potential of establishing price ceilings for licenses and commercial sale mandates to discourage selective commercial hoarding.

(6)

The activities of the Department in effect on the day before the date of the enactment of this Act to promulgate to approved users in the commercial sector the intellectual property that the Department retains and their potential applications.

(7)

Such other major factors as may inhibit the diffusion of Department-funded technology in the commercial sector where desirable.

(c)

University partnership

In carrying out subsection (a), the Under Secretary shall partner with a business school or law school of a university with resident economics and intellectual property expertise.

(d)

Report

(1)

In general

Not later than May 1, 2020, the Under Secretary shall submit to the congressional defense committees a report on the findings of the Under Secretary with respect to the review and assessment required by subsection (a).

(2)

Recommendations

The report required by paragraph (1) shall include such recommendations as the Under Secretary may have for legislative or administrative action to improve the diffusion of the intellectual property and technology of the science and technology enterprise of the Department.

III

Operation and Maintenance

A

Authorization of Appropriations

301.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

B

Energy and Environment

311.

Use of operational energy cost savings of Department of Defense

Section 2912 of title 10, United States Code, is amended—

(1)

in subsection (a), by striking subsection (b) and inserting subsection (b) or (c), as the case may be,;

(2)

in subsection (b), in the matter preceding paragraph (1), by striking The Secretary of Defense and inserting Except as provided in subsection (c) with respect to operational energy cost savings, the Secretary of Defense;

(3)

by redesignating subsection (c) as subsection (d); and

(4)

by inserting after subsection (b) the following new subsection (c):

(c)

Use of operational energy cost savings

The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be used for the implementation of additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.

.

312.

Use of proceeds from sales of electrical energy generated from geothermal resources

Section 2916(b) of title 10, United States Code, is amended—

(1)

in paragraph (1), by striking Except as provided in paragraph (3), proceeds and inserting Proceeds; and

(2)

by striking paragraph (3).

313.

Energy resilience programs and activities

(a)

Modification of annual energy management and resilience report

Section 2925(a) of title 10, United States Code, is amended—

(1)

in the subsection heading, by inserting and readiness after mission assurance;

(2)

in the matter preceding paragraph (1), by inserting The Secretary shall ensure that mission operators of critical facilities provide to personnel of military installations any information necessary for the completion of such report. after by the Secretary.;

(3)

in paragraph (4), in the matter preceding subparagraph (A), by striking megawatts and inserting electric and thermal loads; and

(4)

in paragraph (5), by striking megawatts and inserting electric and thermal loads.

(b)

Funding for energy program offices

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall submit to the congressional defense committees a report stating whether the program offices specified in paragraph (2) are funded—

(A)

at proper levels to ensure that the energy resilience requirements of the Department of Defense are met; and

(B)

at levels that are not less than in any previous fiscal year.

(2)

Program offices specified

The program offices specified in this paragraph are the following:

(A)

The Power Reliability Enhancement Program of the Army.

(B)

The Office of Energy Initiatives of the Army.

(C)

The Office of Energy Assurance of the Air Force.

(D)

The Resilient Energy Program Office of the Navy.

(3)

Funding plan

(A)

In general

The Secretaries of the military departments shall include in the report submitted under paragraph (1) a funding plan for the next five fiscal years beginning after the date of the enactment of this Act to ensure that funding levels are, at a minimum, maintained during that period.

(B)

Elements

The funding plan under subparagraph (A) shall include, for each fiscal year covered by the plan, an identification of the amounts to be used for the accomplishment of energy resilience goals and objectives.

(c)

Establishment of targets for water use

The Secretary of Defense shall, where life-cycle cost-effective, improve water use efficiency and management by the Department of Defense, including storm water management, by—

(1)

installing water meters and collecting and using water balance data of buildings and facilities to improve water conservation and management;

(2)

reducing industrial, landscaping, and agricultural water consumption in gallons by two percent annually through fiscal year 2030 relative to a baseline of such consumption by the Department in fiscal year 2010; and

(3)

installing appropriate sustainable infrastructure features on installations of the Department to help with storm water and wastewater management.

314.

Native American Indian lands environmental mitigation program

(a)

In general

Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

2712.

Native American lands environmental mitigation program

(a)

Establishment

The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of actions by the Department of Defense on Indian lands and culturally connected locations.

(b)

Program activities

The activities that may be carried out under the program established under subsection (a) are the following:

(1)

Identification, investigation, and documentation of suspected environmental effects attributable to past actions by the Department of Defense.

(2)

Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.

(3)

Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department.

(4)

Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department.

(5)

Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.

(6)

Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by action by the Department, including training personnel of the Department to ensure compliance with the policy.

(c)

Cooperative agreements

(1)

In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.

(2)

Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.

(3)

A cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year only if the total period of performance does not exceed two calendar years.

(d)

Definitions

In this section:

(1)

The term Indian land includes—

(A)

any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;

(B)

any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;

(C)

Alaska Native village and regional corporation lands; and

(D)

lands and waters upon which any Federally recognized Indian tribe has rights reserved by treaty, act of Congress, or action by the President.

(2)

The term Indian tribe has the meaning given such term in section 2701(d)(4)(A) of this title.

(3)

The term culturally connected location means a location or place that has demonstrable significance to Indians or Alaska Natives based on its association with the traditional beliefs, customs, and practices of a living community, including locations or places where religious, ceremonial, subsistence, medicinal, economic, or other lifeways practices have historically taken place.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 160 of such title is amended by inserting after the item relating to section 2711 the following new item:

2712. Native American lands environmental mitigation program.

.

315.

Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota

(a)

Transfer amount

Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Administrator of the Environmental Protection Agency—

(1)

in fiscal year 2020, not more than $890,790; and

(2)

in each of fiscal years 2021 through 2026, not more than $150,000.

(b)

Purpose of reimbursement

The amount authorized to be transferred under subsection (a) is to reimburse the Environmental Protection Agency for costs the Agency has incurred and will incur relating to the response actions performed at the Twin Cities Army Ammunition Plant, Minnesota, through September 30, 2025.

(c)

Interagency agreement

The reimbursement described in subsection (b) is intended to satisfy certain terms of the interagency agreement entered into by the Department of the Army and the Environmental Protection Agency for the Twin Cities Army Ammunition Plant that took effect in December 1987 and that provided for the recovery of expenses by the Agency from the Department of the Army.

316.

Prohibition on use of perfluoroalkyl substances and polyfluoroalkyl substances for land-based applications of firefighting foam

(a)

Limitation

After October 1, 2022, no funds of 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 and disposal of existing stocks

Not later than October 1, 2023, the Secretary of Defense shall—

(1)

cease the use of firefighting foam containing in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances; and

(2)

dispose of all existing stocks of such firefighting foam in accordance with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

(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)

Perfluoroalkyl substances

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)

Polyfluoroalkyl substances

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).

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.

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)).

(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).

319.

Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard

(a)

Definition of facility

Section 2700(2) of title 10, United States Code, is amended—

(1)

by striking The terms and inserting (A) The terms; and

(2)

by adding at the end the following new subparagraph:

(B)

The term facility includes real property that is owned by, leased to, or otherwise possessed by the United States at locations at which military activities are conducted under this title or title 32 (including real property owned or leased by the Federal Government that is licensed to and operated by a State for training for the National Guard).

.

(b)

Inclusion of pollutants and contaminants in environmental response actions

Section 2701(c) of such title is amended by inserting or pollutants or contaminants after hazardous substances each place it appears.

(c)

Establishment of environmental restoration accounts

Section 2703(a) of such title is amended by adding at the end the following new paragraphs:

(6)

An account to be known as the Environmental Restoration Account, Army National Guard (for real property owned or leased by the Federal Government that is licensed to and operated by a State for training for the Army National Guard).

(7)

An account to be known as the Environmental Restoration Account, Air National Guard (for real property owned or leased by the Federal Government that is licensed to and operated by a State for training for the Air National Guard).

.

320.

Budgeting of Department of Defense relating to extreme weather

(a)

In general

The Secretary of Defense shall include in the annual budget submission of the President under section 1105(a) of title 31, United States Code—

(1)

a dedicated budget line item for adaptation to, and mitigation of, effects of extreme weather on military networks, systems, installations, facilities, and other assets and capabilities of the Department of Defense; and

(2)

an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result extreme weather events.

(b)

Disaggregation of impacts and costs

The estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense Agency, and other component or element of the Department.

(c)

Extreme weather defined

In this section, the term extreme weather means recurrent flooding, drought, desertification, wildfires, and thawing permafrost.

321.

Pilot program for availability of working-capital funds for increased combat capability through energy optimization

(a)

In general

Notwithstanding section 2208 of title 10, United States Code, the Secretary of Defense and the military departments may use a working capital fund established pursuant to that section for expenses directly related to conducting a pilot program for energy optimization initiatives described in subsection (b).

(b)

Energy optimization initiatives

Energy optimization initiatives covered by the pilot program include the research, development, procurement, installation, and sustainment of technologies or weapons system platforms, and the manpower required to do so, that would improve the efficiency and maintainability, extend the useful life, lower maintenance costs, or provide performance enhancement of the weapon system platform or major end item.

(c)

Limitation on certain projects

Funds may not be used pursuant to subsection (a) for—

(1)

any product improvement that significantly changes the performance envelope of an end item; or

(2)

any single component with an estimated total cost in excess of $10,000,000.

(d)

Limitation in fiscal year pending timely report

If during any fiscal year the report required by paragraph (1) of subsection (e) is not submitted by the date specified in paragraph (2) of that subsection, funds may not be used pursuant to subsection (a) during the period—

(1)

beginning on the date specified in such paragraph (2); and

(2)

ending on the date of the submittal of the report.

(e)

Annual report

(1)

In general

The Secretary of Defense shall submit an annual report to the congressional defense committees on the use of the authority under subsection (a) during the preceding fiscal year.

(2)

Deadline for submittal

The report required by paragraph (1) in a fiscal year shall be submitted not later than 60 days after the date of the submittal to Congress of the budget of the President for the succeeding fiscal year pursuant to section 1105 of title 31, United States Code.

(3)

Recommendation

In the case of the report required to be submitted under paragraph (1) during fiscal year 2020, the report shall include the recommendation of the Secretary of Defense and the military departments regarding whether the authority under subsection (a) should be made permanent.

(f)

Sunset

The authority under subsection (a) shall expire on October 1, 2024.

322.

Report on efforts to reduce high energy intensity at military installations

(a)

Report

(1)

Report required

Not later than September 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment, in conjunction with the assistant secretaries responsible for installations and environment for the military departments and the Defense Logistics Agency, shall submit to the congressional defense committees a report detailing the efforts to achieve cost savings at military installations with high energy intensity.

(2)

Elements

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

(A)

A comprehensive, installation-specific assessment of feasible and mission-appropriate energy initiatives supporting energy production and consumption at military installations with high energy intensity.

(B)

An assessment of current sources of energy in areas with high energy intensity and potential future sources that are technologically feasible, cost-effective, and mission-appropriate for military installations.

(C)

A comprehensive implementation strategy to include required investment for feasible energy efficiency options determined to be the most beneficial and cost-effective, where appropriate, and consistent with priorities of the Department of Defense.

(D)

An explanation on how the military departments are working collaboratively in order to leverage lessons learned on potential energy efficiency solutions.

(E)

An assessment of the extent to which activities administered under the Federal Energy Management Program of the Department of Energy could be used to assist with the implementation strategy under subparagraph (C).

(F)

An assessment of State and local partnership opportunities that could achieve efficiency and cost savings, and any legislative authorities required to carry out such partnerships or agreements.

