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S. 2731: Essential National Security Authorities Act for Fiscal Year 2020


The text of the bill below is as of Oct 29, 2019 (Reported by Senate Committee).


II

Calendar No. 279

116th CONGRESS

1st Session

S. 2731

IN THE SENATE OF THE UNITED STATES

October 29, 2019

, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar

A BILL

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, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Essential National Security Authorities Act for Fiscal Year 2020.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Congressional defense committees.

DIVISION A—Department of Defense Authorizations

TITLE I—Procurement

Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

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

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

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. 212. Temporary inclusion of Joint Artificial Intelligence Center of the Department of Defense in personnel management authority to attract experts in science and engineering.

TITLE III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle C—Logistics and Sustainment

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

Subtitle E—Other Matters

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

TITLE IV—Military Personnel Authorizations

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—Military Personnel Policy

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

TITLE VI—Compensation and Personnel Benefits

Subtitle B—Bonuses and Special and Incentive Pays

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

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

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

TITLE X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Subtitle C—Naval Vessels and Shipyards

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

Subtitle E—Miscellaneous Authorities and Limitations

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

Subtitle H—Other Matters

Sec. 1084. National Commission on Military Aviation Safety.

TITLE XI—Civilian Personnel Matters

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. Defense Advanced Research Projects Agency personnel management authority.

TITLE XII—Matters Relating to Foreign Nations

Subtitle A—Assistance and Training

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.

Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension of Commanders' Emergency Response Program.

Sec. 1212. Afghanistan Security Forces Fund.

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

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

Sec. 1221. Extension of authority to provide assistance to the vetted Syrian opposition.

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

Subtitle D—Other Matters

Sec. 1231. North Atlantic Treaty Organization Joint Force Command.

TITLE XIII—Cooperative Threat Reduction

Sec. 1301. Funding allocations.

Sec. 1302. Specification of cooperative threat reduction funds.

TITLE XIV—Other Authorizations

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

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

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

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense Health Program.

Subtitle C—Armed Forces Retirement Home

Sec. 1421. Authorization of appropriations for 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.

Subtitle C—Other Matters

Sec. 1531. Interdiction of improvised explosive device precursor chemicals.

TITLE XVI—Strategic Programs, Cyber, and Intelligence Matters

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

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

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.

TITLE XXIX—Overseas contingency operations and emergency military construction

Subtitle A—Overseas contingency operations military construction

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Navy construction and land acquisition projects.

Sec. 2903. Authorized Air Force construction and land acquisition projects.

Sec. 2904. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2907. Authorization of appropriations.

Subtitle B—Emergency military construction

Sec. 2911. Authorization of emergency supplemental appropriations for military construction projects.

DIVISION C—Department of Energy National Security Authorizations

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

DIVISION D—Funding Tables

Sec. 4001. Authorization of amounts in funding tables.

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.

Sec. 4603. Emergency military construction.

TITLE XLVII—Department of Energy National Security Programs

Sec. 4701. Department of Energy national security programs.

2.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

A

Department of Defense Authorizations

I

Procurement

A

Authorization of Appropriations

101.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

E

Defense-wide, Joint, and Multiservice Matters

153.

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

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

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

212.

Temporary inclusion of Joint Artificial Intelligence Center of the Department of Defense in personnel management authority to attract experts in science and engineering

(a)

In general

Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph:

(6)

Joint artificial intelligence center

The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.

.

(b)

Scope of appointment authority

Subsection (b)(1) of such section is amended—

(1)

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

(2)

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

(3)

by adding at the end the following new subparagraph:

(F)

in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;

.

(c)

Extension of terms of appointment

Subsection (c)(2) of such section is amended by striking “or the Defense Innovation Unit Experimental” and inserting “the Defense Innovation Unit Experimental, or the Joint Artificial Intelligence Center”.

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.

C

Logistics and Sustainment

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.

.

E

Other Matters

352.

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

Section 2642(b) of title 10, United States Code, is amended by striking October 1, 2019 and inserting October 1, 2024.

