[Congressional Record Volume 165, Number 103 (Wednesday, June 19, 2019)]
[Senate]
[Pages S3851-S4104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 756. Mr. PERDUE (for himself and Mr. Braun) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 108__. SENSE OF CONGRESS ON THE NATIONAL DEBT AS A
THREAT TO NATIONAL SECURITY.
(a) Findings.--Congress finds that--
(1) in February 2019, the total public debt outstanding was
more than $22,000,000,000,000, resulting in a total interest
expense of more than $192,000,000,000 for fiscal year 2019;
(2) on December 21, 2018, the total public debt as a
percentage of gross domestic product was 104 percent;
(3) the last balanced Federal budget was signed into law in
1997;
(4) in fiscal year 2018, Federal tax receipts totaled
$3,329,000,000,000, but Federal outlays totaled
$4,108,000,000,000, leaving the Federal Government with a 1-
year deficit of $779,000,000,000;
(5) every year since the last balanced Federal budget was
signed in 1997, Congress has failed to maintain a fiscally
responsible budget and has typically relied on raising the
debt ceiling;
(6) the Social Security and Medicare Boards of Trustees
project that the Federal Hospital Insurance Trust Fund will
be depleted in 2026;
(7) the Social Security and Medicare Boards of Trustees
project that the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund
will be depleted in 2034;
(8) the credit rating of the United States was reduced by
Standard and Poor's from AAA to AA+ on August 5, 2011, and
has remained at that level since that date;
(9) without a targeted effort to balance the Federal
budget, the credit rating of the United States is certain to
continue to fall;
(10) the National Security Strategy issued by President
Donald Trump highlights the need to reduce the national debt
through fiscal responsibility;
(11) on April 12, 2018, former Secretary of Defense James
Mattis warned that ``any Nation that can't keep its fiscal
house in order eventually cannot maintain its military
power'';
(12) on March 6, 2018, Director of National Intelligence
Dan Coats warned: ``Our continued plunge into debt is
unsustainable and represents a dire future threat to our
economy and to our national security'';
(13) on November 15, 2017, former Secretaries of Defense
Leon Panetta, Ash Carter, and Chuck Hagel warned: ``Increase
in the debt will, in the absence of a comprehensive budget
that addresses both entitlements and revenues, force even
deeper reductions in our national security capabilities'';
and
(14) on September 22, 2011, former Chairman of the Joint
Chiefs of Staff Michael Mullen warned: ``I believe the
single, biggest threat to our national security is debt''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the national debt is a threat to the national security
of the United States;
(2) deficits are unsustainable, irresponsible, and
dangerous; and
(3) Congress should commit to addressing the fiscal crisis
faced by the United States.
______
SA 757. Mr. MANCHIN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
[[Page S3852]]
SEC. __. CONGRESSIONAL COMMISSION ON PREVENTING, COUNTERING,
AND RESPONDING TO NUCLEAR AND RADIOLOGICAL
TERRORISM.
(a) Establishment.--There is hereby established a
commission, to be known as the ``Congressional Commission on
Preventing, Countering, and Responding to Nuclear and
Radiological Terrorism'' (referred to in this Act as the
``Commission''), which shall develop a comprehensive strategy
to prevent, counter, and respond to nuclear and radiological
terrorism.
(b) Composition.--
(1) Membership.--The Commission shall be composed of 12
members, of whom--
(A) 1 shall be appointed by the majority leader of the
Senate;
(B) 1 shall be appointed by the minority leader of the
Senate;
(C) 1 shall be appointed by the Speaker of the House of
Representatives;
(D) 1 shall be appointed by the minority leader of the
House of Representatives;
(E) 1 shall be appointed by the chairman of the Committee
on Armed Services of the Senate;
(F) 1 shall be appointed by the ranking minority member of
the Committee on Armed Services of the Senate;
(G) 1 shall be appointed by the chairman of the Committee
on Armed Services of the House of Representatives;
(H) 1 shall be appointed by the ranking minority member of
the Committee on Armed Services of the House of
Representatives;
(I) 1 shall be appointed by the chairman of the Committee
on Homeland Security and Governmental Affairs of the Senate;
(J) 1 shall be appointed by the ranking minority member of
the Committee on Homeland Security and Governmental Affairs
of the Senate;
(K) 1 shall be appointed by the chairman of the Committee
on Homeland Security of the House of Representatives; and
(L) 1 shall be appointed by the ranking minority member of
the Committee on Homeland Security of the House of
Representatives.
(2) Chairman; vice chairman.--
(A) Chairman.--The chair of the Committee on Homeland
Security and Governmental Affairs of the Senate and the chair
of the Committee on Homeland Security of the House of
Representatives shall jointly designate 1 member of the
Commission to serve as Chair of the Commission.
(B) Vice chairman.--The ranking member of the Committee on
Armed Services of the Senate and the ranking member of the
Committee on Armed Services of the House of Representatives
shall jointly designate 1 member of the Commission to serve
as Vice Chair of the Commission.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(c) Duties.--
(1) Review.--After conducting a review of the United
States' current strategy, outlined in the National Strategy
for Countering Weapons of Mass Destruction Terrorism, to
prevent, counter, and respond to nuclear and radiological
terrorism, the Commission shall develop a comprehensive
strategy that--
(A) identifies national and international nuclear and
radiological terrorism risks and critical emerging threats;
(B) prevents state and nonstate actors from acquiring the
technologies, materials, and critical expertise needed to
mount nuclear or radiological attacks;
(C) counters efforts by state and nonstate actors to mount
such attacks;
(D) responds to nuclear and radiological terrorism
incidents to attribute their origin and help manage their
consequences;
(E) provides the projected resources to implement and
sustain the strategy;
(F) delineates indicators for assessing progress toward
implementing the strategy;
(G) makes recommendations for improvements to the National
Strategy for Countering Weapons of Mass Destruction
Terrorism;
(H) determines whether a Nuclear Nonproliferation Council
is needed to oversee and coordinate nuclear nonproliferation,
nuclear counterproliferation, nuclear security, and nuclear
arms control activities and programs of the United States
Government; and
(I) if the Commission determines that such council is
needed, provides recommendations regarding--
(i) appropriate council membership;
(ii) frequency of meetings;
(iii) responsibilities of the council;
(iv) coordination within the United States Government; and
(v) congressional reporting requirements.
(2) Assessment and recommendations.--
(A) Assessment.--The Commission shall assess the benefits
and risks associated with the current United States strategy
in relation to nuclear terrorism.
(B) Recommendations.--The Commission shall develop
recommendations regarding the most effective nuclear
terrorism strategy.
(d) Cooperation From Government.--
(1) Cooperation.--In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense, the Secretary of Energy, and the
Secretary of Homeland Security in providing the Commission
with analyses, briefings, and other information necessary for
the fulfillment of its responsibilities.
(2) Liaison.--The Secretary of Defense, the Secretary of
Energy, and the Secretary of Homeland Security shall each
designate at least 1 officer or employee of the Department of
Defense, the Department of Energy, and the Department of
Homeland Security, respectively, to serve as a liaison
officer with the Commission.
(e) Strategic Report.--
(1) In general.--Not later than December 1, 2020, the
Commission shall submit a strategic report containing the
Commission's findings, conclusions, and recommendations to--
(A) the President;
(B) the Secretary of Defense;
(C) the Secretary of Energy;
(D) the Secretary of Homeland Security;
(E) the Committee on Armed Services of the Senate; and
(F) the Committee on Armed Services of the House of
Representatives.
(2) Contents.--The report required under paragraph (1)
shall outline how the Federal Government will--
(A) encourage and incentivize other countries and relevant
international organizations, such as the International Atomic
Energy Agency and INTERPOL, to make nuclear and radiological
security a priority;
(B) improve cooperation, with a focus on developing and
deploying technologies to detect and prevent illicit
transfers of weapons of mass destruction-related materials,
equipment, and technology, and appropriate integration among
Federal entities and Federal, State, and tribal governments;
and
(C) improve cooperation, with a focus on developing and
deploying technologies to detect and prevent illicit
transfers of weapons of mass destruction-related materials,
equipment, and technology, between the United States and
other countries and international organizations, while
focusing on cooperation with China, India, Pakistan, and
Russia.
(f) Termination.--The Commission shall terminate on the
date on which the report is submitted under subsection
(e)(1).
______
SA 758. Mr. SCHUMER (for himself and Mrs. Gillibrand) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle A of title XXXI, add the following:
SEC. 3105. ADDITIONAL AMOUNT FOR INERTIAL CONFINEMENT FUSION
IGNITION AND HIGH YIELD PROGRAM.
(a) In General.--The amount authorized to be appropriated
to the Department of Energy by section 3101 for fiscal year
2020 and available as specified in the funding table in
section 4701 for research, development, test and evaluation
for weapons activities for the inertial confinement fusion
ignition and high yield program is hereby increased by
$40,000,000.
(b) Offset.--The amount authorized to be appropriated to
the Department of Energy by section 3101 for fiscal year 2020
and available as specified in the funding table in section
4701 for infrastructure and operations--
(1) for maintenance and repair of facilities, is hereby
decreased by $20,000,000; and
(2) for recapitalization for infrastructure and safety, is
hereby decreased by $20,000,000.
______
SA 759. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
SEC. 342. REPORT ON NATIONAL AIRSPACE OF UNITED STATES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Director of Training and
Readiness of the Air Force, in consultation with the
Administrator of the Federal Aviation Administration and the
heads of such other Federal agencies as the Secretary of
Defense considers appropriate, shall submit to the
congressional defense committees a report on the national
airspace of the United States.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the strategic importance of the
national airspace of the United States.
(2) An assessment of whether the current airspace system is
sufficient to ensure components of the Department of Defense
have sufficient access to airspace to meet worldwide
operational, training, exercise, test, and evaluation
requirements for peacetime, contingency, and wartime
operations, including an assessment of the following:
(A) Whether current civil and military cooperation
mechanisms are providing for the effective and efficient
management of the national airspace for purposes of training
members of the Armed Forces.
[[Page S3853]]
(B) Whether current civil and military cooperation
mechanisms provide sufficient notice to permit the planning
of large force exercises, including any necessary waivers for
altitudes, short notice testing requirements, and other
purposes.
(C) Whether temporary or permanent realignment of the
jurisdictional boundaries of air route traffic control
centers of the Federal Aviation Administration would improve
current civil and military cooperation mechanisms for
conducting large force exercises.
(D) Whether the current airspace system is sufficient to
meet the training needs of aviators in the Armed Forces to
meet high-end threats, including 5th generation aircraft,
unmanned aerial vehicles, and hypersonic weapons.
(E) Whether current civil and military cooperation
mechanisms can sufficiently address the need to replicate
contested combat airspace, denied access combat airspace, and
airspace without use of Global Positioning System for
training of members of the Armed Forces.
(F) Whether current civil and military cooperation
mechanisms provide sufficient notice to commercial and
general aviation regarding exercises and special use waivers.
(3) An audit of the national airspace, including an audit
of the following:
(A) Special use airspaces.
(B) Military operations areas.
(C) Temporary military operations areas.
(D) Commercial flight routes.
(E) Instrument routes.
(F) Visual routes.
(G) Unfulfilled user requirements.
(H) Whether underutilized airspaces can be returned to the
national airspace system to enhance commercial route
efficiencies in high-traffic areas in exchange for expanded
training for the Armed Forces in low-traffic areas.
(I) Proposed options and solutions to overcome challenges
identified in paragraph (2), including identifying whether--
(i) a solution or solutions can be incorporated within the
existing memorandum of understanding between the Federal
Aviation Administration and the Department of Defense with
respect to the national airspace; or
(ii) changes to current law are required.
______
SA 760. Mr. SASSE (for himself, Mr. Cotton, Mr. Cruz, Mr. Scott of
South Carolina, and Mr. Scott of Florida) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, add the
following:
SEC. __. MILITARY EDUCATION SAVINGS ACCOUNTS.
(a) In General.--The Secretary of Education (referred to in
this section as the ``Secretary''), in consultation with the
Secretary of Defense, shall carry out a program under which
the Secretary shall--
(1) at the request of a parent of an eligible military
dependent child, establish an account on behalf of such child
(to be known as a ``Military Education Savings Account'')
into which the Secretary shall deposit funds in an amount
determined under subsection (d); and
(2) establish a procedure under which the parent of the
child may use funds in the account to pay for the educational
expenses of the child in accordance with this section.
(b) Application.--
(1) In general.--To be eligible to participate in the
program under this section for a school year, a parent of an
eligible military dependent child shall submit an application
to the Secretary in accordance with this subsection.
(2) Application process.--In carrying out paragraph (1),
the Secretary shall--
(A) accept applications on a year-round basis and establish
procedures for approving applications in an expeditious
manner; and
(B) create a standardized form that parents can use to
apply for the program and ensure that such form is readily
available in written and electronic formats, including on a
publicly accessible website.
(3) Approval.--Subject to the availability of funds to
carry out this section, the Secretary shall approve the
application of a parent to establish a Military Education
Savings Account if--
(A) the application is submitted in accordance with the
application process established by the Secretary pursuant to
this subsection;
(B) the application demonstrates that the child on whose
behalf the Military Education Savings Account is to be
established is an eligible military dependent child; and
(C) the parent who submits the application enters into a
written agreement with the Secretary under which the parent
agrees--
(i) to provide the child with instruction in, at minimum,
the fields of reading, language, mathematics, science, and
social studies;
(ii) to not enroll the child in a public elementary school
or a public secondary school, on a full-time basis while
participating in the program;
(iii) to use funds in the Military Education Savings
Account only for the purposes authorized under this section;
and
(iv) to comply with all other requirements of this section.
(4) Renewals.--The Secretary shall establish a process for
the automatic renewal of a previously established Military
Education Savings Account except in cases in which--
(A) the parents of the child on whose behalf the account
was established choose not to renew the account; or
(B) the account was used to commit fraud or was otherwise
not used in accordance with the requirements of this section.
(c) Priority in the Event of Insufficient Funds.--
(1) In general.--If the funds appropriated to carry out
this section are insufficient to enable the Secretary to
establish and fully fund a Military Education Savings Account
for each eligible military dependent child whose parent has
an application approved under subsection (b) for a school
year, the Secretary shall--
(A) first renew and fully fund previously established
Military Education Savings Accounts; and
(B) if funds remain available after renewing all accounts
under subparagraph (A), conduct the lottery described in
paragraph (3) to select the children on whose behalf accounts
will be established using the remaining funds.
(2) Transfer authority.--Notwithstanding any other
provision of law, the Secretary may transfer amounts from any
account of the Department of Education to renew and fully
fund previously established Military Education Savings
Accounts under paragraph (1)(A). The authority to transfer
amounts under the preceding sentence shall not be subject to
any transfer or reprogramming requirements under any other
provision of law.
(3) Lottery.--The lottery described in this paragraph is a
lottery in which--
(A) siblings of children on whose behalf Military Education
Savings Accounts have previously been established have the
highest probability of selection;
(B) children of enlisted members have the next-highest
probability of selection after the children described in
subparagraph (A);
(C) children of warrant officers have the next-highest
probability of selection after the children described in
subparagraph (B); and
(D) children of commissioned officers have the lowest
probability of selection.
(d) Amount of Deposits.--
(1) First year of program.--The amount of funds deposited
into each Military Education Savings Account for the first
school year for which such accounts are established under
this section shall be $6000 for each eligible military
dependant child covered by the account.
(2) Subsequent years.--The amount of funds deposited into
each Military Education Savings Account for any school year
after the year described in paragraph (1), shall be the
amount determined under this subsection for the previous
school year increased by a percentage equal to the percentage
increase in the Chained Consumer Price Index for All Urban
Consumers (as published by the Bureau of Labor Statistics of
the Department of Labor) over the period of such previous
school year.
(e) Use of Funds.--Funds deposited into a Military
Education Savings Account for a school year may be used by
the parent of an eligible military dependent child to make
payments to a qualified educational service provider that is
approved by the Secretary under subsection (f)(1) for--
(1) costs of attendance at a private elementary school or
secondary school recognized by the State, which may include a
private school that has a religious mission;
(2) private online learning programs;
(3) private tutoring;
(4) services provided by a public elementary school or
secondary school attended by the child on a less than full-
time basis, including individual classes and extracurricular
activities and programs;
(5) textbooks, curriculum programs, or other instructional
materials, including any supplemental materials required by a
curriculum program, private school, private online learning
program, or a public school, or any parent directed
curriculum associated with K-12 education;
(6) computer hardware or other technological devices that
are used to help meet a child's educational needs, except
that such hardware or devices may not be purchased by a
parent more than once in an 18-month period;
(7) educational software and applications;
(8) uniforms purchased from or through a private school
recognized by the State;
(9) fees for nationally standardized assessment exams,
advanced placement exams, any exams related to college or
university admission, or tuition or fees for preparatory
courses for such exams;
(10) fees for summer education programs and specialized
after-school education programs (but not including after-
school childcare);
(11) educational services and therapies, including
occupational, behavioral, physical, speech-language, and
audiology therapies;
(12) fees for transportation paid to a fee-for-service
transportation provider for the child to travel to and from
the facilities of a qualified educational service provider;
[[Page S3854]]
(13) costs of attendance at an institution of higher
education;
(14) costs associated with an apprenticeship or other
vocational training program;
(15) fees for state-recognized industry certification
exams, and tuition or fees for preparatory courses for such
exams;
(16) contributions to a college savings account, which may
include contributions to a qualified tuition program (as
defined in section 529(b)(1)(A) of the Internal Revenue Code
of 1986) or other prepaid tuition plan offered by a State; or
(17) any other educational expenses approved by the
Secretary.
(f) Requirements for Qualified Educational Service
Providers.--
(1) Registration and approval.--The Secretary shall
establish and maintain a registry of qualified educational
service providers that are approved to receive payments from
a Military Education Savings Account. The Secretary shall
approve a qualified educational service provider to receive
such payments if the provider demonstrates to the Secretary
that it is licensed in the State in which it operates to
provide one or more of the services for which funds may be
expended under subsection (e)
(2) Participation in online marketplace.--As a condition of
receiving funds from a Military Education Savings Account, a
qualified educational service provider shall make its
services available for purchase through the online
marketplace described in subsection (g).
(3) Surety bond.--
(A) In general.--The Secretary shall require each qualified
educational service provider that receives $100,000 or more
in funds from Military Education Savings Accounts in a school
year to post a surety bond, in an amount determined by the
Secretary, for such school year.
(B) Retention.--The Secretary shall prescribe the
circumstances under which a surety bond under subparagraph
(A) may be retained by the Secretary.
(g) Online Marketplace.--
(1) In general.--The Secretary shall seek to enter into a
contract with a private-sector entity under which the entity
shall--
(A) establish and operate an online marketplace that
enables the holder of a Military Education Savings Account to
make direct purchases from qualified educational service
providers using funds from such account;
(B) ensure that each qualified educational service provider
on the registry maintained by the Secretary under subsection
(f)(1) has made its services available for purchase through
the online marketplace;
(C) ensure that all purchases made through the online
marketplace are for services that are allowable uses of funds
under subsection (e); and
(D) develop and make available a standardized expense
report form, in electronic and hard copy formats, to be used
by parents for reporting expenses in accordance with
subsection (h)(3).
(2) Rule of construction.--Nothing in this subsection shall
be construed to require the holder of a Military Education
Savings Account to make purchases using the online
marketplace described in paragraph (1).
(h) Transfer Schedule.--
(1) In general.--Subject to paragraph (2), the Secretary
shall make quarterly transfers of the amount calculated
pursuant to subsection (d) for deposit into the account of
each eligible military dependent child, except that the
Secretary may make transfers according to another transfer
schedule if the Secretary determines that a transfer schedule
other than quarterly transfers is necessary for the operation
of the education savings account.
(2) Choice of schedule.--The Secretary shall establish a
process under which the parent of a child on whose behalf a
Military Education Savings Account is established may choose
a transfer schedule other than a transfer schedule determined
under paragraph (1).
(3) Expense reports.--
(A) Submission required.--Before receiving a transfer under
paragraph (1) or (2), the parent of an eligible military
dependent child on whose behalf a Military Education Savings
Account is established shall submit to the Secretary an
expense report demonstrating how funds from the most recent
transfer were expended.
(B) Format.--Each such expense report shall be submitted
using the standardized expense report form developed under
subsection (g)(1)(D).
(i) Rollover.--Amounts remaining in the Military Education
Savings Account of an eligible military dependent child at
the end of a school year shall remain available for use in
accordance with subsection (e) until the date on which such
account terminates under subsection (j).
(j) Termination and Return of Funds.--
(1) Termination.--The Military Education Savings Account of
an eligible military dependent child shall terminate on--
(A) the date on which the child enrolls in a public
elementary school or secondary school on a full-time basis;
(B) in the case of a child who is pursuing postsecondary
education, the earlier of--
(i) the date on which the child completes postsecondary
education; or
(ii) the date on which the child attains the age of 22
years;
(C) in the case of a child who is an individual with a
disability, the date on which the child attains the age of 26
years; or
(D) in the case of an individual not described in
subparagraphs (B) or (C), the earlier of--
(i) the date on which the child attains the age of 22
years; or
(ii) the expiration of any 2-year period during which funds
in the account are not used in accordance with this section.
(2) Return of funds.--Any funds remaining in a Military
Education Savings Account on the date such account terminates
under paragraph (1) shall be returned to the Treasury of the
United States and shall be used to carry out the program
under this section.
(k) Compulsory Attendance Requirements.--A State that
receives funds under this title shall consider a child with a
Military Education Savings Account for a school year as
meeting the State's compulsory school attendance requirements
for such school year.
(l) Special Rule.--In the case of a child with a Military
Education Savings Account who attends a public school on a
less than full-time basis in a school year--
(1) the child may not attend the public school free of
charge; and
(2) funds in the account, in an amount determined pursuant
to an agreement between the parent of the child and the local
educational agency concerned, shall be used to pay for the
child's costs of attendance at such school.
(m) Tax Treatment of Accounts.--
(1) In general.--A Military Education Savings Account is
exempt from taxation under subtitle A of the Internal Revenue
Code of 1986.
(2) Contributions and distributions.--For purposes of
subtitle A of the Internal Revenue Code of 1986--
(A) any contribution to a military education savings
account by the Secretary under this Act shall not be
includible in the gross income of the individual for whose
benefit such account is maintained or the parent of such
individual; and
(B) any distribution from a military education savings
account which is permitted under this Act shall not be
includible in the gross income of the individual for whose
benefit such account is maintained or the parent of such
individual.
(n) Fraud Prevention and Reporting.--The Secretary shall
establish a website and a telephone hotline that enable
individuals to anonymously report suspected fraud in the
program under this section. The Secretary also shall conduct
or contract for random, quarterly, or annual audits of
accounts as needed to ensure compliance with this section.
(o) Contract Authority.--The Secretary may enter into one
or more contracts for the purpose of carrying out the
responsibilities of the Secretary under this section.
(p) Refunds.--The Secretary shall establish a process under
which payments from a Military Education Savings Accounts to
a qualified educational service provider shall be refunded to
the account in the event of fraud or nonperformance by the
provider.
(q) Rules of Construction.--
(1) Nonagency.--A qualified educational service provider
that receives a payment from a Military Education Savings
Account pursuant to this section shall not be considered an
agent of the State or the Federal Government solely because
the provider received such payment.
(2) Federal or state supervision.--Nothing in this section
shall be construed to allow any agency of a State or the
Federal Government to exercise control or supervision over
any qualified educational service provider.
(3) Imposition of additional requirements.--No Federal
requirements shall apply to a qualified educational service
provider other than the requirements specifically set forth
in this section. Nothing in this section shall be construed
to require a qualified educational service provider to alter
its creed, practices, admissions policy, or curriculum in
order to be eligible to receive payments from a Military
Education Savings Account.
(4) Treatment of assistance.--For purposes of any Federal
law, assistance provided under this section shall be
considered assistance to the eligible military dependent
child or to the parents of a child on whose behalf a Military
Education Savings Account is established and shall not be
considered assistance to the qualified educational service
provider that uses or receives funds from a Military
Education Savings Account.
(r) Legal Proceedings.--
(1) Burden.--In any legal proceeding in which a qualified
educational service provider challenges a requirement imposed
by the Department of Education on the provider, the
Department shall have the burden of establishing that the
requirement is necessary and does not impose any undue burden
on the provider.
(2) Limitation on liability.--
(A) In general.--No liability shall arise on the part of an
entity described in subparagraph (B) solely because such
entity awards, uses, or receives funds from a Military
Education Savings Account.
(B) Entity described.--The entities described in this
subparagraph are the following:
(i) The Department of Education.
(ii) An entity that enters into a contract with the
Secretary pursuant to subsection (g) or subsection (o).
(iii) A qualified educational service provider.
(3) Intervention.--
[[Page S3855]]
(A) In general.--Except as provided in subparagraph (B), a
parent of an eligible military dependent child or a parent of
a child on whose behalf a Military Education Savings Account
is established may intervene in any legal proceeding in which
the constitutionality of the program under this section is
challenged under a State constitution or the United States
Constitution.
(B) Exception.--For purposes of judicial administration, a
court may--
(i) limit the number of parents allowed to intervene in a
proceeding under subparagraph (A); or
(ii) require all parents who have intervened in a
proceeding under subparagraph (A) to file a joint brief,
except that no parent shall be required to join any brief
filed on behalf of a State that is a defendant in the
proceeding.
(s) Administrative Expenses.--The Secretary may use not
more than 5 percent of the funds made available to carry out
this section for the direct costs of administering Military
Education Savings Accounts.
(t) Definitions.--In this section:
(1) The terms ``commissioned officer'', ``enlisted
member'', and ``warrant officer'' have the meanings given
those terms in section 101(b) of title 10, United States
Code.
(2) The term ``eligible military dependent child'' means a
child who--
(A) has a parent on active duty in the uniformed services
(as that term is defined in section 101 of title 37, United
States Code, except that such term does not include an
officer in the National Guard who has been activated); and
(B) in the case of a child seeking to establish a Military
Education Savings account for the first time, was enrolled in
a public elementary school or a public secondary school for
not less than 100 consecutive days in the preceding school
year.
(3) The term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) The term ``qualified educational service provider''
means an entity or person that is licensed by a State to
provide one or more of the educational services for which
funds may be expended under subsection (e), including--
(A) a private school;
(B) a non-public online learning program or course
provider;
(C) an institution of higher education, which may include a
community college or a technical college;
(D) a public school;
(E) a private tutor or entity that operates a tutoring
facility;
(F) a provider of educational materials or curriculum;
(G) a provider of education-related therapies or services;
or
(H) any other provider of educational services licensed by
a State to provide such services.
(u) Authorization of Appropriations.--For the purpose of
carrying out this section--
(1) there are authorized to be appropriated $1,200,000,000
for fiscal year 2020; and
(2) for each fiscal year beginning after fiscal year 2020,
the amount authorized to be appropriated shall be the amount
authorized to be appropriated for the previous fiscal year
increased by the percentage increase in the Chained Consumer
Price Index for All Urban Consumers (as published by the
Bureau of Labor Statistics of the Department of Labor) over
the period of such previous fiscal year.
______
SA 761. Mr. SASSE (for himself, Mr. King, Mr. Rounds, and Mrs.
Gillibrand) submitted an amendment intended to be proposed by him to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XVI, add the following:
SEC. ___. STUDY ON CYBEREXPLOITATION OF MEMBERS OF THE ARMED
FORCES AND THEIR FAMILIES.
(a) Study Required.--Not later than 150 days after the date
of the enactment of this Act, the Secretary of Defense shall
complete a study on the cyberexploitation of the personal
information and accounts of members of the Armed Forces and
their families.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) An assessment of the vulnerability of members of the
Armed Forces and their families to inappropriate access to
their personal information and accounts of such members and
their families, including identification of particularly
vulnerable subpopulations.
(2) Creation of a catalogue of past and current efforts by
foreign governments and non-state actors at the
cyberexploitation of the personal information and accounts of
members of the Armed Forces and their families, including an
assessment of the purposes of such efforts and their degrees
of success.
(3) An assessment of the actions taken by the Department of
Defense to educate members of the Armed Forces and their
families, including particularly vulnerable subpopulations,
about any actions that can be taken to otherwise reduce these
threats.
(4) Assessment of the potential for the cyberexploitation
of misappropriated images and videos as well as deep fakes.
(5) Development of recommendations for policy changes to
reduce the vulnerability of members of the Armed Forces and
their families to cyberexploitation, including
recommendations for legislative or administrative action.
(c) Report.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report on the findings of
the Secretary with respect to the study required by
subsection (a).
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``cyberexploitation'' means the use of digital
means to knowingly access, or conspire to access, without
authorization, an individual's personal information to be
employed (or to be used for) with malicious intent.
(2) The term ``deep fake'' means the digital insertion of a
person's likeness into or digital alteration of a person's
likeness in visual media, such as photographs and videos,
without the person's permission and with malicious intent.
______
SA 762. Mr. SASSE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. ASSESSMENT OF COLLABORATIVE INITIATIVES OF THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF
CHINA RELATING TO SCIENTIFIC AND TECHNICAL
COOPERATION.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report assessing
collaborative initiatives of the United States and the
People's Republic of China relating to scientific and
technical cooperation.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the nature of collaborative
initiatives described in subsection (a), including how such
initiatives are funded, who participates in such initiatives,
and the outcomes of such initiatives.
(2) A description of the licensing and regulatory regime
under which such initiatives occur.
(3) An assessment of whether the intellectual property
rights of United States researchers and entities
participating in such initiatives are being adequately
protected.
(4) An assessment of whether entities owned or controlled
by the government or the military of the People's Republic of
China are benefitting from research funded by United States
taxpayers.
(5) An assessment of whether any Chinese researchers
participating in such initiatives have ties to the government
or the military of the People's Republic of China.
(6) An assessment of whether any institutions of higher
education, laboratories, or other entities in the United
States participating in such initiatives have been subject to
cyber penetration originating in the People's Republic of
China.
(7) An evaluation the benefits of such initiatives for the
United States.
(8) An assessment of any redundancies among such
initiatives.
(9) Recommendations for improving such initiatives.
______
SA 763. Mr. SASSE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of section 1285, add the following:
``(9) Standards for appropriate information security and
counterintelligence protocols to apply to all Department of
Defense research and development funding provided to
institutions of higher education after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
______
SA 764. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the
following:
[[Page S3856]]
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2020''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into 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.
[[Page S3857]]
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.
[[Page S3858]]
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.
[[Page S3859]]
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-Protege 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.
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.
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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.
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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.
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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.
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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 budget exhibit 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.
[[Page S3864]]
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.
[[Page S3865]]
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.
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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.
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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.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
jointly submitted for printing in the Congressional Record by
the Chairmen of the House and Senate Budget Committees,
provided that such statement has been submitted prior to the
vote on passage in the House acting first on the conference
report or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Army Programs
SEC. 111. 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
[[Page S3868]]
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.
SEC. 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''.
Subtitle C--Navy Programs
SEC. 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.''.
SEC. 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.
SEC. 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:
``Sec. 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:
``Sec. 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.
SEC. 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.
SEC. 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.
[[Page S3869]]
(c) Repeal of Obsolete Authority.--Section 125 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2106) is repealed.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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).
Subtitle D--Air Force Programs
SEC. 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.
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.
(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).
SEC. 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.
SEC. 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
[[Page S3870]]
(iv) meet or require minimal addition to the environmental
requirements associated with the basing action.
(B) An analysis of the potential cost and benefits of
expanding aggressor squadrons currently operating 18 Primary
Assigned Aircraft (PAA) to a level of 24 PAA each.
(C) An analysis of the cost and timelines associated with
modernizing the current Air Force aggressor squadrons to
include upgrading aircraft radar, infrared search-and-track
systems, radar warning receiver, tactical datalink, threat-
representative jamming pods, and other upgrades necessary to
provide a realistic advanced adversary threat.
SEC. 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.
SEC. 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.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 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.
SEC. 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.
SEC. 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).
SEC. 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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. 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).
[[Page S3871]]
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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;
[[Page S3872]]
(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.
SEC. 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.''.
SEC. 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''.
SEC. 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.
SEC. 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:
[[Page S3873]]
(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.
Subtitle C--Reports and Other Matters
SEC. 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,
[[Page S3874]]
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.
SEC. 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.
SEC. 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
[[Page S3875]]
(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.
SEC. 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''.
SEC. 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.''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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,''.
SEC. 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.
SEC. 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.
SEC. 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--
[[Page S3876]]
(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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. USE OF OPERATIONAL ENERGY COST SAVINGS OF
DEPARTMENT OF DEFENSE.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c), as the case may be,'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``The Secretary of Defense'' and inserting
``Except as provided in subsection (c) with respect to
operational energy cost savings, the Secretary of Defense'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Operational Energy Cost Savings.--The amount
that remains available for obligation under subsection (a)
that relates to operational energy cost savings realized by
the Department shall be used for the implementation of
additional operational energy resilience, efficiencies,
mission assurance, energy conservation, or energy security
within the department, agency, or instrumentality that
realized that savings.''.
SEC. 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).
SEC. 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.
SEC. 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:
``Sec. 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
[[Page S3877]]
``(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.''.
SEC. 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.
SEC. 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).
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.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by striking ``2019 and
2020'' and inserting ``2019, 2020, and 2021''.
SEC. 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).
SEC. 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).''.
SEC. 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
[[Page S3878]]
other component or element of the Department.
(c) Extreme Weather Defined.--In this section, the term
``extreme weather'' means recurrent flooding, drought,
desertification, wildfires, and thawing permafrost.
SEC. 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.
SEC. 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.
SEC. 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:
``Sec. 2926. Operational energy''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 173 of such title is amended by striking
the item relating to section 2926 and inserting the following
new item:
``2926. Operational energy.''.
Subtitle C--Logistics and Sustainment
SEC. 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.
SEC. 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.''.
Subtitle D--Reports
SEC. 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;
[[Page S3879]]
(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.
Subtitle E--Other Matters
SEC. 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.
SEC. 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.
SEC. 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.''.
SEC. 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)--
[[Page S3880]]
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption''; and
(B) by striking ``adoption'' each place it appears and
inserting ``transfer or adoption'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption''; and
(B) in the first sentence, by striking ``adoption'' and
inserting ``transfer or adoption''; and
(C) in the second sentence, striking ``adoptability'' and
inserting ``transferability or adoptability'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``transfer or'' before ``adoption''; and
(ii) by inserting ``, by'' after ``recommended priority'';
(B) in subparagraphs (A) and (B), by inserting ``adoption''
before ``by'';
(C) in subparagraph (B), by inserting ``or organizations''
after ``persons''; and
(D) in subparagraph (C), by striking ``by'' and inserting
``transfer to''; and
(4) in subsection (e)--
(A) in the subsection heading, by inserting ``or
Adopted''after ``Transferred'';
(B) in paragraphs (1) and (2), by striking ``transferred''
each place it appears and inserting ``transferred or
adopted''; and
(C) in paragraph (2), by striking ``transfer'' each place
it appears and inserting ``transfer or adoption''.
(b) Veterinary Screening and Care for Military Working Dogs
to Be Retired.--Such section is further amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Veterinary Screening and Care for Military Working
Dogs To Be Retired.--(1)(A) If the Secretary of the military
department concerned determines that a military working dog
should be retired, such Secretary shall transport the dog to
the Veterinary Treatment Facility at Lackland Air Force Base,
Texas.
``(B) In the case of a contract working dog to be retired,
transportation required by subparagraph (A) is satisfied by
the transfer of the dog to the 341st Training Squadron at the
end of the dog's service life as required by section 2410r of
this title and assignment of the dog to the Veterinary
Treatment Facility referred to in that subparagraph.
``(2)(A) The Secretary of Defense shall ensure that each
dog transported as described in paragraph (1) to the
Veterinary Treatment Facility referred to in that paragraph
is provided with a full veterinary screening, and necessary
veterinary care (including surgery for any mental, dental, or
stress-related illness), before transportation of the dog in
accordance with subsection (g).
``(B) For purposes of this paragraph, stress-related
illness includes illness in connection with post-traumatic
stress, anxiety that manifests in a physical ailment,
obsessive compulsive behavior, and any other stress-related
ailment.
``(3) Transportation is not required under paragraph (1),
and screening and care is not required under paragraph (2),
for a military working dog located outside the United States
if the Secretary of the military department concerned
determines that transportation of the dog to the United
States would not be in the best interests of the dog for
medical reasons.''.
(c) Coordination of Screening and Care Requirements With
Transportation Requirements.--Subsection (g) of such section,
as redesignated by subsection (b)(1) of this section, is
amended to read as follows:
``(g) Transportation of Retiring Military Working Dogs.--
Upon completion of veterinary screening and care for a
military working dog to be retired pursuant to subsection
(f), the Secretary of the military department concerned
shall--
``(1) if the dog was at a location outside the United
States immediately prior to transportation for such screening
and care and a United States citizen or member of the armed
forces living abroad agrees to adopt the dog, transport the
dog to such location for adoption; or
``(2) for any other dog, transport the dog--
``(A) to the 341st Training Squadron;
``(B) to another location within the United States for
transfer or adoption under this section.''.
(d) Preservation of Policy on Transfer of Military Working
Dogs to Law Enforcement Agencies.--Subsection (h) of such
section, as so redesignated, is amended in paragraph (3) by
striking ``adoption of military working dogs'' and all that
follows through the period at the end and inserting
``transfer of military working dogs to law enforcement
agencies before the end of the dogs' useful working lives.''.
(e) Clarification of Horses Treatable as Military
Animals.--Subsection (i) of such section, as so redesignated,
is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) An equid (horse, mule, or donkey) owned by the
Department of Defense.''.
(f) Contract Term for Contract Working Dogs.--Section
2410r(a) of title 10, United States Code, is amended--
(1) by inserting ``, and shall contain a contract term,''
after ``shall require'';
(2) by inserting ``and assigned for veterinary screening
and care in accordance with section 2583 of this title''
after ``341st Training Squadron''; and
(3) by striking ``section 2583 of this title'' and
inserting ``such section''.
SEC. 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.
SEC. 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.
SEC. 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''.
SEC. 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.
SEC. 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''.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
[[Page S3881]]
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2020, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) In General.--The 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.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2020, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON
ACTIVE DUTY.
(a) Officers.--Section 12011(a)(1) of title 10, United
States Code, is amended by striking that part of the table
pertaining to the Marine Corps Reserve and inserting the
following:
``Marine Corps Reserve:
2,400........................................... 143 105 34
2,500........................................... 149 109 35
2,600........................................... 155 113 36
2,700........................................... 161 118 37
2,800........................................... 167 122 39
2,900........................................... 173 126 41
3,000........................................... 179 130 42''.
(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:
2,400................................................... 106 24
2,500................................................... 112 25
2,600................................................... 116 26
2,700................................................... 121 27
2,800................................................... 125 28
2,900................................................... 130 29
3,000................................................... 134 30''.
(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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2020 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. 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.''.
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.
(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
[[Page S3882]]
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.''.
SEC. 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.
SEC. 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.
SEC. 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''.
SEC. 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.
SEC. 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.
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.
Section 1113 of the Army National Guard Combat Readiness
Reform Act of 1992 (10 U.S.C. 10105 note) is repealed.
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.
(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).
SEC. 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)''.
SEC. 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--
[[Page S3883]]
(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.
SEC. 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.''.
SEC. 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.
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.
(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.
SEC. 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.--
[[Page S3884]]
(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).
SEC. 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.
[[Page S3885]]
SEC. 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).
SEC. 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.
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.
Under regulations prescribed by the Secretary of Defense,
upon a determination not to refer a case of alleged sexual
assault for trial by court-martial under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), the commander making such determination shall
periodically notify the victim of the status of a final
determination on further action on such case, whether non-
judicial punishment under section 815 of such title (article
15 of the Uniform Code of Military Justice), other
administrative action, or no further action. Such
notifications shall continue not less frequently than monthly
until such final determination.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
[[Page S3886]]
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.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report making
findings and recommendations on the feasibility and
advisability of a policy for the Department of Defense that
would permit a victim of a sexual assault, that is or may be
investigated as a result of a communication described in
subsection (b), which victim is a member of the Armed Forces
or an adult dependent of a member of the Armed Forces, to
have the reporting on the sexual assault be treated as a
restricted report without regard to the party initiating or
receiving such communication.
(b) Communications.--A communication described in this
subsection is a communication reporting a sexual assault as
follows:
(1) By the victim to a member of the Armed Forces, whether
a commissioned officer or a noncommissioned officer, in the
chain of command of the victim or the victim's military
sponsor.
(2) By the victim to military law enforcement personnel or
personnel of a military criminal investigative organization
(MCIO).
(3) By any individual other than victim.
(c) Scope of Findings and Recommendations.--The report
required by subsection (a) may include recommendations for
new provisions of statute or regulations, or modification of
current statute or regulations, that may be required to put
into effect the findings and recommendations described in
subsection (a).
(d) Consultation.--In preparing the report required by
subsection (a), the Secretary shall consult with the Defense
Advisory Committee on Investigation, Prosecution, and Defense
of Sexual Assault in the Armed Forces (DAC-IPAD) under
section 546 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10
U.S.C. 1561 note).
SEC. 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).''.
SEC. 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''.
SEC. 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.
SEC. 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
[[Page S3887]]
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.
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.
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.
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.
(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.
PART II--SPECIAL VICTIMS' COUNSEL MATTERS
SEC. 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:
``Sec. 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.''.
SEC. 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
[[Page S3888]]
``(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.
SEC. 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.
SEC. 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.
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.
(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.
SEC. 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''.
SEC. 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,''.
SEC. 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''.
SEC. 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.''.
[[Page S3889]]
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.
(a) Boards for Correction of Military Records.--The
curriculum of training for members of boards for the
correction of military records under section 534(c) of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 1552 note) shall include training on each of the
following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
(b) Discharge Review Boards.--
(1) In general.--Each Secretary concerned shall develop and
provide training for members of discharge review boards under
section 1553 of title 10, United States Code, that are under
the jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) Uniformity of training.--The Secretary of Defense and
the Secretary of Homeland Security shall jointly ensure that
the training developed and provided pursuant to this
subsection is, to the extent practicable, uniform.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term
in section 101(a)(9) of title 10, United States Code.
SEC. 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.
SEC. 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.
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.
(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:
``Sec. 830a. Art 30a. Proceedings conducted before
referral''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by striking the item relating to section 830a
(article 30a) and inserting the following new item:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 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:
[[Page S3890]]
(1) A civilian protective order against a member of the
Armed Forces assigned to the installation concerned.
(2) A civilian protective order against a civilian employee
employed at the installation concerned.
(3) A civilian protective order against the civilian spouse
or intimate partner of a member of the Armed Forces on active
duty and assigned to the installation concerned, or of a
civilian employee described in paragraph (2), which order
provides for the protection of such member or employee.
(c) Particular Elements.--The policies and procedures
required by subsection (a) shall include the following:
(1) A requirement for notice between and among the
commander, military law enforcement elements, and military
criminal investigative elements of an installation when a
member of the Armed Forces assigned to such installation, a
civilian employee employed at such installation, a civilian
spouse or intimate partner of a member assigned to such
installation, or a civilian spouse or intimate partner of a
civilian employee employed at such installation becomes
subject to a civilian protective order.
(2) A statement of policy that failure to register a
civilian protective order may not be a justification for the
lack of enforcement of such order by military law enforcement
and other applicable personnel who have knowledge of such
order.
(d) Letter.--As soon as practicable after establishing the
policies and procedures required by subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a letter that
includes the following:
(1) A detailed description of the policies and procedures.
(2) A certification by the Secretary that the policies and
procedures have been implemented on each military
installation.
SEC. 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.
SEC. 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:
``Sec. 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.''.
SEC. 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.
SEC. 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
[[Page S3891]]
of Representatives a report on the pilot programs under
subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including the
personnel and activities of defense investigators under such
pilot program.
(B) An assessment of the feasibility and advisability of
establishing and maintaining defense investigators as an
element of the military justice systems of the military
departments.
(C) If the assessment under subparagraph (B) is that the
establishment and maintenance of defense investigators as an
element of the military justice systems of the military
departments is feasible and advisable, such recommendations
for legislative and administrative action as the Secretary of
Defense considers appropriate to establish and maintain
defense investigators as an element of the military justice
systems.
(D) Any other matters the Secretary of Defense considers
appropriate.
SEC. 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.
SEC. 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).
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.
(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.
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.
(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.
SEC. 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'';
[[Page S3892]]
(3) in subsection (c)--
(A) in the first sentence, by inserting ``and enlisted
members'' after ``Officers''; and
(B) in the second sentence, by inserting ``or enlisted
member'' after ``officer'' each place it appears;
(4) in subsection (d), by inserting ``and enlistment
members'' after ``officers'';
(5) in subsection (e), by inserting ``or enlistment
member'' after ``officer''; and
(6) in subsection (f), by inserting ``or enlisted member''
after ``officer''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2004. Detail as students at law schools; commissioned
officers; certain enlisted members''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by striking
the item relating to section 2004 and inserting the following
new item:
``2004. Detail as students at law schools; commissioned officers;
certain enlisted members.''.
SEC. 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, discharge, or release from the Armed Forces is
transmitted to one or more State veterans agencies, as
elected by such individuals, to provide or connect veterans
to benefits or services as follows:
(1) Assistance in preparation of resumes.
(2) Training for employment interviews.
(3) Employment recruitment training.
(4) Other services leading directly to a successful
transition from military life to civilian life.
(5) Healthcare, including care for mental health.
(6) Transportation or transportation-related services.
(7) Housing.
(8) Such other benefits or services as the Secretaries
jointly consider appropriate for purposes of this section.
(b) Information Transmitted.--The information transmitted
on individuals as described in subsection (a) shall be such
information on Form DD-2648 as the Secretaries jointly
consider appropriate to facilitate community-based
organizations and related entities in providing or connecting
such individuals to benefits and services as described in
subsection (a).
(c) Modification of Form DD-2648.--The Secretary of Defense
shall make such modifications to Form DD-2648 as the
Secretary considers appropriate to allow an individual
filling out the form to indicate an email address at which
the individual may be contacted to receive or be connected to
benefits or services described in subsection (a).
(d) Voluntary Participation.--Information on an individual
may be transmitted to and through a State veterans agency as
described in subsection (a) only with the consent of the
individual. In giving such consent, an individual shall
specify the following:
(1) The State veterans agency or agencies elected by the
individual to transmit such information as described in
subsection (a).
(2) The benefits and services for which contact information
shall be so transmitted.
(3) Such other information on the individual as the
individual considers appropriate in connection with the
transmittal.
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.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2020 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$40,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 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.
SEC. 573. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES
ARMY GARRISON-KWAJALEIN ATOLL.
(a) Program Authorized.--The Secretary of the Army may
conduct an assistance program to educate up to five local
national students per grade, per academic year, on a space-
available basis at the contractor-operated schools on United
States Army GarrisonUKwajalein Atoll. The program shall be
known as the ``Ri'katak Guest Student Program''.
(b) Student Assistance.--Assistance that may be provided to
students participating in the program carried out pursuant to
subsection (a) includes the following:
(1) Classroom instruction.
(2) Extracurricular activities.
(3) Student meals.
(4) Transportation.
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.
Section 476(p)(4) of title 37, United States Code, is
amended by striking ``December 31, 2022'' and inserting
``December 31, 2024''.
SEC. 577. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR
MILITARY SPOUSES THROUGH INTERSTATE COMPACTS.
Section 1784 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Improvement of Occupational License Portability
Through Interstate Compacts.--
``(1) In general.--The Secretary of Defense shall seek to
enter into a cooperative agreement with the Council of State
Governments to assist with funding of the development of
interstate compacts on licensed occupations in order to
alleviate the burden associated with relicensing in such an
occupation by spouse of a member of the armed forces in
connection with a permanent change of duty station of members
to another State.
``(2) Limitation on assistance per compact.--The amount
provided under paragraph (1) as assistance for the
development of any particular interstate compact may not
exceed $1,000,000.
``(3) Limitation on total amount of assistance.--The total
amount of assistance provided under paragraph (1) in any
fiscal year may not exceed $4,000,000.
``(4) Annual report.--Not later than February 28 each year,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on interstate compacts described in paragraph (1)
developed through assistance provided under that paragraph.
Each report shall set forth the following:
``(A) Any interstate compact developed during the preceding
calendar year, including the occupational licenses covered by
such compact and the States agreeing to enter into such
compact.
``(B) Any interstate compact developed during a prior
calendar year into which one or more additional States agreed
to enter during the preceding calendar year.
``(5) Expiration.--The authority to enter into a
cooperative agreement under paragraph (1), and to provide
assistance described in that paragraph pursuant to such
cooperative agreement, shall expire on September 30, 2024.''.
SEC. 578. MODIFICATION OF RESPONSIBILITY OF THE OFFICE OF
SPECIAL NEEDS FOR INDIVIDUALIZED SERVICE PLANS
FOR MEMBERS OF MILITARY FAMILIES WITH SPECIAL
NEEDS.
Subparagraph (F) of section 1781c(d)(4) of title 10, United
States Code, is amended to read as follows:
``(F) Requirements regarding the development of an
individualized services plan for each military family member
with special needs when requested in connection with the
completion of a family needs assessment for the military
family concerned.''.
SEC. 579. CLARIFYING TECHNICAL AMENDMENT ON DIRECT HIRE
AUTHORITY FOR THE DEPARTMENT OF DEFENSE FOR
CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT
CHILD DEVELOPMENT CENTERS.
Section 559(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1406; 10
U.S.C. 1792 note) is amended by inserting ``(including family
childcare coordinator services and school age childcare
coordinator services)'' after ``childcare services''.
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.
(a) Pilot Program Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act,
[[Page S3893]]
the Secretary of Defense shall seek to enter into an
agreement with the American Red Cross to carry out a pilot
program under which the American Red Cross--
(A) encourages a member of the Armed Forces, upon the
enlistment or appointment of such member, to designate up to
10 persons to whom information regarding the military service
of such member shall be disseminated using contact
information obtained under paragraph (6); and
(B) provides such persons, within 30 days after the date on
which such persons are designated under subparagraph (A), the
option to elect to receive such information regarding
military service.
(2) Dissemination.--The Secretary shall disseminate
information described in paragraph (1)(A) under the pilot
program on a regular basis.
(3) Types of information.--The types of information to be
disseminated under the pilot program to persons who elect to
receive such information shall include information
regarding--
(A) aspects of daily life and routine experienced by
members of the Armed Forces;
(B) the challenges and stresses of military service,
particularly during and after deployment as part of a
contingency operation;
(C) the services available to members of the Armed Forces
and the dependents of such members to cope with the
experiences and challenges of military service;
(D) benefits administered by the Department of Defense for
members of the Armed Forces and the dependents of such
members;
(E) a toll-free telephone number through which such persons
who elect to receive information under the pilot program may
request information regarding the program; and
(F) such other information as the Secretary determines to
be appropriate.
(4) Privacy of information.--In carrying out the pilot
program, the Secretary may not disseminate information under
paragraph (3) in violation of laws and regulations pertaining
to the privacy of members of the Armed Forces, including
requirements pursuant to--
(A) section 552a of title 5, United States Code; and
(B) the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(5) Notice and modifications.--In carrying out the pilot
program, the Secretary shall, with respect to a member of the
Armed Forces--
(A) ensure that such member is notified of the ability to
modify designations made by such member under paragraph
(1)(B); and
(B) upon the request of a member, authorize such member to
modify such designations at any time.
(6) Contact information.--In making a designation under the
pilot program, a member of the Armed Forces shall provide
necessary contact information, specifically including an
email address, to facilitate the dissemination of information
regarding the military service of the member.
(7) Opt-in and opt-out of program.--
(A) Opt-in by members.--A member may participate in the
pilot program only if the member voluntarily elects to
participate in the program. A member seeking to make such an
election shall make such election in a manner, and by
including such information, as the Secretary and the Red
Cross shall jointly specify for purposes of the pilot
program.
(B) Opt-in by designated recipients.--A person designated
pursuant to paragraph (1)(A) may receive information under
the pilot program only if the person makes the election
described in paragraph(1)(B).
(C) Opt-out.--In carrying out the pilot program, the
Secretary shall, with respect to a person who has elected to
receive information under such pilot program, cease
disseminating such information to that person upon request of
such person.
(b) Survey and Report on Pilot Program.--
(1) Survey.--Not later than two years after the date on
which the pilot program commences, the Secretary, in
consultation with the American Red Cross, shall administer a
survey to persons who elected to receive information under
the pilot program for the purpose of receiving feedback
regarding the quality of information disseminated under this
section, including whether such information appropriately
reflects the military career progression of members of the
Armed Forces.
(2) Report.--Not later than three years after the date on
which the pilot program commences, the Secretary shall submit
to the congressional defense committees a final report on the
pilot program which includes--
(A) the results of the survey administered under paragraph
(1);
(B) a determination as to whether the pilot program should
be made permanent; and
(C) recommendations as to modifications necessary to
improve the program if made permanent.
(c) Termination of Pilot Program.--The pilot program shall
terminate upon submission of the report required by
subsection (b)(2).
SEC. 581. BRIEFING ON USE OF FAMILY ADVOCACY PROGRAMS TO
ADDRESS DOMESTIC VIOLENCE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the
Committees on Armed Services of the Senate and the House of
Representatives a briefing on various mechanisms by which the
Family Advocacy Programs (FAPs) of the military departments
may be used and enhanced in order to end domestic violence
among members of the Armed Forces and support survivors of
such violence and their dependents.
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.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 3744 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 3741 of such title to John J. Duffy for the acts of
valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of John J. Duffy on April
14 and 15, 1972, in Vietnam for which he was previously
awarded the Distinguished-Service Cross.
SEC. 586. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT
FOR AWARD OF MILITARY DECORATIONS.
(a) Honorable Service Requirement.--
(1) In general.--Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section
``Sec. 1136. Honorable service requirement for award of
military decorations
``No military decoration, including a medal, cross, or bar,
or an associated emblem or insignia, may be awarded or
presented to any person, or to a representative of the
person, if the service of the person after the person
distinguished himself or herself has not been honorable.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 57 of such title is amended by adding at
the end the following:
``1136. Honorable service requirement for award of military
decorations.''.
(b) Conforming Amendments.--Title 10, United States Code,
is further amended as follows:
(1) In section 7274--
(A) in subsection (b) in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsection (c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(2)(A) Section 8299 is repealed.
(B) The table of sections at the beginning of chapter 837
is amended by striking the item relating to section 8299.
(3) In section 9274--
(A) in subsection (b) in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsection (c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(4) In section 9279, by striking subsection (c).
SEC. 587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT
PREVIOUSLY RECOMMENDED IN A TIMELY FASHION
FOLLOWING A REVIEW REQUESTED BY CONGRESS.
(a) Authority To Award or Present.--Section 1130 of title
10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) A decoration may be awarded or presented following
the submittal of a recommendation under subsection (b)
approving the award or presentation.
``(2) The authority to make an award or presentation under
this subsection shall apply notwithstanding any limitation
described in subsection (a).''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1130. Consideration of proposals for decorations not
previously submitted in timely fashion: procedures for
review and award or presentation''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 57 of such title is amended by striking
the item relating to section 1130 and inserting the following
new item:
``1130. Consideration of proposals for decorations not previously
submitted in timely fashion: procedures for review and
award or presentation.''.
SEC. 588. AUTHORITY TO MAKE POSTHUMOUS AND HONORARY
PROMOTIONS AND APPOINTMENTS FOLLOWING A REVIEW
REQUESTED BY CONGRESS.
(a) Authority To Make.--Section 1563 of title 10, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Authority To Make.--(1) Under regulations prescribed
by the Secretary of Defense, a posthumous or honorary
promotion or appointment may be made following the submittal
of a determination under subsection (b) if the determination
is to approve the making of such promotion of appointment.
``(2) The authority to make a promotion or appointment
under this subsection shall apply notwithstanding that such
promotion
[[Page S3894]]
or appointment is not otherwise authorized by law.
``(d) Additional Benefits Not To Accrue.--The promotion or
appointment of individual pursuant to subsection (c) shall
not affect the retired pay or other benefits from the United
States to which the individual would have been entitled based
upon the individual's military service, if any, or affect any
benefits to which any other person may become entitled based
on the individual's military service, if any.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 1563. Consideration of proposals for posthumous and
honorary promotions and appointments: procedures for review
and promotion or appointment''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 80 of such title is amended by striking
the item relating to section 1563 and inserting the following
new item:
``1563. Consideration of proposals for posthumous and honorary
promotions and appointments: procedures for review and
promotion or appointment.''.
Subtitle H--Other Matters
SEC. 591. MILITARY FUNERAL HONORS MATTERS.
(a) Full Military Honors Ceremony for Certain Veterans.--
Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following:
``(3) The Secretary concerned shall provide full military
honors (as determined by the Secretary concerned) for the
funeral of a veteran who--
``(A) is first interred or first inurned in Arlington
National Cemetery on or after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020;
``(B) was awarded the medal of honor or the prisoner-of-war
medal; and
``(C) is not entitled to full military honors by the grade
of that veteran.''.
(b) Full Military Funeral Honors for Veterans at Military
Installations.--
(1) Installation plans for honors required.--The commander
of each military installation at or through which a funeral
honors detail for a veteran is provided pursuant to section
1491 of title 10, United States Code (as amended by
subsection (a)), shall maintain and carry out a plan for the
provision, upon request, of full military funeral honors at
funerals of veterans for whom a funeral honors detail is
authorized in that section.
(2) Elements.--Each plan of an installation under paragraph
(1) shall include the following:
(A) Mechanisms to ensure compliance with the requirements
applicable to the composition of funeral honors details in
section 1491(b) of title 10, United States Code (as so
amended).
(B) Mechanisms to ensure compliance with the requirements
for ceremonies for funerals in section 1491(c) of such title.
(C) In addition to the ceremonies required pursuant to
subparagraph (B), the provision of a gun salute for each
funeral by appropriate personnel, including personnel of the
installation, members of the reserve components of the Armed
Forces residing in the vicinity of the installation who are
ordered to funeral honors duty, and members of veterans
organizations or other organizations referred to in section
1491(b)(2) of such title.
(D) Mechanisms for the provision of support authorized by
section 1491(d) of such title.
(E) Such other mechanisms and activities as the Secretary
concerned considers appropriate in order to assure that full
military funeral honors are provided upon request at funerals
of veterans.
(3) Definitions.--In this subsection:
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States
Code.
(B) The term ``veteran'' has the meaning given that term in
section 1491(h) of title 10, United States Code.
SEC. 592. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Each public secondary educational institution that
maintains a unit under this section shall permit membership
in the unit to homeschooled students residing in the area
served by the institution who are qualified for membership in
the unit (but for lack of enrollment in the institution).
``(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the
institution concerned of the requirement in subsection (b)(1)
relating to the minimum number of student members in the unit
necessary for the continuing maintenance of the unit.''.
SEC. 593. SENSE OF SENATE ON THE JUNIOR RESERVE OFFICERS'
TRAINING CORPS.
It is the sense of the Senate that--
(1) the Junior Reserve Officers' Training Corps (JROTC) is
a valuable program that instill the values of citizenship,
service to the community, personal responsibility and a sense
of accomplishment in high school students;
(2) the Junior Reserve Officers' Training Corps is
supported by all the Armed Forces, and there are Junior
Reserve Officers' Training Corps units in all 50 States, 4
United States territories, and the District of Columbia;
(3) the Junior Reserve Officers' Training Corps
consistently improves student outcomes across a wide variety
of academic and nonacademic data points, including grade
point average, high school graduation and college acceptance
rates, standardized test scores, drop-out rates, discipline
problems, and leadership skills;
(4) the Department of Defense should view the Junior
Reserve Officers' Training Corps as a unique program to help
close the divide between the military and the greater
civilian community in the United States;
(5) given the increased funding and more flexible policy
authorized in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
the Department should take every possible action to increase
the number of Junior Reserve Officers' Training Corps units
at schools around the United States; and
(6) the desired number of Junior Reserve Officers' Training
Corps units should be at least 3,700 in order to relieve a
significant backlog in requests to establish such units.
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.
Section 1059(m) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``Members or''
after ``Dependents of'';
(2) by inserting ``member or'' before ``former member''
each place it appears;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) For purposes of the provision of benefits under this
section pursuant to this subsection, a member shall be
considered separated from active duty upon the earliest of--
``(A) the date an administrative separation is initiated by
a commander of the member;
``(B) the date the court-martial sentence is adjudged if
the sentence, as adjudged, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay
and allowances; or
``(C) the date the member's term of service expires.''.
Subtitle B--Bonuses and Special and Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating To Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2019''
and inserting ``December 31, 2020''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2019''
and inserting ``December 31, 2020'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2020''.
Subtitle C--Travel and Transportation Allowances
SEC. 621. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING
PROGRAM.
Section 914(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (5 U.S.C. 5911 note) is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
[[Page S3895]]
SEC. 622. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF
DEFENSE.
(a) Refunds for Official Travel.--Subchapter I of chapter 8
of title 37, United States Code, is amended by adding at the
end the following new section:
``Sec. 456. Managed travel program refunds
``(a) Credit of Refunds.--The Secretary of Defense may
credit refunds attributable to Department of Defense managed
travel programs as a direct result of official travel to such
operation and maintenance or research, development, test, and
evaluation accounts of the Department as designated by the
Secretary that are available for obligation for the fiscal
year in which the refund or amount is collected.
``(b) Use of Refunds.--Refunds credited under subsection
(a) may only be used for official travel or operations and
efficiency improvements for improved financial management of
official travel.
``(c) Definitions.--In this section:
``(1) Managed travel program.--The term `managed travel
program' includes air, rental car, train, bus, dining,
lodging, and travel management, but does not include rebates
or refunds attributable to the use of the Government travel
card, the Government Purchase Card, or Government travel
arranged by Government Contracted Travel Management Centers.
``(2) Refund.--The term `refund' includes miscellaneous
receipts credited to the Department identified as a refund,
rebate, repayment, or other similar amounts collected.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 8 of such title is amended by inserting
after the item relating to section 455 the following new
item:
``456. Managed travel program refunds.''.
(c) Clarification on Retention of Travel Promotional
Items.--Section 1116(a) of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107; 5 U.S.C. 5702
note) is amended--
(1) by striking ``Definition.--In this section, the term''
and inserting the following: ``Definitions.--In this section:
``(1) The term''; and
(2) by adding at the end the following new paragraph:
``(2) The term `general public' includes the Federal
Government or an agency.''.
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.
(a) Determination of Contributions Generally.--Section
1465(c) of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``single level
percentage of basic pay for active duty (other than the Coast
Guard) and for full-time National Guard duty'' and inserting
``percentage of basic pay for each armed force (other than
the Coast Guard) and for any full-time National Guard duty'';
(B) in subparagraph (B)--
(i) by striking ``single level''; and
(ii) by striking ``members of the Selected Reserve of the
armed forces (other than the Coast Guard)'' and inserting
``each armed force (other than the Coast Guard) for members
of the Selected Reserve''; and
(C) in the flush matter following subparagraph (B), by
striking ``single level''; and
(2) in paragraph (4)--
(A) by striking ``a single level percentage determined''
both places it appears and inserting ``percentages''; and
(B) in the flush matter following subparagraph (B), by
striking ``single level''.
(b) Conforming Amendments.--
(1) Determination of contributions.--Section 1465(b) of
title 10, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``product'' and inserting ``aggregate of the products'';
(II) in clause (i), by striking ``single level percentage
of basic pay'' and inserting ``percentage of basic pay for
each armed force (other than the Coast Guard)''; and
(III) in clause (ii), by striking ``for active duty (other
than the Coast Guard) and for full-time National Guard duty''
and inserting ``for such armed force for active duty and for
any full-time National Guard duty''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``product'' and inserting ``aggregate of the products'';
(II) in clause (i), by striking ``single level percentage
of basic pay and of compensation (paid pursuant to section
206 of title 37)'' and inserting ``percentage of basic pay
and of compensation (paid pursuant to section 206 of title
37) for each armed force (other than the Coast Guard)''; and
(III) in clause (ii), by striking ``the armed forces (other
than the Coast Guard)'' and inserting ``such armed force'';
and
(B) in paragraph (3), by striking ``single level''.
(2) Payments of contributions.--Section 1466(a) of such
title is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``product'' and inserting ``aggregate of the products'';
(ii) in subparagraph (A), by striking ``level percentage of
basic pay'' and inserting ``percentage of basic pay for each
armed force (other than the Coast Guard)''; and
(iii) in subparagraph (B), by striking ``for active duty
(other than for the Coast Guard) and for full-time National
Guard duty'' and inserting ``for such armed force for active
duty and for any full-time National Guard duty''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``product'' and inserting ``aggregate of the products'';
(ii) in subparagraph (A), by striking ``level percentage of
basic pay and of compensation (paid pursuant to section 206
of title 37)'' and inserting ``percentage of basic pay and of
compensation (paid pursuant to section 206 of title 37) for
each armed force (other than the Coast Guard)''; and
(iii) in subparagraph (B), by striking ``the armed forces
(other than the Coast Guard)'' and inserting ``such armed
force''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2019, and shall apply with
respect to determinations of contributions to the Department
of Defense Military Retirement Fund, and payments into the
Fund, beginning with fiscal year 2021.
SEC. 632. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND
REPLACEMENT OF GOLD STAR LAPEL BUTTONS.
(a) Expansion of Authority To Determine Next of Kin for
Issuance.--Section 1126 of title 10, United States Code, is
amended--
(1) in subsection (a), by striking ``widows, parents, and''
in the matter preceding paragraph (1);
(2) in subsection (b), by striking ``the widow and to each
parent and'' and inserting ``each''; and
(3) in subsection (d)--
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following new paragraph (1):
``(1) The term `next of kin' means individuals standing in
such relationship to members of the armed forces described in
subsection (a) as the Secretaries concerned shall jointly
specify in regulations for purposes of this section.''; and
(B) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (2), (3), (4), and (5), respectively.
(b) Replacement.--Subsection (c) of such section is amended
by striking ``and payment'' and all that follows and
inserting ``and without cost.''.
Subtitle E--Commissary and Non-Appropriated Fund Instrumentality
Benefits and Operations
SEC. 641. DEFENSE RESALE SYSTEM MATTERS.
(a) In General.--The Under Secretary of Defense for
Personnel and Readiness shall, in coordination with the Chief
Management Officer of the Department of Defense, maintain
oversight of business transformation efforts of the defense
commissary system and the exchange store system in order to
ensure the following:
(1) Development of an intercomponent business strategy that
maximizes efficiencies and results in a viable defense resale
system in the future.
(2) Preservation of patron savings and satisfaction from
and in the defense commissary system and exchange stores
system.
(3) Sustainment of financial support of the defense
commissary and exchange systems for morale, welfare, and
recreation (MWR) services of the Armed Forces.
(b) Executive Resale Board Advice on Operations of
Systems.--The Executive Resale Board of the Department of
Defense shall advise the Under Secretary on the
implementation of sustainable, complementary operations of
the defense commissary system and the exchange stores system.
(c) Practices and Services.--
(1) In general.--The Secretary of Defense shall, acting
through the Under Secretary and with advice from the
Executive Resale Board, require the Defense Commissary Agency
and the Military Exchange Service to identify and implement
practices and services described in paragraph (2) across the
defense resale system.
(2) Practices and services.--Practices and services
described in this paragraph shall include the following:
(A) Best commercial business practices.
(B) Shared-services systems that increase efficiencies
across the defense resale system, including in transportation
of goods, application-based marketing initiatives and other
mobile electronic-commerce programs, facilities construction,
back-office information technology systems, human resource
management, legal services, financial services, and
advertising.
(C) Integration of services provided by the exchange stores
system within commissary system facilities, as appropriate,
including services such as dry cleaning, health and wellness
activities, pharmacies, urgent care centers, food, and other
retail services.
(d) Information Technology Modernization.--The Secretary
shall, acting through the Under Secretary and with advice
from the Executive Resale Board, require the Defense
Commissary Agency and the Military Exchange Service to do as
follows:
(1) Field new technologies and best business practices for
information technology for the defense resale system.
(2) Implement cutting-edge marketing opportunities across
the defense resale system.
(e) Inclusion of Advertising in Operating Expenses of
Commissary Stores.--Section
[[Page S3896]]
2483(b) of title 10, United States Code, is amended by adding
at the end the following paragraph:
``(7) Advertising of commissary sales on materials
available within commissary stores and at other on-base
locations.''.
SEC. 642. TREATMENT OF FEES ON SERVICES PROVIDED AS
SUPPLEMENTAL FUNDS FOR COMMISSARY OPERATIONS.
Section 2483(c) of title 10, United States Code, is amended
by inserting ``fees on services provided,'' after ``handling
fees for tobacco products,''.
SEC. 643. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY
SOURCED PRODUCTS.
The Secretary of Defense shall ensure that the dairy
products and fruits and vegetables procured for commissary
stores under the defense commissary system are, to the extent
practicable, locally sourced in order to ensure the
availability of the freshest possible dairy products and
fruits and vegetables for patrons of the stores.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE
PROGRAM.
(a) In General.--Section 1074d(b)(3) of title 10, United
States Code, is amended by inserting before the period at the
end the following: ``(including all methods of contraception
approved by the Food and Drug Administration, contraceptive
care (including with respect to insertion, removal, and
follow up), sterilization procedures, and patient education
and counseling in connection therewith)''.
(b) Prohibition on Cost-sharing for Certain Services.--
(1) TRICARE select.--Section 1075(c) of such title is
amended by adding at the end the following new paragraph:
``(4) For all beneficiaries under this section, there is no
cost-sharing for any method of contraception provided by a
network provider.''.
(2) TRICARE prime.--Section 1075a(b) of such title is
amended by adding at the end the following new paragraph:
``(5) For all beneficiaries under this section, there is no
cost-sharing for any method of contraception provided under
TRICARE Prime.''.
(3) Pharmacy benefits program.--Section 1074g(a)(6) of such
title is amended by adding at the end the following new
subparagraph:
``(D) Notwithstanding subparagraphs (A), (B), and (C),
there is no cost-sharing for any prescription contraceptive
on the uniform formulary provided by a retail pharmacy
described in subsection (a)(2)(E)(ii) or the national mail-
order pharmacy program.''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2020.
SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR
DEPENDENTS.
(a) In General.--Section 1099 of title 10, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Payment Options.--(1) A member or former member of
the uniformed services, or a dependent thereof, eligible for
medical care and dental care under section 1074(b) or 1076 of
this title shall pay a premium for coverage under this
chapter.
``(2) To the maximum extent practicable, a premium owed by
a member, former member, or dependent under paragraph (1)
shall be withheld from the retired, retainer, or equivalent
pay of the member, former member, or dependent. In all other
cases, a premium shall be paid in a frequency and method
determined by the Secretary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 1097a of title 10,
United States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(2) Heading amendments.--
(A) Automatic enrollments.--The heading for section 1097a
of such title is amended to read as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollments''.
(B) Enrollment system and payment options.--The heading for
section 1099 of such title is amended to read as follows:
``Sec. 1099. Health care enrollment system and payment
options''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 55 of such title is amended--
(A) by striking the item relating to section 1097a and
inserting the following new item:
``1097a. TRICARE Prime: automatic enrollments.''; and
(B) by striking the item relating to section 1099 and
inserting the following new item:
``1099. Health care enrollment system and payment options.''.
(c) Effective Date.--The amendments made by this section
shall apply to health care coverage beginning on or after
January 1, 2021.
SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN.
(a) Comprehensive Screening, Testing, and Reporting
Guidelines.--
(1) In general.--The Secretary of Defense shall establish
clinical practice guidelines for health care providers
employed by the Department of Defense on screening, testing
and reporting of blood lead levels in children.
(2) Use of cdc recommendations.--Guidelines established
under paragraph (1) shall reflect recommendations made by the
Centers for Disease Control and Prevention with respect to
the screening, testing, and reporting of blood lead levels in
children.
(3) Dissemination of guidelines.--Not later than one year
after the date of the enactment of this Act, the Secretary
shall disseminate the clinical practice guidelines
established under paragraph (1) to health care providers of
the Department of Defense.
(b) Care Provided in Accordance With CDC Guidance.--The
Secretary shall ensure that any care provided by the
Department of Defense to a child for lead poisoning shall be
carried out in accordance with applicable guidance issued by
the Centers for Disease Control and Prevention.
(c) Sharing of Results of Testing.--
(1) In general.--With respect to a child who receives from
the Department of Defense a test for lead poisoning--
(A) the Secretary shall provide the results of the test to
the parent or guardian of the child; and
(B) notwithstanding any requirements for the
confidentiality of health information under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191), the Secretary shall provide the results of the
test and the address at which the child resides to--
(i) the relevant health department of the State in which
the child resides if the child resides in the United States;
or
(ii) if the child resides outside the United States--
(I) the Centers for Disease Control and Prevention; and
(II) the appropriate authority of the country in which the
child resides.
(2) State defined.--In this subsection, the term ``State''
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(d) Report.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report detailing, with respect to the
period beginning on the date of the enactment of this Act and
ending on the date of the report, the following:
(A) The number of children who were tested by the
Department of Defense for the level of lead in the blood of
the child, and of such number, the number who were found to
have elevated blood lead levels.
(B) The number of children who were screened by the
Department of Defense for an elevated risk of lead exposure.
(C) The treatment provided to children pursuant to chapter
55 of title 10, United States Code, for lead poisoning.
(2) Elevated blood lead level defined.--In this paragraph,
the term ``elevated blood lead level'' has the meaning given
that term by the Centers for Disease Control and Prevention.
SEC. 704. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF
DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Beginning on October 1, 2020, the
Secretary of Defense shall provide blood testing to determine
and document potential exposure to perfluoroalkyl and
polyfluoroalkyl substances (commonly known as ``PFAS'') for
each firefighter of the Department of Defense during the
annual physical exam conducted by the Department for each
such firefighter.
(b) Firefighter Defined.--In this section, the term
``firefighter'' means someone whose primary job or military
occupational specialty is being a firefighter.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH
SYSTEM.
(a) Administration of Military Medical Treatment
Facilities.--Subsection (a) of section 1073c of title 10,
United States Code, is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A), (B), (C), (D), (E),
and (F) as subparagraphs (C), (D), (E), (G), (H), and (I),
respectively;
(B) by inserting before subparagraph (C), as redesignated
by subparagraph (A) of this paragraph, the following new
subparagraphs:
``(A) provision and delivery of health care within each
such facility;
``(B) management of privileging, scope of practice, and
quality of health care provided within each such facility;'';
and
(C) inserting the following new subparagraph:
``(F) supply and equipment;'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively;
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) to identify the capacity of each military medical
treatment facility to support clinical readiness standards of
health care providers established by the Secretary of a
military department or the Assistant Secretary of Defense for
Health Affairs;'' and
(C) by amending subparagraph (F), as redesignated by
subparagraph (A) of this paragraph, to read as follows:
[[Page S3897]]
``(F) to determine, in coordination with each Secretary of
a military department, manning, including joint manning,
assigned to military medical treatment facilities and
intermediary organizations;'' and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``on behalf of the military departments,''
before ``ensuring''; and
(ii) by striking ``and civilian employees''; and
(B) in subparagraph (B), by inserting ``on behalf of the
Defense Health Agency,'' before ``furnishing''.
(b) DHA Assistant Director.--Subsection (b)(2) of such
section is amended by striking ``equivalent education and
experience'' and all that follows and inserting ``the
education and experience to perform the responsibilities of
the position.''.
(c) DHA Deputy Assistant Directors.--Subsection (c) of such
section is amended--
(1) in paragraph (2)(B), by striking ``across the military
health system'' and inserting ``at military medical treatment
facilities''; and
(2) in paragraph (4)(B), by inserting ``at military medical
treatment facilities'' before the period at the end.
(d) Military Medical Treatment Facility.--Subsection (f) of
such section is amended by adding at the end the following
new paragraph:
``(3) The term `military medical treatment facility'
means--
``(A) any fixed facility of the Department of Defense that
is outside of a deployed environment and used primarily for
health care; and
``(B) any other location used for purposes of providing
health care services as designated by the Secretary of
Defense.''.
(e) Technical Amendments.--Subsection (a) of such section
is amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by redesignating the first paragraph (4) as paragraph
(5); and
(4) by moving the second paragraph (4) so as to appear
before paragraph (5), as redesignated by paragraph (3) of
this subsection.
SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.
(a) In General.--Section 712 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary of Defense shall, acting
through the Secretaries of the military departments, the
Defense Health Agency, and the Joint Staff, implement an
organizational framework of the military health system that
effectively implements chapter 55 of title 10, United States
Code, to maximize the readiness of the medical force, promote
interoperability, and integrate medical capabilities of the
Armed Forces in order to enhance joint military medical
operations in support of requirements of the combatant
commands.'';
(2) in subsection (e), by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively, and by moving
such paragraphs so as to appear at the end of subsection (d);
(3) by striking subsection (e), as amended by paragraph (2)
of this subsection;
(4) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively;
(5) by inserting after subsection (a) the following new
subsection (b):
``(b) Additional Duties of Surgeons General of the Armed
Forces.--The Surgeons General of the Armed Forces shall have
the following duties:
``(1) To ensure the readiness for operational deployment of
medical and dental personnel and deployable medical or dental
teams or units of the Armed Force or Armed Forces concerned.
``(2) To meet medical readiness standards, subject to
standards and metrics established by the Assistant Secretary
of Defense for Health Affairs.
``(3) With respect to uniformed medical and dental
personnel of the military department concerned--
``(A) to assign such personnel to military medical
treatment facilities, under the operational control of the
commander or director of the facility, or to partnerships
with civilian or other medical facilities for training
activities specific to such military department; and
``(B) to maintain readiness of such personnel for
operational deployment.
``(4) To provide logistical support for operational
deployment of medical and dental personnel and deployable
medical or dental teams or units of the Armed Force or Armed
Forces concerned.
``(5) To oversee mobilization and demobilization in
connection with the operational deployment of medical and
dental personnel of the Armed Force or Armed Forces
concerned.
``(6) To develop operational medical capabilities required
to support the warfighter, and to develop policy relating to
such capabilities.
``(7) To provide health professionals to serve in
leadership positions across the military healthcare system.
``(8) To deliver operational clinical services under the
operational control of the combatant commands--
``(A) on ships and planes; and
``(B) on installations outside of military medical
treatment facilities.
``(9) To manage privileging, scope of practice, and quality
of health care in the settings described in paragraph (8).'';
(6) in subsection (c), as redesignated by paragraph (4) of
this subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions''; and
(B) in paragraph (1)--
(i) in the paragraph heading, by inserting ``Agency''
before ``regions''; and
(ii) by striking ``defense health'' and inserting ``Defense
Health Agency'';
(7) in subsection (d), as redesignated by paragraph (4) of
this subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions'';
(B) in the matter preceding paragraph (1), by striking
``defense health'' and inserting ``Defense Health Agency'';
and
(C) in paragraph (3), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(8) in subsection (e), as redesignated by paragraph (4) of
this subsection--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--The Secretaries of the military
departments shall coordinate with the Chairman of the Joint
Chiefs of Staff and the Defense Health Agency to direct
resources allocated to the military departments to support
requirements related to readiness and operational medicine
support that are established by the combatant commands and
validated by the Joint Staff.''; and
(ii) in subparagraph (B), in the matter preceding clause
(i), by striking ``Based on'' and all that follows through
``shall--'' and inserting ``The Director of the Defense
Health Agency, in coordination with the Assistant Secretary
of Defense for Health Affairs, shall--'';
(B) in paragraph (3), as moved and redesignated by
paragraph (2) of this subsection, in the second sentence--
(i) by inserting ``primarily'' before ``through''; and
(ii) by inserting``, in coordination with the Secretaries
of the military departments,'' after ``the Defense Health
Agency''; and
(C) by adding at the end the following:
``(5) Manpower.--
``(A) Administrative control of military personnel.--Each
Secretary of a military department shall exercise
administrative control of members of the Armed Forces
assigned to military medical treatment facilities, including
personnel assignment and issuance of military orders.
``(B) Oversight of certain personnel by the director of the
defense health agency.--In situations in which members of the
Armed Forces provide health care services at a military
medical treatment facility, the Director of the Defense
Health Agency shall maintain oversight for the provision of
care delivered by those individuals through policies,
procedures, and privileging responsibilities of the military
medical treatment facility.''.
(b) Conforming Amendments.--
(1) Heading amendment.--The heading for section 712 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232) is amended to read as follows:
``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by striking the item relating to section 712 and
inserting the following new item:
``Sec. 712. Support by military healthcare system of medical
requirements of combatant commands.''.
SEC. 713. TOURS OF DUTY OF COMMANDERS OR DIRECTORS OF
MILITARY TREATMENT FACILITIES.
(a) In General.--Not later than January 1, 2021, the
Secretary of Defense shall establish a minimum length for the
tour of duty of an individual as a commander or director of a
military treatment facility.
(b) Tours of Duty.--
(1) In general.--Except as provided in paragraph (2), the
length of the tour of duty as a commander or director of a
military treatment facility of any individual assigned to
such position after January 1, 2021, may not be shorter than
the longer of--
(A) the length established pursuant to subsection (a); or
(B) four years.
(2) Waiver.--
(A) In general.--The Secretary of the military department
concerned, in coordination with the Director of the Defense
Health Agency, may authorize a tour of duty of an individual
as a commander or director of a military treatment facility
of a shorter length than is otherwise provided for in
paragraph (1) if the Secretary determines, in the discretion
of the Secretary, that there is good cause for a tour of duty
in such position of shorter length.
(B) Case-by-case basis.--Any determination under
subparagraph (A) shall be made on a case-by-case basis.
SEC. 714. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF
MANAGED CARE SUPPORT CONTRACTS UNDER TRICARE
PROGRAM.
Section 705(c)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a
note) is
[[Page S3898]]
amended, in the matter preceding subparagraph (A), by
striking ``, other than overseas medical support contracts''.
SEC. 715. ESTABLISHMENT OF REGIONAL MEDICAL HUBS TO SUPPORT
COMBATANT COMMANDS.
(a) In General.--The Secretary of Defense shall establish
not more than four regional medical hubs, consistent with the
defense health regions established under section 712 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232), to support operational
medical requirements of the combatant commands.
(b) Timing.--Establishment of regional medical hubs under
subsection (a) shall commence not later than October 1, 2020,
and shall be completed not later than October 1, 2022.
(c) Leadership.--Each regional medical hub established
under subsection (a) shall be led by a commander or director
who is a member of the Armed Forces serving in a grade not
higher than major general or rear admiral and who shall be--
(1) selected by the Director of the Defense Health Agency
from among members of the Armed Forces recommended by the
military departments for service in such position; and
(2) under the authority, direction, and control of the
Director while serving in such position.
(d) Designation of Primary Center.--
(1) In general.--Each regional medical hub established
under subsection (a) shall include a major military medical
center designated by the Secretary to serve as the primary
center for the provision of specialized medical services in
that region.
(2) Capabilities.--A major military medical center may not
be designated under paragraph (1) unless the center--
(A) includes one or more large graduate medical education
training platforms; and
(B) provides, at a minimum, role 4 medical care.
(3) Location.--
(A) In general.--Any major military medical center
designated under paragraph (1) shall be geographically
located so as to maximize the support provided by uniformed
medical resources to the combatant commands.
(B) Collocation with major aerial debarkation points.--In
designating major military medical centers under paragraph
(1), the Secretary shall give consideration to the
collocation of such centers with major aerial debarkation
points of patients in the medical evacuation system of the
United States Transportation Command.
(4) Major health care delivery platform.--A major military
medical center designated under paragraph (1) shall serve as
the major health care delivery platform for the provision of
complex specialized medical care in the region, whether
through patient referrals from other military medical
treatment facilities or through referrals from either
civilian medical facilities or healthcare facilities of the
Department of Veterans Affairs.
(e) Additional Military Medical Centers.--Consistent with
section 1073d of title 10, United States Code, the Secretary,
in establishing regional medical hubs under subsection (a),
may establish additional military medical centers in the
following locations:
(1) Locations with large beneficiary populations.
(2) Locations that serve as the primary readiness platforms
of the Armed Forces.
(f) Patient Referrals and Coordination.--In implementing
the regional medical hubs established under subsection (a),
the Director of the Defense Health Agency shall ensure
effective and efficient medical care referrals and
coordination among military medical treatment facilities and
among local or regional high-performing health systems
through local or regional partnerships with institutional or
individual civilian providers.
SEC. 716. MONITORING OF ADVERSE EVENT DATA ON DIETARY
SUPPLEMENT USE BY MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall modify the
electronic health record system of the military health system
to include data regarding the use by members of the Armed
Forces of dietary supplements and adverse events with respect
to dietary supplements.
(b) Requirements.--The modifications required by subsection
(a) shall ensure that the electronic health record system of
the military health system--
(1) records adverse event report data regarding dietary
supplement use by members of the Armed Forces;
(2) generates standard reports on adverse event data that
can be aggregated for analysis;
(3) issues automated alerts to signal a significant change
in adverse event reporting or to signal a risk of interaction
with a medication or other treatment; and
(4) provides for reporting of adverse event report data
regarding dietary supplement use by members of the Armed
Forces to the Food and Drug Administration.
(c) Outreach.--The Secretary shall conduct outreach to
health care providers in the military health system to
educate such providers on the importance of entering adverse
event report data regarding dietary supplement use by members
of the Armed Forces into the electronic health record system
of the military health system and reporting such data to the
Food and Drug Administration.
(d) Definitions.--In this section:
(1) Adverse event.--The term ``adverse event'' has the
meaning given that term in section 761(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379aa-1(a)).
(2) Dietary supplement.--The term ``dietary supplement''
has the meaning given that term in section 201(ff) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)).
SEC. 717. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO
EXPOSURE BY MEMBERS OF THE ARMED FORCES TO
CERTAIN OCCUPATIONAL AND ENVIRONMENTAL HAZARDS
WHILE DEPLOYED OVERSEAS.
(a) Inclusion in Medical Tracking System of Occupational
and Environmental Health Risks in Deployment Area.--
(1) Elements of medical tracking system.--Subsection
(b)(1)(A) of section 1074f of title 10, United States Code,
is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) accurately record any exposure to occupational and
environmental health risks during the course of their
deployment.''.
(2) Recordkeeping.--Subsection (c) of such section is
amended by inserting after ``deployment area'' the following:
``(including the results of any assessment performed by the
Secretary of occupational and environmental health risks for
such area)''.
(b) Postdeployment Medical Examination and Reassessments.--
Section 1074f of title 10, United States Code, as amended by
subsection (a), is further amended by adding at the end the
following new subsection:
``(g) Additional Requirements for Postdeployment Medical
Examinations and Health Reassessments.--(1) The Secretary of
Defense shall standardize and make available to a provider
that conducts a postdeployment medical examination or
reassessment under the system described in subsection (a)
questions relating to occupational and environmental health
exposure.
``(2) The Secretary, to the extent practicable, shall
ensure that the medical record of a member includes
information on the external cause relating to a diagnosis of
the member, including by associating an external cause code
(as issued under the International Statistical Classification
of Diseases and Related Health Problems, 10th Revision (or
any successor revision)).''.
(c) Access to Information in Burn Pit Registry.--
(1) In general.--The Secretary of Defense shall ensure that
all medical personnel of the Department of Defense have
access to the information contained in the burn pit registry.
(2) Burn pit registry defined.--In this subsection, the
term ``burn pit registry'' means the registry established
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
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.
Title XVII of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567) is
amended--
(1) in section 1701(a)--
(A) by striking ``Subject to subsection (b), the'' and
inserting ``The'';
(B) by striking subsection (b); and
(C) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(2) in section 1702(a)(1), by striking ``hereafter in this
title'' and inserting ``in this section'';
(3) in section 1703, in subsections (a) and (c), by
striking ``the facility'' and inserting ``the James A. Lovell
Federal Health Care Center'';
(4) in section 1704--
(A) in subsections (a)(3), (a)(4)(A), and (b)(1), by
striking ``the facility'' and inserting ``the James A. Lovell
Federal Health Care Center''; and
(B) in subsection (e), as most recently amended by section
731 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), by striking
``September 30, 2020'' and inserting ``September 30, 2021'';
(5) in section 1705--
(A) in subsection (a), by striking ``the facility'' and
inserting ``the James A. Lovell Federal Health Care Center
(in this section referred to as the `JALFHCC')'';
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``the facility'' and inserting ``the
JALFHCC''; and
(C) in subsection (c)--
(i) by striking ``the facility'' each place it appears and
inserting ``the JALFHCC''; and
(ii) by adding at the end the following new paragraph:
``(4) To permit the JALFHCC to enter into personal services
contracts to carry out health care responsibilities in the
JALFHCC to the same extent and subject to the same conditions
and limitations as apply under section 1091 of title 10,
United States Code, to the Secretary of Defense with respect
to health care responsibilities in medical treatment
facilities of the Department of Defense.''.
[[Page S3899]]
SEC. 722. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY
M. JACKSON FOUNDATION FOR THE ADVANCEMENT OF
MILITARY MEDICINE.
(a) Appointment by Non-ex Officio Members.--Subparagraph
(C) of paragraph (1) of section 178(c) of title 10, United
States Code, is amended to read as follows:
``(C) six members, each of whom shall be appointed at the
expiration of the term of a member appointed under this
subparagraph, as provided for in paragraph (2), by the
members currently serving on the Council pursuant to this
subparagraph and paragraph (2), including the member whose
expiring term is so being filled by such appointment.''.
(b) Repeal of Obsolete Authority Establishing Staggered
Terms.--Paragraph (2) of such section is amended--
(1) by striking ``except that--'' and all that follows
through ``any person'' and inserting ``except that any
person'';
(2) by striking ``; and'' and inserting a period; and
(3) by striking subparagraph (B).
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Construction for current members.--Nothing in the
amendments made by this section shall be construed to
terminate or otherwise alter the appointment or term of
service of members of the Henry M. Jackson Foundation for the
Advancement of Military Medicine who are so serving on the
date of the enactment of this Act pursuant to an appointment
under paragraph (1)(C) or (2) of section 178(c) of title 10,
United States Code, made before that date.
SEC. 723. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended
by striking ``Dental Corps Officer'' and inserting ``Army
Medical Department Officer''.
SEC. 724. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL
CAPITAL REGION.
(a) In General.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2113a the
following new section:
``Sec. 2113b. Academic Health System
``(a) In General.--The Secretary of Defense may establish
an Academic Health System to integrate the health care,
health professions education, and health research activities
of the military health system, including under this chapter,
in the National Capital Region.
``(b) Leadership.--(1) The Secretary may appoint employees
of the Department of Defense to leadership positions in the
Academic Health System established under subsection (a).
``(2) Such positions may include responsibilities for
management of the health care, health professions education,
and health research activities described in subsection (a)
and are in addition to similar leadership positions for
members of the armed forces.
``(c) Administration.--The Secretary may use such
authorities under this chapter relating to the health care,
health professions education, and health research activities
of the military health system as the Secretary considers
appropriate for the administration of the Academic Health
System established under subsection (a).
``(d) National Capital Region Defined.--In this section,
the term `National Capital Region' means the area, or portion
thereof, as determined by the Secretary, in the vicinity of
the District of Columbia.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by
inserting after the item relating to section 2113a the
following new item:
``2113b. Academic Health System.''.
SEC. 725. PROVISION OF VETERINARY SERVICES BY VETERINARY
PROFESSIONALS OF THE DEPARTMENT OF DEFENSE IN
EMERGENCIES.
(a) In General.--Chapter 53 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1060c. Provision of veterinary services in emergencies
``(a) In General.--A veterinary professional described in
subsection (b) may provide veterinary services for the
purposes described in subsection (c) in any State, the
District of Columbia, or a territory or possession of the
United States, without regard to where such veterinary
professional or the patient animal are located, if the
provision of such services is within the scope of the
authorized duties of such veterinary professional for the
Department of Defense.
``(b) Veterinary Professional Described.--A veterinary
professional described in this subsection is an individual
who is--
``(1)(A) a member of the armed forces, a civilian employee
of the Department of Defense, or otherwise credentialed and
privileged at a Federal veterinary institution or location
designated by the Secretary of Defense for purposes of this
section; or
``(B) a member of the National Guard performing training or
duty under section 502(f) of title 32;
``(2) certified as a veterinary professional by a
certification recognized by the Secretary of Defense; and
``(3) currently licensed by a State, the District of
Columbia, or a territory or possession of the United States
to provide veterinary services.
``(c) Purposes Described.--The purposes described in this
subsection are veterinary services in response to any of the
following:
``(1) A national emergency declared by the President
pursuant to the National Emergencies Act (50 U.S.C. 1601 et
seq.).
``(2) A major disaster or an emergency (as those terms are
defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)).
``(3) A public health emergency declared by the Secretary
of Health and Human Services under section 319 of the Public
Health Service Act (42 U.S.C. 247d).
``(4) An extraordinary emergency, as determined by the
Secretary of Agriculture under section 10407(b) of the Animal
Health Protection Act (7 U.S.C. 8306(b)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of such title is amended by inserting
after the item relating to section 1060b the following new
item:
``1060c. Provision of veterinary services in emergencies.''.
SEC. 726. FIVE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE
DOD-VA HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is
amended by striking ``September 30, 2020'' and inserting,
``September 30, 2025''.
SEC. 727. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS
TO ENHANCE INTEROPERABILITY AND MEDICAL SURGE
CAPABILITY AND CAPACITY OF NATIONAL DISASTER
MEDICAL SYSTEM.
(a) In General.--The Secretary of Defense may carry out a
pilot program to establish partnerships with public, private,
and nonprofit health care organizations, institutions, and
entities in collaboration with the Secretary of Veterans
Affairs, the Secretary of Health and Human Services, the
Secretary of Homeland Security, and the Secretary of
Transportation to enhance the interoperability and medical
surge capability and capacity of the National Disaster
Medical System under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11) in the vicinity of major
aeromedical transport hubs of the Department of Defense.
(b) Duration.--The Secretary of Defense may carry out the
pilot program under subsection (a) for a period of not more
than five years.
(c) Locations.--The Secretary shall carry out the pilot
program under subsection (a) at not fewer than five
aeromedical transport hub regions in the United States.
(d) Requirements.--In establishing partnerships under the
pilot program under subsection (a), the Secretary, in
collaboration with the Secretary of Veterans Affairs, the
Secretary of Health and Human Services, the Secretary of
Homeland Security, and the Secretary of Transportation, shall
establish requirements under such partnerships for staffing,
specialized training, medical logistics, telemedicine,
patient regulating, movement, situational status reporting,
tracking, and surveillance.
(e) Evaluation Metrics.--The Secretary of Defense shall
establish metrics to evaluate the effectiveness of the pilot
program under subsection (a).
(f) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
commencement of the pilot program under subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program.
(ii) The requirements established under subsection (d).
(iii) The evaluation metrics established under subsection
(e).
(iv) Such other matters relating to the pilot program as
the Secretary considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after completion
of the pilot program under subsection (a), the Secretary
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot
program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program, including the
partnerships established under the pilot program as described
in subsection (a).
(ii) An assessment of the effectiveness of the pilot
program.
(iii) Such recommendations for legislative or
administrative action as the Secretary considers appropriate
in light of the pilot program, including recommendations for
extending or making permanent the authority for the pilot
program.
SEC. 728. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL
MEDICAL STUDY ON BLAST PRESSURE EXPOSURE OF
MEMBERS OF THE ARMED FORCES.
Section 734 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1444) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) assess the feasibility and advisability of--
[[Page S3900]]
``(A) uploading the data gathered from the study into the
Defense Occupational and Environmental Health Readiness
System - Industrial Hygiene (DOEHRS-IH) or similar system;
and
``(B) allowing personnel of the Department of Defense and
the Department of Veterans Affairs to have access to such
system.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Annual status report.--Not later than January 1 of
each year during the period beginning on the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 and ending on the completion of the study
under subsection (a), the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a status report on the study.''.
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.
(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this act, the Secretary of Defense and
the Secretaries of the military departments may jointly carry
out a pilot program to assess mechanisms to evaluate
intellectual property, such as technical data deliverables
and associated license rights, including commercially
available intellectual property valuation analysis and
techniques, in acquisition programs for which they are
responsible to better understand the benefits associated with
these techniques on--
(1) the development of cost-effective intellectual property
strategies, and
(2) assessment and management of the value and costs of
intellectual property during acquisition and sustainment
activities (including source selection evaluation factors)
throughout the acquisition lifecycle for any acquisition
program selected by the Secretary concerned.
(b) Activities.--Activities carried out under the pilot
program may include the following:
(1) Establishing a team of Department of Defense and
private sector subject matter experts to identify, to the
maximum extent practicable at each milestone for a selected
acquisition programs, intellectual property evaluation
techniques to obtain quantitative and qualitative analysis
related to the value of intellectual property during the
procurement, production and deployment, and operations and
support phases of the acquisition of the systems under the
program.
(2) Assessment of commercial valuation techniques for
intellectual property for use by the Department of Defense.
(3) Assessment of the feasibility of agency-level oversight
to standardize intellectual property evaluation practices and
procedures.
(4) Assessment of contracting mechanisms to speed delivery
of intellectual property to the Armed Forces or reduce
sustainment costs.
(5) Assessment of agency acquisition planning to ensure
procurement of intellectual property deliverables and
intellectual property rights necessary for Government-planned
sustainment activities.
(6) Engagement with the commercial industry to--
(A) support the development of strategies and program
requirements to aid in acquisition and transition planning
for intellectual property;
(B) support the development and improvement of intellectual
property strategies as part of life-cycle sustainment plans;
and
(C) propose and implement alternative and innovative
methods of intellectual property valuation, prioritization,
and evaluation techniques for intellectual property.
(7) Recommending to the cognizant program manager for an
acquisition program evaluation techniques and contracting
mechanisms for implementation into the acquisition and
sustainment activities of that acquisition program.
(c) Acquisition of Commercial and Nondevelopmental Items,
Products, and Services.--The pilot program shall provide
criteria to ensure the appropriate consideration of
commercial items and non-developmental items as alternatives
to items to be specifically developed for the acquisition
program, including evaluation of the benefits of reduced risk
regarding cost, schedule, and performance associated with
commercial and non-developmental items, products, and
services.
(d) Assessments.--Not later than November 1, 2020, and
annually thereafter through 2023, the Secretary of Defense,
in coordination with the Secretaries concerned, shall submit
to the congressional defense committees a joint report on the
pilot program conducted under this section. The report shall,
at a minimum, include--
(1) a description of the acquisition programs selected by
the Secretary concerned;
(2) a description of the specific activities in paragraph
(b) that were performed under each program;
(3) an assessment of the effectiveness of the activities;
(4) an assessment of improvements to acquisition or
sustainment activities related to the pilot program; and
(5) an assessment of cost-savings from the activities
related to the pilot program, including any improvement to
mission success during the operations and support phase of
the program.
SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR
COMPLEX REQUIREMENTS.
(a) In General.--(1) The Secretary of Defense shall select
at least 2, and up to 5, initiatives to participate in a
pilot to use teams that, with the advice of expert third
parties, focus on the development of complex contract
technical requirements for services, with each team focusing
on developing achievable technical requirements that are
appropriately valued and identifying the most effective
acquisition strategy to achieve those requirements.
(2) The Secretary shall develop metrics for tracking
progress of the program at improving quality and acquisition
cycle time.
(b) Development of Criteria and Initiatives.--(1) Not later
than February 1, 2020, the Secretary of Defense shall
establish the pilot program and notify the congressional
defense committees of the criteria used to select initiatives
and the metrics used to track progress.
(2) Not later than May 1, 2020, the Secretary shall notify
the congressional defense committees of the initiatives
selected for the program.
(3) Not later than December 1, 2020, the Secretary shall
brief the congressional defense committees on the progress of
the selected initiatives, including the progress of the
initiatives at improving quality and acquisition cycle time
according to the metrics developed under subsection (a)(2).
SEC. 803. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR
TASK AND DELIVERY ORDER SINGLE CONTRACT AWARDS.
Section 2304a(d)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively;
(2) by redesignating subparagraphs (A), (B), (C), and (D)
as clauses (i), (ii), (iii), and (iv), respectively;
(3) by striking ``No task or delivery order contract'' and
inserting ``(A) Except as provided under subparagraph (B), no
task or delivery order contract''; and
(4) by adding at the end the following new subparagraph:
``(B) A task or delivery order contract in an amount
estimated to exceed $100,000,000 (including all options) may
be awarded to a single source without the written
determination otherwise required under subparagraph (A) if
the head of the agency has made a written determination
pursuant to section 2304(c) of this title that other than
competitive procedures may be used for the awarding of such
contract.''.
SEC. 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''.
SEC. 805. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND
EVALUATION REPORT.
Section 139(h)(5) of title 10, United States Code, is
amended to read as follows:
``(5) The Director shall solicit comments from the
Secretaries of the military departments on each report of the
Director to Congress under this section and summarize the
comments in the report. The Director shall determine the
amount of time available for the Secretaries to comment on
the draft report on a case by case basis, and consider the
extent to which substantive discussions have already been
held between the Director and the military department. The
Director shall reserve the right to issue the report without
comment from a military department if the department's
comments are not received within the time provided, and shall
indicate any such omission in the report.''.
SEC. 806. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS.
(a) Department of Defense Review.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall review how the Department
of Defense informs decisions to use fixed-price contracts to
support broader acquisition objectives, to ensure that such
decisions are made strategically and consistently. The review
should include decisions on the use of the various types of
fixed price contracts, including fixed-price incentive
contracts.
(2) Briefing.--Not later than February 1, 2020, the Under
Secretary shall brief the congressional defense committees on
the findings of the review required under paragraph (1).
(b) Comptroller General Report.--
(1) In general.--Not later than February 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the Department
of Defense's use of fixed-price contracts, including
different types of fixed-price contracts.
[[Page S3901]]
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of the extent to which fixed-price
contracts have been used over time and the conditions in
which they are used.
(B) An assessment of the effects of the decisions to use of
fixed-price contract types, such as any additional costs or
savings or efficiencies in contract administration.
(C) An assessment of how decisions to use various types of
fixed-price contracts affects the contract closeout process.
(c) Delayed Implementation of Regulations Requiring the Use
of Fixed-price Contracts for Foreign Military Sales.--The
regulations prescribed pursuant to section 830(a) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 22 U.S.C. 2762 note) shall not take
effect until December 31, 2020. The regulations as so
prescribed shall take into account the findings of the review
conducted under subsection (a)(1).
SEC. 807. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(3) in subsection (b), as redesignated by paragraph (2), by
striking ``and an assessment of whether the program should be
continued or expanded''; and
(4) in subsection (c), as so redesignated, by striking
``January 2, 2021'' and inserting ``January 2, 2023''.
SEC. 808. PILOT PROGRAM TO STREAMLINE DECISION-MAKING
PROCESSES FOR WEAPON SYSTEMS.
(a) Candidate Acquisition Programs.--
(1) In general.--Not later than February 1, 2020, each
Service Acquisition Executive shall recommend to the
Secretary of Defense at least one major defense acquisition
program for a pilot program to include tailored measures to
streamline the entire milestone decision process, with the
results evaluated and reported for potential wider use.
(2) Elements.--Each pilot program selected pursuant to
paragraph (1) shall include the following elements:
(A) Delineating the appropriate information needed to
support milestone decisions, assuring program accountability
and oversight, which should be based on the business case
principles needed for well-informed milestone decisions,
including user-defined requirements, reasonable acquisition
and life-cycle cost estimates, and a knowledge-based
acquisition plan for maturing technologies, stabilizing the
program design, and ensuring key manufacturing processes are
in control.
(B) Developing an efficient process for providing this
information to the milestone decision authority by--
(i) minimizing any reviews between the program office and
the different functional staff offices within each chain of
command level; and
(ii) establishing frequent, regular interaction between the
program office and milestone decision makers, in lieu of
documentation reviews, to help expedite the process.
(b) Briefing.--Not later than May 1, 2020, the Under
Secretary of Defense for Acquisition and Sustainment shall
provide to the congressional defense committees an informal
briefing detailing--
(1) the acquisition programs selected pursuant to
subsection (a);
(2) the associated action plans, including timelines, for
each program; and
(3) the manner in which each program conforms to the
requirements set forth in subsection (a)(2).
SEC. 809. DOCUMENTATION OF MARKET RESEARCH RELATED TO
COMMERCIAL ITEM DETERMINATIONS.
(a) In General.--Section 2377(c) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The head of an agency shall document the results of
market research in a manner appropriate to the size and
complexity of the acquisition.''.
(b) Conforming Amendment Related to Prospective
Amendment.--Section 836(d)(3)(C)(ii) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended by striking ``in paragraph
(4)'' and inserting ``in paragraph (5)''.
SEC. 810. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION
TO SOURCING REQUIREMENTS FOR CERTAIN ARTICLES.
Subsection (h) of section 2533a of title 10, United States
Code, is amended to read as follows:
``(h) Exception for Small Purchases.--Subsection (a) does
not apply to purchases for amounts not greater than $150,000.
A proposed purchase or contract for an amount greater than
$150,000 may not be divided into several purchases or
contracts for lesser amounts in order to qualify for this
exception. On October 1 of each year evenly divisible by 5,
the Secretary of Defense may adjust the dollar threshold in
this subsection based on changes in the Consumer Price Index.
The Secretary shall publish notice of any such adjustment in
the Federal Register, and the new price threshold shall take
effect on the date of publication.''.
Subtitle B--Provisions Relating to Major Defense Acquisition Programs
SEC. 821. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE
MILESTONE B APPROVAL.
Section 2366b(a) of title 10, United States Code, is
amended--
(1) in paragraph (3)(O), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of a naval vessel program, certifies
compliance with the requirements of section 8669b of this
title.''.
Subtitle C--Industrial Base Matters
SEC. 831. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE
INTEGRITY OF INDUSTRIAL BASE.
(a) Digitization and Modernization.--The Secretary of
Defense shall streamline and digitize the existing Department
of Defense approach for identifying and mitigating risks to
the defense industrial base across the acquisition process,
creating a continuous model that uses digital tools,
technologies, and approaches designed to ensure the
accessibility of data to key decision-makers in the
Department.
(b) Analytical Framework.--
(1) In general.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Defense
Security Service (or successor entity) and other
organizations as appropriate, shall develop an analytical
framework for risk mitigation across the acquisition process.
(2) Elements.--The analytical framework required under
paragraph (1) shall include the following elements:
(A) Characterization and monitoring of supply chain risks,
including--
(i) material sources and fragility;
(ii) counterfeit parts;
(iii) cybersecurity of contractors;
(iv) vendor vetting in contingency or operational
environments; and
(v) other risk areas as determined appropriate.
(B) Characterization and monitoring of risks posed by
contractor behavior that constitute violations of laws or
regulations, including those relating to--
(i) fraud;
(ii) ownership structures;
(iii) trafficking in persons;
(iv) workers' health and safety;
(v) affiliation with the enemy; and
(vi) other risk areas as deemed appropriate.
(C) Characterization of the Department's acquisition
processes and procedures, including--
(i) market research;
(ii) responsibility determinations, including consideration
of the need for special standards of responsibility to
address the risks described in subparagraphs (A) and (B);
(iii) facilities clearances;
(iv) contract requirements definition and technical
evaluation;
(v) contract awards and contractor mobilization;
(vi) contractor mobilization to include hiring, training,
and establishing facilities;
(vii) contract administration, contract management, and
oversight;
(viii) contract audit for closeout;
(ix) contractor business system reviews; and
(x) other relevant processes and procedures.
(D) Characterization and monitoring of the health and
activities of the defense industrial base, including those
relating to--
(i) balance sheets, revenues, profitability, and debt;
(ii) investment, innovation, and technological and
manufacturing sophistication;
(iii) finances, access to capital markets, and cost of
raising capital within those markets;
(iv) corporate governance, leadership, and culture of
performance; and
(v) history of performance on past Department of Defense
and government contracts.
(c) Roles and Responsibilities.--The Secretary of Defense
shall designate the roles and responsibilities of
organizations and individuals to execute activities under
this section, including--
(1) the Under Secretary of Defense for Acquisition and
Sustainment, including the Office of Defense Pricing and
Contracting and the Office of Industrial Policy;
(2) Service Acquisition Executives;
(3) program offices and procuring contracting officers;
(4) administrative contracting officers within the Defense
Contract Management Agency and the Supervisor of
Shipbuilding;
(5) the Defense Security Service and the Defense
Counterintelligence Security Agency;
(6) the Defense Contract Audit Agency;
(7) departments, agencies, or activities which own or
operate systems containing data relevant to Department of
Defense contractors;
(8) the Under Secretary for Research and Engineering; and
(9) other relevant organizations and individuals.
(d) Enabling Data, Tools, and Systems.--
(1) Assessment of existing data sources, systems, and
tools.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Chief
Data Officer of the Department of Defense, and the Defense
[[Page S3902]]
Security Service (or successor entity), shall assess the
extent to which existing systems of record relevant to risk
assessments and contracting are producing, exposing, and
timely maintaining valid and reliable data for the purposes
of the Department's continuous assessment and mitigation of
risks in the defense industrial base.
(B) Elements.--The assessment required under subparagraph
(A) shall include the following elements:
(i) Identification of the necessary source data, to include
data from contractors, intelligence and security activities,
program offices, and commercial research entities.
(ii) A description of the modern data infrastructure,
tools, and applications and what changes would improve the
effectiveness and efficiency of mitigating the risks
described in subsection (b)(2).
(iii) An assessment of the following systems owned or
operated outside of the Department of Defense:
(I) The Federal Awardee Performance and Integrity
Information System (FAPIIS).
(II) The System for Award Management (SAM).
(III) The Federal Procurement Data System-Next Generation
(FPDS-NG).
(iv) An assessment of systems owned or operated by the
Department of Defense, including the Defense Security Service
(or successor entity) and other defense agencies and field
activities used to capture and analyze the performance of
vendors and contractors.
(2) Modernization of data collection, exposure, and
analysis methods.--Based on the findings pursuant to
paragraph (1), the Secretary of Defense shall develop a
unified set of activities to modernize the systems of record,
data sources and collection methods, and data exposure
mechanisms. The unified set of activities should feature--
(A) the ability to continuously collect data on, assess,
and mitigate risks;
(B) data analytics and business intelligence tools and
methods; and
(C) continuous development and continuous delivery of
secure software to implement the activities.
(e) Reports.--
(1) Initial report.--Not later than November 15, 2019, the
Secretary of Defense shall submit to the congressional
defense committees a report on actions taken pursuant to this
section, including recommendations for any further
authorities or legislation.
(2) Second report.--Not later than April 15, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report on actions taken pursuant to this
section, including recommendations for any further
legislation.
(f) Comptroller General Reviews.--
(1) Briefing.--Not later than February 15, 2020, the
Comptroller General of the United States shall brief the
congressional defense committees on Department of Defense
efforts over the previous 5 years to continuously assess and
mitigate risks to the defense industrial base across the
acquisition process, and a summary of current and planned
efforts.
(2) Annual assessments.--Not later than June 15, 2020, and
annually thereafter, the Comptroller General of the United
States shall submit to the congressional defense committees
an assessment of Department of Defense progress in
implementing the framework required under subsection (b).
SEC. 832. ASSESSMENT OF PRECISION-GUIDED MISSILES FOR
RELIANCE ON FOREIGN-MADE MICROELECTRONIC
COMPONENTS.
(a) In General.--Not later than August 31, 2020, the
Secretary of the Air Force shall brief the congressional
defense committees on the findings of an assessment of the
Air Force's precision-guided missiles for reliance on
foreign-made microelectronic components.
(b) Elements.--The assessment required under subsection (a)
shall--
(1) consider certain risks such as--
(A) where microelectronic components for all of the Air
Force's precision-guided missiles currently in production
were made;
(B) the contract tier level of the microelectronic
components supplier; and
(C) which of the microelectronic components are cyber
security concerns; and
(2) identify mitigation strategies.
SEC. 833. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP,
CONTROL, OR INFLUENCE OF DEPARTMENT OF DEFENSE
CONTRACTORS OR SUBCONTRACTORS.
(a) Definitions.--In this section:
(1) Beneficial owner; beneficial ownership.--The terms
``beneficial owner'' and ``beneficial ownership'' shall be
determined in the manner set forth in section 240.13d-3 of
title 17, Code of Federal Regulations.
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership,
business trust, business association, or other similar
entity.
(3) Covered contractor or subcontractor.--The term
``covered contractor or subcontractor'' means a company that
is an existing or prospective contractor or subcontractor of
the Department of Defense on a contract or subcontract with a
value in excess of $5,000,000, except as provided in
subsection (c).
(4) Foreign ownership, control, or influence; foci.--The
terms ``foreign ownership, control, or influence'' and
``FOCI'' have the meanings given those terms under the
policy, factors, and procedures of the National Industrial
Security Program Operating Manual, DOD 5220.22-M, or a
successor document.
(b) Improved Assessment and Mitigation of Risks Related to
Foreign Ownership, Control, or Influence.--
(1) In general.--In developing and implementing the
analytical framework for mitigating risk relating to
ownership structures, as required by section
831(b)(2)(B)(ii), the Secretary of Defense shall improve the
process and procedures for the assessment and mitigation of
risks related to foreign ownership, control, or influence
(FOCI) of contractors and subcontractors doing business with
the Department of Defense.
(2) Elements.--The process and procedures for the
assessment and mitigation of risk relating to ownership
structures referred to in paragraph (1) shall include the
following elements:
(A) Assessment of foci.--(i) A requirement for covered
contractors and subcontractors to disclose to the Defense
Security Service, or its successor organization, their
beneficial ownership and whether they are under FOCI.
(ii) A requirement to update such disclosures when
significant changes occur to information previously provided,
consistent with or similar to the procedures for updating
FOCI information under the National Industrial Security
Program.
(iii) A requirement for covered contractors and
subcontractors determined to be under FOCI to disclose
contact information for each of its foreign owners that is a
beneficial owner.
(iv) A requirement that, at a minimum, the disclosures
required by this paragraph be provided at the time the
contract or subcontract is awarded, amended, or renewed, but
in no case later than one year after the Secretary prescribes
regulations to carry out this subsection.
(B) Responsibility determination.--Consistent with section
831(b)(2)(C)(ii), consideration of FOCI risks as part of
responsibility determinations, including--
(i) whether to establish a special standard of
responsibility relating to FOCI risks for covered contractors
or subcontractors, and the extent to which the policies and
procedures consistent with or similar to those relating to
FOCI under the National Industrial Security Program shall be
applied to covered contractors or subcontractors;
(ii) procedures for contracting officers making
responsibility determinations regarding whether covered
contractors and subcontractors may be under foreign
ownership, control, or influence and for determining whether
there is reason to believe that such foreign ownership,
control, or influence would pose a risk to national security
or potential risk of compromise because of sensitive data,
systems, or processes, such as personally identifiable
information, cybersecurity, or national security systems
involved with the contract or subcontract; and
(iii) modification of policies, directives, and practices
to provide that an assessment that a covered contractor or
subcontractor is under FOCI may be a sufficient basis for a
contracting officer to determine that a contractor or
subcontractor is not responsible.
(C) Contract requirements, administration, and oversight
relating to foci.--
(i) Requirements for contract clauses providing for and
enforcing disclosures related to changes in FOCI during
performance of the contract, consistent with subparagraph
(A), and necessitating the effective mitigation of risks
related to FOCI throughout the duration of the contract or
subcontract.
(ii) Pursuant to section 831(c), designation of the
appropriate Department of Defense official responsible to
approve and to take actions relating to award, modification,
termination of a contract, or direction to modify or
terminate a subcontract due to an assessment by the Defense
Security Service, or its successor organization, that a
covered contractor or subcontractor under FOCI poses a risk
to national security or potential risk of compromise.
(iii) A requirement for the provision of additional
information regarding beneficial ownership and control of any
covered contractor or subcontractor on the contract or
subcontract.
(iv) Other measures as necessary to be consistent with
other relevant practices, policies, regulations, and actions,
including those under the National Industrial Security
Program.
(c) Applicability to Contracts and Subcontracts for
Commercial Products and Services and Other Forms of
Acquisition Agreements.--
(1) Commercial products and services.--The disclosure
requirements under subsection (b) shall not apply to a
contract or subcontract for commercial products or services,
unless a designated senior official specifically requires the
disclosures described in such subparagraphs with respect to
the contract or subcontract based on a determination by the
designated senior official that the contract or subcontract
involves a risk to national security or potential risk of
compromise because of sensitive data, systems, or processes,
such as personally identifiable information, cybersecurity,
or national security systems.
(2) Research and development and procurement activities.--
The Secretary of Defense shall ensure that the requirements
of this section are applied to research and development and
procurement activities, including for the delivery of
services, established through any means including those under
section 2358(b) of title 10, United States Code.
[[Page S3903]]
(d) Availability of Resources.--The Secretary shall ensure
that sufficient resources, including subject matter
expertise, are allocated to execute the functions necessary
to carry out this section, including the assessment,
mitigation, contract administration, and oversight functions.
(e) Reporting Requirements and Limited Availability of
Beneficial Ownership Data.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a process to update systems of record to improve
the assessment and mitigation of risks associated with FOCI
through the inclusion and updating of all appropriate
associated uniquely identifying information about the
contracts and contractors and subcontracts and subcontractors
in the Federal Awardee Performance and Integrity Information
System (FAPIIS), administered by the General Services
Administration, and the Commercial and Government Entity
(CAGE) database, administered by the Defense Logistics
Agency.
(2) Limited availability of information.--The Secretary of
Defense shall ensure that the information required to be
disclosed pursuant to this subsection is--
(A) not made public;
(B) made available via the FAPIIS and CAGE databases; and
(C) made available to appropriate government departments or
agencies.
SEC. 834. EXTENSION AND REVISIONS TO NEVER CONTRACT WITH THE
ENEMY.
(a) Extension.--Section 841(n) of the National Defense
Authorization Act for Fiscal Year 2015 (10 U.S.C. 2302 note)
is amended by striking ``December 31, 2021'' and inserting
``December 31, 2023''.
(b) Expansion of Program.--Section 841(a) of such Act is
amended--
(1) in the heading, by striking ``Identification of Persons
and Entities'' and inserting ``Program'';
(2) in the matter preceding paragraph (1), by striking
``establish in'' and all that follows and inserting
``establish a program to mitigate threats posed by vendors
supporting operations outside the United States. The program
shall use available intelligence to identify persons and
entities that--'';
(3) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(4) in paragraph (2), by striking the period and inserting
a semicolon; and
(5) by adding at the end the following new paragraphs:
``(3) directly or indirectly support a covered person or
entity or otherwise pose a force protection risk to personnel
of the United States or coalition forces; or
``(4) pose an unacceptable national security risk.''.
(c) Inclusion of All Contracts.--Sections 841 and 842 of
such Act are further amended by striking ``covered contract''
each place it appears and inserting ``contract''.
(d) Inclusion of All Combatant Commands.--Sections 841 and
842 of such Act are further amended by striking ``covered
combatant command'' each place it appears and inserting
``combatant command''.
(e) Covered Person or Entity.--Section 843(6) of such Act
is amended to read as follows:
``(6) Covered person or entity.--The term `covered person
or entity' means a person that is--
``(A) engaging in acts of violence against personnel of the
United States or coalition forces;
``(B) providing financing, logistics, training, or
intelligence to a person described in subparagraph (A);
``(C) engaging in foreign intelligence activities against
the United States or against coalition forces;
``(D) engaging in transnational organized crime or criminal
activities; or
``(E) engaging in other activities that present a direct or
indirect risk to the national security of the United States
or coalition forces.''.
(f) Delegation Authority of Combatant Commander.--
(1) Use of designees.--Sections 841 and 842 of such Act are
further amended by striking ``specified deputies'' each place
it appears and inserting ``designee''.
(2) Removal of limitations on delegation.--Section 841 of
such Act is further amended by striking subsection (g).
(g) Authorities To Terminate, Void, and Restrict.--Section
841(c) of such Act is further amended--
(1) in paragraph (1)--
(A) by inserting ``to a person or entity'' after
``concerned''; and
(B) by striking ``the contract'' and all that follows
through the period at the end and inserting ``the person or
entity has been identified under the program established
under subsection (a).'';
(2) in paragraph (2), by striking ``has failed'' and all
that follows and inserting ``has been identified under the
program established under subsection (a).''; and
(3) in paragraph (3), by striking ``the contract'' and all
that follows through the period at the end and inserting
``the contractor, or the recipient of the grant or
cooperative agreement, has been identified under the program
established under subsection (a).''.
(h) Contract Clause.--Section 841(d)(2)(B) of such Act is
amended by inserting ``and restrict future award to any
contractor, or recipient of a grant or cooperative agreement,
that has been identified under the program established under
subsection (a)'' after ``subsection (c)''.
(i) Participation of Secretary of State.--Section 841 of
such Act is further amended--
(1) in subsection (a) in the matter preceding paragraph
(1), by striking ``in consultation with''; and
(2) in subsection (f)(1), by striking ``in consultation
with''.
(j) Sharing of Information on Supporters of the Enemy.--
Section 841(h)(1) of such Act is further amended by striking
``may be providing'' and all that follows through ``or
entity'' and inserting ``have been identified under the
program established under subsection (a)''.
(k) Inapplicability to Certain Contracts, Grants, and
Cooperative Agreements.--Section 841(j) of such Act is
amended by striking ``contracts, grants, and cooperative
agreements'' and all that follows through the period at the
end and inserting ``a contract, grant, or cooperative
agreement that is performed entirely inside the United States
unless the recipient of such contract, grant, or cooperative
agreement is a foreign entity.''.
(l) Construction With Other Authorities.--Section 841 of
such Act is further amended--
(1) in subsection (l), by striking ``Except as provided in
subsection (m), the'' and inserting ``The''; and
(2) by striking subsection (m).
(m) Additional Access to Records.--Section 842 of such Act
is further amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``, except as provided
under subsection (c)(1),'';
(B) in paragraph (2), by striking ``ensure that funds'' and
all that follows through the period at the end and inserting
``support the program established under section 841(a).'';
(C) in paragraph (3), by striking ``that funds'' and all
that follows through the period at the end and inserting
``that the examination of such records will support the
program established under section 841(a).''; and
(D) by striking paragraph (4); and
(2) by striking subsection (c).
(n) Reports.--Subtitle E of title VIII of such Act (10
U.S.C. 2302 note) is further amended--
(1) in section 841(i)(1), in the matter preceding
subparagraph (A), by striking ``2016, 2017, and 2018'' and
inserting ``2016 through 2023''; and
(2) in section 842(b)(1), by striking ``2016, 2017, and
2018'' and inserting ``2016 through 2023''.
(o) Technical and Conforming Amendments.--
(1) Section heading.--The heading of section 841 of such
Act is amended by striking ``providing funds to'' and
inserting ``supporting''.
(2) Redesignations.--Section 841 of such Act is further
amended by redesignating subsections (h) through (l) and (n)
(as amended by subsections (a) through (n) of this section)
as subsections (g) through (l), respectively.
(3) Definitions.--Section 843 of such Act is amended by
striking paragraphs (2) through (5) and redesignating
paragraphs (6) through (9) as paragraphs (2) through (5),
respectively.
Subtitle D--Small Business Matters
SEC. 841. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF
DEFENSE MENTOR-PROTEGE PROGRAM.
(a) Permanent Authorization.--Section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended by striking
subsection (j).
(b) Office of Small Business Programs Oversight.--Section
831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Establishment of Performance Goals and Periodic
Reviews.--The Office of Small Business Programs of the
Department of Defense shall--
``(1) establish performance goals consistent with the
stated purpose of the Mentor-Protege Program and outcome-
based metrics to measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not
later than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on
periodic reviews of the procedures used to approve mentor-
protege agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Subsection (o)(2) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2302 note), as redesignated by subsection (b)(1) of
this section, is amended by striking ``has less than half the
size standard corresponding to its primary North American
Industry Classification System code'' and inserting ``is not
more than the size standard corresponding to its primary
North American Industry Classification System code''.
(d) Removal of Pilot Program References.--Section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note) is amended--
[[Page S3904]]
(1) in the subsection heading for subsection (a), by
striking ``Pilot''; and
(2) by striking ``pilot'' each place it appears.
(e) Independent Report on Program Effectiveness.--
(1) In general.--The Secretary of Defense shall direct the
Defense Business Board to submit to the congressional defense
committees a report evaluating the effectiveness of the
Mentor-Protege Program established under section 831 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), including
recommendations for improving the program in terms of
performance metrics, forms of assistance, and overall program
effectiveness not later than March 31, 2022.
(2) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title
10, United States Code.
SEC. 842. MODIFICATION OF JUSTIFICATION AND APPROVAL
REQUIREMENT FOR CERTAIN DEPARTMENT OF DEFENSE
CONTRACTS.
(a) Modification of Justification and Approval
Requirement.--Notwithstanding section 811 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2405)--
(1) no justification and approval is required under such
section for a sole-source contract awarded by the Department
of Defense in a covered procurement for an amount not
exceeding $100,000,000; and
(2) for purposes of subsections (a)(2) and (c)(3)(A) of
such section, the appropriate official designated to approve
the justification for a sole-source contract awarded by the
Department of Defense in a covered procurement exceeding
$100,000,000 is the official designated in section
2304(f)(1)(B)(ii) of title 10, United States Code.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance to implement the authority under subsection (a).
(c) Comptroller General Review.--
(1) Data tracking and collection.--The Department of
Defense shall track the use of the authority provided
pursuant to subsection (a) and make the data available to the
Comptroller General for purposes of the report required under
paragraph (2).
(2) Report.--Not later than February 1, 2022, the
Comptroller General of the United States shall submit a
report to the congressional defense committees on the use of
the authority provided pursuant to subsection (a) through the
end of fiscal year 2021.
Subtitle E--Provisions Related to Software-Driven Capabilities
SEC. 851. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND
CYBERSPACE INVESTMENTS.
(a) Improved Management.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall work with the Chief Data Officer
of the Department of Defense to optimize the Department's
process for accounting for, managing, and reporting its
information technology and cyberspace investments. The
optimization should include alternative methods of presenting
budget justification materials to the public and
congressional staff to more accurately communicate when, how,
and with what frequency capability is delivered to end users,
in accordance with best practices for managing and reporting
on information technology investments.
(2) Briefing.--Not later than February 3, 2020, the Chief
Information Officer of the Department of Defense shall brief
the congressional defense committees on the process
optimization undertaken pursuant to paragraph (1), including
any recommendations for legislation.
(b) Delivery of Information Technology Budget.--The
Secretary of Defense shall submit to the congressional
defense committees the Department of Defense budget request
for information technology not later than 15 days after the
submittal to Congress of the budget of the President for a
fiscal year pursuant to section 1105 of title 31, United
States Code.
SEC. 852. SPECIAL PATHWAYS FOR RAPID ACQUISITION OF SOFTWARE
APPLICATIONS AND UPGRADES.
(a) Guidance Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall establish guidance authorizing the use of special
pathways for the rapid acquisition of software applications
and upgrades that are intended to be fielded within one year.
(b) Software Acquisition Pathways.--
(1) Use of proven technologies and solutions.--The guidance
required by subsection (a) shall provide for the use of
proven technologies and solutions to continuously engineer
and deliver capabilities in software.
(2) Objectives.--The objectives of using the acquisition
authority under this section shall be to begin the
engineering of new capabilities quickly, to demonstrate
viability and effectiveness of those capabilities in
operation, and to continue updating and delivering new
capabilities iteratively afterwards.
(3) Treatment not as acquisition program.--An acquisition
using the authority under this section shall not be treated
as an acquisition program for the purpose of section 2430 of
title 10, United States Code, or Department of Defense
Directive 5000.01 without the specific direction of the Under
Secretary of Defense for Acquisition and Sustainment or a
Senior Acquisition Executive.
(4) Pathways.--The guidance shall provide for the following
two rapid acquisition pathways:
(A) Applications.--The applications software acquisition
pathway shall provide for the use of rapid development and
implementation of applications and other software and
software improvements running on commercial commodity
hardware (including modified hardware) operated by the
Department of Defense.
(B) Embedded systems.--The embedded systems software
acquisition pathway shall provide for the rapid development
and insertion of upgrades and improvements for software
embedded in weapon systems and other military-unique hardware
systems.
(c) Expedited Process.--
(1) In general.--The guidance required by subsection (a)
shall provide for a streamlined and coordinated requirements,
budget, and acquisition process that results in the rapid
fielding of software applications and software upgrades to
embedded systems in a period of not more than one year from
the time that the process is initiated. It shall also require
the collection of data on the version fielded and continuous
engagement with the users of that software, so as to enable
engineering and delivery of additional versions in periods of
not more than one year each.
(2) Expedited software requirements process.--
(A) Inapplicability of existing guidance.--Software
acquisitions conducted under the authority of this provision
shall not be subject to the Joint Capabilities Integration
and Development System (JCIDS) Manual and Department of
Defense Directive 5000.01, except to the extent specifically
provided in the guidance required under subsection (a) or by
the Under Secretary of Defense for Acquisition and
Sustainment or a Senior Acquisition Executive.
(B) Requirements.--The guidance required by subsection (a)
shall provide the following with respect to requirements:
(i) Requirements for covered acquisitions are developed on
an iterative basis through engagement with the user
community, and the use of user feedback in order to regularly
define and set priorities for software requirements and
evaluate the software capabilities acquired.
(ii) The requirements process begins with the
identification of the warfighter or user need, including the
rationale for how these software capabilities will support
increased lethality and efficiency, and the identification of
a relevant user community.
(iii) Initial contract requirements are stated in the form
of a summary-level list of problems and shortcomings in
existing software systems and desired features or
capabilities of new or upgraded software systems.
(iv) Contract requirements are continuously refined and set
in priority order in an evolutionary process through
discussions with users that may continue throughout the
development and implementation period.
(v) Issues related to lifecycle costs and systems
interoperability are continuously considered.
(vi) Issues of logistics support in cases where the
software developer may stop supporting the software system
are addressed.
(vii) Rapid contracting procedures, to include timeframes
for award, contract types, teaming, and options.
(viii) Execution processes, including supporting
development and test infrastructure, automation and tools,
data collection and sharing, the role of developmental and
operational testing activities, and key decisionmaking and
oversight events, and supporting processes and activities
such as independent costing activity, operational
demonstration, and performance metrics.
(ix) Administrative procedures, including procedures
related to the roles and responsibilities of the implementing
project or product teams and supporting activities, team
selection and staffing process, oversight roles and
responsibilities, and appropriate independent technology
assessments, testing, and cost estimation, including relevant
thresholds or designation criteria.
(x) Mechanisms and waivers designed to ensure flexibility
in the implementation of the authority, including the use of
other transaction authority, broad agency announcements, and
other procedures.
Subtitle F--Other Matters
SEC. 861. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION
DISRUPTIONS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339b. Notification of Navy procurement production
disruptions
``(a) Requirement for Contractor To Provide Notice of
Delays.--The Secretary of the Navy shall require prime
contractors of any Navy procurement program to report within
15 calendar days any stop work order or other manufacturing
disruption of 15 calendar days or more, by the prime
contractor or any sub-contractor, to the respective program
manager and Navy technical authority.
``(b) Quarterly Reports.--The Secretary of the Navy shall
submit to the congressional defense committees not later than
15 calendar days after the end of each quarter of a fiscal
year a report listing all notifications made pursuant to
subsection (a) during the preceding quarter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 137 of title 10, United States Code, is
amended by
[[Page S3905]]
inserting after the item relating to section 2339a the
following new item:
``2339b. Notification of Navy procurement production disruptions.''.
SEC. 862. MODIFICATION TO ACQUISITION AUTHORITY OF THE
COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is
amended by inserting ``on new contract efforts'' after ``may
not obligate or expend more than $75,000,000''.
SEC. 863. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Secretary of Defense may not operate or enter into or renew a
contract for the procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered
foreign country or by an entity domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation or
procurement is for the purposes of--
(1) Counter-UAS surrogate testing and training; or
(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) Waiver.--The Secretary of Defense may waive the
restriction under subsection (a) on a case by case basis by
certifying in writing to the congressional defense committees
that the operation or procurement is required in the national
interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system
and any related services and equipment.
SEC. 864. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE
BUSINESS OPERATIONS WITH THE MADURO REGIME.
(a) Prohibition.--Except as provided under subsections (c),
(d), and (e), the Department of Defense may not enter into a
contract for the procurement of goods or services with any
person that has business operations with an authority of the
Government of Venezuela that is not recognized as the
legitimate Government of Venezuela by the United States
Government.
(b) Definitions.--In this section:
(1) Business operations.--The term ``business operations''
means engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel,
products, services, personal property, real property, or any
other apparatus of business or commerce.
(2) Government of venezuela.--(A) The term ``Government of
Venezuela'' includes the government of any political
subdivision of Venezuela, and any agency or instrumentality
of the Government of Venezuela.
(B) For purposes of subparagraph (A), the term ``agency or
instrumentality of the Government of Venezuela'' means an
agency or instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with each
reference in such section to ``a foreign state'' deemed to be
a reference to ``Venezuela''.
(3) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
(c) Exceptions.--
(1) In general.--The prohibition under subsection (a) does
not apply to a contract that the Secretary of Defense
determines--
(A) is necessary--
(i) for purposes of providing humanitarian assistance to
the people of Venezuela;
(ii) for purposes of providing disaster relief and other
urgent life-saving measures;
(iii) to carry out noncombatant evacuations; or
(iv) to carry out stabilization activities; or
(B) is vital to the national security interests of the
United States.
(2) Notification requirement.--The Secretary of Defense
shall notify the congressional defense committees of any
contract entered into on the basis of an exception provided
for under paragraph (1).
(d) Office of Foreign Assets Control Licenses.--The
prohibition in subsection (a) shall not apply to a person
that has a valid license to operate in Venezuela issued by
the Office of Foreign Assets Control.
(e) American Diplomatic Mission in Venezuela.--The
prohibition in subsection (a) shall not apply to contracts
related to the operation and maintenance of the United States
Government's consular offices and diplomatic posts in
Venezuela.
(f) Applicability.--This section shall apply with respect
to any contract entered into on or after the date of the
enactment of this section.
SEC. 865. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
DEPARTMENT OF DEFENSE EFFORTS TO COMBAT HUMAN
TRAFFICKING THROUGH PROCUREMENT PRACTICES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report on Department of Defense efforts to
combat human trafficking.
(b) Elements.--The report required under subsection (a)
shall evaluate--
(1) the efforts of the Department of Defense to combat
human trafficking in its contracting and supply chain policy,
regulation, and practices, to include implementation of title
XVII of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 2092) and Executive
Order 13627 (77 Fed. Reg. 60029), as well as the nature and
extent of training for Department of Defense contract
officers on how to evaluate compliance plans, monitor
contractor adherence to the plans, and respond to reports of
noncompliance;
(2) the role of the current trafficking in person's office
within the Department of Defense in helping the Department
address all forms of human trafficking, and what, if any,
improvements should be made to the office;
(3) the process used by contract officers to evaluate
compliance plans with regards to preventing human
trafficking; and
(4) how many instances of human trafficking have been
reported to the Inspector General of the Department of
Defense and the outcome of those cases.
(c) Appropriate Congressional Committees Defined.--In this
section , the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
the Judiciary of the Senate; and
(2) the Committee on Armed Services and the Committee on
the Judiciary of the House of Representatives.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF
DEFENSE MATTERS.
(a) Assessment and Reform of Enterprise Business
Operations.--Subsection (b) of section 921 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 2222 note) is amended to
read as follows:
``(b) Assessment and Reform of Enterprise Business
Operations.--
``(1) Periodic assessments and actions.--Not later than
January 1, 2020, and not less frequently than once every five
years thereafter, the Secretary of Defense shall, acting
through the Chief Management Officer of the Department of
Defense--
``(A) assess enterprise business operations of the
Department of Defense across all organizations and elements
of the Department; and
``(B) take or direct the taking of such actions as will
minimize the duplication of efforts and maximize efficiency
and effectiveness in mission execution.
``(2) CMO reports.--Not later than January 1 of every fifth
calendar year beginning with January 1, 2025, the Chief
Management Officer shall submit to the congressional defense
committees a report that describes the assessments carried
out and the actions taken by the Chief Management Officer,
and by other officers or employees of the Department at the
direction of the Chief Management Office, under this
subsection during the preceding five years, including the
following:
``(A) A description of the metrics for performance relating
to minimization of duplication of efforts and maximization of
efficiency and effectiveness in mission execution established
for applicable organizations and elements of the Department.
``(B) A certification of any costs avoided or cost savings
achieved as a result of such assessments and actions.''.
(b) Report on Military and Civilian Personnel for the NGB
and National Guard Joint Staff.--Not later than January 1,
2020, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the
following:
(1) The total number of members of the Armed Forces and
civilian employees of the Department of Defense assigned to
the Office of the Chief of the National Guard Bureau and the
National Guard Joint Staff.
(2) A recommendation for the total number of members and
employees required for the Office of the Chief of the
National Guard Bureau and the National Guard Joint Staff to
execute the missions and functions of the
[[Page S3906]]
National Guard Bureau and the National Guard Joint Staff.
(c) Repeal of Superseded Limitations.--The following
provisions are repealed:
(1) Section 601 of the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (10 U.S.C. 194 note).
(2) Section 1111 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (10 U.S.C. 143 note).
(d) Modification of Limitations on Number of Personnel in
OSD and Other DoD Headquarters.--
(1) OSD.--Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``3,767'' and inserting
``4,000''; and
(B) in subsection (b), by striking ``, civilian, and
detailed personnel'' and inserting ``and civilian
personnel''.
(2) Joint staff.--
(A) In general.--Section 155(h) of such title is amended--
(i) in paragraph (1), by striking ``2,069'' and inserting
``2,250''; and
(ii) in paragraph (2), by striking ``1,500'' and inserting
``1,600''.
(B) Effective date.--The amendments made by subparagraph
(A) shall take effect on December 31, 2019, immediately after
the coming into effect of the amendment made by section
903(b) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2344), to which such
amendments relate
(3) Office of secretary of the army.--Section 7014(f) of
title 10, United States Code, is amended--
(A) in paragraph (1), by striking ``3,105'' and inserting
``3,250''; and
(B) in paragraph (2), by striking ``1,865'' and inserting
``1,900''.
(4) Office of secretary of the navy.--Section 8014(f) of
such title is amended--
(A) in paragraph (1), by striking ``2,866'' and inserting
``3,000''; and
(B) in paragraph (2), by striking ``1,720'' and inserting
``1,800''.
(5) Office of secretary of the air force.--Section 9014(f)
of such title is amended--
(A) in paragraph (1), by striking ``2,639'' and inserting
``2,750''; and
(B) in paragraph (2), by striking ``1,585'' and inserting
``1,650''.
(e) Sunset of Reduction in Funding for DoD Headquarters,
Administrative, and Support Activities.--Section 346 of the
National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 111 note) is amended by adding at the end the
following new subsection:
``(c) Sunset.--No action is required under this section
with respect to any fiscal year after fiscal year 2019.''.
SEC. 902. RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR
ACQUISITION AND SUSTAINMENT FOR PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) In General.--Section 2411(3) of title 10, United States
Code, is amended by striking ``Secretary of Defense acting
through the Director of the Defense Logistics Agency'' and
inserting ``Secretary of Defense acting through the Under
Secretary of Defense for Acquisition and Sustainment''.
(b) Authority to Pay Administrative and Other Costs.--
Section 2417 of title 10, United States Code, is amended by
striking ``Director of the Defense Logistics Agency'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE
DEPARTMENT OF DEFENSE OF RESPONSIBILITY FOR
BUSINESS SYSTEMS AND RELATED MATTERS.
(a) Return of Responsibility.--
(1) In general.--Section 142(b)(1) of title 10, United
States Code, is amended by striking ``systems and'' each
place it appears in subparagraphs (A), (B), and (C).
(2) Conforming amendments to cmo authorities.--Section
132a(b) of such title is amended--
(A) in paragraph (2), by striking ``performance measurement
and management, and business information technology
management and improvement activities and programs'' and
inserting ``and performance measurement and management
activities and programs'';
(B) by striking paragraphs (4) and (5); and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(b) Chief Data Officer Responsibility for DoD Data Sets.--
(1) In general.--In addition to any other functions and
responsibilities specified in section 3520(c) of title 44,
United States, Code, the Chief Data Officer of the Department
of Defense shall also be the official in the Department of
Defense with principal responsibility for providing for the
availability of common, usable, Defense-wide data sets.
(2) Access to all dod data.--In order to carry out the
responsibility specified in paragraph (1), the Chief Data
Officer shall have access to all Department of Defense data,
including data in connection with warfighting missions and
back-office data.
(3) Responsible to cio.--The Chief Data Officer shall
report directly to the Chief Information Officer of the
Department of Defense in the performance of the
responsibility specified in paragraph (1).
(4) Report.--Not later than December 1, 2019, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
setting forth such recommendations for legislative or
administrative action as the Secretary considers appropriate
to carry out this subsection.
SEC. 904. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY
PRINCIPAL CYBER ADVISOR.
(a) Advisor.--
(1) In general.--The Under Secretary of Defense for Policy
shall, acting through the Joint Staff, designate an officer
within the Office of the Under Secretary of Defense for
Policy to serve within that Office as the Senior Military
Advisor for Cyber Policy, and concurrently, as the Deputy
Principal Cyber Advisor.
(2) Officers eligible for designation.--The officer
designated pursuant to this subsection shall be designated
from among commissioned regular officers of the Armed Forces
in a general or flag officer grade who are qualified for
designation
(3) Grade.--The officer designated pursuant to this
subsection shall have the grade of major general or rear
admiral while serving in that position, without vacating the
officer's permanent grade.
(b) Scope of Positions.--
(1) In general.--The officer designated pursuant to
subsection (a) is each of the following:
(A) The Senior Military Advisor for Cyber Policy to the
Under Secretary of Defense for Policy.
(B) The Deputy Principal Cyber Advisor to the Under
Secretary of Defense for Policy.
(2) Direction and control and reporting.--In carrying out
duties under this section, the officer designed pursuant to
subsection (a) shall be subject to the authority, direction,
and control of, and shall report directly to, the following:
(A) The Under Secretary with respect to Senior Military
Advisor for Cyber Policy duties.
(B) The Principal Cyber Advisor with respect to Deputy
Principal Cyber Advisor duties.
(c) Duties.--
(1) Duties as senior military advisor for cyber policy.--
The duties of the officer designated pursuant to subsection
(a) as Senior Military Advisor for Cyber Policy are as
follows:
(A) To serve as the principal uniformed military advisor on
military cyber forces and activities to the Under Secretary
of Defense for Policy.
(B) To assess and advise the Under Secretary on aspects of
policy relating to military cyberspace operations, resources,
personnel, cyber force readiness, cyber workforce
development, and defense of Department of Defense networks.
(C) To advocate, in consultation with the Joint Staff, and
senior officers of the Armed Forces and the combatant
commands, for consideration of military issues within the
Office of the Under Secretary of Defense for Policy,
including coordination and synchronization of Department
cyber forces and activities.
(D) To maintain open lines of communication between the
Chief Information Officer of the Department of Defense,
senior civilian leaders within the Office of the Under
Secretary, and senior officers on the Joint Staff, the Armed
Forces, and the combatant commands on cyber matters, and to
ensure that military leaders are informed on cyber policy
decisions.
(2) Duties as deputy principal cyber advisor.--The duties
of the officer designated pursuant to subsection (a) as
Deputy Principal Cyber Advisor are as follows:
(A) To synchronize, coordinate, and oversee implementation
of the Cyber Strategy of the Department of Defense and other
relevant policy and planning.
(B) To advise the Secretary of Defense on cyber programs,
projects, and activities of the Department, including with
respect to policy, training, resources, personnel, manpower,
and acquisitions and technology.
(C) To oversee implementation of Department policy and
operational directives on cyber programs, projects, and
activities, including with respect to resources, personnel,
manpower, and acquisitions and technology.
(D) To assist in the overall supervision of Department
cyber activities relating to offensive missions.
(E) To assist in the overall supervision of Department
defensive cyber operations, including activities of
component-level cybersecurity service providers and the
integration of such activities with activities of the Cyber
Mission Force.
(F) To advise senior leadership of the Department on, and
advocate for, investment in capabilities to execute
Department missions in and through cyberspace.
(G) To identify shortfalls in capabilities to conduct
Department missions in and through cyberspace, and make
recommendations on addressing such shortfalls in the Program
Budget Review process.
(H) To coordinate and consult with stakeholders in the
cyberspace domain across the Department in order to identify
other issues on cyberspace for the attention of senior
leadership of the Department.
(I) On behalf of the Principal Cyber Advisor, to lead the
cross-functional team established pursuant to 932(c)(3) of
the National Defense Authorization Act for Fiscal Year 2014
(10 U.S.C. 2224 note) in order to synchronize and coordinate
military and civilian cyber forces and activities of the
Department.
[[Page S3907]]
SEC. 905. LIMITATION ON TRANSFER OF STRATEGIC CAPABILITIES
OFFICE.
(a) Limitation.--The Under Secretary of Defense for
Research and Engineering may not transfer the Strategic
Capabilities Office or change the reporting structure of the
Office, as in effect on the day before the date of the
enactment of this Act, until the Secretary of Defense, acting
through the Chief Management Officer and the Under Secretary
of Defense for Research and Engineering and in consultation
with the United States Indo-Pacific, Europe, and Special
Operations Command, submits the report required by subsection
(b)(1).
(b) Report.--
(1) In general.--The Secretary shall submit to the
congressional defense committees a report that evaluates the
following options for transferring the Office:
(A) Transferring the Office so that the Director of the
Office reports directly to the Under Secretary of Defense for
Acquisition and Sustainment.
(B) Maintaining the arrangement in effect on the day before
the date of the enactment of this Act such that the Director
continues to report to the Under Secretary of Defense for
Research and Engineering.
(C) Transferring the Office to the Defense Advanced
Research Projects Agency.
(D) Such other options as the Under Secretary may identify.
(2) Contents.--The report submitted under paragraph (1)
shall include, for each option evaluated under such
paragraph, an evaluation of whether the option considered
will provide for--
(A) responding to the critical needs of combatant
commanders;
(B) augmentation of cross-Department of Defense efforts
with respect to developing strategic capabilities;
(C) developing new and innovative ways to counter advanced
threats;
(D) providing sound technical and program management for
activities of the Strategic Capabilities Office;
(E) coordinating appropriately with other research and
technology development activities of the Department; and
(F) partnering with and responding to senior leadership
across the Department.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 911. ASSISTANT SECRETARIES OF THE MILITARY DEPARTMENTS
FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT.
(a) Assistant Secretary of the Army.--Section 7016(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6) One of the Assistant Secretaries shall be the
Assistant Secretary of the Army for Energy, Installations,
and Environment.''.
(b) Assistant Secretary of the Navy.--Section 8016(b) of
such title is amended by adding at the end the following new
paragraph:
``(5) One of the Assistant Secretaries shall be the
Assistant Secretary of the Navy for Energy, Installations,
and Environment.''.
(c) Assistant Secretary of the Air Force.--Section 9016(b)
of such title is amended by adding at the end the following
new paragraph:
``(5) One of the Assistant Secretaries shall be the
Assistant Secretary of the Air Force for Energy,
Installations, and Environment.''.
SEC. 912. REPEAL OF CONDITIONAL DESIGNATION OF EXPLOSIVE
ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH OF
THE ARMY.
Section 582 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1415) is
repealed, and the amendment otherwise provided for by
subsection (a) of that section shall not be made.
Subtitle C--Other Matters
SEC. 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.
Section 932(f)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1935; 10 U.S.C. prec. 1580 note) is amended by
adding at the end the following new sentence: ``An individual
appointed pursuant to this paragraph shall not count against
the limitation on the number of Office of the Secretary of
Defense personnel in section 143 of title 10, United States
Code, or any similar limitation in law on the number of
personnel in headquarters of the Department that would
otherwise apply to the office or headquarters to which
appointed.''.
SEC. 922. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN
CASUALTY POLICY OF THE DEPARTMENT OF DEFENSE.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report, in unclassified
form, on the resources necessary over the period of the
future-years defense plan for fiscal year 2020 under section
221 of title United States Code, to fulfill the requirements
of section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232l
132 Stat. 1939; 10 U.S.C. 134 note) and fully implement
policies developed as a result of such section.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2020 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL
REPORTS ON EMERGENCY AND EXTRAORDINARY EXPENSES
OF THE DEPARTMENT OF DEFENSE.
Paragraph (2) of section 127(d) of title 10, United States
Code, is amended to read as follows:
``(2) Each report submitted under paragraph (1) shall
include, for each individual expenditure covered by such
report in an amount in excess of $20,000, the following:
``(A) A detailed description of the purpose of such
expenditure.
``(B) The amount of such expenditure.
``(C) An identification of the approving authority for such
expenditure.
``(D) A justification why other authorities available to
the Department could not be used for such expenditure.
``(E) Any other matters the Secretary considers
appropriate.''.
SEC. 1003. INCLUSION OF MILITARY CONSTRUCTION PROJECTS IN
ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE
ARMED FORCES AND THE COMBATANT COMMANDS.
(a) Inclusion of Military Construction Projects Among
Unfunded Priorities.--Subsection (d) of section 222a of title
10, United States Code, is amended in the matter preceding
paragraph (1) by inserting ``, including a military
construction project,'' after ``program, activity, or mission
requirement''.
(b) Order of Urgency of Priority.--Paragraph (2) of
subsection (c) of such section is amended to read as follows:
``(2) Prioritization of priorities.--Each report shall
present the unfunded priorities covered by such report as
follows:
``(A) In overall order of urgency of priority.
``(B) In overall order of urgency of priority among
unfunded priorities (other than military construction
projects).
``(C) In overall order of urgency of priority among
military construction projects.''.
SEC. 1004. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR
SUBMITTAL TO CONGRESS OF OUT-YEAR UNCONSTRAINED
TOTAL MUNITIONS REQUIREMENTS AND OUT-YEAR
INVENTORY NUMBERS.
Section 222c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Prohibition on Delegation of Submittal
Responsibility.--The responsibility of the chief of staff of
an armed force in subsection (a) to submit a report may not
be delegated outside the armed force concerned.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' in paragraph (6) and inserting
``subsection (d)''.
SEC. 1005. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL
IMPROVEMENT AND AUDIT REMEDIATION PLAN ON
ACTIVITIES WITH RESPECT TO CLASSIFIED PROGRAMS.
Section 240b(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (B), by adding at the end the following
new clause:
``(ix) A description of audit activities and results for
classified programs, including a description of the use of
procedures and requirements to prevent unauthorized exposure
of classified information in such activities.''; and
[[Page S3908]]
(2) in subparagraph (C)(i), by inserting ``or (ix)'' after
``clause (vii)''.
SEC. 1006. MODIFICATION OF SEMIANNUAL BRIEFINGS ON THE
CONSOLIDATED CORRECTIVE ACTION PLAN OF THE
DEPARTMENT OF DEFENSE FOR FINANCIAL MANAGEMENT
INFORMATION.
(a) In General.--Paragraph (2) of section 240b(b) of title
10, United States Code, is amended to read as following:
``(2) Semiannual briefings.--
``(A) In general.--Not later than February 28 and September
30 each year, the Under Secretary of Defense (Comptroller)
and the comptrollers of the military departments shall
provide a briefing to the congressional defense committees on
the status of the consolidated corrective action plan
referred to in paragraph (1)(B)(i) as of the end of the most
recent calendar half-year ending before such briefing.
``(B) Elements.--Each briefing under subparagraph (A) shall
include the following:
``(i) The absolute number, and the percentage, of personnel
performing the amount of auditing or audit remediation
services being performed by professionals meeting the
qualifications described in section 240d(b) of this title as
of the last day of the calendar half-year covered by such
briefing.
``(ii) With respect to each finding and recommendation
issued in connection with the audit of the financial
statements of a department, agency, component, or other
element of the Department of Defense, or the Department of
Defense as a whole, that was received by the Department
during the calendar half-year covered by such briefing, each
of the following:
``(I) A description of the manner in which the corrective
action plan of such department, agency, component, or element
and the corrective action plan of the Department as a whole,
or the corrective action plan of the Department as a whole
(in the case of a finding or recommendation regarding the
Department as a whole), has been modified in order to
incorporate such finding or recommendation into such plans or
plan.
``(II) An identification of the processes, systems,
procedures, and technologies required to implement such
corrective action plans or plan, as so modified.
``(III) A determination of the funds required to procure,
obtain, or otherwise implement each process, system, and
technology identified pursuant to subclause (II).
``(IV) An identification the manner in which such
corrective action plans or plan, as so modified, support the
National Defense Strategy (NDS) of the United States.''.
(b) Technical Amendment.--Paragraph (1)(B)(i) of such
section is amended by striking ``section 253a'' and inserting
``section 240c''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to calender half-years that end
on or after that date.
SEC. 1007. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT
OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT
FUND.
(a) Renaming as Account.--
(1) In general.--Section 1705 of title 10, United States
Code, is amended--
(A) in subsection (a), by striking ``the `Department of
Defense Acquisition Workforce Development Fund' (in this
section referred to as the `Fund')'' and inserting ``the
`Department of Defense Acquisition Workforce Development
Account' (in this section referred to as the `Account')'';
and
(B) by striking ``Fund'' each place it appears (other than
subsection (e)(6)) and inserting ``Account''.
(2) Conforming and clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1705. Department of Defense Acquisition Workforce
Development Account''.
(B) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 87 of such title is
amended by striking the item relating to section 1705 and
inserting the following new item:
``1705. Department of Defense Acquisition Workforce Development
Account.''.
(b) Management.--Such section is further amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place it appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(c) Appropriations as Sole Elements of Account.--Subsection
(d) of such section is amended to read as follows:
``(d) Elements.--The Account shall consist of amounts
appropriated to the Account by law.''.
(d) Availability of Amounts in Account.--Subsection (e)(6)
of such section is amended by striking ``credited to the
Fund'' and all that follows and inserting ``appropriated to
the Account pursuant to subsection (d) shall remain available
for expenditure for the fiscal year in which appropriated and
the succeeding fiscal year.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on October 1, 2019, and shall apply with respect
to fiscal years that begin on or after that date.
(2) Duration of availability of previously deposited
funds.--Nothing in the amendments made by this section shall
modify the duration of availability of amounts in the
Department of Defense Acquisition Workforce Development Fund
that were appropriated or credited to, or deposited, in the
Fund, before October 1, 2019, as provided for in section
1705(e)(6) of title 10, United States Code, as in effect on
the day before such date.
Subtitle B--Counterdrug Activities
SEC. 1011. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.
Section 1021(a)(1) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2042), as most recently amended by section 1011(1)
of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1545), is further amended
by striking ``organizations designated as'' and all that
follows and inserting ``terrorist organizations or other
illegally armed groups that the Secretary of Defense, with
the concurrence of the Secretary of State, determines pose a
threat to the national security interests of the United
States.''.
SEC. 1012. TWO-YEAR EXTENSION OF AUTHORITY FOR JOINT TASK
FORCES TO PROVIDE SUPPORT TO LAW ENFORCEMENT
AGENCIES CONDUCTING COUNTER-TERRORISM
ACTIVITIES.
Section 1022(b) of the National Defense Authorization Act
for Fiscal Year 2004 (10 U.S.C. 271 note) is amended by
striking ``2020'' and inserting ``2022''.
Subtitle C--Naval Vessels and Shipyards
SEC. 1016. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS
USING FUNDS IN NATIONAL DEFENSE SEALIFT FUND.
(a) In General.--Section 2218(f)(3)(E) of title 10, United
States Code, is amended--
(1) in clause (i), by striking ``ten new sealift vessels''
and inserting ``ten new vessels that are sealift vessels,
auxiliary vessels, or a combination of such vessels''; and
(2) in clause (ii), by striking ``sealift''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2019, and shall apply with
respect to fiscal years beginning on or after that date.
SEC. 1017. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL
CLASS.
(a) Senior Technical Authority for Each Class Required.--
Chapter 863 of title 10, United States Code, is amended by
inserting after section 8669a the following new section:
``Sec. 8669b. Senior Technical Authority for each naval
vessel class
``(a) Senior Technical Authority.--
``(1) Designation for each vessel class required.--The
Secretary of the Navy shall designate, in writing, a Senior
Technical Authority for each class of naval vessels as
follows:
``(A) In the case of a class of vessels which has received
Milestone A approval, an approval to enter into technology
maturation and risk reduction, or an approval to enter into a
subsequent Department of Defense or Department of the Navy
acquisition phase as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, not
later than 30 days after such date of enactment.
``(B) In the case of any class of vessels which has not
received any approval described in subparagraph (A) as of
such date of enactment, at or before the first of such
approvals.
``(2) Prohibition on delegation.--The Secretary may not
delegate designations under paragraph (1).
``(3) Individuals eligible for designation.--Each
individual designated as a Senior Technical Authority under
paragraph (1) shall be an employee of the Navy in the Senior
Executive Service in an organization of the Navy that--
``(A) possesses the technical expertise required to carry
out the responsibilities specified in subsection (b); and
``(B) operates independently of chains-of-command for
acquisition program management.