(3)

Coordination with State, local, and other entities

In preparing the report required under paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment may work in conjunction and coordinate with the States containing areas of high energy intensity, local communities, and other Federal agencies.

(b)

Definition

In this section, the term high energy intensity means costs for the provision of energy by kilowatt of electricity or British Thermal Unit of heat or steam for a military installation in the United States that is in the highest 20 percent of all military installations for a military department.

323.

Technical and grammatical corrections and repeal of obsolete provisions relating to energy

(a)

Technical and grammatical corrections

(1)

Technical corrections

Title 10, United States Code, is amended—

(A)

in section 2913(c), by striking government and inserting government or; and

(B)

in section 2926(d)(1), in the second sentence, by striking Defense Agencies and inserting the Defense Agencies.

(2)

Grammatical corrections

Such title is further amended—

(A)

in section 2922a(d), by striking resilience are prioritized and included and inserting energy resilience are included as critical factors; and

(B)

in section 2925(a)(3), by striking impacting energy and all that follows through the period at the end and inserting degrading energy resilience at military installations (excluding planned outages for maintenance reasons), whether caused by on- or off-installation disruptions, including the total number of outages and their locations, the duration of each outage, the financial effect of each outage, whether or not the mission was affected, the downtimes (in minutes or hours) the mission can afford based on mission requirements and risk tolerances, the responsible authority managing the utility, and measures taken to mitigate the outage by the responsible authority..

(b)

Clarification of applicability of conflicting amendments made by 2018 Defense Authorization Act

Section 2911(e) of such title is amended—

(1)

by striking paragraphs (1) and (2) and inserting the following new paragraphs:

(1)

Opportunities to reduce the current rate of consumption of energy, the future demand for energy, and the requirement for the use of energy.

(2)

Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations.

; and

(2)

by striking the second paragraph (13).

(c)

Conforming and clerical amendments

(1)

Heading amendment

The heading of section 2926 of such title is amended to read as follows:

2926.

Operational energy

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 173 of such title is amended by striking the item relating to section 2926 and inserting the following new item:

2926. Operational energy.

.

C

Logistics and Sustainment

331.

Requirement for memoranda of understanding between the Air Force and the Navy regarding depot maintenance

Before the Secretary of the Navy transfers any maintenance action on a platform to a depot under the jurisdiction of the Secretary of the Air Force or the Secretary of the Air Force transfers any maintenance action on a platform to a depot under the jurisdiction of the Secretary of the Navy, the Air Logistics Complex Commander and the Commander of Naval Air Systems Command shall enter into a joint memorandum of understanding that lists out responsibilities for work and technical oversight responsibilities for such maintenance.

332.

Modification to limitation on length of overseas forward deployment of naval vessels

Section 323 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Extension of limitation on length of overseas forward deployment for U.S.S. Shiloh (CG–67)

Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG–67) is assigned a homeport in the United States by not later than September 30, 2023.

.

D

Reports

341.

Report on modernization of Joint Pacific Alaska Range Complex

(a)

Report required

Not later than May 1, 2020, the Secretary of the Air Force shall submit to the congressional defense committees a report on the long-term modernization of the Joint Pacific Alaska Range Complex (in this section referred to as the JPARC).

(b)

Elements

The report required under subsection (a) shall include the following:

(1)

An assessment of the requirement for the JPARC to provide realistic training against modern adversaries, including 5th generation adversary aircraft and ground threats, and any current limitations compared to those requirements.

(2)

An assessment of the requirement for JPARC to provide a realistic anti-access area denial training environment and any current limitations compared to those requirements.

(3)

An assessment of the requirement to modernize the JPARC to provide realistic threats in a large-scale, combined-arms near-peer environment and any current limitations in meeting that requirement. The assessment should include—

(A)

target sets;

(B)

early warning and surveillance systems;

(C)

threat systems;

(D)

real-time communications capacity and security;

(E)

instrumentation and enabling mission data fusion capabilities; and

(F)

such other range deficiencies as the Secretary of the Air Force considers appropriate to identify.

(4)

A plan for balancing coalition training against training only for members of the Armed Forces of the United States at the JPARC.

E

Other Matters

351.

Strategy to improve infrastructure of certain depots of the Department of Defense

(a)

Strategy required

Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a comprehensive strategy for improving the depot infrastructure of the military departments with the objective of ensuring that all covered depots have the capacity and capability to support the readiness and material availability goals of current and future weapon systems of the Department of Defense.

(b)

Elements

The strategy under subsection (a) shall include the following:

(1)

A comprehensive review of the conditions and performance at each covered depot, including the following:

(A)

An assessment of the current status of the following elements:

(i)

Cost and schedule performance of the depot.

(ii)

Material availability of weapon systems supported at the depot and the impact of the performance of the depot on that availability.

(iii)

Work in progress and non-operational items awaiting depot maintenance.

(iv)

The condition of the depot.

(v)

The backlog of restoration and modernization projects at the depot.

(vi)

The condition of equipment at the depot.

(B)

An identification of analytically based goals relating to the elements identified in subparagraph (A).

(2)

A business-case analysis that assesses investment alternatives comparing cost, performance, risk, and readiness outcomes and recommends an optimal investment approach across the Department of Defense to ensure covered depots efficiently and effectively meet the readiness goals of the Department, including an assessment of the following alternatives:

(A)

The minimum investment necessary to meet investment requirements under section 2476 of title 10, United States Code.

(B)

The investment necessary to ensure the current inventory of facilities at covered depots can meet the mission-capable, readiness, and contingency goals of the Secretary of Defense.

(C)

The investment necessary to execute the depot infrastructure optimization plans of each military department.

(D)

Any other strategies for investment in covered depots, as identified by the Secretary.

(3)

A plan to improve conditions and performance of covered depots that identifies the following:

(A)

The approach of the Secretary of Defense for achieving the goals outlined in paragraph (1)(B).

(B)

The resources and investments required to implement the plan.

(C)

The activities and milestones required to implement the plan.

(D)

A results-oriented approach to assess—

(i)

the progress of each military department in achieving such goals; and

(ii)

the progress of the Department in implementing the plan.

(E)

Organizational roles and responsibilities for implementing the plan.

(F)

A process for conducting regular management review and coordination of the progress of each military department in implementing the plan and achieving such goals.

(G)

The extent to which the Secretary has addressed recommendations made by the Comptroller General of the United States relating to depot operations during the five-year period preceding the date of submittal of the strategy under this section.

(H)

Risks to implementing the plan and mitigation strategies to address those risks.

(c)

Annual report on progress

As part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, the Secretary of Defense shall submit to the congressional defense committees a report describing the progress made in—

(1)

implementing the strategy under subsection (a); and

(2)

achieving the goals outlined in subsection (b)(1)(B).

(d)

Comptroller General reports

(1)

Assessment of strategy

Not later than January 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the extent to which the strategy under subsection (a) meets the requirements of this section.

(2)

Assessment of implementation

Not later than April 1, 2022, the Comptroller General shall submit to the congressional defense committees a report setting forth an assessment of the extent to which the strategy under subsection (a) has been effectively implemented by each military department and the Secretary of Defense.

(e)

Covered depot defined

In this section, the term covered depot has the meaning given that term in section 2476(e) of title 10, United States Code.

352.

Limitation on use of funds regarding the basing of KC–46A aircraft outside the continental United States

(a)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the projected plan and timeline for strategic basing of the KC–46A aircraft outside the continental United States.

(2)

Elements

In considering basing options in the report required by paragraph (1), the Secretary of the Air Force shall consider locations that—

(A)

support day-to-day air refueling operations, operations plans of the combatant commands, and flexibility for contingency operations, and have—

(i)

a strategic location that is essential to the defense of the United States and its interests;

(ii)

receivers for boom or probe-and-drogue combat training opportunities with joint and international partners; and

(iii)

sufficient airfield and airspace availability and capacity to meet requirements; and

(B)

possess facilities that—

(i)

take full advantage of existing infrastructure to provide—

(I)

runways, hangars, and aircrew and maintenance operations; and

(II)

sufficient fuel receipt, storage, and distribution for a five-day peacetime operating stock; and

(ii)

minimize overall construction and operational costs.

(b)

Limitation on use of funds

Not more than 85 percent of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for operation and maintenance for the Management Headquarters Program (Program Element 92398F) may be obligated or expended until the Secretary of the Air Force submits the report required by subsection (a) unless the Secretary of the Air Force certifies to Congress that the use of additional funds is mission essential.

353.

Prevention of encroachment on military training routes and military operations areas

Section 183a of title 10, United States Code, is amended—

(1)

in subsection (c)(6)—

(A)

by striking radar or airport surveillance radar operated and inserting radar, airport surveillance radar, or wide area surveillance over-the-horizon radar operated; and

(B)

by inserting Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity. after mitigation options.;

(2)

in subsection (d)—

(A)

in paragraph (2)(E), by striking to a Deputy Secretary of Defense, an Under Secretary of Defense, or a Principal Deputy Under Secretary of Defense and inserting to the Deputy Secretary of Defense, an Under Secretary of Defense, or a Deputy Under Secretary of Defense;

(B)

by redesignating paragraph (3) as paragraph (4); and

(C)

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

(3)

The governor of a State may recommend to the Secretary of Defense additional geographical areas of concern within that State. Any such recommendation shall be submitted for notice and comment pursuant to paragraph (2)(C).

;

(3)

in subsection (e)(3), by striking an under secretary of defense, or a deputy under secretary of defense and inserting an Under Secretary of Defense, or a Deputy Under Secretary of Defense;

(4)

in subsection (f), by striking from an applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49 and inserting from an entity requesting a review by the Clearinghouse under this section; and

(5)

in subsection (h)—

(A)

by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (4), (5), (6), (7), and (9), respectively;

(B)

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

(3)

The term governor, with respect to a State, means the chief executive officer of the State.

;

(C)

in paragraph (7), as redesignated by subparagraph (A), by striking by the Federal Aviation Administration and inserting by the Administrator of the Federal Aviation Administration; and

(D)

by inserting after paragraph (7), as redesignated by subparagraph (A), the following new paragraph:

(8)

The term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.

.

354.

Expansion and enhancement of authorities on transfer and adoption of military animals

(a)

Transfer and adoption generally

Section 2583 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the subsection heading, by inserting transfer or before adoption; and

(B)

by striking adoption each place it appears and inserting transfer or adoption;

(2)

in subsection (b)—

(A)

in the subsection heading, by inserting transfer or before adoption; and

(B)

in the first sentence, by striking adoption and inserting transfer or adoption; and

(C)

in the second sentence, striking adoptability and inserting transferability or adoptability;

(3)

in subsection (c)(1)—

(A)

in the matter preceding subparagraph (A)—

(i)

by inserting transfer or before adoption; and

(ii)

by inserting , by after recommended priority;

(B)

in subparagraphs (A) and (B), by inserting adoption before by;

(C)

in subparagraph (B), by inserting or organizations after persons; and

(D)

in subparagraph (C), by striking by and inserting transfer to; and

(4)

in subsection (e)—

(A)

in the subsection heading, by inserting or adoptedafter transferred;

(B)

in paragraphs (1) and (2), by striking transferred each place it appears and inserting transferred or adopted; and

(C)

in paragraph (2), by striking transfer each place it appears and inserting transfer or adoption.

(b)

Veterinary screening and care for military working dogs to be retired

Such section is further amended—

(1)

by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and

(2)

by inserting after subsection (e) the following new subsection (f):

(f)

Veterinary screening and care for military working dogs To be retired

(1)
(A)

If the Secretary of the military department concerned determines that a military working dog should be retired, such Secretary shall transport the dog to the Veterinary Treatment Facility at Lackland Air Force Base, Texas.