IV

Military Personnel Authorizations

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

572.

Impact aid for children with severe disabilities

(a)

In general

Of the amount authorized to be appropriated for fiscal year 2020 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $10,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a).

(b)

Use of certain amount

Of the amount available under subsection (a) for payments as described in that subsection, $5,000,000 shall be available for such payments to local educational agencies determined by the Secretary of Defense, in the discretion of the Secretary, to have higher concentrations of military children with severe disabilities.

VI

Compensation and Personnel Benefits

B

Bonuses and Special and Incentive Pays

611.

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

(a)

Authorities relating To reserve forces

Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking December 31, 2019 and inserting December 31, 2020.

(b)

Title 10 authorities relating to health care professionals

The following sections of title 10, United States Code, are amended by striking December 31, 2019 and inserting December 31, 2020:

(1)

Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2)

Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c)

Authorities relating to nuclear officers

Section 333(i) of title 37, United States Code, is amended by striking December 31, 2019 and inserting December 31, 2020.

(d)

Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities

The following sections of title 37, United States Code, are amended by striking December 31, 2019 and inserting December 31, 2020:

(1)

Section 331(h), relating to general bonus authority for enlisted members.

(2)

Section 332(g), relating to general bonus authority for officers.

(3)

Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4)

Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5)

Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6)

Section 351(h), relating to hazardous duty pay.

(7)

Section 352(g), relating to assignment pay or special duty pay.

(8)

Section 353(i), relating to skill incentive pay or proficiency bonus.

(9)

Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e)

Authority to provide temporary increase in rates of basic allowance for housing

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking December 31, 2019 and inserting December 31, 2020.

VIII

Acquisition Policy, Acquisition Management, and Related Matters

804.

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

Section 801(f) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399), as most recently amended by section 1214 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1649), is further amended by striking December 31, 2019 and inserting December 31, 2021.

X

General Provisions

A

Financial Matters

1001.

General transfer authority

(a)

Authority To transfer authorizations

(1)

Authority

Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2020 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

Limitation

Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed the amount specified in Acts appropriating funds for the Department of Defense for fiscal year 2020.

(3)

Exception for transfers between military personnel authorizations

A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).

(b)

Limitations

The authority provided by subsection (a) to transfer authorizations—

(1)

may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

(2)

may not be used to provide authority for an item that has been denied authorization by Congress.

(c)

Effect on authorization amounts

A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

(d)

Notice to Congress

The Secretary shall promptly notify Congress of each transfer made under subsection (a).

C

Naval Vessels and Shipyards

1018.

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

Section 8680(a)(2) of title 10, United States Code, is amended by striking subparagraph (D).

E

Miscellaneous Authorities and Limitations

1042.

Extension of National Security Commission on Artificial Intelligence

(a)

Extension

Subsection (e) of section 1051 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1962) is amended by striking October 1, 2020 and inserting March 1, 2021.

(b)

Reports

Subsection (c) of such section is amended—

(1)

in paragraph (1), by striking Not later than 180 days after the date of the enactment of this Act and inserting Not later than August 1, 2019;

(2)

by redesignating paragraph (3) as paragraph (4); and

(3)

by inserting after paragraph (1) the following new paragraphs:

(2)

Interim reports

Not later than each of December 1, 2019, and December 1, 2020, the Commission shall submit as described in that paragraph an interim report on the review required under subsection (b).

(3)

Final report

Not later than March 1, 2021, the Commission shall submit as described in paragraph (1) a comprehensive final report on the review required under subsection (b).

.

H

Other Matters

1084.

National Commission on Military Aviation Safety

(a)

Extension of deadline for report

Subsection (h)(2) of section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking March 1, 2020 an inserting December 1, 2020.

(b)

Secretary of Defense report

Such section is further amended by adding at the end the following new subsection:

(l)

Report to Congress

Not later than 120 days after the date of the submittal of the report under subsection (h)(2), the Secretary of Defense, in coordination with the Secretary of each of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes each of the following:

(1)

An assessment of the findings and conclusions of the Commission.