``(4) Term.--Each Senior Technical Authority shall be
designated for a term, not fewer than six years, specified by
the Secretary at the time of designation.
``(5) Removal.--An individual may be removed involuntarily
from designation as a Senior Technical Authority only by the
Secretary. Not later than 15 days after the involuntary
removal of an individual from designation as a Senior
Technical Authority, the Secretary shall notify, in writing,
the congressional defense committees of the removal,
including the reasons for the removal.
``(b) Responsibilities and Authority.--Each Senior
Technical Authority shall be responsible for, and have the
authority to, establish, monitor, and approve technical
standards, tools, and processes for the class of naval
vessels for which designated under this section in
conformance with applicable Department of Defense and
Department of the Navy policies, requirements, architectures,
and standards.
``(c) Limitation on Obligation of Funds on Lead Vessel in
Vessel Class.--
``(1) In general.--On or after October 1, 2020, funds
authorized to be appropriated for Shipbuilding and
Conversion, Navy or Other Procurement, Navy may not be
obligated for the first time on the lead vessel in a class of
naval vessels unless the Secretary of the Navy certifies as
described in paragraph (2).
``(2) Certification elements.--The certification on a class
of naval vessels described in
[[Page S3909]]
this paragraph is a certification containing each of the
following:
``(A) The name of the individual designated as the Senior
Technical Authority for such class of vessels, and the
qualifications and professional biography of the individual
so designated.
``(B) A description by the Senior Technical Authority of
the systems engineering, technology, and ship integration
risks for such class of vessels.
``(C) The designation by the Senior Technical Authority of
each critical hull, mechanical, electrical, propulsion, and
combat system of such class of vessels, including systems
relating to power generation, power distribution, and key
operational mission areas.
``(D) The date on which the Senior Technical Authority
approved the systems engineering, engineering development,
and land-based engineering and testing plans for such class
of vessels.
``(E) A description by the Senior Technical Authority of
the key technical knowledge objectives and demonstrated
system performance of each plan approved as described in
subparagraph (D).
``(F) A determination by the Senior Technical Authority
that such plans are sufficient to achieve thorough technical
knowledge of critical systems of such class of vessels before
the start of detail design and construction.
``(G) A determination by the Senior Technical Authority
that actual execution of activities in support of such plans
as of the date of the certification have been and continue to
be effective and supportive of the acquisition schedule for
such class of vessels.
``(H) A description by the Senior Technical Authority of
other technology maturation and risk reduction efforts not
included in such plans for such class of vessels taken as of
the date of the certification.
``(I) A certification by the Senior Technical Authority
that each critical system covered by subparagraph (C) has
been demonstrated through testing of a prototype or identical
component in its final form, fit, and function in a realistic
environment.
``(J) A determination by the Secretary that the plans
approved as described in subparagraph (D) are fully funded
and will be fully funded in the future-years defense program
for the fiscal year beginning in the year in which the
certification is submitted.
``(K) A determination by the Secretary that the Senior
Technical Authority will approve, in writing, the ship
specification for such class of vessels before the request
for proposals for detail design, construction, or both, as
applicable, is released.
``(3) Deadline for submittal of certification.--The
certification required by this subsection with respect to a
class of naval vessels shall be submitted, in writing, to the
congressional defense committees not fewer than 30 days
before the Secretary obligates for the first time funds
authorized to be appropriated for Shipbuilding and
Conversion, Navy or Other Procurement, Navy for the lead
vessel in such class of naval vessels.
``(d) Definitions.--In this section:
``(1) The term `class of naval vessels'--
``(A) means any group of similar undersea or surface craft
procured with Shipbuilding and Conversion, Navy or Other
Procurement, Navy funds, including manned, unmanned, and
optionally-manned craft; and
``(B) includes--
``(i) a substantially new class of craft (including craft
procured using `new start' procurement); and
``(ii) a class of craft undergoing a significant
incremental change in its existing class (such as a next
`flight' of destroyers or next `block' of attack submarines).
``(2) The term `future-years defense program' has the
meaning given that term in section 221 of this title.
``(3) The term `Milestone A approval' has the meaning given
that term in section 2431a of this title.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 863 of such title is amended by
inserting after the item relating to section 8669a the
following new item:
``8669b. Senior Technical Authority for each naval vessel class.''.
SEC. 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).
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.
Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 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.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 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.
Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-232)
is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1551), as
amended by section 1032 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is further amended by striking ``or 2019'' and
inserting ``, 2019, or 2020''.
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.
(a) Temporary Transfer for Medical Treatment.--
Notwithstanding section 1033 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), or any similar provision of law enacted after
September 30, 2015, the Secretary of Defense may, after
consultation with the Secretary of Homeland Security,
temporarily transfer an individual detained at Guantanamo to
a Department of Defense medical facility in the United States
for the sole purpose of providing the individual medical
treatment if the Secretary of Defense determines that--
(1) the medical treatment of the individual is necessary to
prevent death or imminent significant injury or harm to the
health of the individual;
(2) the necessary medical treatment is not available to be
provided at United States Naval Station, Guantanamo Bay,
Cuba, without incurring excessive and unreasonable costs; and
(3) the Department of Defense has provided for appropriate
security measures for the custody and control of the
individual during any period in which the individual is
temporarily in the United States under this section.
(b) Limitation on Exercise of Authority.--The authority of
the Secretary of Defense under subsection (a) may be
exercised only by the Secretary of Defense or another
official of the Department of Defense at the level of Under
Secretary of Defense or higher.
(c) Conditions of Transfer.--An individual who is
temporarily transferred under the authority in subsection (a)
shall--
(1) while in the United States, remain in the custody and
control of the Secretary of Defense at all times; and
(2) be returned to United States Naval Station, Guantanamo
Bay, Cuba, as soon as feasible after a Department of Defense
physician determines, in consultation with the Commander,
Joint Task Force-Guantanamo Bay, Cuba, that any necessary
follow-up medical care may reasonably be provided the
individual at United States Naval Station, Guantanamo Bay.
(d) Status While in United States.--An individual who is
temporarily transferred under the authority in subsection
(a), while in the United States--
(1) shall be deemed at all times and in all respects to be
in the uninterrupted custody of the Secretary of Defense, as
though the individual remained physically at United States
Naval Station, Guantanamo Bay, Cuba;
(2) shall not at any time be subject to, and may not apply
for or obtain, or be deemed to enjoy, any right, privilege,
status, benefit, or eligibility for any benefit under any
provision of the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)), or any other law or regulation;
(3) shall not be permitted to avail himself of any right,
privilege, or benefit of any law of the United States beyond
those available to individuals detained at United States
Naval Station, Guantanamo Bay; and
(4) shall not, as a result of such transfer, have a change
in any designation that may have attached to that detainee
while detained at United States Naval Station, Guantanamo
Bay, pursuant to the Authorization for Use of Military Force
(Public Law 107-40), as determined in accordance with
applicable law and regulations.
(e) No Cause of Action.--Any decision to transfer or not to
transfer an individual made under the authority in subsection
(a) shall not give rise to any claim or cause of action.
(f) Limitation on Judicial Review.--
(1) Limitation.--Except as provided in paragraph (2), no
court, justice, or judge shall have jurisdiction to hear or
consider any claim or action against the United States or its
departments, agencies, officers, employees, or agents arising
from or relating to any aspect of the detention, transfer,
treatment, or conditions of confinement of an individual
transferred under this section.
(2) Exception for habeas corpus.--The United States
District Court for the District of Columbia shall have
exclusive jurisdiction to consider an application for writ of
habeas corpus seeking release from custody filed by or on
behalf of an individual who is in the United States pursuant
to a temporary
[[Page S3910]]
transfer under the authority in subsection (a). Such
jurisdiction shall be limited to that required by the
Constitution, and relief shall be only as provided in
paragraph (3). In such a proceeding the court may not review,
halt, or stay the return of the individual who is the object
of the application to United States Naval Station, Guantanamo
Bay, Cuba, pursuant to subsection (c).
(3) Relief.--A court order in a proceeding covered by
paragraph (2)--
(A) may not order the release of the individual within the
United States; and
(B) shall be limited to an order of release from custody
which, when final, the Secretary of Defense shall implement
in accordance with section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 801 note).
(g) Notification.--Whenever a temporary transfer of an
individual detained at Guantanamo is made under the authority
of subsection (a), the Secretary of Defense shall notify the
Committees on Armed Services of the Senate and the House of
Representatives of the transfer not later than five days
after the date on which the transfer is made.
(h) Individual Detained at Guantanamo Defined.--In this
section, the term ``individual detained at Guantanamo'' means
an individual located at United States Naval Station,
Guantanamo Bay, Cuba, as of October 1, 2009, who--
(1) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(2) is--
(A) in the custody or under the control of the Department
of Defense; or
(B) otherwise detained at United States Naval Station,
Guantanamo Bay.
(i) Applicability.--This section shall apply to an
individual temporarily transferred under the authority in
subsection (a) regardless of the status of any pending or
completed proceeding or detention on the date of the
enactment of this Act.
SEC. 1026. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Chief Medical Officer.--
(1) In general.--There shall be at United States Naval
Station, Guantanamo Bay, Cuba, a Chief Medical Officer of
United States Naval Station, Guantanamo Bay (in this section
referred to as the ``Chief Medical Officer'').
(2) Grade.--The individual serving as Chief Medical Officer
shall be an officer of the Armed Forces who holds a grade not
below the grade of colonel, or captain in the Navy.
(3) Chain of command.--The Chief Medical Officer shall
report to the Assistant Secretary of Defense for Health
Affairs in the performance of duties and the exercise of
powers of the Chief Medical Officer under this section.
(b) Duties.--
(1) In general.--The Chief Medical Officer shall oversee
the provision of medical care to individuals detained at
Guantanamo.
(2) Quality of care.--The Chief Medical Officer shall
ensure that medical care provided as described in paragraph
(1) meets applicable standards of care.
(c) Powers.--
(1) In general.--The Chief Medical Officer shall make
medical determinations relating to medical care for
individuals detained at Guantanamo, including--
(A) decisions regarding assessment, diagnosis, and
treatment; and
(B) determinations concerning medical accommodations to
living conditions and operating procedures for detention
facilities.
(2) Resolution of declination to follow determinations.--If
the commander of Joint Task Force Guantanamo declines to
follow a determination of the Chief Medical Officer under
paragraph (1), the matter covered by such determination shall
be jointly resolved by the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict and the
Assistant Secretary of Defense for Health Affairs not later
than seven days after receipt of notification of the matter
by either Assistant Secretary.
(3) Security clearances.--The appropriate departments or
agencies of the Federal Government shall, to the extent
practicable in accordance with existing procedures and
requirements, process expeditiously any application and
adjudication for a security clearance required by the Chief
Medical Officer to carry out the Chief Medical Officer's
duties and powers under this section.
(d) Access to Individuals, Information, and Assistance.--
(1) In general.--The Chief Medical Officer may secure
directly from the Department of Defense access to any
individual, information, or assistance that the Chief Medical
Officer considers necessary to enable the Chief Medical
Officer to carry out this section, including full access to
the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(2) Access upon request.--Upon request of the Chief Medical
Officer, the Department shall make available to the Chief
Medical Officer on an expeditious basis access to
individuals, information, and assistance as described in
paragraph (1).
(3) Lack of expeditious availability.--If access to
individuals, information, or assistance is not made available
to the Chief Medical Officer upon request on an expeditious
basis as required by paragraph (2), the Chief Medical Officer
shall notify the Assistant Secretary of Defense for Health
Affairs, who shall take actions to resolve the matter
expeditiously.
(e) Definitions.--In this section:
(1) Individual detained at guantanamo defined.--The term
``individual detained at Guantanamo'' means an individual
located at United States Naval Station, Guantanamo Bay, Cuba,
as of October 1, 2009, who--
(A) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(B) is--
(i) in the custody or under the control of the Department
of Defense; or
(ii) otherwise detained at United States Naval Station,
Guantanamo Bay.
(2) Medical care.--The term ``medical care'' means physical
and mental health care.
(3) Standard of care.--The term ``standard of care'' means
evaluation and treatment that is accepted by medical experts
and reflected in peer-reviewed medical literature as the
appropriate medical approach for a condition, symptoms,
illness, or disease and that is widely used by healthcare
professionals.
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.
(a) Clarification.--
(1) In general.--Subchapter IV of chapter 47A of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 949o-1. Contempt
``(a) Authority to Punish.--(1) With respect to any
proceeding under this chapter, a judicial officer specified
in paragraph (2) may punish for contempt any person who--
``(A) uses any menacing word, sign, or gesture in the
presence of the judicial officer during the proceeding;
``(B) disturbs the proceeding by any riot or disorder; or
``(C) willfully disobeys a lawful writ, process, order,
rule, decree, or command issued with respect to the
proceeding.
``(2) A judicial officer referred to in paragraph (1) is
any of the following:
``(A) Any judge of the United States Court of Military
Commission Review.
``(B) Any military judge detailed to a military commission
or any other proceeding under this chapter.
``(b) Punishment.--The punishment for contempt under
subsection (a) may not exceed confinement for 30 days, a fine
of $1,000, or both.
``(c) Review.--(1) A punishment under this section--
``(A) is not reviewable by the convening authority of a
military commission under this chapter;
``(B) if imposed by a military judge, shall constitute a
judgment, subject to review in the first instance only by the
United States Court of Military Commission Review and then
only by the United States Court of Appeals for the District
of Columbia Circuit; and
``(C) if imposed by a judge of the United States Court of
Military Commission Review, shall constitute a judgment of
the court subject to review only by the United States Court
of Appeals for the District of Columbia Circuit.
``(2) In reviewing a punishment for contempt imposed under
this section, the reviewing court shall affirm such
punishment unless the court finds that imposing such
punishment was an abuse of the discretion of the judicial
officer who imposed such punishment.
``(3) A petition for review of punishment for contempt
imposed under this section shall be filed not later than 60
days after the date on which the authenticated record upon
which the contempt punishment is based and any contempt
proceedings conducted by the judicial officer are served on
the person punished for contempt.
``(d) Punishment Not Conviction.--Punishment for contempt
is not a conviction or sentence within the meaning of section
949m of this title. The imposition of punishment for contempt
is not governed by other provisions of this chapter
applicable to military commissions, except that the Secretary
of Defense may prescribe procedures for contempt proceedings
and punishments, pursuant to the authority provided in
section 949a of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of such chapter is amended by
adding at the end the following new item:
``949o-1. Contempt.''.
(b) Conforming Amendments.--Section 950t of title 10,
United States Code, is amended--
(1) by striking paragraph (31); and
(2) by redesignating paragraph (32) as paragraph (31).
(c) Rule of Construction.--The amendments made by
subsections (a) and (b) shall not be construed to affect the
lawfulness of any punishment for contempt adjudged prior to
the effective date of such amendments.
(d) Applicability.--The amendments made by subsections (a)
and (b) shall take effect on
[[Page S3911]]
the date of the enactment of this Act, and shall apply with
respect to conduct by a person that occurs on or after such
date.
SEC. 1032. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON
COLLECTIVE SELF-DEFENSE.
(a) Comprehensive Policy Required.--The Secretary of
Defense shall prescribe a comprehensive written policy for
the Department of Defense on the issuance of authorization
for, and the provision by members and units of the United
States Armed Forces of, collective self-defense to designated
foreign nationals, their facilities, and their property.
(b) Elements.--The policy required by subsection (a) shall
address the following:
(1) Each basis under domestic and international law
pursuant to which a member or unit of the United States Armed
Forces has been or may be authorized to provide collective
self-defense to designated foreign nationals, their
facilities, or their property under each circumstance as
follows:
(A) Inside an area of active hostilities, or in a country
or territory in which United States forces are authorized to
conduct or support direct action operations.
(B) Outside an area of active hostilities, or in a country
or territory in which United States forces are not authorized
to conduct direct action military operations.
(C) When United States personnel, facilities, or equipment
are not threatened, including both as described in
subparagraph (A) and as described in subparagraph (B).
(D) When members of the United States Armed Forces are not
participating in a military operation as part of an
international coalition.
(E) Any other circumstance not encompassed by subparagraphs
(A) through (D) in which a member or unit of the United
States Armed Forces has been or may be authorized to provide
such collective self-defense.
(2) A list and explanation of any limitations imposed by
law or policy on the provision of collective self-defense to
designated foreign nationals, their facilities, and their
property under any of the bases in domestic or international
law in the circumstances enumerated in paragraph (1), and the
conditions under which any such limitation applies.
(3) The procedure by which a proposal that any member or
unit of the United States Armed Forces provide collective
self-defense in support of designated foreign nationals,
their facilities, and their property is to be submitted,
processed, and endorsed through offices, officers, and
officials of the Department to the applicable approval
authority for final decision, and a list of any information,
advice, or opinion to be included with such proposal in order
to inform appropriate action on such proposal by such
approval authority.
(4) The title and duty position of any officers and
officials of the Department empowered to render a final
decision on a proposal described in paragraph (3), and the
conditions applicable to, and limitations on, the exercise of
such decisionmaking authority by each such officer or
official.
(5) A description of the Rules of Engagement applicable to
the provision of collective self-defense to designated
foreign nationals, their facilities, and their property under
any of the bases in domestic or international law in the
circumstances enumerated in paragraph (1), and the conditions
under which any such Rules of Engagement would be modified.
(6) A description of the process through which policy
guidance pertaining to the authorization for, and the
provision by members of the United States Armed Forces of,
collective self-defense to designated foreign nationals,
their facilities, and their property is to be disseminated to
the level of tactical execution.
(7) Such other matters as the Secretary considers
appropriate.
(c) Report on Policy.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the
policy required by subsection (a).
(2) DoD general counsel statement.--The Secretary shall
include in the report under paragraph (1) a statement by the
General Counsel of the Department of Defense as to whether
the policy prescribed pursuant to subsection (a) is
consistent with domestic and international law.
(3) Form.--The report required by paragraph (1) may be
submitted in classified form.
(d) Briefing on Policy.--Not later than 30 days after the
date of the submittal of the report required by subsection
(c), the Secretary shall provide the congressional defense
committees a classified briefing on the policy prescribed
pursuant to subsection (a). The briefing shall make use of
vignettes designated to illustrate real world application of
the policy in each the circumstances enumerated in subsection
(b)(1).
SEC. 1033. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS.
(a) Review of Execute Orders.--Upon a written request by
the Chairman or Ranking Member of a congressional defense
committee, the Secretary of Defense shall provide the
committee, including appropriately designated staff of the
committee, with an execute order approved by the Secretary or
the commander of a combatant command for reveiw within 30
days of receiving the written request.
(b) Exception.--
(1) In general.--In extraordinary circumstances necessary
to protect operations security, the sensitivity of the
execute order, or other appropriate considerations, the
Secretary may limit review of an execute order.
(2) Summary and other information.--In extraordinary
circumstances described in paragraph (1) with respect to an
execute order, the Secretary shall provide the committee
concerned, including appropriately designated staff of the
committee, a detailed summary of the execute order and other
information necessary for the conduct of the oversight duties
of the committee within 30 days of receiving the written
request under subsection (a).
SEC. 1034. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN
CERTAIN COMPANIES BY DEPARTMENT OF DEFENSE
OFFICERS AND EMPLOYEES.
(a) Prohibition on Ownership and Trading by Certain Senior
Officials.--
(1) Prohibition.--An official of the Department of Defense
described in paragraph (2) may not own or trade a publicly
traded stock of a company if, during the preceding calendar
year, the company received more than $1,000,000,000 in
revenue from the Department of Defense, including through one
or more contracts with the Department.
(2) Department of defense officials.--An official of the
Department of Defense described in this paragraph is any
current Department of Defense official described by section
847(c) of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 1701 note).
(3) Administrative actions.--In the event that an official
of the Department of Defense described in subsection (a)
knowingly fails to comply with the requirements of this
subsection, the Secretary of Defense may take administrative
action against the official, including suspension or
termination, in accordance with the procedures otherwise
applicable to administrative actions against such officials.
(b) Prohibition on Ownership and Trading by All Officers
and Employees.--An officer or employee of the Department of
Defense may not own or trade a publicly traded stock of a
company that is a contractor or subcontractor of the
Department if the Office of Standards and Compliance of the
Office of the General Counsel of the Department of Defense
determines that the value of the stock may be directly or
indirectly influenced by any official action of the officer
or employee for the Department.
(c) Inapplicability to Mutual Funds.--For purposes of this
section, publically-traded stock does not include a widely-
held investment fund described in section 102(f)(8) of the
Ethics in Government Act of 1978 (5 U.S.C. App.).
SEC. 1035. POLICY REGARDING THE TRANSITION OF DATA AND
APPLICATIONS TO THE CLOUD.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Chief Information
Officer of the Department of Defense and the Chief Data
Officer of the Department shall, in consultation with the J6
of the Joint Staff and the Chief Management Officer, develop
and issue enterprise-wide policy and implementing
instructions regarding the transition of data and
applications to the cloud under the Department cloud strategy
in accordance with subsection (b).
(b) Design.--The policy required by subsection (a) shall be
designed to dramatically improve support to operational
missions and management processes, including by the use of
artificial intelligence and machine learning technologies,
by--
(1) making the data of the Department available to support
new types of analyses;
(2) preventing, to the maximum extent practicable, the
replication in the cloud of data stores that cannot readily
be accessed by applications for which the data stores were
not originally engineered;
(3) ensuring that data sets can be readily discovered and
combined with others to enable new insights and capabilities;
and
(4) ensuring that data and applications are readily
portable and not tightly coupled to a specific cloud
infrastructure or platform.
SEC. 1036. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE
TO THE NATIONAL GUARD AND EXTENSION OF
INSPECTION AUTHORITY TO THE CHIEF OF THE
NATIONAL GUARD BUREAU.
(a) Modernization of Inspection Authorities of Secretaries
of the Army and Air Force.--Subsection (a) of section 105 of
title 32, United States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``by him, the Secretary of the Army shall
have'' and inserting ``by such Secretary, the Secretary of
the Army and the Secretary of the Air Force shall each
have'';
(B) by striking ``, if necessary,''; and
(C) by striking ``the Regular Army'' and inserting ``the
Regular Army or the Regular Air Force'';
(2) by striking ``Army National Guard'' each place it
appears and inserting ``Army National Guard or Air National
Guard''; and
(3) by striking the flush matter following paragraph (7).
(b) Inspection Authority of Chief of the National Guard
Bureau.--Such section is further amended by adding at the end
the following new subsection:
``(c) Under regulations prescribed by the Chief of the
National Guard Bureau, the Chief of the National Guard Bureau
may
[[Page S3912]]
have an inspection made by inspectors general, or by
commissioned officers of the Army National Guard of the
United States or the Air National Guard of the United States
detailed for that purpose, in order to determine the
following:
``(1) Whether the units and members of the Army National
Guard comply with Federal law and policy applicable to the
National Guard, including policies issued by the Department
of Defense, the Department of the Army, and the National
Guard Bureau.
``(2) Whether the units and members of the Air National
Guard comply with Federal law and policy applicable to the
National Guard, including policies issued by the Department
of Defense, the Department of the Air Force, and the National
Guard Bureau.''.
SEC. 1037. ENHANCEMENT OF AUTHORITIES ON FORFEITURE OF
FEDERAL BENEFITS BY THE NATIONAL GUARD.
(a) In General.--The text of section 108 of title 32,
United States Code, is amended to read as follows:
``(a) Availability of Funds Contingent on Compliance With
Federal Law and Policy.--The availability of Federal funds
provided to the National Guard of individual States is
contingent upon compliance with Federal law and policy
applicable to the National Guard.
``(b) Bar of States for Failure To Comply.--If, within a
time fixed by the President, a State fails to comply with
Federal law or policy applicable to the National Guard, a
requirement of this title, or a regulation prescribed under
this title, the National Guard of that State is barred, in
whole or in part (as the President may prescribe), from
receiving such money or other aid, benefit, or privilege
authorized by law with respect to the National Guard of that
State as the President may prescribe.
``(c) Bar or Withdrawal of Recognition of Officers for
Failure To Comply.--If, within a time fixed by the President,
an officer of the National Guard fails to comply with Federal
law or policy applicable to the National Guard, the President
may bar the officer from receiving Federal funds, or withdraw
the officer's Federal recognition under section 323 of this
title.
``(d) Bar or Withdrawal of Recognition of Units for Failure
To Comply.--If, within a time fixed by the President, a unit
of the National Guard fails to comply with Federal law or
policy applicable to the National Guard, the President may
bar the unit from receiving Federal funds, or withdraw the
unit's Federal recognition.
``(e) Advance Notice to Congress on Final Actions.--Before
taking a final action under subsection (c) or (d), President
shall notify the Committees on Armed Services of the Senate
and the House of Representatives of such final action.
``(f) Limitation on Delegation of Final Actions.--The
President may not delegate the authority to take a final
action under subsection (c) or (d) to any official other than
the Secretary of Defense.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2019, and shall apply with
respect to amounts authorized to be appropriated for fiscal
years that begin on or after that date.
SEC. 1038. MODERNIZATION OF AUTHORITIES ON PROPERTY AND
FISCAL OFFICERS OF THE NATIONAL GUARD.
(a) Property and Fiscal Officer for Each State From NGB.--
Section 708 of title 32, United States Code, is amended--
(1) by striking subsection (a) and inserting the following
new subsection (a):
``(a) Property and Fiscal Officer for Each State.--(1) The
Chief of the National Guard Bureau shall assign, designate,
or detail, subject to the approval of the Secretary of the
Army or the Secretary of the Air Force, as applicable, a
qualified commissioned officer ordered to active duty in the
National Guard Bureau under section 12402(a) of title 10 to
be the property and fiscal officer of each State, Territory,
and the District of Columbia.
``(2)(A) An officer may not be assigned, designated, or
detailed as the property and fiscal officer of a State,
Territory, or the District of Columbia under paragraph (1) if
the officer has served within such jurisdiction during the 36
months preceding such assignment, designation, or detail.
``(B) The Secretary of the Army or the Secretary of the Air
Force may waive the applicability of subparagraph (A) to the
assignment, designation, or detail of a particular officer if
such Secretary considers the waiver to be in the best
interests of the State, Territory, or District of Columbia,
as applicable, concerned.
``(3) An officer assigned, designated, or detailed as a
property and fiscal officer under paragraph (1) shall, while
so serving as such an officer, serve in a grade commensurate
with the functions and responsibilities of the officer, but
not above the grade of colonel.''; and
(2) by striking subsection (d).
(b) Support Staff.--Such section is further amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a), as amended by
subsection (a) of this section, the following new subsection
(b):
``(b) Support Staff.--The Chief of the National Guard
Bureau shall assign, designate, or detail other personnel of
the National Guard Bureau to serve as the Federal support
staff for the property and fiscal officer for the National
Guard of each State, Territory, or the District of Columbia
under subsection (a).''.
(c) Responsibilities.--Subsection (c) of such section, as
redesignated by subsection (b)(1) of this section, is
amended--
(1) by inserting ``Responsibilities of Officers.--'' after
``(c)'';
(2) in paragraph (1), by striking ``he'' and inserting
``such officer''; and
(3) in paragraph (2), by inserting ``, the Chief of Staff
of the Army or the Chief of Staff of the Air Force (as
applicable), or the Chief of the National Guard Bureau''
before the period at the end.
(d) Other Matters.--Such section is further amended--
(1) by striking subsection (d), as redesignated by
subsection (b)(1) of this section; and
(2) by striking subsection (e).
(e) Intrustment of Monies.--Such section is further
amended--
(1) by redesignating subsection (f) as subsection (d); and
(2) in subsection (d), as so redesignated--
(A) by inserting ``Intrustment of Monies.--'' after
``(d)'';
(B) by striking ``an officer'' and inserting ``a Federally
recognized officer'';
(C) by striking ``him'' and inserting ``such agent
officer''; and
(D) by striking ``he'' and inserting ``the agent officer''.
SEC. 1039. LIMITATION ON PLACEMENT BY THE UNDER SECRETARY OF
DEFENSE FOR PERSONNEL AND READINESS OF WORK
WITH FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTERS.
(a) Limitation.--The Under Secretary of Defense for
Personnel and Readiness may not place any work with a
federally funded research and development center (FFRDC)
until the Under Secretary submits to the Committees on Armed
Services of the Senate and the House of Representatives a
report on all studies, reports, and other analyses being
undertaken for the Under Secretary as of the date of the
report by federally funded research and development centers.
(b) Elements.--The report required by subsection (a) shall
set forth the following:
(1) A list of each study, report, and analysis described by
subsection (a).
(2) For each study, report, or analysis, the following:
(A) Title.
(B) Federally funded research and development center
undertaking.
(C) Amount of contract.
(D) Anticipated completion date.
SEC. 1040. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF
DEFENSE FACILITY ACCESS CLEARANCES FOR JOINT
VENTURES COMPOSED OF PREVIOUSLY-CLEARED
ENTITIES.
A clearance for access to a Department of Defense
installation or facility may not be required for a joint
venture if that joint venture is composed entirely of
entities that are currently cleared for access to such
installation or facility.
SEC. 1041. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC
ARCTIC PORTS.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize
the military significance of the sea lanes and choke points
within the region and understand the potential for power
projection from the Arctic into multiple regions.
(2) On January 19, 2018, Secretary of Defense James Mattis
released the document titled ``2018 National Defense Strategy
of the United States of America'' in which the Secretary
outlined the reemergence of long-term, strategic competition
by countries classified by the National Security Strategy as
revisionist powers.
(3) Russia and China have conducted military exercises
together in the Arctic, have agreed to connect the Northern
Sea Route, claimed by Russia, with China's Maritime Silk
Road, and are working together in developing natural gas
resources in the Arctic.
(4) The Government of the Russian Federation--
(A) has prioritized the development of Arctic capabilities
and has made significant investments in military
infrastructure in the Arctic, including the creation of a new
Arctic Command and the construction or refurbishment of 16
deepwater ports and 14 airfields in the region;
(B) has approximately 40 icebreakers as of May 2019,
including several nuclear-powered icebreakers, is currently
constructing four icebreakers, and is planning to build an
additional eight icebreakers; and
(C) conducted the largest military exercise since the
1980s, Vostok 2018, which included--
(i) 300,000 troops;
(ii) 1,000 aircraft;
(iii) 80 ships;
(iv) 36,000 vehicles; and
(v) notably, 3,200 Chinese troops, 30 Chinese rotary and
fixed-wing aircraft, and 900 Chinese tanks.
(5) The Government of the People's Republic of China--
(A) released, in January 2018, its new Arctic Strategy, the
Polar Silk Road, in which it declares itself as a ``near-
Arctic state'', even though its nearest territory to the
Arctic is 900 miles away;
(B) has publicly stated that it seeks to expand its ``Belt
and Road Initiative'' to the Arctic region, including current
investment in the natural gas fields in the Yamal Peninsula
in Russia, rare-earth element mines in Greenland, and the
real estate, alternative energy, and fisheries in Iceland;
and
[[Page S3913]]
(C) has shown great interest in expanding its Arctic
presence, including through--
(i) the operation of research vessels in the region;
(ii) the recent construction of the Xuelong 2, or Snow
Dragon II, the only polar research boat vessel in the world
that can break ice while going forward or backward;
(iii) a freedom of navigation operation in the Aleutian
Islands in 2015; and
(iv) its recent plans to develop a 33,000 ton nuclear-
powered icebreaker.
(6) The economic significance of the Arctic continues to
grow as countries around the globe begin to understand the
potential for maritime transportation through, and economic
and trade development in, the region.
(7) The Arctic is home to 13 percent of the world's
undiscovered oil, 30 percent of its undiscovered gas, an
abundance of uranium, rare earth minerals, gold, diamonds,
and millions of square miles of untapped resources, including
abundant fisheries.
(8) The Bering Strait is experiencing significant increases
in international traffic from vessels transiting the Northern
Sea Route, increases which are projected to continue if
decreases in sea ice coverage continue.
(9) Along a future ice-free Arctic shipping route, a ship
sailing from South Korea to Germany would have an average
travel time of just 23 days, compared to 34 days via the Suez
Canal and 46 days via the Cape of Good Hope.
(10) In a speech at the Arctic Forum in September 2011,
Russian Federation President Vladimir Putin highlighted the
Northern Sea Route as a potential alternative to the Suez
Canal and has publicly stated plans to invest $11,400,000,000
along the Northern Sea Route by 2024.
(11) Increases in human, maritime, and resource development
activity in the Arctic region are expected to create
additional mission requirements for the Department of Defense
and the Department of Homeland Security, given--
(A) the strategic focus of the Government of the Russian
Federation and the Government of the People's Republic of
China on the Arctic;
(B) overlapping territorial claims; and
(C) the potential for maritime accidents, oil spills, and
illegal fishing near the exclusive economic zone of the
United States.
(12) The increasing role of the United States in the Arctic
has been highlighted in each of the last four National
Defense Authorization Acts.
(13) Section 1068 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 992)
required a new Department of Defense strategy to protect
United States national security interests in the Arctic
region.
(14) Section 1095 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2438)
required the Department of Defense to create criteria to
designate a Department of Defense Strategic Arctic Port.
(15) Section 122 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1310)
authorized the procurement of one polar-class heavy
icebreaker vessel.
(16) Section 151 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
authorized the procurement of five additional polar-class
icebreaker vessels and expressed that the Coast Guard
should--
(A) maintain an inventory of not fewer than six polar-class
icebreaker vessels;
(B) award a contract for the first new polar-class
icebreaker not later than fiscal year 2019 and deliver the
icebreaker not later than fiscal year 2023; and
(C) deliver the second through sixth polar-class
icebreakers at a rate of one vessel per year in fiscal years
2025 through 2029.
(17) In January 2017, the Department of Defense released a
report entitled ``Report to Congress on Strategy to Protect
United States National Security Interests in the Arctic
Region'' to update ``the ways and means'' the Department of
Defense intends to use to achieve its objectives as it
implements the 2013 National Strategy for the Arctic Region,
including--
(A) enhancing the capability of United States forces to
defend the homeland and exercise sovereignty;
(B) strengthening deterrence at home and abroad;
(C) preserving freedom of the seas in the Arctic; and
(D) evolving the infrastructure and capabilities of the
Department in the Arctic consistent with changing conditions
and needs.
(18) The United States Coast Guard Arctic Strategic Outlook
released in April 2019 states, ``Demonstrating commitment to
operational presence, Canada, Denmark, and Norway have made
strategic investments in ice-capable patrol ships charged
with national or homeland security missions. [The United
States] is the only Arctic State that has not made similar
investments in ice-capable surface maritime security assets.
This limits the ability of the Coast Guard, and the Nation,
to credibly uphold sovereignty or respond to contingencies in
the Arctic''.
(19) On January 12, 2017, Secretary of Defense James Mattis
stated, ``The Arctic is key strategic terrain . . . Russia is
taking aggressive steps to increase its presence there . . .
I will prioritize the development of an integrated strategy
for the Arctic. I believe that our interests and the security
of the Arctic would benefit from increasing the focus of the
Department of Defense on this region''.
(20) On January 9, 2019, Secretary of the Air Force Heather
Wilson and Chief of Staff of the Air Force General David
Goldfein wrote, ``. . . the Arctic has become even more
important to the nation. Both a northern approach to the
United States, as well as a critical location for projecting
American power, its geo-strategic significance is difficult
to overstate''.
(21) On February 26, 2019, General John Hyten, Commander of
the United States Strategic Command, stated, ``In particular,
the Arctic is an area that we really need to focus on and
really look at investing. That is no longer a buffer zone. We
need to be able to operate there. We need to be able to
communicate there. We need to have a presence there that we
have not invested in in the same way that our adversaries
have. And they see that as a vulnerability from us, whereas
it is becoming a strength for them and it is a weakness for
us, we need to flip that equation''.
(22) On February 26, 2019, General Terrence O'Shaughnessy,
Commander of the United States Northern Command stated, ``It
has become clear that defense of the homeland depends on our
ability to detect and defeat threats operating both in the
Arctic and passing through the Arctic. Russia's fielding of
advanced, long-range cruise missiles capable of flying
through the northern approaches and striking targets in the
United States and Canada has emerged as the dominant military
threat in the Arctic. . . . Meanwhile, China has declared
that it is not content to remain a mere observer in the
Arctic and has taken action to normalize its naval and
commercial presence in the region in order to increase its
access to lucrative resources and shipping routes. I view the
Arctic as the front line in the defense of the United States
and Canada . . .''.
(23) On May 6, 2019, Admiral Karl Schultz, Commandant of
the Coast Guard stated, ``We talk about the Arctic as a
competitive space. We've seen China, we see Russia investing
extensively. China built icebreakers in the time since we
updated our strategy. China's been operating off the Alaskan
Arctic for a good part of the last six years on an annual
basis. [The Coast Guard is] championing increased
capabilities in the Arctic . . . better communications,
better domain awareness . . . . I want to see the Arctic
remain a peaceful domain. China's a self-declared Arctic
state. They're not one of the eight Arctic nations, so for
me, for the service, its presence equals influence''.
(24) On May 6, 2019, Secretary of State Mike Pompeo stated
that--
(A) the Arctic ``has become an arena for power and for
competition'', and the United States is ``entering a new age
of strategic engagement in the Arctic, complete with new
threats to the Arctic and its real estate, and to all of our
interests in that region.'';
(B) ``Arctic sea lanes could become the 21st century Suez
and Panama Canals.'';
(C) ``We're concerned about Russia's claim over the
international waters of the Northern Sea Route, including its
newly announced plans to connect it with China's Maritime
Silk Road.'';
(D) ``In the Northern Sea Route, Moscow already illegally
demands other nations request permission to pass, requires
Russian maritime pilots to be aboard foreign ships, and
threatens to use military force to sink any that fail to
comply with their demands.'';
(E) there is a ``pattern of aggressive Russian behavior
here in the Arctic'' and ``we know Russian territorial
ambitions can turn violent''; and
(F) we do not want ``the Arctic Ocean to transform into a
new South China Sea, fraught with militarization and
competing territorial claims'', nor do we want ``the fragile
Arctic environment exposed to the same ecological devastation
caused by China's fishing fleet in the seas off its coast, or
unregulated industrial activity in its own country''.
(25) On December 6, 2018, Secretary of the Navy Richard
Spencer stated, ``We need to have a strategic Arctic port up
in Alaska. We need to be doing FONOPs in the northwest - in
the northern passage. . . . peace through presence with a
submarine is a little tough''.
(26) Meanwhile, the two closest strategic seaports, as
designated by the Department of Defense, to the Arctic Circle
are the Port of Anchorage and the Port of Tacoma, located
approximately 1,500 nautical miles and 2,400 nautical miles
away, respectively, and approximately 1,900 nautical miles
and 2,800 nautical miles respectively from Barrow, Alaska.
(27) The distance from Bangor, Maine, to Key West, Florida,
is approximately 1,450 nautical miles.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States and the
Department of Defense must better align its presence, force
posture, and capabilities to meet the growing array of
challenges in the region; and
(2) although much progress has been made to increase
awareness of Arctic issues and to promote increased presence
in the region, additional measures, including the designation
of one or more strategic Arctic ports, are needed to show the
commitment of the United States to this emerging strategic
choke point of future great power competition.
[[Page S3914]]
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report evaluating
potential sites for one or more strategic ports in the
Arctic.
(2) Elements.--Consistent with the updated military
strategy for the protection of United States national
security interests in the Arctic region set forth in the
report required under section 1068 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 992), the report required under paragraph (1) shall
include--
(A) an evaluation of the amount of sufficient and suitable
space needed to create capacity for port and other necessary
infrastructure for at least one of each of type of Navy or
Coast Guard vessel, including an Arleigh Burke class
destroyer of the Navy, a national security cutter, and a
heavy polar ice breaker of the Coast Guard;
(B) an evaluation of the amount of sufficient and suitable
space needed to create capacity for equipment and fuel
storage, technological infrastructure, and civil
infrastructure to support military and civilian operations,
including--
(i) aerospace warning;
(ii) maritime surface and subsurface warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and evacuation; and
(xii) meteorological measurements and forecasting;
(C) an identification of proximity and road access required
to an airport designated as a commercial service airport by
the Federal Aviation Administration that is capable of
supporting military and civilian aircraft for operations
designated in subparagraph (B);
(D) a description of the requirements, to include
infrastructure and installations, communications, and
logistics necessary to improve response effectiveness to
support military and civilian operations described in
subparagraph (B);
(E) an identification of the sites that the Secretary
recommends as potential sites for designation as Department
of Defense Strategic Arctic Ports;
(F) the estimated cost of sufficient construction necessary
to initiate and sustain expected operations at such sites;
and
(G) such other information as the Secretary deems relevant.
(d) Designation of Strategic Arctic Ports.--Not later than
90 days after the date on which the report required under
subsection (c) is submitted, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, shall designate
one or more ports as Department of Defense Strategic Arctic
Ports from the sites identified under subsection (c)(2)(E).
(e) Rule of Construction.--Nothing in this section may be
construed to authorize any additional appropriations for the
Department of Defense for the establishment of any port
designated pursuant to this section.
(f) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 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).''.
SEC. 1043. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN
CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of
title 10, United States Code, the Secretary of Defense may
transfer to the Secretary of State, for use by the United
States Agency for International Development, amounts to be
used for the Bien Hoa dioxin cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2020 under the authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority
in subsection (a) is in addition to any other transfer
authority available to the Department of Defense.
SEC. 1044. LIMITATION ON USE OF FUNDS TO HOUSE CHILDREN
SEPARATED FROM PARENTS.
(a) In General.--None of the amounts authorized to be
appropriated by this Act to the Department of Defense for
fiscal year 2020 may be used to house a child separated from
a parent.
(b) Child Separated From a Parent Defined.--The term
``child separated from a parent'' means a person who--
(1) entered the United States, before attaining 18 years of
age, at a port of entry or between ports of entry; and
(2) was separated from his or her parent or legal guardian
by the Department of Homeland Security, and the Department of
Homeland Security failed to demonstrate in a hearing that the
parent or legal guardian was unfit or presented a danger to
the child.
Subtitle F--Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON
DEFENSE MANPOWER.
(a) Conversion of Annual Requirements Report Into Annual
Profile Report.--Section 115a of title 10, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking the
first two sentences and inserting the following new sentence:
``Not later than April 1 each year, the Secretary of Defense
shall submit to Congress a defense manpower profile
report.'';
(B) in paragraph (1), by adding ``and'' at the end;
(C) in paragraph (2), by striking ``; and'' and inserting a
period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking ``(1)''; and
(B) by striking paragraphs (2) and (3);
(3) in subsection (c), by striking ``the following:'' and
all that follows and inserting ``the manpower required for
support and overhead functions within the armed forces and
the Department of Defense.'';
(4) by striking subsections (e) and (h); and
(5) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
(b) Conversion of Certain Current Report Elements Into
Separate, Modified Reports.--Such section is further
amended--
(1) in subsection (e), as redesignated by subsection (a)(5)
of this section--
(A) in the matter preceding paragraph (1), by striking
``The Secretary shall also include in each such report'' and
inserting ``Not later than June 1 each year, the Secretary
shall submit to Congress a report that sets forth''; and
(B) in paragraph (1), by striking ``and estimates of such
numbers for the current fiscal year and subsequent fiscal
years''; and
(2) in subsection (f), as so redesignated--
(A) in the matter preceding paragraph (1), by striking ``In
each report submitted under subsection (a), the Secretary
shall also include a detailed discussion'' and inserting
``Not later than September 1 each year, the Secretary shall
submit to Congress a report that sets forth a detailed
discussion, current as of the preceding fiscal year''; and
(B) by striking ``the year'' each place it appears and
inserting ``the fiscal year''.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 115a. Annual defense manpower profile report and
related reports''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 115a and inserting the following
new item:
``115a. Annual defense manpower profile report and related reports.''.
SEC. 1052. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO
IMPLEMENT A FORCE PLANNING PROCESS IN SUPPORT
OF IMPLEMENTATION OF THE 2018 NATIONAL DEFENSE
STRATEGY.
(a) Report Required.--Not later than February 1, 2020, the
Under Secretary of Defense for Policy shall submit to the
congressional defense committees a report setting forth the
plan and processes of the Department of Defense to provide
analytic support to senior leaders of the Department for the
force planning required to implement the 2018 National
Defense Strategy. The analytic support shall be designed to
weigh options, examine tradeoffs across the joint force, and
drive decisions on force sizing, shaping, capability, and
concept development in order to address the threats outlined
in the 2018 National Defense Strategy.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) The major elements, products, and milestones of the
force planning process of the Department.
(2) The conclusions and recommendations of the Defense
Planning and Analysis Community initiative.
(3) The progress of the Department in implementing the
recommendations of the Comptroller General of the United
States set forth in Government Accountability Office Report
GAO-19-40C.
(4) The progress of the Under Secretary, the Chairman of
the Joint Chiefs of Staff,
[[Page S3915]]
and the Director of Cost Assessment and Program Evaluation in
implementing paragraph (5) of section 134(b) of title 10,
United States Code, as added by section 902(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232).
SEC. 1053. EXTENSION OF ANNUAL REPORTS ON CIVILIAN CASUALTIES
IN CONNECTION WITH UNITED STATES MILITARY
OPERATIONS.
Section 1057(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1572) is
amended by striking ``the date this is five years after the
date of the enactment of this Act'' and inserting ``December
31, 2025''.
SEC. 1054. REPORT ON JOINT FORCE PLAN FOR IMPLEMENTATION OF
STRATEGIES OF THE DEPARTMENT OF DEFENSE FOR THE
ARCTIC.
(a) In General.--Not later than 270 days after the date on
which the Secretary of Defense submits to the congressional
defense committees the report on an updated Arctic strategy
to improve and enhance joint operations required by section
1071 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), the Secretary of
Defense shall, in coordination with the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force, submit to the congressional defense committees a joint
force plan for implementation of the following:
(1) The December 2016 Report to Congress on the Strategy to
Protect United States National Security Interests in the
Arctic Region.
(2) The updated Arctic strategy to improve and enhance
joint operations.
(b) Elements.--The report required by subsection (a) shall
include the following in connection with the strategies for
the Arctic referred to in that subsection:
(1) A description of the specific means for--
(A) enhancing the capability of the Armed Forces to defend
the homeland and exercise sovereignty;
(B) strengthening deterrence at home and abroad;
(C) strengthening alliances and partnerships;
(D) preserving freedom of the seas in the Arctic;
(E) engaging public, private, and international partners to
improve domain awareness in the Arctic;
(F) developing Department of Defense Arctic infrastructure
and capabilities consistent with changing conditions and
needs;
(G) providing support to civil authorities, as directed;
(H) partnering with other departments, agencies, and
countries to support human and environmental security; and
(I) supporting international institutions that promote
regional cooperation and the rule of law.
(2) An analysis of the operational and contingency plans
for the protection of United States national security
interests in the Arctic region.
(3) A description of training, capability, and resource
gaps that must be addressed to execute each mission described
in the updated Arctic strategy.
(4) A description of the current and projected Arctic
capabilities of the Russian Federation and the People's
Republic of China, and an analysis of United States
capabilities for satisfying--
(A) each mission described in the updated Arctic strategy;
and
(B) the strategic objectives in the National Defense
Strategy.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1055. REPORT ON USE OF NORTHERN TIER BASES IN
IMPLEMENTATION OF ARCTIC STRATEGY OF THE UNITED
STATES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of the Air Force, shall
submit to the congressional defense committees a report
outlining how bases in the northern latitudes, including
Northern Tier bases, may be used in the implementation of--
(1) recommendations included in the report submitted by the
Secretary of Defense to Congress in December 2016 entitled
``Report to Congress on Strategy to Protect United States
National Security Interests in the Arctic Region''; and
(2) the updated Arctic strategy to improve and enhance
joint operations required to be submitted to the
congressional defense committees under section 1071 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232).
(b) Inclusion of Mission Sets.--The report under subsection
(a) shall include a description of current and future mission
sets at Northern Tier bases that may further the Arctic
strategy of the United States.
(c) Northern Tier Bases Defined.--In this section, the term
``Northern Tier bases'' means installations in the
continental United States that are located in States
bordering Canada.
SEC. 1056. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-
CASUALTY DISASTER RESPONSE OPERATIONS IN THE
ARCTIC.
(a) Sense of Senate.--It is the sense of the Senate that--
(1) the Department of Defense may be called upon to support
the Coast Guard and other agencies of the Department of
Homeland Security in responding to any mass-casualty disaster
response operations in the Arctic;
(2) coordination between the Department of Defense and the
Coast Guard might be necessary for responding to a mass-
casualty event in the Arctic; and
(3) prior planning for Arctic mass-casualty disaster
response operations will bolster the response of the Federal
Government to a mass-casualty disaster in the Arctic
environment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in
coordination with the Secretary of Homeland Security, submit
to the appropriate committees of Congress a report on the
plan of the Department of Defense for assisting mass-casualty
disaster response operations in the Arctic.
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A description of the assets that could be made
available to support other agencies and departments of the
Federal Government for mass-casualty disaster response
operations in the Arctic.
(2) A description and assessment of the command, control,
and coordination relationships that would be useful to
integrate rescue forces for such operations from multiple
departments and agencies of the Federal Government.
(3) A description and assessment of the communications
assets that could be made available in support of other
agencies and departments of the Federal Government for
communication and coordination in such operations.
(4) A description of any cooperative arrangements with
Canada and other regional partners in providing rescue assets
and infrastructure in connection with such operations.
(5) A description of available medical infrastructure and
assets that could be made available in support of other
agencies and departments of the Federal Government for
aeromedical evacuation in connection with such operations.
(6) A description of available shelter locations that could
be made available in support of other agencies and
departments of the Federal Government for use in connection
with such operations, including the number of people that can
be sheltered per location.
(7) An assessment of logistical challenges that evacuations
from the Arctic in connection with such operations entail,
including potential rotary and fixed-wing aircraft trans-load
locations and onward movement requirements.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
SEC. 1057. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR
COMPENSATION OF RETIRED GENERAL OR FLAG
OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS
CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States
Code, is amended by adding at the end the following new
subsection:
``(d) Annual Reports on Approvals for Retired General and
Flag Officers.--(1) Not later than January 31 each year, the
Secretaries of the military departments shall jointly submit
to the appropriate committees and Members of Congress a
report on each approval under subsection (b) for employment
or compensation described in subsection (a) for a retired
member of the armed forces in a general or flag officer grade
that was issued during the preceding year.
``(2) In this subsection, the appropriate committees and
Members of Congress are--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate;
``(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives;
``(C) the Majority Leader and the Minority Leader of the
Senate; and
``(D) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.''.
(b) Scope of First Report.--The first report submitted
pursuant to subsection (d) of section 908 of title 37, United
States Code (as added by subsection (a) of this section),
after the date of the enactment of this Act shall cover the
five-year period ending with the year before the year in
which such report is submitted.
SEC. 1058. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE
RECEIVED BY THE DEPARTMENT OF DEFENSE FROM
OTHER DEPARTMENTS.
(a) Requests for Assistance.--Not later than seven calendar
days after the receipt by the Department of Defense of a
Request for Assistance from the Department of Homeland
Security or the Department of Health and Human Services, the
Secretary of Defense shall electronically transmit to the
Committees on Armed Services of the Senate and the House of
Representatives a copy of such Request for Assistance.
(b) Responses to Requests.--At the same time the Secretary
of Defense submits to the
[[Page S3916]]
Secretary of Homeland Security or the Secretary of Health and
Human Services an official response of the Department of
Defense to a Request for Assistance from the Department of
Homeland Security or the Department of Health and Human
Services, as applicable, the Secretary of Defense shall
transmit to the Committees on Armed Services of the Senate
and the House of Representatives a copy of such official
response.
SEC. 1059. SEMIANNUAL REPORT ON CONSOLIDATED ADJUDICATION
FACILITY OF THE DEFENSE COUNTERINTELLIGENCE AND
SECURITY AGENCY.
Not less frequently than once every six months until the
Director of the Defense Counterintelligence and Security
Agency determines that a steady-state level has been achieved
for the Consolidated Adjudication Facility of the Agency, the
Director shall submit to the congressional defense committees
a report on inventory and timeliness metrics relating to such
facility.
SEC. 1060 COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
POST-GOVERNMENT EMPLOYMENT OF FORMER DEPARTMENT
OF DEFENSE OFFICIALS.
Not later than 90 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
initiate a review updating the information and findings
contained in the May 2008 Government Accountability Office
report entitled, ``Defense Contracting: Post-Government
Employment of Former DOD Officials Needs Greater
Transparency'' (GAO-08-485). The Comptroller General shall
provide an interim briefing on the status of the review to
the congressional defense committees not later than December
31, 2020, with a report to follow by a date agreed upon with
the committees.
Subtitle G--Treatment of Contaminated Water Near Military Installations
SEC. 1071. SHORT TITLE.
This subtitle may be cited as the ``Prompt and Fast Action
to Stop Damages Act of 2019''.
SEC. 1072. DEFINITIONS.
In this subtitle:
(1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid.
(2) PFOS.--The term ``PFOS'' means perfluorooctane
sulfonate.
SEC. 1073. PROVISION OF WATER UNCONTAMINATED WITH
PERFLUOROOCTANOIC ACID (PFOA) AND
PERFLUOROOCTANE SULFONATE (PFOS) FOR
AGRICULTURAL PURPOSES.
(a) Authority.--
(1) In general.--Using amounts authorized to be
appropriated or otherwise made available for operation and
maintenance for the military department concerned, or for
operation and maintenance Defense-wide in the case of the
Secretary of Defense, the Secretary concerned may provide
water sources uncontaminated with perfluoroalkyl and
polyfluoroalkyl substances, including PFOA and PFOS, or
treatment of contaminated waters, for agricultural purposes
used to produce products destined for human consumption in an
area in which a water source has been determined pursuant to
paragraph (2) to be contaminated with such compounds by
reason of activities on a military installation under the
jurisdiction of the Secretary concerned.
(2) Applicable standard.--For purposes of paragraph (1), an
area is determined to be contaminated with PFOA or PFOS if--
(A) the level of contamination is above the Lifetime Health
Advisory for contamination with such compounds issued by the
Environmental Protection Agency and printed in the Federal
Register on May 25, 2016; or
(B) on or after the date the Food and Drug Administration
sets a standard for PFOA and PFOS in raw agricultural
commodities and milk, the level of contamination is above
such standard.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of the Army, with respect to the Army.
(2) The Secretary of the Navy, with respect to the Navy,
the Marine Corps, and the Coast Guard (when it is operating
as a service in the Navy).
(3) The Secretary of the Air Force, with respect to the Air
Force.
(4) The Secretary of Defense, with respect to the Defense
Agencies.
SEC. 1074. ACQUISITION OF REAL PROPERTY BY AIR FORCE.
(a) Authority.--
(1) In general.--The Secretary of the Air Force may acquire
one or more parcels of real property within the vicinity of
an Air Force base that has shown signs of contamination from
PFOA and PFOS due to activities on the base and which would
extend the contiguous geographic footprint of the base and
increase the force protection standoff near critical
infrastructure and runways.
(2) Improvements and personal property.--The authority
under paragraph (1) to acquire real property described in
that paragraph shall include the authority to purchase
improvements and personal property located on that real
property.
(3) Relocation expenses.--The authority under paragraph (1)
to acquire real property described in that paragraph shall
include the authority to provide Federal financial assistance
for moving costs, relocation benefits, and other expenses
incurred in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(b) Environmental Activities.--The Air Force shall conduct
such activities at a parcel or parcels of real property
acquired under subsection (a) as are necessary to remediate
contamination from PFOA and PFOS related to activities at the
Air Force base.
(c) Funding.--Funds for the land acquisitions authorized
under subsection (a) shall be derived from amounts authorized
to be appropriated for fiscal year 2020 for military
construction or the unobligated balances of appropriations
for military construction that are enacted after the date of
the enactment of this Act.
(d) Rule of Construction.--The authority under this section
constitutes authority to carry out land acquisitions for
purposes of section 2802 of title 10, United States Code.
SEC. 1075. REMEDIATION PLAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a remediation plan for cleanup of all
water at or adjacent to a military base that is contaminated
with PFOA or PFOS.
(b) Study.--In preparing the remediation plan under
subsection (a), the Secretary shall conduct a study on the
contamination of water at military bases with PFOA or PFOS.
(c) Budget Amount.--The Secretary shall ensure that each
budget of the President submitted to Congress under section
1105(a) of title 31, United States Code, requests funding in
amounts necessary to address remediation efforts under the
remediation plan submitted under subsection (a).
Subtitle H--Other Matters
SEC. 1081. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE
FOR MEMBERS OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIANS OVERSEAS.
(a) Eligibility for Free Mail.--Section 3401(a) of title
39, United States Code, is amended to read as follows:
``(a)(1) First-class letter mail having the character of
personal correspondence shall be carried, at no cost to the
sender, in the manner provided by this section, when mailed
by an eligible individual described in paragraph (2) and
addressed to a place within the delivery limits of a United
States post office, if--
``(A) such letter mail is mailed by the eligible individual
at an Armed Forces post office established in an overseas
area designated by the President, where the Armed Forces of
the United States are deployed for a contingency operation as
determined by the Secretary of Defense; or
``(B) the eligible individual is hospitalized as a result
of disease or injury incurred as a result of service in an
overseas area designated by the President under subparagraph
(A).
``(2) An eligible individual described in this paragraph
is--
``(A) a member of the Armed Forces of the United States on
active duty, as defined in section 101 of title 10; or
``(B) a civilian employee of the Department of Defense or a
military department who is providing support to military
operations.''.
(b) Surface Shipment of Mail Authorized.--Section 3401 of
title 39, United States Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(3) by amending subsection (b) to read as follows:
``(b) There shall be transported by surface or air,
consistent with the service purchased by the mailer, between
Armed Forces post offices or from an Armed Forces post office
to a point of entry into the United States, the following
categories of mail matter which are mailed at any such Armed
Forces post office:
``(1) Letter mail communications having the character of
personal correspondence.
``(2) Any parcel exceeding 1 pound in weight but less than
70 pounds in weight and less than 130 inches in length and
girth combined.
``(3) Publications published not less frequently than once
per week and featuring principally current news of interest
to members of the Armed Forces of the United States and the
general public.''.
(c) Technical and Conforming Amendments.--
(1) Section 3401 of title 39, United States Code, is
amended in the section heading by striking ``and of friendly
foreign nations''.
(2) The table of sections for chapter 34 of title 39,
United States Code, is amended by striking the item relating
to section 3401 and inserting the following:
``3401. Mailing privileges of members of Armed Forces of the United
States.''.
SEC. 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.
Section 406 of title 39, United States Code, is amended by
adding at the end the following:
``(c)(1) The Secretary of Defense may authorize the use of
a post office established
[[Page S3917]]
under subsection (a) in a location outside the United States
by citizens of the United States--
``(A) who--
``(i) are employed by the North Atlantic Treaty
Organization; and
``(ii) perform functions in support of the Armed Forces of
the United States; and
``(B) if the Secretary makes a written determination that
such use is--
``(i) in the best interests of the Department of Defense;
and
``(ii) otherwise authorized by applicable host nation law
or agreement.
``(2) No funds may be obligated or expended to establish,
maintain, or expand a post office established under
subsection (a) for the purpose of use described in paragraph
(1) of this subsection.''.
SEC. 1083. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF
UNIFORMED SERVICES.
(a) In General.--Title VI of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at
the end the following new section:
``SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF
SERVICEMEMBERS.
``For the purposes of establishing the residency of a
spouse of a servicemember for any purpose, the spouse of a
servicemember may elect to use the same residence as the
servicemember regardless of the date on which the marriage of
the spouse and the servicemember occurred.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Guarantee of residency for spouses of servicemembers.''.
SEC. 1084. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE
NATIONAL BIODEFENSE STRATEGY.
Section 1086(d) of the National Defense Authorization Act
for Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6
U.S.C. 104) is amended by striking ``March 1, 2019'' and
inserting ``March 1, 2025''.
SEC. 1085. EXTENSION OF NATIONAL COMMISSION ON MILITARY
AVIATION SAFETY.
(a) Extension of Deadline for Report.--Section 1087(h)(2)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1995) is
amended by striking ``March 1, 2020'' and inserting
``December 31, 2020''.
(b) Calendar Year 2020 Funding.--Of the amount authorized
to be appropriated for fiscal year 2020 for the Department of
Defense by this Act, $3,000,000 shall be available for the
National Commission on Aviation Safety under section 1087 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 in calendar year 2020.
TITLE XI--CIVILIAN PERSONNEL MATTERS
SEC. 1101. MODIFICATION OF TEMPORARY ASSIGNMENTS OF
DEPARTMENT OF DEFENSE EMPLOYEES TO A PRIVATE-
SECTOR ORGANIZATION.
Section 1599g(e)(2)(A) of title 10, United States Code, is
amended by inserting ``permanent'' after ``without the''.
SEC. 1102. MODIFICATION OF NUMBER OF AVAILABLE APPOINTMENTS
FOR CERTAIN AGENCIES UNDER PERSONNEL MANAGEMENT
AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND
ENGINEERING.
Section 1599h(b)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``40'' and inserting
``10''; and
(2) in subparagraph (B), by striking ``100'' and inserting
``130''.
SEC. 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''.
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.
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''.
SEC. 1105. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR FEDERAL,
STATE, AND LOCAL INCOME TAXES INCURRED DURING
TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--5724b of title 5, United States Code, is
amended--
(1) in the section heading by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee, or by an
employee and such employee's spouse (if filing jointly), for
any moving or storage'' and inserting ``individual, or by an
individual and such individual's spouse (if filing jointly),
for any travel, transportation, or relocation''; and
(B) in the second sentence, by striking ``employee'' and
inserting ``individual, or the individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or
furnished in kind pursuant to this subchapter or chapter
41.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 57 of title 5, United States Code, is
amended by striking the item relating to section 5724b and
inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses.''.
(c) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to travel, transportation, or relocation expenses
incurred on or after that date.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is
amended by striking ``fiscal years 2018 through 2020'' and
inserting ``fiscal years 2020 through 2025''.
SEC. 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''.
SEC. 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''.
SEC. 1204. MODIFICATION OF REPORTING REQUIREMENT FOR USE OF
FUNDS FOR SECURITY COOPERATION PROGRAMS AND
ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended
by striking ``30 days'' and inserting ``60 days''.
SEC. 1205. INSTITUTIONAL LEGAL CAPACITY BUILDING INITIATIVE
FOR FOREIGN DEFENSE FORCES.
(a) Authorization.--The Secretary of Defense may carry out,
consistent with section 332 of title 10, United States Code,
an initiative of institutional legal capacity building in
collaboration with the appropriate institutions of one or
more foreign countries to enhance the capacity of the
applicable foreign country to organize, administer, manage,
maintain, sustain, or oversee the military legal institutions
of such country.
(b) Purpose.--The purpose of the initiative under
subsection (a) is to enhance, as appropriate, the
institutional legal capacity of the applicable foreign
country to do the following:
(1) Integrate legal matters into the authority, doctrine,
and policies of the defense ministry of such country.
(2) Provide appropriate legal support to commanders
conducting military operations.
(3) With respect to military law, institutionalize
education, training, and professional development for
military personnel, including military lawyers, officers, and
civilian leadership within such defense ministry.
(4) Establish a military justice system that is objective,
transparent, and impartial.
(5) Build the legal capacity of military forces to provide
equitable, transparent, and accountable institutions and
provide for anti-corruption measures within such defense
ministry.
(6) Build capacity--
(A) to provide for the protection of civilians consistent
with the law of armed conflict; and
(B) to investigate incidents of civilian casualties.
(7) Promote understanding and observance of--
(A) the law of armed conflict;
(B) human rights and fundamental freedoms;
(C) the rule of law; and
(D) civilian control of the military.
(c) Elements.--The initiative under subsection (a) shall
include the following elements:
(1) An assessment of the organizational weaknesses for
institutional legal capacity
[[Page S3918]]
building of the applicable foreign country, including
baseline information, an assessment of gaps in the capability
and capacity of the appropriate institutions of such country,
and any other indicator of efficacy for purposes of
monitoring and evaluation, as determined by the Secretary.
(2) A multi-year engagement plan for building institutional
capacity that addresses the weaknesses identified under
paragraph (1), including objectives, milestones, and a
timeline.
(3) The assignment of advisors, as appropriate, to the
ministry of defense or other institutions of such country to
assist in building core legal institutional capacity,
competencies, and capabilities.
(4) A measure for monitoring the implementation of the
initiative and evaluating the efficiency and effectiveness of
the initiative, consistent with section 383 of title 10,
United States Code.
(d) Reports.--
(1) In general.--Not later than 30 days after the end of
each fiscal year beginning in fiscal year 2020 through the
fiscal year in which the initiative under subsection (a)
terminates, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
progress of the legal capacity building activities under this
section.
(2) Matters to be included.--Each report under paragraph
(1) shall include, for the preceding fiscal year, the
following:
(A) The names of the one or more countries in which the
initiative was conducted.
(B) For each such country--
(i) the purpose of the initiative;
(ii) the objectives, milestones, and timeline of the
initiative;
(iii) the number and type of advisors assigned and deployed
to the country, as applicable;
(iv) an assessment of the progress of the implementation of
the initiative; and
(v) an evaluation of the efficiency and effectiveness of
the initiative.
(e) Sunset.--The initiative under subsection (a) shall
terminate on the date that is five years after the date of
the enactment of this Act.
SEC. 1206. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION
ACTIVITIES IN NATIONAL SECURITY INTEREST OF THE
UNITED STATES.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State and in consultation
with the Administrator of the United States Agency for
International Development, provide support for the
stabilization activities of other Federal agencies specified
under subsection (c).
(b) Designation of Foreign Areas.--
(1) In general.--Amounts authorized to be provided pursuant
to this section shall be available only for support for
stabilization activities--
(A) in a country specified in paragraph (2); and
(B) that the Secretary of Defense, with the concurrence of
the Secretary of State, has determined are in the national
security interest of the United States.
(2) Specified countries.--The countries specified in this
paragraph are as follows:
(A) Iraq.
(B) Syria.
(C) Afghanistan.
(D) Somalia.
(E) Yemen.
(F) Libya.
(c) Support to Other Agencies.--
(1) In general.--Support may be provided for stabilization
activities under subsection (a) to the Department of State,
the United States Agency for International Development, or
other Federal agencies, on a reimbursable or nonreimbursable
basis.
(2) Type of support.--Support under subsection (a) may
consist of--
(A) logistic support, supplies, and services; and
(B) equipment.
(d) Requirement for a Stabilization Strategy.--
(1) Limitation.--With respect to any country specified in
subsection (b)(2), no amount of support may be provided under
subsection (a) until 15 days after the date on which the
Secretary of Defense, with the concurrence of the Secretary
of State, submits to the appropriate committees of Congress a
detailed report setting forth a stabilization strategy for
such country.
(2) Elements of strategy.--The stabilization strategy
required by paragraph (1) shall set forth the following:
(A) The United States interests in conducting stabilization
activities in the country specified in subsection (b)(2).
(B) The key foreign partners and actors in such country.
(C) The desired end states and objectives of the United
States stabilization activities in such country.
(D) The Department of Defense support intended to be
provided for the stabilization activities of other Federal
agencies under subsection (a).
(E) Any mechanism for civil-military coordination regarding
support for stabilization activities.
(F) The mechanisms for monitoring and evaluating the
effectiveness of Department of Defense support for United
States stabilization activities in the area.
(e) Implementation in Accordance With Guidance.--Support
provided under subsection (a) shall be implemented in
accordance with the guidance of the Department of Defense
entitled ``DoD Directive 3000.05 Stabilization'', dated
December 13, 2018 (or successor guidance).
(f) Report.--The Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the appropriate
committees of Congress on an annual basis a report that
includes the following:
(1) The identification of each foreign area within
countries specified in subsection (b)(2) for which support to
stabilization has occurred.
(2) The total amount spent by the Department of Defense,
broken out by recipient Federal agency and activity.
(3) An assessment of the contribution of each activity
toward greater stability.
(4) An articulation of any plans for continued Department
of Defense support to stabilization in the specified foreign
area in order to maintain or improve stability.
(5) Other matters as the Secretary of Defense considers to
be appropriate.
(g) Use of Funds.--
(1) Source of funds.--Amounts for activities carried out
under this section in a fiscal year shall be derived only
from amounts authorized to be appropriated for such fiscal
year for the Department of Defense for Operation and
Maintenance, Defense-wide.
(2) Limitation.--Not more than $25,000,000 in each fiscal
year is authorized to be used to provide nonreimbursable
support under this section.
(h) Expiration.--The authority provided under this section
may not be exercised after December 31, 2020.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Logistic support, supplies, and services.--The term
``logistic support, supplies, and services'' has the meaning
given the term in section 2350(1) of title 10 United States
Code.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE
MILITARY AND SECURITY FORCES OF AFGHANISTAN.
(a) Extension.--Subsection (h) of section 1222 of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1992), as most recently
amended by section 1221 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is further amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section 1222, as so amended, is further amended by striking
``December 31, 2020'' each place it appears and inserting
``December 31, 2021''.
SEC. 1212. AFGHANISTAN SECURITY FORCES FUND.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2020 for the Afghanistan
Security Forces Fund, as established by 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),
$4,803,978,000.
(b) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2020 shall be subject to the conditions contained in
subsections (b) through (f) of such section 1513.
(c) Use of Funds.--
(1) Type of assistance.--Subsection (b)(2) of such section
1513 is amended by inserting ``(including program and
security assistance management support)'' after ``services''.
(d) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of Afghanistan, but is
not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under paragraph (1), the Commander of
United States forces in Afghanistan shall make a
determination that the equipment was procured for the purpose
of meeting requirements of the security forces of
Afghanistan, as agreed to by both the Government of
Afghanistan and the United States, but is no longer required
by such security forces or was damaged before transfer to
such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2), the Commander of United States forces in
Afghanistan shall consider alternatives to acceptance of the
equipment by the Secretary. An explanation of each
determination, including the basis for the determination and
the alternatives considered, shall be included in the
relevant quarterly report under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under paragraph (1) may be treated as stocks of the
Department of Defense upon notification to the
[[Page S3919]]
congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary shall submit to the congressional
defense committees a report describing the equipment accepted
during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(iii) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3612).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment accepted during the period
covered by the report and treated as stocks of the Department
of Defense and copies of the determinations made under
paragraph (2), as required by paragraph (3).
(e) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghanistan Security Forces Fund for
fiscal year 2020, it is the goal that $25,000,000, but in no
event less than $10,000,000, shall be used for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit women into the Afghan National
Defense and Security Forces, including the special operations
forces;
(B) programs and activities of the Afghan Ministry of
Defense Directorate of Human Rights and Gender Integration
and the Afghan Ministry of Interior Office of Human Rights,
Gender, and Child Rights;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Afghan Ministry of Defense and the Afghan Ministry of
Interior;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, and transportation for
policewomen to their station;
(F) support for Afghan National Police Family Response
Units; and
(G) security provisions for high-profile female police and
army officers.
(f) Assessment of Efforts to Build Capacity in the Afghan
National Defense and Security Forces.--
(1) Assessment required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State, shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
an assessment that describes the following:
(A) The integrated capacity development strategies for--
(i) the Ministry of Defense and the Ministry of Interior of
Afghanistan; and
(ii) the North Atlantic Treaty Organization-led Train
Advise Assist Commands and Task Forces at the national and
regional levels in Afghanistan.
(B) An articulation of the key capabilities to be developed
and improved with respect to the Ministry of Defense, the
Ministry of Interior, and the North Atlantic Treaty
Organization-led Train Advise Assist Commands and Task
Forces, and the overall plan (including timeframes, budgets,
and specific initiatives) to achieve the intended outcomes.
(C) The specific roles of Department of Defense-funded
advisors in building the capacity of the Ministry of Defense
and the Ministry of Interior of Afghanistan and the Afghan
National Defense and Security Forces at the national and
regional levels, and the manner in which such roles align
with the development strategy referred to in subparagraph
(A).
(D) The metrics used to assess progress on the recruitment,
integration, retention, training, and treatment of women in
the Afghan National Defense and Security Forces, and a
progress report on such recruitment, integration, retention,
training, and treatment.
(E) An explanation of the assessment, monitoring, and
evaluation mechanisms in place to assess the relevance,
effectiveness, and sustainability of each specific initiative
and progress made toward the intended outcomes identified
under subparagraph (B).
(F) Any other matter the Secretary considers appropriate.
SEC. 1213. 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 the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
is further amended--
(1) in subsection (a), by striking ``December 31, 2019''
and inserting ``December 31, 2020'';
(2) in subsection (b), by striking ``of fiscal years 2017
through 2019'' and inserting ``for each of fiscal years 2017
through 2020''; and
(3) in subsection (f), in the first sentence, by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
SEC. 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).''.
SEC. 1215. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE
GOVERNMENT OF AFGHANISTAN.
(a) In General.--The Secretary of Defense may, with the
concurrence of the Secretary of State, provide covered
support for reconciliation activities to one or more
designated persons or entities or Federal agencies.
(b) Designation.--Not later than 15 days before the
Secretary of Defense designates an individual or organization
as a designated person or entity, the Secretary shall notify
the congressional defense committees of the intent of the
Secretary to make such designation.
(c) Reimbursement.--
(1) Designated persons or entities.--The Secretary of
Defense may provide covered support to a designated person or
entity on a reimbursable or nonreimbursable basis.
(2) Federal agencies.--The Secretary of Defense may provide
covered support to a Federal agency on a reimbursable or
nonreimbursable basis.
(d) Location of Covered Support.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense may only provide covered support within
Afghanistan.
(2) Exception.--Notwithstanding paragraph (1), the
Secretary of Defense may provide covered support in Pakistan
if the Secretary determines, and certifies to the
congressional defense committees, that providing covered
support in Pakistan is in the national security interest of
the United States.
(e) Notification.--Not later than 15 days before the date
on which the Secretary of Defense provides covered support to
a nongovernmental designated person or entity or provides
covered support in Pakistan, the Secretary shall submit to
the congressional defense committees written notice that
includes the intended recipient of such covered support and
the specific covered support to be provided.
(f) Funding.--
(1) Source of funds.--Amounts for covered support may only
be derived from amounts authorized to be appropriated for the
Department of Defense for operation and maintenance.
(2) Limitation.--Not more than $15,000,000 may be used for
nonreimbursable covered support.
(g) Rule of Construction.--Covered support shall not be
construed to violate section 2339, 2339A, or 2339B of title
18, United States Code.
(h) Reports.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and quarterly thereafter, the
Secretary of Defense shall, in coordination with the
Secretary of State, submit to the congressional defense
committees a report on covered support during the preceding
90-day period.
(2) Elements.--Each report under this subsection shall
include, for the preceding reporting period, the following:
(A) A summary of the ongoing reconciliation activities for
which covered support was provided.
(B) A description of the covered support, by class or type,
and the designated person or entity or Federal agency that
received each class or type of covered support.
(C) The total dollar amount of each class or type of
covered support, including budget details.
(D) The intended duration of each provision of covered
support.
(E) Any other matter the Secretary of Defense considers
appropriate.
(i) Sunset.--The authority to carry out this section shall
terminate on December 31, 2020.
(j) Definitions.--In this section:
(1) Covered support.--The term ``covered support'' means
logistic support, supplies, and services (as defined in
section 2350 of title 10, United States Code) and security
provided under this section.
[[Page S3920]]
(2) Designated person or entity.--
(A) In general.--The term ``designated person or entity''
means an individual or organization designated by the
Secretary of Defense as necessary to facilitate a
reconciliation activity.
(B) Exclusion.--The term ``designated person or entity''
does not include a Federal agency.
(3) Reconciliation activity.--The term ``reconciliation
activity'' means any activity intended to support,
facilitate, or enable a political settlement between the
Government of Afghanistan and the Taliban for the purpose of
ending the war in Afghanistan.
(4) Security.--The term ``security'' means any measure
determined by the Secretary of Defense to be necessary to
protect reconciliation activities from hostile acts.
SEC. 1216. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA PROGRAM
FOR AFGHAN ALLIES.
It is the sense of the Senate that--
(1) the special immigrant visa program for Afghan allies is
critical to the mission in Afghanistan and the long-term
interests of the United States;
(2) maintaining a robust special immigrant visa program for
Afghan allies is necessary to support United States
Government personnel in Afghanistan who need translation,
interpretation, security, and other services;
(3) Afghan allies routinely risk their lives to assist
United States military and diplomatic personnel;
(4) honoring the commitments made to Afghan allies with
respect to such special immigrant visa program is essential
to ensuring the continued service and safety of such allies;
and
(5) an additional 4,000 visas should be made available to
principal aliens who are eligible for special immigrant
status under the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) to prevent harm to the operations of the
United States Government in Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO
VETTED SYRIAN GROUPS.
(a) Nature of Assistance.--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. 3541), as most recently amended by section
1231(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), is further
amended--
(1) in the matter preceding paragraph (1), by striking
``with a cost'' and all that follows through ``December 31,
2019'' and inserting ``, and sustainment to appropriately
vetted Syrian groups and individuals, through December 31,
2020'';
(2) in paragraph (1), by striking ``Islamic State of Iraq
and the Levant'' and all that follows through the period at
the end and inserting the following: ``Islamic State of Iraq
and Syria (ISIS).''; and
(3) by striking paragraphs (2) and (3) and inserting the
following new paragraphs:
``(2) Securing territory formerly controlled by the Islamic
State of Iraq and Syria.
``(3) Protecting the United States and its friends and
allies from the threats posed by the Islamic State of Iraq
and Syria, al Qaeda, and associated forces in Syria.
``(4) Supporting the temporary detention and repatriation
of Islamic State of Iraq and Syria foreign terrorist fighters
in accordance with the laws of armed conflict and the United
Nations Convention Relating to the Status of Refugees, done
at Geneva July 28, 1951 (as made applicable by the Protocol
Relating to the Status of Refugees, done at New York January
31, 1967 (19 UST 6223)).''.
(b) Scope of Quarterly Progress Reports.--Subsection (d) of
such section, as most recently amended by section 1223(b) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1653), is further amended to
read as follows:
``(d) Quarterly Progress Reports.--
``(1) In general.--Beginning on January 15, 2020, and every
90 days thereafter, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate
congressional committees and leadership of the House of
Representatives and the Senate a progress report.
``(2) Matters to be included.--Each progress report under
paragraph (1) shall include, based on the most recent
quarterly information, the following:
``(A) A description of the appropriately vetted recipients
receiving assistance under subsection (a).
``(B) A description of training, equipment, supplies,
stipends, and other support provided to appropriately vetted
recipients under subsection (a) and a statement of the amount
of funds expended for such purposes during the period covered
by the report.
``(C) Any misuse or loss of provided training and equipment
and how such misuse or loss is being mitigated.
``(D) An assessment of the recruitment, throughput, and
retention rates of appropriately vetted recipients.
``(E) An assessment of the operational effectiveness of
appropriately vetted recipients in meeting the purposes
specified in subsection (a).
``(F) A description of United States Government
stabilization objectives and activities carried out in areas
formerly controlled by the Islamic State of Iraq and Syria,
including significant projects and funding associated with
such projects.
``(G) A description of coalition contributions to the
purposes specified in subsection (a) and other related
stabilization activities.
``(H) With respect to Islamic State of Iraq and Syria
foreign terrorist fighters--
``(i) an estimate of the number of such individuals being
detained by appropriately vetted Syrian groups and
individuals;
``(ii) an estimate of the number of such individuals that
have been repatriated and the countries to which such
individuals have been repatriated; and
``(iii) a description of United States Government support
provided to facilitate the repatriation of such individuals.
``(I) An assessment of the extent to which appropriately
vetted Syrian groups and individuals have enabled progress
toward establishing inclusive, representative, accountable,
and civilian-led governance and security structures in
territories liberated from the Islamic State of Iraq and
Syria.''.
(c) Elimination of Reprogramming Requirement.--Such section
is further amended by striking subsection (f).
(d) Inclusion of Support for Stabilization Activities.--
Such section is further amended by inserting after subsection
(e) the following new subsection (f):
``(f) Support for Stabilization Activities.--
``(1) In general.--The Secretary of Defense may, with the
concurrence of the Secretary of State and in consultation
with the Administrator of the United States Agency for
International Development, provide support for the
stabilization activities of the Department of State, the
United States Agency for International Development, and any
other Federal agency on a reimburseable or nonreimburseable
basis.
``(2) Types of support.--The support provided under
paragraph (1) may consist of--
``(A) logistic support, supplies, and services; or
``(B) equipment.''.
(e) Per Project and Aggregate Cost Limitations for
Construction and Repair Projects.--Subsection (l) of such
section, as added by section 1223(d) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1653), is amended to read as follows:
``(l) Limitation on Cost of Construction and Repair
Projects.--
``(1) In general.--The cost of construction and repair
projects carried out under this section may not exceed, in
any fiscal year--
``(A) $4,000,000 per project; or
``(B) $12,000,000 in the aggregate.
``(2) Foreign contributions.--The limitation under
paragraph (1) shall not apply to the expenditure of foreign
contributions in excess of the per-project or aggregate
limitation set forth in that paragraph.''.
(f) Inclusion of Limitation Pending Report.--Such section
is further amended by adding at the end the following new
subsection:
``(n) Limitation Pending Report.--None of the funds
authorized to be appropriated for fiscal year 2020 for the
Department of Defense may be obligated or expended for
activities under this section until 30 days after the date on
which the Secretary of Defense submits an unclassified
report, with a classified annex if necessary, to the
congressional defense committees setting forth the following:
``(1) A description of the efforts the United States will
undertake to train and equip appropriately vetted Syrian
groups and individuals for the purposes described in
subsection (a).
``(2) A detailed description of the appropriately vetted
Syrian groups and individuals to be trained and equipped
under this section, including a description of their
geographical locations, demographic profiles, political
affiliations, and current capabilities.
``(3) A detailed description of planned capabilities,
including categories of training, equipment, financial
support, sustainment, and supplies, intended to be provided
to appropriately vetted Syrian groups and individuals under
this section, and timelines for delivery.
``(4) A description of the planned posture of United States
forces and the planned level of engagement by such forces
with appropriately vetted Syrian groups and individuals,
including the oversight of equipment provided under this
section and the activities conducted by such appropriately
vetted Syrian groups and individuals.
``(5) An explanation of the processes and mechanisms for
local commanders of such forces to exercise command and
control of the elements of the appropriately vetted Syrian
groups and individuals after such elements have been trained
and equipped under this section.
``(6) A detailed explanation of the relationship between
appropriately vetted recipients and civilian governance
authorities and a description of efforts to ensure
appropriately vetted recipients are subject to the control of
competent civilian authorities.''.
SEC. 1222. EXTENSION OF AUTHORITY AND LIMITATION ON USE OF
FUNDS TO PROVIDE ASSISTANCE TO COUNTER THE
ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Extension.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3559), as most recently amended by section 1233(a)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is further amended
[[Page S3921]]
by striking ``December 31, 2020'' and inserting ``December
31, 2021''.
(b) Funding.--Subsection (g) of such section, as most
recently amended by section 1233(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019, is
further amended--
(1) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$645,000,000''.
(c) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated for fiscal year 2020 by this Act for
activities under such section 1236, as amended by subsection
(a), not more than $375,000,000 may be obligated or expended
for such activities until the date on which the Secretary of
Defense submits to the congressional defense committees a
report setting forth the following:
(1) An identification of the specific units of the Iraqi
Security Forces to receive training and equipment or other
support in fiscal year 2020.
(2) A plan for ensuring that any vehicles or equipment
provided to the Iraqi Security Forces pursuant to such
authority are maintained in subsequent fiscal years using
funds of Iraq.
(3) An estimate, by fiscal year, of the funding anticipated
to be required for support of the Iraqi Security Forces
during the five fiscal years beginning in fiscal year 2020.
(4) A plan for normalizing assistance to the Iraqi Security
Forces under chapter 16 of title 10, United States Code,
beginning in fiscal year 2020.
(5) A detailed plan for the obligation and expenditure of
the funds requested for fiscal year 2020 for the Department
of Defense for stipends.
(6) A plan for the transition to the Government of Iraq the
responsibility for funding for stipends for any fiscal year
after fiscal year 2020.
SEC. 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)''.
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.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the President shall, in
consultation with the Secretary of Defense, the Secretary of
State, the Director of National Intelligence, and the
Attorney General, designate an existing official within the
Executive Branch to serve as senior-level coordinator to
coordinate, in conjunction with the lead and other relevant
agencies, all matters for the United States Government
relating to the long-term disposition of members of the
Islamic State of Iraq and Syria (ISIS) and associated forces
(in this section referred to as ``ISIS detainees''),
including all matters in connection with--
(1) repatriation, transfer, prosecution, and intelligence-
gathering; and
(2) all multilateral and international engagements led by
the Department of State and other agencies that are related
to the current and future handling, detention, and
prosecution of ISIS detainees.
(b) Retention of Authority.--The appointment of a senior-
level coordinator pursuant to subsection (a) shall not
deprive any agency of any authority to independently perform
functions of that agency.
(c) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
each year thereafter through December 31, 2024, the
individual designated under subsection (a) shall submit to
the appropriate committees of Congress a detailed report
regarding the following ISIS detainees:
(A) Alexanda Kotey.
(B) El Shafee Elsheikh.
(C) Aine Lesley Davis.
(D) Umm Sayyaf.
(E) Any other high-value ISIS detainee that the coordinator
reasonably determines to be subject to criminal prosecution
in the United States.
(2) Elements.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A detailed description of the facilities where ISIS
detainees described in paragraph (1) are being held.
(B) An analysis of all United States efforts to prosecute
ISIS detainees described in paragraph (1) and the outcomes of
such efforts. Any information, the disclosure of which may
violate Department of Justice policy or law, relating to a
prosecution or investigation may be withheld from a report
under paragraph (1).
(C) A detailed description of any option to expedite
prosecution of any ISIS detainee described in paragraph (1),
including in a court of competent jurisdiction outside of the
United States.
(D) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of ISIS detainees
described in paragraph (1), and an assessment of any measures
available to mitigate such releases.
(E) A detailed description of all multilateral and other
international efforts or proposals that would assist in the
prosecution of ISIS detainees described in paragraph (1).
(F) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share intelligence or evidence
that may aid in the prosecution of members of the Islamic
State of Iraq and Syria and associated forces, and any legal
obstacles that may hinder such efforts.
(G) An analysis of the manner in which the United States
Government communicates on such proposals and efforts to the
families of United States citizens believed to be a victim of
a criminal act by an ISIS detainee.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE
MOSUL AND RAQQAH FROM CONTROL OF THE ISLAMIC
STATE OF IRAQ AND SYRIA.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on lessons learned from coalition operations to liberate
Mosul, Iraq, and Raqqah, Syria, from control of the Islamic
State of Iraq and Syria (ISIS).
(b) Elements.--The report required by subsection (a) shall
include a description of lessons learned in connection with
each of the following:
(1) Combat in densely populated urban environments.
(2) Enablement of partner forces, including unique aspects
of conducting combined operations with regular and irregular
forces.
(3) Advise, assist, and accompany efforts, including such
efforts conducted remotely.
(4) Integration of United States general purpose and
special operations forces.
(5) Integration of United States and international forces.
(6) Irregular and unconventional warfare approaches,
including the application of training and doctrine by special
operations and general purpose forces.
(7) Use of command, control, communications, computer,
intelligence, surveillance, and reconnaissance systems and
techniques.
(8) Logistics.
(9) Information operations.
(10) Targeting and weaponeering, including efforts to avoid
civilian casualties and other collateral damage.
(11) Facilitation of flows of internally displaced people
and humanitarian assistance.
(12) Such other matters as the Secretary considers
appropriate and could benefit training, doctrine, and
resourcing of future operations.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
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.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under
subsection (a) if the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
[[Page S3922]]
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason
for seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 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.
Notwithstanding any other provision of law, if the
President provides notice of withdrawal of the United States
from the North Atlantic Treaty, done at Washington D.C. April
4, 1949, pursuant to Article 13 of the Treaty, during the
one-year period beginning on the date of such notice, no
funds authorized to be appropriated by this Act may be
obligated, expended, or reprogrammed for the withdrawal of
the United States Armed Forces from Europe.
SEC. 1233. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Subsection (a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as
most recently amended by section 1247 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is further amended in the matter
preceding paragraph (1) by striking ``fiscal year 2017, 2018,
or 2019'' and inserting ``fiscal year 2017, 2018, 2019, or
2020''.
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068), as most
recently amended by section 1246 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is further amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``in coordination with the Secretary of
State'' and inserting ``with the concurrence of the Secretary
of State'';
(2) in subsection (b)--
(A) by amending paragraph (11) to read as follows:
``(11) Air defense and coastal defense radars, and systems
to support effective command and control and integration of
air defense and coastal defense capabilities.'';
(B) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(C) by inserting after paragraph (13) the following new
paragraph (14):
``(14) Coastal defense and anti-ship missile systems.'';
and
(D) in paragraph (15), as so redesignated, by striking
``paragraphs (1) through (13)'' and inserting ``paragraphs
(1) through (14)'';
(3) in subsection (c), by amending paragraph (5) to read as
follows:
``(5) Lethal assistance.--Of the funds available for fiscal
year 2020 pursuant to subsection (f)(5), $100,000,000 shall
be available only for lethal assistance described in
paragraphs (2), (3), (11), (12), and (14) of subsection
(b).'';
(4) in subsection (f), by adding at the end the following
new paragraph:
``(5) For fiscal year 2020, $300,000,000.''; and
(5) in subsection (h), by striking ``December 31, 2021''
and inserting ``December 31, 2022''.
SEC. 1235. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN
EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE
OF MULTILATERAL EXERCISES.
Subsection (h) of section 1251 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note)
is amended--
(1) in the first sentence, by striking ``December 31,
2020'' and inserting ``December 31, 2022''; and
(2) in the second sentence, by striking ``for for the
period beginning on October 1, 2015, and ending on December
31, 2020'' and inserting ``for the period beginning on
October 1, 2015, and ending on December 31, 2022''.
SEC. 1236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE
REPUBLIC OF TURKEY.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense may be
used to do the following:
(1) Transfer, or facilitate the transfer of, F-35 aircraft
to the territory of the Republic of Turkey.
(2) Transfer equipment, intellectual property, or technical
data necessary for or related to the maintenance or support
of the F-35 aircraft in the territory of the Republic of
Turkey.
(3) Construct facilities for or otherwise associated with
the storage of F-35 aircraft in the territory of the Republic
of Turkey.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the limitation under
subsection (a) if the Secretary of Defense and the Secretary
of State submit to the congressional defense committees, the
Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a certification that the Government of Turkey--
(1) has not accepted delivery of the S-400 air and missile
defense system from the Russian Federation; and
(2) has provided reliable assurances that the Government of
Turkey will not accept delivery of the S-400 air and missile
defense system from the Russian Federation in the future.
SEC. 1237. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND
REPORTING REQUIREMENTS RELATING TO NON-
COMPLIANCE BY THE RUSSIAN FEDERATION WITH ITS
OBLIGATIONS UNDER THE INF TREATY.
(a) Briefing Requirement.--Section 1244(d) of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3565; 22 U.S.C. 2593a note)--
(1) by striking ``At the time'' and inserting the
following:
``(A) In general.--At the time''; and
(2) by adding at the end the following new subparagraph:
``(B) Sunset.--The briefing requirement under subparagraph
(A) shall be in effect so long as the INF Treaty remains in
force.''.
(b) Notification Requirement Relating to Coordination With
Allies.--Section 1243(c) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1601) is amended by adding at the end the following
new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(c) Notification Requirement Relating to Development,
Deployment, or Test of a System Inconsistent With INF
Treaty.--Section 1244(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at
the end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
(d) Reporting Requirement Under Ukraine Freedom Support Act
of 2014.--Section 10(c) of the Ukraine Freedom Support Act of
2014 (22 U.S.C. 8929) is amended by adding at the end the
following new paragraph:
``(3) Sunset.--The reporting requirement under paragraph
(1) shall be in effect so long as the INF Treaty remains in
force.''.
SEC. 1238. EXTENSION AND MODIFICATION OF SECURITY ASSISTANCE
FOR BALTIC NATIONS FOR JOINT PROGRAM FOR
INTEROPERABILITY AND DETERRENCE AGAINST
AGGRESSION.
(a) Additional Defense Articles and Services.--Subsection
(c) of section 1279D of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1702;
22 U.S.C. 2753 note) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance (C4ISR)
equipment.''.
(b) Funding.--Subsection (f) of such section is amended--
(1) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$125,000,000''; and
(2) by adding at the end the following new paragraph:
``(3) Matching amount.--The amount of assistance provided
under subsection (a) for procurement described in subsection
(b) may not exceed the aggregate amount contributed to such
procurement by the Baltic nations.''.
(c) Extension.--Subsection (g) of such section is amended
by striking ``December 31, 2020'' and inserting ``December
31, 2022''.
SEC. 1239. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION
READINESS INITIATIVE.
(a) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense
committees a report on the North Atlantic Treaty Organization
(NATO) Readiness Initiative, which shall include assessments
of the following:
(1) The number of units North Atlantic Treaty Organization
allies have pledged against the benchmark to provide an
additional 30 air attack squadrons, 30 naval combat vessels,
and 30 mechanized battalions ready to fight in not more than
30 days.
(2) The procedure by which the North Atlantic Treaty
Organization certifies, reports, and ensures that the Supreme
Allied Commander Europe (SACEUR) maintains a detailed
understanding of the readiness of the forces described in
paragraph (1).
(3) The North Atlantic Treaty Organization plan to maintain
the readiness of such forces in future years.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1240. REPORTS ON CONTRIBUTIONS TO THE NORTH ATLANTIC
TREATY ORGANIZATION.
(a) In General.--Beginning in 2020, and annually thereafter
through 2025, not later than 30 days after the date on which
the annual report of the Secretary General of the North
Atlantic Treaty Organization for the preceding calendar year
is published, the Secretary of Defense, in consultation with
the Commander of United States European Command, shall submit
to the appropriate committees of Congress a report that
includes the following:
(1) A link to an electronic version of such annual report
of the Secretary General of the North Atlantic Treaty
Organization.
[[Page S3923]]
(2) A summary of the key findings of such annual report.
(3) A description of the significant financial
contributions by member countries of the North Atlantic
Treaty Organization that support the presence or operations
of the United States Armed Forces in Europe.
(4) An assessment of the progress of each member country of
the North Atlantic Treaty Organization toward meeting the
North Atlantic Treaty Organization capability targets for
such member country.
(5) An assessment of North Atlantic Treaty Organization
capability and capacity shortfalls that may be addressed
through investment by North Atlantic Treaty Organization
member countries that have not met the Defense Investment
Pledge made at the 2014 summit of the North Atlantic Treaty
Organization in Wales.
(6) A description of the contribution of each member
country of the North Atlantic Treaty Organization to the NATO
Readiness Initiative.
(7) A description of--
(A) the personnel and financial contributions of each
member country of the North Atlantic Treaty Organization to
military or stability operations in which the United States
Armed Forces are a participant; and
(B) any limitation placed by such member country on the use
of such contributions.
(8) An assessment of the compatibility and alignment of
United States and North Atlantic Treaty Organization
contingency plans, including recommendations to reduce the
risk of executing such plans.
(9) An assessment of current North Atlantic Treaty
Organization initiatives, and any recommendations for future
reforms or initiatives, to accelerate the speed of decision
and deployability of North Atlantic Treaty Organization
forces.
(b) Form.--Each report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1241. FUTURE YEARS PLANS FOR EUROPEAN DETERRENCE
INITIATIVE.
(a) Plan Required.--
(1) Initial plan.--
(A) In general.--Not later than December 31, 2019, the
Secretary of Defense, in consultation with the Commander of
the United States European Command, shall submit to the
congressional defense committees a future years plan on
activities and resources of the European Deterrence
Initiative (EDI) for fiscal year 2020 and not fewer than the
four succeeding fiscal years.
(B) Matters to be included.--The plan required under
subparagraph (A) shall include the following:
(i) A description of the objectives of the European
Deterrence Initiative, including a description of--
(I) the intended force structure and posture of the
assigned and allocated forces within the area of
responsibility of the United States European Command for the
last fiscal year of the plan; and
(II) the manner in which such force structure and posture
support the implementation of the National Defense Strategy.
(ii) An assessment of capabilities requirements to achieve
the objectives of the European Deterrence Initiative.
(iii) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs, to achieve the objectives of the European Deterrence
Initiative.
(iv) An identification of required infrastructure and
military construction investments to achieve the objectives
of the European Deterrence Initiative, including potential
infrastructure investments by host nations.
(v) An assessment of security cooperation investments
required to achieve the objectives of the European Deterrence
Initiative.
(vi) A plan to fully resource United States force posture
and capabilities, including--
(I) a detailed assessment of the resources necessary to
address the requirements described in clauses (i) through
(v), including specific cost estimates for each project in
the European Deterrence Initiative to support increased
presence, exercises and training, enhanced prepositioning,
improved infrastructure, and building partnership capacity;
and
(II) a detailed timeline to achieve the intended force
structure and posture described in clause (i)(I).
(2) Subsequent plan.--
(A) In general.--Not later than the date on which the
Secretary submits to Congress the budget request for the
Department of Defense for fiscal year 2021, the Secretary, in
consultation with the Commander of the United States European
Command, shall submit to the congressional defense committees
a future years plan on activities and resources of the
European Deterrence Initiative for fiscal year 2021 and not
fewer than the four succeeding fiscal years.
(B) Matters to be included.--The plan required under
subparagraph (A) shall include--
(i) the matters described in subparagraph (B) of paragraph
(1); and
(ii) a detailed explanation of any significant
modifications in requirements or resources, as compared to
the plan submitted under that paragraph.
(b) Form.--The plans required under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1242. MODIFICATION OF REPORTING REQUIREMENTS RELATING TO
THE OPEN SKIES TREATY.
(a) Plan for Implementation Flights.--Section 1235(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``the President'' and inserting ``the
Secretary of Defense''; and
(B) by striking ``with respect to such fiscal year'' and
inserting ``with respect to the calendar year in which the
flight is to be conducted'';
(2) in paragraph (2), by striking ``during such fiscal
year'' and inserting ``during such calendar year''; and
(3) in paragraph (3), by striking ``with respect to a
fiscal year'' and inserting ``with respect to a calendar
year''.
(b) Quarterly Reports on Observation Flights by the Russian
Federation.--
(1) In general.--Paragraph (1) of subsection (c) of section
1236 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2491) is amended by
striking ``on a quarterly basis'' and inserting ``on an
annual basis''.
(2) Conforming amendment.--Such subsection is further
amended, in the subsection heading, by striking ``Quarterly''
and inserting ``Annual''.
SEC. 1243. REPORT ON NUCLEAR WEAPONS OF THE RUSSIAN
FEDERATION AND NUCLEAR MODERNIZATION OF THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than February 15, 2020, the
Secretary of Defense, in coordination with the Director of
National Intelligence and the Secretary of State, shall
submit to the appropriate committees of Congress a report
that includes the following:
(1) An assessment of the deployed nuclear weapons of the
Russian Federation not covered by the New START Treaty.
(2) An assessment of the nuclear weapons of the Russian
Federation in development that would not be covered by the
New START Treaty.
(3) An assessment of the strategic nuclear weapons of the
Russian Federation that are not deployed.
(4) An assessment of the efforts of the People's Republic
of China with respect to nuclear modernization.
(5) The implications of such assessments with respect to
the limitations on strategic weapons of the United States and
the Russian Federation under the New START Treaty.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of
the Senate; and
(B) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign
Affairs of the House of Representatives.
(2) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed on April 8,
2010, and entered into force on February 5, 2011.
SEC. 1244. SENSE OF SENATE ON THE 70TH ANNIVERSARY OF THE
NORTH ATLANTIC TREATY ORGANIZATION.
Commemorating the 70th anniversary of the North Atlantic
Treaty Organization (NATO), the Senate--
(1) recognizes the North Atlantic Treaty Organization as
the most successful military alliance in history, founded on
the principles of democracy, individual liberty, and the rule
of law;
(2) commends the singular contributions of the North
Atlantic Treaty Organization to the security, prosperity, and
freedom of its members;
(3) upholds membership in the North Atlantic Treaty
Organization as a cornerstone of the security and national
defense of the United States;
(4) affirms the ironclad commitment of the United States to
uphold its obligations under the North Atlantic Treaty,
including under Article 5 of such treaty;
(5) honors the contributions of North Atlantic Treaty
Organization allies to the security of the United States,
including the invocation of Article 5 of the North Atlantic
Treaty after the September 11, 2001, terrorist attacks
against the United States;
(6) urges North Atlantic Treaty Organization allies to
uphold their obligations under Article 3 of the North
Atlantic Treaty to ``maintain and develop their individual
and collective capacity to resist armed attack'' by honoring
the Defense Investment Pledge made at the Wales Summit in
2014;
(7) notes the commitment of North Atlantic Treaty
Organization allies to contribute to strengthening their free
institutions, bringing about a better understanding of the
principles on which such institutions are founded and
promoting conditions of stability and well-being; and
[[Page S3924]]
(8) welcomes efforts to reform and modernize the North
Atlantic Treaty Organization to meet current and future
threats, including though accelerated modernization, improved
readiness, command structure adaptation, and increased speed
of alliance decision-making.
SEC. 1245. SENSE OF SENATE ON UNITED STATES FORCE POSTURE IN
EUROPE AND THE REPUBLIC OF POLAND.
It is the sense of the Senate that--
(1) the 2018 National Defense Strategy identifies long-term
strategic competition with the Russian Federation as a
principal priority for the Department of Defense that
requires increased and sustained investment;
(2) despite significant progress through the European
Deterrence Initiative, the current force posture of the
United States is not yet sufficient to support the National
Defense Strategy;
(3) due to the geostrategic location and capabilities of
the armed forces of the Republic of Poland, the Republic of
Poland is critical to deterring, defending against, and
defeating Russian aggression against North Atlantic Treaty
Organization allies in Central and Eastern Europe; and
(4) the United States should increase the persistent
presence of United States forces in the Republic of Poland,
including key combat enabler units such as warfighting
headquarters elements--
(A) to enhance deterrence against Russian aggression; and
(B) to reduce the risk of executing Department of Defense
contingency plans.
SEC. 1246. SENSE OF SENATE ON UNITED STATES PARTNERSHIP WITH
THE REPUBLIC OF GEORGIA.
It is the sense of the Senate that the United States
should--
(1) promote the enduring strategic partnership of the
United States with the Republic of Georgia;
(2) support robust security sector assistance for the
Republic of Georgia, including defensive lethal assistance--
(A) to strengthen the defense capabilities and readiness of
the Republic of Georgia;
(B) to improve interoperability with North Atlantic Treaty
Organization (NATO) forces; and
(C) to bolster deterrence against aggression by the Russian
Federation;
(3) enhance security in the Black Sea region by increasing
engagement and security cooperation with Black Sea countries,
including by increasing the frequency, scale, and scope of
North Atlantic Treaty Organization and other multilateral
exercises in the Black Sea region with the participation of
the Republic of Georgia and Ukraine; and
(4) affirm support for the North Atlantic Treaty
Organization open door policy, including the eventual
membership of the Republic of Georgia in the North Atlantic
Treaty Organization.
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.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the
Armed Forces in the territory of the Republic of Korea below
28,500 until 90 days after the date on which the Secretary of
Defense certifies to the congressional defense committees the
following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) Such a reduction is commensurate with a reduction in
the threat posed to the security of the United States and its
allies in the region by the conventional military forces of
the Democratic People's Republic of Korea.
(3) The Secretary has appropriately consulted with allies
of the United States, including the Republic of Korea and
Japan, regarding such a reduction.
SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE.
Section 1263(b) of the National Defense Authorization Act
for Fiscal Year 2016 (10 U.S.C. 333 note) is amended by
adding at the end the following new paragraphs:
``(8) The Federated States of Micronesia.
``(9) The Kingdom of Tonga.
``(10) Papua New Guinea.
``(11) The Republic of Fiji.
``(12) The Republic of the Marshall Islands.
``(13) The Republic of Palau.
``(14) The Republic of Vanuatu.
``(15) The Solomon Islands.''.
SEC. 1253. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
Paragraph (26) of section 1202(b) of the National Defense
Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note)
is amended to read as follows:
``(26) The relationship between Chinese overseas
investment, including the Belt and Road Initiative and the
Digital Silk Road, and Chinese security and military strategy
objectives, including--
``(A) an assessment of Chinese investments or projects
likely, or with significant potential, to be converted into
military assets of the People's Republic of China;
``(B) an assessment of Chinese investments or projects of
greatest concern with respect to United States national
security interests;
``(C) a description of any Chinese investment or project
linked to military cooperation with the country in which the
investment or project is located, such as cooperation on
satellite navigation or arms production; and
``(D) an assessment of any Chinese investment or project,
and any associated agreement, that--
``(i) presents significant financial risk for the country
in which the investment or project is located; or
``(ii) may undermine the sovereignty of such country.''.
SEC. 1254. REPORT ON RESOURCING UNITED STATES DEFENSE
REQUIREMENTS FOR THE INDO-PACIFIC REGION.
(a) Report Required.--
(1) In general.--Not later than January 31, 2020, the
Commander of United States Indo-Pacific Command shall submit
to the congressional defense committees a report containing
the independent assessment of the Commander with respect to
the activities and resources required, for fiscal years 2022
through 2026, to achieve the following objectives:
(A) The implementation of the National Defense Strategy
with respect to the Indo-Pacific region.
(B) The maintenance or restoration of the comparative
military advantage of the United States with respect to the
People's Republic of China.
(C) The reduction of the risk of executing contingency
plans of the Department of Defense.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A description of the intended force structure and
posture of assigned and allocated forces within the area of
responsibility of United States Indo-Pacific Command for
fiscal year 2026 to achieve the objectives described in
paragraph (1).
(B) An assessment of capabilities requirements to achieve
such objectives.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance
needs to achieve such objectives.
(D) An identification of required infrastructure and
military construction investments to achieve such objectives.
(E) An assessment of security cooperation activities or
resources required to achieve such objectives.
(F) A plan to fully resource United States force posture
and capabilities, including--
(i) a detailed assessment of the resources necessary to
address the elements described in subparagraphs (A) through
(E), including specific cost estimates for priority
investments or projects--
(I) to increase joint force lethality;
(II) to enhance force design and posture;
(III) to support a robust exercise, experimentation, and
innovation program; and
(IV) to strengthen cooperation with allies and partners;
and
(ii) a detailed timeline to achieve the intended force
structure and posture described in subparagraph (A).
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an
unclassified summary.
(4) Availability.--On submittal of the report to the
congressional defense committees, the Commander of United
States Indo-Pacific Command shall make the report available
to the Secretary of Defense, the Director of Cost Assessment
and Program Evaluation, the Chairman of the Joint Chiefs of
Staff, the Secretaries of the military departments, and the
chiefs of staff of each military service.
(b) Briefings Required.--
(1) Initial briefing.--Not later than March 15, 2020, the
Secretary of Defense, the Director of Cost Assessment and
Program Evaluation, and the Chairman of the Joint Chiefs of
Staff shall provide to the congressional defense committees a
joint briefing, and documents as appropriate, with respect to
their assessments of the report submitted under subsection
(a), including their assessments of the feasibility and
advisability of the plan required by paragraph (2)(F) of that
subsection.
(2) Subsequent briefing.--Not later than March 31, 2020,
the Secretary of the Air Force, the Secretary of the Army,
and the Secretary of the Navy shall provide to the
congressional defense committees a joint briefing, and
documents as appropriate, with respect to their assessments
of the report submitted under subsection (a), including their
assessments of the feasibility and advisability of the plan
required by paragraph (2)(F) of that subsection.
SEC. 1255. REPORT ON DISTRIBUTED LAY-DOWN OF UNITED STATES
FORCES IN THE INDO-PACIFIC REGION.
(a) Review.--Acknowledging the pressing need to reduce the
presence of the United States Marine Corps on Okinawa, Japan,
and to accelerate adjustments to United States force posture
in the Indo-Pacific region, the Secretary of Defense, in
consultation with the Government of Japan and other foreign
governments as necessary, shall conduct a review of the
planned distribution of members of the United States Armed
Forces in Okinawa, Guam, Hawaii, Australia, and elsewhere
that is contemplated in support of the joint statement of the
United States-Japan Security Consultative Committee issued
April 26, 2012, in the District of Columbia (April 27, 2012,
in Tokyo, Japan) and revised
[[Page S3925]]
on October 3, 2013, in Tokyo, hereafter referred to as the
``distributed lay-down''.
(b) Elements.--The review required by subsection (a) shall
include an updated analysis of the distributed lay-down,
including--
(1) an assessment of the impact of the distributed lay-down
on the ability of the Armed Forces to respond to current and
future contingencies in the area of responsibility of United
States Indo-Pacific Command that reflects contingency plans
of the Department of the Defense;
(2) the projected total cost, including any past or
projected changes in cost;
(3) a description of the adequacy of current and expected
training resources at each location associated with the
distributed lay-down, including the ability to train against
the full spectrum of threats from near-peer or peer threats
any projected limitations due to political, environmental, or
other limiting factors;
(4) an assessment of political support for United States
force presence from host countries and local communities and
populations;
(5) an analysis of growth potential for increased force
size or training; and
(6) an updated and detailed description of any military
construction projects required to execute the distributed
lay-down.
(c) Certification.--Not later than 15 days after the
completion of the review required by subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees--
(1) a certification that the Department of Defense will
continue implementation of the distributed lay-down; or
(2) a notification that the Department of Defense intends
to seek revisions to the distributed lay-down in consultation
with the Government of Japan.
(d) Report.--Not later than 120 days after the completion
of the review required by subsection (a), the Secretary of
Defense shall provide the congressional defense committees a
report on the results of the review, including--
(1) a detailed description of any recommendations for
revisions to the distributed lay-down such as alternative
locations for basing in Alaska, Hawaii, the continental
United States, Japan, and Oceania; and
(2) an assessment of the results of the review and
recommendations described in paragraph (1) by the Chairman of
the Joint Chiefs of Staff.
(e) Comptroller General Report.--Not later than 120 days
after the submission of the report required by subsection
(d), the Comptroller General of the United States shall
submit to the congressional defense committees a report
containing an analysis of the current status of the
distributed lay-down, the review described in subsection (a),
and the report described in subsection (d).
SEC. 1256. SENSE OF SENATE ON THE UNITED STATES-JAPAN
ALLIANCE AND DEFENSE COOPERATION.
It is the sense of the Senate that--
(1) the United States-Japan alliance remains the
cornerstone of peace and security for a free and open Indo-
Pacific region;
(2) although the United States Government does not take a
position on sovereignty of the Senkaku Islands, the United
States acknowledges that the islands are under the
administration of Japan and opposes any unilateral actions
that would seek to undermine their administration by Japan;
(3) the unilateral actions of a third party will not affect
United States acknowledgment of the administration of Japan
over the Senkaku Islands, and the United States remains
committed under the Treaty of Mutual Cooperation and Security
with Japan to respond to any armed attack in the territories
under the administration of Japan;
(4) Japan continues to make contributions to regional
security and prosperity that make the United States safer and
more prosperous;
(5) the Government of Japan has played a critical
leadership role in promoting a free and open Indo-Pacific,
which is a primary objective of United States national
security policy, including through its efforts concerning
trade, investment, energy, rule of law, and good governance;
(6) the Government of Japan has been instrumental improving
cooperation between the United States, Japan, Australia, and
India as well as improving relations with countries in the
Association of Southeast Asian Nations;
(7) the Government of Japan has been a strong supporter of
United States efforts to achieve the complete and verifiable
denuclearization of North Korea, and has played a leading
role in enforcing United Nations Security Council Resolution
sanctions against North Korea;
(8) the Government of Japan has taken significant steps to
enhance military capabilities for its own defense while
increasing its contributions to collective security,
including through passage of legislation concerning
collective self-defense, the publication of the National
Defense Program Guidelines and the Mid-Term Defense Program,
and record investments in advanced defense capabilities in
the maritime, air, space, and cyber domains;
(9) while it should continue to increase its defense
spending in order to make a greater contribution to allied
defense capabilities, the Government of Japan has made among
the most significant ``burden sharing'' contributions of any
United States ally, including through direct cost sharing,
paying for the realignment of United States forces currently
stationed in Okinawa, community support, and other alliance-
related expenditures;
(10) upcoming negotiations concerning a new Special
Measures Agreement between the United States and Japan should
be conducted in a spirit consistent with prior negotiations
on the basis of common interest and mutual respect; and
(11) the United States and Japan should take actions to
enhance United States-Japan defense cooperation, including
through increased use of combined bases for allied
operations, further integration of allied command structures,
consideration of the establishment of a combined joint task
force, enhanced combined contingency planning for both
conventional conflict and so-called ``gray zone'' incidents,
and opportunities for co-development of defense equipment and
technology cooperation.
SEC. 1257. SENSE OF SENATE ON ENHANCEMENT OF THE UNITED
STATES-TAIWAN DEFENSE RELATIONSHIP.
It is the sense of the Senate that--
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(2) the United States should strengthen defense and
security cooperation with Taiwan to support the development
of capable, ready, and modern defense forces necessary for
Taiwan to maintain a sufficient self-defense capability;
(3) the United States should strongly support the
acquisition by Taiwan of defense articles and services
through foreign military sales, direct commercial sales, and
industrial cooperation, with an emphasis on anti-ship,
coastal defense, anti-armor, air defense, undersea warfare,
advanced command, control, communications, computer,
intelligence, surveillance, and reconnaissance (C4ISR), and
resilient command and control capabilities that support the
asymmetric defense strategy of Taiwan;
(4) the President and Congress should determine the nature
and quantity of such defense articles and services based
solely upon their judgment of the needs of Taiwan as required
by the Taiwan Relations Act;
(5) the United States should continue efforts to improve
the predictability of United States arms sales to Taiwan by
ensuring timely review of and response to requests of Taiwan
for defense articles and services;
(6) the Secretary of Defense should promote policies
concerning exchanges that enhance the security of Taiwan
including--
(A) opportunities with Taiwan for practical training and
military exercises that--
(i) enable Taiwan to maintain a sufficient self-defense
capability, as described in section 3(a) of the Taiwan
Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric
defense strategy of Taiwan;
(B) exchanges between senior defense officials and general
officers of the United States and Taiwan, consistent with the
Taiwan Travel Act (Public Law 115-135), especially for the
purpose of enhancing cooperation on defense planning and
improving the interoperability of United States and Taiwan
forces; and
(C) opportunities for exchanges between junior officers and
senior enlisted personnel of the United States and Taiwan;
(7) the United States and Taiwan should expand cooperation
in humanitarian assistance and disaster relief;
(8) the Secretary of Defense should consider supporting the
visit of a United States hospital ship to Taiwan as part of
the annual ``Pacific Partnership'' mission, as well as the
participation of Taiwan medical vessels in appropriate
exercises with the United States, in order to improve
disaster response planning and preparedness; and
(9) the Secretary of Defense should continue regular
transits of United States Navy vessels through the Taiwan
Strait, commend the armed forces of France for their April 6,
2019, legal transit of the Taiwan Strait, and encourage
allies and partners to follow suit in conducting such
transits, in order to demonstrate the commitment of the
United States and its allies and partners to fly, sail, and
operate anywhere international law allows.
SEC. 1258. SENSE OF SENATE ON UNITED STATES-INDIA DEFENSE
RELATIONSHIP.
It is the sense of the Senate that the United States should
strengthen and enhance its major defense partnership with
India and work toward the following mutual security
objectives:
(1) Expanding engagement in multilateral frameworks,
including the quadrilateral dialogue among the United States,
India, Japan, and Australia, to promote regional security and
defend shared values and common interests in the rules-based
order.
(2) Increasing the frequency and scope of exchanges between
senior civilian officials and military officers of the United
States and India to support the development and
implementation of the major defense partnership.
(3) Exploring additional steps to implement the major
defense partner designation to better facilitate
interoperability, information sharing, and appropriate
technology transfers.
(4) Pursuing strategic initiatives to help develop the
defense capabilities of India.
(5) Conducting additional combined exercises with India in
the Persian Gulf, Indian Ocean, and western Pacific regions.
(6) Furthering cooperative efforts to promote stability and
security in Afghanistan.
[[Page S3926]]
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.
It is the sense of the Senate that--
(1) the United States remains committed to its alliances
with Japan and the Republic of Korea, which are--
(A) the cornerstones of peace and stability in the Indo-
Pacific region; and
(B) based on the shared values of democracy, the rule of
law, free and open markets, and respect for human rights;
(2) cooperation among the United States, Japan, and the
Republic of Korea is essential for confronting global
challenges, including--
(A) preventing the proliferation of weapons of mass
destruction;
(B) combating piracy;
(C) assisting victims of conflict and disaster worldwide;
(D) protecting maritime security; and
(E) ensuring freedom of navigation, commerce, and
overflight in the Indo-Pacific region;
(3) the United States, Japan, and the Republic of Korea
share deep concern that the nuclear and ballistic missile
programs, the conventional military capabilities, and the
chemical and biological weapons programs of the Democratic
People's Republic of Korea, together with the long history of
aggression and provocation by the Democratic People's
Republic of Korea, pose grave threats to peace and stability
on the Korean Peninsula and in the Indo-Pacific region;
(4) the United States welcomes greater security cooperation
with and between Japan and the Republic of Korea to promote
mutual interests and address shared concerns, including--
(A) the bilateral military intelligence-sharing pact
between Japan and the Republic of Korea, signed on November
23, 2016; and
(B) the trilateral intelligence sharing agreement among the
United States, Japan, and the Republic of Korea, signed on
December 29, 2015; and
(5) recognizing that the security of the United States,
Japan, and the Republic of Korea are intertwined because they
face common threats, including from the Democratic People's
Republic of Korea, the United States welcomes and encourages
deeper trilateral defense coordination and cooperation,
including through expanded exercises, training, senior-level
exchanges, and information sharing.
SEC. 1260. SENSE OF SENATE ON ENHANCED COOPERATION WITH
PACIFIC ISLAND COUNTRIES TO ESTABLISH OPEN-
SOURCE INTELLIGENCE FUSION CENTERS IN THE INDO-
PACIFIC REGION.
It is the sense of the Senate that--
(1) the Pacific Island countries in the Indo-Pacific region
are critical partners of the United States;
(2) the United States should take steps to enhance
collaboration with Pacific Island countries; and
(3) United States Indo-Pacific Command should pursue the
establishment of one or more open-source intelligence fusion
centers in the Indo-Pacific region to enhance cooperation
with Pacific Island countries, which may include
participation in an existing fusion center of a partner or
ally in lieu of establishing an entirely new fusion center.
SEC. 1261. SENSE OF SENATE ON ENHANCING DEFENSE AND SECURITY
COOPERATION WITH THE REPUBLIC OF SINGAPORE.
It is the sense of the Senate that--
(1) the United States and the Republic of Singapore have
built a strong, enduring, and forward-looking strategic
partnership based on long-standing and mutually beneficial
cooperation, including through security, defense, economic,
and people-to-people ties;
(2) robust security cooperation between the United States
and the Republic of Singapore is crucial to promoting peace
and stability in the Indo-Pacific region;
(3) the status of the Republic of Singapore as a major
security cooperation partner of the United States, as
recognized in the 2005 Strategic Framework Agreement between
the United States and the Republic of Singapore for a Closer
Partnership in Defense and Security, plays an important role
in the global network of strategic partnerships, especially
in promoting maritime security and countering terrorism;
(4) the United States highly values the Republic of
Singapore's provision of access to its military facilities,
which supports the continued security presence of the United
States in Southeast Asia and across the Indo-Pacific region;
(5) the United States should continue to welcome the
presence of the Singapore Armed Forces in the United States
for exercises and training, and should consider opportunities
to expand such activities at additional locations in the
United States, as appropriate; and
(6) as the United States and the Republic of Singapore
negotiate the renewal of the 1990 Memorandum of Understanding
Regarding the United States Use of Facilities in Singapore,
the United States should--
(A) continue to enhance defense and security cooperation
with the Republic of Singapore to promote peace and stability
in the Indo-Pacific region based on common interests and
shared values;
(B) reinforce the status of the Republic of Singapore as a
major security cooperation partner of the United States;
(C) enhance defense cooperation in the military, policy,
strategic, and technological spheres, especially concerning
maritime security and counterterrorism, counterpiracy,
humanitarian assistance and disaster relief, cybersecurity,
and biosecurity; and
(D) explore additional steps to better facilitate military
interoperability and information sharing through appropriate
technology transfers.
Subtitle F--Reports
SEC. 1271. REPORT ON COST IMPOSITION STRATEGY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
describing the cost imposition strategies of the Department
of Defense with respect to the People's Republic of China and
the Russian Federation.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A description of the manner in which the future-years
defense program and current operational concepts of the
Department are designed to impose costs on the People's
Republic of China and the Russian Federation, including--
(A) political, economic, monetary, human capital, and
technology costs; and
(B) costs associated with military efficiency and
effectiveness.
(2) A description of the policies and processes of the
Department relating to the development and execution of cost
imposition strategies.
(c) Form.--The report under subsection (a) shall be
submitted in classified form, and shall include an
unclassified summary.
Subtitle G--Other Matters
SEC. 1281. NATO SPECIAL OPERATIONS HEADQUARTERS.
Section 1244 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2541), as most
recently amended by section 1280 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1080), is further amended--
(1) in subsection (a), by striking ``each of fiscal years
2013 through 2020'' and inserting ``each of fiscal years 2013
through 2025'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
SEC. 1282. MODIFICATIONS OF AUTHORITIES RELATING TO
ACQUISITION AND CROSS-SERVICING AGREEMENTS.
(a) Reimbursement for Cost of Logistic Support, Supplies,
and Services.--Subsection (a) of section 2342 of title 10,
United States Code, is amended--
(1) in paragraph (2), by striking ``in return for'' and all
that follows through the period at the end and inserting the
following: ``in return for--
``(A) the reciprocal provisions of logistic support,
supplies, and services by such government or organization to
elements of the armed forces; or
``(B) cash reimbursement for the fully burdened cost of the
logistic support, supplies, and services provided by the
United States.''; and
(2) by adding at the end the following new paragraphs:
``(3) A reciprocal transaction for logistic support,
supplies, and services shall be reconciled not later than one
year after the date on which the transaction occurs, at which
time the Secretary of Defense shall seek cash reimbursement
for the fully burdened cost of the logistic support,
supplies, and services provided by the United States that has
not been offset by the value of the logistic support,
supplies, and services provided by the recipient government
or organization.
``(4) An agreement entered into under this section shall
require any accrued credits or liabilities resulting from an
unequal exchange of logistic support, supplies, and services
to be liquidated not less frequently than once every five
years.''.
(b) Designation and Notice of Intent to Enter Into
Agreement With Non-NATO Country.--Subsection (b) of such
section is amended to read as follows:
``(b)(1) The Secretary of Defense may not designate a
country for an agreement under this section unless--
``(A) the Secretary, after consultation with the Secretary
of State, determines that the designation of such country for
such purpose is in the interest of the national security of
the United States; and
``(B) in the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary submits to
the appropriate committees of Congress notice of the intended
designation not less than 30 days before the date on which
such country is designated by the Secretary under subsection
(a).
``(2) In the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary of Defense
may not enter into an agreement under this section unless the
Secretary submits to the appropriate committees of Congress a
notice of intent to enter into such an agreement not less
than 30 days before the date on which the Secretary enters
into the agreement.''.
(c) Oversight and Monitoring Responsibilities.--Such
section is further amended--
[[Page S3927]]
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f)(1) The Under Secretary of Defense for Policy shall
have primary responsibility within the Office of the
Secretary of Defense for oversight of agreements entered into
and activities carried out under the authority of this
subchapter.
``(2) The Director of the Defense Security Cooperation
Agency shall have primary responsibility for--
``(A) monitoring the implementation of such agreements; and
``(B) accounting for logistic support, supplies, and
services received or provided under such authority.''.
(d) Regulations.--Subsection (g) of such section, as
redesignated by subsection (c)(1), is amended to read as
follows:
``(g)(1) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall
prescribe regulations to ensure that--
``(A) contracts entered into under this subchapter are free
from self-dealing, bribery, and conflict of interests;
``(B) adequate processes and controls are in place to
provide for the accurate accounting of logistic support,
supplies, and services received or provided under the
authority of this subchapter; and
``(C) personnel responsible for accounting for logistic
support, supplies, and services received or provided under
such authority are fully trained and aware of such
responsibilities.
``(2)(A) Not later than 270 days after the issuance of the
regulations under paragraph (1), the Comptroller General of
the United States shall conduct a review of the
implementation by the Secretary of such regulations.
``(B) The review conducted under subparagraph (A) shall--
``(i) assess the effectiveness of such regulations and the
implementation of such regulations to ensure the effective
management and oversight of an agreement under subsection
(a)(1); and
``(ii) include any other matter the Comptroller General
considers relevant.''.
(e) Reports.--Subsection (h) of such section, as
redesignated by subsection (c)(1), is amended--
(1) in paragraph (1), by inserting ``in effect'' and
inserting ``that have entered into force or were applied
provisionally'';
(2) in paragraph (2)--
(A) by striking ``date on which the Secretary'' and all
that follows through the period at the end and inserting
``dates on which the Secretary notified Congress--
``(A) pursuant to subsection (b)(1)(B) of the designation
of such country under subsection (a); and
``(B) pursuant to subsection (b)(2) of the intent of the
Secretary to enter into the agreement.'';
(3) by amending paragraph (3) to read as follows:
``(3) With respect to each such agreement, the dollar
amounts of--
``(A) each class or type of logistic support, supplies, and
services provided in the preceding fiscal year; and
``(B) reciprocal provisions of logistic support, supplies,
and services, or cash reimbursements, received in such fiscal
year.'';
(4) by amending paragraph (4) to read as follows:
``(4) With respect to each such agreement, the dollar
amounts of--
``(A) each class or type of logistic support, supplies, and
services received; and
``(B) reciprocal provisions of logistic support, supplies,
and services, or cash reimbursements provided.'';
(5) by striking paragraph (5); and
(6) by adding at the end the following new paragraphs:
``(5) With respect to any transaction for logistic support,
supplies, and services that has not been reconciled more than
one year after the date on which the transaction occurred, a
description of the transaction that includes the following:
``(A) The date on which the transaction occurred.
``(B) The country or organization to which logistic
support, supplies, and services were provided.
``(C) The value of the transaction.
``(6) An explanation of any waiver granted under section
2347(c) during the preceding fiscal year, including an
identification of the relevant contingency operation or non-
combat operation.''.
SEC. 1283. MODIFICATION OF AUTHORITY FOR UNITED STATES-ISRAEL
ANTI-TUNNEL COOPERATION ACTIVITIES.
(a) In General.--Subsection (a) of section 1279 of the
National Defense Authorization Act for Fiscal Year 2016 (22
U.S.C. 8606 note) is amended, in the first sentence, by
striking ``and to establish capabilities for countering
unmanned aerial systems''.
(b) Exception to Matching Contribution Requirement.--
Subsection (b)(3) of such section is amended--
(1) by striking ``Support'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
support''; and
(2) by adding at the end the following:
``(B) Exception.--Subject to paragraph (4), the Secretary
may use amounts available to the Secretary in excess of the
amount contributed by the Government of Israel to provide
support under this subsection for costs associated with any
unique national requirement identified by the United States
with respect to anti-tunnel capabilities.''.
SEC. 1284. UNITED STATES-ISRAEL COOPERATION TO COUNTER
UNMANNED AERIAL SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned
Aerial Systems.--
(1) In general.--The Secretary of Defense, upon request of
the Ministry of Defense of Israel and in consultation with
the Secretary of State and the Director of National
Intelligence, is authorized to carry out research,
development, test, and evaluation, on a joint basis with
Israel, to establish capabilities for countering unmanned
aerial systems that threaten the United States or Israel. Any
activities carried out pursuant to such authority shall be
conducted in a manner that appropriately protects sensitive
technology and information and the national security
interests of the United States and Israel.
(2) Report.--The activities described in paragraph (1) and
subsection (b) may not be carried out until after the
Secretary of Defense submits to the appropriate committees of
Congress a report setting forth the following:
(A) A memorandum of agreement between the United States and
Israel regarding sharing of research and development costs
for the capabilities described in paragraph (1), and any
supporting documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including in-
kind support, between the United States and Israel;
(ii) establishes a framework to negotiate the rights to any
intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of Israel, including a description of what the
funds have been used for, when funds were expended, and an
identification of entities that expended the funds.
(b) Support in Connection With the Program.--
(1) In general.--The Secretary of Defense is authorized to
provide maintenance and sustainment support to Israel for the
research, development, test, and evaluation activities
authorized in subsection (a)(1). Such authority includes
authority to install equipment necessary to carry out such
research, development, test, and evaluation.
(2) Report.--Support may not be provided under paragraph
(1) until 15 days after the Secretary submits to the
appropriate committees of Congress a report setting forth a
detailed description of the support to be provided.
(3) Matching contribution.--
(A) In general.--Except as provided in subparagraph (B),
support may not be provided under this subsection unless the
Government of Israel contributes an amount not less than the
amount of support to be so provided to the program, project,
or activity for which the support is to be so provided in the
calendar year in which the support is provided.
(B) Exception.--Subject to paragraph (4), the Secretary may
use amounts available to the Secretary in excess of the
amount contributed by the Government of Israel to provide
support under this subsection for costs associated with any
unique national requirement identified by the United States
with respect to countering unmanned aerial systems.
(4) Annual limitation on amount.--The amount of support
provided under this subsection in any year may not exceed
$25,000,000.
(5) Use of certain amounts for rdt&e activities in the
united states.--Of the amount provided by the United States
in support under paragraph (1), not less than 50 percent of
such amount shall be used for research, development, test,
and evaluation activities in the United States in connection
with such support.
(c) Lead Agency.--The Secretary of Defense shall designate
an appropriate research and development entity of a military
department as the lead agency of the Department of Defense in
carrying out this section.
(d) Semiannual Reports.--The Secretary of Defense shall
submit to the appropriate committees of Congress on a
semiannual basis a report that contains a copy of the most
recent semiannual report provided by the Government of Israel
to the Department of Defense pursuant to subsection
(a)(2)(B)(iii).
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security, the
Committee on Appropriations, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
(f) Sunset.--The authority in this section to carry out
activities described in subsection (a), and to provide
support described in subsection (b), shall expire on December
31, 2024.
[[Page S3928]]
SEC. 1285. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
Section 1286(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by adding at the end the following new paragraph:
``(8) A list, developed in consultation with the Bureau of
Industry and Security of the Department of Commerce, the
Director of National Intelligence, and United States academic
institutions that conduct significant Department of Defense
research or engineering activities, of academic institutions
of the People's Republic of China and the Russian Federation
that--
``(A) are associated with a defense program of the People's
Republic of China or the Russian Federation, including any
university heavily engaged in military research;
``(B) are known--
``(i) to recruit individuals for the purpose of advancing
the talent and capabilities of such a defense program; or
``(ii) to provide misleading transcripts or otherwise
attempt to conceal the connections of an individual or
institution to such a defense program; or
``(C) pose a serious risk of intangible transfers of
defense or engineering technology and research.''.
SEC. 1286. INDEPENDENT ASSESSMENT OF HUMAN RIGHTS SITUATION
IN HONDURAS.
(a) Assessment Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
select and enter into an agreement with an independent think
tank or a federally funded research and development center to
conduct an analysis and assessment of the compliance of the
military and security forces of Honduras with international
human rights laws and standards.
(2) Matters to be included.--The assessment under paragraph
(1) shall include the following:
(A) A description of the military-to-military activities
between the United States and Honduras, including the manner
in which Department of Defense engagement with the military
and security forces of Honduras supports the National Defense
Strategy.
(B) An analysis and assessment of the activities of the
military and security forces of Honduras with respect to
human rights activists.
(C) With respect to United States national security
interests, an analysis and assessment of the challenges posed
by corruption within the military and security forces of
Honduras.
(D) An analysis of--
(i) the security assistance provided to Honduras by the
Department of Defense during the 7-year period preceding the
date of the enactment of this Act; and
(ii) the extent to which such assistance has improved
accountability, transparency, and compliance to international
human rights laws and standards in the security and military
operations of the Government of Honduras.
(E) Recommendations on the development of future security
assistance to Honduras that prioritizes--
(i) compliance of the military and security forces of
Honduras with human rights laws and standards;
(ii) citizen security; and
(iii) the advancement of United States national security
interests with respect to countering the proliferation of
illegal narcotics flows through Honduras.
(F) Any other matters the Secretary considers necessary and
relevant to United States national security interests.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the entity selected under subsection
(a) shall submit to the appropriate committees of Congress a
report on the results of the assessment conducted under that
subsection.
(c) Department of Defense Support.--The Secretary shall
provide the entity selected under subsection (a) with timely
access to appropriate information, data, and analyses
necessary to carry out the assessment in a thorough and
independent manner.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1287. UNITED STATES CENTRAL COMMAND POSTURE REVIEW.
(a) Comprehensive Review Required.--
(1) In general.--To clarify the near-term policy and
strategy of the United States under the National Defense
Strategy with respect to United States Central Command, the
Secretary of Defense, in consultation with the Secretary of
State and the Director of National Intelligence, as
appropriate, shall conduct a comprehensive review of United
States military force posture and capabilities in the United
States Central Command area of responsibility during the
posture review period.
(2) Elements.--The review conducted under paragraph (1)
shall include, for the posture review period, the following
elements:
(A) An assessment of the threats and challenges in the
United States Central Command area of responsibility,
including threats and challenges posed to United States
interests by near-peer competitors.
(B) An explanation of the policy and strategic frameworks
for addressing the threats and challenges identified under
subparagraph (A).
(C) An identification of current and future United States
military force posture and capabilities necessary to counter
threats, deter conflict, and defend United States national
security interests in the United States Central Command area
of responsibility.
(D) An assessment of the basing, cooperative security
locations, and other infrastructure necessary to support
steady state operations in support of the theater campaign
plan and potential contingencies that may arise in or affect
the United States Central Command area of responsibility,
including any potential efficiencies and risk mitigation
measures to be taken.
(E) A description of methods to mitigate risk that may
result from adjustments to United States military force
posture and capabilities deployed in the United States
Central Command area of responsibility.
(F) An explanation of the manner in which a modernized
global operating model or dynamic force employment approach
may yield efficiencies and increase strategic flexibility
while achieving United States military objectives in the
United States Central Command area of responsibility.
(G) An articulation of the United States nonmilitary
efforts and activities necessary to enable the achievement of
United States national security interests in the United
States Central Command area of responsibility.
(H) Any other matter the Secretary considers relevant.
(b) Report.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the results of the review conducted under subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Posture Review Period Defined.--In this section, the
term ``posture review period'' means the period beginning on
the date that is five years after the date of the enactment
of this Act and ending on the date that is 15 years after
such date of enactment.
SEC. 1288. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT
REFUELING OF SAUDI COALITION AIRCRAFT
CONDUCTING MISSIONS RELATING TO CIVIL WAR IN
YEMEN.
(a) Reports Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary of Defense shall submit a report to the appropriate
committees of Congress detailing the expenses incurred by the
United States in providing in-flight refueling services for
Saudi or Saudi-led coalition non-United States aircraft
conducting missions as part of the civil war in Yemen during
the period of March 1, 2015, through November 11, 2018, and
the extent to which such expenses have been reimbursed by
members of the Saudi-led coalition.
(2) Elements.--Each report required under paragraph (1)
shall include the following:
(A) The total expenses incurred by the United States in
providing in-flight refueling services, including fuel,
flight hours, and other applicable expenses, to Saudi or
Saudi-led coalition, non-United States aircraft conducting
missions as part of the civil war in Yemen.
(B) The amount of the expenses described in subparagraph
(A) that has been reimbursed by each member of the Saudi-led
coalition.
(C) Any action taken by the United States to recoup the
remaining expenses described in subparagraph (A), including
any commitments by members of the Saudi-led coalition to
reimburse the United States for such expenses.
(3) Sunset.--The reporting requirement under paragraph (1)
shall cease to be effective on the date on which the
Secretary certifies to the appropriate committees of Congress
that all expenses incurred by the United States in providing
in-flight refueling services for Saudi or Saudi-led coalition
non-United States aircraft conducting missions as part of the
civil war in Yemen during the period of March 1, 2015,
through November 11, 2018, have been reimbursed.
(b) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1289. SENSE OF SENATE ON SECURITY CONCERNS WITH RESPECT
TO LEASING ARRANGEMENTS FOR THE PORT OF HAIFA
IN ISRAEL.
It is the sense of the Senate that the United States--
(1) has an interest in the future forward presence of
United States naval vessels at the Port of Haifa in Israel
but has serious security concerns with respect to the leasing
arrangements of the Port of Haifa as of the date of the
enactment of this Act; and
[[Page S3929]]
(2) should urge the Government of Israel to consider the
security implications of foreign investment in Israel.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS FOR DEPARTMENT OF DEFENSE
COOPERATIVE THREAT REDUCTION PROGRAM.
(a) In General.--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 biological threat reduction, $183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Availability of Funds.--Funds appropriated pursuant to
the authorization of appropriations in section 301 and made
available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program
shall be available for obligation for fiscal years 2020,
2021, and 2022.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2020 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Defense Health Program, 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.
Subtitle B--National Defense Stockpile
SEC. 1411. MODIFICATION OF PROHIBITION ON ACQUISITION OF
SENSITIVE MATERIALS FROM NON-ALLIED FOREIGN
NATIONS.
(a) Expansion of Materials Covered by Prohibition on Sale
From National Defense Stockpile.--Subsection (a)(2) of
section 2533c of title 10, United States Code, is amended, in
the matter preceding subparagraph (A), by striking ``covered
material'' and inserting ``material''.
(b) Inclusion of Tantalum in Definition of Covered
Materials.--Subsection (d)(1) of such section is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) tantalum.''.
Subtitle C--Armed Forces Retirement Home
SEC. 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.
SEC. 1422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE
ARMED FORCES RETIREMENT HOME.
(a) Expansion of Eligibility to Certain Members With Non-
regular Service.--Section 1512(a) of the Armed Forces
Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended--
(1) in the first sentence, by striking ``active'';
(2) in paragraph (1), by striking ``are 60 years of age or
over and'' and
(3) by adding the following new paragraph:
``(5) Persons who are eligible for retired pay under
chapter 1223 of title 10, United States Code, and--
``(A) are eligible for care under section 1710 of title 38,
United States Code;
``(B) are enrolled in coverage under chapter 55 of title
10, United States Code; or
``(C) are enrolled in a qualified health plan acceptable to
the Chief Operating Officer.''.
(b) Parity of Monthly Fees.--Paragraph (2) of section
1514(c) of the Armed Forces Retirement Home Act of 1991 (24
U.S.C. 414(c)) is amended to read as follows:
``(2)(A) The fee shall be fixed as a percentage of the
monthly income and monthly payments (including Federal
payments) received by a resident. The percentage shall be the
same for each facility of the Retirement Home. The Secretary
of Defense may make any adjustment in the percentage that the
Secretary determines appropriate.
``(B) The amount of the monthly income and monthly payments
calculated under subparagraph (A) for a resident accepted
under section 1512(a)(5) may not be less than the current
monthly retirement pay for equivalent active duty service as
determined by the Chief Operating Officer, except as the
Chief Operating Officer may otherwise provide due to
compelling personal circumstances of the resident.''.
(c) Pay Deductions.--Section 1007(i) of title 37, United
States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or compensation, as applicable,'' after
``pay''; and
(B) by striking ``on active duty'';
(2) in paragraph (3), by striking ``Board'' and inserting
``Chief Operating Officer''; and
(3) by striking paragraph (4).
(d) Admission Fees for Residents Based on Non-regular
Service.--Section 1514 of the Armed Forces Retirement Home
Act of 1991, as amended by subsection (b), is further
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Admission Fees for Certain Residents.--The
Administrator of each facility of the Retirement Home may
also collect a fee upon admission from a resident accepted
under section 412(a)(5) equal to the deductions then in
effect under section 1007(i)(1) of title 37, United States
Code, for each year of non-regular service of the resident
before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''; and
(3) in subsection (c), as redesignated by paragraph (1), by
striking ``subsection (a)'' and inserting ``subsections (a)
and (b)''.
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.
(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).
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Additional Appropriations
SEC. 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.
SEC. 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)).
SEC. 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.
[[Page S3930]]
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle B--Financial Matters
SEC. 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.
SEC. 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 $2,500,000,000.
(b) Terms and Conditions.--Transfers under this section
shall be subject to the same terms and conditions as
transfers under section 1001.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
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.
Section 138(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Space Policy. The principal duty of
the Assistant Secretary shall be the overall supervision of
policy of the Department of Defense for space warfighting.''.
SEC. 1602. PRINCIPAL ASSISTANT TO THE SECRETARY OF THE AIR
FORCE FOR SPACE ACQUISITION AND INTEGRATION.
(a) Redesignation of Principal Assistant for Space as
Principal Assistant for Space Acquisition and Integration.--
(1) In general.--The Principal Assistant to the Secretary
of the Air Force for Space is hereby redesignated as the
Principal Assistant to the Secretary of the Air Force for
Space Acquisition and Integration.
(2) References.--Any reference to the Principal Assistant
to the Secretary of the Air Force for Space in any law,
regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the
Principal Assistant to the Secretary of the Air Force for
Space Acquisition and Integration.
(b) Codification of Position and Responsibilities.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended--
(A) by redesignating section 9018 as section 9018a; and
(B) by inserting after section 9017 the following new
section 9018:
``Sec. 9018. Principal Assistant to the Secretary of the Air
Force for Space Acquisition and Integration
``(a)(1) There is within the Office of the Secretary of the
Air Force a Principal Assistant to the Secretary of the Air
Force for Space Acquisition and Integration, who shall be
appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(2) The individual serving as Principal Assistant shall
have the protocol equivalent in the Department of Defense of
an officer in the armed forces serving in a general or
admiral grade.
``(b) Subject to the authority, direction, and control of
the Secretary of the Air Force, the Principal Assistant to
the Secretary of the Air Force for Space Acquisition and
Integration shall do as follows:
``(1) Be responsible for all acquisition and integration of
the Air Force for space systems and programs, including in
support of the Commander of the United States Space Force
under section 9064 of this title.
``(2) Serve as the senior acquisition executive under
section 1704 of this title for the Air Force for acquisition
for space systems and programs, including for all major
defense acquisition programs under chapter 144 of this title
for space.
``(3) Oversee and direct each of the following:
``(A) The Space Rapid Capabilities Office under section
2273a of this title.
``(B) The Space and Missile Systems Center.
``(C) The Space Development Agency.
``(4) Oversee and direct acquisition projects for all space
systems and programs of the Air Force, including projects for
space systems and programs transferred to the Principal
Assistant pursuant to section 1602(b)(4) of the National
Defense Authorization Act for Fiscal Year 2020.
``(5) Act as the chair of the Space Force Acquisition
Council under section 1602(c) of the National Defense
Authorization Act for Fiscal Year 2020.
``(c) In addition to the responsibilities provided for in
subsection (b), the Principal Assistant shall have such other
responsibilities and perform such other duties as the
Secretary may prescribe.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 903 of such title is amended by striking
the item relating to section 9018 and inserting the following
new items:
``9018. Principal Assistant to the Secretary of the Air Force for Space
Acquisition and Integration.
``9018a. Administrative Assistant.''.
(3) Executive schedule level v.--Section 5416 of title 10,
United States Code, is amended by adding at the end the
following new item:
``Principal Assistant to the Secretary of the Air Force for
Space Acquisition and Integration.''.
(4) Transfer of acquisition projects for space systems and
programs.--The Secretary of the Air Force shall transfer to
the Principal Assistant to the Secretary of the Air Force for
Space Acquisition and Integration under section 9018 of title
10, United States Code (as added by this subsection),
responsibility for oversight, direction, and integration of
any acquisition projects for space systems and programs of
the Air Force that are under the oversight or direction of
the Assistant Secretary of the Air Force for Acquisition as
of the date of the enactment of this Act.
(c) Space Force Acquisition Council.--
(1) In general.--There is in the Department of the Air
Force a council to be known as the ``Space Force Acquisition
Council'' (in this subsection referred to as the
``Council'').
(2) Membership.--The members of the Council are as follows:
(A) The Under Secretary of the Air Force.
(B) The Principal Assistant to the Secretary of the Air
Force for Space Acquisition and Integration, who shall act as
chair of the Council.
(C) The Assistant Secretary of Defense for Space Policy.
(D) The Director of the National Reconnaissance Office.
(E) The Commander of the United States Space Command.
(F) The Commander of the United States Space Force.
(3) Functions.--The Council shall oversee, direct, and
manage acquisition and integration of the Air Force for space
systems and programs in order to ensure integration across
the national security space enterprise.
(4) Meetings.--The Council shall meet not less frequently
than monthly.
(5) Reports.--Not later than 30 days after the end of each
calendar year quarter through the first calendar year quarter
of 2025, the Council shall submit to the congressional
defense committees a report on the activities of the Council
during the calendar year quarter preceding the calendar year
quarter in which such report is submitted.
(d) Briefings.--On or about March 31, 2020, and during
every calendar year quarter thereafter through March 31,
2022, the Secretary of the Air Force shall provide to the
congressional defense committees a briefing on the current
status of efforts to implement this section and the
amendments made by this section. Each briefing may include
such recommendations for legislative and administrative
action as the Secretary considers appropriate to facilitate
and enhance such efforts.
[[Page S3931]]
SEC. 1603. MILITARY SPACE FORCES WITHIN THE AIR FORCE.
(a) In General.--Section 9062(c) of title 10, United States
Code, is amended--
(1) by striking the first sentence and inserting the
following:
``(1) The Air Force includes the following:
``(A) Aviation forces both combat and service not otherwise
assigned.
``(B) Space forces.''; and
(2) by striking ``It shall be organized'' and inserting the
following:
``(2) The Air Force shall be organized''.
(b) Territorial Organizations.--
(1) In general.--Subsection (b) of section 9074 of title
10, United States Code, is amended by inserting ``, including
space,'' after ``other places''.
(2) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 9074. Commands: territorial and other organization''.
(3) Table of sections amendment.--The table of sections at
the beginning of chapter 907 of such title is amended by
striking the item relating to section 9074 and inserting the
following new item:
``9074. Commands: territorial and other organization.''.
SEC. 1604. REDESIGNATION OF AIR FORCE SPACE COMMAND AS UNITED
STATES SPACE FORCE.
(a) Redesignation.--The Air Force Space Command is hereby
redesignated as the United States Space Force (USSF).
(b) Commander and Authorities.--
(1) In general.--Section 2279c of title 10, United States
Code, is--
(A) transferred to chapter 907 of such title;
(B) inserted after section 9062; and
(C) as so transferred and inserted, amended to read as
follows:
``Sec. 9063. United States Space Force
``(a) United States Space Force.--There is in the Air Force
the United States Space Force.
``(b) Commander.--(1) The head of the United States Space
Force shall be the Commander of the United States Space
Force, who shall be appointed in accordance with section 601
of this title. The officer serving as Commander, while so
serving, has the grade of general or admiral without vacating
the permanent grade of the officer.
``(2) The Commander shall be appointed to serve a term of
four years.
``(c) Temporary Concurrent Service as Commander of USSF and
Commander of United States Space Command.--During the one-
year period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, the
Secretary of Defense may authorize an officer serving as the
Commander of the United States Space Force to serve
concurrently as the Commander of the United States Space
Command under section 169 of this title, without further
appointment as otherwise provided for in subsection (c) of
such section.
``(d) Vice Commander.--The deputy head of the United States
Space Force shall be the Vice Commander of the United States
Space Force, who shall be appointed in accordance with
section 601 of this title. The officer serving as Vice
Commander, while so serving, has the grade of general or
admiral without vacating the permanent grade of the officer.
``(e) Duties.--(1) Subject to the authority, direction, and
control of the Secretary of the Air Force, the Commander of
the United States Space Force shall do the following:
``(A) Exercise authority, direction, and control of all
space operations-peculiar administrative matters relating to
the organization, training, and equipping of the space forces
of the Air Force.
``(B) Exercise the authorities and responsibilities
assigned to the Commander as Commander of the Air Force Space
Command before December 12, 2017.
``(C) Carry out such other duties as the Secretary may
specify.
``(2) In carrying out duties under paragraph (1), the
Commander of the United States Space Force shall report as
follows:
``(A) During the one-year period beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020, to the Secretary of the Air Force through
the Chief of Staff of the Air Force.
``(B) After the period described in subparagraph (A),
directly to the Secretary of the Air Force.
``(3)(A) During the one-year period beginning on the date
of the enactment of the National Defense Authorization Act of
2020, upon the request of the Chairman of the Joint Chiefs of
Staff, the Commander of the United States Space Force may
participate in any meeting of the Joint Chiefs of Staff in
consideration by the Joint Chiefs of Staff of an issue in
connection with a duty or responsibility of the Commander.
``(B) Commencing as of the end of the period described in
subparagraph (A), the Commander of the United States Space
Force shall be a member of the Joint Chiefs of Staff.
``(f) Elements.--(1) In addition to the elements of the Air
Force Space Command as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, the
United States Space Force shall include other military and
civilian personnel of the Air Force (including appropriate
elements of the Air National Guard and the Air Force
Reserve), and other infrastructure, assets, and resources of
the Air Force, assigned to the Space Force by the Secretary
of the Air Force.
``(2) The Secretary shall provide for the Space Force a
cadre of military and civilian personnel within the Air Force
who shall assist the Space Force in establishing and
maintaining an ethos and culture for space warfighting.''.
(2) Service of incumbent commander of air force space
command as commander of united states space force.--The
individual serving as Commander of the Air Force Space
Command as of the date of the enactment of this Act may serve
as the Commander of the United States Space Force under
subsection (b) of section 9063 of title 10, United States
Code (as added by paragraph (1)), after that date without
further appointment as otherwise provided for by that
subsection.
(3) Secretary of defense report on concurrency of
command.--
(A) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
setting forth an assessment of the advisability of permitting
the Commander of the United States Space Force to serve
concurrently as Commander of the United States Space Command
as authorized by subsection (c) of section 9063 of title 10,
United States Code (as so added).
(B) Comptroller general briefing.--Not later than 30 days
after the submittal of the report required by subparagraph
(A), the Comptroller General of the United States shall
provide the congressional defense committees a briefing on
the assessment of the Comptroller General of the matters
contained in the report.
(4) Secretary of the air force briefings on ussf.--On or
about March 31, 2020, and during every calendar year quarter
thereafter through March 31, 2022, the Secretary of the Air
Force shall provide the congressional defense committees a
briefing on the following:
(A) The current status of the missions and manpower of the
United States Space Force under section 9063 of title 10,
United States Code (as so added), including the current
status of the assumption by the United States Space Force of
the elements to constitute the United States Space Force,
including the elements of the Air Force Space Command and the
elements assigned pursuant to subsection (f)(1) of such
section.
(B) The current status of activities of the cadre of
personnel required by subsection (f)(2) of such section 9063
(as so added), including an assessment of the progress of the
cadre in establishing and maintaining the ethos and culture
described in that subsection.
(5) No authorization of additional military billets or
civilian personnel.--The Secretary of the Air Force shall
carry out this subsection and the amendments made by this
subsection within military and civilian personnel of the Air
Force otherwise authorized by this Act. Nothing in this
subsection or the amendments made by this subsection shall be
construed to authorize additional military billets or the
employment of additional civilian personnel for the purposes
of, or in connection with, the establishment of the United
States Space Force.
(c) Conforming Amendment to US Space Command Commander
Authority.--Section 169(c) of title 10, United States Code,
is amended by striking paragraph (2) and inserting the
following new paragraph (2):
``(2) If authorized by the Secretary of Defense pursuant to
section 9063(c) of this title, the officer serving as
Commander of the United States Space Force also serves
concurrently as Commander of the United States Space Command,
but only during the one-year period beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
(d) Joint Chiefs of Staff Matters.--Effective on the date
that is one year after the date of the enactment of this Act,
section 151(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(8) The Commander of the United States Space Force.''.
(e) Clerical Amendments.--
(1) Chapter 135.--The table of sections at the beginning of
chapter 135 of title 10, United States Code, is amended by
striking the item relating to section 2279c.
(2) Chapter 907.--The table of sections at the beginning of
chapter 907 of such title is amended by inserting after the
item relating to section 9062 the following new item:
``9063. United States Space Force.''.
(f) References.--Any reference to the Air Force Space
Command in any law, regulation, map, document, record, or
other paper of the United States shall be deemed to be a
reference to the United States Space Force.
SEC. 1605. ASSIGNMENT OF PERSONNEL TO THE NATIONAL
RECONNAISSANCE OFFICE FOR MISSION NEEDS.
(a) USSF as Primary Source of Personnel.--Effective as of
the date of the enactment of this Act, military and civilian
personnel of the United States Space Force under section 9063
of title 10, United States Code (as added by section 1604(b)
of this Act), shall be the primary source of military and
civilian personnel of the Department of the Air Force who may
be assigned to the National Reconnaissance Office.
(b) Assignment by Commander, USSF.--Subject to the
authority, direction, and control of the Secretary of the Air
Force, the Commander of the United States Space Force shall
be responsible for the assignment
[[Page S3932]]
of military and civilian personnel of the United States Space
Force to the National Reconnaissance Office.
SEC. 1606. REPORT ON ESTABLISHMENT OF POSITION OF UNDER
SECRETARY OF THE AIR FORCE FOR SPACE.
(a) 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 the congressional defense committees a report
on the advisability of establishing within the Department of
the Air Force a position of Under Secretary of the Air Force
for Space with the responsibility of providing civilian
oversight to the United States Space Force (as provided for
by section 1604 of this Act).
(b) Considerations.--In preparing the report required by
subsection (a), the Secretary shall take into consideration
the tasks and operations of the staff of the Air Force in
support of the space warfighting mission of the Air Force and
such other matters as the Secretary considers appropriate.
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.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, in coordination
with the Director of National Intelligence, submit to the
congressional defense committees a report setting forth the
results of a review, conducted for purposes of the report, on
processes designed to achieve more effective integration of
capabilities among the National Security Agency, the National
Geospatial-Intelligence Agency, and the United States Space
Command for joint operations in a manner that does not result
in the impairment of the authorities or responsibilities of
the Director.
SEC. 1608. LIMITATION ON AVAILABILITY OF FUNDS.
None of the amounts authorized to be appropriated for
fiscal year 2020 by this Act and available for the Air Force
for programs, projects, or activities for space, including
acquisition programs, projects, or activities, may be
obligated or expended until the date on which the Secretary
of the Air Force completes briefings of the congressional
defense committees on the plans of the Air Force to implement
this part and the amendments made by this part, including the
following:
(1) The establishment of the office of the Principal
Assistant to the Secretary of the Air Force for Space
Acquisition and Integration under section 9018 of title 10,
United States Code (as added by section 1602 of this Act).
(2) The establishment of the United States Space Force
required by section 9063 of title 10, United States Code (as
added by section 1604 of this Act).
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.
(a) In General.--Section 169 of title 10, United States
Code, is repealed.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 6 of title 10, United States Code, is
amended by striking the item relating to section 169.
SEC. 1612. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND
INFRASTRUCTURE.
(a) In General.--In support of the policy described in
section 2273(a) of title 10, United States Code, the
Secretary of Defense may carry out a program to enhance
infrastructure and improve support activities for the
processing and launch of Department of Defense small-class
and medium-class payloads.
(b) Program.--The program under subsection (a) shall
include improvements to operations at launch ranges and
Federal Aviation Administration-licensed spaceports that are
consistent with, and necessary to permit, the use of such
launch ranges and spaceports by the Department.
(c) Consultation.--In carrying out the program under
subsection (a), the Secretary may consult with current and
anticipated users of launch ranges and Federal Aviation
Administration-licensed spaceports, including the Space Rapid
Capabilities Office.
(d) Cooperation.--In carrying out the program under
subsection (a), the Secretary may enter into a contract or
agreement under section 2276 of title 10, United States Code.
(e) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing a plan
for the program under subsection (a).
SEC. 1613. MODIFICATION OF ENHANCEMENT OF POSITIONING,
NAVIGATION, AND TIMING CAPACITY.
(a) Capability for Trusted Signals.--
(1) Subsection heading.--Subsection (a) of section 1609 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) is amended, in the
subsection heading, by striking ``Trusted Signals'' and
inserting ``Alternative Global Navigation Satellite System
Signals''.
(2) Requirement.--Paragraph (1) of such subsection is
amended to read as follows:
``(1) Requirement.--The Secretary of the Air Force shall
ensure that military Global Positioning System (GPS) user
equipment terminals have the capability, as appropriate to
user needs and constraints, to incorporate signals from the
Galileo satellites of the European Union and the QZSS
satellites of Japan, beginning with the implementation of
open-system architecture solutions, such as the Resilient-
Embedded GPS/Inertial Navigation System (R-EGI), to accompany
other alternative and complementary navigation sources for
robust positioning, navigation, and timing.''.