(B)

In the case of a contract working dog to be retired, transportation required by subparagraph (A) is satisfied by the transfer of the dog to the 341st Training Squadron at the end of the dog's service life as required by section 2410r of this title and assignment of the dog to the Veterinary Treatment Facility referred to in that subparagraph.

(2)
(A)

The Secretary of Defense shall ensure that each dog transported as described in paragraph (1) to the Veterinary Treatment Facility referred to in that paragraph is provided with a full veterinary screening, and necessary veterinary care (including surgery for any mental, dental, or stress-related illness), before transportation of the dog in accordance with subsection (g).

(B)

For purposes of this paragraph, stress-related illness includes illness in connection with post-traumatic stress, anxiety that manifests in a physical ailment, obsessive compulsive behavior, and any other stress-related ailment.

(3)

Transportation is not required under paragraph (1), and screening and care is not required under paragraph (2), for a military working dog located outside the United States if the Secretary of the military department concerned determines that transportation of the dog to the United States would not be in the best interests of the dog for medical reasons.

.

(c)

Coordination of screening and care requirements with transportation requirements

Subsection (g) of such section, as redesignated by subsection (b)(1) of this section, is amended to read as follows:

(g)

Transportation of retiring military working dogs

Upon completion of veterinary screening and care for a military working dog to be retired pursuant to subsection (f), the Secretary of the military department concerned shall—

(1)

if the dog was at a location outside the United States immediately prior to transportation for such screening and care and a United States citizen or member of the armed forces living abroad agrees to adopt the dog, transport the dog to such location for adoption; or

(2)

for any other dog, transport the dog—

(A)

to the 341st Training Squadron;

(B)

to another location within the United States for transfer or adoption under this section.

.

(d)

Preservation of policy on transfer of military working dogs to law enforcement agencies

Subsection (h) of such section, as so redesignated, is amended in paragraph (3) by striking adoption of military working dogs and all that follows through the period at the end and inserting transfer of military working dogs to law enforcement agencies before the end of the dogs’ useful working lives..

(e)

Clarification of horses treatable as military animals

Subsection (i) of such section, as so redesignated, is amended by striking paragraph (2) and inserting the following new paragraph (2):

(2)

An equid (horse, mule, or donkey) owned by the Department of Defense.

.

(f)

Contract term for contract working dogs

Section 2410r(a) of title 10, United States Code, is amended—

(1)

by inserting , and shall contain a contract term, after shall require;

(2)

by inserting and assigned for veterinary screening and care in accordance with section 2583 of this title after 341st Training Squadron; and

(3)

by striking section 2583 of this title and inserting such section.

355.

Limitation on contracting relating to Defense Personal Property Program

(a)

Contracting prohibition

The Secretary of Defense may not enter into or award any single or multiple-award contract to a single-source or multiple-vendor commercial provider for the management of the Defense Personal Property Program during the period beginning on the date of the enactment of this Act and ending on the date that is 60 days after the date on which the Comptroller General of the United States submits to the congressional defense committees a report on the administration of the Defense Personal Property Program, which was requested by the Committee on Armed Services of the Senate to be submitted to the congressional defense committees not later than February 15, 2020.

(b)

Review of proposals

Nothing in this section shall be construed as preventing the Secretary of Defense from reviewing or evaluating any solicited or unsolicited proposals to improve the Defense Personal Property Program.

356.

Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units

(a)

In general

The Chairman of the Joint Chiefs of Staff shall modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI) 3401.02B, on Force Readiness Reporting, to prohibit the commander of a military unit who is responsible for monthly reporting of the readiness of the unit under the instruction from making any upgrade of the overall rating of the unit (commonly referred to as the C-rating) for such reporting purposes based in whole or in part on subjective factors.

(b)

Waiver

(1)

In general

The modification required by subsection (a) shall authorize an officer in a general or flag officer grade in the chain of command of a commander described in that subsection to waive the prohibition described in that subsection in connection with readiness reporting on the unit concerned if the officer considers the waiver appropriate in the circumstances.

(2)

Reporting on waivers

Each report on personnel and unit readiness submitted to Congress for a calendar year quarter pursuant to section 482 of title 10, United States Code, shall include information on each waiver, if any, issued pursuant to paragraph (1) during such calendar year quarter.

357.

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

Section 345(d) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2667 note) is amended by striking September 30, 2020 and inserting September 30, 2025.

358.

Clarification of food ingredient requirements for food or beverages provided by the Department of Defense

(a)

In general

Before making any final rule, statement, or determination regarding the limitation or prohibition of any food or beverage ingredient in military food service, military medical foods, commissary food, or commissary food service, the Secretary of Defense shall publish in the Federal Register a notice of a preliminary rule, statement, or determination (in this section referred to as a proposed action) and provide opportunity for public comment.

(b)

Matters To be included

The Secretary shall include in any notice published under subsection (a) the following:

(1)

The date and contact information for the appropriate office at the Department of Defense.

(2)

A summary of the notice.

(3)

A date for comments to be submitted and specific methods for submitting comments.

(4)

A description of the substance of the proposed action.

(5)

Findings and a statement of reason supporting the proposed action.

359.

Technical correction to deadline for transition to Defense Readiness Reporting System Strategic

Section 358(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking October 1, 2019 and inserting October 1, 2020.

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.

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 authorized number of military technicians (dual status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 22,294.

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 13,569.

(4)

For the Air Force Reserve, 8,938.

(b)

Variance

Notwithstanding section 115 of title 10, United States Code, the end strength prescribed by subsection (a) for a reserve component specified in that subsection may be increased—

(1)

by 3 percent, upon determination by the Secretary of Defense that such action is in the national interest; and

(2)

by 2 percent, upon determination by the Secretary of the military department concerned that such action would enhance manning and readiness in essential units or in critical specialties or ratings.

(c)

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.

(d)

Adjustment of authorized strength

(1)

In general

If, at the end of fiscal year 2019, the Air National Guard of the United States does not meet its full-time support realignment goals for such fiscal year (as presented in the justification materials of the Department of Defense in support of the budget of the President for such fiscal year under section 1105 of title 31, United States Code), the authorized number of military technicians (dual status) of the Air National Guard of the United States under subsection (a)(3) shall be increased by the number equal to difference between—

(A)

3,190, which is the number of military technicians (dual status) positions in the Air National Guard of the United States sought to be converted to the Active, Guard, and Reserve program of the Air National Guard during fiscal year 2019; and

(B)

the number of realigned positions achieved in the Air National Guard by the end of fiscal year 2019.

(2)

Limitation

The increase under paragraph (1) in the authorized number of military technician (dual status) positions described in that paragraph may not exceed 2,292.

(3)

Decrease in authorized number of ANGUS Reserves on active duty in support of the reserves

In the event of an adjustment to the authorized number military technicians (dual status) of the Air National Guard of the United States under this subsection, the number of members of the Air National Guard of the United States authorized by section 412(5) to be on active duty as of September 30, 2020, shall be decreased by the number equal to the number of such adjustment.

(e)

Certification

Not later than January 1, 2020, the Chief of the National Guard Bureau shall certify to the Committees on Armed Services of the Senate and House of Representatives the number of positions realigned from a military technician (dual status) position to a position in the Active, Guard, and Reserve program of a reserve component in fiscal year 2019.

(f)

Definitions

In subsections (c), (d), and (e):

(1)

The term realigned position means any military technician (dual status) position which has been converted or realigned to a position in an Active, Guard, and Reserve program of a reserve component under the full time support rebalancing plan of the Armed Force concerned, regardless of whether such position is encumbered.

(2)

The term Active, Guard, and Reserve program, in the case of a reserve component, means the program of the reserve component under which Reserves serve on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training such reserve component.

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.

415.

Authorized strengths for Marine Corps Reserves on active duty

(a)

Officers

Section 12011(a)(1) of title 10, United States Code, is amended by striking that part of the table pertaining to the Marine Corps Reserve and inserting the following:

“Marine Corps Reserve:

2,40014310534
2,50014910935
2,60015511336
2,70016111837
2,80016712239
2,90017312641
3,00017913042”.
(b)

Senior enlisted members

Section 12012(a) of title 10, United States Code, is amended by striking that part of the table pertaining to the Marine Corps Reserve and inserting the following:

“Marine Corps Reserve:

2,40010624
2,50011225
2,60011626
2,70012127
2,80012528
2,90013029
3,00013430”.
(c)

Effective date

The amendments made by this section shall take effect on October 1, 2019, and shall apply with respect to fiscal years beginning on or after that date.

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 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.

Repeal of codified specification of authorized strengths of certain commissioned officers on active duty

Effective as of October 1, 2020, the text of section 523 of title 10, United States Code, is amended to read as follows:

The total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps in each of the grades of major, lieutenant colonel, or colonel, or in the Navy in each of the grades of lieutenant commander, commander, or captain, at the end of any fiscal year shall be as specifically authorized by Act of Congress for such fiscal year.

.

502.

Maker of original appointments in a regular or reserve component of commissioned officers previously subject to original appointment in other type of component

(a)

Maker of regular appointments in transfer from reserve active-status list to active-duty list

Section 531(c) of title 10, United States Code, is amended by striking the Secretary concerned and inserting the Secretary of Defense.

(b)

Maker of reserve appointments in transfer from active-duty list to reserve active-status list

Subsection (b) of section 12203 of such title is amended by striking the Secretary concerned and inserting the Secretary of Defense.

(c)

Treatment of regular appointment as constructive reserve appointment To facilitate transfer from active duty list to reserve active-status list

Such section 12203 is further amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

For purposes of appointments under this section, an officer who receives an original appointment as a regular commissioned officer in a grade under section 531 of this title that is made on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 shall be deemed also to have received an original appointment as a reserve commissioned officer in such grade.

.

503.

Furnishing of adverse information on officers to promotion selection boards

(a)

Expansion of grades of officers for which information is furnished

Section 615(a)(3) of title 10, United States Code, is amended—

(1)

by inserting (A) after (3);

(2)

in subparagraph (A), as designated by paragraph (1), by striking a grade above colonel or, in the case of the Navy, captain, and inserting a grade specified in subparagraph (B); and

(3)

by adding at the end the following new subparagraph:

(B)

A grade specified in this subparagraph is as follows:

(i)

In the case of a regular officer, a grade above captain or, in the case of the Navy, lieutenant.

(ii)

In the case of a reserve officer, a grade above lieutenant colonel or, in the case of the Navy, commander.

.

(b)

Furnishing at every phase of consideration

Such section is further amended by adding at the end the following new subparagraph:

(C)

The standards and procedures referred to in subparagraph (A) shall require the furnishing to the selection board, and to each individual member of the board, the information described in that paragraph with regard to an officer in a grade specified in subparagraph (B) at each stage or phase of the selection board, concurrent with the screening, rating, assessment, evaluation, discussion, or other consideration by the board or member of the official military personnel file of the officer, or of the officer.

.

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to the proceedings of promotion selection boards convened under section 611(a) of title 10, United States Code, after that date.

504.

Limitation on number of officers recommendable for promotion by promotion selection boards

(a)

In general

Section 616 of title 10, United States Code is amended—

(1)

by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and

(2)

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

(d)

The number of officers recommended for promotion by a selection board convened under section 611(a) of this title may not exceed the number equal to 95 percent of the number of officers included in the promotion zone established under section 623 of this title for consideration by the board.

.