(2)

The plan of the Secretaries for implementing the recommendations of the Commission.

(3)

Any other actions taken or planned by the Secretary of Defense or the Secretary of any of the military departments to improve military aviation safety.

.

(c)

Authorization of appropriations

In addition to any other amounts authorized to be appropriated for the National Commission on Military Aviation Safety established under section 1087 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), of the amounts authorized to be appropriated for Operation and Maintenance, Defense-wide for fiscal year 2020, as specified in the funding table in section 4301, $3,000,000 shall be available for the National Commission on Aviation Safety.

XI

Civilian Personnel Matters

1103.

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

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and most recently amended by section 1115 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended by striking 2020 and inserting 2021.

1104.

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

Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1104(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended by striking through 2019 and inserting through 2020.

1105.

Defense Advanced Research Projects Agency personnel management authority

Section 1599h(b)(1)(B) of title 10, United States Code, is amended by striking 100 positions and inserting 140 positions.

XII

Matters Relating to Foreign Nations

A

Assistance and Training

1202.

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

Section 1207(e) of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342 note) is amended by striking September 30, 2019 and inserting September 30, 2024.

1203.

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

Section 1207 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amended—

(1)

in subsection (i)(1), by striking September 30, 2019 and inserting September 30, 2021; and

(2)

in subsection (o)—

(A)

in the first sentence, by striking September 30, 2019 and inserting September 30, 2021; and

(B)

in the second sentence, by striking through 2019 and inserting through 2021.

B

Matters Relating to Afghanistan and Pakistan

1211.

Extension of Commanders' Emergency Response Program

Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1224(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2032), is further amended—

(1)

in subsection (a), by striking December 31, 2019 and inserting December 31, 2020;

(2)

in subsection (b), by striking fiscal years 2017 through 2019 and inserting fiscal years 2017 through 2020; and

(3)

in subsection (f), by striking December 31, 2019 and inserting December 31, 2020.

1212.

Afghanistan Security Forces Fund

Funds available to the Department of Defense for the Afghanistan Security Forces Fund for fiscal year 2020 shall be subject to the conditions contained in—

(1)

subsections (b) through (f) of section 1513 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181 122 Stat. 428), as most recently amended by section 1223(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2028); and

(2)

section 1521(d)(1) of the National Defense Authorization Act for Fiscal year 2017 (Public law 114–328; 130 Stat. 2577).

1214.

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

Section 1233(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1225 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is further amended to read as follows:

(a)

Authority

From funds made available for the Department of Defense for the period beginning on October 1, 2019, and ending on December 31, 2020, for overseas contingency operations for operation and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation (other than Pakistan) for—

(1)

logistical and military support provided by that nation to or in connection with United States military operations in Afghanistan, Iraq, or Syria; and

(2)

logistical, military, and other support, including access, provided by that nation to or in connection with United States military operations described in paragraph (1).

.

C

Matters Relating to Syria, Iraq, and Iran

1221.

Extension of authority to provide assistance to the vetted Syrian opposition

(a)

Extension

Subsection (a) of section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3559), as most recently amended by section 1231 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2033), is further amended by striking December 31, 2019 and inserting December 31, 2020.

(b)

Reprogramming requirement

Subsection (f) of such section 1209, as so most recently amended, is further amended by striking December 31, 2019 and inserting December 31, 2020.

1223.

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

(a)

Authority

Section 1215 of the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended—

(1)

by amending subsection (a) to read as follows:

(a)

Authority

The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing funds for operations and activities of the Office of Security Cooperation in Iraq.

;

(2)

by striking subsection (f);

(3)

in subsection (g)(2), by striking subparagraph (F); and

(4)

by redesignating subsection (g) as subsection (f).

(b)

Types of support

Subsection (b) of such section is amended by striking life support, transportation and personal security, and construction and renovation of facilities and inserting life support, transportation, and personal security.