(3) Waiver.--Paragraph (2) of such subsection is amended--
(A) in subparagraph (A), by striking ``could not integrate
such capability beginning with increment 2 of the acquisition
of such terminals'' and inserting ``should not integrate such
capability into the Resilient-Embedded GPS/Inertial
Navigation System architecture''; and
(B) in subparagraph (B), by inserting ``that considers the
addition of multi-Global Navigation Satellite System (GNSS)
signals to provide substantive military utility'' after
``such terminals''.
(b) Capability for Other Signals.--Subsection (b) of such
section is amended, in the matter preceding paragraph (1)--
(1) by inserting ``other allied and'' before ``non-allied
positioning, navigation, and timing signals''; and
(2) by striking ``increment 2 of the acquisition of such
terminals'' and inserting ``the Resilient-Embedded GPS/
Inertial Navigation System architecture''.
SEC. 1614. MODIFICATION OF TERM OF COMMANDER OF AIR FORCE
SPACE COMMAND.
Section 2279c(a)(2) of title 10, United States Code, is
amended, in the first sentence, by striking ``six years'' and
inserting ``four years''.
SEC. 1615. ANNUAL REPORT ON SPACE COMMAND AND CONTROL
PROGRAM.
(a) In General.--For each of fiscal years 2021 through
2025, concurrent with the submittal to Congress of the budget
of the Department of Defense with the budget of the President
for the subsequent fiscal year under section 1105(a) of title
31, United States Code, the Secretary of the Air Force shall
submit to the Under Secretary of Defense for Acquisition and
Sustainment, the congressional defense committees, and the
Comptroller General of the United States, an annual report on
the Space Command and Control program.
(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following:
(1) A description of any modification to the metrics
established by the Secretary in the acquisition strategy for
the program.
(2) The short-term objectives for the subsequent fiscal
year.
(3) For the preceding fiscal year, a description of--
(A) the ongoing, achieved, and deferred objectives;
(B) the challenges encountered and the lessons learned;
(C) the modifications made or planned so as to incorporate
such lessons learned into subsequent efforts to address
challenges; and
(D) the cost, schedule, and performance effects of such
modifications.
(c) Review of Reports and Briefing by Comptroller
General.--With respect to each report submitted under this
section, the Comptroller General shall review and provide to
the congressional defense committees a briefing on a date
mutually agreed on by the Comptroller General and the
congressional defense committees.
SEC. 1616. REQUIREMENTS FOR PHASE 2 OF ACQUISITION STRATEGY
FOR NATIONAL SECURITY SPACE LAUNCH PROGRAM.
In carrying out phase 2 of the acquisition strategy for the
national security space launch program, the Secretary of the
Air Force--
(1) may not--
(A) modify the acquisition schedule or mission performance
requirements; or
(B) award missions to more than two launch service
providers; and
(2) shall ensure that launch services are procured only
from launch service providers that use launch vehicles
meeting each Government requirement with respect to required
payloads to reference orbits.
Subtitle B--Defense Intelligence and Intelligence-related Activities
SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR
INTELLIGENCE AS UNDER SECRETARY OF DEFENSE FOR
INTELLIGENCE AND SECURITY.
(a) Redesignation of Under Secretary.--
(1) In general.--The Under Secretary of Defense for
Intelligence is hereby redesignated as the Under Secretary of
Defense for Intelligence and Security.
(2) Service of incumbent in position.--The individual
serving as Under Secretary of Defense for Intelligence as of
the date of the enactment of this Act may serve as Under
Secretary of Defense for Intelligence and Security commencing
as of that date without further appointment under section 137
of title 10, United States Code (as amended by subsection
(c)(1)(A)(ii)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Under Secretary of Defense for Intelligence shall be deemed
to be a reference to the Under Secretary of Defense for
Intelligence and Security.
(b) Redesignation of Related Deputy Under Secretary.--
(1) In general.--The Deputy Under Secretary of Defense for
Intelligence is hereby
[[Page S3933]]
redesignated as the Deputy Under Secretary of Defense for
Intelligence and Security.
(2) Service of incumbent in position.--The individual
serving as Deputy Under Secretary of Defense for Intelligence
as of the date of the enactment of this Act may serve as
Deputy Under Secretary of Defense for Intelligence and
Security commencing as of that date without further
appointment under section 137a of title 10, United States
Code (as amended by subsection (c)(1)(B)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Deputy Under Secretary of Defense for Intelligence shall be
deemed to be a reference to the Deputy Under Secretary of
Defense for Intelligence and Security.
(c) Conforming Amendments.--
(1) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In each provision as follows, by striking ``Under
Secretary of Defense for Intelligence'' and inserting ``Under
Secretary of Defense for Intelligence and Security'':
(i) Section 131(b)(3)(F).
(ii) Section 137, each place it appears.
(iii) Section 139a(d)(6).
(iv) Section 139b(c)(2)(E).
(v) Section 181(d)(1)(B).
(vi) Section 393(b)(2)(C).
(vii) Section 426, each place it appears.
(viii) Section 430(a).
(B) In section 137a(c)(6), by striking ``Deputy Under
Secretary of Defense for Intelligence'' and inserting
``Deputy Under Secretary of Defense for Intelligence and
Security''.
(C) The heading of section 137 is amended to read as
follows:
``Sec. 137. Under Secretary of Defense for Intelligence and
Security''.
(D) The table of sections at the beginning of chapter 4 is
amended by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Intelligence and Security.''.
(2) Title 5.--Title 5, United States Code, is amended as
follows:
(A) In section 5314, by striking ``Under Secretary of
Defense for Intelligence'' and inserting ``Under Secretary of
Defense for Intelligence and Security''.
(B) In section 5315, by striking ``Deputy Under Secretary
of Defense for Intelligence'' and inserting ``Deputy Under
Secretary of Defense for Intelligence and Security''.
SEC. 1622. REPEAL OF CERTAIN REQUIREMENTS RELATING TO
INTEGRATION OF DEPARTMENT OF DEFENSE
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE
CAPABILITIES.
(a) Repeal.--Section 426 of title 10, United States Code,
is hereby repealed.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 21 of such title is amended by striking
the item relating to section 426.
SEC. 1623. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN
INTELLIGENCE PERSONNEL.
(a) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before
the date of the enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report that outlines a common methodology for measuring
onboarding in covered elements of the intelligence community,
including human resources and security processes;
(2) not later than one year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will
be reported by the date that is 90 days after the date of
such issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on collaboration among covered elements of the
intelligence community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on employment of automated mechanisms in covered
elements of the intelligence community, including for
tracking personnel as they pass through each phase of the
onboarding process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their
experiences with the onboarding process in covered elements
of the intelligence community.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) The term ``covered elements of the intelligence
community'' means the elements of the intelligence community
that are within the following:
(A) The Department of Energy.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Department of State.
(E) The Department of the Treasury.
SEC. 1624. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY
ACTIVITIES ON FACILITATING ACCESS TO LOCAL
CRIMINAL RECORDS HISTORICAL DATA.
(a) Activity Authorized.--The Director of the Defense
Counterintelligence and Security Agency may carry out a set
of activities relating to facilitating access by the Agency
to local criminal records historical data.
(b) Activities Characterized.--The activities carried out
under subsection (a) shall include only the following:
(1) Training and education.
(2) Outreach to State, local, and tribal authorities.
(3) Direct assistance.
(c) Reports.--
(1) Initial report.--Not later than 90 days after the date
of the enactment of this Act, the Director shall submit to
the congressional defense committees a report that details a
concept of operation for the set of activities authorized by
subsection (a).
(2) Annual reports.--Not later than one year after the date
on which the Director submits a report pursuant to paragraph
(1) and not less frequently than once each year thereafter,
the Director shall submit to the congressional defense
committees a detailed report on the activities carried out by
the Director under this section.
Subtitle C--Cyberspace-related Matters
SEC. 1631. REORIENTATION OF BIG DATA PLATFORM PROGRAM.
(a) Reorientation of Program.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense shall--
(A) reorient the Big Data Platform program as specified in
this section; and
(B) align the reorientation effort under an existing line
of effort of the Cyber Strategy of the Department of Defense.
(2) Oversight of implementation.--The Secretary shall act
through the Principal Cyber Advisor and the supporting Cross
Functional Team in the oversight of the implementation of
paragraph (1).
(b) Common Baseline and Security Classification Scheme.--
(1) In general.--Not later than January 1, 2021, the
Secretary shall establish a common baseline and security
classification scheme for the collection, storage,
processing, querying, analysis, and accessibility of a common
and comprehensive set of metadata from sensors, applications,
appliances, products, and systems deployed across the
Department of Defense Information Network (DODIN) to enable
the discovery, tracking, and remediation of cybersecurity
threats.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall--
(A) take such actions as the Secretary considers necessary
to standardize deployed infrastructure, including the
Department of Defense's perimeter capabilities at the
Internet Access Points and the Joint Regional Security
Stacks, and the routing of data laterally and vertically from
Department of Defense Information Network segments and tiers,
to enable standard and comprehensive metadata collection;
(B) take such actions as the Secretary considers necessary
to standardize deployed cybersecurity applications, products,
and sensors and the routing of data laterally and vertically
from Department of Defense Information Network segments and
tiers, to enable standard and comprehensive metadata
collection;
(C) develop an enterprise-wide architecture and strategy
for--
(i) where to place sensors or extract data from network
information technology, operational technology, and
cybersecurity appliances, applications, products, and systems
for cybersecurity purposes;
(ii) which metadata data records should be universally sent
to Big Data Platform instances and which metadata data
records, if any, should be locally retained; and
(iii) expeditiously and efficiently transmitting metadata
records to the Big Data Platform instances, including the
acquisition and installation of further data bandwidth;
(D) determine the appropriate number, organization, and
functions of separate Big Data Platform instances, and
whether the Big Data Platform instances that are currently
managed by Department of Defense components, including the
military services, should instead be jointly and regionally
organized;
(E) determine the appropriate roles of the Defense
Information Systems Agency's Acropolis and United States
Cyber Command's Scarif Big Data Platforms as enterprise-wide
real-time cybersecurity situational awareness capabilities,
as complements or replacements for component-level Big Data
Platform instances;
(F) ensure that all Big Data Platform instances are
engineered and approved to enable standard access and query
capabilities by the Unified Platform, the network defense
service providers, and the Cyber Mission Forces, with
centrally managed authentication and authorization services;
(G) prohibit barriers to information sharing, distributed
query, data analysis, and collaboration across Big Data
Platform instances, such as incompatible interfaces,
interconnection service agreements, and the imposition of
accreditation boundaries;
(H) transition all Big Data Platform instances to a cloud
computing environment in alignment with the cloud strategy of
the Chief Information Officer of the Department of Defense;
(I) consider whether packet capture databases should
continue to be maintained separately from the Big Data
Platform instances, managed at the secret level of
classification, and treated as malware-infected when the
packet data are copies of packets extant in
[[Page S3934]]
the Department of Defense Information Network;
(J) in the case that the Secretary decides to sustain the
status quo on packet capture databases, ensure that analysts
operating on or from the Unified Platform, the Big Data
Platform instances, the network defense services providers,
and the Cyber Mission Force units can directly access packets
and query the database; and
(K) consider whether the Joint Artificial Intelligence
Center's cybersecurity artificial intelligence national
mission initiative should include an application for the
metadata residing in the Big Data Platform instances.
(c) Limit on Data and Data Indexing Schema.--The Secretary
shall ensure that the Unified Platform program utilizes the
data and the data indexing schema that is native to the Big
Data Platform rather than creating a duplicate index or data
tagger.
(d) Analytics and Application Sourcing and Collaboration.--
The Secretary shall ensure that the Services and office of
the Big Data Platform program--
(1) seek advanced analytics and applications from
Government and commercial sources that can be executed on the
deployed Big Data Platform architecture; and
(2) collaborate with vendors offering commercial analytics
and applications, including support to refactoring commercial
capabilities to the Government platform where industry can
still own the intellectual property embedded in the analytics
and applications.
(e) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 180 days thereafter until the activities
required by subsection (a)(1) are completed, the Secretary
shall provide the congressional defense committees a briefing
on the activities of the Secretary in carrying out subsection
(b).
SEC. 1632. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER
AND INFORMATION TECHNOLOGY PERSONNEL.
(a) Review Required.--Not later than January 1, 2021, each
head of a covered department, component, or agency shall--
(1) complete a zero-based review of the cyber and
information technology personnel of the head's covered
department, component, or agency; and
(2) provide the Principal Cyber Advisor, the Chief
Information Officer of the Department of Defense, and the
Under Secretary of Defense for Personnel and Readiness the
findings of the head with respect to the head's covered
department, component, or agency.
(b) Covered Departments, Components, and Agencies.--For
purposes of this section, a covered department, component, or
agency is--
(1) an independent Department of Defense component or
agency;
(2) the Office of the Secretary of Defense;
(3) a component of the Joint Staff;
(4) a military department or an armed force; or
(5) a reserve component of the Armed Forces.
(c) Scope of Review.--As part of a review conducted
pursuant to subsection (a)(1), the head of a covered
department, component, or agency shall, with respect to the
covered department, component, or agency of the head--
(1) assess military, civilian, and contractor positions and
personnel performing cyber and information technology
missions;
(2) determine the roles and functions assigned by reviewing
existing position descriptions and conducting interviews to
quantify the current workload performed by military,
civilian, and contractor workforce;
(3) compare the Department's manning with the manning of
comparable industry organizations;
(4) include evaluation of the utility of cyber- and
information technology-focused missions, positions, and
personnel within such components--
(A) to assess the effectiveness and efficiency of current
activities;
(B) to assess the necessity of increasing, reducing, or
eliminating resources; and
(C) to guide prioritization of investment and funding;
(5) develop recommendations and objectives for
organizational, manning, and equipping change, taking into
account anticipated developments in information technologies,
workload projections, automation and process enhancements,
and Department requirements;
(6) develop a gap analysis, contrasting the current
organization and the objectives developed pursuant to
paragraph (5); and
(7) develop roadmaps of prioritized activities and a
timeline for implementing the activities to close the gaps
identified pursuant to paragraph (6).
(d) Elements.--In carrying out a review pursuant to
subsection (a)(1), the head of a covered department,
component, or agency shall consider the following:
(1) Whether position descriptions and coding designators
for given cybersecurity and information technology roles are
accurate indicators of the work being performed.
(2) Whether the function of any cybersecurity or
information technology position or personnel can be replaced
by acquisition of cybersecurity or information technology
products or automation.
(3) Whether a given component or subcomponent is over- or
under-resourced in terms of personnel, using industry
standards as a benchmark where applicable.
(4) Whether cybersecurity service provider positions and
personnel fit coherently into the enterprise-wide
cybersecurity architecture and with the Department's cyber
protection teams.
(5) Whether the function of any cybersecurity or
information technology position or personnel could be
conducted more efficiently or effectively by enterprise-level
cyber or information technology personnel.
(e) Furnishing Data and Analysis.--
(1) Data and analysis.--In carrying out subsection (a)(2),
each head of a covered department, component, or agency,
shall furnish to the Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary a description of
the analysis that led to the findings submitted under such
subsection and the data used in such analysis.
(2) Certification.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary of Defense shall
jointly review each submittal under subsection (a)(2) and
certify whether the findings and analysis are in compliance
with the requirements of this section.
(f) Recommendations.--After receiving findings submitted by
a head of a covered department, component, or agency pursuant
to paragraph (2) of subsection (a) with respect to a review
conducted by the head pursuant to paragraph (1) of such
subsection, the Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly
provide to such head such recommendations as the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary may have for changes in manning or acquisition that
proceed from such review.
(g) Implementation.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly
oversee and assist in the implementation of the roadmaps
developed pursuant to subsection (c)(7) and the
recommendations developed pursuant to subsection (f).
(h) In-progress Reviews.--Not later than six months after
the date of the enactment of this Act and not less frequently
than once every six months thereafter until the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary give the briefing required by subsection (i), the
Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary shall jointly--
(1) conduct in-progress reviews of the status of the
reviews required by subsection (a)(1); and
(2) provide the congressional defense committees with a
briefing on such in-progress reviews.
(i) Final Briefing.--After all of the reviews have been
completed under paragraph (1) of subsection (a), after
receiving all of the findings pursuant to paragraph (2) of
such subsection, and not later than June 1, 2021, the
Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary shall jointly provide to the
congressional defense committees a briefing on the findings
of the Principal Cyber Advisor, the Chief Information
Officer, and the Under Secretary with respect to such
reviews, including such recommendations as the Principal
Cyber Advisor, the Chief Information Officer, and the Under
Secretary may have for changes to the budget of the
Department as a result of such reviews.
(j) Definition of Zero-based Review.--In this section, the
term ``zero-based review'' means a review in which assessment
is conducted with each item, position, or person costed anew,
rather than in relation to its size or status in any previous
budget.
SEC. 1633. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY.
(a) Study Required.--Not later than October 1, 2020, the
Secretary of the Navy and the Chief of Naval Operations shall
jointly--
(1) complete a study on methods to improve military and
civilian cyber career paths within the Navy; and
(2) submit to the congressional defense committees a report
on the findings of the Secretary and Chief with respect to
the study completed pursuant to paragraph (1) and submit such
report with all of the data used in such study.
(b) Elements.--The report submitted pursuant to subsection
(a)(2) shall include the following:
(1) A plan for implementing career paths for civilian and
military personnel tailored to develop expertise in cyber
skill sets, including skills sets appropriate for offensive
and defensive military cyber operations.
(2) Suggested changes to the processes that govern the
identification of talent and career progression of the
civilian and military workforce.
(3) A methodology for a cyber workforce assignment policy
that deliberately builds depth and breadth of knowledge
regarding the conduct of cyber operations throughout an
entire career.
(4) Possible enhancements to identifying, recruiting,
training, and retaining the cyber workforce, both civilian
and military, especially for Interactive On-Net operators and
tool developers.
(5) Recommendations for legislative and administrative
actions to address the findings and recommendations of the
Secretary and the Chief with respect to the study completed
pursuant to subsection (a)(1).
(c) Consultation.--In conducting the study required by
subsection (a)(1), the Secretary and the Chief shall consult
with the following:
(1) The Principal Cyber Advisor of the Department of
Defense.
[[Page S3935]]
(2) The Secretary of the Air Force.
(3) The Air Force Chief of Staff.
(4) The Secretary of the Army.
(5) The Army Chief of Staff.
(6) The Commandant of the Marine Corps.
(7) The Under Secretary of Defense for Personnel and
Readiness.
(8) The Chief Information Officer of the Department of
Defense.
(9) The Commander of the United States Cyber Command.
SEC. 1634. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED
STATES DEFENSE INDUSTRIAL BASE.
(a) Framework Required.--Not later than February 1, 2020,
the Secretary of Defense shall develop a consistent,
comprehensive framework to enhance cybersecurity for the
United States defense industrial base.
(b) Elements.--The framework developed pursuant to
subsection (a) shall include the following:
(1) Identification of unified cybersecurity standards,
regulations, metrics, ratings, third-party certifications, or
requirements to be imposed on the defense industrial base for
the purpose of assessing the cybersecurity of individual
contractors.
(2) The roles and responsibilities of various activities
within the Department of Defense, across the entire
acquisition process, beginning with market research,
including responsibility determination, solicitation, and
award, and continuing with contractor management and
oversight on matters relating to cybersecurity.
(3) The responsibilities of the prime contractors, and all
subcontractors in the supply chain, for implementing the
required cybersecurity standards, regulations, metrics,
ratings, third-party certifications, and requirements
identified under paragraph (1).
(4) A plan to provide implementation guidance, education,
manuals, and, as necessary, direct technical support or
assistance to such contractors on matters relating to
cybersecurity.
(5) Methods and programs for defining and managing
controlled unclassified information, and for limiting the
presence of unnecessary sensitive information on contractor
networks.
(6) Quantitative metrics for assessing the effectiveness of
the overall framework over time, with respect to the
exfiltration of controlled unclassified information from the
defense industrial base.
(c) Matters for Consideration.--In developing the framework
required by subsection (a), the Secretary shall consider the
following:
(1) Designating an official to be responsible for the
cybersecurity of the defense industrial base.
(2) Evaluating methods, standards, metrics, and third-party
certifications for assessing the cybersecurity of individual
contractors.
(3) Ensuring a consistent approach across the Department to
matters relating to the cybersecurity of the defense
industrial base.
(4) Tailoring cybersecurity requirements for small- and
medium-sized contractors based on a risk-based approach.
(5) Ensuring the Department's traceability and visibility
of cybersecurity compliance of suppliers to all levels of the
supply chain.
(6) Evaluating incentives and penalties for cybersecurity
performance of suppliers.
(7) Integrating cybersecurity and traditional
counterintelligence measures, requirements, and programs.
(8) Establishing a secure software development environment
(DevSecOps) in a cloud environment inside the perimeter of
the Department for contractors to do their development work.
(9) Establishing a secure cloud environment where
contractors could access the data of the Department needed
for their contract work.
(10) Establishing a Cybersecurity Maturity Model
Certification for defense industrial base companies, scoring
companies on a rating scale, and requiring certain ratings
for contract awards.
(11) Providing additional assistance to small companies in
the form of training, mentoring, approved security product
lists, and approved lists of security-as-a-service providers.
(12) Technological means, operational concepts, reference
architectures, offensive counterintelligence operation
concepts, and plans for operationalization to complicate
adversary espionage, including honeypotting and data
obfuscation.
(13) Implementing enhanced security vulnerability
assessments for contractors working on critical acquisition
programs, technologies, manufacturing capabilities, and
research areas.
(14) Identifying ways to better leverage technology and
employ machine learning or artificial intelligence
capabilities, such as Internet Protocol monitoring and data
integrity capabilities to be applied to contractor
information systems that host, receive, or transmit
controlled unclassified information.
(15) Developing tools to easily segregate program data to
only allow subcontractors access to their specific
information.
(16) Appropriate communications of threat assessments of
the defense industrial base to the acquisition workforce at
all classification levels.
(17) Appropriate communications with industry on the impact
of cybersecurity considerations in contracting and
procurement decisions.
(d) Consultation.--In developing the framework required by
subsection (a), the Secretary shall consult with the
following:
(1) Industry groups representing the defense industrial
base.
(2) Contractors in the defense industrial base.
(3) The Director of the National Institute of Standards and
Technology.
(4) The Secretary of Energy and the Nuclear Regulatory
Commission.
(5) The Director of National Intelligence.
(e) Briefing.--
(1) In general.--Not later than March 11, 2020, the
Secretary of Defense shall provide the congressional defense
committees with a briefing on the framework developed
pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed in subsection
(a).
(B) Identification of such pilot programs as the Secretary
considers may be required to improve the cybersecurity of the
defense industrial base.
(C) Implementation timelines and identification of costs.
(D) Such recommendations as the Secretary may have for
legislative action to improve the cybersecurity of the
defense industrial base.
(f) Quarterly Briefings.--
(1) In general.--Not less frequently than once each quarter
until February 1, 2022, the Secretary of Defense shall brief
the congressional defense committees on the status of
development and implementation of the framework required by
subsection (a).
(2) Coordination with other briefings.--Each briefing under
paragraph (1) shall be conducted in conjunction with a
quarterly briefing under section 484(a) of title 10, United
States Code.
(3) Elements.--Each briefing under paragraph (1) shall
include the following:
(A) The current status of the development and
implementation of the framework required by subsection (a).
(B) A description of the efforts undertaken by the
Secretary to evaluate the matters for consideration set forth
in subsection (c).
(C) The current status of any pilot programs the Secretary
is carrying out to develop the framework.
SEC. 1635. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING
ENTERPRISE-WIDE CYBERSECURITY.
(a) In General.--In carrying out the responsibilities
established in section 142 of title 10, United States Code,
the Chief Information Officer of the Department of Defense
shall, to the maximum extent practicable, ensure that the
cybersecurity programs and capabilities of the Department--
(1) fit into an enterprise-wide cybersecurity architecture;
(2) are maximally interoperable with each other, including
those deployed by the components of the Department;
(3) enhance enterprise-level visibility and responsiveness
to threats; and
(4) are developed, procured, instituted, and managed in a
cost-efficient manner, exploiting economies of scale and
enterprise-wide services and discouraging unnecessary
customization and piecemeal acquisition.
(b) Requirements.--In carrying out subsection (a), the
Chief Information Officer shall--
(1) manage and modernize the cybersecurity architecture of
the Department, including--
(A) ensuring the cybersecurity architecture of the
Department maximizes cybersecurity capability, network, and
endpoint activity data-sharing across Department components;
(B) ensuring the cybersecurity architecture of the
Department supports improved automaticity of cybersecurity
detection and response; and
(C) modernizing and configuring the Department's
standardized deployed perimeter, network-level, and endpoint
capabilities to improve interoperability, meet pressing
capability needs, and negate common adversary tactics,
techniques, and procedures;
(2) establish mechanisms to enable and mandate, as
necessary, cybersecurity capability, and network and endpoint
activity data-sharing across Department components;
(3) make mission data, through data tagging, automatic
transmission, and other means, accessible and discoverable by
Department components other than owners of those mission
data;
(4) incorporate emerging cybersecurity technologies from
the Defense Advanced Research Projects Agency, the Strategic
Capabilities Office, the Defense Innovation Unit, the
laboratories of the military departments, and the commercial
sector into the cybersecurity architecture of the Department;
and
(5) ensure that the Department possesses the necessary
computing infrastructure, through technology refresh,
installation or acquisition of bandwidth, and the use of
cloud computing power, to host and enable necessary
cybersecurity capabilities.
SEC. 1636. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER
FORCES.
(a) In General.--Section 484(b) of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) An assessment of the readiness of the Cyber Mission
Forces that--
``(A) addresses all of the abilities of the Department to
conduct cyberspace operations
[[Page S3936]]
based on capability and capacity of personnel, equipment,
training, and equipment condition--
``(i) using both quantitative and qualitative metrics; and
``(ii) in a way that is common to all military departments;
and
``(B) is consistent with readiness reporting pursuant to
section 482 of this title.''.
(b) Metrics.--
(1) Establishment required.--The Secretary of Defense shall
establish metrics for the assessment of the readiness of the
Cyber Mission Forces of the Department of Defense.
(2) Briefing required.--Not later than 90 days after the
date of the enactment of this Act, the Secretary will provide
a briefing to the congressional defense committees on the
metrics established pursuant to paragraph (1).
(c) Modification of Readiness Reporting System.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall take such actions as the Secretary
considers appropriate to ensure that the comprehensive
readiness reporting system established pursuant to section
117(a) of title 10, United States Code, covers matters
relating to the readiness of the Cyber Mission Forces--
(1) using the metrics established pursuant to subsection
(b)(1); and
(2) in a manner that is consistent with sections 117 and
482 of such title.
(d) First Quarterly Briefing Assessing Cyber Readiness.--
The amendments made by subsection (a) shall take effect on
the date that is 180 days after the date of the enactment of
this Act.
SEC. 1637. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA
STOLEN THROUGH CYBERSPACE.
(a) Requirements.--When the Secretary of Defense determines
that significant Department of Defense information may have
been stolen through cyberspace and evidence of theft of the
data in question--
(1) is in the possession of a component of the Department,
the Secretary shall--
(A) either transfer or replicate and transfer such
Department data in a prompt and secure manner to a secure
repository with access by Department personnel appropriately
limited on a need-to-know basis;
(B) ensure the Department applies such automated analytic
tools and capabilities to the repository of potentially
compromised data as are necessary to rapidly understand the
scope and effect of the potential compromise;
(C) for high priority Department systems, develop analytic
products that characterize the scope of data compromised;
(D) ensure that all mission-affected entities in the
Department are made aware of the theft or possible theft and,
as damage assessment and mitigation proceeds, are kept
apprised of the extent of the data stolen; and
(E) ensure that the Department counterintelligence
organizations are--
(i) fully integrated with any damage assessment team
assigned to the breach;
(ii) fully informed of the data that have or potentially
have been stolen and the effect of such theft; and
(iii) provided resources and tasked, in conjunction with
subject matter experts and responsible authorities, to
immediately develop and execute countermeasures in response
to a breach involving espionage and data theft; or
(2) is in the possession of or under controls or
restrictions imposed by the Federal Bureau of Investigation,
or a national counterintelligence or intelligence
organization, the Secretary shall determine, jointly with the
Director of the Federal Bureau of Investigation or the
Director of National Intelligence, as appropriate, the most
expeditious process, means, and conditions for carrying out
the activities otherwise required by paragraph (1).
(b) Recommendations.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees such recommendations as
the Secretary may have for legislative or administrative
action to address such barriers as may be inhibiting the
implementation of this section.
SEC. 1638. ACCREDITATION STANDARDS AND PROCESSES FOR
CYBERSECURITY AND INFORMATION TECHNOLOGY
PRODUCTS AND SERVICES.
(a) Assessment.--The Chief Information Officer of the
Department of Defense shall conduct an enterprise assessment
of accreditation of standards and processes for cybersecurity
and information technology products and services.
(b) Report.--
(1) In general.--Not later than April 1, 2020, the Chief
Information Officer shall submit to the congressional defense
committees a report on the assessment conducted under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) The findings of the Chief Information Officer with
respect to the assessment conducted under subsection (a).
(B) A description of the modifications proposed or enacted
to accreditation standards and processes arising out of the
assessment.
(C) A description of how the Department will increasingly
automate accreditation processes, pursue agile development,
incorporate machine learning, and foster reciprocity across
authorizing officials.
SEC. 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''.
SEC. 1640. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED
FOR TERMINATION OF DUAL-HAT ARRANGEMENT FOR
COMMANDER OF THE UNITED STATES CYBER COMMAND.
Section 1642(b)(2)(C) of the National Defense Authorization
Act for Fiscal Year 2017 (130 Stat. 2601; Public Law 114-328)
is amended--
(1) in clause (ii), by inserting ``and national
intelligence operations'' after ``operations'';
(2) by amending clause (iii) to read as follows:
``(iii) The tools, weapons, and accesses used in and
available for military cyber operations are sufficient for
achieving required effects and United States Cyber Command is
capable of acquiring or developing these tools, weapons, and
accesses.''; and
(3) by amending clause (vi) to read as follows:
``(vi) The cyber mission force has achieved full
operational capability and has demonstrated the capacity to
execute the cyber missions of the Department, including--
``(I) execution of national-level missions through
cyberspace, including deterrence and disruption of adversary
cyber activity;
``(II) defense of the Department of Defense Information
Network; and
``(III) support for other combatant commands, including
targeting of adversary military assets.''.
SEC. 1641. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY
EXPERTISE TO SUPPORT ACQUISITION OF COMMERCIAL
CYBERSECURITY PRODUCTS.
(a) Advisory Mission.--The National Security Agency shall,
as a mission in its role in securing the information systems
of the Department of Defense, advise and assist the
Department of Defense in its acquisition and adaptation of
cybersecurity products and services from industry, especially
the commercial cybersecurity sector.
(b) Program to Improve Acquisition of Cybersecurity
Products and Services.--
(1) Establishment.--Consistent with paragraph (1), the
Director of the National Security Agency shall establish a
permanent program consisting of market research, testing, and
expertise transmission, or augments to existing programs, to
improve the acquisition by the Department of cybersecurity
products and services.
(2) Requirements.--Under the program established pursuant
to paragraph (1), the Director shall, independently and at
the request of components of the Department--
(A) test and evaluate commercially-available cybersecurity
products and services using--
(i) generally known cyber operations techniques; and
(ii) tools and cyber operations techniques and advanced
tools and techniques available to the National Security
Agency;
(B) develop and establish standard procedures, techniques,
and threat-informed metrics to perform the testing and
evaluation required by subparagraph (A); and
(C) advise the Secretary of Defense on the merits and
disadvantages of evaluated cybersecurity products, including
with respect to--
(i) any synergies between products;
(ii) value;
(iii) matters relating to operation and maintenance; and
(iv) matters relating to customization requirements.
(3) Limitations.--The program established under paragraph
(1) shall not--
(A) by used to accredit cybersecurity products and services
for use by the Department;
(B) create approved products lists; or
(C) be used for acquisition contracts for the procurement
and fielding of cybersecurity products on behalf of the
Department.
SEC. 1642. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF
DEPARTMENT OF DEFENSE.
(a) Study Required.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on the
future cyber warfighting capabilities of the Department of
Defense.
(b) Participation.--Participants in the study shall include
the following:
(1) Such members of the Board, including members of the
Task Force on Cyber Deterrence of the Board, as the Chairman
of the Board considers appropriate for the study.
(2) Such additional temporary members or contracted support
as the Secretary--
(A) selects from those recommended by the Chairman for
purposes of the study; and
(B) considers to have significant technical, policy, or
military expertise.
(c) Elements.--The study conducted pursuant to subsection
(a) shall include the following:
(1) A technical evaluation of the Joint Cyber Warfighting
Architecture of the Department, especially the Unified
Platform, Joint Cyber Command and Control, and Persistent
Cyber Training Environment, including with respect to the
following:
[[Page S3937]]
(A) The suitability of the requirements and, as relevant,
the delivered capability of such architecture to modern cyber
warfighting.
(B) Such requirements or capabilities as may be absent or
underemphasized in such architecture.
(C) The speed of development and acquisition as compared to
mission need.
(D) Identification of potential duplication of efforts
among the programs and concepts evaluated.
(E) The coherence of such architecture with the National
Mission Teams and Combat Mission Teams of the Cyber Mission
Force, as constituted and organized on the day before the
date of the enactment of this Act.
(F) The coherence of such architecture with the Cyber
Protection Teams of the Cyber Mission Force and the
cybersecurity service providers of the Department, as
constituted and organized on the day before the date of the
enactment of this Act.
(G) The coherence of such architecture with the concepts of
persistent engagement and defending forward as incorporated
in the 2018 Department of Defense Cyber Strategy, including
with respect to operational concepts such as consistent spy-
on-spy deterrence, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(2) A technical evaluation of the tool development and
acquisition programs of the Department, including with
respect to the following:
(A) The suitability of planned tool suite and cyber armory
constructs of the United States Cyber Command to modern cyber
warfighting.
(B) The speed of development and acquisition as compared to
mission need.
(C) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
the tool development of the National Security Agency.
(D) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
its acquisition.
(E) The coherence of such programs with the concepts of
persistent engagement and defending forward as incorporated
in the 2018 Department of Defense Cyber Strategy, including
with respect to operational concepts such as consistent spy-
on-spy deterrence, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(3) An evaluation of the operational planning and targeting
of the United States Cyber Command, including support for
regional combatant commands, and suitability for modern cyber
warfighting.
(4) Development of such recommendations as the Board may
have for legislative or administrative action relating to the
future cyber warfighting capabilities of the Department.
(d) Access to Information.--The Secretary shall provide the
Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a
thorough and independent analysis as required under this
section.
(e) Report.--
(1) Transmittal to secretary.--Not later than November 1,
2021, the Board shall transmit to the Secretary a final
report on the study conducted pursuant to subsection (a).
(2) Transmittal to congress.--Not later than 30 days after
the date on which the Secretary receives the final report
under paragraph (1), the Secretary shall submit to the
congressional defense committees such report and such
comments as the Secretary considers appropriate.
SEC. 1643. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CYBER OPERATIONS-PECULIAR CAPABILITY
DEVELOPMENT PROJECTS.
(a) In General.--Subchapter I of chapter 134 of title 10,
United States Code, is amended by inserting after section
2243 the following new section:
``Sec. 2243a. Authority to use operation and maintenance
funds for cyber operations-peculiar capability development
projects
``(a) In General.--Subject to subsection (c), the covered
officials may each use amounts authorized to be appropriated
or otherwise made available for the Department of Defense for
operation and maintenance, to carry out cyber operations-
peculiar capability development projects.
``(b) Covered Officials.--For purposes of this section, the
covered officials are as follows:
``(1) The Secretary of the Army.
``(2) The Secretary of the Navy.
``(3) The Secretary of the Air Force.
``(4) The Commandant of the Marine Corps.
``(c) Limitation.--In a fiscal year, the aggregate amount
that may be used by a single covered official under
subsection (a) may not exceed $3,000,000.
``(d) Relationship to Other Laws.--The authority in
subsection (a) may be used without regard to any provision of
law establishing a limit on the unit cost of an investment
item that may be purchased with funds made available for
operation and maintenance.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of such subchapter is amended by inserting
after the item relating to section 2243 the following new
item:
``2243a. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.''.
(c) Reports.--
(1) In general.--In each of fiscal years 2021, 2022, and
2023, the Secretary of Defense shall submit to the
congressional defense committees a report on the use of the
authority provided under section 2243a(a) of title 10, United
States Code, as added by subsection (a), during the previous
fiscal year.
(2) 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.
SEC. 1644. EXPANSION OF AUTHORITY FOR ACCESS AND INFORMATION
RELATING TO CYBERATTACKS ON DEPARTMENT OF
DEFENSE OPERATIONALLY CRITICAL CONTRACTORS.
Section 391(c) of title 10, United States Code, is
amended--
(1) in paragraph (3)--
(A) by amending subparagraph (A) to read as follows:
``(A) include mechanisms for Department personnel--
``(i) if requested by an operationally critical contractor,
to assist the contractor in detecting and mitigating
penetrations; or
``(ii) at the request of the Department, to obtain access
to equipment or information of an operationally critical
contractor necessary to conduct a forensic analysis, in
addition to any analysis conducted by the contractor; and'';
and
(B) in subparagraph (B)--
(i) by striking ``to determine whether information'' and
inserting the following: ``to determine whether--
``(i) information'';
(ii) in clause (i), as so designated--
(I) by inserting ``or compromised on'' after ``exfiltrated
from''; and
(II) by striking the period at the end and inserting ``or
compromised; or''; and
(iii) by adding at the end the following new clause:
``(ii) the ability of the contractor to provide
operationally critical support has been affected and, if so,
how and to what extent it has been affected.'';
(2) in paragraph (4), by inserting ``, so as to minimize
delays in or any curtailing of the Department's cyber
response and defensive actions'' after ``specific person'';
and
(3) in paragraph (5)(C), by inserting `` or
counterintelligence activities'' after ``investigations''.
SEC. 1645. BRIEFING ON MEMORANDUM OF UNDERSTANDING RELATING
TO JOINT OPERATIONAL PLANNING AND CONTROL OF
CYBER ATTACKS OF NATIONAL SCALE.
(a) Briefing Required.--Not later than March 1, 2020, the
Secretary of Defense shall provide the appropriate committees
of Congress a briefing on the Joint Department of Defense and
Department of Homeland Security Memorandum of Understanding
signed by the Secretary of Defense on October 6, 2018.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The number of planners assigned by the Department of
Defense to line of effort three and line of effort four and
the areas of expertise of those planners.
(2) Whether the planners described in paragraph (1) are
physically co-located with their counterparts in the
Department of Homeland Security and are assigned full-time or
part-time to line of effort three and line of effort four.
(3) Whether the planners described in paragraph (1) are
developing operational plans and playbooks that will be
implemented in response to actual cyber attacks of national
scale or whether the planning activities are limited to
planning and exercise scenarios.
(4) Whether the official in charge of the planners assigned
to line of effort three and line of effort four has or will
have operational control of a Federal response to a cyber
attack of national scale.
(5) Whether the National Cyber Strategy, published in
September 2018, provides for a standing joint multi-agency
organization and staff to plan and direct operational
responses to cyber attacks of national scale.
(6) The charter and implementation plan of the Joint
Department of Defense and Department of Homeland Security
Cyber Protection and Defense Steering Group required by the
memorandum of understanding described in subsection (a).
(c) Definition of Appropriate Committees of Congress.--In
this section, the term ``appropriate committees of Congress''
means--
(1) the congressional defense committees;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(3) the Committee on Homeland Security of the House of
Representatives.
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.
(a) Study.--
(1) In general.--The Principal Cyber Advisor of the
Department of Defense shall conduct a study to determine the
optimal strategy for structuring and manning elements of the
following:
(A) Joint Force Headquarters-Cyber organizations.
(B) Joint Mission Operations Centers.
[[Page S3938]]
(C) Cyber Operations-Integrated Planning Elements.
(2) Elements.--The study conducted under subsection (a)
shall include assessment of the following:
(A) Operational effects on the military services if the
entities listed in subparagraphs (A) through (C) of paragraph
(1) are restructured from organizations that are service
component organizations to joint organizations.
(B) Organizational effects on the military services if the
billets associated with the entities listed in subparagraphs
(A) through (C) of paragraph (1) are transferred to United
States Cyber Command and designated as joint billets for
joint qualification purposes.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Principal Cyber Advisor shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives a report on the study conducted under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall contain the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study conducted under subsection (a).
(B) Details of the operational and organizational effects
assessed under subsection (a)(2).
(C) A plan to carry out the transfer described in
subsection (a)(2)(B) and the associated costs.
(D) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1647. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER
ADVISORS ON MILITARY CYBER FORCE MATTERS.
(a) Designation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, each Secretary of a military
department shall designate a Principal Cyber Advisor to act
as the principal advisor to the Secretary of the military
department on the cyber forces, cyber programs, and
cybersecurity matters of the military department, including
matters relating to weapons systems, enabling infrastructure,
and the defense industrial base.
(2) Nature of position.--Each Principal Cyber Advisor
position under paragraph (1) shall be a senior civilian
leadership position.
(b) Responsibilities Principal Cyber Advisors.--Each
Principal Cyber Advisor of a military department shall be
responsible for advising the Secretary of the military
department and coordinating and overseeing the implementation
of policy, strategies, sustainment, and plans on the
following:
(1) The resourcing and training of the military cyber
forces of the military department and ensuring that such
resourcing and training meets the needs of United States
Cyber Command.
(2) Acquisition of offensive and defensive cyber
capabilities for the military cyber forces of the military
department.
(3) Cybersecurity management and operations of the military
department.
(4) Acquisition of cybersecurity tools and capabilities for
the cybersecurity service providers of the military
department.
(5) Improving and enforcing a culture of cybersecurity
warfighting and responsibility throughout the military
department.
(c) Administrative Matters.--
(1) Designation of individuals.--In designating a Principal
Cyber Adviser under subsection (a), the Secretary of a
military department may designate an individual in an
existing position in the military department.
(2) Coordination.--The Principal Cyber Advisor of a
military department shall work in close coordination with the
Principal Cyber Advisor of the Department of Defense, the
Chief Information Officer of the Department, relevant
military service chief information officers, and other
relevant military service officers to ensure service
compliance with the Department of Defense Cyber Strategy.
(d) Responsibility to the Senior Acquisition Executives.--
In addition to the responsibilities set forth in subsection
(b), the Principal Cyber Advisor of a military department
shall be responsible for advising the senior acquisition
executive of the military department and, as determined by
the Secretary of the military department, for advising and
coordinating and overseeing the implementation of policy,
strategies, sustainment, and plans for--
(1) cybersecurity of the industrial base; and
(2) cybersecurity of Department of Defense information
systems and information technology services, including how
cybersecurity threat information is incorporated and the
development of cyber practices, cyber testing, and mitigation
of cybersecurity risks.
(e) Review of Current Responsibilities.--
(1) In general.--Not later than January 1, 2021, each
Secretary of a military department shall review the military
department's current governance model for cybersecurity with
respect to current authorities and responsibilities.
(2) Elements.--Each review under paragraph (1) shall
include the following:
(A) An assessment of whether additional changes beyond the
designation of a Principal Cyber Advisor pursuant to
subsection (a) are required.
(B) Consideration of whether the current governance
structure and assignment of authorities--
(i) enable effective top-down governance;
(ii) enable effective Chief Information Officer and Chief
Information Security Officer action;
(iii) are adequately consolidated so that the authority and
responsibility for cybersecurity risk management is clear and
at an appropriate level of seniority;
(iv) provides authority to a single individual to certify
compliance of Department information systems and information
technology services with all current cybersecurity standards;
and
(v) support efficient coordination across the military
departments and services, the Office of the Secretary of
Defense, the Defense Information Systems Agency, and United
States Cyber Command.
(f) Briefing.--Not later than February 1, 2021, each
Secretary of a military department shall brief the
congressional defense committees on the findings of the
Secretary with respect to the review conducted by the
Secretary under subsection (e).
SEC. 1648. DESIGNATION OF TEST NETWORKS FOR TESTING AND
ACCREDITATION OF CYBERSECURITY PRODUCTS AND
SERVICES.
(a) Designation.--Not later than April 1, 2020, the
Secretary of Defense shall designate, for use by the Defense
Information Systems Agency and such other components of the
Department of Defense as the Secretary considers appropriate,
three test networks for the testing and accreditation of
cybersecurity products and services.
(b) Requirements.--The networks designated under subsection
(a) shall--
(1) be of sufficient scale to realistically test
cybersecurity products and services;
(2) feature substantially different architectures and
configurations;
(3) be live, operational networks; and
(4) feature cybersecurity processes, tools, and
technologies that are appropriate for test purposes and
representative of the processes, tools, and technologies that
are widely used throughout the Department.
SEC. 1649. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF
DEFENSE ON CYBERSECURITY MATTERS.
(a) Establishment.--The Secretary of Defense shall
establish one or more consortia to advise and assist the
Secretary on matters relating to cybersecurity.
(b) Membership.--The consortium or consortia established
under subsection (a) shall consist of universities that have
been designated as centers of academic excellence by the
Director of the National Security Agency or the Secretary of
Homeland Security.
(c) Organization.--
(1) Designation of administrative chair and terms.--For
each consortium established under subsection (a), the
Secretary, based on recommendations from the members of the
consortium, shall designate one member of the consortium to
function as an administrative chair of the consortium for a
term with a specific duration specified by the Secretary.
(2) Subsequent terms.--No member of a consortium designated
under paragraph (1) may serve as the administrative chair of
that consortium for two consecutive terms.
(3) Duties of administrative chair.--Each administrative
chair designated under paragraph (1) for a consortium shall--
(A) act as the leader of the consortium for the term
specified by the Secretary under paragraph (1);
(B) be the liaison between the consortium and the
Secretary;
(C) distribute requests from the Secretary for advice and
assistance to appropriate members of the consortium and
coordinate responses back to the Secretary; and
(D) act as a clearinghouse for Department of Defense
requests relating to advice and assistance on matters
relating to cybersecurity and to provide feedback to the
Secretary from members of the consortium.
(d) Functions.--The functions of a consortium established
under subsection (a) are as follows:
(1) To provide to the Secretary access to the expertise of
the members of the consortium on matters relating to
cybersecurity.
(2) To align the efforts of such members in support of the
Department.
(3) To act as a facilitator in responding to Department
requests relating to advice and assistance on matters
relating to cybersecurity and to provide feedback to the
Secretary from members of the consortium.
(e) Procedures.--The Secretary shall establish procedures
for organizations within the Department to access the work
product produced by and the research, capabilities, and
expertise of a consortium established under subsection (a)
and the universities that constitute the consortium.
Subtitle D--Nuclear Forces
SEC. 1661. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR
COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Duties and Powers of Under Secretary of Defense for
Acquisition and Sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) establishing policies for, and providing oversight,
guidance, and coordination with respect to, the nuclear
command, control, and communications system;''; and
(3) in paragraph (6), as redesignated by paragraph (1), by
inserting after ``overseeing
[[Page S3939]]
the modernization of nuclear forces'' the following: ``,
including the nuclear command, control, and communications
system,''.
(b) Duties and Responsibilities of Chief Information
Officer.--Section 142(b)(1) of such title is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
SEC. 1662. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT
BIENNIAL ASSESSMENTS OF DELIVERY PLATFORMS FOR
NUCLEAR WEAPONS AND NUCLEAR COMMAND AND CONTROL
SYSTEM.
Section 492(d) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) the Commander of the United States Air Forces in
Europe.''.
SEC. 1663. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF
THE NATIONAL LEADERSHIP COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
Section 171a of title 10, United States Code, is amended by
striking ``, Technology, and Logistics'' each place it
appears and inserting ``and Sustainment''.
SEC. 1664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided by subsection (b),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense shall be obligated or expended for--
(1) reducing, or preparing to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States; or
(2) reducing, or preparing to reduce, the quantity of
deployed intercontinental ballistic missiles of the United
States to a number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1665. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-
LAUNCHED CRUISE MISSILE.
Not later than 90 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for
Nuclear Security, shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on opportunities--
(1) to increase commonality between the long-range standoff
weapon and the sea-launched cruise missile; and
(2) to leverage, in the development of the sea-launched
cruise missile, technologies developed, or under development
as of the date of the briefing, as part of the long-range
standoff weapon program.
SEC. 1666. SENSE OF THE SENATE ON INDUSTRIAL BASE FOR GROUND-
BASED STRATEGIC DETERRENT PROGRAM.
It is the sense of the Senate that--
(1) ensuring the viability of an industrial base of at
least two domestic producers of large solid rocket motors for
the ground-based strategic deterrent program is an important
national security interest; and
(2) in continuing to carry out that program, the Secretary
of Defense should--
(A) strive to maintain competition and proper vendor
capabilities in order to maintain the best value for the
Government;
(B) consider the long-term health and viability of the
industrial base when structuring and awarding major
procurement or development contracts; and
(C) when appropriate, structure programs to provide
stability to the industrial base by maintaining continued
production for an extended period.
SEC. 1667. SENSE OF THE SENATE ON NUCLEAR DETERRENCE
COMMITMENTS OF THE UNITED STATES.
It is the sense of the Senate that--
(1) credible extended deterrence commitments make key
contributions to the security of the United States,
international stability, and the nonproliferation objectives
of the United States;
(2) the nuclear forces of the United States, as well as the
independent nuclear forces of other members of the North
Atlantic Treaty Organization (in this section referred to as
``NATO''), continue to play a critical role in national
security strategy of the United States and the security of
the NATO alliance;
(3) the forward-deployment of dual-capable aircraft
operated by the United States, and the participation of
certain NATO members in the nuclear deterrence mission, are
vitally important to the deterrence and defense posture of
NATO;
(4) such aircraft provide a credible and flexible nuclear
capability that plays a fundamental role in regional
deterrence and effectively assuring allies and partners of
the commitment of the United States to their security; and
(5) nuclear-certified F-35A aircraft provide the most
advanced nuclear fighter capability in the current and future
anti-access area denial environments.
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.
(a) Iron Dome Short-Range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for procurement, Defense-wide, and available
for the Missile Defense Agency, not more than $95,000,000 may
be provided to the Government of Israel to procure components
for the Iron Dome short-range rocket defense system through
co-production of such components in the United States by
industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be
available subject to the terms and conditions in the
Agreement Between the Department of Defense of the United
States of America and the Ministry of Defense of the State of
Israel Concerning Iron Dome Defense System Procurement,
signed on March 5, 2014, as amended to include co-production
for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Director of the Missile Defense Agency and the Under
Secretary of Defense for Acquisition and Sustainment shall
jointly submit to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement; and
(ii) an assessment detailing any risks relating to the
implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program, David's
Sling Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2020 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $50,000,000 may be provided to
the Government of Israel to procure the David's Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) Agreement.--(A) Provision of funds specified in
paragraph (1) shall be subject to the terms and conditions in
the bilateral co-production agreement, including--
(i) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(ii) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States
industry for the David's Sling Weapon System is not less than
50 percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and production readiness
reviews required by the research, development, and technology
agreement and the bilateral co-production agreement for the
David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3
Upper Tier Interceptor Program Co-Production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2020 for
procurement, Defense-wide, and available for the Missile
Defense Agency not more than $55,000,000 may be provided to
the Government of Israel for the Arrow 3 Upper Tier
Interceptor Program, including for co-production of parts and
components in the United States by United States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow
3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of co-
production of parts and components on the basis of the
greatest practicable co-production of parts, components, and
all-up rounds (if appropriate) by United States industry and
minimizes nonrecurring engineering and facilitization
expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for
the number of interceptors
[[Page S3940]]
and batteries that will be procured, including with respect
to the procurement plans, acquisition strategy, and funding
profiles of Israel;
(iii) technical milestones for co-production of parts and
components and procurement;
(iv) a joint affordability working group to consider cost
reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection
(b) and paragraph (2) of subsection (c), the Under Secretary
may submit--
(1) one certification covering both the David's Sling
Weapon System and the Arrow 3 Upper Tier Interceptor Program;
or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the
congressional defense committees the certification and
assessment under subsection (b)(3) and the certification
under subsection (c)(2) by not later than 30 days before the
funds specified in paragraph (1) of subsections (b) and (c)
for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1672. EXPANSION OF NATIONAL MISSILE DEFENSE POLICY AND
PROGRAM REDESIGNATION.
(a) Sense of the Senate.--It is the Sense of the Senate
that--
(1) the United States must continue to pursue a
comprehensive missile defense strategy that will deliver
integrated and effective capabilities to counter ballistic,
cruise, and hypersonic missile threats;
(2) adversaries are quickly expanding the capabilities of
their existing missile systems, adding new and unprecedented
types of missile capabilities to their arsenals, and further
integrating offensive missiles into their coercive threats,
military exercises, and war planning;
(3) both Russia and China are rapidly enhancing their
existing offensive missile systems and developing advanced
sea-, ground-, and air-launched cruise missiles as well as
hypersonic capabilities;
(4) due to the proliferation of offensive ballistic and
cruise missiles and the emergence of game-changing hypersonic
weapons technologies, all of which threaten regional
balances, our allies and partners, United States deployed
armed forces, and the United States homeland, missile
defenses become an even more critical element of United
States strategy; and
(5) the United States must outpace adversary offensive
missile capabilities.
(b) Expansion of Policy.--Section 1681(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 2431 note) is amended by striking
``ballistic missile threat'' and inserting ``ballistic,
cruise, and hypersonic missile threats''.
(c) Redesignation Requirement.--Not later than the date on
which the President submits to Congress pursuant to section
1105 of title 31, United States Code, the annual budget
request of the President for fiscal year 2021, the Secretary
of Defense shall, as the Secretary considers appropriate,
redesignate all strategies, policies, programs, and systems
under the jurisdiction of the Secretary to reflect that
missile defense programs of the United States defend against
ballistic, cruise, and hypersonic missiles in all phases of
flight.
SEC. 1673. ACCELERATION OF THE DEPLOYMENT OF PERSISTENT
SPACE-BASED SENSOR ARCHITECTURE.
(a) Sense of the Senate.--It is the Sense of the Senate
that--
(1) Congress has expressed support for a space-based
missile defense sensor program, in the two most recent
enacted National Defense Authorization Acts;
(2) the Secretary of Defense should rapidly develop and
deploy a persistent, space-based sensor architecture to
ensure missile defenses of the United States are more
effective against ballistic missile threats and more
responsive to emergent threats from hypersonic and cruise
missiles;
(3) the responsibility for developing and deploying a
hypersonic and ballistic tracking space sensor should remain
within the Director of the Missile Defense Agency; and
(4) the Director of the Missile Defense Agency should
deploy a hypersonic and ballistic tracking space sensor
constellation as soon as technically feasible.
(b) Assignment of Primary Responsibility for Development
and Deployment of Hypersonic and Ballistic Tracking Space
Sensor.--Not later than 30 days after the date of the
enactment of this Act, the Secretary shall--
(1) assign the Director of the Missile Defense Agency with
the principal responsibility for the development and
deployment of a hypersonic and ballistic tracking space
sensor; and
(2) submit to the congressional defense committees
certification of such assignment.
(c) Certification Regarding Funding of Hypersonic and
Ballistic Tracking Space Sensor Program.--At the same time
that the President submits to Congress pursuant to section
1105 of title 31, United States Code, the annual budget
request of the President for fiscal year 2021, the Under
Secretary of Defense Comptroller and the Director for Cost
Assessment and Program Evaluation shall jointly certify to
the congressional defense committees whether the hypersonic
and ballistic tracking space sensor program is sufficiently
funded in the future-years defense program for the Missile
Defense Agency.
(d) Deployment Deadline.--Section 1683(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2431 note) is amended--
(1) by striking ``(a) In General.--'' and inserting the
following:
``(a) Development, Testing, and Deployment.--
``(1) Development.--''; and
(2) by adding at the end the following new paragraphs:
``(2) Testing and deployment.--The Director shall begin on-
orbit testing of a hypersonic and ballistic tracking space
sensor no later than December 31, 2021, with full operational
deployment as soon as technically feasible thereafter.
``(3) Waiver.--The Secretary of Defense may waive the
deadline for testing specified in paragraph (2) if the
Secretary submits to the congressional defense committees a
report containing--
``(A) the explanation why the Secretary cannot meet such
deadline;
``(B) the technical risks and estimated cost of
accelerating the program to attempt to meet such deadline;
``(C) an assessment of threat systems that could not be
detected or tracked persistently due to waiving such
deadline; and
``(D) a plan, including a timeline, for beginning the
required testing.''.
(e) Report on Progress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the progress of all efforts being made by the Missile Defense
Agency, the Defense Advanced Research Projects Agency, the
Air Force, and the Space Development Agency relating to
space-based sensing and tracking capabilities for missile
defense and how each of such organizations will work together
to avoid duplication of efforts.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 1674. NONSTANDARD ACQUISITION PROCESSES OF MISSILE
DEFENSE AGENCY.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Department of Defense needs to provide capabilities
at the speed of relevance that are more lethal, and to ensure
acquisition processes fulfill the needs of members of the
Armed Forces now and in the future;
(2) significant defense acquisition reforms enacted over
the past three National Defense Authorization Acts have
improved access to nontraditional and commercial innovation
and to expanded flexible acquisition authorities in the
development of alternative acquisition pathways to acquire
critical national security capabilities;
(3) the Department appropriately recently recognized the
Missile Defense Agency for its acquisition success by
presenting it with the 2018 David Packard Excellence in
Acquisition Award for the development of the Space-Based Kill
Assessment (SKA) program and the Missile Defense Agency
should be commended for its numerous and rapid acquisition
successes;
(4) the recently completed Missile Defense Review
explicitly highlights, in stark terms, the threat posed to
the United States by ballistic and hypersonic missile
threats; and
(5) the Missile Defense Agency should maintain its
nonstandard acquisition authorities in order to continue to
rapidly design, test, and deliver critically needed defensive
capabilities to the warfighter.
(b) Changes to Nonstandard Acquisition Processes and
Responsibilities.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act may be obligated or expended to
change the nonstandard acquisition processes and
responsibilities described in paragraph (2) until the
Secretary--
(A) has consulted with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Policy, the secretaries of the military departments, the
Chairman of the Joint Chiefs of Staff, the Commander of
United States Strategic Command (USSTRATCOM), the Commander
of United States Northern Command (USNORTHCOM), and the
Director of the Missile Defense Agency;
(B) certifies to the congressional defense committees that
the Secretary has coordinated the changes with and received
the views of the individuals referred to in subparagraph (A);
(C) submits to the congressional defense committees a
report describing the changes, the rationale for the changes,
and the views of the individuals referred to in subparagraph
(A) with respect to such changes; and
(D) a period of 270 days has elapsed since submittal of the
report under subparagraph (C).
(2) Nonstandard acquisition processes and responsibilities
described.--The nonstandard acquisition processes and
responsibilities described in this paragraph are
[[Page S3941]]
such processes and responsibilities described in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002; and
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act.
SEC. 1675. PLAN FOR THE REDESIGNED KILL VEHICLE.
(a) Report Required.--The Director of the Missile Defense
Agency shall submit to the congressional defense committees a
report on the delay in the Redesigned Kill Vehicle Program.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the reason for the delay.
(2) An overview of the revised program schedule including a
revised test plan and revised acquisition strategy.
(3) A detailed description of any recommendations that
could be utilized to accelerate the scheduled fielding
including modifications to the acquisition strategy or the
procurement and assembly of long-lead materials unaffected by
the reason for the delay.
(4) A timeline associated with such recommendations.
(5) Additional funding required to carry out such
recommendations.
(6) An assessment of risk associated with such
recommendations.
(7) A description of any recommendations that were
submitted to the Director by contractors that the Director
considers reasonable but were not adopted.
(8) An explanation as to why the recommendations described
in paragraph (7) were not adopted.
(c) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 1676. REPORT ON IMPROVING GROUND-BASED MIDCOURSE DEFENSE
ELEMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Missile
Defense Agency shall submit to the congressional defense
committees a report on--
(1) options to increase the capability, capacity, and
reliability of the ground-based midcourse defense element of
the United States ballistic missile defense system; and
(2) the infrastructure requirements for increasing the
number of ground-based interceptors as part of such element.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the requirements of the ground-based
midcourse defense element of the United States ballistic
missile defense system to meet threats outlined in the 2018
National Defense Strategy and the 2019 Missile Defense
Review.
(2) An assessment of the feasibility of fielding up to 104
ground-based interceptors as part of such element, including
a description of the additional infrastructure and components
needed to further outfit missile fields at Fort Greely,
Alaska.
(3) A cost estimate of such infrastructure and components.
(4) An estimated schedule for completing such construction
as may be required for such infrastructure and components.
(5) An identification of any environmental assessments or
impact studies that would need to be conducted to expand
missile fields at Fort Greely beyond current capacity.
(6) A determination of the appropriate fleet mix of ground-
based interceptor kill vehicles and boosters to maximize
overall system effectiveness and increase its capacity and
capability, including the costs and benefits of continued
inclusion of capability enhancement II block 1 interceptors
after the fielding of the redesigned kill vehicle.
(7) The modernization requirements for the ground-based
midcourse system, including all command and control, ground
systems, sensors and sensor interfaces, boosters and kill
vehicles, and integration of known future systems and
components.
(8) A discussion of the obsolescence of such systems and
components.
(9) The industrial base requirements relating to the
ground-based midcourse system, as determined by the Director
of the Missile Defense Agency.
(10) Such other matters as the Director considers
appropriate.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1677. SENSE OF THE SENATE ON RECENT MISSILE DEFENSE
AGENCY TESTS.
It is the Sense of the Senate that the Office of the Under
Secretary of Defense for Research and Engineering, the
Missile Defense Agency, the Office of the Director for
Operational Test and Evaluation, the operational test
agencies, the military departments, and warfighters should--
(1) be strongly commended for a highly successful 2018
flight test campaign, which consisted of 13 total flight test
events including--
(A) FTX-35, which successfully proved interoperability
between Terminal High Altitude Area Defense (THAAD) and the
Phased Array Tracking Radar to Intercept on Target (PATRIOT)
to detect and track a simulated engagement with a short-range
ballistic missile;
(B) Pacific Dragon 2018, which successfully demonstrated
joint ballistic missile defense interoperability with Japan
and Korea to engage a short-range ballistic missile with a
Standard Missile 3 (SM-3) Block IB by a Japanese ship and an
Aegis Ashore site;
(C) JFTM-5, which successfully demonstrated the intercept
of an short-range ballistic missile with a Standard Missile 3
Block IB threat upgrade from a Japanese ship;
(D) FTM-45, which successfully demonstrated the intercept
of a medium-range ballistic missile with a Standard Missile 3
Block IIA from a United States ship; and
(E) FTI-03, which as a part of the operational test of the
European Phased Adaptive Approach (EPAA) Phase 3
architecture, successfully demonstrated the intercept of an
intermediate-range ballistic missile using the Aegis Weapon
System's Engage-on-Remote capability; and
(2) be especially recognized for the success of FTG-11, the
first salvo test of the United States of the Ground-based
Midcourse Defense system, during which two ground-based
interceptors were launched nearly simultaneously from the
same location and successfully intercepted the kill vehicle
of a threat-representative intercontinental ballistic missile
target, and then the next most lethal object.
SEC. 1678. SENSE OF THE SENATE ON MISSILE DEFENSE TECHNOLOGY
DEVELOPMENT PRIORITIES.
It is the sense of the Senate that--
(1) the 2019 Missile Defense Review articulates a
comprehensive approach to preventing and defeating the
rapidly expanding offensive missile threat through a
combination of deterrence, active and passive missile
defense, and attack operations;
(2) to counter the expanding offense missile capabilities
of potential adversaries and hedge against unanticipated
missile threats, the Secretary of Defense should aggressively
pursue new missile defense capabilities and examine concepts
and technologies for advanced missile defense systems;
(3) the Secretary should fully implement the 2019 Missile
Defense Review's focus on increasing investments in and
deploying new technologies and concepts; and
(4) the Secretary should work to ensure that all missile
defense systems are more survivable, including through--
(A) more distributed air and missile defense operations;
and
(B) improved camouflage, concealment, and deception,
including emission control.
SEC. 1679. PUBLICATION OF ENVIRONMENTAL IMPACT STATEMENT
PREPARED FOR CERTAIN POTENTIAL FUTURE MISSILE
DEFENSE SITES.
The Secretary of Defense shall make available to the public
the environmental impact statement prepared pursuant to
section 227(b) of the National Defense Authorization Act for
Fiscal Year 2013 (126 Stat. 1679; Public Law 112-239).
Subtitle F--Other Matters
SEC. 1681. MATTERS RELATING TO MILITARY OPERATIONS IN THE
INFORMATION ENVIRONMENT.
(a) Affirming the Authority of the Secretary of Defense to
Conduct Military Operations in the Information Environment.--
(1) In general.--Chapter 19 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 397. Military operations in the information
environment
``(a) Affirmation of Authority.--(1) Congress affirms that
the Secretary of Defense is authorized to conduct military
operations, including clandestine operations, in the
information environment to defend the United States, allies
of the United States, and interests of the United States,
including in response to malicious influence activities
carried out against the United States or a United States
person by a foreign power.
``(2) The military operations referred to in paragraph (1),
when appropriately authorized include the conduct of military
operations short of hostilities and in areas outside of areas
of active hostilities for the purpose of preparation of the
environment, influence, force protection, and deterrence of
hostilities.
``(b) Treatment of Clandestine Military Operations in the
Information Environment as Traditional Military Activities.--
A clandestine military operation in the information
environment shall be considered a traditional military
activity for the purposes of section 503(e)(2) of the
National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
``(c) Quarterly Information Operations Briefings.--(1) Not
less frequently than once each quarter, the Secretary of
Defense shall provide the congressional defense committees a
briefing on significant military operations, including all
clandestine operations in the information environment,
carried out by the Department of Defense during the
immediately preceding quarter.
``(2) Each briefing under subsection (1) shall include,
with respect to the military operations in the information
environment described in such paragraph, the following:
``(A) An update, disaggregated by geographic and functional
command, that describes the operations carried out by the
commands.
``(B) An overview of authorities and legal issues
applicable to the operations, including any relevant legal
limitations.
``(C) An outline of any interagency activities and
initiatives relating to the operations.
[[Page S3942]]
``(D) Such other matters as the Secretary considers
appropriate.
``(d) Rule of Construction.--Nothing in this section shall
be construed to limit, expand, or otherwise alter the
authority of the Secretary to conduct military operations,
including clandestine operations, in the information
environment, to authorize specific military operations, or to
limit, expand, or otherwise alter or otherwise affect the War
Powers Resolution (50 U.S.C. 1541 et seq.) or an
authorization for use of military force that was in effect on
the day before the date of the enactment of this Act.
``(e) Definitions.--In this section:
``(1) The terms `foreign person' and `United States person'
have the meanings given such terms in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
``(2) The term `hostilities' has the same meaning as such
term is used in the War Powers Resolution (50 U.S.C. 1541 et
seq.).
``(3) The term `clandestine military operation in the
information environment' means an operation or activity, or
associated preparatory actions, authorized by the President
or the Secretary of Defense, that--
``(A) is marked by, held in, or conducted with secrecy,
where the intent is that the operation or activity will not
be apparent or acknowledged publicly; and
``(B) is to be carried out--
``(i) as part of a military operation plan approved by the
President or the Secretary of Defense;
``(ii) to deter, safeguard, or defend against attacks or
malicious influence activities against the United States,
allies of the United States, and interests of the United
States; or
``(iii) in support of hostilities or military operations
involving the United States armed forces; or
``(iv) in support of military operations short of
hostilities and in areas where hostilities are not occurring
for the purpose of preparation of the environment, influence,
force protection, and deterrence.''.
(2) Clerical amendments.--
(A) Chapter 19.--
(i) Chapter heading.--The heading of chapter 19 of such
title is amended to read as follows:
``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''.
(ii) Table of sections.--The table of sections at the
beginning of chapter 19 of such title is amended by inserting
at the end the following new item:
``397. Military operations in the information environment.''.
(B) Table of chapters.--The table of chapters for part I of
subtitle A of such title is amended by striking the item
relating to chapter 19 and inserting the following new item:
``19. Cyber and Information Operations Matters...............391''.....
(b) Principal Information Operations Advisor.--
(1) Designation.--The Secretary of Defense shall designate,
from among officials appointed to a position in the
Department of Defense by and with the advice and consent of
the Senate, a Principal Information Operations Advisor to act
as the principal advisor to the Secretary on all aspects of
information operations conducted by the Department.
(2) Responsibilities.--The Principal Information Operations
Advisor shall have the following responsibilities:
(A) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and
technology development across all the elements of information
operations of the Department.
(B) Overall integration and supervision of the deterrence
of, conduct of, and defense against information operations.
(C) Promulgation of policies to ensure adequate
coordination and deconfliction with the Department of State,
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), and other
relevant agencies and departments of the Federal Government.
(D) Coordination with the head of the Global Engagement
Center to support the purpose of the Center (as set forth by
section 1287(a)(2) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656
note)) and liaison with the Center and other relevant Federal
Government entities to support such purpose.
(E) Establishing and supervising a rigorous risk management
process to mitigate the risk of potential exposure of United
States Persons to information intended exclusively for
foreign audiences.
(F) Development of guidance for, and promotion of, the
capability of the Department to liaison with the private
sector and academia on matters relating to the influence
activities of malign actors.
(G) Such other matters relating to information operations
as the Secretary shall specify for purposes of this
subsection.
(c) Cross-functional Team.--
(1) Establishment.--The Principal Information Operations
Advisor shall integrate the expertise in all elements of
information operations and perspectives of appropriate
organizations within the Office of the Secretary of Defense,
Joint Staff, military departments, Defense Agencies, and
combatant commands by establishing and maintaining a full-
time cross-functional team composed of subject-matter experts
selected from those organizations.
(2) Selection and organization.--The cross-functional team
established under paragraph (1) shall be selected, organized,
and managed in a manner consistent with section 911 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 111 note).
(d) Designation of Coordinating Authority.--
(1) Designation.--The Secretary of Defense shall designate
United States Special Operations Command as the coordinating
authority for information operations of the Department.
(2) Responsibilities.--The combatant command designated
under paragraph (1) shall be responsible for the following:
(A) Synchronizing the Department's information operations
plans and operations across combatant commands.
(B) Acting as the joint proponent for information
operations capabilities.
(e) Strategy and Posture Review.--
(1) Strategy and posture review required.--The Secretary of
Defense, acting through the Principal Information Operations
Advisor and the cross-functional team established under
subsection (c)(1), shall--
(A) develop or update, as appropriate, a strategy for
operations in the information environment; and
(B) conduct an information operations posture review,
including an analysis of capability gaps that inhibit the
Department's ability to successfully execute the strategy
developed or updated pursuant to subparagraph (A).
(2) Elements.--At a minimum, the strategy developed or
updated pursuant to paragraph (1)(A) shall include the
following:
(A) The establishment of lines of effort, objectives, and
tasks that are necessary to implement the strategy and
eliminate the gaps identified under paragraph (1)(B).
(B) Designation of offices of primary responsibility for
implementing and achieving the tasks as set forth in the
strategy.
SEC. 1682. EXTENSION OF AUTHORIZATION FOR PROTECTION OF
CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
Section 130i(i) of title 10, United States Code, is amended
by striking ``2020'' both places it appears and inserting
``2024''.
SEC. 1683. HARD AND DEEPLY BURIED TARGETS.
(a) Report Required.--
(1) In general.--Not later than December 1, 2019, the
Chairman of the Joint Chiefs of Staff shall, in consultation
with the Commander of the United States Strategic Command,
submit to the congressional defense committees a classified
report on hard and deeply buried targets.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An estimate of the total number of high-value hard and
deeply buried targets associated with Unites States military
operations plans.
(B) A description of the contents, functions, and hardening
characteristics of the targets described in subparagraph (A),
as well as their level of protection by anti-access and area
denial capabilities.
(C) An assessment of the current ability of the United
States to hold such targets at risk using existing
conventional and nuclear capabilities.
(D) An assessment of the potential ability of the United
States to hold such targets at risk using projected
conventional and nuclear capabilities as of 2030.
(b) Plan.--Not later than February 15, 2020, the Secretary
of Defense shall develop a plan to ensure that the United
States possesses by 2025 the capabilities to pose a credible
deterrent threat against targets described in the report
required by subsection (a).
(c) Certification.--Not later than March 1, 2020, and
annually thereafter, the Secretary shall certify to the
congressional defense committees that the plan required by
subsection (b) is being implemented in accordance with the
2025 deadline specified in that subsection.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition,
[[Page S3943]]
family housing projects and facilities, or contributions to
the North Atlantic Treaty Organization Security Investment
Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Redstone Arsenal................................. $38,000,000
Colorado.................................... Fort Carson...................................... $71,000,000
Georgia..................................... Fort Gordon...................................... $107,000,000
Hunter Army Airfield............................. $62,000,000
Kentucky.................................... Fort Campbell.................................... $61,300,000
Massachusetts............................... Soldier Systems Center Natick.................... $50,000,000
Michigan.................................... Detroit Arsenal.................................. $24,000,000
New York.................................... Fort Drum........................................ $44,000,000
North Carolina.............................. Fort Bragg....................................... $12,500,000
Oklahoma.................................... Fort Sill........................................ $73,000,000
Pennsylvania................................ Carlisle Barracks................................ $98,000,000
South Carolina.............................. Fort Jackson..................................... $88,000,000
Texas....................................... Corpus Christi Army Depot........................ $86,000,000
Fort Hood........................................ $50,500,000
Virginia.................................... Fort Belvoir..................................... $60,000,000
Joint Base Langley-Eustis........................ $55,000,000
Washington.................................. Joint Base Lewis-McChord......................... $46,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation Amount
----------------------------------------------------------------------------------------------------------------
Honduras...................................... Soto Cano Air Base............................. $34,000,000
Japan......................................... Kadena Air Base................................ $80,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations or locations, in the number
of units, and in the amounts set forth in the following
table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania........................... Tobyhanna Army Depot....... Family Housing $19,000,000
Replacement Construction
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 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.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page S3944]]
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................... Yuma............................................ $189,760,000
California................................... Camp Pendleton................................. $185,569,000
China Lake...................................... $64,500,000
Coronado........................................ $165,830,000
Marine Corps Air Station Miramar................ $37,400,000
Marine Corps Recruit Depot San Diego............ $9,900,000
Seal Beach...................................... $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................. New London..................................... $72,260,000
Florida...................................... Naval Air Station Jacksonville.................. $32,420,000
Marine Corps Support Facility Blount Island..... $18,700,000
Hawaii....................................... Kaneohe Bay..................................... $134,050,000
West Loch....................................... $53,790,000
North Carolina............................... Camp Lejeune.................................... $229,010,000
Marine Corps Air Station Cherry Point........... $166,870,000
New River....................................... $11,320,000
South Carolina............................... Marine Corps Recruit Depot Parris Island........ $37,200,000
Virginia..................................... Norfolk......................................... $79,100,000
Portsmouth...................................... $48,930,000
Quantico........................................ $143,350,000
Yorktown........................................ $59,000,000
Washington................................... Bremerton....................................... $51,010,000
Keyport......................................... $25,050,000
Kitsap.......................................... $48,000,000
Unspecified CONUS............................ Zulu............................................ $59,600,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Darwin.......................................... $211,500,000
Bahrain Island................................ Southwest Asia.................................. $53,360,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Italy......................................... Sigonella....................................... $77,400,000
Japan......................................... Iwakuni......................................... $15,870,000
Yokosuka........................................ $174,692,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a) of this Act and
available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an
amount not to exceed $41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alaska......................................... Eielson Air Force Base...................... $8,600,000
Arkansas....................................... Little Rock Air Force Base.................. $47,000,000
California..................................... Travis Air Force Base....................... $43,100,000
[[Page S3945]]
Colorado....................................... Peterson Air Force Base..................... $54,000,000
Schriever Air Force Base.................... $148,000,000
Illinois....................................... Scott Air Force Base........................ $100,000,000
Missouri....................................... Whiteman Air Force Base..................... $27,000,000
Montana........................................ Malmstrom Air Force Base.................... $235,000,000
Nevada......................................... Nellis Air Force Base....................... $65,200,000
New Mexico..................................... Holloman Air Force Base..................... $20,000,000
Kirtland Air Force Base..................... $37,900,000
North Dakota.................................. Minot Air Force Base........................ $5,500,000
Texas.......................................... Joint Base San Antonio...................... $207,300,000
Utah........................................... Hill Air Force Base......................... $114,500,000
Washington..................................... Fairchild Air Force Base.................... $31,000,000
Wyoming........................................ F.E. Warren Air Force Base.................. $18,100,000
Unspecified CONUS.............................. Zulu........................................ $31,200,000
Unspecified Worldwide.......................... Zulu........................................ $230,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia...................................... Tindal...................................... $70,600,000
Cyprus......................................... Royal Air Force Akrotiri.................... $27,000,000
Guam........................................... Joint Region Marianas....................... $65,000,000
Japan.......................................... Kadena Air Base............................. $31,500,000
Misawa Air Base............................. $5,300,000
Yokota Air Base............................. $12,400,000
Jordan......................................... Azraq....................................... $66,000,000
Mariana Islands................................ Tinian...................................... $316,000,000
United Kingdom................................. Royal Air Force Lakenheath.................. $14,300,000
----------------------------------------------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may
improve existing military family housing units in an amount
not to exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page S3946]]
shelter and a 404 square meter fire protection support
building.
SEC. 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.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Beale Air Force Base............................ $33,700,000
Camp Pendleton.................................. $17,700,000
CONUS Classified.............................. Classified Location............................. $82,200,000
Florida....................................... Elgin Air Force Base............................ $16,500,000
Hurlburt Field.................................. $108,386,000
Key West........................................ $16,000,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $67,700,000
Maryland...................................... Fort Detrick.................................... $27,846,000
Mississippi................................... Columbus Air Force Base......................... $16,800,000
North Carolina............................... Camp Lejeune.................................... $13,400,000
Fort Bragg...................................... $84,103,000
Oklahoma...................................... Tulsa International Airport..................... $18,900,000
Rhode Island.................................. Quonset State Airport........................... $11,600,000
South Carolina................................ Joint Base Charleston........................... $33,300,000
South Dakota.................................. Ellsworth Air Force Base........................ $24,800,000
Virginia...................................... Dam Neck........................................ $12,770,000
Defense Distribution Depot Richmond............. $98,800,000
Joint Expeditionary Base Little Creek-Fort Story $45,604,000
Pentagon........................................ $28,802,000
Washington................................... Joint Base Lewis-McChord........................ $47,700,000
Wisconsin..................................... General Mitchell International Airport.......... $25,900,000
Unspecified CONUS............................. Zulu............................................ $100,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany...................................... Geilenkirchen Air Base........................ $30,479,000
Ramstein Air Base............................. $66,880,000
Guam........................................ Joint Region Marianas......................... $19,200,000
Japan........................................ Yokota Air Base............................... $136,411,000
Worldwide Classified......................... Classified Location........................... $52,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Mountain View................................. $9,700,000
Naval Air Weapons Station China Lake.......... $8,950,000
Naval Support Activity Monterey............... $10,540,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000
Louisiana.................................... Joint Reserve Base Naval Air Station New $5,340,000
Orleans......................................
[[Page S3947]]
Maryland..................................... South Potomac................................. $18,460,000
Naval Support Activity Bethesda............... $13,840,000
New Mexico................................... White Sands Missile Range..................... $5,800,000
Texas........................................ Fort Hood..................................... $16,500,000
Camp Swift.................................... $4,500,000
Virginia..................................... National Reconnaissance Office Headquarters... $66,000
Washington................................... Naval Base Kitsap............................. $23,670,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Base Guam............................... $16,970,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2019, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share
of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table
in section 4601.
(b) Authority to Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment
Program (NSIP), the Department of Defense construction agent
may recognize the NATO project authorization amounts as
budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Installation or
Country Component Location Project Amount
----------------------------------------------------------------------------------------------------------------
Korea........................... Army.............. Camp Carroll...... Army Prepositioned $51,000,000
Stock-4 Wheeled
Vehicle
Maintenance
Facility.........
Army.............. Camp Humphreys.... Unaccompanied $154,000,000
Enlisted
Personnel
Housing, P1......
Army.............. Camp Humphreys.... Unaccompanied $211,000,000
Enlisted
Personnel
Housing, P2......
Army.............. Camp Humphreys.... Satellite $32,000,000
Communications
Facility.........
Air Force......... Gwangju Air Base.. Hydrant Fuel $35,000,000
System Upgrade
Electrical.......
Air Force......... Kunsan Air Base... Distribution $14,200,000
System...........
Air Force......... Kunsan Air Base... Dining Facility... $21,000,000
Air Force......... Suwon Air Base.... Hydrant Fuel $24,000,000
System...........
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
[[Page S3948]]
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Anniston Army Depot.............................. $34,000,000
Foley............................................ $12,000,000
California.................................. Camp Roberts..................................... $12,000,000
Idaho....................................... Orchard Training Area............................ $29,000,000
Maryland.................................... Havre de Grace................................... $12,000,000
Massachusetts............................... Camp Edwards..................................... $9,700,000
Minnesota................................... New Ulm.......................................... $11,200,000
Mississippi................................. Camp Shelby...................................... $8,100,000
Missouri.................................... Springfield...................................... $12,000,000
Nebraska.................................... Bellevue......................................... $29,000,000
New Hampshire............................... Concord.......................................... $5,950,000
New York.................................... Jamaica Armory................................... $91,000,000
Pennsylvania................................ Moon Township.................................... $23,000,000
Vermont..................................... Camp Ethan Allen................................. $30,000,000
Washington.................................. Richland......................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware...................................... Dover Air Force Base........................... $21,000,000
Wisconsin..................................... Fort McCoy..................................... $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve locations inside the
United States, and in the amounts, set forth in the following
table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana..................................... New Orleans.................................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California.................................... Moffett Air National Guard Base................ $57,000,000
Georgia....................................... Savannah/Hilton Head International Airport..... $24,000,000
Missouri...................................... Rosecrans Memorial Airport..................... $9,500,000
Puerto Rico................................... Luis Munoz Marin International Airport......... $50,000,000
Wisconsin..................................... Truax Field Air National Guard Base............ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
[[Page S3949]]
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia....................................... Robins Air Force Base.......................... $43,000,000
Minnesota..................................... Minneapolis-St. Paul International Airport..... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE
REALIGNMENT AND CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an
additional Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND
PROJECTS OF DEPARTMENT OF DEFENSE.
(a) Plans and Projects.--
(1) In general.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 2815. Military installation resilience plans
``(a) In General.--The Secretary of each military
department shall ensure the maintenance and enhancement of
military installation resilience through the development and
implementation of military installation resilience plans
under this section for each military installation under the
jurisdiction of such Secretary that is in a coastal area.
``(b) Military Installation Resilience Plans for National
Guard Installations.--The Secretary of a military department,
subject to the availability of appropriations, may develop
and implement a military installation resilience plan for a
State-owned installation of the National Guard that is in a
coastal area if--
``(1) such a plan is developed and implemented in
coordination with the chief executive officer of the State in
which the installation is located; and
``(2) such a plan is deemed, for purposes of any other
provision of law, to be for lands or other geographical areas
owned or controlled by the Department of Defense, or
designated for use by the Department of Defense.
``(c) Required Elements of Plans.--To the extent
appropriate and applicable, each military installation
resilience plan under this section shall provide for the
following:
``(1) A qualitative and, to the extent practicable,
quantitative assessment of--
``(A) current risks and threats to the resilience of the
military installation, including from extreme weather events,
mean sea level fluctuation, flooding, and other changes in
environmental conditions; and
``(B) future risks and threats, including from extreme
weather events, mean sea level fluctuation, flooding, and
other changes in environmental conditions, based on
projections from reliable and authorized sources as described
in section 2805(c) of the Military Construction Authorization
Act for Fiscal Year 2019 (division B of Public Law 115-232;
10 U.S.C. 2864 note), to the resilience of any project
considered in the master plan for the installation under
section 2864 of this title during the 50-year lifespan of the
installation.
``(2) A description of the--
``(A) assets or infrastructure located on the installation
vulnerable to the risks and threats described in paragraph
(1), with special emphasis on assets or infrastructure
critical to the accomplishment of the missions of the
installation and missions of any members of the armed forces
stationed at the installation; and
``(B) community infrastructure and resources located
outside the military installation that are--
``(i) critical to the accomplishment of the missions of the
military installation and of members of the armed forces
stationed at the installation; and
``(ii) vulnerable to the risks and threats described in
paragraph (1).
``(3) A description of the--
``(A) current or planned infrastructure projects or other
measures to mitigate the impacts of risks and threats
described in paragraph (1) to the resilience of the military
installation and the accomplishment of the missions of the
military installation and missions of members of the armed
forces stationed at the installation;
``(B) estimated costs associated with such current or
planned infrastructure projects or other mitigation measures;
and
``(C) current or planned interagency agreements,
cooperative agreements, memoranda of agreement, or other
agreements with other Federal agencies, Indian tribes, State
or local governments or entities, or other organizations or
individuals for the purpose of or that will assist in
maintaining or enhancing military installation resilience and
the resilience of the community infrastructure and resources
described in paragraph (2)(B).
``(d) Consistency and Integration With Other Plans.--The
Secretary of each military department shall ensure that each
military installation resilience plan prepared by such
Secretary under this section is--
``(1) consistent with the integrated natural resource
management plan of the Secretary required by section
101(a)(1)(B) of the Sikes Act (16 U.S.C. 670a);
``(2) consistent with and integrated into the installation
energy resilience master plan of the Secretary required by
section 2911(b)(3) of this title; and
``(3) consistent with and integrated into the installation
master plan of the Secretary required by section 2864 of this
title.
``(e) Inclusion of Certain Projects.--The Secretary of each
military department shall include in military installation
resilience plans under this section projects or improvements
to facilities conducted using amounts for sustainment,
restoration, and modernization.
``(f) Definitions.--In this section:
``(1) The term `community infrastructure' has the meaning
given that term in section 2391(e)(4) of this title.
``(2) The term `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).''.
``Sec. 2815a. Military installation resilience projects
``(a) Projects Required.--The Secretary of Defense shall
carry out military construction projects for military
installation resilience, not previously authorized, using
funds authorized to be appropriated or otherwise made
available for that purpose.
``(b) Congressional Notification.--(1) When a decision is
made to carry out a project under this section, the Secretary
of Defense shall notify the congressional defense committees
of that decision.
``(2) The Secretary of Defense shall include in each
notification submitted under paragraph (1) the rationale for
how the project would--
``(A) enhance military installation resilience;
``(B) enhance mission assurance;
``(C) support mission critical functions; and
``(D) address known vulnerabilities.
``(c) Timing of Projects.--A project may be carried out
under this section only after the end of the 14-day period
beginning on the date that notification with respect to that
project under subsection (b) is received by the congressional
defense committees in an electronic medium pursuant to
section 480 of this title.
``(d) Annual Report.--Not later than 90 days after the end
of each fiscal year, the Secretary of Defense shall submit to
the congressional defense committees a report on the status
of the planned and active projects carried out under this
section (including completed projects), and shall include in
the report with respect to each such project the following
information:
``(1) The title, location, a brief description of the scope
of work, the original project cost estimate, and the current
working cost estimate.
``(2) The rationale for how the project would--
``(A) enhance military installation resilience;
``(B) enhance mission assurance;
``(C) support mission critical functions; and
``(D) address known vulnerabilities.
``(3) Such other information as the Secretary considers
appropriate.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Defense to carry out
this section $100,000,000 for each fiscal year.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 169 of
[[Page S3950]]
such title is amended by inserting after the item relating to
section 2814 the following new items:
``2815. Military installation resilience plans.
``2815a. Military installation resilience projects.''.
(b) Report.--
(1) In general.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report on the extent to which military
installation resilience plans were prepared or implemented in
accordance with section 2815 of title 10, United States Code,
as added by subsection (a)(1).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of military installation resilience plans in
effect, including the date on which each plan was issued in
final form or most recently revised.
(B) The amounts expended on mitigation measures conducted
pursuant to or consistent with such plans, including moving
critical military functions of the Department of Defense to
less vulnerable military installations.
(C) An assessment of the extent to which such plans comply
with section 2815 of title 10, United States Code, as added
by subsection (a)(1).
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.
No funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for
fiscal year 2020 may be obligated or expended to implement
any activity that reduces air base resiliency or demolishes
protected aircraft shelters in the European theater without
creating a similar protection from attack in the European
theater until such time as the Secretary of Defense certifies
to the congressional defense committees that protected
aircraft shelters are not required in the European theater.
SEC. 2803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO
THE HOST NATION ANY EXISTING AIR BASE.
No funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for
fiscal year 2020 may be obligated or expended to implement
any activity that closes or returns to the host nation any
existing air base until such time as the Secretary of Defense
certifies that there is no longer a need for a rotational
military presence in the European theater.
SEC. 2804. INCREASED AUTHORITY FOR CERTAIN UNSPECIFIED MINOR
MILITARY CONSTRUCTION PROJECTS.
(a) In General.--Notwithstanding the limitations specified
in section 2805 of title 10, United States Code, the
Secretary concerned may carry out unspecified minor military
construction projects in an amount not to exceed $12,000,000
at the following installations:
(1) Tyndall Air Force Base, Florida.
(2) Camp Ashland, Nebraska.
(3) Offutt Air Force Base, Nebraska.
(4) Camp Lejeune, North Carolina.
(5) Marine Corps Air Station Cherry Point, North Carolina.
(b) Adjustment of Limitation.--The Secretary concerned may
adjust the dollar limitation specified in subsection (a)
applicable to a project described in such subsection to
reflect the area construction cost index for military
construction projects published by the Department of Defense
during the prior fiscal year for the location of the project,
except that no such limitation may exceed $19,000,000 as the
result of any adjustment made under this subsection.
(c) Termination.--The authority under this section shall
terminate on the date that is five years after the date of
the enactment of this Act.
SEC. 2805. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO
INSTALLATION RESILIENCE.
(a) Defense Access Roads.--Section 210 of title 23, United
States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Authorization.--
``(1) In general.--Of the funds appropriated for defense
access roads, the Secretary may use such amounts as are
appropriate for--
``(A) the construction and maintenance of defense access
roads (including bridges, tubes, tunnels, and culverts or
other water management structures on those roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that, as determined by the
Secretary, in consultation with the Secretary of Defense, are
necessary for or are planned to be used for the deployment or
sustainment of members of the Armed Forces, equipment, or
supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of, or improvements
to, those roads to ensure the continued effective use of the
roads, regardless of current or projected increases in mean
high tides, recurrent flooding, or other weather-related
conditions or natural disasters, in any case in which the
roads are certified to the Secretary as important to the
national defense by--
``(i) the Secretary of Defense; or
``(ii) such other official as the President may designate;
and
``(C) replacing existing highways and highway connections
that are shut off from general public use by necessary
closures, closures due to mean sea level fluctuation and
flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the construction and
maintenance of'' and inserting ``the construction,
maintenance, reconstruction, or improvement of, or
enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the Secretary'';
(B) by striking ``construction, maintenance, and repair
work'' and inserting ``activities for construction,
maintenance, reconstruction, enhancement, improvement, and
repair'';
(C) by striking ``therein'' and inserting ``in those
areas''; and
(D) by striking ``condition for such training purposes and
for repairing the damage caused to such highways by the
operations'' and inserting the following: ``condition for--
``(1) that training; and
``(2) repairing the damage to those highways caused by--
``(A) weather-related events, increases in mean high tide
levels, recurrent flooding, or natural disasters; or
``(B) the operations'';
(4) in subsection (g), in the second sentence, by striking
``construction which has been'' and inserting ``construction
and other activities''; and
(5) by striking subsection (i) and inserting the following:
``(i) Repair of Certain Damages and Infrastructure.--The
amounts made available to carry out this section may be used
to pay the cost of repairing damage caused, or any
infrastructure to mitigate a risk posed, to a defense access
road by recurrent or projected recurrent flooding, sea level
fluctuation, a natural disaster, or any other current or
projected change in applicable environmental conditions, if
the Secretary determines that continued access to a military
installation, defense industry site, air or sea port
necessary for or planned to be used for the deployment or
sustainment of members of the Armed Forces, equipment, or
supplies, or to a source of raw materials, has been or is
projected to be impacted by those events or conditions.''.
(b) Study on Certain Threats to Military Installation
Resilience.--
(1) Study.--
(A) In general.--Not later than March 1, 2020, the
Secretary of Defense shall complete a comprehensive study, to
be conducted by the Director of the Engineer Research and
Development Center of the Army Corps of Engineers, on the
risks posed by coastal or inland flooding, mean sea level
fluctuation, and storm surge to the military installation
resilience of military installations and State-owned
installations of the National Guard that the Secretary
determines are vulnerable to those risks.
(B) Coordination.--The study under subparagraph (A) shall
be conducted in coordination with other elements of the Army
Corps of Engineers, other Federal agencies, and State, local,
and tribal officials to ensure consistency with other plans
or pre-disaster and risk mitigation measures being planned or
taken in the areas within the scope of the study.
(2) Risk mitigation measures.--The study required by
paragraph (1)(A) shall include the identification of and
recommendations concerning ongoing or potential risk
mitigation measures, including on lands and waters not under
the jurisdiction of the Department of Defense, including
authorized projects of the Army Corps of Engineers and
current or potential projects under the Continuing
Authorities Program of the Corps of Engineers, that would
contribute to preserving or enhancing the military
installation resilience of military installations and State-
owned installations of the National Guard within the scope of
the study.
(3) Barriers to maintaining and enhancing resilience.--The
study required by paragraph (1)(A) shall identify
institutional, administrative, legislative, and other
barriers to preserving and enhancing the military
installation resilience of the installations determined by
such study to be vulnerable to the risks posed by coastal or
inland flooding, sea level rise, or storm surge.
(4) Reports.--
(A) Initial report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
providing the status of, interim results for, and an expected
completion date for the study required by paragraph (1)(A).
(B) Final report.--Not later than two years after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a final report on the
study required by paragraph (1)(A).
(5) Definitions.--In this subsection:
(A) Congressional defense committees; military installation
resilience.--The terms ``congressional defense committees''
and ``military installation resilience'' have the meanings
given those terms in section 101 of title 10, United States
Code.
[[Page S3951]]
(B) Continuing authorities program of the corps of
engineers.--The term ``Continuing Authorities Program of the
Corps of Engineers'' means any of the programs listed in
section 1030(a) of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 400).
(c) Update of United Facilities Criteria to Include
Changing Environmental Condition Projections.--Section
2805(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) Fiscal year 2019.--Not later than'';
(2) in paragraph (1), as designated by paragraph (1), by
striking ``United Facilities Criteria (UFC) 2-100-01 and UFC
2-100-02'' and inserting ``United Facilities Criteria (UFC)
1-200-01 and UFC 1-200-02''; and
(3) by adding at the end the following new paragraph:
``(2) Fiscal year 2020.--Not later than 30 days after the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2020, the Secretary of Defense shall
amend the United Facilities Criteria (UFC) as follows:
``(A) To require that installations of the Department of
Defense assess the risks from extreme weather and related
effects and develop plans to address those risks.
``(B) To require in the design of any military construction
project the use of the following weather projections:
``(i) Population projections from the Bureau of the Census.
``(ii) Land use change projections and weather projections
from the National Academy of Sciences.
``(iii) Land use change projections through the use of land
use and land cover modeling by the United States Geological
Survey.
``(iv) Weather projections from the United States Global
Change Research Program, including in the National Climate
Assessment.
``(v) Weather projections developed through the use of
Localized Constructed Analogs Statistical Downscaling.
``(vi) Weather projections developed through the Earth
Exchange program of the National Aeronautics and Space
Administration.
``(vii) Weather projections included in the technical
report NOS CO-OPS 083 set forth by the National Oceanic and
Atmospheric Administration.
``(viii) Any customized, high-resolution model weather
projections developed by the Strategic Environmental Research
and Development Program for specific regions with the goal of
assessing the vulnerability of installations of the
Department.
``(C) To require the Secretary to provide guidance to
project designers and master planners on how to use weather
projections.
``(D) To require the use throughout the Department of the
Naval Facilities Engineering Command Climate Change
Installation Adaptation and Resilience planning handbook.''.
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.
(a) Release of Retained Interests.--
(1) In general.--With respect to a parcel of land at Camp
Joseph T. Robinson, Arkansas, consisting of approximately
141.52 acres that lies in a part of section 35, township 3
north, range 12 west, Pulaski County, Arkansas, and
comprising a portion of the property conveyed by the United
States to the State of Arkansas for training of the National
Guard and for other military purposes pursuant to ``An Act
authorizing the transfer of part of Camp Joseph T. Robinson
to the State of Arkansas'', approved June 30, 1950 (64 Stat.
311, chapter 429), the Secretary of the Army may release the
terms and conditions imposed, and reversionary interests
retained, by the United States under section 2 of such Act,
and the right to reenter and use the property retained by the
United States under section 3 of such Act.
(2) Impact on other rights or interests.--The release of
terms and conditions and retained interests under paragraph
(1) with respect to the parcel described in such paragraph
shall not be construed to alter the rights or interests
retained by the United States with respect to the remainder
of the real property conveyed to the State of Arkansas under
the Act described in such paragraph.
(b) Instrument of Release and Description of Property.--
(1) In general.--The Secretary of the Army may execute and
file in the appropriate office a deed of release, amended
deed, or other appropriate instrument reflecting the release
of terms and conditions and retained interests under
subsection (a).
(2) Legal description.--The exact acreage and legal
description of the property described in subsection (a) shall
be determined by a survey satisfactory to the Secretary of
the Army.
(c) Conditions on Release and Reversionary Interest.--
(1) Expansion of veterans cemetery and reversionary
interest.--
(A) Expansion of veterans cemetery.--The State of Arkansas
may use the parcel of land described in subsection (a)(1)
only for the expansion of the Arkansas State Veterans
Cemetery.
(B) Reversionary interest.--If the Secretary of the Army
determines at any time that the parcel of land described in
subsection (a)(1) is not being used in accordance with the
purpose specified in subparagraph (A), all right, title, and
interest in and to the land, including any improvements
thereto, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United
States shall have the right of immediate entry onto such
parcel.
(2) Additional terms and conditions.--The Secretary of the
Army may require in the instrument of release such additional
terms and conditions in connection with the release of terms
and conditions and retained interests under subsection (a) as
the Secretary considers appropriate to protect the interests
of the United States.
(d) Payment of Administrative Costs.--
(1) Payment required.--
(A) In general.--The Secretary of the Army may require the
State of Arkansas to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the release of terms and
conditions and retained interests under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
release.
(B) Refund of amounts.--If amounts paid to the Secretary by
the State of Arkansas in advance under subparagraph (A)
exceed the costs actually incurred by the Secretary to carry
out the release, the Secretary shall refund the excess amount
to the State.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the release of terms and conditions
and retained interests under subsection (a) shall be credited
to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the release.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
SEC. 2812. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN PARCELS OF FEDERAL LAND IN ARLINGTON,
VIRGINIA.
(a) Transfer to the Secretary of the Army.--
(1) Transfer.--Administrative jurisdiction over the parcel
of Federal land described in paragraph (2) is transferred
from the Secretary of the Interior to the Secretary of the
Army.
(2) Description of land.--The parcel of Federal land
referred to in paragraph (1) is the approximately 16.09-acre
parcel of land in Arlington, Virginia, as depicted on the map
entitled ``Arlington National Cemetery, Memorial Ave-NPS
Parcel'' and dated February 11, 2019.
(b) Transfer to the Secretary of the Interior.--
(1) Transfer.--Administrative jurisdiction over the parcel
of Federal land described in paragraph (2) is transferred
from the Secretary of the Army to the Secretary of the
Interior.
(2) Description of land.--The parcel of Federal land
referred to in paragraph (1) is the approximately 1.04-acre
parcel of land in Arlington, Virginia, as depicted on the map
entitled ``Arlington National Cemetery-Chaffee NPS Land
Swap'' and dated October 31, 2018.
(c) Land Surveys.--The exact acreage and legal description
of a parcel of Federal land described in subsection (a)(2) or
(b)(2) shall be determined by a survey satisfactory to the
Secretary of the Army and the Secretary of the Interior.
(d) Authority to Correct Errors.--The Secretary of the Army
and the Secretary of the Interior may correct any clerical or
typographical error in a map described in subsection (a)(2)
or (b)(2).
(e) Terms and Conditions.--
(1) No reimbursement or consideration.--A transfer by
subsection (a)(1) or (b)(1) shall be without reimbursement or
consideration.
(2) Continued recreational access.--The use of a bicycle
trail or recreational access within a parcel of Federal land
described in subsection (a)(2) or (b)(2) in which the use or
access is authorized before the date of enactment of this Act
shall be allowed to continue after the transfer of the
applicable parcel of Federal land by subsection (a)(1) or
(b)(1).
(3) Management of parcel transferred to secretary of the
army.--The parcel of Federal land transferred to the
Secretary of the Army by section (a)(1) shall be administered
by the Secretary of the Army--
(A) as part of Arlington National Cemetery; and
(B) in accordance with applicable law, including--
(i) regulations; and
(ii) section 2409 of title 38, United States Code.
(4) Management of parcel transferred to secretary of the
interior.--The parcel of Federal land transferred to the
Secretary of the Interior by subsection (b)(1) shall be--
(A) included within the boundary of Arlington House, The
Robert E. Lee Memorial; and
(B) administered by the Secretary of the Interior--
(i) as part of the memorial referred to in subparagraph
(A); and
(ii) in accordance with applicable law (including
regulations).
[[Page S3952]]
SEC. 2813. MODIFICATION OF REQUIREMENTS RELATING TO LAND
ACQUISITION IN ARLINGTON COUNTY, VIRGINIA.
Section 2829A of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2728) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``to remove'' and inserting ``if existing
County utilities in the Southgate Road right of way are
permitted to remain in accordance with a mutually agreed upon
utility easement, to remove''
(II) by striking ``through a realignment'' and inserting
``through--
``(i) a realignment'';
(III) in clause (i), as designated by subclause (I), by
striking ``and'' at the end and inserting ``or''; and
(IV) by adding at the end the following new clause:
``(ii) the replacement of Southgate Road with a new access
road to Joint Base Myer-Henderson Hall; and''; and
(ii) in subparagraph (B), by striking the period at the end
and inserting ``in accordance with this section and
applicable Federal, Commonwealth, and County road right of
way engineering standards and requirements.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Consideration.--
``(A) In general.--The Secretary shall expend amounts up to
fair market value consideration for the interests in land
acquired under this subsection as such value is determined by
an independent appraisal process in accordance with the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(B) In-kind consideration.--
``(i) In general.--Any substitute or replacement facilities
provided as in-kind consideration to replace existing
Commonwealth or County roadways under this subsection shall--
``(I) be conveyed in fee simple absolute with no
encumbrances or restrictions unless otherwise agreed by the
Commonwealth or the County;
``(II) comply with applicable Commonwealth or County road
right of way engineering standards and requirements; and
``(III) with respect to any substitute facility provided
for the realignment of Columbia Pike--
``(aa) include a right-of-way profile (including
constructed roadway, sidewalks, bicycle trails, multi-use
trails, buffers, etc.) of not less than 92 feet in width; and
``(bb) ensure that, if a vehicle or equipment tunnel under
Columbia Pike is determined by the Secretary to be necessary,
there is a depth of not less than 10 feet between the top of
the tunnel and the surface of the roadway.
``(ii) Difference in fair market value.--The Commonwealth
and the County shall be entitled to monetary compensation in
an amount equal to the difference in the fair market value of
any property acquired under this subsection and any property
provided as in-kind consideration under this subparagraph for
such acquired property, which shall be appraised--
``(I) as if such properties were to be made available as
surplus; and
``(II) as determined by an independent appraisal process in
accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.).'';
(2) in subsection (c), by striking ``appraisals acceptable
to the Secretary'' and inserting ``an independent appraisal
process in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.)''; and
(3) in subsection (d), by striking ``, in consultation with
the Commonwealth and the County where practicable'' and
inserting ``the Commonwealth, and the County''.
SEC. 2814. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``White
Sands National Park Proposed Boundary Revision & Transfer of
Lands Between National Park Service & Department of the
Army'', numbered 142/136,271, and dated February 14, 2017.
(2) Military munitions.--The term ``military munitions''
has the meaning given the term in section 101(e) of title 10,
United States Code.
(3) Missile range.--The term ``missile range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(4) Monument.--The term ``Monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (54 U.S.C. 320301 note), dated January
18, 1933, and administered by the Secretary.
(5) Munitions debris.--The term ``munitions debris'' has
the meaning given the term in volume 8 of the Department of
Defense Manual Number 6055.09-M entitled ``DoD Ammunitions
and Explosives Safety Standards'' and dated February 29, 2008
(as in effect on the date of enactment of this Act).
(6) Park.--The term ``Park'' means the White Sands National
Park established by subsection (b)(2)(A).
(7) Public land order.--The term ``Public Land Order''
means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means the State of New
Mexico.
(b) White Sands National Park.--
(1) Findings.--Congress finds that--
(A) White Sands National Monument was established on
January 18, 1933, by President Herbert Hoover under chapter
3203 of title 54, United States Code (commonly known as the
``Antiquities Act of 1906'');
(B) President Hoover proclaimed that the Monument was
established ``for the preservation of the white sands and
additional features of scenic, scientific, and educational
interest'';
(C) the Monument was expanded by Presidents Roosevelt,
Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978,
and 1996, respectively;
(D) the Monument contains a substantially more diverse set
of nationally significant historical, archaeological,
scientific, and natural resources than were known of at the
time the Monument was established, including a number of
recent discoveries;
(E) the Monument is recognized as a major unit of the
National Park System with extraordinary values enjoyed by
more visitors each year since 1995 than any other unit in the
State;
(F) the Monument contributes significantly to the local
economy by attracting tourists; and
(G) designation of the Monument as a national park would
increase public recognition of the diverse array of
nationally significant resources at the Monument and
visitation to the unit.
(2) Establishment of white sands national park.--
(A) Establishment.--To protect, preserve, and restore its
scenic, scientific, educational, natural, geological,
historical, cultural, archaeological, paleontological,
hydrological, fish, wildlife, and recreational values and to
enhance visitor experiences, there is established in the
State the White Sands National Park as a unit of the National
Park System.
(B) Abolishment of white sands national monument.--
(i) Abolishment.--Due to the establishment of the Park, the
Monument is abolished.
(ii) Incorporation.--The land and interests in land that
comprise the Monument are incorporated in, and shall be
considered to be part of, the Park.
(C) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``White Sands National Monument'' shall be considered to be a
reference to the ``White Sands National Park''.
(D) Availability of funds.--Any funds available for the
Monument shall be available for the Park.
(E) Administration.--The Secretary shall administer the
Park in accordance with--
(i) this subsection; and
(ii) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
(F) World heritage list nomination.--
(i) County concurrence.--The Secretary shall not submit a
nomination for the Park to be included on the World Heritage
List of the United Nations Educational, Scientific and
Cultural Organization unless each county in which the Park is
located concurs in the nomination.
(ii) Army notification.--Before submitting a nomination for
the Park to be included on the World Heritage List of the
United Nations Educational, Scientific and Cultural
Organization, the Secretary shall notify the Secretary of the
Army of the intent of the Secretary to nominate the Park.
(G) Effect.--Nothing in this paragraph affects--
(i) valid existing rights (including water rights);
(ii) permits or contracts issued by the Monument;
(iii) existing agreements, including agreements with the
Department of Defense;
(iv) the jurisdiction of the Department of Defense
regarding the restricted airspace above the Park; or
(v) the airshed classification of the Park under the Clean
Air Act (42 U.S.C. 7401 et seq.).
(c) Modification of Boundaries of White Sands National Park
and White Sands Missile Range.--
(1) Transfers of administrative jurisdiction.--
(A) Transfer of administrative jurisdiction to the
secretary.--
(i) In general.--Administrative jurisdiction over the land
described in clause (ii) is transferred from the Secretary of
the Army to the Secretary.
(ii) Description of land.--The land referred to in clause
(i) is--
(I) the approximately 2,826 acres of land identified as
``To NPS, lands inside current boundary'' on the Map; and
(II) the approximately 5,766 acres of land identified as
``To NPS, new additions'' on the Map.
(B) Transfer of administrative jurisdiction to the
secretary of the army.--
(i) In general.--Administrative jurisdiction over the land
described in clause (ii) is transferred from the Secretary to
the Secretary of the Army.
(ii) Description of land.--The land referred to in clause
(i) is the approximately 3,737 acres of land identified as
``To DOA'' on the Map.
[[Page S3953]]
(2) Boundary modifications.--
(A) Park.--
(i) In general.--The boundary of the Park is revised to
reflect the boundary depicted on the Map.
(ii) Map.--
(I) In general.--The Secretary, in coordination with the
Secretary of the Army, shall prepare and keep on file for
public inspection in the appropriate office of the Secretary
a map and a legal description of the revised boundary of the
Park.
(II) Effect.--The map and legal description under subclause
(I) shall have the same force and effect as if included in
this section, except that the Secretary may correct clerical
and typographical errors in the map and legal description.
(iii) Boundary survey.--As soon as practicable after the
date of the establishment of the Park and subject to the
availability of funds, the Secretary shall complete an
official boundary survey of the Park.
(B) Missile range.--
(i) In general.--The boundary of the missile range and the
Public Land Order are modified to exclude the land
transferred to the Secretary under paragraph (1)(A) and to
include the land transferred to the Secretary of the Army
under paragraph (1)(B).
(ii) Map.--The Secretary shall prepare a map and legal
description depicting the revised boundary of the missile
range.
(C) Conforming amendment.--Section 2854 of Public Law 104-
201 (54 U.S.C. 320301 note) is repealed.
(3) Administration.--
(A) Park.--The Secretary shall administer the land
transferred under paragraph (1)(A) in accordance with laws
(including regulations) applicable to the Park.
(B) Missile range.--Subject to subparagraph (C), the
Secretary of the Army shall administer the land transferred
to the Secretary of the Army under paragraph (1)(B) as part
of the missile range.
(C) Infrastructure; resource management.--
(i) Range road 7.--
(I) Infrastructure management.--To the maximum extent
practicable, in planning, constructing, and managing
infrastructure on the land described in subclause (III), the
Secretary of the Army shall apply low-impact development
techniques and strategies to prevent impacts within the
missile range and the Park from stormwater runoff from the
land described in that subclause.
(II) Resource management.--The Secretary of the Army
shall--
(aa) manage the land described in subclause (III) in a
manner consistent with the protection of natural and cultural
resources within the missile range and the Park and in
accordance with section 101(a)(1)(B) of the Sikes Act (16
U.S.C. 670a(a)(1)(B)), division A of subtitle III of title
54, United States Code, and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(bb) include the land described in subclause (III) in the
integrated natural and cultural resource management plan for
the missile range.
(III) Description of land.--The land referred to in
subclauses (I) and (II) is the land that is transferred to
the administrative jurisdiction of the Secretary of the Army
under paragraph (1)(B) and located in the area east of Range
Road 7 in--
(aa) T. 17 S., R. 5 E., sec. 31;
(bb) T. 18 S., R. 5 E.; and
(cc) T. 19 S., R. 5 E., sec. 5.
(ii) Fence.--
(I) In general.--The Secretary of the Army shall continue
to allow the Secretary to maintain the fence shown on the Map
until such time as the Secretary determines that the fence is
unnecessary for the management of the Park.
(II) Removal.--If the Secretary determines that the fence
is unnecessary for the management of the Park under subclause
(I), the Secretary shall promptly remove the fence at the
expense of the Department of the Interior.
(D) Research.--The Secretary of the Army and the Secretary
may enter into an agreement to allow the Secretary to conduct
certain research in the area identified as ``Cooperative Use
Research Area'' on the Map.
(E) Military munitions and munitions debris.--
(i) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain responsible
for any response action addressing military munitions or
munitions debris on the land transferred under paragraph
(1)(A) to the same extent as on the day before the date of
enactment of this Act.
(ii) Investigation of military munitions and munitions
debris.--
(I) In general.--The Secretary may request that the
Secretary of the Army conduct 1 or more investigations of
military munitions or munitions debris on any land
transferred under paragraph (1)(A).
(II) Access.--The Secretary shall give access to the
Secretary of the Army to the land covered by a request under
subclause (I) for the purposes of conducting the 1 or more
investigations under that subclause.
(III) Limitation.--An investigation conducted under this
clause shall be subject to available appropriations.
(iii) Applicable law.--Any activities undertaken under this
subparagraph shall be carried out in accordance with--
(I) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(II) the purposes for which the Park was established; and
(III) any other applicable law.
Subtitle C--Other Matters
SEC. 2821. EQUAL TREATMENT OF INSURED DEPOSITORY INSTITUTIONS
AND CREDIT UNIONS OPERATING ON MILITARY
INSTALLATIONS.
Section 2667 of title 10, United States Code, is amended by
adding at the end the following:
``(l) Treatment of Insured Depository Institutions.--(1)
Each covered insured depository institution operating on a
military installation within the continental United States
may be allotted space or leased land on the military
installation without charge for rent or services in the same
manner as a credit union organized under State law or a
Federal credit union under section 124 of the Federal Credit
Union Act (12 U.S.C. 1770) if space is available.
``(2) Each covered insured depository institution, credit
union organized under State law, and Federal credit union
operating on a military installation within the continental
United States shall be treated equally with respect to
policies of the Department of Defense governing the financial
terms of leases, logistical support, services, and utilities.
``(3) The Secretary concerned shall not be required to
provide no-cost office space or a no-cost land lease to any
covered insured depository institution, credit union
organized under State law, or Federal credit union.
``(4) In this subsection:
``(A) The term `covered insured depository institution'
means an insured depository institution that meets the
requirements applicable to a credit union organized under
State law or a Federal credit union under section 124 of the
Federal Credit Union Act (12 U.S.C. 1770). The depositors of
an insured depository institution shall be considered members
for purposes of the application of this subparagraph to that
section.
``(B) The term `Federal credit union' has the meaning given
the term in section 101 of the Federal Credit Union Act (12
U.S.C. 1752).
``(C) The term `insured depository institution' has the
meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813).''.
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.
(a) Expansion.--Section 2804 of the Military Construction
Authorization Act for Fiscal Year 2016 (10 U.S.C. 2350j note)
is amended--
(1) in subsection (a)--
(A) by striking ``government of Kuwait'' and inserting
``Government of Kuwait and the Government of the Republic of
Korea''; and
(B) by striking ``Kuwait military forces'' and inserting
``the military forces of the applicable contributing
country'';
(2) in subsection (b), by inserting ``for contributions
from the contributing country'' after ``Secretary of
Defense'';
(3) in subsection (c), by striking ``government of Kuwait''
and inserting ``government of the contributing country''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``government of Kuwait''
and inserting ``government of the contributing country''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``Kuwait military
forces'' and inserting ``military forces of the contributing
country''; and
(ii) in subparagraph (C), by striking ``Kuwait military
forces'' and inserting ``the military forces of the
contributing country''.
(b) Conforming Amendment.--The heading of such section is
amended to read as follows:
``SEC. 2804. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
CONTRIBUTIONS FOR CERTAIN CONSTRUCTION,
MAINTENANCE, AND REPAIR PROJECTS MUTUALLY
BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND THE
MILITARY FORCES OF KUWAIT AND THE REPUBLIC OF
KOREA.''.
SEC. 2823. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD
BASE.
(a) Designation.--The Sumpter Smith Air National Guard Base
in Birmingham, Alabama, shall after the date of the enactment
of this Act be known and designated as the ``Sumpter Smith
Joint National Guard Base''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
installation referred to in subsection (a) shall be
considered to be a reference to the Sumpter Smith Joint
National Guard Base.
SEC. 2824. PROHIBITION ON USE OF FUNDS TO PRIVATIZE TEMPORARY
LODGING ON INSTALLATIONS OF DEPARTMENT OF
DEFENSE.
No funds may be authorized to be appropriated to the
Department of Defense for fiscal year 2020 to privatize
temporary lodging on installations of the Department.
SEC. 2825. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND
RUNWAYS UNDER THE JURISDICTION OF THE
SECRETARIES OF THE MILITARY DEPARTMENTS.
(a) Pilot Program Authorized.--Each Secretary of a military
department may carry out a pilot program to design, build,
and test technologies and innovative pavement materials in
order to extend the service life of roads and runways under
the jurisdiction of the Secretary concerned.
[[Page S3954]]
(b) Scope.--A pilot program under subsection (a) shall
include the following:
(1) The design, testing, and assembly of technologies and
systems suitable for pavement applications.
(2) Research, development, and testing of new pavement
materials for use in different geographic areas in the United
States.
(3) The design and procurement of platforms and equipment
to test the performance, cost, feasibility, and effectiveness
of the technologies, systems, and materials described in
paragraphs (1) and (2).
(c) Award of Contracts or Grants.--
(1) In general.--Each Secretary of a military department
may carry out a pilot program under subsection (a) through
the award of contracts or grants for the designing, building,
or testing of technologies or innovative pavement materials
under the pilot program.
(2) Merit-based selection.--Any award of a contract or
grant under a pilot program under subsection (a) shall be
made using merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of a pilot program under subsection (a), the
Secretary of the military department concerned shall submit
to the congressional defense committees a report on the pilot
program.
(2) Contents.--Each report under paragraph (1) with respect
to a pilot program shall include the following:
(A) An assessment of the effectiveness of activities under
the pilot program in improving the service life of roads and
runways under the jurisdiction of the Secretary concerned.
(B) An analysis of the potential lifetime cost savings and
reduction in energy demands associated with the extended
service life of such roads and runways.
(e) Termination of Authority.--Each pilot program under
subsection (a) shall terminate on September 30, 2024.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 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
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba.......................................... Guantanamo Bay................................. $33,800,000
Worldwide Unspecified......................... Unspecified Worldwide Locations................ $42,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 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
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Spain......................................... Rota........................................... $69,570,000
----------------------------------------------------------------------------------------------------------------
SEC. 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
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland....................................... Keflavik....................................... $57,000,000
Spain......................................... Moron.......................................... $8,500,000
Worldwide Unspecified......................... Unspecified Worldwide Locations................ $175,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 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
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany....................................... Gemersheim..................................... $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. DISASTER RECOVERY PROJECTS.
(a) Navy.--The Secretary of the Navy may acquire real
property and carry out military construction projects inside
the United States relating to disaster recovery for the
locations, and in the amounts, set forth in the following
table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................ Camp Lejeune................................... $861,587,000
Marine Corps Air Station Cherry Point.......... $64,561,000
Unspecified................................... Zulu........................................... $50,000,000
----------------------------------------------------------------------------------------------------------------
[[Page S3955]]
(b) Air Force.--The Secretary of the Air Force may acquire
real property and carry out military construction projects
inside the United States relating to disaster recovery for
the locations, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Tyndall Air Force Base......................... $1,278,700,000
Unspecified................................... Zulu........................................... $247,000,000
----------------------------------------------------------------------------------------------------------------
(c) Army National Guard.--The Secretary of the Army may
acquire real property and carry out military construction
projects inside the United States relating to disaster
recovery for the locations, and in the amounts, set forth in
the following table:
Army National Guard: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Panama City.................................... $25,000,000
North Carolina................................ MTA Fort Fisher................................ $25,000,000
----------------------------------------------------------------------------------------------------------------
(d) Defense-wide.--The Secretary of Defense may acquire
real property and carry out military construction projects
inside the United States relating to disaster recovery for
the locations, and in the amounts, set forth in the following
table:
Defense-wide: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
North Carolina................................ Camp Lejeune--Defense Health Agency............ $45,313,000
Camp Lejeune--SOCOM............................ $30,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2906. REPLENISHMENT OF CERTAIN MILITARY CONSTRUCTIONS
FUNDS.
(a) In General.--Of the amount authorized to be
appropriated for fiscal year 2020 by section 2905 and
available as specified in the funding table in section 4602,
$3,600,000,000 shall be available for replenishment of funds
that were authorized to be appropriated by military
construction authorization Acts for fiscal years before
fiscal year 2020 for military construction projects
authorized by such Acts, but were used instead for military
construction projects authorized by section 2808 of title 10,
United States Code, in connection with the national emergency
along the southern land border of the United States declared
in 2019 pursuant to the National Emergencies Act (50 U.S.C.
1601 et seq.).
(b) Replenishment by Transfer.--
(1) In general.--Any amounts available under subsection (a)
that are used for replenishment of funds as described in that
subsection shall be transferred to the account that was the
source of such funds.
(2) Inapplicability toward transfer limitations.--Any
transfer of amounts under this subsection shall not count
toward any limitation on transfer of Department of Defense
funds in section 1001 or 1512 or any other limitation on
transfer of Department of funds in law.
(3) Sunset of authority.--The authority to make transfers
under this subsection shall terminate on September 30, 2020.
(c) Use of Funds.--
(1) In general.--Amounts transferred under subsection (b)
for replenishment of funds as described in subsection (a) may
be used only for military construction projects for which
such funds were originally authorized in a military
construction authorization Act described in subsection (a).
(2) No increase in authorized amount of projects.--The
total amount of funds available for a military construction
project described in paragraph (1) may not exceed the current
amount authorized for such project by applicable military
construction authorization Acts (including this Act). A
replenishment of funds under this section for a military
construction project shall not operate to increase the
authorized amount of the project or the amount authorized to
be available for the project.
SEC. 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.
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
SEC. 3001. DEFINITIONS.
(a) In General.--In this title:
(1) Landlord.--The term ``landlord'' has the meaning given
that term in section 2871 of title 10, United States Code, as
amended by subsection (b).
(2) Privatized military housing.--The term ``privatized
military housing'' means housing provided under subchapter IV
of chapter 169 of title 10, United States Code.
(b) Title 10.--Section 2871 of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (11), respectively;
(2) by inserting after paragraph (6) the following new
paragraphs:
``(7) The term `incentive fees' means any amounts payable
to a landlord for meeting or exceeding performance metrics as
specified in a contract with the Department of Defense.
``(8) The term `landlord' means an eligible entity or
lessor who owns, manages, or is otherwise responsible for a
housing unit under this subchapter.''; and
(3) by inserting after paragraph (9), as redesignated by
paragraph (1) of this subsection, the following new
paragraph:
``(10) The term `tenant' means a member of the armed
forces, including a reserve component thereof, or a family
member of a member of the armed forces who resides at a
housing unit under this subchapter.''.
Subtitle A--Accountability and Oversight
SEC. 3011. TENANT BILL OF RIGHTS FOR PRIVATIZED MILITARY
HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2887. Tenant Bill of Rights
``(a) In General.--(1) The Secretary of Defense, in
coordination with the Secretary of each military department,
shall develop a document known as the `Tenant Bill of Rights'
for tenants of housing units under this subchapter.
``(2) At a minimum, the document developed under paragraph
(1) shall contain the right of each tenant as follows:
``(A) To reside in a home and community that meets health
and environmental standards established by the Secretary of
Defense.
``(B) To reside in a home that has working fixtures,
appliances, and utilities and reside in a community with
well-maintained common areas and amenity spaces.
``(C) To report inadequate housing standards or deficits in
habitability to the landlord, chain of command, and housing
management office without fear of reprisal.
``(D) With respect to the housing management office of the
installation of the Department at which the housing unit is
located--
``(i) to use such office as an advocate relating to such
housing unit; and
``(ii) to receive advice and support from such office
relating to such housing unit.
``(E) To receive property management services provided by a
landlord that meet or exceed industry standards and that are
performed by professionally trained, responsive, and
courteous customer service and maintenance staff.
``(F) To have multiple, convenient methods to communicate
directly with the landlord and maintenance staff, and to
receive honest, straightforward, and responsive
communications at all times.
``(G) With respect to repairs--
``(i) to prompt and professional repairs;
[[Page S3956]]
``(ii) to be informed of the required time frame for those
repairs when a maintenance request is submitted; and
``(iii) to prompt relocation into suitable lodging or other
housing at no cost to the tenant until the repairs are
completed or relocation to an alternative residence on the
installation or within the surrounding local community at no
cost to the tenant.
``(H) To enter into a dispute resolution process under
section 2891 of this title concerning disputes over repairs,
damage claims, and rental payments to be resolved by a
neutral decision maker, with any decision in favor of the
tenant to include a reduction in rent owed to the landlord to
be paid or credited to the tenant.
``(I) To withhold basic allowance for housing (including
for any dependents of the tenant in the tenant's household)
under section 403 of title 37, or any pay of the tenant
subject to allotment described in section 2882(c) of this
title, if the tenant is engaged in a dispute under
subparagraph (H) until a decision in the matter is made.
``(J) To be fully briefed by the landlord on all rights and
responsibilities associated with tenancy prior to signing a
lease and receive a 30-day followup to review these
responsibilities.
``(K) To have sufficient time and opportunity to prepare
and be present for move-in and move-out inspections,
including an opportunity to obtain necessary paperwork.
``(L) To have reasonable, advance notice of any entrance by
a landlord into the housing unit, except in the case of an
emergency.
``(M) To have clearly defined rental terms in the lease
agreement.
``(N) To not pay non-refundable fees or have application of
rent credits arbitrarily held.
``(O) To have universal procedures for housing under this
subchapter that are the same for all installations of the
Department.
``(P) To file claims against a landlord.
``(3) The document developed under paragraph (1) shall
contain the responsibilities of each tenant as follows:
``(A) To report maintenance or quality of life issues to
the landlord in a timely manner.
``(B) To maintain standard upkeep of the housing unit as
recommended by the housing management office.
``(b) Distribution.--The Secretary shall ensure that the
Tenant Bill of Rights under this section is attached to each
lease agreement for housing under this subchapter.
``(c) Report and Publication.--(1) Beginning in fiscal year
2021, and biennially thereafter, the Secretary of Defense, in
coordination with the Secretary of each military department,
shall submit to the congressional defense committees, as part
of the annual budget submission of the President for that
year under section 1105(a) of title 31, United States Code,
the Tenant Bill of Rights under this section.
``(2) Upon submitting the Tenant Bill of Rights to the
congressional defense committees under paragraph (1), the
Secretary of Defense shall publish the Tenant Bill of Rights
on a publicly available Internet website of the Department of
Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2886 the following new item:
``2887. Tenant Bill of Rights.''.
(c) Military Department Plans.--Not later than February 1,
2020, the Secretary of each military department shall submit
to the congressional defense committees a plan for the
implementation by that military department of section 2887 of
title 10, United States Code, as added by subsection (a).
SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2872a the following new section:
``Sec. 2872b. Chief Housing Officer
``(a) In General.--(1) The Secretary of Defense shall
designate, from among officials of the Department of Defense
who are appointed by the President with the advice and
consent of the Senate, a Chief Housing Officer who shall
oversee housing provided under this subchapter.
``(2) The official designated under paragraph (1) may have
duties in addition to the duties of the Chief Housing Officer
under this section.
``(b) Duties.--The Chief Housing Officer shall oversee all
aspects of the provision of housing under this subchapter,
including by carrying out the following:
``(1) Creation and standardization of policies and
processes.
``(2) Oversight of the administration of lease agreements
by the Secretary of each military department.
``(3) Audits of the provision of housing under this
subchapter, including audits of lease agreements and other
contracts, maintenance work orders, and incentive fee
payments and general audits in the conduct of oversight.
``(c) Office and Staff.--(1) The Chief Housing Officer
shall establish and maintain an office staffed by military
personnel and employees of the Department of Defense whose
skills and capabilities will assist the Chief Housing Officer
in the exercise of the duties of the Chief Housing Officer
under subsection (b). Such office shall be known as the
`Office of the Chief Housing Officer'.
``(2) Personnel and employees staffed under paragraph (1)
shall include legal counsel, engineers, and auditors.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2872a the following new item:
``2872b. Chief Housing Officer.''.
(c) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on--
(1) the designation of a Chief Housing Officer under
section 2872b of title 10, United States Code, as added by
subsection (a); and
(2) the organizational structure, funding, human resources,
and other relevant requirements of the Office of the Chief
Housing Officer under such section.
SEC. 3013. COMMAND OVERSIGHT OF MILITARY PRIVATIZED HOUSING
AS ELEMENT OF PERFORMANCE EVALUATIONS.
(a) Evaluations in General.--Each Secretary of a military
department shall ensure that the performance evaluations of
any individual described in subsection (b) under the
jurisdiction of such Secretary indicates the extent to which
such individual has or has not exercised effective oversight
and leadership in the following:
(1) Improving conditions of privatized housing under the
military privatized housing initiative under subchapter IV of
chapter 169, United States Code.
(2) Addressing concerns with respect to such housing of
members of the Armed Forces and their families who reside in
such housing on an installation of the military department
concerned.
(b) Covered Individuals.--The individuals described in this
subsection are as follows:
(1) The commander of an installation of a military
department at which on-installation housing is managed by a
landlord under the military privatized housing initiative
referred to in subsection (a)(1).
(2) Each officer or senior enlisted member of the Armed
Forces at an installation described in paragraph (1) whose
duties include facilities or housing management at such
installation.
(3) Any other officer or enlisted member of the Armed
Forces (whether or not at an installation described in
paragraph (1)) as specified by the Secretary of the military
department concerned for purposes of this section.
SEC. 3014. CONSIDERATION OF HISTORY OF LANDLORD IN CONTRACT
RENEWAL PROCESS FOR PRIVATIZED MILITARY
HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2874 the following new section:
``Sec. 2874a. Consideration of history of landlord in
contract renewal process
``(a) In General.--In deciding whether to enter into or
renew a contract with a landlord under this subchapter, the
Secretary of Defense shall develop a standard process for
determining past performance for purposes of informing future
decisions regarding the award of such a contract.
``(b) Elements of Process.--The process developed under
subsection (a) shall include, at a minimum, consideration of
the following:
``(1) Any history of the landlord of providing substandard
housing.
``(2) The recommendation of the commander of the
installation at which the housing is to be located under the
contract.
``(3) The recommendation of the commander of any
installation at which the landlord has provided housing under
this subchapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2874 the following new item:
``2874a. Consideration of history of landlord in contract renewal
process.''.
SEC. 3015. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2874a the following new section:
``Sec. 2874b. Treatment of breach of contract
``Notwithstanding any other provision of law, the Secretary
of Defense--
``(1) shall withhold amounts to be paid under a contract
under this subchapter if the other party to the contract is
found to have engaged in a material breach of the contract;
``(2) shall rescind a contract under this subchapter if the
other party to the contract, based on credible evidence,
fails to cure such breach within 90 days; and
``(3) shall not permit the other party to a contract
rescinded under paragraph (2) to enter into new contracts
with the Secretary under this subchapter or undertake
expansions under existing contracts with the Secretary under
this subchapter.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2874a the following new item:
``2874b. Treatment of breach of contract.''.
SEC. 3016. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED
MILITARY HOUSING AND PLAN TO CONDUCT
INSPECTIONS AND ASSESSMENTS.
(a) Uniform Code.--The Secretary of Defense shall establish
a uniform code of basic housing standards for safety,
comfort, and habitability for privatized military housing.
(b) Plan.--
[[Page S3957]]
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a plan of the Department of Defense to
contract with home inspectors described in subsection (c) to
conduct a thorough inspection and assessment of the
structural integrity and habitability of each privatized
military housing unit.
(2) Inclusion of uniform code.--The plan submitted under
paragraph (1) shall include the uniform code established
under subsection (a).
(3) Implementation.--
(A) In general.--Not later than February 1, 2021, the
Secretary of each military department shall conduct
inspections and assessments of privatized military housing
units under the jurisdiction of the Secretary concerned
pursuant to the plan submitted under paragraph (1) to
identify issues and ensure compliance with applicable housing
codes, including the uniform code established under
subsection (a).
(B) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees
a report on the findings of the inspections and assessments
conducted under subparagraph (A).
(c) Home Inspectors Described.--A home inspector described
in this subsection is a home inspector that is not affiliated
with--
(1) the Federal Government; or
(2) an individual or entity who owns or manages a
privatized military housing unit.
SEC. 3017. REPEAL OF SUPPLEMENTAL PAYMENTS TO LESSORS AND
REQUIREMENT FOR USE OF FUNDS IN CONNECTION WITH
THE MILITARY HOUSING PRIVATIZATION INITIATIVE.
(a) Repeal.--
(1) In general.--Section 606 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1795; 10 U.S.C. 2871 note) is amended by
striking subsection (a).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act,
and shall apply with respect to months beginning on or after
that date.
(b) Use of Funds in Connection With MHPI.--
(1) In general.--Each month beginning with the first month
after the date of the enactment of this Act, each Secretary
of a military department shall do the following:
(A) Payments to lessors.--Use funds, in an amount
calculated pursuant to paragraph (2)(A), for payments to
lessors of covered housing in the manner provided by
subsection (a) of section 606 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019, as in effect
on the day before the date of the enactment of this Act.
(B) Improvement of oversight and management of
agreements.--Use funds, in an amount calculated pursuant to
paragraph (2)(B), for improvements of the oversight and
management of agreements for MHPI housing under the
jurisdiction of such Secretary.
(2) Monthly amounts.--
(A) For payments to lessors.--The amount calculated for a
military department for a month pursuant to this subparagraph
is 2 percent of the aggregate of the amounts calculated under
section 403(b)(3)(A)(i) of title 37, United States Code, for
covered housing under the jurisdiction of such department for
such month.
(B) For improvement of oversight and management of
agreements.--The amount calculated for a military department
for a month pursuant to this subparagraph is 3 percent of the
aggregate of the amounts calculated under section
403(b)(3)(A)(i) of title 37, United States Code, for covered
housing under the jurisdiction of such department for such
month.
(3) Improvements.--Improvements under paragraph (1)(B) to
the oversight and management of agreements described in that
paragraph may include the following:
(A) Assignment of additional civilian personnel to perform
oversight and management functions with respect to such
agreements.
(B) Investment in technological mechanisms to assist the
military department concerned in overseeing the maintenance
and upkeep of MHPI housing.
(C) Such additional investment in the oversight and
management of such agreements, and in overseeing the
maintenance and upkeep of MHPI housing, as the Secretary of
the military department concerned considers appropriate.
(4) Additional payments to lessors.--In any month described
in paragraph (1), the Secretary of a military department may
use amounts, in addition to amounts calculated pursuant to
paragraph (2)(A), for payments to lessors as described in
paragraph (1)(A) if such Secretary provides advance notice of
such payments to the Committees on Armed Services of the
Senate and the House of Representatives.
(5) Definitions.--In this subsection, the terms ``covered
housing'' and ``MHPI housing'' have the meanings given such
terms in section 606(d) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019.
SEC. 3018. STANDARD FOR COMMON CREDENTIALS FOR HEALTH AND
ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY
HOUSING.
(a) In General.--Not later than February 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report that contains a standard for
common credentials to be used throughout the Department of
Defense for all inspectors of health and environmental
hazards at privatized military housing units, including
inspectors contracted by the Department.
(b) Inclusion of Categories for Specific Environmental
Hazards.--The standard submitted under subsection (a) shall
include categories for specific environmental hazards such as
lead, mold, and radon.
SEC. 3019. IMPROVEMENT OF PRIVATIZED MILITARY HOUSING.
(a) Complaint Database and Financial Transparency.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 2888. Complaint database
``(a) Database Required.--The Secretary of Defense shall
establish a database that is available to the public of
complaints relating to housing units under this subchapter.
``(b) Filing of Complaints.--The Secretary shall ensure
that a tenant of a housing unit under this subchapter may
file a complaint relating to such housing unit for inclusion
in the database under subsection (a).
``(c) Response by Landlord.--(1) The Secretary shall
include in any contract with a landlord responsible for a
housing unit under this subchapter a requirement that the
landlord respond to any complaints included in the database
under subsection (a) that relate to the housing unit.
``(2) Any response under paragraph (1) shall be included in
the database under subsection (a).
``Sec. 2889. Financial transparency
``(a) Publication of Details of Contracts.--(1) Not less
frequently than annually, the Secretary Defense shall publish
in the Federal Register the financial details of each
contract for the management of housing units under this
subchapter.
``(2) The financial details published under paragraph (1)
shall include the following:
``(A) Base management fees for managing the housing units.
``(B) Incentive fees relating to the housing units,
including details on the following:
``(i) Metrics upon which such incentive fees are paid.
``(ii) Whether incentive fees were paid in full or withheld
in part or in full during the year covered by the
publication, and if so, why.
``(C) Asset management fees relating to the housing units.
``(D) Preferred return fees relating to the housing units.
``(E) Any deferred fees or other fees relating to the
housing units.
``(F) Residual cash flow distributions relating to the
housing units.
``(b) Annual Financial Statements.--(1) The Secretary of
Defense shall require that each landlord submit to the
Secretary, not less frequently than annually, financial
statements equivalent to a 10-K (or successor form) for--
``(A) the landlord; and
``(B) each contract entered into between the landlord and
the Department of Defense under this subchapter.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2887 the following new items:
``2888. Complaint database.
``2889. Financial transparency.''.
(b) Annual Reports on Privatized Military Housing and
Denied Requests to Withhold Payments.--Section 2884 of title
10, United States Code, is amended by adding at the end the
following new subsections:
``(d) Annual Report on Housing.--(1) Not less frequently
than annually, the Secretary of Defense shall submit to the
congressional defense committees and publish on a publicly
available website of the Department of Defense a report on
housing units under this subchapter, disaggregated by
military installation.
``(2) Each report submitted under paragraph (1) shall
include the following:
``(A) An assessment of the condition of housing units under
this subchapter based on the average age of those units and
the estimated time until recapitalization.
``(B) An analysis of complaints of tenants of such housing
units.
``(C) An assessment of maintenance response times and
completion of maintenance requests relating to such housing
units.
``(D) An assessment of dispute resolution relating to such
housing units.
``(E) An assessment of overall customer service for tenants
of such housing units.
``(F) A description of the results of any no-notice housing
inspections conducted for such housing units.
``(G) The results of any resident surveys conducted with
respect to such housing units.
``(e) Report on Denied Requests to Withhold Payments.--Not
less frequently than annually, the commander of each military
installation shall submit to the congressional defense
committees a report on all requests that were made by members
of the armed forces who are tenants of housing units under
this subchapter to withhold from the landlord of such unit
any basic allowance for housing payable to the member
(including for any dependents of the member in the member's
household) under section 403 of title 37, or any other
allotment of pay under section 2882(c) of this title, and
that were denied during the year covered by the report.''.
[[Page S3958]]
SEC. 3020. ACCESS TO MAINTENANCE WORK ORDER SYSTEM OF
LANDLORDS OF PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2890. Access to maintenance work order system
``The Secretary of Defense shall require each landlord that
provides housing under this subchapter at an installation of
the Department of Defense to provide access to the
maintenance work order system of such landlord with respect
to such housing to the following:
``(1) Personnel of the housing management office at such
installation.
``(2) Personnel of the installation and engineer command or
center of the military department concerned.
``(3) Such other personnel of the Department of Defense as
the Secretary determines necessary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2889 the following new item:
``2890. Access to maintenance work order system.''.
SEC. 3021. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING
TO WORK ORDER SYSTEM OF LANDLORD.
The Secretary of Defense shall require that each landlord
for a privatized military housing unit--
(1) have an electronic work order system for all work
orders for maintenance requests relating to such unit; and
(2) provide to a tenant of such unit access to such system
to, at a minimum, track the status and progress of work
orders for maintenance requests relating to such unit.
Subtitle B--Prioritizing Families
SEC. 3031. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT
DISPUTES REGARDING PRIVATIZED MILITARY HOUSING
AND REQUESTS TO WITHHOLD PAYMENTS.
(a) Dispute Resolution and Request to Withhold Payment.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 2891. Landlord-tenant dispute resolution process
``(a) In General.--The Secretary of Defense shall implement
a standardized formal dispute resolution process on each
military installation with housing units under this
subchapter to ensure the prompt and fair resolution of
landlord-tenant disputes concerning maintenance and repairs,
damage claims, rental payments, move-out charges, and such
other issues relating to such housing units as the Secretary
determines appropriate.
``(b) Dispute Submittal.--(1) Each landlord shall establish
a process through which a tenant of a housing unit under this
subchapter may submit a dispute directly to the landlord
through an online or other form.
``(2) Not later than 24 hours after receiving a dispute
submittal from a tenant under paragraph (1), the landlord
shall--
``(A) notify the tenant that the submittal has been
received; and
``(B) transmit a copy of such submittal to the housing
management office of the installation in which the housing
unit is located.
``(3)(A) Not later than seven days after receiving a
dispute submittal from a tenant under paragraph (1), the
landlord shall--
``(i) submit to the tenant a decision regarding the
dispute; and
``(ii) transmit a copy of such decision to the housing
management office.
``(B)(i) For purposes of conducting an assessment necessary
to make a decision under subparagraph (A) with respect to a
housing unit, the landlord may access the housing unit at a
time and for a duration mutually agreed upon by the landlord
and the tenant.
``(ii) The tenant may request that an employee of the
housing management office be present when the landlord
accesses the housing unit of the tenant under clause (i).
``(c) Appeals.--(1) Not later than 30 days after a tenant
receives a decision by a landlord under subsection (b)(3),
the tenant may appeal that decision for review under
subsection (d) by the commander of the military installation
at which the housing unit is located.
``(2) Any appeal submitted under paragraph (1) shall be
submitted--
``(A) on a standardized form; and
``(B) to an address designated by the commander for such
purpose.
``(3) The Secretary shall ensure that, in preparing an
appeal to the commander under this subsection, a tenant shall
have access to advice and assistance from a military housing
advocate employed by the military department concerned or a
military legal assistance attorney under section 1044 of this
title.
``(d) Review Process.--(1) The commander of each military
installation with housing units under this subchapter shall
establish a military privatized housing dispute resolution
appeals process--
``(A) to review and decide appeals by tenants under
subsection (c) relating to such housing units; and
``(B) to review and decide requests to withhold payments
under section 2891a of this title
``(2)(A) Before making any decision with respect to an
appeal or a request under the process established under
paragraph (1) with respect to a housing unit, the commander
shall certify that the commander has solicited
recommendations or information relating to such appeal or
request from the following:
``(i) The chief of the housing management office of the
installation.
``(ii) A representative of the landlord for the housing
unit.
``(iii) The tenant filing the appeal or request.
``(iv) A qualified judge advocate of the military
department concerned.
``(v) The civil engineer for the installation.
``(3)(A) The commander shall make a decision with respect
to an appeal or a request under the process established under
paragraph (1) not later than 30 days after the appeal or
request has been made.
``(B) A commander may take longer than the 30-day period
set forth under subparagraph (A) to make a decision described
in such subparagraph in limited circumstances as determined
by the Secretary of Defense, but in no case shall such a
decision be made more than 60 days after the appeal or
request has been made.
``(4) Decisions by a commander under this subsection shall
be final.
``(e) Rule of Construction on Use of Other Adjudicative
Bodies.--Nothing in this section or any other provision of
law shall be construed to prohibit a tenant of a housing unit
under this subchapter from pursuing a claim against a
landlord in any adjudicative body with jurisdiction over the
housing unit or the claim.
``Sec. 2891a. Request to withhold payments
``(a) In General.--A member of the armed forces or family
member of a member of the armed forces who is a tenant of a
housing unit under this subchapter may submit to the
commander of the installation of the Department of Defense at
which the member is stationed a request to withhold all or
part of any basic allowance for housing payable to the member
(including for any dependents of the member in the member's
household) under section 403 of title 37, or all or part of
any pay of a tenant subject to allotment as described in
section 2882(c) of this title, for lease of the unit during
the period in which--
``(1) the landlord responsible for such housing unit has
not met maintenance guidelines and procedures established by
the landlord or the Department of Defense, either through
contract or otherwise; or
``(2) such housing unit is uninhabitable according to State
and local law for the jurisdiction in which the housing unit
is located.
``(b) Procedures.--(1) Upon the filing of a request by a
tenant under subsection (a)--
``(A) under such procedures as the Secretary of Defense
shall establish, the Defense Finance and Accounting Service
(DFAS) or such other appropriate office or offices of the
Department of Defense as the Secretary shall specify for
purposes of such procedures, shall tentatively grant the
request and hold any amounts withheld in escrow with notice
to the landlord; and
``(B) the housing management office of the installation in
which the housing unit is located shall, not later than 15
days after the date on which the request was submitted to the
commander of the installation, complete an investigation that
includes an inspection conducted by housing inspectors that
are certified at the State and local level.
``(2) If the commander agrees with a request by a tenant
under subsection (a) with respect to a housing unit, the
housing management office shall notify the landlord
responsible for such unit of the issues described in
subsection (a) that require remediation in accordance with
the requirements of the Department of Defense or State or
local law.
``(c) Remediation.--In accordance with procedures
established under subsection (b)(1)(A) for the withholding of
any basic allowance for housing or other allotment pay under
this section, if the landlord responsible for the housing
unit does not remediate the issues described in subsection
(a) within a reasonable period of time established by the
commander of the installation for the remediation of the
issues, the amount payable to the landlord for such unit
shall be reduced by 10 percent for each period of five days
during which the issues are not remediated.
``(d) Disclosure of Rights.--(1) Each housing management
office of an installation of the Department of Defense shall
disclose in writing to each new tenant of a housing unit
under this subchapter, upon the signing of the lease for the
housing unit, their rights with respect to the housing unit
and the procedures under this section for submitting a
request to the landlord responsible for the housing unit.
``(2) The Secretary of Defense shall ensure that each lease
entered into with a tenant for a housing unit under this
subchapter clearly expresses in a separate addendum the
procedures under this section for submitting a request to the
landlord responsible for the housing unit.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new items:
``2891. Landlord-tenant dispute resolution process.
``2891a. Request to withhold payments.''.
(b) Modification of Definition of Military Legal
Assistance.--Section 1044(d)(3)(B) of such title is amended
by striking ``and 1565b(a)(1)(A)'' and inserting
``1565b(a)(1)(A), and 2891(c)(3)''.
[[Page S3959]]
(c) Timing of Establishment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall establish the dispute resolution process
required under section 2891 of title 10, United States Code,
as added by subsection (a).
(d) Agreement by Landlords.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall seek agreement from all landlords
to participate in the dispute resolution process required
under section 2891 of such title.
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary shall submit to the congressional defense
committees a list of all landlords who did not agree under
paragraph (1) to participate in the dispute resolution
process under section 2891 of such title.
(3) Consideration of lack of agreement in future
contracts.--The Secretary shall include any lack of agreement
under paragraph (1) as past performance considered under
section 2888 of such title with respect to entering into or
renewing any future contracts.
SEC. 3032. SUSPENSION OF RESIDENT ENERGY CONSERVATION
PROGRAM.
(a) In General.--The Secretary of Defense shall suspend the
initiative of the Department of Defense known as the
``Resident Energy Conservation Program'' and instruct the
Secretary of each military department to suspend any program
carried out by such Secretary that measures the energy usage
for each military housing unit on an installation of the
Department of Defense.
(b) Term of Suspension.--The suspension under subsection
(a) shall remain in effect until the Secretary of Defense
certifies to the congressional defense committees that--
(1) 100 percent of military housing on an installation of
the Department of Defense is individually metered; and
(2) energy audits conducted by an independent entity, or
entities, confirm that such housing is individually metered.
(c) Termination.--If the Secretary of Defense is unable to
make the certification under subsection (b), each program
described in subsection (a) shall be terminated on the date
that is two years after the date of the enactment this Act.
SEC. 3033. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE
INFORMATION FOR PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2892. Access by tenants to historical maintenance
information
``The Secretary shall require each landlord that provides
housing under this subchapter at an installation of the
Department of Defense to provide a prospective tenant of such
housing, before the tenant moves in, all information
regarding maintenance conducted with respect to that housing
unit for the previous 10 years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2891 the following new item:
``2892. Access by tenants to historical maintenance information.''.
SEC. 3034. PROHIBITION ON USE OF CALL CENTERS OUTSIDE THE
UNITED STATES FOR MAINTENANCE CALLS BY TENANTS
OF PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2886 the following new section:
``Sec. 2886a. Prohibiting use of call centers outside the
United States for tenant maintenance calls
``A landlord responsible for a housing unit under this
subchapter may not use a call center outside the United
States for any call from a tenant relating to maintenance
with respect to the housing unit.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2886 the following new item:
``2886a. Prohibiting use of call centers outside the United States for
tenant maintenance calls.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 3035. RADON TESTING FOR PRIVATIZED MILITARY HOUSING.
(a) Report.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report identifying the installations of the Department of
Defense that have privatized military housing that should be
monitored for radon.
(b) Initial Testing.--
(1) Procedures.--The Secretary shall establish testing
procedures for all privatized military housing at
installations identified under subsection (a), whether
through regular testing of such housing or the installation
of monitoring equipment, to ensure radon levels are below
recommended levels established by the Environmental
Protection Agency.
(2) Completion of testing.--Not later than June 1, 2020,
the Secretary shall complete testing described in paragraph
(1) for all privatized military housing identified under
subsection (a).
(c) Notification Regarding Mitigation Device.--In the event
that a privatized military housing unit is determined under
testing under subsection (b)(2) to need a radon mitigation
device, the Secretary shall notify the landlord of such unit
not later than seven days after such determination.
(d) Annual Testing.--Not less frequently than annually, the
Secretary of each military department shall certify to the
congressional defense committees that radon testing is being
conducted for privatized military housing at installations
identified under subsection (a) under the jurisdiction of the
Secretary concerned, whether through regular testing of such
housing or the installation of monitoring equipment.
SEC. 3036. EXPANSION OF WINDOWS COVERED BY REQUIREMENT TO USE
WINDOW FALL PREVENTION DEVICES IN PRIVATIZED
MILITARY HOUSING.
Section 2879(c) of title 10, United States Code, is amended
by striking ``24 inches'' and inserting ``42 inches''.
SEC. 3037. REQUIREMENTS RELATING TO MOVE OUT AND MAINTENANCE
WITH RESPECT TO PRIVATIZED MILITARY HOUSING.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of each military department, shall--
(1) develop a uniform move-out checklist for tenants of
privatized military housing throughout the Department of
Defense to assist the oversight of such housing by the
housing management office of the installation at which such
housing is located;
(2) develop a uniform checklist throughout the Department
for the validation by the housing management office of the
completion of all maintenance work related to health and
safety issues at privatized military housing; and
(3) require that all maintenance issues and work orders
related to health and safety issues at privatized military
housing be reported to the commander of the installation at
which the housing is located.
Subtitle C--Long-Term Quality Assurance
SEC. 3041. DEVELOPMENT OF STANDARDIZED DOCUMENTATION,
TEMPLATES, AND FORMS FOR PRIVATIZED MILITARY
HOUSING.
(a) In General.--The Secretary of Defense, in coordination
with the Secretary of each military department, shall develop
throughout the Department of Defense standardized
documentation, templates, and forms for privatized military
housing.
(b) Initial Guidance.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall issue guidance to develop the following:
(1) Policies and standard operating procedures of the
Department for privatized military housing.
(2) A universal lease agreement for privatized military
housing that includes--
(A) the Tenant Bill of Rights under section 2887 of title
10, United States Code; and
(B) any addendum required by the law of the State in which
the housing unit is located.
(3) A standardized operating agreement for landlords.
(c) Military Department Plans.--Not later than February 1,
2020, the Secretary of each military department shall submit
to the congressional defense committees a plan for the
implementation of this section by that military department.
SEC. 3042. COUNCIL ON PRIVATIZED MILITARY HOUSING.
(a) In General.--The Assistant Secretary concerned shall
establish a council (in this section referred to as the
``Council'') to identify and resolve problems with privatized
military housing at installations of the Department of
Defense under the jurisdiction of the Assistant Secretary
concerned.
(b) Members.--
(1) In general.--Each Council shall be comprised of the
Assistant Secretary concerned and the following members
selected by the Assistant Secretary concerned:
(A) Not fewer than two civil engineers employed at an
installation under the jurisdiction of the Assistant
Secretary concerned.
(B) Not fewer than two chiefs of a housing management
office at such an installation.
(C) Not fewer than two commanders of such an installation.
(2) Limitation.--In each Council, not more than two members
may be from the same installation.
(3) Terms.--
(A) Two years.--The term for a member of the Council, other
than the Assistant Secretary concerned, shall be two years.
(B) Limitation on terms.--A member of the Council, other
than the Assistant Secretary concerned, may serve not more
than two terms.
(c) Duties.--Each Council shall review, at a minimum, the
following:
(1) Systemic concerns from tenants relating to privatized
military housing under the jurisdiction of the Assistant
Secretary concerned.
(2) Best practices for housing management offices at
installations under the jurisdiction of the Assistant
Secretary concerned.
(3) Best practices for handling installation-wide
maintenance issues.
(d) Meetings.--Each Council shall meet not less frequently
than quarterly.
(e) Report.--Not later than 60 days after the first meeting
of the Council, and not later than October 1 of each year
thereafter, the Council shall submit to the Secretary of
[[Page S3960]]
Defense a report on the findings of the Council during the
period covered by the report.
(f) Assistant Secretary Concerned.--The term ``Assistant
Secretary concerned'' means--
(1) with respect to the Army, the Assistant Secretary of
the Army for Energy, Installations, and Environment;
(2) with respect to the Navy, the Marine Corps, and the
Coast Guard when it is operating as a service in the
Department of the Navy, the Assistant Secretary of the Navy
for Energy, Installations, and Environment; and
(3) with respect to the Air Force, the Assistant Secretary
of the Air Force for Energy, Installations, and Environment.
SEC. 3043. REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2872b following new section:
``Sec. 2872c. Requirements relating to management of housing
``(a) In General.--The Secretary of Defense shall ensure
that the operating agreement for each installation of the
Department of Defense at which on-base housing is managed by
a landlord under this subchapter includes the requirements
set forth in this section relating to such housing.
``(b) Requirements for Installation Commanders.--The
commander of each installation described in subsection (a)
shall do the following:
``(1) On an annual basis, review and approve the mold
mitigation plan and pest control plan of each landlord at
such installation.
``(2) Use the assigned bio-environmental personnel or
contractor equivalent at such installation to test for mold,
unsafe water conditions, and other health and safety
conditions if requested by the head of the housing management
office of such installation.
``(c) Requirements for Housing Management Office.--The head
of the housing management office of each installation
described in subsection (a) shall, with respect to housing
units under this subchapter, do the following:
``(1) Conduct physical inspections and approve the
habitability of each vacant housing unit before the landlord
offers the unit available for occupancy.
``(2) Conduct physical inspections upon tenant move out and
receive copies of any move out charges that a landlord seeks
to collect from an outgoing tenant.
``(3) Establish contact with a tenant regarding the
satisfaction of the tenant with the housing unit not later
than--
``(A) 15 days after move-in; and
``(B) 60 days after move-in.
``(4) Maintain all test results relating to the health,
environmental, and safety condition of a housing unit and the
results of any official housing inspection for the life of
the contract relating to that housing unit.
``(d) Requirements for Landlords.--The landlord of any
housing unit under this subchapter at an installation
described in subsection (a) shall do the following:
``(1) Disclose to the Secretary of Defense bonus structures
for community managers and regional executives and bonus
structures relating to maintenance to minimize the impact of
those incentives on the operating budget of the installation.
``(2) With respect to test results relating to the health
and safety condition of the housing unit--
``(A) not later than three days after receiving those
results, share those results with the tenant of such unit and
submit those results to the head of the housing management
office for the installation; and
``(B) include with any environmental hazard test results a
simple guide explaining those results, preferably citing
standards set forth by the Federal Government relating to
environmental hazards.
``(3) Conduct a walkthrough inspection before a prospective
tenant signs a lease--
``(A) with the prospective tenant; or
``(B) if the prospective tenant is not able to be present
for the inspection, with an official of the housing
management office designated by the prospective tenant to
conduct the inspection on their behalf.
``(4) In the event that the housing unit does not meet
minimum health, safety, and welfare standards set forth in
Federal, State, and local law after inspection under
subsection (c)(1), the landlord shall remediate any issues
and make any appropriate repairs prior to another inspection
by the housing management office under such subsection.
``(5) Not conduct any promotional events to incentivize
tenants to fill out maintenance comment cards or satisfaction
surveys of any kind without the approval of the chief of the
housing management office.
``(6) Not award an installation of the Department or an
officer or employee of the Department a `Partner of the Year'
award or similar award.
``(7) Not have a tenant agree to any form of settlement,
nondisclosure, or release of liability without--
``(A) first notifying the tenant of their right to
assistance from the legal assistance office at the
installation; and
``(B) not later than five days before agreeing to any such
settlement, nondisclosure, or release of liability, providing
a copy of such agreement to the Assistant Secretary of
Defense for Sustainment;
``(8) Not change the position of a prospective tenant on a
waiting list for a housing unit or remove a prospective
tenant from the waiting list if the prospective tenant turns
down an offer for a housing unit determined unsatisfactory by
the prospective tenant and confirmed by the housing
management office and the commander of the installation.
