Text of US SB 1790 (2019)

II Calendar No. 114 116TH CONGRESS 1ST SESSION S. 1790 [Report No. 116–48] 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. IN THE SENATE OF THE UNITED STATES JUNE 11, 2019 Mr. INHOFE, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar A BILL To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Defense Au- 4 thorization Act for Fiscal Year 2020’’. 5 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 2 •S 1790 RS SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 1 CONTENTS. 2 (a) DIVISIONS.—This Act is organized into four divi- 3 sions as follows: 4 (1) Division A—Department of Defense Au- 5 thorizations. 6 (2) Division B—Military Construction Author- 7 izations. 8 (3) Division C—Department of Energy Na- 9 tional Security Authorizations and Other Authoriza- 10 tions. 11 (4) Division D—Funding Tables. 12 (b) TABLE OF CONTENTS.—The table of contents for 13 this Act is as follows: 14 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 In- crement 1. Subtitle C—Navy Programs Sec. 121. Modification of prohibition on availability of funds for Navy water- borne security barriers. Sec. 122. Capabilities based assessment for naval vessels that carry fixed-wing aircraft. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 3 •S 1790 RS 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 devel- opment solution as an alternative for Joint Strike Fighter Au- tonomic 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 experimen- tation aircraft. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 151. Limitation on availability of funds for communications systems lack- ing 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 prob- ability of detection data link network capability. Sec. 212. Establishment of secure next-generation wireless network (5G) infra- structure for the Nevada Test and Training Range and base infrastructure. Sec. 213. Limitation and report on Indirect Fire Protection Capability Incre- ment 2 enduring capability. Sec. 214. Electromagnetic spectrum sharing research and development pro- gram. 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 4 •S 1790 RS 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 avail- ability 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 achieve- ments. Sec. 240. Use of funds for Strategic Environmental Research Program, Envi- ronmental Security Technical Certification Program, and Oper- ational Energy Capability Improvement. Sec. 241. Funding for the Sea-Launched Cruise Missile–Nuclear analysis of al- ternatives. Sec. 242. Review and assessment pertaining to transition of Department of De- fense-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 geo- thermal 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 im- plications 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 au- thorities to include Federal Government facilities used by Na- tional 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 5 •S 1790 RS Sec. 322. Report on efforts to reduce high energy intensity at military installa- tions. Sec. 323. Technical and grammatical corrections and repeal of obsolete provi- sions 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 Depart- ment of Defense. Sec. 352. Limitation on use of funds regarding the basing of KC–46A aircraft outside the continental United States. Sec. 353. Prevention of encroachment on military training routes and military operations areas. Sec. 354. Expansion and enhancement of authorities on transfer and adoption of military animals. Sec. 355. Limitation on contracting relating to Defense Personal Property Pro- gram. 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 arse- nals, 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 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 6 •S 1790 RS 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 appoint- ment 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 deter- mination or certification of retired grade. Sec. 507. Availability on the Internet of certain information about officers serv- ing 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 mem- bers of the Armed Forces and related unit operating and per- sonnel 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 disposi- tion 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 of- fenses. Sec. 524. Expansion of responsibilities of commanders for victims of sexual as- sault 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 ad- ministrative action following a determination not to refer to trial by court-martial. Sec. 527. Safe to report policy applicable across the Armed Forces. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 7 •S 1790 RS 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 as- sault 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 pro- ceedings. Sec. 533. Extension of Defense Advisory Committee on Investigation, Prosecu- tion, and Defense of Sexual Assault in the Armed Forces. Sec. 534. Defense Advisory Committee for the Prevention of Sexual Mis- conduct. Sec. 535. Independent reviews and assessments on race and ethnicity in the in- vestigation, prosecution, and defense of sexual assault in the Armed Forces. Sec. 536. Report on mechanisms to enhance the integration and synchroni- zation of activities of Special Victim Investigation and Prosecu- tion 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 sex- ual 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 do- mestic 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 mat- ters in the States of the military installations to which as- signed. 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 sup- porting 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 correc- tion 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 vi- olence, spousal abuse, and related matters. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 8 •S 1790 RS 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 vi- olence-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 jus- tice. Sec. 556. Policies and procedures on registration at military installations of ci- vilian protective orders applicable to members of the Armed Forces assigned to such installations and certain other individ- uals. Sec. 557. Increase in number of digital forensic examiners for the military criminal investigative organizations. Sec. 558. Survey of members of the Armed Forces on their experiences with military investigations and military justice. Sec. 559. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system. Sec. 560. Pilot programs on defense investigators in the military justice system. Sec. 561. Report on military justice system involving alternative authority for determining whether to prefer or refer changes for felony of- fenses under the Uniform Code of Military Justice. Sec. 562. Report on standardization among the military departments in collec- tion 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 enti- ties. 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 De- partment 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 9 •S 1790 RS 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 indi- vidualized service plans for members of military families with special needs. Sec. 579. Clarifying technical amendment on direct hire authority for the De- partment of Defense for childcare services providers for De- partment child development centers. Sec. 580. Pilot program on information sharing between Department of De- fense and designated relatives and friends of members of the Armed Forces regarding the experiences and challenges of mili- tary 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 mili- tary decorations. Sec. 587. Authority to award or present a decoration not previously rec- ommended in a timely fashion following a review requested by Congress. Sec. 588. Authority to make posthumous and honorary promotions and ap- pointments 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’ Train- ing 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 authori- ties. 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 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 10 •S 1790 RS 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 prod- ucts. 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 combat- ant commands. Sec. 713. Tours of duty of commanders or directors of military treatment facili- ties. Sec. 714. Expansion of strategy to improve acquisition of managed care sup- port contracts under TRICARE program. Sec. 715. Establishment of regional medical hubs to support combatant com- mands. Sec. 716. Monitoring of adverse event data on dietary supplement use by mem- bers 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 De- fense-Department of Veterans Affairs Medical Facility Dem- onstration 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 Re- gion. Sec. 725. Provision of veterinary services by veterinary professionals of the De- partment of Defense in emergencies. Sec. 726. Five-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 11 •S 1790 RS Sec. 727. Pilot Program on civilian and military partnerships to enhance inter- operability and medical surge capability and capacity of Na- tional 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 pro- grams. Sec. 802. Pilot program to use alpha contracting teams for complex require- ments. Sec. 803. Modification of written approval requirement for task and delivery order single contract awards. Sec. 804. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 805. Modification of Director of Operational Test and Evaluation report. Sec. 806. Department of Defense use of fixed-price contracts. Sec. 807. Pilot program to accelerate contracting and pricing processes. Sec. 808. Pilot program to streamline decision-making processes for weapon systems. Sec. 809. Documentation of market research related to commercial item deter- minations. Sec. 810. Modification to small purchase threshold exception to sourcing re- quirements 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 indus- trial 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- Prote´ge´ Program. Sec. 842. Modification of justification and approval requirement for certain De- partment of Defense contracts. Subtitle E—Provisions Related to Software-Driven Capabilities Sec. 851. Improved management of information technology and cyberspace in- vestments. Sec. 852. Special pathways for rapid acquisition of software applications and upgrades. Subtitle F—Other Matters VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00011 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 12 •S 1790 RS 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 procure- ment 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 re- sponsibility for business systems and related matters. 904. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Advi- sor. 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 Pro- gram. 922. Report on resources to implement the civilian casualty policy of the Depart- ment 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 un- funded priorities of the Armed Forces and the combatant com- mands. Sec. 1004. Prohibition on delegation of responsibility for submittal to Congress of Out-Year Unconstrained Total Munitions Requirements and Out-Year Inventory numbers. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00012 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 13 •S 1790 RS Sec. 1005. Element in annual reports on the Financial Improvement and Audit Remediation Plan on activities with respect to classified pro- grams. Sec. 1006. Modification of semiannual briefings on the consolidated corrective action plan of the Department of Defense for financial man- agement information. Sec. 1007. Update of authorities and renaming of Department of Defense Ac- quisition 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 sup- port 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 Na- tional 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, Guanta- namo Bay, Cuba, to the United States. Sec. 1022. Extension of prohibition on use of funds to construct or modify fa- cilities 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, Guanta- namo Bay, Cuba, to certain countries. Sec. 1024. Extension of prohibition on use of funds to close or relinquish con- trol 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 tempo- rarily 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-de- fense. 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00013 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 14 •S 1790 RS 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 Per- sonnel and Readiness of work with federally funded research and development centers. Sec. 1040. Termination of requirement for Department of Defense facility ac- cess 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 Intel- ligence. Sec. 1043. Authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1044. Limitation on use of funds to house children separated from par- ents. Subtitle F—Studies and Reports Sec. 1051. Modification of annual reporting requirements on defense man- power. Sec. 1052. Report on Department of Defense efforts to implement a force plan- ning process in support of implementation of the 2018 Na- tional Defense Strategy. Sec. 1053. Extension of annual reports on civilian casualties in connection with United States military operations. Sec. 1054. Report on joint force plan for implementation of strategies of the Department of Defense for the Arctic. Sec. 1055. Report on use of Northern Tier bases in implementation of Arctic strategy of the United States. Sec. 1056. Report on the Department of Defense plan for mass-casualty dis- aster response operations in the Arctic. Sec. 1057. Annual reports on approval of employment or compensation of re- tired 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 De- fense 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00014 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 15 •S 1790 RS 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 serv- ices. 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 agen- cies under personnel management authority to attract experts in science and engineering. Sec. 1103. One-year extension of temporary authority to grant allowances, ben- efits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1104. One-year extension of authority to waive annual limitation on pre- mium 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 reloca- tion. 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 Contin- gency 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 na- tional 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 de- fense services to the military and security forces of Afghani- stan. 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 oper- ations. Sec. 1215. Support for reconciliation activities led by the Government of Af- ghanistan. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00015 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 16 •S 1790 RS Sec. 1216. Sense of Senate on special immigrant visa program for Afghan al- lies. 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 as- sistance 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 Trea- ty 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00016 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 17 •S 1790 RS 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 co- operation. Sec. 1257. Sense of Senate on enhancement of the United States-Taiwan de- fense 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 coun- tries to establish open-source intelligence fusion centers in the Indo-Pacific region. Sec. 1261. Sense of Senate on enhancing defense and security cooperation with the Republic of Singapore. Subtitle F—Reports Sec. 1271. Report on cost imposition strategy. Subtitle G—Other Matters Sec. 1281. NATO Special Operations Headquarters. Sec. 1282. Modifications of authorities relating to acquisition and cross-serv- icing agreements. Sec. 1283. Modification of authority for United States-Israel anti-tunnel co- operation activities. Sec. 1284. United States-Israel cooperation to counter unmanned aerial sys- tems. 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 coali- tion aircraft conducting missions relating to civil war in Yemen. Sec. 1289. Sense of Senate on security concerns with respect to leasing ar- rangements 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00017 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 18 •S 1790 RS 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 Retire- ment Home. Subtitle D—Other Matters Sec. 1431. Authority for transfer of funds to joint Department of Defense-De- partment of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illi- nois. 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 Ac- quisition 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00018 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 19 •S 1790 RS 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 Secu- rity 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 Secu- rity 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 Depart- ment of Defense intelligence, surveillance, and reconnaissance capabilities. Sec. 1623. Improving the onboarding methodology for certain intelligence per- sonnel. Sec. 1624. Defense Counterintelligence and Security Agency activities on facili- tating 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 cy- bersecurity. 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 infor- mation 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 De- fense. Sec. 1643. Authority to use operation and maintenance funds for cyber oper- ations-peculiar capability development projects. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00019 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 20 •S 1790 RS 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 oper- ational planning and control of cyber attacks of national scale. Sec. 1646. Study to determine the optimal strategy for structuring and man- ning elements of the Joint Force Headquarters–Cyber organi- zations, Joint Mission Operations Centers, and Cyber Oper- ations–Integrated Planning Elements. Sec. 1647. Cyber governance structures and Principal Cyber Advisors on mili- tary cyber force matters. Sec. 1648. Designation of test networks for testing and accreditation of cyber- security products and services. Sec. 1649. Consortia of universities to advise Secretary of Defense on cyberse- curity 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 redesigna- tion. Sec. 1673. Acceleration of the deployment of persistent space-based sensor ar- chitecture. 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 pri- orities. 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 environ- ment. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00020 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 21 •S 1790 RS Sec. 1682. Extension of authorization for protection of certain facilities and as- sets 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 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00021 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 22 •S 1790 RS 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 ac- tivities 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 cre- ating 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 construc- tion 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, Arkan- sas, for use of such land as a veterans cemetery. Sec. 2812. Transfer of administrative jurisdiction over certain parcels of Fed- eral land in Arlington, Virginia. Sec. 2813. Modification of requirements relating to land acquisition in Arling- ton 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 con- tributions 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00022 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 23 •S 1790 RS Sec. 2824. Prohibition on use of funds to privatize temporary lodging on instal- lations 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 hous- ing. Sec. 3013. Command oversight of military privatized housing as element of per- formance 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 in- spectors 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 sys- tem of landlord. Subtitle B—Prioritizing Families Sec. 3031. Dispute resolution process for landlord-tenant disputes regarding privatized military housing and requests to withhold payments. Sec. 3032. Suspension of Resident Energy Conservation Program. Sec. 3033. Access by tenants to historical maintenance information for privatized military housing. Sec. 3034. Prohibition on use of call centers outside the United States for maintenance calls by tenants of privatized military housing. Sec. 3035. Radon testing for privatized military housing. Sec. 3036. Expansion of windows covered by requirement to use window fall prevention devices in privatized military housing. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00023 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 24 •S 1790 RS 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 hous- ing. 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 haz- ard. 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 tech- nical positions at National Nuclear Security Administration. Sec. 3114. Prohibition on use of laboratory-directed research and development funds for general and administrative overhead costs. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00024 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 25 •S 1790 RS 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 mile- stones 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 pro- ducing 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. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00025 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 26 •S 1790 RS Sec. 4602. Military construction for overseas contingency operations. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. 1 In this Act, the term ‘‘congressional defense commit- 2 tees’’ has the meaning given that term in section 3 101(a)(16) of title 10, United States Code. 4 SEC. 4. BUDGETARY EFFECTS OF THIS ACT. 5 The budgetary effects of this Act, for the purposes 6 of complying with the Statutory Pay-As-You-Go Act of 7 2010, shall be determined by reference to the latest state- 8 ment titled ‘‘Budgetary Effects of PAYGO Legislation’’ 9 for this Act, jointly submitted for printing in the Congres- 10 sional Record by the Chairmen of the House and Senate 11 Budget Committees, provided that such statement has 12 been submitted prior to the vote on passage in the House 13 acting first on the conference report or amendment be- 14 tween the Houses. 15 DIVISION A—DEPARTMENT OF 16 DEFENSE AUTHORIZATIONS 17 TITLE I—PROCUREMENT 18 Subtitle A—Authorization of 19 Appropriations 20 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 21 Funds are hereby authorized to be appropriated for 22 fiscal year 2020 for procurement for the Army, the Navy 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 27 •S 1790 RS and the Marine Corps, the Air Force, and Defense-wide 1 activities, as specified in the funding table in section 4101. 2 Subtitle B—Army Programs 3 SEC. 111. SENSE OF SENATE ON ARMY’S APPROACH TO CA- 4 PABILITY DROPS 1 AND 2 OF THE DISTRIB- 5 UTED COMMON GROUND SYSTEM-ARMY PRO- 6 GRAM. 7 It is the sense of the Senate that— 8 (1) the Senate approves of the approach of the 9 Army to Capability Drops 1 and 2 of the Distrib- 10 uted Common Ground System-Army program, which 11 has been in compliance with section 2377 of title 10, 12 United States Code; and 13 (2) the Senate encourages the Under Secretary 14 of Defense for Acquisition and Sustainment and 15 other military departments and commands in the 16 Department of Defense to review the efforts of the 17 Army with Capability Drops 1 and 2 to inform fu- 18 ture decisions about how to integrate commercial 19 technology into the Distributed Common Ground 20 System Enterprise and other national security sys- 21 tems. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 28 •S 1790 RS SEC. 112. AUTHORITY OF THE SECRETARY OF THE ARMY 1 TO WAIVE CERTAIN LIMITATIONS RELATED 2 TO THE DISTRIBUTED COMMON GROUND 3 SYSTEM-ARMY INCREMENT 1. 4 Section 113(d) of the National Defense Authorization 5 Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 6 2028) is amended by striking ‘‘Secretary of Defense’’ both 7 places it appears and inserting ‘‘Secretary of the Army’’. 8 Subtitle C—Navy Programs 9 SEC. 121. MODIFICATION OF PROHIBITION ON AVAIL- 10 ABILITY OF FUNDS FOR NAVY WATERBORNE 11 SECURITY BARRIERS. 12 Section 130 of the John S. McCain National Defense 13 Authorization Act for Fiscal Year 2019 (Public Law 115– 14 232) is amended— 15 (1) in subsection (a) by striking ‘‘for fiscal year 16 2019 may be obligated or expended to procure leg- 17 acy waterborne security barriers for Navy ports’’ 18 and inserting ‘‘for fiscal year 2019 or fiscal year 19 2020 may be obligated or expended to procure leg- 20 acy waterborne security barriers for Navy ports, in- 21 cluding as replacements for legacy barriers’’; and 22 (2) by adding at the end the following new sub- 23 section: 24 ‘‘(d) NOTIFICATION.—Not later than 15 days after 25 an exception is made pursuant to subsection (c)(2), the 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 29 •S 1790 RS Secretary of the Navy shall submit a written notification 1 to the congressional defense committees that includes— 2 ‘‘(1) the name and position of the government 3 official who determined exigent circumstances exist; 4 ‘‘(2) a description of the exigent circumstances; 5 and 6 ‘‘(3) a description of how waterborne security 7 will be maintained until new waterborne security 8 barriers are procured and installed.’’. 9 SEC. 122. CAPABILITIES BASED ASSESSMENT FOR NAVAL 10 VESSELS THAT CARRY FIXED-WING AIR- 11 CRAFT. 12 (a) IN GENERAL.—Not later than 30 days after the 13 date of the enactment of this Act, the Secretary of the 14 Navy shall initiate a capabilities based assessment to begin 15 the process of identifying requirements for the naval ves- 16 sels that will carry fixed-wing aircraft following the ships 17 designated CVN–81 and LHA–9. 18 (b) ELEMENTS.—The assessment shall— 19 (1) conform with the Joint Capabilities Integra- 20 tion and Development System, including Chairman 21 of the Joint Chiefs of Staff Instruction 5123.01H; 22 and 23 (2) consider options for the vessels described 24 under subsection (a) that would enable greater com- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 30 •S 1790 RS monality and interoperability of naval aircraft em- 1 barked on such naval vessels, including aircraft ar- 2 resting gear and launch catapults. 3 (c) NOTIFICATION REQUIREMENT.—Not later than 4 15 days after initiating the assessment required under 5 subsection (a), the Secretary of the Navy shall notify the 6 congressional defense committees of such action and the 7 associated schedule for completing the assessment and 8 generating an Initial Capabilities Document. 9 SEC. 123. FORD-CLASS AIRCRAFT CARRIER COST LIMITA- 10 TION BASELINES. 11 (a) IN GENERAL.—Chapter 633 of title 10, United 12 States Code, is amended by adding at the end the fol- 13 lowing new section: 14 ‘‘§ 8692. Ford-class aircraft carrier cost limitation 15 baselines 16 ‘‘(a) LIMITATION.—The total amounts obligated or 17 expended from funds authorized to be appropriated or oth- 18 erwise made available for Shipbuilding and Conversion, 19 Navy, or for any other procurement account, may not ex- 20 ceed the following amounts for the following aircraft car- 21 riers: 22 ‘‘(1) $13,027,000,000 for the construction of 23 the aircraft carrier designated CVN–78. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 31 •S 1790 RS ‘‘(2) $11,398,000,000 for the construction of 1 the aircraft carrier designated CVN–79. 2 ‘‘(3) $12,202,000,000 for the construction of 3 the aircraft carrier designated CVN–80. 4 ‘‘(4) $12,451,000,000 for the construction of 5 the aircraft carrier designated CVN–81. 6 ‘‘(b) ADJUSTMENT OF LIMITATION AMOUNT.—The 7 Secretary of the Navy may adjust an amount set forth 8 in subsection (a) by the following: 9 ‘‘(1) The amounts of increases or decreases in 10 costs attributable to economic inflation after Sep- 11 tember 30, 2019. 12 ‘‘(2) The amounts of increases or decreases in 13 costs attributable to compliance with changes in 14 Federal, State, or local laws enacted after Sep- 15 tember 30, 2019. 16 ‘‘(3) The amounts of outfitting costs and post- 17 delivery costs incurred for that ship. 18 ‘‘(4) The amounts of increases or decreases in 19 costs of that ship that are attributable to insertion 20 of new technology into that ship, as compared to the 21 technology baseline as it was defined prior to Octo- 22 ber 1, 2019. 23 ‘‘(5) The amounts of increases or decreases to 24 cost required to correct deficiencies that may affect 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 32 •S 1790 RS the safety of the ship and personnel or otherwise 1 preclude the ship from safe operations and crew cer- 2 tification. 3 ‘‘(6) With respect to the aircraft carrier des- 4 ignated as CVN–78, the amounts of increases or de- 5 creases in costs of that ship that are attributable 6 solely to an urgent and unforeseen requirement iden- 7 tified as a result of the shipboard test program. 8 ‘‘(7) With respect to the aircraft carrier des- 9 ignated as CVN–79, the amounts of increases not 10 exceeding $100,000,000 if the Chief of Naval Oper- 11 ations determines that achieving the amount set 12 forth in subsection (a)(2) would result in unaccept- 13 able reductions to the operational capability of the 14 ship. 15 ‘‘(c) LIMITATION ON TECHNOLOGY INSERTION COST 16 ADJUSTMENT.—The Secretary of the Navy may use the 17 authority under paragraph (4) of subsection (b) to adjust 18 the amount set forth in subsection (a) for a ship referred 19 to in that subsection with respect to insertion of new tech- 20 nology into that ship only if— 21 ‘‘(1) the Secretary determines, and certifies to 22 the congressional defense committees, that insertion 23 of the new technology would lower the life-cycle cost 24 of the ship; or 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 33 •S 1790 RS ‘‘(2) the Secretary determines, and certifies to 1 the congressional defense committees, that insertion 2 of the new technology is required to meet an emerg- 3 ing threat and the Secretary of Defense certifies to 4 those committees that such threat poses grave harm 5 to national security. 6 ‘‘(d) LIMITATION ON SHIPBOARD TEST PROGRAM 7 COST ADJUSTMENT.—The Secretary of the Navy may use 8 the authority under paragraph (6) of subsection (b) to ad- 9 just the amount set forth in subsection (a) for the aircraft 10 carrier designated CVN–78 for reasons relating to an ur- 11 gent and unforeseen requirement identified as a result of 12 the shipboard test program only if— 13 ‘‘(1) the Secretary determines, and certifies to 14 the congressional defense committees, that such re- 15 quirement was not known before the date of the sub- 16 mittal to Congress of the budget for fiscal year 2020 17 (as submitted pursuant to section 1105 of title 31, 18 United States Code); 19 ‘‘(2) the Secretary determines, and certifies to 20 the congressional defense committees, that waiting 21 on an action by Congress to raise the cost cap speci- 22 fied in subsection (a)(1) to account for such require- 23 ment will result in a delay in the date of initial oper- 24 ating capability of that ship; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 34 •S 1790 RS ‘‘(3) the Secretary submits to the congressional 1 defense committees a report setting forth a descrip- 2 tion of such requirement before the obligation of ad- 3 ditional funds pursuant to such authority. 4 ‘‘(e) EXCLUSION OF BATTLE AND INTERIM SPARES 5 FROM COST LIMITATION.—The Secretary of the Navy 6 shall exclude from the determination of the amounts set 7 forth in subsection (a), the costs of the following items: 8 ‘‘(1) CVN–78 class battle spares. 9 ‘‘(2) Interim spares. 10 ‘‘(f) WRITTEN NOTICE OF CHANGE IN AMOUNT.— 11 The Secretary of the Navy shall submit to the congres- 12 sional defense committees written notice of any change in 13 the amount set forth in subsection (a) determined to be 14 associated with a cost covered in subsection (b) not less 15 than 30 days prior to making such change.’’. 16 (b) CLERICAL AMENDMENT.—The table of sections 17 at the beginning of such chapter is amended by inserting 18 after the item relating to section 8691 the following new 19 item: 20 ‘‘§ 8692. Ford-class aircraft carrier cost limitation baselines.’’. (c) REPEAL OF SUPERSEDED PROVISION.—Section 21 122 of the John Warner National Defense Authorization 22 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 23 2104) is repealed. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 35 •S 1790 RS SEC. 124. DESIGN AND CONSTRUCTION OF AMPHIBIOUS 1 TRANSPORT DOCK DESIGNATED LPD–31. 2 (a) IN GENERAL.—The Secretary of the Navy may 3 enter into a contract for the design and construction of 4 the amphibious transport dock designated LPD–31 using 5 amounts authorized to be appropriated for the Depart- 6 ment of Defense for Shipbuilding and Conversion, Navy. 7 (b) USE OF INCREMENTAL FUNDING.—With respect 8 to the contract entered into under subsection (a), the Sec- 9 retary may use incremental funding to make payments 10 under the contract with amounts authorized to be appro- 11 priated in fiscal years 2019, 2020, and 2021. 12 (c) CONDITION FOR OUT-YEAR CONTRACT PAY- 13 MENTS.—The contract entered into under subsection (a) 14 shall provide that any obligation of the United States to 15 make a payment under such contract for any fiscal year 16 after fiscal year 2020 is subject to the availability of ap- 17 propriations for that purpose for such fiscal year. 18 SEC. 125. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP 19 PROGRAM. 20 (a) AUTHORITY TO USE INCREMENTAL FUNDING.— 21 The Secretary of the Navy may enter into and incremen- 22 tally fund a contract for detail design and construction 23 of the LHA replacement ship designated LHA 9 and, sub- 24 ject to subsection (b), funds for payments under the con- 25 tract may be provided from amounts authorized to be ap- 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 36 •S 1790 RS propriated for the Department of Defense for Shipbuilding 1 and Conversion, Navy, for fiscal years 2019 through 2025. 2 (b) CONDITION FOR OUT-YEAR CONTRACT PAY- 3 MENTS.—A contract entered into under subsection (a) 4 shall provide that any obligation of the United States to 5 make a payment under the contract for any subsequent 6 fiscal year is subject to the availability of appropriations 7 for that purpose for such subsequent fiscal year. 8 (c) REPEAL OF OBSOLETE AUTHORITY.—Section 9 125 of the John Warner National Defense Authorization 10 Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 11 2106) is repealed. 12 SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR 13 THE LITTORAL COMBAT SHIP. 14 (a) LIMITATION.—None of the amounts authorized to 15 be appropriated by this Act or otherwise made available 16 for the Department of Defense for fiscal year 2020 may 17 be used to exceed the total procurement quantity listed 18 in revision five of the Littoral Combat Ship acquisition 19 strategy unless the Under Secretary of Defense for Acqui- 20 sition and Sustainment submits to the congressional de- 21 fense committees the certification described in subsection 22 (b). 23 (b) CERTIFICATION.