(b)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to consideration by promotion selection boards convened under section 611(a) of title 10, United States Code, of promotion zones that are established under section 623 of that title on or after that date.

505.

Expansion of authority for continuation on active duty of officers in certain military specialties and career tracks

Section 637a(a) of title 10, United States Code, is amended by inserting separation or after provided for the.

506.

Higher grade in retirement for officers following reopening of determination or certification of retired grade

(a)

Advice and consent of Senate required for higher grade

Section 1370(f) of title 10, United States Code, is amended—

(1)

by redesignating paragraph (5) as paragraph (6); and

(2)

by inserting after paragraph (4) the following new paragraph (5):

(5)

If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of officer's retired grade, the increase in the retired grade shall be made by the Secretary of Defense, by and with the advice and consent of the Senate.

.

(b)

Recalculation of retired pay

Paragraph (6) of such section, as redesignated by subsection (a)(1), is amended—

(1)

by inserting or increased after reduced;

(2)

by inserting as a result of the reduction or increase after any modification of the retired pay of the officer;

(3)

by inserting or increase after the reduction; and

(4)

by adding at the end the following new sentence: An officer whose retired grade is increased as described in the preceding sentence shall not be entitled to an increase in retired pay for any period before the effective date of the increase..

(c)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to an increase in the retired grade of an officer that occurs through a reopening of the determination or certification of the officer's retired grade of officer on or after that date, regardless of when the officer retired.

507.

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 the 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 bases of individual risk to the officer or in the interest of national security, and may continue to withhold such information or notice only for so long as the basis for withholding remains in force.

B

Reserve Component Management

511.

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 (10 U.S.C. 10105 note) is repealed.

C

General Service Authorities

515.

Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo matters

(a)

Limitation on scope of delegations of approval of exceptions to deployment thresholds

Paragraph (3) of subsection (a) of section 991 of title 10, United States Code, is amended by striking be delegated to— and all that follows and inserting be delegated to a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate..

(b)

Separate policies on dwell time for regular and reserve members

Paragraph (4) of such subsection is amended—

(1)

by striking addresses the amount and inserting “addresses each of the following:

(1)

The amount

;

(2)

in paragraph (1), as designated by paragraph (1) of this subsection, by inserting regular before member; and

(3)

by adding at the end the following new paragraph:

(2)

The amount of dwell time a reserve member of the armed forces remains at the member’s permanent duty station after completing a deployment of 30 days or more in length.

.

(c)

Repeal of authority to prescribe alternative definition of deployment

Subsection (b) of such section is amended by striking paragraph (4).

516.

Repeal of requirement that parental leave be taken in one increment

(a)

In general

Subsection (i) of section 701 of title 10, United States Code, is amended—

(1)

by striking paragraph (5); and

(2)

by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively.

(b)

Conforming amendments

Subsection (j)(4) of such section is amended—

(1)

by striking paragraphs (6) through (10) and inserting paragraphs (5) through (9); and

(2)

by striking paragraph (9)(B) and inserting paragraph (8)(B).

517.

Digital engineering as a core competency of the Armed Forces

(a)

Policy

(1)

In general

It shall be a policy of the Department of Defense to promote and maintain digital engineering as a core competency of the civilian and military workforces of the Department, which policy shall be achieved by—

(A)

the recruitment, development, and retention of civilian employees and members of the Armed Forces with aptitude, experience, proficient expertise, or a combination thereof in digital engineering in and to the Department;

(B)

at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks on digital engineering, and related digital competencies (including data science, machine learning, software engineering, software product management, and artificial intelligence product management) for civilian employees of the Department and 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, use, and readiness of digital engineering civilian and military workforces to develop and deliver operational capabilities, leverage modern digital engineering technologies, develop advanced capabilities to support military missions, and employ modern business practices.

(2)

Digital engineering

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.

(b)

Responsibility

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall appoint a civilian official of the Department of Defense, at a level no lower than Assistant Secretary of Defense, for the development and discharge of the policy set forth in subsection (a). The official so designated 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).

(c)

Duties

In developing and providing for the discharge of the policy set forth in subsection (a), the Officer shall, in consultation with the Secretaries of the miliary departments, do the following:

(1)

Develop recruitment programs with various core initiatives, programs, activities, and mechanisms to identify and recruit civilians employees of the Department of Defense and members of the Armed Forces with demonstrated aptitude, interest, proficient expertise, or a combination thereof, in digital engineering particularly, 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 Armed Forces for a digital engineering career.

(2)

Develop and maintain education, training, doctrine, and professional development activities to support digital engineering skills of civilian employees of the Department and members of the Armed Forces.

(3)

Coordinate and synchronize digital force management activities throughout the Department, 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.

(4)

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 of digital forces.

(5)

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.

(6)

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 and competitive compensation processes to fill such positions.

(7)

Identify necessary changes in authorities, policies, resources, or a combination thereof to further the policy.

(8)

Develop a definition for digital engineering consistent with and aligned to Department needs and processes.

(d)

Plan

Not later than June 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to meet the requirements of this section. The plan shall set forth the following:

(1)

An identification of the Officer.

(2)

A timeline for full implementation of the requirements of this section.

(3)

A description of the career tracks authorized by this section for both the civilian and military workforces of the Department of Defense.

(4)

Recommendations for such legislative or administrative action as the Secretary considers appropriate in connection with implementation of such requirements.

518.

Modification of notification on manning of afloat naval forces

(a)

Timing of notification

Subsection (a) of section 525 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

in the matter preceding paragraph (1), by striking not later than 15 days after any of the following conditions are met: and inserting not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that, as of the last day of such fiscal year quarter, met either condition as follows:; and

(2)

in paragraphs (1) and (2), by striking is less and inserting was less.

(b)

Definitions of manning fit and manning fill

Subsection (d) of such section is amended in paragraphs (1) and (2) by striking the billets authorized and inserting the ship manpower document requirement..

519.

Report on expansion of the Close Airman Support team approach of the Air Force to the other Armed Forces

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the Secretaries of the feasibility and advisability of expanding the Close Airman Support (CAS) team approach of the Air Force to the other Armed Forces under the jurisdiction of such Secretaries.

(b)

Close Airman Support team approach

The Close Airman Support team approach of the Air Force referred to in subsection (a) is an approach by which personnel associated with an Air Force squadron, and led by a senior enlisted member of the squadron, take actions to improve relationships and communication among members of the squadron in order to promote positive social behaviors among such members as a squadron, including an embrace of proactive pursuit of needed assistance.

(c)

Scope of report

If the Secretaries determine that expansion of the Close Airman Support team approach to the other Armed Forces is feasible and advisable, the report under subsection (a) shall include a description of the manner in which the approach will be carried out in the other Armed Forces, including the manner, if any, in which the approach will be modified in the other Armed Forces to take into account the unique circumstances of such Armed Forces.

D

Military Justice and Related Matters

I

Matters Relating to Investigation, Prosecution, and Defense of Sexual Assault Generally

521.

Department of Defense-wide policy and military department-specific programs on reinvigoration of the prevention of sexual assault involving members of the Armed Forces

(a)

Policy required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue a comprehensive policy for the Department to reinvigorate the prevention of sexual assault involving members of the Armed Forces.

(b)

Policy elements

(1)

In general

The policy required by subsection (a) shall include the following:

(A)

Education and training for members of the Armed Forces on the prevention of sexual assault.

(B)

Elements for programs designed to encourage and promote healthy relationships among members of the Armed Forces.

(C)

Elements for programs designed to empower and enhance the role of non-commissioned officers in the prevention of sexual assault.

(D)

Elements for programs to foster social courage among members of the Armed Forces to encourage and promote intervention in situations in order to prevent sexual assault.

(E)

Processes and mechanisms designed to address behaviors among members of the Armed Forces that are included in the continuum of harm that frequently results in sexual assault.

(F)

Elements for programs designed to address alcohol abuse, including binge drinking, among members of the Armed Forces.

(G)

Such other elements, processes, mechanisms, and other matters as the Secretary of Defense considers appropriate.

(2)

Continuum of harm resulting in sexual assault

For purposes of paragraph (1)(E), the continuum of harm that frequently results in sexual assault includes hazing, sexual harassment, and related behaviors (including language choices, off-hand statements, jokes, and unconscious attitudes or biases) that create a permissive climate for sexual assault.

(c)

Programs required

Not later than 180 days after the issuance of the policy required by subsection (a), each Secretary of a military department shall develop and implement for each Armed Force under the jurisdiction of such Secretary a program to reinvigorate the prevention of sexual assaults involving members of the Armed Forces. Each program shall include the elements, processes, mechanisms, and other matters developed by the Secretary of Defense pursuant to subsection (a) tailored to the requirements and circumstances of the Armed Force or Armed Forces concerned.

522.

Enactment and expansion of policy on withholding of initial disposition authority for certain offenses under the Uniform Code of Military Justice

(a)

Initial disposition authority

(1)

In general

Except as provided in paragraph (2), the proper authority for a determination of disposition of reported offenses with respect to any offense specified in subsection (b) shall be an officer in a grade not below the grade of O–6 in the chain of command of the subject who is authorized by chapter 47 of such title (the Uniform Code of Military Justice) to convene special courts-martial.

(2)

Authority when subject and victim are in different chains of command

If the victim of an offense specified in subsection (b) is in a different chain of command than the subject, the proper authority under paragraph (1), for any reported offenses in connection with misconduct of the victim arising out of the incident in which the offense is alleged to have occurred, shall be an officer described in that paragraph in the chain of command of the victim.

(3)

Construction

Nothing in this subsection shall be construed—

(A)

to prohibit the preferral of charges by an authorized person under section 830(a)(1) of title 10, United States Code (article 30(a)(1) of the Uniform code of Military Justice), with respect to the offenses specified in subsection (b), and the forwarding of such charges as so preferred to the proper authority under paragraph (1) with a recommendation as disposition; or

(B)

to prohibit an officer in a grade below the grade of O–6 from advising an officer described in paragraph (1) who is making a determination described in that paragraph with respect to the disposition of the offenses involved.

(b)

Covered offenses

An offense specified in this subsection is any offense as follows:

(1)

An offense under section 893 of title 10, United States Code (article 93 of the Uniform Code of Military Justice), relating to cruelty and maltreatment, if the offense constitutes sexual harassment.

(2)

An offense under section 893a of title 10, United States Code (article 93a of the Uniform Code of Military Justice), relating to prohibited activity with a military recruit or trainee by a person in a position of special trust.

(3)

An offense under section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), relating to murder, if the offense is committed in connection with family abuse or other domestic violence.

(4)

An offense under section 919 of title 10, United States Code (article 119 of the Uniform Code of Military Justice), relating to manslaughter, if the offense is committed in connection with family abuse or other domestic violence.

(5)

An offense under section 919a of title 10, United States Code (article 119a of the Uniform Code of Military Justice), relating to death or injury of an unborn child, if the offense is committed in connection with family abuse or other domestic violence.

(6)

An offense under section 919b of title 10, United States Code (article 119b of the Uniform Code of Military Justice), relating to child endangerment, if the offense is committed in connection with family abuse or other domestic violence.

(7)

An offense under section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), relating to rape and sexual assault generally.

(8)

An offense under section 920b of title 10, United States Code (article 120b of the Uniform Code of Military Justice), relating to rape and sexual assault of a child.

(9)

An offense under section 920c of title 10, United States Code (article 120c of the Uniform Code of Military Justice), relating to other sexual misconduct.

(10)

An offense under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), relating to kidnapping, if the offense is committed in connection with family abuse or other domestic violence.