(c)

Amount available

Such section is further amended—

(1)

in subsection (c)—

(A)

by striking fiscal year 2019 and inserting fiscal year 2020; and

(B)

by striking $45,300,000 and inserting $30,000,000; and

(2)

in subsection (d), by striking fiscal year 2019 and inserting fiscal year 2020.

(d)

Coverage of costs of the Office of Security Cooperation in Iraq

Subsection (e) of such section is amended by striking activities of security assistance teams in Iraq in connection with such sale and inserting activities of the Office of Security Cooperation in Iraq in excess of the amount set forth in subsection (c).

D

Other Matters

1231.

North Atlantic Treaty Organization Joint Force Command

(a)

In general

Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section:

2350n

North Atlantic Treaty Organization Joint Force Command

(a)

Authorization

The Secretary of Defense shall authorize the establishment of, and the participation by members of the armed forces in, the North Atlantic Treaty Organization Joint Force Command (in this section referred to as the Joint Force Command), to be established in the United States.

(b)

Use of Department of Defense facilities and equipment

The Secretary may use facilities and equipment of the Department of Defense to support the Joint Force Command.

(c)

Availability of funds

Amounts authorized to be appropriated to the Department of Defense shall be available to carry out the purposes of this section.

.

(b)

Conforming amendment

The table of sections at the beginning of subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new item:

2350n. North Atlantic Treaty Organization Joint Force Command.

.

XIII

Cooperative Threat Reduction

1301.

Funding allocations

Of the $338,700,000 authorized to be appropriated to the Department of Defense for fiscal year 2020 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:

(1)

For strategic offensive arms elimination, $492,000.

(2)

For chemical weapons destruction, $12,856,000.

(3)

For global nuclear security, $33,919,000.

(4)

For cooperative biological engagement, $183,642,000.

(5)

For proliferation prevention, $79,869,000.

(6)

For activities designated as Other Assessments/Administrative Costs, $27,922,000.

1302.

Specification of cooperative threat reduction funds

Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division Dfor the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2020, 2021, and 2022.

XIV

Other Authorizations

A

Military Programs

1401.

Working capital funds

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.

1402.

Chemical Agents and Munitions Destruction, Defense

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.

(b)

Use

Amounts authorized to be appropriated under subsection (a) are authorized for—

(1)

the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

(2)

the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

1403.

Drug Interdiction and Counter-Drug Activities, Defense-wide

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.

1404.

Defense Inspector General

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.

1405.

Defense Health Program

Funds are hereby authorized to be appropriated for fiscal year 2020 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.

C

Armed Forces Retirement Home

1421.

Authorization of appropriations for Armed Forces Retirement Home

There is hereby authorized to be appropriated for fiscal year 2020 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.

D

Other Matters

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

(a)

Authority for transfer of funds

Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $127,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For purposes of subsection (a)(2) of such section 1704, any funds so transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.

(b)

Use of transferred funds

For the purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).

XV

Authorization of additional appropriations for overseas contingency operations

A

Authorization of additional appropriations

1501.

Purpose

The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2020 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.

1502.

Overseas contingency operations

Funds are hereby authorized to be appropriated for fiscal year 2020 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).

1503.

Procurement

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.

1504.

Research, development, test, and evaluation

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.

1505.

Operation and maintenance

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.

1506.

Military personnel

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.

1507.

Working capital funds

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.

1508.

Drug Interdiction and Counter-Drug Activities, Defense-wide

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.

1509.

Defense Inspector General

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.

1510.

Defense Health Program

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2020 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.

B

Financial matters

1521.

Treatment as additional authorizations

The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.

1522.

Special transfer authority

(a)

Authority To transfer authorizations

(1)

Authority

Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2020 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

(2)

Limitation

The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed the amount specified in Acts appropriating funds for the Department of Defense for fiscal year 2020.

(b)

Terms and conditions

Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.

(c)

Additional authority

The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.

C

Other Matters

1531.