—The certification described in 24 this subsection is a certification by the Under Secretary 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 37 •S 1790 RS that awarding a contract for the procurement of a Littoral 1 Combat Ship that exceeds the total procurement quantity 2 listed in revision five of the Littoral Combat Ship acquisi- 3 tion strategy— 4 (1) is in the national security interests of the 5 United States; 6 (2) will not result in exceeding the low-rate ini- 7 tial production quantity approved in the Littoral 8 Combat Ship acquisition strategy in effect as of the 9 date of the certification; and 10 (3) is necessary to maintain a full and open 11 competition for the Guided Missile Frigate 12 (FFG(X)) with a single source award in fiscal year 13 2020. 14 (c) DEFINITION.—The term ‘‘revision five of the Lit- 15 toral Combat Ship acquisition strategy’’ means the fifth 16 revision of the Littoral Combat Ship acquisition strategy 17 approved by the Under Secretary of Defense for Acquisi- 18 tion and Sustainment on March 26, 2018. 19 SEC. 127. LIMITATION ON THE NEXT NEW CLASS OF NAVY 20 LARGE SURFACE COMBATANTS. 21 (a) IN GENERAL.—Milestone B approval may not be 22 granted for the next new class of Navy large surface com- 23 batants unless the class of Navy large surface combatants 24 incorporates prior to such approval— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 38 •S 1790 RS (1) design changes identified during the full du- 1 ration of the combat system ship qualification trials 2 and operational test periods of the first Arleigh 3 Burke-class destroyer in the Flight III configuration 4 to complete such events; and 5 (2) final results of test programs of engineering 6 development models or prototypes for critical sys- 7 tems specified by the Senior Technical Authority 8 pursuant to section 8669b of title 10, United States 9 Code, as added by section 1017 of this Act, in their 10 final form, fit, and function and in a realistic envi- 11 ronment, which shall include a land-based engineer- 12 ing site if the propulsion system will utilize inte- 13 grated electric power technology, including electric 14 drive propulsion. 15 (b) LIMITATION.—The Secretary of the Navy may 16 not release a detail design or construction request for pro- 17 posals or obligate funds from the Shipbuilding and Con- 18 version, Navy account for the next new class of Navy large 19 surface combatants until the class of Navy large surface 20 combatants receives Milestone B approval and the mile- 21 stone decision authority notifies the congressional defense 22 committees, in writing, of the actions taken to comply with 23 the requirements under subsection (a). 24 (c) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 39 •S 1790 RS (1) The term ‘‘Milestone B approval’’ has the 1 meaning given the term in section 2366(e)(7) of title 2 10, United States Code. 3 (2) The term ‘‘milestone decision authority’’ 4 means the official within the Department of Defense 5 designated with the overall responsibility and au- 6 thority for acquisition decisions for the program, in- 7 cluding authority to approve entry of the program 8 into the next phase of the acquisition process. 9 (3) The term ‘‘large surface combatants’’ 10 means Navy surface ships that are designed pri- 11 marily to engage in attacks against airborne, sur- 12 face, subsurface, and shore targets, excluding frig- 13 ates and littoral combat ships. 14 SEC. 128. REFUELING AND COMPLEX OVERHAULS OF THE 15 U.S.S. JOHN C. STENNIS AND U.S.S. HARRY S. 16 TRUMAN. 17 (a) REFUELING AND COMPLEX OVERHAUL.—The 18 Secretary of the Navy shall carry out the nuclear refueling 19 and complex overhaul of the U.S.S. John C. Stennis 20 (CVN–74) and U.S.S. Harry S. Truman (CVN–75). 21 (b) USE OF INCREMENTAL FUNDING.—With respect 22 to any contract entered into under subsection (a) for the 23 nuclear refueling and complex overhauls of the U.S.S. 24 John C. Stennis (CVN–74) and U.S.S. Harry S. Truman 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 40 •S 1790 RS (CVN–75), the Secretary may use incremental funding for 1 a period not to exceed six years after advance procurement 2 funds for such nuclear refueling and complex overhaul ef- 3 fort are first obligated. 4 (c) CONDITION FOR OUT-YEAR CONTRACT PAY- 5 MENTS.—Any contract entered into under subsection (a) 6 shall provide that any obligation of the United States to 7 make a payment under the contract for a fiscal year after 8 fiscal year 2020 is subject to the availability of appropria- 9 tions for that purpose for that later fiscal year. 10 SEC. 129. REPORT ON CARRIER WING COMPOSITION. 11 (a) IN GENERAL.—Not later than May 1, 2020, the 12 Secretary of the Navy shall submit to the congressional 13 defense committees a report on the optimal composition 14 of the carrier air wing in 2030 and 2040, including alter- 15 native force design concepts. 16 (b) ELEMENTS.—The report required under sub- 17 section (a) shall include the following elements: 18 (1) Analysis and justification for the Navy’s 19 stated goal of a 50/50 mix of 4th and 5th generation 20 aircraft for 2030. 21 (2) Analysis and justification for an optimal 22 mix of carrier aircraft for 2040. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 41 •S 1790 RS (3) A plan for incorporating unmanned aerial 1 vehicles and associated communication capabilities to 2 effectively implement the future force design. 3 (c) BRIEFING.—Not later than March 1, 2020, the 4 Secretary of the Navy shall provide the congressional de- 5 fense committees a briefing on the report required under 6 subsection (a). 7 Subtitle D—Air Force Programs 8 SEC. 141. REQUIREMENT TO ALIGN AIR FORCE FIGHTER 9 FORCE STRUCTURE WITH NATIONAL DE- 10 FENSE STRATEGY AND REPORTS. 11 (a) REQUIRED SUBMISSION OF STRATEGY.—Not 12 later than March 1, 2020, the Secretary of the Air Force 13 shall submit to the congressional defense committees a 14 fighter force structure acquisition strategy that is aligned 15 with the results of the reports submitted under subtitle 16 D of title I of the National Defense Authorization Act for 17 Fiscal Year 2018 (Public Law 115–91) and the Air 18 Force’s stated requirements to meet the National Defense 19 Strategy. 20 (b) ALIGNMENT WITH STRATEGY.—The Secretary of 21 the Air Force may not deviate from the strategy submitted 22 under subsection (a) until— 23 (1) the Secretary receives a waiver and jus- 24 tification from the Secretary of Defense; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 42 •S 1790 RS (2) 30 days after notifying the congressional 1 defense committees of the proposed deviation. 2 SEC. 142. REQUIREMENT TO ESTABLISH THE USE OF AN 3 AGILE DEVOPS SOFTWARE DEVELOPMENT 4 SOLUTION AS AN ALTERNATIVE FOR JOINT 5 STRIKE FIGHTER AUTONOMIC LOGISTICS IN- 6 FORMATION SYSTEM. 7 (a) ESTABLISHMENT OF AN ALTERNATIVE AGILE 8 DEVOPS SOFTWARE DEVELOPMENT PROGRAM.—The 9 Secretary of Defense shall establish a software develop- 10 ment activity using Agile DevOps to create an alternative 11 solution for the Joint Strike Fighter Autonomic Logistics 12 Information System (ALIS). 13 (b) COMPETITIVE ANALYSIS.—The Secretary of De- 14 fense shall carry out a competitive analysis of the efforts 15 between Autonomic Logistics Information System, Auto- 16 nomic Logistics Information System–Next, and 17 Madhatter, including with respect to transition opportuni- 18 ties and timelines. 19 (c) BRIEFING.—Not later than September 30, 2020, 20 the Secretary of Defense, in consultation with the Sec- 21 retary of the Air Force, shall provide the congressional 22 defense committees a briefing on the findings of the Sec- 23 retary of Defense with respect to the competitive analysis 24 carried out under subsection (b). 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 43 •S 1790 RS SEC. 143. REPORT ON FEASIBILITY OF MULTIYEAR CON- 1 TRACT FOR PROCUREMENT OF JASSM–ER 2 MISSILES. 3 (a) IN GENERAL.—Not later than March 31, 2020, 4 the Secretary of the Air Force shall submit a report to 5 the congressional defense committees assessing the feasi- 6 bility of entering into a multiyear contract for procure- 7 ment of JASSM–ER missiles starting in fiscal year 2022. 8 (b) ELEMENTS.—The report required under sub- 9 section (a) shall include the following elements: 10 (1) An initial assessment of cost savings to the 11 Air Force from a multiyear contract. 12 (2) An analysis of at least two different 13 multiyear contract options that vary in either dura- 14 tion or quantity, at least one of which assumes a 15 maximum procurement of 550 missiles per year for 16 5 years. 17 (3) An assessment of how a multiyear contract 18 will impact the industrial base. 19 (4) An assessment of how a multiyear contract 20 will impact the Long Range Anti-Ship Missile. 21 (5) An assessment of how a multiyear contract 22 will impact the ability of the Air Force to develop 23 additional capabilities for the JASSM–ER missile. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 44 •S 1790 RS SEC. 144. AIR FORCE AGGRESSOR SQUADRON MODERNIZA- 1 TION. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that— 4 (1) it is critical that the Air Force has the ca- 5 pability to train against an advanced air adversary 6 in order to be prepared for conflicts against a mod- 7 ern enemy force, and that in order to have this capa- 8 bility, the Air Force must have access to an ad- 9 vanced adversary force prior to United States adver- 10 saries fielding a 5th-generation operational capa- 11 bility; and 12 (2) the Air Force’s plan to use low-rate initial 13 production F–35As as aggressor aircraft reflects a 14 recognition of the need to field a modernized aggres- 15 sor fleet. 16 (b) REPORT.— 17 (1) IN GENERAL.—The Secretary of the Air 18 Force may not transfer any low-rate initial produc- 19 tion F–35 aircraft for use as aggressor aircraft until 20 the Chief of Staff of the Air Force submits to the 21 congressional defense committees a comprehensive 22 plan and report on the strategy for modernizing its 23 organic aggressor fleet. 24 (2) ELEMENTS.—The report required under 25 paragraph (1) shall include the following elements: 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 45 •S 1790 RS (A) Potential locations for F–35A aggres- 1 sor aircraft, including an analysis of installa- 2 tions that— 3 (i) have the size and availability of 4 airspace necessary to meet flying oper- 5 ations requirements; 6 (ii) have sufficient capacity and avail- 7 ability of range space; 8 (iii) are capable of hosting advanced- 9 threat training exercises; and 10 (iv) meet or require minimal addition 11 to the environmental requirements associ- 12 ated with the basing action. 13 (B) An analysis of the potential cost and 14 benefits of expanding aggressor squadrons cur- 15 rently operating 18 Primary Assigned Aircraft 16 (PAA) to a level of 24 PAA each. 17 (C) An analysis of the cost and timelines 18 associated with modernizing the current Air 19 Force aggressor squadrons to include upgrading 20 aircraft radar, infrared search-and-track sys- 21 tems, radar warning receiver, tactical datalink, 22 threat-representative jamming pods, and other 23 upgrades necessary to provide a realistic ad- 24 vanced adversary threat. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 46 •S 1790 RS SEC. 145. AIR FORCE PLAN FOR COMBAT RESCUE HELI- 1 COPTER FIELDING. 2 (a) SENSE OF CONGRESS.—It is the sense of Con- 3 gress that, given delays to Operational Loss Replacement 4 (OLR) program fielding and the on-time fielding of Com- 5 bat Rescue Helicopter (CRH), the Air National Guard 6 should retain additional HH–60G helicopters at Air Na- 7 tional Guard locations to meet their recommended primary 8 aircraft authorized (PAA) per the Air Force’s June 2018 9 report on Air National Guard HH–60 requirements. 10 (b) REPORT ON FIELDING PLAN.— 11 (1) IN GENERAL.—Not later than 45 days after 12 the date of the enactment of this Act, the Secretary 13 of the Air Force shall submit to the congressional 14 defense committees a report on its fielding plan for 15 the CRH program. 16 (2) ELEMENTS.—The report required under 17 paragraph (1) shall include the following elements: 18 (A) A description of the differences in ca- 19 pabilities between the HH–60G, OLR, and 20 CRH helicopters. 21 (B) A description of the costs and risks as- 22 sociated with changing the CRH fielding plan 23 to reduce or eliminate inventory shortfalls. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 47 •S 1790 RS (C) A description of the measures for ac- 1 celerating the program available within the cur- 2 rent contract. 3 (D) A description of the operational risks 4 and benefits associated with fielding the CRH 5 to the active component first, including— 6 (i) how the differing fielding plan may 7 affect deployment schedules; 8 (ii) what capabilities active-component 9 units deploying with the CRH will have 10 that reserve component units deploying 11 with OLR will not; and 12 (iii) an analysis of the potential costs 13 and benefits that could result from accel- 14 erating CRH fielding to all units through 15 additional funding in the future years de- 16 fense program. 17 (c) REPORT ON TRAINING PLAN.— 18 (1) IN GENERAL.—Not later than 45 days after 19 the date of the enactment of this Act, the Secretary 20 of the Air Force shall submit to the congressional 21 defense committees a report on the plan to sustain 22 training for initial-entry reserve component HH– 23 60G pilots once the active component of the Air 24 Force has received all of its CRH helicopters. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 48 •S 1790 RS (2) ELEMENTS.—The report required under 1 paragraph (1) shall include the following elements: 2 (A) Projected reserve component aircrew 3 initial HH–60G/OLR qualification training re- 4 quirements, by year. 5 (B) The number of legacy HH–60G/OLR 6 helicopters required to continue providing initial 7 HH–60G qualification training through the 8 150th Special Operations Wing at Kirtland Air 9 Force Base. 10 (C) The number of personnel required to 11 continue providing initial HH–60G/OLR quali- 12 fication training through the 150th Special Op- 13 erations Wing at Kirtland Air Force Base. 14 (D) The number of flying hours required 15 per pilot to perform ‘‘differences training’’ at 16 home station for initial entry HH–60 pilots re- 17 ceiving CRH training at Kirtland Air Force 18 Base to become qualified in the HH–60G/OLR 19 at their home station. 20 (E) The projected effect of using local fly- 21 ing training hours at reserve component units 22 on overall unit training readiness and ability to 23 meet Ready Aircrew Program requirements. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 49 •S 1790 RS SEC. 146. MILITARY TYPE CERTIFICATION FOR AT–6 AND A– 1 29 LIGHT ATTACK EXPERIMENTATION AIR- 2 CRAFT. 3 The Secretary of the Air Force shall conduct a mili- 4 tary type certification for the AT–6 and A–29 light attack 5 experimentation aircraft pursuant to the DoD Directive 6 on Military Type Certificates, 5030.61. 7 Subtitle E—Defense-wide, Joint, 8 and Multiservice Matters 9 SEC. 151. LIMITATION ON AVAILABILITY OF FUNDS FOR 10 COMMUNICATIONS SYSTEMS LACKING CER- 11 TAIN RESILIENCY FEATURES. 12 (a) IN GENERAL.—Except as provided under sub- 13 section (b), none of the funds authorized to be appro- 14 priated by this Act or otherwise made available for the 15 Department of Defense for fiscal year 2020 may be used 16 for the procurement of a current or future Department 17 of Defense communication program of record unless the 18 communications equipment— 19 (1) provides the ability to deny geolocation of a 20 transmission that would allow enemy targeting of 21 the force; 22 (2) provides the ability to securely communicate 23 classified information in a jamming environment of 24 like-echelon forces; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 50 •S 1790 RS (3) utilizes a waveform that is made available 1 in the Department of Defense Waveform Informa- 2 tion Repository. 3 (b) WAIVER.—The Secretary of a military depart- 4 ment may waive the requirement under subsection (a) with 5 respect to a communications system upon certifying to the 6 congressional defense committees that the system will not 7 require resiliency due to its expected use. 8 SEC. 152. F–35 SUSTAINMENT COST. 9 (a) QUARTERLY REPORT.—The Under Secretary of 10 Defense for Acquisition and Sustainment shall include in 11 the quarterly report required under section 155 of the 12 John S. McCain National Defense Authorization Act for 13 Fiscal Year 2019 (Public Law 115–232)— 14 (1) sustainment cost data related to the F–35 15 program, including a comparison in itemized format 16 of the cost of legacy aircraft and the cost of the F– 17 35 program, based on a standardized set of criteria; 18 and 19 (2) a progress report on the extent to which the 20 goals developed pursuant to subsection (b) are being 21 achieved. 22 (b) COST REDUCTION PLAN.— 23 (1) IN GENERAL.—The Under Secretary of De- 24 fense for Acquisition and Sustainment shall develop 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 51 •S 1790 RS a plan for achieving significant reductions in the 1 cost to operate and maintain the F–35 aircraft. 2 (2) ELEMENTS.—The plan required under 3 paragraph (1) shall include the following elements: 4 (A) Specific changes in the management of 5 operation and support (O&S) cost to engender 6 continuous process improvement. 7 (B) Specific actions the Department will 8 implement in the near term to reduce O&S cost. 9 (C) Concrete timelines for implementing 10 the specific actions and process changes. 11 (3) REPORT.—Not later than 180 days after 12 the date of the enactment of this Act, the Under 13 Secretary shall submit to the congressional defense 14 committees a report on the baseline plan for achiev- 15 ing operation and support cost savings. 16 SEC. 153. ECONOMIC ORDER QUANTITY CONTRACTING AU- 17 THORITY FOR F–35 JOINT STRIKE FIGHTER 18 PROGRAM. 19 The Secretary of Defense is authorized to award 20 multiyear contracts for the procurement of F–35 aircraft 21 in economic order quantities for fiscal year 2021 (Lot 15) 22 through fiscal year 2023 (Lot 17). 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 52 •S 1790 RS SEC. 154. REPEAL OF TACTICAL UNMANNED VEHICLE COM- 1 MON DATA LINK REQUIREMENT. 2 Section 141 of the National Defense Authorization 3 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 4 3163) is hereby repealed. 5 TITLE II—RESEARCH, DEVELOP- 6 MENT, TEST, AND EVALUA- 7 TION 8 Subtitle A—Authorization of 9 Appropriations 10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 11 Funds are hereby authorized to be appropriated for 12 fiscal year 2020 for the use of the Department of Defense 13 for research, development, test, and evaluation, as speci- 14 fied in the funding table in section 4201. 15 Subtitle B—Program Require- 16 ments, Restrictions, and Limita- 17 tions 18 SEC. 211. DEVELOPMENT AND ACQUISITION STRATEGY TO 19 PROCURE SECURE, LOW PROBABILITY OF DE- 20 TECTION DATA LINK NETWORK CAPABILITY. 21 (a) STRATEGY REQUIRED.—Not later than March 1, 22 2020, the Chief of Staff of the Air Force and Chief of 23 Naval Operations shall jointly submit to the congressional 24 defense committees a joint development and acquisition 25 strategy to procure a secure, low probability of detection 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 53 •S 1790 RS data link network capability, with the ability to effectively 1 operate in hostile jamming environments while preserving 2 the low observability characteristics of the relevant plat- 3 forms, including both existing and planned platforms. 4 (b) NETWORK CHARACTERISTICS.—The data link 5 network capability to be procured pursuant to the develop- 6 ment and acquisition strategy submitted under subsection 7 (a) shall— 8 (1) ensure that any network made with such ca- 9 pability will be low risk and affordable, with minimal 10 impact or change to existing host platforms and 11 minimal overall integration costs; 12 (2) use a non-proprietary and open systems ap- 13 proach compatible with the Rapid Capabilities Office 14 Open Mission Systems initiative of the Air Force 15 and the Future Airborne Capability Environment 16 initiative of the Navy; and 17 (3) provide for an architecture to connect, with 18 operationally relevant throughput and latency— 19 (A) fifth-generation combat aircraft; 20 (B) fifth-generation and fourth-generation 21 combat aircraft; 22 (C) fifth-generation and fourth-generation 23 combat aircraft and appropriate support air- 24 craft and other network nodes for command, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 54 •S 1790 RS control, communications, intelligence, surveil- 1 lance, and reconnaissance purposes; and 2 (D) fifth-generation and fourth-generation 3 combat aircraft and their associated network- 4 enabled precision weapons. 5 (c) LIMITATION.—Of the funds authorized to be ap- 6 propriated by this Act or otherwise made available for fis- 7 cal year 2020 for operation and maintenance for the Of- 8 fice of the Secretary of the Air Force and for operations 9 and maintenance for the Office of the Secretary of the 10 Navy, not more than 50 percent may be obligated or ex- 11 pended until the date that is 15 days after the date on 12 which the Chief of Staff of the Air Force and Chief of 13 Naval Operations submit the development and acquisition 14 strategy required by subsection (a). 15 SEC. 212. ESTABLISHMENT OF SECURE NEXT-GENERATION 16 WIRELESS NETWORK (5G) INFRASTRUCTURE 17 FOR THE NEVADA TEST AND TRAINING 18 RANGE AND BASE INFRASTRUCTURE. 19 (a) ESTABLISHMENT REQUIRED.—Not later than 20 one year after the date of the enactment of this Act, the 21 Secretary of Defense shall establish secure fifth-generation 22 wireless network components and capabilities at no fewer 23 than two Department of Defense installations in accord- 24 ance with this section. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 55 •S 1790 RS (b) FIRST INSTALLATION.— 1 (1) LOCATION.—The Secretary shall establish 2 components and capabilities under subsection (a) at 3 the Nevada Test and Training Range, which shall 4 serve as the Department’s Major Range and Test 5 Facility Base (MRTFB) for fifth-generation wireless 6 networking. 7 (2) OBJECTIVE.—The Secretary shall ensure 8 that the establishment of components and capabili- 9 ties under subsection (a) at the range described in 10 paragraph (1) of this subsection will allow the De- 11 partment to explore and demonstrate the utility of 12 using fifth-generation wireless networking technology 13 to enhance combat operations. 14 (3) PURPOSE.—The purpose of the establish- 15 ment of components and capabilities under sub- 16 section (a) at the range described in paragraph (1) 17 of this subsection is to demonstrate the following: 18 (A) The potential military utility of high 19 bandwidth, scalable, and low latency fifth-gen- 20 eration wireless networking technology. 21 (B) Advanced security technology that is 22 applicable to fifth-generation networks as well 23 as legacy Department command and control 24 networks. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 56 •S 1790 RS (C) Secure interoperability with fixed and 1 wireless systems (legacy and future systems). 2 (D) Enhancements such as spectrum and 3 waveform diversity, frequency hopping and 4 spreading, and beam forming for military re- 5 quirements. 6 (E) Technology for dynamic network slic- 7 ing for specific use cases and applications re- 8 quiring varying levels of latency, scale, and 9 throughput. 10 (F) Technology for dynamic spectrum 11 sharing and network isolation. 12 (c) SECOND AND ADDITIONAL INSTALLATIONS.— 13 (1) LOCATION.—The location of the second and 14 any additional installations for establishment of 15 components and capabilities under subsection (a) 16 shall be at such Department installation or installa- 17 tions as the Secretary considers appropriate for the 18 purpose set forth in paragraph (2) of this sub- 19 section. 20 (2) PURPOSES.—The purpose of the second and 21 any additional installations for establishment of 22 components and capabilities under subsection (a) is 23 to explore and demonstrate infrastructure implemen- 24 tations of the following: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 57 •S 1790 RS (A) Base infrastructure installation of high 1 bandwidth, scalable, and low latency fifth-gen- 2 eration wireless networking technology. 3 (B) Applications for secure fifth-generation 4 wireless network capabilities for the Depart- 5 ment, such as the following: 6 (i) Interactive augmented reality or 7 synthetic training environments. 8 (ii) Internet of things devices. 9 (iii) Autonomous systems. 10 (iv) Advanced manufacturing through 11 the following: 12 (I) Department-sponsored centers 13 for manufacturing innovation (as de- 14 fined in section 34(c) of the National 15 Institute of Standards and Tech- 16 nology Act (15 U.S.C. 278s(c))). 17 (II) Department research and de- 18 velopment organizations. 19 (III) Manufacturers in the de- 20 fense industrial base of the United 21 States. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 58 •S 1790 RS SEC. 213. LIMITATION AND REPORT ON INDIRECT FIRE 1 PROTECTION CAPABILITY INCREMENT 2 EN- 2 DURING CAPABILITY. 3 (a) LIMITATION AND REPORT.—None of the funds 4 authorized to be appropriated by this Act or otherwise 5 made available for fiscal year 2020 for the Army may be 6 obligated or expended for research, development, test, and 7 evaluation for the Indirect Fire Protection Capability In- 8 crement 2 enduring capability until the Secretary of the 9 Army submits to the congressional defense committees a 10 report on the Indirect Fire Protection Capability Incre- 11 ment 2 program that contains the following: 12 (1) An assessment of whether the requirements 13 previously established for the program meet the an- 14 ticipated threat at the time of planned initial oper- 15 ating capability and fully operating capability. 16 (2) A list of candidate systems considered to 17 meet the Indirect Fire Protection Capability Incre- 18 ment 2 requirement, including those fielded or in de- 19 velopment by the Army, the Missile Defense Agency, 20 and other elements of the Department of Defense. 21 (3) An assessment of each candidate system’s 22 capability against representative threats. 23 (4) An assessment of other relevant specifica- 24 tions of each candidate system, including cost of de- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 59 •S 1790 RS velopment, cost per round if applicable, technological 1 maturity, and logistics and sustainment. 2 (5) A plan for how the Army will integrate the 3 chosen system or systems into the Integrated Air 4 and Missile Defense Battle Command System. 5 (b) CERTIFICATION REQUIRED.—Not later than 10 6 days after the date on which the President submits the 7 annual budget request of the President for fiscal year 8 2021 pursuant to section 1105 of title 31, United States 9 Code, the Secretary of the Army shall, without delegation, 10 submit to the congressional defense committees a certifi- 11 cation that identifies a program of record contained within 12 that budget request that will meet the requirement in De- 13 partment of Defense Directive 5100.01 to conduct air and 14 missile defense to support joint campaigns as it applies 15 to defense against supersonic cruise missiles. 16 SEC. 214. ELECTROMAGNETIC SPECTRUM SHARING RE- 17 SEARCH AND DEVELOPMENT PROGRAM. 18 (a) PROGRAM ESTABLISHMENT.—The Secretary of 19 Defense, in consultation with the Administrator of the Na- 20 tional Telecommunications and Information Administra- 21 tion, and the Federal Communications Commission shall 22 jointly establish an electromagnetic spectrum sharing re- 23 search and development program to promote the establish- 24 ment of innovative technologies and techniques to facili- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 60 •S 1790 RS tate electromagnetic spectrum sharing between fifth-gen- 1 eration wireless networking technologies, Federal systems, 2 and other non-Federal incumbent systems. 3 (b) ESTABLISHMENT OF TEST BEDS.— 4 (1) IN GENERAL.—Not later than 180 days 5 after the date of the enactment of this Act, the Sec- 6 retary, in coordination with the Administrator and 7 the Commission, shall, as part of the program estab- 8 lished under subsection (a), establish at least two 9 test beds to demonstrate the potential for cohabita- 10 tion between fifth-generation wireless networking 11 technologies, other incumbent non-Federal systems, 12 and Federal systems. 13 (2) CO-LOCATION OF TEST BEDS.—The test 14 beds established under paragraph (1) may be co-lo- 15 cated, if a single geographic location can provide a 16 sufficient diversity of Federal systems. If not, test 17 beds established under this subsection shall coordi- 18 nate to share results and best practices identified in 19 each location. 20 (c) DEVELOPMENT OF DEPARTMENT OF DEFENSE 21 INTEGRATED SPECTRUM AUTOMATION ENTERPRISE 22 STRATEGY.— 23 (1) IN GENERAL.—Not later than May 1, 2020, 24 the Secretary and the Administrator of the National 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 61 •S 1790 RS Telecommunications and Information Administra- 1 tion, in consultation with the Federal Communica- 2 tions Commission, shall jointly propose an integrated 3 spectrum automation enterprise strategy for the De- 4 partment of Defense to address management of elec- 5 tromagnetic spectrum, including both Federal and 6 non-Federal spectrum that is shared by the Depart- 7 ment of Defense or could be used for national secu- 8 rity missions in the future, including on a shared 9 basis. 10 (2) MATTERS ENCOMPASSED.—The strategy de- 11 veloped under subparagraph (A) shall encompass 12 cloud-based databases, artificial intelligence, system 13 certification processes, public facing application pro- 14 gramming interfaces and online tools, and electro- 15 magnetic spectrum compatibility analyses for shar- 16 ing of electromagnetic spectrum. 17 (d) PERIODIC BRIEFINGS.—Not later than 180 days 18 after the date of the enactment of this Act and not less 19 frequently than once every 180 days thereafter until the 20 Secretary submits the report required by subsection (e), 21 the Secretary, in consultation with the Administrator and 22 the Commission, shall brief the appropriate committees of 23 Congress on the progress of the test beds established 24 under subsection (b). 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 62 •S 1790 RS (e) REPORT.— 1 (1) IN GENERAL.—Not later than October 1, 2 2022, the Secretary, in consultation with the Admin- 3 istrator and the Commission, shall submit to the ap- 4 propriate committees of Congress a report on the re- 5 sults of the test beds established under subsection 6 (b). 7 (2) RECOMMENDATIONS.—The report sub- 8 mitted under paragraph (1) shall include rec- 9 ommendations to facilitate sharing frameworks in 10 the bands of electromagnetic spectrum that are the 11 subject of the test beds. 12 (f) APPROPRIATE COMMITTEES OF CONGRESS.—In 13 this subsection, the term ‘‘appropriate committees of Con- 14 gress’’ means— 15 (1) the Committee on Armed Services and the 16 Committee on Commerce, Science, and Transpor- 17 tation of the Senate; and 18 (2) the Committee on Armed Services and the 19 Committee on Energy and Commerce of the House 20 of Representatives. 21 SEC. 215. SENSE OF THE SENATE ON THE ADVANCED BAT- 22 TLE MANAGEMENT SYSTEM. 23 It is the sense of the Senate that— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 63 •S 1790 RS (1) the Senate supports the vision of the Air 1 Force for the Advanced Battle Management System 2 (ABMS) as a system of systems that can integrate 3 air, space, and other systems to detect, track, target, 4 and direct effects against threats in all domains; 5 (2) such a capability will be essential to the 6 ability of the Air Force to operate effectively as part, 7 and in support, of the Joint Force, especially in the 8 highly-contested operating environments established 9 by near-peer competitors; 10 (3) the Senate is concerned that the Air Force 11 has not moved quickly enough over the past year to 12 begin defining the requirements and maturing the 13 technologies that will be essential for the Advanced 14 Battle Management System, especially in light of the 15 pending retirement of the Joint Surveillance and 16 Target Attack Radar System (JSTARS) aircraft 17 that the Advanced Battle Management System is 18 conceived, in part, to replace; 19 (4) the Senate understands that the Air Force 20 is moving deliberately to analyze alternative concepts 21 for the Advanced Battle Management System and 22 adopt an architectural approach to its design; 23 (5) the Advanced Battle Management System, 24 as a multidomain system of systems, must have a 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 64 •S 1790 RS central command and control capability that can in- 1 tegrate these systems into a unified warfighting ca- 2 pability; 3 (6) emerging technologies, such as artificial in- 4 telligence and automated sensor fusion, should be 5 built into the command and control capability for 6 the Advanced Battle Management System from the 7 start; 8 (7) such technologies would improve the ability 9 of the Advanced Battle Management System to sup- 10 port human operators with— 11 (A) the rapid processing and fusion of 12 multidomain sensor data; 13 (B) the highly-automated identification, 14 classification, tracking, and targeting of threats 15 in all domains; 16 (C) the creation of a real-time common op- 17 erating picture from multidomain intelligence; 18 and the ability to direct effects on the battle- 19 field at machine-to-machine speeds from all of 20 the systems comprising the Advanced Battle 21 Management System; and 22 (8) for an effort as ambitious and complex as 23 the Advanced Battle Management System, the Sen- 24 ate encourages the Air Force to use existing acquisi- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 65 •S 1790 RS tion authorities to begin a rapid prototyping effort 1 to refine the requirements and software-intensive 2 technologies that will be integral to the command 3 and control capability of the Advanced Battle Man- 4 agement System. 5 SEC. 216. MODIFICATION OF PROOF OF CONCEPT COMMER- 6 CIALIZATION PROGRAM. 7 (a) MAKING THE PROGRAM PERMANENT.— 8 (1) IN GENERAL.—Section 1603 of the Na- 9 tional Defense Authorization Act for Fiscal Year 10 2014 (Public Law 113–66; 10 U.S.C. 2359 note) is 11 amended by striking subsection (g). 12 (2) CONFORMING AMENDMENTS.—Such section 13 is further amended— 14 (A) in the section heading, by striking 15 ‘‘PILOT’’; 16 (B) in subsection (a)— 17 (i) by striking ‘‘PILOT’’; and 18 (ii) by striking ‘‘Pilot’’; and 19 (C) by striking ‘‘pilot’’ each place it ap- 20 pears. 21 (b) ADDITIONAL IMPROVEMENTS.—Such section, as 22 amended by subsection (a), is further amended— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 66 •S 1790 RS (1) in the section heading, by inserting ‘‘OF 1 DUAL-USE TECHNOLOGY’’ after ‘‘COMMER- 2 CIALIZATION’’; 3 (2) in subsection (a)— 4 (A) by inserting ‘‘of Dual-Use Technology’’ 5 before ‘‘Program’’; and 6 (B) by inserting ‘‘with a focus on priority 7 defense technology areas that attract public and 8 private sector funding, as well as private sector 9 investment capital, including from venture cap- 10 ital firms in the United States,’’ before ‘‘in ac- 11 cordance’’; 12 (3) in subsection (c)(4)(A)(iv), by inserting ‘‘, 13 which may include access to venture capital’’ after 14 ‘‘award’’; 15 (4) by striking subsection (d); 16 (5) by redesignating subsection (e) as sub- 17 section (d); 18 (6) by striking subsection (f); and 19 (7) by adding at the end the following new sub- 20 section (e): 21 ‘‘(e) AUTHORITIES.