(11)

An offense under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice), relating to aggravated assault, if the offense is committed in connection with family abuse or other domestic violence.

(12)

An offense under section 928a of title 10, United States Code (article 128a of the Uniform Code of Military Justice), relating to maiming, if the offense is committed in connection with family abuse or other domestic violence.

(13)

An offense under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), relating to domestic violence.

(14)

An offense under section 930 of title 10, United States Code (article 130 of the Uniform Code of Military Justice), relating to stalking, if the offense is committed in connection with family abuse or other domestic violence.

(15)

An offense under section 932 of title 10, United States Code (article 132 of the Uniform Code of Military Justice), relating to retaliation.

(16)

An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense relates to child pornography.

(17)

An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense—

(A)

relates to animal abuse; and

(B)

is committed in connection with family abuse or other domestic violence,

(18)

An offense under section 934 of title 10, United States Code (article 134 of the Uniform Code of Military Justice), if the offense—

(A)

relates to negligent homicide; and

(B)

is committed in connection with family abuse or other domestic violence.

(19)

An attempt to commit an offense specified in a paragraph (1) through (18) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice).

(c)

Scope of disposition authority with respect to particular offenses

The authority in subsection (a) of an officer to make a disposition determination described in that subsection with respect to any offense specified in subsection (b) extends to a determination of disposition with respect to any other offenses against the subject arising out of the incident in which the offense is alleged to have occurred.

(d)

Scope of disposition determinations

Except for an offense specified in section 818(c) of title 10, United States Code (article 18(c) of the Uniform Code of Military Justice), of which only general courts-martial have jurisdiction, the disposition determinations permissible in the exercise of the authority under this section with respect to charges and specifications are as follows:

(1)

No action.

(2)

Administrative action.

(3)

Imposition of non-judicial punishment.

(4)

Preferral of charges.

(5)

If such charges and specifications were preferred from a subordinate, dismissal of charges or referral to court-martial for trial.

(6)

Forwarding to a superior or subordinate authority for further disposition.

(e)

Review of certain disposition determinations

(1)

Initial review and recommendation

If a disposition determination under this section with respect to an offense is for a disposition specified in paragraph (1), (2), or (3) of subsection (d) and the legal advisor to the officer making the disposition determination has recommended a disposition specified in paragraph (4), (5), or (6) of that subsection, a Special Victim Prosecutor (SVP), Senior Trial Counsel (STC), or Regional Trial Counsel (RTC) not in the chain of command of the officer making the disposition determination shall—

(A)

review the disposition determination; and

(B)

recommend to the staff judge advocate in the chain of command whether to endorse or supersede the disposition determination.

(2)

SJA review and advice

Upon completion of a review of a recommendation under paragraph (1)(B), the staff judge advocate concerned shall advise the next superior commander in the chain of command of the officer making the original disposition determination whether such disposition determination should be endorsed or superseded.

(3)

Final disposition determination

After considering advice under paragraph (2) with respect to an original disposition determination, the superior commander concerned shall—

(A)

make a new disposition determination with respect to the offenses concerned; or

(B)

endorse the original disposition determination for appropriate further action.

(f)

Training

(1)

In general

The training provided to commissioned officers of the Armed Forces in grades O–6 and above on the exercise of authority pursuant to this section for determinations of the disposition of an offense specified in subsection (b) shall include specific training on such matters in connection with sexual harassment, sexual assault, and family abuse and domestic violence as the Secretary of Defense considers appropriate to make informed disposition determinations under such authority.

(2)

Construction

Nothing in this subsection shall be construed to deprive a court-martial of jurisdiction based on the level or amount of training received by the disposition authority pursuant to this section.

(g)

Manual for Courts-Martial

The President shall implement the requirement of this section into the Manual for Courts-Martial in accordance with section 836 of title 10, United States Code (article 36 of the Uniform Code of Military Justice).

523.

Training for Sexual Assault Initial Disposition Authorities on exercise of disposition authority for sexual assault and collateral offenses

(a)

In general

The training for Sexual Assault Initial Disposition Authorities (SAIDAs) on the exercise of disposition authority under chapter 47, United States Code (the Uniform Code of Military Justice), with respect to cases for which disposition authority is withheld to such Authorities by the April 20, 2012, memorandum of the Secretary of Defense, or any successor memorandum, shall include comprehensive training on the exercise by such Authorities of such authority with respect to such cases in order to enhance the capabilities of such Authorities in the exercise of such authority and thereby promote confidence and trust in the military justice process with respect to such cases.

(b)

Memorandum of Secretary of Defense

The April 20, 2012, memorandum of the Secretary of Defense referred to in subsection (a) is the memorandum of the Secretary of Defense entitled Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases and dated April 20, 2012.

524.

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

(a)

Notification of victims of events in military justice process

(1)

Notification required

Except as provided in paragraph (2), the commander of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces (whether or not such other member is in the command of such commander) shall provide notification to such 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 alleged sexual assault.

(2)

Election of victim not to receive

A commander is not required by paragraph (1) to provide notifications to a victim as described in that paragraph if the victim elects not to be provided such notifications.

(3)

Documentation

Each commander described in paragraph (1) shall create and maintain appropriate documentation on the following:

(A)

Any notification provided as described in paragraph (1).

(B)

Any election made pursuant to paragraph (2).

(b)

Documentation of victim's preference on jurisdiction in prosecution

In the case of a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces who is subject to prosecution for such alleged offense both by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and by a civilian court under Federal or State law, the commander of such victim shall create and maintain appropriate documentation of the expressed preference, if any, of such victim for prosecution of such alleged offense by court-martial or by a civilian court as provided for by Rule 306(e) of the Rules for Court-Martial.

(c)

Regulations

The Secretary of Defense shall prescribe in regulations the requirements applicable to each of the following:

(1)

Notifications under subsection (a)(1).

(2)

Elections under subsection (a)(2).

(3)

Documentation under subsection (a)(3).

(4)

Documentation under subsection (b).

525.

Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault

(a)

In general

The training provided commanders in the Armed Forces shall include comprehensive training on the role of commanders in all stages of military justice in connection with sexual assaults by members of the Armed Forces.

(b)

Elements To be covered

The training provided pursuant to subsection (a) shall include training on the following:

(1)

The role of commanders in each stage of the military justice process in connection with sexual assault committed by a member of the Armed Forces, including investigation and prosecution.

(2)

The role of commanders in assuring that victims in sexual assault described in paragraph (1) are informed of, and have the opportunity to obtain, assistance available for victims of sexual assault by law.

(3)

The role of commanders in assuring that victims in sexual assault described in paragraph (1) are afforded the due process rights and protections available to victims by law.

(4)

The role of commanders in preventing retaliation against victims, their family members, witnesses, first responders, and bystanders for their their complaints, statements, testimony, and status in connection with sexual assault described in paragraph (1), including the role of commanders in ensuring that subordinates in the command are aware of their responsibilities in preventing such retaliation.

(5)

The role of commanders in establishing and maintaining a healthy command climate in connection with reporting on sexual assault described in paragraph (1) and in the response of the commander, subordinates in the command, and other personnel in the command to such sexual assault, such reporting, and the military justice process in connection with such sexual assault.

(6)

Any other matters on the role of commanders in connection with sexual assault described in paragraph (1) that the Secretary of Defense considers appropriate for purposes of this section.

(c)

Incorporation of best practices

(1)

In general

The training provided pursuant to subsection (a) shall incorporate best practices on all matters covered by the training.

(2)

Identification of best practices

The Secretaries of the military departments shall, acting through the training and doctrine commands of the Armed Forces, undertake from time to time surveys and other reviews of the matters covered by the training provided pursuant to subsection (a) in order to identify and incorporate into such training the most current practicable best practices on such matters.

(d)

Uniformity

The Secretary of Defense shall ensure that the training provided pursuant to subsection (a) is, to the extent practicable, uniform across the Armed Forces.

526.

Notice to victims of alleged sexual assault of pendency of further administrative action following a determination not to refer to trial by court-martial

Under regulations prescribed by the Secretary of Defense, upon a determination not to refer a case of alleged sexual assault for trial by court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), the commander making such determination shall periodically notify the victim of the status of a final determination on further action on such case, whether non-judicial punishment under section 815 of such title (article 15 of the Uniform Code of Military Justice), other administrative action, or no further action. Such notifications shall continue not less frequently than monthly until such final determination.

527.

Safe to report policy applicable across the Armed Forces

(a)

In general

The Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, prescribe in regulations a safe to report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies.

(b)

Safe to report policy

The safe to report policy described in this subsection is a policy under which a member of the Armed Forces who is the victim of an alleged sexual assault, but who may have committed minor collateral misconduct at or about the time of such alleged sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such alleged sexual assault, may report such alleged sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct absent aggravating circumstances that increase the gravity of the minor collateral misconduct or its impact on good order and discipline.

(c)

Minor collateral misconduct

For purposes of the safe to report policy, minor collateral misconduct shall include any of the following:

(1)

Improper use or possession of alcohol.

(2)

Consensual intimate behavior (including adultery) or fraternization.

(3)

Presence in an off-limits area.

(4)

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

(d)

Aggravating circumstances

The regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe to report policy.

528.

Report on expansion of Air Force safe to report policy across the Armed Forces

(a)

Report

Not late than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of expanding the applicability of the safe to report policy described in subsection (b) so that the policy applies across the Armed Forces.

(b)

Safe to report policy

The safe to report policy described in this subsection is the policy, currently applicable in the Air Force alone, under which a member of the Armed Forces who is the victim of an alleged sexual assault committed by another member of the Armed Forces, but who may have committed minor collateral misconduct at or about the time of such alleged sexual assault, or whose minor collateral misconduct at or about such time is discovered only as a result of the investigation into such alleged sexual assault, may report such alleged sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct.

529.

Proposal for separate punitive article in the Uniform Code of Military Justice on sexual harassment

Not later than 180 days after the date of the enactment of this Act, the Joint Service Committee on Military Justice shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth recommendations for legislative and administrative action required to establish a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on sexual harassment.

530.

Treatment of information in Catch a Serial Offender Program for certain purposes

(a)

Exclusion from FOIA

Section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), shall not apply to any report for purposes of the Catch a Serial Offender (CATCH) Program.

(b)

Preservation of Restricted Report

The transmittal or receipt in connection with the Catch a Serial Offender Program of a report on a sexual assault that is treated as a restricted report shall not operate to terminate its treatment or status as a restricted report.

531.

Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party communications

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report making findings and recommendations on the feasibility and advisability of a policy for the Department of Defense that would permit a victim of a sexual assault, that is or may be investigated as a result of a communication described in subsection (b), which victim is a member of the Armed Forces or an adult dependent of a member of the Armed Forces, to have the reporting on the sexual assault be treated as a restricted report without regard to the party initiating or receiving such communication.

(b)

Communications

A communication described in this subsection is a communication reporting a sexual assault as follows:

(1)

By the victim to a member of the Armed Forces, whether a commissioned officer or a noncommissioned officer, in the chain of command of the victim or the victim's military sponsor.

(2)

By the victim to military law enforcement personnel or personnel of a military criminal investigative organization (MCIO).

(3)

By any individual other than victim.

(c)

Scope of findings and recommendations

The report required by subsection (a) may include recommendations for new provisions of statute or regulations, or modification of current statute or regulations, that may be required to put into effect the findings and recommendations described in subsection (a).

(d)

Consultation

In preparing the report required by subsection (a), the Secretary shall consult with the Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC–IPAD) under section 546 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note).

532.

Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings

Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 1561 note) is amended—

(1)

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

(2)

in subsection (e), as so redesignated, in the subsection heading, by inserting in unrestricted reporting cases after proceedings; and

(3)

by adding at the end the following new subsection:

(f)

Return of personal property in restricted reporting cases

(1)

The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.

(2)

The procedures shall ensure that—

(A)

a request of a victim under paragraph (1) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and

(B)

at the time of the filing of the restricted report, a Sexual Assault Response Coordinator or Sexual Assault Prevention and Response Victim Advocate—

(i)

informs the victim that the victim may request the return of personal property as described in paragraph (1); and

(ii)

advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report.

(3)

Except with respect to personal property returned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).

.

533.

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

Section 546(f)(1) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note) is amended by striking five and inserting ten.

534.

Defense Advisory Committee for the Prevention of Sexual Misconduct

(a)

Establishment required

(1)

In general

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

(2)

Deadline for establishment

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

(b)

Membership

(1)

In general

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

(A)

Expertise in the prevention of sexual assault and behaviors on the sexual assault continuum of harm.

(B)

Expertise in the prevention of suicide.

(C)

Expertise in the change of culture of large organizations.

(D)

Expertise in implementation science.

(2)

Background of individuals

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

(3)

Prohibition on membership of members of Armed Forces on active duty

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

(c)

Duties

(1)

In general

The Advisory Committee shall advise the Secretary on the following:

(A)

The prevention of sexual assault (including rape, forcible sodomy, other sexual assault, and other sexual misconduct (including behaviors on the sexual assault continuum of harm)) involving members of the Armed Forces.

(B)

The policies, programs, and practices of each military department, each Armed Force, and each military service academy for the prevention of sexual assault as described in subparagraph (A).

(2)

Basis for provision of advice

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

(A)

Cases involving allegations of sexual assault described in paragraph (1).

(B)

Efforts of institutions of higher education to prevent sexual assault among students.

(C)

Any other information or matters that the Advisory Committee or the Secretary considers appropriate.

(3)

Coordination of efforts

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

(d)

Annual report

Not later than March 30 each year, the Advisory Committee shall submit to the Secretary and the Committees on Armed Services of the Senate and the House of Representatives a report on the activities of the Advisory Committee pursuant to this section during the preceding year.

(e)

Sexual assault continuum of harm

In this section, the term sexual assault continuum of harm includes—

(1)

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

(2)

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

535.

Independent reviews and assessments on race and ethnicity in the investigation, prosecution, and defense of sexual assault in the Armed Forces

(a)

Reviews and assessments by DAC-IPAD

The independent committee established by the Secretary of Defense under section 546 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3374), commonly known as the DAC-IPAD, shall conduct each of the following:

(1)

A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces accused of a penetrative sexual assault offense or contact sexual assault offense in an unrestricted report made pursuant to Department of Defense Instruction 6495.02, including an unrestricted report involving a spouse or intimate partner, in all cases completed in each fiscal year assessed.

(2)

A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces against whom charges were preferred pursuant to Rule for Courts-Martial 307 for a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed.

(3)

A review and assessment, by fiscal year, of the race and ethnicity of members of the Armed Forces who were convicted of a penetrative sexual assault offense or contact sexual assault offense in all cases completed in each fiscal year assessed.

(b)

Information from Federal agencies

(1)

In general

Upon request by the chair of the committee, a department or agency of the Federal Government shall provide information that the committees considers necessary to conduct reviews and assessments required by subsection (a), including military criminal investigation files, charge sheets, records of trial, and personnel records.

(2)

Handling, storage, and return

The committee shall handle and store all records received and reviewed under this section in accordance with applicable privacy laws and Department of Defense policy, and shall return all records so received in a timely manner.

(c)

Report

Not later than one year after the date of the enactment of this Act, the committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report setting forth the results of the reviews and assessments required by subsection (a). The report shall include such recommendations for legislative or administrative action as the committee considers appropriate in light of such results.

(d)

Definitions

In this section:

(1)

The term case means an unrestricted report of any penetrative sexual assault offense or contact sexual assault offense made against a member of the Armed Forces pursuant to Department of Defense Instruction 6495.02, including any unrestricted report involving a spouses or intimate partner for which an investigation has been opened by a criminal investigative organization.

(2)

The term completed, with respect to a case, means that the case was tried to verdict, dismissed without further action, or dismissed and then resolved by non-judicial or administrative proceedings.

(3)

The term contact sexual assault offense means aggravated sexual contact, abusive sexual contact, wrongful sexual contact, and attempts to commit such offenses under the Uniform Code of Military Justice.

(4)

The term penetrative sexual assault offense means rape, aggravated sexual assault, sexual assault, forcible sodomy, and attempts to commit such offenses under the Uniform Code of Military Justice.

536.

Report on mechanisms to enhance the integration and synchronization of activities of Special Victim Investigation and Prosecution personnel with activities of military criminal investigative organizations

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth proposals for various mechanisms to enhance the integration and synchronization of activities of Special Victim Investigation and Prosecution (SVIP) personnel with activities of military criminal investigative organizations (MCIOs) in investigations in which both such personnel are or may be involved. If the proposed mechanisms require legislative or administration action for implementation, the report shall set forth such recommendations for such action as the Secretary of Defense considers appropriate.

537.

Comptroller General of the United States report on implementation by the Armed Forces of recent statutory requirements on sexual assault prevention and response in the military

(a)

Report required

The Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report, in writing, on a study, conducted by the Comptroller General for purposes of the report, on the implementation by the Armed Forces of statutory requirements on sexual assault prevention and response in the military in the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136) and each succeeding national defense authorization Act through the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

A list and citation of each statutory requirement (whether codified or uncodified) on sexual assault prevention and response in the military in each national defense authorization Act specified in paragraph (1), including—

(A)

whether such statutory requirement is still in force; and

(B)

if such statutory requirement is no longer in force, the date of the repeal or expiration of such requirement.

(2)

For each statutory requirement listed pursuant to paragraph (1), the following:

(A)

An assessment of the extent to which such requirement was implemented, or is currently being implemented, as applicable, by each Armed Force to which such requirement applied or applies.

(B)

A description and assessment of the actions taken by each of the Department of Defense, the military department concerned, and the Armed Force concerned to assess and determine the effectiveness of actions taken pursuant to such requirement in meeting its intended objective.

(3)

Any other matters in connection with the statutory requirements specified in subsection (a), and the implementation of such requirements by the Armed Forces, that the Comptroller General considers appropriate.

(c)

Briefings

Not later than May 1, 2020, the Comptroller General shall provide to the committees referred to in subsection (a) one or more briefings on the status of the study required by subsection (a), including any preliminary findings and recommendations of the Comptroller General as a result of the study as of the date of such briefing.

II

Special Victims' Counsel Matters

541.

Legal assistance by Special Victims' Counsel for victims of alleged domestic violence offenses

(a)

Conditional expansion of eligibility to victims of alleged domestic violence offenses

Subsection (a) of section 1044e of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Legal counsel designated as described in paragraph (1) may also provide legal assistance to any individual described in paragraph (2)(B) or (2)(C) who is the victim of an alleged domestic violence offense, and to any civilian individual not otherwise covered by paragraph (2)(C) who is the victim of an alleged sex-related offense or alleged domestic violence offense, if the Secretary of the military department concerned determines (on a case-by-case basis) that resources are available for the provision of such assistance to such individual without impairing the capacity to provide assistance under paragraph (1) to victims of alleged sex-related offenses described in paragraph (2).

.

(b)

Definitions

Subsection (g) of such section is amended to read as follows:

(g)

Definitions

In this section:

(1)

The term alleged covered offense means any of the following:

(A)

An alleged sex-related offense.

(B)

An alleged domestic violence offense.

(2)

The term alleged sex-related offense means any allegation of—

(A)

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

(B)

an attempt to commit an offense specified in a subparagraph (A) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

(3)

The term alleged domestic violence offense means any allegation of—

(A)

a violation of section 928, 928b(1), 928b(5), or 930 of this title (article 128, 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member;

(B)

a violation of any other provision of subchapter X of chapter 47 of this title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member, as specified by the Secretary concerned for purposes of eligibility for legal consultation and assistance by Special Victims' Counsel under the jurisdiction of such Secretary under this section; or

(C)

an attempt to commit an offense specified in a subparagraph (A) or (B) as punishable under section 880 of this title (article 80 of the Uniform Code of Military Justice).

.

(c)

Conforming amendments

Such section is further amended—

(1)

in subsections (b) and (f), by striking alleged sex-related offense each place it appears (other than subsection (f)(1)) and inserting alleged covered offense concerned; and

(2)

in subsection (f)—

(A)

by striking subsection (a)(2) each place it appears and inserting paragraph (2) or (3) of subsection (a); and

(B)

in paragraph (1), by striking an alleged sex-related offense and inserting an alleged covered offense.

(d)

Clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

1044e.

Special Victims' Counsel: victims of sex-related offenses; victims of domestic violence offenses

.

(2)

Table of sections

the table of sections at the beginning of chapter 53 of such title is amended by striking the item relating to section 1044e and inserting the following new item:

1044e. Special Victims' Counsel: victims of sex-related offenses; victims of domestic violence offenses.

.

542.

Other Special Victims' Counsel matters

(a)

Enhancement of legal consultation and assistance in connection with potential victim benefits

Paragraph (8)(D) of subsection (b) of section 1044e of title 10, United States Code, is amended by striking and other and inserting , section 1408(h) of this title, and other.

(b)

Expansion of legal assistance authorized to Include consultation and assistance for retaliation

Subsection (b) of such section is amended further—

(1)

by redesignating paragraph (10) as paragraph (11); and

(2)

by inserting after paragraph (9) the following new paragraph (10):

(10)

Legal consultation and assistance in connection with an incident of retaliation, whether such incident occurs before, during, or after the conclusion of any criminal proceedings, including—

(A)

in understanding the rights and protections afforded to victims of retaliation;

(B)

in the filing of complaints; and

(C)

in any resulting military justice proceedings.

.

(c)

Codification of duty to determine victim's preference for prosecution of alleged sex-related offense by court-martial or civilian court

(1)

In general

Such section is further amended—

(A)

by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and

(B)

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

(d)

Duty to determine victim's preference for prosecution of an alleged sex-related offense by court-martial or civilian court

(1)

In providing legal consultation and representation to a victim under this section in connection with an alleged sex-related offense that occurs in the United States, a Special Victims' Counsel shall have the duty—

(A)

to solicit the victim's preference regarding whether the offense should be prosecuted by court-martial or in a civilian court with jurisdiction over the offense; and

(B)

to make the victim's preference, if offered, known to appropriate military prosecutors.

(2)

Any consultation by a Special Victims' Counsel pursuant to paragraph (1) shall occur in accordance with the process for such consultation established pursuant to section 534(b) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1044e note) or such other process as the Secretary of Defense shall establish for that purpose.

.

(2)

Conforming amendment

Paragraph (11) of subsection (b) of such section, as redesignated by subsection (b)(1) of this section, is amended by striking subsection (h) and inserting subsection (i).

(d)

Effective date

The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act.

(e)

Report on expansion of eligibility for SVC services for victims of alleged domestic violence offenses and related matters

(1)

In general

Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a description and assessment of the manner in which the Department of Defense would implement amendments to section 1044e of title 10, United States Code, that would provide for the following:

(A)

An expansion of eligibility for Special Victims' Counsel services for victims of alleged domestic violence offenses.