Interdiction of improvised explosive device precursor chemicals

Section 1521(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2097) is amended—

(1)

in paragraph (1)—

(A)

by striking for fiscal year 2019 and inserting for each of fiscal years 2019 and 2020; and

(B)

by inserting in each such fiscal year after may be made available; and

(2)

in paragraph (4), by striking December 31, 2019 and inserting December 31, 2020.

XVI

Strategic Programs, Cyber, and Intelligence Matters

1627.

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

(a)

In general

The Secretary of Defense and each Secretary concerned may obligate and expend not more than $3,000,000 of amounts authorized to be appropriated for operation and maintenance in each of fiscal years 2020 through 2022 to carry out cyber operations-peculiar capability development projects.

(b)

Certification

For each development project initiated under the authority provided for in subsection (a), the Commander of the United States Cyber Command shall certify to the congressional defense committees that each project is determined to be cyber operations-peculiar.

(c)

Notification

Not later than 15 days after exercising the authority provided for in subsection (a), the Secretary of Defense shall notify the congressional defense committees of such exercise.

(d)

Report

Not later than December 31 of each year through 2022, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made pursuant to the authority provided for in subsection (a). Each such report shall include a full description and evaluation of each of the cyber operations-peculiar capability development projects that is the subject of each such expenditure, definitions and standards for cyber operations-peculiar requirements, transition plans, and any other matters the Secretary determines relevant.

1639.

Extension of authorities for Cyberspace Solarium Commission

Section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1)

in paragraph (1), by striking September 1, 2019 and inserting February 1, 2020; and

(2)

in paragraph (2), by striking and intelligence committees and inserting committees, the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives.

B

Military Construction Authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2020.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after five years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII and XXIX for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—

(1)

October 1, 2024; or

(2)

the date of the enactment of an Act authorizing funds for military construction for fiscal year 2025.

(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—

(1)

October 1, 2024; or

(2)

the date of the enactment of an Act authorizing funds for fiscal year 2025 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII and XXIX shall take effect on the later of—

(1)

October 1, 2019; or

(2)

the date of the enactment of this Act.

XXI

Army military construction

2101.

Authorized Army construction and land acquisition projects

(a)

Inside the United States

The Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and as specified in the funding table in section 4601.

(b)

Outside the United States

The Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and as specified in the funding table in section 4601.

2102.

Family housing

(a)

Construction and acquisition

The Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and as specified in the funding table in section 4601.

(b)

Planning and design

The Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units using amounts not to exceed amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and as specified in the funding table in section 4601.

2103.

Authorization of appropriations, Army

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

2104.

Modification of authority to carry out certain fiscal year 2019 project

In the case of the authorization contained in the table in section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232) for Anniston Army Depot, Alabama, for construction of a weapon maintenance shop, the Secretary of the Army may construct a 21,000 square foot weapon maintenance shop.

XXII

Navy military construction

2201.

Authorized Navy construction and land acquisition projects

(a)

Inside the United States

The Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and as specified in the funding table in section 4601.

(b)

Outside the United States

The Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and as specified in the funding table in section 4601.

2202.

Family housing

(a)

Construction and acquisition

The Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and as specified in the funding table in section 4601.

(b)

Planning and design

The Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units using amounts not to exceed amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and as specified in the funding table in section 4601.

2203.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed the amounts appropriated pursuant to the authorization or appropriations in section 2204(a) of this Act and available for military family housing functions as specified in the funding table in section 4601.

2204.

Authorization of appropriations, Navy

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

XXIII

Air Force military construction

2301.

Authorized Air Force construction and land acquisition projects

(a)

Inside the United States

The Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and as specified in the funding table in section 4601.

(b)

Outside the United States

The Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and as specified in the funding table in section 4601.

2302.

Family housing

(a)

construction and acquisition

The Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and as specified in the funding table in section 4601.

(b)

Planning and design

The Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units using amounts not to exceed amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and as specified in the funding table in section 4601.

2303.

Improvements to military family housing units

Subject to section 2825 of title 10, United States Code, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed the amounts appropriated pursuant to the authorization or appropriations in section 2304(a) of this Act and available for military family housing functions as specified in the funding table in section 4601.