—In carrying out this section, the 22 Secretary may use the following authorities: 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 67 •S 1790 RS ‘‘(1) Section 1599g of title 10 of the United 1 States Code, relating to public-private talent ex- 2 changes. 3 ‘‘(2) Section 2368 of such title, relating to Cen- 4 ters for Science, Technology, and Engineering Part- 5 nerships. 6 ‘‘(3) Section 2374a of such title, relating to 7 prizes for advanced technology achievements. 8 ‘‘(4) Section 2474 of such title, relating to Cen- 9 ters of Industrial and Technical Excellence. 10 ‘‘(5) Section 2521 of such title, relating to the 11 Manufacturing Technology Program. 12 ‘‘(6) Section 225 of the National Defense Au- 13 thorization Act for Fiscal Year 2018 (Public Law 14 115–91; 10 U.S.C. 2359 note). 15 ‘‘(7) Section 1711 of such Act (Public Law 16 115–91; 10 U.S.C. 2505 note), relating to a pilot 17 program on strengthening manufacturing in the de- 18 fense industrial base. 19 ‘‘(8) Section 12 of the Stevenson-Wydler Tech- 20 nology Innovation Act of 1980 (15 U.S.C. 3710a) 21 and section 6305 of title 31, United States Code, re- 22 lating to cooperative research and development 23 agreements.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 68 •S 1790 RS SEC. 217. MODIFICATION OF DEFENSE QUANTUM INFORMA- 1 TION SCIENCE AND TECHNOLOGY RESEARCH 2 AND DEVELOPMENT PROGRAM. 3 Section 234 of the John S. McCain National Defense 4 Authorization Act for Fiscal Year 2019 (Public Law 115– 5 232) is amended— 6 (1) in subsection (b)— 7 (A) in paragraph (2)— 8 (i) by inserting ‘‘and international’’ 9 after ‘‘interagency’’; and 10 (ii) by striking ‘‘private sector’’ insert- 11 ing ‘‘private-sector and international’’; and 12 (B) in paragraph (6), by inserting ‘‘, work- 13 force,’’ after ‘‘including facilities’’; 14 (2) in subsection (c)— 15 (A) in paragraph (2), by striking 16 ‘‘sciences;’’ and inserting the following: 17 ‘‘sciences, including through coordination 18 with— 19 ‘‘(A) the National Quantum Coordination 20 Office; 21 ‘‘(B) the National Science and Technology 22 Council Quantum Information Science Sub- 23 committee; 24 ‘‘(C) other Federal agencies; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 69 •S 1790 RS ‘‘(D) other elements and offices of the De- 1 partment of Defense; and 2 ‘‘(E) appropriate private-sector organiza- 3 tions;’’; 4 (B) in paragraph (3), by striking ‘‘and’’ at 5 the end; 6 (C) by redesignating paragraph (4) as 7 paragraph (5); and 8 (D) by inserting after paragraph (3) the 9 following new paragraph (4): 10 ‘‘(4) develop, in coordination with appropriate 11 Federal entities, a taxonomy for quantum science ac- 12 tivities and requirements for relevant technology and 13 standards; and’’; and 14 (3) in subsection (d)(2)(D), by inserting ‘‘a 15 roadmap and’’ after ‘‘including’’. 16 SEC. 218. TECHNOLOGY AND NATIONAL SECURITY FELLOW- 17 SHIP. 18 (a) FELLOWSHIP PROGRAM.— 19 (1) IN GENERAL.—Not later than 180 days 20 after the date of the enactment of this Act, the Sec- 21 retary of Defense, acting through the Under Sec- 22 retary of Defense for Research and Engineering, 23 shall establish a civilian fellowship program designed 24 to place eligible individuals within the Department of 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 70 •S 1790 RS Defense and Congress to increase the number of na- 1 tional security professionals with science, technology, 2 engineering, and mathematics credentials employed 3 by the Department and Congress. 4 (2) DESIGNATION.—The fellowship program es- 5 tablished under paragraph (1) shall be known as the 6 ‘‘Technology and National Security Fellowship’’ (in 7 this section referred to as the ‘‘fellows program’’). 8 (3) ASSIGNMENTS.—Each individual selected 9 for participation in the fellows program shall be as- 10 signed to a one year position within— 11 (A) the Department of Defense; or 12 (B) a congressional office with emphasis 13 on Armed Forces and national security matters. 14 (4) PAY AND BENEFITS.—Each individual as- 15 signed to a position under paragraph (3)— 16 (A) shall be compensated at a rate of basic 17 pay that is equivalent to the rate of basic pay 18 payable for a position at level 10 of the General 19 Schedule; and 20 (B) shall be treated as an employee of the 21 United States during the assignment. 22 (b) ELIGIBLE INDIVIDUALS.—For purposes of this 23 section, and subject to subsection (e), an eligible individual 24 is any individual who— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 71 •S 1790 RS (1) is a citizen of the United States; and 1 (2) either— 2 (A) expects to be awarded an under- 3 graduate or graduate degree that, as deter- 4 mined by the Secretary, focuses on science, 5 technology, engineering, or mathematics course 6 work not later than 180 days after the date on 7 which the individual submits an application for 8 participation in the fellows program; or 9 (B) possesses an undergraduate or grad- 10 uate degree that, as determined by the Sec- 11 retary, focuses on science, technology, engineer- 12 ing, or mathematics course work that was 13 awarded not earlier than one year before the 14 date on which the individual submits an appli- 15 cation for participation in the fellows program. 16 (c) APPLICATION.—Each individual seeking to par- 17 ticipate in the fellows program shall submit to the Sec- 18 retary an application therefor at such time and in such 19 manner as the Secretary shall specify. 20 (d) COORDINATION.—In carrying out this section, the 21 Secretary may consider working through the following en- 22 tities: 23 (1) The National Security Innovation Network. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 72 •S 1790 RS (2) Other Department of Defense or public and 1 private sector organizations, as determined appro- 2 priate by the Secretary. 3 (e) MODIFICATIONS TO FELLOWS PROGRAM.—The 4 Secretary may modify the terms and procedures of the fel- 5 lows program in order to better achieve the goals of the 6 program and to support workforce needs of the Depart- 7 ment of Defense. 8 (f) CONSULTATION.—The Secretary may consult with 9 the heads of the agencies, components, and other elements 10 of the Department of Defense, Members and committees 11 of Congress, and such institutions of higher education and 12 private entities engaged in work on national security and 13 emerging technologies as the Secretary considers appro- 14 priate for purposes of the fellows program, including with 15 respect to assignments in the fellows program. 16 SEC. 219. DIRECT AIR CAPTURE AND BLUE CARBON RE- 17 MOVAL TECHNOLOGY PROGRAM. 18 (a) PROGRAM REQUIRED.— 19 (1) IN GENERAL.—The Secretary of Defense, in 20 coordination with the Secretary of Homeland Secu- 21 rity, the Secretary of Energy, and the heads of such 22 other Federal agencies as the Secretary of Defense 23 considers appropriate, shall carry out a program on 24 research, development, testing, evaluation, study, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 73 •S 1790 RS and demonstration of technologies related to blue 1 carbon capture and direct air capture. 2 (2) PROGRAM GOALS.—The goals of the pro- 3 gram established under paragraph (1) are as follows: 4 (A) To develop technologies that capture 5 carbon dioxide from seawater and the air to 6 turn such carbon dioxide into clean fuels to en- 7 hance fuel and energy security. 8 (B) To develop and demonstrate tech- 9 nologies that capture carbon dioxide from sea- 10 water and the air to reuse such carbon dioxide 11 to create products for military uses. 12 (C) To develop direct air capture tech- 13 nologies for use— 14 (i) at military installations or facilities 15 of the Department of Defense; or 16 (ii) in modes of transportation by the 17 Navy or the Coast Guard. 18 (3) PHASES.—The program established under 19 paragraph (1) shall be carried out in two phases as 20 follows: 21 (A) The first phase shall consist of re- 22 search and development and shall be carried out 23 as described in subsection (b). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 74 •S 1790 RS (B) The second phase shall consist of test- 1 ing and evaluation and shall be carried out as 2 described in subsection (c), if the Secretary de- 3 termines that the results of the research and 4 development phase justify implementing the 5 testing and evaluation phase. 6 (4) DESIGNATION.—The program established 7 under paragraph (1) shall be known as the ‘‘Direct 8 Air Capture and Blue Carbon Removal Technology 9 Program’’ (in this section referred to as the ‘‘Pro- 10 gram’’). 11 (b) RESEARCH AND DEVELOPMENT PHASE.— 12 (1) IN GENERAL.—During the research and de- 13 velopment phase of the Program, the Secretary of 14 Defense shall conduct research and development in 15 pursuit of the goals set forth in subsection (a)(2). 16 (2) DIRECT AIR CAPTURE.—The research and 17 development phase of the Program may include, with 18 respect to direct air capture, a front end engineering 19 and design study that includes an evaluation of di- 20 rect air capture designs to produce fuel for use— 21 (A) at military installations or facilities of 22 the Department of Defense; or 23 (B) in modes of transportation by the 24 Navy or the Coast Guard. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 75 •S 1790 RS (3) DURATION.—The Secretary shall carry out 1 the research and development phase of the Program 2 during a four-year period commencing not later than 3 90 days after the date of the enactment of this Act. 4 (4) GRANTS AUTHORIZED.—The Secretary may 5 carry out the research and development phase of the 6 Program through the award of grants to private per- 7 sons and eligible laboratories. 8 (5) REPORT REQUIRED.—Not later than 180 9 days after the date of the completion of the research 10 and development phase of the Program, the Sec- 11 retary shall submit to Congress a report on the re- 12 search and development carried out under the Pro- 13 gram. 14 (6) FUNDING FOR FISCAL YEAR 2020.—(A) The 15 amount authorized to be appropriated for fiscal year 16 2020 by section 201 for research, development, test, 17 and evaluation is hereby increased by $8,000,000, 18 with the amount of the increase to be available for 19 the research and development phase of the Program. 20 (B) The amount authorized to be appropriated 21 for fiscal year 2020 by section 301 for operation and 22 maintenance is hereby decreased by $8,000,000, 23 with the amount of the decrease to be taken from 24 amounts available for printing. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 76 •S 1790 RS (7) AUTHORIZATION OF APPROPRIATIONS FOR 1 FUTURE FISCAL YEARS.—There is authorized to be 2 appropriated to carry out the research and develop- 3 ment phase of the Program $10,000,000 for each of 4 fiscal years 2021 through 2023. 5 (c) TESTING AND EVALUATION PHASE.— 6 (1) IN GENERAL.—During the testing and eval- 7 uation phase of the Program, the Secretary shall, in 8 pursuit of the goals set forth in subsection (a)(2), 9 conduct tests and evaluations of the technologies re- 10 searched and developed during the research and de- 11 velopment phase of the Program. 12 (2) DIRECT AIR CAPTURE.—The testing and 13 evaluation phase of the Program may include dem- 14 onstration projects for direct air capture to produce 15 fuels for use— 16 (A) at military installations or facilities of 17 the Department of Defense; or 18 (B) in modes of transportation by the 19 Navy or the Coast Guard. 20 (3) DURATION.—The Secretary shall carry out 21 the testing and evaluation phase of the Program 22 during the three-year period commencing on the 23 date of the completion of the research and develop- 24 ment phase described in subsection (b), except that 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 77 •S 1790 RS the testing and evaluation phase of the Program 1 with respect to direct air capture may commence at 2 such time after a front end engineering and design 3 study demonstrates to the Secretary that commence- 4 ment of such phase is appropriate. 5 (4) GRANTS AUTHORIZED.—The Secretary may 6 carry out the testing and evaluation phase of the 7 Program through the award of grants to private per- 8 sons and eligible laboratories. 9 (5) LOCATIONS.—The Secretary shall carry out 10 the testing and evaluation phase of the Program at 11 military installations or facilities of the Department 12 of Defense. 13 (6) REPORT REQUIRED.—Not later than Sep- 14 tember 30, 2026, the Secretary shall submit to Con- 15 gress a report on the findings of the Secretary with 16 respect to the effectiveness of the technologies tested 17 and evaluated under the Program. 18 (7) AUTHORIZATION OF APPROPRIATIONS.— 19 There is authorized to be appropriated to carry out 20 the testing and evaluation phase of the Program 21 $15,000,000 for each of fiscal years 2024 through 22 2026. 23 (d) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 78 •S 1790 RS (1) The term ‘‘blue carbon capture’’ means the 1 removal of dissolved carbon dioxide from seawater 2 through engineered or inorganic processes, including 3 filters, membranes, or phase change systems. 4 (2)(A) The term ‘‘direct air capture’’, with re- 5 spect to a facility, technology, or system, means that 6 the facility, technology, or system uses carbon cap- 7 ture equipment to capture carbon dioxide directly 8 from the air. 9 (B) The term ‘‘direct air capture’’ does not in- 10 clude any facility, technology, or system that cap- 11 tures carbon dioxide— 12 (i) that is deliberately released from a nat- 13 urally occurring subsurface spring; or 14 (ii) using natural photosynthesis. 15 (3) The term ‘‘eligible laboratory’’ means— 16 (A) a National Laboratory (as defined in 17 section 2 of the Energy Policy Act of 2005 (42 18 U.S.C. 15801)); or 19 (B) a laboratory of the Department of De- 20 fense. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 79 •S 1790 RS Subtitle C—Reports and Other 1 Matters 2 SEC. 231. NATIONAL SECURITY EMERGING BIOTECH- 3 NOLOGIES RESEARCH AND DEVELOPMENT 4 PROGRAM. 5 (a) ESTABLISHMENT.—The Secretary of Defense 6 shall carry out a research and development program on 7 applications of emerging biotechnologies for the national 8 security purposes set forth in subsection (b). 9 (b) NATIONAL SECURITY PURPOSES.—The national 10 security purposes set forth in this subsection are as fol- 11 lows: 12 (1) To ensure military understanding and rel- 13 evancy of applications of emerging biotechnologies in 14 meeting national security requirements. 15 (2) To coordinate all research and development 16 relating to emerging biotechnologies within the De- 17 partment of Defense and to provide for interagency 18 cooperation and collaboration on research and devel- 19 opment relating to emerging biotechnologies between 20 the Department and other departments and agencies 21 of the United States and appropriate private sector 22 entities that are involved in research and develop- 23 ment relating to emerging biotechnologies. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 80 •S 1790 RS (3) To develop and manage a portfolio of fun- 1 damental and applied emerging biotechnologies re- 2 search initiatives that is stable, consistent, and bal- 3 anced across scientific disciplines. 4 (4) To collect, synthesize, and disseminate crit- 5 ical information on research and development relat- 6 ing to emerging biotechnologies within the national 7 security establishment. 8 (5) To establish and support appropriate re- 9 search, innovation, and the industrial base, including 10 facilities and infrastructure, to support the needs of 11 Department missions and scientific workforce relat- 12 ing to emerging biotechnologies. 13 (6) To develop a technical basis to inform the 14 intelligence community on the analysis needs of the 15 Department with respect to emerging biotech- 16 nologies. 17 (c) ADMINISTRATION.—In carrying out the program 18 required by subsection (a), the Secretary shall act through 19 the Under Secretary of Defense for Research and Engi- 20 neering, who shall supervise the planning, management, 21 and coordination of the program. The Under Secretary, 22 in consultation with the Secretaries of the military depart- 23 ments and the heads of participating Defense Agencies 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 81 •S 1790 RS and other departments and agencies of the United States, 1 shall— 2 (1) prescribe a set of long-term challenges and 3 a set of broad technical goals for the program; 4 (2) develop a coordinated and integrated re- 5 search and investment plan for meeting near-, mid- 6 , and long-term challenges for achieving broad tech- 7 nical goals that build upon the Department’s invest- 8 ment in emerging biotechnologies research and de- 9 velopment, commercial sector and global invest- 10 ments, and other United States Government invest- 11 ments in emerging biotechnologies fields; 12 (3) not later than 180 days after the date of 13 the enactment of this Act, develop and continuously 14 update guidance, including classification guidance 15 for defense-related emerging biotechnologies activi- 16 ties, and policies for restricting access to research to 17 minimize the effects of loss of intellectual property 18 in basic and applied emerging biotechnologies and 19 information considered sensitive to the leadership of 20 the United States in the field of emerging biotech- 21 nologies; and 22 (4) develop memoranda of agreement, joint 23 funding agreements, and other cooperative arrange- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 82 •S 1790 RS ments necessary for meeting long-term challenges 1 and achieving specific technical goals. 2 (d) REPORT.— 3 (1) IN GENERAL.—Not later than December 31, 4 2020, the Secretary shall submit to the congres- 5 sional defense committees a report on the program 6 carried out under subsection (a). 7 (2) ELEMENTS.—The report required by para- 8 graph (1) shall include the following: 9 (A) An assessment of the potential na- 10 tional security risks of emerging biotechnologies 11 technologies. 12 (B) An assessment of the efforts of foreign 13 powers to use emerging biotechnologies for mili- 14 tary applications and other purposes. 15 (C) A description of the knowledge-base of 16 the Department with respect to emerging bio- 17 technologies, plans to defend against potential 18 national security threats posed by emerging bio- 19 technologies, and any plans of the Secretary to 20 enhance such knowledge-base. 21 (D) A plan that describes how the Sec- 22 retary intends to use emerging biotechnologies 23 for military applications and to meet other 24 needs of the Department. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 83 •S 1790 RS (E) A description of activities undertaken 1 consistent with this section, including funding 2 for activities consistent with the section. 3 (F) Such other matters as the Secretary 4 considers appropriate. 5 (3) FORM.—The report submitted under para- 6 graph (1) shall be submitted in unclassified form, 7 but may include a classified annex. 8 (e) DEFINITION OF EMERGING BIOTECH- 9 NOLOGIES.—In this section, the term ‘‘emerging biotech- 10 nologies’’ includes the following: 11 (1) Engineered biology, which is the application 12 of engineering design principles and practices to bio- 13 logical, genetic, molecular, and cellular systems to 14 enable novel functions and capabilities. 15 (2) Neurotechnology, which refers to central 16 and peripheral nervous system interfaces that lever- 17 age structural, computational, and mathematical 18 modeling to develop devices that decode neural activ- 19 ity (identify how it corresponds to a particular be- 20 havior or cognitive state, such as sensorimotor func- 21 tion, memory, or neuropsychiatric function) and use 22 this information to deliver targeted interventions or 23 therapies to facilitate performance. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 84 •S 1790 RS (3) Performance enhancement, namely tech- 1 nologies that augment human physiology at the cel- 2 lular, molecular, and physiological levels giving the 3 end user novel or enhanced physical and psycho- 4 logical capabilities. 5 (4) Gene editing, including tools that facilitate 6 deoxyribonucleic acid (DNA) sequence deletion, re- 7 placement, or insertion into cellular or organismal 8 genetic material, thereby modulating genetic func- 9 tion for applications that include treating and pre- 10 venting disease, and improving function of biological 11 systems. 12 (5) Biomolecular sequencing and synthesis, 13 namely the processes by which biomolecular compo- 14 nents (such as deoxyribonucleic acid and ribonucleic 15 acid) can be measured (sequencing) or generated 16 (synthesis) for uses in engineering biology, biomanu- 17 facturing, and other medical and nonmedical appli- 18 cations. 19 SEC. 232. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES 20 ROADMAP AND REPORTS. 21 (a) ROADMAP FOR SCIENCE AND TECHNOLOGY AC- 22 TIVITIES TO SUPPORT DEVELOPMENT OF CYBER CAPA- 23 BILITIES.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 85 •S 1790 RS (1) ROADMAP REQUIRED.—The Secretary of 1 Defense, acting through the Under Secretary of De- 2 fense for Research and Engineering, shall develop a 3 roadmap for science and technology activities of the 4 Department of Defense to support development of 5 cyber capabilities to meet Department needs and 6 missions. 7 (2) GOAL OF CONSISTENCY.—The Secretary 8 shall develop the roadmap required by paragraph (1) 9 to ensure consistency with appropriate Federal inter- 10 agency, industry, and academic activities. 11 (3) SCOPE.—The roadmap required by para- 12 graph (1) shall— 13 (A) cover the development of capabilities 14 that will likely see operational use within the 15 next 25 years or earlier; and 16 (B) address cyber operations and cyberse- 17 curity. 18 (4) CONSULTATION.—The Secretary shall de- 19 velop the roadmap required by paragraph (1) in con- 20 sultation with the following: 21 (A) The Chief Information Officer of the 22 Department. 23 (B) The secretaries and chiefs of the mili- 24 tary departments. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 86 •S 1790 RS (C) The Director of Operational Test and 1 Evaluation. 2 (D) The Commander of the United States 3 Cyber Command. 4 (E) The Director of the National Security 5 Agency. 6 (F) The Director of the Defense Informa- 7 tion Systems Agency. 8 (G) The Director of the Defense Advanced 9 Research Projects Agency. 10 (H) The Director of the Defense Digital 11 Service. 12 (5) FORM.—The Secretary shall develop the 13 roadmap required by paragraph (1) in unclassified 14 form, but may include a classified annex. 15 (6) PUBLICATION.—The Secretary shall make 16 available to the public the unclassified form of the 17 roadmap developed pursuant to paragraph (1). 18 (b) ANNUAL REPORT ON CYBER SCIENCE AND 19 TECHNOLOGY ACTIVITIES.— 20 (1) ANNUAL REPORTS REQUIRED.—In fiscal 21 years 2021, 2022, and 2023, the Under Secretary of 22 Defense for Research and Engineering submit to the 23 Congressional Defense Committees a report on the 24 science and technology activities within the Depart- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 87 •S 1790 RS ment of Defense relating to cyber matters during the 1 previous fiscal year, the current fiscal year, and the 2 following fiscal year. 3 (2) CONTENTS.—Each report submitted pursu- 4 ant to paragraph (1) shall include, for the period 5 covered by the report, a description and listing of 6 the science and technology activities of the Depart- 7 ment relating to cyber matters, including the fol- 8 lowing: 9 (A) Extramural science and technology ac- 10 tivities. 11 (B) Intramural science and technology ac- 12 tivities. 13 (C) Major and minor military construction 14 activities. 15 (D) Major prototyping and demonstration 16 programs. 17 (E) A list of agreements and activities 18 transition capabilities to acquisition activities, 19 including— 20 (i) national security systems; 21 (ii) business systems; and 22 (iii) enterprise and network systems. 23 (F) Efforts to enhance the national tech- 24 nical cybersecurity workforce, including specific 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 88 •S 1790 RS programs to support education, training, intern- 1 ships, and hiring. 2 (G) Efforts to perform cooperative activi- 3 ties with international partners. 4 (H) Efforts under the Small Business In- 5 novation Research and the Small Business 6 Technology Transfer Program, including esti- 7 mated amounts in the request for the following 8 fiscal year. 9 (I) Efforts to encourage partnerships be- 10 tween the Department of Defense and univer- 11 sities participating in the National Centers of 12 Academic Excellence in Cyber Operations and 13 Cyber Defense. 14 (3) TIMING.—Each report submitted pursuant 15 to paragraph (1) shall be submitted concurrently 16 with the annual budget request of the President sub- 17 mitted pursuant to section 1105 of title 31, United 18 States Code. 19 (4) FORM.—The report submitted under para- 20 graph (1) shall be submitted in unclassified form, 21 but may include a classified annex. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 89 •S 1790 RS SEC. 233. REQUIRING CERTAIN MICROELECTRONICS PROD- 1 UCTS AND SERVICES MEET TRUSTED SUPPLY 2 CHAIN AND OPERATIONAL SECURITY STAND- 3 ARDS. 4 (a) PURCHASES.— 5 (1) IN GENERAL.—To protect the United States 6 from intellectual property theft and to ensure na- 7 tional security and public safety in the application of 8 new generations of wireless network technology and 9 microelectronics, beginning on January 1, 2022, the 10 Secretary of Defense shall— 11 (A) ensure that each critical microelec- 12 tronics product and service that the Depart- 13 ment of Defense purchases on or after such 14 date meets the trusted supply chain and oper- 15 ational security standards established pursuant 16 to subsection (b), except in a case in which the 17 Department seeks to purchase a critical micro- 18 electronics product or service, but— 19 (i) no such product or service is avail- 20 able for purchase that meets such stand- 21 ards; or 22 (ii) no such product or service is avail- 23 able for purchase that— 24 (I) meets such standards; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 90 •S 1790 RS (II) is available at a price that 1 the Secretary does not consider pro- 2 hibitively expensive; and 3 (B) to the maximum extent practicable, en- 4 sure that each microelectronics product and 5 service, other than a critical microelectronics 6 product and service, that is purchased by the 7 Department of Defense on or after such date 8 meets the trusted supply chain and operational 9 security standards established pursuant to sub- 10 section (b). 11 (2) CRITICAL MICROELECTRONICS PRODUCTS 12 AND SERVICES.—For purposes of this section, a crit- 13 ical microelectronics product or service is a micro- 14 electronics product, or a service based on such a 15 product, that is designated by the Secretary as crit- 16 ical to meeting national security needs. 17 (b) TRUSTED SUPPLY CHAIN AND OPERATIONAL SE- 18 CURITY STANDARDS.— 19 (1) STANDARDS REQUIRED.—Not later than 20 January 1, 2021, the Secretary shall establish trust- 21 ed supply chain and operational security standards 22 for the purchase of microelectronics products and 23 services by the Department. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 91 •S 1790 RS (2) CONSULTATION REQUIRED.—In developing 1 standards under paragraph (1), the Secretary shall 2 consult with the following: 3 (A) The Secretary of Homeland Security, 4 the Secretary of State, the Secretary of Com- 5 merce, and the Director of the National Insti- 6 tute of Standards and Technology. 7 (B) Suppliers of microelectronics products 8 and services from the United States and allies 9 and partners of the United States. 10 (C) Representatives of major United States 11 industry sectors that rely on a trusted supply 12 chain and the operational security of microelec- 13 tronics products and services. 14 (D) Representatives of the United States 15 insurance industry. 16 (3) TIERS OF TRUST AND SECURITY AUTHOR- 17 IZED.—In carrying out paragraph (1), the Secretary 18 may establish tiers of trust and security within the 19 supply chain and operational security standards for 20 microelectronics products and services. 21 (4) GENERAL APPLICABILITY.—The standards 22 established pursuant to paragraph (1) shall be, to 23 the greatest extent practicable, generally applicable 24 to the trusted supply chain and operational security 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 92 •S 1790 RS needs and use cases of the United States Govern- 1 ment and commercial industry, such that the stand- 2 ards could be widely adopted by government and 3 commercial industry. 4 (5) ANNUAL REVIEW.—Not later than October 5 1 of each year, the Secretary shall review the stand- 6 ards established pursuant to paragraph (1) and 7 issue updates or modifications as the Secretary con- 8 siders necessary or appropriate. 9 (c) ENSURING ABILITY TO SELL COMMERCIALLY.— 10 (1) IN GENERAL.—The Secretary shall, to the 11 greatest extent practicable, ensure that suppliers of 12 microelectronics products for the Federal Govern- 13 ment who meet the standards established under sub- 14 section (b) are able and incentivized to sell products 15 commercially that are produced on the same produc- 16 tion lines as the microelectronics products supplied 17 to the Federal Government. 18 (2) EFFECT OF REQUIREMENTS AND ACQUISI- 19 TIONS.—The Secretary shall, to the greatest extent 20 practicable, ensure that the requirements of the De- 21 partment and the acquisition by the Department of 22 microelectronics enable the success of a dual-use 23 microelectronics industry. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 93 •S 1790 RS (d) MAINTAINING COMPETITION AND INNOVATION.— 1 The Secretary shall take such actions as the Secretary 2 considers necessary and appropriate, within the Sec- 3 retary’s authorized activities to maintain the health of the 4 defense industrial base, to ensure that— 5 (1) providers of microelectronics products and 6 services that meet the standards established under 7 subsection (b) are exposed to competitive market 8 pressures to achieve competitive pricing and sus- 9 tained innovation; and 10 (2) the industrial base of microelectronics prod- 11 ucts and services that meet the standards estab- 12 lished under subsection (b) includes providers pro- 13 ducing in or belonging to countries that are allies or 14 partners of the United States. 15 SEC. 234. TECHNICAL CORRECTION TO GLOBAL RESEARCH 16 WATCH PROGRAM. 17 Section 2365 of title 10, United States Code, is 18 amended— 19 (1) in subsections (a) and (d)(2), by striking 20 ‘‘Assistant Secretary of Defense for Research and 21 Engineering’’ both places it appears and inserting 22 ‘‘Under Secretary of Defense for Research and En- 23 gineering’’; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 94 •S 1790 RS (2) in subsections (d)(3) and (e), by striking 1 ‘‘Assistant Secretary’’ both places it appears and in- 2 serting ‘‘Under Secretary of Defense for Research 3 and Engineering’’; and 4 (3) in subsection (d), by striking ‘‘Assistant 5 Secretary’’ both places it appears and inserting 6 ‘‘Under Secretary’’. 7 SEC. 235. ADDITIONAL TECHNOLOGY AREAS FOR EXPE- 8 DITED ACCESS TO TECHNICAL TALENT. 9 Section 217(e) of the National Defense Authorization 10 Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 11 2358 note) is amended— 12 (1) by redesignating paragraph (27) as para- 13 graph (29); and 14 (2) by inserting after paragraph (26) the fol- 15 lowing new paragraph (27): 16 ‘‘(27) Rapid prototyping. 17 ‘‘(28) Infrastructure resilience.’’. 18 SEC. 236. SENSE OF THE SENATE AND PERIODIC BRIEFINGS 19 ON THE SECURITY AND AVAILABILITY OF 20 FIFTH-GENERATION (5G) WIRELESS NET- 21 WORK TECHNOLOGY AND PRODUCTION. 22 (a) SENSE OF THE SENATE.—It is the sense of the 23 Senate that— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 95 •S 1790 RS (1) use of fifth-generation (5G) wireless net- 1 works and associated technology will be a foundation 2 for future warfighting applications for the Depart- 3 ment of Defense; 4 (2) the commercial implementation of fifth-gen- 5 eration wireless networks will provide the high speed 6 and capacity necessary for the Internet of Things, 7 advanced manufacturing, autonomous machines, the 8 application of artificial intelligence, and smart cities, 9 and it is critical that the Department of Defense uti- 10 lize these new capabilities; 11 (3) protecting the innovation and technology 12 that enables these revolutionary developments is es- 13 sential for security of the Department of Defense 14 mission, and will require improved security of the 15 microelectronics supply chain and of the design and 16 operation of networks based on fifth-generation wire- 17 less network technology; 18 (4) securing fifth-generation wireless networks 19 and associated technology is required due to the in- 20 creased effects of military processes that will be en- 21 abled on fifth-generation wireless networks; 22 (5) the Department of Defense can no longer 23 rely on fabricationless business models in which 24 microelectronics manufacturing is located in coun- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 96 •S 1790 RS tries with vulnerable supply chains or adversarial na- 1 tions known for predatory industrial espionage and 2 posing a military threat to the United States or on 3 small-scale manufacturing of trusted microelec- 4 tronics in dedicated facilities; 5 (6) the Department of Defense should leverage 6 its large procurement budget, sophisticated under- 7 standing of the threats to microelectronics supply 8 chains, as well as experience establishing require- 9 ments for the secure production of microelectronics 10 and working with trusted foundries to create a se- 11 cure, competitive, and innovative manufacturing 12 base in cooperation with industry; and 13 (7) the Secretary of Defense should act expedi- 14 tiously to achieve the goals enumerated in this sub- 15 section using resources and authorities available to 16 the Department, while encouraging interagency plan- 17 ning for a whole-of-government strategy. 18 (b) PERIODIC BRIEFINGS.— 19 (1) IN GENERAL.—Not later than March 15, 20 2020, and not less frequently than once every three 21 months thereafter until March 15, 2022, the Sec- 22 retary of Defense shall brief the congressional de- 23 fense committees on how the Department of De- 24 fense— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 97 •S 1790 RS (A) is using secure fifth-generation wire- 1 less network technology; 2 (B) is reshaping the Department’s policy 3 for producing and procuring secure microelec- 4 tronics; and 5 (C) working in the interagency and inter- 6 nationally to develop common policies and ap- 7 proaches. 8 (2) ELEMENTS.—Each briefing under para- 9 graph (1) shall contain information on— 10 (A) efforts to ensure a secure supply chain 11 for fifth-generation wireless network equipment 12 and microelectronics; 13 (B) the continued availability of electro- 14 magnetic spectrum for warfighting needs; 15 (C) planned implementation of fifth-gen- 16 eration wireless network infrastructure in 17 warfighting networks, base infrastructure, de- 18 fense-related manufacturing, and logistics; 19 (D) steps taken to work with allied and 20 partner countries to protect critical networks 21 and supply chains; and 22 (E) such other topics as the Secretary con- 23 siders relevant. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 98 •S 1790 RS SEC. 237. TRANSFER OF COMBATING TERRORISM TECH- 1 NICAL SUPPORT OFFICE. 2 (a) TRANSFER REQUIRED.—Not later than March 1, 3 2020, the Secretary of Defense shall transfer responsibil- 4 ities for the authority, direction, and control of the Com- 5 bating Terrorism Technical Support Office from the As- 6 sistant Secretary of Defense for Special Operations and 7 Low Intensity Conflict to the Under Secretary of Defense 8 for Research and Engineering. 9 (b) REPORT REQUIRED.— 10 (1) IN GENERAL.—Not later than the date that 11 is 30 days before the date of the transfer of respon- 12 sibilities required by subsection (a), the Secretary 13 shall submit to the congressional defense committees 14 a report on such transfer. 15 (2) CONTENTS.—The report submitted under 16 paragraph (1) shall include the following: 17 (A) An assessment of the relevance of the 18 roles, responsibilities, and objectives of the 19 Combating Terrorism Technical Support Office 20 to supporting implementation of the National 21 Defense Strategy and recommendations, if any, 22 for changes to the roles, responsibilities, and 23 objectives of the Combating Terrorism Tech- 24 nical Support Office for the purpose of sup- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 99 •S 1790 RS porting implementation of the National Defense 1 Strategy. 2 (B) An articulation of any anticipated effi- 3 ciencies resulting from the transfer of respon- 4 sibilities as described in subsection (a). 5 (C) Such other matters as the Secretary 6 considers relevant. 7 SEC. 238. BRIEFING ON COOPERATIVE DEFENSE TECH- 8 NOLOGY PROGRAMS AND RISKS OF TECH- 9 NOLOGY TRANSFER TO CHINA OR RUSSIA. 10 (a) BRIEFING REQUIRED.—Not later than March 1, 11 2020, the Secretary of Defense, in consultation with the 12 Director of National Intelligence, shall provide the con- 13 gressional defense committees a briefing, and documents 14 as appropriate, on current cooperative defense technology 15 programs of the Department of Defense with any country 16 the Secretary assesses to be engaged in significant defense 17 or other advanced technology cooperation with the Peo- 18 ple’s Republic of China or the Russian Federation. 19 (b) MATTERS TO BE ADDRESSED.—The briefing re- 20 quired by subsection (a) shall address the following mat- 21 ters: 22 (1) Whether any current cooperative defense 23 technology programs of the Department of Defense 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 100 •S 1790 RS increase the risk of technology transfer to the Peo- 1 ple’s Republic of China or the Russian Federation. 2 (2) What actions the Department of Defense 3 has taken to mitigate the risk of technology transfer 4 to the People’s Republic of China or the Russian 5 Federation with respect to current cooperative de- 6 fense technology programs. 7 (3) Such recommendations as the Secretary 8 may have for legislative or administrative action to 9 prevent technology transfer to the People’s Republic 10 of China or the Russian Federation with respect to 11 cooperative defense technology programs, especially 12 as it relates to capabilities the Secretary assesses to 13 be critical to maintain or restore the comparative 14 military advantage of the United States. 15 (c) NOTIFICATION REQUIRED.—The Secretary shall 16 provide the congressional committees a written notifica- 17 tion not later than 15 days after any decision to suspend 18 or terminate a cooperative defense technology program 19 due to the risk or occurrence of technology transfer to the 20 People’s Republic of China or the Russian Federation. 21 SEC. 239. MODIFICATION OF AUTHORITY FOR PRIZES FOR 22 ADVANCED TECHNOLOGY ACHIEVEMENTS. 23 Section 2374a(a) of title 10, United States Code, is 24 amended by striking ‘‘Assistant Secretary of Defense for 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 101 •S 1790 RS Research and Engineering’’ and inserting ‘‘Under Sec- 1 retary of Defense for Research and Engineering, the 2 Under Secretary of Defense for Acquisition and 3 Sustainment,’’. 4 SEC. 240. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL 5 RESEARCH PROGRAM, ENVIRONMENTAL SE- 6 CURITY TECHNICAL CERTIFICATION PRO- 7 GRAM, AND OPERATIONAL ENERGY CAPA- 8 BILITY IMPROVEMENT. 9 Of the funds authorized to be appropriated for fiscal 10 year 2020 for the use of the Department of Defense for 11 research, development, test, and evaluation, as specified 12 in the funding table in section 4201 for the Strategic En- 13 vironmental Research Program, Operational Energy Ca- 14 pability Improvement, and the Environmental Security 15 Technical Certification Program, the Secretary of Defense 16 shall expend amounts as follows: 17 (1) Not less than $10,000,000 on the develop- 18 ment and demonstration of long duration on-site en- 19 ergy battery storage for distributed energy assets. 20 (2) Not less than $10,000,000 on the develop- 21 ment, demonstration, and validation of non-fluorine 22 based firefighting foams. 23 (3) Not less than $10,000,000 on the develop- 24 ment, demonstration, and validation of secure 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 102 •S 1790 RS microgrids for both installations and forward oper- 1 ating bases. 2 (4) Not less than $5,000,000 on the develop- 3 ment, demonstration, and validation of technologies 4 that can harvest potable water from air. 5 SEC. 241. FUNDING FOR THE SEA-LAUNCHED CRUISE MIS- 6 SILE–NUCLEAR ANALYSIS OF ALTERNATIVES. 7 (a) AVAILABILITY OF FUNDING.—Of the amount au- 8 thorized to be appropriated for fiscal year 2020 by section 9 201 for research, development, test, and evaluation, at 10 least $5,000,000 shall be available for the analysis of al- 11 ternatives for the Sea-Launched Cruise Missile–Nuclear. 12 (b) PROGRAM OF RECORD.—The Secretary of De- 13 fense shall make the Sea-Launched Cruise Missile–Nu- 14 clear a program of record. 15 SEC. 242. REVIEW AND ASSESSMENT PERTAINING TO TRAN- 16 SITION OF DEPARTMENT OF DEFENSE-ORIGI- 17 NATED DUAL-USE TECHNOLOGY. 18 (a) IN GENERAL.—The Under Secretary of Defense 19 for Research and Engineering shall— 20 (1) conduct a review of the Department of De- 21 fense science and technology enterprise’s intellectual 22 property and strategy for awarding exclusive com- 23 mercial rights to industry partners; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 103 •S 1790 RS (2) assess whether its practices are encouraging 1 or constraining technology diffusion where desirable. 2 (b) ELEMENTS.—The review and assessment re- 3 quired by subsection (a) shall include consideration of the 4 following: 5 (1) The retention or relinquishment by the De- 6 partment of intellectual property rights and the ef- 7 fect thereof. 8 (2) The granting by the Department of exclu- 9 sive commercial rights and the effect thereof. 10 (3) The potential of research prizes, vice pay- 11 ment and exclusive commercial rights, on contract as 12 remuneration for science and technology activities. 13 (4) The potential of science and technology pro- 14 grams with intellectual property strategies that do 15 not include commercialization monopolies. 16 (5) The potential of establishing price ceilings 17 for licenses and commercial sale mandates to dis- 18 courage selective commercial hoarding. 19 (6) The activities of the Department in effect 20 on the day before the date of the enactment of this 21 Act to promulgate to approved users in the commer- 22 cial sector the intellectual property that the Depart- 23 ment retains and their potential applications. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 104 •S 1790 RS (7) Such other major factors as may inhibit the 1 diffusion of Department-funded technology in the 2 commercial sector where desirable. 3 (c) UNIVERSITY PARTNERSHIP.—In carrying out 4 subsection (a), the Under Secretary shall partner with a 5 business school or law school of a university with resident 6 economics and intellectual property expertise. 7 (d) REPORT.— 8 (1) IN GENERAL.—Not later than May 1, 2020, 9 the Under Secretary shall submit to the congres- 10 sional defense committees a report on the findings of 11 the Under Secretary with respect to the review and 12 assessment required by subsection (a). 13 (2) RECOMMENDATIONS.—The report required 14 by paragraph (1) shall include such recommenda- 15 tions as the Under Secretary may have for legisla- 16 tive or administrative action to improve the diffusion 17 of the intellectual property and technology of the 18 science and technology enterprise of the Depart- 19 ment. 20 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 105 •S 1790 RS TITLE III—OPERATION AND 1 MAINTENANCE 2 Subtitle A—Authorization of 3 Appropriations 4 SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 5 Funds are hereby authorized to be appropriated for 6 fiscal year 2020 for the use of the Armed Forces and other 7 activities and agencies of the Department of Defense for 8 expenses, not otherwise provided for, for operation and 9 maintenance, as specified in the funding table in section 10 4301. 11 Subtitle B—Energy and 12 Environment 13 SEC. 311. USE OF OPERATIONAL ENERGY COST SAVINGS OF 14 DEPARTMENT OF DEFENSE. 15 Section 2912 of title 10, United States Code, is 16 amended— 17 (1) in subsection (a), by striking ‘‘subsection 18 (b)’’ and inserting ‘‘subsection (b) or (c), as the case 19 may be,’’; 20 (2) in subsection (b), in the matter preceding 21 paragraph (1), by striking ‘‘The Secretary of De- 22 fense’’ and inserting ‘‘Except as provided in sub- 23 section (c) with respect to operational energy cost 24 savings, the Secretary of Defense’’; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 106 •S 1790 RS (3) by redesignating subsection (c) as sub- 1 section (d); and 2 (4) by inserting after subsection (b) the fol- 3 lowing new subsection (c): 4 ‘‘(c) USE OF OPERATIONAL ENERGY COST SAV- 5 INGS.—The amount that remains available for obligation 6 under subsection (a) that relates to operational energy 7 cost savings realized by the Department shall be used for 8 the implementation of additional operational energy resil- 9 ience, efficiencies, mission assurance, energy conservation, 10 or energy security within the department, agency, or in- 11 strumentality that realized that savings.’’. 12 SEC. 312. USE OF PROCEEDS FROM SALES OF ELECTRICAL 13 ENERGY GENERATED FROM GEOTHERMAL 14 RESOURCES. 15 Section 2916(b) of title 10, United States Code, is 16 amended— 17 (1) in paragraph (1), by striking ‘‘Except as 18 provided in paragraph (3), proceeds’’ and inserting 19 ‘‘Proceeds’’; and 20 (2) by striking paragraph (3). 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 107 •S 1790 RS SEC. 313. ENERGY RESILIENCE PROGRAMS AND ACTIVI- 1 TIES. 2 (a) MODIFICATION OF ANNUAL ENERGY MANAGE- 3 MENT AND RESILIENCE REPORT.—Section 2925(a) of 4 title 10, United States Code, is amended— 5 (1) in the subsection heading, by inserting 6 ‘‘AND READINESS’’ after ‘‘MISSION ASSURANCE’’; 7 (2) in the matter preceding paragraph (1), by 8 inserting ‘‘The Secretary shall ensure that mission 9 operators of critical facilities provide to personnel of 10 military installations any information necessary for 11 the completion of such report.’’ after ‘‘by the Sec- 12 retary.’’; 13 (3) in paragraph (4), in the matter preceding 14 subparagraph (A), by striking ‘‘megawatts’’ and in- 15 serting ‘‘electric and thermal loads’’; and 16 (4) in paragraph (5), by striking ‘‘megawatts’’ 17 and inserting ‘‘electric and thermal loads’’. 18 (b) FUNDING FOR ENERGY PROGRAM OFFICES.— 19 (1) IN GENERAL.—Not later than 180 days 20 after the date of the enactment of this Act, the Sec- 21 retaries of the military departments shall submit to 22 the congressional defense committees a report stat- 23 ing whether the program offices specified in para- 24 graph (2) are funded— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 108 •S 1790 RS (A) at proper levels to ensure that the en- 1 ergy resilience requirements of the Department 2 of Defense are met; and 3 (B) at levels that are not less than in any 4 previous fiscal year. 5 (2) PROGRAM OFFICES SPECIFIED.—The pro- 6 gram offices specified in this paragraph are the fol- 7 lowing: 8 (A) The Power Reliability Enhancement 9 Program of the Army. 10 (B) The Office of Energy Initiatives of the 11 Army. 12 (C) The Office of Energy Assurance of the 13 Air Force. 14 (D) The Resilient Energy Program Office 15 of the Navy. 16 (3) FUNDING PLAN.— 17 (A) IN GENERAL.—The Secretaries of the 18 military departments shall include in the report 19 submitted under paragraph (1) a funding plan 20 for the next five fiscal years beginning after the 21 date of the enactment of this Act to ensure that 22 funding levels are, at a minimum, maintained 23 during that period. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 109 •S 1790 RS (B) ELEMENTS.—The funding plan under 1 subparagraph (A) shall include, for each fiscal 2 year covered by the plan, an identification of 3 the amounts to be used for the accomplishment 4 of energy resilience goals and objectives. 5 (c) ESTABLISHMENT OF TARGETS FOR WATER 6 USE.—The Secretary of Defense shall, where life-cycle 7 cost-effective, improve water use efficiency and manage- 8 ment by the Department of Defense, including storm 9 water management, by— 10 (1) installing water meters and collecting and 11 using water balance data of buildings and facilities 12 to improve water conservation and management; 13 (2) reducing industrial, landscaping, and agri- 14 cultural water consumption in gallons by two percent 15 annually through fiscal year 2030 relative to a base- 16 line of such consumption by the Department in fiscal 17 year 2010; and 18 (3) installing appropriate sustainable infra- 19 structure features on installations of the Depart- 20 ment to help with storm water and wastewater man- 21 agement. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 110 •S 1790 RS SEC. 314. NATIVE AMERICAN INDIAN LANDS ENVIRON- 1 MENTAL MITIGATION PROGRAM. 2 (a) IN GENERAL.—Chapter 160 of title 10, United 3 States Code, is amended by adding at the end the fol- 4 lowing new section: 5 ‘‘§ 2712. Native American lands environmental mitiga- 6 tion program 7 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 8 may establish and carry out a program to mitigate the 9 environmental effects of actions by the Department of De- 10 fense on Indian lands and culturally connected locations. 11 ‘‘(b) PROGRAM ACTIVITIES.—The activities that may 12 be carried out under the program established under sub- 13 section (a) are the following: 14 ‘‘(1) Identification, investigation, and docu- 15 mentation of suspected environmental effects attrib- 16 utable to past actions by the Department of De- 17 fense. 18 ‘‘(2) Development of mitigation options for such 19 environmental effects, including development of cost- 20 to-complete estimates and a system for prioritizing 21 mitigation actions. 22 ‘‘(3) Direct mitigation actions that the Sec- 23 retary determines are necessary and appropriate to 24 mitigate the adverse environmental effects of past 25 actions by the Department. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 111 •S 1790 RS ‘‘(4) Demolition and removal of unsafe build- 1 ings and structures used by, under the jurisdiction 2 of, or formerly used by or under the jurisdiction of 3 the Department. 4 ‘‘(5) Training, technical assistance, and admin- 5 istrative support to facilitate the meaningful partici- 6 pation of Indian tribes in mitigation actions under 7 the program. 8 ‘‘(6) Development and execution of a policy gov- 9 erning consultation with Indian tribes that have 10 been or may be affected by action by the Depart- 11 ment, including training personnel of the Depart- 12 ment to ensure compliance with the policy. 13 ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying 14 out the program established under subsection (a), the Sec- 15 retary of Defense may enter into a cooperative agreement 16 with an Indian tribe or an instrumentality of tribal govern- 17 ment. 18 ‘‘(2) Notwithstanding chapter 63 of title 31, a coop- 19 erative agreement under this section may be used to ac- 20 quire property or services for the direct benefit of the 21 United States Government. 22 ‘‘(3) A cooperative agreement under this section for 23 the procurement of severable services may begin in one 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 112 •S 1790 RS fiscal year and end in another fiscal year only if the total 1 period of performance does not exceed two calendar years. 2 ‘‘(d) DEFINITIONS.—In this section: 3 ‘‘(1) The term ‘Indian land’ includes— 4 ‘‘(A) any land located within the bound- 5 aries and a part of an Indian reservation, pueb- 6 lo, or rancheria; 7 ‘‘(B) any land that has been allotted to an 8 individual Indian but has not been conveyed to 9 such Indian with full power of alienation; 10 ‘‘(C) Alaska Native village and regional 11 corporation lands; and 12 ‘‘(D) lands and waters upon which any 13 Federally recognized Indian tribe has rights re- 14 served by treaty, act of Congress, or action by 15 the President. 16 ‘‘(2) The term ‘Indian tribe’ has the meaning 17 given such term in section 2701(d)(4)(A) of this 18 title. 19 ‘‘(3) The term ‘culturally connected location’ 20 means a location or place that has demonstrable sig- 21 nificance to Indians or Alaska Natives based on its 22 association with the traditional beliefs, customs, and 23 practices of a living community, including locations 24 or places where religious, ceremonial, subsistence, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 113 •S 1790 RS medicinal, economic, or other lifeways practices have 1 historically taken place.’’. 2 (b) CLERICAL AMENDMENT.—The table of sections 3 at the beginning of chapter 160 of such title is amended 4 by inserting after the item relating to section 2711 the 5 following new item: 6 ‘‘2712. Native American lands environmental mitigation program.’’. SEC. 315. REIMBURSEMENT OF ENVIRONMENTAL PROTEC- 7 TION AGENCY FOR CERTAIN COSTS IN CON- 8 NECTION WITH THE TWIN CITIES ARMY AM- 9 MUNITION PLANT, MINNESOTA. 10 (a) TRANSFER AMOUNT.—Notwithstanding section 11 2215 of title 10, United States Code, the Secretary of De- 12 fense may transfer to the Administrator of the Environ- 13 mental Protection Agency— 14 (1) in fiscal year 2020, not more than 15 $890,790; and 16 (2) in each of fiscal years 2021 through 2026, 17 not more than $150,000. 18 (b) PURPOSE OF REIMBURSEMENT.—The amount 19 authorized to be transferred under subsection (a) is to re- 20 imburse the Environmental Protection Agency for costs 21 the Agency has incurred and will incur relating to the re- 22 sponse actions performed at the Twin Cities Army Ammu- 23 nition Plant, Minnesota, through September 30, 2025. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 114 •S 1790 RS (c) INTERAGENCY AGREEMENT.—The reimburse- 1 ment described in subsection (b) is intended to satisfy cer- 2 tain terms of the interagency agreement entered into by 3 the Department of the Army and the Environmental Pro- 4 tection Agency for the Twin Cities Army Ammunition 5 Plant that took effect in December 1987 and that pro- 6 vided for the recovery of expenses by the Agency from the 7 Department of the Army. 8 SEC. 316. PROHIBITION ON USE OF PERFLUOROALKYL SUB- 9 STANCES AND POLYFLUOROALKYL SUB- 10 STANCES FOR LAND-BASED APPLICATIONS 11 OF FIREFIGHTING FOAM. 12 (a) LIMITATION.—After October 1, 2022, no funds 13 of the Department of Defense may be obligated or ex- 14 pended to procure firefighting foam that contains in excess 15 of one part per billion of perfluoroalkyl substances and 16 polyfluoroalkyl substances. 17 (b) PROHIBITION ON USE AND DISPOSAL OF EXIST- 18 ING STOCKS.—Not later than October 1, 2023, the Sec- 19 retary of Defense shall— 20 (1) cease the use of firefighting foam containing 21 in excess of one part per billion of perfluoroalkyl 22 substances and polyfluoroalkyl substances; and 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 115 •S 1790 RS (2) dispose of all existing stocks of such fire- 1 fighting foam in accordance with the Solid Waste 2 Disposal Act (42 U.S.C. 6901 et seq.). 3 (c) EXEMPTION FOR SHIPBOARD USE.—Subsections 4 (a) and (b) shall not apply to firefighting foam for use 5 solely onboard ocean-going vessels. 6 (d) DEFINITIONS.—In this section: 7 (1) PERFLUOROALKYL SUBSTANCES.—The 8 term ‘‘perfluoroalkyl substances’’ means aliphatic 9 substances for which all of the H atoms attached to 10 C atoms in the nonfluorinated substance from which 11 they are notionally derived have been replaced by F 12 atoms, except those H atoms whose substitution 13 would modify the nature of any functional groups 14 present. 15 (2) POLYFLUOROALKYL SUBSTANCES.—The 16 term ‘‘polyfluoroalkyl substances’’ means aliphatic 17 substances for which all H atoms attached to at 18 least one (but not all) C atoms have been replaced 19 by F atoms, in such a manner that they contain the 20 perfluoroalkyl moiety CnF2n∂1l (for example, 21 C8F17CH2CH2OH). 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 116 •S 1790 RS SEC. 317. TRANSFER AUTHORITY FOR FUNDING OF STUDY 1 AND ASSESSMENT ON HEALTH IMPLICATIONS 2 OF PER- AND POLYFLUOROALKYL SUB- 3 STANCES CONTAMINATION IN DRINKING 4 WATER BY AGENCY FOR TOXIC SUBSTANCES 5 AND DISEASE REGISTRY. 6 Section 316(a)(2)(B)(ii) of the National Defense Au- 7 thorization Act for Fiscal Year 2018 (Public Law 115– 8 91; 131 Stat. 1350), as amended by section 315(a) of the 9 John S. McCain National Defense Authorization Act for 10 Fiscal Year 2019 (Public Law 115–232), is amended by 11 striking ‘‘2019 and 2020’’ and inserting ‘‘2019, 2020, and 12 2021’’. 13 SEC. 318. COOPERATIVE AGREEMENTS WITH STATES TO 14 ADDRESS CONTAMINATION BY 15 PERFLUOROALKYL AND POLYFLUOROALKYL 16 SUBSTANCES. 17 (a) COOPERATIVE AGREEMENTS.— 18 (1) IN GENERAL.—Upon request from the Gov- 19 ernor or chief executive of a State, the Secretary of 20 Defense shall work expeditiously, pursuant to section 21 2701(d) of title 10, United States Code, to finalize 22 a cooperative agreement, or amend an existing coop- 23 erative agreement to address testing, monitoring, re- 24 moval, and remedial actions relating to the contami- 25 nation or suspected contamination of drinking, sur- 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00116 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 117 •S 1790 RS face, or ground water from PFAS originating from 1 activities of the Department of Defense by providing 2 the mechanism and funding for the expedited review 3 and approval of documents of the Department re- 4 lated to PFAS investigations and remedial actions 5 from an active or decommissioned military installa- 6 tion, including a facility of the National Guard. 7 (2) MINIMUM STANDARDS.—A cooperative 8 agreement finalized or amended under paragraph 9 (1) shall meet or exceed the most stringent of the 10 following standards for PFAS in any environmental 11 media: 12 (A) An enforceable State standard, in ef- 13 fect in that State, for drinking, surface, or 14 ground water, as described in section 15 121(d)(2)(A)(ii) of the Comprehensive Environ- 16 mental Response, Compensation, and Liability 17 Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). 18 (B) An enforceable Federal standard for 19 drinking, surface, or ground water, as described 20 in section 121(d)(2)(A)(i) of the Comprehensive 21 Environmental Response, Compensation, and 22 Liability Act of 1980 (42 U.S.C. 23 9621(d)(2)(A)(i)). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 118 •S 1790 RS (b) REPORT.—Beginning on February 1, 2020, if a 1 cooperative agreement is not finalized or amended under 2 subsection (a) within one year after the request from the 3 Governor or chief executive under that subsection, and an- 4 nually thereafter, the Secretary of Defense shall submit 5 to the appropriate committees and Members of Congress 6 a report— 7 (1) explaining why the agreement has not been 8 finalized or amended, as the case may be; and 9 (2) setting forth a projected timeline for final- 10 izing or amending the agreement. 11 (c) DEFINITIONS.—In this section: 12 (1) APPROPRIATE COMMITTEES AND MEMBERS 13 OF CONGRESS.—The term ‘‘appropriate committees 14 and Members of Congress’’ means— 15 (A) the congressional defense committees; 16 (B) the Senators who represent a State 17 impacted by PFAS contamination described in 18 subsection (a)(1); and 19 (C) the Members of the House of Rep- 20 resentatives who represent a district impacted 21 by such contamination. 22 (2) FULLY FLUORINATED CARBON ATOM.—The 23 term ‘‘fully fluorinated carbon atom’’ means a car- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 119 •S 1790 RS bon atom on which all the hydrogen substituents 1 have been replaced by fluorine. 2 (3) PFAS.—The term ‘‘PFAS’’ means 3 perfluoroalkyl and polyfluoroalkyl substances that 4 are man-made chemicals with at least one fully 5 fluorinated carbon atom. 6 (4) STATE.—The term ‘‘State’’ has the mean- 7 ing given the term in section 101 of the Comprehen- 8 sive Environmental Response, Compensation, and 9 Liability Act of 1980 (42 U.S.C. 9601). 10 SEC. 319. MODIFICATION OF DEPARTMENT OF DEFENSE 11 ENVIRONMENTAL RESTORATION AUTHORI- 12 TIES TO INCLUDE FEDERAL GOVERNMENT 13 FACILITIES USED BY NATIONAL GUARD. 14 (a) DEFINITION OF FACILITY.—Section 2700(2) of 15 title 10, United States Code, is amended— 16 (1) by striking ‘‘The terms’’ and inserting ‘‘(A) 17 The terms’’; and 18 (2) by adding at the end the following new sub- 19 paragraph: 20 ‘‘(B) The term ‘facility’ includes real property 21 that is owned by, leased to, or otherwise possessed 22 by the United States at locations at which military 23 activities are conducted under this title or title 32 24 (including real property owned or leased by the Fed- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 120 •S 1790 RS eral Government that is licensed to and operated by 1 a State for training for the National Guard).’’. 2 (b) INCLUSION OF POLLUTANTS AND CONTAMINANTS 3 IN ENVIRONMENTAL RESPONSE ACTIONS.—Section 4 2701(c) of such title is amended by inserting ‘‘or pollut- 5 ants or contaminants’’ after ‘‘hazardous substances’’ each 6 place it appears. 7 (c) ESTABLISHMENT OF ENVIRONMENTAL RESTORA- 8 TION ACCOUNTS.—Section 2703(a) of such title is amend- 9 ed by adding at the end the following new paragraphs: 10 ‘‘(6) An account to be known as the ‘Environ- 11 mental Restoration Account, Army National Guard’ 12 (for real property owned or leased by the Federal 13 Government that is licensed to and operated by a 14 State for training for the Army National Guard). 15 ‘‘(7) An account to be known as the ‘Environ- 16 mental Restoration Account, Air National Guard’ 17 (for real property owned or leased by the Federal 18 Government that is licensed to and operated by a 19 State for training for the Air National Guard).’’. 20 SEC. 320. BUDGETING OF DEPARTMENT OF DEFENSE RE- 21 LATING TO EXTREME WEATHER. 22 (a) IN GENERAL.—The Secretary of Defense shall in- 23 clude in the annual budget submission of the President 24 under section 1105(a) of title 31, United States Code— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 121 •S 1790 RS (1) a dedicated budget line item for adaptation 1 to, and mitigation of, effects of extreme weather on 2 military networks, systems, installations, facilities, 3 and other assets and capabilities of the Department 4 of Defense; and 5 (2) an estimate of the anticipated adverse im- 6 pacts to the readiness of the Department and the fi- 7 nancial costs to the Department during the year cov- 8 ered by the budget of the loss of, or damage to, mili- 9 tary networks, systems, installations, facilities, and 10 other assets and capabilities of the Department, in- 11 cluding loss of or obstructed access to training 12 ranges, as a result extreme weather events. 13 (b) DISAGGREGATION OF IMPACTS AND COSTS.—The 14 estimate under subsection (a)(2) shall set forth the ad- 15 verse readiness impacts and financial costs under that 16 subsection by military department, Defense Agency, and 17 other component or element of the Department. 18 (c) EXTREME WEATHER DEFINED.—In this section, 19 the term ‘‘extreme weather’’ means recurrent flooding, 20 drought, desertification, wildfires, and thawing perma- 21 frost. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00121 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 122 •S 1790 RS SEC. 321. PILOT PROGRAM FOR AVAILABILITY OF WORK- 1 ING-CAPITAL FUNDS FOR INCREASED COM- 2 BAT CAPABILITY THROUGH ENERGY OPTIMI- 3 ZATION. 4 (a) IN GENERAL.—Notwithstanding section 2208 of 5 title 10, United States Code, the Secretary of Defense and 6 the military departments may use a working capital fund 7 established pursuant to that section for expenses directly 8 related to conducting a pilot program for energy optimiza- 9 tion initiatives described in subsection (b). 10 (b) ENERGY OPTIMIZATION INITIATIVES.—Energy 11 optimization initiatives covered by the pilot program in- 12 clude the research, development, procurement, installa- 13 tion, and sustainment of technologies or weapons system 14 platforms, and the manpower required to do so, that would 15 improve the efficiency and maintainability, extend the use- 16 ful life, lower maintenance costs, or provide performance 17 enhancement of the weapon system platform or major end 18 item. 19 (c) LIMITATION ON CERTAIN PROJECTS.—Funds 20 may not be used pursuant to subsection (a) for— 21 (1) any product improvement that significantly 22 changes the performance envelope of an end item; or 23 (2) any single component with an estimated 24 total cost in excess of $10,000,000. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 123 •S 1790 RS (d) LIMITATION IN FISCAL YEAR PENDING TIMELY 1 REPORT.—If during any fiscal year the report required 2 by paragraph (1) of subsection (e) is not submitted by 3 the date specified in paragraph (2) of that subsection, 4 funds may not be used pursuant to subsection (a) during 5 the period— 6 (1) beginning on the date specified in such 7 paragraph (2); and 8 (2) ending on the date of the submittal of the 9 report. 10 (e) ANNUAL REPORT.— 11 (1) IN GENERAL.—The Secretary of Defense 12 shall submit an annual report to the congressional 13 defense committees on the use of the authority 14 under subsection (a) during the preceding fiscal 15 year. 16 (2) DEADLINE FOR SUBMITTAL.—The report 17 required by paragraph (1) in a fiscal year shall be 18 submitted not later than 60 days after the date of 19 the submittal to Congress of the budget of the Presi- 20 dent for the succeeding fiscal year pursuant to sec- 21 tion 1105 of title 31, United States Code. 22 (3) RECOMMENDATION.—In the case of the re- 23 port required to be submitted under paragraph (1) 24 during fiscal year 2020, the report shall include the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 124 •S 1790 RS recommendation of the Secretary of Defense and the 1 military departments regarding whether the author- 2 ity under subsection (a) should be made permanent. 3 (f) SUNSET.—The authority under subsection (a) 4 shall expire on October 1, 2024. 5 SEC. 322. REPORT ON EFFORTS TO REDUCE HIGH ENERGY 6 INTENSITY AT MILITARY INSTALLATIONS. 7 (a) REPORT.— 8 (1) REPORT REQUIRED.—Not later than Sep- 9 tember 1, 2020, the Under Secretary of Defense for 10 Acquisition and Sustainment, in conjunction with 11 the assistant secretaries responsible for installations 12 and environment for the military departments and 13 the Defense Logistics Agency, shall submit to the 14 congressional defense committees a report detailing 15 the efforts to achieve cost savings at military instal- 16 lations with high energy intensity. 17 (2) ELEMENTS.—The report required under 18 paragraph (1) shall include the following elements: 19 (A) A comprehensive, installation-specific 20 assessment of feasible and mission-appropriate 21 energy initiatives supporting energy production 22 and consumption at military installations with 23 high energy intensity. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 125 •S 1790 RS (B) An assessment of current sources of 1 energy in areas with high energy intensity and 2 potential future sources that are technologically 3 feasible, cost-effective, and mission-appropriate 4 for military installations. 5 (C) A comprehensive implementation strat- 6 egy to include required investment for feasible 7 energy efficiency options determined to be the 8 most beneficial and cost-effective, where appro- 9 priate, and consistent with priorities of the De- 10 partment of Defense. 11 (D) An explanation on how the military de- 12 partments are working collaboratively in order 13 to leverage lessons learned on potential energy 14 efficiency solutions. 15 (E) An assessment of the extent to which 16 activities administered under the Federal En- 17 ergy Management Program of the Department 18 of Energy could be used to assist with the im- 19 plementation strategy under subparagraph (C). 20 (F) An assessment of State and local part- 21 nership opportunities that could achieve effi- 22 ciency and cost savings, and any legislative au- 23 thorities required to carry out such partner- 24 ships or agreements. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 126 •S 1790 RS (3) COORDINATION WITH STATE, LOCAL, AND 1 OTHER ENTITIES.—In preparing the report required 2 under paragraph (1), the Under Secretary of De- 3 fense for Acquisition and Sustainment may work in 4 conjunction and coordinate with the States con- 5 taining areas of high energy intensity, local commu- 6 nities, and other Federal agencies. 7 (b) DEFINITION.—In this section, the term ‘‘high en- 8 ergy intensity’’ means costs for the provision of energy by 9 kilowatt of electricity or British Thermal Unit of heat or 10 steam for a military installation in the United States that 11 is in the highest 20 percent of all military installations 12 for a military department. 13 SEC. 323. TECHNICAL AND GRAMMATICAL CORRECTIONS 14 AND REPEAL OF OBSOLETE PROVISIONS RE- 15 LATING TO ENERGY. 16 (a) TECHNICAL AND GRAMMATICAL CORRECTIONS.— 17 (1) TECHNICAL CORRECTIONS.—Title 10, 18 United States Code, is amended— 19 (A) in section 2913(c), by striking ‘‘gov- 20 ernment’’ and inserting ‘‘government or’’; and 21 (B) in section 2926(d)(1), in the second 22 sentence, by striking ‘‘Defense Agencies’’ and 23 inserting ‘‘the Defense Agencies’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 127 •S 1790 RS (2) GRAMMATICAL CORRECTIONS.—Such title is 1 further amended— 2 (A) in section 2922a(d), by striking ‘‘resil- 3 ience are prioritized and included’’ and insert- 4 ing ‘‘energy resilience are included as critical 5 factors’’; and 6 (B) in section 2925(a)(3), by striking ‘‘im- 7 pacting energy’’ and all that follows through 8 the period at the end and inserting ‘‘degrading 9 energy resilience at military installations (ex- 10 cluding planned outages for maintenance rea- 11 sons), whether caused by on- or off-installation 12 disruptions, including the total number of out- 13 ages and their locations, the duration of each 14 outage, the financial effect of each outage, 15 whether or not the mission was affected, the 16 downtimes (in minutes or hours) the mission 17 can afford based on mission requirements and 18 risk tolerances, the responsible authority man- 19 aging the utility, and measures taken to miti- 20 gate the outage by the responsible authority.’’. 21 (b) CLARIFICATION OF APPLICABILITY OF CON- 22 FLICTING AMENDMENTS MADE BY 2018 DEFENSE AU- 23 THORIZATION ACT.