(B)

An expansion of eligibility for Special Victim's Counsel services to any civilians who are the victim of an alleged sex-related offense or an alleged domestic violence offense, in cases in which the Secretary concerned waives the condition in section 1044(a)(7) of title 10, United States Code, for purposes of such eligibility.

(2)

Elements

The report required by paragraph (1) shall include a comprehensive description of the additional personnel (including the specific number of additional billets), resources, and training required to implement the amendments described in that paragraph such that such amendments are fully implemented by not later than September 30, 2025.

(3)

Definitions

In this subsection:

(A)

The term alleged sex-related offense has the meaning given that term in section 1044e(g) of title 10, United States Code.

(B)

The term alleged domestic violence offense means any allegation of—

(i)

a violation of section 928(b), 928b(1), 928b(5), or 930 of title 10, United States Code (article 128(b), 128b(1), 128b(5), or 130 of the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member;

(ii)

a violation of any other provision of subchapter X of chapter 47 of such title (the Uniform Code of Military Justice), when committed against a spouse, intimate partner, or immediate family member, if specified by any Secretary concerned for purposes of eligibility for legal consultation and assistance by Special Victims' Counsel under the amendments described in paragraph (1); and

(iii)

an attempt to commit an offense specified in clause (i) or (ii) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice).

(C)

The term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

543.

Availability of Special Victims' Counsel at military installations

(a)

Deadline for availability

If a Special Victims' Counsel is not available at a military installation for access by a member of the Armed Forces who requests access to such a Counsel, such a Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request.

(b)

Report on civilian support of SVCs

Not later than 180 days after the date of the enactment of this Act, each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the assessment of such Secretary of the feasibility and advisability of establishing and maintaining for each Special Victims' Counsel under the jurisdiction of such Secretary one or more civilian positions for the purpose of—

(1)

providing support to such Special Victims' Counsel; and

(2)

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

544.

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

(a)

Training

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 subsection (b).

(b)

Criminal justice matters

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

(1)

Victim rights.

(2)

Protective orders.

(3)

Prosecution of criminal offenses.

(4)

Sentencing for conviction of criminal offenses.

III

Boards for Correction of Military Records and Discharge Review Board Matters

546.

Repeal of 15-year statute of limitations on motions or requests for review of discharge or dismissal from the Armed Forces

(a)

Repeal

Section 1553(a) of title 10, United States Code, is amended by striking the second sentence.

(b)

Effective date

The amendment made by this section shall take effect on October 1, 2020.

547.

Reduction in required number of members of discharge review boards

Section 1553(a) of title 10, United States Code, is amended by striking five and inserting not fewer than three.

548.

Enhancement of personnel on boards for the correction of military records and discharge review boards

(a)

Boards for the correction of military records

Section 1552 of title 10, United States Code, is amended—

(1)

in subsection (g), by inserting , or a social worker with training on mental health issues connected with post-traumatic stress disorder or traumatic brain injury or other trauma, after psychiatrist; and

(2)

in subsection (h)(2)(A), by inserting (including a social worker with training on mental health issues connected with post-traumatic stress disorder or traumatic brain injury or other trauma) after a civilian health care provider.

(b)

Discharge review boards

Section 1553 of such title is amended—

(1)

in subsection (d)(1), by inserting , or a social worker with training on mental health issues connected with post-traumatic stress disorder or traumatic brain injury or other trauma, after psychiatrist both places it appears; and

(2)

in subsection (e), by inserting a social worker with training on mental health issues connected with post-traumatic stress disorder or traumatic brain injury or other trauma, after or psychiatrist,.

549.

Inclusion of intimate partner violence and spousal abuse among supporting rationales for certain claims for corrections of military records and discharge review

(a)

Correction of military records

Section 1552(h)(1) of title 10, United States Code, is amended by striking or military sexual trauma and inserting , sexual trauma, intimate partner violence, or spousal abuse.

(b)

Discharge review

Section 1553(d)(3)(B) of such title is amended by striking or military sexual trauma and inserting , sexual trauma, intimate partner violence, or spousal abuse.

550.

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

(a)

Boards for correction of military records

Section 1552(g) of title 10, United States Code, is amended—

(1)

by inserting (1) after (g); and

(2)

by adding at the end the following new paragraph:

(2)

If a board established under subsection (a)(1) is reviewing a claim described in subsection (h), the board shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(3)

If a board established under subsection (a)(1) is reviewing a claim in which sexual trauma, intimate partner violence, or spousal abuse is claimed, the board shall seek advice and counsel in the review from an expert in trauma specific to sexual assault, intimate partner violence, or spousal abuse, as applicable.

.

(b)

Discharge review boards

Section 1553(d)(1) of such title is amended—

(1)

by inserting (A) after (1); and

(2)

by adding at the end the following new subparagraph;

(B)

In the case of a former member described in paragraph (3)(B) who claims that the former member's post-traumatic stress disorder or traumatic brain injury as described in that paragraph in based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, a board established under this section to review the former member's discharge or dismissal shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

.

551.

Training of members of boards for correction of military records and discharge review boards on sexual trauma, intimate partner violence, spousal abuse, and related matters

(a)

Boards for correction of military records

The curriculum of training for members of boards for the correction of military records under section 534(c) of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each of the following:

(1)

Sexual trauma.

(2)

Intimate partner violence.

(3)

Spousal abuse.

(4)

The various responses of individuals to trauma.

(b)

Discharge review boards

(1)

In general

Each Secretary concerned shall develop and provide training for members of discharge review boards under section 1553 of title 10, United States Code, that are under the jurisdiction of such Secretary on each of the following:

(A)

Sexual trauma.

(B)

Intimate partner violence.

(C)

Spousal abuse.

(D)

The various responses of individuals to trauma.

(2)

Uniformity of training

The Secretary of Defense and the Secretary of Homeland Security shall jointly ensure that the training developed and provided pursuant to this subsection is, to the extent practicable, uniform.

(3)

Secretary concerned defined

In this subsection, the term Secretary concerned has the meaning given that term in section 101(a)(9) of title 10, United States Code.

552.

Limitations and requirements in connection with separations for members of the Armed Forces who suffer from mental health conditions in connection with a sex-related, intimate partner violence-related, or spousal-abuse offense

(a)

Confirmation of diagnosis of condition required before separation

Before a member of the Armed Forces who was the victim of a sex-related offense, an intimate partner violence-related offense, or a spousal-abuse offense during service in the Armed Forces (whether or not such offense was committed by another member of the Armed Forces), and who has a mental health condition not amounting to a physical disability, is separated, discharged, or released from the Armed Forces based solely on such condition, the diagnosis of such condition must be—

(1)

corroborated by a competent mental health care professional at the peer level or a higher level of the health care professional making the diagnosis; and

(2)

endorsed by the Surgeon General of the military department concerned.

(b)

Narrative reason for separation if mental health condition present

If the narrative reason for discharge, separation, or release from the Armed Forces of a member of the Armed Forces is a mental health condition that is not a disability, the appropriate narrative reason for the discharge, separation, or release shall be condition, not a disability, or Secretarial authority.

(c)

Definition

In this section:

(1)

The term intimate partner violence-related offense means the following:

(A)

An offense under section 928 or 930 of title 10, United States Code (article 128 or 130 of the Uniform Code of Military Justice).

(B)

An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).

(2)

The term sex-related offense means the following:

(A)

An offense under section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice).

(B)

An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).

(3)

The term spousal-abuse offense means the following:

(A)

An offense under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice).

(B)

An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).

(d)

Effective date

This section shall take effect 180 days after the date of the enactment of this Act, and shall apply with respect to separations, discharges, and releases from the Armed Forces that occur on or after that effective date.

553.

Liberal consideration of evidence in certain claims by boards for the correction of military records and discharge review boards

(a)

Boards for the correction of military records

(1)

In general

Section 1552(h) of title 10, United States Code, is amended—

(A)

by striking paragraph (1);

(B)

by striking (2) In the case of a claimant described in paragraph (1), a board and inserting A board;

(C)

by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;

(D)

in paragraph (1), as redesignated by subparagraph (C), by inserting all evidence presented by the claimant, including lay evidence and information and after review; and

(E)

by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):

(2)

if a claim alleges error or injustice in the claimant’s discharge or dismissal, or the characterization of such discharge or dismissal, review such claim with liberal consideration of all evidence and information submitted by, or pertaining to, the claimant.

.

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to claims submitted to boards for the correction of military records under section 1552 of title 10, United States Code, on or after that date.

(b)

Discharge review boards

(1)

In general

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

(A)

in subsection (c)—

(i)

by inserting (1) after (c); and

(ii)

by adding at the end the following new paragraph:

(2)

A board established under this section shall—

(A)

review all evidence and information provided by the former member, including lay evidence and information and medical evidence of the Secretary of Veterans Affairs or a civilian health care provider that is provided by the former member; and

(B)

review the claim with liberal consideration of all evidence and information submitted by, or pertaining to, the former member.

; and

(B)

in subsection (d), by striking paragraph (3).

(2)

Effective date

The amendments made by paragraph (1) shall take effect on the date of the enactment of this Act, and shall apply with respect to motions or requests for review submitted to discharge review boards under section 1553 of title 10, United States Code, on or after that date.

IV

Other Military Justice Matters

555.

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

(a)

In general

Subsection (a) of section 830a of title 10, United States Code (article 30a of the Uniform Code of Military Justice), is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:

(1)

The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:

(A)

Pre-referral investigative subpoenas.

(B)

Pre-referral warrants or orders for electronic communications.

(C)

Pre-referral matters referred by an appellate court.

(D)

Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).

(E)

Pre-referral matters relating to the following:

(i)

Pre-trial confinement of an accused.

(ii)

The mental capacity or responsibility of an accused.

(iii)

A request for an individual military counsel.

(2)

In addition to the matters specified in paragraph (1), the regulations prescribed under that paragraph shall—

(A)

set forth the matters that a military judge may rule upon in such proceedings;

(B)

include procedures for the review of such rulings;

(C)

include appropriate limitations to ensure that proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial;

(D)

provide such limitations on the relief that may be ordered under this section as the President considers appropriate; and

(E)

provide for treatment of such other pre-referral matters as the President may prescribe.

.

(b)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

830a. Art 30a.

Proceedings conducted before referral

.

(2)

Clerical amendment

The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 830a (article 30a) and inserting the following new item:

830a. 30a. Proceedings conducted before referral.

.

556.

Policies and procedures on registration at military installations of civilian protective orders applicable to members of the Armed Forces assigned to such installations and certain other individuals

(a)

Policies and procedures required

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, establish policies and procedures for the registration at military installations of any civilian protective orders described in subsection (b), including the duties and responsibilities of commanders of installations in the registration process.

(b)

Civilian protective orders

A civilian protective order described in this subsection is any civilian protective order as follows:

(1)

A civilian protective order against a member of the Armed Forces assigned to the installation concerned.

(2)

A civilian protective order against a civilian employee employed at the installation concerned.

(3)

A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installation concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee.

(c)

Particular elements

The policies and procedures required by subsection (a) shall include the following:

(1)

A requirement for notice between and among the commander, military law enforcement elements, and military criminal investigative elements of an installation when a member of the Armed Forces assigned to such installation, a civilian employee employed at such installation, a civilian spouse or intimate partner of a member assigned to such installation, or a civilian spouse or intimate partner of a civilian employee employed at such installation becomes subject to a civilian protective order.

(2)

A statement of policy that failure to register a civilian protective order may not be a justification for the lack of enforcement of such order by military law enforcement and other applicable personnel who have knowledge of such order.

(d)

Letter

As soon as practicable after establishing the policies and procedures required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a letter that includes the following:

(1)

A detailed description of the policies and procedures.