``(9) Allow, with permission of the tenant as appropriate,
employees of the housing management office and other officers
and employees of the Department to conduct physical
inspections of common grounds and individual quarters of the
housing unit.
``(10) Agree to a mechanism under which all or part of
basic allowance for housing payable to the tenant (including
for any dependents of the tenant in the tenant's household)
under section 403 of title 37, or all or part of any other
allotment of pay under section 2882(c) of this title can be
held in escrow until--
``(A) any dispute between the tenant and the landlord is
resolved; and
``(B) the commander of the installation has reviewed and
decided such dispute.
``(11) Ensure that the needs of enrollees in the
Exceptional Family Member Program, or any successor program,
are considered in assigning prospective tenants to housing
units.
``(12) Keep any maintenance work order system up to date
with the latest software, functionality, and features.
``(13) Have any agreements or forms to be used by the
landlord approved by the Assistant Secretary of Defense for
Sustainment, including the following:
``(A) A common lease agreement.
``(B) Any disclosure or nondisclosure forms that could be
given to a tenant.
``(C) Any notices required to be provided to the tenant
under the Tenant Bill of Rights under section 2887 of this
title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2872b the following new item:
``2872c. Requirements relating to management of housing.''.
(c) Military Department Plans.--Not later than February 1,
2020, the Secretary of each military department shall submit
to the congressional defense committees a plan for the
implementation by that military department of section 2872c
of title 10, United States Code, as added by subsection (a).
SEC. 3044. REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2872c the following new section:
``Sec. 2872d. Requirements relating to contracts for
provision of housing
``(a) In General.--The Secretary of each military
department shall include in any contract for a term of more
than 10 years with a landlord for the provision of housing
under this subchapter at an installation under the
jurisdiction of the Secretary concerned the following:
``(1) The Secretary concerned may renegotiate the contract
with the landlord not less frequently than once every five
years.
``(2) The landlord shall prohibit any employee of the
landlord who commits work order fraud under the contract, as
determined by the Secretary concerned, from doing any work
under the contract.
``(3) If the landlord fails to or is unable to remedy any
health or environmental hazard at a housing unit under the
contract, such failure or inability will be taken into
consideration in determining whether to pay or withhold all
or part of any incentive fees for which the landlord may be
eligible under the contract.
``(4) If the landlord is found by the Secretary concerned
to have not maintained the minimum standards of habitability
for a housing unit under such contract, the landlord shall
pay all medical bills for a tenant of such housing unit that
are associated with the conditions of such housing unit that
do not meet such minimum standards.
``(5) The landlord shall pay reasonable relocation costs
associated with the permanent relocation of a tenant from a
housing unit of the landlord to new housing due to health or
environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation as making the unit uninhabitable.
``(6) The landlord shall pay reasonable relocation costs
and actual costs of living, including per diem, associated
with the temporary relocation of a tenant to new housing due
to health or environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation as making the unit uninhabitable.
``(7) The landlord shall ensure that the maintenance work
order system of the landlord (hardware and software) is up to
date, including by --
``(A) providing a reliable mechanism through which a tenant
may submit work order requests through an Internet portal and
mobile application, which shall incorporate the ability to
upload photos, communicate with maintenance personnel, and
rate individual service calls;
``(B) allowing real-time access to such system by officials
of the Department at the installation, major subordinate
command, and service-wide levels; and
[[Page S3961]]
``(C) allowing the work order or maintenance ticket to be
closed only once the tenant and the head of the housing
management office of the installation sign off.
``(b) Payment of Actual Costs of Living.--The landlord
shall pay actual costs of living under subsection (a)(6) in
connection with a health or environmental hazard until such
time as--
``(1)(A) the health or environmental hazard is remediated;
``(B) the housing unit being vacated is determined to be
habitable by the tenant, the housing management office of the
installation, and chain of command; and
``(C) the tenant resumes occupancy of the housing unit; or
``(2) the tenant moves to a new housing unit.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2872c the following new item:
``2872d. Requirements relating to contracts for provision of
housing.''.
(c) Effective Date.--Section 2872d of such title, as added
by subsection (a), shall apply to contracts entered into or
renewed on and after the date of the enactment of this Act.
SEC. 3045. WITHHOLDING OF INCENTIVE FEES FOR LANDLORDS OF
PRIVATIZED MILITARY HOUSING FOR FAILURE TO
REMEDY A HEALTH OR ENVIRONMENTAL HAZARD.
(a) In General.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by inserting after section
2874b the following new section:
``Sec. 2874c. Withholding of incentive fees for landlords
``The Secretary of Defense shall withhold incentive fees
paid to a landlord for failure by the landlord to remedy a
health or environmental hazard at a housing unit under this
subchapter, as determined by the Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 2874b the following new item:
``2874c. Withholding of incentive fees for landlords.''.
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.
(a) In General.--Section 559 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1406; 10 U.S.C. 1792 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
and individuals to fill vacancies in installation military
housing offices,'' after ``childcare services providers'';
(B) in paragraph (1), by inserting ``or for employees at
installation military housing offices'' before the semicolon;
and
(C) in paragraph (2), by inserting ``or for installation
military housing office employees'' before the period;
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Installation Military Housing Office Defined.--The
term `installation military housing office' means any office
whose primary function is performing day-to-day supervision
of military housing covered by subchapter IV of chapter 169
of title 10, United States Code.''.
(b) Heading and Technical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``SEC. 599. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE
FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT
CHILD DEVELOPMENT CENTERS AND INSTALLATION
MILITARY HOUSING OFFICES.''.
(2) Technical amendment.--Subsection (d) of such section is
amended by striking ``Oversight and Government Reform'' and
inserting ``Oversight and Reform''.
(c) Use of Existing Regulations.--The Secretary of Defense
shall use the authority in section 599 of the National
Defense Authorization Act for Fiscal Year 2018 granted by the
amendments made by this section in a manner consistent with
the regulations prescribed for purposes of such section 599
pursuant to subsection (b) of such section 599, without the
need to prescribe separate regulations for the use of such
authority.
SEC. 3047. PLAN ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE
JURISDICTION OVER OFF-BASE PRIVATIZED MILITARY
HOUSING.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the
Secretary of each military department, shall submit to the
congressional defense committees a plan to establish
jurisdiction by the Department of Defense, concurrently with
local community law enforcement, at locations with privatized
military housing that is not located on an installation of
the Department of Defense.
Subtitle D--Other Housing Matters
SEC. 3051. LEAD-BASED PAINT TESTING AND REPORTING.
(a) Establishment of Department of Defense Policy on Lead
Testing on Military Installations.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall establish a policy under which--
(A) a qualified individual may access a military
installation for the purpose of conducting lead testing on
the installation, subject to the approval of the Secretary;
and
(B) the results of any lead testing conducted on a military
installation shall be transmitted--
(i) in the case of a military installation located inside
the United States, to--
(I) the civil engineer of the installation;
(II) the housing management office of the installation;
(III) the major subordinate command of the Armed Force with
jurisdiction over the installation; and
(IV) if required by law, any relevant Federal, State, and
local agencies; and
(ii) in the case of a military installation located outside
the United States, to the civil engineer or commander of the
installation who shall transmit those results to the major
subordinate command of the Armed Force with jurisdiction over
the installation.
(2) Definitions.--In this subsection:
(A) United states.--The term ``United States'' has the
meaning given such term in section 101(a)(1) of title 10,
United States Code.
(B) Qualified individual.--The term ``qualified
individual'' means an individual who is certified by the
Environmental Protection Agency or by a State as--
(i) a lead-based paint inspector; or
(ii) a lead-based paint risk assessor.
(b) Annual Reporting on Lead-based Paint in Military
Housing.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2869a. Annual reporting on lead-based paint in
military housing
``(a) Annual Reports.--
``(1) In general.--Not later than February 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report that sets forth, with respect to
military housing under the jurisdiction of each Secretary of
a military department for the calendar year preceding the
year in which the report is submitted, the following:
``(A) A certification that indicates whether the military
housing under the jurisdiction of the Secretary concerned is
in compliance with the requirements respecting lead-based
paint, lead-based paint activities, and lead-based paint
hazards described in section 408 of the Toxic Substances
Control Act (15 U.S.C. 2688).
``(B) A detailed summary of the data, disaggregated by
military department, used in making the certification under
subparagraph (A).
``(C) The total number of military housing units under the
jurisdiction of the Secretary concerned that were inspected
for lead-based paint in accordance with the requirements
described in subparagraph (A).
``(D) The total number of military housing units under the
jurisdiction of the Secretary concerned that were not
inspected for lead-based paint.
``(E) The total number of military housing units that were
found to contain lead-based paint in the course of the
inspections described in subparagraph (C).
``(F) A description of any abatement efforts with respect
to lead-based paint conducted regarding the military housing
units described in subparagraph (E).
``(2) Publication.--The Secretary of Defense shall publish
each report submitted under paragraph (1) on a publicly
available website of the Department of Defense.
``(b) Military Housing Defined.--In this section, the term
`military housing' includes military family housing and
military unaccompanied housing (as such term is defined in
section 2871 of this title).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2869a. Annual reporting on lead-based paint in military housing.''.
SEC. 3052. SATISFACTION SURVEY FOR TENANTS OF MILITARY
HOUSING.
(a) In General.--Not later than March 1, 2020, the
Secretary of Defense shall require that each installation of
the Department of Defense use the same satisfaction survey
for tenants of military housing, which shall be an electronic
survey with embedded privacy and security mechanisms.
(b) Privacy and Security Mechanisms.--The privacy and
security mechanisms used under subsection (a)--
(1) may include a code unique to the tenant to be surveyed
that is sent to the cell phone number of the tenant and
required to be entered to access the survey; and
(2) in the case of housing under subchapter IV of chapter
169 of title 10, United States Code, shall ensure that the
survey is not shared with the landlord of the housing unit
until the survey is reviewed and the results are tallied by
an employee of the Department of Defense.
SEC. 3053. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS
OF THE ARMED FORCES HARMED BY HEALTH OR
ENVIRONMENTAL HAZARDS AT MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the legal
services that the Secretary may provide to members of the
Armed Forces who have been harmed by a health or
environmental hazard while living in military housing.
[[Page S3962]]
(b) Availability of Information.--The Secretary of the
military department concerned shall make the information
contained in the report submitted under subsection (a)
available to members of the Armed Forces at all installations
of the Department of Defense in the United States.
SEC. 3054. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN
MILITARY FAMILY HOUSING UNITS.
(a) Anchoring of Items by Residents.--The Secretary of
Defense shall allow a resident of a military family housing
unit to anchor any furniture, television, or large appliance
to the wall of the unit for purposes of preventing such item
from tipping over without incurring a penalty or obligation
to repair the wall upon vacating the unit.
(b) Anchoring of Items for All Units.--
(1) Existing units.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
ensure that all freestanding chests, door chests, armoires,
dressers, entertainment centers, bookcases taller than 27
inches, televisions, and large appliances provided by the
Department of Defense are securely anchored in each furnished
military family housing unit under the jurisdiction of the
Department as of the date of the enactment of this Act.
(2) New units.--The Secretary of Defense shall ensure that
all freestanding chests, door chests, armoires, dressers,
entertainment centers, bookcases taller than 27 inches,
televisions, and large appliances provided by the Department
of Defense are securely anchored in each furnished military
family housing unit made available after the date of the
enactment of this Act.
SEC. 3055. TECHNICAL CORRECTION TO CERTAIN PAYMENTS FOR
LESSORS OF PRIVATIZED MILITARY HOUSING.
Paragraph (3) of section 606(d) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2871 note) is amended to read
as follows:
``(3) The term `MHPI housing' means housing procured,
acquired, constructed, or for which any phase or portion of a
project agreement was first finalized and signed, under the
alternative authority of subchapter IV of chapter 169 of
title 10, United States Code (known as the Military Housing
Privatization Initiative), on or before September 30,
2014.''.
SEC. 3056. PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE
FAMILY HOMES.
(a) In General.--The Secretary of the Army shall carry out
a pilot program to build and monitor the use of not fewer
than 5 single family homes for members of the Army and their
families.
(b) Location.--The Secretary of the Army shall carry out
the pilot program at an installation of the Army as
determined by the Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design
from the suburban single-family division design by the United
States Military Academy.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Army $1,000,000 to
carry out the pilot program under this section.
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.
(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.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for defense environmental cleanup activities
in carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 20-D-401, Saltstone Disposal Units numbers 10, 11,
and 12, Savannah River Site, Aiken, South Carolina,
$1,000,000.
Project 20-D-402, Advanced Manufacturing Collaborative,
Savannah River Site, Aiken, South Carolina, $50,000,000.
Project 20-U-401, On-Site Waste Disposal Facility (Cell
Lines 2 and 3), Portsmouth Site, Pike County, Ohio,
$10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE
ACT.
(a) Definitions in National Nuclear Security Administration
Act.--Section 3281(2)(A) of the National Nuclear Security
Administration Act (50 U.S.C. 2471(2)(A)) is amended by
striking ``Plant'' and inserting ``National Security
Campus''.
(b) Amendments to Atomic Energy Defense Act.--
(1) Definitions.--Section 4002(9)(A) of the Atomic Energy
Defense Act (50 U.S.C. 2501(9)(A)) is amended striking
``Plant'' and inserting ``National Security Campus''.
(2) Stockpile stewardship, management, and responsiveness
plan.--Section 4203 of the Atomic Energy Defense Act (50
U.S.C. 2523) is amended--
(A) in subsection (d)(4)(A)(ii), by striking ``quadrennial
defense review if such strategy has not been submitted'' and
inserting ``national defense strategy'';
(B) in subsection (e)(1)(A)(i), by striking ``or the most
recent quadrennial defense review, as applicable under
subsection (d)(4)(A), and the'' and inserting ``referred to
in subsection (d)(4)(A)(i), the most recent the national
defense strategy, and the most recent''; and
(C) in subsection (f)--
(i) by striking paragraph (4);
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `national defense strategy' means the review
of the defense programs and policies of the United States
that is carried out every four years under section 113(g) of
title 10, United States Code.''.
(3) Manufacturing infrastructure for nuclear weapons
stockpile.--Section 4212 of the Atomic Energy Defense Act (50
U.S.C. 2532) is amended--
(A) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``most recent'' before
``Nuclear Posture Review''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``Plant'' and inserting
``National Security Complex''; and
(ii) in paragraph (4), by striking ``Plant'' and inserting
``National Security Campus, Kansas City, Missouri''.
(4) Reports on life extension programs.--
(A) In general.--Section 4216 of the Atomic Energy Defense
Act (50 U.S.C. 2536) is amended--
(i) in the section heading, by striking ``lifetime'' and
inserting ``life''; and
(ii) by striking ``lifetime'' each place it appears and
inserting ``life''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4216 and inserting the following new
item:
``Sec. 4216. Reports on life extension programs.''.
(5) Advice on safety, security, and reliability of nuclear
weapons stockpile.--Section 4218 of the Atomic Energy Defense
Act (50 U.S.C. 2538) is amended--
(A) in subsection (d), by striking ``or the Commander of
the United States Strategic Command''; and
(B) in subsection (e)(1)--
(i) by striking ``, a member of'' and all that follows
through ``Strategic Command'' and inserting ``or a member of
the Nuclear Weapons Council''; and
(ii) by striking ``, member, or Commander'' and inserting
``or member''.
(6) Life-cycle cost estimates.--Section 4714(a) of the
Atomic Energy Defense Act (50 U.S.C. 2754(a)) is amended--
(A) by striking ``413.3'' and inserting ``413.3B''; and
(B) by inserting ``, or a successor order,'' after
``assets)''.
(7) Unfunded priorities.--
(A) In general.--Section 4716 of the Atomic Energy Defense
Act (50 U.S.C. 2756) is amended in the section heading by
striking ``national nuclear security administration'' and
inserting ``administration''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4716 and inserting the following new
item:
``Sec. 4716. Unfunded priorities of the Administration.''.
(8) Reviews of capital assets acquisition projects.--
Section 4733(d)(3)(B) of the Atomic Energy Defense Act (50
U.S.C. 2773(d)(3)(B)) is amended by striking ``413.3'' and
inserting ``413.3B''.
SEC. 3112. NATIONAL NUCLEAR SECURITY ADMINISTRATION PERSONNEL
SYSTEM.
(a) In General.--Subtitle C of the National Nuclear
Security Administration Act (50 U.S.C. 2441 et seq.) is
amended by adding at the end the following new section:
[[Page S3963]]
``SEC. 3248. ALTERNATIVE PERSONNEL SYSTEM.
``(a) In General.--The Administrator may adapt the pay
banding and performance-based pay adjustment demonstration
project carried out by the Administration under the authority
provided by section 4703 of title 5, United States Code, into
a permanent alternative personnel system for the
Administration (to be known as the `National Nuclear Security
Administration Personnel System') and implement that system
with respect to employees of the Administration.
``(b) Modifications.--In adapting the demonstration project
described in subsection (a) into a permanent alternative
personnel system, the Administrator--
``(1) may, subject to paragraph (2), revise the
requirements and limitations of the demonstration project to
the extent necessary; and
``(2) shall--
``(A) ensure that the permanent alternative personnel
system is carried out in a manner consistent with the final
plan for the demonstration project published in the Federal
Register on December 21, 2007 (72 Fed. Reg. 72776);
``(B) ensure that significant changes in the system not
take effect until revisions to the plan for the demonstration
project are approved by the Office of Personnel Management
and published in the Federal Register;
``(C) ensure that procedural modifications or
clarifications to the final plan for the demonstration
project be made through local notification processes;
``(D) authorize, and establish incentives for, employees of
the Administration to have rotational assignments among
different programs of the Administration, the headquarters
and field offices of the Administration, and the management
and operating contractors of the Administration; and
``(E) establish requirements for employees of the
Administration who are in the permanent alternative personnel
system described in subsection (a) to be promoted to senior-
level positions in the Administration, including requirements
with respect to--
``(i) professional training and continuing education; and
``(ii) a certain number and types of rotational assignments
under subparagraph (D), as determined by the Administrator.
``(c) Application to Naval Nuclear Propulsion Program.--The
Director of the Naval Nuclear Propulsion Program established
pursuant to section 4101 of the Atomic Energy Defense Act (50
U.S.C. 2511) and section 3216 of this Act may, with the
concurrence of the Secretary of the Navy, apply the
alternative personnel system under subsection (a) to--
``(1) all employees of the Naval Nuclear Propulsion Program
in the competitive service (as defined in section 2102 of
title 5, United States Code); and
``(2) all employees of the Department of Navy who are
assigned to the Naval Nuclear Propulsion Program and are in
the excepted service (as defined in section 2103 of title 5,
United States Code) (other than such employees in statutory
excepted service systems).''.
(b) Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall provide a briefing to the appropriate
congressional committees on the implementation of section
3248 of the National Nuclear Security Administration Act, as
added by subsection (a).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Energy and Natural Resources of the
Senate and the Committee on Energy and Commerce of the House
of Representatives; and
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Government Reform of the House of Representatives.
(c) Conforming Amendments.--Section 3116 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1888; 50 U.S.C. 2441 note prec) is
amended--
(1) by striking subsections (a) and (d); and
(2) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(d) Clerical Amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
inserting after the item relating to section 3247 the
following new item:
``Sec. 3248. Alternative personnel system.''.
SEC. 3113. CONTRACTING, PROGRAM MANAGEMENT, SCIENTIFIC,
ENGINEERING, AND TECHNICAL POSITIONS AT
NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--Section 3241 of the National Nuclear
Security Administration Act (50 U.S.C. 2441) is amended in
the first sentence--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``not more than 600''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in the section heading, by striking ``authority to
establish'' and inserting ``establishment of''; and
(2) in the second sentence, by striking ``Subject to the
limitations in the preceding sentence, the authority'' and
inserting ``The authority''.
(c) Clerical Amendment.--The table of contents for the
National Nuclear Security Administration Act is amended by
striking the item relating to section 3241 and inserting the
following new item:
``Sec. 3241. Establishment of contracting, program management,
scientific, engineering, and technical positions.''.
SEC. 3114. PROHIBITION ON USE OF LABORATORY-DIRECTED RESEARCH
AND DEVELOPMENT FUNDS FOR GENERAL AND
ADMINISTRATIVE OVERHEAD COSTS.
Section 4811 of the Atomic Energy Defense Act (50 U.S.C.
2791) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Funds provided to a national security laboratory or
nuclear weapons production facility for laboratory-directed
research and development may not be used to cover the costs
of general and administrative overhead for the laboratory or
facility.''.
SEC. 3115. PROHIBITION ON USE OF FUNDS FOR ADVANCED NAVAL
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED
URANIUM.
None of the funds authorized to be appropriated for the
National Nuclear Security Administration for fiscal year 2020
or any fiscal year thereafter may be obligated or expended to
conduct research and development of an advanced naval nuclear
fuel system based on low-enriched uranium until the following
certifications are submitted to the congressional defense
committees:
(1) A joint certification of the Secretary of Energy and
the Secretary of Defense that the determination made by the
Secretary of Energy and the Secretary of the Navy pursuant to
section 3118(c)(1) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1196) and
submitted to the congressional defense committees on March
25, 2018, that the United States should not pursue such
research and development, no longer reflects the policy of
the United States.
(2) A certification of the Secretary of the Navy that an
advanced naval nuclear fuel system based on low-enriched
uranium would not reduce vessel capability, increase expense,
or reduce operational availability as a result of refueling
requirements.
Subtitle C--Plans and Reports
SEC. 3121. ESTIMATION OF COSTS OF MEETING DEFENSE
ENVIRONMENTAL CLEANUP MILESTONES REQUIRED BY
CONSENT ORDERS.
(a) In General.--Subtitle A of title XLIV of the Atomic
Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by
adding at the end the following section:
``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE
ENVIRONMENTAL CLEANUP MILESTONES REQUIRED BY
CONSENT ORDERS.
``The Secretary of Energy shall include in the budget
justification materials submitted to Congress in support of
the Department of Energy budget for each fiscal year (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) a report on the cost
of meeting milestones required by a consent order at each
defense nuclear facility at which defense environmental
cleanup activities are occurring. The report shall include,
for each such facility--
``(1) a specification of the cost of meeting such
milestones during that fiscal year; and
``(2) an estimate of the cost of meeting such milestones
during the four fiscal years following that fiscal year.''.
(b) Clerical Amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4408 the following new item:
``Sec. 4409. Estimation of costs of meeting defense environmental
cleanup milestones required by consent orders.''.
SEC. 3122. EXTENSION OF SUSPENSION OF CERTAIN ASSESSMENTS
RELATING TO NUCLEAR WEAPONS STOCKPILE.
Section 3255(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2455(b)) is amended by striking
``fiscal year 2018 or 2019'' and inserting ``any of fiscal
years 2018 through 2023''.
SEC. 3123. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO
ENHANCED PROCUREMENT AUTHORITY.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C.
2786) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively.
SEC. 3124. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH
RESPECT TO PRODUCING TRITIUM.
Not later than February 15, 2020, the Secretary of Energy
shall--
(1) determine whether the Agreement for Cooperation on the
Uses of Atomic Energy for Mutual Defense Purposes, signed at
Washington July 3, 1958 (9 UST 1028), between the United
States and the United Kingdom, permits the United States to
obtain low-enriched uranium for the purposes of producing
tritium in the United States; and
(2) submit to the congressional defense committees a report
on that determination.
SEC. 3125. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act,
[[Page S3964]]
the Administrator for Nuclear Security shall enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct an assessment of recent
advances and the current status of research in the field of
high energy density physics.
(b) Elements.--The assessment conducted under subsection
(a) shall include the following:
(1) Theoretical and computational modeling of high energy
density material phases, radiation-matter interactions,
plasmas atypical of astrophysical conditions, and conditions
unique to the National Nuclear Security Administration.
(2) The simulation of such phases, interactions, plasmas,
and conditions.
(3) Instrumentation and target fabrication.
(4) Workforce training.
(5) An assessment of advancements made by other countries
in high energy density physics.
(6) Such others items as are agreed upon by the
Administrator and the National Academies.
(c) Applicability of Internal Controls.--The assessment
under subsection (a) shall be conducted in accordance with
the internal controls of the National Academies.
(d) Report to Congress.--Not later than 18 months after
entering into the arrangement under subsection (a), the
National Academy of Sciences, Engineering, and Medicine shall
submit to the congressional defense committees a report on
the assessment conducted under that subsection.
(e) High Energy Density Physics Defined.--In this section,
the term ``high energy density physics'' means the physics of
matter and radiation at--
(1) energy densities exceeding 100,000,000,000 joules per
cubic meter; and
(2) other temperature and pressure ranges within the warm
dense matter regime.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2020, $29,450,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENT OF MANAGEMENT AND ORGANIZATION OF
DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Provision of Information to Board.--Subsection (c) of
section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286)
is amended--
(1) in paragraph (2), by striking ``paragraphs (5), (6),
and (7)'' and inserting ``paragraphs (5) and (6)'';
(2) by striking paragraph (6); and
(3) by redesignating paragraph (7) as paragraph (6).
(b) Executive Director for Operations.--Paragraph (6) of
such subsection, as redesignated by subsection (a)(3), is
further amended in subparagraph (C)--
(1) by redesignating clauses (i), (ii), and (iii) as
clauses (ii), (iii), and (iv), respectively; and
(2) by inserting before clause (ii), as redesignated by
paragraph (1), the following new clause (i):
``(i) The executive director for operations, who shall
report directly to the Chairman.''.
(c) Organization of Staff of Board.--Section 313(b) of such
Act (42 U.S.C. 2286b(b)) is amended--
(1) in paragraph (1)(A), by striking ``section 311(c)(7)''
and inserting ``section 311(c)(6)''; and
(2) by adding at the end the following new paragraph:
``(3) Subject to the approval of the Board, the Chairman
may organize the staff of the Board as the Chairman considers
appropriate to best accomplish the mission of the Board
described in section 312(a).''.
SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) List of Candidates for Nomination.--Subsection (b) of
section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286)
is amended by adding at the end the following new paragraph:
``(4) The President shall enter into an arrangement with
the National Academy of Sciences under which the National
Academy shall maintain a list of individuals who meet the
qualifications described in paragraph (1) to assist the
President in selecting individuals to nominate for positions
as members of the Board.''.
(b) Terms of Members.--
(1) In general.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by striking the second sentence and
inserting the following new sentence: ``A member of the Board
may not serve for two consecutive terms.''; and
(B) in paragraph (3), by striking the second sentence and
inserting the following new sentence: ``A member may not
serve after the expiration of the member's term.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on April 1, 2020.
(c) Filling Vacancies.--Such subsection is further amended
by adding at the end the following new paragraph:
``(4)(A) Not later than 180 days after the expiration of
the term of a member of the Board, the President shall--
``(i) submit to the Senate the nomination of an individual
to fill the vacancy; or
``(ii) submit to the Committee on Armed Services of the
Senate a report that includes--
``(I) a description of the reasons the President did not
submit such a nomination; and
``(II) a plan for submitting such a nomination during the
90-day period following the submission of the report.
``(B) If the President does not submit to the Senate the
nomination of an individual to fill a vacancy during the 90-
day period described in subclause (II) of subparagraph
(A)(ii), the President shall submit to the Committee on Armed
Services a report described in that subparagraph not less
frequently than every 90 days until the President submits
such a nomination.''.
TITLE XXXV--MARITIME ADMINISTRATION
SEC. 3501. MARITIME ADMINISTRATION.
Section 109 of title 49, United States Code, is amended to
read as follows:
``Sec. 109. Maritime Administration
``(a) Organization and Mission.--The Maritime
Administration is an administration in the Department of
Transportation. The mission of the Maritime Administration is
to foster, promote, and develop the merchant maritime
industry of the United States.
``(b) Maritime Administrator.--The head of the Maritime
Administration is the Maritime Administrator, who is
appointed by the President by and with the advice and consent
of the Senate. The Administrator shall report directly to the
Secretary of Transportation and carry out the duties
prescribed by the Secretary.
``(c) Deputy Maritime Administrator.--The Maritime
Administration shall have a Deputy Maritime Administrator,
who is appointed in the competitive service by the Secretary,
after consultation with the Administrator. The Deputy
Administrator shall carry out the duties prescribed by the
Administrator. The Deputy Administrator shall be Acting
Administrator during the absence or disability of the
Administrator and, unless the Secretary designates another
individual, during a vacancy in the office of Administrator.
``(d) Duties and Powers Vested in Secretary.--All duties
and powers of the Maritime Administration are vested in the
Secretary.
``(e) Regional Offices.--The Maritime Administration shall
have regional offices for the Atlantic, Gulf, Great Lakes,
and Pacific port ranges, and may have other regional offices
as necessary. The Secretary shall appoint a qualified
individual as Director of each regional office. The Secretary
shall carry out appropriate activities and programs of the
Maritime Administration through the regional offices.
``(f) Interagency and Industry Relations.--The Secretary
shall establish and maintain liaison with other agencies, and
with representative trade organizations throughout the United
States, concerned with the transportation of commodities by
water in the export and import foreign commerce of the United
States, for the purpose of securing preference to vessels of
the United States for the transportation of those
commodities.
``(g) Detailing Officers From Armed Forces.--To assist the
Secretary in carrying out duties and powers relating to the
Maritime Administration, not more than five officers of the
Armed Forces may be detailed to the Secretary at any one
time, in addition to details authorized by any other law.
During the period of a detail, the Secretary shall pay the
officer an amount that, when added to the officer's pay and
allowances as an officer in the Armed Forces, makes the
officer's total pay and allowances equal to the amount that
would be paid to an individual performing work the Secretary
considers to be of similar importance, difficulty, and
responsibility as that performed by the officer during the
detail.
``(h) Contracts, Cooperative Agreements, and Audits.--
``(1) Contracts and cooperative agreements.--In the same
manner that a private corporation may make a contract within
the scope of its authority under its charter, the Secretary
may make contracts and cooperative agreements for the United
States Government and disburse amounts to--
``(A) carry out the Secretary's duties and powers under
this section, subtitle V of title 46, and all other Maritime
Administration programs; and
``(B) protect, preserve, and improve collateral held by the
Secretary to secure indebtedness.
``(2) Audits.--The financial transactions of the Secretary
under paragraph (1) shall be audited by the Comptroller
General. The Comptroller General shall allow credit for an
expenditure shown to be necessary because of the nature of
the business activities authorized by this section or
subtitle V of title 46. At least once a year, the Comptroller
General shall report to Congress any departure by the
Secretary from this section or subtitle V of title 46.
``(i) Grant Administrative Expenses.--Except as otherwise
provided by law, the administrative and related expenses for
the administration of any grant programs by the Maritime
Administrator may not exceed 3 percent.
``(j) Authorization of Appropriations.--
``(1) In general.--Except as otherwise provided in this
subsection, there are authorized to be appropriated such
amounts as may be necessary to carry out the duties and
powers of the Secretary relating to the Maritime
Administration.
``(2) Limitations.--Only those amounts specifically
authorized by law may be appropriated for the use of the
Maritime Administration for--
[[Page S3965]]
``(A) acquisition, construction, or reconstruction of
vessels;
``(B) construction-differential subsidies incident to the
construction, reconstruction, or reconditioning of vessels;
``(C) costs of national defense features;
``(D) payments of obligations incurred for operating-
differential subsidies;
``(E) expenses necessary for research and development
activities, including reimbursement of the Vessel Operations
Revolving Fund for losses resulting from expenses of
experimental vessel operations;
``(F) the Vessel Operations Revolving Fund;
``(G) National Defense Reserve Fleet expenses;
``(H) expenses necessary to carry out part B of subtitle V
of title 46; and
``(I) other operations and training expenses related to the
development of waterborne transportation systems, the use of
waterborne transportation systems, and general
administration.''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
2 UTILITY F/W AIRCRAFT............. 16,000 0
Program zeroed out in FYDP... [-16,000]
4 RQ-11 (RAVEN).................... 23,510 23,510
ROTARY
5 TACTICAL UNMANNED AIRCRAFT SYSTEM 12,100 12,100
(TUAS)..........................
8 AH-64 APACHE BLOCK IIIA REMAN.... 806,849 806,849
9 AH-64 APACHE BLOCK IIIA REMAN AP. 190,870 190,870
10 AH-64 APACHE BLOCK IIIB NEW BUILD 0 105,000
Increase fielding for Active [105,000]
and ARNG units...............
12 UH-60 BLACKHAWK M MODEL (MYP).... 1,411,540 1,271,540
Funding ahead of acquisition [-140,000]
strategy.....................
13 UH-60 BLACKHAWK M MODEL (MYP) AP. 79,572 79,572
14 UH-60 BLACK HAWK L AND V MODELS.. 169,290 204,290
Increase fielding for ARNG [35,000]
units........................
15 CH-47 HELICOPTER................. 140,290 140,290
16 CH-47 HELICOPTER AP.............. 18,186 18,186
MODIFICATION OF AIRCRAFT
19 UNIVERSAL GROUND CONTROL 2,090 2,090
EQUIPMENT (UAS).................
20 GRAY EAGLE MODS2................. 14,699 14,699
21 MULTI SENSOR ABN RECON (MIP)..... 35,189 35,189
22 AH-64 MODS....................... 58,172 58,172
23 CH-47 CARGO HELICOPTER MODS (MYP) 11,785 11,785
24 GRCS SEMA MODS (MIP)............. 5,677 5,677
25 ARL SEMA MODS (MIP).............. 6,566 6,566
26 EMARSS SEMA MODS (MIP)........... 3,859 3,859
27 UTILITY/CARGO AIRPLANE MODS...... 15,476 15,476
28 UTILITY HELICOPTER MODS.......... 6,744 6,744
29 NETWORK AND MISSION PLAN......... 105,442 105,442
30 COMMS, NAV SURVEILLANCE.......... 164,315 164,315
32 GATM ROLLUP...................... 30,966 30,966
33 RQ-7 UAV MODS.................... 8,983 8,983
34 UAS MODS......................... 10,205 10,205
GROUND SUPPORT AVIONICS
35 AIRCRAFT SURVIVABILITY EQUIPMENT. 52,297 52,297
36 SURVIVABILITY CM................. 8,388 8,388
37 CMWS............................. 13,999 13,999
38 COMMON INFRARED COUNTERMEASURES 168,784 168,784
(CIRCM).........................
OTHER SUPPORT
39 AVIONICS SUPPORT EQUIPMENT....... 1,777 1,777
40 COMMON GROUND EQUIPMENT.......... 18,624 18,624
41 AIRCREW INTEGRATED SYSTEMS....... 48,255 48,255
42 AIR TRAFFIC CONTROL.............. 32,738 32,738
44 LAUNCHER, 2.75 ROCKET............ 2,201 2,201
45 LAUNCHER GUIDED MISSILE: LONGBOW 991 991
HELLFIRE XM2....................
TOTAL AIRCRAFT PROCUREMENT, ARMY. 3,696,429 3,680,429
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 SYSTEM INTEGRATION AND TEST 0 113,857
PROCUREMENT.....................
Transfer back to base funding [113,857]
2 M-SHORAD--PROCUREMENT............ 0 103,800
Transfer back to base funding [103,800]
3 MSE MISSILE...................... 0 698,603
Transfer back to base funding [698,603]
4 INDIRECT FIRE PROTECTION 0 239,237
CAPABILITY INC 2-I..............
Full funding of Iron Dome [229,900]
battery......................
Transfer back to base funding [9,337]
5 THAAD............................ 0 425,900
THAAD program transfer from [425,900]
MDA..........................
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY............. 0 193,284
Transfer back to base funding [193,284]
7 JOINT AIR-TO-GROUND MSLS (JAGM).. 0 233,353
Transfer back to base funding [233,353]
ANTI-TANK/ASSAULT MISSILE SYS
8 JAVELIN (AAWS-M) SYSTEM SUMMARY.. 0 138,405
Transfer back to base funding [138,405]
9 TOW 2 SYSTEM SUMMARY............. 0 114,340
Transfer back to base funding [114,340]
10 TOW 2 SYSTEM SUMMARY AP.......... 0 10,500
Transfer back to base funding [10,500]
11 GUIDED MLRS ROCKET (GMLRS)....... 0 797,213
Transfer back to base funding [797,213]
12 MLRS REDUCED RANGE PRACTICE 0 27,555
ROCKETS (RRPR)..................
Transfer back to base funding [27,555]
14 ARMY TACTICAL MSL SYS (ATACMS)-- 0 209,842
SYS SUM.........................
Transfer back to base funding [209,842]
MODIFICATIONS
16 PATRIOT MODS..................... 0 279,464
Transfer back to base funding [279,464]
17 ATACMS MODS...................... 0 85,320
Transfer back to base funding [85,320]
18 GMLRS MOD........................ 0 5,094
Transfer back to base funding [5,094]
19 STINGER MODS..................... 0 81,615
Transfer back to base funding [81,615]
20 AVENGER MODS..................... 0 14,107
Transfer back to base funding [14,107]
21 ITAS/TOW MODS.................... 0 3,469
Transfer back to base funding [3,469]
22 MLRS MODS........................ 0 39,019
Transfer back to base funding [39,019]
23 HIMARS MODIFICATIONS............. 0 12,483
Transfer back to base funding [12,483]
SPARES AND REPAIR PARTS
24 SPARES AND REPAIR PARTS.......... 0 26,444
Transfer back to base funding [26,444]
SUPPORT EQUIPMENT & FACILITIES
25 AIR DEFENSE TARGETS.............. 0 10,593
Transfer back to base funding [10,593]
TOTAL MISSILE PROCUREMENT, ARMY.. 0 3,863,497
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
2 ARMORED MULTI PURPOSE VEHICLE 264,040 264,040
(AMPV)..........................
MODIFICATION OF TRACKED COMBAT
VEHICLES
3 STRYKER (MOD).................... 144,387 393,587
UPL Stryker lethality 30 mm [249,200]
cannon.......................
4 STRYKER UPGRADE.................. 550,000 550,000
5 BRADLEY PROGRAM (MOD)............ 638,781 598,781
Excess to need due to [-40,000]
termination of subprogram....
6 M109 FOV MODIFICATIONS........... 25,756 25,756
7 PALADIN INTEGRATED MANAGEMENT 553,425 553,425
(PIM)...........................
9 ASSAULT BRIDGE (MOD)............. 2,821 2,821
10 ASSAULT BREACHER VEHICLE......... 31,697 31,697
11 M88 FOV MODS..................... 4,500 4,500
12 JOINT ASSAULT BRIDGE............. 205,517 205,517
13 M1 ABRAMS TANK (MOD)............. 348,800 348,800
14 ABRAMS UPGRADE PROGRAM........... 1,752,784 1,717,784
Early to need................ [-35,000]
WEAPONS & OTHER COMBAT VEHICLES
16 MULTI-ROLE ANTI-ARMOR ANTI- 19,420 19,420
PERSONNEL WEAPON S..............
[[Page S3966]]
17 GUN AUTOMATIC 30MM M230.......... 20,000 20,000
19 MORTAR SYSTEMS................... 14,907 14,907
20 XM320 GRENADE LAUNCHER MODULE 191 191
(GLM)...........................
21 PRECISION SNIPER RIFLE........... 7,977 7,977
22 COMPACT SEMI-AUTOMATIC SNIPER 9,860 9,860
SYSTEM..........................
23 CARBINE.......................... 30,331 30,331
24 SMALL ARMS--FIRE CONTROL......... 8,060 8,060
25 COMMON REMOTELY OPERATED WEAPONS 24,007 24,007
STATION.........................
26 HANDGUN.......................... 6,174 6,174
MOD OF WEAPONS AND OTHER COMBAT
VEH
28 MK-19 GRENADE MACHINE GUN MODS... 3,737 3,737
29 M777 MODS........................ 2,367 2,367
30 M4 CARBINE MODS.................. 17,595 17,595
33 M240 MEDIUM MACHINE GUN MODS..... 8,000 8,000
34 SNIPER RIFLES MODIFICATIONS...... 2,426 2,426
35 M119 MODIFICATIONS............... 6,269 6,269
36 MORTAR MODIFICATION.............. 1,693 1,693
37 MODIFICATIONS LESS THAN $5.0M 4,327 4,327
(WOCV-WTCV).....................
SUPPORT EQUIPMENT & FACILITIES
38 ITEMS LESS THAN $5.0M (WOCV-WTCV) 3,066 3,066
39 PRODUCTION BASE SUPPORT (WOCV- 2,651 2,651
WTCV)...........................
TOTAL PROCUREMENT OF W&TCV, ARMY. 4,715,566 4,889,766
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES........... 0 68,949
Transfer back to base funding [68,949]
2 CTG, 7.62MM, ALL TYPES........... 0 114,228
Transfer back to base funding [114,228]
3 CTG, HANDGUN, ALL TYPES.......... 0 17,807
Transfer back to base funding [17,807]
4 CTG, .50 CAL, ALL TYPES.......... 0 63,966
Transfer back to base funding [63,966]
5 CTG, 20MM, ALL TYPES............. 0 35,920
Transfer back to base funding [35,920]
6 CTG, 25MM, ALL TYPES............. 0 8,990
Transfer back to base funding [8,990]
7 CTG, 30MM, ALL TYPES............. 0 68,813
Transfer back to base funding [68,813]
8 CTG, 40MM, ALL TYPES............. 0 103,952
Transfer back to base funding [103,952]
MORTAR AMMUNITION
9 60MM MORTAR, ALL TYPES........... 0 50,580
Transfer back to base funding [50,580]
10 81MM MORTAR, ALL TYPES........... 0 59,373
Transfer back to base funding [59,373]
11 120MM MORTAR, ALL TYPES.......... 0 125,452
Transfer back to base funding [125,452]
TANK AMMUNITION
12 CARTRIDGES, TANK, 105MM AND 0 171,284
120MM, ALL TYPES................
Transfer back to base funding [171,284]
ARTILLERY AMMUNITION
13 ARTILLERY CARTRIDGES, 75MM & 0 44,675
105MM, ALL TYPES................
Transfer back to base funding [44,675]
14 ARTILLERY PROJECTILE, 155MM, ALL 0 266,037
TYPES...........................
Transfer back to base funding [266,037]
15 PROJ 155MM EXTENDED RANGE M982... 0 57,434
Transfer back to base funding [57,434]
16 ARTILLERY PROPELLANTS, FUZES AND 0 271,602
PRIMERS, ALL....................
Transfer back to base funding [271,602]
MINES
17 MINES & CLEARING CHARGES, ALL 0 55,433
TYPES...........................
Transfer back to base funding [55,433]
ROCKETS
18 SHOULDER LAUNCHED MUNITIONS, ALL 0 74,878
TYPES...........................
Transfer back to base funding [74,878]
19 ROCKET, HYDRA 70, ALL TYPES...... 0 175,994
Transfer back to base funding [175,994]
OTHER AMMUNITION
20 CAD/PAD, ALL TYPES............... 0 7,595
Transfer back to base funding [7,595]
21 DEMOLITION MUNITIONS, ALL TYPES.. 0 51,651
Transfer back to base funding [51,651]
22 GRENADES, ALL TYPES.............. 0 40,592
Transfer back to base funding [40,592]
23 SIGNALS, ALL TYPES............... 0 18,609
Transfer back to base funding [18,609]
24 SIMULATORS, ALL TYPES............ 0 16,054
Transfer back to base funding [16,054]
MISCELLANEOUS
25 AMMO COMPONENTS, ALL TYPES....... 0 5,261
Transfer back to base funding [5,261]
26 NON-LETHAL AMMUNITION, ALL TYPES. 0 715
Transfer back to base funding [715]
27 ITEMS LESS THAN $5 MILLION (AMMO) 0 9,213
Transfer back to base funding [9,213]
28 AMMUNITION PECULIAR EQUIPMENT.... 0 10,044
Transfer back to base funding [10,044]
29 FIRST DESTINATION TRANSPORTATION 0 18,492
(AMMO)..........................
Transfer back to base funding [18,492]
30 CLOSEOUT LIABILITIES............. 0 99
Transfer back to base funding [99]
PRODUCTION BASE SUPPORT
31 INDUSTRIAL FACILITIES............ 0 474,511
Transfer back to base funding [474,511]
32 CONVENTIONAL MUNITIONS 0 202,512
DEMILITARIZATION................
Transfer back to base funding [202,512]
33 ARMS INITIATIVE.................. 0 3,833
Transfer back to base funding [3,833]
TOTAL PROCUREMENT OF AMMUNITION, 0 2,694,548
ARMY............................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 TACTICAL TRAILERS/DOLLY SETS..... 12,993 12,993
2 SEMITRAILERS, FLATBED:........... 102,386 102,386
3 AMBULANCE, 4 LITTER, 5/4 TON, 4X4 127,271 127,271
4 GROUND MOBILITY VEHICLES (GMV)... 37,038 37,038
6 JOINT LIGHT TACTICAL VEHICLE..... 996,007 956,507
Army requested realignment... [-4,500]
Early to need................ [-35,000]
7 TRUCK, DUMP, 20T (CCE)........... 10,838 10,838
8 FAMILY OF MEDIUM TACTICAL VEH 72,057 72,057
(FMTV)..........................
9 FIRETRUCKS & ASSOCIATED 28,048 28,048
FIREFIGHTING EQUIP..............
10 FAMILY OF HEAVY TACTICAL VEHICLES 9,969 9,969
(FHTV)..........................
11 PLS ESP.......................... 6,280 6,280
12 HVY EXPANDED MOBILE TACTICAL 30,841 30,841
TRUCK EXT SERV..................
13 HMMWV RECAPITALIZATION PROGRAM... 5,734 5,734
14 TACTICAL WHEELED VEHICLE 45,113 45,113
PROTECTION KITS.................
15 MODIFICATION OF IN SVC EQUIP..... 58,946 58,946
NON-TACTICAL VEHICLES
17 HEAVY ARMORED VEHICLE............ 791 791
18 PASSENGER CARRYING VEHICLES...... 1,416 1,416
19 NONTACTICAL VEHICLES, OTHER...... 29,891 29,891
COMM--JOINT COMMUNICATIONS
21 SIGNAL MODERNIZATION PROGRAM..... 153,933 153,933
22 TACTICAL NETWORK TECHNOLOGY MOD 387,439 387,439
IN SVC..........................
23 SITUATION INFORMATION TRANSPORT.. 46,693 46,693
25 JCSE EQUIPMENT (USRDECOM)........ 5,075 5,075
COMM--SATELLITE COMMUNICATIONS
28 DEFENSE ENTERPRISE WIDEBAND 101,189 101,189
SATCOM SYSTEMS..................
29 TRANSPORTABLE TACTICAL COMMAND 77,141 77,141
COMMUNICATIONS..................
30 SHF TERM......................... 16,054 16,054
31 ASSURED POSITIONING, NAVIGATION 41,074 41,074
AND TIMING......................
32 SMART-T (SPACE).................. 10,515 10,515
33 GLOBAL BRDCST SVC--GBS........... 11,800 11,800
34 ENROUTE MISSION COMMAND (EMC).... 8,609 8,609
COMM--C3 SYSTEM
38 COE TACTICAL SERVER 77,533 77,533
INFRASTRUCTURE (TSI)............
COMM--COMBAT COMMUNICATIONS
39 HANDHELD MANPACK SMALL FORM FIT 468,026 468,026
(HMS)...........................
40 RADIO TERMINAL SET, MIDS LVT(2).. 23,778 23,778
44 SPIDER FAMILY OF NETWORKED 10,930 10,930
MUNITIONS INCR..................
46 UNIFIED COMMAND SUITE............ 9,291 9,291
47 COTS COMMUNICATIONS EQUIPMENT.... 55,630 55,630
48 FAMILY OF MED COMM FOR COMBAT 16,590 16,590
CASUALTY CARE...................
49 ARMY COMMUNICATIONS & ELECTRONICS 43,457 43,457
COMM--INTELLIGENCE COMM
51 CI AUTOMATION ARCHITECTURE (MIP). 10,470 10,470
52 DEFENSE MILITARY DECEPTION 3,704 3,704
INITIATIVE......................
INFORMATION SECURITY
53 FAMILY OF BIOMETRICS............. 1,000 1,000
54 INFORMATION SYSTEM SECURITY 3,600 3,600
PROGRAM-ISSP....................
55 COMMUNICATIONS SECURITY (COMSEC). 160,899 160,899
56 DEFENSIVE CYBER OPERATIONS....... 61,962 61,962
57 INSIDER THREAT PROGRAM--UNIT 756 756
ACTIVITY MONITO.................
58 PERSISTENT CYBER TRAINING 3,000 3,000
ENVIRONMENT.....................
COMM--LONG HAUL COMMUNICATIONS
59 BASE SUPPORT COMMUNICATIONS...... 31,770 31,770
COMM--BASE COMMUNICATIONS
60 INFORMATION SYSTEMS.............. 159,009 159,009
61 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION PROGRAM...........
62 HOME STATION MISSION COMMAND 47,174 47,174
CENTERS (HSMCC).................
[[Page S3967]]
63 INSTALLATION INFO INFRASTRUCTURE 297,994 297,994
MOD PROGRAM.....................
ELECT EQUIP--TACT INT REL ACT
(TIARA)
66 JTT/CIBS-M (MIP)................. 7,686 7,686
68 DCGS-A (MIP)..................... 180,350 180,350
70 TROJAN (MIP)..................... 17,368 17,368
71 MOD OF IN-SVC EQUIP (INTEL SPT) 59,052 59,052
(MIP)...........................
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
77 LIGHTWEIGHT COUNTER MORTAR RADAR. 5,400 5,400
78 EW PLANNING & MANAGEMENT TOOLS 7,568 7,568
(EWPMT).........................
79 AIR VIGILANCE (AV) (MIP)......... 8,953 8,953
81 MULTI-FUNCTION ELECTRONIC WARFARE 6,420 6,420
(MFEW) SYST.....................
83 COUNTERINTELLIGENCE/SECURITY 501 501
COUNTERMEASURES.................
84 CI MODERNIZATION (MIP)........... 121 121
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
85 SENTINEL MODS.................... 115,210 115,210
86 NIGHT VISION DEVICES............. 236,604 236,604
88 SMALL TACTICAL OPTICAL RIFLE 22,623 22,623
MOUNTED MLRF....................
90 INDIRECT FIRE PROTECTION FAMILY 29,127 29,127
OF SYSTEMS......................
91 FAMILY OF WEAPON SIGHTS (FWS).... 120,883 120,883
94 JOINT BATTLE COMMAND--PLATFORM 265,667 265,667
(JBC-P).........................
95 JOINT EFFECTS TARGETING SYSTEM 69,720 69,720
(JETS)..........................
96 MOD OF IN-SVC EQUIP (LLDR)....... 6,044 6,044
97 COMPUTER BALLISTICS: LHMBC XM32.. 3,268 3,268
98 MORTAR FIRE CONTROL SYSTEM....... 13,199 13,199
99 MORTAR FIRE CONTROL SYSTEMS 10,000 10,000
MODIFICATIONS...................
100 COUNTERFIRE RADARS............... 16,416 78,916
UPL Retrofits systems with [62,500]
GaN tech for ER..............
ELECT EQUIP--TACTICAL C2 SYSTEMS
102 FIRE SUPPORT C2 FAMILY........... 13,197 13,197
103 AIR & MSL DEFENSE PLANNING & 24,730 24,730
CONTROL SYS.....................
104 IAMD BATTLE COMMAND SYSTEM....... 29,629 29,629
105 LIFE CYCLE SOFTWARE SUPPORT 6,774 6,774
(LCSS)..........................
106 NETWORK MANAGEMENT INITIALIZATION 24,448 24,448
AND SERVICE.....................
107 MANEUVER CONTROL SYSTEM (MCS).... 260 260
108 GLOBAL COMBAT SUPPORT SYSTEM-ARMY 17,962 17,962
(GCSS-A)........................
109 INTEGRATED PERSONNEL AND PAY 18,674 0
SYSTEM-ARMY (IPP................
Poor business process [-18,674]
reengineering................
110 RECONNAISSANCE AND SURVEYING 11,000 11,000
INSTRUMENT SET..................
111 MOD OF IN-SVC EQUIPMENT (ENFIRE). 7,317 7,317
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING MODERNIZATION...... 14,578 14,578
113 AUTOMATED DATA PROCESSING EQUIP.. 139,342 147,342
JIOCEUR at RAF Molesworth.... [8,000]
114 GENERAL FUND ENTERPRISE BUSINESS 15,802 15,802
SYSTEMS FAM.....................
115 HIGH PERF COMPUTING MOD PGM 67,610 67,610
(HPCMP).........................
116 CONTRACT WRITING SYSTEM.......... 15,000 0
Program duplication.......... [-15,000]
117 CSS COMMUNICATIONS............... 24,700 24,700
118 RESERVE COMPONENT AUTOMATION SYS 27,879 27,879
(RCAS)..........................
ELECT EQUIP--AUDIO VISUAL SYS (A/
V)
120 ITEMS LESS THAN $5M (SURVEYING 5,000 5,000
EQUIPMENT)......................
ELECT EQUIP--SUPPORT
122 BCT EMERGING TECHNOLOGIES........ 22,302 22,302
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 3,710 11,910
Transfer back to base funding [8,200]
CHEMICAL DEFENSIVE EQUIPMENT
126 CBRN DEFENSE..................... 25,828 25,828
127 SMOKE & OBSCURANT FAMILY: SOF 5,050 5,050
(NON AAO ITEM)..................
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING................ 59,821 59,821
129 TACTICAL BRIDGE, FLOAT-RIBBON.... 57,661 57,661
130 BRIDGE SUPPLEMENTAL SET.......... 17,966 17,966
131 COMMON BRIDGE TRANSPORTER (CBT) 43,155 43,155
RECAP...........................
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF MINEFIELD 7,570 7,570
DETECTION SYS-HST...............
133 GRND STANDOFF MINE DETECTN SYSM 37,025 37,025
(GSTAMIDS)......................
135 HUSKY MOUNTED DETECTION SYSTEM 83,082 83,082
(HMDS)..........................
136 ROBOTIC COMBAT SUPPORT SYSTEM 2,000 2,000
(RCSS)..........................
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION................
138 ROBOTICS AND APPLIQUE SYSTEMS.... 101,056 113,856
Army requested realignment... [12,800]
140 RENDER SAFE SETS KITS OUTFITS.... 18,684 18,684
142 FAMILY OF BOATS AND MOTORS....... 8,245 8,245
COMBAT SERVICE SUPPORT EQUIPMENT
143 HEATERS AND ECU'S................ 7,336 7,336
145 PERSONNEL RECOVERY SUPPORT SYSTEM 4,281 4,281
(PRSS)..........................
146 GROUND SOLDIER SYSTEM............ 111,955 111,955
147 MOBILE SOLDIER POWER............. 31,364 31,364
149 FIELD FEEDING EQUIPMENT.......... 1,673 1,673
150 CARGO AERIAL DEL & PERSONNEL 43,622 43,622
PARACHUTE SYSTEM................
151 FAMILY OF ENGR COMBAT AND 11,451 11,451
CONSTRUCTION SETS...............
152 ITEMS LESS THAN $5M (ENG SPT).... 5,167 5,167
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, PETROLEUM & 74,867 74,867
WATER...........................
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL........... 68,225 68,225
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE EQUIPMENT 55,053 55,053
SYSTEMS.........................
157 ITEMS LESS THAN $5.0M (MAINT EQ). 5,608 5,608
CONSTRUCTION EQUIPMENT
161 HYDRAULIC EXCAVATOR.............. 500 500
162 TRACTOR, FULL TRACKED............ 4,835 4,835
163 ALL TERRAIN CRANES............... 23,936 23,936
164 HIGH MOBILITY ENGINEER EXCAVATOR 27,188 27,188
(HMEE)..........................
166 CONST EQUIP ESP.................. 34,790 34,790
167 ITEMS LESS THAN $5.0M (CONST 4,381 4,381
EQUIP)..........................
RAIL FLOAT CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.............. 35,194 35,194
169 MANEUVER SUPPORT VESSEL (MSV).... 14,185 14,185
170 ITEMS LESS THAN $5.0M (FLOAT/ 6,920 6,920
RAIL)...........................
GENERATORS
171 GENERATORS AND ASSOCIATED EQUIP.. 58,566 58,566
172 TACTICAL ELECTRIC POWER 14,814 14,814
RECAPITALIZATION................
MATERIAL HANDLING EQUIPMENT
173 FAMILY OF FORKLIFTS.............. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING CENTERS SUPPORT.. 123,411 123,411
175 TRAINING DEVICES, NONSYSTEM...... 220,707 220,707
176 SYNTHETIC TRAINING ENVIRONMENT 20,749 20,749
(STE)...........................
178 AVIATION COMBINED ARMS TACTICAL 4,840 4,840
TRAINER.........................
179 GAMING TECHNOLOGY IN SUPPORT OF 15,463 15,463
ARMY TRAINING...................
TEST MEASURE AND DIG EQUIPMENT
(TMD)
180 CALIBRATION SETS EQUIPMENT....... 3,030 3,030
181 INTEGRATED FAMILY OF TEST 76,980 76,980
EQUIPMENT (IFTE)................
182 TEST EQUIPMENT MODERNIZATION 16,415 16,415
(TEMOD).........................
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER SUPPORT 9,877 9,877
EQUIPMENT.......................
185 PHYSICAL SECURITY SYSTEMS (OPA3). 82,158 82,158
186 BASE LEVEL COMMON EQUIPMENT...... 15,340 15,340
187 MODIFICATION OF IN-SVC EQUIPMENT 50,458 50,458
(OPA-3).........................
189 BUILDING, PRE-FAB, RELOCATABLE... 14,400 14,400
190 SPECIAL EQUIPMENT FOR USER 9,821 9,821
TESTING.........................
OPA2
192 INITIAL SPARES--C&E.............. 9,757 9,757
TOTAL OTHER PROCUREMENT, ARMY.... 7,443,101 7,461,427
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A-18E/F (FIGHTER) HORNET....... 1,748,934 1,748,934
2 F/A-18E/F (FIGHTER) HORNET AP.... 55,128 55,128
3 JOINT STRIKE FIGHTER CV.......... 2,272,301 2,487,301
UPL USMC additional [215,000]
quantities...................
4 JOINT STRIKE FIGHTER CV AP....... 339,053 339,053
5 JSF STOVL........................ 1,342,035 1,591,135
UPL USMC additional [249,100]
quantities...................
6 JSF STOVL AP..................... 291,804 291,804
7 CH-53K (HEAVY LIFT).............. 807,876 807,876
8 CH-53K (HEAVY LIFT) AP........... 215,014 215,014
9 V-22 (MEDIUM LIFT)............... 966,666 966,666
10 V-22 (MEDIUM LIFT) AP............ 27,104 27,104
11 H-1 UPGRADES (UH-1Y/AH-1Z)....... 62,003 62,003
13 MH-60R (MYP)..................... 894 894
14 P-8A POSEIDON.................... 1,206,701 1,206,701
16 E-2D ADV HAWKEYE................. 744,484 744,484
17 E-2D ADV HAWKEYE AP.............. 190,204 190,204
TRAINER AIRCRAFT
19 ADVANCED HELICOPTER TRAINING 261,160 261,160
SYSTEM..........................
OTHER AIRCRAFT
20 KC-130J.......................... 240,840 240,840
21 KC-130J AP....................... 66,061 66,061
22 F-5.............................. 39,676 0
Program cancellation......... [-39,676]
23 MQ-4 TRITON...................... 473,134 473,134
24 MQ-4 TRITON AP................... 20,139 20,139
25 MQ-8 UAV......................... 44,957 44,957
26 STUASL0 UAV...................... 43,819 43,819
28 VH-92A EXECUTIVE HELO............ 658,067 658,067
MODIFICATION OF AIRCRAFT
29 AEA SYSTEMS...................... 44,470 44,470
30 AV-8 SERIES...................... 39,472 39,472
31 ADVERSARY........................ 3,415 3,415
32 F-18 SERIES...................... 1,207,089 1,207,089
33 H-53 SERIES...................... 68,385 68,385
34 MH-60 SERIES..................... 149,797 149,797
35 H-1 SERIES....................... 114,059 114,059
36 EP-3 SERIES...................... 8,655 8,655
38 E-2 SERIES....................... 117,059 117,059
39 TRAINER A/C SERIES............... 5,616 5,616
40 C-2A............................. 15,747 15,747
41 C-130 SERIES..................... 122,671 122,671
42 FEWSG............................ 509 509
43 CARGO/TRANSPORT A/C SERIES....... 8,767 8,767
44 E-6 SERIES....................... 169,827 169,827
45 EXECUTIVE HELICOPTERS SERIES..... 8,933 8,933
47 T-45 SERIES...................... 186,022 186,022
48 POWER PLANT CHANGES.............. 16,136 16,136
49 JPATS SERIES..................... 21,824 21,824
50 AVIATION LIFE SUPPORT MODS....... 39,762 39,762
51 COMMON ECM EQUIPMENT............. 162,839 162,839
[[Page S3968]]
52 COMMON AVIONICS CHANGES.......... 102,107 102,107
53 COMMON DEFENSIVE WEAPON SYSTEM... 2,100 2,100
54 ID SYSTEMS....................... 41,437 41,437
55 P-8 SERIES....................... 107,539 107,539
56 MAGTF EW FOR AVIATION............ 26,536 26,536
57 MQ-8 SERIES...................... 34,686 34,686
58 V-22 (TILT/ROTOR ACFT) OSPREY.... 325,367 325,367
59 NEXT GENERATION JAMMER (NGJ)..... 6,223 6,223
60 F-35 STOVL SERIES................ 65,585 65,585
61 F-35 CV SERIES................... 15,358 15,358
62 QRC.............................. 165,016 165,016
63 MQ-4 SERIES...................... 27,994 27,994
64 RQ-21 SERIES..................... 66,282 66,282
AIRCRAFT SPARES AND REPAIR PARTS
67 SPARES AND REPAIR PARTS.......... 2,166,788 2,235,088
F-35B spares................. [14,900]
F-35C spares................. [24,600]
UPL F-35B engine............. [28,800]
AIRCRAFT SUPPORT EQUIP &
FACILITIES
68 COMMON GROUND EQUIPMENT.......... 491,025 491,025
69 AIRCRAFT INDUSTRIAL FACILITIES... 71,335 71,335
70 WAR CONSUMABLES.................. 41,086 41,086
72 SPECIAL SUPPORT EQUIPMENT........ 135,740 135,740
73 FIRST DESTINATION TRANSPORTATION. 892 892
TOTAL AIRCRAFT PROCUREMENT, NAVY. 18,522,204 19,014,928
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS.................. 0 1,177,251
Transfer back to base funding [1,177,251]
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES.... 0 7,142
Transfer back to base funding [7,142]
STRATEGIC MISSILES
3 TOMAHAWK......................... 0 330,430
Transfer back to base funding [386,730]
Unjustified tooling and [-56,300]
facilitization costs.........
TACTICAL MISSILES
4 AMRAAM........................... 0 224,502
Transfer back to base funding [224,502]
5 SIDEWINDER....................... 0 119,456
Transfer back to base funding [119,456]
7 STANDARD MISSILE................. 0 404,523
Transfer back to base funding [404,523]
8 STANDARD MISSILE AP.............. 0 96,085
Transfer back to base funding [96,085]
9 SMALL DIAMETER BOMB II........... 0 118,466
Transfer back to base funding [118,466]
10 RAM.............................. 0 106,765
Transfer back to base funding [106,765]
12 HELLFIRE......................... 0 1,525
Transfer back to base funding [1,525]
15 AERIAL TARGETS................... 0 145,880
Transfer back to base funding [145,880]
16 DRONES AND DECOYS................ 0 20,000
Transfer back to base funding [20,000]
17 OTHER MISSILE SUPPORT............ 0 3,388
Transfer back to base funding [3,388]
18 LRASM............................ 0 143,200
Transfer back to base funding [143,200]
19 LCS OTH MISSILE.................. 0 18,137
Transfer back to base funding [38,137]
Unjustified accelerated [-20,000]
acquisition strategy.........
MODIFICATION OF MISSILES
20 ESSM............................. 0 128,059
Transfer back to base funding [128,059]
21 HARPOON MODS..................... 0 25,447
Transfer back to base funding [25,447]
22 HARM MODS........................ 0 183,740
Transfer back to base funding [183,740]
23 STANDARD MISSILES MODS........... 0 22,500
Transfer back to base funding [22,500]
SUPPORT EQUIPMENT & FACILITIES
24 WEAPONS INDUSTRIAL FACILITIES.... 0 1,958
Transfer back to base funding [1,958]
25 FLEET SATELLITE COMM FOLLOW-ON... 0 67,380
Transfer back to base funding [67,380]
ORDNANCE SUPPORT EQUIPMENT
27 ORDNANCE SUPPORT EQUIPMENT....... 0 109,427
Transfer back to base funding [109,427]
TORPEDOES AND RELATED EQUIP
28 SSTD............................. 0 5,561
Transfer back to base funding [5,561]
29 MK-48 TORPEDO.................... 0 130,000
Transfer back to base funding [114,000]
UPL additional quantites..... [16,000]
30 ASW TARGETS...................... 0 15,095
Transfer back to base funding [15,095]
MOD OF TORPEDOES AND RELATED
EQUIP
31 MK-54 TORPEDO MODS............... 0 119,453
Transfer back to base funding [119,453]
32 MK-48 TORPEDO ADCAP MODS......... 0 39,508
Transfer back to base funding [39,508]
33 QUICKSTRIKE MINE................. 0 5,183
Transfer back to base funding [5,183]
SUPPORT EQUIPMENT
34 TORPEDO SUPPORT EQUIPMENT........ 0 79,028
Transfer back to base funding [79,028]
35 ASW RANGE SUPPORT................ 0 3,890
Transfer back to base funding [3,890]
DESTINATION TRANSPORTATION
36 FIRST DESTINATION TRANSPORTATION. 0 3,803
Transfer back to base funding [3,803]
GUNS AND GUN MOUNTS
37 SMALL ARMS AND WEAPONS........... 0 14,797
Transfer back to base funding [14,797]
MODIFICATION OF GUNS AND GUN
MOUNTS
38 CIWS MODS........................ 0 44,126
Transfer back to base funding [44,126]
39 COAST GUARD WEAPONS.............. 0 44,980
Transfer back to base funding [44,980]
40 GUN MOUNT MODS................... 0 66,376
Transfer back to base funding [66,376]
41 LCS MODULE WEAPONS............... 0 14,585
Transfer back to base funding [14,585]
43 AIRBORNE MINE NEUTRALIZATION 0 7,160
SYSTEMS.........................
Transfer back to base funding [7,160]
SPARES AND REPAIR PARTS
45 SPARES AND REPAIR PARTS.......... 0 126,138
Transfer back to base funding [126,138]
TOTAL WEAPONS PROCUREMENT, NAVY.. 0 4,174,944
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS............ 0 36,028
Transfer back to base funding [36,028]
2 JDAM............................. 0 70,413
Transfer back to base funding [70,413]
3 AIRBORNE ROCKETS, ALL TYPES...... 0 31,756
Transfer back to base funding [31,756]
4 MACHINE GUN AMMUNITION........... 0 4,793
Transfer back to base funding [4,793]
5 PRACTICE BOMBS................... 0 34,708
Transfer back to base funding [34,708]
6 CARTRIDGES & CART ACTUATED 0 45,738
DEVICES.........................
Transfer back to base funding [45,738]
7 AIR EXPENDABLE COUNTERMEASURES... 0 77,301
Transfer back to base funding [77,301]
8 JATOS............................ 0 7,262
Transfer back to base funding [7,262]
9 5 INCH/54 GUN AMMUNITION......... 0 22,594
Transfer back to base funding [22,594]
10 INTERMEDIATE CALIBER GUN 0 37,193
AMMUNITION......................
Transfer back to base funding [37,193]
11 OTHER SHIP GUN AMMUNITION........ 0 39,491
Transfer back to base funding [39,491]
12 SMALL ARMS & LANDING PARTY AMMO.. 0 47,896
Transfer back to base funding [47,896]
13 PYROTECHNIC AND DEMOLITION....... 0 10,621
Transfer back to base funding [10,621]
15 AMMUNITION LESS THAN $5 MILLION.. 0 2,386
Transfer back to base funding [2,386]
MARINE CORPS AMMUNITION
16 MORTARS.......................... 0 55,543
Transfer back to base funding [55,543]
17 DIRECT SUPPORT MUNITIONS......... 0 131,765
Transfer back to base funding [131,765]
18 INFANTRY WEAPONS AMMUNITION...... 0 78,056
Transfer back to base funding [78,056]
19 COMBAT SUPPORT MUNITIONS......... 0 40,048
Transfer back to base funding [40,048]
20 AMMO MODERNIZATION............... 0 14,325
Transfer back to base funding [14,325]
21 ARTILLERY MUNITIONS.............. 0 188,876
Transfer back to base funding [188,876]
22 ITEMS LESS THAN $5 MILLION....... 0 4,521
Transfer back to base funding [4,521]
[[Page S3969]]
TOTAL PROCUREMENT OF AMMO, NAVY & 0 981,314
MC..............................
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE AP.... 1,698,907 1,823,907
Submarine industrial base [125,000]
expansion....................
OTHER WARSHIPS
2 CARRIER REPLACEMENT PROGRAM...... 2,347,000 2,347,000
3 VIRGINIA CLASS SUBMARINE......... 7,155,946 4,691,946
Restore VPM on SSN-804....... [522,100]
SSN-812 full funding early to [-2,986,100]
need.........................
4 VIRGINIA CLASS SUBMARINE AP...... 2,769,552 4,269,552
Future Virginia-class [1,500,000]
submarine(s) with VPM........
5 CVN REFUELING OVERHAULS.......... 647,926 597,926
CVN-74 RCOH unjustified cost [-50,000]
growth.......................
6 CVN REFUELING OVERHAULS AP....... 0 16,900
Restore CVN-75 RCOH.......... [16,900]
7 DDG 1000......................... 155,944 155,944
8 DDG-51........................... 5,099,295 5,079,295
Available prior year funds... [-20,000]
9 DDG-51 AP........................ 224,028 484,028
Accelerate LLTM for FY21 [260,000]
Flight III destroyers........
11 FFG-FRIGATE...................... 1,281,177 1,281,177
AMPHIBIOUS SHIPS
12 LPD FLIGHT II.................... 0 525,000
LPD-31 program increase...... [277,900]
Transfer from SCN line 13.... [247,100]
13 LPD FLIGHT II AP................. 247,100 0
Transfer to SCN line 12...... [-247,100]
15 LHA REPLACEMENT.................. 0 650,000
LHA-9 program increase....... [650,000]
AUXILIARIES, CRAFT AND PRIOR YR
PROGRAM COST
18 TAO FLEET OILER.................. 981,215 981,215
19 TAO FLEET OILER AP............... 73,000 73,000
20 TOWING, SALVAGE, AND RESCUE SHIP 150,282 150,282
(ATS)...........................
22 LCU 1700......................... 85,670 85,670
23 OUTFITTING....................... 754,679 704,679
Early to need and unjustified [-50,000]
cost growth..................
25 SERVICE CRAFT.................... 56,289 81,789
Accelerate YP-703 Flight II.. [25,500]
28 COMPLETION OF PY SHIPBUILDING 55,700 104,700
PROGRAMS........................
UPL EPF-14 conversion........ [49,000]
29 SHIP TO SHORE CONNECTOR AP....... 0 40,400
Program increase............. [40,400]
TOTAL SHIPBUILDING AND 23,783,710 24,144,410
CONVERSION, NAVY................
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT.......... 14,490 14,490
GENERATORS
2 SURFACE COMBATANT HM&E........... 31,583 50,583
UPL DDG-51 class HM&E [19,000]
upgrades.....................
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT....... 77,404 77,404
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND SUPT 160,803 160,803
EQUIP PROG......................
5 DDG MOD.......................... 566,140 566,140
6 FIREFIGHTING EQUIPMENT........... 18,223 18,223
7 COMMAND AND CONTROL SWITCHBOARD.. 2,086 2,086
8 LHA/LHD MIDLIFE.................. 95,651 95,651
9 POLLUTION CONTROL EQUIPMENT...... 23,910 23,910
10 SUBMARINE SUPPORT EQUIPMENT...... 44,895 44,895
11 VIRGINIA CLASS SUPPORT EQUIPMENT. 28,465 28,465
12 LCS CLASS SUPPORT EQUIPMENT...... 19,426 19,426
13 SUBMARINE BATTERIES.............. 26,290 26,290
14 LPD CLASS SUPPORT EQUIPMENT...... 46,945 46,945
15 DDG 1000 CLASS SUPPORT EQUIPMENT. 9,930 9,930
16 STRATEGIC PLATFORM SUPPORT EQUIP. 14,331 14,331
17 DSSP EQUIPMENT................... 2,909 2,909
18 CG MODERNIZATION................. 193,990 193,990
19 LCAC............................. 3,392 3,392
20 UNDERWATER EOD PROGRAMS.......... 71,240 82,240
Program increase for four [11,000]
ExMCM companies..............
21 ITEMS LESS THAN $5 MILLION....... 102,543 102,543
22 CHEMICAL WARFARE DETECTORS....... 2,961 2,961
23 SUBMARINE LIFE SUPPORT SYSTEM.... 6,635 6,635
REACTOR PLANT EQUIPMENT
24 REACTOR POWER UNITS.............. 5,340 5,340
25 REACTOR COMPONENTS............... 465,726 465,726
OCEAN ENGINEERING
26 DIVING AND SALVAGE EQUIPMENT..... 11,854 11,854
SMALL BOATS
27 STANDARD BOATS................... 79,102 79,102
PRODUCTION FACILITIES EQUIPMENT
28 OPERATING FORCES IPE............. 202,238 202,238
OTHER SHIP SUPPORT
29 LCS COMMON MISSION MODULES 51,553 51,553
EQUIPMENT.......................
30 LCS MCM MISSION MODULES.......... 197,129 67,329
Procurement ahead of [-129,800]
satisfactory testing.........
31 LCS ASW MISSION MODULES.......... 27,754 27,754
32 LCS SUW MISSION MODULES.......... 26,566 26,566
33 LCS IN-SERVICE MODERNIZATION..... 84,972 84,972
34 SMALL & MEDIUM UUV............... 40,547 10,647
Knifefish procurement ahead [-29,900]
of satisfactory testing......
LOGISTIC SUPPORT
35 LSD MIDLIFE & MODERNIZATION...... 40,269 40,269
SHIP SONARS
36 SPQ-9B RADAR..................... 26,195 26,195
37 AN/SQQ-89 SURF ASW COMBAT SYSTEM. 125,237 125,237
38 SSN ACOUSTIC EQUIPMENT........... 366,968 366,968
39 UNDERSEA WARFARE SUPPORT 8,967 8,967
EQUIPMENT.......................
ASW ELECTRONIC EQUIPMENT
40 SUBMARINE ACOUSTIC WARFARE SYSTEM 23,545 23,545
41 SSTD............................. 12,439 12,439
42 FIXED SURVEILLANCE SYSTEM........ 128,441 128,441
43 SURTASS.......................... 21,923 21,923
ELECTRONIC WARFARE EQUIPMENT
44 AN/SLQ-32........................ 420,154 358,154
Early to need................ [-62,000]
RECONNAISSANCE EQUIPMENT
45 SHIPBOARD IW EXPLOIT............. 194,758 202,758
UPL SSEE expansion on Flight [8,000]
I DDGs.......................
46 AUTOMATED IDENTIFICATION SYSTEM 5,368 5,368
(AIS)...........................
OTHER SHIP ELECTRONIC EQUIPMENT
47 COOPERATIVE ENGAGEMENT CAPABILITY 35,128 35,128
48 NAVAL TACTICAL COMMAND SUPPORT 15,154 15,154
SYSTEM (NTCSS)..................
49 ATDLS............................ 52,753 52,753
50 NAVY COMMAND AND CONTROL SYSTEM 3,390 3,390
(NCCS)..........................
51 MINESWEEPING SYSTEM REPLACEMENT.. 19,448 19,448
52 SHALLOW WATER MCM................ 8,730 8,730
53 NAVSTAR GPS RECEIVERS (SPACE).... 32,674 32,674
54 AMERICAN FORCES RADIO AND TV 2,617 2,617
SERVICE.........................
55 STRATEGIC PLATFORM SUPPORT EQUIP. 7,973 7,973
AVIATION ELECTRONIC EQUIPMENT
56 ASHORE ATC EQUIPMENT............. 72,406 72,406
57 AFLOAT ATC EQUIPMENT............. 67,410 67,410
58 ID SYSTEMS....................... 26,059 26,059
59 JOINT PRECISION APPROACH AND 92,695 92,695
LANDING SYSTEM (................
60 NAVAL MISSION PLANNING SYSTEMS... 15,296 15,296
OTHER SHORE ELECTRONIC EQUIPMENT
61 TACTICAL/MOBILE C4I SYSTEMS...... 36,226 36,226
62 DCGS-N........................... 21,788 21,788
63 CANES............................ 426,654 426,654
64 RADIAC........................... 6,450 6,450
65 CANES-INTELL..................... 52,713 52,713
66 GPETE............................ 13,028 13,028
67 MASF............................. 5,193 5,193
68 INTEG COMBAT SYSTEM TEST FACILITY 6,028 6,028
69 EMI CONTROL INSTRUMENTATION...... 4,209 4,209
70 ITEMS LESS THAN $5 MILLION....... 168,436 144,636
NGSSR early to need.......... [-23,800]
SHIPBOARD COMMUNICATIONS
71 SHIPBOARD TACTICAL COMMUNICATIONS 55,853 55,853
72 SHIP COMMUNICATIONS AUTOMATION... 137,861 137,861
73 COMMUNICATIONS ITEMS UNDER $5M... 35,093 35,093
SUBMARINE COMMUNICATIONS
74 SUBMARINE BROADCAST SUPPORT...... 50,833 50,833
75 SUBMARINE COMMUNICATION EQUIPMENT 69,643 69,643
SATELLITE COMMUNICATIONS
76 SATELLITE COMMUNICATIONS SYSTEMS. 45,841 45,841
77 NAVY MULTIBAND TERMINAL (NMT).... 88,021 88,021
SHORE COMMUNICATIONS
78 JOINT COMMUNICATIONS SUPPORT 4,293 4,293
ELEMENT (JCSE)..................
CRYPTOGRAPHIC EQUIPMENT
79 INFO SYSTEMS SECURITY PROGRAM 166,540 166,540
(ISSP)..........................
80 MIO INTEL EXPLOITATION TEAM...... 968 968
CRYPTOLOGIC EQUIPMENT
81 CRYPTOLOGIC COMMUNICATIONS EQUIP. 13,090 13,090
OTHER ELECTRONIC SUPPORT
83 COAST GUARD EQUIPMENT............ 61,370 61,370
SONOBUOYS
85 SONOBUOYS--ALL TYPES............. 260,644 310,644
UPL Sonobuoy increase........ [50,000]
AIRCRAFT SUPPORT EQUIPMENT
86 MINOTAUR......................... 5,000 5,000
87 WEAPONS RANGE SUPPORT EQUIPMENT.. 101,843 101,843
88 AIRCRAFT SUPPORT EQUIPMENT....... 145,601 145,601
89 ADVANCED ARRESTING GEAR (AAG).... 4,725 4,725
90 METEOROLOGICAL EQUIPMENT......... 14,687 14,687
92 LEGACY AIRBORNE MCM.............. 19,250 19,250
93 LAMPS EQUIPMENT.................. 792 792
94 AVIATION SUPPORT EQUIPMENT....... 55,415 55,415
95 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION CNTRL......
SHIP GUN SYSTEM EQUIPMENT
96 SHIP GUN SYSTEMS EQUIPMENT....... 5,451 5,451
SHIP MISSILE SYSTEMS EQUIPMENT
97 HARPOON SUPPORT EQUIPMENT........ 1,100 1,100
98 SHIP MISSILE SUPPORT EQUIPMENT... 228,104 228,104
99 TOMAHAWK SUPPORT EQUIPMENT....... 78,593 78,593
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE SYSTEMS EQUIP.. 280,510 280,510
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL SYSTEMS....... 148,547 148,547
102 ASW SUPPORT EQUIPMENT............ 21,130 21,130
OTHER ORDNANCE SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 15,244 15,244
104 ITEMS LESS THAN $5 MILLION....... 5,071 5,071
OTHER EXPENDABLE ORDNANCE
105 ANTI-SHIP MISSILE DECOY SYSTEM... 41,962 41,962
106 SUBMARINE TRAINING DEVICE MODS... 75,057 75,057
107 SURFACE TRAINING EQUIPMENT....... 233,175 233,175
CIVIL ENGINEERING SUPPORT
EQUIPMENT
108 PASSENGER CARRYING VEHICLES...... 4,562 4,562
109 GENERAL PURPOSE TRUCKS........... 10,974 10,974
[[Page S3970]]
110 CONSTRUCTION & MAINTENANCE EQUIP. 43,191 43,191
111 FIRE FIGHTING EQUIPMENT.......... 21,142 21,142
112 TACTICAL VEHICLES................ 33,432 33,432
114 POLLUTION CONTROL EQUIPMENT...... 2,633 2,633
115 ITEMS UNDER $5 MILLION........... 53,467 53,467
116 PHYSICAL SECURITY VEHICLES....... 1,173 1,173
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT................. 16,730 16,730
118 FIRST DESTINATION TRANSPORTATION. 5,389 5,389
119 SPECIAL PURPOSE SUPPLY SYSTEMS... 654,674 654,674
TRAINING DEVICES
120 TRAINING SUPPORT EQUIPMENT....... 3,633 3,633
121 TRAINING AND EDUCATION EQUIPMENT. 97,636 97,636
COMMAND SUPPORT EQUIPMENT
122 COMMAND SUPPORT EQUIPMENT........ 66,102 59,779
Program duplication.......... [-6,323]
123 MEDICAL SUPPORT EQUIPMENT........ 3,633 3,633
125 NAVAL MIP SUPPORT EQUIPMENT...... 6,097 6,097
126 OPERATING FORCES SUPPORT 16,905 16,905
EQUIPMENT.......................
127 C4ISR EQUIPMENT.................. 30,146 30,146
128 ENVIRONMENTAL SUPPORT EQUIPMENT.. 21,986 21,986
129 PHYSICAL SECURITY EQUIPMENT...... 160,046 160,046
130 ENTERPRISE INFORMATION TECHNOLOGY 56,899 56,899
OTHER
133 NEXT GENERATION ENTERPRISE 122,832 122,832
SERVICE.........................
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 16,346 16,346
SPARES AND REPAIR PARTS
134 SPARES AND REPAIR PARTS.......... 375,608 375,608
TOTAL OTHER PROCUREMENT, NAVY.... 9,652,956 9,489,133
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP....................... 39,495 39,495
2 AMPHIBIOUS COMBAT VEHICLE 1.1.... 317,935 317,935
3 LAV PIP.......................... 60,734 60,734
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED HOWITZER. 25,065 25,065
5 ARTILLERY WEAPONS SYSTEM......... 100,002 100,002
6 WEAPONS AND COMBAT VEHICLES UNDER 31,945 31,945
$5 MILLION......................
OTHER SUPPORT
7 MODIFICATION KITS................ 22,760 22,760
GUIDED MISSILES
8 GROUND BASED AIR DEFENSE......... 175,998 175,998
9 ANTI-ARMOR MISSILE-JAVELIN....... 20,207 20,207
10 FAMILY ANTI-ARMOR WEAPON SYSTEMS 21,913 21,913
(FOAAWS)........................
11 ANTI-ARMOR MISSILE-TOW........... 60,501 60,501
12 GUIDED MLRS ROCKET (GMLRS)....... 29,062 29,062
COMMAND AND CONTROL SYSTEMS
13 COMMON AVIATION COMMAND AND 37,203 37,203
CONTROL SYSTEM (C...............
REPAIR AND TEST EQUIPMENT
14 REPAIR AND TEST EQUIPMENT........ 55,156 55,156
OTHER SUPPORT (TEL)
15 MODIFICATION KITS................ 4,945 4,945
COMMAND AND CONTROL SYSTEM (NON-
TEL)
16 ITEMS UNDER $5 MILLION (COMM & 112,124 112,124
ELEC)...........................
17 AIR OPERATIONS C2 SYSTEMS........ 17,408 17,408
RADAR + EQUIPMENT (NON-TEL)
18 RADAR SYSTEMS.................... 329 329
19 GROUND/AIR TASK ORIENTED RADAR (G/ 273,022 273,022
ATOR)...........................
INTELL/COMM EQUIPMENT (NON-TEL)
21 GCSS-MC.......................... 4,484 4,484
22 FIRE SUPPORT SYSTEM.............. 35,488 35,488
23 INTELLIGENCE SUPPORT EQUIPMENT... 56,896 56,896
25 UNMANNED AIR SYSTEMS (INTEL)..... 34,711 34,711
26 DCGS-MC.......................... 32,562 32,562
OTHER SUPPORT (NON-TEL)
30 NEXT GENERATION ENTERPRISE 114,901 114,901
NETWORK (NGEN)..................
31 COMMON COMPUTER RESOURCES........ 51,094 51,094
32 COMMAND POST SYSTEMS............. 108,897 108,897
33 RADIO SYSTEMS.................... 227,320 227,320
34 COMM SWITCHING & CONTROL SYSTEMS. 31,685 31,685
35 COMM & ELEC INFRASTRUCTURE 21,140 21,140
SUPPORT.........................
36 CYBERSPACE ACTIVITIES............ 27,632 27,632
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 5,535 5,535
ADMINISTRATIVE VEHICLES
37 COMMERCIAL CARGO VEHICLES........ 28,913 28,913
TACTICAL VEHICLES
38 MOTOR TRANSPORT MODIFICATIONS.... 19,234 19,234
39 JOINT LIGHT TACTICAL VEHICLE..... 558,107 558,107
40 FAMILY OF TACTICAL TRAILERS...... 2,693 2,693
ENGINEER AND OTHER EQUIPMENT
41 ENVIRONMENTAL CONTROL EQUIP 495 495
ASSORT..........................
42 TACTICAL FUEL SYSTEMS............ 52 52
43 POWER EQUIPMENT ASSORTED......... 22,441 22,441
44 AMPHIBIOUS SUPPORT EQUIPMENT..... 7,101 7,101
45 EOD SYSTEMS...................... 44,700 44,700
MATERIALS HANDLING EQUIPMENT
46 PHYSICAL SECURITY EQUIPMENT...... 15,404 15,404
GENERAL PROPERTY
47 FIELD MEDICAL EQUIPMENT.......... 2,898 2,898
48 TRAINING DEVICES................. 149,567 149,567
49 FAMILY OF CONSTRUCTION EQUIPMENT. 35,622 35,622
50 ULTRA-LIGHT TACTICAL VEHICLE 647 647
(ULTV)..........................
OTHER SUPPORT
51 ITEMS LESS THAN $5 MILLION....... 10,956 10,956
SPARES AND REPAIR PARTS
52 SPARES AND REPAIR PARTS.......... 33,470 33,470
TOTAL PROCUREMENT, MARINE CORPS.. 3,090,449 3,090,449
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
1 F-35............................. 4,274,359 5,364,359
UPL additional quantities.... [1,090,000]
2 F-35 AP.......................... 655,500 811,500
UPL increase................. [156,000]
3 F-15E............................ 1,050,000 888,000
NRE cost on a non- [-162,000]
developmental A/C............
TACTICAL AIRLIFT
5 KC-46A MDAP...................... 2,234,529 2,705,529
UPL additional quantities.... [471,000]
OTHER AIRLIFT
6 C-130J........................... 12,156 12,156
8 MC-130J.......................... 871,207 871,207
9 MC-130J AP....................... 40,000 40,000
HELICOPTERS
10 COMBAT RESCUE HELICOPTER......... 884,235 884,235
MISSION SUPPORT AIRCRAFT
11 C-37A............................ 161,000 161,000
12 CIVIL AIR PATROL A/C............. 2,767 2,767
OTHER AIRCRAFT
14 TARGET DRONES.................... 130,837 130,837
15 COMPASS CALL..................... 114,095 114,095
17 MQ-9............................. 189,205 189,205
STRATEGIC AIRCRAFT
19 B-2A............................. 9,582 9,582
20 B-1B............................. 22,111 22,111
21 B-52............................. 69,648 69,648
22 LARGE AIRCRAFT INFRARED 43,758 43,758
COUNTERMEASURES.................
TACTICAL AIRCRAFT
23 A-10............................. 132,069 132,069
24 E-11 BACN/HAG.................... 70,027 70,027
25 F-15............................. 481,073 328,073
ADCP unnecessary due to F-15X [-75,100]
IFF unnecessary due to F-15X. [-29,600]
Longerons unnecessary due to [-24,600]
F-15X........................
Radar unnecessary due to F- [-23,700]
15X..........................
26 F-16............................. 234,782 309,782
Additional radars............ [75,000]
28 F-22A............................ 323,597 323,597
30 F-35 MODIFICATIONS............... 343,590 343,590
31 F-15 EPAW........................ 149,047 81,847
Not required because of F-15X [-67,200]
32 INCREMENT 3.2B................... 20,213 20,213
33 KC-46A MDAP...................... 10,213 10,213
AIRLIFT AIRCRAFT
34 C-5.............................. 73,550 73,550
36 C-17A............................ 60,244 60,244
37 C-21............................. 216 216
38 C-32A............................ 11,511 11,511
39 C-37A............................ 435 435
TRAINER AIRCRAFT
40 GLIDER MODS...................... 138 138
41 T-6.............................. 11,826 11,826
42 T-1.............................. 26,787 26,787
43 T-38............................. 37,341 37,341
OTHER AIRCRAFT
44 U-2 MODS......................... 86,896 86,896
45 KC-10A (ATCA).................... 2,108 2,108
46 C-12............................. 3,021 3,021
47 VC-25A MOD....................... 48,624 48,624
48 C-40............................. 256 256
49 C-130............................ 52,066 52,066
50 C-130J MODS...................... 141,686 141,686
51 C-135............................ 124,491 124,491
53 COMPASS CALL..................... 110,754 110,754
54 COMBAT FLIGHT INSPECTION--CFIN... 508 508
55 RC-135........................... 227,673 227,673
56 E-3.............................. 216,299 216,299
57 E-4.............................. 58,477 58,477
58 E-8.............................. 28,778 58,778
SATCOM radios................ [30,000]
59 AIRBORNE WARNING AND CNTRL SYS 36,000 36,000
(AWACS) 40/45...................
60 FAMILY OF BEYOND LINE-OF-SIGHT 7,910 7,910
TERMINALS.......................
61 H-1.............................. 3,817 3,817
62 H-60............................. 20,879 20,879
63 RQ-4 MODS........................ 1,704 1,704
64 HC/MC-130 MODIFICATIONS.......... 51,482 51,482
65 OTHER AIRCRAFT................... 50,098 50,098
66 MQ-9 MODS........................ 383,594 383,594
68 CV-22 MODS....................... 65,348 65,348
AIRCRAFT SPARES AND REPAIR PARTS
69 INITIAL SPARES/REPAIR PARTS...... 708,230 970,230
F-35 spares.................. [96,000]
KC-46 spares................. [141,000]
RQ-4......................... [25,000]
COMMON SUPPORT EQUIPMENT
72 AIRCRAFT REPLACEMENT SUPPORT 84,938 84,938
EQUIP...........................
POST PRODUCTION SUPPORT
73 B-2A............................. 1,403 1,403
74 B-2B............................. 42,234 42,234
75 B-52............................. 4,641 4,641
76 C-17A............................ 124,805 124,805
79 F-15............................. 2,589 2,589
81 F-16............................. 15,348 15,348
84 RQ-4 POST PRODUCTION CHARGES..... 47,246 47,246
INDUSTRIAL PREPAREDNESS
86 INDUSTRIAL RESPONSIVENESS........ 17,705 17,705
WAR CONSUMABLES
87 WAR CONSUMABLES.................. 32,102 32,102
OTHER PRODUCTION CHARGES
88 OTHER PRODUCTION CHARGES......... 1,194,728 1,194,728
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 34,193 34,193
TOTAL AIRCRAFT PROCUREMENT, AIR 16,784,279 18,486,079
FORCE...........................
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT--
BALLISTIC
1 MISSILE REPLACEMENT EQ-BALLISTIC. 55,888 55,888
TACTICAL
2 REPLAC EQUIP & WAR CONSUMABLES... 9,100 9,100
[[Page S3971]]
3 JOINT AIR-TO-GROUND MUNITION..... 15,000 15,000
4 JOINT AIR-SURFACE STANDOFF 482,525 482,525
MISSILE.........................
6 SIDEWINDER (AIM-9X).............. 160,408 160,408
7 AMRAAM........................... 332,250 332,250
8 PREDATOR HELLFIRE MISSILE........ 118,860 118,860
9 SMALL DIAMETER BOMB.............. 275,438 275,438
10 SMALL DIAMETER BOMB II........... 212,434 212,434
INDUSTRIAL FACILITIES
11 INDUSTR'L PREPAREDNS/POL 801 801
PREVENTION......................
CLASS IV
12 ICBM FUZE MOD.................... 5,000 5,000
13 ICBM FUZE MOD AP................. 14,497 14,497
14 MM III MODIFICATIONS............. 50,831 59,731
Air Force requested transfer. [8,900]
15 AGM-65D MAVERICK................. 294 294
16 AIR LAUNCH CRUISE MISSILE (ALCM). 77,387 68,487
Air Force requested transfer. [-8,900]
MISSILE SPARES AND REPAIR PARTS
18 MSL SPRS/REPAIR PARTS (INITIAL).. 1,910 1,910
19 REPLEN SPARES/REPAIR PARTS....... 82,490 82,490
SPECIAL PROGRAMS
23 SPECIAL UPDATE PROGRAMS.......... 144,553 144,553
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 849,521 849,521
TOTAL MISSILE PROCUREMENT, AIR 2,889,187 2,889,187
FORCE...........................
SPACE PROCUREMENT, AIR FORCE
SPACE PROGRAMS
1 ADVANCED EHF..................... 31,894 31,894
2 AF SATELLITE COMM SYSTEM......... 56,298 56,298
4 COUNTERSPACE SYSTEMS............. 5,700 5,700
5 FAMILY OF BEYOND LINE-OF-SIGHT 34,020 34,020
TERMINALS.......................
7 GENERAL INFORMATION TECH--SPACE.. 3,244 3,244
8 GPSIII FOLLOW ON................. 414,625 414,625
9 GPS III SPACE SEGMENT............ 31,466 31,466
12 SPACEBORNE EQUIP (COMSEC)........ 32,031 32,031
13 MILSATCOM........................ 11,096 11,096
15 EVOLVED EXPENDABLE LAUNCH 1,237,635 1,237,635
VEH(SPACE)......................
16 SBIR HIGH (SPACE)................ 233,952 233,952
17 NUDET DETECTION SYSTEM........... 7,432 7,432
18 ROCKET SYSTEMS LAUNCH PROGRAM.... 11,473 11,473
19 SPACE FENCE...................... 71,784 71,784
20 SPACE MODS....................... 106,330 106,330
21 SPACELIFT RANGE SYSTEM SPACE..... 118,140 118,140
SPARES
22 SPARES AND REPAIR PARTS.......... 7,263 7,263
TOTAL SPACE PROCUREMENT, AIR 2,414,383 2,414,383
FORCE...........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS.......................... 0 133,268
Transfer back to base funding [133,268]
CARTRIDGES
2 CARTRIDGES....................... 0 140,449
Transfer back to base funding [140,449]
BOMBS
3 PRACTICE BOMBS................... 0 29,313
Transfer back to base funding [29,313]
4 GENERAL PURPOSE BOMBS............ 0 85,885
Transfer back to base funding [85,885]
6 JOINT DIRECT ATTACK MUNITION..... 0 1,066,224
Transfer back to base funding [1,066,224]
7 B61.............................. 0 80,773
Transfer back to base funding [80,773]
OTHER ITEMS
9 CAD/PAD.......................... 0 47,069
Transfer back to base funding [47,069]
10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 0 6,133
Transfer back to base funding [6,133]
11 SPARES AND REPAIR PARTS.......... 0 533
Transfer back to base funding [533]
12 MODIFICATIONS.................... 0 1,291
Transfer back to base funding [1,291]
13 ITEMS LESS THAN $5,000,000....... 0 1,677
Transfer back to base funding [1,677]
FLARES
15 FLARES........................... 0 36,116
Transfer back to base funding [36,116]
FUZES
16 FUZES............................ 0 1,734
Transfer back to base funding [1,734]
SMALL ARMS
17 SMALL ARMS....................... 0 37,496
Transfer back to base funding [37,496]
TOTAL PROCUREMENT OF AMMUNITION, 0 1,667,961
AIR FORCE.......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES...... 15,238 15,238
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE.......... 34,616 34,616
3 CAP VEHICLES..................... 1,040 1,040
4 CARGO AND UTILITY VEHICLES....... 23,133 23,133
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE..... 32,027 32,027
6 SECURITY AND TACTICAL VEHICLES... 1,315 1,315
7 SPECIAL PURPOSE VEHICLES......... 14,593 14,593
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 28,604 28,604
VEHICLES........................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES...... 21,848 21,848
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 2,925 2,925
EQU.............................
11 BASE MAINTENANCE SUPPORT VEHICLES 55,776 55,776
COMM SECURITY EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT................. 91,461 91,461
INTELLIGENCE PROGRAMS
14 INTERNATIONAL INTEL TECH & 11,386 11,386
ARCHITECTURES...................
15 INTELLIGENCE TRAINING EQUIPMENT.. 7,619 7,619
16 INTELLIGENCE COMM EQUIPMENT...... 35,558 35,558
ELECTRONICS PROGRAMS
17 AIR TRAFFIC CONTROL & LANDING SYS 17,939 17,939
19 BATTLE CONTROL SYSTEM--FIXED..... 3,063 3,063
21 WEATHER OBSERVATION FORECAST..... 31,447 31,447
22 STRATEGIC COMMAND AND CONTROL.... 5,090 5,090
23 CHEYENNE MOUNTAIN COMPLEX........ 10,145 10,145
24 MISSION PLANNING SYSTEMS......... 14,508 14,508
26 INTEGRATED STRAT PLAN & ANALY 9,901 9,901
NETWORK (ISPAN).................
SPCL COMM-ELECTRONICS PROJECTS
27 GENERAL INFORMATION TECHNOLOGY... 26,933 26,933
28 AF GLOBAL COMMAND & CONTROL SYS.. 2,756 2,756
29 BATTLEFIELD AIRBORNE CONTROL NODE 48,478 48,478
(BACN)..........................
30 MOBILITY COMMAND AND CONTROL..... 21,186 21,186
31 AIR FORCE PHYSICAL SECURITY 178,361 178,361
SYSTEM..........................
32 COMBAT TRAINING RANGES........... 233,993 261,993
Joint threat emitters........ [28,000]
33 MINIMUM ESSENTIAL EMERGENCY COMM 132,648 132,648
N...............................
34 WIDE AREA SURVEILLANCE (WAS)..... 80,818 80,818
35 C3 COUNTERMEASURES............... 25,036 25,036
36 INTEGRATED PERSONNEL AND PAY 20,900 0
SYSTEM..........................
Poor agile implementation.... [-20,900]
37 GCSS-AF FOS...................... 11,226 11,226
38 DEFENSE ENTERPRISE ACCOUNTING & 1,905 1,905
MGT SYS.........................
39 MAINTENANCE REPAIR & OVERHAUL 1,912 1,912
INITIATIVE......................
40 THEATER BATTLE MGT C2 SYSTEM..... 6,337 6,337
41 AIR & SPACE OPERATIONS CENTER 33,243 33,243
(AOC)...........................
AIR FORCE COMMUNICATIONS
43 BASE INFORMATION TRANSPT INFRAST 69,530 69,530
(BITI) WIRED....................
44 AFNET............................ 147,063 147,063
45 JOINT COMMUNICATIONS SUPPORT 6,505 6,505
ELEMENT (JCSE)..................
46 USCENTCOM........................ 20,190 20,190
47 USSTRATCOM....................... 11,244 11,244
ORGANIZATION AND BASE
48 TACTICAL C-E EQUIPMENT........... 143,757 143,757
50 RADIO EQUIPMENT.................. 15,402 15,402
51 CCTV/AUDIOVISUAL EQUIPMENT....... 3,211 3,211
52 BASE COMM INFRASTRUCTURE......... 43,123 43,123
MODIFICATIONS
53 COMM ELECT MODS.................. 14,500 14,500
PERSONAL SAFETY & RESCUE EQUIP
54 PERSONAL SAFETY AND RESCUE 50,634 50,634
EQUIPMENT.......................
DEPOT PLANT+MTRLS HANDLING EQ
55 POWER CONDITIONING EQUIPMENT..... 11,000 11,000
56 MECHANIZED MATERIAL HANDLING 11,901 11,901
EQUIP...........................
BASE SUPPORT EQUIPMENT
57 BASE PROCURED EQUIPMENT.......... 23,963 23,963
58 ENGINEERING AND EOD EQUIPMENT.... 34,124 34,124
59 MOBILITY EQUIPMENT............... 26,439 26,439
60 FUELS SUPPORT EQUIPMENT (FSE).... 24,255 24,255
61 BASE MAINTENANCE AND SUPPORT 38,986 38,986
EQUIPMENT.......................
SPECIAL SUPPORT PROJECTS
63 DARP RC135....................... 26,716 26,716
64 DCGS-AF.......................... 116,055 116,055
66 SPECIAL UPDATE PROGRAM........... 835,148 835,148
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 17,637,807 18,292,807
Transfer back to base funding [655,000]
SPARES AND REPAIR PARTS
67 SPARES AND REPAIR PARTS.......... 81,340 81,340
TOTAL OTHER PROCUREMENT, AIR 20,687,857 21,349,957
FORCE...........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCMA
2 MAJOR EQUIPMENT.................. 2,432 2,432
MAJOR EQUIPMENT, DHRA
3 PERSONNEL ADMINISTRATION......... 5,030 5,030
MAJOR EQUIPMENT, DISA
8 INFORMATION SYSTEMS SECURITY..... 3,318 4,718
Sharkseer transfer........... [1,400]
9 TELEPORT PROGRAM................. 25,103 25,103
10 ITEMS LESS THAN $5 MILLION....... 26,416 26,416
12 DEFENSE INFORMATION SYSTEM 17,574 17,574
NETWORK.........................
14 WHITE HOUSE COMMUNICATION AGENCY. 45,079 45,079
15 SENIOR LEADERSHIP ENTERPRISE..... 78,669 78,669
16 JOINT REGIONAL SECURITY STACKS 88,000 88,000
(JRSS)..........................
17 JOINT SERVICE PROVIDER........... 107,907 107,907
MAJOR EQUIPMENT, DLA
19 MAJOR EQUIPMENT.................. 8,122 8,122
MAJOR EQUIPMENT, DMACT
20 MAJOR EQUIPMENT.................. 10,961 10,961
MAJOR EQUIPMENT, DODEA
[[Page S3972]]
21 AUTOMATION/EDUCATIONAL SUPPORT & 1,320 1,320
LOGISTICS.......................
MAJOR EQUIPMENT, DPAA
22 MAJOR EQUIPMENT, DPAA............ 1,504 1,504
MAJOR EQUIPMENT, DSS
23 MAJOR EQUIPMENT.................. 496 496
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
25 VEHICLES......................... 211 211
26 OTHER MAJOR EQUIPMENT............ 11,521 11,521
MAJOR EQUIPMENT, MISSILE DEFENSE
AGENCY
28 THAAD............................ 425,863 0
THAAD program transfer to [-425,863]
Army.........................
29 GROUND BASED MIDCOURSE........... 9,471 9,471
31 AEGIS BMD........................ 600,773 600,773
32 AEGIS BMD AP..................... 96,995 96,995
33 BMDS AN/TPY-2 RADARS............. 10,046 10,046
34 ARROW 3 UPPER TIER SYSTEMS....... 55,000 55,000
35 SHORT RANGE BALLISTIC MISSILE 50,000 50,000
DEFENSE (SRBMD).................
36 AEGIS ASHORE PHASE III........... 25,659 25,659
37 IRON DOME........................ 95,000 95,000
38 AEGIS BMD HARDWARE AND SOFTWARE.. 124,986 124,986
MAJOR EQUIPMENT, NSA
44 INFORMATION SYSTEMS SECURITY 1,533 133
PROGRAM (ISSP)..................
Sharkseer transfer........... [-1,400]
MAJOR EQUIPMENT, OSD
45 MAJOR EQUIPMENT, OSD............. 43,705 43,705
MAJOR EQUIPMENT, TJS
46 MAJOR EQUIPMENT, TJS............. 6,905 6,905
47 MAJOR EQUIPMENT--TJS CYBER....... 1,458 1,458
MAJOR EQUIPMENT, WHS
49 MAJOR EQUIPMENT, WHS............. 507 507
CLASSIFIED PROGRAMS
999 CLASSIFIED PROGRAMS.............. 584,366 589,366
Transfer back to base funding [5,000]
AVIATION PROGRAMS
53 ROTARY WING UPGRADES AND 172,020 172,020
SUSTAINMENT.....................
54 UNMANNED ISR..................... 15,208 15,208
55 NON-STANDARD AVIATION............ 32,310 32,310
56 U-28............................. 10,898 10,898
57 MH-47 CHINOOK.................... 173,812 173,812
58 CV-22 MODIFICATION............... 17,256 17,256
59 MQ-9 UNMANNED AERIAL VEHICLE..... 5,338 5,338
60 PRECISION STRIKE PACKAGE......... 232,930 232,930
61 AC/MC-130J....................... 173,419 164,619
RFCM schedule delay.......... [-8,800]
62 C-130 MODIFICATIONS.............. 15,582 15,582
SHIPBUILDING
63 UNDERWATER SYSTEMS............... 58,991 58,991
AMMUNITION PROGRAMS
64 ORDNANCE ITEMS <$5M.............. 279,992 279,992
OTHER PROCUREMENT PROGRAMS
65 INTELLIGENCE SYSTEMS............. 100,641 100,641
66 DISTRIBUTED COMMON GROUND/SURFACE 12,522 12,522
SYSTEMS.........................
67 OTHER ITEMS <$5M................. 103,910 103,910
68 COMBATANT CRAFT SYSTEMS.......... 33,088 33,088
69 SPECIAL PROGRAMS................. 63,467 63,467
70 TACTICAL VEHICLES................ 77,832 77,832
71 WARRIOR SYSTEMS <$5M............. 298,480 298,480
72 COMBAT MISSION REQUIREMENTS...... 19,702 19,702
73 GLOBAL VIDEO SURVEILLANCE 4,787 4,787
ACTIVITIES......................
74 OPERATIONAL ENHANCEMENTS 8,175 8,175
INTELLIGENCE....................
75 OPERATIONAL ENHANCEMENTS......... 282,532 282,532
CBDP
76 CHEMICAL BIOLOGICAL SITUATIONAL 162,406 162,406
AWARENESS.......................
77 CB PROTECTION & HAZARD MITIGATION 188,188 188,188
TOTAL PROCUREMENT, DEFENSE-WIDE.. 5,109,416 4,679,753
JOINT URGENT OPERATIONAL NEEDS
FUND
JOINT URGENT OPERATIONAL NEEDS
FUND
1 JOINT URGENT OPERATIONAL NEEDS 99,200 99,200
FUND............................
TOTAL JOINT URGENT OPERATIONAL 99,200 99,200
NEEDS FUND......................
TOTAL PROCUREMENT................ 118,888,737 135,071,365
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
3 MQ-1 UAV......................... 54,000 54,000
ROTARY
15 CH-47 HELICOPTER................. 25,000 25,000
MODIFICATION OF AIRCRAFT
21 MULTI SENSOR ABN RECON (MIP)..... 80,260 80,260
24 GRCS SEMA MODS (MIP)............. 750 750
26 EMARSS SEMA MODS (MIP)........... 22,180 22,180
27 UTILITY/CARGO AIRPLANE MODS...... 8,362 8,362
29 NETWORK AND MISSION PLAN......... 10 10
31 DEGRADED VISUAL ENVIRONMENT...... 49,450 49,450
GROUND SUPPORT AVIONICS
37 CMWS............................. 130,219 130,219
38 COMMON INFRARED COUNTERMEASURES 9,310 9,310
(CIRCM).........................
OTHER SUPPORT
45 LAUNCHER GUIDED MISSILE: LONGBOW 2,000 2,000
HELLFIRE XM2....................
TOTAL AIRCRAFT PROCUREMENT, ARMY. 381,541 381,541
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
1 SYSTEM INTEGRATION AND TEST 113,857 0
PROCUREMENT.....................
Transfer back to base funding [-113,857]
2 M-SHORAD--PROCUREMENT............ 262,100 158,300
Transfer back to base funding [-103,800]
3 MSE MISSILE...................... 736,541 37,938
Transfer back to base funding [-698,603]
4 INDIRECT FIRE PROTECTION 9,337 0
CAPABILITY INC 2-I..............
Transfer back to base funding [-9,337]
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY............. 429,549 236,265
Transfer back to base funding [-193,284]
7 JOINT AIR-TO-GROUND MSLS (JAGM).. 233,353 0
Transfer back to base funding [-233,353]
ANTI-TANK/ASSAULT MISSILE SYS
8 JAVELIN (AAWS-M) SYSTEM SUMMARY.. 142,794 4,389
Transfer back to base funding [-138,405]
9 TOW 2 SYSTEM SUMMARY............. 114,340 0
Transfer back to base funding [-114,340]
10 TOW 2 SYSTEM SUMMARY AP.......... 10,500 0
Transfer back to base funding [-10,500]
11 GUIDED MLRS ROCKET (GMLRS)....... 1,228,809 431,596
Transfer back to base funding [-797,213]
12 MLRS REDUCED RANGE PRACTICE 27,555 0
ROCKETS (RRPR)..................
Transfer back to base funding [-27,555]
14 ARMY TACTICAL MSL SYS (ATACMS)-- 340,612 130,770
SYS SUM.........................
Transfer back to base funding [-209,842]
15 LETHAL MINIATURE AERIAL MISSILE 83,300 83,300
SYSTEM (LMAMS...................
MODIFICATIONS
16 PATRIOT MODS..................... 279,464 0
Transfer back to base funding [-279,464]
17 ATACMS MODS...................... 85,320 0
Transfer back to base funding [-85,320]
18 GMLRS MOD........................ 5,094 0
Transfer back to base funding [-5,094]
19 STINGER MODS..................... 89,115 7,500
Transfer back to base funding [-81,615]
20 AVENGER MODS..................... 14,107 0
Transfer back to base funding [-14,107]
21 ITAS/TOW MODS.................... 3,469 0
Transfer back to base funding [-3,469]
22 MLRS MODS........................ 387,019 348,000
Transfer back to base funding [-39,019]
23 HIMARS MODIFICATIONS............. 12,483 0
Transfer back to base funding [-12,483]
SPARES AND REPAIR PARTS
24 SPARES AND REPAIR PARTS.......... 26,444 0
Transfer back to base funding [-26,444]
SUPPORT EQUIPMENT & FACILITIES
25 AIR DEFENSE TARGETS.............. 10,593 0
Transfer back to base funding [-10,593]
TOTAL MISSILE PROCUREMENT, ARMY.. 4,645,755 1,438,058
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
2 ARMORED MULTI PURPOSE VEHICLE 221,638 221,638
(AMPV)..........................
MODIFICATION OF TRACKED COMBAT
VEHICLES
3 STRYKER (MOD).................... 4,100 4,100
8 IMPROVED RECOVERY VEHICLE (M88A2 80,146 80,146
HERCULES).......................
13 M1 ABRAMS TANK (MOD)............. 13,100 13,100
WEAPONS & OTHER COMBAT VEHICLES
15 M240 MEDIUM MACHINE GUN (7.62MM). 900 900
16 MULTI-ROLE ANTI-ARMOR ANTI- 2,400 2,400
PERSONNEL WEAPON S..............
19 MORTAR SYSTEMS................... 18,941 18,941
20 XM320 GRENADE LAUNCHER MODULE 526 526
(GLM)...........................
23 CARBINE.......................... 1,183 1,183
25 COMMON REMOTELY OPERATED WEAPONS 4,182 4,182
STATION.........................
26 HANDGUN.......................... 248 248
MOD OF WEAPONS AND OTHER COMBAT
VEH
31 M2 50 CAL MACHINE GUN MODS....... 6,090 6,090
TOTAL PROCUREMENT OF W&TCV, ARMY. 353,454 353,454
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES........... 69,516 567
Transfer back to base funding [-68,949]
2 CTG, 7.62MM, ALL TYPES........... 114,268 40
Transfer back to base funding [-114,228]
3 CTG, HANDGUN, ALL TYPES.......... 17,824 17
Transfer back to base funding [-17,807]
4 CTG, .50 CAL, ALL TYPES.......... 64,155 189
Transfer back to base funding [-63,966]
[[Page S3973]]
5 CTG, 20MM, ALL TYPES............. 35,920 0
Transfer back to base funding [-35,920]
6 CTG, 25MM, ALL TYPES............. 8,990 0
Transfer back to base funding [-8,990]
7 CTG, 30MM, ALL TYPES............. 93,713 24,900
Transfer back to base funding [-68,813]
8 CTG, 40MM, ALL TYPES............. 103,952 0
Transfer back to base funding [-103,952]
MORTAR AMMUNITION
9 60MM MORTAR, ALL TYPES........... 50,580 0
Transfer back to base funding [-50,580]
10 81MM MORTAR, ALL TYPES........... 59,373 0
Transfer back to base funding [-59,373]
11 120MM MORTAR, ALL TYPES.......... 125,452 0
Transfer back to base funding [-125,452]
TANK AMMUNITION
12 CARTRIDGES, TANK, 105MM AND 171,284 0
120MM, ALL TYPES................
Transfer back to base funding [-171,284]
ARTILLERY AMMUNITION
13 ARTILLERY CARTRIDGES, 75MM & 44,675 0
105MM, ALL TYPES................
Transfer back to base funding [-44,675]
14 ARTILLERY PROJECTILE, 155MM, ALL 266,037 0
TYPES...........................
Transfer back to base funding [-266,037]
15 PROJ 155MM EXTENDED RANGE M982... 93,486 36,052
Transfer back to base funding [-57,434]
16 ARTILLERY PROPELLANTS, FUZES AND 278,873 7,271
PRIMERS, ALL....................
Transfer back to base funding [-271,602]
MINES
17 MINES & CLEARING CHARGES, ALL 55,433 0
TYPES...........................
Transfer back to base funding [-55,433]
ROCKETS
18 SHOULDER LAUNCHED MUNITIONS, ALL 75,054 176
TYPES...........................
Transfer back to base funding [-74,878]
19 ROCKET, HYDRA 70, ALL TYPES...... 255,453 79,459
Transfer back to base funding [-175,994]
OTHER AMMUNITION
20 CAD/PAD, ALL TYPES............... 7,595 0
Transfer back to base funding [-7,595]
21 DEMOLITION MUNITIONS, ALL TYPES.. 51,651 0
Transfer back to base funding [-51,651]
22 GRENADES, ALL TYPES.............. 40,592 0
Transfer back to base funding [-40,592]
23 SIGNALS, ALL TYPES............... 18,609 0
Transfer back to base funding [-18,609]
24 SIMULATORS, ALL TYPES............ 16,054 0
Transfer back to base funding [-16,054]
MISCELLANEOUS
25 AMMO COMPONENTS, ALL TYPES....... 5,261 0
Transfer back to base funding [-5,261]
26 NON-LETHAL AMMUNITION, ALL TYPES. 715 0
Transfer back to base funding [-715]
27 ITEMS LESS THAN $5 MILLION (AMMO) 9,224 11
Transfer back to base funding [-9,213]
28 AMMUNITION PECULIAR EQUIPMENT.... 10,044 0
Transfer back to base funding [-10,044]
29 FIRST DESTINATION TRANSPORTATION 18,492 0
(AMMO)..........................
Transfer back to base funding [-18,492]
30 CLOSEOUT LIABILITIES............. 99 0
Transfer back to base funding [-99]
PRODUCTION BASE SUPPORT
31 INDUSTRIAL FACILITIES............ 474,511 0
Transfer back to base funding [-474,511]
32 CONVENTIONAL MUNITIONS 202,512 0
DEMILITARIZATION................
Transfer back to base funding [-202,512]
33 ARMS INITIATIVE.................. 3,833 0
Transfer back to base funding [-3,833]
TOTAL PROCUREMENT OF AMMUNITION, 2,843,230 148,682
ARMY............................
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
10 FAMILY OF HEAVY TACTICAL VEHICLES 26,917 26,917
(FHTV)..........................
11 PLS ESP.......................... 16,941 16,941
12 HVY EXPANDED MOBILE TACTICAL 62,734 62,734
TRUCK EXT SERV..................
14 TACTICAL WHEELED VEHICLE 50,000 50,000
PROTECTION KITS.................
15 MODIFICATION OF IN SVC EQUIP..... 28,000 28,000
COMM--JOINT COMMUNICATIONS
22 TACTICAL NETWORK TECHNOLOGY MOD 40,000 40,000
IN SVC..........................
COMM--SATELLITE COMMUNICATIONS
29 TRANSPORTABLE TACTICAL COMMAND 6,930 6,930
COMMUNICATIONS..................
31 ASSURED POSITIONING, NAVIGATION 11,778 11,778
AND TIMING......................
32 SMART-T (SPACE).................. 825 825
COMM--COMBAT COMMUNICATIONS
40 RADIO TERMINAL SET, MIDS LVT(2).. 350 350
47 COTS COMMUNICATIONS EQUIPMENT.... 20,400 20,400
48 FAMILY OF MED COMM FOR COMBAT 1,231 1,231
CASUALTY CARE...................
COMM--INTELLIGENCE COMM
51 CI AUTOMATION ARCHITECTURE (MIP). 6,200 6,200
COMM--LONG HAUL COMMUNICATIONS
59 BASE SUPPORT COMMUNICATIONS...... 20,482 20,482
COMM--BASE COMMUNICATIONS
60 INFORMATION SYSTEMS.............. 55,800 55,800
63 INSTALLATION INFO INFRASTRUCTURE 75,820 75,820
MOD PROGRAM.....................
ELECT EQUIP--TACT INT REL ACT
(TIARA)
68 DCGS-A (MIP)..................... 38,613 38,613
70 TROJAN (MIP)..................... 1,337 1,337
71 MOD OF IN-SVC EQUIP (INTEL SPT) 2,051 2,051
(MIP)...........................
75 BIOMETRIC TACTICAL COLLECTION 1,800 1,800
DEVICES (MIP)...................
ELECT EQUIP--ELECTRONIC WARFARE
(EW)
82 FAMILY OF PERSISTENT SURVEILLANCE 71,493 71,493
CAP. (MIP)......................
83 COUNTERINTELLIGENCE/SECURITY 6,917 6,917
COUNTERMEASURES.................
ELECT EQUIP--TACTICAL SURV. (TAC
SURV)
85 SENTINEL MODS.................... 20,000 20,000
86 NIGHT VISION DEVICES............. 3,676 3,676
94 JOINT BATTLE COMMAND--PLATFORM 25,568 25,568
(JBC-P).........................
97 COMPUTER BALLISTICS: LHMBC XM32.. 570 570
98 MORTAR FIRE CONTROL SYSTEM....... 15,975 15,975
ELECT EQUIP--TACTICAL C2 SYSTEMS
103 AIR & MSL DEFENSE PLANNING & 14,331 14,331
CONTROL SYS.....................
ELECT EQUIP--AUTOMATION
112 ARMY TRAINING MODERNIZATION...... 6,014 6,014
113 AUTOMATED DATA PROCESSING EQUIP.. 32,700 32,700
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS.............. 8,200 0
Transfer back to base funding [-8,200]
CHEMICAL DEFENSIVE EQUIPMENT
124 FAMILY OF NON-LETHAL EQUIPMENT 25,480 25,480
(FNLE)..........................
125 BASE DEFENSE SYSTEMS (BDS)....... 47,110 47,110
126 CBRN DEFENSE..................... 18,711 18,711
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING................ 4,884 4,884
ENGINEER (NON-CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE DETECTN SYSM 4,500 4,500
(GSTAMIDS)......................
135 HUSKY MOUNTED DETECTION SYSTEM 34,253 34,253
(HMDS)..........................
136 ROBOTIC COMBAT SUPPORT SYSTEM 3,300 3,300
(RCSS)..........................
140 RENDER SAFE SETS KITS OUTFITS.... 84,000 84,000
COMBAT SERVICE SUPPORT EQUIPMENT
143 HEATERS AND ECU'S................ 8 8
145 PERSONNEL RECOVERY SUPPORT SYSTEM 5,101 5,101
(PRSS)..........................
146 GROUND SOLDIER SYSTEM............ 1,760 1,760
148 FORCE PROVIDER................... 56,400 56,400
150 CARGO AERIAL DEL & PERSONNEL 2,040 2,040
PARACHUTE SYSTEM................
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, PETROLEUM & 13,986 13,986
WATER...........................
MEDICAL EQUIPMENT
155 COMBAT SUPPORT MEDICAL........... 2,735 2,735
CONSTRUCTION EQUIPMENT
159 SCRAPERS, EARTHMOVING............ 4,669 4,669
160 LOADERS.......................... 380 380
162 TRACTOR, FULL TRACKED............ 8,225 8,225
164 HIGH MOBILITY ENGINEER EXCAVATOR 3,000 3,000
(HMEE)..........................
166 CONST EQUIP ESP.................. 3,870 3,870
167 ITEMS LESS THAN $5.0M (CONST 350 350
EQUIP)..........................
GENERATORS
171 GENERATORS AND ASSOCIATED EQUIP.. 2,436 2,436
MATERIAL HANDLING EQUIPMENT
173 FAMILY OF FORKLIFTS.............. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, NONSYSTEM...... 2,106 2,106
TEST MEASURE AND DIG EQUIPMENT
(TMD)
181 INTEGRATED FAMILY OF TEST 1,395 1,395
EQUIPMENT (IFTE)................
OTHER SUPPORT EQUIPMENT
184 RAPID EQUIPPING SOLDIER SUPPORT 24,122 24,122
EQUIPMENT.......................
185 PHYSICAL SECURITY SYSTEMS (OPA3). 10,016 10,016
187 MODIFICATION OF IN-SVC EQUIPMENT 33,354 33,354
(OPA-3).........................
189 BUILDING, PRE-FAB, RELOCATABLE... 62,654 62,654
TOTAL OTHER PROCUREMENT, ARMY.... 1,139,650 1,131,450
AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
26 STUASL0 UAV...................... 7,921 7,921
27 MQ-9A REAPER..................... 77,000 77,000
MODIFICATION OF AIRCRAFT
36 EP-3 SERIES...................... 5,488 5,488
46 SPECIAL PROJECT AIRCRAFT......... 3,498 3,498
[[Page S3974]]
51 COMMON ECM EQUIPMENT............. 3,406 3,406
53 COMMON DEFENSIVE WEAPON SYSTEM... 3,274 3,274
62 QRC.............................. 18,458 18,458
TOTAL AIRCRAFT PROCUREMENT, NAVY. 119,045 119,045
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS.................. 1,177,251 0
Transfer back to base funding [-1,177,251]
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES.... 7,142 0
Transfer back to base funding [-7,142]
STRATEGIC MISSILES
3 TOMAHAWK......................... 386,730 0
Transfer back to base funding [-386,730]
TACTICAL MISSILES
4 AMRAAM........................... 224,502 0
Transfer back to base funding [-224,502]
5 SIDEWINDER....................... 119,456 0
Transfer back to base funding [-119,456]
7 STANDARD MISSILE................. 404,523 0
Transfer back to base funding [-404,523]
8 STANDARD MISSILE AP.............. 96,085 0
Transfer back to base funding [-96,085]
9 SMALL DIAMETER BOMB II........... 118,466 0
Transfer back to base funding [-118,466]
10 RAM.............................. 106,765 0
Transfer back to base funding [-106,765]
11 JOINT AIR GROUND MISSILE (JAGM).. 90,966 90,966
12 HELLFIRE......................... 1,525 0
Transfer back to base funding [-1,525]
15 AERIAL TARGETS................... 152,380 6,500
Transfer back to base funding [-145,880]
16 DRONES AND DECOYS................ 20,000 0
Transfer back to base funding [-20,000]
17 OTHER MISSILE SUPPORT............ 3,388 0
Transfer back to base funding [-3,388]
18 LRASM............................ 143,200 0
Transfer back to base funding [-143,200]
19 LCS OTH MISSILE.................. 38,137 0
Transfer back to base funding [-38,137]
MODIFICATION OF MISSILES
20 ESSM............................. 128,059 0
Transfer back to base funding [-128,059]
21 HARPOON MODS..................... 25,447 0
Transfer back to base funding [-25,447]
22 HARM MODS........................ 183,740 0
Transfer back to base funding [-183,740]
23 STANDARD MISSILES MODS........... 22,500 0
Transfer back to base funding [-22,500]
SUPPORT EQUIPMENT & FACILITIES
24 WEAPONS INDUSTRIAL FACILITIES.... 1,958 0
Transfer back to base funding [-1,958]
25 FLEET SATELLITE COMM FOLLOW-ON... 67,380 0
Transfer back to base funding [-67,380]
ORDNANCE SUPPORT EQUIPMENT
27 ORDNANCE SUPPORT EQUIPMENT....... 109,427 0
Transfer back to base funding [-109,427]
TORPEDOES AND RELATED EQUIP
28 SSTD............................. 5,561 0
Transfer back to base funding [-5,561]
29 MK-48 TORPEDO.................... 114,000 0
Transfer back to base funding [-114,000]
30 ASW TARGETS...................... 15,095 0
Transfer back to base funding [-15,095]
MOD OF TORPEDOES AND RELATED
EQUIP
31 MK-54 TORPEDO MODS............... 119,453 0
Transfer back to base funding [-119,453]
32 MK-48 TORPEDO ADCAP MODS......... 39,508 0
Transfer back to base funding [-39,508]
33 QUICKSTRIKE MINE................. 5,183 0
Transfer back to base funding [-5,183]
SUPPORT EQUIPMENT
34 TORPEDO SUPPORT EQUIPMENT........ 79,028 0
Transfer back to base funding [-79,028]
35 ASW RANGE SUPPORT................ 3,890 0
Transfer back to base funding [-3,890]
DESTINATION TRANSPORTATION
36 FIRST DESTINATION TRANSPORTATION. 3,803 0
Transfer back to base funding [-3,803]
GUNS AND GUN MOUNTS
37 SMALL ARMS AND WEAPONS........... 14,797 0
Transfer back to base funding [-14,797]
MODIFICATION OF GUNS AND GUN
MOUNTS
38 CIWS MODS........................ 44,126 0
Transfer back to base funding [-44,126]
39 COAST GUARD WEAPONS.............. 44,980 0
Transfer back to base funding [-44,980]
40 GUN MOUNT MODS................... 66,376 0
Transfer back to base funding [-66,376]
41 LCS MODULE WEAPONS............... 14,585 0
Transfer back to base funding [-14,585]
43 AIRBORNE MINE NEUTRALIZATION 7,160 0
SYSTEMS.........................
Transfer back to base funding [-7,160]
SPARES AND REPAIR PARTS
45 SPARES AND REPAIR PARTS.......... 126,138 0
Transfer back to base funding [-126,138]
TOTAL WEAPONS PROCUREMENT, NAVY.. 4,332,710 97,466
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS............ 63,006 26,978
Transfer back to base funding [-36,028]
2 JDAM............................. 82,676 12,263
Transfer back to base funding [-70,413]
3 AIRBORNE ROCKETS, ALL TYPES...... 76,776 45,020
Transfer back to base funding [-31,756]
4 MACHINE GUN AMMUNITION........... 38,370 33,577
Transfer back to base funding [-4,793]
5 PRACTICE BOMBS................... 46,611 11,903
Transfer back to base funding [-34,708]
6 CARTRIDGES & CART ACTUATED 60,819 15,081
DEVICES.........................
Transfer back to base funding [-45,738]
7 AIR EXPENDABLE COUNTERMEASURES... 94,212 16,911
Transfer back to base funding [-77,301]
8 JATOS............................ 7,262 0
Transfer back to base funding [-7,262]
9 5 INCH/54 GUN AMMUNITION......... 22,594 0
Transfer back to base funding [-22,594]
10 INTERMEDIATE CALIBER GUN 37,193 0
AMMUNITION......................
Transfer back to base funding [-37,193]
11 OTHER SHIP GUN AMMUNITION........ 42,753 3,262
Transfer back to base funding [-39,491]
12 SMALL ARMS & LANDING PARTY AMMO.. 48,906 1,010
Transfer back to base funding [-47,896]
13 PYROTECHNIC AND DEMOLITION....... 11,158 537
Transfer back to base funding [-10,621]
15 AMMUNITION LESS THAN $5 MILLION.. 2,386 0
Transfer back to base funding [-2,386]
MARINE CORPS AMMUNITION
16 MORTARS.......................... 57,473 1,930
Transfer back to base funding [-55,543]
17 DIRECT SUPPORT MUNITIONS......... 132,937 1,172
Transfer back to base funding [-131,765]
18 INFANTRY WEAPONS AMMUNITION...... 80,214 2,158
Transfer back to base funding [-78,056]
19 COMBAT SUPPORT MUNITIONS......... 41,013 965
Transfer back to base funding [-40,048]
20 AMMO MODERNIZATION............... 14,325 0
Transfer back to base funding [-14,325]
21 ARTILLERY MUNITIONS.............. 220,923 32,047
Transfer back to base funding [-188,876]
22 ITEMS LESS THAN $5 MILLION....... 4,521 0
Transfer back to base funding [-4,521]
TOTAL PROCUREMENT OF AMMO, NAVY & 1,186,128 204,814
MC..............................
OTHER PROCUREMENT, NAVY
OTHER SHIPBOARD EQUIPMENT
20 UNDERWATER EOD PROGRAMS.......... 5,800 5,800
ASW ELECTRONIC EQUIPMENT
42 FIXED SURVEILLANCE SYSTEM........ 310,503 310,503
SONOBUOYS
85 SONOBUOYS--ALL TYPES............. 2,910 2,910
AIRCRAFT SUPPORT EQUIPMENT
88 AIRCRAFT SUPPORT EQUIPMENT....... 13,420 13,420
94 AVIATION SUPPORT EQUIPMENT....... 500 500
OTHER ORDNANCE SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 15,307 15,307
CIVIL ENGINEERING SUPPORT
EQUIPMENT
108 PASSENGER CARRYING VEHICLES...... 173 173
109 GENERAL PURPOSE TRUCKS........... 408 408
111 FIRE FIGHTING EQUIPMENT.......... 785 785
SUPPLY SUPPORT EQUIPMENT
117 SUPPLY EQUIPMENT................. 100 100
118 FIRST DESTINATION TRANSPORTATION. 510 510
COMMAND SUPPORT EQUIPMENT
122 COMMAND SUPPORT EQUIPMENT........ 2,800 2,800
123 MEDICAL SUPPORT EQUIPMENT........ 1,794 1,794
[[Page S3975]]
126 OPERATING FORCES SUPPORT 1,090 1,090
EQUIPMENT.......................
128 ENVIRONMENTAL SUPPORT EQUIPMENT.. 200 200
129 PHYSICAL SECURITY EQUIPMENT...... 1,300 1,300
TOTAL OTHER PROCUREMENT, NAVY.... 357,600 357,600
PROCUREMENT, MARINE CORPS
GUIDED MISSILES
12 GUIDED MLRS ROCKET (GMLRS)....... 16,919 16,919
ENGINEER AND OTHER EQUIPMENT
45 EOD SYSTEMS...................... 3,670 3,670
TOTAL PROCUREMENT, MARINE CORPS.. 20,589 20,589
AIRCRAFT PROCUREMENT, AIR FORCE
OTHER AIRCRAFT
17 MQ-9............................. 172,240 172,240
18 RQ-20B PUMA...................... 12,150 12,150
STRATEGIC AIRCRAFT
22 LARGE AIRCRAFT INFRARED 53,335 53,335
COUNTERMEASURES.................
OTHER AIRCRAFT
67 MQ-9 UAS PAYLOADS................ 19,800 19,800
AIRCRAFT SPARES AND REPAIR PARTS
69 INITIAL SPARES/REPAIR PARTS...... 44,560 44,560
COMMON SUPPORT EQUIPMENT
72 AIRCRAFT REPLACEMENT SUPPORT 7,025 7,025
EQUIP...........................
TOTAL AIRCRAFT PROCUREMENT, AIR 309,110 309,110
FORCE...........................
MISSILE PROCUREMENT, AIR FORCE
TACTICAL
4 JOINT AIR-SURFACE STANDOFF 20,900 20,900
MISSILE.........................
8 PREDATOR HELLFIRE MISSILE........ 180,771 180,771
TOTAL MISSILE PROCUREMENT, AIR 201,671 201,671
FORCE...........................
PROCUREMENT OF AMMUNITION, AIR
FORCE
ROCKETS
1 ROCKETS.......................... 218,228 84,960
Transfer back to base funding [-133,268]
CARTRIDGES
2 CARTRIDGES....................... 193,091 52,642
Transfer back to base funding [-140,449]
BOMBS
3 PRACTICE BOMBS................... 29,313 0
Transfer back to base funding [-29,313]
4 GENERAL PURPOSE BOMBS............ 631,194 545,309
Transfer back to base funding [-85,885]
6 JOINT DIRECT ATTACK MUNITION..... 1,066,224 0
Transfer back to base funding [-1,066,224]
7 B61.............................. 80,773 0
Transfer back to base funding [-80,773]
OTHER ITEMS
9 CAD/PAD.......................... 47,069 0
Transfer back to base funding [-47,069]
10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,133 0
Transfer back to base funding [-6,133]
11 SPARES AND REPAIR PARTS.......... 533 0
Transfer back to base funding [-533]
12 MODIFICATIONS.................... 1,291 0
Transfer back to base funding [-1,291]
13 ITEMS LESS THAN $5,000,000....... 1,677 0
Transfer back to base funding [-1,677]
FLARES
15 FLARES........................... 129,388 93,272
Transfer back to base funding [-36,116]
FUZES
16 FUZES............................ 158,889 157,155
Transfer back to base funding [-1,734]
SMALL ARMS
17 SMALL ARMS....................... 43,591 6,095
Transfer back to base funding [-37,496]
TOTAL PROCUREMENT OF AMMUNITION, 2,607,394 939,433
AIR FORCE.......................
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES...... 1,276 1,276
CARGO AND UTILITY VEHICLES
4 CARGO AND UTILITY VEHICLES....... 9,702 9,702
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE..... 40,999 40,999
7 SPECIAL PURPOSE VEHICLES......... 52,502 52,502
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE 16,652 16,652
VEHICLES........................
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES...... 2,944 2,944
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING 3,753 3,753
EQU.............................
11 BASE MAINTENANCE SUPPORT VEHICLES 11,837 11,837
SPCL COMM-ELECTRONICS PROJECTS
27 GENERAL INFORMATION TECHNOLOGY... 5,000 5,000
31 AIR FORCE PHYSICAL SECURITY 106,919 106,919
SYSTEM..........................
ORGANIZATION AND BASE
48 TACTICAL C-E EQUIPMENT........... 306 306
52 BASE COMM INFRASTRUCTURE......... 4,300 4,300
PERSONAL SAFETY & RESCUE EQUIP
54 PERSONAL SAFETY AND RESCUE 22,200 22,200
EQUIPMENT.......................
BASE SUPPORT EQUIPMENT
59 MOBILITY EQUIPMENT............... 26,535 26,535
60 FUELS SUPPORT EQUIPMENT (FSE).... 4,040 4,040
61 BASE MAINTENANCE AND SUPPORT 20,067 20,067
EQUIPMENT.......................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS.............. 3,864,066 3,209,066
Transfer back to base funding [-655,000]
TOTAL OTHER PROCUREMENT, AIR 4,193,098 3,538,098
FORCE...........................
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
9 TELEPORT PROGRAM................. 3,800 3,800
12 DEFENSE INFORMATION SYSTEM 12,000 12,000
NETWORK.........................
MAJOR EQUIPMENT, DEFENSE THREAT
REDUCTION AGENCY
27 COUNTER IED & IMPROVISED THREAT 4,590 4,590
TECHNOLOGIES....................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS.............. 56,380 51,380
Transfer back to base funding [-5,000]
AVIATION PROGRAMS
50 MANNED ISR....................... 5,000 5,000
51 MC-12............................ 5,000 5,000
52 MH-60 BLACKHAWK.................. 28,100 28,100
54 UNMANNED ISR..................... 8,207 8,207
56 U-28............................. 31,500 31,500
57 MH-47 CHINOOK.................... 37,500 37,500
59 MQ-9 UNMANNED AERIAL VEHICLE..... 1,900 1,900
AMMUNITION PROGRAMS
64 ORDNANCE ITEMS <$5M.............. 138,252 138,252
OTHER PROCUREMENT PROGRAMS
65 INTELLIGENCE SYSTEMS............. 16,500 16,500
67 OTHER ITEMS <$5M................. 28 28
70 TACTICAL VEHICLES................ 2,990 2,990
71 WARRIOR SYSTEMS <$5M............. 37,512 37,512
72 COMBAT MISSION REQUIREMENTS...... 10,000 10,000
74 OPERATIONAL ENHANCEMENTS 7,594 7,594
INTELLIGENCE....................
75 OPERATIONAL ENHANCEMENTS......... 45,194 45,194
TOTAL PROCUREMENT, DEFENSE-WIDE.. 452,047 447,047
TOTAL PROCUREMENT................ 23,143,022 9,688,058
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... BASIC RESEARCH
2 0601102A DEFENSE RESEARCH 297,976 302,976
SCIENCES.
............... Counter UAS [5,000]
University
Research.
3 0601103A UNIVERSITY 65,858 65,858
RESEARCH
INITIATIVES.
4 0601104A UNIVERSITY AND 86,164 88,164
INDUSTRY
RESEARCH
CENTERS.
............... 3D printing. [2,000]
5 0601121A CYBER 4,982 9,982
COLLABORATIVE
RESEARCH
ALLIANCE.
............... Cyber basic [5,000]
research.
............... SUBTOTAL BASIC 454,980 466,980
RESEARCH.
...............
............... APPLIED RESEARCH
10 0602141A LETHALITY 26,961 26,961
TECHNOLOGY.
11 0602142A ARMY APPLIED 25,319 25,319
RESEARCH.
12 0602143A SOLDIER 115,274 118,274
LETHALITY
TECHNOLOGY.
............... UPL MDTF for [3,000]
INDOPACOM.
[[Page S3976]]
13 0602144A GROUND 35,199 41,699
TECHNOLOGY.
............... Advanced [2,000]
materials
manufacturin
g process.
............... Biopolymer [2,000]
structural
materials.
............... Cellulose [2,500]
structural
materials.
14 0602145A NEXT GENERATION 219,047 234,047
COMBAT VEHICLE
TECHNOLOGY.
............... Support [15,000]
operational
energy
development
and testing.
15 0602146A NETWORK C3I 114,516 114,516
TECHNOLOGY.
16 0602147A LONG RANGE 74,327 86,327
PRECISION FIRES
TECHNOLOGY.
............... Composite [10,000]
tube and
propulsion
technology.
............... Novel [2,000]
printed
armament
components.
17 0602148A FUTURE VERTICLE 93,601 93,601
LIFT TECHNOLOGY.
18 0602150A AIR AND MISSILE 50,771 50,771
DEFENSE
TECHNOLOGY.
20 0602213A C3I APPLIED 18,947 23,947
CYBER.
............... Cyber [5,000]
research.
38 0602785A MANPOWER/ 20,873 20,873
PERSONNEL/
TRAINING
TECHNOLOGY.
40 0602787A MEDICAL 99,155 102,155
TECHNOLOGY.
............... Female [3,000]
warfighter
performance
research.
............... SUBTOTAL APPLIED 893,990 938,490
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
42 0603002A MEDICAL ADVANCED 42,030 42,030
TECHNOLOGY.
47 0603007A MANPOWER, 11,038 11,038
PERSONNEL AND
TRAINING
ADVANCED
TECHNOLOGY.
50 0603117A ARMY ADVANCED 63,338 63,338
TECHNOLOGY
DEVELOPMENT.
51 0603118A SOLDIER 118,468 118,468
LETHALITY
ADVANCED
TECHNOLOGY.
52 0603119A GROUND ADVANCED 12,593 32,593
TECHNOLOGY.
............... 100 hour [10,000]
battery.
............... Computationa [2,000]
l
manufacturin
g
engineering.
............... Lightweight [3,000]
protective
and
hardening
materials.
............... Robotic [5,000]
construction
research.
59 0603457A C3I CYBER 13,769 13,769
ADVANCED
DEVELOPMENT.
60 0603461A HIGH PERFORMANCE 184,755 184,755
COMPUTING
MODERNIZATION
PROGRAM.
61 0603462A NEXT GENERATION 160,035 185,035
COMBAT VEHICLE
ADVANCED
TECHNOLOGY.
............... Ground [5,000]
vehicle
sustainment
research.
............... Hydrogen [20,000]
fuel cell
propulsion &
autonomous
driving
controls.
62 0603463A NETWORK C3I 106,899 106,899
ADVANCED
TECHNOLOGY.
63 0603464A LONG RANGE 174,386 178,386
PRECISION FIRES
ADVANCED
TECHNOLOGY.
............... Hypersonics [4,000]
research.
64 0603465A FUTURE VERTICAL 151,640 151,640
LIFT ADVANCED
TECHNOLOGY.
65 0603466A AIR AND MISSILE 60,613 60,613
DEFENSE
ADVANCED
TECHNOLOGY.
............... SUBTOTAL 1,099,564 1,148,564
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
73 0603305A ARMY MISSLE 10,987 10,987
DEFENSE SYSTEMS
INTEGRATION.
74 0603327A AIR AND MISSILE 15,148 15,148
DEFENSE SYSTEMS
ENGINEERING.
75 0603619A LANDMINE WARFARE 92,915 92,915
AND BARRIER--
ADV DEV.
77 0603639A TANK AND MEDIUM 82,146 82,146
CALIBER
AMMUNITION.
78 0603645A ARMORED SYSTEM 157,656 157,656
MODERNIZATION--
ADV DEV.
79 0603747A SOLDIER SUPPORT 6,514 6,514
AND
SURVIVABILITY.
80 0603766A TACTICAL 34,890 34,890
ELECTRONIC
SURVEILLANCE
SYSTEM--ADV DEV.
81 0603774A NIGHT VISION 251,011 251,011
SYSTEMS
ADVANCED
DEVELOPMENT.
82 0603779A ENVIRONMENTAL 15,132 15,132
QUALITY
TECHNOLOGY--DEM/
VAL.
83 0603790A NATO RESEARCH 5,406 5,406
AND DEVELOPMENT.
84 0603801A AVIATION--ADV 459,290 534,890
DEV.
............... UPL FVL CS3 [75,600]
program
increase.
85 0603804A LOGISTICS AND 6,254 6,254
ENGINEER
EQUIPMENT--ADV
DEV.
86 0603807A MEDICAL SYSTEMS-- 31,175 31,175
ADV DEV.
87 0603827A SOLDIER SYSTEMS-- 22,113 22,113
ADVANCED
DEVELOPMENT.
88 0604017A ROBOTICS 115,222 115,222
DEVELOPMENT.
90 0604021A ELECTRONIC 18,043 18,043
WARFARE
TECHNOLOGY
MATURATION
(MIP).
91 0604100A ANALYSIS OF 10,023 10,023
ALTERNATIVES.
92 0604113A FUTURE TACTICAL 40,745 40,745
UNMANNED
AIRCRAFT SYSTEM
(FTUAS).
93 0604114A LOWER TIER AIR 427,772 427,772
MISSILE DEFENSE
(LTAMD) SENSOR.
94 0604115A TECHNOLOGY 196,676 196,676
MATURATION
INITIATIVES.
95 0604117A MANEUVER--SHORT 33,100 33,100
RANGE AIR
DEFENSE (M-
SHORAD).
97 0604119A ARMY ADVANCED 115,116 115,116
COMPONENT
DEVELOPMENT &
PROTOTYPING.
99 0604121A SYNTHETIC 136,761 136,761
TRAINING
ENVIRONMENT
REFINEMENT &
PROTOTYPING.
100 0604182A HYPERSONICS..... 228,000 358,610
............... UPL [130,610]
accelerate
Hypersonic
Weapons
System.
102 0604403A FUTURE 8,000 8,000
INTERCEPTOR.
103 0604541A UNIFIED NETWORK 39,600 39,600
TRANSPORT.
104 0604644A MOBILE MEDIUM 20,000 20,000
RANGE MISSILE.
106 0305251A CYBERSPACE 52,102 52,102
OPERATIONS
FORCES AND
FORCE SUPPORT.
107 1206120A ASSURED 192,562 192,562
POSITIONING,
NAVIGATION AND
TIMING (PNT).
108 1206308A ARMY SPACE 104,996 104,996
SYSTEMS
INTEGRATION.
............... SUBTOTAL 2,929,355 3,135,565
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
109 0604201A AIRCRAFT 29,164 29,164
AVIONICS.
110 0604270A ELECTRONIC 70,539 70,539
WARFARE
DEVELOPMENT.
113 0604601A INFANTRY SUPPORT 106,121 126,021
WEAPONS.
............... UPL Next [19,900]
Generation
Squad
Weapon--Auto
matic Rifle.
114 0604604A MEDIUM TACTICAL 2,152 2,152
VEHICLES.
115 0604611A JAVELIN......... 17,897 17,897
[[Page S3977]]
116 0604622A FAMILY OF HEAVY 16,745 16,745
TACTICAL
VEHICLES.
117 0604633A AIR TRAFFIC 6,989 6,989
CONTROL.
118 0604642A LIGHT TACTICAL 10,465 10,465
WHEELED
VEHICLES.
119 0604645A ARMORED SYSTEMS 310,152 310,152
MODERNIZATION
(ASM)--ENG DEV.
120 0604710A NIGHT VISION 181,732 181,732
SYSTEMS--ENG
DEV.
121 0604713A COMBAT FEEDING, 2,393 2,393
CLOTHING, AND
EQUIPMENT.
122 0604715A NON-SYSTEM 27,412 27,412
TRAINING
DEVICES--ENG
DEV.
123 0604741A AIR DEFENSE 43,502 43,502
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
124 0604742A CONSTRUCTIVE 11,636 11,636
SIMULATION
SYSTEMS
DEVELOPMENT.
125 0604746A AUTOMATIC TEST 10,915 10,915
EQUIPMENT
DEVELOPMENT.
126 0604760A DISTRIBUTIVE 7,801 7,801
INTERACTIVE
SIMULATIONS
(DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI- 25,000 25,000
ARMOR
SUBMUNITION
(BAT).
128 0604780A COMBINED ARMS 9,241 9,241
TACTICAL
TRAINER (CATT)
CORE.
129 0604798A BRIGADE 42,634 42,634
ANALYSIS,
INTEGRATION AND
EVALUATION.
130 0604802A WEAPONS AND 181,023 181,023
MUNITIONS--ENG
DEV.
131 0604804A LOGISTICS AND 103,226 103,226
ENGINEER
EQUIPMENT--ENG
DEV.
132 0604805A COMMAND, 12,595 12,595
CONTROL,
COMMUNICATIONS
SYSTEMS--ENG
DEV.
133 0604807A MEDICAL MATERIEL/ 48,264 48,264
MEDICAL
BIOLOGICAL
DEFENSE
EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/ 39,208 39,208
BARRIER--ENG
DEV.
135 0604818A ARMY TACTICAL 140,637 140,637
COMMAND &
CONTROL
HARDWARE &
SOFTWARE.
136 0604820A RADAR 105,243 105,243
DEVELOPMENT.
137 0604822A GENERAL FUND 46,683 46,683
ENTERPRISE
BUSINESS SYSTEM
(GFEBS).
138 0604823A FIREFINDER...... 17,294 17,294
139 0604827A SOLDIER SYSTEMS-- 5,803 5,803
WARRIOR DEM/VAL.
140 0604852A SUITE OF 98,698 98,698
SURVIVABILITY
ENHANCEMENT
SYSTEMS--EMD.
141 0604854A ARTILLERY 15,832 15,832
SYSTEMS--EMD.
142 0605013A INFORMATION 126,537 126,537
TECHNOLOGY
DEVELOPMENT.
143 0605018A INTEGRATED 142,773 0
PERSONNEL AND
PAY SYSTEM-ARMY
(IPPS-A).
............... Poor [-142,773]
business
process
reengineerin
g.
144 0605028A ARMORED MULTI- 96,730 96,730
PURPOSE VEHICLE
(AMPV).
145 0605029A INTEGRATED 6,699 6,699
GROUND SECURITY
SURVEILLANCE
RESPONSE
CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL 15,882 15,882
NETWORK CENTER
(JTNC).
147 0605031A JOINT TACTICAL 40,808 40,808
NETWORK (JTN).
149 0605033A GROUND-BASED 3,847 3,847
OPERATIONAL
SURVEILLANCE
SYSTEM--EXPEDIT
IONARY (GBOSS-
E).
150 0605034A TACTICAL 6,928 6,928
SECURITY SYSTEM
(TSS).
151 0605035A COMMON INFRARED 34,488 34,488
COUNTERMEASURES
(CIRCM).
152 0605036A COMBATING 10,000 10,000
WEAPONS OF MASS
DESTRUCTION
(CWMD).
154 0605038A NUCLEAR 6,054 6,054
BIOLOGICAL
CHEMICAL
RECONNAISSANCE
VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER 62,262 62,262
TOOL
DEVELOPMENT.
156 0605042A TACTICAL NETWORK 35,654 35,654
RADIO SYSTEMS
(LOW-TIER).
157 0605047A CONTRACT WRITING 19,682 0
SYSTEM.
............... Program [-19,682]
duplication.
158 0605049A MISSILE WARNING 1,539 1,539
SYSTEM
MODERNIZATION
(MWSM).
159 0605051A AIRCRAFT 64,557 64,557
SURVIVABILITY
DEVELOPMENT.
160 0605052A INDIRECT FIRE 243,228 149,628
PROTECTION
CAPABILITY INC
2--BLOCK 1.
............... EMAM [-124,200]
development
ahead of
need.
............... Iron Dome [20,600]
testing and
delivery.
............... UPL Multi- [10,000]
Domain
Artillery.
161 0605053A GROUND ROBOTICS. 41,308 28,508
............... Army [-12,800]
requested
realignment.
162 0605054A EMERGING 45,896 45,896
TECHNOLOGY
INITIATIVES.
163 0605203A ARMY SYSTEM 164,883 164,883
DEVELOPMENT &
DEMONSTRATION.
165 0605450A JOINT AIR-TO- 9,500 9,500
GROUND MISSILE
(JAGM).
166 0605457A ARMY INTEGRATED 208,938 208,938
AIR AND MISSILE
DEFENSE (AIAMD).
167 0605625A MANNED GROUND 378,400 418,400
VEHICLE.
............... UPL NGCV [40,000]
50mm gun.
168 0605766A NATIONAL 7,835 7,835
CAPABILITIES
INTEGRATION
(MIP).
169 0605812A JOINT LIGHT 2,732 7,232
TACTICAL
VEHICLE (JLTV)
ENGINEERING AND
MANUFACTURING
DEVELOPMENT PH.
............... Army [4,500]
requested
realignment.
170 0605830A AVIATION GROUND 1,664 1,664
SUPPORT
EQUIPMENT.
172 0303032A TROJAN--RH12.... 3,936 3,936
174 0304270A ELECTRONIC 19,675 19,675
WARFARE
DEVELOPMENT.
............... SUBTOTAL SYSTEM 3,549,431 3,344,976
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
176 0604256A THREAT SIMULATOR 14,117 16,117
DEVELOPMENT.
............... Cybersecurit [2,000]
y threat
simulation.
177 0604258A TARGET SYSTEMS 8,327 8,327
DEVELOPMENT.
178 0604759A MAJOR T&E 136,565 136,565
INVESTMENT.
179 0605103A RAND ARROYO 13,113 13,113
CENTER.
180 0605301A ARMY KWAJALEIN 238,691 238,691
ATOLL.
181 0605326A CONCEPTS 42,922 42,922
EXPERIMENTATION
PROGRAM.
183 0605601A ARMY TEST RANGES 334,468 349,468
AND FACILITIES.
............... Directed [15,000]
energy test
capabilities.
184 0605602A ARMY TECHNICAL 46,974 46,974
TEST
INSTRUMENTATION
AND TARGETS.
185 0605604A SURVIVABILITY/ 35,075 35,075
LETHALITY
ANALYSIS.
186 0605606A AIRCRAFT 3,461 3,461
CERTIFICATION.
187 0605702A METEOROLOGICAL 6,233 6,233
SUPPORT TO
RDT&E
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS 21,342 21,342
ANALYSIS.
189 0605709A EXPLOITATION OF 11,168 11,168
FOREIGN ITEMS.
190 0605712A SUPPORT OF 52,723 52,723
OPERATIONAL
TESTING.
191 0605716A ARMY EVALUATION 60,815 60,815
CENTER.
192 0605718A ARMY MODELING & 2,527 2,527
SIM X-CMD
COLLABORATION &
INTEG.
[[Page S3978]]
193 0605801A PROGRAMWIDE 58,175 58,175
ACTIVITIES.
194 0605803A TECHNICAL 25,060 25,060
INFORMATION
ACTIVITIES.
195 0605805A MUNITIONS 44,458 44,458
STANDARDIZATION
, EFFECTIVENESS
AND SAFETY.
196 0605857A ENVIRONMENTAL 4,681 4,681
QUALITY
TECHNOLOGY MGMT
SUPPORT.
197 0605898A ARMY DIRECT 53,820 53,820
REPORT
HEADQUARTERS--R
&D - MHA.
198 0606001A MILITARY GROUND- 4,291 4,291
BASED CREW
TECHNOLOGY.
199 0606002A RONALD REAGAN 62,069 62,069
BALLISTIC
MISSILE DEFENSE
TEST SITE.
200 0606003A COUNTERINTEL AND 1,050 1,050
HUMAN INTEL
MODERNIZATION.
201 0606942A ASSESSMENTS AND 4,500 4,500
EVALUATIONS
CYBER
VULNERABILITIES.
............... SUBTOTAL RDT&E 1,286,625 1,303,625
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
204 0603778A MLRS PRODUCT 22,877 22,877
IMPROVEMENT
PROGRAM.
206 0605024A ANTI-TAMPER 8,491 8,491
TECHNOLOGY
SUPPORT.
207 0607131A WEAPONS AND 15,645 15,645
MUNITIONS
PRODUCT
IMPROVEMENT
PROGRAMS.
209 0607134A LONG RANGE 164,182 164,182
PRECISION FIRES
(LRPF).
211 0607136A BLACKHAWK 13,039 13,039
PRODUCT
IMPROVEMENT
PROGRAM.
212 0607137A CHINOOK PRODUCT 174,371 174,371
IMPROVEMENT
PROGRAM.
213 0607138A FIXED WING 4,545 4,545
PRODUCT
IMPROVEMENT
PROGRAM.
214 0607139A IMPROVED TURBINE 206,434 206,434
ENGINE PROGRAM.
216 0607142A AVIATION ROCKET 24,221 24,221
SYSTEM PRODUCT
IMPROVEMENT AND
DEVELOPMENT.
217 0607143A UNMANNED 32,016 32,016
AIRCRAFT SYSTEM
UNIVERSAL
PRODUCTS.
218 0607145A APACHE FUTURE 5,448 5,448
DEVELOPMENT.
219 0607312A ARMY OPERATIONAL 49,526 49,526
SYSTEMS
DEVELOPMENT.
220 0607665A FAMILY OF 1,702 1,702
BIOMETRICS.
221 0607865A PATRIOT PRODUCT 96,430 96,430
IMPROVEMENT.
222 0203728A JOINT AUTOMATED 47,398 47,398
DEEP OPERATION
COORDINATION
SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE 334,463 334,463
IMPROVEMENT
PROGRAMS.
225 0203743A 155MM SELF- 214,246 214,246
PROPELLED
HOWITZER
IMPROVEMENTS.
226 0203744A AIRCRAFT 16,486 16,486
MODIFICATIONS/
PRODUCT
IMPROVEMENT
PROGRAMS.
227 0203752A AIRCRAFT ENGINE 144 144
COMPONENT
IMPROVEMENT
PROGRAM.
228 0203758A DIGITIZATION.... 5,270 5,270
229 0203801A MISSILE/AIR 1,287 1,287
DEFENSE PRODUCT
IMPROVEMENT
PROGRAM.
230 0203802A OTHER MISSILE 0 24,100
PRODUCT
IMPROVEMENT
PROGRAMS.
............... UPL CD [24,100]
ATACMS.
234 0205412A ENVIRONMENTAL 732 732
QUALITY
TECHNOLOGY--OPE
RATIONAL SYSTEM
DEV.
235 0205456A LOWER TIER AIR 107,746 107,746
AND MISSILE
DEFENSE (AMD)
SYSTEM.