2304.

Authorization of appropriations, Air Force

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

2305.

Modification of authority to carry out certain fiscal year 2015 project

In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2015 (division B of Public Law 113–291; 128 Stat. 3679) for Royal Air Force Croughton, for JIAC Consolidation Phase 1, the location shall be Royal Air Force Molesworth, United Kingdom.

2306.

Modification of authority to carry out certain fiscal year 2016 project

In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2016 (division B of Public Law 114–92; 129 Stat. 1153) for JIAC Consolidation Phase 2, as modified by section 2305 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232) for an unspecified location in the United Kingdom, the Secretary of the Air Force may construct a 5,152 square meter intelligence analytic center, a 5,234 square meter intelligence fusion center, and a 807 square meter battlefield information collection and exploitation system center at Royal Air Force Molesworth, United Kingdom.

2307.

Modification of authority to carry out certain fiscal year 2017 project

In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328; 130 Stat. 2697) for JIAC Consolidation Phase 3, as modified by section 2305 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–32) for an unspecified location in the United Kingdom, the Secretary of the Air Force may construct a 1,562 square meter regional joint intelligence training facility and a 4,495 square meter combatant command intelligence facility at Royal Air Force Molesworth, United Kingdom.

2308.

Additional authority to carry out certain fiscal year 2018 projects

(a)

Joint Base San Antonio

In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1826) for Joint Base San Antonio, Texas—

(1)

for construction of a dining and classroom facility the Secretary of the Air Force may construct a 750 square meter equipment building; and

(2)

for construction of an air traffic control tower the Secretary of the Air Force may construct a 636 square meter air traffic control tower.

(b)

Rygge

In the case of the authorization contained in the table in section 2903 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1876) for Rygge, Norway, for repairing and expanding a quick reaction alert pad, the Secretary of the Air Force may construct 1,327 square meters of aircraft shelter and a 404 square meter fire protection support building.

2309.

Modification of authority to carry out certain fiscal year 2019 projects

(a)

Hanscom Air Force Base

In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232) for Hanscom Air Force Base, Massachusetts, for the construction of a semiconductor or microelectronics lab facility, the Secretary of the Air Force may construct a 1,000 kilowatt stand-by generator.

(b)

Royal Air Force Lakenheath

In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232) for Royal Air Force Lakenheath, United Kingdom, for the construction of an F-35 dormitory, the Secretary of the Air Force may construct a 5,900 square meter dormitory.

XXIV

Defense Agencies military construction

2401.

Authorized Defense Agencies construction and land acquisition projects

(a)

Inside the United States

The Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and as specified in the funding table in section 4601.

(b)

Outside the United States

The Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and as specified in the funding table in section 4601.

2402.

Authorized Energy Resilience and Conservation Investment Program projects

(a)

Inside the United States

The Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and as specified in the funding table in section 4601.

(b)

Outside the United States

The Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and as specified in the funding table in section 4601.

2403.

Authorization of appropriations, Defense Agencies

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.

(b)

Limitation on total cost of construction projects

Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.

XXV

International programs

A

North Atlantic Treaty Organization Security Investment Program

2501.

Authorized NATO construction and land acquisition projects

The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

2502.

Authorization of appropriations, NATO

(a)

Authorization

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.

(b)

Authority to recognize NATO authorization amounts as budgetary resources for project execution

When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.

B

Host Country In-Kind Contributions

2511.

Republic of Korea funded construction projects

Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations, and in the amounts, set forth in the following table:

Republic of Korea Funded Construction Projects
CountryComponentInstallation or LocationProjectAmount
KoreaArmyCamp CarrollArmy Prepositioned Stock-4 Wheeled Vehicle Maintenance Facility$51,000,000
ArmyCamp HumphreysUnaccompanied Enlisted Personnel Housing, P1$154,000,000
ArmyCamp HumphreysUnaccompanied Enlisted Personnel Housing, P2$211,000,000
ArmyCamp HumphreysSatellite Communications Facility$32,000,000
Air ForceGwangju Air BaseHydrant Fuel System Upgrade Electrical$35,000,000
Air ForceKunsan Air BaseDistribution System$14,200,000
Air ForceKunsan Air BaseDining Facility$21,000,000
Air ForceSuwon Air BaseHydrant Fuel System$24,000,00
XXVI

Guard and Reserve Forces facilities

2601.