—Section 2911(e) of such title is 24 amended— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 128 •S 1790 RS (1) by striking paragraphs (1) and (2) and in- 1 serting the following new paragraphs: 2 ‘‘(1) Opportunities to reduce the current rate of 3 consumption of energy, the future demand for en- 4 ergy, and the requirement for the use of energy. 5 ‘‘(2) Opportunities to enhance energy resilience 6 to ensure the Department of Defense has the ability 7 to prepare for and recover from energy disruptions 8 that affect mission assurance on military installa- 9 tions.’’; and 10 (2) by striking the second paragraph (13). 11 (c) CONFORMING AND CLERICAL AMENDMENTS.— 12 (1) HEADING AMENDMENT.—The heading of 13 section 2926 of such title is amended to read as fol- 14 lows: 15 ‘‘§ 2926. Operational energy’’. 16 (2) CLERICAL AMENDMENT.—The table of sec- 17 tions at the beginning of chapter 173 of such title 18 is amended by striking the item relating to section 19 2926 and inserting the following new item: 20 ‘‘2926. Operational energy.’’. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00128 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 129 •S 1790 RS Subtitle C—Logistics and 1 Sustainment 2 SEC. 331. REQUIREMENT FOR MEMORANDA OF UNDER- 3 STANDING BETWEEN THE AIR FORCE AND 4 THE NAVY REGARDING DEPOT MAINTE- 5 NANCE. 6 Before the Secretary of the Navy transfers any main- 7 tenance action on a platform to a depot under the jurisdic- 8 tion of the Secretary of the Air Force or the Secretary 9 of the Air Force transfers any maintenance action on a 10 platform to a depot under the jurisdiction of the Secretary 11 of the Navy, the Air Logistics Complex Commander and 12 the Commander of Naval Air Systems Command shall 13 enter into a joint memorandum of understanding that lists 14 out responsibilities for work and technical oversight re- 15 sponsibilities for such maintenance. 16 SEC. 332. MODIFICATION TO LIMITATION ON LENGTH OF 17 OVERSEAS FORWARD DEPLOYMENT OF 18 NAVAL VESSELS. 19 Section 323 of the John S. McCain National Defense 20 Authorization Act for Fiscal Year 2019 (Public Law 115– 21 232) is amended— 22 (1) by redesignating subsection (c) as sub- 23 section (d); and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00129 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 130 •S 1790 RS (2) by inserting after subsection (b) the fol- 1 lowing new subsection (c): 2 ‘‘(c) EXTENSION OF LIMITATION ON LENGTH OF 3 OVERSEAS FORWARD DEPLOYMENT FOR U.S.S. SHILOH 4 (CG–67).—Notwithstanding subsection (b), the Secretary 5 of the Navy shall ensure that the U.S.S. Shiloh (CG–67) 6 is assigned a homeport in the United States by not later 7 than September 30, 2023.’’. 8 Subtitle D—Reports 9 SEC. 341. REPORT ON MODERNIZATION OF JOINT PACIFIC 10 ALASKA RANGE COMPLEX. 11 (a) REPORT REQUIRED.—Not later than May 1, 12 2020, the Secretary of the Air Force shall submit to the 13 congressional defense committees a report on the long- 14 term modernization of the Joint Pacific Alaska Range 15 Complex (in this section referred to as the ‘‘JPARC’’). 16 (b) ELEMENTS.—The report required under sub- 17 section (a) shall include the following: 18 (1) An assessment of the requirement for the 19 JPARC to provide realistic training against modern 20 adversaries, including 5th generation adversary air- 21 craft and ground threats, and any current limita- 22 tions compared to those requirements. 23 (2) An assessment of the requirement for 24 JPARC to provide a realistic anti-access area denial 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00130 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 131 •S 1790 RS training environment and any current limitations 1 compared to those requirements. 2 (3) An assessment of the requirement to mod- 3 ernize the JPARC to provide realistic threats in a 4 large-scale, combined-arms near-peer environment 5 and any current limitations in meeting that require- 6 ment. The assessment should include— 7 (A) target sets; 8 (B) early warning and surveillance sys- 9 tems; 10 (C) threat systems; 11 (D) real-time communications capacity and 12 security; 13 (E) instrumentation and enabling mission 14 data fusion capabilities; and 15 (F) such other range deficiencies as the 16 Secretary of the Air Force considers appro- 17 priate to identify. 18 (4) A plan for balancing coalition training 19 against training only for members of the Armed 20 Forces of the United States at the JPARC. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 132 •S 1790 RS Subtitle E—Other Matters 1 SEC. 351. STRATEGY TO IMPROVE INFRASTRUCTURE OF 2 CERTAIN DEPOTS OF THE DEPARTMENT OF 3 DEFENSE. 4 (a) STRATEGY REQUIRED.—Not later than October 5 1, 2020, the Secretary of Defense shall submit to the con- 6 gressional defense committees a comprehensive strategy 7 for improving the depot infrastructure of the military de- 8 partments with the objective of ensuring that all covered 9 depots have the capacity and capability to support the 10 readiness and material availability goals of current and fu- 11 ture weapon systems of the Department of Defense. 12 (b) ELEMENTS.—The strategy under subsection (a) 13 shall include the following: 14 (1) A comprehensive review of the conditions 15 and performance at each covered depot, including 16 the following: 17 (A) An assessment of the current status of 18 the following elements: 19 (i) Cost and schedule performance of 20 the depot. 21 (ii) Material availability of weapon 22 systems supported at the depot and the 23 impact of the performance of the depot on 24 that availability. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 133 •S 1790 RS (iii) Work in progress and non-oper- 1 ational items awaiting depot maintenance. 2 (iv) The condition of the depot. 3 (v) The backlog of restoration and 4 modernization projects at the depot. 5 (vi) The condition of equipment at the 6 depot. 7 (B) An identification of analytically based 8 goals relating to the elements identified in sub- 9 paragraph (A). 10 (2) A business-case analysis that assesses in- 11 vestment alternatives comparing cost, performance, 12 risk, and readiness outcomes and recommends an 13 optimal investment approach across the Department 14 of Defense to ensure covered depots efficiently and 15 effectively meet the readiness goals of the Depart- 16 ment, including an assessment of the following alter- 17 natives: 18 (A) The minimum investment necessary to 19 meet investment requirements under section 20 2476 of title 10, United States Code. 21 (B) The investment necessary to ensure 22 the current inventory of facilities at covered de- 23 pots can meet the mission-capable, readiness, 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 134 •S 1790 RS and contingency goals of the Secretary of De- 1 fense. 2 (C) The investment necessary to execute 3 the depot infrastructure optimization plans of 4 each military department. 5 (D) Any other strategies for investment in 6 covered depots, as identified by the Secretary. 7 (3) A plan to improve conditions and perform- 8 ance of covered depots that identifies the following: 9 (A) The approach of the Secretary of De- 10 fense for achieving the goals outlined in para- 11 graph (1)(B). 12 (B) The resources and investments re- 13 quired to implement the plan. 14 (C) The activities and milestones required 15 to implement the plan. 16 (D) A results-oriented approach to as- 17 sess— 18 (i) the progress of each military de- 19 partment in achieving such goals; and 20 (ii) the progress of the Department in 21 implementing the plan. 22 (E) Organizational roles and responsibil- 23 ities for implementing the plan. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 135 •S 1790 RS (F) A process for conducting regular man- 1 agement review and coordination of the 2 progress of each military department in imple- 3 menting the plan and achieving such goals. 4 (G) The extent to which the Secretary has 5 addressed recommendations made by the Comp- 6 troller General of the United States relating to 7 depot operations during the five-year period 8 preceding the date of submittal of the strategy 9 under this section. 10 (H) Risks to implementing the plan and 11 mitigation strategies to address those risks. 12 (c) ANNUAL REPORT ON PROGRESS.—As part of the 13 annual budget submission of the President under section 14 1105(a) of title 31, United States Code, the Secretary of 15 Defense shall submit to the congressional defense commit- 16 tees a report describing the progress made in— 17 (1) implementing the strategy under subsection 18 (a); and 19 (2) achieving the goals outlined in subsection 20 (b)(1)(B). 21 (d) COMPTROLLER GENERAL REPORTS.— 22 (1) ASSESSMENT OF STRATEGY.—Not later 23 than January 1, 2021, the Comptroller General of 24 the United States shall submit to the congressional 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00135 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 136 •S 1790 RS defense committees a report assessing the extent to 1 which the strategy under subsection (a) meets the 2 requirements of this section. 3 (2) ASSESSMENT OF IMPLEMENTATION.—Not 4 later than April 1, 2022, the Comptroller General 5 shall submit to the congressional defense committees 6 a report setting forth an assessment of the extent to 7 which the strategy under subsection (a) has been ef- 8 fectively implemented by each military department 9 and the Secretary of Defense. 10 (e) COVERED DEPOT DEFINED.—In this section, the 11 term ‘‘covered depot’’ has the meaning given that term 12 in section 2476(e) of title 10, United States Code. 13 SEC. 352. LIMITATION ON USE OF FUNDS REGARDING THE 14 BASING OF KC–46A AIRCRAFT OUTSIDE THE 15 CONTINENTAL UNITED STATES. 16 (a) REPORT.— 17 (1) IN GENERAL.—Not later than 180 days 18 after the date of the enactment of this Act, the Sec- 19 retary of the Air Force shall submit to Congress a 20 report on the projected plan and timeline for stra- 21 tegic basing of the KC–46A aircraft outside the con- 22 tinental United States. 23 (2) ELEMENTS.—In considering basing options 24 in the report required by paragraph (1), the Sec- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 137 •S 1790 RS retary of the Air Force shall consider locations 1 that— 2 (A) support day-to-day air refueling oper- 3 ations, operations plans of the combatant com- 4 mands, and flexibility for contingency oper- 5 ations, and have— 6 (i) a strategic location that is essen- 7 tial to the defense of the United States 8 and its interests; 9 (ii) receivers for boom or probe-and- 10 drogue combat training opportunities with 11 joint and international partners; and 12 (iii) sufficient airfield and airspace 13 availability and capacity to meet require- 14 ments; and 15 (B) possess facilities that— 16 (i) take full advantage of existing in- 17 frastructure to provide— 18 (I) runways, hangars, and air- 19 crew and maintenance operations; and 20 (II) sufficient fuel receipt, stor- 21 age, and distribution for a five-day 22 peacetime operating stock; and 23 (ii) minimize overall construction and 24 operational costs. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00137 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 138 •S 1790 RS (b) LIMITATION ON USE OF FUNDS.—Not more than 1 85 percent of the funds authorized to be appropriated by 2 this Act or otherwise made available for fiscal year 2020 3 for the Air Force for operation and maintenance for the 4 Management Headquarters Program (Program Element 5 92398F) may be obligated or expended until the Secretary 6 of the Air Force submits the report required by subsection 7 (a) unless the Secretary of the Air Force certifies to Con- 8 gress that the use of additional funds is mission essential. 9 SEC. 353. PREVENTION OF ENCROACHMENT ON MILITARY 10 TRAINING ROUTES AND MILITARY OPER- 11 ATIONS AREAS. 12 Section 183a of title 10, United States Code, is 13 amended— 14 (1) in subsection (c)(6)— 15 (A) by striking ‘‘radar or airport surveil- 16 lance radar operated’’ and inserting ‘‘radar, air- 17 port surveillance radar, or wide area surveil- 18 lance over-the-horizon radar operated’’; and 19 (B) by inserting ‘‘Any setback for a project 20 pursuant to the previous sentence shall not be 21 more than what is determined to be necessary 22 by a technical analysis conducted by the Lin- 23 coln Laboratory at the Massachusetts Institute 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 139 •S 1790 RS of Technology or any successor entity.’’ after 1 ‘‘mitigation options.’’; 2 (2) in subsection (d)— 3 (A) in paragraph (2)(E), by striking ‘‘to a 4 Deputy Secretary of Defense, an Under Sec- 5 retary of Defense, or a Principal Deputy Under 6 Secretary of Defense’’ and inserting ‘‘to the 7 Deputy Secretary of Defense, an Under Sec- 8 retary of Defense, or a Deputy Under Secretary 9 of Defense’’; 10 (B) by redesignating paragraph (3) as 11 paragraph (4); and 12 (C) by inserting after paragraph (2) the 13 following new paragraph (3): 14 ‘‘(3) The governor of a State may recommend 15 to the Secretary of Defense additional geographical 16 areas of concern within that State. Any such rec- 17 ommendation shall be submitted for notice and com- 18 ment pursuant to paragraph (2)(C).’’; 19 (3) in subsection (e)(3), by striking ‘‘an under 20 secretary of defense, or a deputy under secretary of 21 defense’’ and inserting ‘‘an Under Secretary of De- 22 fense, or a Deputy Under Secretary of Defense’’; 23 (4) in subsection (f), by striking ‘‘from an ap- 24 plicant for a project filed with the Secretary of 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 140 •S 1790 RS Transportation pursuant to section 44718 of title 1 49’’ and inserting ‘‘from an entity requesting a re- 2 view by the Clearinghouse under this section’’; and 3 (5) in subsection (h)— 4 (A) by redesignating paragraphs (3), (4), 5 (5), (6), and (7) as paragraphs (4), (5), (6), 6 (7), and (9), respectively; 7 (B) by inserting after paragraph (2) the 8 following new paragraph (3): 9 ‘‘(3) The term ‘governor’, with respect to a 10 State, means the chief executive officer of the 11 State.’’; 12 (C) in paragraph (7), as redesignated by 13 subparagraph (A), by striking ‘‘by the Federal 14 Aviation Administration’’ and inserting ‘‘by the 15 Administrator of the Federal Aviation Adminis- 16 tration’’; and 17 (D) by inserting after paragraph (7), as 18 redesignated by subparagraph (A), the following 19 new paragraph: 20 ‘‘(8) The term ‘State’ means the several States, 21 the District of Columbia, the Commonwealth of 22 Puerto Rico, the Commonwealth of the Northern 23 Mariana Islands, Guam, the United States Virgin 24 Islands, and American Samoa.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 141 •S 1790 RS SEC. 354. EXPANSION AND ENHANCEMENT OF AUTHORI- 1 TIES ON TRANSFER AND ADOPTION OF MILI- 2 TARY ANIMALS. 3 (a) TRANSFER AND ADOPTION GENERALLY.—Sec- 4 tion 2583 of title 10, United States Code, is amended— 5 (1) in subsection (a)— 6 (A) in the subsection heading, by inserting 7 ‘‘TRANSFER OR’’ before ‘‘ADOPTION’’; and 8 (B) by striking ‘‘adoption’’ each place it 9 appears and inserting ‘‘transfer or adoption’’; 10 (2) in subsection (b)— 11 (A) in the subsection heading, by inserting 12 ‘‘TRANSFER OR’’ before ‘‘ADOPTION’’; and 13 (B) in the first sentence, by striking 14 ‘‘adoption’’ and inserting ‘‘transfer or adop- 15 tion’’; and 16 (C) in the second sentence, striking 17 ‘‘adoptability’’ and inserting ‘‘transferability or 18 adoptability’’; 19 (3) in subsection (c)(1)— 20 (A) in the matter preceding subparagraph 21 (A)— 22 (i) by inserting ‘‘transfer or’’ before 23 ‘‘adoption’’; and 24 (ii) by inserting ‘‘, by’’ after ‘‘rec- 25 ommended priority’’; 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 142 •S 1790 RS (B) in subparagraphs (A) and (B), by in- 1 serting ‘‘adoption’’ before ‘‘by’’; 2 (C) in subparagraph (B), by inserting ‘‘or 3 organizations’’ after ‘‘persons’’; and 4 (D) in subparagraph (C), by striking ‘‘by’’ 5 and inserting ‘‘transfer to’’; and 6 (4) in subsection (e)— 7 (A) in the subsection heading, by inserting 8 ‘‘OR ADOPTED’’after ‘‘TRANSFERRED’’; 9 (B) in paragraphs (1) and (2), by striking 10 ‘‘transferred’’ each place it appears and insert- 11 ing ‘‘transferred or adopted’’; and 12 (C) in paragraph (2), by striking ‘‘trans- 13 fer’’ each place it appears and inserting ‘‘trans- 14 fer or adoption’’. 15 (b) VETERINARY SCREENING AND CARE FOR MILI- 16 TARY WORKING DOGS TO BE RETIRED.—Such section is 17 further amended— 18 (1) by redesignating subsections (f), (g), and 19 (h) as subsections (g), (h), and (i), respectively; and 20 (2) by inserting after subsection (e) the fol- 21 lowing new subsection (f): 22 ‘‘(f) VETERINARY SCREENING AND CARE FOR MILI- 23 TARY WORKING DOGS TO BE RETIRED.—(1)(A) If the 24 Secretary of the military department concerned deter- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 143 •S 1790 RS mines that a military working dog should be retired, such 1 Secretary shall transport the dog to the Veterinary Treat- 2 ment Facility at Lackland Air Force Base, Texas. 3 ‘‘(B) In the case of a contract working dog to be re- 4 tired, transportation required by subparagraph (A) is sat- 5 isfied by the transfer of the dog to the 341st Training 6 Squadron at the end of the dog’s service life as required 7 by section 2410r of this title and assignment of the dog 8 to the Veterinary Treatment Facility referred to in that 9 subparagraph. 10 ‘‘(2)(A) The Secretary of Defense shall ensure that 11 each dog transported as described in paragraph (1) to the 12 Veterinary Treatment Facility referred to in that para- 13 graph is provided with a full veterinary screening, and nec- 14 essary veterinary care (including surgery for any mental, 15 dental, or stress-related illness), before transportation of 16 the dog in accordance with subsection (g). 17 ‘‘(B) For purposes of this paragraph, stress-related 18 illness includes illness in connection with post-traumatic 19 stress, anxiety that manifests in a physical ailment, obses- 20 sive compulsive behavior, and any other stress-related ail- 21 ment. 22 ‘‘(3) Transportation is not required under paragraph 23 (1), and screening and care is not required under para- 24 graph (2), for a military working dog located outside the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 144 •S 1790 RS United States if the Secretary of the military department 1 concerned determines that transportation of the dog to the 2 United States would not be in the best interests of the 3 dog for medical reasons.’’. 4 (c) COORDINATION OF SCREENING AND CARE RE- 5 QUIREMENTS WITH TRANSPORTATION REQUIREMENTS.— 6 Subsection (g) of such section, as redesignated by sub- 7 section (b)(1) of this section, is amended to read as fol- 8 lows: 9 ‘‘(g) TRANSPORTATION OF RETIRING MILITARY 10 WORKING DOGS.—Upon completion of veterinary screen- 11 ing and care for a military working dog to be retired pur- 12 suant to subsection (f), the Secretary of the military de- 13 partment concerned shall— 14 ‘‘(1) if the dog was at a location outside the 15 United States immediately prior to transportation 16 for such screening and care and a United States cit- 17 izen or member of the armed forces living abroad 18 agrees to adopt the dog, transport the dog to such 19 location for adoption; or 20 ‘‘(2) for any other dog, transport the dog— 21 ‘‘(A) to the 341st Training Squadron; 22 ‘‘(B) to another location within the United 23 States for transfer or adoption under this sec- 24 tion.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 145 •S 1790 RS (d) PRESERVATION OF POLICY ON TRANSFER OF 1 MILITARY WORKING DOGS TO LAW ENFORCEMENT 2 AGENCIES.—Subsection (h) of such section, as so redesig- 3 nated, is amended in paragraph (3) by striking ‘‘adoption 4 of military working dogs’’ and all that follows through the 5 period at the end and inserting ‘‘transfer of military work- 6 ing dogs to law enforcement agencies before the end of 7 the dogs’ useful working lives.’’. 8 (e) CLARIFICATION OF HORSES TREATABLE AS MILI- 9 TARY ANIMALS.—Subsection (i) of such section, as so re- 10 designated, is amended by striking paragraph (2) and in- 11 serting the following new paragraph (2): 12 ‘‘(2) An equid (horse, mule, or donkey) owned 13 by the Department of Defense.’’. 14 (f) CONTRACT TERM FOR CONTRACT WORKING 15 DOGS.—Section 2410r(a) of title 10, United States Code, 16 is amended— 17 (1) by inserting ‘‘, and shall contain a contract 18 term,’’ after ‘‘shall require’’; 19 (2) by inserting ‘‘and assigned for veterinary 20 screening and care in accordance with section 2583 21 of this title’’ after ‘‘341st Training Squadron’’; and 22 (3) by striking ‘‘section 2583 of this title’’ and 23 inserting ‘‘such section’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 146 •S 1790 RS SEC. 355. LIMITATION ON CONTRACTING RELATING TO DE- 1 FENSE PERSONAL PROPERTY PROGRAM. 2 (a) CONTRACTING PROHIBITION.—The Secretary of 3 Defense may not enter into or award any single or mul- 4 tiple-award contract to a single-source or multiple-vendor 5 commercial provider for the management of the Defense 6 Personal Property Program during the period beginning 7 on the date of the enactment of this Act and ending on 8 the date that is 60 days after the date on which the Comp- 9 troller General of the United States submits to the con- 10 gressional defense committees a report on the administra- 11 tion of the Defense Personal Property Program, which 12 was requested by the Committee on Armed Services of the 13 Senate to be submitted to the congressional defense com- 14 mittees not later than February 15, 2020. 15 (b) REVIEW OF PROPOSALS.—Nothing in this section 16 shall be construed as preventing the Secretary of Defense 17 from reviewing or evaluating any solicited or unsolicited 18 proposals to improve the Defense Personal Property Pro- 19 gram. 20 SEC. 356. PROHIBITION ON SUBJECTIVE UPGRADES BY 21 COMMANDERS OF UNIT RATINGS IN MONTH- 22 LY READINESS REPORTING ON MILITARY 23 UNITS. 24 (a) IN GENERAL.—The Chairman of the Joint Chiefs 25 of Staff shall modify Chairman of the Joint Chiefs of Staff 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 147 •S 1790 RS Instruction (CJCSI) 3401.02B, on Force Readiness Re- 1 porting, to prohibit the commander of a military unit who 2 is responsible for monthly reporting of the readiness of 3 the unit under the instruction from making any upgrade 4 of the overall rating of the unit (commonly referred to as 5 the ‘‘C-rating’’) for such reporting purposes based in 6 whole or in part on subjective factors. 7 (b) WAIVER.— 8 (1) IN GENERAL.—The modification required 9 by subsection (a) shall authorize an officer in a gen- 10 eral or flag officer grade in the chain of command 11 of a commander described in that subsection to 12 waive the prohibition described in that subsection in 13 connection with readiness reporting on the unit con- 14 cerned if the officer considers the waiver appropriate 15 in the circumstances. 16 (2) REPORTING ON WAIVERS.—Each report on 17 personnel and unit readiness submitted to Congress 18 for a calendar year quarter pursuant to section 482 19 of title 10, United States Code, shall include infor- 20 mation on each waiver, if any, issued pursuant to 21 paragraph (1) during such calendar year quarter. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 148 •S 1790 RS SEC. 357. EXTENSION OF TEMPORARY INSTALLATION RE- 1 UTILIZATION AUTHORITY FOR ARSENALS, 2 DEPOTS, AND PLANTS. 3 Section 345(d) of the National Defense Authorization 4 Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 5 2667 note) is amended by striking ‘‘September 30, 2020’’ 6 and inserting ‘‘September 30, 2025’’. 7 SEC. 358. CLARIFICATION OF FOOD INGREDIENT REQUIRE- 8 MENTS FOR FOOD OR BEVERAGES PROVIDED 9 BY THE DEPARTMENT OF DEFENSE. 10 (a) IN GENERAL.—Before making any final rule, 11 statement, or determination regarding the limitation or 12 prohibition of any food or beverage ingredient in military 13 food service, military medical foods, commissary food, or 14 commissary food service, the Secretary of Defense shall 15 publish in the Federal Register a notice of a preliminary 16 rule, statement, or determination (in this section referred 17 to as a ‘‘proposed action’’) and provide opportunity for 18 public comment. 19 (b) MATTERS TO BE INCLUDED.—The Secretary 20 shall include in any notice published under subsection (a) 21 the following: 22 (1) The date and contact information for the 23 appropriate office at the Department of Defense. 24 (2) A summary of the notice. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 149 •S 1790 RS (3) A date for comments to be submitted and 1 specific methods for submitting comments. 2 (4) A description of the substance of the pro- 3 posed action. 4 (5) Findings and a statement of reason sup- 5 porting the proposed action. 6 SEC. 359. TECHNICAL CORRECTION TO DEADLINE FOR 7 TRANSITION TO DEFENSE READINESS RE- 8 PORTING SYSTEM STRATEGIC. 9 Section 358(c) of the John S. McCain National De- 10 fense Authorization Act for Fiscal Year 2019 (Public Law 11 115–232) is amended by striking ‘‘October 1, 2019’’ and 12 inserting ‘‘October 1, 2020’’. 13 TITLE IV—MILITARY 14 PERSONNEL AUTHORIZATIONS 15 Subtitle A—Active Forces 16 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 17 The Armed Forces are authorized strengths for active 18 duty personnel as of September 30, 2020, as follows: 19 (1) The Army, 480,000. 20 (2) The Navy, 340,500. 21 (3) The Marine Corps, 186,200. 22 (4) The Air Force, 332,800. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 150 •S 1790 RS Subtitle B—Reserve Forces 1 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 2 (a) IN GENERAL.—The Armed Forces are authorized 3 strengths for Selected Reserve personnel of the reserve 4 components as of September 30, 2020, as follows: 5 (1) The Army National Guard of the United 6 States, 336,000. 7 (2) The Army Reserve, 189,500. 8 (3) The Navy Reserve, 59,000. 9 (4) The Marine Corps Reserve, 38,500. 10 (5) The Air National Guard of the United 11 States, 107,700. 12 (6) The Air Force Reserve, 70,100. 13 (7) The Coast Guard Reserve, 7,000. 14 (b) END STRENGTH REDUCTIONS.—The end 15 strengths prescribed by subsection (a) for the Selected Re- 16 serve of any reserve component shall be proportionately 17 reduced by— 18 (1) the total authorized strength of units orga- 19 nized to serve as units of the Selected Reserve of 20 such component which are on active duty (other 21 than for training) at the end of the fiscal year; and 22 (2) the total number of individual members not 23 in units organized to serve as units of the Selected 24 Reserve of such component who are on active duty 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 151 •S 1790 RS (other than for training or for unsatisfactory partici- 1 pation in training) without their consent at the end 2 of the fiscal year. 3 (c) END STRENGTH INCREASES.—Whenever units or 4 individual members of the Selected Reserve of any reserve 5 component are released from active duty during any fiscal 6 year, the end strength prescribed for such fiscal year for 7 the Selected Reserve of such reserve component shall be 8 increased proportionately by the total authorized strengths 9 of such units and by the total number of such individual 10 members. 11 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 12 DUTY IN SUPPORT OF THE RESERVES. 13 Within the end strengths prescribed in section 14 411(a), the reserve components of the Armed Forces are 15 authorized, as of September 30, 2020, the following num- 16 ber of Reserves to be serving on full-time active duty or 17 full-time duty, in the case of members of the National 18 Guard, for the purpose of organizing, administering, re- 19 cruiting, instructing, or training the reserve components: 20 (1) The Army National Guard of the United 21 States, 30,595. 22 (2) The Army Reserve, 16,511. 23 (3) The Navy Reserve, 10,155. 24 (4) The Marine Corps Reserve, 2,386. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 152 •S 1790 RS (5) The Air National Guard of the United 1 States, 22,637. 2 (6) The Air Force Reserve, 4,431. 3 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 4 (DUAL STATUS). 5 (a) IN GENERAL.—The authorized number of mili- 6 tary technicians (dual status) as of the last day of fiscal 7 year 2020 for the reserve components of the Army and 8 the Air Force (notwithstanding section 129 of title 10, 9 United States Code) shall be the following: 10 (1) For the Army National Guard of the United 11 States, 22,294. 12 (2) For the Army Reserve, 6,492. 13 (3) For the Air National Guard of the United 14 States, 13,569. 15 (4) For the Air Force Reserve, 8,938. 16 (b) VARIANCE.—Notwithstanding section 115 of title 17 10, United States Code, the end strength prescribed by 18 subsection (a) for a reserve component specified in that 19 subsection may be increased— 20 (1) by 3 percent, upon determination by the 21 Secretary of Defense that such action is in the na- 22 tional interest; and 23 (2) by 2 percent, upon determination by the 24 Secretary of the military department concerned that 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 153 •S 1790 RS such action would enhance manning and readiness in 1 essential units or in critical specialties or ratings. 2 (c) LIMITATION.—Under no circumstances may a 3 military technician (dual status) employed under the au- 4 thority of this section be coerced by a State into accepting 5 an offer of realignment or conversion to any other military 6 status, including as a member of the Active, Guard, and 7 Reserve program of a reserve component. If a military 8 technician (dual status) declines to participate in such re- 9 alignment or conversion, no further action will be taken 10 against the individual or the individual’s position. 11 (d) ADJUSTMENT OF AUTHORIZED STRENGTH.— 12 (1) IN GENERAL.—If, at the end of fiscal year 13 2019, the Air National Guard of the United States 14 does not meet its full-time support realignment goals 15 for such fiscal year (as presented in the justification 16 materials of the Department of Defense in support 17 of the budget of the President for such fiscal year 18 under section 1105 of title 31, United States Code), 19 the authorized number of military technicians (dual 20 status) of the Air National Guard of the United 21 States under subsection (a)(3) shall be increased by 22 the number equal to difference between— 23 (A) 3,190, which is the number of military 24 technicians (dual status) positions in the Air 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 154 •S 1790 RS National Guard of the United States sought to 1 be converted to the Active, Guard, and Reserve 2 program of the Air National Guard during fis- 3 cal year 2019; and 4 (B) the number of realigned positions 5 achieved in the Air National Guard by the end 6 of fiscal year 2019. 7 (2) LIMITATION.—The increase under para- 8 graph (1) in the authorized number of military tech- 9 nician (dual status) positions described in that para- 10 graph may not exceed 2,292. 11 (3) DECREASE IN AUTHORIZED NUMBER OF 12 ANGUS RESERVES ON ACTIVE DUTY IN SUPPORT OF 13 THE RESERVES.—In the event of an adjustment to 14 the authorized number military technicians (dual 15 status) of the Air National Guard of the United 16 States under this subsection, the number of mem- 17 bers of the Air National Guard of the United States 18 authorized by section 412(5) to be on active duty as 19 of September 30, 2020, shall be decreased by the 20 number equal to the number of such adjustment. 21 (e) CERTIFICATION.—Not later than January 1, 22 2020, the Chief of the National Guard Bureau shall cer- 23 tify to the Committees on Armed Services of the Senate 24 and House of Representatives the number of positions re- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 155 •S 1790 RS aligned from a military technician (dual status) position 1 to a position in the Active, Guard, and Reserve program 2 of a reserve component in fiscal year 2019. 3 (f) DEFINITIONS.—In subsections (c), (d), and (e): 4 (1) The term ‘‘realigned position’’ means any 5 military technician (dual status) position which has 6 been converted or realigned to a position in an Ac- 7 tive, Guard, and Reserve program of a reserve com- 8 ponent under the full time support rebalancing plan 9 of the Armed Force concerned, regardless of whether 10 such position is encumbered. 11 (2) The term ‘‘Active, Guard, and Reserve pro- 12 gram’’, in the case of a reserve component, means 13 the program of the reserve component under which 14 Reserves serve on full-time active duty or full-time 15 duty, in the case of members of the National Guard, 16 for the purpose of organizing, administering, recruit- 17 ing, instructing, or training such reserve component. 18 SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU- 19 THORIZED TO BE ON ACTIVE DUTY FOR 20 OPERATIONAL SUPPORT. 21 During fiscal year 2020, the maximum number of 22 members of the reserve components of the Armed Forces 23 who may be serving at any time on full-time operational 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 156 •S 1790 RS support duty under section 115(b) of title 10, United 1 States Code, is the following: 2 (1) The Army National Guard of the United 3 States, 17,000. 4 (2) The Army Reserve, 13,000. 5 (3) The Navy Reserve, 6,200. 6 (4) The Marine Corps Reserve, 3,000. 7 (5) The Air National Guard of the United 8 States, 16,000. 9 (6) The Air Force Reserve, 14,000. 10 SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS 11 RESERVES ON ACTIVE DUTY. 12 (a) OFFICERS.—Section 12011(a)(1) of title 10, 13 United States Code, is amended by striking that part of 14 the table pertaining to the Marine Corps Reserve and in- 15 serting the following: 16 ‘‘Marine Corps Reserve: 17 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) 18 of title 10, United States Code, is amended by striking 19 that part of the table pertaining to the Marine Corps Re- 20 serve and inserting the following: 21 ‘‘Marine Corps Reserve: 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 157 •S 1790 RS 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 1 this section shall take effect on October 1, 2019, and shall 2 apply with respect to fiscal years beginning on or after 3 that date. 4 Subtitle C—Authorization of 5 Appropriations 6 SEC. 421. MILITARY PERSONNEL. 7 (a) AUTHORIZATION OF APPROPRIATIONS.—Funds 8 are hereby authorized to be appropriated for fiscal year 9 2020 for the use of the Armed Forces and other activities 10 and agencies of the Department of Defense for expenses, 11 not otherwise provided for, for military personnel, as spec- 12 ified in the funding table in section 4401. 13 (b) CONSTRUCTION OF AUTHORIZATION.—The au- 14 thorization of appropriations in subsection (a) supersedes 15 any other authorization of appropriations (definite or in- 16 definite) for such purpose for fiscal year 2020. 17 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 158 •S 1790 RS TITLE V—MILITARY PERSONNEL 1 POLICY 2 Subtitle A—Officer Personnel 3 Policy 4 SEC. 501. REPEAL OF CODIFIED SPECIFICATION OF AU- 5 THORIZED STRENGTHS OF CERTAIN COMMIS- 6 SIONED OFFICERS ON ACTIVE DUTY. 7 Effective as of October 1, 2020, the text of section 8 523 of title 10, United States Code, is amended to read 9 as follows: 10 ‘‘The total number of commissioned officers serving 11 on active duty in the Army, Air Force, or Marine Corps 12 in each of the grades of major, lieutenant colonel, or colo- 13 nel, or in the Navy in each of the grades of lieutenant 14 commander, commander, or captain, at the end of any fis- 15 cal year shall be as specifically authorized by Act of Con- 16 gress for such fiscal year.’’