236 0205778A GUIDED MULTIPLE- 138,594 138,594
LAUNCH ROCKET
SYSTEM (GMLRS).
238 0303028A SECURITY AND 13,845 13,845
INTELLIGENCE
ACTIVITIES.
239 0303140A INFORMATION 29,185 29,185
SYSTEMS
SECURITY
PROGRAM.
240 0303141A GLOBAL COMBAT 68,976 68,976
SUPPORT SYSTEM.
241 0303150A WWMCCS/GLOBAL 2,073 2,073
COMMAND AND
CONTROL SYSTEM.
245 0305179A INTEGRATED 459 459
BROADCAST
SERVICE (IBS).
246 0305204A TACTICAL 5,097 5,097
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 11,177 11,177
RECONNAISSANCE
SYSTEMS.
248 0305208A DISTRIBUTED 38,121 38,121
COMMON GROUND/
SURFACE SYSTEMS.
250 0305232A RQ-11 UAV....... 3,218 3,218
251 0305233A RQ-7 UAV........ 7,817 7,817
252 0307665A BIOMETRICS 2,000 2,000
ENABLED
INTELLIGENCE.
253 0708045A END ITEM 59,848 62,848
INDUSTRIAL
PREPAREDNESS
ACTIVITIES.
............... Nanoscale [3,000]
materials
manufacturin
g.
254 1203142A SATCOM GROUND 34,169 34,169
ENVIRONMENT
(SPACE).
255 1208053A JOINT TACTICAL 10,275 10,275
GROUND SYSTEM.
999 9999999999 CLASSIFIED 7,273 7,273
PROGRAMS.
............... SUBTOTAL 1,978,826 2,005,926
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 12,192,771 12,344,126
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... BASIC RESEARCH
1 0601103N UNIVERSITY 116,850 126,850
RESEARCH
INITIATIVES.
............... Cyber basic [10,000]
research.
2 0601152N IN-HOUSE 19,121 19,121
LABORATORY
INDEPENDENT
RESEARCH.
3 0601153N DEFENSE RESEARCH 470,007 470,007
SCIENCES.
............... SUBTOTAL BASIC 605,978 615,978
RESEARCH.
...............
............... APPLIED RESEARCH
4 0602114N POWER PROJECTION 18,546 18,546
APPLIED
RESEARCH.
5 0602123N FORCE PROTECTION 119,517 136,017
APPLIED
RESEARCH.
............... Carbon [8,000]
capture.
............... Electric [2,500]
propulsion
research.
............... Energy [3,000]
resilience
research.
............... Program [-5,000]
reduction.
............... Test bed for [8,000]
autonomous
ship systems.
6 0602131M MARINE CORPS 56,604 59,604
LANDING FORCE
TECHNOLOGY.
............... Interdiscipl [3,000]
inary
cybersecurit
y.
7 0602235N COMMON PICTURE 49,297 44,297
APPLIED
RESEARCH.
............... Coordinate [-5,000]
space
activities.
8 0602236N WARFIGHTER 63,825 65,825
SUSTAINMENT
APPLIED
RESEARCH.
............... Warfighter [2,000]
safety and
performance
research.
9 0602271N ELECTROMAGNETIC 83,497 78,497
SYSTEMS APPLIED
RESEARCH.
............... Coordinate [-5,000]
EW
activities.
10 0602435N OCEAN 63,894 63,894
WARFIGHTING
ENVIRONMENT
APPLIED
RESEARCH.
[[Page S3979]]
11 0602651M JOINT NON-LETHAL 6,346 6,346
WEAPONS APPLIED
RESEARCH.
12 0602747N UNDERSEA WARFARE 57,075 64,575
APPLIED
RESEARCH.
............... Undersea [7,500]
vehicle
technology
research.
13 0602750N FUTURE NAVAL 154,755 154,755
CAPABILITIES
APPLIED
RESEARCH.
14 0602782N MINE AND 36,074 36,074
EXPEDITIONARY
WARFARE APPLIED
RESEARCH.
15 0602792N INNOVATIVE NAVAL 153,062 153,062
PROTOTYPES
(INP) APPLIED
RESEARCH.
16 0602861N SCIENCE AND 73,961 73,961
TECHNOLOGY
MANAGEMENT--ONR
FIELD
ACITIVITIES.
............... SUBTOTAL APPLIED 936,453 955,453
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
17 0603123N FORCE PROTECTION 35,286 35,286
ADVANCED
TECHNOLOGY.
18 0603271N ELECTROMAGNETIC 9,499 9,499
SYSTEMS
ADVANCED
TECHNOLOGY.
19 0603640M USMC ADVANCED 172,847 176,847
TECHNOLOGY
DEMONSTRATION
(ATD).
............... Consolidate [-5,000]
efforts in
AI/ML with
Joint Force.
............... UPL MUDLAN [9,000]
program
increase.
20 0603651M JOINT NON-LETHAL 13,307 13,307
WEAPONS
TECHNOLOGY
DEVELOPMENT.
21 0603673N FUTURE NAVAL 231,907 231,907
CAPABILITIES
ADVANCED
TECHNOLOGY
DEVELOPMENT.
22 0603680N MANUFACTURING 60,138 60,138
TECHNOLOGY
PROGRAM.
23 0603729N WARFIGHTER 4,849 4,849
PROTECTION
ADVANCED
TECHNOLOGY.
25 0603758N NAVY WARFIGHTING 67,739 67,739
EXPERIMENTS AND
DEMONSTRATIONS.
26 0603782N MINE AND 13,335 13,335
EXPEDITIONARY
WARFARE
ADVANCED
TECHNOLOGY.
27 0603801N INNOVATIVE NAVAL 133,303 128,303
PROTOTYPES
(INP) ADVANCED
TECHNOLOGY
DEVELOPMENT.
............... Reduce [-5,000]
electronic
manuever.
............... SUBTOTAL 742,210 741,210
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
28 0603207N AIR/OCEAN 32,643 38,643
TACTICAL
APPLICATIONS.
............... Program [6,000]
increase for
1 REMUS 600
vehicle.
29 0603216N AVIATION 11,919 11,919
SURVIVABILITY.
30 0603251N AIRCRAFT SYSTEMS 1,473 1,473
31 0603254N ASW SYSTEMS 7,172 7,172
DEVELOPMENT.
32 0603261N TACTICAL 3,419 3,419
AIRBORNE
RECONNAISSANCE.
33 0603382N ADVANCED COMBAT 64,694 64,694
SYSTEMS
TECHNOLOGY.
34 0603502N SURFACE AND 507,000 134,500
SHALLOW WATER
MINE
COUNTERMEASURES.
............... Excess [-372,500]
procurement
ahead of
satisfactory
testing.
35 0603506N SURFACE SHIP 15,800 15,800
TORPEDO DEFENSE.
36 0603512N CARRIER SYSTEMS 4,997 4,997
DEVELOPMENT.
37 0603525N PILOT FISH...... 291,148 291,148
38 0603527N RETRACT LARCH... 11,980 11,980
39 0603536N RETRACT JUNIPER. 129,163 129,163
40 0603542N RADIOLOGICAL 689 689
CONTROL.
41 0603553N SURFACE ASW..... 1,137 1,137
42 0603561N ADVANCED 148,756 153,756
SUBMARINE
SYSTEM
DEVELOPMENT.
............... Project [5,000]
2033: Test
site
emergent
repairs.
43 0603562N SUBMARINE 11,192 11,192
TACTICAL
WARFARE SYSTEMS.
44 0603563N SHIP CONCEPT 81,846 57,846
ADVANCED DESIGN.
............... Early to [-24,000]
need.
45 0603564N SHIP PRELIMINARY 69,084 22,484
DESIGN &
FEASIBILITY
STUDIES.
............... Early to [-46,600]
need.
46 0603570N ADVANCED NUCLEAR 181,652 181,652
POWER SYSTEMS.
47 0603573N ADVANCED SURFACE 25,408 150,408
MACHINERY
SYSTEMS.
............... Surface [125,000]
combatant
component-
level
prototyping.
48 0603576N CHALK EAGLE..... 64,877 64,877
49 0603581N LITTORAL COMBAT 9,934 9,934
SHIP (LCS).
50 0603582N COMBAT SYSTEM 17,251 17,251
INTEGRATION.
51 0603595N OHIO REPLACEMENT 419,051 434,051
............... Accelerate [15,000]
advanced
propulsor
development.
52 0603596N LCS MISSION 108,505 103,505
MODULES.
............... Availabe [-5,000]
prior year
funds due to
SUW MP
testing
delay.
53 0603597N AUTOMATED TEST 7,653 7,653
AND ANALYSIS.
54 0603599N FRIGATE 59,007 59,007
DEVELOPMENT.
55 0603609N CONVENTIONAL 9,988 9,988
MUNITIONS.
56 0603635M MARINE CORPS 86,464 86,464
GROUND COMBAT/
SUPPORT SYSTEM.
57 0603654N JOINT SERVICE 33,478 33,478
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
58 0603713N OCEAN 5,619 5,619
ENGINEERING
TECHNOLOGY
DEVELOPMENT.
59 0603721N ENVIRONMENTAL 20,564 20,564
PROTECTION.
60 0603724N NAVY ENERGY 26,514 26,514
PROGRAM.
61 0603725N FACILITIES 3,440 3,440
IMPROVEMENT.
62 0603734N CHALK CORAL..... 346,800 346,800
63 0603739N NAVY LOGISTIC 3,857 3,857
PRODUCTIVITY.
64 0603746N RETRACT MAPLE... 258,519 258,519
65 0603748N LINK PLUMERIA... 403,909 403,909
66 0603751N RETRACT ELM..... 63,434 63,434
67 0603764N LINK EVERGREEN.. 184,110 184,110
68 0603790N NATO RESEARCH 7,697 7,697
AND DEVELOPMENT.
69 0603795N LAND ATTACK 9,086 9,086
TECHNOLOGY.
70 0603851M JOINT NON-LETHAL 28,466 28,466
WEAPONS TESTING.
71 0603860N JOINT PRECISION 51,341 51,341
APPROACH AND
LANDING
SYSTEMS--DEM/
VAL.
72 0603925N DIRECTED ENERGY 118,169 118,169
AND ELECTRIC
WEAPON SYSTEMS.
73 0604014N F/A -18 INFRARED 113,456 113,456
SEARCH AND
TRACK (IRST).
74 0604027N DIGITAL WARFARE 50,120 50,120
OFFICE.
75 0604028N SMALL AND MEDIUM 32,527 32,527
UNMANNED
UNDERSEA
VEHICLES.
76 0604029N UNMANNED 54,376 54,376
UNDERSEA
VEHICLE CORE
TECHNOLOGIES.
[[Page S3980]]
77 0604030N RAPID 36,197 36,197
PROTOTYPING,
EXPERIMENTATION
AND
DEMONSTRATION..
78 0604031N LARGE UNMANNED 68,310 68,310
UNDERSEA
VEHICLES.
79 0604112N GERALD R. FORD 121,310 121,310
CLASS NUCLEAR
AIRCRAFT
CARRIER (CVN
78--80).
80 0604126N LITTORAL 17,248 17,248
AIRBORNE MCM.
81 0604127N SURFACE MINE 18,735 18,735
COUNTERMEASURES.
82 0604272N TACTICAL AIR 68,346 68,346
DIRECTIONAL
INFRARED
COUNTERMEASURES
(TADIRCM).
84 0604289M NEXT GENERATION 4,420 13,420
LOGISTICS.
............... Additive [9,000]
manufacturin
g logistics
software
pilot.
85 0604320M RAPID TECHNOLOGY 4,558 4,558
CAPABILITY
PROTOTYPE.
86 0604454N LX (R).......... 12,500 12,500
87 0604536N ADVANCED 181,967 181,967
UNDERSEA
PROTOTYPING.
88 0604636N COUNTER UNMANNED 5,500 5,500
AIRCRAFT
SYSTEMS (C-UAS).
89 0604659N PRECISION STRIKE 718,148 723,148
WEAPONS
DEVELOPMENT
PROGRAM.
............... Increase for [5,000]
SLCM-N AOA.
90 0604707N SPACE AND 5,263 5,263
ELECTRONIC
WARFARE (SEW)
ARCHITECTURE/
ENGINEERING
SUPPORT.
91 0604786N OFFENSIVE ANTI- 65,419 65,419
SURFACE WARFARE
WEAPON
DEVELOPMENT.
92 0303354N ASW SYSTEMS 9,991 9,991
DEVELOPMENT--MI
P.
93 0304240M ADVANCED 21,157 21,157
TACTICAL
UNMANNED
AIRCRAFT SYSTEM.
95 0304270N ELECTRONIC 609 609
WARFARE
DEVELOPMENT--MI
P.
............... SUBTOTAL 5,559,062 5,275,962
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
96 0603208N TRAINING SYSTEM 15,514 15,514
AIRCRAFT.
97 0604212N OTHER HELO 28,835 28,835
DEVELOPMENT.
98 0604214M AV-8B AIRCRAFT-- 27,441 27,441
ENG DEV.
100 0604215N STANDARDS 3,642 3,642
DEVELOPMENT.
101 0604216N MULTI-MISSION 19,196 19,196
HELICOPTER
UPGRADE
DEVELOPMENT.
104 0604230N WARFARE SUPPORT 8,601 8,601
SYSTEM.
105 0604231N TACTICAL COMMAND 77,232 77,232
SYSTEM.
106 0604234N ADVANCED HAWKEYE 232,752 232,752
107 0604245M H-1 UPGRADES.... 65,359 65,359
109 0604261N ACOUSTIC SEARCH 47,013 47,013
SENSORS.
110 0604262N V-22A........... 185,105 190,605
............... Increase [5,500]
reliability
and reduce
vibrations
of V-22
Nacelles.
111 0604264N AIR CREW SYSTEMS 21,172 21,172
DEVELOPMENT.
112 0604269N EA-18........... 143,585 143,585
113 0604270N ELECTRONIC 116,811 116,811
WARFARE
DEVELOPMENT.
114 0604273M EXECUTIVE HELO 187,436 187,436
DEVELOPMENT.
116 0604274N NEXT GENERATION 524,261 524,261
JAMMER (NGJ).
117 0604280N JOINT TACTICAL 192,345 192,345
RADIO SYSTEM--
NAVY (JTRS-
NAVY).
118 0604282N NEXT GENERATION 111,068 111,068
JAMMER (NGJ)
INCREMENT II.
119 0604307N SURFACE 415,625 415,625
COMBATANT
COMBAT SYSTEM
ENGINEERING.
120 0604311N LPD-17 CLASS 640 640
SYSTEMS
INTEGRATION.
121 0604329N SMALL DIAMETER 50,096 50,096
BOMB (SDB).
122 0604366N STANDARD MISSILE 232,391 232,391
IMPROVEMENTS.
123 0604373N AIRBORNE MCM.... 10,916 10,916
124 0604378N NAVAL INTEGRATED 33,379 33,379
FIRE CONTROL--
COUNTER AIR
SYSTEMS
ENGINEERING.
125 0604501N ADVANCED ABOVE 34,554 34,554
WATER SENSORS.
126 0604503N SSN-688 AND 84,663 84,663
TRIDENT
MODERNIZATION.
127 0604504N AIR CONTROL..... 44,923 44,923
128 0604512N SHIPBOARD 10,632 10,632
AVIATION
SYSTEMS.
129 0604518N COMBAT 16,094 16,094
INFORMATION
CENTER
CONVERSION.
130 0604522N AIR AND MISSILE 55,349 55,349
DEFENSE RADAR
(AMDR) SYSTEM.
131 0604530N ADVANCED 123,490 123,490
ARRESTING GEAR
(AAG).
132 0604558N NEW DESIGN SSN.. 121,010 121,010
133 0604562N SUBMARINE 62,426 62,426
TACTICAL
WARFARE SYSTEM.
134 0604567N SHIP CONTRACT 46,809 46,809
DESIGN/ LIVE
FIRE T&E.
135 0604574N NAVY TACTICAL 3,692 3,692
COMPUTER
RESOURCES.
137 0604601N MINE DEVELOPMENT 28,964 100,264
............... UPL [71,300]
Quickstrike
JDAM ER.
138 0604610N LIGHTWEIGHT 148,349 148,349
TORPEDO
DEVELOPMENT.
139 0604654N JOINT SERVICE 8,237 8,237
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
140 0604657M USMC GROUND 22,000 22,000
COMBAT/
SUPPORTING ARMS
SYSTEMS--ENG
DEV.
141 0604703N PERSONNEL, 5,500 5,500
TRAINING,
SIMULATION, AND
HUMAN FACTORS.
142 0604727N JOINT STANDOFF 18,725 18,725
WEAPON SYSTEMS.
143 0604755N SHIP SELF 192,603 192,603
DEFENSE (DETECT
& CONTROL).
144 0604756N SHIP SELF 137,268 137,268
DEFENSE
(ENGAGE: HARD
KILL).
145 0604757N SHIP SELF 97,363 97,363
DEFENSE
(ENGAGE: SOFT
KILL/EW).
146 0604761N INTELLIGENCE 26,710 26,710
ENGINEERING.
147 0604771N MEDICAL 8,181 8,181
DEVELOPMENT.
148 0604777N NAVIGATION/ID 40,755 40,755
SYSTEM.
149 0604800M JOINT STRIKE 1,710 1,710
FIGHTER (JSF)--
EMD.
150 0604800N JOINT STRIKE 1,490 1,490
FIGHTER (JSF)--
EMD.
153 0605013M INFORMATION 1,494 1,494
TECHNOLOGY
DEVELOPMENT.
154 0605013N INFORMATION 384,162 328,722
TECHNOLOGY
DEVELOPMENT.
............... eProcurement [-55,440]
program
duplication.
155 0605024N ANTI-TAMPER 4,882 4,882
TECHNOLOGY
SUPPORT.
156 0605212M CH-53K RDTE..... 516,955 506,955
............... Early to [-10,000]
need.
158 0605215N MISSION PLANNING 75,886 75,886
159 0605217N COMMON AVIONICS. 43,187 43,187
160 0605220N SHIP TO SHORE 4,909 19,909
CONNECTOR (SSC).
............... Expand [15,000]
development
and use of
composite
materials.
[[Page S3981]]
161 0605327N T-AO 205 CLASS.. 1,682 1,682
162 0605414N UNMANNED CARRIER 671,258 671,258
AVIATION (UCA).
163 0605450M JOINT AIR-TO- 18,393 18,393
GROUND MISSILE
(JAGM).
165 0605500N MULTI-MISSION 21,472 21,472
MARITIME
AIRCRAFT (MMA).
166 0605504N MULTI-MISSION 177,234 177,234
MARITIME (MMA)
INCREMENT III.
167 0605611M MARINE CORPS 77,322 77,322
ASSAULT
VEHICLES SYSTEM
DEVELOPMENT &
DEMONSTRATION.
168 0605813M JOINT LIGHT 2,105 2,105
TACTICAL
VEHICLE (JLTV)
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000........ 111,435 111,435
172 0304785N TACTICAL 101,339 101,339
CRYPTOLOGIC
SYSTEMS.
173 0306250M CYBER OPERATIONS 26,406 26,406
TECHNOLOGY
DEVELOPMENT.
............... SUBTOTAL SYSTEM 6,332,033 6,358,393
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
174 0604256N THREAT SIMULATOR 66,678 66,678
DEVELOPMENT.
175 0604258N TARGET SYSTEMS 12,027 12,027
DEVELOPMENT.
176 0604759N MAJOR T&E 85,348 85,348
INVESTMENT.
178 0605152N STUDIES AND 3,908 3,908
ANALYSIS
SUPPORT--NAVY.
179 0605154N CENTER FOR NAVAL 47,669 47,669
ANALYSES.
180 0605285N NEXT GENERATION 20,698 20,698
FIGHTER.
182 0605804N TECHNICAL 988 988
INFORMATION
SERVICES.
183 0605853N MANAGEMENT, 102,401 102,401
TECHNICAL &
INTERNATIONAL
SUPPORT.
184 0605856N STRATEGIC 3,742 3,742
TECHNICAL
SUPPORT.
186 0605863N RDT&E SHIP AND 93,872 93,872
AIRCRAFT
SUPPORT.
187 0605864N TEST AND 394,020 394,020
EVALUATION
SUPPORT.
188 0605865N OPERATIONAL TEST 25,145 25,145
AND EVALUATION
CAPABILITY.
189 0605866N NAVY SPACE AND 15,773 15,773
ELECTRONIC
WARFARE (SEW)
SUPPORT.
190 0605867N SEW SURVEILLANCE/ 8,402 8,402
RECONNAISSANCE
SUPPORT.
191 0605873M MARINE CORPS 37,265 37,265
PROGRAM WIDE
SUPPORT.
192 0605898N MANAGEMENT HQ-- 39,673 39,673
R&D.
193 0606355N WARFARE 28,750 28,750
INNOVATION
MANAGEMENT.
196 0305327N INSIDER THREAT.. 2,645 2,645
197 0902498N MANAGEMENT 1,460 1,460
HEADQUARTERS
(DEPARTMENTAL
SUPPORT
ACTIVITIES).
............... SUBTOTAL 990,464 990,464
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
202 0604227N HARPOON 2,302 2,302
MODIFICATIONS.
203 0604840M F-35 C2D2....... 422,881 422,881
204 0604840N F-35 C2D2....... 383,741 383,741
205 0607658N COOPERATIVE 127,924 127,924
ENGAGEMENT
CAPABILITY
(CEC).
207 0101221N STRATEGIC SUB & 157,676 157,676
WEAPONS SYSTEM
SUPPORT.
208 0101224N SSBN SECURITY 43,354 43,354
TECHNOLOGY
PROGRAM.
209 0101226N SUBMARINE 6,815 6,815
ACOUSTIC
WARFARE
DEVELOPMENT.
210 0101402N NAVY STRATEGIC 31,174 31,174
COMMUNICATIONS.
211 0204136N F/A-18 SQUADRONS 213,715 213,715
213 0204228N SURFACE SUPPORT. 36,389 36,389
214 0204229N TOMAHAWK AND 320,134 320,134
TOMAHAWK
MISSION
PLANNING CENTER
(TMPC).
215 0204311N INTEGRATED 88,382 103,382
SURVEILLANCE
SYSTEM.
............... Additional [15,000]
TRAPS units.
216 0204313N SHIP-TOWED ARRAY 14,449 14,449
SURVEILLANCE
SYSTEMS.
217 0204413N AMPHIBIOUS 6,931 6,931
TACTICAL
SUPPORT UNITS
(DISPLACEMENT
CRAFT).
218 0204460M GROUND/AIR TASK 23,891 23,891
ORIENTED RADAR
(G/ATOR).
219 0204571N CONSOLIDATED 129,873 129,873
TRAINING
SYSTEMS
DEVELOPMENT.
221 0204575N ELECTRONIC 82,325 82,325
WARFARE (EW)
READINESS
SUPPORT.
222 0205601N HARM IMPROVEMENT 138,431 138,431
224 0205620N SURFACE ASW 29,572 29,572
COMBAT SYSTEM
INTEGRATION.
225 0205632N MK-48 ADCAP..... 85,973 85,973
226 0205633N AVIATION 125,461 125,461
IMPROVEMENTS.
227 0205675N OPERATIONAL 106,192 106,192
NUCLEAR POWER
SYSTEMS.
228 0206313M MARINE CORPS 143,317 143,317
COMMUNICATIONS
SYSTEMS.
229 0206335M COMMON AVIATION 4,489 4,489
COMMAND AND
CONTROL SYSTEM
(CAC2S).
230 0206623M MARINE CORPS 51,788 51,788
GROUND COMBAT/
SUPPORTING ARMS
SYSTEMS.
231 0206624M MARINE CORPS 37,761 42,761
COMBAT SERVICES
SUPPORT.
............... Airborne [5,000]
Power
Generation
Tech
Development.
232 0206625M USMC 21,458 21,458
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
233 0206629M AMPHIBIOUS 5,476 5,476
ASSAULT VEHICLE.
234 0207161N TACTICAL AIM 19,488 19,488
MISSILES.
235 0207163N ADVANCED MEDIUM 39,029 39,029
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
239 0303109N SATELLITE 34,344 34,344
COMMUNICATIONS
(SPACE).
240 0303138N CONSOLIDATED 22,873 22,873
AFLOAT NETWORK
ENTERPRISE
SERVICES
(CANES).
241 0303140N INFORMATION 41,853 41,853
SYSTEMS
SECURITY
PROGRAM.
243 0305192N MILITARY 8,913 8,913
INTELLIGENCE
PROGRAM (MIP)
ACTIVITIES.
244 0305204N TACTICAL 9,451 9,451
UNMANNED AERIAL
VEHICLES.
245 0305205N UAS INTEGRATION 42,315 42,315
AND
INTEROPERABILIT
Y.
246 0305208M DISTRIBUTED 22,042 22,042
COMMON GROUND/
SURFACE SYSTEMS.
248 0305220N MQ-4C TRITON.... 11,784 11,784
249 0305231N MQ-8 UAV........ 29,618 29,618
250 0305232M RQ-11 UAV....... 509 509
251 0305234N SMALL (LEVEL 0) 11,545 11,545
TACTICAL UAS
(STUASL0).
252 0305239M RQ-21A.......... 10,914 10,914
253 0305241N MULTI- 70,612 70,612
INTELLIGENCE
SENSOR
DEVELOPMENT.
254 0305242M UNMANNED AERIAL 3,704 3,704
SYSTEMS (UAS)
PAYLOADS (MIP).
255 0305421N RQ-4 202,346 202,346
MODERNIZATION.
256 0308601N MODELING AND 7,119 7,119
SIMULATION
SUPPORT.
[[Page S3982]]
257 0702207N DEPOT 38,182 38,182
MAINTENANCE
(NON-IF).
258 0708730N MARITIME 6,779 6,779
TECHNOLOGY
(MARITECH).
259 1203109N SATELLITE 15,868 15,868
COMMUNICATIONS
(SPACE).
999 9999999999 CLASSIFIED 1,613,137 1,613,137
PROGRAMS.
............... SUBTOTAL 5,104,299 5,124,299
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 20,270,499 20,061,759
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... BASIC RESEARCH
1 0601102F DEFENSE RESEARCH 356,107 356,107
SCIENCES.
2 0601103F UNIVERSITY 158,859 158,859
RESEARCH
INITIATIVES.
3 0601108F HIGH ENERGY 14,795 14,795
LASER RESEARCH
INITIATIVES.
............... SUBTOTAL BASIC 529,761 529,761
RESEARCH.
...............
............... APPLIED RESEARCH
4 0602102F MATERIALS....... 128,851 122,851
............... Advanced [4,000]
materials
high energy
x-ray.
............... Duplicative [-10,000]
material
research.
5 0602201F AEROSPACE 147,724 137,724
VEHICLE
TECHNOLOGIES.
............... Reduce [-10,000]
program
growth.
6 0602202F HUMAN 131,795 131,795
EFFECTIVENESS
APPLIED
RESEARCH.
7 0602203F AEROSPACE 198,775 198,775
PROPULSION.
8 0602204F AEROSPACE 202,912 202,912
SENSORS.
10 0602298F SCIENCE AND 7,968 7,968
TECHNOLOGY
MANAGEMENT--
MAJOR
HEADQUARTERS
ACTIVITIES.
12 0602602F CONVENTIONAL 142,772 142,772
MUNITIONS.
13 0602605F DIRECTED ENERGY 124,379 124,379
TECHNOLOGY.
14 0602788F DOMINANT 181,562 199,062
INFORMATION
SCIENCES AND
METHODS.
............... Counter UAS [2,500]
cyber.
............... Cyberspace [10,000]
dominance
technology
research.
............... Quantum [5,000]
science.
15 0602890F HIGH ENERGY 44,221 49,221
LASER RESEARCH.
............... High power [5,000]
microwave
research.
16 1206601F SPACE TECHNOLOGY 124,667 124,667
............... SUBTOTAL APPLIED 1,435,626 1,442,126
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
17 0603112F ADVANCED 36,586 38,586
MATERIALS FOR
WEAPON SYSTEMS.
............... Metals [2,000]
affordabilit
y research.
18 0603199F SUSTAINMENT 16,249 16,249
SCIENCE AND
TECHNOLOGY
(S&T).
19 0603203F ADVANCED 38,292 38,292
AEROSPACE
SENSORS.
20 0603211F AEROSPACE 102,949 307,949
TECHNOLOGY DEV/
DEMO.
............... Accelerate [75,000]
air
breathing
hypersonic
program.
............... Active [5,000]
winglets
development.
............... Advanced [25,000]
Personnel
Recovery.
............... LCAAT....... [100,000]
21 0603216F AEROSPACE 113,973 123,973
PROPULSION AND
POWER
TECHNOLOGY.
............... Advanced [10,000]
turbine
engine gas
generator.
22 0603270F ELECTRONIC 48,408 38,408
COMBAT
TECHNOLOGY.
............... Duplicative [-10,000]
EW & PNT
research.
23 0603401F ADVANCED 70,525 73,525
SPACECRAFT
TECHNOLOGY.
............... Strategic [3,000]
radiation
hardened
microelectro
nic
processors.
24 0603444F MAUI SPACE 11,878 11,878
SURVEILLANCE
SYSTEM (MSSS).
25 0603456F HUMAN 37,542 37,542
EFFECTIVENESS
ADVANCED
TECHNOLOGY
DEVELOPMENT.
26 0603601F CONVENTIONAL 225,817 225,817
WEAPONS
TECHNOLOGY.
27 0603605F ADVANCED WEAPONS 37,404 37,404
TECHNOLOGY.
28 0603680F MANUFACTURING 43,116 50,116
TECHNOLOGY
PROGRAM.
............... Advanced [7,000]
materials
and
materials
manufacturin
g.
29 0603788F BATTLESPACE 56,414 66,414
KNOWLEDGE
DEVELOPMENT AND
DEMONSTRATION.
............... Cyber [10,000]
applied
research.
............... SUBTOTAL 839,153 1,066,153
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
31 0603260F INTELLIGENCE 5,672 5,672
ADVANCED
DEVELOPMENT.
32 0603742F COMBAT 27,085 27,085
IDENTIFICATION
TECHNOLOGY.
33 0603790F NATO RESEARCH 4,955 4,955
AND DEVELOPMENT.
34 0603851F INTERCONTINENTAL 44,109 44,109
BALLISTIC
MISSILE--DEM/
VAL.
36 0604002F AIR FORCE 772 772
WEATHER
SERVICES
RESEARCH.
37 0604004F ADVANCED ENGINE 878,442 878,442
DEVELOPMENT.
38 0604015F LONG RANGE 3,003,899 3,003,899
STRIKE--BOMBER.
39 0604032F DIRECTED ENERGY 10,000 10,000
PROTOTYPING.
40 0604033F HYPERSONICS 576,000 576,000
PROTOTYPING.
41 0604201F PNT RESILIENCY, 92,600 124,600
MODS, AND
IMPROVEMENTS.
............... UPL M-CODE [32,000]
acceleration.
42 0604257F ADVANCED 23,145 23,145
TECHNOLOGY AND
SENSORS.
43 0604288F NATIONAL 16,669 16,669
AIRBORNE OPS
CENTER (NAOC)
RECAP.
44 0604317F TECHNOLOGY 23,614 23,614
TRANSFER.
45 0604327F HARD AND DEEPLY 113,121 113,121
BURIED TARGET
DEFEAT SYSTEM
(HDBTDS)
PROGRAM.
46 0604414F CYBER RESILIENCY 56,325 56,325
OF WEAPON
SYSTEMS-ACS.
47 0604776F DEPLOYMENT & 28,034 28,034
DISTRIBUTION
ENTERPRISE R&D.
48 0604858F TECH TRANSITION 128,476 134,476
PROGRAM.
............... Rapid repair [6,000]
49 0605230F GROUND BASED 570,373 592,373
STRATEGIC
DETERRENT.
[[Page S3983]]
............... Program [22,000]
consolidatio
n.
50 0207100F LIGHT ATTACK 35,000 85,000
ARMED
RECONNAISSANCE
(LAAR)
SQUADRONS.
............... Light attack [50,000]
experiment.
51 0207110F NEXT GENERATION 1,000,000 1,000,000
AIR DOMINANCE.
52 0207455F THREE 37,290 37,290
DIMENSIONAL
LONG-RANGE
RADAR (3DELRR).
53 0208099F UNIFIED PLATFORM 10,000 10,000
(UP).
54 0305236F COMMON DATA LINK 36,910 36,910
EXECUTIVE AGENT
(CDL EA).
55 0305251F CYBERSPACE 35,000 35,000
OPERATIONS
FORCES AND
FORCE SUPPORT.
56 0305601F MISSION PARTNER 8,550 8,550
ENVIRONMENTS.
57 0306250F CYBER OPERATIONS 198,864 240,064
TECHNOLOGY
DEVELOPMENT.
............... Accelerate [13,600]
development
of Cyber
National
Mission
Force
capabilities.
............... ETERNALDARKN [7,100]
ESS.
............... Joint Common [20,500]
Access
Platform.
58 0306415F ENABLED CYBER 16,632 16,632
ACTIVITIES.
60 0901410F CONTRACTING 20,830 20,830
INFORMATION
TECHNOLOGY
SYSTEM.
61 1203164F NAVSTAR GLOBAL 329,948 329,948
POSITIONING
SYSTEM (USER
EQUIPMENT)
(SPACE).
62 1203710F EO/IR WEATHER 101,222 101,222
SYSTEMS.
63 1206422F WEATHER SYSTEM 225,660 225,660
FOLLOW-ON.
64 1206425F SPACE SITUATION 29,776 29,776
AWARENESS
SYSTEMS.
65 1206427F SPACE SYSTEMS 142,045 142,045
PROTOTYPE
TRANSITIONS
(SSPT).
67 1206438F SPACE CONTROL 64,231 64,231
TECHNOLOGY.
68 1206730F SPACE SECURITY 56,385 56,385
AND DEFENSE
PROGRAM.
69 1206760F PROTECTED 105,003 95,003
TACTICAL
ENTERPRISE
SERVICE (PTES).
............... Unjustified [-10,000]
growth.
70 1206761F PROTECTED 173,694 163,694
TACTICAL
SERVICE (PTS).
............... Unjustified [-10,000]
growth.
71 1206855F EVOLVED 172,206 172,206
STRATEGIC
SATCOM (ESS).
72 1206857F SPACE RAPID 33,742 33,742
CAPABILITIES
OFFICE.
............... SUBTOTAL 8,436,279 8,567,479
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
73 0604200F FUTURE ADVANCED 246,200 97,120
WEAPON ANALYSIS
& PROGRAMS.
............... ERWn [-149,080]
contract
delay.
74 0604201F PNT RESILIENCY, 67,782 148,782
MODS, AND
IMPROVEMENTS.
............... UPL M-Code [81,000]
Acceleration.
75 0604222F NUCLEAR WEAPONS 4,406 4,406
SUPPORT.
76 0604270F ELECTRONIC 2,066 2,066
WARFARE
DEVELOPMENT.
77 0604281F TACTICAL DATA 229,631 229,631
NETWORKS
ENTERPRISE.
78 0604287F PHYSICAL 9,700 9,700
SECURITY
EQUIPMENT.
79 0604329F SMALL DIAMETER 31,241 31,241
BOMB (SDB)--EMD.
80 0604429F AIRBORNE 2 2
ELECTRONIC
ATTACK.
81 0604602F ARMAMENT/ 28,043 28,043
ORDNANCE
DEVELOPMENT.
82 0604604F SUBMUNITIONS.... 3,045 3,045
83 0604617F AGILE COMBAT 19,944 19,944
SUPPORT.
84 0604706F LIFE SUPPORT 8,624 8,624
SYSTEMS.
85 0604735F COMBAT TRAINING 37,365 37,365
RANGES.
86 0604800F F-35--EMD....... 7,628 7,628
87 0604932F LONG RANGE 712,539 712,539
STANDOFF WEAPON.
88 0604933F ICBM FUZE 161,199 161,199
MODERNIZATION.
89 0605030F JOINT TACTICAL 2,414 2,414
NETWORK CENTER
(JTNC).
91 0605056F OPEN 30,000 30,000
ARCHITECTURE
MANAGEMENT.
93 0605221F KC-46........... 59,561 59,561
94 0605223F ADVANCED PILOT 348,473 348,473
TRAINING.
95 0605229F COMBAT RESCUE 247,047 247,047
HELICOPTER.
98 0605931F B-2 DEFENSIVE 294,400 294,400
MANAGEMENT
SYSTEM.
99 0101125F NUCLEAR WEAPONS 27,564 27,564
MODERNIZATION.
100 0101213F MINUTEMAN 1 1
SQUADRONS.
101 0207171F F-15 EPAWSS..... 47,322 47,322
102 0207328F STAND IN ATTACK 162,840 162,840
WEAPON.
103 0207701F FULL COMBAT 9,797 9,797
MISSION
TRAINING.
106 0401310F C-32 EXECUTIVE 9,930 9,930
TRANSPORT
RECAPITALIZATIO
N.
107 0401319F VC-25B.......... 757,923 757,923
108 0701212F AUTOMATED TEST 2,787 2,787
SYSTEMS.
109 1203176F COMBAT SURVIVOR 2,000 2,000
EVADER LOCATOR.
110 1203269F GPS III FOLLOW- 462,875 462,875
ON (GPS IIIF).
111 1203940F SPACE SITUATION 76,829 76,829
AWARENESS
OPERATIONS.
112 1206421F COUNTERSPACE 29,037 29,037
SYSTEMS.
113 1206422F WEATHER SYSTEM 2,237 2,237
FOLLOW-ON.
114 1206425F SPACE SITUATION 412,894 412,894
AWARENESS
SYSTEMS.
115 1206426F SPACE FENCE..... 0 20,000
............... Space Fence. [20,000]
116 1206431F ADVANCED EHF 117,290 117,290
MILSATCOM
(SPACE).
117 1206432F POLAR MILSATCOM 427,400 427,400
(SPACE).
118 1206433F WIDEBAND GLOBAL 1,920 1,920
SATCOM (SPACE).
119 1206441F SPACE BASED 1 1
INFRARED SYSTEM
(SBIRS) HIGH
EMD.
120 1206442F NEXT GENERATION 1,395,278 1,395,278
OPIR.
122 1206853F NATIONAL 432,009 432,009
SECURITY SPACE
LAUNCH PROGRAM
(SPACE)--EMD.
............... SUBTOTAL SYSTEM 6,929,244 6,881,164
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
123 0604256F THREAT SIMULATOR 59,693 59,693
DEVELOPMENT.
124 0604759F MAJOR T&E 181,663 232,663
INVESTMENT.
............... UPL M-Code [36,000]
Acceleration.
[[Page S3984]]
............... Utah [15,000]
training
range
instrumentat
ion.
125 0605101F RAND PROJECT AIR 35,258 35,258
FORCE.
127 0605712F INITIAL 13,793 13,793
OPERATIONAL
TEST &
EVALUATION.
128 0605807F TEST AND 717,895 771,895
EVALUATION
SUPPORT.
............... Acelerate [5,000]
prototype
program.
............... Facilitates [49,000]
5G test and
evaluation.
129 0605826F ACQ WORKFORCE- 258,667 258,667
GLOBAL POWER.
130 0605827F ACQ WORKFORCE- 251,992 251,992
GLOBAL VIG &
COMBAT SYS.
131 0605828F ACQ WORKFORCE- 149,191 149,191
GLOBAL REACH.
132 0605829F ACQ WORKFORCE- 235,360 235,360
CYBER, NETWORK,
& BUS SYS.
133 0605830F ACQ WORKFORCE- 160,196 160,196
GLOBAL BATTLE
MGMT.
134 0605831F ACQ WORKFORCE- 220,255 220,255
CAPABILITY
INTEGRATION.
135 0605832F ACQ WORKFORCE- 42,392 42,392
ADVANCED PRGM
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- 133,231 133,231
NUCLEAR SYSTEMS.
137 0605898F MANAGEMENT HQ-- 5,590 5,590
R&D.
138 0605976F FACILITIES 88,445 88,445
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
139 0605978F FACILITIES 29,424 29,424
SUSTAINMENT--TE
ST AND
EVALUATION
SUPPORT.
140 0606017F REQUIREMENTS 62,715 62,715
ANALYSIS AND
MATURATION.
141 0606398F MANAGEMENT HQ-- 5,013 5,013
T&E.
142 0308602F ENTEPRISE 17,128 17,128
INFORMATION
SERVICES (EIS).
143 0702806F ACQUISITION AND 5,913 5,913
MANAGEMENT
SUPPORT.
144 0804731F GENERAL SKILL 1,475 1,475
TRAINING.
146 1001004F INTERNATIONAL 4,071 4,071
ACTIVITIES.
147 1206116F SPACE TEST AND 19,942 19,942
TRAINING RANGE
DEVELOPMENT.
148 1206392F SPACE AND 167,810 167,810
MISSILE CENTER
(SMC) CIVILIAN
WORKFORCE.
149 1206398F SPACE & MISSILE 10,170 10,170
SYSTEMS CENTER--
MHA.
150 1206860F ROCKET SYSTEMS 13,192 13,192
LAUNCH PROGRAM
(SPACE).
151 1206864F SPACE TEST 26,097 26,097
PROGRAM (STP).
............... SUBTOTAL 2,916,571 3,021,571
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
152 0604003F ADVANCED BATTLE 35,611 84,611
MANAGEMENT
SYSTEM (ABMS).
............... Accelerates [49,000]
5G military
use.
154 0604233F SPECIALIZED 2,584 2,584
UNDERGRADUATE
FLIGHT TRAINING.
156 0604776F DEPLOYMENT & 903 903
DISTRIBUTION
ENTERPRISE R&D.
157 0604840F F-35 C2D2....... 694,455 694,455
158 0605018F AF INTEGRATED 40,567 0
PERSONNEL AND
PAY SYSTEM (AF-
IPPS).
............... Poor agile [-40,567]
development.
159 0605024F ANTI-TAMPER 47,193 47,193
TECHNOLOGY
EXECUTIVE
AGENCY.
160 0605117F FOREIGN MATERIEL 70,083 70,083
ACQUISITION AND
EXPLOITATION.
161 0605278F HC/MC-130 RECAP 17,218 4,818
RDT&E.
............... program [-12,400]
delay.
162 0606018F NC3 INTEGRATION. 25,917 25,917
164 0101113F B-52 SQUADRONS.. 325,974 325,974
165 0101122F AIR-LAUNCHED 10,217 10,217
CRUISE MISSILE
(ALCM).
166 0101126F B-1B SQUADRONS.. 1,000 1,000
167 0101127F B-2 SQUADRONS... 97,276 97,276
168 0101213F MINUTEMAN 128,961 106,961
SQUADRONS.
............... Program [-22,000]
consolidatio
n.
170 0101316F WORLDWIDE JOINT 18,177 18,177
STRATEGIC
COMMUNICATIONS.
171 0101324F INTEGRATED 24,261 24,261
STRATEGIC
PLANNING &
ANALYSIS
NETWORK.
172 0101328F ICBM REENTRY 75,571 75,571
VEHICLES.
174 0102110F UH-1N 170,975 170,975
REPLACEMENT
PROGRAM.
176 0205219F MQ-9 UAV........ 154,996 154,996
178 0207131F A-10 SQUADRONS.. 36,816 36,816
179 0207133F F-16 SQUADRONS.. 193,013 193,013
180 0207134F F-15E SQUADRONS. 336,079 336,079
181 0207136F MANNED 15,521 15,521
DESTRUCTIVE
SUPPRESSION.
182 0207138F F-22A SQUADRONS. 496,298 496,298
183 0207142F F-35 SQUADRONS.. 99,943 99,943
184 0207161F TACTICAL AIM 10,314 10,314
MISSILES.
185 0207163F ADVANCED MEDIUM 55,384 55,384
RANGE AIR-TO-
AIR MISSILE
(AMRAAM).
186 0207227F COMBAT RESCUE-- 281 281
PARARESCUE.
187 0207247F AF TENCAP....... 21,365 21,365
188 0207249F PRECISION ATTACK 10,696 10,696
SYSTEMS
PROCUREMENT.
189 0207253F COMPASS CALL.... 15,888 15,888
190 0207268F AIRCRAFT ENGINE 112,505 112,505
COMPONENT
IMPROVEMENT
PROGRAM.
191 0207325F JOINT AIR-TO- 78,498 78,498
SURFACE
STANDOFF
MISSILE (JASSM).
192 0207410F AIR & SPACE 114,864 114,864
OPERATIONS
CENTER (AOC).
193 0207412F CONTROL AND 8,109 8,109
REPORTING
CENTER (CRC).
194 0207417F AIRBORNE WARNING 67,996 67,996
AND CONTROL
SYSTEM (AWACS).
195 0207418F TACTICAL 2,462 2,462
AIRBORNE
CONTROL SYSTEMS.
197 0207431F COMBAT AIR 13,668 13,668
INTELLIGENCE
SYSTEM
ACTIVITIES.
198 0207444F TACTICAL AIR 6,217 6,217
CONTROL PARTY-
MOD.
200 0207452F DCAPES.......... 19,910 19,910
201 0207573F NATIONAL 1,788 1,788
TECHNICAL
NUCLEAR
FORENSICS.
202 0207590F SEEK EAGLE...... 28,237 28,237
203 0207601F USAF MODELING 15,725 15,725
AND SIMULATION.
204 0207605F WARGAMING AND 4,316 4,316
SIMULATION
CENTERS.
205 0207610F BATTLEFIELD ABN 26,946 26,946
COMM NODE
(BACN).
206 0207697F DISTRIBUTED 4,303 4,303
TRAINING AND
EXERCISES.
207 0208006F MISSION PLANNING 71,465 71,465
SYSTEMS.
208 0208007F TACTICAL 7,446 7,446
DECEPTION.
[[Page S3985]]
209 0208064F OPERATIONAL HQ-- 7,602 7,602
CYBER.
210 0208087F DISTRIBUTED 35,178 35,178
CYBER WARFARE
OPERATIONS.
211 0208088F AF DEFENSIVE 16,609 16,609
CYBERSPACE
OPERATIONS.
212 0208097F JOINT CYBER 11,603 11,603
COMMAND AND
CONTROL (JCC2).
213 0208099F UNIFIED PLATFORM 84,702 84,702
(UP).
218 0301004F ADVANCED DATA 0 21,000
TRANSPORT
FLIGHT TEST.
............... Accelerate [21,000]
prototype
test of 5G.
219 0301025F GEOBASE......... 2,723 2,723
220 0301112F NUCLEAR PLANNING 44,190 44,190
AND EXECUTION
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE 3,575 3,575
AND CYBER NON-
TRADITIONAL ISR
FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL 70,173 70,173
AIRBORNE
OPERATIONS
CENTER (NAOC).
228 0303131F MINIMUM 13,543 13,543
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
229 0303133F HIGH FREQUENCY 15,881 15,881
RADIO SYSTEMS.
230 0303140F INFORMATION 27,726 27,726
SYSTEMS
SECURITY
PROGRAM.
232 0303142F GLOBAL FORCE 2,210 2,210
MANAGEMENT--DAT
A INITIATIVE.
234 0304115F MULTI DOMAIN 150,880 150,880
COMMAND AND
CONTROL (MDC2).
235 0304260F AIRBORNE SIGINT 102,667 102,667
ENTERPRISE.
236 0304310F COMMERCIAL 3,431 3,431
ECONOMIC
ANALYSIS.
239 0305015F C2 AIR 9,313 9,313
OPERATIONS
SUITE--C2 INFO
SERVICES.
240 0305020F CCMD 1,121 1,121
INTELLIGENCE
INFORMATION
TECHNOLOGY.
241 0305022F ISR 19,000 0
MODERNIZATION &
AUTOMATION DVMT
(IMAD).
............... Not mature [-19,000]
plan.
242 0305099F GLOBAL AIR 4,544 4,544
TRAFFIC
MANAGEMENT
(GATM).
243 0305111F WEATHER SERVICE. 25,461 25,461
244 0305114F AIR TRAFFIC 5,651 5,651
CONTROL,
APPROACH, AND
LANDING SYSTEM
(ATCALS).
245 0305116F AERIAL TARGETS.. 7,448 7,448
248 0305128F SECURITY AND 425 425
INVESTIGATIVE
ACTIVITIES.
249 0305145F ARMS CONTROL 54,546 54,546
IMPLEMENTATION.
250 0305146F DEFENSE JOINT 6,858 6,858
COUNTERINTELLIG
ENCE ACTIVITIES.
252 0305179F INTEGRATED 8,728 8,728
BROADCAST
SERVICE (IBS).
253 0305202F DRAGON U-2...... 38,939 38,939
255 0305206F AIRBORNE 122,909 122,909
RECONNAISSANCE
SYSTEMS.
256 0305207F MANNED 11,787 11,787
RECONNAISSANCE
SYSTEMS.
257 0305208F DISTRIBUTED 25,009 25,009
COMMON GROUND/
SURFACE SYSTEMS.
258 0305220F RQ-4 UAV........ 191,733 191,733
259 0305221F NETWORK-CENTRIC 10,757 10,757
COLLABORATIVE
TARGETING.
260 0305238F NATO AGS........ 32,567 32,567
261 0305240F SUPPORT TO DCGS 37,774 37,774
ENTERPRISE.
262 0305600F INTERNATIONAL 13,515 13,515
INTELLIGENCE
TECHNOLOGY AND
ARCHITECTURES.
263 0305881F RAPID CYBER 4,383 4,383
ACQUISITION.
264 0305984F PERSONNEL 2,133 2,133
RECOVERY
COMMAND & CTRL
(PRC2).
265 0307577F INTELLIGENCE 8,614 8,614
MISSION DATA
(IMD).
266 0401115F C-130 AIRLIFT 140,425 140,425
SQUADRON.
267 0401119F C-5 AIRLIFT 10,223 10,223
SQUADRONS (IF).
268 0401130F C-17 AIRCRAFT 25,101 25,101
(IF).
269 0401132F C-130J PROGRAM.. 8,640 8,640
270 0401134F LARGE AIRCRAFT 5,424 5,424
IR
COUNTERMEASURES
(LAIRCM).
272 0401219F KC-10S.......... 20 20
274 0401318F CV-22........... 17,906 17,906
276 0408011F SPECIAL TACTICS / 3,629 3,629
COMBAT CONTROL.
277 0702207F DEPOT 1,890 1,890
MAINTENANCE
(NON-IF).
278 0708055F MAINTENANCE, 10,311 10,311
REPAIR &
OVERHAUL SYSTEM.
279 0708610F LOGISTICS 16,065 16,065
INFORMATION
TECHNOLOGY
(LOGIT).
280 0708611F SUPPORT SYSTEMS 539 539
DEVELOPMENT.
281 0804743F OTHER FLIGHT 2,057 2,057
TRAINING.
282 0808716F OTHER PERSONNEL 10 10
ACTIVITIES.
283 0901202F JOINT PERSONNEL 2,060 2,060
RECOVERY AGENCY.
284 0901218F CIVILIAN 3,809 3,809
COMPENSATION
PROGRAM.
285 0901220F PERSONNEL 6,476 6,476
ADMINISTRATION.
286 0901226F AIR FORCE 1,443 1,443
STUDIES AND
ANALYSIS AGENCY.
287 0901538F FINANCIAL 9,323 9,323
MANAGEMENT
INFORMATION
SYSTEMS
DEVELOPMENT.
288 0901554F DEFENSE 46,789 46,789
ENTERPRISE
ACNTNG AND MGT
SYS (DEAMS).
289 1201017F GLOBAL SENSOR 3,647 3,647
INTEGRATED ON
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT 988 988
TO STRATCOM--
SPACE
ACTIVITIES.
291 1202140F SERVICE SUPPORT 11,863 11,863
TO SPACECOM
ACTIVITIES.
293 1203001F FAMILY OF 197,388 197,388
ADVANCED BLOS
TERMINALS (FAB-
T).
294 1203110F SATELLITE 61,891 61,891
CONTROL NETWORK
(SPACE).
297 1203173F SPACE AND 4,566 4,566
MISSILE TEST
AND EVALUATION
CENTER.
298 1203174F SPACE 43,292 43,292
INNOVATION,
INTEGRATION AND
RAPID
TECHNOLOGY
DEVELOPMENT.
300 1203182F SPACELIFT RANGE 10,837 10,837
SYSTEM (SPACE).
301 1203265F GPS III SPACE 42,440 42,440
SEGMENT.
302 1203400F SPACE 14,428 14,428
SUPERIORITY
INTELLIGENCE.
303 1203614F JSPOC MISSION 72,762 72,762
SYSTEM.
304 1203620F NATIONAL SPACE 2,653 2,653
DEFENSE CENTER.
306 1203873F BALLISTIC 15,881 15,881
MISSILE DEFENSE
RADARS.
308 1203913F NUDET DETECTION 49,300 49,300
SYSTEM (SPACE).
309 1203940F SPACE SITUATION 17,834 17,834
AWARENESS
OPERATIONS.
310 1206423F GLOBAL 445,302 445,302
POSITIONING
SYSTEM III--
OPERATIONAL
CONTROL SEGMENT.
311 1206770F ENTERPRISE 138,870 138,870
GROUND SERVICES.
999 9999999999 CLASSIFIED 18,029,506 18,351,506
PROGRAMS.
............... Transfer [322,000]
back to base
funding.
............... SUBTOTAL 24,529,488 24,827,521
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
[[Page S3986]]
............... TOTAL RESEARCH, 45,616,122 46,335,775
DEVELOPMENT,
TEST & EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... BASIC RESEARCH
1 0601000BR DTRA BASIC 26,000 26,000
RESEARCH.
2 0601101E DEFENSE RESEARCH 432,284 432,284
SCIENCES.
3 0601110D8Z BASIC RESEARCH 48,874 58,874
INITIATIVES.
............... DEPSCOR..... [10,000]
4 0601117E BASIC 54,122 54,122
OPERATIONAL
MEDICAL
RESEARCH
SCIENCE.
5 0601120D8Z NATIONAL DEFENSE 92,074 102,074
EDUCATION
PROGRAM.
............... Submarine [10,000]
industrial
base
workforce
training and
education.
6 0601228D8Z HISTORICALLY 30,708 32,708
BLACK COLLEGES
AND
UNIVERSITIES/
MINORITY
INSTITUTIONS.
............... Aerospace [2,000]
research and
education.
7 0601384BP CHEMICAL AND 45,238 45,238
BIOLOGICAL
DEFENSE PROGRAM.
............... SUBTOTAL BASIC 729,300 751,300
RESEARCH.
...............
............... APPLIED RESEARCH
8 0602000D8Z JOINT MUNITIONS 19,306 19,306
TECHNOLOGY.
9 0602115E BIOMEDICAL 97,771 97,771
TECHNOLOGY.
11 0602234D8Z LINCOLN 52,317 52,317
LABORATORY
RESEARCH
PROGRAM.
12 0602251D8Z APPLIED RESEARCH 62,200 64,200
FOR THE
ADVANCEMENT OF
S&T PRIORITIES.
............... Computer [2,000]
modeling of
PFAS.
13 0602303E INFORMATION & 442,556 442,556
COMMUNICATIONS
TECHNOLOGY.
14 0602383E BIOLOGICAL 34,588 34,588
WARFARE DEFENSE.
15 0602384BP CHEMICAL AND 202,587 202,587
BIOLOGICAL
DEFENSE PROGRAM.
16 0602668D8Z CYBER SECURITY 15,118 25,118
RESEARCH.
............... Academic [10,000]
cyber
institutes.
17 0602702E TACTICAL 337,602 337,602
TECHNOLOGY.
18 0602715E MATERIALS AND 223,976 223,976
BIOLOGICAL
TECHNOLOGY.
19 0602716E ELECTRONICS 332,192 332,192
TECHNOLOGY.
20 0602718BR COUNTER WEAPONS 179,096 179,096
OF MASS
DESTRUCTION
APPLIED
RESEARCH.
21 0602751D8Z SOFTWARE 9,580 9,580
ENGINEERING
INSTITUTE (SEI)
APPLIED
RESEARCH.
22 1160401BB SOF TECHNOLOGY 40,569 40,569
DEVELOPMENT.
............... SUBTOTAL APPLIED 2,049,458 2,061,458
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
23 0603000D8Z JOINT MUNITIONS 25,779 25,779
ADVANCED
TECHNOLOGY.
24 0603121D8Z SO/LIC ADVANCED 5,000 5,000
DEVELOPMENT.
25 0603122D8Z COMBATING 70,517 70,517
TERRORISM
TECHNOLOGY
SUPPORT.
26 0603133D8Z FOREIGN 24,970 24,970
COMPARATIVE
TESTING.
28 0603160BR COUNTER WEAPONS 340,065 340,065
OF MASS
DESTRUCTION
ADVANCED
TECHNOLOGY
DEVELOPMENT.
29 0603176C ADVANCED 14,208 14,208
CONCEPTS AND
PERFORMANCE
ASSESSMENT.
30 0603178C WEAPONS 10,000 10,000
TECHNOLOGY.
31 0603180C ADVANCED 20,674 20,674
RESEARCH.
32 0603225D8Z JOINT DOD-DOE 18,773 18,773
MUNITIONS
TECHNOLOGY
DEVELOPMENT.
33 0603286E ADVANCED 279,741 279,741
AEROSPACE
SYSTEMS.
34 0603287E SPACE PROGRAMS 202,606 202,606
AND TECHNOLOGY.
35 0603288D8Z ANALYTIC 19,429 19,429
ASSESSMENTS.
36 0603289D8Z ADVANCED 37,645 37,645
INNOVATIVE
ANALYSIS AND
CONCEPTS.
37 0603291D8Z ADVANCED 14,668 14,668
INNOVATIVE
ANALYSIS AND
CONCEPTS--MHA.
38 0603294C COMMON KILL 13,600 13,600
VEHICLE
TECHNOLOGY.
40 0603342D8Z DEFENSE 29,398 36,898
INNOVATION UNIT
(DIU).
............... Accelerate [7,500]
Artificial
Intelligence
solutions.
41 0603375D8Z TECHNOLOGY 60,000 60,000
INNOVATION.
42 0603384BP CHEMICAL AND 172,486 172,486
BIOLOGICAL
DEFENSE
PROGRAM--ADVANC
ED DEVELOPMENT.
43 0603527D8Z RETRACT LARCH... 159,688 159,688
44 0603618D8Z JOINT ELECTRONIC 12,063 12,063
ADVANCED
TECHNOLOGY.
45 0603648D8Z JOINT CAPABILITY 107,359 89,859
TECHNOLOGY
DEMONSTRATIONS.
............... Program [-17,500]
reduction.
46 0603662D8Z NETWORKED 2,858 2,858
COMMUNICATIONS
CAPABILITIES.
47 0603680D8Z DEFENSE-WIDE 96,397 96,397
MANUFACTURING
SCIENCE AND
TECHNOLOGY
PROGRAM.
48 0603680S MANUFACTURING 42,834 42,834
TECHNOLOGY
PROGRAM.
49 0603699D8Z EMERGING 80,911 70,911
CAPABILITIES
TECHNOLOGY
DEVELOPMENT.
............... Program [-10,000]
reduction.
50 0603712S GENERIC 10,817 10,817
LOGISTICS R&D
TECHNOLOGY
DEMONSTRATIONS.
51 0603716D8Z STRATEGIC 66,157 76,157
ENVIRONMENTAL
RESEARCH
PROGRAM.
............... SERDP....... [10,000]
52 0603720S MICROELECTRONICS 171,771 171,771
TECHNOLOGY
DEVELOPMENT AND
SUPPORT.
53 0603727D8Z JOINT 4,846 4,846
WARFIGHTING
PROGRAM.
54 0603739E ADVANCED 128,616 128,616
ELECTRONICS
TECHNOLOGIES.
55 0603760E COMMAND, CONTROL 232,134 232,134
AND
COMMUNICATIONS
SYSTEMS.
56 0603766E NETWORK-CENTRIC 512,424 512,424
WARFARE
TECHNOLOGY.
57 0603767E SENSOR 163,903 163,903
TECHNOLOGY.
58 0603769D8Z DISTRIBUTED 13,723 13,723
LEARNING
ADVANCED
TECHNOLOGY
DEVELOPMENT.
59 0603781D8Z SOFTWARE 15,111 15,111
ENGINEERING
INSTITUTE.
60 0603826D8Z QUICK REACTION 47,147 47,147
SPECIAL
PROJECTS.
61 0603833D8Z ENGINEERING 19,376 19,376
SCIENCE &
TECHNOLOGY.
62 0603924D8Z HIGH ENERGY 85,223 85,223
LASER ADVANCED
TECHNOLOGY
PROGRAM.
63 0603941D8Z TEST & 175,574 185,574
EVALUATION
SCIENCE &
TECHNOLOGY.
............... Program [10,000]
increase to
support NDS
technologies.
64 0603950D8Z NATIONAL 25,000 25,000
SECURITY
INNOVATION
NETWORK.
65 0604055D8Z OPERATIONAL 70,536 70,536
ENERGY
CAPABILITY
IMPROVEMENT.
66 0303310D8Z CWMD SYSTEMS.... 28,907 28,907
[[Page S3987]]
68 1160402BB SOF ADVANCED 89,154 89,154
TECHNOLOGY
DEVELOPMENT.
69 1206310SDA SPACE SCIENCE 20,000 20,000
AND TECHNOLOGY
RESEARCH AND
DEVELOPMENT.
............... SUBTOTAL 3,742,088 3,742,088
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
70 0603161D8Z NUCLEAR AND 42,695 42,695
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
ADC&P.
71 0603600D8Z WALKOFF......... 92,791 92,791
72 0603821D8Z ACQUISITION 5,659 5,659
ENTERPRISE DATA
& INFORMATION
SERVICES.
73 0603851D8Z ENVIRONMENTAL 66,572 76,572
SECURITY
TECHNICAL
CERTIFICATION
PROGRAM.
............... ESTCP....... [10,000]
74 0603881C BALLISTIC 302,761 302,761
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT.
75 0603882C BALLISTIC 1,156,506 1,156,506
MISSILE DEFENSE
MIDCOURSE
DEFENSE SEGMENT.
76 0603884BP CHEMICAL AND 83,662 83,662
BIOLOGICAL
DEFENSE
PROGRAM--DEM/
VAL.
77 0603884C BALLISTIC 283,487 283,487
MISSILE DEFENSE
SENSORS.
78 0603890C BMD ENABLING 571,507 571,507
PROGRAMS.
79 0603891C SPECIAL 377,098 502,098
PROGRAMS--MDA.
............... Classified.. [125,000]
80 0603892C AEGIS BMD....... 727,479 727,479
81 0603896C BALLISTIC 564,206 564,206
MISSILE DEFENSE
COMMAND AND
CONTROL, BATTLE
MANAGEMENT AND
COMMUNICATI.
82 0603898C BALLISTIC 51,532 51,532
MISSILE DEFENSE
JOINT
WARFIGHTER
SUPPORT.
83 0603904C MISSILE DEFENSE 56,161 56,161
INTEGRATION &
OPERATIONS
CENTER (MDIOC).
84 0603906C REGARDING TRENCH 22,424 22,424
85 0603907C SEA BASED X-BAND 128,156 128,156
RADAR (SBX).
86 0603913C ISRAELI 300,000 300,000
COOPERATIVE
PROGRAMS.
87 0603914C BALLISTIC 395,924 395,924
MISSILE DEFENSE
TEST.
88 0603915C BALLISTIC 554,171 554,171
MISSILE DEFENSE
TARGETS.
89 0603920D8Z HUMANITARIAN 10,820 10,820
DEMINING.
90 0603923D8Z COALITION 11,316 11,316
WARFARE.
91 0604016D8Z DEPARTMENT OF 3,365 3,365
DEFENSE
CORROSION
PROGRAM.
92 0604115C TECHNOLOGY 303,458 269,458
MATURATION
INITIATIVES.
............... Neutral [-34,000]
particle
beam.
93 0604132D8Z MISSILE DEFEAT 17,816 17,816
PROJECT.
95 0604181C HYPERSONIC 157,425 157,425
DEFENSE.
96 0604250D8Z ADVANCED 1,312,735 1,343,735
INNOVATIVE
TECHNOLOGIES.
............... Hypervelocit [81,000]
y Gun Weapon
System.
............... Unjustified [-50,000]
growth to
SCO.
97 0604294D8Z TRUSTED & 542,421 547,421
ASSURED
MICROELECTRONIC
S.
............... Trusted and [5,000]
assured
microelectro
nics
research.
98 0604331D8Z RAPID 100,957 50,957
PROTOTYPING
PROGRAM.
............... Uncoordinate [-50,000]
d
prototyping
efforts.
99 0604341D8Z DEFENSE 92,000 92,000
INNOVATION UNIT
(DIU)
PROTOTYPING.
100 0604400D8Z DEPARTMENT OF 3,021 3,021
DEFENSE (DOD)
UNMANNED SYSTEM
COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE 274,714 274,714
RADAR--HAWAII
(HDR-H).
103 0604673C PACIFIC 6,711 6,711
DISCRIMINATING
RADAR.
104 0604682D8Z WARGAMING AND 3,751 3,751
SUPPORT FOR
STRATEGIC
ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID 14,021 14,021
INNOVATION
PROGRAM.
107 0604826J JOINT C5 20,062 20,062
CAPABILITY
DEVELOPMENT,
INTEGRATION AND
INTEROPERABILIT
Y ASSESSMENTS.
108 0604873C LONG RANGE 136,423 136,423
DISCRIMINATION
RADAR (LRDR).
109 0604874C IMPROVED 412,363 412,363
HOMELAND
DEFENSE
INTERCEPTORS.
110 0604876C BALLISTIC 25,137 25,137
MISSILE DEFENSE
TERMINAL
DEFENSE SEGMENT
TEST.
111 0604878C AEGIS BMD TEST.. 169,822 169,822
112 0604879C BALLISTIC 105,530 105,530
MISSILE DEFENSE
SENSOR TEST.
113 0604880C LAND-BASED SM-3 38,352 38,352
(LBSM3).
115 0604887C BALLISTIC 98,139 98,139
MISSILE DEFENSE
MIDCOURSE
SEGMENT TEST.
117 0300206R ENTERPRISE 1,600 1,600
INFORMATION
TECHNOLOGY
SYSTEMS.
118 0303191D8Z JOINT 3,191 3,191
ELECTROMAGNETIC
TECHNOLOGY
(JET) PROGRAM.
119 0305103C CYBER SECURITY 1,138 1,138
INITIATIVE.
120 1206410SDA SPACE TECHNOLOGY 85,000 55,000
DEVELOPMENT AND
PROTOTYPING.
............... Missile [-30,000]
defense
studies
realignment.
121 1206893C SPACE TRACKING & 35,849 35,849
SURVEILLANCE
SYSTEM.
122 1206895C BALLISTIC 27,565 135,565
MISSILE DEFENSE
SYSTEM SPACE
PROGRAMS.
............... HBTSS [108,000]
unfunded
requirement.
............... SUBTOTAL 9,797,493 9,962,493
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND 11,276 11,276
CONVENTIONAL
PHYSICAL
SECURITY
EQUIPMENT RDT&E
SDD.
124 0604165D8Z PROMPT GLOBAL 107,000 107,000
STRIKE
CAPABILITY
DEVELOPMENT.
125 0604384BP CHEMICAL AND 384,047 384,047
BIOLOGICAL
DEFENSE
PROGRAM--EMD.
126 0604771D8Z JOINT TACTICAL 40,102 40,102
INFORMATION
DISTRIBUTION
SYSTEM (JTIDS).
127 0605000BR COUNTER WEAPONS 13,100 13,100
OF MASS
DESTRUCTION
SYSTEMS
DEVELOPMENT.
128 0605013BL INFORMATION 3,070 3,070
TECHNOLOGY
DEVELOPMENT.
129 0605021SE HOMELAND 7,295 7,295
PERSONNEL
SECURITY
INITIATIVE.
130 0605022D8Z DEFENSE 17,615 17,615
EXPORTABILITY
PROGRAM.
131 0605027D8Z OUSD(C) IT 15,653 15,653
DEVELOPMENT
INITIATIVES.
132 0605070S DOD ENTERPRISE 2,378 2,378
SYSTEMS
DEVELOPMENT AND
DEMONSTRATION.
133 0605075D8Z CMO POLICY AND 1,618 1,618
INTEGRATION.
134 0605080S DEFENSE AGENCY 27,944 27,944
INITIATIVES
(DAI)--FINANCIA
L SYSTEM.
135 0605090S DEFENSE RETIRED 6,609 6,609
AND ANNUITANT
PAY SYSTEM
(DRAS).
136 0605210D8Z DEFENSE-WIDE 9,619 9,619
ELECTRONIC
PROCUREMENT
CAPABILITIES.
137 0605294D8Z TRUSTED & 175,032 175,032
ASSURED
MICROELECTRONIC
S.
138 0303140BL INFORMATION 425 425
SYSTEMS
SECURITY
PROGRAM.
139 0303141K GLOBAL COMBAT 1,578 1,578
SUPPORT SYSTEM.
140 0305304D8Z DOD ENTERPRISE 4,373 4,373
ENERGY
INFORMATION
MANAGEMENT
(EEIM).
[[Page S3988]]
141 0305310D8Z CWMD SYSTEMS: 12,854 12,854
SYSTEM
DEVELOPMENT AND
DEMONSTRATION.
............... SUBTOTAL SYSTEM 841,588 841,588
DEVELOPMENT AND
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
142 0603829J JOINT CAPABILITY 13,000 13,000
EXPERIMENTATION.
143 0604774D8Z DEFENSE 9,724 9,724
READINESS
REPORTING
SYSTEM (DRRS).
144 0604875D8Z JOINT SYSTEMS 9,593 9,593
ARCHITECTURE
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND 260,267 260,267
EVALUATION
INVESTMENT
DEVELOPMENT
(CTEIP).
146 0604942D8Z ASSESSMENTS AND 30,834 30,834
EVALUATIONS.
147 0605001E MISSION SUPPORT. 68,498 68,498
148 0605100D8Z JOINT MISSION 83,091 89,091
ENVIRONMENT
TEST CAPABILITY
(JMETC).
............... Cyber range [6,000]
development.
149 0605104D8Z TECHNICAL 18,079 13,079
STUDIES,
SUPPORT AND
ANALYSIS.
............... Program [-5,000]
reduction.
150 0605126J JOINT INTEGRATED 70,038 70,038
AIR AND MISSILE
DEFENSE
ORGANIZATION
(JIAMDO).
152 0605142D8Z SYSTEMS 37,140 32,140
ENGINEERING.
............... Program [-5,000]
reduction.
153 0605151D8Z STUDIES AND 4,759 4,759
ANALYSIS
SUPPORT--OSD.
154 0605161D8Z NUCLEAR MATTERS- 8,307 8,307
PHYSICAL
SECURITY.
155 0605170D8Z SUPPORT TO 9,441 9,441
NETWORKS AND
INFORMATION
INTEGRATION.
156 0605200D8Z GENERAL SUPPORT 1,700 1,700
TO USD
(INTELLIGENCE).
157 0605384BP CHEMICAL AND 110,363 110,363
BIOLOGICAL
DEFENSE PROGRAM.
166 0605790D8Z SMALL BUSINESS 3,568 3,568
INNOVATION
RESEARCH (SBIR)/
SMALL BUSINESS
TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING 19,936 19,936
TECHNOLOGY
ADVANTAGE.
168 0605798D8Z DEFENSE 16,875 16,875
TECHNOLOGY
ANALYSIS.
169 0605801KA DEFENSE 57,716 57,716
TECHNICAL
INFORMATION
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT 34,448 34,448
OF DOD
ENLISTMENT,
TESTING AND
EVALUATION.
171 0605804D8Z DEVELOPMENT TEST 22,203 22,203
AND EVALUATION.
172 0605898E MANAGEMENT HQ-- 13,208 13,208
R&D.
173 0605998KA MANAGEMENT HQ-- 3,027 3,027
DEFENSE
TECHNICAL
INFORMATION
CENTER (DTIC).
174 0606100D8Z BUDGET AND 8,017 8,017
PROGRAM
ASSESSMENTS.
175 0606225D8Z ODNA TECHNOLOGY 3,194 3,194
AND RESOURCE
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL 1,000 6,000
SERVICE (DDS)
DEVELOPMENT
SUPPORT.
............... Increase.... [5,000]
179 0203345D8Z DEFENSE 3,037 3,037
OPERATIONS
SECURITY
INITIATIVE
(DOSI).
180 0204571J JOINT STAFF 9,216 9,216
ANALYTICAL
SUPPORT.
183 0303166J SUPPORT TO 553 553
INFORMATION
OPERATIONS (IO)
CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY 1,014 1,014
DECEPTION
PROGRAM OFFICE
(DMDPO).
185 0305172K COMBINED 58,667 58,667
ADVANCED
APPLICATIONS.
187 0305245D8Z INTELLIGENCE 21,081 21,081
CAPABILITIES
AND INNOVATION
INVESTMENTS.
189 0307588D8Z ALGORITHMIC 221,235 221,235
WARFARE CROSS
FUNCTIONAL
TEAMS.
191 0804768J COCOM EXERCISE 40,073 40,073
ENGAGEMENT AND
TRAINING
TRANSFORMATION
(CE2T2)--NON-
MHA.
192 0808709SE DEFENSE EQUAL 100 100
OPPORTUNITY
MANAGEMENT
INSTITUTE
(DEOMI).
193 0901598C MANAGEMENT HQ-- 27,065 27,065
MDA.
194 0903235K JOINT SERVICE 3,090 3,090
PROVIDER (JSP).
999 9999999999 CLASSIFIED 51,471 51,471
PROGRAMS.
............... SUBTOTAL 1,354,628 1,355,628
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
195 0604130V ENTERPRISE 7,945 7,945
SECURITY SYSTEM
(ESS).
196 0604532K JOINT ARTIFICIAL 208,834 208,834
INTELLIGENCE.
197 0605127T REGIONAL 1,947 1,947
INTERNATIONAL
OUTREACH (RIO)
AND PARTNERSHIP
FOR PEACE
INFORMATION
MANA.
198 0605147T OVERSEAS 310 310
HUMANITARIAN
ASSISTANCE
SHARED
INFORMATION
SYSTEM (OHASIS).
199 0607210D8Z INDUSTRIAL BASE 10,051 48,551
ANALYSIS AND
SUSTAINMENT
SUPPORT.
............... Advanced [5,000]
systems
manufacturin
g.
............... Composite [15,000]
manufacturin
g
technologies.
............... Printed [15,000]
circuit
boards.
............... Rare earth [3,500]
element
production.
200 0607310D8Z CWMD SYSTEMS: 12,734 12,734
OPERATIONAL
SYSTEMS
DEVELOPMENT.
201 0607327T GLOBAL THEATER 14,800 14,800
SECURITY
COOPERATION
MANAGEMENT
INFORMATION
SYSTEMS (G-
TSCMIS).
202 0607384BP CHEMICAL AND 54,023 54,023
BIOLOGICAL
DEFENSE
(OPERATIONAL
SYSTEMS
DEVELOPMENT).
203 0208043J PLANNING AND 4,537 4,537
DECISION AID
SYSTEM (PDAS).
204 0208045K C4I 64,122 64,122
INTEROPERABILIT
Y.
210 0302019K DEFENSE INFO 15,798 15,798
INFRASTRUCTURE
ENGINEERING AND
INTEGRATION.
211 0303126K LONG-HAUL 11,166 11,166
COMMUNICATIONS-
-DCS.
212 0303131K MINIMUM 17,383 17,383
ESSENTIAL
EMERGENCY
COMMUNICATIONS
NETWORK (MEECN).
214 0303136G KEY MANAGEMENT 54,516 54,516
INFRASTRUCTURE
(KMI).
215 0303140D8Z INFORMATION 67,631 67,631
SYSTEMS
SECURITY
PROGRAM.
216 0303140G INFORMATION 289,080 287,198
SYSTEMS
SECURITY
PROGRAM.
............... Sharkseer [-1,882]
transfer.
217 0303140K INFORMATION 42,796 44,678
SYSTEMS
SECURITY
PROGRAM.
............... Sharkseer [1,882]
transfer.
218 0303150K GLOBAL COMMAND 25,218 25,218
AND CONTROL
SYSTEM.
219 0303153K DEFENSE SPECTRUM 21,698 21,698
ORGANIZATION.
220 0303228K JOINT REGIONAL 18,077 18,077
SECURITY STACKS
(JRSS).
222 0303430K FEDERAL 44,001 44,001
INVESTIGATIVE
SERVICES
INFORMATION
TECHNOLOGY.
228 0305128V SECURITY AND 2,400 17,400
INVESTIGATIVE
ACTIVITIES.
............... Local [15,000]
criminal
records
access.
232 0305186D8Z POLICY R&D 6,301 6,301
PROGRAMS.
233 0305199D8Z NET CENTRICITY.. 21,384 21,384
235 0305208BB DISTRIBUTED 6,359 6,359
COMMON GROUND/
SURFACE SYSTEMS.
238 0305208K DISTRIBUTED 2,981 2,981
COMMON GROUND/
SURFACE SYSTEMS.
241 0305327V INSIDER THREAT.. 1,964 1,964
[[Page S3989]]
242 0305387D8Z HOMELAND DEFENSE 2,221 2,221
TECHNOLOGY
TRANSFER
PROGRAM.
250 0708012K LOGISTICS 1,361 1,361
SUPPORT
ACTIVITIES.
251 0708012S PACIFIC DISASTER 1,770 1,770
CENTERS.
252 0708047S DEFENSE PROPERTY 3,679 3,679
ACCOUNTABILITY
SYSTEM.
254 1105219BB MQ-9 UAV........ 20,697 20,697
256 1160403BB AVIATION SYSTEMS 245,795 254,595
............... UPL Future [8,800]
vertical
lift.
257 1160405BB INTELLIGENCE 15,484 15,484
SYSTEMS
DEVELOPMENT.
258 1160408BB OPERATIONAL 166,922 166,922
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 62,332 62,332
260 1160432BB SPECIAL PROGRAMS 21,805 21,805
261 1160434BB UNMANNED ISR.... 37,377 37,377
262 1160480BB SOF TACTICAL 11,150 11,150
VEHICLES.
263 1160483BB MARITIME SYSTEMS 72,626 72,626
264 1160489BB GLOBAL VIDEO 5,363 5,363
SURVEILLANCE
ACTIVITIES.
265 1160490BB OPERATIONAL 12,962 12,962
ENHANCEMENTS
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM 6,158 6,158
300 0604011D8Z NEXT GENERATION 0 25,000
INFORMATION
COMMUNICATIONS
TECHNOLOGY (5G).
............... DOD Spectrum [25,000]
Sharing
program.
999 9999999999 CLASSIFIED 4,116,640 4,542,640
PROGRAMS.
............... Transfer [426,000]
back to base
funding.
............... SUBTOTAL 5,832,398 6,345,698
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 24,346,953 25,060,253
DEVELOPMENT,
TEST & EVAL, DW.
...............
............... OPERATIONAL TEST
& EVAL, DEFENSE
............... MANAGEMENT
SUPPORT
1 0605118OTE OPERATIONAL TEST 93,291 93,291
AND EVALUATION.
2 0605131OTE LIVE FIRE TEST 69,172 69,172
AND EVALUATION.
3 0605814OTE OPERATIONAL TEST 58,737 58,737
ACTIVITIES AND
ANALYSES.
............... SUBTOTAL 221,200 221,200
MANAGEMENT
SUPPORT.
...............
............... TOTAL 221,200 221,200
OPERATIONAL
TEST & EVAL,
DEFENSE.
...............
............... TOTAL RDT&E..... 102,647,545 104,023,113
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
74 0603327A AIR AND MISSILE 500 500
DEFENSE
SYSTEMS
ENGINEERING.
79 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
85 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
95 0604117A MANEUVER--SHORT 6,000 6,000
RANGE AIR
DEFENSE (M-
SHORAD).
97 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000
DEFENSE
(BUDGET
ACTIVITY 4).
............... SUBTOTAL 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURE
S (CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
............... SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E
MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL 1,875 1,875
AND HUMAN
INTEL
MODERNIZATION.
............... SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED
AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
............... SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 204,124 204,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
28 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
38 0603527N RETRACT LARCH.. 22,000 22,000
57 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
69 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
............... SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
[[Page S3990]]
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE
(DETECT &
CONTROL).
............... SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
999 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
............... SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
AF
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
48 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
72 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
............... SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
999 9999999999 CLASSIFIED 400,713 78,713
PROGRAMS.
............... Transfer [-322,000]
back to
base
funding.
............... SUBTOTAL 405,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 450,248 128,248
DEVELOPMENT,
TEST & EVAL,
AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
DW
............... APPLIED
RESEARCH
10 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT
ADVANCED
STUDIES.
............... SUBTOTAL 1,677 1,677
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
25 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
27 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
............... SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES
94 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
............... SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT
AND PROTOTYPES.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS 6,000 6,000
261 1160434BB UNMANNED ISR... 5,000 5,000
999 9999999999 CLASSIFIED 626,199 200,199
PROGRAMS.
............... Transfer [-426,000]
back to
base
funding.
............... SUBTOTAL 637,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 827,950 401,950
DEVELOPMENT,
TEST & EVAL,
DW.
...............
............... TOTAL RDT&E.... 1,646,732 898,732
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 0 1,735,922
Transfer back to base [1,735,922]
funding....................
020 MODULAR SUPPORT BRIGADES....... 0 127,815
Transfer back to base [127,815]
funding....................
030 ECHELONS ABOVE BRIGADE......... 0 716,356
Transfer back to base [716,356]
funding....................
040 THEATER LEVEL ASSETS........... 0 890,891
Transfer back to base [890,891]
funding....................
050 LAND FORCES OPERATIONS SUPPORT. 0 1,232,477
Transfer back to base [1,232,477]
funding....................
060 AVIATION ASSETS................ 0 1,355,606
Transfer back to base [1,355,606]
funding....................
070 FORCE READINESS OPERATIONS 408,031 3,882,315
SUPPORT.......................
Transfer back to base [3,474,284]
funding....................
[[Page S3991]]
080 LAND FORCES SYSTEMS READINESS.. 417,069 446,269
UPL MDTF INDOPACOM......... [29,200]
090 LAND FORCES DEPOT MAINTENANCE.. 0 1,633,327
Transfer back to base [1,633,327]
funding....................
100 BASE OPERATIONS SUPPORT........ 0 7,951,473
Historical underexecution.. [-46,000]
Revised MHPI cost share.... [-50,460]
Transfer back to base [8,047,933]
funding....................
110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840
RESTORATION & MODERNIZATION...
120 MANAGEMENT AND OPERATIONAL 405,612 405,612
HEADQUARTERS..................
160 US AFRICA COMMAND.............. 251,511 251,511
170 US EUROPEAN COMMAND............ 146,358 154,158
JIOCEUR JAC Molesworth..... [7,800]
180 US SOUTHERN COMMAND............ 191,840 191,840
190 US FORCES KOREA................ 57,603 57,603
200 CYBERSPACE ACTIVITIES-- 423,156 423,156
CYBERSPACE OPERATIONS.........
210 CYBERSPACE ACTIVITIES-- 551,185 551,185
CYBERSECURITY.................
SUBTOTAL OPERATING FORCES...... 7,179,205 26,334,356
MOBILIZATION
220 STRATEGIC MOBILITY............. 380,577 380,577
230 ARMY PREPOSITIONED STOCKS...... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS........ 4,637 4,637
SUBTOTAL MOBILIZATION.......... 748,156 748,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION............ 157,175 157,175
260 RECRUIT TRAINING............... 55,739 55,739
270 ONE STATION UNIT TRAINING...... 62,300 62,300
280 SENIOR RESERVE OFFICERS 538,357 538,357
TRAINING CORPS................
290 SPECIALIZED SKILL TRAINING..... 969,813 969,813
300 FLIGHT TRAINING................ 1,234,049 1,234,049
310 PROFESSIONAL DEVELOPMENT 218,338 218,338
EDUCATION.....................
320 TRAINING SUPPORT............... 554,659 554,659
330 RECRUITING AND ADVERTISING..... 716,056 636,056
Unjustified growth for [-70,000]
advertising................
Unjustified growth for [-10,000]
recruiting.................
340 EXAMINING...................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY 214,275 214,275
EDUCATION.....................
360 CIVILIAN EDUCATION AND TRAINING 147,647 147,647
370 JUNIOR RESERVE OFFICER TRAINING 173,812 173,812
CORPS.........................
SUBTOTAL TRAINING AND 5,227,254 5,147,254
RECRUITING....................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION..... 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES...... 929,944 929,944
410 LOGISTIC SUPPORT ACTIVITIES.... 629,981 629,981
420 AMMUNITION MANAGEMENT.......... 458,771 458,771
430 ADMINISTRATION................. 428,768 428,768
440 SERVICEWIDE COMMUNICATIONS..... 1,512,736 1,512,736
450 MANPOWER MANAGEMENT............ 272,738 272,738
460 OTHER PERSONNEL SUPPORT........ 391,869 363,869
Historical underexecution.. [-28,000]
470 OTHER SERVICE SUPPORT.......... 1,901,165 1,901,165
480 ARMY CLAIMS ACTIVITIES......... 198,765 183,765
Historical underexecution.. [-15,000]
490 REAL ESTATE MANAGEMENT......... 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT 315,489 315,489
READINESS.....................
510 INTERNATIONAL MILITARY 427,254 427,254
HEADQUARTERS..................
520 MISC. SUPPORT OF OTHER NATIONS. 43,248 43,248
9999 CLASSIFIED PROGRAMS............ 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,600,258
ACTIVITIES....................
UNDISTRIBUTED
999 UNDISTRIBUTED.................. 0 103,800
Cyber operations-peculiar [3,000]
capability development
projects...................
Single family home pilot [1,000]
program....................
THAAD sustainment program [99,800]
transfer from MDA..........
SUBTOTAL UNDISTRIBUTED......... 0 103,800
TOTAL OPERATION & MAINTENANCE, 22,797,873 41,933,824
ARMY..........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
[[Page S3992]]
010 MODULAR SUPPORT BRIGADES....... 0 11,927
Transfer back to base [11,927]
funding....................
020 ECHELONS ABOVE BRIGADE......... 0 533,015
Transfer back to base [533,015]
funding....................
030 THEATER LEVEL ASSETS........... 0 119,517
Transfer back to base [119,517]
funding....................
040 LAND FORCES OPERATIONS SUPPORT. 0 550,468
Transfer back to base [550,468]
funding....................
050 AVIATION ASSETS................ 0 86,670
Transfer back to base [86,670]
funding....................
060 FORCE READINESS OPERATIONS 390,061 390,061
SUPPORT.......................
070 LAND FORCES SYSTEMS READINESS.. 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE.. 0 48,503
Transfer back to base [48,503]
funding....................
090 BASE OPERATIONS SUPPORT........ 0 598,907
Transfer back to base [598,907]
funding....................
100 FACILITIES SUSTAINMENT, 444,376 444,376
RESTORATION & MODERNIZATION...
110 MANAGEMENT AND OPERATIONAL 22,095 22,095
HEADQUARTERS..................
120 CYBERSPACE ACTIVITIES-- 3,288 3,288
CYBERSPACE OPERATIONS.........
130 CYBERSPACE ACTIVITIES-- 7,655 7,655
CYBERSECURITY.................
SUBTOTAL OPERATING FORCES...... 969,365 2,918,372
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION..... 14,533 14,533
150 ADMINISTRATION................. 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS..... 14,304 14,304
170 MANPOWER MANAGEMENT............ 6,129 6,129
180 RECRUITING AND ADVERTISING..... 58,541 58,541
SUBTOTAL ADMIN & SRVWD 110,738 110,738
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 1,080,103 3,029,110
ARMY RES......................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 0 805,671
Transfer back to base [805,671]
funding....................
020 MODULAR SUPPORT BRIGADES....... 0 195,334
Transfer back to base [195,334]
funding....................
030 ECHELONS ABOVE BRIGADE......... 0 771,048
Transfer back to base [771,048]
funding....................
040 THEATER LEVEL ASSETS........... 0 94,726
Transfer back to base [94,726]
funding....................
050 LAND FORCES OPERATIONS SUPPORT. 0 33,696
Transfer back to base [33,696]
funding....................
060 AVIATION ASSETS................ 0 981,819
Transfer back to base [981,819]
funding....................
070 FORCE READINESS OPERATIONS 743,206 743,206
SUPPORT.......................
080 LAND FORCES SYSTEMS READINESS.. 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE.. 0 258,278
Transfer back to base [258,278]
funding....................
100 BASE OPERATIONS SUPPORT........ 0 1,153,076
Transfer back to base [1,153,076]
funding....................
110 FACILITIES SUSTAINMENT, 1,113,475 1,120,675
RESTORATION & MODERNIZATION...
Damage assessment.......... [7,200]
120 MANAGEMENT AND OPERATIONAL 1,001,042 1,001,042
HEADQUARTERS..................
130 CYBERSPACE ACTIVITIES-- 8,448 8,448
CYBERSPACE OPERATIONS.........
140 CYBERSPACE ACTIVITIES-- 7,768 7,768
CYBERSECURITY.................
SUBTOTAL OPERATING FORCES...... 2,924,902 7,225,750
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION..... 9,890 9,890
160 ADMINISTRATION................. 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS..... 68,213 68,213
180 MANPOWER MANAGEMENT............ 8,628 8,628
190 OTHER PERSONNEL SUPPORT........ 250,376 247,376
Unjustified growth for [-1,500]
marketing..................
Unjustified growth for [-1,500]
recruiting.................
200 REAL ESTATE MANAGEMENT......... 2,676 2,676
SUBTOTAL ADMIN & SRVWD 410,853 407,853
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 3,335,755 7,633,603
ARNG..........................
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
[[Page S3993]]
010 MISSION AND OTHER FLIGHT 0 2,877,800
OPERATIONS....................
Transfer back to base [2,877,800]
funding....................
020 FLEET AIR TRAINING............. 2,284,828 2,284,828
030 AVIATION TECHNICAL DATA & 0 59,299
ENGINEERING SERVICES..........
Transfer back to base [59,299]
funding....................
040 AIR OPERATIONS AND SAFETY 155,896 155,896
SUPPORT.......................
050 AIR SYSTEMS SUPPORT............ 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE..... 0 1,154,181
Transfer back to base [1,154,181]
funding....................
070 AIRCRAFT DEPOT OPERATIONS 60,402 60,402
SUPPORT.......................
080 AVIATION LOGISTICS............. 1,241,421 1,241,421
090 MISSION AND OTHER SHIP 0 4,097,262
OPERATIONS....................
Transfer back to base [4,097,262]
funding....................
100 SHIP OPERATIONS SUPPORT & 1,031,792 1,031,792
TRAINING......................
110 SHIP DEPOT MAINTENANCE......... 0 8,875,298
Transfer back to base [8,061,298]
funding....................
UPL SSN and Ship [814,000]
maintenance increase.......
120 SHIP DEPOT OPERATIONS SUPPORT.. 0 2,073,641
Transfer back to base [2,073,641]
funding....................
130 COMBAT COMMUNICATIONS AND 1,378,856 1,378,856
ELECTRONIC WARFARE............
140 SPACE SYSTEMS AND SURVEILLANCE. 276,245 276,245
150 WARFARE TACTICS................ 675,209 675,209
160 OPERATIONAL METEOROLOGY AND 389,516 389,516
OCEANOGRAPHY..................
170 COMBAT SUPPORT FORCES.......... 1,536,310 1,536,310
180 EQUIPMENT MAINTENANCE AND DEPOT 161,579 161,579
OPERATIONS SUPPORT............
190 COMBATANT COMMANDERS CORE 59,521 59,521
OPERATIONS....................
200 COMBATANT COMMANDERS DIRECT 93,978 98,978
MISSION SUPPORT...............
Posture site assessments [5,000]
INDOPACOM..................
210 MILITARY INFORMATION SUPPORT 8,641 8,641
OPERATIONS....................
220 CYBERSPACE ACTIVITIES.......... 496,385 496,385
230 FLEET BALLISTIC MISSILE........ 1,423,339 1,423,339
240 WEAPONS MAINTENANCE............ 924,069 924,069
250 OTHER WEAPON SYSTEMS SUPPORT... 540,210 540,210
260 ENTERPRISE INFORMATION......... 1,131,627 1,131,627
270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634
MODERNIZATION.................
280 BASE OPERATING SUPPORT......... 0 4,433,783
Revised MHPI cost share.... [18,840]
Transfer back to base [4,414,943]
funding....................
SUBTOTAL OPERATING FORCES...... 17,618,565 41,194,829
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE.. 942,902 942,902
300 READY RESERVE FORCE............ 352,044 352,044
310 SHIP ACTIVATIONS/INACTIVATIONS. 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597
SYSTEMS.......................
330 COAST GUARD SUPPORT............ 24,604 24,604
SUBTOTAL MOBILIZATION.......... 1,884,702 1,884,702
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............ 150,765 150,765
350 RECRUIT TRAINING............... 11,584 11,584
360 RESERVE OFFICERS TRAINING CORPS 159,133 159,133
370 SPECIALIZED SKILL TRAINING..... 911,316 911,316
380 PROFESSIONAL DEVELOPMENT 185,211 185,211
EDUCATION.....................
390 TRAINING SUPPORT............... 267,224 267,224
400 RECRUITING AND ADVERTISING..... 209,252 189,252
Unjustified growth......... [-20,000]
410 OFF-DUTY AND VOLUNTARY 88,902 88,902
EDUCATION.....................
420 CIVILIAN EDUCATION AND TRAINING 67,492 67,492
430 JUNIOR ROTC.................... 55,164 55,164
SUBTOTAL TRAINING AND 2,106,043 2,086,043
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................. 1,143,358 1,092,358
Decrease................... [-1,000]
Unjustified audit growth... [-50,000]
450 CIVILIAN MANPOWER AND PERSONNEL 178,342 178,342
MANAGEMENT....................
460 MILITARY MANPOWER AND PERSONNEL 418,413 418,413
MANAGEMENT....................
490 SERVICEWIDE TRANSPORTATION..... 157,465 157,465
510 PLANNING, ENGINEERING, AND 485,397 490,397
PROGRAM SUPPORT...............
REPO....................... [5,000]
520 ACQUISITION, LOGISTICS, AND 654,137 654,137
OVERSIGHT.....................
530 INVESTIGATIVE AND SECURITY 718,061 718,061
SERVICES......................
9999 CLASSIFIED PROGRAMS............ 588,235 591,535
[[Page S3994]]
Transfer back to base [3,300]
funding....................
SUBTOTAL ADMIN & SRVWD 4,343,408 4,300,708
ACTIVITIES....................
UNDISTRIBUTED
999 UNDISTRIBUTED.................. 0 3,000
Cyber operations-peculiar [3,000]
capability development
projects...................
SUBTOTAL UNDISTRIBUTED......... 0 3,000
TOTAL OPERATION & MAINTENANCE, 25,952,718 49,469,282
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 0 968,224
Transfer back to base [968,224]
funding....................
020 FIELD LOGISTICS................ 1,278,533 1,278,533
030 DEPOT MAINTENANCE.............. 0 232,991
Transfer back to base [232,991]
funding....................
040 MARITIME PREPOSITIONING........ 0 100,396
Transfer back to base [100,396]
funding....................
050 CYBERSPACE ACTIVITIES.......... 203,580 203,580
060 SUSTAINMENT, RESTORATION & 1,115,742 1,559,034
MODERNIZATION.................
Transfer back to base [443,292]
funding....................
070 BASE OPERATING SUPPORT......... 0 2,253,776
Transfer back to base [2,253,776]
funding....................
SUBTOTAL OPERATING FORCES...... 2,597,855 6,596,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING............... 21,240 21,240
090 OFFICER ACQUISITION............ 1,168 1,168
100 SPECIALIZED SKILL TRAINING..... 106,601 106,601
110 PROFESSIONAL DEVELOPMENT 49,095 49,095
EDUCATION.....................
120 TRAINING SUPPORT............... 407,315 407,315
130 RECRUITING AND ADVERTISING..... 210,475 210,475
140 OFF-DUTY AND VOLUNTARY 42,810 42,810
EDUCATION.....................
150 JUNIOR ROTC.................... 25,183 25,183
SUBTOTAL TRAINING AND 863,887 863,887
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION..... 29,894 29,894
170 ADMINISTRATION................. 384,352 384,352
9999 CLASSIFIED PROGRAMS............ 52,057 52,057
SUBTOTAL ADMIN & SRVWD 466,303 466,303
ACTIVITIES....................
UNDISTRIBUTED
999 UNDISTRIBUTED.................. 0 3,000
Cyber operations-peculiar [3,000]
capability development.....
SUBTOTAL UNDISTRIBUTED......... 0 3,000
TOTAL OPERATION & MAINTENANCE, 3,928,045 7,929,724
MARINE CORPS..................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 0 654,220
OPERATIONS....................
Transfer back to base [654,220]
funding....................
020 INTERMEDIATE MAINTENANCE....... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE..... 0 108,236
Transfer back to base [108,236]
funding....................
040 AIRCRAFT DEPOT OPERATIONS 463 463
SUPPORT.......................
050 AVIATION LOGISTICS............. 26,014 26,014
060 SHIP OPERATIONS SUPPORT & 583 583
TRAINING......................
070 COMBAT COMMUNICATIONS.......... 17,883 17,883
080 COMBAT SUPPORT FORCES.......... 128,079 128,079
090 CYBERSPACE ACTIVITIES.......... 356 356
100 ENTERPRISE INFORMATION......... 26,133 26,133
110 SUSTAINMENT, RESTORATION AND 35,397 35,397
MODERNIZATION.................
120 BASE OPERATING SUPPORT......... 0 101,376
Transfer back to base [101,376]
funding....................
SUBTOTAL OPERATING FORCES...... 243,675 1,107,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................. 1,888 1,888
140 MILITARY MANPOWER AND PERSONNEL 12,778 12,778
MANAGEMENT....................
150 ACQUISITION AND PROGRAM 2,943 2,943
MANAGEMENT....................
SUBTOTAL ADMIN & SRVWD 17,609 17,609
ACTIVITIES....................
[[Page S3995]]
TOTAL OPERATION & MAINTENANCE, 261,284 1,125,116
NAVY RES......................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............... 0 106,484
Transfer back to base [106,484]
funding....................
020 DEPOT MAINTENANCE.............. 0 18,429
Transfer back to base [18,429]
funding....................
030 SUSTAINMENT, RESTORATION AND 47,516 47,516
MODERNIZATION.................
040 BASE OPERATING SUPPORT......... 0 106,073
Transfer back to base [106,073]
funding....................
SUBTOTAL OPERATING FORCES...... 47,516 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................. 13,574 13,574
SUBTOTAL ADMIN & SRVWD 13,574 13,574
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 61,090 292,076
MC RESERVE....................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 729,127 729,127
020 COMBAT ENHANCEMENT FORCES...... 1,318,770 1,318,770
030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,486,790
MAINTAIN SKILLS)..............
040 DEPOT PURCHASE EQUIPMENT 0 3,334,792
MAINTENANCE...................
Transfer back to base [3,334,792]
funding....................
050 FACILITIES SUSTAINMENT, 3,675,824 4,142,435
RESTORATION & MODERNIZATION...
Transfer back to base [466,611]
funding....................
060 CYBERSPACE SUSTAINMENT......... 0 228,811
Transfer back to base [228,811]
funding....................
070 CONTRACTOR LOGISTICS SUPPORT 0 8,329,364
AND SYSTEM SUPPORT............
Transfer back to base [8,329,364]
funding....................
080 FLYING HOUR PROGRAM............ 0 4,048,773
Transfer back to base [4,048,773]
funding....................
090 BASE SUPPORT................... 0 7,191,582
Revised MHPI cost share.... [-32,400]
Transfer back to base [7,223,982]
funding....................
100 GLOBAL C3I AND EARLY WARNING... 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS.. 1,032,307 1,032,307
120 CYBERSPACE ACTIVITIES.......... 670,076 670,076
140 LAUNCH FACILITIES.............. 179,980 179,980
150 SPACE CONTROL SYSTEMS.......... 467,990 467,990
160 US NORTHCOM/NORAD.............. 184,655 184,655
170 US STRATCOM.................... 478,357 478,357
180 US CYBERCOM.................... 323,121 347,921
Accelerate development [1,500]
Cyber National Mission
Force capabilities.........
Cyber National Mission [5,300]
Force Mobile & Modular Hunt
Forward Kit................
ETERNALDARKNESS............ [18,000]
190 US CENTCOM..................... 160,989 160,989
200 US SOCOM....................... 6,225 6,225
210 US TRANSCOM.................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT. 2,073 2,073
230 USSPACECOM..................... 70,588 70,588
9999 CLASSIFIED PROGRAMS............ 1,322,944 1,322,944
SUBTOTAL OPERATING FORCES...... 13,074,913 36,699,646
MOBILIZATION
240 AIRLIFT OPERATIONS............. 1,158,142 1,158,142
250 MOBILIZATION PREPAREDNESS...... 138,672 138,672
SUBTOTAL MOBILIZATION.......... 1,296,814 1,296,814
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............ 130,835 130,835
270 RECRUIT TRAINING............... 26,021 26,021
280 RESERVE OFFICERS TRAINING CORPS 121,391 121,391
(ROTC)........................
290 SPECIALIZED SKILL TRAINING..... 454,539 454,539
300 FLIGHT TRAINING................ 600,565 600,565
310 PROFESSIONAL DEVELOPMENT 282,788 282,788
EDUCATION.....................
320 TRAINING SUPPORT............... 123,988 123,988
330 RECRUITING AND ADVERTISING..... 167,731 161,731
Unjustified growth......... [-6,000]
340 EXAMINING...................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY 211,911 211,911
EDUCATION.....................
[[Page S3996]]
360 CIVILIAN EDUCATION AND TRAINING 219,021 219,021
370 JUNIOR ROTC.................... 62,092 62,092
SUBTOTAL TRAINING AND 2,405,458 2,399,458
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS........... 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES... 101,483 101,483
400 ADMINISTRATION................. 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS..... 152,532 152,532
420 OTHER SERVICEWIDE ACTIVITIES... 1,254,089 1,254,089
430 CIVIL AIR PATROL............... 30,070 30,070
460 INTERNATIONAL SUPPORT.......... 136,110 136,110
9999 CLASSIFIED PROGRAMS............ 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD 4,501,314 4,501,314
ACTIVITIES....................
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
010 BASE SUPPORT................... 72,436 72,436
SUBTOTAL OPERATING FORCES...... 72,436 72,436
TOTAL OPERATION & MAINTENANCE, 72,436 72,436
SPACE FORCE...................
UNDISTRIBUTED
999 UNDISTRIBUTED.................. 0 3,000
Cyber operations-peculiar [3,000]
capability development
projects...................
SUBTOTAL UNDISTRIBUTED......... 0 3,000
TOTAL OPERATION & MAINTENANCE, 21,278,499 44,900,232
AIR FORCE.....................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 1,781,413 1,781,413
020 MISSION SUPPORT OPERATIONS..... 209,650 209,650
030 DEPOT PURCHASE EQUIPMENT 0 494,235
MAINTENANCE...................
Transfer back to base [494,235]
funding....................
040 FACILITIES SUSTAINMENT, 128,746 128,746
RESTORATION & MODERNIZATION...
050 CONTRACTOR LOGISTICS SUPPORT 0 256,512
AND SYSTEM SUPPORT............
Transfer back to base [256,512]
funding....................
060 BASE SUPPORT................... 0 414,626
Transfer back to base [414,626]
funding....................
070 CYBERSPACE ACTIVITIES.......... 1,673 1,673
SUBTOTAL OPERATING FORCES...... 2,121,482 3,286,855
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
080 ADMINISTRATION................. 69,436 69,436
090 RECRUITING AND ADVERTISING..... 22,124 22,124
100 MILITARY MANPOWER AND PERS MGMT 10,946 10,946
(ARPC)........................
110 OTHER PERS SUPPORT (DISABILITY 7,009 7,009
COMP).........................
120 AUDIOVISUAL.................... 448 448
SUBTOTAL ADMINISTRATION AND 109,963 109,963
SERVICEWIDE ACTIVITIES........
TOTAL OPERATION & MAINTENANCE, 2,231,445 3,396,818
AF RESERVE....................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............ 2,497,967 2,497,967
020 MISSION SUPPORT OPERATIONS..... 600,377 600,377
030 DEPOT PURCHASE EQUIPMENT 0 879,467
MAINTENANCE...................
Transfer back to base [879,467]
funding....................
040 FACILITIES SUSTAINMENT, 400,734 400,734
RESTORATION & MODERNIZATION...
050 CONTRACTOR LOGISTICS SUPPORT 0 1,299,089
AND SYSTEM SUPPORT............
Transfer back to base [1,299,089]
funding....................
060 BASE SUPPORT................... 0 911,775
Transfer back to base [911,775]
funding....................
070 CYBERSPACE SUSTAINMENT......... 0 24,742
Transfer back to base [24,742]
funding....................
080 CYBERSPACE ACTIVITIES.......... 25,507 25,507
SUBTOTAL OPERATING FORCES...... 3,524,585 6,639,658
ADMINISTRATION AND SERVICE-WIDE
ACTIVITIES
090 ADMINISTRATION................. 47,215 47,215
100 RECRUITING AND ADVERTISING..... 40,356 40,356
SUBTOTAL ADMINISTRATION AND 87,571 87,571
SERVICE-WIDE ACTIVITIES.......
[[Page S3997]]
TOTAL OPERATION & MAINTENANCE, 3,612,156 6,727,229
ANG...........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.......... 409,542 409,542
020 JOINT CHIEFS OF STAFF--CE2T2... 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER... 24,598 24,598
040 SPECIAL OPERATIONS COMMAND 1,075,762 1,075,762
COMBAT DEVELOPMENT ACTIVITIES.
050 SPECIAL OPERATIONS COMMAND 14,409 14,409
CYBERSPACE ACTIVITIES.........
060 SPECIAL OPERATIONS COMMAND 501,747 501,747
INTELLIGENCE..................
070 SPECIAL OPERATIONS COMMAND 559,300 559,300
MAINTENANCE...................
080 SPECIAL OPERATIONS COMMAND 177,928 177,928
MANAGEMENT/OPERATIONAL
HEADQUARTERS..................
090 SPECIAL OPERATIONS COMMAND 925,262 925,262
OPERATIONAL SUPPORT...........
100 SPECIAL OPERATIONS COMMAND 2,764,738 2,764,738
THEATER FORCES................
SUBTOTAL OPERATING FORCES...... 7,032,465 7,032,465
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY. 180,250 180,250
130 JOINT CHIEFS OF STAFF.......... 100,610 100,610
140 PROFESSIONAL DEVELOPMENT 33,967 33,967
EDUCATION.....................
SUBTOTAL TRAINING AND 314,827 314,827
RECRUITING....................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS........ 165,707 195,007
IRT Increase............... [14,300]
Starbase................... [15,000]
180 DEFENSE CONTRACT AUDIT AGENCY.. 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,362 3,362
CYBER.........................
200 DEFENSE CONTRACT MANAGEMENT 1,438,068 1,438,068
AGENCY........................
210 DEFENSE CONTRACT MANAGEMENT 24,391 24,391
AGENCY--CYBER.................
220 DEFENSE HUMAN RESOURCES 892,438 892,438
ACTIVITY......................
230 DEFENSE INFORMATION SYSTEMS 2,012,885 2,007,885
AGENCY........................
MilCloud................... [-5,000]
240 DEFENSE INFORMATION SYSTEMS 601,223 636,360
AGENCY--CYBER.................
Sharkseer transfer......... [35,137]
270 DEFENSE LEGAL SERVICES AGENCY.. 34,632 34,632
280 DEFENSE LOGISTICS AGENCY....... 415,699 415,699
290 DEFENSE MEDIA ACTIVITY......... 202,792 202,792
300 DEFENSE PERSONNEL ACCOUNTING 144,881 144,881
AGENCY........................
310 DEFENSE SECURITY COOPERATION 696,884 696,884
AGENCY........................
Assessment, monitoring, and [11,000]
evaluation.................
Security cooperation [-11,000]
account....................
320 DEFENSE SECURITY SERVICE....... 889,664 899,664
Consolidated Adjudication [10,000]
Facility...................
340 DEFENSE SECURITY SERVICE--CYBER 9,220 9,220
360 DEFENSE TECHNICAL INFORMATION 3,000 3,000
CENTER........................
370 DEFENSE TECHNOLOGY SECURITY 35,626 35,626
ADMINISTRATION................
380 DEFENSE THREAT REDUCTION AGENCY 568,133 568,133
400 DEFENSE THREAT REDUCTION 13,339 13,339
AGENCY--CYBER.................
410 DEPARTMENT OF DEFENSE EDUCATION 2,932,226 2,982,226
ACTIVITY......................
Impact aid for children [10,000]
with severe disabilities...
Impact aid for schools with [40,000]
military dependent students
420 MISSILE DEFENSE AGENCY......... 522,529 422,729
THAAD program transfer to [-99,800]
Army.......................
450 OFFICE OF ECONOMIC ADJUSTMENT.. 59,513 59,513
460 OFFICE OF THE SECRETARY OF 1,604,738 1,678,738
DEFENSE.......................
Bien Hoa dioxin cleanup.... [15,000]
CDC study.................. [10,000]
Emerging contaminants...... [1,000]
Industrial policy [15,000]
implementation of EO13806..
Interstate compacts for [4,000]
licensure and credentialing
National Commission on [3,000]
Military Aviation Safety...
National Commission on [1,000]
Military, National, and
Public Service.............
Readiness and Environmental [25,000]
Protection Integration.....
470 OFFICE OF THE SECRETARY OF 48,783 48,783
DEFENSE--CYBER................
480 SPACE DEVELOPMENT AGENCY....... 44,750 44,750
500 WASHINGTON HEADQUARTERS 324,001 329,001
SERVICES......................
Defense Digital Service [5,000]
Hires......................
9999 CLASSIFIED PROGRAMS............ 15,736,098 15,781,461
Sharkseer transfer......... [-35,137]
Transfer back to base [80,500]
funding....................
SUBTOTAL ADMIN & SRVWIDE 30,052,049 30,196,049
ACTIVITIES....................
TOTAL OPERATION AND 37,399,341 37,543,341
MAINTENANCE, DEFENSE-WIDE.....
[[Page S3998]]
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE
ARMED FORCES, DEFENSE
010 US COURT OF APPEALS FOR THE 14,771 14,771
ARMED FORCES, DEFENSE.........
SUBTOTAL US COURT OF APPEALS 14,771 14,771
FOR THE ARMED FORCES, DEFENSE.
OVERSEAS HUMANITARIAN, DISASTER
AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER 108,600 108,600
AND CIVIC AID.................
SUBTOTAL OVERSEAS HUMANITARIAN, 108,600 108,600
DISASTER AND CIVIC AID........
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION... 338,700 338,700
SUBTOTAL COOPERATIVE THREAT 338,700 338,700
REDUCTION.....................
ACQ WORKFORCE DEV FD
010 ACQ WORKFORCE DEV FD........... 400,000 400,000
SUBTOTAL ACQ WORKFORCE DEV FD.. 400,000 400,000
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY 207,518 207,518
SUBTOTAL ENVIRONMENTAL 207,518 207,518
RESTORATION, ARMY.............
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY 335,932 335,932
SUBTOTAL ENVIRONMENTAL 335,932 335,932
RESTORATION, NAVY.............
ENVIRONMENTAL RESTORATION, AIR
FORCE
070 ENVIRONMENTAL RESTORATION, AIR 302,744 302,744
FORCE.........................
SUBTOTAL ENVIRONMENTAL 302,744 302,744
RESTORATION, AIR FORCE........
ENVIRONMENTAL RESTORATION,
DEFENSE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE.......................
SUBTOTAL ENVIRONMENTAL 9,105 9,105
RESTORATION, DEFENSE..........
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION 216,499 216,499
FORMERLY USED SITES...........
SUBTOTAL ENVIRONMENTAL 216,499 216,499
RESTORATION FORMERLY USED
SITES.........................
TOTAL MISCELLANEOUS 1,933,869 1,933,869
APPROPRIATIONS................
UNDISTRIBUTED
UNDISTRIBUTED
999 UNDISTRIBUTED.................. 0 -590,000
Foreign currency [-607,000]
fluctuation fund reduction.
JROTC...................... [25,000]
Printing inefficiencies.... [-8,000]
SUBTOTAL UNDISTRIBUTED......... 0 -590,000
TOTAL UNDISTRIBUTED............ 0 -590,000
TOTAL OPERATION & MAINTENANCE.. 123,944,614 205,396,660
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................. 3,146,796 1,410,874
Transfer back to base [-1,735,922]
funding....................
020 MODULAR SUPPORT BRIGADES....... 127,815 0
Transfer back to base [-127,815]
funding....................
030 ECHELONS ABOVE BRIGADE......... 742,858 26,502
Transfer back to base [-716,356]
funding....................
040 THEATER LEVEL ASSETS........... 3,165,381 2,274,490
Transfer back to base [-890,891]
funding....................
050 LAND FORCES OPERATIONS SUPPORT. 1,368,765 136,288
Transfer back to base [-1,232,477]
funding....................
060 AVIATION ASSETS................ 1,655,846 300,240
[[Page S3999]]
Transfer back to base [-1,355,606]
funding....................
070 FORCE READINESS OPERATIONS 6,889,293 3,415,009
SUPPORT.......................
Transfer back to base [-3,474,284]
funding....................
080 LAND FORCES SYSTEMS READINESS.. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE.. 1,720,258 86,931
Transfer back to base [-1,633,327]
funding....................
100 BASE OPERATIONS SUPPORT........ 8,163,639 115,706
Transfer back to base [-8,047,933]
funding....................
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION...
130 ADDITIONAL ACTIVITIES.......... 6,397,586 6,397,586
140 COMMANDER'S EMERGENCY RESPONSE 5,000 5,000
PROGRAM.......................
150 RESET.......................... 1,048,896 1,048,896
160 US AFRICA COMMAND.............. 203,174 203,174
170 US EUROPEAN COMMAND............ 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS.........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY.................
SUBTOTAL OPERATING FORCES...... 35,105,836 15,891,225
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS...... 131,954 131,954
SUBTOTAL MOBILIZATION.......... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION..... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES...... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES.... 9,309 9,309
420 AMMUNITION MANAGEMENT.......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT........ 109,019 109,019
490 REAL ESTATE MANAGEMENT......... 251,355 251,355
9999 CLASSIFIED PROGRAMS............ 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 37,987,549 18,772,938
ARMY..........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES....... 11,927 0
Transfer back to base [-11,927]
funding....................
020 ECHELONS ABOVE BRIGADE......... 553,455 20,440
Transfer back to base [-533,015]
funding....................
030 THEATER LEVEL ASSETS........... 119,517 0
Transfer back to base [-119,517]
funding....................
040 LAND FORCES OPERATIONS SUPPORT. 550,468 0
Transfer back to base [-550,468]
funding....................
050 AVIATION ASSETS................ 86,670 0
Transfer back to base [-86,670]
funding....................
060 FORCE READINESS OPERATIONS 689 689
SUPPORT.......................
080 LAND FORCES DEPOT MAINTENANCE.. 48,503 0
Transfer back to base [-48,503]
funding....................
090 BASE OPERATIONS SUPPORT........ 615,370 16,463
Transfer back to base [-598,907]
funding....................
SUBTOTAL OPERATING FORCES...... 1,986,599 37,592
TOTAL OPERATION & MAINTENANCE, 1,986,599 37,592
ARMY RES......................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................. 851,567 45,896
Transfer back to base [-805,671]
funding....................
020 MODULAR SUPPORT BRIGADES....... 195,514 180
Transfer back to base [-195,334]
funding....................
030 ECHELONS ABOVE BRIGADE......... 774,030 2,982
Transfer back to base [-771,048]
funding....................
040 THEATER LEVEL ASSETS........... 95,274 548
Transfer back to base [-94,726]
funding....................
050 LAND FORCES OPERATIONS SUPPORT. 33,696 0
Transfer back to base [-33,696]
funding....................
060 AVIATION ASSETS................ 991,048 9,229
Transfer back to base [-981,819]
funding....................
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT.......................
090 LAND FORCES DEPOT MAINTENANCE.. 258,278 0
Transfer back to base [-258,278]
funding....................
100 BASE OPERATIONS SUPPORT........ 1,175,139 22,063
Transfer back to base [-1,153,076]
funding....................
[[Page S4000]]
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS..................
SUBTOTAL OPERATING FORCES...... 4,376,736 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS..... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 4,376,939 83,291
ARNG..........................
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT.................... 1,313,047 1,313,047
100 INFRASTRUCTURE................. 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION... 120,868 120,868
120 TRAINING AND OPERATIONS........ 118,591 118,591
SUBTOTAL AFGHAN NATIONAL ARMY.. 1,589,658 1,589,658
AFGHAN NATIONAL POLICE
130 SUSTAINMENT.................... 422,806 422,806
140 INFRASTRUCTURE................. 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION... 127,081 127,081
160 TRAINING AND OPERATIONS........ 108,112 108,112
SUBTOTAL AFGHAN NATIONAL POLICE 660,357 660,357
AFGHAN AIR FORCE
170 SUSTAINMENT.................... 893,829 893,829
180 INFRASTRUCTURE................. 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION... 566,967 566,967
200 TRAINING AND OPERATIONS........ 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE...... 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT.................... 437,909 437,909
220 INFRASTRUCTURE................. 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION... 153,806 153,806
240 TRAINING AND OPERATIONS........ 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES...............
TOTAL AFGHANISTAN SECURITY 4,803,978 4,803,978
FORCES FUND...................
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,682,156 2,804,356
OPERATIONS....................
Transfer back to base [-2,877,800]
funding....................
030 AVIATION TECHNICAL DATA & 60,115 816
ENGINEERING SERVICES..........
Transfer back to base [-59,299]
funding....................
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT.......................
050 AIR SYSTEMS SUPPORT............ 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE..... 1,322,427 168,246
Transfer back to base [-1,154,181]
funding....................
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT.......................
080 AVIATION LOGISTICS............. 10,618 10,618
090 MISSION AND OTHER SHIP 5,582,370 1,485,108
OPERATIONS....................
Transfer back to base [-4,097,262]
funding....................
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING......................
110 SHIP DEPOT MAINTENANCE......... 10,426,913 2,365,615
Transfer back to base [-8,061,298]
funding....................
120 SHIP DEPOT OPERATIONS SUPPORT.. 2,073,641 0
Transfer back to base [-2,073,641]
funding....................
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE............
140 SPACE SYSTEMS AND SURVEILLANCE. 18,000 18,000
150 WARFARE TACTICS................ 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY..................
170 COMBAT SUPPORT FORCES.......... 608,870 608,870
180 EQUIPMENT MAINTENANCE AND DEPOT 7,799 7,799
OPERATIONS SUPPORT............
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT...............
220 CYBERSPACE ACTIVITIES.......... 363 363
240 WEAPONS MAINTENANCE............ 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT... 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION.................
280 BASE OPERATING SUPPORT......... 4,634,042 219,099
Transfer back to base [-4,414,943]
funding....................
SUBTOTAL OPERATING FORCES...... 31,354,388 8,615,964
[[Page S4001]]
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS.......................
330 COAST GUARD SUPPORT............ 190,000 190,000
SUBTOTAL MOBILIZATION.......... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING..... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................. 8,475 8,475
460 MILITARY MANPOWER AND PERSONNEL 7,653 7,653
MANAGEMENT....................
490 SERVICEWIDE TRANSPORTATION..... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT.....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES......................
9999 CLASSIFIED PROGRAMS............ 21,054 17,754
Transfer back to base [-3,300]
funding....................
SUBTOTAL ADMIN & SRVWD 120,554 117,254
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 31,734,683 8,992,959
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............. 1,682,877 714,653
Transfer back to base [-968,224]
funding....................
020 FIELD LOGISTICS................ 232,508 232,508
030 DEPOT MAINTENANCE.............. 287,092 54,101
Transfer back to base [-232,991]
funding....................
040 MARITIME PREPOSITIONING........ 100,396 0
Transfer back to base [-100,396]
funding....................
050 CYBERSPACE ACTIVITIES.......... 2,000 2,000
060 SUSTAINMENT, RESTORATION & 443,292 340,000
MODERNIZATION.................
Disaster recovery increase. [340,000]
Transfer back to base [-443,292]
funding....................
070 BASE OPERATING SUPPORT......... 2,278,346 24,570
Transfer back to base [-2,253,776]
funding....................
SUBTOTAL OPERATING FORCES...... 5,026,511 1,367,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT............... 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION..... 61,400 61,400
9999 CLASSIFIED PROGRAMS............ 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 5,123,470 1,464,791
MARINE CORPS..................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 654,220 0
OPERATIONS....................
Transfer back to base [-654,220]
funding....................
020 INTERMEDIATE MAINTENANCE....... 510 510
030 AIRCRAFT DEPOT MAINTENANCE..... 119,864 11,628
Transfer back to base [-108,236]
funding....................
080 COMBAT SUPPORT FORCES.......... 10,898 10,898
120 BASE OPERATING SUPPORT......... 101,376 0
Transfer back to base [-101,376]
funding....................
SUBTOTAL OPERATING FORCES...... 886,868 23,036
TOTAL OPERATION & MAINTENANCE, 886,868 23,036
NAVY RES......................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES............... 114,111 7,627
Transfer back to base [-106,484]
funding....................
020 DEPOT MAINTENANCE.............. 18,429 0
Transfer back to base [-18,429]
funding....................
040 BASE OPERATING SUPPORT......... 107,153 1,080
Transfer back to base [-106,073]
funding....................
SUBTOTAL OPERATING FORCES...... 239,693 8,707
TOTAL OPERATION & MAINTENANCE, 239,693 8,707
MC RESERVE....................
[[Page S4002]]
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES.......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES...... 1,049,170 1,049,170
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS)..............
040 DEPOT PURCHASE EQUIPMENT 3,743,491 408,699
MAINTENANCE...................
Transfer back to base [-3,334,792]
funding....................
050 FACILITIES SUSTAINMENT, 613,875 487,264
RESTORATION & MODERNIZATION...
Disaster recovery increase. [340,000]
Transfer back to base [-466,611]
funding....................
060 CYBERSPACE SUSTAINMENT......... 238,872 10,061
Transfer back to base [-228,811]
funding....................
070 CONTRACTOR LOGISTICS SUPPORT 9,282,958 953,594
AND SYSTEM SUPPORT............
Transfer back to base [-8,329,364]
funding....................
080 FLYING HOUR PROGRAM............ 6,544,039 2,495,266
Transfer back to base [-4,048,773]
funding....................
090 BASE SUPPORT................... 8,762,102 1,538,120
Transfer back to base [-7,223,982]
funding....................
100 GLOBAL C3I AND EARLY WARNING... 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS.. 272,020 272,020
120 CYBERSPACE ACTIVITIES.......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES............
140 LAUNCH FACILITIES.............. 391 391
150 SPACE CONTROL SYSTEMS.......... 39,990 39,990
160 US NORTHCOM/NORAD.............. 725 725
170 US STRATCOM.................... 926 926
180 US CYBERCOM.................... 35,189 35,189
190 US CENTCOM..................... 163,015 163,015
200 US SOCOM....................... 19,000 19,000
SUBTOTAL OPERATING FORCES...... 31,108,821 7,816,488
MOBILIZATION
240 AIRLIFT OPERATIONS............. 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS...... 109,682 109,682
SUBTOTAL MOBILIZATION.......... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............ 200 200
270 RECRUIT TRAINING............... 352 352
290 SPECIALIZED SKILL TRAINING..... 26,802 26,802
300 FLIGHT TRAINING................ 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION.....................
320 TRAINING SUPPORT............... 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING....................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS........... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES... 11,608 11,608
400 ADMINISTRATION................. 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS..... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES... 98,841 98,841
460 INTERNATIONAL SUPPORT.......... 29,890 29,890
9999 CLASSIFIED PROGRAMS............ 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES....................
TOTAL OPERATION & MAINTENANCE, 33,028,712 9,736,379
AIR FORCE.....................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 518,423 24,188
MAINTENANCE...................
Transfer back to base [-494,235]
funding....................
050 CONTRACTOR LOGISTICS SUPPORT 256,512 0
AND SYSTEM SUPPORT............
Transfer back to base [-256,512]
funding....................
060 BASE SUPPORT................... 420,196 5,570
Transfer back to base [-414,626]
funding....................
SUBTOTAL OPERATING FORCES...... 1,195,131 29,758
TOTAL OPERATION & MAINTENANCE, 1,195,131 29,758
AF RESERVE....................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS..... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 946,411 66,944
MAINTENANCE...................
[[Page S4003]]
Transfer back to base [-879,467]
funding....................
050 CONTRACTOR LOGISTICS SUPPORT 1,392,709 93,620
AND SYSTEM SUPPORT............
Transfer back to base [-1,299,089]
funding....................
060 BASE SUPPORT................... 924,454 12,679
Transfer back to base [-911,775]
funding....................
070 CYBERSPACE SUSTAINMENT......... 24,742 0
Transfer back to base [-24,742]
funding....................
SUBTOTAL OPERATING FORCES...... 3,291,982 176,909
TOTAL OPERATION & MAINTENANCE, 3,291,982 176,909
ANG...........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF.......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2... 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,121,580
COMBAT DEVELOPMENT ACTIVITIES.
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE..................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE...................
090 SPECIAL OPERATIONS COMMAND 138,458 138,458
OPERATIONAL SUPPORT...........
100 SPECIAL OPERATIONS COMMAND 808,729 808,729
THEATER FORCES................
SUBTOTAL OPERATING FORCES...... 3,825,313 3,825,313
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY.. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY........................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY........................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER.................
270 DEFENSE LEGAL SERVICES AGENCY.. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY......... 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,977,217
AGENCY........................
Security cooperation [-100,000]
account, unjustified growth
Transfer from CTEF Iraq.... [100,000]
Ukraine Security Assistance [50,000]
Initiative.................
380 DEFENSE THREAT REDUCTION AGENCY 317,558 317,558
410 DEPARTMENT OF DEFENSE EDUCATION 31,620 31,620
ACTIVITY......................
460 OFFICE OF THE SECRETARY OF 16,666 16,666
DEFENSE.......................
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES......................
9999 CLASSIFIED PROGRAMS............ 2,005,285 1,924,785
Transfer back to base [-80,500]
funding....................
SUBTOTAL ADMIN & SRVWIDE 4,623,299 4,592,799
ACTIVITIES....................
TOTAL OPERATION AND 8,448,612 8,418,112
MAINTENANCE, DEFENSE-WIDE.....
TOTAL OPERATION & MAINTENANCE.. 133,104,216 52,548,450
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 143,476,503 142,557,523
Historical under execution....... [-918,980]
SUBTOTAL MILITARY PERSONNEL 143,476,503 142,557,523
APPROPRIATIONS.......................
MEDICARE-ELIGIBLE RETIREE HEALTH FUND
CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND 7,816,815 7,816,815
CONTRIBUTIONS........................
SUBTOTAL MEDICARE-ELIGIBLE RETIREE 7,816,815 7,816,815
HEALTH FUND CONTRIBUTIONS............
TOTAL MILITARY PERSONNEL.............. 151,293,318 150,374,338
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.
[[Page S4004]]
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Item Request Authorized
------------------------------------------------------------------------
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS..... 4,485,808 4,485,808
SUBTOTAL MILITARY PERSONNEL 4,485,808 4,485,808
APPROPRIATIONS.......................
TOTAL MILITARY PERSONNEL.............. 4,485,808 4,485,808
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
010 INDUSTRIAL OPERATIONS.......... 57,467 57,467
020 SUPPLY MANAGEMENT--ARMY........ 32,130 32,130
SUBTOTAL WORKING CAPITAL FUND, 89,597 89,597
ARMY..........................
WORKING CAPITAL FUND, AIR FORCE
020 SUPPLIES AND MATERIALS......... 92,499 102,499
Energy optimization [10,000]
initiatives................
SUBTOTAL WORKING CAPITAL FUND, 92,499 102,499
AIR FORCE.....................
WORKING CAPITAL FUND, DEFENSE-
WIDE
010 SUPPLY CHAIN MANAGEMENT--DEF... 49,085 49,085
SUBTOTAL WORKING CAPITAL FUND, 49,085 49,085
DEFENSE-WIDE..................
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND, DECA..... 995,030 995,030
SUBTOTAL WORKING CAPITAL FUND, 995,030 995,030
DECA..........................
WCF, DEF COUNTERINTELLIGENCE &
SECURITY AGENCY
010 DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000
SECURITY AGENCY...............
SUBTOTAL WCF, DEF 200,000 200,000
COUNTERINTELLIGENCE & SECURITY
AGENCY........................
TOTAL WORKING CAPITAL FUND..... 1,426,211 1,436,211
CHEM AGENTS & MUNITIONS
DESTRUCTION
CHEM AGENTS & MUNITIONS
DESTRUCTION
1 OPERATION AND MAINTENANCE...... 107,351 107,351
2 RESEARCH, DEVELOPMENT, TEST, 875,930 875,930
AND EVALUATION................
3 PROCUREMENT.................... 2,218 2,218
SUBTOTAL CHEM AGENTS & 985,499 985,499
MUNITIONS DESTRUCTION.........
TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499
DESTRUCTION...................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER
DRUG ACTIVITIES
010 COUNTER-NARCOTICS SUPPORT...... 581,739 581,739
SUBTOTAL DRUG INTERDICTION AND 581,739 581,739
COUNTER DRUG ACTIVITIES.......
DRUG DEMAND REDUCTION PROGRAM
020 DRUG DEMAND REDUCTION PROGRAM.. 120,922 120,922
SUBTOTAL DRUG DEMAND REDUCTION 120,922 120,922
PROGRAM.......................
NATIONAL GUARD COUNTER-DRUG
PROGRAM
030 NATIONAL GUARD COUNTER-DRUG 91,370 91,370
PROGRAM.......................
SUBTOTAL NATIONAL GUARD COUNTER- 91,370 91,370
DRUG PROGRAM..................
NATIONAL GUARD COUNTER-DRUG
SCHOOLS
040 NATIONAL GUARD COUNTER-DRUG 5,371 5,371
SCHOOLS.......................
SUBTOTAL NATIONAL GUARD COUNTER- 5,371 5,371
DRUG SCHOOLS..................
TOTAL DRUG INTERDICTION & CTR- 799,402 799,402
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OPERATION AND MAINTENANCE...... 359,022 359,022
020 OPERATION AND MAINTENANCE-- 1,179 1,179
CYBER.........................
030 RDT&E.......................... 2,965 2,965
040 PROCUREMENT.................... 333 333
SUBTOTAL OFFICE OF THE 363,499 363,499
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 363,499 363,499
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 9,570,615 9,570,615
020 PRIVATE SECTOR CARE............ 15,041,006 15,052,006
Contraceptive cost-sharing. [11,000]
030 CONSOLIDATED HEALTH SUPPORT.... 1,975,536 1,975,536
040 INFORMATION MANAGEMENT......... 2,004,588 2,004,588
050 MANAGEMENT ACTIVITIES.......... 333,246 333,246
060 EDUCATION AND TRAINING......... 793,810 793,810
070 BASE OPERATIONS/COMMUNICATIONS. 2,093,289 2,093,289
SUBTOTAL OPERATION & 31,812,090 31,823,090
MAINTENANCE...................
RDT&E
080 R&D RESEARCH................... 12,621 12,621
090 R&D EXPLORATRY DEVELOPMENT..... 84,266 84,266
100 R&D ADVANCED DEVELOPMENT....... 279,766 279,766
110 R&D DEMONSTRATION/VALIDATION... 128,055 128,055
120 R&D ENGINEERING DEVELOPMENT.... 143,527 143,527
130 R&D MANAGEMENT AND SUPPORT..... 67,219 67,219
140 R&D CAPABILITIES ENHANCEMENT... 16,819 16,819
SUBTOTAL RDT&E................. 732,273 732,273
PROCUREMENT
150 PROC INITIAL OUTFITTING........ 26,135 26,135
160 PROC REPLACEMENT & 225,774 225,774
MODERNIZATION.................
[[Page S4005]]
170 PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM............
180 PROC MILITARY HEALTH SYSTEM-- 73,010 73,010
DESKTOP TO DATACENTER.........
190 PROC DOD HEALTHCARE MANAGEMENT 129,091 129,091
SYSTEM MODERNIZATION..........
SUBTOTAL PROCUREMENT........... 454,324 454,324
TOTAL DEFENSE HEALTH PROGRAM... 32,998,687 33,009,687
TOTAL OTHER AUTHORIZATIONS..... 36,573,298 36,594,298
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Line Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
020 SUPPLY MANAGEMENT--ARMY........ 20,100 20,100
SUBTOTAL WORKING CAPITAL FUND, 20,100 20,100
ARMY..........................
TOTAL WORKING CAPITAL FUND..... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
DRUG INTERDICTION AND COUNTER
DRUG ACTIVITIES
010 COUNTER-NARCOTICS SUPPORT...... 163,596 163,596
SUBTOTAL DRUG INTERDICTION AND 163,596 163,596
COUNTER DRUG ACTIVITIES.......
TOTAL DRUG INTERDICTION & CTR- 163,596 163,596
DRUG ACTIVITIES, DEF..........
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OPERATION & MAINTENANCE........ 24,254 24,254
SUBTOTAL OFFICE OF THE 24,254 24,254
INSPECTOR GENERAL.............
TOTAL OFFICE OF THE INSPECTOR 24,254 24,254
GENERAL.......................
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE.................. 57,459 57,459
020 PRIVATE SECTOR CARE............ 287,487 287,487
030 CONSOLIDATED HEALTH SUPPORT.... 2,800 2,800
SUBTOTAL OPERATION & 347,746 347,746
MAINTENANCE...................
TOTAL DEFENSE HEALTH PROGRAM... 347,746 347,746
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ........................... 745,000 645,000
Transfer to DSCA Security [-100,000]
Cooperation................
020 SYRIA.......................... 300,000 300,000
SUBTOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000
EQUIP FUND (CTEF).............
TOTAL COUNTER ISIS TRAIN AND 1,045,000 945,000
EQUIP FUND (CTEF).............
TOTAL OTHER AUTHORIZATIONS..... 1,600,696 1,500,696
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations 71,000 71,000
Facility.
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 67,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance 62,000 62,000
Hangar.
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano AB Aircraft Maintenance 34,000 34,000
Hangar.
Japan
Army Kadena Air Base Vehicle Maintenance Shop. 0 15,000
Kentucky
Army Fort Campbell General Purpose 51,000 51,000
Maintenance Shop.
Army Fort Campbell Automated Infantry 7,100 7,100
Platoon Battle Course.
Army Fort Campbell Easements................ 3,200 3,200
Massachusetts
Army Soldier Systems Center Human Engineering Lab.... 50,000 50,000
Natick
Michigan
Army Detroit Arsenal Substation............... 24,000 24,000
New York
Army Fort Drum Railhead................. 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility.......... 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 98,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 86,000
Depot (Machine Shop).
[[Page S4006]]
Army Fort Hood Vehicle Bridge........... 0 18,500
Army Fort Hood Barracks................. 32,000 32,000
Virginia
Army Fort Belvoir Secure Operations and 60,000 60,000
Admin Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Host Nation Support...... 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design...... 94,099 94,099
Locations
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
........................
SUBTOTAL ARMY 1,453,499 1,256,999
......................
NAVY
Arizona
Navy MCAS Yuma Bachelor Enlisted 0 99,600
Quarters--2+2
Replacement.
Navy Yuma Hangar 95 Renovation & 90,160 90,160
Addition.
Australia
Navy Darwin Aircraft Parking Apron... 0 50,000
Bahrain Island
Navy SW Asia Electrical System Upgrade 53,360 53,360
California
Navy Camp Pendleton I MEF Consolidated 113,869 23,000
Information Center.
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy China Lake Runway & Taxiway 64,500 64,500
Extension.
Navy Coronado Aircraft Paint Complex... 0 79,000
Navy Coronado Aircraft Paint Complex... 79,100 79,100
Navy Coronado Navy V-22 Hangar......... 86,830 86,830
Navy MCAS Miramar Child Development Center. 0 37,400
Navy MCRD San Diego PMO Facility Replacement. 0 9,900
Navy San Diego Pier 8 Replacement (Inc). 59,353 59,353
Navy Seal Beach Missile Magazines........ 0 28,000
Navy Seal Beach Ammunition Pier.......... 95,310 95,310
Navy Travis AFB Alert Force Complex...... 64,000 64,000
Connecticut
Navy New London SSN Berthing Pier 32..... 72,260 72,260
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 75,600
Operations Fac (Inc).
Florida
Navy Jacksonville Targeting & Surveillance 32,420 32,420
Syst Prod Supp Fac.
Navy MCSF Blount Island Police Station and EOC 0 18,700
Facility Replacement.
Guam
Navy Joint Region Marianas Machine Gun Range (Inc).. 91,287 91,287
Navy Joint Region Marianas Bachelor Enlisted 164,100 20,000
Quarters H.
Navy Joint Region Marianas EOD Compound Facilities.. 61,900 61,900
Hawaii
Navy Kaneohe Bay Bachelor Enlisted 134,050 39,000
Quarters.
Navy West Loch Magazine Consolidation, 53,790 53,790
Phase 1.
Italy
Navy Sigonella Communications Station... 77,400 77,400
Japan
Navy Iwakuni VTOL Pad--South.......... 15,870 15,870
Navy Yokosuka Pier 5 (Berths 2 and 3).. 174,692 110,000
North Carolina
Navy Camp Lejeune 2nd Radio BN Complex, 25,650 25,650
Phase 2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570
Facility Upgrades.
Navy Camp Lejeune 10th Marines Himars 35,110 35,110
Complex.
Navy Camp Lejeune II MEF Operations Center 122,200 122,200
Replacement.
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy MCAS Cherry Point Slocum Road Physical 0 52,300
Security Compliance.
Navy MCAS Cherry Point Aircraft Maintenance 73,970 73,970
Hangar (Inc).
Navy MCAS Cherry Point F-35 Training and 53,230 53,230
Simulator Facility.
Navy MCAS Cherry Point ATC Tower & Airfield 61,340 61,340
Operations.
Navy MCAS Cherry Point Flightline Utility 51,860 51,860
Modernization (Inc).
Navy New River CH-53K Cargo Loading 11,320 11,320
Trainer.
South Carolina
Navy MCRD Parris Island Range Safety Improvements 0 37,200
and Modernization Phase
III, Chosin Range.
Utah
Navy Hill AFB D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Portsmouth Dry Dock Flood Protection 48,930 48,930
Improvements.
Navy Quantico Wargaming Center......... 143,350 10,000
Navy Yorktown Nmc Ordnance Facilities 0 59,000
Recapitalization, Phase
1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Family Housing Mitigation 0 59,600
and Oversight.
Navy Unspecified Planning and Design...... 0 20,400
Navy Unspecified Planning and Design...... 0 8,000
[[Page S4007]]
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
Navy Unspecified Worldwide Planning and Design...... 167,715 167,715
Locations
........................
SUBTOTAL NAVY 2,805,743 2,884,782
......................
AIR FORCE
Alaska
Air Force Eielson AFB F-35 AME Storage Facility 8,600 8,600
Arkansas
Air Force Little Rock AFB C-130H/J Fuselage Trainer 47,000 47,000
Facility.
Australia
Air Force Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
Air Force Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
California
Air Force Travis AFB MMHS Allied Support...... 0 17,000
Air Force Travis AFB KC-46A Alter B181/B185/ 6,600 6,600
B187 Squad Ops/AMU.
Air Force Travis AFB KC-46A Regional 19,500 19,500
Maintenance Training
Facility.
Colorado
Air Force Peterson AFB SOCNORTH Theater 0 54,000
Operational Support
Facility.
Air Force Schriever AFB Consolidated Space 148,000 23,000
Operations Facility.
Cyprus
Air Force RAF Akrotiri New Dormitory for 1 ERS.. 27,000 27,000
Guam
Air Force Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
Air Force Scott AFB Joint Operations & 100,000 90,000
Mission Planning Center.
Japan
Air Force Kadena Air Base Munitions Storage........ 0 7,000
Air Force Misawa Air Base Fuel Infrastructure 0 5,300
Resiliency.
Air Force Yokota AB Fuel Receipt & 12,400 12,400
Distribution Upgrade.
Jordan
Air Force Azraq Air Traffic Control Tower 24,000 24,000
Air Force Azraq Munitions Storage Area... 42,000 42,000
Mariana Islands
Air Force Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000
Hydrant System.
Air Force Tinian Airfield Development 109,000 10,000
Phase 1.
Air Force Tinian Parking Apron............ 98,000 98,000
Maryland
Air Force Joint Base Andrews Presidential Aircraft 86,000 86,000
Recap Complex Inc 3.
Massachusetts
Air Force Hanscom AFB MIT-Lincoln Lab (West Lab 135,000 65,000
CSL/MIF) Inc 2.
Missouri
Air Force Whiteman AFB Consolidated Vehicle Ops 0 27,000
and MX Facility.
Montana
Air Force Malmstrom AFB Weapons Storage and 235,000 16,000
Maintenance Facility.
Nevada
Air Force Nellis AFB 365th ISR Group Facility. 57,000 57,000
Air Force Nellis AFB F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
Air Force Holloman AFB NC3 Support Wrm Storage/ 0 20,000
Shipping Facility.
Air Force Kirtland AFB Combat Rescue Helicopter 15,500 15,500
Simulator (CRH) ADAL.
Air Force Kirtland AFB UH-1 Replacement Facility 22,400 22,400
North Dakota
Air Force Minot AFB Helo/TRFOps/AMUFacility.. 5,500 5,500
Ohio
Air Force Wright-Patterson AFB ADAL Intelligence Prod. 120,900 74,000
Complex (NASIC) Inc 2.
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 8.. 110,000 17,000
Air Force Joint Base San Antonio Aquatics Tank............ 69,000 69,000
Air Force Joint Base San Antonio T-XA DAL Ground Based 9,300 9,300
Trng Sys (GBTS) Sim.
Air Force Joint Base San Antonio T-XMX Trng Sys 19,000 19,000
Centrailized Trng Fac.
United Kingdom
Air Force Royal Air Force F-35A PGM Facility....... 14,300 14,300
Lakenheath
Utah
Air Force Hill AFB GBSD Mission Integration 108,000 18,000
Facility.
Air Force Hill AFB Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
Air Force Fairchild AFB Consolidated TFI Base 31,000 31,000
Operations.
Worldwide Unspecified
Air Force Unspecified Conus Military Family Housing 0 31,200
Civilian Personnel.
Air Force Unspecified Worldwide Cost to Complete......... 0 190,000
Air Force Unspecified Worldwide Planning and Design...... 0 40,000
Air Force Various Worldwide Planning and Design...... 142,148 142,148
Locations
Air Force Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
Air Force F. E. Warren AFB Consolidated Helo/TRF Ops/ 18,100 18,100
AMU and Alert Fac.
........................
SUBTOTAL AIR FORCE 2,179,230 1,718,830
......................
DEFENSE-WIDE
California
Defense-Wide Beale AFB Hydrant Fuel System 33,700 33,700
Replacement.
Defense-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
[[Page S4008]]
Defense-Wide Mountain View--63 RSC Install Microgrid 0 9,700
Controller, 750 Kw PV,
and 750 Kwh Battery
Storage.
Defense-Wide NAWS China Lake Energy Storage System.... 0 8,950
Defense-Wide NSA Monterey Cogeneration Plant at 0 10,540
B236.
Conus Classified
Defense-Wide Classified Location Battalion Complex, Ph 3.. 82,200 82,200
Florida
Defense-Wide Eglin AFB SOF Combined Squadron Ops 16,500 16,500
Facility.
Defense-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Defense-Wide Hurlburt Field SOF AMU & Weapons Hangar. 72,923 72,923
Defense-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Defense-Wide Key West SOF Watercraft 16,000 16,000
Maintenance Facility.
Germany
Defense-Wide Geilenkirchen AB Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Defense-Wide Ramstein Landstuhl Elementary 0 66,800
School.
Guam
Defense-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Defense-Wide NB Guam NSA Andersen Smart Grid 0 16,970
and ICS Infrastructure.
Hawaii
Defense-Wide Joint Base Pearl Install 500kw Covered 0 4,000
Harbor-hickam (JBPHH) Parking PV System &
Electric Vehicle
Charging Stations B479.
Defense-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Defense-Wide Yokosuka Kinnick High School Inc 2 130,386 10,000
Defense-Wide Yokota AB Pacific East District 20,106 20,106
Superintendent's Office.
Defense-Wide Yokota AB Bulk Storage Tanks PH1... 116,305 21,000
Louisiana
Defense-Wide JRB NAS New Orleans Distribution Switchgear.. 0 5,340
Maryland
Defense-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 96,900
Hospital Incr 3.
Defense-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Defense-Wide Fort Meade NSAW Recapitalize 426,000 426,000
Building #3 Inc 2.
Defense-Wide NSA Bethesda Chiller 3-9 Replacement.. 0 13,840
Defense-Wide South Potomac IH Water Project--CBIRF/ 0 18,460
IHEODTD/Housing.
Mississippi
Defense-Wide Columbus AFB Fuel Facilities 16,800 16,800
Replacement.
Missouri
Defense-Wide Fort Leonard Wood Hospital Replacement Incr 50,000 50,000
2.
Defense-Wide St Louis Next NGA West (N2W) 218,800 153,000
Complex Phase 2 Inc. 2.
New Mexico
Defense-Wide White Sands Missile Install Microgrid, 700kw 0 5,800
Range PV, 150 Kw Generator,
and Batteries.
North Carolina
Defense-Wide Camp Lejeune SOF Marine Raider 13,400 13,400
Regiment HQ.
Defense-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Defense-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training
Complex.
Defense-Wide Fort Bragg SOF Operations Support 29,000 29,000
Bldg.
Oklahoma
Defense-Wide Tulsa IAP Fuels Storage Complex.... 18,900 18,900
Rhode Island
Defense-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Defense-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Defense-Wide Ellsworth AFB Hydrant Fuel System 24,800 24,800
Replacement.
Texas
Defense-Wide Camp Swift Install Microgrid, 650 Kw 0 4,500
PV, & 500 Kw Generator.
Defense-Wide Fort Hood Install a Central Energy 0 16,500
Plant.
Virginia
Defense-Wide Dam Neck SOF Demolition Training 12,770 12,770
Compound Expansion.
Defense-Wide Def Distribution Depot Operations Center Phase 2 98,800 98,800
Richmond
Defense-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Story
Defense-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Story
Defense-Wide NRO Headquarters Irrigation System Upgrade 0 66
Defense-Wide Pentagon Backup Generator......... 8,670 8,670
Defense-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Washington
Defense-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Defense-Wide Naval Base Kitsap Keyport Main Substation 0 23,670
Replacement.
Wisconsin
Defense-Wide Gen Mitchell IAP POL Facilities 25,900 25,900
Replacement.
Worldwide Classified
Defense-Wide Classified Location Mission Support Compound. 52,000 52,000
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Defense Community 0 100,000
Infrastructure Program.
Defense-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950
Locations Construction.
Defense-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 29,679 29,679
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 35,472 35,472
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464
Locations Construction.
Defense-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000
Locations Conserv. Invest. Prog..
Defense-Wide Unspecified Worldwide Contingency Construction. 10,000 10,000
Locations
Defense-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 14,400 14,400
Locations
Defense-Wide Unspecified Worldwide ERCIP Design............. 10,000 10,000
Locations
[[Page S4009]]
Defense-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 15,000 15,000
Locations
Defense-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Defense-Wide Unspecified Worldwide Planning and Design...... 4,890 4,890
Locations
Defense-Wide Various Worldwide Planning and Design...... 52,532 52,532
Locations
Defense-Wide Various Worldwide Planning and Design...... 27,000 27,000
Locations
Defense-Wide Various Worldwide Unspecified Minor 16,736 16,736
Locations Construction.
Defense-Wide Various Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Defense-Wide Various Worldwide Planning and Design...... 63,382 63,382
Locations
........................
SUBTOTAL DEFENSE-WIDE 2,504,190 2,527,835
......................
ARMY NATIONAL GUARD
Alabama
Army National Guard Anniston Enlisted Transient 0 34,000
Training Barracks.
Army National Guard Foley National Guard Readiness 12,000 12,000
Center.
California
Army National Guard Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army National Guard Orchard Training Area Railroad Tracks.......... 29,000 29,000
Maryland
Army National Guard Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army National Guard Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army National Guard New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army National Guard Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army National Guard Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army National Guard Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army National Guard Concord National Guard Readiness 5,950 5,950
Center.
New York
Army National Guard Jamaica Armory National Guard Readiness 0 20,000
Center.
Pennsylvania
Army National Guard Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army National Guard Camp Ethan Allen General Instruction 0 30,000
Building (Mountain
Warfare School).
Washington
Army National Guard Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army National Guard Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
Army National Guard Unspecified Worldwide Planning and Design...... 20,469 20,469
Locations
........................
SUBTOTAL ARMY NATIONAL GUARD 210,819 294,819
......................
AIR NATIONAL GUARD
California
Air National Guard Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base (NASA) Hangar and Shops.
Georgia
Air National Guard Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air National Guard Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air National Guard Luis Munoz-Marin IAP Communications Facility.. 12,500 12,500
Air National Guard Luis Munoz-Marin IAP Maintenance Hangar....... 37,500 37,500
Wisconsin
Air National Guard Truax Field F-35 Simulator Facility.. 14,000 14,000
Air National Guard Truax Field Fighter Alert Shelters... 20,000 20,000
Worldwide Unspecified
Air National Guard Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air National Guard Various Worldwide Planning and Design...... 17,000 17,000
Locations
........................
SUBTOTAL AIR NATIONAL GUARD 165,971 222,971
......................
ARMY RESERVE
Delaware
Army Reserve Dover AFB Army Reserve Center/BMA.. 21,000 21,000
Wisconsin
Army Reserve Fort McCoy Transient Training 25,000 25,000
Barracks.
Worldwide Unspecified
Army Reserve Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
Army Reserve Unspecified Worldwide Planning and Design...... 6,000 6,000
Locations
........................
SUBTOTAL ARMY RESERVE 60,928 60,928
......................
NAVY RESERVE
Louisiana
Navy Reserve New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
Navy Reserve Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
[[Page S4010]]
Navy Reserve Unspecified Worldwide Planning and Design...... 4,780 4,780
Locations
........................
SUBTOTAL NAVY RESERVE 54,955 54,955
......................
AIR FORCE RESERVE
Georgia
Air Force Reserve Robins AFB Consolidated Misssion 43,000 43,000
Complex Phase 3.
Minnesota
Air Force Reserve Minneapolis-St Paul Aerial Port Facility..... 0 9,800
IAP
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Planning and Design...... 4,604 4,604
Locations
Air Force Reserve Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
........................
SUBTOTAL AIR FORCE RESERVE 59,750 69,550
......................
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO Security Investment NATO Security NATO Security Investment 144,040 144,040
Program Investment Program Program.
........................
SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 144,040 144,040
......................
TOTAL MILITARY CONSTRUCTION 9,639,125 9,235,709
......................
FAMILY HOUSING
CONSTRUCTION, ARMY
Germany
Construction, Army Baumholder Family Housing 29,983 29,983
Improvements.
Korea
Construction, Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
Pennsylvania
Construction, Army Tobyhanna Army Depot Family Housing 19,000 19,000
Replacement Construction.
Worldwide Unspecified
Construction, Army Unspecified Worldwide Family Housing P & D..... 9,222 9,222
Locations
........................
SUBTOTAL CONSTRUCTION, ARMY 141,372 141,372
......................
O&M, ARMY
Worldwide Unspecified
O&M, Army Unspecified Worldwide Management............... 38,898 38,898
Locations
O&M, Army Unspecified Worldwide Services................. 10,156 10,156
Locations
O&M, Army Unspecified Worldwide Furnishings.............. 24,027 24,027
Locations
O&M, Army Unspecified Worldwide Miscellaneous............ 484 484
Locations
O&M, Army Unspecified Worldwide Maintenance.............. 81,065 81,065
Locations
O&M, Army Unspecified Worldwide Utilities................ 55,712 55,712
Locations
O&M, Army Unspecified Worldwide Leasing.................. 128,938 128,938
Locations
O&M, Army Unspecified Worldwide Housing Privitization 18,627 83,627
Locations Support.
........................
SUBTOTAL O&M, ARMY 357,907 422,907
......................
CONSTRUCTION, NAVY AND MARINE CORPS
Worldwide Unspecified
Construction, Navy and Unspecified Worldwide USMC DPRI/GUAM PLANNING 2,000 2,000
Marine Corps Locations AND DESIGN.
Construction, Navy and Unspecified Worldwide Construction Improvements 41,798 41,798
Marine Corps Locations
Construction, Navy and Unspecified Worldwide Planning & Design........ 3,863 3,863
Marine Corps Locations
........................
SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 47,661 47,661
......................
O&M, NAVY AND MARINE CORPS
Worldwide Unspecified
O&M, Navy and Marine Corps Unspecified Worldwide Utilities................ 63,229 63,229
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Furnishings.............. 19,009 19,009
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Management............... 50,122 50,122
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Miscellaneous............ 151 151
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Services................. 16,647 16,647
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Leasing.................. 64,126 64,126
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Maintenance.............. 82,611 82,611
Locations
O&M, Navy and Marine Corps Unspecified Worldwide Housing Privatization 21,975 102,975
Locations Support.
........................
SUBTOTAL O&M, NAVY AND MARINE CORPS 317,870 398,870
......................
CONSTRUCTION, AIR FORCE
[[Page S4011]]
Germany
Construction, Air Force Spangdahlem AB Construct Deficit 53,584 53,584
Military Family Housing.
Worldwide Unspecified
Construction, Air Force Unspecified Worldwide Construction Improvements 46,638 46,638
Locations
Construction, Air Force Unspecified Worldwide Planning & Design........ 3,409 3,409
Locations
........................
SUBTOTAL CONSTRUCTION, AIR FORCE 103,631 103,631
......................
O&M, AIR FORCE
Worldwide Unspecified
O&M, Air Force Unspecified Worldwide Housing Privatization.... 22,593 87,593
Locations
O&M, Air Force Unspecified Worldwide Utilities................ 42,732 42,732
Locations
O&M, Air Force Unspecified Worldwide Management............... 56,022 56,022
Locations
O&M, Air Force Unspecified Worldwide Services................. 7,770 7,770
Locations
O&M, Air Force Unspecified Worldwide Furnishings.............. 30,283 30,283
Locations
O&M, Air Force Unspecified Worldwide Miscellaneous............ 2,144 2,144
Locations
O&M, Air Force Unspecified Worldwide Leasing.................. 15,768 15,768
Locations
O&M, Air Force Unspecified Worldwide Maintenance.............. 117,704 117,704
Locations
........................
SUBTOTAL O&M, AIR FORCE 295,016 360,016
......................
O&M, DEFENSE-WIDE
Worldwide Unspecified
O&M, Defense-Wide Unspecified Worldwide Utilities................ 4,100 4,100
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 82 82
Locations
O&M, Defense-Wide Unspecified Worldwide Utilities................ 13 13
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing.................. 12,906 12,906
Locations
O&M, Defense-Wide Unspecified Worldwide Maintenance.............. 32 32
Locations
O&M, Defense-Wide Unspecified Worldwide Furnishings.............. 645 645
Locations
O&M, Defense-Wide Unspecified Worldwide Leasing.................. 39,222 39,222
Locations
........................
SUBTOTAL O&M, DEFENSE-WIDE 57,000 57,000
......................
IMPROVEMENT FUND
Worldwide Unspecified
Improvement Fund Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
........................
SUBTOTAL IMPROVEMENT FUND 3,045 3,045
......................
UNACCMP HSG IMPROVEMENT FUND
Worldwide Unspecified
Unaccmp HSG Improvement Unspecified Worldwide Administrative Expenses-- 500 500
Fund Locations UHIF.
........................
SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 500 500
......................
TOTAL FAMILY HOUSING 1,324,002 1,535,002
......................
DEFENSE BASE REALIGNMENT AND CLOSURE
ARMY BRAC
Worldwide Unspecified
Army BRAC Base Realignment & Base Realignment and 66,111 66,111
Closure, Army Closure.
........................
SUBTOTAL ARMY BRAC 66,111 66,111
......................
NAVY BRAC
Worldwide Unspecified
Navy BRAC Unspecified Worldwide Base Realignment & 158,349 158,349
Locations Closure.
........................
SUBTOTAL NAVY BRAC 158,349 158,349
......................
AIR FORCE BRAC
Worldwide Unspecified
Air Force BRAC Unspecified Worldwide DoD BRAC Activities--Air 54,066 54,066
Locations Force.
........................
SUBTOTAL AIR FORCE BRAC 54,066 54,066
......................
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 278,526 278,526
......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 11,241,653 11,049,237
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State or Country and FY 2020 Senate
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
MILITARY CONSTRUCTION
ARMY
[[Page S4012]]
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval OCO: Communications 22,000 22,000
Station Facility.