Authorized Army National Guard construction and land acquisition projects

The Secretary of the Army may acquire real property and carry out military construction projects for Army National Guard locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601.

2602.

Authorized Army Reserve construction and land acquisition projects

The Secretary of the Army may acquire real property and carry out military construction projects for Army Reserve locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601.

2603.

Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects

The Secretary of the Navy may acquire real property and carry out military construction projects for Navy Reserve and Marine Corps Reserve locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601.

2604.

Authorized Air National Guard construction and land acquisition projects

The Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601.

2605.

Authorized Air Force Reserve construction and land acquisition projects

The Secretary of the Air Force may acquire real property and carry out military construction projects for the Air Force Reserve locations inside the United States using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601.

2606.

Authorization of appropriations, National Guard and Reserve

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.

XXVII

Base realignment and closure activities

2701.

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

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.

XXIX

Overseas contingency operations and emergency military construction

A

Overseas contingency operations military construction

2901.

Authorized Army construction and land acquisition projects

The Secretary of the Army may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States
CountryLocationAmount
CubaGuantanamo Bay$33,800,000
Worldwide UnspecifiedUnspecified Worldwide Locations$42,200,000
2902.

Authorized Navy construction and land acquisition projects

The Secretary of the Navy may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:

Navy: Outside the United States
CountryLocationAmount
SpainRota$69,570,000
2903.

Authorized Air Force construction and land acquisition projects

The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:

Air Force: Outside the United States
CountryLocationAmount
IcelandKeflavik$57,000,000
SpainMoron$8,500,000
Worldwide UnspecifiedUnspecified Worldwide Locations$175,000,000
2904.

Authorized Defense Agencies construction and land acquisition projects

The Secretary of Defense may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States
CountryLocationAmount
GermanyGemersheim$46,000,000
2907.

Authorization of appropriations

Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2019, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.

B

Emergency military construction

2911.

Authorization of emergency supplemental appropriations for military construction projects

Funds are hereby authorized to be appropriated for the Department of Defense for the military construction projects authorized in the funding table in section 4603, in such amounts as may be designated as emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

C

Department of Energy National Security Authorizations

XXXI

DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

3101.

National Nuclear Security Administration

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of new plant projects

From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows:

  • Project 20–D–931, KL Fuel Development Laboratory, Knolls Atomic Power Laboratory, Schenectady, New York, $23,700,000.
  • General Purpose Project, PF–4 Power and Communications Systems Upgrade, Los Alamos National Laboratory, New Mexico, $16,000,000.
3102.

Defense environmental cleanup

(a)

Authorization of appropriations

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.

(b)

Authorization of new plant projects

From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant projects:

  • Project 20–D–401, Saltstone Disposal Units numbers 10, 11, and 12, Savannah River Site, Aiken, South Carolina, $1,000,000.
  • Project 20–D–402, Advanced Manufacturing Collaborative, Savannah River Site, Aiken, South Carolina, $50,000,000.
  • Project 20–U–401, On-Site Waste Disposal Facility (Cell Lines 2 and 3), Portsmouth Site, Pike County, Ohio, $10,000,000.
3103.

Other defense activities

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for other defense activities in carrying out programs as specified in the funding table in section 4701.

3104.

Nuclear energy

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2020 for nuclear energy as specified in the funding table in section 4701.

XXXII

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

3201.

Authorization

There are authorized to be appropriated for fiscal year 2020, $29,450,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.

(b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—

(1)

be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(2)

comply with other applicable provisions of law.

(c)

Relationship to transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.

(d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act.

(e)

Oral written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

October 29, 2019

Read twice and placed on the calendar