. 17 SEC. 502. MAKER OF ORIGINAL APPOINTMENTS IN A REG- 18 ULAR OR RESERVE COMPONENT OF COMMIS- 19 SIONED OFFICERS PREVIOUSLY SUBJECT TO 20 ORIGINAL APPOINTMENT IN OTHER TYPE OF 21 COMPONENT. 22 (a) MAKER OF REGULAR APPOINTMENTS IN TRANS- 23 FER FROM RESERVE ACTIVE-STATUS LIST TO ACTIVE- 24 DUTY LIST.—Section 531(c) of title 10, United States 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 159 •S 1790 RS Code, is amended by striking ‘‘the Secretary concerned’’ 1 and inserting ‘‘the Secretary of Defense’’. 2 (b) MAKER OF RESERVE APPOINTMENTS IN TRANS- 3 FER FROM ACTIVE-DUTY LIST TO RESERVE ACTIVE-STA- 4 TUS LIST.—Subsection (b) of section 12203 of such title 5 is amended by striking ‘‘the Secretary concerned’’ and in- 6 serting ‘‘the Secretary of Defense’’. 7 (c) TREATMENT OF REGULAR APPOINTMENT AS 8 CONSTRUCTIVE RESERVE APPOINTMENT TO FACILITATE 9 TRANSFER FROM ACTIVE DUTY LIST TO RESERVE AC- 10 TIVE-STATUS LIST.—Such section 12203 is further 11 amended— 12 (1) by redesignating subsection (c) as sub- 13 section (d); and 14 (2) by inserting after subsection (b) the fol- 15 lowing new subsection (c): 16 ‘‘(c) For purposes of appointments under this section, 17 an officer who receives an original appointment as a reg- 18 ular commissioned officer in a grade under section 531 19 of this title that is made on or after the date of the enact- 20 ment of the National Defense Authorization Act for Fiscal 21 Year 2020 shall be deemed also to have received an origi- 22 nal appointment as a reserve commissioned officer in such 23 grade.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 160 •S 1790 RS SEC. 503. FURNISHING OF ADVERSE INFORMATION ON OF- 1 FICERS TO PROMOTION SELECTION BOARDS. 2 (a) EXPANSION OF GRADES OF OFFICERS FOR 3 WHICH INFORMATION IS FURNISHED.—Section 615(a)(3) 4 of title 10, United States Code, is amended— 5 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 6 (2) in subparagraph (A), as designated by para- 7 graph (1), by striking ‘‘a grade above colonel or, in 8 the case of the Navy, captain,’’ and inserting ‘‘a 9 grade specified in subparagraph (B)’’; and 10 (3) by adding at the end the following new sub- 11 paragraph: 12 ‘‘(B) A grade specified in this subparagraph is as fol- 13 lows: 14 ‘‘(i) In the case of a regular officer, a grade 15 above captain or, in the case of the Navy, lieutenant. 16 ‘‘(ii) In the case of a reserve officer, a grade 17 above lieutenant colonel or, in the case of the Navy, 18 commander.’’. 19 (b) FURNISHING AT EVERY PHASE OF CONSIDER- 20 ATION.—Such section is further amended by adding at the 21 end the following new subparagraph: 22 ‘‘(C) The standards and procedures referred to in 23 subparagraph (A) shall require the furnishing to the selec- 24 tion board, and to each individual member of the board, 25 the information described in that paragraph with regard 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 161 •S 1790 RS to an officer in a grade specified in subparagraph (B) at 1 each stage or phase of the selection board, concurrent with 2 the screening, rating, assessment, evaluation, discussion, 3 or other consideration by the board or member of the offi- 4 cial military personnel file of the officer, or of the officer.’’. 5 (c) EFFECTIVE DATE.—The amendments made by 6 this section shall take effect on the date of the enactment 7 of this Act, and shall apply with respect to the proceedings 8 of promotion selection boards convened under section 9 611(a) of title 10, United States Code, after that date. 10 SEC. 504. LIMITATION ON NUMBER OF OFFICERS REC- 11 OMMENDABLE FOR PROMOTION BY PRO- 12 MOTION SELECTION BOARDS. 13 (a) IN GENERAL.—Section 616 of title 10, United 14 States Code is amended— 15 (1) by redesignating subsections (d), (e), (f), 16 and (g) as subsections (e), (f), (g), and (h), respec- 17 tively; and 18 (2) by inserting after subsection (c) the fol- 19 lowing new subsection (d): 20 ‘‘(d) The number of officers recommended for pro- 21 motion by a selection board convened under section 611(a) 22 of this title may not exceed the number equal to 95 per- 23 cent of the number of officers included in the promotion 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 162 •S 1790 RS zone established under section 623 of this title for consid- 1 eration by the board.’’. 2 (b) EFFECTIVE DATE.—The amendments made by 3 this section shall take effect on the date of the enactment 4 of this Act, and shall apply with respect to consideration 5 by promotion selection boards convened under section 6 611(a) of title 10, United States Code, of promotion zones 7 that are established under section 623 of that title on or 8 after that date. 9 SEC. 505. EXPANSION OF AUTHORITY FOR CONTINUATION 10 ON ACTIVE DUTY OF OFFICERS IN CERTAIN 11 MILITARY SPECIALTIES AND CAREER 12 TRACKS. 13 Section 637a(a) of title 10, United States Code, is 14 amended by inserting ‘‘separation or’’ after ‘‘provided for 15 the’’. 16 SEC. 506. HIGHER GRADE IN RETIREMENT FOR OFFICERS 17 FOLLOWING REOPENING OF DETERMINA- 18 TION OR CERTIFICATION OF RETIRED 19 GRADE. 20 (a) ADVICE AND CONSENT OF SENATE REQUIRED 21 FOR HIGHER GRADE.—Section 1370(f) of title 10, United 22 States Code, is amended— 23 (1) by redesignating paragraph (5) as para- 24 graph (6); and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 163 •S 1790 RS (2) by inserting after paragraph (4) the fol- 1 lowing new paragraph (5): 2 ‘‘(5) If the retired grade of an officer is proposed to 3 be increased through the reopening of the determination 4 or certification of officer’s retired grade, the increase in 5 the retired grade shall be made by the Secretary of De- 6 fense, by and with the advice and consent of the Senate.’’. 7 (b) RECALCULATION OF RETIRED PAY.—Paragraph 8 (6) of such section, as redesignated by subsection (a)(1), 9 is amended— 10 (1) by inserting ‘‘or increased’’ after ‘‘reduced’’; 11 (2) by inserting ‘‘as a result of the reduction or 12 increase’’ after ‘‘any modification of the retired pay 13 of the officer’’; 14 (3) by inserting ‘‘or increase’’ after ‘‘the reduc- 15 tion’’; and 16 (4) by adding at the end the following new sen- 17 tence: ‘‘An officer whose retired grade is increased 18 as described in the preceding sentence shall not be 19 entitled to an increase in retired pay for any period 20 before the effective date of the increase.’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall take effect on the date of the enactment 23 of this Act, and shall apply to an increase in the retired 24 grade of an officer that occurs through a reopening of the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 164 •S 1790 RS determination or certification of the officer’s retired grade 1 of officer on or after that date, regardless of when the 2 officer retired. 3 SEC. 507. AVAILABILITY ON THE INTERNET OF CERTAIN IN- 4 FORMATION ABOUT OFFICERS SERVING IN 5 GENERAL OR FLAG OFFICER GRADES. 6 (a) AVAILABILITY REQUIRED.— 7 (1) IN GENERAL.—The Secretary of each mili- 8 tary department shall make available on an Internet 9 website of such department available to the public 10 information specified in paragraph (2) on each offi- 11 cer in a general or flag officer grade under the juris- 12 diction of such Secretary, including any such officer 13 on the reserve active-status list. 14 (2) INFORMATION.—The information on an of- 15 ficer specified by this paragraph to be made avail- 16 able pursuant to paragraph (1) is the information as 17 follows: 18 (A) The officer’s name. 19 (B) The officer’s current grade, duty posi- 20 tion, command or organization, and location of 21 assignment. 22 (C) A summary list of the officer’s past 23 duty assignments while serving in a general or 24 flag officer grade. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 165 •S 1790 RS (b) ADDITIONAL PUBLIC NOTICE ON CERTAIN OFFI- 1 CERS.—Whenever an officer in a grade of O–7 or above 2 is assigned to a new billet or reassigned from a current 3 billet, the Secretary of the military department having ju- 4 risdiction of such officer shall make available on an Inter- 5 net website of such department available to the public a 6 notice of such assignment or reassignment. 7 (c) LIMITATION ON WITHHOLDING OF CERTAIN IN- 8 FORMATION OR NOTICE.— 9 (1) LIMITATION.—The Secretary of a military 10 department may not withhold the information or no- 11 tice specified in subsections (a) and (b) from public 12 availability pursuant to subsection (a), unless and 13 until the Secretary notifies the Committees on 14 Armed Services of the Senate and the House of Rep- 15 resentatives in writing of the information or notice 16 that will be so withheld, together with justification 17 for withholding the information or notice from public 18 availability. 19 (2) LIMITED DURATION OF WITHHOLDING.— 20 The Secretary concerned may withhold from the 21 public under paragraph (1) information or notice on 22 an officer only on the bases of individual risk to the 23 officer or in the interest of national security, and 24 may continue to withhold such information or notice 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 166 •S 1790 RS only for so long as the basis for withholding remains 1 in force. 2 Subtitle B—Reserve Component 3 Management 4 SEC. 511. REPEAL OF REQUIREMENT FOR REVIEW OF CER- 5 TAIN ARMY RESERVE OFFICER UNIT VA- 6 CANCY PROMOTIONS BY COMMANDERS OF 7 ASSOCIATED ACTIVE DUTY UNITS. 8 Section 1113 of the Army National Guard Combat 9 Readiness Reform Act of 1992 (10 U.S.C. 10105 note) 10 is repealed. 11 Subtitle C—General Service 12 Authorities 13 SEC. 515. MODIFICATION OF AUTHORITIES ON MANAGE- 14 MENT OF DEPLOYMENTS OF MEMBERS OF 15 THE ARMED FORCES AND RELATED UNIT OP- 16 ERATING AND PERSONNEL TEMPO MATTERS. 17 (a) LIMITATION ON SCOPE OF DELEGATIONS OF AP- 18 PROVAL OF EXCEPTIONS TO DEPLOYMENT THRESH- 19 OLDS.—Paragraph (3) of subsection (a) of section 991 of 20 title 10, United States Code, is amended by striking ‘‘be 21 delegated to—’’ and all that follows and inserting ‘‘be del- 22 egated to a civilian officer of the Department of Defense 23 appointed by the President, by and with the advice and 24 consent of the Senate.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 167 •S 1790 RS (b) SEPARATE POLICIES ON DWELL TIME FOR REG- 1 ULAR AND RESERVE MEMBERS.—Paragraph (4) of such 2 subsection is amended— 3 (1) by striking ‘‘addresses the amount’’ and in- 4 serting ‘‘addresses each of the following: 5 ‘‘(1) The amount’’; 6 (2) in paragraph (1), as designated by para- 7 graph (1) of this subsection, by inserting ‘‘regular’’ 8 before ‘‘member’’; and 9 (3) by adding at the end the following new 10 paragraph: 11 ‘‘(2) The amount of dwell time a reserve mem- 12 ber of the armed forces remains at the member’s 13 permanent duty station after completing a deploy- 14 ment of 30 days or more in length.’’. 15 (c) REPEAL OF AUTHORITY TO PRESCRIBE ALTER- 16 NATIVE DEFINITION OF ‘‘DEPLOYMENT’’.—Subsection (b) 17 of such section is amended by striking paragraph (4). 18 SEC. 516. REPEAL OF REQUIREMENT THAT PARENTAL 19 LEAVE BE TAKEN IN ONE INCREMENT. 20 (a) IN GENERAL.—Subsection (i) of section 701 of 21 title 10, United States Code, is amended— 22 (1) by striking paragraph (5); and 23 (2) by redesignating paragraphs (6) through 24 (10) as paragraphs (5) through (9), respectively. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 168 •S 1790 RS (b) CONFORMING AMENDMENTS.—Subsection (j)(4) 1 of such section is amended— 2 (1) by striking ‘‘paragraphs (6) through (10)’’ 3 and inserting ‘‘paragraphs (5) through (9)’’; and 4 (2) by striking ‘‘paragraph (9)(B)’’ and insert- 5 ing ‘‘paragraph (8)(B)’’. 6 SEC. 517. DIGITAL ENGINEERING AS A CORE COMPETENCY 7 OF THE ARMED FORCES. 8 (a) POLICY.— 9 (1) IN GENERAL.—It shall be a policy of the 10 Department of Defense to promote and maintain 11 digital engineering as a core competency of the civil- 12 ian and military workforces of the Department, 13 which policy shall be achieved by— 14 (A) the recruitment, development, and re- 15 tention of civilian employees and members of 16 the Armed Forces with aptitude, experience, 17 proficient expertise, or a combination thereof in 18 digital engineering in and to the Department; 19 (B) at the discretion of the Secretaries of 20 the military departments, the development and 21 maintenance of civilian and military career 22 tracks on digital engineering, and related digital 23 competencies (including data science, machine 24 learning, software engineering, software product 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 169 •S 1790 RS management, and artificial intelligence product 1 management) for civilian employees of the De- 2 partment and members of the Armed Forces, 3 including the development and maintenance of 4 training, education, talent management, incen- 5 tives, and promotion policies in support of 6 members at all levels of such career tracks; and 7 (C) the development and application of ap- 8 propriate readiness standards and metrics to 9 measure and report on the overall capability, 10 capacity, use, and readiness of digital engineer- 11 ing civilian and military workforces to develop 12 and deliver operational capabilities, leverage 13 modern digital engineering technologies, develop 14 advanced capabilities to support military mis- 15 sions, and employ modern business practices. 16 (2) DIGITAL ENGINEERING.—For purposes of 17 this section, digital engineering is the discipline and 18 set of skills involved in the creation, processing, 19 transmission, integration, and storage of digital 20 data. 21 (b) RESPONSIBILITY.—Not later than 180 days after 22 the date of the enactment of this Act, the Secretary of 23 Defense shall appoint a civilian official of the Department 24 of Defense, at a level no lower than Assistant Secretary 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 170 •S 1790 RS of Defense, for the development and discharge of the pol- 1 icy set forth in subsection (a). The official so designated 2 shall be known as the ‘‘Chief Digital Engineering Recruit- 3 ment and Management Officer of the Department of De- 4 fense’’ (in this section referred to as the ‘‘Officer’’). 5 (c) DUTIES.—In developing and providing for the dis- 6 charge of the policy set forth in subsection (a), the Officer 7 shall, in consultation with the Secretaries of the miliary 8 departments, do the following: 9 (1) Develop recruitment programs with various 10 core initiatives, programs, activities, and mecha- 11 nisms to identify and recruit civilians employees of 12 the Department of Defense and members of the 13 Armed Forces with demonstrated aptitude, interest, 14 proficient expertise, or a combination thereof, in dig- 15 ital engineering particularly, and in science, tech- 16 nology, engineering, and mathematics (STEM) gen- 17 erally, including initiatives, programs, activities, and 18 mechanisms to target populations of individuals not 19 typically aware of opportunities in the Armed Forces 20 for a digital engineering career. 21 (2) Develop and maintain education, training, 22 doctrine, and professional development activities to 23 support digital engineering skills of civilian employ- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 171 •S 1790 RS ees of the Department and members of the Armed 1 Forces. 2 (3) Coordinate and synchronize digital force 3 management activities throughout the Department, 4 advise the Secretary of Defense on all matters per- 5 taining to the health and readiness of digital forces, 6 convene a Department-wide executive steering group, 7 and submit to Congress an annual report on the 8 readiness of digital forces and progress toward 9 achieving the policy. 10 (4) Create a Department-wide mechanism to 11 track digital expertise in the workforce, develop and 12 maintain organizational policies, strategies, and 13 plans sufficient to build, maintain, and refresh inter- 14 nal capacity at scale, and report to the Secretary 15 quarterly on the health and readiness of digital 16 forces. 17 (5) Assist the military departments in design- 18 ing, developing, and executing programs and incen- 19 tives to retain, track, and oversee digital expertise 20 among civilian employees of the Department and 21 members of the Armed Forces on active duty. 22 (6) At the request of the Chief of Staff of an 23 Armed Force, or the head of another component or 24 element of the Department, undertake an executive 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 172 •S 1790 RS search for key leadership positions in digital engi- 1 neering in such Armed Force, component, or ele- 2 ment, and develop and deploy agile hiring and com- 3 petitive compensation processes to fill such positions. 4 (7) Identify necessary changes in authorities, 5 policies, resources, or a combination thereof to fur- 6 ther the policy. 7 (8) Develop a definition for digital engineering 8 consistent with and aligned to Department needs 9 and processes. 10 (d) PLAN.—Not later than June 1, 2020, the Sec- 11 retary of Defense shall submit to the Committees on 12 Armed Services of the Senate and the House of Represent- 13 atives a plan to meet the requirements of this section. The 14 plan shall set forth the following: 15 (1) An identification of the Officer. 16 (2) A timeline for full implementation of the re- 17 quirements of this section. 18 (3) A description of the career tracks author- 19 ized by this section for both the civilian and military 20 workforces of the Department of Defense. 21 (4) Recommendations for such legislative or ad- 22 ministrative action as the Secretary considers appro- 23 priate in connection with implementation of such re- 24 quirements. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 173 •S 1790 RS SEC. 518. MODIFICATION OF NOTIFICATION ON MANNING 1 OF AFLOAT NAVAL FORCES. 2 (a) TIMING OF NOTIFICATION.—Subsection (a) of 3 section 525 of the John S. McCain National Defense Au- 4 thorization Act for Fiscal Year 2019 (Public Law 115– 5 232) is amended— 6 (1) in the matter preceding paragraph (1), by 7 striking ‘‘not later than 15 days after any of the fol- 8 lowing conditions are met:’’ and inserting ‘‘not later 9 than 30 days after the end of each fiscal year quar- 10 ter, of each covered ship (if any) that, as of the last 11 day of such fiscal year quarter, met either condition 12 as follows:’’; and 13 (2) in paragraphs (1) and (2), by striking ‘‘is 14 less’’ and inserting ‘‘was less’’. 15 (b) DEFINITIONS OF MANNING FIT AND MANNING 16 FILL.—Subsection (d) of such section is amended in para- 17 graphs (1) and (2) by striking ‘‘the billets authorized’’ and 18 inserting ‘‘the ship manpower document requirement.’’. 19 SEC. 519. REPORT ON EXPANSION OF THE CLOSE AIRMAN 20 SUPPORT TEAM APPROACH OF THE AIR 21 FORCE TO THE OTHER ARMED FORCES. 22 (a) REPORT REQUIRED.—Not later than 180 days 23 after the date of the enactment of this Act, the Secretaries 24 of the military departments shall jointly submit to the 25 Committees on Armed Services of the Senate and the 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 174 •S 1790 RS House of Representatives a report setting forth an assess- 1 ment of the Secretaries of the feasibility and advisability 2 of expanding the Close Airman Support (CAS) team ap- 3 proach of the Air Force to the other Armed Forces under 4 the jurisdiction of such Secretaries. 5 (b) CLOSE AIRMAN SUPPORT TEAM APPROACH.— 6 The Close Airman Support team approach of the Air 7 Force referred to in subsection (a) is an approach by 8 which personnel associated with an Air Force squadron, 9 and led by a senior enlisted member of the squadron, take 10 actions to improve relationships and communication 11 among members of the squadron in order to promote posi- 12 tive social behaviors among such members as a squadron, 13 including an embrace of proactive pursuit of needed assist- 14 ance. 15 (c) SCOPE OF REPORT.—If the Secretaries determine 16 that expansion of the Close Airman Support team ap- 17 proach to the other Armed Forces is feasible and advis- 18 able, the report under subsection (a) shall include a de- 19 scription of the manner in which the approach will be car- 20 ried out in the other Armed Forces, including the manner, 21 if any, in which the approach will be modified in the other 22 Armed Forces to take into account the unique cir- 23 cumstances of such Armed Forces. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 175 •S 1790 RS Subtitle D—Military Justice and 1 Related Matters 2 PART I—MATTERS RELATING TO INVESTIGA- 3 TION, PROSECUTION, AND DEFENSE OF SEX- 4 UAL ASSAULT GENERALLY 5 SEC. 521. DEPARTMENT OF DEFENSE-WIDE POLICY AND 6 MILITARY DEPARTMENT-SPECIFIC PRO- 7 GRAMS ON REINVIGORATION OF THE PRE- 8 VENTION OF SEXUAL ASSAULT INVOLVING 9 MEMBERS OF THE ARMED FORCES. 10 (a) POLICY REQUIRED.—Not later than 180 days 11 after the date of the enactment of this Act, the Secretary 12 of Defense shall develop and issue a comprehensive policy 13 for the Department to reinvigorate the prevention of sex- 14 ual assault involving members of the Armed Forces. 15 (b) POLICY ELEMENTS.— 16 (1) IN GENERAL.—The policy required by sub- 17 section (a) shall include the following: 18 (A) Education and training for members of 19 the Armed Forces on the prevention of sexual 20 assault. 21 (B) Elements for programs designed to en- 22 courage and promote healthy relationships 23 among members of the Armed Forces. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 176 •S 1790 RS (C) Elements for programs designed to 1 empower and enhance the role of non-commis- 2 sioned officers in the prevention of sexual as- 3 sault. 4 (D) Elements for programs to foster social 5 courage among members of the Armed Forces 6 to encourage and promote intervention in situa- 7 tions in order to prevent sexual assault. 8 (E) Processes and mechanisms designed to 9 address behaviors among members of the 10 Armed Forces that are included in the con- 11 tinuum of harm that frequently results in sex- 12 ual assault. 13 (F) Elements for programs designed to ad- 14 dress alcohol abuse, including binge drinking, 15 among members of the Armed Forces. 16 (G) Such other elements, processes, mech- 17 anisms, and other matters as the Secretary of 18 Defense considers appropriate. 19 (2) CONTINUUM OF HARM RESULTING IN SEX- 20 UAL ASSAULT.—For purposes of paragraph (1)(E), 21 the continuum of harm that frequently results in 22 sexual assault includes hazing, sexual harassment, 23 and related behaviors (including language choices, 24 off-hand statements, jokes, and unconscious atti- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 177 •S 1790 RS tudes or biases) that create a permissive climate for 1 sexual assault. 2 (c) PROGRAMS REQUIRED.—Not later than 180 days 3 after the issuance of the policy required by subsection (a), 4 each Secretary of a military department shall develop and 5 implement for each Armed Force under the jurisdiction 6 of such Secretary a program to reinvigorate the prevention 7 of sexual assaults involving members of the Armed Forces. 8 Each program shall include the elements, processes, mech- 9 anisms, and other matters developed by the Secretary of 10 Defense pursuant to subsection (a) tailored to the require- 11 ments and circumstances of the Armed Force or Armed 12 Forces concerned. 13 SEC. 522. ENACTMENT AND EXPANSION OF POLICY ON 14 WITHHOLDING OF INITIAL DISPOSITION AU- 15 THORITY FOR CERTAIN OFFENSES UNDER 16 THE UNIFORM CODE OF MILITARY JUSTICE. 17 (a) INITIAL DISPOSITION AUTHORITY.— 18 (1) IN GENERAL.—Except as provided in para- 19 graph (2), the proper authority for a determination 20 of disposition of reported offenses with respect to 21 any offense specified in subsection (b) shall be an of- 22 ficer in a grade not below the grade of O–6 in the 23 chain of command of the subject who is authorized 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 178 •S 1790 RS by chapter 47 of such title (the Uniform Code of 1 Military Justice) to convene special courts-martial. 2 (2) AUTHORITY WHEN SUBJECT AND VICTIM 3 ARE IN DIFFERENT CHAINS OF COMMAND.—If the 4 victim of an offense specified in subsection (b) is in 5 a different chain of command than the subject, the 6 proper authority under paragraph (1), for any re- 7 ported offenses in connection with misconduct of the 8 victim arising out of the incident in which the of- 9 fense is alleged to have occurred, shall be an officer 10 described in that paragraph in the chain of com- 11 mand of the victim. 12 (3) CONSTRUCTION.—Nothing in this sub- 13 section shall be construed— 14 (A) to prohibit the preferral of charges by 15 an authorized person under section 830(a)(1) of 16 title 10, United States Code (article 30(a)(1) of 17 the Uniform code of Military Justice), with re- 18 spect to the offenses specified in subsection (b), 19 and the forwarding of such charges as so pre- 20 ferred to the proper authority under paragraph 21 (1) with a recommendation as disposition; or 22 (B) to prohibit an officer in a grade below 23 the grade of O–6 from advising an officer de- 24 scribed in paragraph (1) who is making a deter- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00178 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 179 •S 1790 RS mination described in that paragraph with re- 1 spect to the disposition of the offenses involved. 2 (b) COVERED OFFENSES.—An offense specified in 3 this subsection is any offense as follows: 4 (1) An offense under section 893 of title 10, 5 United States Code (article 93 of the Uniform Code 6 of Military Justice), relating to cruelty and maltreat- 7 ment, if the offense constitutes sexual harassment. 8 (2) An offense under section 893a of title 10, 9 United States Code (article 93a of the Uniform 10 Code of Military Justice), relating to prohibited ac- 11 tivity with a military recruit or trainee by a person 12 in a position of special trust. 13 (3) An offense under section 918 of title 10, 14 United States Code (article 118 of the Uniform 15 Code of Military Justice), relating to murder, if the 16 offense is committed in connection with family abuse 17 or other domestic violence. 18 (4) An offense under section 919 of title 10, 19 United States Code (article 119 of the Uniform 20 Code of Military Justice), relating to manslaughter, 21 if the offense is committed in connection with family 22 abuse or other domestic violence. 23 (5) An offense under section 919a of title 10, 24 United States Code (article 119a of the Uniform 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 180 •S 1790 RS Code of Military Justice), relating to death or injury 1 of an unborn child, if the offense is committed in 2 connection with family abuse or other domestic vio- 3 lence. 4 (6) An offense under section 919b of title 10, 5 United States Code (article 119b of the Uniform 6 Code of Military Justice), relating to child 7 endangerment, if the offense is committed in connec- 8 tion with family abuse or other domestic violence. 9 (7) An offense under section 920 of title 10, 10 United States Code (article 120 of the Uniform 11 Code of Military Justice), relating to rape and sex- 12 ual assault generally. 13 (8) An offense under section 920b of title 10, 14 United States Code (article 120b of the Uniform 15 Code of Military Justice), relating to rape and sex- 16 ual assault of a child. 17 (9) An offense under section 920c of title 10, 18 United States Code (article 120c of the Uniform 19 Code of Military Justice), relating to other sexual 20 misconduct. 21 (10) An offense under section 925 of title 10, 22 United States Code (article 125 of the Uniform 23 Code of Military Justice), relating to kidnapping, if 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 181 •S 1790 RS the offense is committed in connection with family 1 abuse or other domestic violence. 2 (11) An offense under section 928 of title 10, 3 United States Code (article 128 of the Uniform 4 Code of Military Justice), relating to aggravated as- 5 sault, if the offense is committed in connection with 6 family abuse or other domestic violence. 7 (12) An offense under section 928a of title 10, 8 United States Code (article 128a of the Uniform 9 Code of Military Justice), relating to maiming, if the 10 offense is committed in connection with family abuse 11 or other domestic violence. 12 (13) An offense under section 928b of title 10, 13 United States Code (article 128b of the Uniform 14 Code of Military Justice), relating to domestic vio- 15 lence. 16 (14) An offense under section 930 of title 10, 17 United States Code (article 130 of the Uniform 18 Code of Military Justice), relating to stalking, if the 19 offense is committed in connection with family abuse 20 or other domestic violence. 21 (15) An offense under section 932 of title 10, 22 United States Code (article 132 of the Uniform 23 Code of Military Justice), relating to retaliation. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 182 •S 1790 RS (16) An offense under section 934 of title 10, 1 United States Code (article 134 of the Uniform 2 Code of Military Justice), if the offense relates to 3 child pornography. 4 (17) An offense under section 934 of title 10, 5 United States Code (article 134 of the Uniform 6 Code of Military Justice), if the offense— 7 (A) relates to animal abuse; and 8 (B) is committed in connection with family 9 abuse or other domestic violence, 10 (18) An offense under section 934 of title 10, 11 United States Code (article 134 of the Uniform 12 Code of Military Justice), if the offense— 13 (A) relates to negligent homicide; and 14 (B) is committed in connection with family 15 abuse or other domestic violence. 16 (19) An attempt to commit an offense specified 17 in a paragraph (1) through (18) as punishable under 18 section 880 of title 10, United States Code (article 19 80 of the Uniform Code of Military Justice). 20 (c) SCOPE OF DISPOSITION AUTHORITY WITH RE- 21 SPECT TO PARTICULAR OFFENSES.—The authority in 22 subsection (a) of an officer to make a disposition deter- 23 mination described in that subsection with respect to any 24 offense specified in subsection (b) extends to a determina- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00182 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 183 •S 1790 RS tion of disposition with respect to any other offenses 1 against the subject arising out of the incident in which 2 the offense is alleged to have occurred. 3 (d) SCOPE OF DISPOSITION DETERMINATIONS.—Ex- 4 cept for an offense specified in section 818(c) of title 10, 5 United States Code (article 18(c) of the Uniform Code of 6 Military Justice), of which only general courts-martial 7 have jurisdiction, the disposition determinations permis- 8 sible in the exercise of the authority under this section 9 with respect to charges and specifications are as follows: 10 (1) No action. 11 (2) Administrative action. 12 (3) Imposition of non-judicial punishment. 13 (4) Preferral of charges. 14 (5) If such charges and specifications were pre- 15 ferred from a subordinate, dismissal of charges or 16 referral to court-martial for trial. 17 (6) Forwarding to a superior or subordinate au- 18 thority for further disposition. 19 (e) REVIEW OF CERTAIN DISPOSITION DETERMINA- 20 TIONS.— 21 (1) INITIAL REVIEW AND RECOMMENDATION.— 22 If a disposition determination under this section 23 with respect to an offense is for a disposition speci- 24 fied in paragraph (1), (2), or (3) of subsection (d) 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 184 •S 1790 RS and the legal advisor to the officer making the dis- 1 position determination has recommended a disposi- 2 tion specified in paragraph (4), (5), or (6) of that 3 subsection, a Special Victim Prosecutor (SVP), Sen- 4 ior Trial Counsel (STC), or Regional Trial Counsel 5 (RTC) not in the chain of command of the officer 6 making the disposition determination shall— 7 (A) review the disposition determination; 8 and 9 (B) recommend to the staff judge advocate 10 in the chain of command whether to endorse or 11 supersede the disposition determination. 12 (2) SJA REVIEW AND ADVICE.—Upon comple- 13 tion of a review of a recommendation under para- 14 graph (1)(B), the staff judge advocate concerned 15 shall advise the next superior commander in the 16 chain of command of the officer making the original 17 disposition determination whether such disposition 18 determination should be endorsed or superseded. 19 (3) FINAL DISPOSITION DETERMINATION.— 20 After considering advice under paragraph (2) with 21 respect to an original disposition determination, the 22 superior commander concerned shall— 23 (A) make a new disposition determination 24 with respect to the offenses concerned; or 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00184 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 185 •S 1790 RS (B) endorse the original disposition deter- 1 mination for appropriate further action. 2 (f) TRAINING.— 3 (1) IN GENERAL.—The training provided to 4 commissioned officers of the Armed Forces in grades 5 O–6 and above on the exercise of authority pursuant 6 to this section for determinations of the disposition 7 of an offense specified in subsection (b) shall include 8 specific training on such matters in connection with 9 sexual harassment, sexual assault, and family abuse 10 and domestic violence as the Secretary of Defense 11 considers appropriate to make informed disposition 12 determinations under such authority. 13 (2) CONSTRUCTION.—Nothing in this sub- 14 section shall be construed to deprive a court-martial 15 of jurisdiction based on the level or amount of train- 16 ing received by the disposition authority pursuant to 17 this section. 18 (g) MANUAL FOR COURTS-MARTIAL.—The President 19 shall implement the requirement of this section into the 20 Manual for Courts-Martial in accordance with section 836 21 of title 10, United States Code (article 36 of the Uniform 22 Code of Military Justice). 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 186 •S 1790 RS SEC. 523. TRAINING FOR SEXUAL ASSAULT INITIAL DIS- 1 POSITION AUTHORITIES ON EXERCISE OF 2 DISPOSITION AUTHORITY FOR SEXUAL AS- 3 SAULT AND COLLATERAL OFFENSES. 4 (a) IN GENERAL.—The training for Sexual Assault 5 Initial Disposition Authorities (SAIDAs) on the exercise 6 of disposition authority under chapter 47, United States 7 Code (the Uniform Code of Military Justice), with respect 8 to cases for which disposition authority is withheld to such 9 Authorities by the April 20, 2012, memorandum of the 10 Secretary of Defense, or any successor memorandum, shall 11 include comprehensive training on the exercise by such 12 Authorities of such authority with respect to such cases 13 in order to enhance the capabilities of such Authorities 14 in the exercise of such authority and thereby promote con- 15 fidence and trust in the military justice process with re- 16 spect to such cases. 17 (b) MEMORANDUM OF SECRETARY OF DEFENSE.— 18 The April 20, 2012, memorandum of the Secretary of De- 19 fense referred to in subsection (a) is the memorandum of 20 the Secretary of Defense entitled ‘‘Withholding Initial Dis- 21 position Authority Under the Uniform Code of Military 22 Justice in Certain Sexual Assault Cases’’ and dated April 23 20, 2012. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 187 •S 1790 RS SEC. 524. EXPANSION OF RESPONSIBILITIES OF COM- 1 MANDERS FOR VICTIMS OF SEXUAL ASSAULT 2 COMMITTED BY ANOTHER MEMBER OF THE 3 ARMED FORCES. 4 (a) NOTIFICATION OF VICTIMS OF EVENTS IN MILI- 5 TARY JUSTICE PROCESS.