Army Guantanamo Bay Naval OCO: High Value Detention 88,500 0
Station Facility.
Army Guantanamo Bay Naval OCO: Detention Legal 11,800 11,800
Station Office and Comms Ctr.
Worldwide Unspecified
Army Unspecified Worldwide EDI: Bulk Fuel Storage.... 36,000 36,000
Locations
Army Unspecified Worldwide EDI: Information Systems 6,200 6,200
Locations Facility.
Army Unspecified Worldwide EDI/OCO Planning and 19,498 19,498
Locations Design.
Army Unspecified Worldwide EDI: Minor Construction... 5,220 5,220
Locations
Army Unspecified Worldwide Unspecified Worldwide 9,200,000 0
Locations Construction.
.........................
SUBTOTAL ARMY 9,389,218 100,718
.......................
NAVY
North Carolina
Navy Camp Lejeune 1/8 BN HQ Replacement..... 0 20,635
Navy Camp Lejeune 22nd, 24th and 26th MEU 0 31,110
Headquarters Replacement.
Navy Camp Lejeune 2D Tank BN/CO HQ and 0 30,154
Armory Replacement.
Navy Camp Lejeune 2D TSB HQ Replacement..... 0 17,413
Navy Camp Lejeune Bachelor Enlisted Quarters 0 62,104
Replacement.
Navy Camp Lejeune C-12W Aircraft Maintenance 0 36,295
Hangar Replacement.
Navy Camp Lejeune CLB Headquarters 0 24,788
Facilities Replacement.
Navy Camp Lejeune Courthouse Bay Fire 0 21,336
Station Replacement.
Navy Camp Lejeune Environmental Management 0 11,658
Division Replacement.
Navy Camp Lejeune Fire Station Replacement, 0 21,931
Hadnot Point.
Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023
Replacement.
Navy Camp Lejeune II MEF Simulation/Training 0 74,487
Center Replacement.
Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874
Replacement.
Navy Camp Lejeune LSSS Facility Replacement. 0 26,815
Navy Camp Lejeune MCAB HQ Replacement....... 0 30,109
Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617
Navy Camp Lejeune PMO/H&HS & MWHS-2 0 65,845
Headquarters Replacement.
Navy Camp Lejeune Replace NCIS Facilities... 0 22,594
Navy Camp Lejeune Replace Regimental 0 64,155
Headquarters 2DMARDIV.
Navy Camp Lejeune Replace WTBN Headquarters. 0 18,644
Navy MCAS Cherry Point BT-11 Range Operations 0 14,251
Center Replacement.
Navy MCAS Cherry Point Motor Transportation/ 0 32,785
Communication Shop
Replacement.
Navy MCAS Cherry Point Station Academic Facility/ 0 17,525
Auditorium Replacement.
Spain
Navy Rota EDI: Joint Mobility Center 46,840 46,840
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Planning & Design......... 0 50,000
Navy Unspecified Worldwide Planning and Design....... 25,000 25,000
Locations
.........................
SUBTOTAL NAVY 94,570 1,070,718
.......................
AIR FORCE
Florida
Air Force Tyndall AFB 53 WEG Hangar............. 0 96,000
Air Force Tyndall AFB 53 WEG HQ Facility........ 0 47,000
Air Force Tyndall AFB 53 WEG Subscale Drone 0 53,000
Facility.
Air Force Tyndall AFB ABM SIM................... 0 12,900
Air Force Tyndall AFB Aerospace & Operational 0 10,400
Physiology Facility.
Air Force Tyndall AFB AFCEC RDT&E Facilities and 0 195,000
Gate.
Air Force Tyndall AFB Aircraft Washrack......... 0 10,600
Air Force Tyndall AFB Civil Engineer Contracting 0 130,000
USACE Complex.
Air Force Tyndall AFB Crash Fire Rescue......... 0 17,200
Air Force Tyndall AFB Deployment Center / Flight 0 31,000
Line Dining / AAFES.
Air Force Tyndall AFB Emergency Management, EOC, 0 14,400
Alt CP.
Air Force Tyndall AFB Fire Station #2........... 0 11,000
Air Force Tyndall AFB Fire Station Silver Flag 0 5,900
#4.
Air Force Tyndall AFB FW AC Maintenance Fuel 0 28,000
Cell (Barn).
Air Force Tyndall AFB Logistics Readiness 0 102,000
Squadron Complex.
Air Force Tyndall AFB LRS Aircraft Parts & 0 29,000
Deployable Spares Storage
Facilities.
Air Force Tyndall AFB New Lodge Facilities...... 0 176,000
Air Force Tyndall AFB Operations Group/ 0 18,500
Maintenance Group HQ.
Air Force Tyndall AFB OSS / RAPCON Facility..... 0 51,000
Air Force Tyndall AFB Relocate F-22 Formal 0 150,000
Training Unit.
Air Force Tyndall AFB SFS Mobility Storage 0 2,800
Facility.
Air Force Tyndall AFB Silver Flag Facilities.... 0 35,000
Air Force Tyndall AFB Special Purpose Vehicle 0 14,000
Maintenance.
Air Force Tyndall AFB Tyndall AFB Gate Complexes 0 38,000
Iceland
Air Force Keflavik EDI-Expand Parking Apron.. 32,000 32,000
Air Force Keflavik EDI-Beddown Site Prep..... 7,000 7,000
Air Force Keflavik EDI-Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
Spain
Air Force Moron EDI-Hot Cargo Pad......... 8,500 8,500
Worldwide Unspecified
Air Force Unspecified Planning & Design......... 0 247,000
Air Force Unspecified Worldwide EDI-Hot Cargo Pad......... 29,000 29,000
Locations
[[Page S4013]]
Air Force Unspecified Worldwide EDI-MUNITIONS STORAGE AREA 39,000 39,000
Locations
Air Force Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS 107,000 107,000
Locations Storage.
Air Force Various Worldwide EDI-P&D................... 61,438 61,438
Locations
Air Force Various Worldwide EDI-UMMC.................. 12,800 12,800
Locations
.........................
SUBTOTAL AIR FORCE 314,738 1,840,438
.......................
DEFENSE-WIDE
Germany
Defense-Wide Gemersheim EDI: Logistics 46,000 46,000
Distribution Center Annex.
North Carolina
Defense-Wide Camp Lejeune Ambulatory Care Center 0 17,821
(Camp Geiger).
Defense-Wide Camp Lejeune Ambulatory Care Center 0 27,492
(Camp Johnson).
Defense-Wide Camp Lejeune Replace MARSOC ITC Team 0 30,000
Facility.
Worldwide Unspecified
Defense-Wide Unspecified Worldwide 2808 Replenishment Fund... 0 3,600,000
Locations
.........................
SUBTOTAL DEFENSE-WIDE 46,000 3,721,313
.......................
ARMY NATIONAL GUARD
Florida
Army National Guard Panama City National Guard Readiness 0 25,000
Center.
North Carolina
Army National Guard MTA Fort Fisher Administrative Building, 0 25,000
General Purpose.
.........................
SUBTOTAL ARMY NATIONAL GUARD 50,000
.......................
TOTAL MILITARY CONSTRUCTION 9,844,526 6,783,187
.......................
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 9,844,526 6,783,187
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Senate
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary by Appropriation
Energy and Water Development and Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear energy...................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Federal Salaries and Expenses..... 434,699 422,999
Weapons activities................ 12,408,603 12,478,403
Defense nuclear nonproliferation.. 1,993,302 1,964,202
Naval reactors.................... 1,648,396 1,648,396
Total, National nuclear security 16,485,000 16,514,000
administration.........................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,506,501 5,506,501
Other defense activities.......... 1,035,339 1,032,339
Defense nuclear waste disposal 26,000 0
(90M in 270 Energy)..............
Total, Environmental & other defense 6,567,840 6,538,840
activities.............................
Total, Atomic Energy Defense Activities. 23,052,840 23,052,840
Total, Discretionary Funding............ 23,190,648 23,190,648
Nuclear Energy
Idaho sitewide safeguards and security.. 137,808 137,808
Total, Nuclear Energy................... 137,808 137,808
Federal Salaries and Expenses
Program direction....................... 434,699 422,999
Alignment with FTEs authorized........ [-11,700]
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
[[Page S4014]]
B61 Life extension program.......... 792,611 792,611
W76 Life extension program.......... 0 0
W76-2 Modification program.......... 10,000 10,000
W88 Alteration program.............. 304,186 304,186
W80-4 Life extension program........ 898,551 898,551
IW1................................. 0 0
W87-1 Modification Program (formerly 112,011 112,011
IW1)...............................
Total, Life extension programs and major 2,117,359 2,117,359
alterations............................
Stockpile systems
B61 Stockpile systems............... 71,232 71,232
W76 Stockpile systems............... 89,804 89,804
W78 Stockpile systems............... 81,299 81,299
W80 Stockpile systems............... 85,811 85,811
B83 Stockpile systems............... 51,543 51,543
W87 Stockpile systems............... 98,262 98,262
W88 Stockpile systems............... 157,815 157,815
Total, Stockpile systems................ 635,766 635,766
Weapons dismantlement and disposition
Operations and maintenance.......... 47,500 47,500
Stockpile services
Production support.................. 543,964 543,964
Research and development support.... 39,339 40,339
UFR list--technology maturation... [1,000]
R&D certification and safety........ 236,235 246,235
UFR list--technology maturation... [10,000]
Management, technology, and 305,000 305,000
production.........................
Total, Stockpile services............... 1,124,538 1,135,538
Strategic materials
Uranium sustainment................. 94,146 94,146
Plutonium sustainment............... 0 0
Plutonium sustainment:
Plutonium sustainment............. 691,284 691,284
Plutonium pit production project.. 21,156 21,156
Total, Plutonium sustainment:........... 712,440 712,440
Tritium sustainment................. 269,000 269,000
Domestic uranium enrichment......... 140,000 140,000
Lithium sustainment................. 28,800 28,800
Strategic materials sustainment..... 256,808 256,808
Total, Strategic materials.............. 1,501,194 1,501,194
Total, Directed stockpile work.......... 5,426,357 5,437,357
Research, development, test, and
evaluation (RDT&E)
Science
Advanced certification.............. 57,710 57,710
Primary assessment technologies..... 95,169 95,169
Dynamic materials properties........ 133,800 133,800
Advanced radiography................ 32,544 32,544
Secondary assessment technologies... 77,553 77,553
Academic alliances and partnerships. 44,625 44,625
Enhanced Capabilities for 145,160 145,160
Subcritical Experiments............
Total, Science.......................... 586,561 586,561
Engineering
Enhanced surety..................... 46,500 54,500
UFR list--technology maturation... [8,000]
Weapon systems engineering 0 0
assessment technology..............
Delivery environments (formerly 35,945 35,945
Weapon systems engineering
assessment technology).............
Nuclear survivability............... 53,932 53,932
Enhanced surveillance............... 57,747 57,747
Stockpile Responsiveness............ 39,830 80,630
Program expansion................. [40,800]
Total, Engineering...................... 233,954 282,754
Inertial confinement fusion ignition
and high yield
Ignition and other stockpile 55,649 55,649
programs...........................
Ignition............................ 0 0
Support of other stockpile programs. 0 0
[[Page S4015]]
Diagnostics, cryogenics and 66,128 66,128
experimental support...............
Pulsed power inertial confinement 8,571 8,571
fusion.............................
Joint program in high energy density 12,000 12,000
laboratory plasmas.................
Facility operations and target 338,247 338,247
production.........................
Total, Inertial confinement fusion and 480,595 480,595
high yield.............................
Advanced simulation and computing
Advanced simulation and computing... 789,849 789,849
Construction:
18-D-670, Exascale Class Computer 0 0
Cooling Equipment, LANL..........
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL.............................
Total, Construction..................... 50,000 50,000
Total, Advanced simulation and computing 839,849 839,849
Advanced manufacturing development
Additive manufacturing.............. 18,500 18,500
Component manufacturing development. 48,410 58,410
UFR list--technology maturation... [10,000]
Process technology development...... 69,998 69,998
Total, Advanced manufacturing 136,908 146,908
development............................
Total, RDT&E............................ 2,277,867 2,336,667
Infrastructure and operations
Operating
Operations of facilities
Operations of facilities.......... 905,000 905,000
Safety and environmental operations. 119,000 119,000
Maintenance and repair of facilities 456,000 456,000
Recapitalization
Infrastructure and safety......... 447,657 447,657
Capability based investments...... 135,341 135,341
Total, Recapitalization................. 582,998 582,998
Total, Operating....................... 2,062,998 2,062,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS...........
18-D-660, Fire Station, Y-12........ 0 0
18-D-650, Tritium Production 27,000 27,000
Capability, SRS....................
18-D-680, Materials staging 0 0
facility, PX.......................
18-D-690, Lithium production 0 0
capability, Y-12...................
18-D-690, Lithium processing 32,000 32,000
facility, Y-12 (formerly Lithium
production capability).............
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS......................
17-D-630, Expand Electrical 0 0
Distribution System, LLNL..........
16-D-515, Albuquerque complex 0 0
project............................
15-D-613, Emergency Operations 0 0
Center, Y-12.......................
15-D-612, Emergency Operations 5,000 5,000
Center, LLNL.......................
15-D-611, Emergency Operations 4,000 4,000
Center, SNL........................
15-D-301 HE Science & Engineering 123,000 123,000
Facility, PX.......................
07-D-220, Radioactive liquid waste 0 0
treatment facility upgrade project,
LANL...............................
07-D-220-04, Transuranic liquid 0 0
waste facility, LANL...............
06-D-141, Uranium processing 745,000 745,000
facility Y-12, Oak Ridge, TN.......
Chemistry and metallurgy research
replacement (CMRR)
04-D-125, Chemistry and metallurgy 168,444 168,444
research replacement project,
LANL.............................
04-D-125-04, RLUOB equipment 0 0
installation.....................
04-D-125-05, PF -4 equipment 0 0
installation.....................
Total, Chemistry and metallurgy research 168,444 168,444
replacement (CMRR).....................
Total, Construction..................... 1,145,444 1,145,444
Total, Infrastructure and operations.... 3,208,442 3,208,442
Secure transportation asset
Operations and equipment.............. 209,502 209,502
Program direction..................... 107,660 107,660
Total, Secure transportation asset...... 317,162 317,162
Defense nuclear security................ 0
Operations and maintenance............ 778,213 778,213
Security improvements program......... 0 0
Construction:......................... 0
17-D-710, West end protected area 0 0
reduction project, Y-12............
Total, Defense nuclear security......... 778,213 778,213
[[Page S4016]]
Information technology and cybersecurity 309,362 309,362
Legacy contractor pensions.............. 91,200 91,200
Subtotal, Weapons activities............ 12,408,603 12,478,403
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Total, Weapons Activities............... 12,408,603 12,478,403
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Material management and minimization
HEU reactor conversion.............. 114,000 114,000
Nuclear material removal............ 32,925 32,925
Material disposition................ 186,608 186,608
Laboratory and partnership support.. 0 0
Total, Material management & 333,533 333,533
minimization...........................
Global material security
International nuclear security...... 48,839 48,839
Domestic radiological security...... 90,513 90,513
International radiological security. 60,827 60,827
Nuclear smuggling detection and 142,171 142,171
deterrence.........................
Total, Global material security......... 342,350 342,350
Nonproliferation and arms control..... 137,267 137,267
Defense nuclear nonproliferation R&D
Proliferation detection............. 304,040 284,540
Nonproliferation Stewardship [-19,500]
program strategic plan...........
Nuclear detonation detection........ 191,317 191,317
Nonproliferation fuels development.. 0 0
Total, Defense Nuclear Nonproliferation 495,357 475,857
R&D....................................
Nonproliferation construction
U. S. Construction:
18-D-150 Surplus Plutonium 79,000 79,000
Disposition Project..............
99-D-143, Mixed Oxide (MOX) Fuel 220,000 220,000
Fabrication Facility, SRS........
Total, U. S. Construction:.............. 299,000 299,000
Total, Nonproliferation construction.... 299,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 1,588,007
Programs...............................
Legacy contractor pensions.............. 13,700 13,700
Nuclear counterterrorism and incident
response program
Nuclear counterterrorism and incident 0 0
response.............................
Emergency Operations.................. 35,545 25,945
Non-defense function realignment.... [-9,600]
Counterterrorism and 336,550 336,550
Counterproliferation.................
Total, Nuclear counterterrorism and
incident response
program................................. 372,095 362,495
Subtotal, Defense Nuclear 1,993,302 1,964,202
Nonproliferation.......................
Adjustments
Use of prior year balances............ 0 0
Total, Adjustments...................... 0 0
Subtotal, Defense Nuclear 1,993,302 1,964,202
Nonproliferation.......................
Rescission
Rescission of prior year balances..... 0 0
Rescission of prior year balances 0 0
(Gen. Prov.).........................
Total, Defense Nuclear Nonproliferation. 1,993,302 1,964,202
Naval Reactors
Naval reactors development.............. 531,205 531,205
Columbia-Class reactor systems 75,500 75,500
development............................
S8G Prototype refueling................. 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure.........................
Program direction....................... 50,500 50,500
Construction:
20-D-931, KL Fuel development 23,700 23,700
laboratory...........................
19-D-930, KS Overhead Piping.......... 20,900 20,900
17-D-911, BL Fire System Upgrade...... 0 0
15-D-904, NRF Overpack Storage 0 0
Expansion 3..........................
15-D-903, KL Fire System Upgrade...... 0 0
[[Page S4017]]
14-D-901, Spent fuel handling 238,000 238,000
recapitalization project, NRF........
Total, Construction..................... 282,600 282,600
Transfer to NE--Advanced Test Reactor ( 0) ( 0)
(non-add)..............................
Total, Naval Reactors................... 1,648,396 1,648,396
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup
operations:
River corridor and other cleanup 139,750 139,750
operations.........................
Central plateau remediation:
Central plateau remediation......... 472,949 472,949
Total, Central plateau remediation...... 472,949 472,949
Richland community and regulatory 5,121 5,121
support..............................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage....................
Total, Construction..................... 11,000 11,000
Total, Richland......................... 628,820 628,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning........................
Rad liquid tank waste stabilization 677,460 677,460
and disposition......................
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant -LBL/Direct
feed LAW.........................
15-D-409 Low activity waste 0 0
pretreatment system, ORP.........
01-D-16 D, High-level waste 30,000 30,000
facility.........................
01-D-16 E, Pretreatment Facility.. 20,000 20,000
Total, Construction..................... 690,000 690,000
ORP Low-level waste offsite disposal.. 10,000 10,000
Total, Office of River protection....... 1,392,460 1,392,460
Idaho National Laboratory:
Idaho cleanup and waste disposition... 331,354 331,354
ID Excess facilities R&D.............. 0 0
Idaho community and regulatory support 3,500 3,500
Total, Idaho National Laboratory........ 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,727 1,727
LLNL Excess facilities R&D............ 128,000 128,000
Nuclear facility D & D Separations 15,300 15,300
Process Research Unit................
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 2,652 2,652
Los Alamos National Laboratory........ 195,462 195,462
Total, NNSA sites and Nevada off-sites.. 403,878 403,878
Oak Ridge Reservation:
OR Nuclear facility D & D............. 93,693 93,693
OR Excess facilities R&D.............. 0 0
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and waste disposition.... 82,000 82,000
Subtotal, OR cleanup and waste 82,000 82,000
disposition............................
Construction:
17-D-401 On-site waste disposal 15,269 15,269
facility.........................
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility...............
Total, Construction..................... 64,269 64,269
Total, OR cleanup and waste disposition. 146,269 146,269
OR community & regulatory support..... 4,819 4,819
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 292,781 292,781
Savannah River Sites:
Savannah River risk management
operations:
Savannah River risk management 490,613 490,613
operations.........................
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center Replacement, SR...........
Total, Savannah River risk management 497,405 497,405
operations.............................
[[Page S4018]]
SR community and regulatory support... 4,749 4,749
Radioactive liquid tank waste:
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition......
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).....
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12......................
19-D-701 SR Security system 0 0
replacement......................
18-D-402,Saltstone disposal unit 51,750 51,750
#8/9.............................
17-D-402--Saltstone Disposal Unit 40,034 40,034
#7...............................
05-D-405 Salt waste processing 20,988 20,988
facility, SRS....................
Total, Construction..................... 163,272 163,272
Total, Radioactive liquid tank waste.... 960,978 960,978
Total, Savannah River Site.............. 1,463,132 1,463,132
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 34,500 34,500
Total, Construction..................... 92,554 92,554
Total, Waste Isolation Pilot Plant...... 391,642 391,642
Program direction....................... 278,908 278,908
Program support......................... 12,979 12,979
Safeguards and Security................. 317,622 317,622
Technology development.................. 0 0
Use of prior year balances.............. 0 0
Subtotal, Defense environmental cleanup. 5,522,063 5,522,063
Rescission:
Rescission of prior year balances..... -15,562 -15,562
Rescission of prior year balances 0 0
(Gen. Prov.).........................
Total, Defense Environmental Cleanup.... 5,506,501 5,506,501
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 139,628 139,628
security.............................
Program direction..................... 72,881 72,881
Total, Environment, Health, safety and 212,509 212,509
security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,068 24,068
Program direction..................... 57,211 54,211
Non-defense function realignment.... [-3,000]
Total, Independent enterprise 81,279 78,279
assessments............................
Specialized security activities......... 254,578 254,578
Office of Legacy Management
Legacy management..................... 283,767 283,767
Program direction..................... 19,262 19,262
Total, Office of Legacy Management...... 303,029 303,029
Defense related administrative support
Chief financial officer............... 54,538 54,538
Chief information officer............. 124,554 124,554
Total, Defense related administrative 179,092 179,092
support................................
Office of hearings and appeals.......... 4,852 4,852
Subtotal, Other defense activities...... 1,035,339 1,032,339
Use of prior year balances (HA)......... 0 0
Total, Other Defense Activities......... 1,035,339 1,032,339
Defense Nuclear Waste Disposal
Yucca mountain and interim storage...... 26,000 0
Total, Defense Nuclear Waste............ 26,000 0
------------------------------------------------------------------------
[[Page S4019]]
DIVISION E--ADDITIONAL PROVISIONS
TITLE LI--PROCUREMENT
SEC. 5101. BRIEFING ON PLANS TO INCREASE READINESS OF B-1
BOMBER AIRCRAFT.
(a) In General.--Not later than January 31, 2020, the
Secretary of the Air Force shall provide the congressional
defense committees a briefing on the Air Force's plans to
increase the readiness of the B-1 bomber aircraft.
(b) Elements.--The briefing required under subsection (a)
shall include the following elements:
(1) A description of aircraft structural issues.
(2) A plan for continued structural deficiency data
analysis and training.
(3) Projected repair timelines.
(4) Future mitigation strategies.
(5) An aircrew maintainer training plan, including a plan
to ensure that the training pipeline remains steady, for any
degradation period.
(6) A recovery timeline to meet future deployment tasking.
(7) A plan for continued upgrades and improvements.
SEC. 5126. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
LITTORAL COMBAT SHIP.
(a) Limitation.--The text of subsection (a) of section 126
is hereby deemed to read as follows:
``(a) Limitations.--None of the funds authorized to be
appropriated by this Act for fiscal year 2020 for the
Department of Defense may be used to exceed, and the
Department may not otherwise exceed, the total procurement
quantity of thirty-five Littoral Combat Ships, unless the
Under Secretary of Defense for Acquisition and Sustainment
submits to the congressional defense committees the
certifications described in subsection (b).''.
(b) Definition.--Subsection (c) of section 126 shall have
no force or effect.
SEC. 5151. LIMITATION ON AVAILABILITY OF FUNDS FOR
COMMUNICATIONS SYSTEMS LACKING CERTAIN
RESILIENCY FEATURES.
The text of subsection (a) of section 151 preceding
paragraph (1) is hereby deemed to read as follows:
``(a) In General.--Except as provided under subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2020 for the Department of Defense may be
used for the procurement of a current or future Department of
Defense communications program of records, and the Department
may not otherwise procure a current or future communications
program of record, unless the communications equipment--''.
TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 5201. ENERGETICS PLAN.
(a) Plan Required.--The Under Secretary of Defense for
Research and Engineering shall, in coordination with the
technical directors at defense laboratories and such other
officials as the Under Secretary considers appropriate,
develop an energetics research and development plan to ensure
a long-term multi-domain research, development, prototyping,
and experimentation effort that--
(1) maintains United States technological superiority in
energetics technology critical to national security;
(2) efficiently develops new energetics technologies and
transitions them into operational use, as appropriate; and
(3) maintains a robust industrial base and workforce to
support Department of Defense requirements for energetic
materials.
(b) Briefing.--Not later than one year after the date of
the enactment of this Act, the Under Secretary shall brief
the congressional defense committees on the plan developed
under subsection (a).
SEC. 5202. AMENDMENTS TO RESEARCH PROJECT TRANSACTION
AUTHORITIES TO ELIMINATE COST-SHARING
REQUIREMENTS AND REDUCE BURDENS ON USE.
(a) Cooperative Agreements for Research Projects.--Section
2371(e) of title 10, United States Code, is amended--
(1) by striking paragraph (2);
(2) by striking paragraph (1)(B);
(3) in paragraph (1)(A), by striking ``; and'' and
inserting a period; and
(4) by striking ``(e) Conditions.--(1) The Secretary of
Defense'' and all that follows through ``(A) to the maximum
extent practicable'' and inserting ``(e) Conditions.--The
Secretary of Defense, to the maximum extent practicable''.
(b) Conforming Amendment.--Section 2371b(b) of title 10,
United States Code, is amended by striking ``(b) Exercise of
Authority.--'' and all that follows through ``(2) To the
maximum extent practicable'' and inserting ``(b) Exercise of
Authority.--To the maximum extent practicable''.
SEC. 5203. COMPARATIVE CAPABILITIES OF ADVERSARIES IN
ARTIFICIAL INTELLIGENCE.
(a) Expansion of Duties of Official With Principal
Responsibility for Coordination of Activities Relating to
Development and Demonstration of Artificial Intelligence.--
Section 238(c)(2)(I) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) that appropriate entities in the Department are
reviewing all open sources publications from both the United
States and outside the United States that contribute, impact,
or advance artificial intelligence research and
development.''.
(b) Analysis of Comparative Capabilities of China in
Artificial Intelligence.--The Secretary of Defense shall
provide the congressional defense committees with an analysis
and briefing that includes the following:
(1) A comprehensive and national-level--
(A) comparison of public and private investment
differentiated by sector and industry;
(B) review of current trends in ability to set and
determine global standards and norms for artificial
intelligence technology in national security, including
efforts in international standard setting bodies;
(C) assessment of access to artificial intelligence
technology in national security; and
(D) assessment of areas and activities in which the Unites
States should invest in order to provide the United States
with technical superiority over China in relevant areas of
artificial intelligence.
(2) A comprehensive assessment of relative technical
quality of activities in the United States and China.
(3) A comprehensive assessment of the likelihood that
developments in artificial intelligence will successfully
transition into military systems of China.
(4) Predicted effects on United States national security if
current trends in China and the United States continue.
(5) Predicted effects of current trends on digital and
technology export relationships of both countries with
existing and new trading partners.
(6) Assessment of the relationships that are critical and
in need of development in both private and public sector to
ensure investment in artificial intelligence to keep pace
with current global trends.
SEC. 5204. ADDITIONAL AMOUNTS FOR RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION.
(a) Additional Amount for Workforce Transformation Cyber
Initiative Pilot Program.--The amount authorized to be
appropriated for fiscal year 2020 by section 201 for
research, development, test, and evaluation is hereby
increased by $25,000,000, with the amount of the increase to
be available for Information Systems Security Program (PE
0303140D8Z) for the National Security Agency National
Cryptologic School for cybersecurity and artificial
intelligence curriculum development and establishment of a
pilot program to enable workforce transformation certificate-
based courses that are developed through this effort and then
offered by Center of Academic Excellence Universities.
(b) Additional Amount for Research on Advanced Digital
Radar Systems.--The amount authorized to be appropriated for
fiscal year 2020 by section 201 for Navy research,
development, test, and evaluation is hereby increased by
$5,000,000, with the amount of the increase to be available
for University Research Initiatives (PE 0601103N) for
continued research on advanced digital radar systems to meet
the evolving goals of the Department of Defense to improve
threat detection at greater stand-off distances.
(c) Offset.--The amount authorized to be appropriated for
fiscal year 2020 by section 1405 for Defense Health Program
is hereby decreased by $30,000,000, with the amount of the
decrease to be taken from the amount made available for
procurement of the Department of Defense Healthcare
Management System Modernization.
SEC. 5205. BRIEFING ON EXPLAINABLE ARTIFICIAL INTELLIGENCE.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
development and applications of explainable artificial
intelligence.
(b) Elements.--The briefing required under subsection (a)
shall address the following:
(1) The extent to which the Department of Defense currently
uses and prioritizes explainable artificial intelligence.
(2) The limitations of explainable artificial intelligence
and the plans of the Department to address those limitations.
(3) The future plans of the Department to require
explainable artificial intelligence, particularly in
technologies that have warfighting applications.
(4) Any potential roadblocks to the effective deployment of
explainable artificial intelligence across the Department.
(5) Identification and description of programs and
activities, including funding and schedule, to develop or
procure explainable artificial intelligence to meet defense
requirements and technology development goals.
(6) Such other matters as the Secretary considers
appropriate.
(c) Form of Briefing.--The briefing required under
subsection (a) shall be provided in unclassified form, but
may include a classified supplement.
(d) Definition of Explainable Artificial Intelligence.--In
this section, the term `` explainable artificial
intelligence'' means artificial intelligence that has the
ability to demonstrate the rationale behind its decisions in
order for its human user to comprehend and characterize the
strengths and
[[Page S4020]]
weaknesses of its decisionmaking process, as well as
understand how it will behave in the future in the contexts
in which it is used.
SEC. 5206. ADMINISTRATION OF CENTERS FOR MANUFACTURING
INNOVATION FUNDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall make such
changes to the administration of covered centers so as--
(1) to encourage covered centers to leverage existing
workforce development programs across the Federal Government
and State governments in order to build successful workforce
development programs;
(2) to develop metrics to evaluate the workforce
development performed by the covered centers, including
metrics on job quality, career pathways, wages and benefits,
and efforts to support veterans, and progress in aligning
workforce skillsets with the current and long-term needs of
the Department of Defense and the defense industrial base;
(3) to allow metrics to vary between covered centers and be
updated and evaluated continuously in order to more
accurately evaluate covered centers with different goals and
missions;
(4) to encourage covered centers to consider developing
technologies that were previously funded by Federal
Government investment for early-stage research and
development and expand cross-government coordination and
collaboration to achieve this goal;
(5) to provide an opportunity for increased Department of
Defense input and oversight from senior-level military and
civilian personnel on future technology roadmaps produced by
covered centers;
(6) to reduce the barriers to collaboration between and
among multiple covered centers;
(7) to use contracting vehicles that can increase
flexibility, reduce barriers for contracting with subject-
matter experts and small and medium enterprises, enhance
partnerships between covered centers, and reduce the time to
award contracts at covered centers; and
(8) to overcome barriers to the adoption of manufacturing
processes and technologies developed by the covered centers
by the defense and commercial industrial base, particularly
small and medium enterprises, by engaging with public and
private sector partnerships and appropriate government
programs and activities, including the Hollings Manufacturing
Extension Partnership.
(b) Coordination With Other Activities.--The Secretary
shall carry out this section in coordination with activities
undertaken under--
(1) the Manufacturing Technology Program established under
section 2521 of title 10, United States Code;
(2) the Manufacturing Engineering Education Program
established under section 2196 of such title;
(3) the Defense Manufacturing Community Support Program
established under section 846 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232);
(4) manufacturing initiatives of the Secretary of Commerce,
the head of the National Office of the Network for
Manufacturing Innovation Program, the Secretary of Energy,
and such other government and private sector organizations as
the Secretary of Defense considers appropriate; and
(5) such other activities as the Secretary considers
appropriate.
(c) Definition of Covered Center.--In this section, the
term ``covered center'' means a manufacturing innovation
institute that is funded by the Department of Defense.
SEC. 5207. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST
PRACTICES FOR DEPARTMENT OF DEFENSE WARFIGHTING
SYSTEMS.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report on commercial edge
computing technologies and best practices for Department of
Defense warfighting systems.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of initial warfighting system programs
of record that will benefit most from accelerated insertion
of commercial edge computing technologies and best practices,
resulting in significant near-term improvement in system
performance and mission capability.
(2) The plan of the Department of Defense to provide
additional funding for the systems identified in paragraph
(1) to achieve fielding of accelerated commercial edge
computing technologies before or during fiscal year 2021.
(3) The plan of the Department to identify, manage, and
provide additional funding for commercial edge computing
technologies more broadly over the next four fiscal years
where appropriate for--
(A) command, control, communications, and intelligence
systems;
(B) logistics systems; and
(C) other mission-critical systems.
(4) A detailed description of the policies, procedures,
budgets, and accelerated acquisition and contracting
mechanisms of the Department for near-term insertion of
commercial edge computing technologies and best practices
into military mission-critical systems.
SEC. 5211. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE
SECURE, LOW PROBABILITY OF DETECTION DATA LINK
NETWORK CAPABILITY.
The text of subsection (c) of section 211 is hereby deemed
to read as follows:
``(c) Limitation.--Of the funds authorized to be
appropriated by this Act for fiscal year 2020 for operation
and maintenance for the Office of the Secretary of the Air
Force and for operation 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 the
Chief of Naval Operations, respectively, submit the
development and acquisition strategy required by subsection
(a).''.
SEC. 5213. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION
CAPABILITY INCREMENT 2 ENDURING CAPABILITY.
The text of subsection (a) of section 213 preceding
paragraph (1) is hereby deemed to read as follows:
``(a) Limitation and Report.--None of the funds authorized
to be appropriated by this Act for fiscal year 2020 for the
Army may be obligated or expended for research, development,
test, or evaluation for the Indirect Fire Protection
Capability Increment 2 enduring capability, and the
Department may not otherwise engage in the research,
development, test, or evaluation on such 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:''.
TITLE LIII--OPERATION AND MAINTENANCE
SEC. 5301. LIFE CYCLE SUSTAINMENT BUDGET EXHIBIT FOR MAJOR
WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall update the
Financial Management Regulation of the Department of Defense
to ensure that a PB-60 or similar life cycle sustainment
budget exhibit is prepared for each major weapon system of
the Department by the Secretary of the military department
concerned.
(b) Elements of Budget Exhibits.--The Secretary of Defense
shall ensure that each budget exhibit described in subsection
(a)--
(1) identifies a goal for material availability, material
reliability, and mean down time metrics for each weapons
system and includes an explanation of factors that may
preclude the Secretary of the military department concerned
from meeting that goal; and
(2) reflects the period covered by the future-years defense
program specified by section 221 of title 10, United States
Code, with respect to the budget for which the budget exhibit
is prepared.
(c) Inclusion in Budget Submittal.--The Secretary of
Defense shall include the budget exhibits required under
subsection (a) with the budget request submitted by the
President to Congress under section 1105(a) of title 31,
United State Code, for fiscal year 2021 and each year
thereafter.
SEC. 5302. SENSE OF SENATE ON PRIORITIZING SURVIVABLE
LOGISTICS FOR THE DEPARTMENT OF DEFENSE.
It is the sense of the Senate that--
(1) resilient and agile logistics are necessary to
implement the 2018 National Defense Strategy because it
enables the United States to project power and sustain the
fight against its strategic competitors in peacetime and
during war;
(2) the joint logistics enterprise of the Armed Forces of
the United States faces high-end threats from strategic
competitors China, Russia, and Iran, all of whom have
invested in anti-access area denial capabilities and gray
zone tactics;
(3) there are significant logistics shortfalls, as outlined
in the November 2018 final report of the Defense Science
Board (DSB) Task Force on Survivable Logistics, which, if
left unaddressed, would hamper the readiness and ability of
the Armed Forces of the United States to conduct operations
globally;
(4) since the military departments have not shown a strong
commitment to funding logistics, the Secretary of Defense
should review the full list of recommendations listed in the
report described in paragraph (3) and address the chronic
underfunding of logistics relative to other priorities of the
Department of Defense.
SEC. 5303. PLAN ON SUSTAINMENT OF ROUGH TERRAIN CONTAINER
HANDLER FLEETS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Army and the Secretary of the
Navy shall--
(1) jointly develop plans for sustainment of their
respective RT240 Rough Terrain Container Handler (RTCH)
fleets to ensure operational capability of such fleets into
the 2030s;
(2) assess available modernization capabilities to enhance
joint deployment of such fleets; and
(3) provide a joint briefing to the Committees on Armed
Services of the Senate and the House of Representatives on
the readiness of such fleets.
SEC. 5304. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE
PROFICIENCY IN READINESS REPORTING SYSTEMS OF
DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense and the Secretary of each
military department shall include in the Global Readiness and
Force Management Enterprise, for the appropriate billets with
relevant foreign
[[Page S4021]]
language requirements, measures of foreign language
proficiency as a mandatory element of unit readiness
reporting, to include the Defense Readiness Reporting
Systems-Strategic (DRRS-S) and all other subordinate systems
that report readiness data.
SEC. 5305. MONITORING OF NOISE FROM FLIGHTS AND TRAINING OF
EA-18G GROWLERS ASSOCIATED WITH NAVAL AIR
STATION WHIDBEY ISLAND.
(a) Monitoring.--
(1) In general.--The Secretary of Defense shall provide for
real-time monitoring of noise from local flights of EA-18G
Growlers associated with Naval Air Station Whidbey Island,
including field carrier landing practice at Naval Outlying
Field (OLF) Coupeville and Ault Field.
(2) Public availability.--The Secretary shall publish the
results of monitoring conducted under paragraph (1) on a
publicly available Internet website of the Department of
Defense.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the progress of monitoring
conducted under paragraph (1) and the results of such
monitoring.
(b) Plan for Additional Monitoring.--
(1) In general.--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 plan for real-time monitoring
described in subsection (a)(1) of noise relating to field
carrier landing practice conducted above or adjacent to
Olympic National Park, Olympic National Forest, and Ebey's
Landing National Historical Reserve.
(2) Development of plan.--The Secretary shall work with the
Director of the National Park Service and the Chief of the
Forest Service in developing the plan under paragraph (1).
(c) Funding.--
(1) In general.--The amount authorized to be appropriated
by this Act for Navy Operation and Maintenance is hereby
increased by $1,000,000 and the amount of such increase shall
be made available to carry out this section.
(2) Offset.--The amount authorized to be appropriated by
this Act for Marine Corps Operation and Maintenance for SAG
4A4G is hereby reduced by $1,000,000.
SEC. 5306. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR
FORCE BASE.
It is the sense of Congress that the Secretary of the Air
Force should--
(1) restore Tyndall Air Force Base to achieve military
installation resilience, as defined in section 101(e)(8) of
title 10, United States Code; and
(2) use innovative construction methods, materials,
designs, and technologies in carrying out such restoration in
order to achieve efficiencies, cost savings, resiliency, and
capability, which may include--
(A) open architecture design to evolve with the national
defense strategy; and
(B) efficient ergonomic enterprise for members of the Air
Force in the 21st century.
SEC. 5318. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS
CONTAMINATION BY PERFLUORALKYL AND
POLYFLRUOROALKYL SUBSTANCES.
The text of section 318(a) is hereby deemed to include at
the end the following:
``(3) Other authority.--In addition to the requirements
under paragraph (1), when otherwise authorized to expend
funds for the purpose of addressing ground or surface water
contaminated by a perfluorinated compound, the Secretary of
Defense may, to expend those funds, enter into a grant
agreement, cooperative agreement, or contract with--
``(A) the local water authority with jurisdiction over the
contamination site, including--
``(i) a public water system (as defined in section 1401 of
the Safe Drinking Water Act (42 U.S.C. 300f)); and
``(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
``(B) a State, local, or Tribal government.''.
SEC. 5352. LIMITATION ON USE OF FUNDS REGARDING THE BASING OF
KC-46A AIRCRAFT OUTSIDE THE CONTINENTAL UNITED
STATES.
The text of subsection (b) of section 352 is hereby deemed
to read as follows:
``(b) Limitation on Use of Funds.--Not more than 85 percent
of the funds authorized to be appropriated by this Act 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 certifies to Congress
that the use of additional funds is mission essential.''.
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.
(a) In General.--The table in section 12011(a)(1) of title
10, United States Code, is amended by striking the matter
relating to the Air Force Reserve and inserting the following
new matter:
Air Force Reserve
1,000 166 170 100
1,500 245 251 143
2,000 322 330 182
2,500 396 406 216
3,000 467 479 246
3,500 536 550 271
4,000 602 618 292
4,500 665 683 308
5,000 726 746 320
5,500 784 806 325
6,000 840 864 327
7,000 962 990 347
8,000 1,087 1,110 356
10,000 1,322 1,362 395
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2019, and shall apply with
respect to fiscal years beginning on or after that date.
TITLE LV--MILITARY PERSONNEL POLICY
SEC. 5501. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is
amended by striking ``on active duty (as defined in section
101(d)(5) of such title)''.
SEC. 5502. INFORMATION AND OPPORTUNITIES FOR REGISTRATION FOR
VOTING AND ABSENTEE BALLOT REQUESTS FOR MEMBERS
OF THE ARMED FORCES UNDERGOING DEPLOYMENT
OVERSEAS.
(a) In General.--Not later than 45 days prior to a general
election for Federal office, a member of the Armed Forces
shall be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant
to section 103 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20303), together with
instructions on the appropriate use of the ballot with
respect to the State in which the member is registered to
vote.
(2) In the case of a member intending to vote in a State
that does not accept the Federal write-in absentee ballot as
a simultaneous application and acceptable ballot for Federal
elections, a briefing on, and an opportunity to fill out, the
official post card form for absentee voter registration
application and absentee ballot application prescribed under
section 101(b)(2) of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301(b)(2)).
(b) Personnel Responsible of Discharge.--Ballots and
instructions pursuant to paragraph (1) of subsection (a), and
briefings and forms pursuant to paragraph (2) of such
subsection, shall be provided by Voting Assistance Officers
or such other personnel as the Secretary of the military
department concerned shall designate.
(c) Sense of Congress Relating to the Use of the Federal
Write-in Absentee Ballot.--
(1) Findings.--Congress makes the following findings:
(A) Servicemembers serving abroad are subject to
disproportionate challenges in voting.
(B) As of May, 2019, only 28 States allow servicemembers to
use the Federal write-in absentee ballot as a simultaneous
application and acceptable ballot for Federal elections.
(2) Sense of congress.--It is the sense of Congress that--
(A) Federal and State governments should remove all
obstacles that would inhibit deployed servicemembers from
voting; and
(B) States that do not allow servicemembers to use the
Federal write-in absentee ballot as a simultaneous
application and acceptable ballot for Federal elections
should modify their laws to permit such use.
[[Page S4022]]
SEC. 5503. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(a) Study.--The Director of the Federal Voting Assistance
Program of the Department of Defense shall conduct a study on
the feasibility of a pilot program providing full ballot
tracking of overseas military absentee ballots through the
mail stream in a manner that is similar to the 2016 Military
Ballot Tracking Pilot Program conducted by the Federal Voting
Assistance Program.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Federal Voting
Assistance Program shall submit to Congress a report on the
results of the study conducted under subsection (a). Such
report shall include--
(1) an estimate of the costs and requirements needed to
conduct the pilot program described in subsection (a);
(2) a description of organizations that would provide
substantial support for such a pilot program; and
(3) a time line for the phased implementation of the pilot
program to all military personnel actively serving overseas.
SEC. 5504. SENSE OF SENATE ON THE HONORABLE AND DISTINGUISHED
SERVICE OF GENERAL JOSEPH F. DUNFORD, UNITED
STATES MARINE CORPS, TO THE UNITED STATES.
(a) Findings.--The Senate makes the following findings:
(1) General Joseph F. Dunford was commissioned as a second
lieutenant in the United States Marine Corps in 1977.
(2) Since 1977, General Dunford has served as an infantry
officer at all levels and has held numerous leadership roles,
including Commander of the 5th Marine Regiment during
Operation IRAQI FREEDOM, Commander of the International
Security Assistance Force and United States Forces-
Afghanistan, and Commander, Marine Forces United States
Central Command.
(3) General Dunford served as the 32nd Assistant Commandant
of the Marine Corps from October 23, 2010, to December 15,
2012.
(4) General Dunford subsequently served as the 36th
Commandant of the Marine Corps from October 17, 2014, to
September 24, 2015.
(5) General Dunford became the highest-ranking military
officer in the United States when he was appointed as the
19th Chairman of the Joint Chiefs of Staff on October 1,
2015.
(6) General Dunford is only the second United States Marine
to hold the position of Chairman of the Joint Chiefs of
Staff.
(7) During his nearly four years as Chairman of the Joint
Chiefs of Staff, General Dunford effectively and honorably
executed the duties of the office to the highest degree.
(8) General Dunford has an extensive record of impeccable
service to the United States.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the United States deeply appreciates the decades of
honorable service of General Joseph F. Dunford; and
(2) the indispensable leadership of General Dunford and his
dedication to the men and women of the Armed Forces
demonstrates the finest example of service to the United
States.
SEC. 5505. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE
SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP
PROGRAM FOR MEMBERS OF THE ARMED FORCES.
Section 1143(e) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) Any program under this subsection may be carried out
at, through, or in consultation with such other departments
or agencies of the Federal Government as the Secretary of the
military department concerned considers appropriate.''.
SEC. 5506. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED
STATES SPECIAL OPERATIONS COMMAND DURING
PERIODS OF INAPPLICABILITY OF HIGH-DEPLOYMENT
LIMITATIONS.
(a) In General.--Section 991(d) of title 10, United States
Code, is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Whenever a waiver is in effect under paragraph
(1), the member or group of members covered by the waiver
shall be subject to specific and measurable deployment
thresholds established and maintained for purposes of this
subsection.
``(B) Thresholds under this paragraph may be applicable--
``(i) uniformly, Department of Defense-wide; or
``(ii) separately, with respect to each armed force and the
United States Special Operations Command.
``(C) If thresholds under this paragraph are applicable
Department-wide, such thresholds shall be established and
maintained by the Under Secretary of Defense for Personnel
and Readiness. If such thresholds are applicable only to a
separate armed force or the Under States Special Operations
Command, such thresholds shall be established and maintained
by the Secretary of the Army, the Secretary of the Navy
(other than with respect to the Marine Corps), the Secretary
of the Air Force, the Commandant of the Marine Corps (with
respect to the Marine Corps), and the Commander of the United
States Special Operations Command, as applicable.
``(D) In undertaking recordkeeping for purposes of
subsection (c), the Under Secretary shall, in conjunction
with the other officials and officers referred to in
subparagraph (C), collect complete and reliable personnel
tempo data of members described in subparagraph (A) in order
to ensure that the Department, the armed forces, and the
United States Special Operations Command fully and completely
monitor personnel tempo under a waiver under paragraph (1)
and its impact on the armed forces.''.
(b) Deadline for Implementation.--Paragraph (2) of section
991(d) of title 10, United States Code, as added by
subsection (a), shall be fully implemented by not later than
March 1, 2020.
SEC. 5507. REPORT AND BRIEFING ON THE SENIOR RESERVE
OFFICERS' TRAINING CORPS.
(a) Report on Various Expansions of the Corps.--Not later
than one year after the date of the enactment of this Act,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report setting forth the following:
(1) An assessment of the feasibility and advisability of
distance learning programs for the Senior Reserve Officers'
Training Corps for students at educational institutions who
reside outside the viable range for a cross-town program.
(2) An assessment of the feasibility and advisability of
expanding the eligibility of institutions authorized to
maintain a unit of the Senior Reserve Officers' Training
Corps to include community colleges.
(b) Briefing on Long-term Effects on the Corps of the
Operation of Certain Recent Prohibitions.--
(1) Briefing required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
effects of the prohibitions in section 8032 of the Department
of Defense Appropriations Act, 2019 (division A of Public Law
115-245) on the long-term viability of the Senior Reserve
Officers' Training Corps (SROTC).
(2) Elements.--The matters addressed by the briefing under
paragraph (1) shall include an assessment of The effects of
the prohibitions described in paragraph (1) on the following:
(A) Readiness.
(B) The efficient manning and administration of Senior
Reserve Officers' Training Corps units.
(C) The ability of the Armed Forces to commission on a
yearly basis the number and quality of new officers they need
and that are representative of the nation as a whole .
(D) The availability of Senior Reserve Officers' Training
Corps scholarships in rural areas.
(E) Whether the Senior Reserve Officers' Training Corps
program produces officers representative of the demographic
and geographic diversity of the United States, especially
with respect to urban areas, and whether restrictions on
establishing or disestablishing units of the Corps affects
the diversity of the officer corps of the Armed Forces.
SEC. 5508. REPORT ON SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES FOR MEMBERS OF THE ARMED FORCES AND
THEIR FAMILIES.
(a) Report Required.--Not later than 240 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the programs and activities of the Department of
Defense and the Armed Forces for the prevention of suicide
among members of the Armed Forces (including the reserve
components) and their families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of the current programs and activities of
the Department and the Armed Forces for the prevention of
suicide among members of the Armed Forces and their families.
(2) An assessment whether the programs and activities
described pursuant to paragraph (1)--
(A) are evidence-based and incorporate best practices
identified in peer-reviewed medical literature;
(B) are appropriately resourced; and
(C) deliver outcomes that are appropriate relative to peer
activities and programs (including those undertaken in the
civilian community and in military forces of other
countries).
(3) A description and assessment of any impediments to the
effectiveness of such programs and activities.
(4) Such recommendations as the Comptroller General
considers appropriate for improvements to such programs and
activities.
(5) Such recommendations as the Comptroller General
considers appropriate for additional programs and activities
for the prevention of suicide among members of the Armed
Forces and their families.
SEC. 5509. SENSE OF CONGRESS ON LOCAL PERFORMANCE OF MILITARY
ACCESSION PHYSICALS.
(a) Findings.--Congress makes the following findings:
(1) The United States Military Entrance Processing Command
(USMEPCOM) consists of 65 Military Entrance Processing
Stations (MEPS) dispersed throughout the contiguous United
States, Alaska, Hawaii, and Puerto Rico.
[[Page S4023]]
(2) Applicants who must travel to the closest Processing
Station are often driven by their military recruiter and
receive free lodging at a nearby hotel paid by the Armed
Force concerned.
(3) In fiscal year 2015, the United States Military
Entrance Processing Command processed 473,000 applicants at
its Processing Stations, with an aggregate total of 931,000
applicant visits to such Processing Stations in that fiscal
year.
(b) Sense of Congress.--It is the sense of Congress that--
(1) permitting military accession physicals in local
communities would allow recruiters to focus on their core
recruiting mission; and
(2) the conduct of military accession physicals in local
communities would permit the United States Military Entrance
Processing Command to reduce costly and inefficient return
visits by applicants to Military Entrance Processing Stations
and increase efficiency in its processing times.
SEC. 5510. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE
RETIREMENT OF CHAPLAINS IN GENERAL AND FLAG
OFFICER GRADES.
Section 1253(c) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 5546. BOARDS FOR CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARD MATTERS.
Part III of subtitle D of title V, and the amendments made
by that part, shall have no force or effect.
SEC. 5585. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
JOHN J. DUFFY FOR ACTS OF VALOR IN VIETNAM.
Section 585 shall have no force or effect.
SEC. 5587. AUTHORITY TO AWARD OR PRESENT A DECORATION NOT
PREVIOUSLY RECOMMENDED IN A TIMELY FASHION
FOLLOWING A REVIEW REQUESTED BY CONGRESS.
Section 587, and the amendments made by that section, shall
have no force or effect.
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.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of
section 2564a of title 10, United States Code, is amended by
striking ``for members of the armed forces who'' and all that
follows through the period at the end and inserting the
following: ``for--
``(A) any member of the armed forces who is eligible to
participate in adaptive sports because of an injury, illness,
or wound incurred in the line of duty in the armed forces;
and
``(B) any veteran (as defined in section 101 of title 38),
during the one-year period following the veteran's date of
separation, who--
``(i) is on the Temporary Disability Retirement List or
Permanently Disabled Retirement List;
``(ii) is eligible to participate in adaptive sports
because of an injury, illness, or wound incurred in the line
of duty in the armed forces; and
``(iii) was enrolled in the program authorized under this
section prior to the veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section
is amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports
programs: members of the armed forces; certain veterans''.
(2) Table of section.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2564a and inserting the
following new item:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
SEC. 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.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
setting forth the results of a study, conducted by the
Secretary for purposes of the report, on the feasability and
advisability of paying eligible members of the reserve
components of the Armed Forces any special or incentive pay
for members of the Armed Forces that is not currently payable
to members of the reserve components.
(b) Elements.--The report required by subsection (a) shall
set forth the following:
(1) An estimate of the yearly cost of paying members of the
reserve components risk pay and flight pay under sections
334, 334a, and 351 of title 37, United States Code, at the
same rate as members on active duty, regardless of number of
periods of instruction or appropriate duty participated in,
so long as there is at least one such period of instruction
or appropriate duty in the month.
(2) A statement of the number of members of the reserve
components who qualify or potentially qualify for hazardous
duty incentive pay based on current professions or required
duties, broken out by hazardous duty categories set forth in
section 351 of title 37, United States Code.
(3) If the Secretary determines that payment to eligible
members of the reserve components of any special or incentive
pay for members of the Armed Forces that is not currently
payable to members of the reserve components is feasible and
advisable, such recommendations as the Secretary considers
appropriate for legislative or administrative action to
authorize such payment.
SEC. 5642. TREATMENT OF FEES OF SERVICE PROVIDED AS
SUPPLEMENTAL FUNDS FOR COMMISSARY OPERATIONS.
Section 642, and the amendment made by that section, shall
have no force or effect.
TITLE LVII--HEALTH CARE PROVISIONS
SEC. 5701. CONTRACEPTIVE PARITY UNDER THE TRICARE PROGRAM.
The text of subsection (c) of section 701 is hereby deemed
to read as follows:
``(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2030.''.
SEC. 5702. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
CHEMICALS AS PART OF PERIODIC HEALTH
ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense
shall ensure that any periodic health assessment provided to
members of the Armed Forces includes an evaluation of whether
the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals, including any
information recorded as part of the Airborne Hazards and Open
Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals, including any
information recorded as part of the registry established by
the Secretary of Veterans Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals, including any
information recorded as part of the registry established by
the Secretary of Veterans Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the
results of covered evaluations regarding the exposure by a
member of the Armed Forces to toxic airborne chemicals.
(2) Registry.--If a covered evaluation of a member of the
Armed Forces establishes that the member was based or
stationed at a location where an open burn pit was used, or
the member was exposed to toxic airborne chemicals, the
member shall be enrolled in the Airborne Hazards and Open
Burn Pit Registry, unless the member elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be
construed to preclude eligibility for benefits under the laws
administered by the Secretary of Veterans Affairs by reason
of the open burn pit exposure history of a veteran not being
recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012 (Public
Law 112-260; 38 U.S.C. 527 note).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note).
[[Page S4024]]
SEC. 5703. PRESERVATION OF RESOURCES OF THE ARMY MEDICAL
RESEARCH AND MATERIEL COMMAND AND TREATMENT OF
REALIGNMENT OF SUCH COMMAND.
(a) In General.--The Secretary of Defense shall preserve
the resources of the Army Medical Research and Materiel
Command for use by such command, which shall include manpower
and funding, as such command realigns with the Army Futures
Command in 2019 and the Defense Health Agency in 2020.
(b) Transfer of Funds.--Upon completion of the realignment
described in subsection (a), all amounts available for the
Army Medical Research and Materiel Command, at the baseline
for such amounts for fiscal year 2019, shall be transferred
from accounts for research, development, test, and evaluation
for the Army to accounts for the Defense Health Program.
(c) Continuation as Center of Excellence.--After completion
of the realignment described in subsection (a), the Army
Medical Research and Materiel Command and Fort Detrick shall
continue to serve as a Center of Excellence for Joint
Biomedical Research, Development and Acquisition Management
for efforts undertaken under the Defense Health Program.
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.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report describing all
Department of Defense contracts with companies or business
entities that are owned or operated by, or affiliated with,
the Government of the People's Republic of China or the
Chinese Communist Party.
SEC. 5802. DOCUMENTATION OF MARKET RESEARCH RELATED TO
COMMERCIAL ITEM DETERMINATIONS.
Section 3307(d) of title 41, United States Code, is amended
by adding at the end the following new paragraph:
``(4) Agencies shall document the results of market
research in a manner appropriate to the size and complexity
of the acquisition.''.
SEC. 5803. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL
DEVELOPMENT DECISIONS.
(a) Timeline.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
update existing guidance for analyses of alternatives
conducted pursuant to a materiel development decision for a
major defense acquisition program to incorporate the
following:
(1) Study completion within nine months.
(2) Study guidance issued by the Director, Cost Assessment
and Program Evaluation of a scope designed to provide for
reasonable completion of the study within the nine-month
period.
(3) Procedures for waiver of the timeline requirements of
this subsection on a case-by-case basis if--
(A) the subject of the analysis is of extreme technical
complexity;
(B) collection of additional intelligence is required to
inform the analysis;
(C) insufficient technical expertise is available to
complete the analysis; or
(D) the Secretary determines that there other sufficient
reasons for delay of the analysis.
(b) Reporting.--If an analysis of alternatives cannot be
completed within the allotted time, or a waiver is used, the
Secretary shall report to the congressional defense
committees the following information:
(1) For a waiver, the basis for use of the waivers,
including the reasons why the study cannot be completed
within the allotted time.
(2) For a study estimated to take more than nine months--
(A) an estimate of when the analysis will be completed;
(B) an estimate of any additional costs to complete the
analysis; and
(C) other relevant information pertaining to the analysis
and its completion.
TITLE LIX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
SEC. 5901. INSTITUTIONALIZATION WITHIN DEPARTMENT OF DEFENSE
OF RESPONSIBILITIES AND AUTHORITIES OF THE
CHIEF MANAGEMENT OFFICER.
(a) Manner of Direction of Business-related Activities of
Military Departments.--The Secretary of Defense shall
determine the manner in which the Chief Management Officer
directs the business-related activities of the military
departments.
(b) Responsibility for Defense Agencies and Field
Activities.--The Secretary shall determine the
responsibilities and authorities, if any, of the Chief
Management Officer for the Defense Agencies and the
Department of Defense Field Activities, including a
determination as to the following:
(1) Whether one or more additional Defense Agencies,
Department of Defense Field Activities, or both should
provide shared business services.
(2) Which Defense Agencies, Department of Defense Field
Activities, or both should be required to submit their
proposed budgets for enterprise business operations to the
Chief Management Officer for review.
(c) Assignment of Responsibilities and Authorities.--The
Secretary shall, in light of determinations under subsections
(a) and (b), assign the responsibilities and authorities of
the Chief Management Officer (whether specified in statute or
otherwise), and the manner of the discharge of such
responsibilities and authorities, applicable Department-wide,
as appropriate.
(d) Plan of Action Required.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a plan,
including a timeline, for carrying out the requirements of
this section.
SEC. 5902. ALLOCATION OF FORMER RESPONSIBILITIES OF THE UNDER
SECRETARY OF DEFENSE FOR ACQUISITION,
TECHNOLOGY, AND LOGISTICS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) In section 129a(c)(3), by striking ``The Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of Defense
for Acquisition and Sustainment''.
(2) In section 134(c), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment''.
(3) In section 139--
(A) in subsection (b)--
(i) in the matter preceding paragraph (1), by striking
``and the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment'';
and
(ii) in paragraph (2), by striking ``and the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``, the Under Secretary of Defense
for Research and Engineering, the Under Secretary of Defense
for Acquisition and Sustainment,'';
(B) in subsection (c), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment,''; and
(C) in subsection (h)(2), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment''.
(4) In section 139a(d)(6), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Research and Engineering, the Under Secretary of Defense
for Acquisition and Sustainment,''.
(5) In section 171(a)--
(A) by striking paragraphs (3) and (8);
(B) by redesignating paragraphs (4), (5), (6), (7), (9),
(10), (11), (12), and (13) as paragraphs (5), (6), (7), (8),
(11), (12), (13), (14), and(15), respectively;
(C) by inserting after paragraph (2) the following new
paragraphs:
``(3) the Under Secretary of Defense for Research and
Engineering;
``(4) the Under Secretary of Defense of Acquisition and
Sustainment;''; and
(D) by inserting after paragraph (8), as redesignated by
subparagraph (B), the following new paragraphs:
``(9) the Deputy Under Secretary of Defense for Research
and Engineering;
``(10) the Deputy Under Secretary of Defense for
Acquisition and Sustainment;''.
(6) In section 181(d)(1)--
(A) by redesignating subparagraphs (D) through (G) as
subparagraphs (E) through (H), respectively;
(B) by striking subparagraph (C); and
(C) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) The Under Secretary of Defense for Research and
Engineering.
``(D) The Under Secretary of Defense for Acquisition and
Sustainment.''.
(7) In section 393(b)(2)--
(A) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F), respectively;
(B) by striking subparagraph (B); and
(C) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) The Under Secretary of Defense for Research and
Engineering.
``(C) The Under Secretary of Defense for Acquisition and
Sustainment.''.
(8)(A) In section 1702--
(i) by striking the heading and inserting the following:
``Sec. 1702. Under Secretary of Defense for Acquisition and
Sustainment: authorities and responsibilities''; and
(ii) in the text, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(B) The table of sections at the beginning of subchapter I
of chapter 87 is amended by striking the item relating to
section 1702 and inserting the following new item:
``1702. Under Secretary of Defense for Acquisition and Sustainment:
authorities and responsibilities.''.
(9) In section 1705, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
[[Page S4025]]
(10) In section 1722, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(11) In section 1722a, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(12) In section 1722b(a), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(13) In section 1723, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(14) In section 1725(e)(2), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment''.
(15) In section 1735(c)(1), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment''.
(16) In section 1737(c), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(17) In section 1741(b), by striking ``The Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Acquisition
and Sustainment''.
(18) In section 1746(a), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(19) In section 1748, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(20) In section 2222, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(21) In section 2272, by striking ``the Assistant Secretary
of Defense for Research and Engineering'' and inserting ``the
Under Secretary of Defense for Research and Engineering''.
(22) In section 2275(a), by striking ``The Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Acquisition
and Sustainment''.
(23) In section 2279(d), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(24) In section 2279b--
(A) in subsection (b)--
(i) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(ii) by striking paragraph (2); and
(iii) by inserting after paragraph (1) the following new
paragraphs:
``(2) The Under Secretary of Defense for Research and
Engineering.
``(3) The Under Secretary of Defense for Acquisition and
Sustainment.''; and
(B) in subsection (c) by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition
and Sustainment,''
(25) In section 2304, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(26) In section 2306b(i)(7), by striking ``of Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``of Under Secretary of Defense for
Acquisition and Sustainment''.
(27) In section 2311(c), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(28) In section 2326(g), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(29) In section 2330, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(30) In section 2334, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(31) In section 2350a(b)(2), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics, and the Assistant Secretary of Defense for
Research and Engineering'' and inserting ``the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment''.
(32) In section 2359(b), by striking paragraph (1) and
inserting the following new paragraph (1):
``(1) The Under Secretary of Defense for Research and
Engineering.''.
(33) In section 2359b, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Research and Engineering''.
(34) In section 2365(d)(3)(A), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Research and Engineering''.
(35) In section 2375, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(36) In section 2399(b)(3)--
(A) by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering, the
Under Secretary of Defense for Acquisition and Sustainment'';
and
(B) by striking ``and Under Secretary'' and inserting ``and
the Under Secretaries''.
(37) In section 2419(a)(1), by striking ``The Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of Defense
for Acquisition and Sustainment''.
(38) In section 2431a(b), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''.
(39) In section 2435, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(40) In section 2438(b), by striking ``the Under Secretary
of Defense for Acquisition, Technology and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(41) In section 2503(b)--
(A) by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering and
the Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) by striking ``the Under Secretary shall'' and inserting
``the Under Secretaries shall''.
(42) In section 2508(b), by striking ``the Under Secretary
of Defense for Acquisition, Technology, and Logistics, acting
through the Deputy Assistant Secretary of Defense for
Manufacturing and Industrial Base Policy'' and inserting
``the Under Secretary of Defense for Acquisition and
Sustainment''.
(43) In section 2521, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Research and Engineering''.
(44) In section 2533b(k)(2)(A), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment''.
(45) In section 2546--
(A) in the heading of subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''; and
(B) by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place it
appears and inserting ``the Under Secretary of Defense for
Acquisition and Sustainment''.
(46) In section 2548, by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(47) In section 2902(b)--
(A) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) The official within the Office of the Under Secretary
of Defense for Research and Engineering who is responsible
for science and technology.'';
(B) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively;
(C) by striking paragraph (3); and
(D) by inserting after paragraph (2) the following new
paragraphs:
``(3) The official within the Office of the Under Secretary
of Defense for Research and Engineering who is responsible
for environmental security.
``(4) The official within the Office of the Under Secretary
of Defense for Acquisition and Sustainment who is responsible
for environmental security.''.
(48) In section 2926(e)(5)(D), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment''.
(b) National Defense Authorization Acts.--
(1) Public law 115-232.--Section 338 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1728) is amended by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(2) Public law 115-91.--Section 136(a)(1) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1317) is amended by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the
[[Page S4026]]
Under Secretary of Defense for Acquisition and Sustainment''.
(3) Public law 114-328.--The National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328) is amended as
follows:
(A) In section 829(b) (10 U.S.C. 2306 note), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(B) In section 874(b)(1) (10 U.S.C. 2375 note), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(C) In section 875 (10 U.S.C. 2305 note)--
(i) in subsections (b), (c), (e), and (f), by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place it appears and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''; and
(ii) in subsection (d), by striking ``The Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Research and
Engineering''.
(D) In section 898(a)(2)(A) (10 U.S.C. 2302 note), by
striking ``the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(E) In section 1652(a) (130 Stat. 2609), by striking ``the
Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Research and Engineering''.
(F) In section 1689(d) (130 Stat. 2631), by striking ``the
Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``the Under Secretary of Defense
for Research and Engineering''.
(4) Public law 114-92.--The National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92) is amended as
follows:
(A) In section 131 (129 Stat. 754), by striking ``the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place it appears and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(B) In section 856(a)(2)(B) (10 U.S.C. 2377 note), by
striking ``the Office of the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Office of the Under Secretary of Defense for Acquisition and
Sustainment''.
(C) In section 1111(b)(1) (10 U.S.C. 1701 note), by
striking ``the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(D) In section 1675(a) (129 Stat. 1131), by striking ``The
Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of Defense
for Research and Engineering''.
(5) Public law 113-291.--Section 852 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (10 U.S.C. 2302 note) is amended by
striking ``The Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``The Under
Secretary of Defense for Acquisition and Sustainment''.
(6) Public law 112-239.--Section 157(c) of the National
Defense Authorization Act for Fiscal Year 2013 (Public law
112-239; 126 Stat. 1668) is amended by striking ``The Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of Defense
for Acquisition and Sustainment''.
(7) Public law 112-81.--The National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81) is amended as
follows:
(A) In section 144 (125 Stat. 1325)--
(i) in subsection (a), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition
and Sustainment''; and
(ii) in subsection (b)(4), by striking ``the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``the Under Secretary of Defense for Research and
Engineering''.
(B) In section 836(a)(2) (22 U.S.C. 2767 note), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics, the Assistant Secretary of Defense for
Research and Engineering,'' and inserting ``the Under
Secretary of Defense for Research and Engineering, the Under
Secretary of Defense for Acquisition and Sustainment,''.
(C) In section 838(2)(B) (125 Stat. 1509), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(8) Public law 111-383.--Section 882(b) of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10
U.S.C. 2222 note) is amended by striking ``The Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of Defense
for Acquisition and Sustainment''.
(9) Public law 110-417.--Section 814 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4528) is amended--
(A) in subsection (b)(2)--
(i) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively;
(ii) by striking subparagraph (A); and
(iii) by inserting before subparagraph (C), as redesignated
by clause (i), the following new subparagraphs:
``(A) The Office of the Under Secretary of Defense for
Research and Engineering.
``(B) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.''; and
(B) in subsection (c)(5), in the flush matter following
subparagraph (B), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics certifies
to the congressional defense committees, and includes'' and
inserting ``the Under Secretary of Defense for Research and
Engineering and the Under Secretary of Defense for
Acquisition and Sustainment jointly certify to the
congressional defense committees, and include''.
(10) Public law 110-181.--The National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181)
is amended as follows:
(A) In section 231(a) (10 U.S.C. 1701 note), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``the Under Secretary of
Defense for Acquisition and Sustainment''.
(B) In section 802(a)(3)(C) (10 U.S.C. 2410p note), by
striking ``the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(C) In section 821(a) (10 U.S.C. 2304 note), by striking
``The Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``The Under Secretary of
Defense for Acquisition and Sustainment''.
(D) In section 2864 (10 U.S.C. 2911 note), by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics'' each place it appears and inserting ``the
Under Secretary of Defense for Acquisition and Sustainment''.
(c) Recommendations for Legislative Action.--Not later than
14 days after the President submits to Congress the budget
for fiscal year 2021 pursuant to section 1105 of title 31,
United States Code, the Under Secretary of Defense
(Comptroller) shall submit to the congressional defense
committees such recommendations for legislative action as the
Under Secretary considers appropriate to implement the
recommendations of the report required by section 901 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1920).
TITLE LX--GENERAL MATTERS
SEC. 6001. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Utilizing Significant Emissions with Innovative
Technologies Act'' or the ``USE IT Act''.
(b) Research, Investigation, Training, and Other
Activities.--Section 103 of the Clean Air Act (42 U.S.C.
7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(B) in the undesignated matter following subparagraph (D)
(as so redesignated)--
(i) in the second sentence, by striking ``The
Administrator'' and inserting the following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking ``Nothing'' and
inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking ``Such program'' and
inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States, institutions of higher
education,'' after ``scientists,''; and
(II) by striking ``Such strategies and technologies shall
be developed'' and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking ``In carrying
out'' and inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A) with
respect to carbon dioxide, the Administrator shall carry out
the activities described in each of subparagraphs (B), (C),
(D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board' means the Direct Air Capture
Technology Advisory Board established by clause (iii)(I).
``(II) Dilute.--The term `dilute' means a concentration of
less than 1 percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The term `direct air capture', with
respect to a facility, technology, or system, means that the
facility, technology, or system uses carbon capture equipment
to capture carbon dioxide directly from the air.
``(bb) Exclusion.--The term `direct air capture' does not
include any facility, technology, or system that captures
carbon dioxide--
``(AA) that is deliberately released from a naturally
occurring subsurface spring; or
``(BB) using natural photosynthesis.
``(IV) Intellectual property.--The term `intellectual
property' means--
[[Page S4027]]
``(aa) an invention that is patentable under title 35,
United States Code; and
``(bb) any patent on an invention described in item (aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1 year after the date of
enactment of the USE IT Act, the Administrator, in
consultation with the Secretary of Energy, shall establish a
program to provide, and shall provide, financial awards on a
competitive basis for direct air capture from media in which
the concentration of carbon dioxide is dilute.
``(II) Duties.--In carrying out this clause, the
Administrator shall--
``(aa) subject to subclause (III), develop specific
requirements for--
``(AA) the competition process; and
``(BB) the demonstration of performance of approved
projects;
``(bb) offer financial awards for a project designed--
``(AA) to the maximum extent practicable, to capture more
than 10,000 tons of carbon dioxide per year; and
``(BB) to operate in a manner that would be commercially
viable in the foreseeable future (as determined by the
Board); and
``(cc) to the maximum extent practicable, make financial
awards to geographically diverse projects, including at
least--
``(AA) 1 project in a coastal State; and
``(BB) 1 project in a rural State.
``(III) Public participation.--In carrying out subclause
(II)(aa), the Administrator shall--
``(aa) provide notice of and, for a period of not less than
60 days, an opportunity for public comment on, any draft or
proposed version of the requirements described in subclause
(II)(aa); and
``(bb) take into account public comments received in
developing the final version of those requirements.
``(iii) Direct air capture technology advisory board.--
``(I) Establishment.--There is established an advisory
board to be known as the `Direct Air Capture Technology
Advisory Board'.
``(II) Composition.--The Board shall be composed of 9
members appointed by the Administrator, who shall provide
expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management; and
``(hh) such other disciplines as the Administrator
determines to be necessary to achieve the purposes of this
subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of the Board shall serve for a term
of 6 years.
``(bb) Vacancies.--A vacancy on the Board--
``(AA) shall not affect the powers of the Board; and
``(BB) shall be filled in the same manner as the original
appointment was made.
``(IV) Initial meeting.--Not later than 30 days after the
date on which all members of the Board have been appointed,
the Board shall hold the initial meeting of the Board.
``(V) Meetings.--The Board shall meet at the call of the
Chairperson or on the request of the Administrator.
``(VI) Quorum.--A majority of the members of the Board
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(VII) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(VIII) Compensation.--Each member of the Board may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level V
of the Executive Schedule under section 5316 of title 5,
United States Code, for each day during which the member is
engaged in the actual performance of the duties of the Board.
``(IX) Duties.--The Board shall advise the Administrator on
carrying out the duties of the Administrator under this
subparagraph.
``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition of receiving a financial
award under this subparagraph, an applicant shall agree to
vest the intellectual property of the applicant derived from
the technology in 1 or more entities that are incorporated in
the United States.
``(II) Reservation of license.--The United States--
``(aa) may reserve a nonexclusive, nontransferable,
irrevocable, paid-up license, to have practiced for or on
behalf of the United States, in connection with any
intellectual property described in subclause (I); but
``(bb) shall not, in the exercise of a license reserved
under item (aa), publicly disclose proprietary information
relating to the license.
``(III) Transfer of title.--Title to any intellectual
property described in subclause (I) shall not be transferred
or passed, except to an entity that is incorporated in the
United States, until the expiration of the first patent
obtained in connection with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--Of the amounts authorized to be
appropriated for the Environmental Protection Agency,
$35,000,000 shall be available to carry out this
subparagraph, to remain available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(vi) Termination of authority.--The Board and all
authority provided under this subparagraph shall terminate
not later than 10 years after the date of enactment of the
USE IT Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide utilization.--In this
subparagraph, the term `carbon dioxide utilization' refers to
technologies or approaches that lead to the use of carbon
dioxide--
``(I) through the fixation of carbon dioxide through
photosynthesis or chemosynthesis, such as through the growing
of algae or bacteria;
``(II) through the chemical conversion of carbon dioxide to
a material or chemical compound in which the carbon dioxide
is securely stored; or
``(III) through the use of carbon dioxide for any other
purpose for which a commercial market exists, as determined
by the Administrator.
``(ii) Program.--The Administrator, in consultation with
the Secretary of Energy, shall carry out a research and
development program for carbon dioxide utilization to promote
existing and new technologies that transform carbon dioxide
generated by industrial processes into a product of
commercial value, or as an input to products of commercial
value.
``(iii) Technical and financial assistance.--Not later than
2 years after the date of enactment of the USE IT Act, in
carrying out this subsection, the Administrator, in
consultation with the Secretary of Energy, shall support
research and infrastructure activities relating to carbon
dioxide utilization by providing technical assistance and
financial assistance in accordance with clause (iv).
``(iv) Eligibility.--To be eligible to receive technical
assistance and financial assistance under clause (iii), a
carbon dioxide utilization project shall--
``(I) have access to an emissions stream generated by a
stationary source within the United States that is capable of
supplying not less than 250 metric tons per day of carbon
dioxide for research;
``(II) have access to adequate space for a laboratory and
equipment for testing small-scale carbon dioxide utilization
technologies, with onsite access to larger test bays for
scale-up; and
``(III) have existing partnerships with institutions of
higher education, private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon dioxide
utilization projects under this paragraph, the Administrator
shall consult with the Secretary of Energy, and, as
appropriate, with the head of any other relevant Federal
agency, States, the private sector, and institutions of
higher education to develop methods and technologies to
account for the carbon dioxide emissions avoided by the
carbon dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--Of the amounts authorized to be
appropriated for the Environmental Protection Agency,
$50,000,000 shall be available to carry out this
subparagraph, to remain available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline formation.--
``(I) In general.--In this subparagraph, the term `deep
saline formation' means a formation of subsurface
geographically extensive sedimentary rock layers saturated
with waters or brines that have a high total dissolved solids
content and that are below the depth where carbon dioxide can
exist in the formation as a supercritical fluid.
``(II) Clarification.--In this subparagraph, the term `deep
saline formation' does not include oil and gas reservoirs.
``(ii) Report.--In consultation with the Secretary of
Energy, and, as appropriate, with the head of any other
relevant Federal agency and relevant stakeholders, not later
than 1 year after the date of enactment of the USE IT Act,
the Administrator shall prepare, submit to Congress, and make
publicly available a report that includes--
``(I) a comprehensive identification of potential risks and
benefits to project developers associated with increased
storage of carbon dioxide captured from stationary sources in
deep saline formations, using existing research;
``(II) recommendations, if any, for managing the potential
risks identified under subclause (I), including potential
risks unique to public land; and
``(III) recommendations, if any, for Federal legislation or
other policy changes to mitigate any potential risks
identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory strategies and
technologies.--
``(i) In general.--Not less frequently than once every 2
years, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that describes--
[[Page S4028]]
``(I) the recipients of assistance under subparagraphs (B)
and (C); and
``(II) a plan for supporting additional nonregulatory
strategies and technologies that could significantly prevent
carbon dioxide emissions or reduce carbon dioxide levels in
the air, in conjunction with other Federal agencies.
``(ii) Inclusions.--The plan submitted under clause (i)
shall include--
``(I) a methodology for evaluating and ranking technologies
based on the ability of the technologies to cost effectively
reduce carbon dioxide emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-related environmental or
energy considerations regarding the technologies.
``(F) GAO report.--The Comptroller General of the United
States shall submit to Congress a report that--
``(i) identifies all Federal grant programs in which a
purpose of a grant under the program is to perform research
on carbon capture and utilization technologies, including
direct air capture technologies; and
``(ii) examines the extent to which the Federal grant
programs identified pursuant to clause (i) overlap or are
duplicative.''.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall submit to Congress a report
describing how funds appropriated to the Administrator during
the 5 most recent fiscal years have been used to carry out
section 103 of the Clean Air Act (42 U.S.C. 7403), including
a description of--
(1) the amount of funds used to carry out specific
provisions of that section; and
(2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of
law.
(d) Inclusion of Carbon Capture Infrastructure Projects.--
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting
``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the end;
(C) by redesignating clause (ii) as clause (iii); and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or environmental
review developed for the primary purpose of facilitating
development of carbon dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture includes
construction of--
``(i) any facility, technology, or system that captures,
utilizes, or sequesters carbon dioxide emissions, including
projects for direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C.
7403(g)); and
``(ii) carbon dioxide pipelines.''.
(e) Development of Carbon Capture, Utilization, and
Sequestration Report, Permitting Guidance, and Regional
Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct air
capture (as defined in paragraph (6)(B)(i) of section 103(g)
of the Clean Air Act (42 U.S.C. 7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with respect
to development or the permitting process for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines, a process that is completed in an expeditious
manner while maintaining environmental, health, and safety
protections.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Chair of the Council on
Environmental Quality (referred to in this section as the
``Chair''), in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of the Interior, the Executive Director of the
Federal Permitting Improvement Council, and the head of any
other relevant Federal agency (as determined by the
President), shall prepare a report that--
(i) compiles all existing relevant Federal permitting and
review information and resources for project applicants,
agencies, and other stakeholders interested in the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, including--
(I) the appropriate points of interaction with Federal
agencies;
(II) clarification of the permitting responsibilities and
authorities among Federal agencies; and
(III) best practices and templates for permitting;
(ii) inventories current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(iii) inventories existing initiatives and recent
publications that analyze or identify priority carbon dioxide
pipelines needed to enable efficient, orderly, and
responsible development of carbon capture, utilization, and
sequestration projects at increased scale;
(iv) identifies gaps in the current Federal regulatory
framework for the deployment of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms available to
project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the report publicly
available.
(3) Guidance.--
(A) In general.--After submission of the report under
paragraph (2)(B), but not later than 1 year after the date of
enactment of this Act, the Chair shall submit guidance
consistent with that report to all relevant Federal agencies
that--
(i) facilitates reviews associated with the deployment of
carbon capture, utilization, and sequestration projects and
carbon dioxide pipelines; and
(ii) supports the efficient, orderly, and responsible
development of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under subparagraph (A) shall
address requirements under--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et seq.);
(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(VI) division A of subtitle III of title 54, United States
Code (formerly known as the ``National Historic Preservation
Act'');
(VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection
Act''); and
(IX) any other Federal law that the Chair determines to be
appropriate.
(ii) Environmental reviews.--The guidance under
subparagraph (A) shall include direction to States and other
interested parties for the development of programmatic
environmental reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines.
(iii) Public involvement.--The guidance under subparagraph
(A) shall be subject to the public notice, comment, and
solicitation of information procedures under section 1506.6
of title 40, Code of Federal Regulations (or a successor
regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the guidance publicly
available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of the task forces
under paragraph (4)(E) and, as necessary, revise the guidance
under subparagraph (A); and
(ii) each year, submit to the Committee on Environment and
Public Works of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and relevant
Federal agencies a report that describes any recommendations
for legislation, rules, revisions to rules, or other policies
that would address the issues identified by the task forces
under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Chair shall establish not less
than 2 task forces, which shall each cover a different
geographical area with differing demographic, land use, or
geological issues--
(i) to identify permitting and other challenges and
successes that permitting authorities and project developers
and operators face; and
(ii) to improve the performance of the permitting process
and regional coordination for the purpose of promoting the
efficient, orderly, and responsible development of carbon
capture, utilization, and sequestration projects and carbon
dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the selection of members to each
task force; and
(II) select members for each task force in accordance with
subclause (I) and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1 representative of each
of--
(aa) the Environmental Protection Agency;
(bb) the Department of Energy;
(cc) the Department of the Interior;
(dd) any other Federal agency the Chair determines to be
appropriate;
(ee) any State that requests participation in the
geographical area covered by the task force;
(ff) developers or operators of carbon capture,
utilization, and sequestration projects or carbon dioxide
pipelines; and
(gg) nongovernmental membership organizations, the primary
mission of which concerns protection of the environment; and
[[Page S4029]]
(II) at the request of a Tribal or local government, may
include a representative of--
(aa) not less than 1 local government in the geographical
area covered by the task force; and
(bb) not less than 1 Tribal government in the geographical
area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet not less than
twice each year.
(ii) Joint meeting.--To the maximum extent practicable, the
task forces shall meet collectively not less than once each
year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal and State
approaches to facilitate reviews associated with the
deployment of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines, including best
practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in the permitting process;
and
(III) make the permitting process efficient, orderly, and
responsible;
(ii) develop common models for State-level carbon dioxide
pipeline regulation and oversight guidelines that can be
shared with States in the geographical area covered by the
task force;
(iii) provide technical assistance to States in the
geographical area covered by the task force in implementing
regulatory requirements and any models developed under clause
(ii);
(iv) inventory current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(v) identify any priority carbon dioxide pipelines needed
to enable efficient, orderly, and responsible development of
carbon capture, utilization, and sequestration projects at
increased scale;
(vi) identify gaps in the current Federal and State
regulatory framework and in existing data for the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines;
(vii) identify Federal and State financing mechanisms
available to project developers; and
(viii) develop recommendations for relevant Federal
agencies on how to develop and research technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed within the region covered
by the task force, including any projects that have received
technical or financial assistance for research under
paragraph (6) of section 103(g) of the Clean Air Act (42
U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall prepare and
submit to the Chair and to the other task forces a report
that includes--
(i) any recommendations for improvements in efficient,
orderly, and responsible issuance or administration of
Federal permits and other Federal authorizations required
under a law described in paragraph (3)(B)(i); and
(ii) any other nationally relevant information that the
task force has collected in carrying out the duties under
subparagraph (D).
(F) Evaluation.--Not later than 5 years after the date of
enactment of this Act, the Chair shall--
(i) reevaluate the need for the task forces; and
(ii) submit to Congress a recommendation as to whether the
task forces should continue.
SEC. 6002. REPORTING REGARDING CANCELLED APPROPRIATIONS.
(a) Assessments Required.--
(1) Fiscal years 2009 through 2018.--Not later than 60 days
after the date of enactment of this Act, the Comptroller
General of the United States shall submit to the committees
of Congress described in paragraph (3) a report that assesses
the amount of appropriations cancelled under section 1552 of
title 31, United States Code, during each of fiscal years
2009 through 2018.
(2) Fiscal year 2019.--Not later than 120 days after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the committees of Congress
described in paragraph (3) a report that assesses the amount
of appropriations cancelled under section 1552 of title 31,
United States Code, during fiscal year 2019.
(3) Committees.--The committees of Congress described in
this paragraph are--
(A) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on the Budget of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, and the Committee on the Budget of the House of
Representatives.
(b) Elements of Assessment.--Each assessment conducted
under subsection (a) shall address the following:
(1) The amount of appropriations for each agency that were
cancelled during each fiscal year covered by the report,
including--
(A) the name of each appropriation account from which
amounts were cancelled;
(B) for each cancelled appropriation, the fiscal year for
which the appropriation was made, the period of availability
of the appropriation, and the fiscal year during which the
appropriation was cancelled;
(C) for each fiscal year for which appropriations made to
the agency were cancelled, the percentage of the
appropriations made available to the agency for the fiscal
year that were cancelled; and
(D) whether there was an adjustment made with respect to
the cancelled appropriation under section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)) or the cancelled appropriation was otherwise
excluded from being taken into account for purposes of the
discretionary spending limits (as defined in section 250 of
such Act (2 U.S.C. 900)).
(2) The extent to which canceled appropriations different
significantly across agencies or over time.
(3) The extent to which canceled appropriations are
correlated with obligation rates or the length of time.
(4) The extent to which canceled appropriations are
correlated with the length of continuing resolutions in the
original year of the appropriation.
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.
Section 240b(b)(1)(B) of title 10, United States Code, is
amended by adding at the end the following new clause:
``(ix) A ranking each of the military departments and
Defense Agency in order of its current progress in achieving
auditable financial statements as required by law, and for
each military department or Defense Agency that is so ranked
in the bottom quartile, separate information from the head of
such department or Defense Agency on the following:
``(I) A description of the material weaknesses of such
military department or Defense Agency in achieving auditable
financial statements.
``(II) The underlying causes of each such weakness.
``(III) A plan for remediating each such weakness.''.
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.
Section 101(10A) of title 11, United States Code, is
amended by striking subparagraph (B) and inserting the
following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and, in a joint case, the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act (42
U.S.C. 301 et seq.);
``(II) payments to victims of war crimes or crimes against
humanity on account of their status as victims of such
crimes;
``(III) payments to victims of international terrorism or
domestic terrorism, as those terms are defined in section
2331 of title 18, on account of their status as victims of
such terrorism; and
``(IV) any monthly compensation, pension, pay, annuity, or
allowance paid under title 10, 37, or 38 in connection with a
disability, combat-related injury or disability, or death of
a member of the uniformed services, except that any retired
pay excluded under this subclause shall include retired pay
paid under chapter 61 of title 10 only to the extent that
such retired pay exceeds the amount of retired pay to which
the debtor would otherwise be entitled if retired under any
provision of title 10 other than chapter 61 of that title.''.
SEC. 6005. SILVER STAR SERVICE BANNER DAY.
(a) Findings.--Congress finds the following:
(1) Congress is committed to honoring the sacrifices of
wounded and ill members of the Armed Forces.
(2) The Silver Star Service Banner recognizes the members
of the Armed Forces and veterans who were wounded or became
ill while serving in combat for the United States.
(3) The sacrifices made by members of the Armed Forces and
veterans on behalf of the United States should never be
forgotten.
(4) May 1 is an appropriate date to designate as ``Silver
Star Service Banner Day''.
(b) Designation.--
(1) In general.--Chapter 1 of title 36, United States Code,
is amended by adding at the end the following:
``Sec. 146. Silver Star Service Banner Day
``(a) Designation.--May 1 is Silver Star Service Banner
Day.
``(b) Proclamation.--The President is requested to issue
each year a proclamation calling on the people of the United
States to observe Silver Star Service Banner Day with
appropriate programs, ceremonies, and activities.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by inserting
after the item relating to section 145 the following:
``146. Silver Star Service Banner Day.''.
SEC. 6006. ELECTROMAGNETIC PULSES AND GEOMAGNETIC
DISTURBANCES.
(a) Definitions.--In this section--
(1) the term ``appropriate congressional committees'' has
the meaning given that term in subsection (d) of section 320
of the Homeland Security Act of 2002, as added by subsection
(b) of this section; and
(2) the terms ``critical infrastructure'', ``EMP'', and
``GMD'' have the meanings given such terms in section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101).
[[Page S4030]]
(b) Homeland Security.--Section 320 of the Homeland
Security Act of 2002 (6 U.S.C. 195f) is amended--
(1) in the section heading, by inserting ``and threat
assessment, response, and recovery'' after ``development'';
and
(2) by adding at the end the following:
``(d) Threat Assessment, Response, and Recovery.--
``(1) Definitions.--In this subsection--
``(A) the term `appropriate congressional committees'
means--
``(i) the Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on Commerce,
Science, and Transportation of the Senate; and
``(ii) the Committee on Homeland Security, the Committee on
Armed Services, and the Committee on Energy and Commerce of
the House of Representatives;
``(B) the terms `prepare' and `preparedness' mean the
actions taken to plan, organize, equip, train, and exercise
to build and sustain the capabilities necessary to prevent,
protect against, mitigate the effects of, respond to, and
recover from those threats that pose the greatest risk to the
security of the homeland, including the prediction and
notification of impending EMPs and GMDs; and
``(C) the term `Sector-Specific Agency' has the meaning
given that term in section 2201.
``(2) Roles and responsibilities.--
``(A) Distribution of information.--
``(i) In general.--Beginning not later than June 19, 2020,
the Secretary shall provide timely distribution of
information on EMPs and GMDs to Federal, State, and local
governments, owners and operators of critical infrastructure,
and other persons determined appropriate by the Secretary.
``(ii) Briefing.--The Secretary shall brief the appropriate
congressional committees on the effectiveness of the
distribution of information under clause (i).
``(B) Response and recovery.--
``(i) In general.--The Secretary shall--
``(I) coordinate the response to and recovery from the
effects of EMPs and GMDs on critical infrastructure, in
coordination with the heads of appropriate Sector-Specific
Agencies, and on matters related to the bulk power system, in
consultation with the Secretary of Energy and the Federal
Energy Regulatory Commission; and
``(II) incorporate events that include EMPs and extreme
GMDs as a factor in preparedness scenarios and exercises.
``(ii) Implementation.--The Secretary and the Administrator
of the Federal Emergency Management Agency, and on matters
related to the bulk power system, the Secretary of Energy and
the Federal Energy Regulatory Commission, shall--
``(I) not later than June 19, 2020, develop plans and
procedures to coordinate the response to and recovery from
EMP and GMD events; and
``(II) not later than December 21, 2020, conduct a national
exercise to test the preparedness and response of the Nation
to the effect of an EMP or extreme GMD event.
``(C) Research and development.--
``(i) In general.--The Secretary, in coordination with the
heads of relevant Sector-Specific Agencies, shall--
``(I) without duplication of existing or ongoing efforts,
conduct research and development to better understand and
more effectively model the effects of EMPs and GMDs on
critical infrastructure (which shall not include any system
or infrastructure of the Department of Defense or any system
or infrastructure of the Department of Energy associated with
nuclear weapons activities); and
``(II) develop technologies to enhance the resilience of
and better protect critical infrastructure.
``(ii) Plan.--Not later than March 26, 2020, and in
coordination with the heads of relevant Sector-Specific
Agencies, the Secretary shall submit to the appropriate
congressional committees a research and development action
plan to rapidly address modeling shortfall and technology
development.
``(D) Emergency information system.--
``(i) In general.--The Secretary, in coordination with
relevant stakeholders, shall implement a network of systems
that are capable of providing appropriate emergency
information to the public before (if possible), during, and
in the aftermath of an EMP or GMD.
``(ii) Briefing.--Not later than December 21, 2020, the
Secretary, in coordination with the Administrator of the
Federal Emergency Management Agency, shall brief the
appropriate congressional committees regarding the system
required under clause (i).
``(E) Quadrennial risk assessments.--
``(i) In general.--The Secretary, in coordination with the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Commerce, and informed by intelligence-based
threat assessments, shall conduct a quadrennial EMP and GMD
risk assessment.
``(ii) Briefings.--Not later than March 26, 2020, and every
4 years thereafter until 2032, the Secretary, the Secretary
of Defense, the Secretary of Energy, and the Secretary of
Commerce shall provide a briefing to the appropriate
congressional committees regarding the quadrennial EMP and
GMD risk assessment.
``(iii) Enhancing resilience.--The Secretary, in
coordination with the Secretary of Defense, the Secretary of
Energy, the Secretary of Commerce, and the heads of other
relevant Sector-Specific Agencies, shall use the results of
the quadrennial EMP and GMD risk assessments to better
understand and to improve resilience to the effects of EMPs
and GMDs across all critical infrastructure sectors,
including coordinating the prioritization of critical
infrastructure at greatest risk to the effects of EMPs and
GMDs.
``(3) Coordination.--
``(A) Report on technological options.--Not later than
December 21, 2020, and every 4 years thereafter until 2032,
the Secretary, in coordination with the Secretary of Defense,
the Secretary of Energy, the heads of other appropriate
agencies, and, as appropriate, private-sector partners, shall
submit to the appropriate congressional committees, a report
that--
``(i) assesses the technological options available to
improve the resilience of critical infrastructure to the
effects of EMPs and GMDs; and
``(ii) identifies gaps in available technologies and
opportunities for technological developments to inform
research and development activities.
``(B) Test data.--
``(i) In general.--Not later than December 20, 2020, the
Secretary, in coordination with the heads of Sector-Specific
Agencies, the Secretary of Defense, and the Secretary of
Energy, shall--
``(I) review test data regarding the effects of EMPs and
GMDs on critical infrastructure systems, networks, and assets
representative of those throughout the Nation; and
``(II) identify any gaps in the test data.
``(ii) Plan.--Not later than 180 days after identifying
gaps in test data under clause (i), the Secretary, in
coordination with the heads of Sector-Specific Agencies and
in consultation with the Secretary of Defense and the
Secretary of Energy, shall use the sector partnership
structure identified in the National Infrastructure
Protection Plan to develop an integrated cross-sector plan to
address the identified gaps.
``(iii) Implementation.--The heads of each agency
identified in the plan developed under clause (ii) shall
implement the plan in collaboration with the voluntary
efforts of the private sector, as appropriate.
``(e) Rule of Construction.--Nothing in this section may be
construed to affect in any manner the authority, existing on
the day before the date of enactment of this subsection, of
any other component of the Department or any other Federal
department or agency, including the authority provided to the
Sector-Specific Agency specified in section 61003(c) of
division F of the Fixing America's Surface Transportation Act
(6 U.S.C. 121 note), including the authority under section
215 of the Federal Power Act (16 U.S.C. 824o), and including
the authority of independent agencies to be independent.''.
(c) National Essential Functions.--
(1) Definition.--In this subsection, the term ``national
essential functions'' means the overarching responsibilities
of the Federal Government to lead and sustain the Nation
before, during, and in the aftermath of a catastrophic
emergency, such as an EMP or GMD that adversely affects the
performance of the Federal Government.
(2) Updated operational plans.--Not later than March 20,
2020, each agency that supports a national essential function
shall prepare updated operational plans documenting the
procedures and responsibilities of the agency relating to
preparing for, protecting against, and mitigating the effects
of EMPs and GMDs.
(d) Benchmarks.--Not later than March 26, 2020, and as
appropriate thereafter, the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and, as appropriate, the private sector,
may develop or update, as necessary, quantitative and
voluntary benchmarks that sufficiently describe the physical
characteristics of EMPs, including waveform and intensity, in
a form that is useful to and can be shared with owners and
operators of critical infrastructure. Nothing in this
subsection shall affect the authority of the Electric
Reliability Organization to develop and enforce, or the
authority of the Federal Energy Regulatory Commission to
approve, reliability standards.
(e) Pilot Test by DHS to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Homeland Security, in coordination with the
Secretary of Defense and the Secretary of Energy, and in
consultation with the private sector, as appropriate, shall
develop and implement a pilot test to evaluate available
engineering approaches for mitigating the effects of EMPs and
GMDs on the most vulnerable critical infrastructure systems,
networks, and assets.
(2) Briefing.--Not later than 90 days after the date on
which the pilot test described in paragraph (1) is completed,
the Secretary of Homeland Security, in coordination with the
Secretary of Defense and the Secretary of Energy, shall
jointly brief the appropriate congressional committees on the
cost and effectiveness of the evaluated approaches.
(f) Pilot Test by DOD to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Defense, in consultation with the Secretary of
Homeland Security and the Secretary of Energy, shall conduct
a pilot test to evaluate engineering approaches for hardening
a strategic military installation, including infrastructure
that is critical to supporting that installation, against the
effects of EMPs and GMDs.
[[Page S4031]]
(2) Report.--Not later than 180 days after completing the
pilot test described in paragraph (1), the Secretary of
Defense shall submit to the appropriate congressional
committees a report regarding the cost and effectiveness of
the evaluated approaches.
(g) Communications Operational Plans.--Not later than
December 21, 2020, the Secretary of Homeland Security, after
holding a series of joint meetings with the Secretary of
Defense, the Secretary of Commerce, the Federal
Communications Commission, and the Secretary of
Transportation shall submit to the appropriate congressional
committees a report--
(1) assessing the effects of EMPs and GMDs on critical
communications infrastructure; and
(2) recommending any necessary changes to operational plans
to enhance national response and recovery efforts after an
EMP or GMD.
(h) Technical and Conforming Amendment.--The table of
sections in section 1(b) of the Homeland Security Act of 2002
is amended by striking the item relating to section 320 and
inserting the following:
``Sec. 320. EMP and GMD mitigation research and development and threat
assessment, response, and recovery.''.
SEC. 6007. TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN
MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Subsection (a) of
section 305 of the Servicemembers Civil Relief Act (50 U.S.C.
3955), as amended by section 301 of the Veterans Benefits and
Transition Act of 2018 (Public Law 115-407), is further
amended by adding at the end the following new paragraph:
``(4) Catastrophic injury or illness of lessee.--The spouse
of the lessee on a lease described in subsection (b) may
terminate the lease during the one-year period beginning on
the date on which the lessee incurs a catastrophic injury or
illness (as that term is defined in section 439(g) of title
37, United States Code), if the lessee incurs the
catastrophic injury or illness during a period of military
service or while performing full-time National Guard duty,
active Guard and Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of title 10, United
States Code).''.
(b) Deaths.--Paragraph (3) of such subsection is amended by
striking ``in subsection (b)(1)'' and inserting ``in
subsection (b)''.
SEC. 6008. IMPROVEMENTS TO NETWORK FOR MANUFACTURING
INNOVATION PROGRAM.
(a) Alternate Program Name.--Subsection (a) of section 34
of the National Institute of Standards and Technology Act (15
U.S.C. 278s) is amended by inserting ``or as `Manufacturing
USA' '' after ``as the `Network for Manufacturing Innovation
Program' ''.
(b) Centers for Manufacturing Innovation.--Subsection (c)
of such section is amended--
(1) in subparagraphs (B) and (C)(i) of paragraph (1), by
striking ``and tool development for microelectronics'' both
places it appears and inserting ``tool development for
microelectronics, food manufacturing, superconductors,
advanced battery technologies, robotics, advanced sensors,
quantum information science, supply chain water optimization,
aeronautics and advanced materials, and graphene and graphene
commercialization'';
(2) in paragraph (2)(D), by striking ``and minority'' and
inserting ``, minority, and veteran''; and
(3) in paragraph (3)(A), by striking ``, but such'' and all
that follows through ``under subsection (d)''.
(c) Financial Assistance To Establish and Support Centers
for Manufacturing Innovation.--Subsection (d) of such section
is amended--
(1) in paragraph (1) is amended to read as follows:
``(1) In general.--In carrying out the Program, the
Secretary shall award financial assistance to the following:
``(A) To a person or group of persons to assist the person
or group of persons in planning, establishing, or supporting
a center for manufacturing innovation.
``(B) To a center for manufacturing innovation, including a
center that was not established using Federal funds, to
support workforce development, cross-center projects, and
other efforts which support the purposes of the Program.'';
(2) in paragraphs (2), (3), and (4), by striking ``under
paragraph (1)'' each place it appears and inserting ``under
paragraph (1)(A)'';
(3) in paragraph (4)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``; and'' and inserting a
semicolon;
(ii) in clause (ii)--
(I) by inserting ``, including appropriate measures for
assessing the effectiveness of the activities funded with
regards to the center's success in advancing the current
state of the applicable advanced manufacturing technology
area such as technology readiness level and manufacturing
readiness level,'' after ``measures''; and
(II) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(iii) establish standards for the performance of centers
for manufacturing innovation that are based on the measures
developed under clause (ii); and
``(iv) for each center for manufacturing innovation
supported by the award, 5 years after the initial award and
every 5 years thereafter until Federal funding is
discontinued, conduct an assessment of the center to confirm
whether the performance of the center is meeting the
standards for performance established under clause (iii).'';
(B) in subparagraph (D), by inserting ``, including, as
appropriate, the Department of Agriculture, the Department of
Defense, the Department of Education, the Department of
Energy, the Department of Labor, the Food and Drug
Administration, the National Aeronautics and Space
Administration, the National Institutes of Health, and the
National Science Foundation'' after ``manufacturing''; and
(C) in subparagraph (E)--
(i) in clause (ii), by striking ``without the need for
long-term Federal funding'';
(ii) in clause (iii), by striking ``significantly'';
(iii) in clause (v), by inserting ``and to improve the
domestic supply chain'' after ``technologies''; and
(iv) in clause (ix), by inserting ``industrial, research,
entrepreneurship, and other'' after ``leverage the'';
(4) in paragraph (5)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Performance deficiency.--
``(i) Notice of deficiency.--If the Secretary finds that a
center for manufacturing innovation does not meet the
standards for performance established under clause (iii) of
paragraph (4)(C) during an assessment pursuant to clause (iv)
of such paragraph, the Secretary shall notify the center of
any deficiencies in the performance of the center and provide
the center one year to remedy such deficiencies.
``(ii) Failure to remedy.--If a center for manufacturing
innovation fails to remedy a deficiency identified under
clause (i) or to show significant improvement in performance
one year after notification of a performance deficiency
identified under clause (i), the Secretary shall notify the
center that the center is ineligible for further financial
assistance awarded under paragraph (1) .'';
(B) in subparagraph (B), in the first sentence, by striking
``large capital facilities or equipment purchases'' and
inserting ``satellite centers, large capital facilities,
equipment purchases, workforce development, or general
operations''; and
(C) by striking subparagraph (C); and
(5) by adding at the end the following:
``(6) Use of financial assistance.--Financial assistance
awarded under paragraph (1)(B) may be used to carry out
Program-wide activities directed by the Secretary, such as
activities targeting workforce development.''.
(d) Funding.--Subsection (e)(2) of such section is
amended--
(1) by amending subparagraph (A) to read as follows:
``(A) NIST industrial technical services account.--To the
extent provided for in advance by appropriations Acts, the
Secretary may use amounts appropriated to the Institute for
Industrial Technical Services account to carry out this
section as follows:
``(i) For each of the fiscal years 2015 through 2019, an
amount not to exceed $5,000,000.
``(ii) For each of fiscal years 2020 through 2030, such
amounts as may be necessary to carry out this section.''; and
(2) in subparagraph (B), by striking ``through 2024'' and
inserting ``through 2019''.
(e) National Program Office.--Subsection (f) of such
section is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) by inserting ``coordinate with and, as appropriate,''
before ``enter''; and
(ii) by inserting ``including the Department of
Agriculture, the Department of Defense, the Department of
Education, the Department of Energy, the Department of Labor,
the Food and Drug Administration, the National Aeronautics
and Space Administration, the National Institutes of Health,
and the National Science Foundation,'' after
``manufacturing,'';
(B) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(C) by redesignating subparagraph (F) as subparagraph (J);
and
(D) by inserting after subparagraph (E) the following:
``(F) to carry out pilot programs in collaboration with the
centers for manufacturing innovation such as a laboratory-
embedded entrepreneurship program;
``(G) to provide support services and funding as necessary
to promote workforce development activities;
``(H) to coordinate with centers for manufacturing
innovation to develop best practices for the membership
agreements and coordination of similar project solicitations;
``(I) to collaborate with the Department of Labor, the
Department of Education, industry, career and technical
education schools, local community colleges, universities,
and labor organizations to provide input for the development
of national certifications for advanced manufacturing
workforce skills in the technology areas of the centers for
manufacturing innovation; and'';
(2) in paragraph (3), by inserting ``State, Tribal, and
local governments,'' after ``community colleges,''; and
(3) in paragraph (5)--
[[Page S4032]]
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Liaisons.--
``(i) In general.--The Secretary may provide financial
assistance to a manufacturing extension center established as
part of the Hollings Manufacturing Extension Partnership to
support the purposes of the Program by providing services in
one or more of the following areas:
``(I) Cybersecurity awareness and support services for
small- and medium-sized manufacturers.
``(II) Assistance with workforce development.
``(III) Technology transfer for small and medium-sized
manufacturers.
``(IV) Such other areas as the Secretary determines
appropriate to support the purposes of the Program.
``(ii) Support.--Support under clause (i) may include the
designation of a liaison.''.
(f) Reporting and Auditing.--Subsection (g) of such section
is amended--
(1) in paragraphs (1) and (2), by striking ``under
subsection (d)(1)'' and inserting ``under subsection
(d)(1)(A)'';
(2) in paragraph (2)(A), by striking ``December 31, 2024''
and inserting ``December 31, 2030''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2 years'' and inserting ``3 years''; and
(ii) by striking ``2-year'' and inserting ``3-year''; and
(B) in subparagraph (B), by striking ``December 31, 2024''
and inserting ``December 31, 2030''.
(g) Expansion.--Subject to the availability of
appropriations, the Secretary of Commerce shall increase the
number of centers for manufacturing innovation that
participate in the Network for Manufacturing Innovation
Program.
SEC. 6009. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible recipient defined.--The term `eligible
recipient' means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that is a nonprofit organization, an
institution of higher education, a public-private
partnership, a science or research park, a Federal
laboratory, a venture development organization, or an
economic development organization or similar entity that is
focused primarily on improving science, technology,
innovation, or entrepreneurship; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(2) Regional innovation initiative.--The term `regional
innovation initiative' means a geographically-bounded public
or nonprofit activity or program to address issues in the
local innovation systems in order to--
``(A) increase the success of innovation-driven industry;
``(B) strengthen the competitiveness of industry through
new product innovation and new technology adoption;
``(C) improve the pace of market readiness and overall
commercialization of innovative research;
``(D) enhance the overall innovation capacity and long-term
resilience of the region; and
``(E) leverage the region's unique competitive strengths to
stimulate innovation and to create jobs.
``(3) State.--The term `State' means one of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, or any other territory or
possession of the United States.
``(4) Venture development organization.--The term `venture
development organization' means a State or nonprofit
organization that contributes to regional or sector-based
economic prosperity by providing services for the purposes
of--
``(A) accelerating the commercialization of research;
``(B) strengthening the competitive position of industry
through the development, commercial adoption, or deployment
of technology; and
``(C) providing financial grants, loans, or direct
financial investment to commercialize technology.
``(b) Establishment.--The Secretary shall establish a
regional innovation program to encourage and support the
development of regional innovation strategies designed to
increase innovation-driven economic opportunity within their
respective regions.
``(c) Regional Innovation Grants.--
``(1) Authorization of grants.--As part of the program
established pursuant to subsection (b), the Secretary may
award grants, on a competitive basis, to eligible recipients
for activities designed to develop and support a regional
innovation initiative.
``(2) Permissible activities.--A grant awarded under this
subsection shall be used for multiple activities determined
appropriate by the Secretary, including--
``(A) improving the connectedness and strategic orientation
of the region through planning, technical assistance, and
communication among participants of a regional innovation
initiative;
``(B) attracting additional participants to a regional
innovation initiative;
``(C) increasing the availability and investment of private
and philanthropic financing that supports innovation-based
business ventures;
``(D) completing the research, development and introduction
of new products, processes, and services into the commercial
market;
``(E) increasing the number of full-time equivalent
employment opportunities within innovation-based business
ventures in the geographic region; and
``(F) achieving quantifiable, positive benefits to, or
measurable enhancements for, the economic performance of the
geographic region.
``(3) Restricted activities.--Grants awarded under this
subsection may not be used to pay for--
``(A) costs related to the recruitment, inducement, or
associated financial or tangible incentives that might be
offered to relocate an existing business from a geographic
area to another geographic area; or
``(B) costs associated with offsetting revenues forgone by
one or more taxing authorities through tax incentives, tax
increment financing, special improvement districts, tax
abatements for private development within designated zones or
geographic areas, or other reduction in revenues resulting
from tax credits affecting the geographic region of the
eligible recipients.
``(4) Applications.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(B) Components.--Each application submitted under
subparagraph (A) shall--
``(i) describe the regional innovation initiative;
``(ii) indicate whether the regional innovation initiative
is supported by the private sector, State and local
governments, and other relevant stakeholders;
``(iii) identify what activities the regional innovation
initiative will undertake;
``(iv) describe the expected outcomes of the regional
innovation initiative and how the eligible recipient will
measure progress toward those outcomes;
``(v) indicate whether the participants in the regional
innovation initiative have access to, or contribute to, a
well-trained workforce and other innovation assets that are
critical to the successful outcomes specified in the
application;
``(vi) indicate whether the participants in the regional
innovation initiative are capable of attracting additional
funds from non-Federal sources; and
``(vii) if appropriate for the activities proposed in the
application, analyze the likelihood that the participants in
the regional innovation initiative will be able to sustain
activities after grant funds received under this subsection
have been expended.
``(C) Feedback.--The Secretary shall provide feedback to
program applicants that are not awarded grants to help them
improve future applications.
``(D) Special considerations.--The Secretary shall give
special consideration to--
``(i) applications proposing to include workforce or
training related activities in their regional innovation
initiative from eligible recipients who agree to collaborate
with local workforce investment area boards; and
``(ii) applications from regions that contain communities
negatively impacted by trade.
``(5) Cost share.--The Secretary may not provide more than
50 percent of the total cost of any activity funded under
this subsection.
``(6) Outreach to rural communities.--
``(A) In general.--The Secretary shall conduct outreach to
public and private sector entities in rural communities to
encourage those entities to participate in regional
innovation initiatives under this subsection.
``(B) Justification.--As part of the program established
pursuant to subsection (b), the Secretary, through the
Economic Development Administration, shall submit an annual
report to Congress that explains the balance in the
allocation of grants to eligible recipients under this
subsection between rural and urban areas.
``(7) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(d) Regional Innovation Research and Information
Program.--
``(1) In general.--As part of the program established
pursuant to subsection (b), the Secretary shall establish a
regional innovation research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation initiatives, including
information relating to how innovation, productivity, and
economic development can be maximized through such
strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
initiatives;
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
initiatives, including the extent to which such strategies
[[Page S4033]]
stimulate innovation, productivity, and economic development;
and
``(D) to collect and make available data on regional
innovation initiatives in the United States, including data
on--
``(i) the size, specialization, and competitiveness of
regional innovation initiatives;
``(ii) the regional domestic product contribution, total
jobs and earnings by key occupations, establishment size,
nature of specialization, patents, Federal research and
development spending, and other relevant information for
regional innovation initiatives; and
``(iii) supply chain product and service flows within and
between regional innovation initiatives.
``(2) Research grants.--The Secretary may award research
grants on a competitive basis to support and further the
goals of the program established under this section.
``(3) Dissemination of information.--Data and analysis
compiled by the Secretary under the program established in
this subsection shall be made available to other Federal
agencies, State and local governments, and nonprofit and for-
profit entities.
``(4) Regional innovation grant program.--The Secretary
shall incorporate data and analysis relating to any grant
awarded under subsection (c) into the program established
under this subsection.
``(e) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under
this section are coordinated with, and do not duplicate the
efforts of, other programs at the Department of Commerce or
at other Federal agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multi-agency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the
needs and challenges of small businesses.
``(f) Evaluation.--
``(1) In general.--Not later than 5 years after Congress
first appropriates funds to carry out this section, the
Secretary shall competitively award a contract with an
independent entity to conduct an evaluation of programs
established under this section.
``(2) Requirements.--The evaluation conducted under
paragraph (1) shall include--
``(A) an assessment of whether the program is achieving its
goals;
``(B) the program's efficacy in providing awards to
geographically diverse entities;
``(C) any recommendations for how the program may be
improved; and
``(D) a recommendation as to whether the program should be
continued or terminated.
``(g) Reporting Requirement.--Not later than 5 years after
the first grant is awarded under subsection (c), and every 5
years thereafter until 5 years after the last grant recipient
completes the regional innovation initiative for which such
grant was awarded, the Secretary shall submit a report to
Congress that describes the outcome of each regional
innovation initiative that was completed during the previous
5 years.
``(h) Funding.--From amounts appropriated by Congress for
economic development assistance authorized under section 27
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3722), the Secretary may use up to $50,000,000 in each
of the fiscal years 2020 through 2024 to carry out this
section.''.
SEC. 6010. REPORT ON NATIONAL GUARD AND UNITED STATES
NORTHERN COMMAND CAPACITY TO MEET HOMELAND
DEFENSE AND SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the
National Guard Bureau shall, in consultation with the
Commander of United States Northern Command, submit to the
congressional defense committees a report setting forth the
following:
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the
United States Northern Command, and an identification of
emerging gaps and shortfalls in light of current homeland
security threats to our country.
(2) A list of the resources that each State and Territory
National Guard has at its disposal that are available to
respond to a homeland defense or security incident, with
particular focus on a multi-State electromagnetic pulse
event.
(3) The readiness and resourcing status of forces listed
pursuant to paragraph (2).
(4) The current strengths and areas of improvement in
working with State and Federal interagency partners.
(5) The current assessments that address National Guard
readiness and resourcing of regular United States Northern
Command forces postured to respond to homeland defense and
security incidents.
(6) A roadmap to 2040 that addresses readiness across the
spectrum of long-range emerging threats facing the United
States.
SEC. 6011. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
THE EFFECTS OF CONTINUING RESOLUTIONS ON
READINESS AND PLANNING OF THE DEPARTMENT OF
DEFENSE.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report setting forth a description and
assessment of the effects of continuing resolutions on
readiness and planning of the Department of Defense.
(b) Elements.--The report required by subsection (a) shall
address the following:
(1) The extent to which the acquisition of goods and
services, the support of operational systems, and the
stewardship of installations and facilities by the Department
of Defense are impacted by continuing resolutions, including
the following:
(A) The extent to which continuing resolutions negatively
impact contract fidelity, including Department purchasing
power, and Department leverage in non-pecuniary contract
terms such as contract type and delivery date.
(B) The extent to which the Department pays more, all other
things being equal, because of frequent continuing
resolutions.
(C) An estimate of the total decrease in Department
purchasing power as a result of continuing resolutions.
(D) The extent to which continuing resolutions negatively
impact Department maintenance work.
(2) The effects of preparations for and operations of
Department personnel under continuing resolutions, including
the following:
(A) The time spent by Senior Executive Service personnel
and general and flag officers in preparations for and
responses to the enactment of continuing resolutions, set
forth by average per year and average per continuing
resolution.
(B) The time spent by other Department personnel in
preparations for and implementation of continuing
resolutions.
(C) The extent to which Department personnel take more time
to focus on budget execution under a continuing resolution
when compared with a full year appropriation.
(D) The extent to which continuing resolutions negatively
impact the ability of managers at the Department to hire.
(3) The funding issues of the Department associated with
continuing resolutions, including the extent to which the
Department has requested so-called ``anomalies'' or
exceptions to limitations on duration, amount, or purposes of
funds that otherwise apply to interim funding under
continuing resolutions, including the following (beginning
with fiscal year 2010):
(A) The number and absolute value of programs affected by
continuing resolutions restrictions on new starts.
(B) The number and absolute value of programs affected by
continuing resolutions restrictions on production increases.
(C) The number and absolute value of such exceptions
requested by the Department.
(D) The percentage of such exceptions, in both numbers and
dollar amount, included in continuing resolutions.
(E) The total cumulative delay due to continuing
resolutions in programs funded through procurement or
research, development, test, and evaluation.
(F) The amount by which the budget of the Department has
been misaligned either between or within accounts due to
continuing resolutions, set forth by budget category 050 and
amount, together with adjustments for length of the
continuing resolution concerned.
(c) Continuing Resolution Defined.--In this section, the
term ``continuing resolution'' means a continuing resolution
or similar partial-year appropriation providing funds for the
Department of Defense pending enactment of a full-year
appropriation for the Department.
SEC. 6012. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Federal Emergency
Management Agency;
(3) the term ``public alert and warning system'' means the
integrated public alert and warning system of the United
States described in section 526 of the Homeland Security Act
of 2002 (6 U.S.C. 321o);
(4) the term ``Secretary'' means the Secretary of Homeland
Security; and
(5) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(b) Integrated Public Alert and Warning System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop
minimum requirements for State, Tribal, and local governments
to participate in the public alert and warning system and
that are necessary to maintain the integrity of the public
alert and warning system, including--
(A) guidance on the categories of public emergencies and
appropriate circumstances that warrant an alert and warning
from State, Tribal, and local governments using the public
alert and warning system;
(B) the procedures for State, Tribal, and local government
officials to authenticate civil emergencies and initiate,
modify, and cancel alerts transmitted through the public
alert and warning system, including protocols and technology
capabilities for--
(i) the initiation, or prohibition on the initiation, of
alerts by a single authorized or unauthorized individual;
[[Page S4034]]
(ii) testing a State, Tribal, or local government incident
management and warning tool without accidentally initiating
an alert through the public alert and warning system; and
(iii) steps a State, Tribal, or local government official
should take to mitigate the possibility of the issuance of a
false alert through the public alert and warning system;
(C) the standardization, functionality, and
interoperability of incident management and warning tools
used by State, Tribal, and local governments to notify the
public of an emergency through the public alert and warning
system;
(D) the annual training and recertification of emergency
management personnel on requirements for originating and
transmitting an alert through the public alert and warning
system;
(E) the procedures, protocols, and guidance concerning the
protective action plans that State, Tribal, and local
governments shall issue to the public following an alert
issued under the public alert and warning system;
(F) the procedures, protocols, and guidance concerning the
communications that State, Tribal, and local governments
shall issue to the public following a false alert issued
under the public alert and warning system;
(G) a plan by which State, Tribal, and local government
officials may, during an emergency, contact each other as
well as Federal officials and participants in the Emergency
Alert System and the Wireless Emergency Alert System, when
appropriate and necessary, by telephone, text message, or
other means of communication regarding an alert that has been
distributed to the public; and
(H) any other procedure the Administrator considers
appropriate for maintaining the integrity of and providing
for public confidence in the public alert and warning system.
(2) Coordination with national advisory council report.--
The Administrator shall ensure that the minimum requirements
developed under paragraph (1) do not conflict with
recommendations made for improving the public alert and
warning system provided in the report submitted by the
National Advisory Council under section 2(b)(7)(B) of the
Integrated Public Alert and Warning System Modernization Act
of 2015 (Public Law 114-143; 130 Stat. 332).
(3) Public consultation.--In developing the minimum
requirements under paragraph (1), the Administrator shall
ensure appropriate public consultation and, to the extent
practicable, coordinate the development of the requirements
with stakeholders of the public alert and warning system,
including--
(A) appropriate personnel from Federal agencies, including
the National Institute of Standards and Technology, the
Agency, and the Federal Communications Commission;
(B) representatives of State and local governments and
emergency services personnel, who shall be selected from
among individuals nominated by national organizations
representing those governments and personnel;
(C) representatives of Federally recognized Indian tribes
and national Indian organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(F) third-party service bureaus;
(G) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(H) technical experts from the broadcasting industry;
(I) educators from the Emergency Management Institute; and
(J) other individuals with technical expertise as the
Administrator determines appropriate.
(4) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the public
consultation with stakeholders under paragraph (3).
(c) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a
process to ensure that an incident management and warning
tool used by a State, Tribal, or local government to
originate and transmit an alert through the public alert and
warning system meets the requirements developed by the
Administrator under subsection (b)(1).
(2) Requirements.--The process required to be established
under paragraph (1) shall include--
(A) the ability to test an incident management and warning
tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and
warning tool complies with the applicable cyber frameworks of
the Department of Homeland Security and the National
Institute of Standards and Technology;
(C) a process to certify developers of emergency management
software; and
(D) requiring developers to provide the Administrator with
a copy of and rights of use for ongoing testing of each
version of incident management and warning tool software
before the software is first used by a State, Tribal, or
local government.
(d) Review and Update of Memoranda of Understanding.--
(1) In general.--The Administrator shall review the
memoranda of understanding between the Agency and State,
Tribal, and local governments with respect to the public
alert and warning system to ensure that all agreements ensure
compliance with the requirements developed by the
Administrator under subsection (b)(1).
(e) Future Memoranda.--The Administrator shall ensure that
any new memorandum of understanding entered into between the
Agency and a State, Tribal, or local government on or after
the date of enactment of this Act with respect to the public
alert and warning system ensures that the agreement requires
compliance with the requirements developed by the
Administrator under subsection (b)(1).
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--On and after the date that is 120 days
after the date of enactment of this Act, the authority to
originate an alert warning the public of a missile launch
directed against a State using the public alert and warning
system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary may delegate
the authority described in subparagraph (A) to a State,
Tribal, or local entity if, not later than 180 days after the
date of enactment of this Act, the Secretary submits a report
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives that--
(i) it is not feasible for the Federal Government to alert
the public of a missile threat against a State; or
(ii) it is not in the national security interest of the
United States for the Federal Government to alert the public
of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile
threat, the President, utilizing established authorities,
protocols and procedures, may activate the public alert and
warning system.
(D) Rule of construction.--Nothing in this paragraph shall
be construed to change the command and control relationship
between entities of the Federal Government with respect to
the identification, dissemination, notification, or alerting
of information of missile threats against the United States
that was in effect on the day before the date of enactment of
this Act.
(2) Required processes.--The Secretary, acting through the
Administrator, shall establish a process to promptly notify a
State warning point, and any State entities that the
Administrator determines appropriate, following the issuance
of an alert described in paragraph (1)(A) so the State may
take appropriate action to protect the health, safety, and
welfare of the residents of the State.
(3) Guidance.--The Secretary, acting through the
Administrator, shall work with the Governor of a State
warning point to develop and implement appropriate protective
action plans to respond to an alert described in paragraph
(1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall--
(A) examine the feasibility of establishing an alert
designation under the public alert and warning system that
would be used to alert and warn the public of a missile
threat while concurrently alerting a State warning point so
that a State may activate related protective action plans;
and
(B) submit a report of the findings under subparagraph (A),
including of the costs and timeline for taking action to
implement an alert designation described in subparagraph (A),
to--
(i) the Subcommittee on Homeland Security of the Committee
on Appropriations of the Senate;
(ii) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the
Committee on Appropriations of the House of Representatives;
and
(iv) the Committee on Homeland Security of the House of
Representatives.
(g) Use of Integrated Public Alert and Warning System
Lab.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall--
(1) develop a program to increase the utilization of the
public alert and warning system lab of the Agency by State,
Tribal, and local governments to test incident management and
warning tools and train emergency management professionals on
alert origination protocols and procedures; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
describing--
(A) the impact on utilization of the public alert and
warning system lab by State, Tribal, and local governments
resulting from the program developed under paragraph (1); and
(B) any further recommendations that the Administrator
would make for additional statutory or appropriations
authority necessary to increase the utilization of the public
alert and warning system lab by State, Tribal, and local
governments.
(h) Awareness of Alerts and Warnings.--Not later than 1
year after the date of enactment of this Act, the
Administrator shall--
(1) conduct a review of the National Watch Center and each
Regional Watch Center of the Agency; and
(2) submit to the Committee on Homeland Security and
Governmental Affairs of the
[[Page S4035]]
Senate and the Committee on Homeland Security of the House of
Representatives a report on the review conducted under
paragraph (1), which shall include--
(A) an assessment of the technical capability of the
National and Regional Watch Centers described in paragraph
(1) to be notified of alerts and warnings issued by a State
through the public alert and warning system;
(B) a determination of which State alerts and warnings the
National and Regional Watch Centers described in paragraph
(1) should be aware of; and
(C) recommendations for improving the ability of the
National and Regional Watch Centers described in paragraph
(1) to receive any State alerts and warnings that the
Administrator determines are appropriate.
(i) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules,
regulations, or requirements imposed under this section.
SEC. 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.
(a) Findings.--Congress makes the following findings:
(1) In 1989, a seven-year civil war broke out in Liberia
that--
(A) claimed the lives of an estimated 200,000 people;
(B) displaced over \1/2\ of the Liberian population;
(C) halted food production; and
(D) destroyed the infrastructure and economy of Liberia.
(2) A second civil war then followed from 1999 to 2003,
further destabilizing Liberia and creating more turmoil and
hardship for Liberians.
(3) In total, the two civil wars in Liberia killed up to an
estimated \1/4\ million individuals.
(4) From 2014 to 2016, Liberia faced an Ebola virus
outbreak that devastated the fragile health system of Liberia
and killed nearly 5,000 individuals.
(5) As a result of these devastating events, thousands of
Liberians sought refuge in the United States, living and
working here under Temporary Protected Status (TPS) and
Deferred Enforced Departure (DED), extended under both
Republican and Democratic administrations beginning in 1991
with the administration of President George H. W. Bush.
(6) These law-abiding and taxpaying Liberians have made
homes in the United States, have worked hard, played by the
rules, paid their dues, and submitted to rigorous vetting.
Many such Liberians have United States citizen children who
have served in the Armed Forces, and in some cases have
themselves served in that capacity.
(7) The Liberian community in the United States has also
contributed greatly to private sector investment and
socioeconomic assistance in Liberia by providing remittances
to relatives in Liberia.
(8) While there was a positive development in 2017 with the
first democratic transfer of power in more than 70 years, the
Department of State has identified the capital and most
populous city of Liberia, Monrovia, as being a critical-
threat location for crime. Access to healthcare remains
limited, critical infrastructure is lacking, and widespread
corruption coupled with low wages and a weak economic
recovery has left the country vulnerable to civil unrest.
(b) Report.--
(1) In general.--Not later than December 31, 2019, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the congressional defense committees a
report on the impact of Liberian nationals on the national
security, foreign policy, and economic, and humanitarian
interests of the United States and a justification for
adjustment of status of qualifying Liberians to that of
lawful permanent residents.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) The number of current or former Liberian nationals and
their children who have served or are currently serving in
the Armed Forces.
(B) The amount of remittances sent by current or former
Liberian nationals to relatives in Liberia and an assessment
of the impact on the economic development of Liberia if these
remittances were to cease.
(C) The economic and tax contributions that Liberian
nationals and their children have made to the United States.
(D) An assessment of the impact on the United States of
adjusting the status of Liberian nationals who have
continuous physical presence in the United States beginning
on November 20, 2014, and ending on the date of the enactment
of this Act, or for adjusting the status of the spouses,
children, and unmarried sons or daughters of such Liberian
nationals.
(c) Qualifying Liberian.--
(1) In general.--In this section, the term ``qualifying
Liberian'' means and alien (as defined in section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)) who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the United States
during the period beginning on November 20, 2014, and ending
on the date of the enactment of this Act;
(B) is the spouse, child, or unmarried son or daughter of
an alien described in subparagraph (A);
(C) is otherwise eligible to receive an immigrant visa; and
(D) is admissible to the United States for permanent
residence, except that the grounds of inadmissibility
specified in paragraphs (4), (5), (6)(A), and (7)(A) of
section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)) shall not apply.
(2) Exceptions.--The term ``qualifying Liberian'' does not
include any alien who--
(A) has been convicted of any aggravated felony;
(B) has been convicted of 2 or more crimes involving moral
turpitude (other than a purely political offense); or
(C) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion.
(3) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical
presence referred to in paragraph (1)(A)(ii), an alien shall
not be considered to have failed to maintain continuous
physical presence based on 1 or more absences from the United
States for 1 or more periods amounting, in the aggregate, to
not more than 180 days.
SEC. 6014. IMPROVING QUALITY OF INFORMATION IN BACKGROUND
INVESTIGATION REQUEST PACKAGES.
(a) Report on Metrics and Best Practices.--Not later than
180 days after the date of the enactment of this Act, the
Director of the Defense Counterintelligence and Security
Agency, which serves as the primary executive branch service
provider for background investigations for eligibility for
access to classified information, eligibility to hold a
sensitive position, and for suitability and fitness for other
matters pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability
for Government employment, fitness for contractor employees,
and eligibility for access to classified national security
information), shall, in consultation with the Security,
Suitability, and Credentialing Performance Accountability
Council established under such executive order, submit to
Congress a report on--
(1) metrics for assessing the completeness and quality of
packages for background investigations submitted by agencies
requesting background investigations from the Defense
Counterintelligence and Security Agency;
(2) rejection rates of background investigation submission
packages due to incomplete or erroneous data, by agency; and
(3) best practices for ensuring full and complete
information in background investigation requests.
(b) Annual Report on Performance.--Not later than 270 days
after the date of the enactment of this Act and not less
frequently than once each year thereafter, the Security,
Suitability, and Credentialing Performance Accountability
Council shall submit to Congress a report on performance
against the metrics and return rates identified in paragraphs
(1) and (2) of subsection (a).
(c) Improvement Plans.--
(1) Identification.--Not later than one year after the date
of the enactment of this Act, executive agents under
Executive Order 13467 (50 U.S.C. 3161 note) shall identify
agencies in need of improvement with respect to the quality
of the information in the background investigation
submissions of the agencies as reported in subsection (b).
(2) Plans.--Not later than 90 days after an agency is
identified under paragraph (1), the head of the agency shall
provide the executive agents referred to in such paragraph
with a plan to improve the performance of the agency with
respect to the quality of the information in the agency's
background investigation submissions.
SEC. 6015. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING
STOCK AND OPERATIONS.
Section 5323 of title 49, United States Code, is amended by
adding at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall
not be used in awarding a contract or subcontract to an
entity on or after the date of enactment of this subsection
for the procurement of rolling stock for use in public
transportation if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing facilities in
the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation
based in a country that--
``(i) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this
subsection;
``(ii) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority
foreign country under subsection (a)(2) of that section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974 (19
U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
[[Page S4036]]
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph (5), as
a condition of financial assistance made available in a
fiscal year under section 5337, a recipient that operates
rail fixed guideway service shall certify in that fiscal year
that the recipient will not award any contract or subcontract
for the procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer
described in paragraph (1).
``(B) Separate certification.--The certification required
under this paragraph shall be in addition to any
certification the Secretary establishes to ensure compliance
with the requirements of paragraph (1).
``(5) Exception.--This subsection, including the
certification requirement under paragraph (4), shall not
apply to the award of a contract or subcontract made by a
public transportation agency with a rail rolling stock
manufacturer described in paragraph (1) if the manufacturer
and the public transportation agency have a contract for rail
rolling stock that was executed before the date of enactment
of this subsection.
``(v) Cybersecurity Certification for Rail Rolling Stock
and Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a recipient
that operates a rail fixed guideway public transportation
system shall certify that the recipient has established a
process to develop, maintain, and execute a written plan for
identifying and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the voluntary
standards and best practices developed under section 2(c)(15)
of the National Institute of Standards and Technology Act (15
U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that the recipient
determines should undergo third-party testing and analysis to
mitigate cybersecurity risks, such as hardware or software
for rail rolling stock under proposed procurements; and
``(C) utilize the approach described in any voluntary
standards and best practices for rail fixed guideway public
transportation systems developed under the authority of the
Secretary of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority of--
``(A) the Secretary of Homeland Security to publish or
ensure compliance with requirements or standards concerning
cybersecurity for rail fixed guideway public transportation
systems; or
``(B) the Secretary of Transportation under section 5329 to
address cybersecurity issues as those issues relate to the
safety of rail fixed guideway public transportation
systems.''.
SEC. 6016. SENSE OF CONGRESS ON THE NAMING OF A NAVAL VESSEL
IN HONOR OF SENIOR CHIEF PETTY OFFICER SHANNON
KENT.
(a) Findings.--Congress makes the following findings:
(1) Senior Chief Petty Officer Shannon M. Kent was born in
Owego, New York.
(2) Senior Chief Petty Officer Kent enlisted in the United
States Navy on December 10, 2003.
(3) Senior Chief Petty Officer Kent was fluent in four
languages and four dialects of Arabic.
(4) Senior Chief Petty Officer Kent served five combat
tours throughout 15 years of service in the Navy.
(5) On January 16, 2019, at 35 years of age, Senior Chief
Petty Officer Kent was killed in a suicide bombing in Manbij,
Syria, while supporting Joint Task Force-Operation Inherent
Resolve.
(6) Senior Chief Petty Officer Kent was the recipient of
the Bronze Star, the Purple Heart, two Joint Service
Commendation Medals, the Navy and Marine Corps Commendation
Medal, the Army Commendation Medal, and the Joint Service
Achievement Medal, among other decorations and awards.
(7) Senior Chief Petty Officer Kent was among the first
women to deploy with Special Operations Forces and was the
first female to graduate from the hard skills program for
non-SEALs.
(8) Senior Chief Petty Officer Kent is survived by her
husband and two children.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of the Navy should name the next available
naval vessel appropriate for such name in honor of Senior
Chief Petty Officer Shannon Kent.
SEC. 6017. AUTHORIZATION OF APPROPRIATIONS FOR DEFENSE
PRODUCTION ACT OF 1950.
Section 711 of the Defense Production Act of 1950 (50
U.S.C. 4561) is amended by striking ``$133,000,000'' and all
that follows and inserting the following: ``for the carrying
out of the provisions and purposes of this Act by the
President and such agencies as he may designate or create--
``(1) $250,000,000 for each of fiscal years 2020 through
2024; and
``(2) $133,000,000 for fiscal year 2025 and each fiscal
year thereafter.''.
SEC. 6018. INVESTMENT IN SUPPLY CHAIN SECURITY UNDER DEFENSE
PRODUCTION ACT OF 1950.
(a) In General.--Section 303 of the Defense Production Act
of 1950 (50 U.S.C. 4533) is amended by adding at the end the
following:
``(h) Investment in Supply Chain Security.--
``(1) In general.--The President may make available to an
eligible entity described in paragraph (2) payments to
increase the security of supply chains and supply chain
activities, if the President certifies to Congress not less
than 30 days before making such a payment that the payment is
in the national security interests of the United States.
``(2) Eligible entity.--An eligible entity described in
this paragraph is an entity that--
``(A) is organized under the laws of the United States or
any jurisdiction within the United States; and
``(B) produces--
``(i) one or more critical components;
``(ii) critical technology; or
``(iii) one or more products for the increased security of
supply chains or supply chain activities.
``(3) Definitions.--In this subsection, the terms `supply
chain' and `supply chain activities' have the meanings given
those terms by the President by regulation under section
6019(b) of the National Defense Authorization Act for Fiscal
Year 2020.''.
(b) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall prescribe
regulations setting forth definitions for the terms ``supply
chain'' and ``supply chain activities'' for the purposes of
section 303(h) of the Defense Production Act of 1950 (50
U.S.C. 4533(h)), as added by subsection (a).
(2) Scope of definitions.--The definitions required by
paragraph (1)--
(A) shall encompass--
(i) the organization, people, activities, information, and
resources involved in the delivery and operation of a product
or service used by the Government; or
(ii) critical infrastructure as defined in Presidential
Policy Directive 21 (February 12, 2013; relating to critical
infrastructure security and resilience); and
(B) may include variations for specific sectors or
Government functions.
SEC. 6019. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA
Reauthorization Act of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) an organization representing aircraft users, aircraft
owners, or aircraft pilots.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of the FAA
Reauthorization Act of 2018 (Public Law 115-254).
SEC. 6020. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the
signatories of the Pembina Treaty of 1863, have been
recognized by the Federal Government as distinct Indian
tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more
than 100 years since ceding land in the State of North Dakota
as described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of
June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to
reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934
(25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under
the Act of August 13, 1946 (60 Stat. 1049) (commonly known as
the ``Indian Claims Commission Act''), to petition for
additional compensation for land ceded to the United States
under the Pembina Treaty of 1863 and the McCumber Agreement
of 1892;
[[Page S4037]]
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have
had continuous dealings with the recognized political leaders
of the Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the
Tribe.
(2) Effect of federal laws.--Except as otherwise provided
in this section, all Federal laws (including regulations) of
general application to Indians and Indian tribes, including
the Act of June 18, 1934 (25 U.S.C. 5101 et seq.) (commonly
known as the ``Indian Reorganization Act''), shall apply to
the Tribe and members.
(d) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment of this
Act, the Tribe and each member shall be eligible for all
services and benefits provided by the United States to
Indians and federally recognized Indian tribes, without
regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any member on or near
an Indian reservation.
(2) Service area.--For purposes of the delivery of services
and benefits to members, the service area of the Tribe shall
be considered to be the area comprised of Blaine, Cascade,
Glacier, and Hill Counties in the State of Montana.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes any
right or privilege of the Tribe or any member that existed
before the date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided in this
section, nothing in this section alters or affects any legal
or equitable claim of the Tribe to enforce any right or
privilege reserved by, or granted to, the Tribe that was
wrongfully denied to, or taken from, the Tribe before the
date of enactment of this Act.
(f) Membership Roll.--
(1) In general.--As a condition of receiving recognition,
services, and benefits pursuant to this section, the Tribe
shall submit to the Secretary, by not later than 18 months
after the date of enactment of this Act, a membership roll
consisting of the name of each individual enrolled as a
member of the Tribe.
(2) Determination of membership.--The qualifications for
inclusion on the membership roll of the Tribe shall be
determined in accordance with sections 1 through 3 of article
5 of the constitution of the Tribe dated September 10, 1977
(including amendments to the constitution).
(3) Maintenance of roll.--The Tribe shall maintain the
membership roll under this subsection.
(g) Acquisition of Land.--
(1) Homeland.--The Secretary shall acquire, for the benefit
of the Tribe, trust title to 200 acres of land within the
service area of the Tribe to be used for a tribal land base.
(2) Additional land.--The Secretary may acquire additional
land for the benefit of the Tribe pursuant to section 5 of
the Act of June 18, 1934 (25 U.S.C. 5108) (commonly known as
the ``Indian Reorganization Act'').
SEC. 6021. PENSACOLA DAM AND RESERVOIR, GRAND RIVER,
OKLAHOMA.
(a) Purpose.--The purpose of this section is to clarify
Federal authorities and responsibilities relating to the
Pensacola Dam and Reservoir.
(b) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Conservation pool.--The term ``conservation pool''
means all land and water of Grand Lake O' the Cherokees,
Oklahoma, below elevation 745 feet (Pensacola Datum).
(3) Flood pool.--The term ``flood pool'' means all land and
water of Grand Lake O' the Cherokees, Oklahoma, between
elevation 745 feet and elevation 755 feet (Pensacola Datum).
(4) Project.--The term ``project'' means the Pensacola
Hydroelectric Project (FERC No. 1494).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(c) Conservation Pool Management.--
(1) Federal land.--Notwithstanding section 3(2) of the
Federal Power Act (16 U.S.C. 796(2)), Federal land within the
project boundary, including any right, title, or interest in
or to land held by the United States for any purpose, shall
not be considered to be--
(A) a reservation for purposes of section 4(e) of that Act
(16 U.S.C. 797(e));
(B) land or other property of the United States for
purposes of recompensing the United States for the use,
occupancy, or enjoyment of the land under section 10(e)(1) of
that Act (16 U.S.C. 803(e)(1)); or
(C) land of the United States for purposes of section 24 of
that Act (16 U.S.C. 818).
(2) License conditions.--
(A) In general.--Notwithstanding any other provision of
law, the Commission shall not include in any license for the
project any condition or other requirement relating to--
(i) surface elevations of the conservation pool; or
(ii) the flood pool (except to the extent it references
flood control requirements prescribed by the Secretary); or
(iii) land or water above an elevation of 750 feet
(Pensacola Datum)
(B) Exception.--Notwithstanding subparagraph (A)(i), the
Commission shall, in consultation with the licensee,
prescribe flexible target surface elevations of the
conservation pool to the extent necessary for the protection
of life, health, property, or the environment.
(3) Project scope.--
(A) Licensing jurisdiction.--The licensing jurisdiction of
the Commission for the project shall not extend to any land
or water outside the project boundary.
(B) Outside infrastructure.--Any land, water, or physical
infrastructure or other improvement outside the project
boundary shall not be considered to be part of the project.
(C) Boundary amendment.--
(i) In general.--The Commission shall amend the project
boundary only on request of the project licensee.
(ii) Denial of request.--The Commission may deny a request
to amend a project boundary under clause (i) if the
Commission determines that the request is inconsistent with
the requirements of part I of the Federal Power Act (16
U.S.C. 792 et seq.).
(d) Flood Pool Management.--
(1) Exclusive jurisdiction.--Notwithstanding any other
provision of law, the Secretary shall have exclusive
jurisdiction and responsibility for management of the flood
pool for flood control operations at Grand Lake O' the
Cherokees.
(2) Property acquisition.--If a feasibility study or other
investigation determines that flood control operations at or
associated with Pensacola Dam, including any backwater
effect, may result in the inundation of, or damage to, land
outside the project boundary to which the United States does
not hold flowage rights or holds insufficient flowage rights,
the project licensee shall not have any obligation to obtain
or enhance those flowage rights.
(e) Savings Provision.--Nothing in this section affects,
with respect to the project--
(1) any authority or obligation of the Secretary or the
Chief of Engineers pursuant to section 2 of the Act of June
28, 1938 (commonly known as the ``Flood Control Act of
1938'') (33 U.S.C. 701c-1);
(2) any authority of the Secretary or the Chief of
Engineers pursuant to section 7 of the Act of December 22,
1944 (commonly known as the ``Flood Control Act of 1944'')
(33 U.S.C. 709);
(3) any obligation of the United States to obtain flowage
or other property rights pursuant to the Act of July 31, 1946
(60 Stat. 743, chapter 710);
(4) any obligation of the United States to acquire flowage
or other property rights for additional reservoir storage
pursuant to Executive Order 9839 (12 Fed. Reg. 2447; relating
to the Grand River Dam Project);
(5) any authority of the Secretary to acquire real property
interest pursuant to section 560 of the Water Resources
Development Act of 1996 (Public Law 104-303; 110 Stat. 3783);
(6) any obligation of the Secretary to conduct and pay the
cost of a feasibility study pursuant to section 449 of the
Water Resources Development Act of 2000 (Public Law 106-541;
114 Stat. 2641);
(7) the National Flood Insurance Program established under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
seq.), including any policy issued under that Act; or
(8) any disaster assistance made available under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) or other Federal disaster assistance
program.
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.
(a) Statement of Policy.--It is the policy of the United
States that--
(1) while the United States has long adopted an approach
that takes no position on the ultimate disposition of the
disputed sovereignty claims in the South China Sea, disputing
States should--
(A) resolve their disputes peacefully without the threat or
use of force; and
(B) ensure that their maritime claims are consistent with
international law; and
(2) an attack on the armed forces, public vessels, or
aircraft of the Republic of the Philippines in the Pacific,
including the South China Sea, would trigger the mutual
defense obligations of the United States under Article IV of
the Mutual Defense Treaty between the Republic of the
Philippines and the United States of America, done at
Washington August 30, 1951, ``to meet common dangers in
accordance with its constitutional processes''.
(b) Sense of Senate.--It is the sense of the Senate that
the Secretary of State and the Secretary of Defense should--
(1) affirm the commitment of the United States to the
Mutual Defense Treaty between the United States and the
Republic of the Philippines;
[[Page S4038]]
(2) preserve and strengthen the alliance of the United
States with the Republic of the Philippines;
(3) prioritize efforts to develop a shared understanding of
alliance commitments and defense planning; and
(4) provide appropriate support to the Republic of the
Philippines to strengthen the self-defense capabilities of
the Republic of the Philippines, particularly in the maritime
domain.
SEC. 6202. SENSE OF SENATE ON ENHANCED COOPERATION WITH
PACIFIC ISLAND COUNTRIES TO ESTABLISH OPEN-
SOURCE INTELLIGENCE FUSION CENTERS IN THE INDO-
PACIFIC REGION.
It is the sense of the Senate that--
(1) the Pacific Island countries in the Indo-Pacific region
are critical partners of the United States;
(2) the United States should take steps to enhance
collaboration with Pacific Island countries;
(3) United States Indo-Pacific Command should pursue the
establishment of one or more open-source intelligence fusion
centers in the Indo-Pacific region to enhance cooperation
with Pacific Island countries, which may include
participation in an existing fusion center of a partner or
ally in lieu of establishing an entirely new fusion center;
and
(4) the United States should continue to support the
political, economic, and security partnerships among
Australia, New Zealand, and other Pacific Island countries.
SEC. 6203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL
SECURITY CONTINGENCY FUND.
(a) Ineffectiveness of Section 1203.--Section 1203, and the
amendments made by that section, shall have no force or
effect.
(b) Two-year Extension and Availability of Funds.--Section
1207 of the National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 2151 note) is amended--
(1) in subsection (i)--
(A) in paragraph (1), by striking ``September 30, 2019''
and inserting ``September 30, 2021''; and
(B) by amending paragraph (2) to read as follows:
``(2) Exception.--Amounts appropriated and transferred to
the Fund before September 30, 2019, shall remain available
for obligation and expenditure after that date, but only for
activities under programs commenced under subsection (b)
before September 30, 2019.''; and
(2) in subsection (o)--
(A) in the first sentence, by striking ``September 30,
2019'' and inserting ``September 30, 2021''; and
(B) in the second sentence, by striking ``through 2019''
and inserting ``through 2021''.
SEC. 6204. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON
THE UNITED STATES MUNITIONS LIST TO THE
REPUBLIC OF CYPRUS.
(a) Sense of the Senate on Cyprus.--It is the sense of the
Senate that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of
title 22, Code of Federal Regulations) to the Republic of
Cyprus would advance United States security interests in
Europe by helping to reduce the dependence of the Government
of the Republic of Cyprus on other countries, including
countries that pose challenges to United States interests
around the world, for defense-related materiel; and
(2) it is in the interest of the United States--
(A) to continue to support United Nations-facilitated
efforts toward a comprehensive solution to the division of
Cyprus; and
(B) for the Republic of Cyprus to join NATO's Partnership
for Peace program.
(b) Modification of Prohibition.--Section 620C(e) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2373(e)) is
amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any
agreement''; and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense
article or defense service is the Government of the Republic
of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus
From Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the
enactment of this Act, the Secretary of State shall not apply
a policy of denial for exports, re-exports, or transfers of
defense articles and defense services destined for or
originating in the Republic of Cyprus if--
(A) the request is made by or on behalf of the Government
of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to any
denial based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United
States Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United
States Munitions List to the Republic of Cyprus shall remain
in place unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is continuing
to cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and
is continuing to take the steps necessary to deny Russian
military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SEC. 6205. UNITED STATES-INDIA DEFENSE COOPERATION IN THE
WESTERN INDIAN OCEAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant congressional committees a report on
defense cooperation between the United States and India in
the Western Indian Ocean.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of military activities of the United
States and India, separately, in the Western Indian Ocean.
(B) A description of military cooperation activities
between the United States and India in the areas of
humanitarian assistance, counter terrorism, counter piracy,
maritime security, and other areas as the Secretary
determines appropriate.
(C) A description of how the relevant geographic combatant
commands coordinate their activities with the Indian military
in the Western Indian Ocean.
(D) A description of the mechanisms in place to ensure the
relevant geographic combatant commands maximize defense
cooperation with India in the Western Indian Ocean.
(E) Areas of future opportunity to increase military
engagement with India in the Western Indian Ocean.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Military Cooperation Agreements; Conduct of Regular
Joint Military Training and Operations.--The Secretary of
Defense is authorized to enter into military cooperation
agreements and to conduct regular joint military training and
operations with India in the Western Indian Ocean on behalf
of the United States Government, and after consultation with
the Secretary of State.
(c) Mechanisms to Maximize Defense Cooperation.--The
Secretary of Defense shall ensure that the relevant
geographic combatant commands have proper mechanisms in place
to maximize defense cooperation with India in the Western
Indian Ocean.
(d) Definitions.--In this section:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(2) Relevant geographic combatant commands.--The term
``relevant geographic combatant commands'' means the United
States Indo-Pacific Command, United States Central Command,
and United States Africa Command.
(3) Western indian ocean.--The term ``Western Indian
Ocean'' means the area in the Indian Ocean extending from the
west coast of India to the east coast of Africa.
SEC. 6206. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF
IRAN TO VICTIMS OF TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) On October 23, 1983, terrorists sponsored by the
Government of Iran bombed the United States Marine barracks
in Beirut, Lebanon. The terrorists killed 241 servicemen and
injured scores more.
(2) Those servicemen were killed or injured while on a
peacekeeping mission.
(3) Terrorism sponsored by the Government of Iran threatens
the national security of the United States.
(4) The United States has a vital interest in ensuring that
members of the Armed Forces killed or injured by such
terrorism, and the family members of such members, are able
to seek justice.
(b) Amendments.--Section 502 of the Iran Threat Reduction
and Syria Human Rights Act of 2012 (22 U.S.C. 8772) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the United
States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an asset that
would be blocked if the asset were located in the United
States,'' after ``unblocked)''; and
(C) in the flush text at the end--
(i) by inserting after ``in aid of execution'' the
following: ``, or to an order directing
[[Page S4039]]
that the asset be brought to the State in which the court is
located and subsequently to execution or attachment in aid of
execution,''; and
(ii) by inserting ``, without regard to concerns relating
to international comity'' after ``resources for such an
act'';
(2) in subsection (b)--
(A) by striking ``that are identified'' and inserting the
following: ``that are--
``(1) identified'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings in the
United States District Court for the Southern District of New
York in Peterson et al. v. Islamic Republic of Iran et al.,
Case No. 13 Civ. 9195 (LAP).''; and
(3) by striking subsection (e).
SEC. 6207. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES
WITH CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the heads of appropriate agencies, shall
submit to the appropriate congressional committees a report
on addressing the threat or potential threat posed by the
export, reexport, or in-country transfer of satellites
described in section 1261(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239;
22 U.S.C. 2778 note) to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this subsection is
an entity the beneficial owner of which is--
(A) an individual who is a citizen or national of a country
described in section 1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of or otherwise
subject to the jurisdiction of such a country;
(C) the government of such a country; or
(D) any other individual or entity the Secretary determines
may detrimentally affect the national security of the United
States.
(2) Determination of beneficial ownership.--For purposes of
paragraph (1), the Secretary shall identify a person as the
beneficial owner of an entity--
(A) in a manner that is not less stringent than the manner
set forth in section 240.13d-3 of title 17, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act); and
(B) based on a threshold, to be determined by the
Secretary, based on an assessment of whether the person's
position would give the person an opportunity to control the
use of a satellite described in section 1261(c)(1) of the
National Defense Authorization Act for Fiscal Year 2013 and
exported, reexported, or transferred in country to the
entity.
(c) Elements.--The report required by subsection (a) shall
include the following:
(1) An evaluation of whether satellites described in
section 1261(c)(1) of the National Defense Authorization Act
for Fiscal Year 2013 have been exported, reexported, or
transferred in-country, directly or indirectly, to entities
described in subsection (b).
(2) An examination of the effect on national security of
the potential export, reexport, or in-country transfer of
satellites in compliance with section 1261(c) of the National
Defense Authorization Act for Fiscal Year 2013 in
circumstances in which the services, bandwidth, or functions
of the satellites could subsequently be leased or sold to, or
otherwise used by, an entity described in subsection (b).
(3) An examination of the effect on national security of
not limiting the export, reexport, or in-country transfer of
such satellites to entities described in subsection (b).
(4) Recommendations for, and an assessment of the
effectiveness of, a licensing condition that would prohibit
or limit the export, reexport, or in-country transfer of such
satellites to, or the use of such satellites by, entities
described in subsection (b).
(5) An assessment, based on realistic and justifiable
assumptions and forecasts, of the economic implications of
and potential harm caused by a licensing condition described
in paragraph (4) on the United States industries that develop
or produce satellites and commercial telecommunications
equipment that do not have direct national security ties,
including any costs identified under paragraph (3).
(6) An evaluation of the resources necessary to ensure the
ability of the Bureau of Industry and Security of the
Department of Commerce--
(A) to adequately identify and analyze the beneficial
owners of entities in decisions relating to--
(i) issuing licenses for the export, reexport, or in-
country transfer of such satellites to such entities; or
(ii) the ultimate end uses and end-users of such
satellites; and
(B) when evaluating such a decision--
(i) to have full knowledge of the potential end-user of the
satellite and the current beneficial owner of the entity; and
(ii) to be able to determine whether issuing the license
would be inconsistent with the goal of preventing entities
described in subsection (b) from accessing or using such
satellites.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Energy and Commerce, the
Committee on Foreign Affairs, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 6208. SENSE OF CONGRESS ON HONG KONG PORT VISITS.
It is the sense of Congress that the Department of Defense
should continue to make regular requests to the Government of
the People's Republic of China for the Navy to conduct port
calls to Hong Kong, including United States aircraft carrier
visits.
SEC. 6209. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
(a) Findings.--Congress makes the following findings:
(1) The United States policy toward Hong Kong is guided by
the United States-Hong Kong Policy Act of 1992 (Public Law
102-383; 106 Stat. 1448) (referred to in this section as the
``Act''), which reaffirms that ``The Hong Kong Special
Administrative Region of the People's Republic of China,
beginning on July 1, 1997, will continue to enjoy a high
degree of autonomy on all matters other than defense and
foreign affairs.''.
(2) The Act furthermore states that ``The human rights of
the people of Hong Kong are of great importance to the United
States and are directly relevant to United States interests
in Hong Kong.''.
(3) Pursuant to section 301 of the Act (22 U.S.C. 5731),
the annual report issued by the Department of State on
developments in Hong Kong (referred to in this section as the
``Report''), released on March 21, 2019, states that
``Cooperation between the United States Government and the
Hong Kong government remains broad and effective in many
areas, providing significant benefits to the United States
economy and homeland security.''.
(4) The Report states that ``the Chinese mainland central
government implemented or instigated a number of actions that
appeared inconsistent with China's commitments in the Basic
Law, and in the Sino-British Joint Declaration of 1984, to
allow Hong Kong to exercise a high degree of autonomy.''.
(5) The Report furthermore states that the ``Hong Kong
authorities took actions aligned with mainland priorities at
the expense of human rights and fundamental freedoms. There
were particular setbacks in democratic electoral processes,
freedom of expression, and freedom of association.''.
(6) On June 10, 2019, the spokesporson for the Department
of State issued a statement expressing ``grave concern about
the Hong Kong government's proposed amendments to its
Fugitive Offenders Ordinance, which, if passed, would permit
Chinese authorities to request the extradition of individuals
to mainland China.''.
(7) According to media reports, in June 2019, over
1,000,000 residents of Hong Kong have taken part in
demonstrations against the proposed amendments to the
Fugitive Offenders Ordinance.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the government of the People's Republic of China and
the Hong Kong Special Administrative Region of the People's
Republic of China authorities should immediately cease taking
all actions that undermine Hong Kong's autonomy and
negatively impact the protections of fundamental human
rights, freedoms, and democratic values of the people of Hong
Kong, as enshrined in the Act, Hong Kong's Basic Law of 1997,
and the Sino-British Joint Declaration of 1984;
(2) the Hong Kong Special Administrative Region of the
People's Republic of China authorities should immediately
withdraw from consideration the proposed amendments to its
Fugitive Offenders Ordinance and refrain from any unwarranted
use of force against the protestors that is inconsistent with
internationally recognized law enforcement best practices;
and
(3) the United States should impose financial sanctions,
visa bans, and other punitive economic measures against all
individuals or entities violating the fundamental human
rights and freedoms of the people of Hong Kong, consistent
with United States and international law.
SEC. 6210. EXTENSION AND MODIFICATION OF LIMITATION ON
MILITARY COOPERATION BETWEEN THE UNITED STATES
AND THE RUSSIAN FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), as
most recently amended by section 1247 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is further amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal year 2017, 2018, or 2019'' and inserting ``fiscal
year 2017, 2018, 2019, or 2020'';
(2) in paragraph (1) by striking ``; and'';
(3) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
[[Page S4040]]
(4) by adding at the end the following new paragraph:
``(3) the Russian Federation has released the 24 Ukrainian
sailors captured in the Kerch Strait on November 25, 2018.''.