(2)

A certification by the Secretary that the policies and procedures have been implemented on each military installation.

557.

Increase in number of digital forensic examiners for the military criminal investigative organizations

(a)

In general

Each Secretary of a military department shall take appropriate actions to increase the number of digital forensic examiners in each military criminal investigative organization (MCIO) under the jurisdiction of such Secretary by not fewer than 10 from the authorized number of such examiners for such organization as of September 30, 2019.

(b)

Military criminal investigative organizations

For purposes of this section, the military criminal investigative organizations are the following:

(1)

The Army Criminal Investigation Command.

(2)

The Naval Criminal Investigative Service.

(3)

The Air Force Office of Special Investigations.

(4)

The Marine Corps Criminal Investigation Division.

(c)

Funding

Funds for additional digital forensic examiners as required by subsection (a) for fiscal year 2020, including for compensation, initial training, and equipment, shall be derived from amounts authorized to be appropriated for that fiscal year for the Armed Force concerned for operation and maintenance.

558.

Survey of members of the Armed Forces on their experiences with military investigations and military justice

(a)

In general

Chapter 23 of title 10, United States Code, is amended by inserting after section 481a the following new section:

481b.

Military investigation and justice experiences: survey of members of the armed forces

(a)

Surveys required

(1)

The Secretary of Defense shall conduct from time to time a survey on the experiences of members of the armed forces with military investigations and military justice in accordance with this section and guidance issued by the Secretary for purposes of this section.

(2)

The survey under this section shall be known as the Military Investigation and Justice Experience Survey.

(b)

Matters covered by survey

The guidance issued by the Secretary under this section on the survey shall include specification of the following:

(1)

The individuals to be surveyed, including any member of the armed forces serving on active duty who is a victim of an alleged sex-related offense and who made an unrestricted report of that offense.

(2)

The matters to be covered in the survey, including—

(A)

the experience of the individuals surveyed with the military criminal investigative organization that investigated the alleged offense, and with the Special Victims’ Counsel in the case of a member who was the victim of an alleged sex-related offense; and

(B)

if the individual’s report resulted in a charge or charges that were referred to a court-martial, the experience of the individual with the prosecutor and the court-martial in general.

(3)

The timing of the administration of the survey, including when the investigation or case is closed or otherwise complete.

(c)

Frequency of survey

The survey required by this section shall be conducted at least once every four years, but not more frequently than once every two years.

(d)

Definitions

In this section:

(1)

Alleged sex-related offense

The term alleged sex-related offense has the meaning provided in section 1044e(g) of this title.

(2)

Unrestricted report

The term unrestricted report means a report that is not a restricted report.

(3)

Restricted report

The term restricted report means a report concerning a sexual assault that is treated as a restricted report under section 1565b(b) of this title.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 23 of such title is amended by inserting after the item relating to section 481a the following new item:

481b. Military investigation and justice experiences: survey of members of the armed forces.

.

559.

Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system

(a)

In general

Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended—

(1)

by striking The Secretary of Defense and inserting (a) In general.—The Secretary of Defense, in consultation with the Secretary of Homeland Security,;

(2)

in subsection (a), as designated by paragraph (1)—

(A)

in the matter preceding paragraph (1), by inserting (including with respect to the Coast Guard) after military justice system; and

(B)

in paragraph (4), by inserting public before access to docket information; and

(3)

by adding at the end the following new subsections:

(b)

Inapplicability of Privacy Act

Section 552a of title 5 shall not apply to records of trial produced or distributed within the military justice system or docket information, filings, and records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a).

(c)

Protection of certain personally identifiable information

Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.

(d)

Inapplicability to certain dockets and records

Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.

.

(b)

Existing standards and criteria

The Secretary of Homeland Security shall apply to the Coast Guard the standards and criteria for conduct established by the Secretary of Defense under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as in effect on the day before the date of the enactment of this Act, until such time as the Secretary of Defense, in consultation with the Secretary of Homeland Security, prescribes revised standards and criteria for conduct under such section that implement the amendments made by subsection (a) of this section.

560.

Pilot programs on defense investigators in the military justice system

(a)

In general

Each Secretary of a military department shall carry out a pilot program on defense investigators within the military justice system under the jurisdiction of such Secretary in order to do the following:

(1)

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

(A)

make such military justice system more effective in determining the truth; and

(B)

make such military justice system more fair and efficient.

(2)

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

(b)

Elements

(1)

Model of similar civilian criminal justice systems

Defense investigators under each pilot program under subsection (a) shall consist of personnel, and participate in the military justice system concerned, in a manner similar to that of defense investigators in civilian criminal justice systems that are similar to the military justice systems of the military departments.

(2)

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 of the victim, or trial counsel if the victim does not have such counsel.

(3)

Uniformity across military justice systems

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

(c)

Report

(1)

In general

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

(2)

Elements

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

(A)

A description of each pilot program, including the personnel and activities of defense investigators under such pilot program.

(B)

An assessment of the feasibility and advisability of establishing and maintaining defense investigators as an element of the military justice systems of the military departments.

(C)

If the assessment under subparagraph (B) is that the establishment and maintenance of defense investigators as an element of the military justice systems of the military departments is feasible and advisable, such recommendations for legislative and administrative action as the Secretary of Defense considers appropriate to establish and maintain defense investigators as an element of the military justice systems.

(D)

Any other matters the Secretary of Defense considers appropriate.

561.

Report on military justice system involving alternative authority for determining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice

(a)

Report required

(1)

In general

Not later than 300 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a study, conducted for purposes of the report, on the feasibility and advisability of an alternative military justice system in which determinations as to whether to prefer or refer charges for trial by court-martial for any offense specified in paragraph (2) is made by a judge advocate in grade O–6 or higher who has significant experience in criminal litigation and is outside of the chain of command of the member subject to the charges rather than by a commanding officer of the member who is in the chain of command of the member.

(2)

Specified offense

An offense specified in this paragraph is any offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), for which the maximum punishment authorized includes confinement for more than one year.

(b)

Elements

The study required for purposes of the report under subsection (a) shall address the following:

(1)

Relevant procedural, legal, and policy implications and considerations of the alternative military justice system described in subsection (a).

(2)

An analysis of the following in connection with the implementation and maintenance of the alternative military justice system:

(A)

Legal personnel requirements.

(B)

Changes in force structure.

(C)

Amendments to law.

(D)

Impacts on the timeliness and efficiency of legal processes and court-martial adjudications.

(E)

Potential legal challenges to the system.

(F)

Potential changes in prosecution and conviction rates.

(G)

Potential impacts on the preservation of good order and discipline, including the ability of a commander to carry out nonjudicial punishment and other administrative actions.

(H)

Such other considerations as the Secretary considers appropriate.

(3)

A comparative analysis of the military justice systems of relevant foreign allies with the current military justice system of the United States and the alternative military justice system, including whether or not approaches of the military justice systems of such allies to determinations described in subsection (a) are appropriate for the military justice system of the United States.

(4)

An assessment of the feasibility and advisability of conducting a pilot program to assess the feasibility and advisability of the alternative military justice system, and, if the pilot program is determined to be feasible and advisable—

(A)

an analysis of potential legal issues in connection with the pilot program, including potential issues for appeals; and

(B)

recommendations on the following:

(i)

The populations to be subject to the pilot program.

(ii)

The duration of the pilot program.

(iii)

Metrics to measure the effectiveness of the pilot program.

(iv)

The resources to be used to conduct the pilot program.

562.

Report on standardization among the military departments in collection and presentation of information on matters within the military justice system

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the following:

(1)

A plan for actions to provide for standardization, to the extent practicable, among the military departments in the collection and presentation of information on matters within their military justice systems, including information collected and maintained for purposes of section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), and such other information as the Secretary considers appropriate.

(2)

An assessment of the feasibility and advisability of establishing and maintaining a single, Department of Defense-wide data management system for the standardized collection and presentation of information described in paragraph (1).

563.

Report on establishment of guardian ad litem program for certain military dependents who are a victim or witness of offenses under the Uniform Code of Military Justice involving abuse or exploitation

(a)

Report required

(1)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of establishing a guardian ad litem program for military dependents described in paragraph (2) who are a victim or witness of an offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that involves an element of abuse or exploitation in order to protect the best interests of such dependents in a court-martial of such offense.

(2)

Covered dependents

The military dependents described in this paragraph are as follows:

(A)

Military dependents under 12 years of age.

(B)

Military dependents who lack mental or other capacity.

(b)

Elements

The report required by subsection (a) shall include the following:

(1)

An assessment of the feasibility and advisability of establishing a guardian ad litem program as described in subsection (a).

(2)

If establishment of the guardian ad litem program is considered feasible and advisable, the following:

(A)

A description of administrative requirements in connection with the program, including the following:

(i)

Any memoranda of understanding between the Department of Defense and State and local authorities required for purposes of the program.

(ii)

The personnel, funding, and other resources required for purposes of the program.

(B)

Best practices for the program (as determined in consultation with appropriate civilian experts on child advocacy).

(C)

Such recommendations for legislative and administration action to implement the program as the Secretary considers appropriate.

E

Member Education, Training, Transition, and Resilience

566.

Consecutive service of service obligation in connection with payment of tuition for off-duty training or education for commissioned officers of the Armed Forces with any other service obligations

(a)

In general

Section 2007(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

(3)

Any active duty service obligation of a commissioned officer under this subsection shall be served consecutively with any other service obligation of the officer (whether active duty or otherwise) under any other provision of law.

.

(b)

Effective date

The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to agreements for the payment of tuition for off-duty training or education that are entered into on or after that date.

567.

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

(a)

In general

Section 2004 of title 10, United States Code, is amended—

(1)

in subsection (a)—

(A)

by inserting and enlisted members after commissioned officers;

(B)

by striking bachelor of laws or; and

(C)

by inserting and enlisted members after twenty-five officers;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by inserting or enlisted member after officer;

(B)

by striking paragraph (1) and inserting the following new paragraph (1):

(1)

either—

(A)

have served on active duty for a period of not less than two years nor more than six years and be an officer in the pay grade O–3 or below as of the time the training is to begin; or

(B)

have served on active duty for a period of not less than four years nor more than eight years and be an enlisted member in the pay grade E–5, E–6, or E–7 as of the time the training is to begin;

;

(C)

by redesignating paragraph (2) as paragraph (3);

(D)

by inserting after paragraph (1), as amended by subparagraph (B), the following new paragraph (2):

(2)

in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and

; and

(E)

in subparagraph (B) of paragraph (3), as redesignated by subparagraph (C) of this paragraph, by striking or law specialist;

(3)

in subsection (c)—

(A)

in the first sentence, by inserting and enlisted members after Officers; and

(B)

in the second sentence, by inserting or enlisted member after officer each place it appears;

(4)

in subsection (d), by inserting and enlistment members after officers;

(5)

in subsection (e), by inserting or enlistment member after officer; and

(6)

in subsection (f), by inserting or enlisted member after officer.

(b)

Conforming and clerical amendments

(1)

Heading amendment

The heading of such section is amended to read as follows:

2004.

Detail as students at law schools; commissioned officers; certain enlisted members

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 101 of such title is amended by striking the item relating to section 2004 and inserting the following new item:

2004. Detail as students at law schools; commissioned officers; certain enlisted members.

.

568.

Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities

(a)

In general

The Secretary of Defense and the Secretary of Veterans Affairs shall jointly seek to enter into memoranda of understanding (MOUs) or other agreements with State veterans agencies under which information from Department of Defense Form DD–2648 on individuals undergoing retirement, disc