— 6 (1) NOTIFICATION REQUIRED.—Except as pro- 7 vided in paragraph (2), the commander of a member 8 of the Armed Forces who is the victim of an alleged 9 sexual assault committed by another member of the 10 Armed Forces (whether or not such other member is 11 in the command of such commander) shall provide 12 notification to such victim of every key or other sig- 13 nificant event in the military justice process in con- 14 nection with the investigation, prosecution, and con- 15 finement of such other member for alleged sexual as- 16 sault. 17 (2) ELECTION OF VICTIM NOT TO RECEIVE.— 18 A commander is not required by paragraph (1) to 19 provide notifications to a victim as described in that 20 paragraph if the victim elects not to be provided 21 such notifications. 22 (3) DOCUMENTATION.—Each commander de- 23 scribed in paragraph (1) shall create and maintain 24 appropriate documentation on the following: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 188 •S 1790 RS (A) Any notification provided as described 1 in paragraph (1). 2 (B) Any election made pursuant to para- 3 graph (2). 4 (b) DOCUMENTATION OF VICTIM’S PREFERENCE ON 5 JURISDICTION IN PROSECUTION.—In the case of a mem- 6 ber of the Armed Forces who is the victim of an alleged 7 sexual assault committed by another member of the 8 Armed Forces who is subject to prosecution for such al- 9 leged offense both by court-martial under chapter 47 of 10 title 10, United States Code (the Uniform Code of Military 11 Justice), and by a civilian court under Federal or State 12 law, the commander of such victim shall create and main- 13 tain appropriate documentation of the expressed pref- 14 erence, if any, of such victim for prosecution of such al- 15 leged offense by court-martial or by a civilian court as pro- 16 vided for by Rule 306(e) of the Rules for Court-Martial. 17 (c) REGULATIONS.—The Secretary of Defense shall 18 prescribe in regulations the requirements applicable to 19 each of the following: 20 (1) Notifications under subsection (a)(1). 21 (2) Elections under subsection (a)(2). 22 (3) Documentation under subsection (a)(3). 23 (4) Documentation under subsection (b). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00188 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 189 •S 1790 RS SEC. 525. TRAINING FOR COMMANDERS IN THE ARMED 1 FORCES ON THEIR ROLE IN ALL STAGES OF 2 MILITARY JUSTICE IN CONNECTION WITH 3 SEXUAL ASSAULT. 4 (a) IN GENERAL.—The training provided com- 5 manders in the Armed Forces shall include comprehensive 6 training on the role of commanders in all stages of mili- 7 tary justice in connection with sexual assaults by members 8 of the Armed Forces. 9 (b) ELEMENTS TO BE COVERED.—The training pro- 10 vided pursuant to subsection (a) shall include training on 11 the following: 12 (1) The role of commanders in each stage of 13 the military justice process in connection with sexual 14 assault committed by a member of the Armed 15 Forces, including investigation and prosecution. 16 (2) The role of commanders in assuring that 17 victims in sexual assault described in paragraph (1) 18 are informed of, and have the opportunity to obtain, 19 assistance available for victims of sexual assault by 20 law. 21 (3) The role of commanders in assuring that 22 victims in sexual assault described in paragraph (1) 23 are afforded the due process rights and protections 24 available to victims by law. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 190 •S 1790 RS (4) The role of commanders in preventing retal- 1 iation against victims, their family members, wit- 2 nesses, first responders, and bystanders for their 3 their complaints, statements, testimony, and status 4 in connection with sexual assault described in para- 5 graph (1), including the role of commanders in en- 6 suring that subordinates in the command are aware 7 of their responsibilities in preventing such retalia- 8 tion. 9 (5) The role of commanders in establishing and 10 maintaining a healthy command climate in connec- 11 tion with reporting on sexual assault described in 12 paragraph (1) and in the response of the com- 13 mander, subordinates in the command, and other 14 personnel in the command to such sexual assault, 15 such reporting, and the military justice process in 16 connection with such sexual assault. 17 (6) Any other matters on the role of com- 18 manders in connection with sexual assault described 19 in paragraph (1) that the Secretary of Defense con- 20 siders appropriate for purposes of this section. 21 (c) INCORPORATION OF BEST PRACTICES.— 22 (1) IN GENERAL.—The training provided pur- 23 suant to subsection (a) shall incorporate best prac- 24 tices on all matters covered by the training. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00190 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 191 •S 1790 RS (2) IDENTIFICATION OF BEST PRACTICES.—The 1 Secretaries of the military departments shall, acting 2 through the training and doctrine commands of the 3 Armed Forces, undertake from time to time surveys 4 and other reviews of the matters covered by the 5 training provided pursuant to subsection (a) in order 6 to identify and incorporate into such training the 7 most current practicable best practices on such mat- 8 ters. 9 (d) UNIFORMITY.—The Secretary of Defense shall 10 ensure that the training provided pursuant to subsection 11 (a) is, to the extent practicable, uniform across the Armed 12 Forces. 13 SEC. 526. NOTICE TO VICTIMS OF ALLEGED SEXUAL AS- 14 SAULT OF PENDENCY OF FURTHER ADMINIS- 15 TRATIVE ACTION FOLLOWING A DETERMINA- 16 TION NOT TO REFER TO TRIAL BY COURT- 17 MARTIAL. 18 Under regulations prescribed by the Secretary of De- 19 fense, upon a determination not to refer a case of alleged 20 sexual assault for trial by court-martial under chapter 47 21 of title 10, United States Code (the Uniform Code of Mili- 22 tary Justice), the commander making such determination 23 shall periodically notify the victim of the status of a final 24 determination on further action on such case, whether 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00191 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 192 •S 1790 RS non-judicial punishment under section 815 of such title 1 (article 15 of the Uniform Code of Military Justice), other 2 administrative action, or no further action. Such notifica- 3 tions shall continue not less frequently than monthly until 4 such final determination. 5 SEC. 527. SAFE TO REPORT POLICY APPLICABLE ACROSS 6 THE ARMED FORCES. 7 (a) IN GENERAL.—The Secretary of Defense shall, 8 in consultation with the Secretaries of the military depart- 9 ments and the Secretary of Homeland Security, prescribe 10 in regulations a safe to report policy described in sub- 11 section (b) that applies with respect to all members of the 12 Armed Forces (including members of the reserve compo- 13 nents of the Armed Forces) and cadets and midshipmen 14 at the military service academies. 15 (b) SAFE TO REPORT POLICY.—The safe to report 16 policy described in this subsection is a policy under which 17 a member of the Armed Forces who is the victim of an 18 alleged sexual assault, but who may have committed minor 19 collateral misconduct at or about the time of such alleged 20 sexual assault, or whose minor collateral misconduct is 21 discovered only as a result of the investigation into such 22 alleged sexual assault, may report such alleged sexual as- 23 sault to proper authorities without fear or receipt of dis- 24 cipline in connection with such minor collateral mis- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00192 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 193 •S 1790 RS conduct absent aggravating circumstances that increase 1 the gravity of the minor collateral misconduct or its im- 2 pact on good order and discipline. 3 (c) MINOR COLLATERAL MISCONDUCT.—For pur- 4 poses of the safe to report policy, minor collateral mis- 5 conduct shall include any of the following: 6 (1) Improper use or possession of alcohol. 7 (2) Consensual intimate behavior (including 8 adultery) or fraternization. 9 (3) Presence in an off-limits area. 10 (4) Such other misconduct as the Secretary of 11 Defense shall specify in the regulations under sub- 12 section (a). 13 (d) AGGRAVATING CIRCUMSTANCES.—The regula- 14 tions under subsection (a) shall specify aggravating cir- 15 cumstances that increase the gravity of minor collateral 16 misconduct or its impact on good order and discipline for 17 purposes of the safe to report policy. 18 SEC. 528. REPORT ON EXPANSION OF AIR FORCE SAFE TO 19 REPORT POLICY ACROSS THE ARMED 20 FORCES. 21 (a) REPORT.—Not late than 180 days after the date 22 of the enactment of this Act, the Secretary of Defense 23 shall, in consultation with the Secretaries of the military 24 departments and the Secretary of Homeland Security, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 194 •S 1790 RS submit to the Committees on Armed Services of the Sen- 1 ate and the House of Representatives a report setting 2 forth an assessment of the feasibility and advisability of 3 expanding the applicability of the safe to report policy de- 4 scribed in subsection (b) so that the policy applies across 5 the Armed Forces. 6 (b) SAFE TO REPORT POLICY.—The safe to report 7 policy described in this subsection is the policy, currently 8 applicable in the Air Force alone, under which a member 9 of the Armed Forces who is the victim of an alleged sexual 10 assault committed by another member of the Armed 11 Forces, but who may have committed minor collateral mis- 12 conduct at or about the time of such alleged sexual as- 13 sault, or whose minor collateral misconduct at or about 14 such time is discovered only as a result of the investigation 15 into such alleged sexual assault, may report such alleged 16 sexual assault to proper authorities without fear or receipt 17 of discipline in connection with such minor collateral mis- 18 conduct. 19 SEC. 529. PROPOSAL FOR SEPARATE PUNITIVE ARTICLE IN 20 THE UNIFORM CODE OF MILITARY JUSTICE 21 ON SEXUAL HARASSMENT. 22 Not later than 180 days after the date of the enact- 23 ment of this Act, the Joint Service Committee on Military 24 Justice shall submit to the Committees on Armed Services 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00194 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 195 •S 1790 RS of the Senate and the House of Representatives a report 1 setting forth recommendations for legislative and adminis- 2 trative action required to establish a separate punitive ar- 3 ticle in chapter 47 of title 10, United States Code (the 4 Uniform Code of Military Justice), on sexual harassment. 5 SEC. 530. TREATMENT OF INFORMATION IN CATCH A SE- 6 RIAL OFFENDER PROGRAM FOR CERTAIN 7 PURPOSES. 8 (a) EXCLUSION FROM FOIA.—Section 552 of title 9 5, United States Code (commonly referred to as the 10 ‘‘Freedom of Information Act’’), shall not apply to any 11 report for purposes of the Catch a Serial Offender 12 (CATCH) Program. 13 (b) PRESERVATION OF RESTRICTED REPORT.—The 14 transmittal or receipt in connection with the Catch a Se- 15 rial Offender Program of a report on a sexual assault that 16 is treated as a restricted report shall not operate to termi- 17 nate its treatment or status as a restricted report. 18 SEC. 531. REPORT ON PRESERVATION OF RECOURSE TO 19 RESTRICTED REPORT ON SEXUAL ASSAULT 20 FOR VICTIMS OF SEXUAL ASSAULT FOL- 21 LOWING CERTAIN VICTIM OR THIRD-PARTY 22 COMMUNICATIONS. 23 (a) REPORT REQUIRED.—Not later than 180 days 24 after the date of the enactment of this Act, the Secretary 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00195 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 196 •S 1790 RS of Defense shall submit to the Committees on Armed Serv- 1 ices of the Senate and the House of Representatives a re- 2 port making findings and recommendations on the feasi- 3 bility and advisability of a policy for the Department of 4 Defense that would permit a victim of a sexual assault, 5 that is or may be investigated as a result of a communica- 6 tion described in subsection (b), which victim is a member 7 of the Armed Forces or an adult dependent of a member 8 of the Armed Forces, to have the reporting on the sexual 9 assault be treated as a restricted report without regard 10 to the party initiating or receiving such communication. 11 (b) COMMUNICATIONS.—A communication described 12 in this subsection is a communication reporting a sexual 13 assault as follows: 14 (1) By the victim to a member of the Armed 15 Forces, whether a commissioned officer or a non- 16 commissioned officer, in the chain of command of 17 the victim or the victim’s military sponsor. 18 (2) By the victim to military law enforcement 19 personnel or personnel of a military criminal inves- 20 tigative organization (MCIO). 21 (3) By any individual other than victim. 22 (c) SCOPE OF FINDINGS AND RECOMMENDATIONS.— 23 The report required by subsection (a) may include rec- 24 ommendations for new provisions of statute or regulations, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00196 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 197 •S 1790 RS or modification of current statute or regulations, that may 1 be required to put into effect the findings and rec- 2 ommendations described in subsection (a). 3 (d) CONSULTATION.—In preparing the report re- 4 quired by subsection (a), the Secretary shall consult with 5 the Defense Advisory Committee on Investigation, Pros- 6 ecution, and Defense of Sexual Assault in the Armed 7 Forces (DAC–IPAD) under section 546 of the Carl Levin 8 and Howard P. ‘‘Buck’’ McKeon National Defense Au- 9 thorization Act for Fiscal Year 2015 (10 U.S.C. 1561 10 note). 11 SEC. 532. AUTHORITY FOR RETURN OF PERSONAL PROP- 12 ERTY TO VICTIMS OF SEXUAL ASSAULT WHO 13 FILE A RESTRICTED REPORT BEFORE CON- 14 CLUSION OF RELATED PROCEEDINGS. 15 Section 586 of the National Defense Authorization 16 Act for Fiscal Year 2012 (10 U.S.C. 1561 note) is amend- 17 ed— 18 (1) by redesignating subsection (f) as sub- 19 section (e); 20 (2) in subsection (e), as so redesignated, in the 21 subsection heading, by inserting ‘‘IN UNRESTRICTED 22 REPORTING CASES’’ after ‘‘PROCEEDINGS’’; and 23 (3) by adding at the end the following new sub- 24 section: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 198 •S 1790 RS ‘‘(f) RETURN OF PERSONAL PROPERTY IN RE- 1 STRICTED REPORTING CASES.—(1) The Secretary of De- 2 fense shall prescribe procedures under which a victim who 3 files a restricted report on an incident of sexual assault 4 may request, at any time, the return of any personal prop- 5 erty of the victim obtained as part of the sexual assault 6 forensic examination. 7 ‘‘(2) The procedures shall ensure that— 8 ‘‘(A) a request of a victim under paragraph (1) 9 may be made on a confidential basis and without af- 10 fecting the restricted nature of the restricted report; 11 and 12 ‘‘(B) at the time of the filing of the restricted 13 report, a Sexual Assault Response Coordinator or 14 Sexual Assault Prevention and Response Victim Ad- 15 vocate— 16 ‘‘(i) informs the victim that the victim may 17 request the return of personal property as de- 18 scribed in paragraph (1); and 19 ‘‘(ii) advises the victim that such a request 20 for the return of personal property may nega- 21 tively impact a subsequent case adjudication, if 22 the victim later decides to convert the restricted 23 report to an unrestricted report. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 199 •S 1790 RS ‘‘(3) Except with respect to personal property re- 1 turned to a victim under this subsection, nothing in this 2 subsection shall affect the requirement to retain a sexual 3 assault forensic examination (SAFE) kit for the period 4 specified in subsection (c)(4)(A).’’. 5 SEC. 533. EXTENSION OF DEFENSE ADVISORY COMMITTEE 6 ON INVESTIGATION, PROSECUTION, AND DE- 7 FENSE OF SEXUAL ASSAULT IN THE ARMED 8 FORCES. 9 Section 546(f)(1) of the Carl Levin and Howard P. 10 ‘‘Buck’’ McKeon National Defense Authorization Act for 11 Fiscal Year 2015 (10 U.S.C. 1561 note) is amended by 12 striking ‘‘five’’ and inserting ‘‘ten’’. 13 SEC. 534. DEFENSE ADVISORY COMMITTEE FOR THE PRE- 14 VENTION OF SEXUAL MISCONDUCT. 15 (a) ESTABLISHMENT REQUIRED.— 16 (1) IN GENERAL.—The Secretary of Defense 17 shall establish and maintain within the Department 18 of Defense an advisory committee to be known as 19 the ‘‘Defense Advisory Committee for the Prevention 20 of Sexual Misconduct’’ (in this section referred to as 21 the ‘‘Advisory Committee’’). 22 (2) DEADLINE FOR ESTABLISHMENT.—The 23 Secretary shall establish the Advisory Committee not 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 200 •S 1790 RS later than 180 days after the date of the enactment 1 of this Act. 2 (b) MEMBERSHIP.— 3 (1) IN GENERAL.—The Advisory Committee 4 shall consist of not more than 20 members, ap- 5 pointed by the Secretary from among individuals 6 who have an expertise appropriate for the work of 7 the Advisory Committee, including at least one indi- 8 vidual with each expertise as follows: 9 (A) Expertise in the prevention of sexual 10 assault and behaviors on the sexual assault con- 11 tinuum of harm. 12 (B) Expertise in the prevention of suicide. 13 (C) Expertise in the change of culture of 14 large organizations. 15 (D) Expertise in implementation science. 16 (2) BACKGROUND OF INDIVIDUALS.—Individ- 17 uals appointed to the Advisory Committee may in- 18 clude individuals with expertise in sexual assault 19 prevention efforts of institutions of higher education, 20 public health officials, and such other individuals as 21 the Secretary considers appropriate. 22 (3) PROHIBITION ON MEMBERSHIP OF MEM- 23 BERS OF ARMED FORCES ON ACTIVE DUTY.—A 24 member of the Armed Forces serving on active duty 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 201 •S 1790 RS may not serve as a member of the Advisory Com- 1 mittee. 2 (c) DUTIES.— 3 (1) IN GENERAL.—The Advisory Committee 4 shall advise the Secretary on the following: 5 (A) The prevention of sexual assault (in- 6 cluding rape, forcible sodomy, other sexual as- 7 sault, and other sexual misconduct (including 8 behaviors on the sexual assault continuum of 9 harm)) involving members of the Armed Forces. 10 (B) The policies, programs, and practices 11 of each military department, each Armed Force, 12 and each military service academy for the pre- 13 vention of sexual assault as described in sub- 14 paragraph (A). 15 (2) BASIS FOR PROVISION OF ADVICE.—For 16 purposes of providing advice to the Secretary pursu- 17 ant to this subsection, the Advisory Committee shall 18 review, on an ongoing basis, the following: 19 (A) Cases involving allegations of sexual 20 assault described in paragraph (1). 21 (B) Efforts of institutions of higher edu- 22 cation to prevent sexual assault among stu- 23 dents. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 202 •S 1790 RS (C) Any other information or matters that 1 the Advisory Committee or the Secretary con- 2 siders appropriate. 3 (3) COORDINATION OF EFFORTS.—In addition 4 to the reviews required by paragraph (2), for pur- 5 poses of providing advice to the Secretary the Advi- 6 sory Committee shall also consult and coordinate 7 with the Defense Advisory Committee on Investiga- 8 tion, Prosecution, and Defense of Sexual Assault in 9 the Armed Forces (DAC-IPAD) on matters of joint 10 interest to the two Advisory Committees. 11 (d) ANNUAL REPORT.—Not later than March 30 12 each year, the Advisory Committee shall submit to the 13 Secretary and the Committees on Armed Services of the 14 Senate and the House of Representatives a report on the 15 activities of the Advisory Committee pursuant to this sec- 16 tion during the preceding year. 17 (e) SEXUAL ASSAULT CONTINUUM OF HARM.—In 18 this section, the term ‘‘sexual assault continuum of harm’’ 19 includes— 20 (1) inappropriate actions (such as sexist jokes), 21 sexual harassment, gender discrimination, hazing, 22 cyber bullying, or other behavior that contributes to 23 a culture that is tolerant of, or increases risk for, 24 sexual assault; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 203 •S 1790 RS (2) maltreatment or ostracism of a victim for a 1 report of sexual misconduct. 2 SEC. 535. INDEPENDENT REVIEWS AND ASSESSMENTS ON 3 RACE AND ETHNICITY IN THE INVESTIGA- 4 TION, PROSECUTION, AND DEFENSE OF SEX- 5 UAL ASSAULT IN THE ARMED FORCES. 6 (a) REVIEWS AND ASSESSMENTS BY DAC-IPAD.— 7 The independent committee established by the Secretary 8 of Defense under section 546 of the Carl Levin and How- 9 ard P. ‘‘Buck’’ McKeon National Defense Authorization 10 Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 11 3374), commonly known as the ‘‘DAC-IPAD’’, shall con- 12 duct each of the following: 13 (1) A review and assessment, by fiscal year, of 14 the race and ethnicity of members of the Armed 15 Forces accused of a penetrative sexual assault of- 16 fense or contact sexual assault offense in an unre- 17 stricted report made pursuant to Department of De- 18 fense Instruction 6495.02, including an unrestricted 19 report involving a spouse or intimate partner, in all 20 cases completed in each fiscal year assessed. 21 (2) A review and assessment, by fiscal year, of 22 the race and ethnicity of members of the Armed 23 Forces against whom charges were preferred pursu- 24 ant to Rule for Courts-Martial 307 for a penetrative 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 204 •S 1790 RS sexual assault offense or contact sexual assault of- 1 fense in all cases completed in each fiscal year as- 2 sessed. 3 (3) A review and assessment, by fiscal year, of 4 the race and ethnicity of members of the Armed 5 Forces who were convicted of a penetrative sexual 6 assault offense or contact sexual assault offense in 7 all cases completed in each fiscal year assessed. 8 (b) INFORMATION FROM FEDERAL AGENCIES.— 9 (1) IN GENERAL.—Upon request by the chair of 10 the committee, a department or agency of the Fed- 11 eral Government shall provide information that the 12 committees considers necessary to conduct reviews 13 and assessments required by subsection (a), includ- 14 ing military criminal investigation files, charge 15 sheets, records of trial, and personnel records. 16 (2) HANDLING, STORAGE, AND RETURN.—The 17 committee shall handle and store all records received 18 and reviewed under this section in accordance with 19 applicable privacy laws and Department of Defense 20 policy, and shall return all records so received in a 21 timely manner. 22 (c) REPORT.—Not later than one year after the date 23 of the enactment of this Act, the committee shall submit 24 to the Secretary of Defense, and to the Committees on 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 205 •S 1790 RS Armed Services of the Senate and the House of Represent- 1 atives, a report setting forth the results of the reviews and 2 assessments required by subsection (a). The report shall 3 include such recommendations for legislative or adminis- 4 trative action as the committee considers appropriate in 5 light of such results. 6 (d) DEFINITIONS.—In this section: 7 (1) The term ‘‘case’’ means an unrestricted re- 8 port of any penetrative sexual assault offense or con- 9 tact sexual assault offense made against a member 10 of the Armed Forces pursuant to Department of De- 11 fense Instruction 6495.02, including any unre- 12 stricted report involving a spouses or intimate part- 13 ner for which an investigation has been opened by 14 a criminal investigative organization. 15 (2) The term ‘‘completed’’, with respect to a 16 case, means that the case was tried to verdict, dis- 17 missed without further action, or dismissed and then 18 resolved by non-judicial or administrative pro- 19 ceedings. 20 (3) The term ‘‘contact sexual assault offense’’ 21 means aggravated sexual contact, abusive sexual 22 contact, wrongful sexual contact, and attempts to 23 commit such offenses under the Uniform Code of 24 Military Justice. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 206 •S 1790 RS (4) The term ‘‘penetrative sexual assault of- 1 fense’’ means rape, aggravated sexual assault, sexual 2 assault, forcible sodomy, and attempts to commit 3 such offenses under the Uniform Code of Military 4 Justice. 5 SEC. 536. REPORT ON MECHANISMS TO ENHANCE THE IN- 6 TEGRATION AND SYNCHRONIZATION OF AC- 7 TIVITIES OF SPECIAL VICTIM INVESTIGATION 8 AND PROSECUTION PERSONNEL WITH AC- 9 TIVITIES OF MILITARY CRIMINAL INVESTIGA- 10 TIVE ORGANIZATIONS. 11 Not later than one year after the date of the enact- 12 ment of this Act, the Secretary of Defense shall, in con- 13 sultation with the Secretaries of the military departments, 14 submit to the Committees on Armed Services of the Sen- 15 ate and the House of Representatives a report setting 16 forth proposals for various mechanisms to enhance the in- 17 tegration and synchronization of activities of Special Vic- 18 tim Investigation and Prosecution (SVIP) personnel with 19 activities of military criminal investigative organizations 20 (MCIOs) in investigations in which both such personnel 21 are or may be involved. If the proposed mechanisms re- 22 quire legislative or administration action for implementa- 23 tion, the report shall set forth such recommendations for 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 207 •S 1790 RS such action as the Secretary of Defense considers appro- 1 priate. 2 SEC. 537. COMPTROLLER GENERAL OF THE UNITED 3 STATES REPORT ON IMPLEMENTATION BY 4 THE ARMED FORCES OF RECENT STATUTORY 5 REQUIREMENTS ON SEXUAL ASSAULT PRE- 6 VENTION AND RESPONSE IN THE MILITARY. 7 (a) REPORT REQUIRED.—The Comptroller General 8 of the United States shall submit to the Committees on 9 Armed Services of the Senate and the House of Represent- 10 atives a report, in writing, on a study, conducted by the 11 Comptroller General for purposes of the report, on the im- 12 plementation by the Armed Forces of statutory require- 13 ments on sexual assault prevention and response in the 14 military in the National Defense Authorization Act for 15 Fiscal Year 2004 (Public Law 108–136) and each suc- 16 ceeding national defense authorization Act through the 17 John S. McCain National Defense Authorization Act for 18 Fiscal Year 2019 (Public Law 115–232). 19 (b) ELEMENTS.—The report required by subsection 20 (a) shall include the following: 21 (1) A list and citation of each statutory require- 22 ment (whether codified or uncodified) on sexual as- 23 sault prevention and response in the military in each 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 208 •S 1790 RS national defense authorization Act specified in para- 1 graph (1), including— 2 (A) whether such statutory requirement is 3 still in force; and 4 (B) if such statutory requirement is no 5 longer in force, the date of the repeal or expira- 6 tion of such requirement. 7 (2) For each statutory requirement listed pur- 8 suant to paragraph (1), the following: 9 (A) An assessment of the extent to which 10 such requirement was implemented, or is cur- 11 rently being implemented, as applicable, by each 12 Armed Force to which such requirement applied 13 or applies. 14 (B) A description and assessment of the 15 actions taken by each of the Department of De- 16 fense, the military department concerned, and 17 the Armed Force concerned to assess and deter- 18 mine the effectiveness of actions taken pursuant 19 to such requirement in meeting its intended ob- 20 jective. 21 (3) Any other matters in connection with the 22 statutory requirements specified in subsection (a), 23 and the implementation of such requirements by the 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00208 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 209 •S 1790 RS Armed Forces, that the Comptroller General con- 1 siders appropriate. 2 (c) BRIEFINGS.—Not later than May 1, 2020, the 3 Comptroller General shall provide to the committees re- 4 ferred to in subsection (a) one or more briefings on the 5 status of the study required by subsection (a), including 6 any preliminary findings and recommendations of the 7 Comptroller General as a result of the study as of the date 8 of such briefing. 9 PART II—SPECIAL VICTIMS’ COUNSEL MATTERS 10 SEC. 541. LEGAL ASSISTANCE BY SPECIAL VICTIMS’ COUN- 11 SEL FOR VICTIMS OF ALLEGED DOMESTIC VI- 12 OLENCE OFFENSES. 13 (a) CONDITIONAL EXPANSION OF ELIGIBILITY TO 14 VICTIMS OF ALLEGED DOMESTIC VIOLENCE OF- 15 FENSES.—Subsection (a) of section 1044e of title 10, 16 United States Code, is amended by adding at the end the 17 following new paragraph: 18 ‘‘(3) Legal counsel designated as described in para- 19 graph (1) may also provide legal assistance to any indi- 20 vidual described in paragraph (2)(B) or (2)(C) who is the 21 victim of an alleged domestic violence offense, and to any 22 civilian individual not otherwise covered by paragraph 23 (2)(C) who is the victim of an alleged sex-related offense 24 or alleged domestic violence offense, if the Secretary of 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00209 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 210 •S 1790 RS the military department concerned determines (on a case- 1 by-case basis) that resources are available for the provi- 2 sion of such assistance to such individual without impair- 3 ing the capacity to provide assistance under paragraph (1) 4 to victims of alleged sex-related offenses described in para- 5 graph (2).’’. 6 (b) DEFINITIONS.—Subsection (g) of such section is 7 amended to read as follows: 8 ‘‘(g) DEFINITIONS.—In this section: 9 ‘‘(1) The term ‘alleged covered offense’ means 10 any of the following: 11 ‘‘(A) An alleged sex-related offense. 12 ‘‘(B) An alleged domestic violence offense. 13 ‘‘(2) The term ‘alleged sex-related offense’ 14 means any allegation of— 15 ‘‘(A) a violation of section 920, 920b, 16 920c, or 930 of this title (article 120, 120b, 17 120c, or 130 of the Uniform Code of Military 18 Justice); or 19 ‘‘(B) an attempt to commit an offense 20 specified in a subparagraph (A) as punishable 21 under section 880 of this title (article 80 of the 22 Uniform Code of Military Justice). 23 ‘‘(3) The term ‘alleged domestic violence of- 24 fense’ means any allegation of— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00210 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 211 •S 1790 RS ‘‘(A) a violation of section 928, 928b(1), 1 928b(5), or 930 of this title (article 128, 2 128b(1), 128b(5), or 130 of the Uniform Code 3 of Military Justice), when committed against a 4 spouse, intimate partner, or immediate family 5 member; 6 ‘‘(B) a violation of any other provision of 7 subchapter X of chapter 47 of this title (the 8 Uniform Code of Military Justice), when com- 9 mitted against a spouse, intimate partner, or 10 immediate family member, as specified by the 11 Secretary concerned for purposes of eligibility 12 for legal consultation and assistance by Special 13 Victims’ Counsel under the jurisdiction of such 14 Secretary under this section; or 15 ‘‘(C) an attempt to commit an offense 16 specified in a subparagraph (A) or (B) as pun- 17 ishable under section 880 of this title (article 18 80 of the Uniform Code of Military Justice).’’. 19 (c) CONFORMING AMENDMENTS.—Such section is 20 further amended— 21 (1) in subsections (b) and (f), by striking ‘‘al- 22 leged sex-related offense’’ each place it appears 23 (other than subsection (f)(1)) and inserting ‘‘alleged 24 covered offense concerned’’; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00211 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 212 •S 1790 RS (2) in subsection (f)— 1 (A) by striking ‘‘subsection (a)(2)’’ each 2 place it appears and inserting ‘‘paragraph (2) 3 or (3) of subsection (a)’’; and 4 (B) in paragraph (1), by striking ‘‘an al- 5 leged sex-related offense’’ and inserting ‘‘an al- 6 leged covered offense’’. 7 (d) CLERICAL AMENDMENTS.— 8 (1) HEADING AMENDMENT.—The heading of 9 such section is amended to read as follows: 10 ‘‘§ 1044e. Special Victims’ Counsel: victims of sex-re- 11 lated offenses; victims of domestic vio- 12 lence offenses’’. 13 (2) TABLE OF SECTIONS.—the table of sections 14 at the beginning of chapter 53 of such title is 15 amended by striking the item relating to section 16 1044e and inserting the following new item: 17 ‘‘1044e. Special Victims’ Counsel: victims of sex-related offenses; victims of do- mestic violence offenses.’’. SEC. 542. OTHER SPECIAL VICTIMS’ COUNSEL MATTERS. 18 (a) ENHANCEMENT OF LEGAL CONSULTATION AND 19 ASSISTANCE IN CONNECTION WITH POTENTIAL VICTIM 20 BENEFITS.—Paragraph (8)(D) of subsection (b) of sec- 21 tion 1044e of title 10, United States Code, is amended 22 by striking ‘‘and other’’ and inserting ‘‘, section 1408(h) 23 of this title, and other’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 213 •S 1790 RS (b) EXPANSION OF LEGAL ASSISTANCE AUTHORIZED 1 TO INCLUDE CONSULTATION AND ASSISTANCE FOR RE- 2 TALIATION.—Subsection (b) of such section is amended 3 further— 4 (1) by redesignating paragraph (10) as para- 5 graph (11); and 6 (2) by inserting after paragraph (9) the fol- 7 lowing new paragraph (10): 8 ‘‘(10) Legal consultation and assistance in con- 9 nection with an incident of retaliation, whether such 10 incident occurs before, during, or after the conclu- 11 sion of any criminal proceedings, including— 12 ‘‘(A) in understanding the rights and pro- 13 tections afforded to victims of retaliation; 14 ‘‘(B) in the filing of complaints; and 15 ‘‘(C) in any resulting military justice pro- 16 ceedings.’’. 17 (c) CODIFICATION OF DUTY TO DETERMINE VIC- 18 TIM’S PREFERENCE FOR PROSECUTION OF ALLEGED 19 SEX-RELATED OFFENSE BY COURT-MARTIAL OR CIVILIAN 20 COURT.— 21 (1) IN GENERAL.—Such section is further 22 amended— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 214 •S 1790 RS (A) by redesignating subsections (d) 1 through (h) as subsections (e) through (i), re- 2 spectively; and 3 (B) by inserting after subsection (c) the 4 following new subsection (d): 5 ‘‘(d) DUTY TO DETERMINE VICTIM’S PREFERENCE 6 FOR PROSECUTION OF AN ALLEGED SEX-RELATED OF- 7 FENSE BY COURT-MARTIAL OR CIVILIAN COURT.—(1) In 8 providing legal consultation and representation to a victim 9 under this section in connection with an alleged sex-re- 10 lated offense that occurs in the United States, a Special 11 Victims’ Counsel shall have the duty— 12 ‘‘(A) to solicit the victim’s preference regarding 13 whether the offense should be prosecuted by court- 14 martial or in a civilian court with jurisdiction over 15 the offense; and 16 ‘‘(B) to make the victim’s preference, if offered, 17 known to appropriate military prosecutors. 18 ‘‘(2) Any consultation by a Special Victims’ Counsel 19 pursuant to paragraph (1) shall occur in accordance with 20 the process for such consultation established pursuant to 21 section 534(b) of the Carl Levin and Howard P. ‘Buck’ 22 McKeon National Defense Authorization Act for Fiscal 23 Year 2015 (10 U.S.C. 1044e note) or such other process 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00214 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 215 •S 1790 RS as the Secretary of Defense shall establish for that pur- 1 pose.’’. 2 (2) CONFORMING AMENDMENT.—Paragraph 3 (11) of subsection (b) of such section, as redesig- 4 nated by subsection (b)(1) of this section, is amend- 5 ed by striking ‘‘subsection (h)’’ and inserting ‘‘sub- 6 section (i)’’. 7 (d) EFFECTIVE DATE.—The amendments made by 8 this section shall take effect on the date that is 180 days 9 after the date of the enactment of this Act. 10 (e) REPORT ON EXPANSION OF ELIGIBILITY FOR 11 SVC SERVICES FOR VICTIMS OF ALLEGED DOMESTIC VI- 12 OLENCE OFFENSES AND RELATED MATTERS.