SEC. 6211. REVIEW AND REPORT ON OBLIGATIONS OF THE UNITED
STATES UNDER TAIWAN RELATIONS ACT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and a
critical element of the free and open Indo-Pacific region;
(2) for 40 years, the Taiwan Relations Act (22 U.S.C. 3301
et seq.) has secured peace, stability, and prosperity and
provided enormous benefits to the United States, Taiwan, and
the Indo-Pacific region; and
(3) the United States should reaffirm that the policy of
the United States toward diplomatic relations with the
People's Republic of China rests upon the expectation that
the future of Taiwan will be determined by peaceful means, as
described in that Act (22 U.S.C. 3301 et seq.).
(b) Review.--The Secretary of Defense, in coordination with
the Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable, the
Government of the People's Republic of China is affecting,
including through military, economic, information, digital,
diplomatic, or any other form of coercion--
(A) the security, or the social and economic system, of the
people of Taiwan;
(B) the military balance of power between the People's
Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue
to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with
respect to the implementation of the 2017 National Security
Strategy and the 2018 National Defense Strategy.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to
the appropriate committees of Congress a report on the review
under subsection (b).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) Recommendations on legislative changes or Department of
Defense or Department of State policy changes necessary to
ensure that the United States continues to meets its
obligations to Taiwan under the Taiwan Relations Act (22
U.S.C. 3301 et seq.).
(B) Guidelines for--
(i) new defense requirements, including requirements
relating to information and digital space;
(ii) exchanges between senior-level civilian and military
officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles, especially
defense articles that are mobile, survivable, and cost
effective, to most effectively deter attacks and support the
asymmetric defense strategy of Taiwan.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 6212. IMPLEMENTATION OF THE ASIA REASSURANCE INITIATIVE
ACT WITH REGARD TO TAIWAN ARMS SALES.
(a) Findings.--Congress makes the following findings:
(1) The Department of Defense Indo-Pacific Strategy Report,
released on June 1, 2019, states: ``[T]he Asia Reassurance
Initiative Act, a major bipartisan legislation, was signed
into law by President Trump on December 31, 2018. This
legislation enshrines a generational whole-of-government
policy framework that demonstrates U.S. commitment to a free
and open Indo-Pacific region and includes initiatives that
promote sovereignty, rule of law, democracy, economic
engagement, and regional security.''.
(2) The Indo-Pacific Strategy Report further states: ``The
United States has a vital interest in upholding the rules-
based international order, which includes a strong,
prosperous, and democratic Taiwan. . .The Department [of
Defense] is committed to providing Taiwan with defense
articles and services in such quantity as may be necessary to
enable Taiwan to maintain a sufficient self-defense
capability.''.
(3) Section 209(b) of the Asia Reassurance Initiative Act
of 2018 (Public Law 115-409), signed into law on December 31,
2018--
(A) builds on longstanding commitments enshrined in the
Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide
Taiwan with defense articles; and
(B) states: ``The President should conduct regular
transfers of defense articles to Taiwan that are tailored to
meet the existing and likely future threats from the People's
Republic of China, including supporting the efforts of Taiwan
to develop and integrate asymmetric capabilities, as
appropriate, including mobile, survivable, and cost-effective
capabilities, into its military forces.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Asia Reassurance Initiative Act of 2018 (Public Law
115-409) has recommitted the United States to support the
close, economic, political, and security relationship between
the United States and Taiwan; and
(2) the United States should fully implement the provisions
of that Act with regard to regular defensive arms sales to
Taiwan.
(c) Briefing.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, or their designees, shall brief the
appropriate committees of Congress on the efforts to
implement section 209(b) of the Asia Reassurance Initiative
Act of 2018 (Public Law 115-409).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 6213. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCES
COMMAND.
(a) In General.--Subchapter II of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 314 North Atlantic Treaty Organization Joint Forces
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 Forces Command (in this section referred
to as the `Joint Forces 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 Forces
Command.
``(c) Availability of Funds.--Amounts appropriated to the
Department of Defense for fiscal year 2020 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 16 of title 10, United
States Code, is amended by adding at the end the following
new item:
``314. 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.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State and the Director of
National Intelligence, shall submit to the appropriate
committees of Congress the following:
(1) A report on the military activities of the Russian
Federation in the Arctic region.
(2) A report on the military activities of the People's
Republic of China in the Arctic region.
(b) Matters to Be Included.--The reports under subsection
(a) shall include, with respect to the Russian Federation or
the People's Republic of China, as applicable, the following:
(1) A description of military activities of such country in
the Arctic region, including--
(A) the emplacement of military infrastructure, equipment,
or forces;
(B) any exercises or other military activities; and
(C) activities that are non-military in nature, but are
considered to have military implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities affect or threaten
the interests of the United States and allies in the Arctic
region; and
(C) any response to such activities by the United States or
allies.
(3) A description of future plans and requirements with
respect to such activities.
(c) Form.--Each report under subsection (a) shall be
submitted in classified form, but may include an unclassified
executive summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 6215. EFFORTS TO ENSURE MEANINGFUL PARTICIPATION OF
AFGHAN WOMEN IN PEACE NEGOTIATIONS IN
AFGHANISTAN.
(a) In General.--The Secretary of State, in coordination
with the Secretary of Defense, shall carry out activities to
ensure the meaningful participation of Afghan women in the
ongoing peace process in Afghanistan in a manner consistent
with the Women, Peace, and Security Act of 2017 (22 U.S.C.
2151 note; Public Law 115-68), which shall include--
(1) continued United States Government advocacy for the
inclusion of Afghan women leaders in ongoing and future
negotiations to end the conflict in Afghanistan; and
(2) support for the inclusion of constitutional protections
on women's and girls' human rights that ensure their freedom
of movement, rights to education and work, political
participation, and access to
[[Page S4041]]
healthcare and justice in any agreement reached through
intra-Afghan negotiations, including negotiations with the
Taliban.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report describing
the steps taken to fulfill the duties of the Secretary of
State and the Secretary of Defense under subsection (a).
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 6216. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN
INFLUENCE BY THE RUSSIAN FEDERATION AND OTHER
COUNTRIES.
(a) In General.--The Secretary of Defense and the Secretary
of State, in coordination with the appropriate United States
Government officials, shall jointly update, with the
additional elements described in subsection (b), the
comprehensive strategy to counter the threat of malign
influence developed pursuant to section 1239A of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1667).
(b) Additional Elements.--The updated strategy required
under subsection (a) shall include the following:
(1) With respect to each element specified in paragraphs
(1) through (7) of subsection (b) of such section 1239A,
actions to counter the threat of malign influence operations
by the People's Republic of China and any other country
engaged in significant malign influence operations.
(2) A description of the interagency organizational
structures and procedures for coordinating the implementation
of the comprehensive strategy for countering malign influence
by the Russian Federation, the People's Republic of China,
and any other country engaged in significant malign influence
operations.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
committees of Congress a report detailing the updated
strategy required under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress'' has
the meaning given the term in subsection (e) of such section
1239A.
SEC. 6217. MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
Paragraph (1) of section 1225(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 127 Stat. 3550) is
amended--
(1) in the paragraph heading by inserting ``and taking into
account the august 2017 strategy of the united states'' after
``2014''; and
(2) in subparagraph (B)--
(A) by striking the period at the end and inserting a
semicolon;
(B) by striking ``in the assessment of any such'' and
inserting ``in the assessment of--
``(i) any such''; and
(C) by adding at the end the following new clauses:
``(ii) the United States counterterrorism mission; and
``(iii) efforts by the Department of Defense to support
reconciliation efforts and develop conditions for the
expansion of the reach of the Government of Afghanistan
throughout Afghanistan.''.
SEC. 6218. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF S-
400 AIR DEFENSE SYSTEM.
It is the sense of Congress that--
(1) Turkey is an important North Atlantic Treaty
Organization ally and military partner;
(2) the acquisition by the Government of Turkey of the S-
400 air defense system from the Russian Federation--
(A) undermines--
(i) the security interests of the United States; and
(ii) the air defense of Turkey;
(B) weakens the interoperability of the North Atlantic
Treaty Organization; and
(C) is incompatible with the plan of the Government of
Turkey--
(i) to accept delivery of and operate the F-35 aircraft;
and
(ii) to continue to participate in F-35 aircraft production
and maintenance;
(3) the United States and other member countries of the
North Atlantic Treaty Organization have put forth several
viable and competitive proposals to protect the vulnerable
airspace of Turkey and to ensure the security and integrity
of Turkey as a North Atlantic Treaty Organization ally;
(4) Russian Federation aggression on the periphery of
Turkey, including in Georgia, Ukraine, the Black Sea, and
Syria, and especially the indiscriminate bombing by the
Russian Federation of the Idlib province of Syria on the
border of Turkey and the incursions of Russian Federation
warplanes into the airspace of Turkey on November 24, 2015,
and other occasions, endangers the security of Turkey;
(5) the termination of the participation of Turkey in the
F-35 program and supply chain, which may still be avoided if
the Government of Turkey abandons its planned acquisition of
the S-400 air defense system, would cause significant harm to
the growing defense industry and economy of Turkey; and
(6) if the Government of Turkey accepts delivery of the S-
400 air defense system--
(A) such acceptance would--
(i) constitute a significant transaction within the meaning
of section 231(a) of the Countering Russian Influence in
Europe and Eurasia Act of 2017 (22 U.S.C. 9525(a));
(ii) endanger the integrity of the North Atlantic Treaty
Organization Alliance and pose a significant threat to
Turkey;
(iii) adversely affect ongoing operations of the United
States Armed Forces, including coalition operations in which
the United States Armed Forces participate;
(iv) result in a significant impact to defense cooperation
between the United States and Turkey; and
(v) significantly increase the risk of compromising United
States defense systems and operational capabilities; and
(B) the President should fully implement the Countering
Russian Influence in Europe and Eurasia Act of 2017 (Public
Law 115-44; 131 Stat. 886) by imposing and applying sanctions
under section 235 of that Act (22 U.S.C. 9529) with respect
to any individual or entity determined to have engaged in
such significant transaction as if such person were a
sanctioned person for purposes of such section.
SEC. 6219. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION
OF NATIONAL SECURITY ACADEMIC RESEARCHERS FROM
UNDUE INFLUENCE AND OTHER SECURITY THREATS.
Paragraph (2) of section 1286(c) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended to read as follows:
``(2) Training, developed and delivered in consultation
with academic institutions, and other support to academic
institutions to promote security and limit undue influence on
institutions and personnel, including financial support for
execution for such activities, that--
``(A) emphasizes best practices for protection of sensitive
national security information; and
``(B) includes the dissemination of unclassified
publications and resources for identifying and protecting
against emerging threats to academic research institutions,
including specific counterintelligence guidance developed for
faculty and academic researchers based on specific
threats.''.
SEC. 6231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.
The text of subsection (a) of section 1231 is hereby deemed
to read as follows:
``(a) Prohibition.--None of the funds authorized to be
appropriated by this Act for fiscal year 2020 for the
Department of Defense may be obligated or expended to
implement any activity that recognizes the sovereignty of the
Russian Federation over Crimea, and the Department may not
otherwise implement any such activity.''.
SEC. 6236. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO THE
REPUBLIC OF TURKEY.
The text of subsection (a) of section 1236 preceding
paragraph (1) is hereby deemed to read as follows:
``(a) Limitation.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2020 for the Department of Defense, may be
used to do the following, and the Department may not
otherwise do the following:''.
TITLE LXIV--OTHER AUTHORIZATIONS
SEC. 6401. ASSESSMENT OF RARE EARTH SUPPLY CHAIN ISSUES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Defense Logistics Agency, shall submit to
Congress a report assessing issues relating to the supply
chain for rare earth materials.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An assessment of the rare earth materials in the
reserves held by the United States.
(2) A estimate of the needs of the United States for such
materials--
(A) in general; and
(B) to support a major near-peer conflict such as is
outlined in war game scenarios included in the 2018 National
Defense Strategy.
(3) An assessment of the extent to which substitutes for
such materials are available.
SEC. 6422. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE
ARMED FORCE RETIREMENT HOME.
Section 1422, and the amendments made by that section,
shall have no force or effect.
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.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
conduct a review of the research of the Joint Improvised-
Threat Defeat Organization to identify information that may
be released to United States humanitarian demining
organizations
[[Page S4042]]
for the purpose of improving the efficiency and effectiveness
of humanitarian demining efforts.
(b) Report to Congress.--The Secretary shall submit a
report to the congressional defense committees detailing the
research identified under subsection (a).
Subtitle B--Inspectors General Matters
SEC. 6511. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN
OVERSEAS CONTINGENCY OPERATION BASED ON
SECRETARY OF DEFENSE NOTIFICATION.
(a) Notification on Commencement of OCO.--Section 113 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(n) Notification of Certain Overseas Contingency
Operations for Purposes of Inspector General Act of 1978.--
The Secretary of Defense shall provide the Chair of the
Council of Inspectors General on Integrity and Efficiency
written notification of the commencement or designation of a
military operation as an overseas contingency operation upon
the earlier of--
``(1) a determination by the Secretary that the overseas
contingency operation is expected to exceed 60 days; or
``(2) the date on which the overseas contingency operation
exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on
Notification.--Section 8L of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement'' and all that
follows through ``the Chair'' and inserting ``The Chair'';
and
(B) by inserting before the period at the end the
following: ``upon the earlier of--
``(1) the commencement or designation of a military
operation as an overseas contingency operation that exceeds
60 days; or
``(2) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''; and
(2) in subsection (d)(1), by striking ``the commencement or
designation of the military operation concerned as an
overseas contingency operation that exceeds 60 days'' and
inserting ``the earlier of--
``(A) the commencement or designation of the military
operation concerned as an overseas contingency operation that
exceeds 60 days; or
``(B) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''.
SEC. 6512. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL
FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d)(2) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to exercise'' and all that
follows through ``such matter'' and inserting ``to identify
and coordinate with the Inspector General who has principal
jurisdiction over the matter to ensure effective oversight'';
and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the Inspector General
with principal jurisdiction over a matter with respect to the
contingency operation, and with the approval of the lead
Inspector General, an Inspector General specified in
subsection (c) may provide investigative support or conduct
an independent investigation of an allegation of criminal
activity by any United States personnel, contractor,
subcontractor, grantee, or vendor in the applicable theater
of operations.
``(II) In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to the contingency operation, the
lead Inspector General may--
``(aa) conduct an independent investigation of an
allegation described in subclause (I); or
``(bb) request that an Inspector General specified in
subsection (c) conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among Inspectors General and
encourage comprehensive oversight of the contingency
operation, any Inspector General responsible for conducting
oversight of any program or operation performed in support of
the contingency operation may, to the maximum extent
practicable and consistent with the duties, responsibilities,
policies, and procedures of such Inspector General--
``(i) coordinate such oversight activities with the lead
Inspector General; and
``(ii) provide information requested by the lead Inspector
General relating to the responsibilities of the lead
Inspector General described in subparagraphs (B), (C), and
(G).''.
SEC. 6513. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS
GENERAL FOR OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in paragraph (2)(E), by inserting ``(without regard to
subsection (b)(2) of such section)'' after ``United States
Code,'';
(2) in paragraph (3), by amending subparagraph (C) to read
as follows:
``(C)(i) An annuitant receiving an annuity under the
Foreign Service Retirement and Disability System or the
Foreign Service Pension System under chapter 8 of title I of
the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who
is reemployed under this subsection--
``(I) shall continue to receive the annuity; and
``(II) shall not be considered a participant for purposes
of chapter 8 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4041 et seq.) or an employee for purposes of
subchapter III of chapter 83 or chapter 84 of title 5, United
States Code.
``(ii) An annuitant described in clause (i) may elect in
writing for the reemployment of the annuitant under this
subsection to be subject to section 824 of the Foreign
Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant
shall make an election under this clause not later than 90
days after the date of the reemployment of the annuitant.'';
and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for
an overseas contingency operation under this section shall
acquire competitive status for appointment to any position in
the competitive service for which the employee possesses the
required qualifications upon the completion of 2 years of
continuous service as an employee under this section.
``(B) No person who is first employed as described in
subparagraph (A) more than 2 years after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 may acquire competitive status under
subparagraph (A).''.
TITLE LXVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
SEC. 6601. ANNUAL REPORT ON DEVELOPMENT OF GROUND-BASED
STRATEGIC DETERRENT WEAPON.
(a) Report Required.--Not later than February 15, 2020, and
annually thereafter until the date on which the ground-based
strategic deterrent weapon receives Milestone C approval (as
defined in section 2366 of title 10, United States Code), the
Secretary of the Air Force, in coordination with the
Administrator for Nuclear Security and the Chairman of the
Nuclear Weapons Council, shall submit to the congressional
defense committees a report describing the joint development
of the ground-based strategic deterrent weapon, including the
missile developed by the Air Force and the W87-1 warhead
modification program conducted by the National Nuclear
Security Administration.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) An estimate of the date on which the ground-based
strategic deterrent weapon will reach initial operating
capability.
(2) A description of any development milestones for the
missile developed by the Air Force or the warhead developed
by the National Nuclear Security Administration that depend
on corresponding progress at the other agency.
(3) A description of coordination efforts between the Air
Force and the National Nuclear Security Administration during
the year preceding submission of the report.
(4) A description of any schedule delays projected by the
Air Force or the National Nuclear Security Administration,
including delays related to infrastructure capacity and
subcomponent production, and the anticipated effect such
delays would have on the schedule of work of the other
agency.
(5) Plans to mitigate the effects of any delays described
in paragraph (4).
(6) A description of any ways, including through the
availability of additional funding or authorities, in which
the development milestones described in paragraph (2) or the
estimated date of initial operating capability referred to in
paragraph (1) could be achieved more quickly.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
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.
(a) Findings.--The Senate makes the following findings:
(1) Land-based intercontinental ballistic missiles (in this
section referred to as ``ICBMs'') have been a critical part
of the strategic deterrent of the United States for 6 decades
in conjunction with air and sea-based strategic delivery
systems.
(2) President John F. Kennedy referred to the deployment of
the first Minuteman missile during the Cuban Missile Crisis
as his ``ace in the hole''.
(3) The Minuteman III missile entered service in 1970 and
is still deployed in 2019, well beyond its originally
intended service life.
(4) The ICBM force of the United States peaked at more than
1,200 deployed missiles during the Cold War.
(5) The ICBM force of the United States currently consists
of approximately 400 Minuteman III missiles deployed across
450 operational missile silos, each carrying a single
warhead.
(6) The Russian Federation currently deploys at least 300
ICBMs with multiple warheads loaded on each missile and has
announced plans to replace its Soviet-era systems with
modernized ICBMs.
(7) The People's Republic of China currently deploys at
least 75 ICBMs and plans to grow its ICBM force through the
deployment of modernized, road-mobile ICBMs that carry
multiple warheads.
(8) The Russian Federation and the People's Republic of
China deploy nuclear weapons across a variety of platforms in
addition to their ICBM forces.
(9) Numerous countries possess or are seeking to develop
nuclear weapons capabilities
[[Page S4043]]
that pose challenges to the nuclear deterrence of the United
States.
(10) The nuclear deterrent of the United States is
comprised of a triad of delivery systems for nuclear weapons,
including submarine-launched ballistic missiles (in this
subsection referred to as ``SLBMs''), air-delivered gravity
bombs and cruise missiles, and land-based ballistic missiles
that provide interlocking and mutually reinforcing attributes
that enhance strategic deterrence.
(11) Weakening one leg of the triad limits the deterrent
value of the other legs of the triad.
(12) In the nuclear deterrent of the United States, ICBMs
provide commanders with the most prompt response capability,
SLBMs provide stealth and survivability, and aircraft armed
with nuclear weapons provide flexibility.
(13) The ICBM force of the United States forces any would-
be attacker to confront more than 400 discrete targets, thus
creating an effectively insurmountable targeting problem for
a potential adversary.
(14) The size, dispersal, and global reach of the ICBM
force of the United States ensures that no adversary can
escalate a crisis beyond the ability of the United States to
respond.
(15) A potential attacker would be forced to expend far
more warheads to destroy the ICBMs of the United States than
the United States would lose in an attack, because of the
deployment of a single warhead on each ICBM of the United
States.
(16) The ICBM force provides a persistent deterrent
capability that reinforces strategic stability.
(17) ICBMs are the cheapest delivery system for nuclear
weapons for the United States to operate and maintain.
(18) United States Strategic Command has validated military
requirements for the unique capabilities of ICBMs.
(19) In a 2014 analysis of alternatives, the Air Force
concluded that replacing the Minuteman III missile would
provide upgraded capabilities at lower cost when compared
with extending the service life of the Minuteman III missile.
(20) The Minuteman III replacement program, known as the
ground-based strategic deterrent, is expected to provide a
land-based strategic deterrent capability for 5 decades after
the program enters service.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) land-based ICBMs have certain characteristics,
including responsiveness, persistence, and dispersal, that
enhance strategic stability and magnify the deterrent value
of the air and sea-based legs of the nuclear triad of the
United States;
(2) ICBMs have played and continue to play a role in
deterring attacks on the United States and its allies;
(3) while arms control agreements have reduced the size of
the ICBM force of the United States, adversaries of the
United States continue to enhance, enlarge, and modernize
their ICBM forces;
(4) the modernization of the ICBM force of the United
States through the ground-based strategic deterrent program
should be supported;
(5) ICBMs have the lowest operation, maintenance, and
modernization costs of any part of the nuclear deterrent of
the United States; and
(6) unilaterally reducing the size of the ICBM force of the
United States or delaying the implementation of the ground-
based strategic deterrent program would degrade the deterrent
capabilities of a fully operational and modernized nuclear
triad and should not take place at the present time.
SEC. 6603. REPORTS BY MILITARY DEPARTMENTS ON OPERATION OF
CONVENTIONAL FORCES UNDER EMPLOYMENT OR THREAT
OF EMPLOYMENT OF NUCLEAR WEAPONS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force,
the Secretary of the Army, the Secretary of the Navy, and the
Commandant of the Marine Corps shall each submit to the
congressional defense committees a report detailing the
measures taken by the appropriate Secretary or the Commandant
to ensure the ability of conventional forces to operate
effectively under employment or threat of employment of
nuclear weapons by the United States, an ally of the United
States, or an adversary of the United States.
(b) Form of Report.--Each report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
SEC. 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.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Commander of the United States
European Command and the Commander of the United States Indo-
Pacific Command, in consultation with the Commander of the
United States Strategic Command, shall each submit to the
congressional defense committees a report detailing the
measures taken by the Commander to ensure the ability of
conventional forces under the authority of the Commander to
execute contingency plans under employment or threat of
employment of nuclear weapons by the United States, an ally
of the United States, or an adversary of the United States.
(b) Form of Report.--The report required by subsection (a)
shall be submitted in classified form but shall be
accompanied by an unclassified summary appropriate for
release to the public.
SEC. 6605. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER
RED TEAM CAPABILITIES, CAPACITY, DEMAND, AND
REQUIREMENTS.
(a) Joint Assessment Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Defense shall, in coordination with the Chief Information
Officer of the Department of Defense, Principal Cyber
Advisor, and the Director of Operational Test and
Evaluation--
(1) conduct a joint assessment of Department cyber red team
capabilities, capacity, demand, and future requirements that
affect the Department's ability to develop, test, and
maintain secure systems in a cyber environment; and
(2) brief the congressional defense committees on the
results of the joint assessment.
(b) Elements.--The joint assessment required by subsection
(a)(1) shall--
(1) specify demand for cyber red team support for
acquisition and operations;
(2) specify shortfalls in meeting demand and future
requirements, disaggregated by the Department of Defense and
by each of the military departments;
(3) examine funding and retention initiatives to increase
cyber red team capacity to meet demand and future
requirements identified to support the testing, training, and
development communities;
(4) examine the feasibility and benefit of developing and
procuring a common Red Team Integrated Capabilities Stack
that better utilizes increased capacity of cyber ranges and
better models the capabilities and tactics, techniques, and
procedures of adversaries;
(5) examine the establishment of oversight and assessment
metrics for Department cyber red teams;
(6) assess the implementation of common development for
tools, techniques, and training;
(7) assess potential industry and academic partnerships and
services;
(8) assess the mechanisms and procedures in place to
deconflict red-team activities and defensive cyber operations
on active networks;
(9) assess the use of Department cyber personnel in
training as red team support;
(10) assess the use of industry and academic partners and
contractors as red team support and the cost- and resource-
effectiveness of such support; and
(11) assess the need for permanent, high-end dedicated red-
teaming activities to model sophisticated adversaries'
attacking critical Department systems and infrastructure.
SEC. 6606. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the Defense
Counterintelligence and Security Agency.
(b) Contents.--The report submitted under subsection (a)
shall include the following:
(1) Identification of the resources and authorities
appropriate for the Inspector General for the expanded
purview of the Defense Counterintelligence and Security
Agency.
(2) Identification of the resources and authorities needed
to perform the civil liberties and privacy officer function
of the Defense Counterintelligence and Security Agency.
(3) An assessment of the security protocols in effect for
personally identifiable information held by the Defense
Counterintelligence and Security Agency.
(4) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to the Department of Defense, including with respect to
status, authorities, and leadership.
(5) An assessment of the governance structure of the
Defense Counterintelligence and Security Agency as it relates
to interagency partners, including the Office of Management
and Budget, the Office of the Director of National
Intelligence, and the Office of Personnel Management.
(6) The methodology the Defense Counterintelligence and
Security Agency will prioritize requests for background
investigation requests from government agencies and industry.
SEC. 6664. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.
The text of subsection (a) of section 1664 is hereby deemed
to read as follows:
``(a) Prohibition.--Except as provided in subsection (b),
none of the funds authorized to be appropriated by this Act
for fiscal year 2020 for the Department of Defense may be
obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
``(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the
United States.
``(2) Reduce, or prepare to reduce, the quantity of
deployed intercontinental ballistic missiles of the United
States to a number less than 400.''.
[[Page S4044]]
TITLE LXVII--PFAS RELEASE DISCLOSURE, DETECTION, AND SAFE DRINKING
WATER ASSISTANCE
SEC. 6701. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
Subtitle A--PFAS Release Disclosure
SEC. 6711. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definition of Toxics Release Inventory.--In this
section, the term ``toxics release inventory'' means the
toxics release inventory under section 313(c) of the
Emergency Planning and Community Right-To-Know Act of 1986
(42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e), beginning
January 1 of the calendar year following the date of
enactment of this Act, the following chemicals shall be
deemed to be included in the toxics release inventory:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) The salt associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service No. 3825-26-1).
(C) Perfluorooctane sulfonic acid (commonly referred to as
``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
(D) The salts associated with the chemical described in
subparagraph (C) (Chemical Abstract Service Nos. 45298-90-6,
29457-72-5, 56773-42-3, 29081-56-9, 4021-47-0, 111873-33-7,
and 91036-71-4).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances that is--
(i) listed as an active chemical substance in the February
2019 update to the inventory under section 8(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
(ii) on the date of enactment of this Act, subject to the
provisions of--
(I) section 721.9582 of title 40, Code of Federal
Regulations; or
(II) section 721.10536 of title 40, Code of Federal
Regulations.
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting the chemicals described in paragraph (1) under
section 313(f)(1) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100
pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--Subject to subsection (e), a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances shall be
automatically included in the toxics release inventory
beginning January 1 of the calendar year after any of the
following dates:
(A) Establishment of toxicity value.--The date on which the
Administrator establishes a toxicity value for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(B) Significant new use rule.--The date on which the
Administrator finalizes a significant new use rule under
subsection (a)(2) of section 5 of the Toxic Substances
Control Act (15 U.S.C. 2604), except a significant new use
rule promulgated in connection with an order issued under
subsection (e) of that section, for the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances.
(C) Addition to existing significant new use rule.--The
date on which the perfluoroalkyl or polyfluoroalkyl substance
or class of perfluoroalkyl or polyfluoroalkyl substances is
added to a list of substances covered by a significant new
use rule previously promulgated under subsection (a)(2) of
section 5 of the Toxic Substances Control Act (15 U.S.C.
2604), except a significant new use rule promulgated in
connection with an order issued under subsection (e) of that
section.
(D) Addition as active chemical substance.--The date on
which the perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances that is
on a list of substances covered by a significant new use rule
under subsection (a)(2) of section 5 of the Toxic Substances
Control Act (15 U.S.C. 2604), except a significant new use
rule promulgated in connection with an order issued under
subsection (e) of that section, is--
(i) added to the inventory under subsection (b)(1) of
section 8 of the Toxic Substances Control Act (15 U.S.C.
2607) and designated as an active chemical substance under
subsection (b)(5)(A) of that section; or
(ii) designated as an active chemical substance on the
inventory in accordance with subsection (b)(5)(B) of that
section.
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting under section 313(f)(1) of the Emergency
Planning and Community Right-To-Know Act of 1986 (42 U.S.C.
11203(f)(1)) the substances and classes of substances
included in the toxics release inventory under paragraph (1)
is 100 pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the thresholds under
subparagraph (A) is warranted; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under section
313(f)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--To the extent not already subject to
subsection (b), not later than 2 years after the date of
enactment of this Act, the Administrator shall determine
whether the substances and classes of substances described in
paragraph (2) meet the criteria described in section
313(d)(2) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the
toxics release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl
and polyfluoroalkyl substances and classes of perfluoroalkyl
and polyfluoroalkyl substances, including--
(A) hexafluoropropylene oxide dimer acid (Chemical
Abstracts Service No. 13252-13-6);
(B) the compounds associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service Nos. 62037-80-3
and 2062-98-8);
(C) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid]
ammonium salt (Chemical Abstracts Service No. 908020-52-0);
(D) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts
Service No. 2479-75-6);
(E) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propionic acid (Chemical Abstracts Service
No. 2479-73-4);
(F) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid]
(Chemical Abstracts Service No. 919005-14-4);
(G) the salts associated with the chemical described in
subparagraph (F) (Chemical Abstracts Service Nos. 958445-44-
8, 1087271-46-2, and NOCAS_892452);
(H) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts Service No.
59587-38-1);
(I) perfluorobutanesulfonic acid (Chemical Abstracts
Service No. 375-73-5);
(J) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
potassium salt (Chemical Abstracts Service No. 29420-49-3);
(K) the component associated with the chemical described in
subparagraph (J) (Chemical Abstracts Service No. 45187-15-3);
(L) heptafluorobutyric acid (Chemical Abstracts Service No.
375-22-4);
(M) perfluorohexanoic acid (Chemical Abstracts Service No.
307-24-4);
(N) each perfluoroalkyl or polyfluoroalkly substance or
class of perfluoroalkyl or polyfluoroalkyl substances for
which a method to measure levels in drinking water has been
validated by the Administrator; and
(O) a perfluoroalkyl and polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances other than
the chemicals described in subparagraphs (A) through (N) that
is used to manufacture fluoropolymers, as determined by the
Administrator.
(3) Addition to toxics release inventory.--Subject to
subsection (e), if the Administrator determines under
paragraph (1) that a substance or a class of substances
described in paragraph (2) meets the criteria described in
section 313(d)(2) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the
Administrator shall revise the toxics release inventory to
include that substance or class of substances not later than
2 years after the date on which the Administrator makes the
determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics release
inventory pursuant to subsection (b)(1), (c)(1), or (d)(3)
any perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances the chemical
identity of which is subject to a claim of a person of
protection from disclosure under subsection (a) of section
552 of title 5, United States Code, pursuant to subsection
(b)(4) of that section, the Administrator shall--
(A) review that claim of protection from disclosure; and
(B) require that person to reassert and substantiate or
resubstantiate that claim in accordance with section 14(f) of
the Toxic Substances Control Act (15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If the
Administrator determines that the chemical identity of a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances qualifies for
protection from disclosure under paragraph (1), the
Administrator shall include the substance or class of
substances, as applicable, on the toxics release inventory in
a manner that does not disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of
1986.--Section 313(c) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``are those chemicals'' and inserting the
following: ``are--
[[Page S4045]]
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included under subsections (b)(1),
(c)(1), and (d)(3) of section 6711 of the National Defense
Authorization Act for Fiscal Year 2020.''.
Subtitle B--Drinking Water
SEC. 6721. NATIONAL PRIMARY DRINKING WATER REGULATIONS FOR
PFAS.
Section 1412(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(2)) is amended by adding at the end the
following:
``(D) Perfluoroalkyl and polyfluoroalkyl substances.--
``(i) In general.--Not later than 2 years after the date of
enactment of this subparagraph, the Administrator shall
promulgate a national primary drinking water regulation for
perfluoroalkyl and polyfluoroalkyl substances, which shall,
at a minimum, include standards for--
``(I) perfluorooctanoic acid (commonly referred to as
`PFOA'); and
``(II) perfluorooctane sulfonic acid (commonly referred to
as `PFOS').
``(ii) Alternative procedures.--
``(I) In general.--Not later than 1 year after the
validation by the Administrator of an equally effective
quality control and testing procedure to ensure compliance
with that national primary drinking water regulation to
measure the levels described in subclause (II) or other
methods to detect and monitor perfluoroalkyl and
polyfluoroalkyl substances in drinking water, the
Administrator shall add the procedure or method as an
alternative to the quality control and testing procedure
described in that national primary drinking water regulation
by publishing the procedure or method in the Federal
Register.
``(II) Levels described.--The levels referred to in
subclause (I) are--
``(aa) the level of a perfluoroalkyl or polyfluoroalkyl
substance;
``(bb) the total levels of perfluoroalkyl and
polyfluoroalkyl substances; and
``(cc) the total levels of organic fluorine.
``(iii) Inclusions.--The Administrator may include a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances on--
``(I) the list of contaminants for consideration of
regulation under paragraph (1)(B)(i); and
``(II) the list of unregulated contaminants to be monitored
under section 1445(a)(2)(B)(i).
``(iv) Monitoring.--When establishing monitoring
requirements for public water systems as part of a national
primary drinking water regulation under clause (i) or clause
(vi)(II), the Administrator shall tailor the monitoring
requirements for public water systems that do not detect or
are reliably and consistently below the maximum contaminant
level (as defined in section 1418(b)(2)(B)) for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances subject to the
national primary drinking water regulation.
``(v) Health risk reduction and cost analysis.--In meeting
the requirements of paragraph (3)(C), the Administrator may
rely on information available to the Administrator with
respect to 1 or more specific perfluoroalkyl or
polyfluoroalkyl substances to extrapolate reasoned
conclusions regarding the health risks and effects of a class
of perfluoroalkyl or polyfluoroalkyl substances of which the
specific perfluoroalkyl or polyfluoroalkyl substances are a
part.
``(vi) Regulation of additional substances.--
``(I) Determination.--The Administrator shall make a
determination under paragraph (1)(A), using the criteria
described in clauses (i) through (iii) of that paragraph,
whether to include a perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances in the national primary drinking water regulation
under clause (i) not later than 18 months after the later
of--
``(aa) the date on which the perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances is listed on the list of
contaminants for consideration of regulation under paragraph
(1)(B)(i); and
``(bb) the date on which--
``(AA) the Administrator has received the results of
monitoring under section 1445(a)(2)(B) for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substance; or
``(BB) the Administrator has received finished water data
or finished water monitoring surveys for the perfluoroalkyl
or polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances from a Federal or State agency
that the Administrator determines to be sufficient to make a
determination under paragraph (1)(A).
``(II) Primary drinking water regulations.--
``(aa) In general.--For each perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances that the Administrator determines
to regulate under subclause (I), the Administrator--
``(AA) not later than 18 months after the date on which the
Administrator makes the determination, shall propose a
national primary drinking water regulation for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances; and
``(BB) may publish the proposed national primary drinking
water regulation described in subitem (AA) concurrently with
the publication of the determination to regulate the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
``(bb) Deadline.--
``(AA) In general.--Not later than 1 year after the date on
which the Administrator publishes a proposed national primary
drinking water regulation under item (aa)(AA) and subject to
subitem (BB), the Administrator shall take final action on
the proposed national primary drinking water regulation.
``(BB) Extension.--The Administrator, on publication of
notice in the Federal Register, may extend the deadline under
subitem (AA) by not more than 6 months.
``(vii) Lifetime drinking water health advisory.--
``(I) In general.--Subject to subclause (II), the
Administrator shall publish a health advisory under paragraph
(1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances not
later than 1 year after the later of--
``(aa) the date on which the Administrator finalizes a
toxicity value for the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances; and
``(bb) the date on which the Administrator validates an
effective quality control and testing procedure for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substance, if such a
procedure did not exist on the date on which the toxicity
value described in item (aa) was finalized.
``(II) Waiver.--The Administrator may waive the
requirements of subclause (I) with respect to a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl and polyfluoroalkyl substances if the
Administrator determines that there is a substantial
likelihood that the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances will not occur in drinking water.''.
SEC. 6722. MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
(1) In general.--The Administrator shall include each
substance described in paragraph (2) in the fifth publication
of the list of unregulated contaminants to be monitored under
section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42
U.S.C. 300j-4(a)(2)(B)(i)).
(2) Substances described.--The substances referred to in
paragraph (1) are perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances--
(A) for which a method to measure the level in drinking
water has been validated by the Administrator; and
(B) that are not subject to a national primary drinking
water regulation under clause (i) or (vi)(II) of subparagraph
(D) of section 1412(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(2)).
(3) Exception.--The perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances included in the list of unregulated contaminants
to be monitored under section 1445(a)(2)(B)(i) of the Safe
Drinking Water Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under
paragraph (1) shall not count towards the limit of 30
unregulated contaminants to be monitored by public water
systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving more than 10,000
persons to monitor for the substances described in subsection
(a)(2);
(B) subject to paragraph (2) and the availability of
appropriations, require public water systems serving not
fewer than 3,300 and not more than 10,000 persons to monitor
for the substances described in subsection (a)(2); and
(C) subject to paragraph (2) and the availability of
appropriations, ensure that only a representative sample of
public water systems serving fewer than 3,300 persons are
required to monitor for the substances described in
subsection (a)(2).
(2) Requirement.--If the Administrator determines that
there is not sufficient laboratory capacity to carry out the
monitoring required under subparagraphs (B) and (C) of
paragraph (1), the Administrator may waive the monitoring
requirements in those subparagraphs.
(3) Funds.--The Administrator shall pay the reasonable cost
of such testing and laboratory analysis as is necessary to
carry out the monitoring required under paragraph (1) from--
(A) funds made available under subsection (a)(2)(H) or
(j)(5) of section 1445 of the Safe Drinking Water Act (42
U.S.C. 300j-4); or
(B) any other funds made available for that purpose.
SEC. 6723. ENFORCEMENT.
Notwithstanding any other provision of law, the
Administrator may not impose financial penalties for the
violation of a national primary drinking water regulation (as
defined in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)) with respect to a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances for which a national primary
drinking water regulation has been promulgated under clause
(i) or (vi) of subparagraph
[[Page S4046]]
(D) of section 1412(b)(2) of the Safe Drinking Water Act (42
U.S.C. 300g-1(b)(2)) earlier than the date that is 5 years
after the date on which the Administrator promulgates the
national primary drinking water regulation.
SEC. 6724. DRINKING WATER STATE REVOLVING FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C.
300j-12) is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(G) Emerging contaminants.--
``(i) In general.--Notwithstanding any other provision of
law and subject to clause (ii), amounts deposited under
subsection (t) in a State loan fund established under this
section may only be used to provide grants for the purpose of
addressing emerging contaminants, with a focus on
perfluoroalkyl and polyfluoroalkyl substances.
``(ii) Requirements.--
``(I) Small and disadvantaged communities.--Not less than
25 percent of the amounts described in clause (i) shall be
used to provide grants to--
``(aa) disadvantaged communities (as defined in subsection
(d)(3)); or
``(bb) public water systems serving fewer than 25,000
persons.
``(II) Priorities.--In selecting the recipient of a grant
using amounts described in clause (i), a State shall use the
priorities described in subsection (b)(3)(A).
``(iii) No increased bonding authority.--The amounts
deposited in the State loan fund of a State under subsection
(t) may not be used as a source of payment of, or security
for (directly or indirectly), in whole or in part, any
obligation the interest on which is exempt from the tax
imposed under chapter 1 of the Internal Revenue Code of
1986.'';
(2) in subsection (m)(1), in the matter preceding
subparagraph (A), by striking ``this section'' and inserting
``this section, except for subsections (a)(2)(G) and (t)'';
and
(3) by adding at the end the following:
``(t) Emerging Contaminants.--
``(1) In general.--Amounts made available under this
subsection shall be allotted to a State as if allotted under
subsection (a)(1)(D) as a capitalization grant, for deposit
into the State loan fund of the State, for the purposes
described in subsection (a)(2)(G).
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $100,000,000
for each of fiscal years 2020 through 2024, to remain
available until expended.''.
Subtitle C--PFAS Detection
SEC. 6731. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of
the United States Geological Survey.
(2) Perfluorinated compound.--
(A) In general.--The term ``perfluorinated compound'' means
a perfluoroalkyl substance or a polyfluoroalkyl substance
that is manmade with at least 1 fully fluorinated carbon
atom.
(B) Definitions.--In this definition:
(i) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(ii) Nonfluorinated carbon atom.--The term ``nonfluorinated
carbon atom'' means a carbon atom on which no hydrogen
substituents have been replaced by fluorine.
(iii) Partially fluorinated carbon atom.--The term
``partially fluorinated carbon atom'' means a carbon atom on
which some, but not all, of the hydrogen substituents have
been replaced by fluorine.
(iv) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a manmade chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(v) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a manmade chemical containing a mix of
fully fluorinated carbon atoms, partially fluorinated carbon
atoms, and nonfluorinated carbon atoms.
SEC. 6732. PERFORMANCE STANDARD FOR THE DETECTION OF
PERFLUORINATED COMPOUNDS.
(a) In General.--The Director shall establish a performance
standard for the detection of perfluorinated compounds.
(b) Emphasis.--
(1) In general.--In developing the performance standard
under subsection (a), the Director shall emphasize the
ability to detect as many perfluorinated compounds present in
the environment as possible using analytical methods that--
(A) achieve limits of quantitation (as defined in the
document of the United States Geological Survey entitled
``Analytical Methods for Chemical Analysis of Geologic and
Other Materials, U.S. Geological Survey'' and dated 2002);
and
(B) are as sensitive as is feasible and practicable.
(2) Requirement.--In developing the performance standard
under subsection (a), the Director may--
(A) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(B) develop a training program with respect to the
appropriate method of sample collection and analysis of
perfluorinated compounds; and
(C) coordinate with the Administrator, including, if
appropriate, coordinating to develop media-specific,
validated analytical methods to detect individual and
different perfluorinated compounds simultaneously.
SEC. 6733. NATIONWIDE SAMPLING.
(a) In General.--The Director shall carry out a nationwide
sampling to determine the concentration of perfluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under section 6732(a).
(b) Requirements.--In carrying out the sampling under
subsection (a), the Director shall--
(1) first carry out the sampling at sources of drinking
water near locations with known or suspected releases of
perfluorinated compounds;
(2) when carrying out sampling of sources of drinking water
under paragraph (1), carry out the sampling prior to any
treatment of the water;
(3) survey for ecological exposure to perfluorinated
compounds, with a priority in determining direct human
exposure through drinking water; and
(4) consult with--
(A) States to determine areas that are a priority for
sampling; and
(B) the Administrator--
(i) to enhance coverage of the sampling; and
(ii) to avoid unnecessary duplication.
(c) Report.--Not later than 90 days after the completion of
the sampling under subsection (a), the Director shall prepare
a report describing the results of the sampling and submit
the report to--
(1) the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate;
(2) the Committee on Energy and Commerce of the House of
Representatives;
(3) the Senators of each State in which the Director
carried out the sampling; and
(4) each Member of the House of Representatives that
represents a district in which the Director carried out the
sampling.
SEC. 6734. DATA USAGE.
(a) In General.--The Director shall provide the sampling
data collected under section 6733 to--
(1) the Administrator; and
(2) other Federal and State regulatory agencies on request.
(b) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
SEC. 6735. COLLABORATION.
In carrying out this subtitle, the Director shall
collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
SEC. 6736. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to
carry out this subtitle--
(1) $5,000,000 for fiscal year 2020; and
(2) $10,000,000 for each of fiscal years 2021 through 2024.
Subtitle D--Safe Drinking Water Assistance
SEC. 6741. DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means any
physical, chemical, biological, or radiological substance or
matter in water.
(2) Contaminant of emerging concern; emerging
contaminant.--The terms ``contaminant of emerging concern''
and ``emerging contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated a
national primary drinking water regulation; and
(B) that may have an adverse effect on the health of
individuals.
(3) Federal research strategy.--The term ``Federal research
strategy'' means the coordinated cross-agency plan for
addressing critical research gaps related to detecting,
assessing exposure to, and identifying the adverse health
effects of emerging contaminants in drinking water developed
by the Office of Science and Technology Policy in response to
the report of the Committee on Appropriations of the Senate
accompanying S. 1662 of the 115th Congress (S. Rept. 115-
139).
(4) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical methods for the
detection of contaminants;
(ii) understanding the strengths and limitations of the
analytical methods described in clause (i);
(iii) troubleshooting the analytical methods described in
clause (i);
(B) providing advice on laboratory certification program
elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper analytical
techniques;
(E) identifying appropriate technology for the treatment of
contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be otherwise obtained in a
practicable manner otherwise; and
(ii) the capability and capacity to perform the analysis is
available at a Federal facility.
(5) Working group.--The term ``Working Group'' means the
Working Group established under section 6742(b)(1).
[[Page S4047]]
SEC. 6742. RESEARCH AND COORDINATION PLAN FOR ENHANCED
RESPONSE ON EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the development of
treatment methods for emerging contaminants; and
(B) to assist States in responding to the human health
risks posed by contaminants of emerging concern; and
(2) in collaboration with owners and operators of public
water systems, States, and other interested stakeholders,
establish a strategic plan for improving the Federal efforts
referred to in paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Secretary of
Health and Human Services shall jointly establish a Working
Group to coordinate the activities of the Federal Government
to identify and analyze the public health effects of drinking
water contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency, appointed by the
Administrator.
(B) The following agencies, appointed by the Secretary of
Health and Human Services:
(i) The National Institutes of Health.
(ii) The Centers for Disease Control and Prevention.
(iii) The Agency for Toxic Substances and Disease Registry.
(C) The United States Geological Survey, appointed by the
Secretary of the Interior.
(D) Any other Federal agency the assistance of which the
Administrator determines to be necessary to carry out this
subsection, appointed by the head of the respective agency.
(3) Existing working group.--The Administrator may expand
or modify the duties of an existing working group to perform
the duties of the Working Group under this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy (referred to in this subsection as the
``Director'') shall coordinate with the heads of the agencies
described in subparagraph (C) to establish a research
initiative, to be known as the ``National Emerging
Contaminant Research Initiative'', that shall--
(i) use the Federal research strategy to improve the
identification, analysis, monitoring, and treatment methods
of contaminants of emerging concern; and
(ii) develop any necessary program, policy, or budget to
support the implementation of the Federal research strategy,
including mechanisms for joint agency review of research
proposals, for interagency cofunding of research activities,
and for information sharing across agencies.
(B) Research on emerging contaminants.--In carrying out
subparagraph (A), the Director shall--
(i) take into consideration consensus conclusions from
peer-reviewed, pertinent research on emerging contaminants;
and
(ii) in consultation with the Administrator, identify
priority emerging contaminants for research emphasis.
(C) Federal participation.--The agencies referred to in
subparagraph (A) include--
(i) the National Science Foundation;
(ii) the National Institutes of Health;
(iii) the Environmental Protection Agency;
(iv) the National Institute of Standards and Technology;
(v) the United States Geological Survey; and
(vi) any other Federal agency that contributes to research
in water quality, environmental exposures, and public health,
as determined by the Director.
(D) Participation from additional entities.--In carrying
out subparagraph (A), the Director shall consult with
nongovernmental organizations, State and local governments,
and science and research institutions determined by the
Director to have scientific or material interest in the
National Emerging Contaminant Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year after the date on
which the Director and heads of the agencies described in
paragraph (1)(C) establish the National Emerging Contaminant
Research Initiative under paragraph (1)(A), the head of each
agency described in paragraph (1)(C) shall--
(i) issue a solicitation for research proposals consistent
with the Federal research strategy; and
(ii) make grants to applicants that submit research
proposals selected by the National Emerging Contaminant
Research Initiative in accordance with subparagraph (B).
(B) Selection of research proposals.--The National Emerging
Contaminant Research Initiative shall select research
proposals to receive grants under this paragraph on the basis
of merit, using criteria identified by the Director,
including the likelihood that the proposed research will
result in significant progress toward achieving the
objectives identified in the Federal research strategy.
(C) Eligible entities.--Any entity or group of 2 or more
entities may submit to the head of each agency described in
paragraph (1)(C) a research proposal in response to the
solicitation for research proposals described in subparagraph
(A)(i), including--
(i) State and local agencies;
(ii) public institutions, including public institutions of
higher education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a
study on actions the Administrator can take to increase
technical assistance and support for States with respect to
emerging contaminants in drinking water samples.
(B) Contents of study.--In carrying out the study described
in subparagraph (A), the Administrator shall identify--
(i) methods and effective treatment options to increase
technical assistance and support with respect to emerging
contaminants to States, including identifying opportunities
for States to improve communication with various audiences
about the risks associated with emerging contaminants;
(ii) means to facilitate access to qualified contract
testing laboratory facilities that conduct analyses for
emerging contaminants; and
(iii) actions to be carried out at existing Federal
laboratory facilities, including the research facilities of
the Administrator, to provide technical assistance and
support for States that require testing facilities for
emerging contaminants.
(C) Availability of analytical resources.--In carrying out
the study described in subparagraph (A), the Administrator
shall consider--
(i) the availability of--
(I) Federal and non-Federal laboratory capacity; and
(II) validated methods to detect and analyze contaminants;
and
(ii) other factors determined to be appropriate by the
Administrator.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report describing the results of the study
described in paragraph (1).
(3) Program to provide federal assistance to states.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, based on the findings in the report
described in paragraph (2), the Administrator shall develop a
program to provide technical assistance and support to
eligible States for the testing and analysis of emerging
contaminants.
(B) Application.--
(i) In general.--To be eligible for technical assistance
and support under this paragraph, a State shall submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(ii) Criteria.--The Administrator shall evaluate an
application for technical assistance and support under this
paragraph on the basis of merit using criteria identified by
the Administrator, including--
(I) the laboratory facilities available to the State;
(II) the availability and applicability of existing
analytical methodologies;
(III) the potency and severity of the emerging contaminant,
if known; and
(IV) the prevalence and magnitude of the emerging
contaminant.
(iii) Prioritization.--In selecting States to receive
technical assistance and support under this paragraph, the
Administrator--
(I) shall give priority to States with affected areas
primarily in financially distressed communities;
(II) may--
(aa) waive the application process in an emergency
situation; and
(bb) require an abbreviated application process for the
continuation of work specified in a previously approved
application that continues to meet the criteria described in
clause (ii); and
(III) shall consider the relative expertise and
availability of--
(aa) Federal and non-Federal laboratory capacity available
to the State;
(bb) analytical resources available to the State; and
(cc) other types of technical assistance available to the
State.
(C) Database of available resources.--The Administrator
shall establish and maintain a database of resources
available through the program developed under subparagraph
(A) to assist States with testing for emerging contaminants
that--
(i) is--
(I) available to States and stakeholder groups determined
by the Administrator to have scientific or material interest
in emerging contaminants, including--
(aa) drinking water and wastewater utilities;
(bb) laboratories;
(cc) Federal and State emergency responders;
(dd) State primacy agencies;
(ee) public health agencies; and
(ff) water associations;
(II) searchable; and
(III) accessible through the website of the Administrator;
and
(ii) includes a description of--
[[Page S4048]]
(I) qualified contract testing laboratory facilities that
conduct analyses for emerging contaminants; and
(II) the resources available in Federal laboratory
facilities to test for emerging contaminants.
(D) Water contaminant information tool.--The Administrator
shall integrate the database established under subparagraph
(C) into the Water Contaminant Information Tool of the
Environmental Protection Agency.
(4) Funding.--Of the amounts available to the
Administrator, the Administrator may use not more than
$15,000,000 in a fiscal year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years
until 2029, the Administrator shall submit to Congress a
report that describes the progress made in carrying out this
subtitle.
(f) Effect.--Nothing in this section modifies any
obligation of a State, local government, or Indian Tribe with
respect to treatment methods for, or testing or monitoring
of, drinking water.
Subtitle E--Miscellaneous
SEC. 6751. PFAS DATA CALL.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) PFAS data.--Not later than January 1, 2023, the
Administrator shall promulgate a rule in accordance with this
subsection requiring each person who has manufactured a
chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance in any year since January 1, 2006,
to submit to the Administrator a report that includes, for
each year since January 1, 2006, the information described in
paragraph (2).''.
SEC. 6752. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.
Not later than June 22, 2020, the Administrator shall take
final action on the significant new use rule proposed by the
Administrator under the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) in the proposed rule entitled ``Long-
Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate
Chemical Substances; Significant New Use Rule'' (80 Fed. Reg.
2885 (January 21, 2015)).
SEC. 6753. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall publish
interim guidance on the destruction and disposal of
perfluoroalkyl and polyfluoroalkyl substances and materials
containing perfluoroalkyl and polyfluoroalkyl substances,
including--
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles treated with perfluoroalkyl and
polyfluoroalkyl substances; and
(4) spent filters, membranes, and other waste from water
treatment.
(b) Considerations; Inclusions.--The interim guidance under
subsection (a) shall--
(1) take into consideration--
(A) the potential for releases of perfluoroalkyl and
polyfluoroalkyl substances during destruction or disposal,
including through volatilization, air dispersion, or
leachate; and
(B) potentially vulnerable populations living near likely
destruction or disposal sites; and
(2) provide guidance on testing and monitoring air,
effluent, and soil near potential destruction or disposal
sites for releases described in paragraph (1)(A).
(c) Revisions.--The Administrator shall publish revisions
to the interim guidance under subsection (a) as the
Administrator determines to be appropriate, but not less
frequently than once every 3 years.
SEC. 6754. PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the
Assistant Administrator for the Office of Research and
Development, shall--
(1)(A) further examine the effects of perfluoroalkyl and
polyfluoroalkyl substances on human health and the
environment; and
(B) make publicly available information relating to the
findings under subparagraph (A);
(2) develop a process for prioritizing which perfluoroalkyl
and polyfluoroalkyl substances, or classes of perfluoroalkyl
and polyfluoroalkyl substances, should be subject to
additional research or regulatory efforts that is based on--
(A) the potential for human exposure to the substances or
classes of substances;
(B) the potential toxicity of the substances or classes of
substances; and
(C) information available about the substances or classes
of substances;
(3) develop new tools to characterize and identify
perfluoroalkyl and polyfluoroalkyl substances in the
environment, including in drinking water, wastewater, surface
water, groundwater, solids, and the air;
(4) evaluate approaches for the remediation of
contamination by perfluoroalkyl and polyfluoroalkyl
substances in the environment; and
(5) develop and implement new tools and materials to
communicate with the public about perfluoroalkyl and
polyfluoroalkyl substances.
(b) Funding.--There is authorized to be appropriated to the
Administrator to carry out this section $15,000,000 for each
of fiscal years 2020 through 2024.
TITLE LXVIII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
SEC. 6801. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 6802. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from September 2017 through September 2018 more than
48,200 people in the United States died from an opioid
overdose, with synthetic opioids (excluding methadone),
contributing to a record 31,900 overdose deaths. While drug
overdose death estimates from methadone, semi-synthetic
opioids, and heroin have decreased in recent months, overdose
deaths from synthetic opioids have continued to increase.
(2) Congress and the President have taken a number of
actions to combat the demand for illicit opioids in the
United States, including enacting into law the SUPPORT for
Patients and Communities Act (Public Law 115-271; 132 Stat.
3894). While new statutes and regulations have reduced the
rate of opioid prescriptions in recent years, fully
addressing the United States opioid crisis will involve
dramatically restricting the foreign supply of illicit
opioids.
(3) The People's Republic of China is the world's largest
producer of illicit fentanyl, fentanyl analogues, and their
immediate precursors. From the People's Republic of China,
those substances are shipped primarily through express
consignment carriers or international mail directly to the
United States, or, alternatively, shipped directly to
transnational criminal organizations in Mexico, Canada, and
the Caribbean.
(4) The United States and the People's Republic of China,
Mexico, and Canada have made important strides in combating
the illicit flow of opioids through bilateral efforts of
their respective law enforcement agencies.
(5) The objective of preventing the proliferation of
illicit opioids though existing multilateral and bilateral
initiatives requires additional efforts to deny illicit
actors the financial means to sustain their markets and
distribution networks.
(6) The implementation on May 1, 2019, of the regulations
of the People's Republic of China to schedule all fentanyl
analogues as controlled substances is a major step in
combating global opioid trafficking and represents a major
achievement in United States-China law enforcement dialogues.
However, that step will effectively fulfill the commitment
that President Xi Jinping of the People's Republic of China
made to President Donald Trump at the Group of Twenty meeting
in December 2018 only if the Government of the People's
Republic of China devotes sufficient resources to full
implementation and strict enforcement of the new regulations.
The effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support the
effective enforcement of the regulations.
(7) While the Department of the Treasury used the Foreign
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to
sanction the first synthetic opioid trafficking entity in
April 2018, additional economic and financial sanctions
policy tools are needed to help combat the flow of synthetic
opioids into the United States.
SEC. 6803. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States and the health of the people of the
United States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the
United States, so it is in the interests of both the United
States and the People's Republic of China to support full,
effective, and strict enforcement of the regulations.
SEC. 6804. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101
of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence, and the
majority leader and the minority leader of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Financial Services, the Committee
[[Page S4049]]
on Foreign Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Permanent Select Committee on
Intelligence, and the Speaker and the minority leader of the
House of Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the United
States or a jurisdiction within the United States; and
(B) does not include the government of a foreign country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to produce, manufacture, distribute, sell, or knowingly
finance or transport illicit synthetic opioids, controlled
substances that are synthetic opioids, listed chemicals that
are synthetic opioids, or active pharmaceutical ingredients
or chemicals that are used in the production of controlled
substances that are synthetic opioids;
(B) to attempt to carry out an activity described in
subparagraph (A); or
(C) to assist, abet, conspire, or collude with other
persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States
(including a foreign branch of such an entity); or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 6811. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the President
determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with the
Governments of Mexico and the People's Republic of China with
respect to combating foreign opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and
before the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons
with respect to which the United States has imposed sanctions
before the date of the report under this subtitle or any
other provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph (1) or
(2) shall be submitted in unclassified form but may include a
classified annex.
(B) Availability to public.--The unclassified portion of a
report required by paragraph (1) or (2) shall be made
available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified
form--
(A) describing in detail the status of sanctions imposed
under this subtitle, including the personnel and resources
directed toward the imposition of such sanctions during the
preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers and
their illicit activities;
(C) describing actions the President intends to undertake
or has undertaken to implement this subtitle; and
(D) providing a strategy for identifying additional foreign
opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to the obligations
of the President to keep Congress fully and currently
informed pursuant to the provisions of the National Security
Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after
the date of the enactment of this Act, and annually
thereafter until the date that is 5 years after such date of
enactment, the President shall submit the reports required by
subsections (a) and (b) to the appropriate congressional
committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Director
of National Intelligence determines that such disclosure
could compromise an intelligence operation, activity, source,
or method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director
of the Federal Bureau of Investigation, the Administrator of
the Drug Enforcement Administration, the Secretary of the
Treasury, the Secretary of State, and the head of any other
appropriate Federal law enforcement agency, determines that
such disclosure could reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or
any private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2),
the Director or the Attorney General, as the case may be,
shall notify the appropriate congressional committees and
leadership of the determination and the reasons for the
determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of
information determined by the President to be law enforcement
information, national security information, or other
information the disclosure of which is prohibited by any
other provision of law.
(e) Provision of Information Required for Reports.--The
Secretary of the Treasury, the Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary
of Homeland Security, and the Director of National
Intelligence shall consult among themselves and provide to
the President and the Director of the Office of National Drug
Control Policy the appropriate and necessary information to
enable the President to submit the reports required by
subsection (a).
SEC. 6812. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL
REGIME.
It is the sense of Congress that, in order to apply
economic and other financial sanctions to foreign traffickers
of illicit opioids to protect the national security, foreign
policy, and economy of the United States--
(1) the President should instruct the Secretary of State to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to
maintain and strengthen the coalition of countries formed to
combat foreign opioid trafficking.
SEC. 6813. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions
described in section 6814 with respect to each foreign person
that is an entity, and four or more of such sanctions with
respect to each foreign person that is an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 6811(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 6814. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with
respect to a foreign person under section 6813 are the
following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits
to the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
[[Page S4050]]
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of
the United States Government or serve as repository for
United States Government funds.
The imposition of either sanction under subparagraph (A) or
(B) shall be treated as one sanction for purposes of section
6813, and the imposition of both such sanctions shall be
treated as 2 sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of,
any goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial
institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to
the jurisdiction of the United States and involve any
interest of the foreign person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, or transporting any property that is subject to
the jurisdiction of the United States and with respect to
which the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any
United States person from investing in or purchasing
significant amounts of equity or debt instruments of the
foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a
controlling interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such
officer or officers, any of the sanctions described in
paragraphs (1) through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of any
regulation, license, or order issued to carry out subsection
(a) shall be subject to the penalties set forth in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence and law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or
other applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
SEC. 6815. WAIVERS.
(a) Waiver for State-Owned Financial Institutions in
Countries That Cooperate in Multilateral Anti-Trafficking
Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under
this subtitle with respect to a financial institution that is
owned or controlled, directly or indirectly, by a foreign
government or any political subdivision, agency, or
instrumentality of a foreign government, if, not less than 15
days before the waiver is to take effect, the President
certifies to the appropriate congressional committees and
leadership that the foreign government is closely cooperating
with the United States in efforts to prevent opioid
trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely
cooperating with the United States in efforts to prevent
opioid trafficking if that government is--
(A) implementing domestic laws to schedule all fentanyl
analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in regulations
involving the chemical and pharmaceutical production and
export of illicit opioids.
(ii) Implementing substantial improvements in judicial
regulations to combat transnational criminal organizations
that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid
traffickers.
(iv) Increasing intelligence sharing and law enforcement
cooperation with the United States with respect to opioid
trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not
more than 12 months each if, not less than 15 days before the
renewal is to take effect, the Director of National
Intelligence certifies to the appropriate congressional
committees and leadership that the government of the country
to which the waiver applies has effectively implemented and
is effectively enforcing the measures that formed the basis
for the certification under paragraph (2).
(b) Waivers for National Security and Access to
Prescription Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines
that the application of such sanctions would harm--
(A) the national security interests of the United States;
or
(B) subject to paragraph (2), the access of United States
persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), the President shall notify
the appropriate congressional committees and leadership of
the determination and the reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for
renewable periods of 180 days, the application of the
sanctions under this subtitle if the President certifies to
the appropriate congressional committees and leadership that
the waiver is necessary for the provision of humanitarian
assistance.
SEC. 6816. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED
INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any
such finding, is based on classified information (as defined
in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
President may submit such information to the court ex parte
and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle, or any prohibition,
condition, or penalty imposed as a result of any such
finding.
SEC. 6817. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of
the Fentanyl Sanctions Act, and every 180 days thereafter
until the date that is 5 years after such date of enactment,
the President, acting through the Secretary of State, in
coordination with the Secretary of the Treasury, shall
provide to the appropriate congressional committees and
leadership a comprehensive briefing on efforts to implement
this subtitle.
SEC. 6818. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL
NARCOTICS CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2291(a)) is amended by adding at the end the
following:
``(9)(A) An assessment conducted by the Secretary of State,
in consultation with the Secretary of the Treasury, of the
extent to which any diplomatic efforts described in section
6812 of the Fentanyl Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have agreed to
undertake measures to apply economic or other financial
sanctions to foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), and, with respect
to those countries, other measures the Secretary of State
recommends that the United States take to apply economic and
other financial sanctions to foreign traffickers of illicit
opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 6821. COMMISSION ON COMBATING SYNTHETIC OPIOID
TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as
[[Page S4051]]
the ``Commission on Synthetic Opioid Trafficking'' (in this
section referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Administrator of the Drug Enforcement
Administration.
(ii) The Secretary of Homeland Security.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Secretary of State.
(vi) Two members appointed by the majority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(vii) Two members appointed by the minority leader of the
Senate, one of whom shall be a Member of the Senate and one
of whom shall not be.
(viii) Two members appointed by the Speaker of the House of
Representatives, one of whom shall be a Member of the House
of Representatives and one of whom shall not be.
(ix) Two members appointed by the minority leader of the
House of Representatives, one of whom shall be a Member of
the House of Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not Members of
Congress and who are appointed under clauses (vi) through
(ix) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) transnational criminal organizations conducting
synthetic opioid trafficking;
(II) the production, manufacturing, distribution, sale, or
transportation of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of China, Mexico, or any other
country of concern with respect to trafficking in synthetic
opioids.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if
the individual possesses any personal or financial interest
in the discharge of any of the duties of the Commission.
(iii)(I) All members of the Commission described in clause
(i) shall possess an appropriate security clearance in
accordance with applicable provisions of law concerning the
handling of classified information.
(II) For the purpose of facilitating the activities of the
Commission, the Director of National Intelligence shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for members of the
Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-chairs,
selected from among the members of the Commission, one of
whom shall be a member of the majority party and one of whom
shall be a member of the minority party.
(B) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic
opioids flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled
substances and export controls with respect to such
substances in the People's Republic of China and other
countries that allow opioid traffickers to subvert such
regulations and controls to traffic illicit opioids into the
United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from the People's Republic of China and
India.
(8) To report on how the United States could work more
effectively with provincial and local officials in the
People's Republic of China and other countries to combat the
illicit production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of
subsections (c), (d), (e), (g), (h), (i), and (m) of section
1652 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232) shall apply to the
Commission to the same extent and in the same manner as such
provisions apply to the commission established under that
section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V
of the Executive Schedule under section 5316'' for ``level IV
of the Executive Schedule under section 5315''.
(e) Treatment of Information Relating to National
Security.--
(1) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the
Commission under this section.
(2) Information provided by congress.--Any information
related to the national security of the United States that is
provided to the Commission by the appropriate congressional
committees and leadership may not be further provided or
released without the approval of the chairperson of the
committee, or the Member of Congress, as the case may be,
that provided the information to the Commission.
(3) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(f) Reports.--The Commission shall submit to the
appropriate congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for each of fiscal years 2020
through 2023 to carry out this section.
(h) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day
period beginning on the date on which the final report
required by subsection (f)(2) is submitted to the appropriate
congressional committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
Subtitle C--Other Matters
SEC. 6831. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE
OF INTELLIGENCE RESOURCES IN EFFORTS TO
SANCTION FOREIGN OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, with the concurrence of the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in
efforts to identify and impose sanctions with respect to
foreign opioid traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance risks
related to narcotics trafficking; and
(B) be developed in consultation with the Undersecretary of
the Treasury for Terrorism and Financial Crimes, appropriate
officials of the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the Financial
Crimes Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug
Control Policy, carry out a comprehensive review of the
current intelligence collection priorities of the
intelligence community for counternarcotics purposes in order
to identify whether such priorities are appropriate and
sufficient in light of the number of lives lost in the United
States each year due to use of illegal drugs.
(c) Reports.--
[[Page S4052]]
(1) Quarterly reports on program.--Not later than 90 days
after the date of the enactment of this Act, and every 90
days thereafter, the Director of National Intelligence and
the Director of the Office of National Drug Control Policy
shall jointly submit to the appropriate congressional
committees and leadership a report on the status and
accomplishments of the program required by subsection (a)
during the 90-day period ending on the date of the report.
The first report under this paragraph shall also include a
description of the amount of funds devoted by the
intelligence community to the efforts described in subsection
(a) during each of fiscal years 2017 and 2018.
(2) Report on review.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence and the Director of the Office of National Drug
Control Policy shall jointly submit to the appropriate
congressional committees and leadership a comprehensive
description of the results of the review required by
subsection (b), including whether the priorities described in
that subsection are appropriate and sufficient in light of
the number of lives lost in the United States each year due
to use of illegal drugs. If the report concludes that such
priorities are not so appropriate and sufficient, the report
shall also include a description of the actions to be taken
to modify such priorities in order to assure than such
priorities are so appropriate and sufficient.
(d) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3(4) of the National Security Act of 1947 (50
U.S.C. 3003(4)).
SEC. 6832. DEPARTMENT OF DEFENSE FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Defense to carry out
the operations and activities described in subsection (b)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities.--The operations and
activities described in this subsection are the operations
and activities of the Department of Defense in support of any
other department or agency of the United States Government
solely for purposes of carrying out this title.
(c) Supplement Not Supplant.--Amounts made available under
subsection (a) shall supplement and not supplant other
amounts available to carry out the operations and activities
described in subsection (b).
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15
days after the date on which the President notifies the
appropriate committees of Congress of the President's
intention to obligate such funds.
(e) Concurrence of Secretary of State.--Operations and
activities described in subsection (b) carried out with
foreign persons shall be conducted with the concurrence of
the Secretary of State.
SEC. 6833. DEPARTMENT OF STATE FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of State to carry out the
operations and activities described in subsection (b)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of State in
carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15
days after the date on which the President notifies the
appropriate committees of Congress of the President's
intention to obligate such funds.
SEC. 6834. DEPARTMENT OF THE TREASURY FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of the Treasury to carry
out the operations and activities described in subsection (b)
$25,000,000 for each of fiscal years 2020 through 2025.
(b) Operations and Activities Described.--The operations
and activities described in this subsection are the
operations and activities of the Department of the Treasury
in carrying out this title.
(c) Supplement Not Supplant.--Amounts authorized to be
appropriated by subsection (a) shall supplement and not
supplant other amounts available to carry out the operations
and activities described in subsection (b).
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15
days after the date on which the President notifies the
appropriate committees of Congress of the President's
intention to obligate such funds.
SEC. 6835. TERMINATION.
The provisions of this title, and any sanctions imposed
pursuant to this title, shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 6836. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means
any article, natural or manmade substance, material, supply
or manufactured product, including inspection and test
equipment, and excluding technical data.
SEC. 6837. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this subtitle, the term ``appropriate committees of
Congress'' means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
TITLE LXIX--OTTO WARMBIER BANKING RESTRICTIONS INVOLVING NORTH KOREA
ACT OF 2019
SEC. 6901. SHORT TITLE.
This title may be cited as the ``Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 6911. FINDINGS.
Congress finds the following:
(1) Since 2006, the United Nations Security Council has
adopted 10 resolutions imposing sanctions against North Korea
under chapter VII of the United Nations Charter, which--
(A) prohibit the use, development, and proliferation of
weapons of mass destruction by North Korea;
(B) prohibit the supply, sale, or transfer of arms and
related materiel to or from North Korea;
(C) prohibit the transfer of luxury goods to North Korea;
(D) restrict access by North Korea to financial services
that could contribute to nuclear, missile, or other programs
related to the development of weapons of mass destruction;
(E) restrict North Korean shipping, including the
registration, reflagging, or insuring of North Korean ships;
(F) prohibit, with limited exceptions, North Korean exports
of coal, precious metals, iron, vanadium, and rare earth
minerals;
(G) prohibit the transfer to North Korea of rocket,
aviation, or jet fuel, as well as gasoline, condensates, and
natural gas liquids;
(H) prohibit new work authorization for North Korean
laborers and require the repatriation of all North Korean
laborers by December 2019;
(I) prohibit exports of North Korean food and agricultural
products, including seafood;
(J) prohibit joint ventures or cooperative commercial
entities or expanding joint ventures with North Korea;
(K) prohibit exports of North Korean textiles;
(L) require member countries of the United Nations to
seize, inspect, and impound any ship in its jurisdiction that
is suspected of violating Security Council resolutions with
respect to North Korea and to interdict and inspect all cargo
heading to or from North Korea by land, sea, or air;
(M) limit the transfer to North Korea of refined petroleum
products and crude oil;
(N) ban the sale or transfer to North Korea of industrial
machinery, transportation vehicles, electronics, iron, steel,
and other metals;
(O) reduce North Korean diplomatic staff numbers in member
countries of the United Nations and expel any North Korean
diplomats found to be working on behalf of a person subject
to sanctions or assisting in sanctions evasion;
(P) limit North Korean diplomatic missions abroad with
respect to staff size and access to banking privileges and
prohibit commerce from being conducted out of North Korean
consular or diplomatic offices;
(Q) require member states of the United Nations to close
representative offices, subsidiaries, and bank accounts in
North Korea;
(R) prohibit countries from providing or receiving military
training to or from North Korea or hosting North Koreans for
specialized teaching or training that could contribute to the
programs of North Korea related to the development of weapons
of mass destruction;
(S) ban countries from granting landing and flyover rights
to North Korean aircraft; and
(T) prohibit trade in statuary of North Korean origin.
(2) The Government of North Korea has threatened to carry
out nuclear attacks against the United States, South Korea,
and Japan.
(3) The Government of North Korea tested its sixth and
largest nuclear device on September 3, 2017.
(4) According to a report by the International Atomic
Energy Agency released in August 2018, ``The continuation and
further development of the DPRK's nuclear programme and
related statements by the DPRK are a cause for grave concern.
The DPRK's nuclear activities, including those in relation to
the Yongbyon Experimental Nuclear Power Plant (5 MW(e))
reactor, the use of the building which houses the reported
centrifuge enrichment facility and the construction at the
light water reactor, as well as the DPRK's sixth nuclear
test, are clear violations of relevant UN Security Council
[[Page S4053]]
resolutions, including resolution 2375 (2017) and are deeply
regrettable.''.
(5) In July 2018, Secretary of State Mike Pompeo testified
to the Committee on Foreign Relations of the Senate that
North Korea ``continue[s] to produce fissile material''
despite public pledges by North Korean leader Kim Jong-un to
denuclearize.
(6) The 2019 Missile Defense Review conducted by the
Department of Defense states that North Korea ``continues to
pose an extraordinary threat and the United States must
remain vigilant. In the past, North Korea frequently issued
explicit nuclear missile threats against the United States
and allies, all the while working aggressively to field the
capability to strike the U.S. homeland with nuclear-armed
ballistic missiles. Over the past decade, it has invested
considerable resources in its nuclear and ballistic missile
programs, and undertaken extensive nuclear and missile
testing in order to realize the capability to threaten the
U.S. homeland with missile attack. As a result, North Korea
has neared the time when it could credibly do so.''.
(7) Financial transactions and investments that provide
financial resources to the Government of North Korea, and
that fail to incorporate adequate safeguards against the
misuse of those financial resources, pose an undue risk of
contributing to--
(A) weapons of mass destruction programs of that
Government; and
(B) efforts to evade restrictions required by the United
Nations Security Council on imports or exports of arms and
related materiel, services, or technology by that Government.
(8) The Federal Bureau of Investigation has determined that
the Government of North Korea was responsible for
cyberattacks against entities in the United States, South
Korea, and around the world.
(9) In November 2017, President Donald Trump designated the
government of North Korea as a state sponsor of terrorism
pursuant to authorities under the Export Administration Act
of 1979 (50 U.S.C. App. 2401 et seq.), as continued in effect
at the time under the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.)), the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.), and the Arms Export Control
Act (22 U.S.C. 2751 et seq.);
(10) On February 22, 2018, the Secretary of State
determined that the Government of North Korea was responsible
for the lethal nerve agent attack in 2017 on Kim Jong Nam,
the half-brother of North Korean leader Kim Jong-un, in
Malaysia, triggering sanctions required under the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 (22 U.S.C. 5601 et seq.).
(11) The strict enforcement of sanctions is essential to
the efforts of the international community to achieve the
peaceful, complete, verifiable, and irreversible
dismantlement of weapons of mass destruction programs of the
Government of North Korea.
SEC. 6912. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with its
allies and partners to halt the nuclear and ballistic missile
programs of North Korea through a policy of maximum pressure
and diplomatic engagement;
(2) the imposition of sanctions, including those under this
title, should not be construed to limit the authority of the
President to fully engage in diplomatic negotiations to
further the policy objective described in paragraph (1);
(3) the successful use of sanctions to halt the nuclear and
ballistic missile programs of North Korea is part of a
broader diplomatic and economic strategy that relies on
effective coordination among relevant Federal agencies and
officials, as well as with international partners of the
United States; and
(4) the coordination described in paragraph (3) should
include proper vetting of external messaging and
communications from all parts of the Executive branch to
ensure that those communications are an intentional component
of and aligned with the strategy of the United States with
respect to North Korea.
SEC. 6913. DEFINITIONS.
In this subtitle, the terms ``applicable Executive order'',
``applicable United Nations Security Council resolution'',
``appropriate congressional committees'', ``Government of
North Korea'', ``North Korea'', and ``North Korean financial
institution'' have the meanings given those terms in section
3 of the North Korea Sanctions and Policy Enhancement Act of
2016 (22 U.S.C. 9202).
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 6921. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is
amended by inserting after the item relating to section 201A
the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL
INSTITUTIONS THAT PROVIDE FINANCIAL SERVICES TO
CERTAIN SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall
impose one or more of the sanctions described in subsection
(b) with respect to a foreign financial institution that the
Secretary determines, on or after the date that is 90 days
after the date of the enactment of the Otto Warmbier Banking
Restrictions Involving North Korea Act of 2019, knowingly
provides significant financial services to any person
designated for the imposition of sanctions under--
``(1) subsection (a) or (b) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council
resolution.
``(b) Sanctions Described.--The sanctions that may be
imposed with respect to a foreign financial institution
subject to subsection (a) are the following:
``(1) Asset blocking.--The Secretary may block and
prohibit, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), all transactions in all
property and interests in property of the foreign financial
institution if such property and interests in property are in
the United States, come within the United States, or are or
come within the possession or control of a United States
person.
``(2) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict
conditions on, the opening or maintaining in the United
States of a correspondent account or a payable-through
account by the foreign financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
``(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
``(d) Regulations.--Not later than 180 days after the date
of the enactment of the Otto Warmbier Banking Restrictions
Involving North Korea Act of 2019, the President shall, as
appropriate, prescribe regulations to carry out this section.
``(e) Exception Relating to Importation of Goods.--
``(1) In general.--Notwithstanding section 404(b) or any
provision of this section, the authorities and requirements
to impose sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
``(2) Good defined.--In this subsection, the term `good'
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
``(f) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms
in section 5318A of title 31, United States Code.
``(2) Financial institution.--The term `financial
institution' means a financial institution specified in
subparagraph (A), (B), (C), (D), (E), (F), (G), (H), (I),
(J), (M), or (Y) of section 5312(a)(2) of title 31, United
States Code.
``(3) Foreign financial institution.--The term `foreign
financial institution' shall have the meaning of that term as
determined by the Secretary of the Treasury.
``(4) Knowingly.--The term `knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.''.
(b) Clerical Amendment.--The table of contents for the
North Korea Sanctions and Policy Enhancement Act of 2016 is
amended by inserting after the item relating to section 201A
the following:
``201B. 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.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by
striking ``2 years'' and inserting ``5 years''.
SEC. 6923. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING
OF PROPERTY OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration through the
Financial Action Task Force and its global network to utilize
its standards and apply means at its disposal to counter the
money laundering, terrorist financing, and proliferation
financing threats emanating from North Korea; and
(2) prioritize multilateral efforts to identify and block--
(A) any property owned or controlled by a North Korean
official; and
(B) any significant proceeds of kleptocracy by the
Government of North Korea or a North Korean official.
SEC. 6924. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED
NATIONS SECURITY COUNCIL RESOLUTIONS BY OTHER
GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950)
is amended--
(1) in subsection (a)--
[[Page S4054]]
(A) in the matter preceding paragraph (1), by striking
``Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 5 years,'' and
inserting ``Not later than 180 days after the date of the
enactment of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019, and annually thereafter for 5
years,'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) by redesignating paragraph (4) as paragraph (8); and
(D) by inserting after paragraph (3) the following:
``(4) prohibit, in the territories of such countries or by
persons subject to the jurisdiction of such governments, the
opening of new joint ventures or cooperative entities with
North Korean persons or the expansion of existing joint
ventures through additional investments, whether or not for
or on behalf of the Government of North Korea, unless such
joint ventures or cooperative entities have been approved by
the Committee of the United Nations Security Council
established by United Nations Security Council Resolution
1718 (2006);
``(5) prohibit the unauthorized clearing of funds by North
Korean financial institutions through financial institutions
subject to the jurisdiction of such governments;
``(6) prohibit the unauthorized conduct of commercial trade
with North Korea that is prohibited under applicable United
Nations Security Council resolutions;
``(7) prevent the provision of financial services to North
Korean persons or the transfer of financial services to North
Korean persons to, through, or from the territories of such
countries or by persons subject to the jurisdiction of such
governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and
leadership.--The term `appropriate congressional committees
and leadership' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council
resolution; north korean financial institution; north korean
person.--The terms `applicable United Nations Security
Council resolution', `North Korean financial institution',
and `North Korean person' have the meanings given those terms
in section 3 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9202).''.
SEC. 6925. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF
BENEFICIAL OWNERSHIP RULES TO ACCESS THE
INTERNATIONAL FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate congressional committees a
report setting forth the findings of the Secretary regarding
how the Government of North Korea is exploiting laws with
respect to the beneficial owner of an entity in order to
access the international financial system.
(b) Elements.--The Secretary shall include in the report
required under subsection (a) proposals for such legislative
and administrative action as the Secretary considers
appropriate to combat the abuse by the Government of North
Korea of shell companies and other similar entities to avoid
or evade sanctions.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 6931. NOTIFICATION OF TERMINATION OR SUSPENSION OF
SANCTIONS.
Not less than 15 days before taking any action to terminate
or suspend the application of sanctions under this subtitle
or an amendment made by this subtitle, the President shall
notify the appropriate congressional committees of the
President's intent to take the action and the reasons for the
action.
SEC. 6932. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report on the operation of the system for
issuing licenses for transactions under covered regulatory
provisions during the preceding 180-day period that
includes--
(1) the number and types of such licenses applied for
during that period; and
(2) the number and types of such licenses issued during
that period.
(b) Covered Regulatory Provision Defined.--In this section,
the term ``covered regulatory provision'' means any of the
following provisions, as in effect on the day before the date
of the enactment of this Act and as such provisions relate to
North Korea:
(1) Part 743, 744, or 746 of title 15, Code of Federal
Regulations.
(2) Part 510 of title 31, Code of Federal Regulations.
(3) Any other provision of title 31, Code of Federal
Regulations.
(c) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 6933. BRIEFINGS ON IMPLEMENTATION AND ENFORCEMENT OF
SANCTIONS.
Not later than 90 days after the date of the enactment of
this Act, and every 180 days thereafter, the Secretary of the
Treasury shall provide to the appropriate congressional
committees a briefing on efforts relating to the
implementation and enforcement of United States sanctions
with respect to North Korea, including appropriate updates on
the efforts of the Department of the Treasury to address
compliance with such sanctions by foreign financial
institutions.
SEC. 6934. REPORT ON FINANCIAL NETWORKS AND FINANCIAL METHODS
OF THE GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2025, the President shall submit to the appropriate
congressional committees a report on sources of external
support for the Government of North Korea that includes--
(A) a description of the methods used by the Government of
North Korea to deal in, transact in, or conceal the
ownership, control, or origin of goods and services exported
by North Korea;
(B) an assessment of the relationship between the
proliferation of weapons of mass destruction by the
Government of North Korea and the financial industry or
financial institutions;
(C) an assessment of the relationship between the
acquisition by the Government of North Korea of military
expertise, equipment, and technology and the financial
industry or financial institutions;
(D) a description of the export by any person to the United
States of goods, services, or technology that are made with
significant amounts of North Korean labor, material, or
goods, including minerals, manufacturing, seafood, overseas
labor, or other exports from North Korea;
(E) an assessment of the involvement of any person in human
trafficking involving citizens or nationals of North Korea;
(F) a description of how the President plans to address the
flow of funds generated by activities described in
subparagraphs (A) through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which the Government of
North Korea engages in criminal activities, including money
laundering, to support that Government;
(H) information relating to the identification, blocking,
and release of property described in section 201B(b)(1) of
the North Korea Sanctions and Policy Enhancement Act of 2016,
as added by section 1721;
(I) a description of the metrics used to measure the
effectiveness of law enforcement and diplomatic initiatives
of Federal, State, and foreign governments to comply with the
provisions of applicable United Nations Security Council
resolutions; and
(J) an assessment of the effectiveness of programs within
the financial industry to ensure compliance with United
States sanctions, applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Interagency Coordination.--The President shall ensure
that any information collected pursuant to subsection (a) is
shared among the Federal departments and agencies involved in
investigations described in section 102(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9212(b)).
SEC. 6935. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF
CERTAIN ITEMS TO NORTH KOREA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2023, the Director of National Intelligence shall submit to
the President, the Secretary of Defense, the Secretary of
Commerce, the Secretary of State, the Secretary of the
Treasury, and the appropriate congressional committees a
report that identifies all countries that the Director
determines are of concern with respect to transshipment,
reexportation, or diversion of items subject to the
provisions of the Export Administration Regulations under
subchapter C of chapter VII of title 15, Code of Federal
Regulations, to an entity owned or controlled by the
Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified
annex.
PART III--GENERAL MATTERS
SEC. 6941. RULEMAKING.
The President shall prescribe such rules and regulations as
may be necessary to carry out this subtitle and amendments
made by this subtitle.
SEC. 6942. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be
submitted to the appropriate congressional committees under
this subtitle or an amendment made by this subtitle that are
subject to a deadline for submission consisting of the same
unit of time may be consolidated into a single report that is
submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection
(a) shall contain all information required under this
subtitle or an amendment made by this subtitle and any
[[Page S4055]]
other elements that may be required by existing law.
SEC. 6943. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions and Waivers
From North Korea Sanctions and Policy Enhancement Act of
2016.--Section 208 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9228) is amended--
(1) by inserting ``201B,'' after ``201A,'' each place it
appears; and
(2) in subsection (c), by inserting ``, not less than 15
days before the waiver takes effect,'' after ``if the
President''.
(b) Suspension.--
(1) In general.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, may be suspended for up
to one year if the President makes the certification
described in section 401 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9251) to the
appropriate congressional committees.
(2) Renewal.--A suspension under paragraph (1) may be
renewed in accordance with section 401(b) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C.
9251(b)).
(c) Termination.--Subject to section 1731, any requirement
to impose sanctions under this subtitle or the amendments
made by this subtitle, and any sanctions imposed pursuant to
this subtitle or any such amendment, shall terminate on the
date on which the President makes the certification described
in section 402 of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 6944. PROCEDURES FOR REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle or an
amendment made by this subtitle, a prohibition, condition, or
penalty imposed as a result of any such finding, or a penalty
imposed under this subtitle or an amendment made by this
subtitle, is based on classified information (as defined in
section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.)) and a court reviews the finding or the
imposition of the prohibition, condition, or penalty, the
Secretary of the Treasury may submit such information to the
court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of
any finding under this subtitle or an amendment made by this
subtitle, any prohibition, condition, or penalty imposed as a
result of any such finding, or any penalty imposed under this
subtitle or an amendment made by this subtitle.
SEC. 6945. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of the Treasury shall provide to the
appropriate congressional committees a briefing on--
(1) the resources allocated by the Department of the
Treasury to support each sanctions program administered by
the Department; and
(2) recommendations for additional authorities or resources
necessary to expand the capacity or capability of the
Department related to implementation and enforcement of such
programs.
SEC. 6946. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall provide to the appropriate congressional committees a
briefing on addressing proliferation finance.
(b) Elements.--The briefing required by subsection (a)
shall include the following:
(1) The Department of the Treasury's definition and
description of an appropriate risk-based approach to
combating financing of the proliferation of weapons of mass
destruction.
(2) An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network, of
United States financial institutions and the adoption by
their foreign subsidiaries, branches, and correspondent
institutions of a risk-based approach to proliferation
financing; and
(B) whether financial institutions in foreign jurisdictions
known by the United States intelligence and law enforcement
communities to be jurisdictions through which North Korea
moves substantial sums of licit and illicit finance are
applying a risk-based approach to proliferation financing,
and if that approach is comparable to the approach required
by United States financial institution supervisors.
(3) A survey of the technical assistance the Office of
Technical Assistance of the Department of the Treasury, and
other appropriate Executive branch offices, currently provide
foreign institutions on implementing counter-proliferation
financing best practices.
(4) An assessment of the ability of foreign subsidiaries,
branches, and correspondent institutions of United States
financial institutions to implement a risk-based approach to
proliferation financing.
Subtitle B--Divestment From North Korea
SEC. 6951. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST
FROM COMPANIES THAT INVEST IN NORTH KOREA.
(a) Sense of Congress.--It is the sense of Congress that
the United States should support the decision of any State or
local government made for moral, prudential, or reputational
reasons, to divest from, or prohibit the investment of assets
of the State or local government in, a person that engages in
investment activities described in subsection (c) if North
Korea is subject to economic sanctions imposed by the United
States or the United Nations Security Council.
(b) Authority To Divest.--Notwithstanding any other
provision of law, a State or local government may adopt and
enforce measures that meet the requirements of subsection (d)
to divest the assets of the State or local government from,
or prohibit investment of the assets of the State or local
government in, any person that the State or local government
determines, using credible information available to the
public, engages in investment activities described in
subsection (c).
(c) Investment Activities Described.--Investment activities
described in this subsection are activities of a value of
more than $10,000 relating to an investment in North Korea or
in goods or services originating in North Korea that are not
conducted pursuant to a license issued by the Department of
the Treasury.
(d) Requirements.--Any measure taken by a State or local
government under subsection (b) shall meet the following
requirements:
(1) Notice.--The State or local government shall provide
written notice to each person with respect to which a measure
under this section is to be applied.
(2) Timing.--The measure applied under this section shall
apply to a person not earlier than the date that is 90 days
after the date on which written notice under paragraph (1) is
provided to the person.
(3) Opportunity to demonstrate compliance.--
(A) In general.--The State or local government shall
provide to each person with respect to which a measure is to
be applied under this section an opportunity to demonstrate
to the State or local government that the person does not
engage in investment activities described in subsection (c).
(B) Nonapplication.--If a person with respect to which a
measure is to be applied under this section demonstrates to
the State or local government under subparagraph (A) that the
person does not engage in investment activities described in
subsection (c), the measure shall not apply to that person.
(4) Sense of congress on avoiding erroneous targeting.--It
is the sense of Congress that a State or local government
should not adopt a measure under subsection (b) with respect
to a person unless the State or local government has--
(A) made every effort to avoid erroneously targeting the
person; and
(B) verified that the person engages in investment
activities described in subsection (c).
(e) Notice to Department of Justice.--Not later than 30
days before a State or local government applies a measure
under this section, the State or local government shall
notify the Attorney General of that measure.
(f) Authorization for Prior Applied Measures.--
(1) In general.--Notwithstanding any other provision of
this section or any other provision of law, a State or local
government may enforce a measure (without regard to the
requirements of subsection (d), except as provided in
paragraph (2)) applied by the State or local government
before the date of the enactment of this Act that provides
for the divestment of assets of the State or local government
from, or prohibits the investment of the assets of the State
or local government in, any person that the State or local
government determines, using credible information available
to the public, engages in investment activities described in
subsection (c) that are identified in that measure.
(2) Application of notice requirements.--A measure
described in paragraph (1) shall be subject to the
requirements of paragraphs (1), (2), and (3)(A) of subsection
(d) on and after the date that is 2 years after the date of
the enactment of this Act.
(g) No Preemption.--A measure applied by a State or local
government that is consistent with subsection (b) or (f) is
not preempted by any Federal law.
(h) Definitions.--In this section:
(1) Asset.--
(A) In general.--Except as provided in subparagraph (B),
the term ``asset'' means public monies, and includes any
pension, retirement, annuity, endowment fund, or similar
instrument, that is controlled by a State or local
government.
(B) Exception.--The term ``asset'' does not include
employee benefit plans covered by title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1001 et
seq.).
(2) Investment.--The term ``investment'' includes--
(A) a commitment or contribution of funds or property;
(B) a loan or other extension of credit; and
(C) the entry into or renewal of a contract for goods or
services.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f), this section applies to measures applied by a
State or
[[Page S4056]]
local government before, on, or after the date of the
enactment of this Act.
(2) Notice requirements.--Except as provided in subsection
(f), subsections (d) and (e) apply to measures applied by a
State or local government on or after the date of the
enactment of this Act.
SEC. 6952. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY
ASSET MANAGERS.
Section 13(c)(1) of the Investment Company Act of 1940 (15
U.S.C. 80a-13(c)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) engage in investment activities described in section
1751(c) of the Otto Warmbier Banking Restrictions Involving
North Korea Act of 2019.''.
SEC. 6953. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN
INVESTMENTS.
It is the sense of Congress that--
(1) a fiduciary of an employee benefit plan, as defined in
section 3(3) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or
avoid investing plan assets in, any person the fiduciary
determines engages in investment activities described in
section 6951(c), if--
(A) the fiduciary makes that determination using credible
information that is available to the public; and
(B) the fiduciary prudently determines that the result of
that divestment or avoidance of investment would not be
expected to provide the employee benefit plan with--
(i) a lower rate of return than alternative investments
with commensurate degrees of risk; or
(ii) a higher degree of risk than alternative investments
with commensurate rates of return; and
(2) by divesting assets or avoiding the investment of
assets as described in paragraph (1), the fiduciary is not
breaching the responsibilities, obligations, or duties
imposed upon the fiduciary by subparagraph (A) or (B) of
section 404(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1104(a)(1)).
SEC. 6954. RULE OF CONSTRUCTION.
Nothing in this subtitle, an amendment made by this
subtitle, or any other provision of law authorizing sanctions
with respect to North Korea shall be construed to affect or
displace--
(1) the authority of a State or local government to issue
and enforce rules governing the safety, soundness, and
solvency of a financial institution subject to its
jurisdiction; or
(2) the regulation and taxation by the several States of
the business of insurance, pursuant to the Act of March 9,
1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.)
(commonly known as the ``McCarran-Ferguson Act'').
Subtitle C--Financial Industry Guidance to Halt Trafficking
SEC. 6961. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry
Guidance to Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 6962. FINDINGS.
Congress finds the following:
(1) The terms ``human trafficking'' and ``trafficking in
persons'' are used interchangeably to describe crimes
involving the exploitation of a person for the purposes of
compelled labor or commercial sex through the use of force,
fraud, or coercion.
(2) According to the International Labour Organization,
there are an estimated 24,900,000 people worldwide who are
victims of forced labor, including human trafficking victims
in the United States.
(3) Human trafficking is perpetrated for financial gain.
(4) According to the International Labour Organization, of
the estimated $150,000,000,000 or more in global profits
generated annually from human trafficking--
(A) approximately \2/3\ are generated by commercial sexual
exploitation, exacted by fraud or by force; and
(B) approximately \1/3\ are generated by forced labor.
(5) Most purchases of commercial sex acts are paid for with
cash, making trafficking proceeds difficult to identify in
the financial system. Nonetheless, traffickers rely heavily
on access to financial institutions as destinations for
trafficking proceeds and as conduits to finance every step of
the trafficking process.
(6) Under section 1956 of title 18, United States Code
(relating to money laundering), human trafficking is a
``specified unlawful activity'' and transactions conducted
with proceeds earned from trafficking people, or used to
further trafficking operations, can be prosecuted as money
laundering offenses.
SEC. 6963. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as
appropriate, existing sanctions for human trafficking
authorized under section 111 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7108);
(2) the Financial Crimes Enforcement Network of the
Department of the Treasury should continue--
(A) to monitor reporting required under subchapter II of
chapter 53 of title 31, United States Code (commonly known as
the ``Bank Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories to provide
covered financial institutions, as appropriate, with a list
of new ``red flags'' for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the advisories
described in subparagraph (B) to incorporate relevant
elements provided in the advisories into their current
transaction and account monitoring systems or in policies,
procedures, and training on human trafficking to enable
financial institutions to maintain ongoing efforts to examine
transactions and accounts;
(D) to use geographic targeting orders, as appropriate, to
impose additional reporting and recordkeeping requirements
under section 5326(a) of title 31, United States Code, to
carry out the purposes of, and prevent evasions of the Bank
Secrecy Act; and
(E) to utilize the Bank Secrecy Act Advisory Group and
other relevant entities to identify opportunities for
nongovernmental organizations to share relevant actionable
information on human traffickers' use of the financial sector
for nefarious purposes;
(3) Federal banking regulators, the Department of the
Treasury, relevant law enforcement agencies, and the Human
Smuggling and Trafficking Center, in partnership with
representatives from the United States financial community,
should adopt regular forms of sharing information to disrupt
human trafficking, including developing protocols and
procedures to share actionable information between and
amongst covered institutions, law enforcement, and the United
States intelligence community;
(4) training front line bank and money service business
employees, school teachers, law enforcement officers, foreign
service officers, counselors, and the general public is an
important factor in identifying trafficking victims;
(5) the Department of Homeland Security's Blue Campaign,
training by the BEST Employers Alliance, and similar efforts
by industry, human rights, and nongovernmental organizations
focused on human trafficking provide good examples of current
efforts to educate employees of critical sectors to save
victims and disrupt trafficking networks;
(6) the President should intensify diplomatic efforts,
bilaterally and in appropriate international fora, such as
the United Nations, to develop and implement a coordinated,
consistent, multilateral strategy for addressing the
international financial networks supporting human
trafficking; and
(7) in deliberations between the United States Government
and any foreign country, including through participation in
the Egmont Group of Financial Intelligence Units, regarding
money laundering, corruption, and transnational crimes, the
United States Government should--
(A) encourage cooperation by foreign governments and
relevant international fora in identifying the extent to
which the proceeds from human trafficking are being used to
facilitate terrorist financing, corruption, or other illicit
financial crimes;
(B) encourage cooperation by foreign governments and
relevant international fora in identifying the nexus between
human trafficking and money laundering;
(C) advance policies that promote the cooperation of
foreign governments, through information sharing, training,
or other measures, in the enforcement of this subtitle;
(D) encourage the Financial Action Task Force to update its
July 2011 typology reports entitled, ``Laundering the
Proceeds of Corruption'' and ``Money Laundering Risks Arising
from Trafficking in Human Beings and Smuggling of Migrants'',
to identify the money laundering risk arising from the
trafficking of human beings; and
(E) encourage the Egmont Group of Financial Intelligence
Units to study the extent to which human trafficking
operations are being used for money laundering, terrorist
financing, or other illicit financial purposes.
SEC. 6964. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United
States Code, is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title
is amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the
Treasury, after consultation with the Undersecretary for
Terrorism and Financial Crimes, shall designate an office
within the OTFI that shall coordinate efforts to combat the
illicit financing of human trafficking with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
[[Page S4057]]
SEC. 6965. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING
AND OTHER FINANCIAL TOOLS IN COMBATING HUMAN
TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Interagency Task Force to
Monitor and Combat Trafficking shall submit to the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Foreign Relations, and the Committee on the Judiciary of the
Senate, the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on the Judiciary of the
House of Representatives, the Secretary of the Treasury, and
each appropriate Federal banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government, United States financial
institutions, and multilateral development banks related to
human trafficking; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money
laundering relating to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at domestic and
international financial institutions that are suitable for
broader adoption;
(B) feedback from stakeholders, including victims of severe
trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Human Trafficking,
civil society organizations, and financial institutions on
policy proposals derived from the analysis conducted by the
task force referred to in paragraph (1) that would enhance
the efforts and programs of financial institutions to detect
and deter money laundering related to human trafficking,
including any recommended changes to internal policies,
procedures, and controls related to human trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering related to human trafficking; and
(D) any recommended changes to expand human trafficking-
related information sharing among financial institutions and
between such financial institutions, appropriate law
enforcement agencies, and appropriate Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of
the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7103(d)(7)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign
Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in
money laundering cases with a nexus to human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Financial Institutions Examination Council, in consultation
with the Secretary of the Treasury, victims of severe forms
of trafficking in persons, advocates of persons at risk of
becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Trafficking, civil
society organizations, the private sector, and appropriate
law enforcement agencies, shall--
(1) review and enhance training and examinations procedures
to improve the surveillance capabilities of anti-money
laundering and countering the financing of terrorism programs
to detect human trafficking-related financial transactions;
(2) review and enhance procedures for referring potential
human trafficking cases to the appropriate law enforcement
agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to
human trafficking.
(d) Limitations.--Nothing in this section shall be
construed to--
(1) grant rulemaking authority to the Interagency Task
Force to Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny services to or
violate the privacy of victims of trafficking, victims of
severe forms of trafficking, or individuals not responsible
for promoting severe forms of trafficking in persons.
SEC. 6966. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN
TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for critical
Federal efforts to combat human trafficking;
(2) the Department of the Treasury should have the
appropriate resources to vigorously investigate human
trafficking networks under section 111 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7108) and other
relevant statutes and Executive orders;
(3) the Department of the Treasury and the Department of
Justice should each have the capacity and appropriate
resources to support technical assistance to develop foreign
partners' ability to combat human trafficking through strong
national anti-money laundering and countering the financing
of terrorism programs;
(4) each United States Attorney's Office should be provided
appropriate funding to increase the number of personnel for
community education and outreach and investigative support
and forensic analysis related to human trafficking; and
(5) the Department of State should be provided additional
resources, as necessary, to carry out the Survivors of Human
Trafficking Empowerment Act (section 115 of Public Law 114-
22; 129 Stat. 243).
TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
SEC. 7801. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON
UNFUNDED REQUIREMENTS FOR LABORATORY MILITARY
CONSTRUCTION PROJECTS.
Section 2806 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is
amended--
(1) by striking ``Assistant Secretary of Defense for
Energy, Installations, and Environment'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment'';
(2) by striking ``reporting'' and inserting ``report''; and
(3) by inserting ``in prioritized order, with specific
accounts and program elements identified,'' after
``evaluation facilities,''.
SEC. 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.
(a) Ineffectiveness of Section 2802.--Section 2802 shall
have no force or effect.
(b) Prohibition.--No funds authorized to be appropriated by
this Act for fiscal year 2020 for the Department of Defense
may be obligated or expended to implement any activity that
reduces air base resiliency or demolishes protected aircraft
shelters in the European theater, and the Department may not
otherwise implement any such activity, without creating a
similar protection from attack in the European theater until
such time as the Secretary of Defense certifies to the
congressional defense committees that protected aircraft
shelters are not required in the European theater.
SEC. 7803. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN TO
THE HOST NATIONAL ANY EXISTING AIR BASE.
(a) Ineffectiveness of Section 2803.--Section 2803 shall
have no force or effect.
(b) Prohibition.--No funds authorized to be appropriated by
this Act for fiscal year 2020 for the Department of Defense
may be obligated or expended to implement any activity that
closes or returns to the host nation any existing air base,
and the Department may not otherwise implement any such
activity, until such time as the Secretary of Defense
certifies that there is no longer a need for a rotational
military presence in the European theater.
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.
(a) Report.--
(1) In general.--The Under Secretary of Defense for
Personnel and Readiness, in coordination with the Assistant
Secretary for Energy, Installations, and Environment for each
military department, shall submit to the congressional
defense committees each year, at the time the budget of the
President for the fiscal year beginning in such year is
submitted to Congress under section 1105(a) of title 31,
United States Code, a report, in priority order, listing
unfunded requirements for major and minor military
construction projects for child development centers of the
Department of Defense.
(2) Inclusion of form.--Each report submitted under
paragraph (1) shall include a Department of Defense Form
DD1391 for each major and minor military construction project
included in the report.
(b) Increased Maximum Amounts Applicable to Minor
Construction Projects for Child Development Centers.--
(1) In general.--For the purpose of any minor military
construction project for a child development center carried
out on or after the date of the enactment of this Act, the
amount specified in section 2805(a)(2) of title 10, United
States Code, is deemed to be $15,000,000.
(2) Sunset.--This subsection shall terminate on the date
that is three years after the date of the enactment of this
Act.
(c) Sense of the Senate.--It is the Sense of the Senate
that the Senate recognizes the need for additional investment
in child development centers and remains committed to
ensuring that future executable requirements for child
development centers are funded as much as possible beginning
in fiscal year 2020 based on the list of unfunded
requirements included in the report submitted under
subsection (a).
[[Page S4058]]
SEC. 7805. MODIFICATION OF AUTHORIZED USES OF CERTAIN
PROPERTY CONVEYED BY THE UNITED STATES IN LOS
ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat.
517) is amended in the first sentence by inserting after
``for other military purposes'' the following: ``and for
purposes of meeting the needs of the homeless (as that term
is defined in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California may submit to the
Administrator of General Services an application for use of
the property conveyed pursuant to section 2 of Public Law 85-
236 for purposes of meeting the needs of the homeless in
accordance with the amendment made by subsection (a).
(2) Review of application.--
(A) In general.--Not later than 60 days after the date of
receipt of an application pursuant to paragraph (1), the
Administrator and the Secretary of Health and Human Services
shall jointly determine whether the use of the property
described in the application is a use for purposes of meeting
the needs of the homeless.
(B) Concurrence by secretary of the army.--If the
Administrator and the Secretary of Health and Human Services
jointly determine that the use of the property described in
the application is for purposes of meeting the needs of the
homeless, the Administrator shall request concurrence by the
Secretary of the Army that the proposed use to meet the needs
of the homeless does not preclude current and anticipated
future use of the property for training of the National Guard
and for other military purposes.
(3) Modification of instrument of conveyance.--If the
Secretary of the Army concurs that the proposed use to meet
the needs of the homeless does not preclude current and
anticipated future use of the property for training of the
National Guard and for other military purposes, the
Administrator shall execute and record in the appropriate
office an instrument of modification of the deed of
conveyance executed pursuant to Public Law 85-236 in order to
authorize such use of the property. The instrument shall
include such additional terms and conditions as the
Administrator considers appropriate to protect the interests
of the United States.
TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 8101. IMPLEMENTATION OF COMMON FINANCIAL REPORTING
SYSTEM FOR NUCLEAR SECURITY ENTERPRISE.
Not more than 90 percent of the funds authorized to be
appropriated by section 3101 for the National Nuclear
Security Administration for fiscal year 2020 for Federal
salaries and expenses and available for travel and
transportation may be obligated or expended before the date
on which the Administrator for Nuclear Security completes
implementation of the common financial reporting system for
the nuclear security enterprise as required by section
3113(a) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 50 U.S.C. 2512 note).
SEC. 8102. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO
PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Sense of the Senate.--It is the sense of the Senate
that--
(1) rebuilding a robust plutonium pit production
infrastructure with a capacity of up to 80 pits per year is
critical to maintaining the viability of the nuclear
stockpile;
(2) that effort will require cooperation from experts
across the nuclear security enterprise; and
(3) any further delay to achieving a plutonium sustainment
capability to support the planned stockpile life extension
programs will result in an unacceptable capability gap to our
deterrent posture.
(b) Modification to Requirements.--Section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a), by striking paragraph (5) and
inserting the following:
``(5) during 2030, produces not less than 80 war reserve
plutonium pits.'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively;
(4) in subsection (b), as redesignated by paragraph (2), by
striking ``2027 (or, if the authority under subsection (b) is
exercised, 2029)'' and inserting ``2030''; and
(5) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' and inserting ``subsection (b)''.
TITLE LXXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 8202. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
The text of section 3202(b)(1)(A) is hereby deemed to read
as follows:
``(1) in paragraph (1), by striking the second sentence and
inserting the following new sentences: `A member may be
reappointed for a second term only if the member was
confirmed by the Senate more than two years into the member's
first term. A member may not be reappointed for a third
term.'.''.
TITLE LXXXV--MARITIME ADMINISTRATION
SEC. 8500. INEFFECTIVENESS OF TITLE XXXV.
Title XXXV and the amendment made by that title shall have
no force or effect.
SEC. 8501. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization and Enhancement Act of 2019''.
Subtitle A--Maritime Administration
SEC. 8511. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to
the Department of Transportation for fiscal year 2020, to be
available without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States Merchant Marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until September 30,
2021 for Academy operations; and
(B) $18,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended for
offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $600,000,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $60,442,000, of which
$5,000,000 shall remain available until expended for
activities authorized under section 50307 of title 46, United
States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag Merchant Marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000, which shall
remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program, which
shall remain available until expended; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section
54101 of title 46, United States Code, $40,000,000, which
shall remain available until expended.
(9) For expenses necessary to implement the Port and
Intermodal Improvement Program, $600,000,000, except that no
funds shall be used for a grant award to purchase fully
automated cargo handling equipment that is remotely operated
or remotely monitored with or without the exercise of human
intervention or control, if the Secretary determines such
equipment would result in a net loss of jobs that relate to
the movement of goods through a port and its intermodal
connections.
SEC. 8512. MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,233,463 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following:
``(D) $5,233,463 for each of fiscal years 2026 through
2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' after the
semicolon;
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$314,007,780 for each of fiscal years 2022, 2023,
2024, and 2025; and''; and
(3) by adding at the end the following:
``(4) $314,007,780 for each of fiscal years 2026 through
2035.''.
SEC. 8513. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL
REPORT.
The Inspector General of the Department of Transportation
shall--
(1) not later than 180 days after the date of enactment of
this title, initiate an audit of the Maritime
Administration's actions to address only those
recommendations from Chapter 3 and recommendations 5-1, 5-2,
5-3, 5-4, 5-5, and 5-6 identified by a National
[[Page S4059]]
Academy of Public Administration panel in the November 2017
report entitled ``Maritime Administration: Defining its
Mission, Aligning its Programs, and Meeting its Objectives'';
and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the results of that audit
once the audit is completed.
SEC. 8514. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED
PREPARATORY SCHOOL.
Section 51303 of title 46, United State Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory
School Sponsorship.--The Secretary of Transportation may
appoint each year as cadets at the United States Merchant
Marine Academy not more than 40 qualified individuals
sponsored by the Academy to attend preparatory school during
the academic year prior to entrance in the Academy, and who
have successfully met the terms and conditions of sponsorship
set by the Academy.''.
SEC. 8515. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT
MARINE ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall seek to enter into an agreement with the National
Academy of Public Administration (referred to in this section
as the ``Academy'') to carry out the activities described in
this section.
(b) Study Elements.--In accordance with the agreement
described in subsection (a), the Academy shall conduct a
study of the United States Merchant Marine Academy that
consists of the following:
(1) A comprehensive assessment of the United States
Merchant Marine Academy's systems, training, facilities,
infrastructure, information technology, and stakeholder
engagement.
(2) Identification of needs and opportunities for
modernization to help the United States Merchant Marine
Academy keep pace with more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the opportunities
described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of inspiring and
educating the next generation of the mariner workforce on a
long-term basis.
(c) Deadline and Report.--Not later than 1 year after the
date of the agreement described in subsection (a), the
Academy shall prepare and submit to the Administrator of the
Maritime Administration a report containing the action plan
described in subsection (b)(3), including specific findings
and recommendations.
SEC. 8516. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended
by adding at the end the following:
``(c) National Maritime Centers of Excellence.--The
Secretary shall designate each State maritime academy as a
National Maritime Center of Excellence.''.
SEC. 8517. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than 1 year after the
date of enactment of this title, the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
operates, the Secretary of Commerce, and the Secretary of
Health and Human Services, with respect to the applicable
services in their respective departments, and in coordination
with one another and with the United States Committee on the
Marine Transportation System, and in consultation with the
Merchant Marine Personnel Advisory Committee, shall,
consistent with applicable law, identify all training and
experience within the applicable service that may qualify for
merchant mariner credentialing, and submit a list of all
identified training and experience to the United States Coast
Guard National Maritime Center for a determination of whether
such training and experience counts for credentialing
purposes.
(b) Review of Applicable Service.--The United States Coast
Guard Commandant shall make a determination of whether
training and experience counts for credentialing purposes, as
described in subsection (a), not later than 6 months after
the date on which the United States Coast Guard National
Maritime Center receives a submission under subsection (a)
identifying a training or experience and requesting such a
determination.
(c) Fees and Services.--The Secretary of Defense, the
Secretary of the Department in which the Coast Guard
operates, and the Secretary of Commerce, with respect to the
applicable services in their respective departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the uniformed services on active duty, if a waiver is
authorized and appropriate, and, if a waiver is not granted,
take all necessary and appropriate actions to provide for the
payment of fees for members of the uniformed services on
active duty by the applicable service to the fullest extent
permitted by law;
(2) direct the applicable services to take all necessary
and appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the uniformed
services on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange
process for active duty service members at no or minimal
cost;
(3) ensure that members of the applicable services who are
to be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or
continue to operate, as appropriate, the online resource
known as Credentialing Opportunities On-Line to support
separating members of the uniformed services who are seeking
information and assistance on merchant mariner credentialing;
and
(5) not later than 1 year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications
to merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer
Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of
the Department in which the Coast Guard operates, and the
Secretary of Commerce shall have direct hiring authority to
employ separated members of the uniformed services with valid
merchant mariner licenses or sea service experience in
support of United States national maritime needs, including
the Army Corps of Engineers, U.S. Customs and Border
Protection, and the National Oceanic and Atmospheric
Administration.
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5,
United States Code, shall not apply with respect to the
hiring of a separated member of the uniformed services under
paragraph (1).
(e) Separated Member of the Uniformed Services.--In this
section, the term ``separated member of the uniformed
services'' means an individual who--
(1) is retiring or is retired as a member of the uniformed
services;
(2) is voluntarily separating or voluntarily separated from
the uniformed services at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the uniformed services with an honorable or
general discharge characterization.
SEC. 8518. SALVAGE RECOVERIES OF FEDERALLY OWNED CARGOES.
Section 57100 of title 46, United States Code, is amended
by adding at the end the following:
``(h) Funds Transfer Authority Related to the Use of
National Defense Reserve Fleet Vessels and the Provision of
Maritime-related Services.--
``(1) In general.--When the Secretary of Transportation
provides for the use of its vessels or maritime-related
services and goods under a reimbursable agreement with a
Federal entity, or State or local entity, authorized to
receive goods and services from the Maritime Administration
for programs, projects, activities, and expenses related to
the National Defense Reserve Fleet or maritime-related
services:
``(A) Federal entities are authorized to transfer funds to
the Secretary in advance of expenditure or upon providing the
goods or services ordered, as determined by the Secretary.
``(B) The Secretary shall determine all other terms and
conditions under which such payments should be made and
provide such goods and services using its existing or new
contracts, including general agency agreements, memoranda of
understanding, or similar agreements.
``(2) Reimbursable agreement with a federal entity.--
``(A) In general.--The Maritime Administration is
authorized to provide maritime-related services and goods
under a reimbursable agreement with a Federal entity.
``(B) Maritime-related services defined.--For the purposes
of this subsection, maritime-related services includes the
acquisition, procurement, operation, maintenance,
preservation, sale, lease, charter, construction,
reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or
reconditioning) of a merchant vessel or shipyard, ship site,
terminal, pier, dock, warehouse, or other installation
related to the maritime operations of a Federal entity.
``(3) Salvaging cargoes.--
``(A) In general.--The Maritime Administration may provide
services and purchase goods relating to the salvaging of
cargoes aboard vessels in the custody or control of the
Maritime Administration or its predecessor agencies and
receive and retain reimbursement from Federal entities for
all such costs as it may incur.
``(B) Reimbursement.--Reimbursement as provided for in
subparagraph (A) may come from--
``(i) the proceeds recovered from such salvage; or
``(ii) the Federal entity for which the Maritime
Administration has or will provide such
[[Page S4060]]
goods and services, depending on the agreement of the parties
involved.
``(4) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or
account that was used to cover the costs incurred by the
Secretary or, if the period of availability of obligations
for that appropriation has expired, to the appropriation of
funds that is currently available to the Secretary for
substantially the same purpose. Amounts so credited shall be
merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
``(5) Advance payments.--Payments made in advance shall be
for any part of the estimated cost as determined by the
Secretary of Transportation. Adjustments to the amounts paid
in advance shall be made as agreed to by the Secretary of
Transportation and the head of the ordering agency or unit
based on the actual cost of goods or services provided.
``(6) Bill or request for payment.--A bill submitted or a
request for payment is not subject to audit or certification
in advance of payment.''.
SEC. 8519. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF
VESSELS AND CARGOES.
Section 53909 of title 46, United States Code, is amended
by adding at the end the following:
``(e) Salvage Agreements.--The Secretary of Transportation
is authorized to enter into marine salvage agreements for the
recoveries, sale, and disposal of sunken or damaged vessels,
cargoes, or properties owned or insured by or on behalf of
the Maritime Administration, the United States Shipping
Board, the U.S. Shipping Bureau, the United States Maritime
Commission, or the War Shipping Administration.
``(f) Military Craft.--The Secretary of Transportation
shall consult with the Secretary of the military department
concerned prior to engaging in or authorizing any activity
under subsection (e) that will disturb sunken military craft,
as defined in title XIV of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 113
note).
``(g) Recoveries.--Notwithstanding other provisions of law,
the net proceeds from salvage agreements entered into as
authorized in subsection (e) shall remain available until
expended and be distributed as follows for marine insurance-
related salvages:
``(1) Fifty percent of the net funds recovered shall be
deposited in the war risk revolving fund and shall be
available for the purposes of the war risk revolving fund.
``(2) Fifty percent of the net funds recovered shall be
deposited in the Vessel Operations Revolving Fund as
established by section 50301(a) of this title and shall be
available until expended as follows:
``(A) Fifty percent shall be available to the Administrator
of the Maritime Administration for such acquisition,
maintenance, repair, reconditioning, or improvement of
vessels in the National Defense Reserve Fleet as is
authorized under other Federal law.
``(B) Twenty-five percent shall be available to the
Administrator of the Maritime Administration for the payment
or reimbursement of expenses incurred by or on behalf of
State maritime academies or the United States Merchant Marine
Academy for facility and training ship maintenance, repair,
and modernization, and for the purchase of simulators and
fuel.
``(C) The remainder shall be distributed for maritime
heritage preservation to the Department of the Interior for
grants as authorized by section 308703 of title 54.''.
SEC. 8520. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302
of title 46, United States Code, is amended by striking
subsection (c) and inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make
grants, on a competitive basis, to eligible applicants to
assist in funding eligible projects for the purpose of
improving the safety, efficiency, or reliability of the
movement of goods through ports and intermodal connections to
ports.
``(2) Eligible applicant.--The Secretary may make a grant
under this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State, or a local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional group of entities
described in this paragraph.
``(G) A lead entity described in subparagraph (A), (B),
(C), (D), (E), or (F) jointly with a private entity or group
of private entities.
``(3) Eligible projects.--The Secretary may make a grant
under this subsection--
``(A) for a project, or package of projects, that--
``(i) is either--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is directly
related to port operations or to an intermodal connection to
a port; and
``(ii) will be used to improve the safety, efficiency, or
reliability of--
``(I) the loading and unloading of goods at the port, such
as for marine terminal equipment;
``(II) the movement of goods into, out of, around, or
within a port, such as for highway or rail infrastructure,
intermodal facilities, freight intelligent transportation
systems, and digital infrastructure systems; or
``(III) environmental mitigation measures and operational
improvements directly related to enhancing the efficiency of
ports and intermodal connections to ports; or
``(B) notwithstanding paragraph (6)(A)(v), to provide
financial assistance to 1 or more projects under subparagraph
(A) for development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, and preliminary engineering and design
work.
``(4) Prohibited uses.--A grant award under this subsection
may not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that
is eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537; or
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant under this
subsection, an eligible applicant shall submit to the
Secretary an application in such form, at such time, and
containing such information as the Secretary considers
appropriate.
``(B) Solicitation process.--Not later than 60 days after
the date that amounts are made available for grants under
this subsection for a fiscal year, the Secretary shall
solicit grant applications for eligible projects in
accordance with this subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection
if the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost effective;
``(iii) the eligible applicant has authority to carry out
the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8);
``(v) the project will be completed without unreasonable
delay; and
``(vi) the project cannot be easily and efficiently
completed without Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In selecting projects
described in paragraph (3) for funding under this subsection,
the Secretary shall give substantial weight to--
``(i) the utilization of non-Federal contributions;
``(ii) the net benefits of the funds awarded under this
subsection, considering the cost-benefit analysis of the
project, as applicable; and
``(iii) the public benefits of the funds awarded under this
subsection.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a
project is cost effective, for a small project described in
paragraph (7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection
for a fiscal year may be used to make grants for projects in
any 1 State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the
lesser of--
``(i) 10 percent of the amounts made available for grants
under this subsection for a fiscal year; or
``(ii) $11,000,000.
``(C) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a grant
under this subsection, an eligible applicant shall submit to
the Secretary an estimate of the total costs of a project
under this subsection based on the best available
information, including any available engineering studies,
studies of economic feasibility, environmental analyses, and
information on the expected use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clause (ii), the
Federal share of the total costs of a project under this
subsection shall not exceed 80 percent.
[[Page S4061]]
``(ii) Rural areas.--The Secretary may increase the Federal
share of costs above 80 percent for a project located in a
rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting,
and review procedures to ensure that--
``(A) grant funds are used for the purposes for which those
funds were made available;
``(B) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(10) Conditions.--
``(A) In general.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(i) maintain such records as the Secretary considers
necessary;
``(ii) make the records described in clause (i) available
for review and audit by the Secretary; and
``(iii) periodically report to the Secretary such
information as the Secretary considers necessary to assess
progress.
``(B) Labor.--The Federal wage rate requirements of
subchapter IV of chapter 31 of title 40 shall apply, in the
same manner as such requirements apply to contracts subject
to such subchapter, to--
``(i) each project for which a grant is provided under this
subsection; and
``(ii) all portions of a project described in clause (i),
regardless of whether such a portion is funded using--
``(I) other Federal funds; or
``(II) non-Federal funds.
``(11) Limitation on statutory construction.--Nothing in
this subsection shall be construed to affect existing
authorities to conduct port infrastructure programs in--
``(A) Hawaii, as authorized by section 9008 of the SAFETEA-
LU Act (Public Law 109-59; 119 Stat. 1926);
``(B) Alaska, as authorized by section 10205 of the
SAFETEA-LU Act (Public Law 109-59; 119 Stat. 1934); or
``(C) Guam, as authorized by section 3512 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (48 U.S.C. 1421r).
``(12) Administration.--
``(A) Administrative and oversight costs.--The Secretary
may retain not more than 2 percent of the amounts
appropriated for each fiscal year under this subsection for
the administrative and oversight costs incurred by the
Secretary to carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for carrying out
this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant under
this subsection that are not expended by the grantee during
the 5-year period following the date of the award shall
remain available to the Secretary for use for grants under
this subsection in a subsequent fiscal year.
``(13) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and Infrastructure
of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) a seaport; and
``(ii) an inland waterways port.
``(C) Project.--The term `project' includes construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(D) Rural area.--The term `rural area' means an area that
is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying
out this section, the Secretary may--
``(1) receive funds from a Federal or non-Federal entity
that has a specific agreement with the Secretary to further
the purposes of this section;
``(2) coordinate with other Federal agencies to expedite
the process established under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the
improvement of port facilities to improve the efficiency of
the transportation system, to increase port security, or to
provide greater access to port facilities;
``(3) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(4) in addition to any financial assistance provided
under subsection (c), provide such technical assistance to
port authorities or commissions or their subdivisions and
agents as needed for project planning, design, and
construction.''.
(c) Savings Clause.--A repeal made by subsection (b) of
this section shall not affect amounts apportioned or
allocated before the effective date of the repeal. Such
apportioned or allocated funds shall continue to be subject
to the requirements to which the funds were subject under
section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this title.
SEC. 8521. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Secretary of Defense shall
submit to the congressional defense committees a report on
port facilities used for military purposes at ports
designated by the Department of Defense as strategic
seaports.
(b) Elements.--The report required by subsection (a) shall
include, with respect to port facilities included in the
report, the following:
(1) An assessment whether there are structural integrity or
other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure improvements to such
facilities that would be needed to meet, directly or
indirectly, national security and readiness requirements;
(B) an assessment of the impact on operational readiness of
the Armed Forces if such improvements are not undertaken; and
(C) an identification of, to the maximum extent practical,
all potential funding sources for such improvements from
existing authorities.
(3) An identification of the support that would be
appropriate for the Department of Defense to provide in the
execution of the Secretary of Transportation's
responsibilities under section 50302 of title 46, United
States Code, with respect to such facilities.
(4) If additional statutory or administrative authorities
would be required for the provision of support as described
in paragraph (3), recommendations for legislative or
administrative action to establish such authorities.
(c) Consultation.--The Secretary of Defense shall prepare
the report required by subsection (a) in consultation with
the Maritime Administrator and the individual responsible for
each port facility described in such subsection.
SEC. 8522. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Maritime Administrator, on behalf of the
Secretary of Transportation, shall engage in the study'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'' and inserting ``shall''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``that are likely to achieve environmental improvements by''
and inserting ``to improve'';
(ii) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(iii) by inserting before clause (i), the following:
``(A) environmental performance to meet United States
Federal and international standards and guidelines,
including--''; and
(iv) in clause (iii), as redesignated by clause (ii), by
striking ``species; and'' and all that follows through the
end of the subsection and inserting ``species; or
``(iv) reducing propeller cavitation; and
``(B) the efficiency and safety of domestic maritime
industries; and
``(2) coordinate with the Environmental Protection Agency,
the Coast Guard, and other Federal, State, local, or tribal
agencies, as appropriate.''.
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime
industries''; and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--Not more than 3
percent of funds appropriated to carry out this program may
be used for administrative purposes.''.
SEC. 8523. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
Section 54101(d) of title 46, United States Code, is
amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no funds
may be obligated by the Administrator of the Maritime
Administration under this section, unless each product and
material purchased with those funds (including products and
materials purchased by a grantee), and including any
commercially available off-the-shelf item, is--
``(i) an unmanufactured article, material, or supply that
has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that has
been manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A), the
requirements of that subparagraph shall not apply with
respect to a particular product or material if the
Administrator determines--
``(I) that the application of those requirements would be
inconsistent with the public interest;
``(II) that such product or material is not available in
the United States in sufficient and reasonably available
quantities, of a satisfactory quality, or on a timely basis;
or
``(III) that inclusion of a domestic product or material
will increase the cost of that product or material by more
than 25 percent, with respect to a certain contract between a
grantee and that grantee's supplier.
[[Page S4062]]
``(ii) Federal register.--A determination made by the
Administrator under this subparagraph shall be published in
the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially available off-the-shelf item'
means--
``(I) any item of supply (including construction material)
that is--
``(aa) a commercial item, as defined by section 2.101 of
title 48, Code of Federal Regulations (as in effect on the
date of enactment of the Maritime Administration
Authorization and Enhancement Act of 2019); and
``(bb) sold in substantial quantities in the commercial
marketplace; and
``(II) does not include bulk cargo, as defined in section
40102(4) of this title, such as agricultural products and
petroleum products.
``(ii) The term `product or material' means an article,
material, or supply brought to the site by the recipient for
incorporation into the building, work, or project. The term
also includes an item brought to the site preassembled from
articles, materials, or supplies. However, emergency life
safety systems, such as emergency lighting, fire alarm, and
audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are
produced as complete systems, are evaluated as a single and
distinct construction material regardless of when or how the
individual parts or components of those systems are delivered
to the construction site.
``(iii) The term `United States' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.''.
SEC. 8524. IMPROVEMENT OF NATIONAL OCEANOGRAPHIC PARTNERSHIP
PROGRAM.
(a) Additional Means of Achievement of Goals of Program
Through Oceanographic Efforts.--Section 8931(b)(2)(A) of
title 10, United States Code, is amended--
(1) by inserting ``, creating,'' after ``identifying''; and
(2) by inserting ``science,'' after ``areas of''.
(b) National Ocean Research Leadership Council
Membership.--Section 8932 of title 10, United States Code, is
amended--
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively;
(2) in subsection (b)--
(A) by striking paragraph (10);
(B) by redesignating paragraphs (11) through (14) as
paragraphs (12) through (15), respectively; and
(C) by inserting after paragraph (9) the following new
paragraphs:
``(10) The Director of the Bureau of Ocean Energy
Management of the Department of the Interior.
``(11) The Director of the Bureau of Safety and
Environmental Enforcement of the Department of the
Interior.'';
(3) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (B), by striking ``broad participation
within the oceanographic community'' and inserting
``appropriate participation within the oceanographic
community, which may include public, academic, commercial,
and private participation or support''; and
(ii) in subparagraph (E), by striking ``peer''; and
(B) in paragraph (3), by striking subparagraph (D) and
inserting the following:
``(D) Preexisting facilities, such as regional data centers
operated by the Integrated Ocean Observing System, and
expertise.'';
(4) in subsection (e)--
(A) in the subsection heading by striking ``Report'' and
inserting ``Briefing'';
(B) in the matter preceding paragraph (1), by striking ``to
Congress a report'' and inserting ``to the Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Armed Services of the Senate, the Committee on
Energy and Natural Resources of the Senate, the Committee on
Natural Resources of the House of Representatives, and the
Committee on Armed Services of the House of Representatives a
briefing'';
(C) by striking ``report'' and inserting ``briefing'' each
place the term appears;
(D) by striking paragraph (4) and inserting the following:
``(4) A description of the involvement of Federal agencies
and non-Federal contributors participating in the program.'';
and
(E) in paragraph (5), by striking ``and the estimated
expenditures under such programs, projects, and activities
during such following fiscal year'' and inserting ``and the
estimated expenditures under such programs, projects, and
activities of the program during such following fiscal
year'';
(5) by inserting after subsection (e) the following:
``(f) Report.--Not later than March 1 of each year, the
Council shall publish on a publically available website a
report summarizing the briefing described in subsection
(e).'';
(6) in subsection (g), as redesignated by paragraph (1)--
(A) by striking paragraph (1) and inserting the following:
``(1) The Secretary of the Navy shall establish an office
to support the National Oceanographic Partnership Program.
The Council shall use competitive procedures in selecting an
operator for the partnership program office.''; and
(B) in paragraph (2)(B), by inserting ``, where
appropriate,'' before ``managing''; and
(7) by amending subsection (h), as redesignated by
paragraph (1), to read as follows:
``(h) Contract and Grant Authority.--
``(1) In general.--To carry out the purposes of the
National Oceanographic Partnership Program, the Council shall
have, in addition to other powers otherwise given it under
this chapter, the following authorities:
``(A) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants or cooperative agreements, and establish and
manage new collaborative programs as considered appropriate,
to address emerging science priorities using both donated and
appropriated funds.
``(B) To authorize the program office under subsection (g),
on behalf of and subject to the direction and approval of the
Council, to accept funds, including fines and penalties, from
other Federal and State departments and agencies.
``(C) To authorize the program office, on behalf of and
subject to the direction and approval of the Council, to
award grants and enter into contracts for purposes of the
National Oceanographic Partnership Program.
``(D) To transfer funds to other Federal and State
departments and agencies in furtherance of the purposes of
the National Oceanographic Partnership Program.
``(E) To authorize one or more of the departments or
agencies represented on the Council to enter into contracts
and make grants, for the purpose of implementing the National
Oceanographic Partnership Program and carrying out the
responsibilities of the Council.
``(F) To use, with the consent of the head of the agency or
entity concerned, on a non-reimbursable basis, the land,
services, equipment, personnel, facilities, advice, and
information provided by a Federal agency or entity, State,
local government, Tribal government, territory, or
possession, or any subdivisions thereof, or the District of
Columbia as may be helpful in the performance of the duties
of the Council.
``(2) Funds transferred.--Funds identified for direct
support of National Oceanographic Partnership Program grants
are authorized for transfer between agencies and are exempt
from section 1535 of title 31 (commonly known as the
``Economy Act of 1932'').''.
(c) Ocean Research Advisory Panel.--Section 8933(a)(4) of
title 10, United States Code, is amended by striking ``State
governments'' and inserting ``State and Tribal governments''.
SEC. 8525. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN
PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States
Code, is amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national
interest that meets characteristics determined by the
Administrator, in consultation with the Secretary of Defense,
the Secretary of the Department in which the Coast Guard
Operates, or the heads of other Federal agencies, as
described in section 53703(d).''.
(b) Preferred Lender.--Section 53702(a) of title 46, United
States Code, is amended by adding at the end the following:
``(2) Preferred eligible lender.--The Federal Financing
Bank shall be the preferred eligible lender of the principal
and interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title
46, United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration'';
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or
legal structures related to an application or guarantee under
this chapter, the Secretary or Administrator may utilize
third party experts, including legal counsel, to--
``(A) process and review applications under this chapter,
including conducting independent analysis and review of
aspects of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of the
guarantee;
``(D) recommend financial covenants or financial ratios to
be met by the applicant during the time a guarantee under
this chapter is outstanding that are--
``(i) based on the financial covenants or financial ratios,
if any, that are then applicable to the obligor under private
sector credit agreements; and
``(ii) in lieu of other financial covenants applicable to
the obligor under this chapter with respect to requirements
regarding long-term debt-to-equity, minimum working capital,
or minimum amount of equity; and
``(E) represent the Secretary or Administrator to protect
the security interests of the Government relating to an
obligation guarantee.
[[Page S4063]]
``(2) Private sector expert.--Independent analysis, review,
and representation conducted under this subsection shall be
performed by a private sector expert in the applicable field
who is selected by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator
may post a notice in the Federal Register regarding the
availability of funding for obligation guarantees under this
chapter for the construction, reconstruction, or
reconditioning of a Vessel of National Interest and include a
timeline for the submission of applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator, in
consultation with the Secretary of Defense, the Secretary of
the Department in which the Coast Guard Operates, or the
heads of other Federal agencies, shall develop and publish a
list of vessel types that would be considered Vessels of
National Interest.
``(B) Review.--Such list shall be reviewed and revised
every 4 years or as necessary, as determined by the
Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows through
``$850,000,000'' and inserting ``that amount, $850,000,000'';
and
(B) by striking ``facilities'' and all that follows through
the end of the subsection and inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K), as
subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of
title 46, United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel);''
(B) in clause (iv) by adding ``or'' after the semicolon;
(C) in clause (v), by striking ``; or'' and inserting a
period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B), Vessels of
National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46,
United States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46,
United States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all that follows
through ``party''; and
(ii) by striking ``and'' after the semicolon; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United States for
the term of the guarantee of the obligation or until the
obligation is paid in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and Provide
for the Financial Stability of the Obligor'' after
``Interests'';
(B) by striking ``provisions for the protection of'' and
inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the Secretary or
Administrator may prescribe.'' and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or
Administrator may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United
States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``reasonable for--'' and inserting `` reasonable for
processing the application and monitoring the loan guarantee,
including for--'';
(B) in paragraph (4), by striking ``; and'' and inserting
``or a deposit fund under section 53716 of this title;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the
obligations, the guarantee, or maintenance of the Secretary
or Administrator's security interests under this chapter.'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section 53708(d)
of this title'' and inserting ``under section 53703(c) of
this title'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under
this subsection are not subject to the limitation of
subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537
of title 46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all
standard documents and agreements that relate to loan
guarantees made pursuant to this chapter are reviewed and
updated every four years to ensure that such documents and
agreements meet the current commercial best practices to the
extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Express Consideration of Low-risk Applications.--Not
later than 180 days after the date of enactment of this
title, the Administrator of the Maritime Administration
shall, in consultation with affected stakeholders, create a
process for express processing of low-risk maritime
guaranteed loan applications under chapter 537 of title 46,
United States Code, based on Federal and industry best
practices, including proposals to better assist applicants to
submit complete applications within 6 months of the initial
application.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before
reorganizing or consolidating the activities or personnel
covered under chapter 537 of title 46, United States Code,
the Secretary of Transportation shall notify, in writing, the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives of the proposed
reorganization or consolidation.
(2) Contents.--Each notification under paragraph (1) shall
include an evaluation of, and justification for, the
reorganization or consolidation.
(l) Clerical Amendments.--
(1) The table of sections at the beginning of chapter 537
of title 46, United States Code, is amended by inserting
after the item relating to section 53718 the following new
item:
``53719. Best practices.''.
(2) The table of sections at the beginning of chapter 537
of title 46, United States Code, is further amended by
striking the item relating to section 53732.
SEC. 8526. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later
than 120 days after the date of enactment of this title, the
Director of the Office of Personnel Management, in
consultation with the Administrator of the Maritime
Administration, shall identify key skills and competencies
necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military
service in each of the following positions within the Office
of the Commandant:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 46 U.S.C. 51318 note) is amended by
inserting ``domestic and international'' after ``criteria
that''.
SEC. 8527. UNITED STATES MERCHANT MARINE ACADEMY'S SEXUAL
ASSAULT PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days
after the date of enactment of this title, the
recommendations in the Inspector General of the Department of
Transportation's report on the effectiveness of the United
States Merchant Marine Academy's Sexual Assault Prevention
and Response program (mandated under section 3512 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation
shall submit a report to Congress--
(1) confirming that the recommendations described in
subsection (a) have been fully implemented, and explaining
how those recommendations have been implemented; or
(2) if such recommendations have not been fully implemented
as of the date of the report, including an explanation of why
such recommendations have not been fully implemented and a
description of the resources that are needed to fully
implement such recommendations.
SEC. 8528. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Energy, the Secretary of
the Interior, and the heads of other relevant agencies as
appropriate, shall prepare and submit a report on the need
for vessels to install, operate, and maintain emerging
offshore energy infrastructure, including offshore wind
energy.
(b) Contents.--Such report shall include--
(1) an inventory of vessels (including existing vessels and
vessels that have the potential to be refurbished) to
install, operate, and maintain such emerging offshore energy
infrastructure;
(2) a projection of existing vessels needed to meet such
emerging offshore energy needs over the next 10 years; and
(3) policy recommendations to ensure the vessel capacity to
support such emerging offshore energy.
[[Page S4064]]
(c) Transmittal.--Not later than 6 months after the date of
enactment of this title, the Secretary of Transportation
shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Natural Resources of the Senate, and the Committee
on Transportation and Infrastructure of the House of
Representatives.
Subtitle B--Maritime SAFE Act
SEC. 8531. SHORT TITLES.
(a) Short Titles.--This subtitle may be cited as the
``Maritime Security and Fisheries Enforcement Act'' or the
``Maritime SAFE Act''.
SEC. 8532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of
Federal Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security,
stability, and prosperity across approximately 3,200,000
square miles of international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a maritime
boundary that has been established by a treaty in force or a
treaty that is being provisionally applied by the United
States; or
(ii) in the absence of a treaty described in clause (i)--
(I) a zone, the outer boundary of which is 200 nautical
miles from the baseline from which the breadth of the
territorial sea is measured; or
(II) if the distance between the United States and another
country is less than 400 nautical miles, a zone, the outer
boundary of which is represented by a line equidistant
between the United States and the other country.
(B) Inner boundary.--Without affecting any Presidential
Proclamation with regard to the establishment of the United
States territorial sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States, a line coterminous with
the seaward boundary of each such State (as described in
section 4 of the Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of Puerto Rico, a line
that is 3 marine leagues from the coastline of the
Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the United States
Virgin Islands, Guam, and the Northern Mariana Islands, a
line that is 3 geographic miles from the coastlines of
American Samoa, the United States Virgin Islands, Guam, or
the Northern Mariana Islands, respectively; or
(iv) for any possession of the United States not referred
to in clause (ii) or (iii), the coastline of such possession.
(C) Rule of construction.--Nothing in this paragraph may be
construed to diminish the authority of the Department of
Defense, the Department of the Interior, or any other Federal
department or agency.
(4) Food security.--The term ``food security'' means access
to, and availability, utilization, and stability of,
sufficient food to meet caloric and nutritional needs for an
active and healthy life.
(5) Global record of fishing vessels, refrigerated
transport vessels, and supply vessels.--The term ``global
record of fishing vessels, refrigerated transport vessels,
and supply vessels'' means the Food and Agriculture
Organization of the United Nations' initiative to rapidly
make available certified data from state authorities about
vessels and vessel related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such
terms are defined in paragraph 3 of the International Plan of
Action to Prevent, Deter, and Eliminate Illegal, Unreported
and Unregulated Fishing, adopted at the 24th Session of the
Committee on Fisheries in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State
Measures to Prevent, Deter, and Eliminate Illegal,
Unreported, and Unregulated Fishing set forth by the Food and
Agriculture Organization of the United Nations, done at Rome,
Italy November 22, 2009, and entered into force June 5, 2016,
which offers standards for reporting and inspecting fishing
activities of foreign-flagged fishing vessels at port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section
8552(b)(3)--
(A) whereby the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU fishing;
and
(B) that is willing, but lacks the capacity, to monitor or
take effective enforcement action against its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 8552(b)(2)--
(A) that is at high risk for IUU fishing activity or the
entry of illegally caught seafood into the markets of
countries in the region; and
(B) in which countries lack the capacity to fully address
the illegal activity described in subparagraph (A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish
conservation and management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, including those
grown, produced, or reared through marine aquaculture
operations or techniques; and
(B) does not include marine mammals, turtles, or birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of
individuals who operate transnationally for the purpose of
obtaining power, influence, or monetary or commercial gains,
wholly or in part by illegal means, while protecting their
activities through a pattern of corruption or violence or
through a transnational organizational structure and the
exploitation of transnational commerce or communication
mechanisms.
(13) Transshipment.--The term ``transshipment'' means the
use of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows fishing
vessels to remain at sea for extended periods without coming
into port.
SEC. 8533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats
to maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter
IUU fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries management and food
security;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source
for transnational organized groups that undermine United
States and global security interests.
SEC. 8534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in seafood
and seafood products derived from IUU fishing, including its
links to forced labor and transnational organized illegal
activity;
(2) to develop holistic diplomatic, military, law
enforcement, economic, and capacity-building tools to counter
IUU fishing;
(3) to provide technical assistance to countries in
priority regions and priority flag states to combat IUU
fishing, including assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the engagement of
law enforcement and security forces;
(B) to enhance port capacity and security, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement;
(C) to combat corruption and increase transparency and
traceability in fisheries management and trade;
(D) to enhance information sharing within and across
governments and multilateral organizations through the
development and use of agreed standards for information
sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe fisheries and
act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved
maritime domain awareness;
(5) to engage with priority flag states to encourage the
use of high quality vessel tracking technologies where
existing enforcement tools are lacking;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of
the United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements
to combat IUU fishing;
(9) to employ appropriate assets and resources of the
United States Government in a coordinated manner to disrupt
the illicit networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the
United States Government that can be used to help counter IUU
fishing;
[[Page S4065]]
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and
illegal trade in narcotics and arms, and as applicable, to
focus on illicit activity in a coordinated, cross-cutting
manner;
(12) to recognize and respond to poor working conditions,
labor abuses, and other violent crimes in the fishing
industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries management and
food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 8541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in conjunction with the Secretary
of Commerce, shall coordinate with Regional Fisheries
Management Organizations and the Food and Agriculture
Organization of the United Nations, and may coordinate with
other relevant international governmental or nongovernmental
organizations, or the private sector, as appropriate, to
enhance regional responses to IUU fishing and related
transnational organized illegal activities.
SEC. 8542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED
STATES.
Not later than 1 year after the date of the enactment of
this title, each chief of mission (as defined in section 102
of the Foreign Service Act of 1980 (22 U.S.C. 3902)) to a
relevant country in a priority region or to a priority flag
state may, if the Secretary of State determines such action
is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include
stakeholders such as--
(A) United States officials from relevant agencies
participating in the interagency Working Group identified in
section 8551, foreign officials, nongovernmental
organizations, the private sector, and representatives of
local fishermen in the region; and
(B) experts on IUU fishing, law enforcement, criminal
justice, transnational organized illegal activity, defense,
intelligence, vessel movement monitoring, and international
development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 8543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW
ENFORCEMENT WITHIN PRIORITY REGIONS AND
PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in collaboration
with the Secretary of Commerce and the Commandant of the
Coast Guard when the Coast Guard is operating in, or as a
component of, the Department of Homeland Security, as well as
any other relevant department or agency, shall provide
assistance, as appropriate, in accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--
The officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to
countries in priority regions and priority flag states to
improve the effectiveness of IUU fishing enforcement, with
clear and measurable targets and indicators of success,
including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat
IUU fishing with efforts to combat other illegal trade,
including weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing, including in those
countries that have not adopted the Port State Measures
Agreement;
(4) by supporting increased effectiveness and transparency
of the fisheries enforcement sectors of the governments of
such countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and
prosecuting IUU fishing.
(c) Port Security Assistance.--The officials referred to in
subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to countries in priority regions
and priority flag states to help those states implement
programs related to port security and capacity for the
purposes of preventing IUU fishing products from entering the
global seafood market, including by supporting other
countries in working toward the adoption and implementation
of the Port State Measures Agreement.
(d) Capacity Building for Investigations and
Prosecutions.--The officials referred to in subsection (a),
in collaboration with the governments of countries in
priority regions and of priority flag states, shall evaluate
opportunities to assist those countries in designing and
implementing programs in such countries, as appropriate, to
increase the capacity of IUU fishing enforcement and customs
and border security officers to improve their ability--
(1) to conduct effective investigations, including using
law enforcement techniques such as undercover investigations
and the development of informer networks and actionable
intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter
into and implement new shiprider agreements, as appropriate,
including in those countries that have not adopted the Port
State Measures Agreement;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and
prosecution of IUU fishing;
(6) to conduct DNA-based and forensic identification of
seafood used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations
related to international matters, financial issues, and
government corruption that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as
alleged perpetrators of IUU fishing and other associated
crimes such as trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize
whistleblowers to come forward with original information
related to IUU fishing.
(e) Capacity Building for Information Sharing.--The
officials referred to in subsection (a) shall evaluate
opportunities to provide assistance, as appropriate, to key
countries in priority regions and priority flag states in the
form of training, equipment, and systems development to build
capacity for information sharing related to maritime
enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The
Secretary of State, in collaboration with the Commandant of
the Coast Guard when the Coast Guard is operating in, or as a
component of, the Department of Homeland Security, and the
Secretary of Commerce, shall coordinate with other relevant
agencies, as appropriate, in accordance with this section.
SEC. 8544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU
FISHING.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard when the Coast Guard is operating in, or
as a component of, the Department of Homeland Security, the
Secretary of Defense, the Secretary of Commerce, the Attorney
General, and the heads of other appropriate Federal agencies
shall assess opportunities to combat IUU fishing by
expanding, as appropriate, the use of the following
mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include
counter-IUU fishing with priority flag states and countries
in priority regions with which the United States does not
already have such an agreement.
(3) Including counter-IUU fishing as part of the mission of
the Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual
at-sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
SEC. 8545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY
PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of the Coast Guard when the Coast Guard is operating in, or
as a component of, the Department of Homeland Security, the
Secretary of Commerce, and the heads of other Federal
agencies, if merited, shall work, as appropriate, with
priority flag states and key countries in priority regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for
imports of seafood and seafood products;
(2) to improve the capacity of seafood industries within
such countries through information sharing and training to
meet the requirements of transparency and traceability
standards for seafood and seafood product imports, including
catch documentation and trade tracking programs adopted by
relevant regional fisheries management organizations;
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness; and
(4) to support the implementation of seafood traceability
standards in such countries to prevent IUU fishing products
from entering the global seafood market and assess capacity
and training needs in those countries.
SEC. 8546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United
States Agency for International Development, the Commandant
of
[[Page S4066]]
the Coast Guard when the Coast Guard is operating in, or as a
component of, the Department of Homeland Security, the
Secretary of Defense, the Secretary of Commerce, and the
heads of other Federal agencies, as appropriate, shall pursue
programs to expand the role of technology for combating IUU
fishing, including by--
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel
tracking technologies and data sharing, in priority regions
and priority flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including
vessel monitoring systems, AIS, or other vessel movement
monitoring technologies on fishing vessels and transshipment
vessels at all times, as appropriate, while at sea as a means
to identify IUU fishing activities and the shipment of
illegally caught fish products; and
(4) building partnerships with the private sector,
including universities, nonprofit research organizations, the
seafood industry, and the technology, transportation and
logistics sectors, to leverage new and existing technologies
and data analytics to address IUU fishing.
SEC. 8547. SAVINGS CLAUSE.
No provision of section 8532 or of this part shall impose,
or be interpreted to impose, any duty, responsibility,
requirement, or obligation on the Department of Defense, the
Department of the Navy, or any official or component of
either.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 8551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative
interagency working group on maritime security and IUU
fishing (referred to in this subtitle as the ``Working
Group'').
(b) Members.--The members of the Working Group shall be
composed of--
(1) 1 chair, who shall rotate between the Coast Guard, the
Department of State, and the National Oceanographic and
Atmospheric Administration on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their
respective agency heads and shall be from a different
Department than that of the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 11 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 5 members, who shall be appointed by the President,
from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy; and
(E) the Office of the United States Trade Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing
globally, including by--
(1) improving the coordination of Federal agencies to
identify, interdict, investigate, prosecute, and dismantle
IUU fishing operations and organizations perpetrating and
knowingly benefitting from IUU fishing;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related
to maritime enforcement;
(4) developing a strategy to determine how military assets
and intelligence can contribute to enforcement strategies to
combat IUU fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to
leverage awareness for enhanced enforcement and prosecution
actions against IUU fishing;
(6) supporting the adoption and implementation of the Port
State Measures Agreement in relevant countries and assessing
the capacity and training needs in such countries;
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the
Coast Guard and relevant countries;
(8) enhancing cooperation with partner governments to
combat IUU fishing;
(9) identifying opportunities for increased information
sharing between Federal agencies and partner governments
working to combat IUU fishing;
(10) consulting and coordinating with the seafood industry
and nongovernmental stakeholders that work to combat IUU
fishing;
(11) supporting the work of collaborative international
initiatives to make available certified data from state
authorities about vessel and vessel-related activities
related to IUU fishing;
(12) supporting the identification and certification
procedures to address IUU fishing in accordance with the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826d et seq.); and
(13) publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing.
SEC. 8552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date
of the enactment of this title, the Working Group, after
consultation with the relevant stakeholders, shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives a 5-year integrated strategic plan on
combating IUU fishing and enhancing maritime security,
including specific strategies with monitoring benchmarks for
addressing IUU fishing in priority regions.
(b) Identification of Priority Regions and Priority Flag
States.--
(1) In general.--The strategic plan submitted under
subsection (a) shall identify priority regions and priority
flag states to be the focus of assistance coordinated by the
Working Group under section 8551.
(2) Priority region selection criteria.--In selecting
priority regions under paragraph (1), the Working Group shall
select regions that--
(A) are at high risk for IUU fishing activity or the entry
of illegally caught seafood into their markets; and
(B) lack the capacity to fully address the issues described
in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group
shall select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing; and
(B) that lack the capacity to police their fleet.
SEC. 8553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 8552, and 5 years
after, the Working Group shall submit a report to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
the Judiciary of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Agriculture,
Nutrition, and Forestry of the Senate, the Committee on
Natural Resources of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Appropriations of the House of
Representatives that contains--
(1) a summary of global and regional trends in IUU fishing;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and
strategies that would benefit from increased information
sharing and recommendations regarding harmonization of data
collection and sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement
operations or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to
IUU fishing in priority regions and an assessment of the
capacity of countries within such regions to respond to those
threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of
assistance by the United States pursuant to the strategic
plan developed under section 8552, including--
(A) the identification of--
(i) relevant supply routes, ports of call, methods of
landing and entering illegally caught product into legal
supply chains, and financial institutions used in each
country by participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are related to money
laundering;
(B) an assessment of the adherence to, or progress toward
adoption of, international treaties related to IUU fishing,
including the Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by countries in
priority regions of seafood traceability or capacity to apply
traceability to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of countries in priority
regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in priority
regions to increase maritime domain awareness; and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the
programs for which the United States has provided assistance
under this subtitle;
(7) an assessment of the capacity of priority flag states
to track the movement of and police their fleet, prevent
their flagged vessels from engaging in IUU fishing, and
enforce applicable laws and regulations; and
[[Page S4067]]
(8) an assessment of the extent of involvement in IUU
fishing of organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
SEC. 8554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this title, the Administrator of the
National Oceanic and Atmospheric Administration, in
coordination with the Coast Guard and the Department of
State, shall establish a subworking group to address IUU
fishing in the exclusive economic zone of the United States
in the Gulf of Mexico.
(b) Functions.--The subworking group established under
subsection (a) shall identify--
(1) Federal actions taken and policies established during
the 5-year period immediately preceding the date of the
enactment of this title with respect to IUU fishing in the
exclusive economic zone of the United States in the Gulf of
Mexico, including such actions and policies related to--
(A) the surveillance, interdiction, and prosecution of any
foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d
et seq.) to any relevant nation, including the status of any
past or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal
agencies described in subsection (a) can take, using existing
resources, to combat IUU fishing in the exclusive economic
zone of the United States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing
Subworking Group is established under subsection (a), the
group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives that
contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described
in subsection (a) to implement each action or policy
identified pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 8561. FINDING.
Congress finds that human trafficking, including forced
labor, is a pervasive problem in the catching and processing
of certain seafood products imported into the United States,
particularly seafood products obtained through illegal,
unreported, and unregulated fishing.
SEC. 8562. ADDING THE SECRETARY OF COMMERCE TO THE
INTERAGENCY TASK FORCE TO MONITOR AND COMBAT
TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by
inserting ``the Secretary of Commerce,'' after ``the
Secretary of Education,''.
SEC. 8563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN
REPORT.
(a) In General.--Not later than 1 year after the date of
the enactment of this title, the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration shall jointly submit a report to the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Natural
Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that describes the existence of human trafficking, including
forced labor, in the supply chains of seafood products
imported into the United States.
(b) Report Elements.--The report required under subsection
(a) shall include--
(1) a list of the countries at risk for human trafficking,
including forced labor, in their seafood catching and
processing industries, and an assessment of such risk for
each listed country;
(2) a description of the quantity and economic value of
seafood products imported into the United States from the
countries on the list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in
the countries on the list compiled pursuant to paragraph (1)
to trace and account for the manner in which seafood is
caught;
(4) a description of domestic and international enforcement
mechanisms to deter illegal practices in the catching of
seafood in the countries on the list compiled pursuant to
paragraph (1); and
(5) such recommendations as the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration jointly consider appropriate for legislative
or administrative action to enhance and improve actions
against human trafficking, including forced labor, in the
catching and processing of seafood products outside of United
States waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 8571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this
subtitle shall be derived from amounts appropriated or
otherwise made available to the relevant agencies and
departments.
(b) No Increase in Contributions.--Nothing in this subtitle
shall be construed to authorize an increase in required or
voluntary contributions paid by the United States to any
multilateral or international organization.
SEC. 8572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of
this title, the head of each Federal agency receiving or
allocating funds to carry out activities under this subtitle
shall, to the greatest extent practicable, prepare and submit
to Congress a report that provides an accounting of all funds
made available under this subtitle to the Federal agency.
DIVISION F--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
SEC. 9001. SHORT TITLE.
This division may be cited as the ``Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Year 2020''.
SEC. 9002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE XCI--INTELLIGENCE ACTIVITIES
SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 9102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 9101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 9101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 9103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2020 the sum of $558,000,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2020 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 9102(a).
TITLE XCII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 9201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement
[[Page S4068]]
and Disability Fund $514,000,000 for fiscal year 2020.
TITLE XCIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 9301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 9302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 9303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN
INTELLIGENCE PERSONNEL.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) Covered elements of the intelligence community.--The
term ``covered elements of the intelligence community'' means
the elements of the intelligence community that are within
the following:
(A) The Department of Energy.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Department of State.
(E) The Department of the Treasury.
(b) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before
the date of the enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report that outlines a common methodology for measuring
onboarding in covered elements of the intelligence community,
including human resources and security processes;
(2) not later than 1 year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will
be reported by the date that is 90 days after the date of
such issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on collaboration among covered elements of the
intelligence community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on employment of automated mechanisms in covered
elements of the intelligence community, including for
tracking personnel as they pass through each phase of the
onboarding process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their
experiences with the onboarding process in covered elements
of the intelligence community.
SEC. 9304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT
EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall develop
policies, processes, and procedures to facilitate the
rotation of personnel of the intelligence community to the
private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the
Director pursuant to subsection (a), with the agreement of a
private-sector organization, and with the consent of the
employee, a head of an element of the intelligence community
may arrange for the temporary detail of an employee of such
element to such private-sector organization, or from such
private-sector organization to such element under this
section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under
subsection (a) shall provide for a written agreement among
the element of the intelligence community, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the employee's detail under this section.
The agreement--
(A) shall require that the employee of the element, upon
completion of the detail, serve in the element, or elsewhere
in the civil service if approved by the head of the element,
for a period of at least equal to the length of the detail;
(B) shall provide that if the employee of the element fails
to carry out the agreement, such employee shall be liable to
the United States for payment of all non-salary and benefit
expenses of the detail, unless that failure was for good and
sufficient reason, as determined by the head of the element;
(C) shall contain language informing such employee of the
prohibition on improperly sharing or using non-public
information that such employee may be privy to or aware of
related to element programming, budgeting, resourcing,
acquisition, or procurement for the benefit or advantage of
the private-sector organization; and
(D) shall contain language requiring the employee to
acknowledge the obligations of the employee under section
1905 of title 18, United States Code (relating to trade
secrets).
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that
the collection would be against equity and good conscience
and not in the best interests of the United States, after
taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(d) Termination.--A detail under this section may, at any
time and for any reason, be terminated by the head of the
element of the intelligence community concerned or the
private-sector organization concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that
such detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during
the period of detail, to be on a regular work assignment in
the element for all purposes. The written agreement
established under subsection (c)(1) shall address the
specific terms and conditions related to the employee's
continued status as a Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such employee
shall not have an adverse or negative impact on mission
attainment or organizational capabilities associated with the
detail; and
(B) in the case of an element of the intelligence community
in the Department of Defense, ensure that the normal duties
and functions of such employees are not, as a result of and
during the course of such temporary detail, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of title 10, United States Code.
(g) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is detailed to
an element of the intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(D) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent
the provisions of section 2461 of title 10, United States
Code.
(h) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge an element of the intelligence community or any other
agency of the Federal Government, as direct costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee detailed to an element of the
intelligence community under this section for the period of
the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out
this section, the Director, pursuant to procedures developed
under subsection (a)--
[[Page S4069]]
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business
concerns for the salaries and benefits of its employees
during the periods when the small business concern agrees to
detail its employees to the intelligence community under this
section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet
the needs of the intelligence community, including with
respect to the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community;
and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this
section improves the efficiency and effectiveness of the
intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an element of
the intelligence community to a private-sector organization
without a change of position from the intelligence community
element that employs the individual; or
(B) the assignment or loan of an employee of a private-
sector organization to an element of the intelligence
community without a change of position from the private-
sector organization that employs the individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section
3703(e)(2) of title 5, United States Code.
SEC. 9305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES
OF COVERT AGENTS.
Section 605(4) of the National Security Act of 1947 (50
U.S.C. 3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and inserting ``;
or''; and
(C) by striking ``agency--'' and all that follows through
``whose identity'' and inserting ``agency whose identity'';
and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 9306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT
PLANS REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS
IN NATIONAL INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security
risks,'' after ``schedule,''.
SEC. 9307. PAID PARENTAL LEAVE.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Parental Leave for Intelligence
Community Employees.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID PARENTAL LEAVE.
``(a) Paid Parental Leave.--Notwithstanding any other
provision of law, a civilian employee of an element of the
intelligence community shall have available a total of 12
administrative workweeks of paid parental leave in the event
of the birth of a son or daughter to the employee, or
placement of a son or daughter with the employee for adoption
or foster care, and in order to care for such son or
daughter, to be used during the 12-month period beginning on
the date of the birth or placement.
``(b) Treatment of Parental Leave Request.--Notwithstanding
any other provision of law--
``(1) an element of the intelligence community shall
accommodate an employee's leave schedule request under
subsection (a), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent
that the requested leave schedule does not unduly disrupt
agency operations; and
``(2) to the extent that an employee's requested leave
schedule as described in paragraph (1) is based on medical
necessity related to a serious health condition connected to
the birth of a son or daughter, the employing element shall
handle the scheduling consistent with the treatment of
employees who are using leave under subparagraph (C) or (D)
of section 6382(a)(1) of title 5, United States Code.
``(c) Rules Relating to Paid Leave.--Notwithstanding any
other provision of law--
``(1) an employee may not be required to first use all or
any portion of any unpaid leave available to the employee
before being allowed to use the paid parental leave described
in subsection (a); and
``(2) paid parental leave under subsection (a)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing element;
``(B) may not be considered to be annual or vacation leave
for purposes of section 5551 or 5552 of title 5, United
States Code, or for any other purpose;
``(C) if not used by the employee before the end of the 12-
month period described in subsection (a) to which the leave
relates, may not be available for any subsequent use and may
not be converted into a cash payment;
``(D) may be granted only to the extent that the employee
does not receive a total of more than 12 weeks of paid
parental leave in any 12-month period beginning on the date
of a birth or placement;
``(E) may not be granted--
``(i) in excess of a lifetime aggregate total of 30
administrative workweeks based on placements of a foster
child for any individual employee; or
``(ii) in connection with temporary foster care placements
expected to last less than 1 year;
``(F) may not be granted for a child being placed for
foster care or adoption if such leave was previously granted
to the same employee when the same child was placed with the
employee for foster care in the past;
``(G) shall be used in increments of hours (or fractions
thereof), with 12 administrative workweeks equal to 480 hours
for employees with a regular full-time work schedule and
converted to a proportional number of hours for employees
with part-time, seasonal, or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay status)
periods for employees with seasonal work schedules.
``(d) Implementation Plan.--Not later than 1 year after the
date of enactment of this section, the Director of National
Intelligence shall provide the congressional intelligence
committees with an implementation plan that includes--
``(1) processes and procedures for implementing the paid
parental leave policies under subsections (a) through (c);
``(2) an explanation of how the implementation of
subsections (a) through (c) will be reconciled with policies
of other elements of the Federal Government, including the
impact on elements funded by the National Intelligence
Program that are housed within agencies outside the
intelligence community;
``(3) the projected impact of the implementation of
subsections (a) through (c) on the workforce of the
intelligence community, including take rates, retention,
recruiting, and morale, broken down by each element of the
intelligence community; and
``(4) all costs or operational expenses associated with the
implementation of subsections (a) through (c).
``(e) Directive.--Not later than 90 days after the Director
of National Intelligence submits the implementation plan
under subsection (d), the Director of National Intelligence
shall issue a written directive to implement this section,
which directive shall take effect on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence
shall submit to the congressional intelligence committees an
annual report that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
parental leave under subsection (a) during the year covered
by the report; and
``(2) includes updates on major implementation challenges
or costs associated with paid parental leave.
``(g) Definition of Son or Daughter.--For purposes of this
section, the term `son or daughter' has the meaning given the
term in section 6381 of title 5, United States Code.''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid parental leave.''.
(c) Applicability.--Section 305 of the National Security
Act of 1947, as added by subsection (b), shall apply with
respect to leave taken in connection with the birth or
placement of a son or daughter that occurs on or after the
date on which the Director of National Intelligence issues
the written directive under subsection (e) of such section
305.
Subtitle B--Office of the Director of National Intelligence
SEC. 9311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
[[Page S4070]]
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, color, religion, sex, national origin,
age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
SEC. 9312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE
UNIVERSITY.
(a) Limitation.--Neither the Secretary of Defense nor the
Director of National Intelligence may commence any activity
to transfer the National Intelligence University out of the
Defense Intelligence Agency until the Secretary and the
Director jointly certify each of the following:
(1) The National Intelligence University has positively
adjudicated its warning from the Middle States Commission on
Higher Education and had its regional accreditation fully
restored.
(2) The National Intelligence University will serve as the
exclusive means by which advanced intelligence education is
provided to personnel of the Department of Defense.
(3) Military personnel will receive joint professional
military education from a National Intelligence University
location at a non-Department of Defense agency.
(4) The Department of Education will allow the Office of
the Director of National Intelligence to grant advanced
educational degrees.
(5) A governance model jointly led by the Director and the
Secretary of Defense is in place for the National
Intelligence University.
(b) Cost Estimates.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate; and
(C) the Committee on Armed Services of the House of
Representatives.
(2) In general.--Before commencing any activity to transfer
the National Intelligence University out of the Defense
Intelligence Agency, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
appropriate committees of Congress an estimate of the direct
and indirect costs of operating the National Intelligence
University and the costs of transferring the National
Intelligence University to another agency.
(3) Contents.--The estimate submitted under paragraph (2)
shall include all indirect costs, including with respect to
human resources, security, facilities, and information
technology.
SEC. 9313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE
PROCESS.
(a) Definition of Security Executive Agent.--In this
section, the term ``Security Executive Agent'' means the
officer serving as the Security Executive Agent pursuant to
section 803 of the National Security Act of 1947, as added by
section 10605 of division G.
(b) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall issue a policy that requires the head of each Federal
agency to create, not later than December 31, 2023, an
electronic portal that can be used by human resources
personnel and applicants for security clearances to view
information about the status of an application for a security
clearance and the average time required for each phase of the
security clearance process.
SEC. 9314. MAKING CERTAIN POLICIES AND EXECUTION PLANS
RELATING TO PERSONNEL CLEARANCES AVAILABLE TO
INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program), as in effect on the day before the date of the
enactment of this Act) that is participating in the National
Industrial Security Program established by such Executive
Order.
(2) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 10605 of division
G.
(b) Sharing of Policies and Plans Required.--Each head of a
Federal agency shall share policies and plans relating to
security clearances with appropriate industry partners
directly affected by such policies and plans in a manner
consistent with the protection of national security as well
as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order
12829 (50 U.S.C. 3161 note; relating to the National
Industrial Security Program).
(c) Development of Policies and Procedures Required.--Not
later than 90 days after the date of the enactment of this
Act, the Security Executive Agent and the Director of the
National Industrial Security Program shall jointly develop
policies and procedures by which appropriate industry
partners with proper security clearances and a need to know
can have appropriate access to the policies and plans shared
pursuant to subsection (b) that directly affect those
industry partners.
Subtitle C--Inspector General of the Intelligence Community
SEC. 9321. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a
person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) or section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 9322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim
described in subsection (b) may submit to the Inspector
General of the Intelligence Community a request for a review
of such claim by an external review panel convened under
subsection (c).
``(b) Claims and Individuals Described.--A claim described
in this subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a personnel
action that is prohibited under section 1104; and
``(B) who has exhausted the applicable review process for
the claim pursuant to enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a reprisal
prohibited by paragraph (1) of section 3001(j) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)); and
``(B) who received a decision on an appeal regarding that
claim under paragraph (4) of such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector General
of the Intelligence Community may, at the discretion of the
Inspector General, convene an external review panel under
this subsection to review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel convened under
this subsection shall be composed of three members as
follows:
``(i) The Inspector General of the Intelligence Community.
``(ii) Except as provided in subparagraph (B), two members
selected by the Inspector General as the Inspector General
considers appropriate on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the Treasury.
``(VII) The Central Intelligence Agency.
[[Page S4071]]
``(VIII) The Defense Intelligence Agency.
``(IX) The National Geospatial-Intelligence Agency.
``(X) The National Reconnaissance Office.
``(XI) The National Security Agency.
``(B) Limitation.--An inspector general of an agency may
not be selected to sit on the panel under subparagraph
(A)(ii) to review any matter relating to a decision made by
such agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in clause (ii), the
chairperson of any panel convened under this subsection shall
be the Inspector General of the Intelligence Community.
``(ii) Conflicts of interest.--If the Inspector General of
the Intelligence Community finds cause to recuse himself or
herself from a panel convened under this subsection, the
Inspector General of the Intelligence Community shall--
``(I) select a chairperson from inspectors general of the
elements listed under subparagraph (A)(ii) whom the Inspector
General of the Intelligence Community considers appropriate;
and
``(II) notify the congressional intelligence committees of
such selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days after the
date on which the Inspector General convenes the external
review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a
review of a claim submitted by an individual under subsection
(a), that the individual was the subject of a personnel
action prohibited under section 1104 or was subjected to a
reprisal prohibited by section 3001(j)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency head
take corrective action--
``(A) in the case of an employee or former employee--
``(i) to return the employee or former employee, as nearly
as practicable and reasonable, to the position such employee
or former employee would have held had the reprisal not
occurred; or
``(ii) reconsider the employee's or former employee's
eligibility for access to classified information consistent
with national security; or
``(B) in any other case, such other action as the external
review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the date on
which the head of an agency receives a recommendation from an
external review panel under paragraph (1), the head shall--
``(i) give full consideration to such recommendation; and
``(ii) inform the panel and the Director of National
Intelligence of what action the head has taken with respect
to the recommendation.
``(B) Failure to inform.--The Director shall notify the
President of any failures to comply with subparagraph
(A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees and the
Director of National Intelligence a report on the activities
under this section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community considers
necessary to protect the privacy of an individual who has
made a claim described in subsection (b), each report
submitted under paragraph (1) shall include, for the period
covered by the report, the following:
``(A) The determinations and recommendations made by the
external review panels convened under this section.
``(B) The responses of the heads of agencies that received
recommendations from the external review panels.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by adding at the end the following new item:
``Sec. 1105. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals
Relating to Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a recommendation on how to ensure
that--
(A) a whistleblower in the intelligence community who has a
complaint against an inspector general in the intelligence
community and who alleges a reprisal, has available the
agency adjudication and appellate review provided under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234); and
(B) any such whistleblower who has exhausted the applicable
review process may request an external review panel and
receive one, at the discretion of the Inspector General of
the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree section 1105
of the National Security Act of 1947, as added by subsection
(a)(1), provides appropriate authorities and mechanisms to
provide an external review panel as described in paragraph
(1) of this subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or administrative
action as the Inspector General may have with respect to
providing an external review panel as described in paragraph
(1) and for the purposes described in such paragraph.
SEC. 9323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND
PROCEDURES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in coordination with the Intelligence
Community Inspectors General Forum, shall develop
recommendations, applicable to all inspectors general of
elements of the intelligence community, regarding the
harmonization of instructions, policies, and directives
relating to processes, procedures, and timelines for claims
and appeals relating to allegations of personnel actions
prohibited under section 1104 of the National Security Act of
1947 or reprisals prohibited by section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing
recommendations under subsection (a), the Inspector General
of the Intelligence Community shall make efforts to maximize
transparency and protect whistleblowers.
SEC. 9324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY
WHISTLEBLOWER ACTIONS.
(a) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, shall complete a
feasibility study on establishing a hotline whereby all
complaints of whistleblowers relating to the intelligence
community are automatically referred to the Inspector General
of the Intelligence Community.
(2) Elements.--The feasibility study conducted pursuant to
paragraph (1) shall include the following:
(A) The anticipated number of annual whistleblower
complaints received by all elements of the intelligence
community.
(B) The additional resources required to implement the
hotline, including personnel and technology.
(C) The resulting budgetary effects.
(D) Findings from the system established pursuant to
subsection (b).
(b) Oversight System Required.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Intelligence Community shall establish a
system whereby the Inspector General is provided, in near
real time, the following:
(1) All information relating to complaints by
whistleblowers relating to the programs and activities under
the jurisdiction of the Director of National Intelligence.
(2) Any inspector general actions relating to such
complaints.
(c) Privacy Protections.--
(1) Policies and procedures required.--Before establishing
the system required by subsection (b), the Inspector General
of the Intelligence Community shall establish policies and
procedures to protect the privacy of whistleblowers and
protect against further dissemination of whistleblower
information without consent of the whistleblower.
(2) Control of distribution.--The system established under
subsection (b) shall provide whistleblowers the option of
prohibiting distribution of their complaints to the Inspector
General of the Intelligence Community.
SEC. 9325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on access to cleared
attorneys by whistleblowers in the intelligence community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) The number of whistleblowers in the intelligence
community who sought to retain a cleared attorney and at what
stage they sought such an attorney.
(2) For the 3-year period preceding the report, the
following:
(A) The number of limited security agreements (LSAs).
(B) The scope and clearance levels of such limited security
agreements.
(C) The number of whistleblowers represented by cleared
counsel.
(3) Recommendations for legislative or administrative
action to ensure that whistleblowers in the intelligence
community have access to cleared attorneys, including
improvements to the limited security agreement process and
such other options as the Inspector General of the
Intelligence Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence
Community shall ensure that the report submitted under
subsection (a) is based on--
(1) data from a survey of whistleblowers whose claims are
reported to the Inspector General of the Intelligence
Community by means of the oversight system established
pursuant to section 9324;
[[Page S4072]]
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
TITLE XCIV--REPORTS AND OTHER MATTERS
SEC. 9401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY.
(a) Study.--The Director of National Intelligence, in
coordination with the Secretary of Defense and the Secretary
of State, shall conduct a study of matters relating to the
foreign employment of former personnel of the intelligence
community.
(b) Elements.--The study conducted pursuant to subsection
(a) shall address the following:
(1) Issues that pertain to former employees of the
intelligence community working with, or in support of,
foreign governments, and the nature and scope of those
concerns.
(2) Such legislative or administrative action as may be
necessary for both front-end screening and in-progress
oversight by the Director of Defense Trade Controls of
licenses issued by the Director for former employees of the
intelligence community working for foreign governments.
(3) How increased requirements could be imposed for
periodic compliance reporting when licenses are granted for
companies or organizations that employ former personnel of
the intelligence community to execute contracts with foreign
governments.
(c) Report and Plan.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress--
(A) a report on the findings of the Director with respect
to the study conducted pursuant to subsection (a); and
(B) a plan to carry out such administrative actions as the
Director considers appropriate pursuant to the findings
described in subparagraph (A).
SEC. 9402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN
KEY UNITED STATES TECHNOLOGIES BY COMPANIES OR
ORGANIZATIONS LINKED TO CHINA.
(a) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
National Counterintelligence and Security Center, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the
Director of National Intelligence considers appropriate,
shall submit to the congressional intelligence committees a
comprehensive economic assessment of investment in key United
States technologies, including emerging technologies, by
companies or organizations linked to China, including the
implications of these investments for the national security
of the United States.
(b) Form of Assessment.--The assessment submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
SEC. 9403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR
INITIATIVES OF INTELLIGENCE COMMUNITY IN
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the heads of such
elements of the intelligence community as the Director
considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
analysis conducted pursuant to subparagraph (A).
(2) Elements.--The analysis conducted under paragraph
(1)(A) shall include analyses of how the initiatives
described in such paragraph--
(A) correspond with the strategy of the intelligence
community entitled ``Augmenting Intelligence Using
Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including efforts at
the Joint Artificial Intelligence Center (JAIC) and Project
Maven; and
(D) leverage advances in artificial intelligence and
machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the
date of the enactment of this Act, not less frequently than
twice each year thereafter until the date that is 2 years
after the date of the enactment of this Act, and not less
frequently than once each year thereafter until the date that
is 7 years after the date of the enactment of this Act, the
Director and the Chief Information Officer of the Department
of Defense shall jointly provide to the congressional
intelligence committees and congressional defense committees
(as defined in section 101 of title 10, United States Code)
briefings with updates on activities relating to, and the
progress of, their respective artificial intelligence and
machine learning initiatives, particularly the Augmenting
Intelligence Using Machines initiative and the Joint
Artificial Intelligence Center.
SEC. 9404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND
COUNTER FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the
United States, its allies and partners, with the goal of
advancing the strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of social
media platforms with the goals of intensifying societal
tensions, undermining trust in governmental institutions
within the United States, its allies and partners in the
West, and generally sowing division, fear, and confusion.
(3) These information warfare operations are a threat to
the national security of the United States and that of the
allies and partners of the United States. As Director of
National Intelligence Dan Coats stated, ``These actions are
persistent, they are pervasive and they are meant to
undermine America's democracy.''.
(4) These information warfare operations continue to evolve
and increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors
will increasingly adopt similar tactics of deploying
information warfare operations against the West.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the future
to detect fraudulent accounts, deceptive material posted on
social media, and malign behavior on social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media platforms,
the companies that own these platforms have a responsibility
to detect and remove foreign adversary networks operating
clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly analyzing
large amounts of data and developing software-based solutions
to diverse and ever-changing challenges on their platforms,
which makes them well-equipped to address the threat
occurring on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media
companies to the Select Committee on Intelligence of the
Senate, thereby demonstrating that it is possible to discern
both broad patterns of cross-platform information warfare
operations and specific fraudulent behavior on social media
platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these
independent analyses to the planning and conduct of military
cyber operations to frustrate Kremlin-linked information
warfare operations against the 2018 mid-term elections.
General Nakasone stated that the reports ``were very, very
helpful in terms of being able to understand exactly what our
adversary was trying to do to build dissent within our
nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks
within and across social media platforms will help counter
ongoing information warfare operations against the United
States, its allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted
third-party experts in a transparent manner will serve to
demonstrate that the social media companies are detecting and
removing foreign malign activities from their platforms while
protecting the privacy of the people of the United States and
will build public understanding of the scale and scope of
these foreign threats to our democracy, since exposure is one
of the most effective means to build resilience.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers
on a sustained and regular basis to share and analyze data
and indicators relevant to foreign information warfare
operations within and across their platforms in order to
detect and counter foreign information warfare operations
that threaten the national security of the United States and
its allies and partners;
(2) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States;
(3) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing Kremlin, Kremlin-
linked, and
[[Page S4073]]
other foreign information warfare operations and to aid in
preparations for the United States presidential and
congressional elections in 2020 and beyond;
(4) the structure and operations of social media companies
make them well positioned to address foreign adversary threat
networks within and across their platforms, and these efforts
could be conducted without direct Government involvement,
direction, or regulation; and
(5) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat
is effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media
Data Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate,
by grant or contract or under an existing authority of the
Director, the establishment of a Social Media Data Analysis
Center with the functions described in paragraph (2) at an
independent, nonprofit organization.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Acting as a convening and sponsoring authority for
cooperative social media data analysis of foreign threat
networks involving social media companies and third-party
experts, nongovernmental organizations, data journalists,
federally funded research and development centers, and
academic researchers.
(B) Facilitating analysis within and across the individual
social media platforms for the purpose of detecting,
exposing, and countering clandestine foreign influence
operations and related unlawful activities that fund or
subsidize such operations.
(C) Developing processes to share information from
government entities on foreign influence operations with the
individual social media companies to inform threat analysis,
and working with the Office of the Director of National
Intelligence as appropriate.
(D) Determining and making public criteria for identifying
which companies, organizations, or researchers qualify for
inclusion in the activities of the Center, and inviting
entities that fit the criteria to join.
(E) Determining jointly with the social media companies
what data and metadata related to indicators of foreign
adversary threat networks from their platforms and business
operations will be made available for access and analysis.
(F) Developing and making public the criteria and standards
that must be met for companies, other organizations, and
individual researchers to access and analyze data relating to
foreign adversary threat networks within and across social
media platforms and publish or otherwise use the results.
(G) Developing and making public the ethical standards for
investigation of foreign threat networks and use of analytic
results and for protection of the privacy of the customers
and users of the social media platforms and of the
proprietary information of the social media companies.
(H) Developing technical, contractual, and procedural
controls to prevent misuse of data, including any necessary
auditing procedures, compliance checks, and review
mechanisms.
(I) Developing and making public criteria and conditions
under which the Center shall share information with the
appropriate Government agencies regarding threats to national
security from, or violations of the law involving, foreign
activities on social media platforms.
(J) Developing a searchable, public archive aggregating
information related to foreign influence and disinformation
operations to build a collective understanding of the threats
and facilitate future examination consistent with privacy
protections.
(d) Reporting and Notifications.--If the Director of
National Intelligence chooses to use funds under subsection
(c)(1) to facilitate the establishment of the Center, the
Director of the Center shall--
(1) not later than March 1, 2020, submit to Congress a
report on--
(A) the estimated funding needs of the Center for fiscal
year 2021 and for subsequent years;
(B) such statutory protections from liability as the
Director considers necessary for the Center, participating
social media companies, and participating third-party
analytical participants;
(C) such statutory penalties as the Director considers
necessary to ensure against misuse of data by researchers;
and
(D) such changes to the Center's mission to fully capture
broader unlawful activities that intersect with, complement,
or support information warfare tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense,
and the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment from the social
media companies to the mission of the Center; and
(ii) effectiveness of the Center in detecting and removing
clandestine foreign information warfare operations from
social media platforms; and
(B) includes such recommendations for legislative or
administrative action as the Center considers appropriate to
carry out the functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the
Center shall--
(1) once each quarter, make available to the public a
report on key trends in foreign influence and disinformation
operations, including any threats to campaigns and elections,
to inform the public of the United States; and
(2) as the Director considers necessary, provide more
timely assessments relating to ongoing disinformation
campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2020 and 2021, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
(g) Definition of Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 9405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution described in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) that receives Federal funds in
any amount and for any purpose.
(2) Sensitive research subject.--The term ``sensitive
research subject'' means a subject of research that is
carried out at a covered institution of higher education that
receives funds that were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence, in consultation with such elements of the
intelligence community as the Director considers appropriate
and consistent with the privacy protections afforded to
United States persons, shall submit to congressional
intelligence committees a report on risks to sensitive
research subjects posed by foreign entities in order to
provide Congress and covered institutions of higher education
with more complete information on these risks and to help
ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit
organizations, and any subsidiary or affiliate of such an
entity, that the Director determines pose a
counterintelligence, espionage (including economic
espionage), or other national security threats with respect
to sensitive research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech,
propagate misinformation or disinformation, or to influence
professors, researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence
community to mitigate threats to sensitive research subjects
associated with foreign influence in academia, including any
necessary legislative or administrative action.
(d) Congressional Notifications Required.--Not later than
30 days after the date on which the Director identifies a
change to either list described in paragraph (1) or (2) of
subsection (c), the Director shall notify the congressional
intelligence committees of the change.
SEC. 9406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on--
(1) the threat to United States national security posed by
the global and regional adoption of fifth-generation (5G)
wireless network technology built by foreign companies; and
(2) the effect of possible efforts to mitigate the threat.
(b) Contents.--The report required by subsection (a) shall
include:
(1) The timeline and scale of global and regional adoption
of foreign fifth-generation wireless network technology.
[[Page S4074]]
(2) The implications of such global and regional adoption
on the cyber and espionage threat to the United States and
United States interests as well as to United States cyber and
collection capabilities.
(3) The effect of possible mitigation efforts, including:
(A) United States Government policy promoting the use of
strong, end-to-end encryption for data transmitted over
fifth-generation wireless networks.
(B) United States Government policy promoting or funding
free, open-source implementation of fifth-generation wireless
network technology.
(C) United States Government subsidies or incentives that
could be used to promote the adoption of secure fifth-
generation wireless network technology developed by companies
of the United States or companies of allies of the United
States.
(D) United States Government strategy to reduce foreign
influence and political pressure in international standard-
setting bodies.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form to the greatest extent
practicable, but may include a classified appendix if
necessary.
SEC. 9407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES ON CYBERSECURITY AND SURVEILLANCE
THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Comptroller General of
the United States shall submit to the congressional
intelligence committees a report on cybersecurity and
surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a)
shall include statistics on cyber attacks and other incidents
of espionage or surveillance targeted against Senators or the
immediate families or staff of the Senators, in which the
nonpublic communications and other private information of
such targeted individuals were lost, stolen, or otherwise
subject to unauthorized access by criminals or a foreign
government.
(c) Consultation.--In preparing a report to be submitted
under subsection (a), the Comptroller General shall consult
with the Director of National Intelligence, the Secretary of
Homeland Security, and the Sergeant at Arms and Doorkeeper of
the Senate.
SEC. 9408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENT OF
FOREIGN INTERFERENCE IN ELECTIONS.
(a) Assessments Required.--Not later than 45 days after the
conclusion of a United States election, the Director of
National Intelligence, in consultation with the heads of such
other executive departments and agencies as the Director
considers appropriate, shall--
(1) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent
of or on behalf of a foreign government, has acted with the
intent or purpose of interfering in that election; and
(2) transmit the findings of the Director with respect to
the assessment conducted under paragraph (1), along with such
supporting information as the Director considers appropriate,
to the following:
(A) The President.
(B) The Secretary of State.
(C) The Secretary of the Treasury.
(D) The Secretary of Defense.
(E) The Attorney General.
(F) The Secretary of Homeland Security.
(G) Congress.
(b) Elements.--An assessment conducted under subsection
(a)(1), with respect to an act described in such subsection,
shall identify, to the maximum extent ascertainable, the
following:
(1) The nature of any foreign interference and any methods
employed to execute the act.
(2) The persons involved.
(3) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(c) Publication.--In a case in which the Director conducts
an assessment under subsection (a)(1) with respect to an
election, the Director shall, as soon as practicable after
the date of the conclusion of such election and not later
than 60 days after the date of such conclusion, make
available to the public, to the greatest extent possible
consistent with the protection of sources and methods, the
findings transmitted under subsection (a)(2).
SEC. 9409. STUDY ON FEASIBILITY AND ADVISABILITY OF
ESTABLISHING GEOSPATIAL-INTELLIGENCE MUSEUM AND
LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall complete a study on the
feasibility and advisability of establishing a Geospatial-
Intelligence Museum and learning center.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in
such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum under
section 7781(a) of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101 of title 10,
United States Code) a report on the findings of the Director
with respect to the study completed under subsection (a).
SEC. 9410. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the death
of Jamal Khashoggi, consistent with protecting sources and
methods. Such report shall include identification of those
who carried out, participated in, ordered, or were otherwise
complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form.
DIVISION G--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
SEC. 10001. SHORT TITLE.
This division may be cited as the ``Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018 and 2019''.
SEC. 10002. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning
given such term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE CI--INTELLIGENCE ACTIVITIES
SEC. 10101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds are hereby authorized to be
appropriated for fiscal year 2019 for the conduct of the
intelligence and intelligence-related activities of the
following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for
fiscal year 2018 for the conduct of the intelligence and
intelligence-related activities of the elements of the United
States set forth in subsection (a) are hereby authorized.
SEC. 10102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 10101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 10101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 10103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2019 the sum of $522,424,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2019 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 10102(a).
[[Page S4075]]
TITLE CII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 10201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2019.
SEC. 10202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period at the
end and inserting ``, as determined by using the annual rate
of basic pay that would be payable for full-time service in
that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-month''
and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year'' and
inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year'' each
place such term appears and inserting ``two years'';
(E) by redesignating subsections (h), (i), (j), (k), and
(l) as subsections (i), (j), (k), (l), and (m), respectively;
and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section
222, at the time of retirement a married participant found by
the Director to be in good health may elect to receive an
annuity reduced in accordance with subsection (f)(1)(B) and
designate in writing an individual having an insurable
interest in the participant to receive an annuity under the
system after the participant's death, except that any such
election to provide an insurable interest survivor annuity to
the participant's spouse shall only be effective if the
participant's spouse waives the spousal right to a survivor
annuity under this Act. The amount of the annuity shall be
equal to 55 percent of the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be
recomputed and paid as if the annuity had not been so
reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by
striking ``221(h),'' and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by
striking ``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--Subsection
(a) of section 14 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2),
221(i), 221(l),'' and inserting ``221(i)(2), 221(j),
221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of
section 222(b)(5) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by
striking ``one year'' and inserting ``two years''.
(c) Prior Service Credit.--Subparagraph (A) of section
252(b)(3) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1,
1990'' both places that term appears and inserting ``March
31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall
have the authority to reemploy an annuitant on a part-time
basis in accordance with section 8344(l) of title 5, United
States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as
if enacted on October 28, 2009, and shall apply to
computations or participants, respectively, as of such date.
TITLE CIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 10301. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 10302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 10303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR
SCIENCE, TECHNOLOGY, ENGINEERING, OR
MATHEMATICS POSITIONS AND ADDITION OF SPECIAL
PAY AUTHORITY FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50
U.S.C. 3049a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring
Expertise in Science, Technology, Engineering, or
Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of pay of
the pay range for each grade or level, subject to subsection
(b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States
Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in consultation with
the Under Secretary of Defense for Personnel and Readiness,
that the rate of pay is for positions that perform functions
that execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for the
Vice President of the United States under section 104 of
title 3, United States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that have advanced
skills and competencies and that perform critical functions
that execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in
section 5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or other
similar cash payment in addition to basic pay that is
authorized under title 10, United States Code, (or any other
applicable law in addition to title 5 of such Code, excluding
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.))
shall also be counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States under
section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of
fixing the rates of basic pay or maximum pay limitations of
qualified positions under section 1599f of title 10, United
States Code, or section 226 of the Homeland Security Act of
2002 (6 U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)'' after
``subsection (a)''.
SEC. 10304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION
OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by striking ``President'' and
inserting ``Director''.
[[Page S4076]]
SEC. 10305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
PLACEMENT OF POSITIONS WITHIN THE INTELLIGENCE
COMMUNITY ON THE EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall conduct a review of positions within the
intelligence community regarding the placement of such
positions on the Executive Schedule under subchapter II of
chapter 53 of title 5, United States Code. In carrying out
such review, the Director of National Intelligence, in
coordination with the Director of the Office of Personnel
Management, shall determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which
the review under subsection (a) is completed, the Director of
National Intelligence shall submit to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Reform of the House of Representatives an
unredacted report describing the standards by which the
review was conducted and the outcome of the review.
SEC. 10306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK
MANAGEMENT TASK FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform
of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and
the acquisition community of the United States Government
with respect to the supply chain and counterintelligence
risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall
be composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain
and Counterintelligence Risk Management Task Force
established under subsection (b) shall have a security
clearance at the top secret level and be able to access
sensitive compartmented information.
(e) Annual Report.--The Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall submit to the appropriate
congressional committees an annual report that describes the
activities of the Task Force during the previous year,
including identification of the supply chain and
counterintelligence risks shared with the acquisition
community of the United States Government by the intelligence
community.
SEC. 10307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS
AND CYBERSECURITY INFRASTRUCTURE WHEN SHARING
INTELLIGENCE WITH FOREIGN GOVERNMENTS AND
ENTITIES.
Whenever the head of an element of the intelligence
community enters into an intelligence sharing agreement with
a foreign government or any other foreign entity, the head of
the element shall consider the pervasiveness of
telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United
States, particularly China and Russia, or entities of such
adversaries in the country or region of the foreign
government or other foreign entity entering into the
agreement.
SEC. 10308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential Internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
intelligence community outside of the scope of their
employment with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the intelligence community outside of the scope
of their employment with elements of the intelligence
community, including networks to which such devices connect.
(b) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph
(2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel under subsection (b) may include
training, advice, assistance, and other services relating to
cyber attacks and hostile information collection activities.
(d) Limitation on Support.--Nothing in this section shall
be construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the
provision of cyber protection support under subsection (b).
The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 10309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT
OF SUPPLY-CHAIN RISK.
(a) Modification of Effective Date.--Subsection (f) of
section 309 of the Intelligence Authorization Act for Fiscal
Year 2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended
by striking ``the date that is 180 days after''.
(b) Repeal of Sunset.--Such section is amended by striking
subsection (g).
(c) Reports.--Such section, as amended by subsection (b),
is further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Annual Reports.--
``(1) In general.--Except as provided in paragraph (2), not
later than 180 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019 and not less
frequently than once each calendar year thereafter, the
Director of National Intelligence shall, in consultation with
each head of a covered agency, submit to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), a report
that details the determinations and notifications made under
subsection (c) during the most recently completed calendar
year.
``(2) Initial report.--The first report submitted under
paragraph (1) shall detail all the determinations and
notifications made under subsection (c) before the date of
the submittal of the report.''.
SEC. 10310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN
SECURITY CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the
intelligence community who has been nominated by the
President for a position that requires the advice and consent
of the Senate may not make a classification decision with
respect to information related to such officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a
case in which an officer described in subsection (a) has been
nominated as described in such subsection and classification
authority rests with the officer or another officer who
reports directly to such officer, a classification decision
with respect to information relating to the officer shall be
made by the Director of National Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer
nominated is the Director of National Intelligence, the
classification decision shall be made by the Principal Deputy
Director of National Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director
or the Principal Deputy Director, as the case may be, shall
submit to the congressional intelligence committees a report
detailing the reasons for the decision.
[[Page S4077]]
SEC. 10311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act
of 1947 (50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint
Intelligence Community Council.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Executive Office of
the President and members of the Joint Intelligence Community
Council, shall submit to the congressional intelligence
committees a report on the function and utility of the Joint
Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held by the
Council per year since the Council's inception.
(B) A description of the effect and accomplishments of the
Council.
(C) An explanation of the unique role of the Council
relative to other entities, including with respect to the
National Security Council and the Executive Committee of the
intelligence community.
(D) Recommendations for the future role and operation of
the Council.
(E) Such other matters relating to the function and utility
of the Council as the Director considers appropriate.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 10312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY
ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a
capability that is available to multiple elements of the
intelligence community and required for consistent operation
of the intelligence community information technology
environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating
the performance by elements of the intelligence community of
the intelligence community information technology
environment, including each of the following:
(A) Ensuring compliance with all applicable environment
rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for such
environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the intelligence
community related to any disagreements arising out of the
implementation of such environment.
(E) Delegating responsibilities to the elements of the
intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) providing core services, in coordination with the
Director of National Intelligence; and
(B) providing the Director with information requested and
required to fulfill the responsibilities of the Director
under paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in subparagraph (B),
each element of the intelligence community shall use core
services when such services are available.
(B) Exception.--The Director of National Intelligence may
provide for a written exception to the requirement under
subparagraph (A) if the Director determines there is a
compelling financial or mission need for such exception.
(c) Management Accountability.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence shall designate and maintain one or
more accountable executives of the intelligence community
information technology environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service,
including establishing measurable service requirements and
schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the
intended users, to evaluate performance against measurable
service requirements and to ensure the capability meets user
requirements; and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) Security Plan.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall develop and maintain a security plan for
the intelligence community information technology
environment.
(e) Long-term Roadmap.--Not later than 180 days after the
date of the enactment of this Act, and during each of the
second and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a long-term roadmap that shall
include each of the following:
(1) A description of the minimum required and desired core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) implementation milestones for the intelligence
community information technology environment, including each
of the following:
(A) A schedule for expected deliveries of core service
capabilities during each of the following phases:
(i) Concept refinement and technology maturity
demonstration.
(ii) Development, integration, and demonstration.
(iii) Production, deployment, and sustainment.
(iv) System retirement.
(B) Dependencies of such core service capabilities.
(C) Plans for the transition or restructuring necessary to
incorporate core service capabilities.
(D) A description of any legacy systems and discontinued
capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(f) Business Plan.--Not later than 180 days after the date
of the enactment of this Act, and during each of the second
and fourth fiscal quarters thereafter, the Director of
National Intelligence shall submit to the congressional
intelligence committees a business plan that includes each of
the following:
(1) A systematic approach to identify core service funding
requests for the intelligence community information
technology environment within the proposed budget, including
multiyear plans to implement the long-term roadmap required
by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring services
of the intelligence community information technology
environment, as well as services of such environment that
have changed designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall provide to the
congressional intelligence committees quarterly updates
regarding ongoing implementation of the intelligence
community information technology environment as compared to
the requirements in the most recently submitted security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the
congressional intelligence committees regarding any policy
changes related to or affecting the intelligence community
information technology environment, new initiatives or
strategies related to or impacting such environment, and
changes or deficiencies in the execution of the security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f)
(i) Sunset.--The section shall have no effect on or after
September 30, 2024.
SEC. 10313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE
SOLUTION FOR INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency and the Director of the National
Security Agency, shall submit to the congressional
intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule
associated with the implementation of a secure mobile voice
solution for the intelligence community.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in
a secure manner and identifying the accompanying security
risks to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution,
such as a process for determining the appropriate use of a
secure mobile telephone and any limitations associated with
such use.
SEC. 10314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a policy for minimum insider
threat standards that is consistent with the
[[Page S4078]]
National Insider Threat Policy and Minimum Standards for
Executive Branch Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head of each element of the
intelligence community shall implement the policy established
under subsection (a).
SEC. 10315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution mechanism, in
use as of the date of the enactment of this Act, or any
successor electronic distribution mechanism, by which the
Director of National Intelligence submits to the
congressional intelligence committees information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy memoranda of
the intelligence community;
(B) executive correspondence of the Director of National
Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all nonpublicly
available policies issued by the Director of National
Intelligence for the intelligence community that are in
effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy of the intelligence community,
the Director shall--
(A) notify the congressional intelligence committees of
such addition, modification, or removal; and
(B) update the electronic repository with respect to such
addition, modification, or removal.
SEC. 10316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS.
In order to further increase the diversity of the
intelligence community workforce, not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with heads of elements
of the Intelligence Community, shall create, implement, and
submit to the congressional intelligence committees a written
plan to ensure that rural and underrepresented regions are
more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit
comments to the Director of National Intelligence before such
plan shall be implemented.
TITLE 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.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate;'' and inserting ``current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence
may designate;''.
SEC. 10402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION
SHARING ENVIRONMENT.
(a) Information Sharing Environment.--Section 1016(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(f)(1)) is amended by striking ``The individual
designated as the program manager shall serve as program
manager until removed from service or replaced by the
President (at the President's sole discretion).'' and
inserting ``Beginning on the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019, each
individual designated as the program manager shall be
appointed by the Director of National Intelligence.''.
SEC. 10403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
adding at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 10404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50
U.S.C. 3034(a)) is amended by adding at the end the following
new sentence: ``The Chief Financial Officer shall report
directly to the Director of National Intelligence.''.
SEC. 10405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50
U.S.C. 3032(a)) is amended by adding at the end the following
new sentence: ``The Chief Information Officer shall report
directly to the Director of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 10411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR
PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph (8):
``(8) Upon the approval of the Director, provide, during
any fiscal year, with or without reimbursement, subsistence
to any personnel assigned to an overseas location designated
by the Agency as an austere location.''.
SEC. 10412. EXPANSION OF SECURITY PROTECTIVE SERVICE
JURISDICTION OF THE CENTRAL INTELLIGENCE
AGENCY.
Subsection (a) of section 15 of the Central Intelligence
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in the subsection heading, by striking ``Policemen''
and inserting ``Police Officers''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``500 feet;'' and
inserting ``500 yards;''; and
(B) in subparagraph (D), by striking ``500 feet.'' and
inserting ``500 yards.''.
SEC. 10413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY
REQUIREMENT FOR CERTAIN SENIOR LEVEL POSITIONS
IN THE CENTRAL INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--
Section 104A of the National Security Act of 1947 (50 U.S.C.
3036) is amended by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611
of the Intelligence Authorization Act for Fiscal Year 2005
(Public Law 108-487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 10421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as
follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program'
have the meanings given such terms in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the
Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of
National Intelligence, considers appropriate. The Director of
the Office shall report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as
the Director from among individuals who have substantial
expertise in matters relating to the intelligence community,
including foreign intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may
prescribe.
``(2) The Director shall be responsible for establishing
policy for intelligence and counterintelligence programs and
activities at the Department.''.
(b) Conforming Repeal.--Section 216 of the Department of
Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by striking the items relating to sections 215 and
216 and inserting the following new item:
``215. Office of Intelligence and Counterintelligence.''.
SEC. 10422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE
EXECUTIVE COMMITTEE AND BUDGET REPORTING
REQUIREMENT.
Section 214 of the Department of Energy Organization Act
(42 U.S.C. 7144a) is amended--
(1) by striking ``(a) Duty of Secretary.--''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 10431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE
COMPONENT OF DEFENSE SECURITY SERVICE AS AN
ELEMENT OF INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and Under
Secretary of
[[Page S4079]]
Defense for Intelligence, in coordination with the Director
of the National Counterintelligence and Security Center,
shall submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of Representatives a
plan to designate the counterintelligence component of the
Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than
January 1, 2019. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information
sharing, and business processes of the Defense Security
Service and the intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 10432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall
be construed to require the Secretary to provide notice to
any private entity before the Secretary issues a binding
operational directive under subsection (b)(2).''.
SEC. 10433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF
DEFENSE INTELLIGENCE AGENCY.
(a) In General.--The Director of National Intelligence and
the Secretary of Defense shall jointly establish a framework
to ensure the appropriate balance of resources for the roles,
missions, and functions of the Defense Intelligence Agency in
its capacity as an element of the intelligence community and
as a combat support agency. The framework shall include
supporting processes to provide for the consistent and
regular reevaluation of the responsibilities and resources of
the Defense Intelligence Agency to prevent imbalanced
priorities, insufficient or misaligned resources, and the
unauthorized expansion of mission parameters.
(b) Matters for Inclusion.--The framework required under
subsection (a) shall include each of the following:
(1) A lexicon providing for consistent definitions of
relevant terms used by both the intelligence community and
the Department of Defense, including each of the following:
(A) Defense intelligence enterprise.
(B) Enterprise manager.
(C) Executive agent.
(D) Function.
(E) Functional manager.
(F) Mission.
(G) Mission manager.
(H) Responsibility.
(I) Role.
(J) Service of common concern.
(2) An assessment of the necessity of maintaining separate
designations for the intelligence community and the
Department of Defense for intelligence functional or
enterprise management constructs.
(3) A repeatable process for evaluating the addition,
transfer, or elimination of defense intelligence missions,
roles, and functions, currently performed or to be performed
in the future by the Defense Intelligence Agency, which
includes each of the following:
(A) A justification for the addition, transfer, or
elimination of a mission, role, or function.
(B) The identification of which, if any, element of the
Federal Government performs the considered mission, role, or
function.
(C) In the case of any new mission, role, or function--
(i) an assessment of the most appropriate agency or element
to perform such mission, role, or function, taking into
account the resource profiles, scope of responsibilities,
primary customers, and existing infrastructure necessary to
support such mission, role, or function; and
(ii) a determination of the appropriate resource profile
and an identification of the projected resources needed and
the proposed source of such resources over the future-years
defense program, to be provided in writing to any elements of
the intelligence community or the Department of Defense
affected by the assumption, transfer, or elimination of any
mission, role, or function.
(D) In the case of any mission, role, or function proposed
to be assumed, transferred, or eliminated, an assessment,
which shall be completed jointly by the heads of each element
affected by such assumption, transfer, or elimination, of the
risks that would be assumed by the intelligence community and
the Department if such mission, role, or function is assumed,
transferred, or eliminated.
(E) A description of how determinations are made regarding
the funding of programs and activities under the National
Intelligence Program and the Military Intelligence Program,
including--
(i) which programs or activities are funded under each such
Program;
(ii) which programs or activities should be jointly funded
under both such Programs and how determinations are made with
respect to funding allocations for such programs and
activities; and
(iii) the thresholds and process for changing a program or
activity from being funded under one such Program to being
funded under the other such Program.
SEC. 10434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
RECONNAISSANCE OFFICE.
(a) Establishment.--Section 106A of the National Security
Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end
the following new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the National
Reconnaissance Office, including with respect to promoting
innovation, competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters; and
``(B) advise and report directly to the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be composed of 5 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later than 30 days after the date
on which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
``(B) Terms.--Each member shall be appointed for a term of
2 years. Except as provided by subparagraph (C), a member may
not serve more than 3 terms.
``(C) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(D) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the National
Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities and
significant findings of the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.''.
(b) Initial Appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
National Reconnaissance Office shall appoint the initial 5
members to the advisory board under subsection (d) of section
106A of the National Security Act of 1947 (50 U.S.C. 3041a),
as added by subsection (a).
SEC. 10435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND
SECURITY PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not
later than 60 days after the date of the enactment of this
Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall identify, in consultation
with the Commissioner of U.S. Customs and Border Protection,
the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the
Department of Homeland Security as the Under Secretary
considers appropriate, opportunities for collocation of
officers of the Office of Intelligence and Analysis in the
field outside of the greater Washington, District of
Columbia, area in order to support operational units from
U.S. Customs and Border Protection, the Transportation
Security Administration, U.S. Immigration and Customs
Enforcement, and other elements of the Department of Homeland
Security.
(b) Plan for Collocation.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the congressional intelligence committees a
report that includes a plan for collocation as described in
subsection (a).
TITLE CV--ELECTION MATTERS
SEC. 10501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Foreign Relations of the Senate; and
[[Page S4080]]
(E) the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to
congressional leadership and the appropriate congressional
committees a report on cyber attacks and attempted cyber
attacks by foreign governments on United States election
infrastructure in States and localities in connection with
the 2016 Presidential election in the United States and such
cyber attacks or attempted cyber attacks as the Under
Secretary anticipates against such infrastructure. Such
report shall identify the States and localities affected and
shall include cyber attacks and attempted cyber attacks
against voter registration databases, voting machines,
voting-related computer networks, and the networks of
Secretaries of State and other election officials of the
various States.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 10502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO
COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO
INFLUENCE THE PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall
include, with respect to the posture and efforts described in
paragraph (1) of such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection
(a)(2) shall be submitted to the congressional intelligence
committees in a classified form.
SEC. 10503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO
FEDERAL ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, the
Secretary of Homeland Security, and the heads of other
relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly
scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 10504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO
UNITED STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of Defense, and
the Secretary of the Treasury, shall develop a whole-of-
government strategy for countering the threat of Russian
cyber attacks and attempted cyber attacks against electoral
systems and processes in the United States, including
Federal, State, and local election systems, voter
registration databases, voting tabulation equipment, and
equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by
subsection (b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well
as any other agencies and departments of the United States,
as determined appropriate by the Director of National
Intelligence and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the
States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and Internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment
cyber threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation
of the strategy.
(d) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Homeland Security
shall jointly brief the appropriate congressional committees
on the strategy developed under subsection (b).
SEC. 10505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE
CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND
REFERENDA.
(a) Russian Influence Campaign Defined.--In this section,
the term ``Russian influence campaign'' means any effort,
covert or overt, and by any means, attributable to the
Russian Federation directed at an election, referendum, or
similar process in a country other than the Russian
Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report containing an analytical assessment of
the most significant Russian influence campaigns, if any,
conducted during the 3-year period preceding the date of the
enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any.
Such assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by
which such campaigns were conducted, are being conducted, or
likely will be conducted, as appropriate, and the specific
goal of each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
[[Page S4081]]
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of
assisting the government of such foreign state in defending
against or responding to such Russian influence campaigns;
and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
SEC. 10506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY
THREATS TO FEDERAL ELECTION CAMPAIGNS.
(a) Reports Required.--
(1) In general.--As provided in paragraph (2), for each
Federal election, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security
for Intelligence and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly available on an
Internet website an advisory report on foreign
counterintelligence and cybersecurity threats to election
campaigns for Federal offices. Each such report shall
include, consistent with the protection of sources and
methods, each of the following:
(A) A description of foreign counterintelligence and
cybersecurity threats to election campaigns for Federal
offices.
(B) A summary of best practices that election campaigns for
Federal offices can employ in seeking to counter such
threats.
(C) An identification of any publicly available resources,
including United States Government resources, for countering
such threats.
(2) Schedule for submittal.--A report under this subsection
shall be made available as follows:
(A) In the case of a report regarding an election held for
the office of Senator or Member of the House of
Representatives during 2018, not later than the date that is
60 days after the date of the enactment of this Act.
(B) In the case of a report regarding an election for a
Federal office during any subsequent year, not later than the
date that is 1 year before the date of the election.
(3) Information to be included.--A report under this
subsection shall reflect the most current information
available to the Director of National Intelligence regarding
foreign counterintelligence and cybersecurity threats.
(b) Treatment of Campaigns Subject to Heightened Threats.--
If the Director of the Federal Bureau of Investigation and
the Under Secretary of Homeland Security for Intelligence and
Analysis jointly determine that an election campaign for
Federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of
sources and methods, may make available additional
information to the appropriate representatives of such
campaign.
SEC. 10507. INFORMATION SHARING WITH STATE ELECTION
OFFICIALS.
(a) State Defined.--In this section, the term ``State''
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other
official of the Department of Homeland Security designated by
the Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National
Intelligence may issue interim clearances, for a period to be
determined by the Director, to a chief election official as
described in paragraph (1) and up to 1 designee of such
official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department
(as specified in section 103(a)(1)(H) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing
any appropriate classified information related to threats to
election systems and to the integrity of the election process
with chief election officials and such designees who have
received a security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department (as specified in section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to
facilitate the sharing of information to the affected
Secretaries of State or States.
SEC. 10508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER
INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS
DIRECTED AT ELECTIONS FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently
jeopardizes, without lawful authority, electronic election
infrastructure, or the integrity, confidentiality, or
availability of information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination
is credibly sourced and plausible but not of sufficient
quality or corroborated sufficiently to warrant a higher
level of confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions
and Active Measures Campaigns.--The Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly carry out subsection (c) if such Directors and the
Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly provide a briefing to the congressional leadership,
the congressional intelligence committees and, consistent
with the protection of sources and methods, the other
appropriate congressional committees. The briefing shall be
classified and address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may be,
covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public release
of information about the cyber intrusion or active measures
campaign.
(D) Any other information such Directors and the Secretary
jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (b), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
[[Page S4082]]
SEC. 10509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO
LEAD ELECTION SECURITY MATTERS.
(a) In General.--The Director of National Intelligence
shall designate a national counterintelligence officer within
the National Counterintelligence and Security Center to lead,
manage, and coordinate counterintelligence matters relating
to election security.
(b) Additional Responsibilities.--The person designated
under subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801)) to the following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE CVI--SECURITY CLEARANCES
SEC. 10601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on Oversight and Reform of the House of
Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program)) that is participating in the National Industrial
Security Program established by such Executive Order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive Order, or any
successor entity.
(5) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 10605.
(6) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability for
government employment, fitness for contractor employees, and
eligibility for access to classified national security
information), or any successor entity.
SEC. 10602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES
AND BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security
and public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure
standardization, portability, and reciprocity in security
clearances across the Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the background
investigation inventory to 200,000, or an otherwise
sustainable steady-level, by the end of year 2020. Such plan
shall include notes of any required changes in investigative
and adjudicative standards or resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for security
clearances in the most effective and efficient manner between
the National Background Investigation Bureau and the Defense
Security Service, or a successor organization. Such plan
shall address required funding, personnel, contracts,
information technology, field office structure, policy,
governance, schedule, transition costs, and effects on
stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report on the future of
personnel security to reflect changes in threats, the
workforce, and technology.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) A risk framework for granting and renewing access to
classified information.
(ii) A discussion of the use of technologies to prevent,
detect, and monitor threats.
(iii) A discussion of efforts to address reciprocity and
portability.
(iv) A discussion of the characteristics of effective
insider threat programs.
(v) An analysis of how to integrate data from continuous
evaluation, insider threat programs, and human resources
data.
(vi) Recommendations on interagency governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council,
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a plan to
implement the report's framework and recommendations
submitted under paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available
to the public a report regarding the status of the
disposition of requests received from departments and
agencies of the Federal Government for a change to, or
approval under, the Federal investigative standards, the
national adjudicative guidelines, continuous evaluation, or
other national policy regarding personnel security.
SEC. 10603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report that includes the
following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is
unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect
of a holder of a security clearance becoming an insider
threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National Security
Positions (Standard Form 86) and increasing customer support
to applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to
support or replace field investigation work;
(C) using secure and reliable digitization of information
obtained during the clearance process;
(D) building the capacity of the background investigation
labor sector; and
(E) replacing periodic reinvestigations with continuous
evaluation techniques in all appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than
180 days after the date of the enactment of this Act, the
Security Executive Agent shall, in coordination with the
members of the Council, establish the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security clearances based
on the mission the contractors will be performing;
(B) standardization in the forms that agencies issue to
initiate the process for a security clearance;
(C) digitization of background investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines under
Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across agencies
and departments of the
[[Page S4083]]
United States, regardless of status of periodic
reinvestigation;
(G) tracking of clearance files as individuals move from
employment with an agency or department of the United States
to employment in the private sector;
(H) collection of timelines for movement of contractors
across agencies and departments;
(I) reporting on security incidents and job performance,
consistent with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), that may
affect the ability to hold a security clearance;
(J) any recommended changes to the Federal Acquisition
Regulations (FAR) necessary to ensure that information
affecting contractor clearances or suitability is
appropriately and expeditiously shared between and among
agencies and contractors; and
(K) portability of contractor security clearances between
or among contracts at the same agency and between or among
contracts at different agencies that require the same level
of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part of a
security clearance determination only on an as-needed, risk-
based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous evaluation
methods may be used to expedite or focus reinvestigations;
and
(C) provides an exception for certain populations if the
Security Executive Agent--
(i) determines such populations require reinvestigations at
regular intervals; and
(ii) provides written justification to the appropriate
congressional committees for any such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks
generated pursuant to a security clearance applicant's
employment with a prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute
for a periodic investigation for continued access to
classified information.
SEC. 10604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING
SECURITY CLEARANCES.
(a) Reciprocity Defined.--In this section, the term
``reciprocity'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to
classified information.
(b) In General.--The Council shall reform the security
clearance process with the objective that, by December 31,
2021, 90 percent of all determinations, other than
determinations regarding populations identified under section
10603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer;
and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31,
2021, reinvestigation on a set periodicity is not required
for more than 10 percent of the population that holds a
security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to carry out this
section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c)
for 2019, 2020, and 2021.
SEC. 10605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence,
or such other officer of the United States as the President
may designate, shall serve as the Security Executive Agent
for all departments and agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent
are as follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable,
polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position made
by any Federal agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies
to determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely,
and secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to
access to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting
as the final authority to arbitrate and resolve disputes
among such agencies involving the reciprocity of
investigations and adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information
or eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in
subsection (b) or the authorities described in paragraphs (1)
and (2), provided that the exercise of such assigned duties
or authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions
(including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--
Not later than 30 days after the date on which the Chairman
of the Council submits to the appropriate congressional
committees the report required by section 602(b)(2)(A), the
Chairman shall submit to the appropriate congressional
committees such recommendations as the Chairman may have for
revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such
Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in
section 804'' and inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the
matter preceding section 2 of such Act (50 U.S.C. 3002) is
amended by striking the items relating to sections 803 and
804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 10606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE
STANDARDS FOR POSITIONS OF TRUST AND SECURITY
CLEARANCES.
Not later than 90 days after the date of the enactment of
this Act, the Security Executive Agent and the Suitability
and Credentialing Executive Agent, in coordination with the
other members of the Council, shall jointly submit to the
appropriate congressional committees and make available to
appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the
Government and to industry of consolidating to not more than
3 tiers for positions of trust and security clearances.
SEC. 10607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to
reflect the greater mobility of the modern workforce,
alternative methodologies merit analysis to allow greater
flexibility for individuals moving in and out of positions
that require access to classified information, while still
preserving security.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a report that
describes the requirements, feasibility, and advisability of
[[Page S4084]]
implementing a clearance in person concept described in
subsection (c).
(c) Clearance in Person Concept.--The clearance in person
concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b)
shall address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 10608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR
BACKGROUND INVESTIGATIONS.
(a) In General.--As part of the fiscal year 2020 budget
request submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, the President shall include
exhibits that identify the resources expended by each agency
during the prior fiscal year for processing background
investigations and continuous evaluation programs,
disaggregated by tier and whether the individual was a
Government employee or contractor.
(b) Contents.--Each exhibit submitted under subsection (a)
shall include details on--
(1) the costs of background investigations or
reinvestigations;
(2) the costs associated with background investigations for
Government or contract personnel;
(3) costs associated with continuous evaluation initiatives
monitoring for each person for whom a background
investigation or reinvestigation was conducted, other than
costs associated with adjudication;
(4) the average per person cost for each type of background
investigation; and
(5) a summary of transfers and reprogrammings that were
executed in the previous year to support the processing of
security clearances.
SEC. 10609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES
INSIDE OF DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the
term ``reciprocally recognized'' means reciprocal recognition
by Federal departments and agencies of eligibility for access
to classified information.
(b) Reports to Security Executive Agent.--The head of each
Federal department or agency shall submit an annual report to
the Security Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally
recognized after such individuals move to another part of
such department or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each
year, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to
industry partners an annual report that summarizes the
information received pursuant to subsection (b) during the
period covered by such report.
SEC. 10610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY
CLEARANCES.
Section 506H of the National Security Act of 1947 (50
U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
(B) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later
than March 1 of each year, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives regarding the security clearances processed
by each element of the intelligence community during the
preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives such portions of the report
submitted under subparagraph (A) as the Director determines
address elements of the intelligence community that are
within the Department of Defense.
``(C) Each report submitted under this paragraph shall
separately identify security clearances processed for Federal
employees and contractor employees sponsored by each such
element.
``(2) Each report submitted under paragraph (1)(A) shall
include, for each element of the intelligence community for
the fiscal year covered by the report, the following:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number of such adjudications that were
adjudicated favorably and granted access to classified
information; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice
of a determination provided to the existing employee,
including--
``(i) the total number of such adjudications that were
adjudicated favorably; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than 12
months.
``(iii) For 12 months or longer, but shorter than 18
months.
``(iv) For 18 months or longer, but shorter than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed
or pending during the year preceding the year for which the
report is submitted that have taken longer than 12 months to
complete--
``(i) an explanation of the causes for the delays incurred
during the period covered by the report; and
``(ii) the number of such delays involving a polygraph
requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that
resulted in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision
on potentially adverse information.
``(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 10611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE
COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS
TO CLASSIFIED INFORMATION, NETWORKS, OR
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act and not less frequently than once every 5 years
thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
that reviews the intelligence community for which positions
can be conducted without access to classified information,
networks, or facilities, or may only require a security
clearance at the secret level.
SEC. 10612. INFORMATION SHARING PROGRAM FOR POSITIONS OF
TRUST AND SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
establish and implement a program to share between and among
agencies of the Federal Government and industry partners of
the Federal Government relevant background information
regarding individuals applying for and currently occupying
national security positions and positions of trust, in order
to ensure the Federal Government maintains a trusted
workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
ensure that the Program includes such safeguards for privacy
as the Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate.
(c) Provision of Information to the Federal Government.--
The Program shall include requirements that enable
investigative service providers and agencies of the Federal
Government to leverage certain pre-employment information
gathered during the employment or military recruiting
process, and other relevant security or human resources
[[Page S4085]]
information obtained during employment with or for the
Federal Government, that satisfy Federal investigative
standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the Program.
(f) Plan for Pilot Program on Two-way Information
Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of a pilot program to assess the
feasibility and advisability of expanding the Program to
include the sharing of information held by the Federal
Government related to contract personnel with the security
office of the employers of those contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a review of the
plans submitted under subsections (e)(1) and (f)(1) and
utility and effectiveness of the programs described in such
plans.
SEC. 10613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF
WHISTLEBLOWER-RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Security Executive Agent shall, in coordination
with the Inspector General of the Intelligence Community,
submit to the appropriate congressional committees a report
detailing the controls employed by the intelligence community
to ensure that continuous vetting programs, including those
involving user activity monitoring, protect the
confidentiality of whistleblower-related communications.
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.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter
into or implement any bilateral agreement between the United
States and the Russian Federation regarding cybersecurity,
including the establishment or support of any cybersecurity
unit, unless, at least 30 days prior to the conclusion of any
such agreement, the Director of National Intelligence submits
to the appropriate congressional committees a report on such
agreement that includes the elements required by subsection
(c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under
subsection (b) with respect to an agreement, such report
shall include a description of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be
construed to affect any existing authority of the Director of
National Intelligence, the Director of the Central
Intelligence Agency, or another head of an element of the
intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 10702. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term
``covered compounds'' means the real property in New York,
the real property in Maryland, and the real property in San
Francisco, California, that were under the control of the
Government of Russia in 2016 and were removed from such
control in response to various transgressions by the
Government of Russia, including the interference by the
Government of Russia in the 2016 election in the United
States.
(b) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives (only with respect to the
unclassified report), a report on the intelligence risks of
returning the covered compounds to Russian control.
(c) Form of Report.--The report required by this section
shall be submitted in classified and unclassified forms.
SEC. 10703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term
``threat finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of
threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
the Treasury for Intelligence and Analysis, shall submit to
the congressional intelligence committees a report containing
an assessment of Russian threat finance. The assessment shall
be based on intelligence from all sources, including from the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at
the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision of law
imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any other
provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including
common methods of conducting such activities and global nodes
of money laundering used by Russian threat actors described
in paragraph (1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government
of Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement
and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States legal and
financial system, including specific sectors, which have been
or could be exploited in connection with Russian threat
finance activities; and
[[Page S4086]]
(C) the counterintelligence threat posed by Russian money
laundering and other forms of threat finance, as well as the
threat to the United States financial system and United
States efforts to enforce sanctions and combat organized
crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection
(b) may be submitted in classified form.
SEC. 10704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(C) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal
Bureau of Investigation and the head of any other relevant
agency, shall notify the congressional leadership and the
Chairman and Vice Chairman or Ranking Member of each of the
appropriate congressional committees, and of other relevant
committees of jurisdiction, each time the Director of
National Intelligence determines there is credible
information that a foreign power has, is, or will attempt to
employ a covert influence or active measures campaign with
regard to the modernization, employment, doctrine, or force
posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions
taken by the United States to expose or halt an attempt
referred to in subsection (b).
SEC. 10705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC
AND CONSULAR PERSONNEL OF THE RUSSIAN
FEDERATION IN THE UNITED STATES.
In carrying out the advance notification requirements set
out in section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
825; 22 U.S.C. 254a note), the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business
days in advance of all travel that is subject to such
requirements by accredited diplomatic and consular personnel
of the Russian Federation in the United States, and take
necessary action to secure full compliance by Russian
personnel and address any noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 10706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS
FROM UNITED STATES ADVERSARIES TO THE UNITED
STATES TECHNOLOGY SECTOR.
(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services, Committee on Homeland
Security, and the Committee on Oversight and Reform of the
House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report detailing outreach by the intelligence
community and the Defense Intelligence Enterprise to United
States industrial, commercial, scientific, technical, and
academic communities on matters relating to the efforts of
adversaries of the United States to acquire critical United
States technology, intellectual property, and research and
development information.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A review of the current outreach efforts of the
intelligence community and the Defense Intelligence
Enterprise described in subsection (b), including the type of
information conveyed in the outreach.
(2) A determination of the appropriate element of the
intelligence community to lead such outreach efforts.
(3) An assessment of potential methods for improving the
effectiveness of such outreach, including an assessment of
the following:
(A) Those critical technologies, infrastructure, or related
supply chains that are at risk from the efforts of
adversaries described in subsection (b).
(B) The necessity and advisability of granting security
clearances to company or community leadership, when necessary
and appropriate, to allow for tailored classified briefings
on specific targeted threats.
(C) The advisability of partnering with entities of the
Federal Government that are not elements of the intelligence
community and relevant regulatory and industry groups
described in subsection (b), to convey key messages across
sectors targeted by United States adversaries.
(D) Strategies to assist affected elements of the
communities described in subparagraph (C) in mitigating,
deterring, and protecting against the broad range of threats
from the efforts of adversaries described in subsection (b),
with focus on producing information that enables private
entities to justify business decisions related to national
security concerns.
(E) The advisability of the establishment of a United
States Government-wide task force to coordinate outreach and
activities to combat the threats from efforts of adversaries
described in subsection (b).
(F) Such other matters as the Director of National
Intelligence may consider necessary.
(d) Consultation Encouraged.--In preparing the report
required by subsection (b), the Director is encouraged to
consult with other government agencies, think tanks,
academia, representatives of the financial industry, or such
other entities as the Director considers appropriate.
(e) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex as necessary.
SEC. 10707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN
SYRIA AND LEBANON.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Arms or related material.--The term ``arms or related
material'' means--
(A) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
(B) ballistic or cruise missile weapons or materials or
components of such weapons;
(C) destabilizing numbers and types of advanced
conventional weapons;
(D) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of
section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(E) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403);
or
(F) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on Iranian support of proxy forces in Syria
and Lebanon and the threat posed to Israel, other United
States regional allies, and other specified interests of the
United States as a result of such support.
(c) Matters for Inclusion.--The report required under
subsection (b) shall include information relating to the
following matters with respect to both the strategic and
tactical implications for the United States and its allies:
(1) A description of arms or related materiel transferred
by Iran to Hizballah since March 2011, including the number
of such arms or related materiel and whether such transfer
was by land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli
borders with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for nonstate actors, including whether such
facilities were assessed to be built at the direction of
Hizballah leadership, Iranian leadership, or in consultation
between Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
[[Page S4087]]
(7) An identification of foreign persons that are based on
credible information, facilitating the transfer of
significant financial support or arms or related materiel to
Hizballah.
(8) A description of the threat posed to Israel and other
United States allies in the Middle East by the transfer of
arms or related material or other support offered to
Hizballah and other proxies from Iran.
(d) Form of Report.--The report required under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 10708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING
FOREIGN MILITARY AND TERRORIST ACTIVITIES.
(a) Annual Report Required.--Not later than 90 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence shall submit to Congress a report describing
Iranian expenditures in the previous calendar year on
military and terrorist activities outside the country,
including each of the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hizballah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Director determines to
be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 10709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE
MEASURES AND REPORT ON ESTABLISHMENT OF FOREIGN
MALIGN INFLUENCE CENTER.
(a) Scope of Committee to Counter Active Measures.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50
U.S.C. 3001 note) is amended--
(A) in subsections (a) through (h)--
(i) by inserting ``, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state'' after ``Russian Federation''
each place it appears; and
(ii) by inserting ``, China, Iran, North Korea, or other
nation state'' after ``Russia'' each place it appears; and
(B) in the section heading, by inserting ``, the people's
republic of china, the islamic republic of iran, the
democratic people's republic of korea, or other nation
state'' after ``russian federation''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, and other nation states to exert covert influence
over peoples and governments.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with such elements of the
intelligence community as the Director considers relevant,
shall submit to the congressional intelligence committees a
report on the feasibility and advisability of establishing a
center, to be known as the ``Foreign Malign Influence
Response Center'', that--
(A) is comprised of analysts from all appropriate elements
of the intelligence community, including elements with
related diplomatic and law enforcement functions;
(B) has access to all intelligence and other reporting
acquired by the United States Government on foreign efforts
to influence, through overt and covert malign activities,
United States political processes and elections;
(C) provides comprehensive assessment, and indications and
warning, of such activities; and
(D) provides for enhanced dissemination of such assessment
to United States policy makers.
(2) Contents.--The Report required by paragraph (1) shall
include the following:
(A) A discussion of the desirability of the establishment
of such center and any barriers to such establishment.
(B) Such recommendations and other matters as the Director
considers appropriate.
Subtitle B--Reports
SEC. 10711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is
amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 10712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security
Instruction Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Under Secretary of
Homeland Security for Intelligence and Analysis, shall submit
to the appropriate committees of Congress a report on the
authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of the
Chief Intelligence Officer of the Department and the Homeland
Security Intelligence Council, of which the Chief
Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to effectively
coordinate, organize, and lead intelligence activities of the
Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office
of Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 10713. REPORT ON CYBER EXCHANGE PROGRAM.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the potential establishment of a fully voluntary
exchange program between elements of the intelligence
community and private technology companies under which--
(1) an employee of an element of the intelligence community
with demonstrated expertise and work experience in
cybersecurity or related disciplines may elect to be
temporarily detailed to a private technology company that has
elected to receive the detailee; and
(2) an employee of a private technology company with
demonstrated expertise and work experience in cybersecurity
or related disciplines may elect to be temporarily detailed
to an element of the intelligence community that has elected
to receive the detailee.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the feasibility of establishing the
exchange program described in such subsection.
(2) Identification of any challenges in establishing the
exchange program.
(3) An evaluation of the benefits to the intelligence
community that would result from the exchange program.
SEC. 10714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General
of the Intelligence Community, in consultation with the
inspectors general for the Central Intelligence Agency, the
National Security Agency, the National Geospatial-
Intelligence Agency, the Defense Intelligence Agency, and the
National Reconnaissance Office, shall conduct a review of the
authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors
general.
(b) Objective of Review.--The objective of the review
required under subsection (a) is to identify any
discrepancies, inconsistencies, or other issues, which
frustrate the timely and effective reporting of intelligence
community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and
the fair and expeditious investigation and resolution of such
matters.
(c) Conduct of Review.--The Inspector General of the
Intelligence Community shall take such measures as the
Inspector General determines necessary in order to ensure
that the review required by subsection (a) is conducted in an
independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a written report containing the
results of the review required under subsection (a), along
with recommendations to improve the timely and effective
reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence
committees and the fair and expeditious investigation and
resolution of such matters.
[[Page S4088]]
SEC. 10715. REPORT ON ROLE OF DIRECTOR OF NATIONAL
INTELLIGENCE WITH RESPECT TO CERTAIN FOREIGN
INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees a report on the role of the Director in preparing
analytic materials in connection with the evaluation by the
Federal Government of national security risks associated with
potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall
include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and
personnel to prepare such materials; and
(3) recommendations to improve such process.
SEC. 10716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES TELECOMMUNICATIONS
NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security, submit to the
appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities
in United States telecommunications networks (including
Signaling System No. 7) to target for surveillance United
States persons, including employees of the Federal
Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from
surveillance conducted by foreign governments.
SEC. 10717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the
intelligence community that the Director of National
Intelligence determines appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 2 years thereafter, the Director of National
Intelligence shall submit to the 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 a report on
foreign investment risks prepared by the interagency working
group established under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the national
security of the United States with respect to foreign
investment.
(B) Any strategy used by a foreign country that such
interagency working group has identified to be a country of
special concern to use foreign investment to target the
acquisition of critical technologies, critical materials, or
critical infrastructure.
(C) Any economic espionage efforts directed at the United
States by a foreign country, particularly such a country of
special concern.
SEC. 10718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON
TRAVEL OF FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31) is amended by striking
``the number'' and inserting ``a best estimate''.
SEC. 10719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight responsibility
for an element of the intelligence community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information
to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the
congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information.
``(B) The number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred to the
Attorney General for criminal investigation.
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security
of the Department of Justice, in consultation with the
Director of the Federal Bureau of Investigation, shall submit
to the congressional intelligence committees, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report on the
status of each referral made to the Department of Justice
from any element of the intelligence community regarding an
unauthorized disclosure of classified information made during
the most recent 365-day period or any referral that has not
yet been closed, regardless of the date the referral was
made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal charges
have been filed related to the referral.
``(F) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have
a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 1104 the
following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 10720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF
COVERED INTELLIGENCE OFFICER AS PERSONA NON
GRATA.
(a) Covered Intelligence Officer Defined.--In this section,
the term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after
a covered intelligence officer is designated as a persona non
grata, the Director of National Intelligence, in consultation
with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a notification of
that designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
[[Page S4089]]
SEC. 10721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION
IN VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated
November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor
document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities
Equities Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials responsible for
determining whether, pursuant to criteria contained in the
Vulnerabilities Equities Policy and Process document or any
successor document, a vulnerability must be submitted for
review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such
determination; and
(B) the roles or responsibilities of that element during a
review of a vulnerability submitted to the Vulnerabilities
Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community
for determining whether to submit a vulnerability for review
under the Vulnerabilities Equities Process, such element
shall submit to the congressional intelligence committees a
report describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for review
under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph
(A) disclosed to each vendor responsible for correcting the
vulnerability, or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in paragraph
5.4 of the Vulnerabilities Equities Policy and Process
document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process; and
(B) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process known to have been patched.
(3) Non-duplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
intelligence committees in writing that, with respect to the
same calendar year, an annual report required by paragraph
4.3 of the Vulnerabilities Equities Policy and Process
document already has been submitted to Congress, and such
annual report contains the information that would otherwise
be required to be included in an annual report under this
subsection.
SEC. 10722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall submit to
the congressional intelligence committees a report that
includes, with respect to the department or agency of the
Inspector General, analyses of the following:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General
listed in this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 10723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL
SECURITY IMPLICATIONS AND BRIEFING ON EMERGING
INFECTIOUS DISEASE AND PANDEMICS.
(a) Reports on Global Water Insecurity and National
Security Implications.--
(1) Reports required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the implications of water insecurity
on the national security interest of the United States,
including consideration of social, economic, agricultural,
and environmental factors.
(2) Assessment scope and focus.--Each report submitted
under paragraph (1) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(A) of strategic, economic, or humanitarian interest to the
United States--
(i) that are, as of the date of the report, at the greatest
risk of instability, conflict, human insecurity, or mass
displacement; or
(ii) where challenges relating to water insecurity are
likely to emerge and become significant during the 5-year or
the 20-year period beginning on the date of the report; and
(B) where challenges relating to water insecurity are
likely to imperil the national security interests of the
United States or allies of the United States.
(3) Consultation.--In researching a report required by
paragraph (1), the Director shall consult with--
(A) such stakeholders within the intelligence community,
the Department of Defense, and the Department of State as the
Director considers appropriate; and
(B) such additional Federal agencies and persons in the
private sector as the Director considers appropriate.
(4) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Briefing on Emerging Infectious Disease and
Pandemics.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(C) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(2) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall provide to the appropriate congressional
committees a briefing on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease
threats) and pandemics, and their implications on the
national security of the United States.
(3) Content.--The briefing under paragraph (2) shall
include an assessment of--
(A) the economic, social, political, and security risks,
costs, and impacts of emerging infectious diseases on the
United States and the international political and economic
system;
(B) the economic, social, political, and security risks,
costs, and impacts of a major transnational pandemic on the
United States and the international political and economic
system; and
(C) contributing trends and factors to the matters assessed
under subparagraphs (A) and (B).
(4) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and
a possible transnational pandemic under paragraph (3), the
Director of National Intelligence shall also examine in the
briefing under paragraph (2) the response capacity within
affected countries and the international system. In
considering response capacity, the Director shall include--
(A) the ability of affected nations to effectively detect
and manage emerging infectious diseases and a possible
transnational pandemic;
(B) the role and capacity of international organizations
and nongovernmental organizations to respond to emerging
infectious disease and a possible pandemic, and their ability
to coordinate with affected and donor nations; and
(C) the effectiveness of current international frameworks,
agreements, and health systems to respond to emerging
infectious diseases and a possible transnational pandemic.
(5) Form.--The briefing under paragraph (2) may be
classified.
[[Page S4090]]
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.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual
budget request submitted by the President to Congress under
section 1105 of title 31, United States Code, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees a report that lists
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of
an intelligence community who receives a request from the
Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives for a copy of a memorandum of understanding
or other document listed in a report submitted by the head
under subsection (a) shall submit to such committee the
requested copy as soon as practicable after receiving such
request.''.
SEC. 10725. STUDY ON THE FEASIBILITY OF ENCRYPTING
UNCLASSIFIED WIRELINE AND WIRELESS TELEPHONE
CALLS.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall complete a study on the feasibility of
encrypting unclassified wireline and wireless telephone calls
between personnel in the intelligence community.
(b) Report.--Not later than 90 days after the date on which
the Director completes the study required by subsection (a),
the Director shall submit to the congressional intelligence
committees a report on the Director's findings with respect
to such study.
SEC. 10726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON
HIRING AND RETENTION OF MINORITY EMPLOYEES.
(a) Expansion of Period of Report.--Subsection (a) of
section 114 of the National Security Act of 1947 (50 U.S.C.
3050) is amended by inserting ``and the preceding 5 fiscal
years'' after ``fiscal year''.
(b) Clarification on Disaggregation of Data.--Subsection
(b) of such section is amended, in the matter before
paragraph (1), by striking ``disaggregated data by category
of covered person from each element of the intelligence
community'' and inserting ``data, disaggregated by category
of covered person and by element of the intelligence
community,''.
SEC. 10727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT
AND RELATED PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, for employees of the intelligence
community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the
ability of the elements of the intelligence community to
recruit, hire, and retain highly qualified personnel,
including with respect to mission-critical and hard-to-fill
positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to
both current employees of the element as well as to
prospective employees of the element.
(b) Report on Potential Intelligence Community-wide
Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements
of the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to establish and
carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry out such
a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an
element of the intelligence community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit
to the congressional intelligence committees a report on the
covered programs. Each such report shall include, with
respect to the period covered by the report, the following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended for
each such program.
(C) A description of the efforts made by each element to
promote each covered program pursuant to both the personnel
of the element of the intelligence community and to
prospective personnel.
SEC. 10728. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-standing Material Weaknesses.--Section
368 of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby
repealed.
(b) Interagency Threat Assessment and Coordination Group.--
Section 210D of the Homeland Security Act of 2002 (6 U.S.C.
124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and inserting a
period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 10729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this
section, the term ``Senior Executive Service position'' has
the meaning given that term in section 3132(a)(2) of title 5,
United States Code, and includes any position above the GS-
15, step 10, level of the General Schedule under section 5332
of such title.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on the number of Senior
Executive Service positions in the Office of the Director of
National Intelligence.
(c) Matters Included.--The report under subsection (b)
shall include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of
senior positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence
shall provide to the Inspector General of the Intelligence
Community any information requested by the Inspector General
of the Intelligence Community that is necessary to carry out
this section by not later than 14 calendar days after the
date on which the Inspector General of the Intelligence
Community makes such request.
SEC. 10730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION
OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall provide to the congressional intelligence committees a
briefing on the ability of the Federal Bureau of
Investigation to offer, as an inducement to assisting the
Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related
investigations. The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies
and departments of the United States Government, including a
discussion of the authorities provided by section
101(a)(15)(S) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence
Agency Act (50 U.S.C. 3508), and any other provision of law
under which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
[[Page S4091]]
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 10731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE
SOURCES.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
State for Intelligence and Research and the Assistant
Secretary of the Treasury for Intelligence and Analysis,
shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall
include revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other
stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other
countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a)
shall include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and non-financial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and
international financial systems and repatriates and exports
capital, goods, and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the
assessment required under subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees a copy of such assessment.
SEC. 10732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL
CURRENCIES BY TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop
Terrorist Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of the Treasury, shall
submit to Congress a report on the possible exploitation of
virtual currencies by terrorist actors. Such report shall
include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
State sponsors of terrorism of virtual currencies compared to
the use by such organizations and States of other forms of
financing to support operations, including an assessment of
the collection posture of the intelligence community on the
use of virtual currencies by such organizations and States.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual
currencies by international terrorist organizations and State
sponsors of terrorism and an identification of any gaps in
existing law that could be exploited for illicit funding by
such organizations and States.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle C--Other Matters
SEC. 10741. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act
of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended
by striking ``December 31, 2018'' and inserting ``December
31, 2028''.
SEC. 10742. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(C) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a
cybersecurity incident could reasonably result in
catastrophic regional or national effects on public health or
safety, economic security, or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and
includes supervisory control and data acquisition systems,
distributed control systems, and programmable logic or
embedded controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a 2-year control systems
implementation pilot program within the National Laboratories
for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to
identify new classes of security vulnerabilities of the
covered entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial
control systems of covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities, including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group to Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used in the
Program under subsection (b)(2); and
(B) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National Intelligence;
or
(ii) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or
with the Federal Government or a State, Tribal, or local
government under this section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local
[[Page S4092]]
freedom of information law, open government law, open
meetings law, open records law, sunshine law, or similar law
requiring the disclosure of information or records; and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and
any provision of any State, Tribal, or local law requiring
the disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court; and
(B) shall be promptly dismissed by the applicable court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--
Nothing in this section authorizes the Secretary or the head
of any other department or agency of the Federal Government
to issue new regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SEC. 10743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(2) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved computer security
specialist or security researcher is temporarily authorized
to identify and report vulnerabilities within the information
system of an agency or department of the United States in
exchange for compensation.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Defense,
shall submit to appropriate committees of Congress a
strategic plan for appropriate agencies and departments of
the United States to implement bug bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program carried out by
the Department of Defense in 2016 and subsequent bug bounty
programs in identifying and reporting vulnerabilities within
the information systems of the Department of Defense; and
(ii) private sector bug bounty programs, including such
programs implemented by leading technology companies in the
United States; and
(B) recommendations on the feasibility of initiating bug
bounty programs at appropriate agencies and departments of
the United States.
SEC. 10744. MODIFICATION OF AUTHORITIES RELATING TO THE
NATIONAL INTELLIGENCE UNIVERSITY.
(a) Civilian Faculty Members; Employment and
Compensation.--
(1) In general.--Section 1595(c) of title 10, United States
Code, is amended by adding at the end the following:
``(5) The National Intelligence University.''.
(2) Compensation plan.--The Secretary of Defense shall
provide each person employed as a full-time professor,
instructor, or lecturer at the National Intelligence
University on the date of the enactment of this Act an
opportunity to elect to be paid under the compensation plan
in effect on the day before the date of the enactment of this
Act (with no reduction in pay) or under the authority of
section 1595 of title 10, United States Code, as amended by
paragraph (1).
(b) Acceptance of Faculty Research Grants.--Section 2161 of
such title is amended by adding at the end the following:
``(d) Acceptance of Faculty Research Grants.--The Secretary
of Defense may authorize the President of the National
Intelligence University to accept qualifying research grants
in the same manner and to the same degree as the President of
the National Defense University under section 2165(e) of this
title.''.
(c) Pilot Program on Admission of Private Sector Civilians
to Receive Instruction.--
(1) Pilot program required.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence carrying out a pilot program to assess the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University.
(B) Duration.--The Secretary shall carry out the pilot
program during the 3-year period beginning on the date of the
commencement of the pilot program.
(C) Existing program.--The Secretary shall carry out the
pilot program in a manner that is consistent with section
2167 of title 10, United States Code.
(D) Number of participants.--No more than the equivalent of
35 full-time student positions may be filled at any one time
by private sector employees enrolled under the pilot program.
(E) Diplomas and degrees.--Upon successful completion of
the course of instruction in which enrolled, any such private
sector employee may be awarded an appropriate diploma or
degree under section 2161 of title 10, United States Code.
(2) Eligible private sector employees.--
(A) In general.--For purposes of this subsection, an
eligible private sector employee is an individual employed by
a private firm that is engaged in providing to the Department
of Defense, the intelligence community, or other Government
departments or agencies significant and substantial
intelligence or defense-related systems, products, or
services or whose work product is relevant to national
security policy or strategy.
(B) Limitation.--Under this subsection, a private sector
employee admitted for instruction at the National
Intelligence University remains eligible for such instruction
only so long as that person remains employed by the same
firm, holds appropriate security clearances, and complies
with any other applicable security protocols.
(3) Annual certification by secretary of defense.--Under
the pilot program, private sector employees may receive
instruction at the National Intelligence University during
any academic year only if, before the start of that academic
year, the Secretary of Defense determines, and certifies to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
that providing instruction to private sector employees under
this section during that year will further the national
security interests of the United States.
(4) Pilot program requirements.--The Secretary of Defense
shall ensure that--
(A) the curriculum in which private sector employees may be
enrolled under the pilot program is not readily available
through other schools and concentrates on national security-
relevant issues; and
(B) the course offerings at the National Intelligence
University are determined by the needs of the Department of
Defense and the intelligence community.
(5) Tuition.--The President of the National Intelligence
University shall charge students enrolled under the pilot
program a rate that--
(A) is at least the rate charged for employees of the
United States outside the Department of Defense, less
infrastructure costs; and
(B) considers the value to the school and course of the
private sector student.
(6) Standards of conduct.--While receiving instruction at
the National Intelligence University, students enrolled under
the pilot program, to the extent practicable, are subject to
the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to
Government civilian employees receiving instruction at the
university.
(7) Use of funds.--
(A) In general.--Amounts received by the National
Intelligence University for instruction of students enrolled
under the pilot program shall be retained by the university
to defray the costs of such instruction.
(B) Records.--The source, and the disposition, of such
funds shall be specifically identified in records of the
university.
(8) Reports.--
(A) Annual reports.--Each academic year in which the pilot
program is carried out, the Secretary shall submit to the
congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed Services
of the House of Representatives a report on the number of
eligible private sector employees participating in the pilot
program.
(B) Final report.--Not later than 90 days after the date of
the conclusion of the pilot program, the Secretary shall
submit to the congressional intelligence committees, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives a report on
the findings of the Secretary with respect to the pilot
program. Such report shall include--
(i) the findings of the Secretary with respect to the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University; and
(ii) a recommendation as to whether the pilot program
should be extended.
SEC. 10745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL
SECURITY ACT OF 1947.
(a) Table of Contents.--The table of contents at the
beginning of the National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
[[Page S4093]]
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further
amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of subsection (g),
by moving the margins of such subparagraph 2 ems to the left;
and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of subsection (b),
by moving the margins of such subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of
this Act or other provisions of law, the provisions of title
5, United States Code, shall be applicable to the Department
of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 2 ems to the
left; and
(ii) by moving the margins of subparagraph (B) of such
paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
SEC. 10746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF
ENERGY.
(a) National Nuclear Security Administration Act.--Section
3233(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2423(b)) is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) by inserting ``Intelligence and'' after ``the Office
of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the
Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended
by inserting ``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of
section 106(b) of the National Security Act of 1947 (50
U.S.C. 3041(b)(2)) is amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F);
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(4) in subparagraph (H), as so redesignated, by realigning
the margin of such subparagraph 2 ems to the left.
SEC. 10747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence community;
or
(B) provided by the intelligence service or military of a
foreign country to an element of the intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to
exchange intelligence to coordinate foreign intelligence
relationships, as established pursuant to law by the Director
of National Intelligence, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, or other head of an element of the intelligence
community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of the
Constitution;
(B) appointed to a position by an individual described in
subparagraph (A); or
(C) serving in the civil service or the Senior Executive
Service (or similar service for senior executives of
particular departments or agencies).
(b) Findings.--Congress finds that section 502 of the
National Security Act of 1947 (50 U.S.C. 3092) requires
elements of the intelligence community to keep the
congressional intelligence committees ``fully and currently
informed'' about all ``intelligence activities'' of the
United States, and to ``furnish to the congressional
intelligence committees any information or material
concerning intelligence activities * * * which is requested
by either of the congressional intelligence committees in
order to carry out its authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligates an element of the intelligence
community to submit to the congressional intelligence
committees written notification, by not later than 7 days
after becoming aware, that an individual in the executive
branch has disclosed covered classified information to an
official of an adversary foreign government using methods
other than established intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of classified
information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure was
made; and
(D) a summary of the circumstances of such disclosure.
SEC. 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.
It is the sense of the Congress that the Secretary of
State, in considering whether or not to provide a visa to a
foreign individual to be accredited to a United Nations
mission in the United States, should consider--
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United
States, foreign allies of the United States, or foreign
partners of the United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
SEC. 10749. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile
intelligence service often abetted by state actors and should
be treated as such a service by the United States.
______
SA 765. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 360. STUDY ON FEASIBILITY OF INCLUDING ANALYTICAL MODEL
OF WIND TURBINES INTO EXISTING CLEARINGHOUSE
PROCESS.
(a) Study.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Transportation and the heads of such
other Federal agencies as the Secretary of Defense considers
appropriate, shall conduct a study on the feasibility of
including an analytical model of wind turbines into the
existing clearinghouse process of the Department of Defense.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An analysis of the following:
(i) The height and blade dimension of wind turbine
structures, the energy generated by such structures, and
other factors relating to such structures as the Secretary of
Defense determines appropriate.
(ii) Topographical and environmental considerations
associated with the location of wind turbine projects.
(iii) The impact of individual wind turbine structures and
the combined impact of proposed and existing wind turbine
structures within a 50-mile radius of commercial or military
airfields or military training routes, including the amount
and pattern of turbulence from a single wind turbine
structure in a horizontal and vertical direction.
(iv) The proximity of wind turbine structures to general
aviation, commercial or military training routes,
installations of the Department of Defense, and special use
airspace.
(v) The impact of wind turbine structure operation,
individually or collectively, on--
(I) approach and departure corridors;
(II) established military training routes;
(III) radar for the National Weather Service;
[[Page S4094]]
(IV) radar for air traffic control;
(V) instrumented landing systems; and
(VI) other factors, as determined by the Administrator of
the Federal Aviation Administration and the Secretary of
Defense.
(B) An assessment of whether including an analytical model
of wind turbines into the existing clearinghouse process of
the Department of Defense is practical, necessary, or cost-
beneficial as compared to the current process of the
Department.
(b) Report.--Not later than July 31, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
results of the study conducted under subsection (a).
______
SA 766. Ms. BALDWIN submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VIII, add the following:
Subtitle G--Made in America Shipbuilding
SEC. 871. SHORT TITLE.
This subtitle may be cited as the ``Made in America
Shipbuilding Act of 2019''.
SEC. 872. DOMESTIC SHIPBUILDING REQUIREMENT.
(a) In General.--The head of an executive agency may not
enter into a contract related to the acquisition,
construction, or conversion of a vessel unless the vessel is
to be constructed or converted in the United States.
(b) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given the term in
section 133 of title 41, United States Code.
SEC. 873. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD
COMPONENTS.
(a) In General.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Domestic sourcing requirement for shipboard
components
``(a) Requirement for United States Manufacture.--
``(1) Limitation on procurements.--The head of an executive
agency may procure any of the following components for
vessels only if the items are manufactured in the United
States:
``(A) In general.--The following components for vessels:
``(i) Air circuit breakers.
``(ii) Welded shipboard anchor and mooring chain with a
diameter of four inches or less.
``(iii) Auxiliary equipment, including pumps, for all
shipboard services.
``(iv) Propulsion system components (engines, reduction
gears, and propellers).
``(v) Shipboard cranes.
``(vi) Spreaders for shipboard cranes.
``(vii) Capstans.
``(viii) Winches.
``(ix) Hoists.
``(x) Outboard motors.
``(xi) Windlasses.
``(B) Other components.--The following components of
vessels, to the extent they are unique to marine
applications: gyrocompasses, electronic navigation chart
systems, steering controls, pumps, propulsion and machinery
control systems, and totally enclosed lifeboats.
``(C) Valves and machine tools.--Items in the following
categories:
``(i) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping for naval surface ships
and submarines.
``(ii) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
``(2) Applicability to certain items.--Paragraph (1) does
not apply to a procurement of spare or repair parts needed to
support components for vessels produced or manufactured
outside the United States.
``(3) Waiver authority.--The head of an executive agency
may waive the limitation in paragraph (1) with respect to the
procurement of an item listed in that paragraph if the head
of the agency determines that any of the following apply:
``(A) Application of the limitation would increase the cost
of the overall acquisition by more than 25 percent or cause
unreasonable delays to be incurred.
``(B) Satisfactory quality items manufactured by a domestic
entity are not available or domestic production of such items
cannot be initiated without significantly delaying the
project for which the item is to be acquired.
``(C) Application of the limitation would result in the
existence of only one domestic source for the item.
``(D) Application of the limitation is not in the national
security interests of the United States.
``(4) Implementation of waiver authority.--
``(A) Non-delegation of authority.--The head of an agency
may not delegate the waiver authority under paragraph (3).
``(B) Publication.--Not later than 30 days after exercising
the waiver authority under paragraph (3), the head of the
agency shall publish in an easily identifiable location on
the website of the agency information regarding the waiver,
including a detailed justification for the waiver.
``(5) Annual report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has used a waiver described in this section in the fiscal
year shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report on the total amount of waivers used
and detailed information regarding and justification for the
waiver.
``(b) Components Containing Specialty Metals.--
``(1) Limitation on procurements.--The head of an executive
agency may not enter into a contract for the procurement of
end items or components for ships that contain a specialty
metal not melted or produced in the United States.
``(2) Availability exception.--
``(A) In general.--Paragraph (1) does not apply to the
extent that the head of an executive agency determines that
compliant specialty metal of satisfactory quality and
sufficient quantity, and in the required form, cannot be
procured as and when needed. For purposes of the preceding
sentence, the term `compliant specialty metal' means
specialty metal melted or produced in the United States.
``(B) Applicability.--This paragraph applies to prime
contracts and subcontracts at any tier under such contracts.
``(3) Exception for certain acquisitions.--Paragraph (1)
does not apply to the following:
``(A) Acquisitions outside the United States in support of
combat operations or in support of contingency operations.
``(B) Acquisitions for which the use of procedures other
than competitive procedures has been approved on the basis of
section 3304(c) of this title, relating to unusual and
compelling urgency of need.
``(4) Exception relating to agreements with foreign
governments.--Paragraph (1) does not preclude the acquisition
of a specialty metal if--
``(A) the acquisition is necessary--
``(i) to comply with agreements with foreign governments
requiring the United States to purchase supplies from foreign
sources for the purposes of offsetting sales made by the
United States Government or United States firms under
approved programs serving defense requirements; or
``(ii) in furtherance of agreements with foreign
governments in which both such governments agree to remove
barriers to purchases of supplies produced in the other
country or services performed by sources of the other
country; and
``(B) any such agreement with a foreign government
complies, where applicable, with the requirements of section
36 of the Arms Export Control Act (22 U.S.C. 2776) and with
section 2457 of title 10.
``(5) Exception for small purchases.--Paragraph (1) does
not apply to acquisitions in amounts not greater than the
simplified acquisition threshold referred to in section 134
of this title.
``(6) Exception for purchases of electronic components.--
Paragraph (1) does not apply to acquisitions of electronic
components, unless the head of the agency, with the
concurrence of the Secretary of Defense and upon the
recommendation of the Strategic Materials Protection Board
pursuant to section 187 of title 10, determines that the
domestic availability of a particular electronic component is
critical to national security.
``(7) Applicability to acquisitions of commercial items.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), this section applies to acquisitions of commercial
items, notwithstanding sections 1906 and 1907 of this title.
``(B) Exceptions.--This section does not apply to contracts
or subcontracts for the acquisition of commercially available
off-the-shelf items, as defined in section 104 of this title,
other than--
``(i) contracts or subcontracts for the acquisition of
specialty metals, including mill products, such as bar,
billet, slab, wire, plate and sheet, that have not been
incorporated into end items, subsystems, assemblies, or
components;
``(ii) contracts or subcontracts for the acquisition of
forgings or castings of specialty metals, unless such
forgings or castings are incorporated into commercially
available off-the-shelf end items, subsystems, or assemblies;
``(iii) contracts or subcontracts for commercially
available high performance magnets unless such high
performance magnets are incorporated into commercially
available off-the-shelf end items or subsystems; and
``(iv) contracts or subcontracts for commercially available
off-the-shelf fasteners, unless such fasteners are--
``(I) incorporated into commercially available off-the-
shelf end items, subsystems, assemblies, or components; or
``(II) purchased as provided in subparagraph (C).
``(C) Inapplicability to certain fasteners.--This
subsection does not apply to fasteners that are commercial
items that are purchased under a contract or subcontract with
a manufacturer of such fasteners, if the manufacturer has
certified that it will purchase, during the relevant calendar
year, an amount of domestically melted specialty
[[Page S4095]]
metal, in the required form, for use in the production of
such fasteners for sale to executive agencies and other
customers, that is not less than 50 percent of the total
amount of the specialty metal that it will purchase to carry
out the production of such fasteners.
``(8) Exceptions for purchases of specialty metals below
minimum threshold.--
``(A) In general.--Notwithstanding paragraph (1), the head
of an executive agency may accept delivery of an item
containing specialty metals that were not melted in the
United States if the total amount of noncompliant specialty
metals in the item does not exceed 2 percent of the total
weight of specialty metals in the item.
``(B) Exception.--This paragraph does not apply to high
performance magnets.
``(9) Streamlined compliance for commercial derivative
military articles.--
``(A) In general.--Paragraph (1) shall not apply to an item
acquired under a prime contract if the head of an executive
agency determines that--
``(i) the item is a commercial derivative military article;
and
``(ii) the contractor certifies that the contractor and its
subcontractors have entered into a contractual agreement, or
agreements, to purchase an amount of domestically melted
specialty metal in the required form, for use during the
period of contract performance in the production of the
commercial derivative military article and the related
commercial article, that is not less than the greater of--
``(I) an amount equivalent to 120 percent of the amount of
specialty metal that is required to carry out the production
of the commercial derivative military article (including the
work performed under each subcontract); or
``(II) an amount equivalent to 50 percent of the amount of
specialty metal that is purchased by the contractor and its
subcontractors for use during such period in the production
of the commercial derivative military article and the related
commercial article.
``(B) Determination of amount of specialty metal
required.--For the purposes of this paragraph, the amount of
specialty metal that is required to carry out the production
of the commercial derivative military article includes
specialty metal contained in any item, including commercially
available off-the-shelf items, incorporated into such
commercial derivative military article.
``(10) National security waiver.--
``(A) In general.--Notwithstanding paragraph (1), the head
of an executive agency may accept the delivery of an end item
containing noncompliant materials if the head of the
executive agency determines in writing that acceptance of
such end item is necessary to the national security interests
of the United States.
``(B) Requirements.--A written determination under
subparagraph (A)--
``(i) shall specify the quantity of end items to which the
waiver applies and the time period over which the waiver
applies; and
``(ii) shall be provided to Congress prior to making such a
determination (except that in the case of an urgent national
security requirement, such certification may be provided to
Congress up to 7 days after it is made).
``(C) Knowing or willful noncompliance.--
``(i) Determination.--In any case in which the head of an
executive agency makes a determination under subparagraph
(A), the head of the executive agency shall determine whether
or not the noncompliance was knowing and willful.
``(ii) Not knowing or willful noncompliance.--If the head
of the executive agency determines that the noncompliance was
not knowing or willful, the head of the executive agency
shall ensure that the contractor or subcontractor responsible
for the noncompliance develops and implements an effective
plan to ensure future compliance.
``(iii) Knowing or willful noncompliance.--If the head of
the executive agency determines that the noncompliance was
knowing or willful, the head of the executive agency shall--
``(I) require the development and implementation of a plan
to ensure future compliance; and
``(II) consider suspending or debarring the contractor or
subcontractor until such time as the contractor or
subcontractor has effectively addressed the issues that lead
to such noncompliance.
``(11) Specialty metal defined.--In this subsection, the
term `specialty metal' means any of the following:
``(A) Steel--
``(i) with a maximum alloy content exceeding one or more of
the following limits: manganese, 1.65 percent; silicon, 0.60
percent; or copper, 0.60 percent; or
``(ii) containing more than 0.25 percent of any of the
following elements: aluminum, chromium, cobalt, columbium,
molybdenum, nickel, titanium, tungsten, or vanadium.
``(B) Metal alloys consisting of nickel, iron-nickel, and
cobalt base alloys containing a total of other alloying
metals (except iron) in excess of 10 percent.
``(C) Titanium and titanium alloys.
``(D) Zirconium and zirconium base alloys.
``(12) Additional definitions.--In this subsection:
``(A) The term `United States' includes possessions of the
United States.
``(B) The term `component' has the meaning provided in
section 105 of this title.
``(C) The term `acquisition' has the meaning provided in
section 131 of this title.
``(D) The term `required form'--
``(i) shall not apply to end items or to their components
at any tier; and
``(ii) means in the form of mill product, such as bar,
billet, wire, slab, plate or sheet, and in the grade
appropriate for the production of--
``(I) a finished end item delivered to the executive
agency; or
``(II) a finished component assembled into an end item
delivered to the executive agency.
``(E) The term `commercially available off-the-shelf' has
the meaning provided in section 104 of this title.
``(F) The term `assemblies' means items forming a portion
of a system or subsystem that can be provisioned and replaced
as an entity and which incorporates multiple, replaceable
parts.
``(G) The term `commercial derivative military article'
means an item procured by the Department of Defense that is
or will be produced using the same production facilities, a
common supply chain, and the same or similar production
processes that are used for the production of articles
predominantly used by the general public or by
nongovernmental entities for purposes other than governmental
purposes.
``(H) The term `subsystem' means a functional grouping of
items that combine to perform a major function within an end
item, such as electrical power, attitude control, and
propulsion.
``(I) The term `end item' means the final production
product when assembled or completed, and ready for issue,
delivery, or deployment.
``(J) The term `subcontract' includes a subcontract at any
tier.
``(c) Use of United States Steel, Iron, Aluminum, and
Manufactured Products.--
``(1) In general.--The head of an executive agency may not
enter into a contract related to the construction of a vessel
unless the steel, iron, aluminum, and manufactured products
to be used in the construction of the vessel are produced in
the United States.
``(2) Exceptions.--The provisions of paragraph (1) shall
not apply where the head of an executive agency finds--
``(A) that their application would be inconsistent with the
public interest;
``(B) that such materials and products are not produced in
the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(C) that inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
``(3) Implementation of exceptions.--
``(A) Non-delegation of authority.--The head of an agency
may not delegate the authority to make a finding described in
paragraph (2).
``(B) Publication.--Not later than 30 days after making a
finding described in paragraph (2), the head of the agency
shall publish in an easily identifiable location on the
website of the agency information regarding the finding,
including a detailed justification for the exception.
``(4) Annual report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has made an exception finding described in paragraph (2) in
the fiscal year shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the total amount of exceptions
used and detailed information regarding and justification for
the exceptions.
``(5) Calculation of component cost.--For purposes of this
subsection, in calculating components' costs, labor costs
involved in final assembly shall not be included in the
calculation.
``(6) Intentional violations.--If it has been determined by
a court or Federal agency that any person intentionally--
``(A) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product used in projects to which this section applies, sold
in or shipped to the United States that was not made in the
United States; or
``(B) represented that any product used in projects to
which this section applies, sold in or shipped to the United
States that was not produced in the United States, was
produced in the United States;
that person shall be debarred from contracting with the
Federal Government for a period of not less than 5 years.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 4713 the following new item:
``4714. Domestic sourcing requirement for shipboard components.''.
SEC. 874. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF
DEFENSE PROVISIONS.
(a) Use of United States Steel, Iron, Aluminum, and
Manufactured Products.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339b. Use of United States steel, iron, aluminum, and
manufactured products in shipbuilding
``(a) In General.--The head of an agency may not enter into
a contract related to the construction of a vessel unless the
steel, iron, aluminum, and manufactured products
[[Page S4096]]
to be used in the construction of the vessel are produced in
the United States.
``(b) Exceptions.--The provisions of subsection (a) shall
not apply where the head of the agency finds--
``(1) that their application would be inconsistent with the
public interest;
``(2) that such materials and products are not produced in
the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
``(3) that inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.
``(c) Implementation of Exceptions.--
``(1) Non-delegation of authority.--The head of an agency
may not delegate the authority to make a finding described in
subsection (b).
``(2) Publication.--Not later than 30 days after making a
finding described in subsection (b), the head of the agency
shall publish in an easily identifiable location on the
website of the agency information regarding the finding,
including a detailed justification for the exception.
``(d) Annual Report.--Not later than 180 days after the end
of each fiscal year, the head of each executive agency that
has made an exception finding described in subsection (b) in
the fiscal year shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the total amount of exceptions used and detailed
information regarding and justification for the exceptions.
``(e) Calculation of Component Cost.--For purposes of this
section, in calculating components' costs, labor costs
involved in final assembly shall not be included in the
calculation.
``(f) Intentional Violations.--If it has been determined by
a court or Federal agency that any person intentionally--
``(1) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
product used in projects to which this section applies, sold
in or shipped to the United States that was not made in the
United States; or
``(2) represented that any product used in projects to
which this section applies, sold in or shipped to the United
States that was not produced in the United States, was
produced in the United States;
that person shall be debarred from contracting with the
Federal Government for a period of not less than 5 years.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding after the item
relating to section 2339a the following new item:
``2339b. Use of United States steel, iron, aluminum, and manufactured
products in shipbuilding.''.
(b) Miscellaneous Limitations on the Procurement of Goods
Other Than United States Goods.--
(1) In general.--Section 2534(a)(3)(A) of title 10, United
States Code, is amended by adding at the end the following
new clauses:
``(iv) Auxiliary equipment, including pumps, for all
shipboard services.
``(v) Propulsion system components (engines, reduction
gears, and propellers).
``(vi) Shipboard cranes.
``(vii) Spreaders for shipboard cranes.
``(viii) Capstans.
``(ix) Winches.
``(x) Hoists.
``(xi) Outboard motors.
``(xii) Windlasses.''.
(2) Applicability of previously sunsetted provisions.--
Subsection (c)(2)(C) of section 2534 of title 10, United
States Code, is amended by striking ``shall cease to be
effective on October 1, 1996'' and inserting ``shall be in
effect during--
``(i) the period beginning on the date of the enactment of
this paragraph and ending on October 1, 1996; and
``(ii) the period beginning on the date of the enactment of
the Made in America Shipbuilding Act of 2019.''.
SEC. 875. APPLICABILITY.
The requirements under this subtitle and the amendments
made by this subtitle--
(1) apply to contracts entered into on or after the date of
the enactment of this Act; and
(2) do not apply to--
(A) contracts entered into before the date of the enactment
of this Act; or
(B) options included as part of such contracts as of such
date of enactment.
______
SA 767. Ms. BALDWIN submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. __. SBIR AND STTR PILOT PROGRAM FOR UNDERPERFORMING
STATES.
Section 9 of the Small Business Act (15 U.S.C. 638) is
amended by adding at the end the following:
``(vv) Department of Defense Pilot Program for
Underperforming States.--
``(1) Definitions.--In this section:
``(A) Department.--The term `Department' means the
Department of Defense.
``(B) Underperforming state.--The term `underperforming
State' means any State participating in the SBIR or STTR
program that is in the bottom 68 percent of all States
historically receiving SBIR or STTR program funding.
``(2) Establishment.--The Secretary of Defense shall
establish a pilot program to provide small business concerns
located in underperforming States an increased level of
assistance under the SBIR and STTR programs of the
Department.
``(3) Activities.--Under the pilot program, the Department,
and any component agency thereof, may--
``(A) in any case in which the Department seeks to make a
Phase II SBIR or STTR award to a small business concern
located in an underperforming State based on the results of a
Phase I award made to the small business concern by another
agency, establish a streamlined transfer and fast track
approval process for that Phase II award;
``(B) provide not more than 4 Phase II SBIR or STTR awards
to a small business concern located in an underperforming
State that received a single Phase I SBIR or STTR award;
``(C) allocate additional amounts to make awards under the
SBIR and STTR programs of the Department to small business
concerns located in underperforming States; and
``(D) establish a program to make Phase 1.5 SBIR or STTR
awards to small business concerns located in underperforming
States in order to provide funding for 12 to 24 months to
continue the development of technology; and
``(E) carry out subparagraph (D) along with other
mentorship programs, including the Regional SBIR State
Collaborative Initiative Pilot Program.
``(4) Duration.--The pilot program established under this
subsection shall terminate 5 years after the date on which
the pilot program is established.
``(5) Report.--The Department shall submit to Congress an
annual report on the status of the pilot program established
under this subsection, including the improvement in funding
under the SBIR and STTR programs of the Department provided
to small business concerns located in underperforming
States.''.
______
SA 768. Mrs. FISCHER submitted an amendment intended to be proposed
by her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. SENSE OF CONGRESS ON OPERATIONAL NEEDS OF THE AIR
FORCE.
It is the sense of Congress that the Air Force requires a
minimum of 386 operational squadrons to meet the requirements
of the National Defense Strategy.
______
SA 769. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In subsection (c) of section 2912 of title 10, United
States Code, as added by section 311(4), insert ``, to
include the implementation of technologies that convert
natural gas into tactical fuels,'' after ``energy security''.
______
SA 770. Mr. YOUNG submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B, of title II, add the following:
SEC.___. PLAN ON HYPERSONIC RESEARCH AND DEVELOPMENT.
The Committee remains concerned that more attention needs
to be focused on the advancement of fundamental hypersonic
science and technology research & development. To address
these needs, the Committee believes the Defense Department
should increase its efforts with the university research
community, which has substantial capabilities in the
technologies essential to further hypersonic developments.
Therefore, the Committee directs the Department to deliver
a plan to the congressional defense committees 1 year after
enactment of this legislation that: (1) identifies high
priority research efforts, (2) identifies organizations
designated to fund university hypersonic research, (3)
describes a plan for partnerships with universities including
establishing a consortium of willing participants, (4)
develops a strategy for workforce development, acquisition
program oversight, and basic research focus area and (5)
provides
[[Page S4097]]
options for university experts to work in Department labs and
test centers on hypersonics.
______
SA 771. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title I, add the following:
SEC. 155. INCREASED FUNDING FOR ISRAELI MISSILE DEFENSE.
(a) Increased Funding.--The amount authorized to be
appropriated by section 101 is hereby increased by
$100,000,000, with the amount of the increase to be available
for Procurement, Defense-wide as specified in the funding
table in section 4101 as follows: $50,000,000 for Arrow 3
Upper Tier Systems and $50,000,000 for Iron Dome.
(b) Offsets.--The amount authorized to be appropriated by
section 103 is hereby reduced by $100,000,000, with the
amount of the reduction to be allocated in the funding table
in section 4301 as follows:
(1) $30,000,000 from Operation and Maintenance, Army, as
follows:
(A) $20,000,000 from Recruiting and Advertising.
(B) $10,000,000 from Administration.
(2) $31,000,000 from Operation and Maintenance, Navy, as
follows:
(A) $4,000,000 from Recruiting and Advertising.
(B) 27,000,000 from Administration.
(3) $13,000,000 from Operation and Maintenance, Marine
Corps, as follows:
(A) $5,000,000 from Recruiting and Advertising.
(B) $8,000,000 from Administration.
(4) $24,500,000 from Operation and Maintenance, Air Force,
as follows:
(A) $4,000,000 from Recruiting and Advertising.
(B) $20,500,000 from Administration.
(5) $1,500,000 from Operation and Maintenance, Air Force
Reserve, from the amount allocated for Administration.
______
SA 772. Mr. YOUNG submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. PLAN ON ADVANCEMENT OF FUNDAMENTAL HYPERSONIC
SCIENCE AND TECHNOLOGY RESEARCH AND
DEVELOPMENT.
(a) Plan Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a plan to
advance fundamental hypersonic science and technology
research and development.
(b) Elements.--The plan submitted under subsection (a)
shall include the following:
(1) Identification of high priority research efforts of the
Department of Defense.
(2) Identification of organizations designated to fund
university hypersonic research.
(3) A plan for partnerships with universities on matters
relating to the advancement of fundamental hypersonic science
and technology research and development, including by
establishing a consortium of willing participants.
(4) Development of a strategy for workforce development,
acquisition program oversight, and basic research focus
areas.
(5) Options for university experts to work in Department
labs and test centers on hypersonics.
______
SA 773. Mr. PERDUE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. REQUIREMENT TO USE MODELS OF COMMERCIAL E-COMMERCE
PORTAL PROGRAM.
(a) In General.--Before the award of a final contract to a
commercial e-commerce portal provider pursuant to section 846
of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 41 U.S.C. 1901 note), the
Administrator of General Services shall establish a five-year
program to test the three models for commercial e-commerce
portals identified in section 4.1 of ``Procurement Through
Commercial E-Commerce Portals Phase II Report: Market
Research & Consultation'' issued by the Administrator in
April 2019.
(b) Analysis.--The Administrator shall conduct an analysis
of the use of the three models described in subsection (a) to
determine which model is the most effective for procurement
through commercial e-commerce portals.
______
SA 774. Mr. PERDUE submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 811. LIMITATION ON COMMERCIAL PRODUCTS SOLD ON
COMMERCIAL E-COMMERCE PORTALS.
Section 846(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note)
is amended--
(1) in the subsection heading, by striking ``Information
on''; and
(2) by adding at the end the following new paragraph:
``(3) Limitation.--A commercial e-commerce portal provider
awarded a contract pursuant to subsection (a) may not sell a
commercial product manufactured or developed by such provider
(or a subsidiary of such provider) on the commercial e-
commerce portal of such provider.''.
______
SA 775. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. ___. LIMITATION ON AUTHORITY OF DIRECTOR OF DEFENSE
ADVANCED RESEARCH PROJECTS AGENCY TO GRANT
CERTAIN EXCLUSIVE RIGHTS RELATING TO CERTAIN
INVENTIONS UNLESS THEY CAN BE ASSEMBLED IN
UNITED STATES.
Section 2371a of title 10, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--Subject to subsection (b), the
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Limitation.--(1) The Director of the Defense Advanced
Research Projects Agency may not--
``(A) enter in cooperative research and development
agreements for performance of basic, applied, or advanced
research with any industrial organization or other person
subject to the control of a foreign company or government; or
``(B) grant any person or entity the exclusive right to
use, license, or sell any subject invention in the United
States resulting from the performance of basic, applied, or
advanced research unless such person or entity agrees that
any final assembly and substantial manufacturing of the
subject invention for use in the United States shall occur in
the United States.
``(2) The Secretary of Defense may, on a case by case
basis, waive the limitation in paragraph (1)(B) for the
granting of an exclusive right described in such paragraph to
a particular person or entity, if the Secretary, in
coordination with the heads of such other agencies as the
Secretary considers relevant, finds that--
``(A) reasonable but unsuccessful efforts have been made to
grant such right on similar terms to a person or entity that
would be likely to manufacture the subject invention
substantially in the United States; or
``(B) under the circumstances, domestic manufacture of the
subject invention is not commercially feasible.
``(3) Paragraph (1) shall not apply to any memorandum of
understanding (or other formal agreement) under section 2350a
of this title.
``(4) In this subsection, the term `subject invention' has
the meaning given such term in section 201 of title 35.''.
______
SA 776. Mr. PERDUE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title III, add the following:
[[Page S4098]]
SEC. 342. REPORT ON AMOUNTS AVAILABLE FOR CONTRACTED SHIP
MAINTENANCE.
(a) In General.--If amounts authorized to be appropriated
for fiscal year 2020 for the Navy for private contracted ship
maintenance are appropriated in the Other Procurement, Navy
account, not later than 30 days after the end of each fiscal
year, the Secretary of the Navy shall submit to the
congressional defense committees a report on contracted ship
maintenance conducted by the Secretary during such fiscal
year.
(b) Elements.--The report required under subsection (a)
shall include the following with respect to contracted ship
maintenance included in the report:
(1) The name and hull number of the ship.
(2) The date of contract award.
(3) The period of performance for the contract.
(4) The contract type.
(5) The amount of funding awarded for the contract at the
time of contract award.
(6) The maximum contract funding amount.
(7) The projected and actual dates and amounts of contract
funding obligations and expenditures.
(8) The name and location of the contractor performing the
maintenance.
(9) The scope of contracted work.
(10) A description of the effect on such maintenance
activity of funds described in subsection (a) remaining
available after September 30, 2020.
(11) A general assessment of and related recommendations
with respect to private contracted ship maintenance funds
remaining available for more than one year.
(12) Such other matters as the Secretary of the Navy
considers appropriate.
______
SA 777. Mr. LANKFORD (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. PROMOTING SECURITY AND JUSTICE FOR VICTIMS OF
TERRORISM.
(a) Facilitation of the Settlement of Terrorism-related
Claims of Nationals of the United States.--
(1) Comprehensive process to facilitate the resolution of
anti-terrorism act claims.--The Secretary of State, in
consultation with the Attorney General, shall, not later than
30 days after the date of enactment of this Act, develop and
initiate a comprehensive process for the Department of State
to facilitate the resolution and settlement of covered
claims.
(2) Elements of comprehensive process.--The comprehensive
process developed under paragraph (1) shall include, at a
minimum, the following:
(A) Not later than 45 days after the date of enactment of
this Act, the Department of State shall publish a notice in
the Federal Register identifying the method by which a
national of the United States, or a representative of a
national of the United States, who has a covered claim, may
contact the Department of State to give notice of the covered
claim.
(B) Not later than 120 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall meet (and make every effort to continue to
meet on a regular basis thereafter) with any national of the
United States, or a representative of a national of the
United States, who has a covered claim and has informed the
Department of State of the covered claim using the method
established pursuant to subparagraph (A) to discuss the
status of the covered claim, including the status of any
settlement discussions with the Palestinian Authority or the
Palestine Liberation Organization.
(C) Not later than 180 days after the date of enactment of
this Act, the Secretary of State, or a designee of the
Secretary, shall make every effort to meet (and make every
effort to continue to meet on a regular basis thereafter)
with representatives of the Palestinian Authority and the
Palestine Liberation Organization to discuss the covered
claims identified pursuant to paragraph (1) and potential
settlement of the covered claims.
(3) Report to congress.--The Secretary of State shall, not
later than 240 days after the date of enactment of this Act,
and annually thereafter for 5 years, submit to the Committee
on the Judiciary and the Committee on Foreign Relations of
the Senate and the Committee on the Judiciary and the
Committee on Foreign Affairs of the House of Representatives
a report describing activities that the Department of State
has undertaken to comply with this section, including
specific updates regarding subparagraphs (B) and (C) of
paragraph (2).
(4) Sense of congress.--It is the sense of Congress that--
(A) covered claims should be resolved in a manner that
provides just compensation to the victims;
(B) covered claims should be resolved and settled in favor
of the victim to the fullest extent possible and without
subjecting victims to unnecessary or protracted litigation;
(C) the United States Government should take all
practicable steps to facilitate the resolution and settlement
of all covered claims, including engaging directly with the
victims or their representatives and the Palestinian
Authority and the Palestine Liberation Organization; and
(D) the United States Government should strongly urge the
Palestinian Authority and the Palestine Liberation
Organization to commit to good-faith negotiations to resolve
and settle all covered claims.
(5) Definition.--In this subsection, the term ``covered
claim'' means any pending action by, or final judgment in
favor of, a national of the United States, or any action by a
national of the United States dismissed for lack of personal
jurisdiction, under section 2333 of title 18, United States
Code, against the Palestinian Authority or the Palestine
Liberation Organization.
(b) Jurisdictional Amendments to Facilitate Resolution of
Terrorism-related Claims of Nationals of the United States.--
(1) In general.--Section 2334(e) of title 18, United States
Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``after
the date that is 120 days after the date of enactment of this
subsection, accepts'' and inserting ``after January 31, 2019,
and except as provided in paragraph (3), enters into a new
contract, grant, or other agreement, or expands the scope of
or extends in any way an existing contract, grant, or other
agreement, with the United States Government that
obligates'';
(II) in clause (i), by adding ``or'' at the end;
(III) by striking clause (ii); and
(IV) by redesignating clause (iii) as clause (ii); and
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) after 15 days after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2020--
``(I) continues to maintain any office, headquarters,
premises, or other facilities or establishments in the United
States;
``(II) establishes or procures any office, headquarters,
premises, or other facilities or establishments in the United
States; or
``(III) conducts any activity while physically present in
the United States on behalf of the Palestine Liberation
Organization or the Palestinian Authority;
``(ii)(I) after 120 days after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2020, has
not submitted a notice of withdrawal from all specialized
agencies of the United Nations of which the defendant has the
same standing as a member state in the United Nations or any
specialized agency thereof outside an agreement negotiated
between Israel and the Palestinians; or
``(II) after 2 years after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2020, has
the same standing as a member state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
``(iii) after the date of enactment of this clause, makes,
renews, promotes, or advances any application in order to
obtain the same standing as a member state in the United
Nations or any specialized agency thereof, or accepts such
standing, outside an agreement negotiated between Israel and
the Palestinians.''; and
(B) by adding at the end the following:
``(3) Exception for certain payments and assistance.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(A), no
court may consider any payment or assistance described in
section 1004(b)(1) of the Taylor Force Act (22 U.S.C. 2378c-
1(b)(1)).
``(4) Exception for certain activities and locations.--In
determining whether a defendant shall be deemed to have
consented to personal jurisdiction under paragraph (1)(B), no
court may consider--
``(A) any office, headquarters, premises, or other facility
or establishment used exclusively for the purpose of
conducting official business of the United Nations;
``(B) any activity undertaken exclusively for the purpose
of conducting official business of the United Nations;
``(C) any activity involving officials of the United States
that the Secretary of State determines is in the national
security interest of the United States if the Secretary
reports to the appropriate congressional committees annually
on the use of the authority under this subparagraph;
``(D) any activity undertaken exclusively for the purpose
of meetings with officials of the United States or
participation in training and related activities funded or
arranged by the United States Government; or
``(E) any activity related to legal representation--
``(i) for matters related to activities described in this
paragraph;
``(ii) for the purpose of adjudicating or resolving claims
filed in courts of the United States; or
``(iii) to comply with this subsection.
``(5) Suspension.--
``(A) In general.--In determining whether a defendant shall
be deemed to have consented to personal jurisdiction under
this subsection, no court may consider assistance under
paragraph (1)(A) if such assistance is obligated under any
new contract, grant, or other agreement, or expansion of the
scope
[[Page S4099]]
of or extension of an existing contract, grant, or other
agreement with the United States Government during a period
in which the Secretary of State, in consultation with the
Attorney General, certifies in writing to the President pro
tempore of the Senate and Speaker of the House of
Representatives that--
``(i) all covered claims have been resolved and settled, or
are proceeding toward settlement because the defendant is
actively engaged in settlement discussions with victims who
have covered claims; and
``(ii) any claims similar to those described in section
[__] National Defense Authorization Act for Fiscal Year 2020
and that have been filed after the date of enactment of this
paragraph are proceeding toward settlement because the
defendant is actively engaged in settlement discussions with
victims who have such claims.
``(B) Recertification.--A certification under this
paragraph may be made for renewable periods of up to 1 year.
``(6) Rule of construction.--Notwithstanding any other law
(including any treaty), any office, headquarters, premises,
or other facility or establishment within the territory of
the United States that is not specifically exempted by
paragraph (4)(A) shall be considered to be in the United
States for purposes of subclauses (I) and (II) of paragraph
(1)(B)(i).
``(7) Sunset.--Paragraph (1)(A) shall terminate on the date
on which the Secretary of State, in consultation with the
Attorney General, certifies in writing to the President pro
tempore of the Senate and Speaker of the House of
Representatives that--
``(A) all covered claims have been resolved and settled in
a manner that is satisfactory to the parties; and
``(B) on or after the 2-year period beginning on the date
of enactment of this paragraph, there are no similar claims
under section 2333 against a defendant that--
``(i) were filed on or after the date of enactment of this
paragraph; and
``(ii) that are pending.
``(8) Definitions.--In this subsection--
``(A) the term `covered claim' has the meaning given the
term in section [__] National Defense Authorization Act for
Fiscal Year 2020; and
``(B) term `defendant' means--
``(i) the Palestinian Authority;
``(ii) the Palestine Liberation Organization;
``(iii) any organization or other entity that is a
successor to or affiliated with the Palestinian Authority or
the Palestine Liberation Organization; or
``(iv) any organization or other entity--
``(I) identified in clause (i), (ii), or (iii); and
``(II) that self-identifies as, holds itself out to be, or
carries out conduct in the name of, the `State of Palestine'
or `Palestine' in connection with official business of the
United Nations.''.
(2) Prior consent not abrogated.--The amendments made by
this subsection shall not abrogate any consent deemed to have
been given under section 2334(e) of title 18, United States
Code, as in effect on the day before the date of enactment of
this Act.
______
SA 778. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 764 submitted by Mr. Inhofe and intended to be proposed
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII of the amendment,
add the following:
SEC. 811. REPORT ON CONTRACTOR DENIAL OF COST OR PRICING DATA
REQUESTS.
(a) In General.--Not later than December 31, 2020, and
annually thereafter, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to Congress a report
on contractor denials of requests by contracting officers for
cost or pricing data.
(b) Elements.--The report required under subsection (a)
shall include a summary of each individual case in which a
contracting officer was denied requested uncertified cost or
pricing data, including the following information:
(1) The name of the offeror or contractor.
(2) The Commercial and Government entity code.
(3) The part number and National Stock Number (NSN).
(4) The number of requests that the contracting officer
made to the offeror or contractor for uncertified cost or
pricing data.
(5) The number of denials that the contracting officer
received from the offeror or contractor regarding its
submission of uncertified cost or pricing data.
(6) A description of the reason provided by the contractor
for denial.
(7) Documentation in accordance with section 215.404-
1(a)(i)(A)(v) of the Defense Federal Acquisition Regulation.
______
SA 779. Ms. McSALLY submitted an amendment intended to be proposed by
her to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. 1086. SENSE OF CONGRESS REGARDING INCLUSION UNDER THE
RADIATION EXPOSURE COMPENSATION ACT.
It is the sense of Congress that the United States should
compensate and recognize all of the workers, downwinders, and
others suffering from the effects of exposure to atmospheric
nuclear testing carried out during the Cold War. To that end,
it is also the sense of Congress that section 4(b)(1)(C) of
the Radiation Exposure Compensation Act (42 U.S.C. 2210 note;
Public Law 101-426) should be amended by inserting ``all
acreage in any county all or part of which is located in''
before ``that part''.
______
SA 780. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 324. AGREEMENTS TO SHARE MONITORING DATA RELATING TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
AND OTHER CONTAMINANTS OF CONCERN.
(a) In General.--The Secretary of Defense shall enter into
agreements with municipalities or municipal drinking water
utilities located adjacent to military installations that are
interested in entering into an agreement with the Secretary
to share monitoring data relating to perfluoroalkyl
substances, polyfluoroalkyl substances, and other emerging
contaminants of concern collected at the military
installation.
(b) Military Installation Defined.--In this section, the
term ``military installation'' has the meaning given that
term in section 2801(c) of title 10, United States Code.
______
SA 781. Mr. KING (for himself, Mr. Menendez, and Mrs. Gillibrand)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. RESTRICTIONS ON EXPORT OF SURVEILLANCE TECHNOLOGY
AND RELATED SERVICES.
(a) Requirement for a License to Export Services Relating
to Biometric Information Systems.--
(1) In general.--Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
shall require a license for the export of any training,
advice, or installation, integration, support, or other
services, related to a system--
(A) designed to identify, or verify the identity of, an
individual using biometric information; or
(B) used to collect, store, search, or operate on biometric
information.
(2) List required.--Not later than one year after the date
of the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a list of all licenses granted pursuant to
paragraph (1) during the year preceding the submission of the
report.
(b) Restriction on Export of Surveillance Technology to
China.--Digital surveillance equipment, technology, or
services may not be exported to the People's Republic of
China unless, not less than 15 days before the export to the
People's Republic of China of any such equipment, technology,
or service, the President determines and certifies to the
appropriate congressional committees that--
(1) the export of the equipment, technology, or service is
not detrimental to United States industry;
(2) the export of the equipment, technology, or service,
including any indirect benefit that could be derived from the
export of the equipment, service, or technology, will not
measurably improve the digital surveillance capabilities of
the Government of the People's Republic of China; and
(3) the export of the equipment, technology, or service
does not negatively affect the security of the United States.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
[[Page S4100]]
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, and the Select Committee on Intelligence of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Energy and Commerce, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 1263. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
is amended by inserting after section 14B (15 U.S.C. 78n-2)
the following:
``SEC. 14C. DISCLOSURES RELATING TO CONTRIBUTIONS TO
SURVEILLANCE CAPABILITIES OF PEOPLE'S REPUBLIC
OF CHINA.
``Not later than one year after the date of the enactment
of this section, the Commission shall issue final rules to
require each issuer, in the annual report of the issuer
submitted under section 13 or section 15(d) or in the annual
proxy statement of the issuer submitted under section 14(a)--
``(1) to certify that the issuer has not exported any
equipment, technology, or service that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China, including
through any indirect benefit that could be derived from the
export of the equipment, service, or technology;
``(2) to disclose whether the issuer has willingly or
unwillingly provided any training, advice, or installation,
integration, support, or other services, related to a
system--
``(A) designed to identify, or verify the identity of, an
individual using biometric information; or
``(B) used to collect, store, search, or operate on
biometric information; and
``(3) to include a strategy to assure that the issuer will
not willingly or unwillingly provided any training, advice or
installation, integration, support, or other services related
to a system described in paragraph (2) that could measurably
improve the digital surveillance capabilities of the
Government of the People's Republic of China.''.
______
SA 782. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1045. PROHIBITION ON OFFENSIVE COMBAT OPERATIONS AGAINST
IRAN WITHOUT EXPRESS DECLARATION OF WAR OR
AUTHORIZATION FOR USE OF MILITARY FORCE.
No funds authorized to be appropriated for the Department
of Defense by this Act may be used to conduct offensive
combat operations against the Islamic Republic of Iran except
pursuant to a declaration of war made after the date of the
enactment of this Act, or an authorization for use of
military force enacted after that date, that expressly
authorizes such combat operations.
______
SA 783. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title XII, add the following:
SEC. 12__. PROHIBITION ON SUPPORT OR MILITARY PARTICIPATION
AGAINST THE HOUTHIS IN YEMEN.
(a) Prohibition Relating to Support.--None of the funds
authorized to be appropriated by this Act may be made
available to provide United States support for Saudi-led or
United Arab Emirates-led coalition forces against the Houthis
in Yemen, including for any of the following:
(1) Intelligence sharing or logistical support activities
for coalition airstrikes.
(2) Maintenance and spare parts transfers to warplanes
engaged in anti-Houthi bombings.
(b) Prohibition Relating to Military Participation.--None
of the funds authorized to be appropriated by this Act may be
made available for any uniformed or non-uniformed member of
the United States Armed Forces to command, coordinate,
participate in the movement of, or accompany the regular or
irregular military forces of the Saudi-led and United Arab
Emirates-led coalition forces in hostilities against the
Houthis in Yemen or in situations in which there exists an
imminent threat that such coalition forces become engaged in
such hostilities, unless and until the President has obtained
specific statutory authorization, in accordance with section
8(a) of the War Powers Resolution (50 U.S.C. 1547(a)).
______
SA 784. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. PROHIBITION ON CONTRACTS WITH CONTRACTORS
COMPENSATING ANY EMPLOYEE AT A RATE HIGHER THAN
THE SECRETARY OF DEFENSE.
The Secretary of Defense may not enter into a contract for
the procurement of property or services with a contractor
that compensates any of its employees or officers more than
$210,700 per year.
______
SA 785. Mr. SANDERS submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VIII, add the following:
SEC. 811. OUTSOURCING PREVENTION.
(a) Short Title.--This section may be cited as the
``Defending American Jobs Act''.
(b) Eligibility for Contract Award.--The Secretary of
Defense may not enter into or renew a contract for the
procurement of property or services unless the contractor
certifies that, during the previous 5 years, the contractor
has not outsourced a domestic operation or, in the case of an
operation so outsourced, the contractor certifies that the
operation has moved back to the United States.
(c) Annual Certification.--Beginning on the date that is
one year after a contractor enters into a contract described
under subsection (b), and annually thereafter for the
duration of the contract, the contractor shall certify
whether it has outsourced a domestic operation since entering
into the contract.
(d) Outsourcing Defined.--In this section, the term
``outsourcing'', with respect to a domestic operation, means
a plant closing or mass layoff (as described in section 2(a)
of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2101(a)) in which the employment loss (excluding any
part-time employees) for positions which will be moved to a
country outside of the United States exceeds 50 employees.
______
SA 786. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 569. PILOT PROGRAM ON ONLINE APPLICATIONS FOR ASSISTANCE
UNDER THE TRANSITION ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Defense, the Secretary
of Veterans Affairs, and the Secretary of Labor shall jointly
carry out a pilot program to establish a one-stop source for
online applications for purposes of assisting members of the
Armed Forces and veterans who are participating in the
Transition Assistance Program (in this section referred to as
``TAP'').
(b) Data Sources.--The online applications shall, in part,
aggregate existing data from government resources and the
private sector under one Uniform Resource Locator (URL) for
the purpose of assisting members of the Armed Forces and
veterans participating in TAP.
(c) Elements for Veterans and Members of the Armed
Forces.--
(1) The online applications shall be available as an
application for mobile devices (including smartphones and
tablets), with responsive design, updated no less than once
per year, and downloadable from the two online application
stores most commonly used in the United States.
(2) The version of the online applications accessible
through a desktop or laptop computer shall be compatible with
the most current versions of popular web browsers identified
by the Secretaries.
(3) The online applications shall by accessible to
individuals with disabilities in accordance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
[[Page S4101]]
(4) The online applications shall generate, for each
individual who uses the applications, a personalized
transition data dashboard that includes the following
information with regards to the locale in which the
individual resides or intends to reside after separation from
the Armed Forces:
(A) A current list of employment opportunities collected
from employers.
(B) A current list of educational institutions.
(C) A current list of facilities of the Department of
Veterans Affairs.
(D) A current list of local veterans service organizations.
(5) The dashboard under paragraph (4) shall include a list
of benefits for which an individual as a veteran or separated
member of the Armed Forces is eligible under the laws
administered by the Secretaries, including educational
assistance benefits.
(6) The dashboard under paragraph (4) shall keep track of
the time remaining before the expiration of the following:
(A) Any civilian career certification waiver based on the
military occupational specialty of the individual.
(B) Any active security clearance of the individual.
(7) The online applications shall, to the extent
practicable, match all current military occupational
specialties, cross-referenced by grade, to current industries
and jobs.
(8) The online applications shall permit an individual to
search jobs described in paragraph (4)(A) that match jobs
described in paragraph (7).
(9) The online applications shall alert individuals of new
job opportunities relevant to the individual, based on
military occupational specialty, interest, and search
criteria used by the individual under paragraph (8).
(10) The online applications shall permit an individual to
maintain a history of job searches and submitted job
applications.
(11) The online applications shall include a resume
generator that is compliant with industry-standard applicant
tracking systems.
(12) The online applications shall provide for career
training through the use of learning management software,
including training courses with a minimum of 100 soft skills
and business courses.
(13) The online applications shall include a career
mentorship system, allowing individuals to communicate
through text, chat, video calling, and email, with mentors
who can use the online applications to track the jobs mentees
have applied for, the training mentees have undertaken, and
any other appropriate mentorship matters.
(d) Elements for Employers.--
(1) The online applications shall include a mechanism (to
be known as a ``military skills translator'') with which
employers may identify military occupational specialties that
align with jobs offered by the employers.
(2) The online applications shall include a mechanism with
which employers may search for individuals seeking
employment, based criteria including military occupational
specialty, grade, education, civilian career category, and
location.
(3) The online applications shall provide online training
for employers regarding what military occupational
specialties relate to what jobs.
(e) Additional Requirements.--
(1) Cybersecurity.--To ensure the information of
individuals and employers is protected from breaches, the
Secretaries shall implement cybersecurity measures for the
online applications. These measures shall include the
following:
(A) A security certificate produced by the online
applications l that is updated each year of the pilot
program.
(B) The online applications shall be hosted by a provider
the Secretaries determine to be secure and reputable.
(C) Ensuring that the online applications have a live
development team of dedicated engineers to address immediate
concerns. No more than half of such team may be based outside
the United States.
(D) Regular scans of the online applications, host, and
server for vulnerabilities.
(E) The system must not have had a security breach within
the last three years.
(2) System stability.--To ensure system stability and
continuity, all elements of the online applications must pass
testing no less than one year before the online applications
are made available for use by individuals and employers.
(3) Prior providers barred.--No entity that applies to
become the provider of the online applications may have
served as a contractor providing database management for TAP
during the five years preceding such application.
(f) Assessments.--
(1) Interim assessments.--Not later than the dates that are
one and two years after the date of the commencement of the
pilot program, the Secretaries shall jointly assess the pilot
program.
(2) Final assessment.--Not later than the date that is
three years after the date of the commencement of the pilot
program, the Secretaries shall jointly carry out a final
assessment of the pilot program.
(3) Purpose.--The general objective of each assessment
under this subsection shall be to determine if the online
applications under the pilot program assist participants in
TAP accomplish the goals of TAP, accounting for the
individual profiles of participants, including military
experience and geographic location.
(4) Elements.--Each assessment shall include the following:
(A) The aggregate number of profiles created on the online
applications since the commencement of the pilot program.
(B) Demographic information on individuals who use the
online applications.
(C) The average amount time individuals, employers, and
community-based services providers, use the online
applications each month, since the commencement of the pilot
program.
(D) A ranking of most frequently-used features of the
online applications
(E) A satisfaction survey of individuals who use the online
applications during the periods of 30 days and 180 days after
separation from the Armed Forces.
(F) A report regarding the attendance of members of the
Armed Forces at online and in-person TAP classes.
(g) Report.--Not later than six months after completing the
final assessment under subsection (f)(2), the Secretaries
shall submit a report to Congress on its findings regarding
the pilot program, including recommendations for legislation.
(h) Authorization of Appropriations.--There is authorized
be appropriated for fiscal year 2020 for the Department of
Defense, $4,500,000 to carry out this section.
______
SA 787. Ms. HIRONO (for herself and Mr. Menendez) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle I of title VIII, add the following:
SEC. 811. EXEMPTION OF CERTAIN CONSTRUCTION CONTACTS FROM THE
PERIODIC INFLATION ADJUSTMENTS TO THE
ACQUISITION-RELATED DOLLAR THRESHOLD.
Subparagraph (B) of section 1908(b)(2) of title 41, United
States Code, is amended by inserting ``3131 to 3134,'' after
``sections''.
______
SA 788. Ms. HIRONO (for herself and Mr. Gardner) submitted an
amendment intended to be proposed by her to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of part II of subtitle F of title V, add the
following:
SEC. 582. INDEPENDENT STUDY AND REPORT ON MILITARY SPOUSE
UNDEREMPLOYMENT.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to enter into a contract with a Federally funded
research and development center to conduct a study on
underemployment among military spouses. The study shall
consider, at a minimum, the following:
(1) The prevalence of unemployment and underemployment
among military spouses, including differences by Armed Force,
region, State, education level, and income level.
(2) The causes of unemployment and underemployment among
military spouses.
(3) The differences in unemployment and underemployment
between military spouses and civilians.
(4) Barriers to small business ownership and
entrepreneurship faced by military spouses.
(b) Submittal to DoD.--Not later than 240 days after the
date of the enactment of this Act, the Federally funded
research and development center with which the Secretary
contracts pursuant to subsection (a) shall submit to the
Secretary a report containing the results of the study
conducted pursuant to that subsection.
(c) Transmittal to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary shall
transmit to the appropriate committees of Congress the report
under subsection (b), without change.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means the following--
(1) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Small Business and Entrepreneurship, and Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Education and Labor, the Committee on Small Business, and
Committee on Appropriations of the House of Representatives.
______
SA 789. Mr. MURPHY (for himself, Mr. Blumenthal, and Mr. Cornyn)
submitted an amendment intended to be proposed to amendment SA 764
submitted by Mr. Inhofe and intended to be proposed to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of
[[Page S4102]]
the Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of subtitle D of title I of the amendment, add
the following:
SEC. 147. F-15EX PRODUCTION COST LIMITATIONS.
(a) Limitation on Total Cost of Production.--
(1) Procurement.--The total amount obligated or expended
from funds appropriated or otherwise made available for
Aircraft Procurement, Air Force or for any other procurement
account, for the program designated as F-15EX may not exceed
$80,000,000 per aircraft.
(2) Definition of cost per aircraft.--The cost per aircraft
for purposes of paragraph (1) includes the airframe, mission
equipment, sensors, and other government and contractor
furnished equipment required for the aircraft to be used in
combat operations.
(b) Certification Required.--Prior to the obligation of
funds exceeding $50,000,000 for the F-15EX program, the
Secretary of Defense shall certify to the congressional
defense committees that the cost per aircraft will not exceed
the amount specified in subsection (a), which is the amount
the Department has informed the congressional defense
committees is the proposed agreement for a fully combat
capable aircraft.
(c) Annual Comptroller General Review.--
(1) In general.--Not later than March 15 of each year, the
Comptroller General of the United States shall review the F-
15EX aircraft program and submit to Congress a report on the
results of the review.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the F-15EX aircraft program, the
following:
(A) An assessment of the acquisition strategy and cost to
procure, operate, and support the aircraft.
(B) An assessment of the readiness of the technology
improvements and integration of F-15EX.
(C) An assessment of the manufacturing processes for the F-
15EX.
(D) An assessment of the readiness of the supply base and
enterprise to produce 18-24 aircraft per year.
(E) An estimate of the organic investments required to
sustain and support the F-15EX.
(d) F-15EX Program Defined.--In this section, the term ``F-
15EX program'' means the F-15EX aircraft program of the Air
Force as described in the materials submitted to Congress by
the Secretary of Defense in support of the budget of the
President for fiscal year 2020 (as submitted to Congress
under section 1105(a) of title 31, United States Code).
______
SA 790. Mr. PETERS (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 764 submitted by Mr.
Inhofe and intended to be proposed to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. STATE AND LOCAL GOVERNMENT CYBERSECURITY.
Subtitle A of title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended--
(1) in section 2201 (6 U.S.C. 651)--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Entity.--The term `entity' shall include--
``(A) an association, corporation, whether for-profit or
nonprofit, partnership, proprietorship, organization,
institution, establishment, or individual, whether
domestically or foreign owned, that has the legal capacity to
enter into agreements or contracts, assume obligations, incur
and pay debts, sue and be sued in its own right in a court of
competent jurisdiction in the United States, and to be held
responsible for its actions;
``(B) a governmental agency or other governmental entity,
including State, local, Tribal, and territorial government
entities; and
``(C) the general public.''; and
(2) in section 2202 (6 U.S.C. 652)--
(A) in subsection (c)--
(i) in paragraph (10), by striking ``and'' at the end;
(ii) by redesignating paragraph (11) as paragraph (12); and
(iii) by inserting after paragraph (10) the following:
``(11) carry out the authority of the Secretary under
subsection (e)(1)(R); and''; and
(B) in subsection (e)(1), by adding at the end the
following:
``(R) To make grants to and enter into cooperative
agreements or contracts with States, local governments, and
other non-Federal entities as the Secretary determines
necessary to carry out the responsibilities of the Secretary
related to cybersecurity and infrastructure security under
this Act and any other provision of law, including grants,
cooperative agreements, and contracts that provide assistance
and education related to cyber threat indicators, defensive
measures and cybersecurity technologies, cybersecurity risks,
incidents, analysis, and warnings.''; and
(3) in section 2209 (6 U.S.C. 659)--
(A) in subsection (c)(6), by inserting ``operational and''
after ``timely'';
(B) in subsection (d)(1)(E), by inserting ``, including an
entity that collaborates with election officials,'' after
``governments''; and
(C) by adding at the end the following:
``(n) Coordination on Cybersecurity for Federal and Non-
Federal Entities.--
``(1) Coordination.--The Center shall, to the extent
practicable, and in coordination as appropriate with Federal
and non-Federal entities, such as the Multi-State Information
Sharing and Analysis Center--
``(A) conduct exercises with Federal and non-Federal
entities;
``(B) provide operational and technical cybersecurity
training related to cyber threat indicators, defensive
measures, cybersecurity risks, and incidents to Federal and
non-Federal entities to address cybersecurity risks or
incidents, with or without reimbursement;
``(C) assist Federal and non-Federal entities, upon
request, in sharing cyber threat indicators, defensive
measures, cybersecurity risks, and incidents from and to the
Federal Government as well as among Federal and non-Federal
entities, in order to increase situational awareness and help
prevent incidents;
``(D) provide notifications containing specific incident
and malware information that may affect them or their
customers and residents;
``(E) provide and periodically update via a web portal and
other means tools, products, resources, policies, guidelines,
controls, and other cybersecurity standards and best
practices and procedures related to information security;
``(F) work with senior Federal and non-Federal officials,
including State and local Chief Information Officers, senior
election officials, and through national associations, to
coordinate a nationwide effort to ensure effective
implementation of tools, products, resources, policies,
guidelines, controls, and procedures related to information
security to secure and ensure the resiliency of Federal and
non-Federal information systems and including election
systems;
``(G) provide, upon request, operational and technical
assistance to Federal and non-Federal entities to implement
tools, products, resources, policies, guidelines, controls,
and procedures on information security, including by, as
appropriate, deploying and sustaining cybersecurity
technologies, such as an intrusion detection capability, to
assist those Federal and non-Federal entities in detecting
cybersecurity risks and incidents;
``(H) assist Federal and non-Federal entities in developing
policies and procedures for coordinating vulnerability
disclosures, to the extent practicable, consistent with
international and national standards in the information
technology industry;
``(I) ensure that Federal and non-Federal entities, as
appropriate, are made aware of the tools, products,
resources, policies, guidelines, controls, and procedures on
information security developed by the Department and other
appropriate Federal departments and agencies for ensuring the
security and resiliency of civilian information systems; and
``(J) promote cybersecurity education and awareness through
engagements with Federal and non-Federal entities.
``(o) Report.--Not later than 1 year after the date of
enactment of this subsection, and every 2 years thereafter,
the Secretary shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report on the status of cybersecurity
measures that are in place, and any gaps that exist, in each
State and in the largest urban areas of the United States.
``(p) Deployment of Enhanced Capabilities.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of this subsection, the Secretary may
establish an initiative to enhance efforts to deploy
technical or analytic capabilities or services that utilize
classified cyber threat indicators or intelligence for the
purpose of detecting or preventing malicious network traffic
on unclassified non-Federal information systems.
``(2) Voluntary participation.--Activities conducted under
this subsection may only be carried out on a voluntary basis
upon request of the non-Federal entity.
``(3) Report.--Not later than 1 year after the date on
which the Secretary establishes the initiative under this
subsection, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the initiative, which shall
include--
``(A) the status of the initiative;
``(B) the rate of voluntary participation in the
initiative;
``(C) the effectiveness of the initiative; and
[[Page S4103]]
``(D) recommendations for expanding the use of classified
cyber threat indicators to protect non-Federal entities.''.
______
SA 791. Mr. WYDEN (for himself, Mr. Risch, Mr. Merkley, Ms. Collins,
Mr. Crapo, and Mr. King) submitted an amendment intended to be proposed
to amendment SA 764 submitted by Mr. Inhofe and intended to be proposed
to the bill S. 1790, to authorize appropriations for fiscal year 2020
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SECTION 108__. DEFINITION OF RENEWABLE BIOMASS UNDER
RENEWABLE FUEL PROGRAM.
Section 211(o)(1)(I) of the Clean Air Act (42 U.S.C.
7545(o)(1)(I)) is amended--
(1) by redesignating clauses (iii) through (vii) as clauses
(v) through (ix), respectively; and
(2) by striking clause (ii) and inserting the following:
``(ii) Trees and tree residue from non-Federal land,
including land belonging to an Indian tribe or an Indian
individual that is held in trust by the United States or
subject to a restriction against alienation imposed by the
United States.
``(iii) Any secondary, residual materials generated from
forest products manufacturing, including, but not limited to,
sawdust, wood chips, shavings, bark, sanderdust, and
trimmings, regardless of whether the source of primary
materials is derived from Federal or non-Federal land.
``(iv) Biomass materials obtained from Federal land that--
``(I) are not harvested from old growth stands, unless the
old growth stand is part of a science-based ecological
restoration project authorized by the Secretary of
Agriculture or the Secretary of the Interior, as applicable,
that meets applicable protection and old growth enhancement
objectives, as determined by the applicable Secretary;
``(II) are slash, precommercial thinnings, or derived from
ecological restoration activities;
``(III) are harvested in a manner consistent with
applicable Federal laws (including regulations) and land
management plans; and
``(IV) are derived within--
``(aa) the wildland-urban interface (as defined in section
101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6511)) from acreage included within a community wildfire
protection plan (as so defined);
``(bb) a priority area on Federal land, as identified by
the Secretary of Agriculture or the Secretary of the
Interior, as applicable, in need of--
``(AA) ecological restoration;
``(BB) an authorized hazardous fuels reduction project
under section 102 of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6512); or
``(CC) a project carried out under section 602(d) of that
Act (16 U.S.C. 6591a(d)); or
``(cc) an area identified as a priority area for wildfire
threat in a State-wide assessment and State-wide strategy
developed in accordance with section 2A of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101a).''.
______
SA 792. Mr. SANDERS (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 764 submitted by Mr.
Inhofe and intended to be proposed to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1008. DEPARTMENT OF DEFENSE SPENDING REDUCTIONS IN THE
ABSENCE OF AN UNQUALIFIED AUDIT OPINION.
If during any fiscal year after fiscal year 2024, the
Secretary of Defense determines that a department, agency, or
other element of the Department of Defense has not achieved
an unqualified opinion on its full financial statements for
the calendar year ending during such fiscal year--
(1) the amount available to such department, agency, or
element for the fiscal year in which such determination is
made shall be equal to--
(A) the amount otherwise authorized to be appropriated for
such department, agency, or element for the fiscal year;
minus
(B) the lesser of--
(i) an amount equal to 0.5 percent of the amount described
in subparagraph (A); or
(ii) $100,000,000;
(2) the amount unavailable to such department, agency, or
element for that fiscal year pursuant to paragraph (1) shall
be applied on a pro rata basis against each program, project,
and activity of such department, agency, or element in that
fiscal year; and
(3) the Secretary shall deposit in the general fund of the
Treasury for purposes of deficit reduction all amounts
unavailable to departments, agencies, and elements of the
Department in the fiscal year pursuant to determinations made
under paragraph (1).
______
SA 793. Mr. YOUNG submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1018. SENSE OF CONGRESS ON THE NAMING OF A DDG-51 CLASS
VESSEL IN HONOR OF THE HONORABLE RICHARD G
LUGAR.
It is the sense of Congress that the Secretary of the Navy
should name the next unnamed vessel of the DDG-51 Flight III
class of destroyer warship in honor of work and legacy of the
Honorable Richard G. Lugar.
______
SA 794. Mr. WARNER (for himself, Mr. Cornyn, and Mr. Sullivan)
submitted an amendment intended to be proposed to amendment SA 764
submitted by Mr. Inhofe and intended to be proposed to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1262. SENSE OF SENATE ON DEFENSE COOPERATION WITH INDIA.
(a) Findings.--The Senate makes the following findings:
(1) The United States-India Defense Technology and Trade
Initiative launched in 2012 to create opportunities for co-
production and co-development.
(2) In June 2016, the United States designated India as a
``Major Defense Partner''. Section 1292 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 22 U.S.C. 2751 note), relating to enhancing defense
and security cooperation with India, requests that the
Secretary of Defense and Secretary of State jointly take such
actions as may be necessary to recognize India's status as a
major defense partner of the United States, consistent with
the June 7, 2016, India-United States Joint Statement.
(3) On August 3, 2018, the Department of Commerce issued a
rule, which enabled India to be moved to the Department of
Commerce's Strategic Trade Authorization Tier 1 license
designation list, which enables greater availability for
exports and re-exports to, and transfers within, India for
articles under the Export Administration Regulations.
(4) The Asia Reassurance Initiative Act of 2018 (Public Law
115-409) recognizes the ``vital role of the strategic
partnership between the United States and India'' and finds
that the designation of India as a major defense partner
``elevates defense trade and technology cooperation between
the United States and India to a level commensurate with the
closest allies and partners of the United States''.
(5) In September 2018, the United States and India signed
the Communications Compatibility and Security Agreement
(COMCASA) to facilitate interoperability and real-time secure
information sharing.
(6) The United States and India are collaborating on
maritime security, counterpiracy, counterterrorism,
cybersecurity, and other shared security interests.
(7) United States-India bilateral defense trade and
technology cooperation have significantly expanded over the
past decade.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the strategic partnership between the United States and
India has been strengthened through enhanced defense
cooperation and continued diplomatic engagement based on
shared democratic values and strategic interests;
(2) the United States should continue to work with India to
reduce its dependence on Russian defense equipment and
conventional weapons and develop alternative opportunities to
procure strategic systems that are interoperable with United
States systems and consistent with United States national
security interests; and
(3) in order to advance the Major Defense Partnership
designation, Congress should consider amending the Arms
Export Control Act to enable India to undergo an expedited
review process for the purchase of defense equipment.
______
SA 795. Mr. KENNEDY submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military
[[Page S4104]]
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; which was ordered to lie on the table; as follows:
At the end of subtitle C of title III, add the following:
SEC. 333. USE OF COST SAVINGS REALIZED FROM INTERGOVERNMENTAL
SERVICES AGREEMENTS FOR INSTALLATION-SUPPORT
SERVICES.
(a) Requirement.--Section 2679 of title 10, United States
Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Use of Cost Savings Realized.--(1) With respect to a
fiscal year in which cost savings are realized as a result of
entering into an intergovernmental support agreement under
this section for a military installation, the Secretary
concerned shall make not less than 25 percent of the amount
of such savings available for use by the commander of the
installation solely for sustainment restoration and
modernization requirements that have been approved by the
major subordinate command or equivalent component.
``(2) Not less frequently than annually, the Secretary
concerned shall certify to the congressional defense
committee the amount of the cost savings achieved, the source
and type of intergovernmental support agreement that achieved
the savings, and the manner in which those savings were
deployed, disaggregated by installation.''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to fiscal year 2020 and each
subsequent fiscal year.
______
SA 796. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 320, insert after subsection (b) the following:
(c) Limitation on Consideration of Effects of Greenhouse
Gas Emissions.--In estimating anticipated adverse impacts
under subsection (a)(2), the Secretary of Defense shall not
consider the effects of greenhouse gas emissions.
______
SA 797. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. PROHIBITION.
The Secretary of Defense shall not conduct or support any
research in which a human embryo is intentionally created or
modified to include a heritable genetic modification.
______
SA 798. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 219.
______
SA 799. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
In section 701, strike subsections (b) and (c) and insert
the following:
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2020.
______
SA 800. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
Strike section 1221.
______
SA 801. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
On page 783, between lines 18 and 19, insert the following:
``(f) Limitation on Consideration of Effects of Greenhouse
Gas Emissions.--In developing and implementing military
installation resilience plans under this section, the
Secretary of Defense shall not consider the effects of
greenhouse gas emissions.
``(g) Certification.--Before implementing a military
installation resilience plan under this section, the
Secretary of the military department concerned shall certify
to Congress that--
``(1) the best available science was used to inform the
plan; and
``(2) all scientific and technical information relied upon
to support the plan is specifically identified and publicly
available in an online manner that is sufficient for
independent analysis and substantial reproduction of research
results.''.
______
SA 802. Mr. LEE (for himself and Mr. Romney) submitted an amendment
intended to be proposed to amendment SA 764 submitted by Mr. Inhofe and
intended to be proposed to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. LIMITATION ON THE EXTENSION OR ESTABLISHMENT OF
NATIONAL MONUMENTS IN THE STATE OF UTAH.
Section 320301(d) of title 54, United States Code, is
amended--
(1) in the heading, by striking ``Wyoming'' and inserting
``the State of Wyoming or Utah''; and
(2) by striking ``Wyoming'' and inserting ``the State of
Wyoming or Utah''.
____________________