— 13 (1) IN GENERAL.—Not later than 120 days 14 after the date of the enactment of this Act, the Sec- 15 retary of Defense shall submit to the Committees on 16 Armed Services of the Senate and the House of Rep- 17 resentatives a report setting forth a description and 18 assessment of the manner in which the Department 19 of Defense would implement amendments to section 20 1044e of title 10, United States Code, that would 21 provide for the following: 22 (A) An expansion of eligibility for Special 23 Victims’ Counsel services for victims of alleged 24 domestic violence offenses. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 216 •S 1790 RS (B) An expansion of eligibility for Special 1 Victim’s Counsel services to any civilians who 2 are the victim of an alleged sex-related offense 3 or an alleged domestic violence offense, in cases 4 in which the Secretary concerned waives the 5 condition in section 1044(a)(7) of title 10, 6 United States Code, for purposes of such eligi- 7 bility. 8 (2) ELEMENTS.—The report required by para- 9 graph (1) shall include a comprehensive description 10 of the additional personnel (including the specific 11 number of additional billets), resources, and training 12 required to implement the amendments described in 13 that paragraph such that such amendments are fully 14 implemented by not later than September 30, 2025. 15 (3) DEFINITIONS.—In this subsection: 16 (A) The term ‘‘alleged sex-related offense’’ 17 has the meaning given that term in section 18 1044e(g) of title 10, United States Code. 19 (B) The term ‘‘alleged domestic violence 20 offense’’ means any allegation of— 21 (i) a violation of section 928(b), 22 928b(1), 928b(5), or 930 of title 10, 23 United States Code (article 128(b), 24 128b(1), 128b(5), or 130 of the Uniform 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 217 •S 1790 RS Code of Military Justice), when committed 1 against a spouse, intimate partner, or im- 2 mediate family member; 3 (ii) a violation of any other provision 4 of subchapter X of chapter 47 of such title 5 (the Uniform Code of Military Justice), 6 when committed against a spouse, intimate 7 partner, or immediate family member, if 8 specified by any Secretary concerned for 9 purposes of eligibility for legal consultation 10 and assistance by Special Victims’ Counsel 11 under the amendments described in para- 12 graph (1); and 13 (iii) an attempt to commit an offense 14 specified in clause (i) or (ii) as punishable 15 under section 880 of such title (article 80 16 of the Uniform Code of Military Justice). 17 (C) The term ‘‘Secretary concerned’’ has 18 the meaning given that term in section 19 101(a)(9) of title 10, United States Code. 20 SEC. 543. AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL AT 21 MILITARY INSTALLATIONS. 22 (a) DEADLINE FOR AVAILABILITY.—If a Special Vic- 23 tims’ Counsel is not available at a military installation for 24 access by a member of the Armed Forces who requests 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 218 •S 1790 RS access to such a Counsel, such a Counsel shall be made 1 available at such installation for access by such member 2 by not later than 72 hours after such request. 3 (b) REPORT ON CIVILIAN SUPPORT OF SVCS.—Not 4 later than 180 days after the date of the enactment of 5 this Act, each Secretary of a military department shall 6 submit to the Committees on Armed Services of the Sen- 7 ate and the House of Representatives a report setting 8 forth the assessment of such Secretary of the feasibility 9 and advisability of establishing and maintaining for each 10 Special Victims’ Counsel under the jurisdiction of such 11 Secretary one or more civilian positions for the purpose 12 of— 13 (1) providing support to such Special Victims’ 14 Counsel; and 15 (2) ensuring continuity and the preservation of 16 institutional knowledge in transitions between the 17 service of individuals as such Special Victims’ Coun- 18 sel. 19 SEC. 544. TRAINING FOR SPECIAL VICTIMS’ COUNSEL ON 20 CIVILIAN CRIMINAL JUSTICE MATTERS IN 21 THE STATES OF THE MILITARY INSTALLA- 22 TIONS TO WHICH ASSIGNED. 23 (a) TRAINING.—Upon the assignment of a Special 24 Victims’ Counsel (including a Victim Legal Counsel of the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00218 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 219 •S 1790 RS Navy) to a military installation in the United States, such 1 Counsel shall be provided appropriate training on the law 2 and policies of the State or States in which such military 3 installation is located with respect to the criminal justice 4 matters specified in subsection (b). 5 (b) CRIMINAL JUSTICE MATTERS.—The criminal jus- 6 tice matters specified in this subsection, with respect to 7 a State, are the following: 8 (1) Victim rights. 9 (2) Protective orders. 10 (3) Prosecution of criminal offenses. 11 (4) Sentencing for conviction of criminal of- 12 fenses. 13 PART III—BOARDS FOR CORRECTION OF MILI- 14 TARY RECORDS AND DISCHARGE REVIEW 15 BOARD MATTERS 16 SEC. 546. REPEAL OF 15-YEAR STATUTE OF LIMITATIONS 17 ON MOTIONS OR REQUESTS FOR REVIEW OF 18 DISCHARGE OR DISMISSAL FROM THE 19 ARMED FORCES. 20 (a) REPEAL.—Section 1553(a) of title 10, United 21 States Code, is amended by striking the second sentence. 22 (b) EFFECTIVE DATE.—The amendment made by 23 this section shall take effect on October 1, 2020. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00219 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 220 •S 1790 RS SEC. 547. REDUCTION IN REQUIRED NUMBER OF MEMBERS 1 OF DISCHARGE REVIEW BOARDS. 2 Section 1553(a) of title 10, United States Code, is 3 amended by striking ‘‘five’’ and inserting ‘‘not fewer than 4 three’’. 5 SEC. 548. ENHANCEMENT OF PERSONNEL ON BOARDS FOR 6 THE CORRECTION OF MILITARY RECORDS 7 AND DISCHARGE REVIEW BOARDS. 8 (a) BOARDS FOR THE CORRECTION OF MILITARY 9 RECORDS.—Section 1552 of title 10, United States Code, 10 is amended— 11 (1) in subsection (g), by inserting ‘‘, or a social 12 worker with training on mental health issues con- 13 nected with post-traumatic stress disorder or trau- 14 matic brain injury or other trauma,’’ after ‘‘psychia- 15 trist’’; and 16 (2) in subsection (h)(2)(A), by inserting ‘‘(in- 17 cluding a social worker with training on mental 18 health issues connected with post-traumatic stress 19 disorder or traumatic brain injury or other trauma)’’ 20 after ‘‘a civilian health care provider’’. 21 (b) DISCHARGE REVIEW BOARDS.—Section 1553 of 22 such title is amended— 23 (1) in subsection (d)(1), by inserting ‘‘, or a so- 24 cial worker with training on mental health issues 25 connected with post-traumatic stress disorder or 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00220 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 221 •S 1790 RS traumatic brain injury or other trauma,’’ after ‘‘psy- 1 chiatrist’’ both places it appears; and 2 (2) in subsection (e), by inserting ‘‘a social 3 worker with training on mental health issues con- 4 nected with post-traumatic stress disorder or trau- 5 matic brain injury or other trauma,’’ after ‘‘or psy- 6 chiatrist,’’. 7 SEC. 549. INCLUSION OF INTIMATE PARTNER VIOLENCE 8 AND SPOUSAL ABUSE AMONG SUPPORTING 9 RATIONALES FOR CERTAIN CLAIMS FOR COR- 10 RECTIONS OF MILITARY RECORDS AND DIS- 11 CHARGE REVIEW. 12 (a) CORRECTION OF MILITARY RECORDS.—Section 13 1552(h)(1) of title 10, United States Code, is amended 14 by striking ‘‘or military sexual trauma’’ and inserting ‘‘, 15 sexual trauma, intimate partner violence, or spousal 16 abuse’’. 17 (b) DISCHARGE REVIEW.—Section 1553(d)(3)(B) of 18 such title is amended by striking ‘‘or military sexual trau- 19 ma’’ and inserting ‘‘, sexual trauma, intimate partner vio- 20 lence, or spousal abuse’’. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00221 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 222 •S 1790 RS SEC. 550. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN 1 REVIEW BY BOARDS FOR CORRECTION OF 2 MILITARY RECORDS AND DISCHARGE RE- 3 VIEW BOARDS OF CERTAIN CLAIMS. 4 (a) BOARDS FOR CORRECTION OF MILITARY 5 RECORDS.—Section 1552(g) of title 10, United States 6 Code, is amended— 7 (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 8 (2) by adding at the end the following new 9 paragraph: 10 ‘‘(2) If a board established under subsection (a)(1) 11 is reviewing a claim described in subsection (h), the board 12 shall seek advice and counsel in the review from a psychia- 13 trist, psychologist, or social worker with training on men- 14 tal health issues associated with post-traumatic stress dis- 15 order or traumatic brain injury or other trauma as speci- 16 fied in the current edition of the Diagnostic and Statistical 17 Manual of Mental Disorders published by the American 18 Psychiatric Association. 19 ‘‘(3) If a board established under subsection (a)(1) 20 is reviewing a claim in which sexual trauma, intimate part- 21 ner violence, or spousal abuse is claimed, the board shall 22 seek advice and counsel in the review from an expert in 23 trauma specific to sexual assault, intimate partner vio- 24 lence, or spousal abuse, as applicable.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 223 •S 1790 RS (b) DISCHARGE REVIEW BOARDS.—Section 1 1553(d)(1) of such title is amended— 2 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 3 (2) by adding at the end the following new sub- 4 paragraph; 5 ‘‘(B) In the case of a former member described in 6 paragraph (3)(B) who claims that the former member’s 7 post-traumatic stress disorder or traumatic brain injury 8 as described in that paragraph in based in whole or in 9 part on sexual trauma, intimate partner violence, or 10 spousal abuse, a board established under this section to 11 review the former member’s discharge or dismissal shall 12 seek advice and counsel in the review from a psychiatrist, 13 psychologist, or social worker with training on mental 14 health issues associated with post-traumatic stress dis- 15 order or traumatic brain injury or other trauma as speci- 16 fied in the current edition of the Diagnostic and Statistical 17 Manual of Mental Disorders published by the American 18 Psychiatric Association.’’. 19 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00223 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 224 •S 1790 RS SEC. 551. TRAINING OF MEMBERS OF BOARDS FOR COR- 1 RECTION OF MILITARY RECORDS AND DIS- 2 CHARGE REVIEW BOARDS ON SEXUAL TRAU- 3 MA, INTIMATE PARTNER VIOLENCE, SPOUSAL 4 ABUSE, AND RELATED MATTERS. 5 (a) BOARDS FOR CORRECTION OF MILITARY 6 RECORDS.—The curriculum of training for members of 7 boards for the correction of military records under section 8 534(c) of the National Defense Authorization Act for Fis- 9 cal Year 2017 (10 U.S.C. 1552 note) shall include train- 10 ing on each of the following: 11 (1) Sexual trauma. 12 (2) Intimate partner violence. 13 (3) Spousal abuse. 14 (4) The various responses of individuals to 15 trauma. 16 (b) DISCHARGE REVIEW BOARDS.— 17 (1) IN GENERAL.—Each Secretary concerned 18 shall develop and provide training for members of 19 discharge review boards under section 1553 of title 20 10, United States Code, that are under the jurisdic- 21 tion of such Secretary on each of the following: 22 (A) Sexual trauma. 23 (B) Intimate partner violence. 24 (C) Spousal abuse. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 225 •S 1790 RS (D) The various responses of individuals to 1 trauma. 2 (2) UNIFORMITY OF TRAINING.—The Secretary 3 of Defense and the Secretary of Homeland Security 4 shall jointly ensure that the training developed and 5 provided pursuant to this subsection is, to the extent 6 practicable, uniform. 7 (3) SECRETARY CONCERNED DEFINED.—In this 8 subsection, the term ‘‘Secretary concerned’’ has the 9 meaning given that term in section 101(a)(9) of title 10 10, United States Code. 11 SEC. 552. LIMITATIONS AND REQUIREMENTS IN CONNEC- 12 TION WITH SEPARATIONS FOR MEMBERS OF 13 THE ARMED FORCES WHO SUFFER FROM 14 MENTAL HEALTH CONDITIONS IN CONNEC- 15 TION WITH A SEX-RELATED, INTIMATE PART- 16 NER VIOLENCE-RELATED, OR SPOUSAL- 17 ABUSE OFFENSE. 18 (a) CONFIRMATION OF DIAGNOSIS OF CONDITION 19 REQUIRED BEFORE SEPARATION.—Before a member of 20 the Armed Forces who was the victim of a sex-related of- 21 fense, an intimate partner violence-related offense, or a 22 spousal-abuse offense during service in the Armed Forces 23 (whether or not such offense was committed by another 24 member of the Armed Forces), and who has a mental 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00225 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 226 •S 1790 RS health condition not amounting to a physical disability, is 1 separated, discharged, or released from the Armed Forces 2 based solely on such condition, the diagnosis of such condi- 3 tion must be— 4 (1) corroborated by a competent mental health 5 care professional at the peer level or a higher level 6 of the health care professional making the diagnosis; 7 and 8 (2) endorsed by the Surgeon General of the 9 military department concerned. 10 (b) NARRATIVE REASON FOR SEPARATION IF MEN- 11 TAL HEALTH CONDITION PRESENT.—If the narrative rea- 12 son for discharge, separation, or release from the Armed 13 Forces of a member of the Armed Forces is a mental 14 health condition that is not a disability, the appropriate 15 narrative reason for the discharge, separation, or release 16 shall be condition, not a disability, or Secretarial author- 17 ity. 18 (c) DEFINITION.—In this section: 19 (1) The term ‘‘intimate partner violence-related 20 offense’’ means the following: 21 (A) An offense under section 928 or 930 22 of title 10, United States Code (article 128 or 23 130 of the Uniform Code of Military Justice). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 227 •S 1790 RS (B) An offense under State law for con- 1 duct identical or substantially similar to an of- 2 fense described in subparagraph (A). 3 (2) The term ‘‘sex-related offense’’ means the 4 following: 5 (A) An offense under section 920 or 920b 6 of title 10, United States Code (article 120 or 7 120b of the Uniform Code of Military Justice). 8 (B) An offense under State law for con- 9 duct identical or substantially similar to an of- 10 fense described in subparagraph (A). 11 (3) The term ‘‘spousal-abuse offense’’ means 12 the following: 13 (A) An offense under section 928 of title 14 10, United States Code (article 128 of the Uni- 15 form Code of Military Justice). 16 (B) An offense under State law for con- 17 duct identical or substantially similar to an of- 18 fense described in subparagraph (A). 19 (d) EFFECTIVE DATE.—This section shall take effect 20 180 days after the date of the enactment of this Act, and 21 shall apply with respect to separations, discharges, and re- 22 leases from the Armed Forces that occur on or after that 23 effective date. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00227 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 228 •S 1790 RS SEC. 553. LIBERAL CONSIDERATION OF EVIDENCE IN CER- 1 TAIN CLAIMS BY BOARDS FOR THE CORREC- 2 TION OF MILITARY RECORDS AND DIS- 3 CHARGE REVIEW BOARDS. 4 (a) BOARDS FOR THE CORRECTION OF MILITARY 5 RECORDS.— 6 (1) IN GENERAL.—Section 1552(h) of title 10, 7 United States Code, is amended— 8 (A) by striking paragraph (1); 9 (B) by striking ‘‘(2) In the case of a claim- 10 ant described in paragraph (1), a board’’ and 11 inserting ‘‘A board’’; 12 (C) by redesignating subparagraphs (A) 13 and (B) as paragraphs (1) and (2), respectively; 14 (D) in paragraph (1), as redesignated by 15 subparagraph (C), by inserting ‘‘all evidence 16 presented by the claimant, including lay evi- 17 dence and information and’’ after ‘‘review’’; and 18 (E) by striking paragraph (2), as so redes- 19 ignated, and inserting the following new para- 20 graph (2): 21 ‘‘(2) if a claim alleges error or injustice in the 22 claimant’s discharge or dismissal, or the character- 23 ization of such discharge or dismissal, review such 24 claim with liberal consideration of all evidence and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 229 •S 1790 RS information submitted by, or pertaining to, the 1 claimant.’’. 2 (2) EFFECTIVE DATE.—The amendments made 3 by paragraph (1) shall take effect on the date of the 4 enactment of this Act, and shall apply with respect 5 to claims submitted to boards for the correction of 6 military records under section 1552 of title 10, 7 United States Code, on or after that date. 8 (b) DISCHARGE REVIEW BOARDS.— 9 (1) IN GENERAL.—Section 1553 of title 10, 10 United States Code, is amended— 11 (A) in subsection (c)— 12 (i) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 13 (ii) by adding at the end the following 14 new paragraph: 15 ‘‘(2) A board established under this section shall— 16 ‘‘(A) review all evidence and information pro- 17 vided by the former member, including lay evidence 18 and information and medical evidence of the Sec- 19 retary of Veterans Affairs or a civilian health care 20 provider that is provided by the former member; and 21 ‘‘(B) review the claim with liberal consideration 22 of all evidence and information submitted by, or per- 23 taining to, the former member.’’; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 230 •S 1790 RS (B) in subsection (d), by striking para- 1 graph (3). 2 (2) EFFECTIVE DATE.—The amendments made 3 by paragraph (1) shall take effect on the date of the 4 enactment of this Act, and shall apply with respect 5 to motions or requests for review submitted to dis- 6 charge review boards under section 1553 of title 10, 7 United States Code, on or after that date. 8 PART IV—OTHER MILITARY JUSTICE MATTERS 9 SEC. 555. EXPANSION OF PRE-REFERRAL MATTERS RE- 10 VIEWABLE BY MILITARY JUDGES AND MILI- 11 TARY MAGISTRATES IN THE INTEREST OF EF- 12 FICIENCY IN MILITARY JUSTICE. 13 (a) IN GENERAL.—Subsection (a) of section 830a of 14 title 10, United States Code (article 30a of the Uniform 15 Code of Military Justice), is amended by striking para- 16 graphs (1) and (2) and inserting the following new para- 17 graphs: 18 ‘‘(1) The President shall prescribe regulations for 19 matters relating to proceedings conducted before referral 20 of charges and specifications to court-martial for trial, in- 21 cluding the following: 22 ‘‘(A) Pre-referral investigative subpoenas. 23 ‘‘(B) Pre-referral warrants or orders for elec- 24 tronic communications. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00230 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 231 •S 1790 RS ‘‘(C) Pre-referral matters referred by an appel- 1 late court. 2 ‘‘(D) Pre-referral matters under subsection (c) 3 or (e) of section 806b of this title (article 6b). 4 ‘‘(E) Pre-referral matters relating to the fol- 5 lowing: 6 ‘‘(i) Pre-trial confinement of an accused. 7 ‘‘(ii) The mental capacity or responsibility 8 of an accused. 9 ‘‘(iii) A request for an individual military 10 counsel. 11 ‘‘(2) In addition to the matters specified in paragraph 12 (1), the regulations prescribed under that paragraph 13 shall— 14 ‘‘(A) set forth the matters that a military judge 15 may rule upon in such proceedings; 16 ‘‘(B) include procedures for the review of such 17 rulings; 18 ‘‘(C) include appropriate limitations to ensure 19 that proceedings under this section extend only to 20 matters that would be subject to consideration by a 21 military judge in a general or special court-martial; 22 ‘‘(D) provide such limitations on the relief that 23 may be ordered under this section as the President 24 considers appropriate; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 232 •S 1790 RS ‘‘(E) provide for treatment of such other pre-re- 1 ferral matters as the President may prescribe.’’. 2 (b) CONFORMING AND CLERICAL AMENDMENTS.— 3 (1) HEADING AMENDMENT.—The heading of 4 such section is amended to read as follows: 5 ‘‘§ 830a. Art 30a. Proceedings conducted before refer- 6 ral’’. 7 (2) CLERICAL AMENDMENT.—The table of sec- 8 tions at the beginning of subchapter VI of chapter 9 47 of title 10, United States Code (the Uniform 10 Code of Military Justice), is amended by striking the 11 item relating to section 830a (article 30a) and in- 12 serting the following new item: 13 ‘‘830a. 30a. Proceedings conducted before referral.’’. SEC. 556. POLICIES AND PROCEDURES ON REGISTRATION 14 AT MILITARY INSTALLATIONS OF CIVILIAN 15 PROTECTIVE ORDERS APPLICABLE TO MEM- 16 BERS OF THE ARMED FORCES ASSIGNED TO 17 SUCH INSTALLATIONS AND CERTAIN OTHER 18 INDIVIDUALS. 19 (a) POLICIES AND PROCEDURES REQUIRED.—Not 20 later than one year after the date of the enactment of this 21 Act, the Secretary of Defense shall, in consultation with 22 the Secretaries of the military departments, establish poli- 23 cies and procedures for the registration at military instal- 24 lations of any civilian protective orders described in sub- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 233 •S 1790 RS section (b), including the duties and responsibilities of 1 commanders of installations in the registration process. 2 (b) CIVILIAN PROTECTIVE ORDERS.—A civilian pro- 3 tective order described in this subsection is any civilian 4 protective order as follows: 5 (1) A civilian protective order against a member 6 of the Armed Forces assigned to the installation 7 concerned. 8 (2) A civilian protective order against a civilian 9 employee employed at the installation concerned. 10 (3) A civilian protective order against the civil- 11 ian spouse or intimate partner of a member of the 12 Armed Forces on active duty and assigned to the in- 13 stallation concerned, or of a civilian employee de- 14 scribed in paragraph (2), which order provides for 15 the protection of such member or employee. 16 (c) PARTICULAR ELEMENTS.—The policies and pro- 17 cedures required by subsection (a) shall include the fol- 18 lowing: 19 (1) A requirement for notice between and 20 among the commander, military law enforcement ele- 21 ments, and military criminal investigative elements 22 of an installation when a member of the Armed 23 Forces assigned to such installation, a civilian em- 24 ployee employed at such installation, a civilian 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00233 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 234 •S 1790 RS spouse or intimate partner of a member assigned to 1 such installation, or a civilian spouse or intimate 2 partner of a civilian employee employed at such in- 3 stallation becomes subject to a civilian protective 4 order. 5 (2) A statement of policy that failure to register 6 a civilian protective order may not be a justification 7 for the lack of enforcement of such order by military 8 law enforcement and other applicable personnel who 9 have knowledge of such order. 10 (d) LETTER.—As soon as practicable after estab- 11 lishing the policies and procedures required by subsection 12 (a), the Secretary shall submit to the Committees on 13 Armed Services of the Senate and the House of Represent- 14 atives a letter that includes the following: 15 (1) A detailed description of the policies and 16 procedures. 17 (2) A certification by the Secretary that the 18 policies and procedures have been implemented on 19 each military installation. 20 SEC. 557. INCREASE IN NUMBER OF DIGITAL FORENSIC EX- 21 AMINERS FOR THE MILITARY CRIMINAL IN- 22 VESTIGATIVE ORGANIZATIONS. 23 (a) IN GENERAL.—Each Secretary of a military de- 24 partment shall take appropriate actions to increase the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 235 •S 1790 RS number of digital forensic examiners in each military 1 criminal investigative organization (MCIO) under the ju- 2 risdiction of such Secretary by not fewer than 10 from 3 the authorized number of such examiners for such organi- 4 zation as of September 30, 2019. 5 (b) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA- 6 TIONS.—For purposes of this section, the military criminal 7 investigative organizations are the following: 8 (1) The Army Criminal Investigation Com- 9 mand. 10 (2) The Naval Criminal Investigative Service. 11 (3) The Air Force Office of Special Investiga- 12 tions. 13 (4) The Marine Corps Criminal Investigation 14 Division. 15 (c) FUNDING.—Funds for additional digital forensic 16 examiners as required by subsection (a) for fiscal year 17 2020, including for compensation, initial training, and 18 equipment, shall be derived from amounts authorized to 19 be appropriated for that fiscal year for the Armed Force 20 concerned for operation and maintenance. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00235 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 236 •S 1790 RS SEC. 558. SURVEY OF MEMBERS OF THE ARMED FORCES ON 1 THEIR EXPERIENCES WITH MILITARY INVES- 2 TIGATIONS AND MILITARY JUSTICE. 3 (a) IN GENERAL.—Chapter 23 of title 10, United 4 States Code, is amended by inserting after section 481a 5 the following new section: 6 ‘‘§ 481b. Military investigation and justice experi- 7 ences: survey of members of the armed 8 forces 9 ‘‘(a) SURVEYS REQUIRED.—(1) The Secretary of De- 10 fense shall conduct from time to time a survey on the ex- 11 periences of members of the armed forces with military 12 investigations and military justice in accordance with this 13 section and guidance issued by the Secretary for purposes 14 of this section. 15 ‘‘(2) The survey under this section shall be known 16 as the ‘Military Investigation and Justice Experience Sur- 17 vey’. 18 ‘‘(b) MATTERS COVERED BY SURVEY.—The guidance 19 issued by the Secretary under this section on the survey 20 shall include specification of the following: 21 ‘‘(1) The individuals to be surveyed, including 22 any member of the armed forces serving on active 23 duty who is a victim of an alleged sex-related offense 24 and who made an unrestricted report of that offense. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 237 •S 1790 RS ‘‘(2) The matters to be covered in the survey, 1 including— 2 ‘‘(A) the experience of the individuals sur- 3 veyed with the military criminal investigative 4 organization that investigated the alleged of- 5 fense, and with the Special Victims’ Counsel in 6 the case of a member who was the victim of an 7 alleged sex-related offense; and 8 ‘‘(B) if the individual’s report resulted in a 9 charge or charges that were referred to a court- 10 martial, the experience of the individual with 11 the prosecutor and the court-martial in general. 12 ‘‘(3) The timing of the administration of the 13 survey, including when the investigation or case is 14 closed or otherwise complete. 15 ‘‘(c) FREQUENCY OF SURVEY.—The survey required 16 by this section shall be conducted at least once every four 17 years, but not more frequently than once every two years. 18 ‘‘(d) DEFINITIONS.—In this section: 19 ‘‘(1) ALLEGED SEX-RELATED OFFENSE.—The 20 term ‘alleged sex-related offense’ has the meaning 21 provided in section 1044e(g) of this title. 22 ‘‘(2) UNRESTRICTED REPORT.—The term ‘un- 23 restricted report’ means a report that is not a re- 24 stricted report. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00237 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 238 •S 1790 RS ‘‘(3) RESTRICTED REPORT.—The term ‘re- 1 stricted report’ means a report concerning a sexual 2 assault that is treated as a restricted report under 3 section 1565b(b) of this title.’’. 4 (b) CLERICAL AMENDMENT.—The table of sections 5 at the beginning of chapter 23 of such title is amended 6 by inserting after the item relating to section 481a the 7 following new item: 8 ‘‘481b. Military investigation and justice experiences: survey of members of the armed forces.’’. SEC. 559. PUBLIC ACCESS TO DOCKETS, FILINGS, AND 9 COURT RECORDS OF COURTS-MARTIAL OR 10 OTHER RECORDS OF TRIAL OF THE MILI- 11 TARY JUSTICE SYSTEM. 12 (a) IN GENERAL.—Section 940a of title 10, United 13 States Code (article 140a of the Uniform Code of Military 14 Justice), is amended— 15 (1) by striking ‘‘The Secretary of Defense’’ and 16 inserting ‘‘(a) IN GENERAL.—The Secretary of De- 17 fense, in consultation with the Secretary of Home- 18 land Security,’’; 19 (2) in subsection (a), as designated by para- 20 graph (1)— 21 (A) in the matter preceding paragraph (1), 22 by inserting ‘‘(including with respect to the 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 239 •S 1790 RS Coast Guard)’’ after ‘‘military justice system’’; 1 and 2 (B) in paragraph (4), by inserting ‘‘public’’ 3 before ‘‘access to docket information’’; and 4 (3) by adding at the end the following new sub- 5 sections: 6 ‘‘(b) INAPPLICABILITY OF PRIVACY ACT.—Section 7 552a of title 5 shall not apply to records of trial produced 8 or distributed within the military justice system or docket 9 information, filings, and records made publicly accessible 10 in accordance with the uniform standards and criteria for 11 conduct established by the Secretary under subsection (a). 12 ‘‘(c) PROTECTION OF CERTAIN PERSONALLY IDENTI- 13 FIABLE INFORMATION.—Records of trial, docket informa- 14 tion, filings, and other records made publicly accessible in 15 accordance with the uniform standards and criteria for 16 conduct established by the Secretary under subsection (a) 17 shall restrict access to personally identifiable information 18 of minors and victims of crime (including victims of sexual 19 assault and domestic violence), as practicable to the extent 20 such information is restricted in electronic filing systems 21 of Federal and State courts. 22 ‘‘(d) INAPPLICABILITY TO CERTAIN DOCKETS AND 23 RECORDS.—Nothing in this section shall be construed to 24 provide public access to docket information, filings, or 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00239 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 240 •S 1790 RS records that are classified, subject to a judicial protective 1 order, or ordered sealed.’’. 2 (b) EXISTING STANDARDS AND CRITERIA.—The Sec- 3 retary of Homeland Security shall apply to the Coast 4 Guard the standards and criteria for conduct established 5 by the Secretary of Defense under section 940a of title 6 10, United States Code (article 140a of the Uniform Code 7 of Military Justice), as in effect on the day before the date 8 of the enactment of this Act, until such time as the Sec- 9 retary of Defense, in consultation with the Secretary of 10 Homeland Security, prescribes revised standards and cri- 11 teria for conduct under such section that implement the 12 amendments made by subsection (a) of this section. 13 SEC. 560. PILOT PROGRAMS ON DEFENSE INVESTIGATORS 14 IN THE MILITARY JUSTICE SYSTEM. 15 (a) IN GENERAL.—Each Secretary of a military de- 16 partment shall carry out a pilot program on defense inves- 17 tigators within the military justice system under the juris- 18 diction of such Secretary in order to do the following: 19 (1) Determine whether the presence of defense 20 investigators within such military justice system 21 will— 22 (A) make such military justice system 23 more effective in determining the truth; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00240 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 241 •S 1790 RS (B) make such military justice system 1 more fair and efficient. 2 (2) Otherwise assess the feasibility and advis- 3 ability of defense investigators as an element of such 4 military justice system. 5 (b) ELEMENTS.— 6 (1) MODEL OF SIMILAR CIVILIAN CRIMINAL 7 JUSTICE SYSTEMS.—Defense investigators under 8 each pilot program under subsection (a) shall consist 9 of personnel, and participate in the military justice 10 system concerned, in a manner similar to that of de- 11 fense investigators in civilian criminal justice sys- 12 tems that are similar to the military justice systems 13 of the military departments. 14 (2) INTERVIEW OF VICTIM.—A defense investi- 15 gator may question a victim under a pilot program 16 only upon a request made through the Special Vic- 17 tims’ Counsel or other counsel of the victim, or trial 18 counsel if the victim does not have such counsel. 19 (3) UNIFORMITY ACROSS MILITARY JUSTICE 20 SYSTEMS.—The Secretary of Defense shall ensure 21 that the personnel and activities of defense inves- 22 tigators under the pilot programs are, to the extent 23 practicable, uniform across the military justice sys- 24 tems of the military departments. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00241 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 242 •S 1790 RS (c) REPORT.— 1 (1) IN GENERAL.—Not later than three years 2 after the date of the enactment of this Act, the Sec- 3 retary of Defense shall, in consultation with the Sec- 4 retaries of the military departments, submit to the 5 Committees on Armed Services of the Senate and 6 the House of Representatives a report on the pilot 7 programs under subsection (a). 8 (2) ELEMENTS.—The report required by para- 9 graph (1) shall include the following: 10 (A) A description of each pilot program, 11 including the personnel and activities of defense 12 investigators under such pilot program. 13 (B) An assessment of the feasibility and 14 advisability of establishing and maintaining de- 15 fense investigators as an element of the military 16 justice systems of the military departments. 17 (C) If the assessment under subparagraph 18 (B) is that the establishment and maintenance 19 of defense investigators as an element of the 20 military justice systems of the military depart- 21 ments is feasible and advisable, such rec- 22 ommendations for legislative and administrative 23 action as the Secretary of Defense considers ap- 24 propriate to establish and maintain defense in- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00242 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 243 •S 1790 RS vestigators as an element of the military justice 1 systems. 2 (D) Any other matters the Secretary of 3 Defense considers appropriate. 4 SEC. 561. REPORT ON MILITARY JUSTICE SYSTEM INVOLV- 5 ING ALTERNATIVE AUTHORITY FOR DETER- 6 MINING WHETHER TO PREFER OR REFER 7 CHANGES FOR FELONY OFFENSES UNDER 8 THE UNIFORM CODE OF MILITARY JUSTICE. 9 (a) REPORT REQUIRED.— 10 (1) IN GENERAL.—Not later than 300 days 11 after the date of the enactment of this Act, the Sec- 12 retary of Defense shall submit to the Committees on 13 Armed Services of the Senate and the House of Rep- 14 resentatives a report setting forth the results of a 15 study, conducted for purposes of the report, on the 16 feasibility and advisability of an alternative military 17 justice system in which determinations as to whether 18 to prefer or refer charges for trial by court-martial 19 for any offense specified in paragraph (2) is made 20 by a judge advocate in grade O–6 or higher who has 21 significant experience in criminal litigation and is 22 outside of the chain of command of the member sub- 23 ject to the charges rather than by a commanding of- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00243 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 244 •S 1790 RS ficer of the member who is in the chain of command 1 of the member. 2 (2) SPECIFIED OFFENSE.—An offense specified 3 in this paragraph is any offense under chapter 47 of 4 title 10, United States Code (the Uniform Code of 5 Military Justice), for which the maximum punish- 6 ment authorized includes confinement for more than 7 one year. 8 (b) ELEMENTS.—The study required for purposes of 9 the report under subsection (a) shall address the following: 10 (1) Relevant procedural, legal, and policy impli- 11 cations and considerations of the alternative military 12 justice system described in subsection (a). 13 (2) An analysis of the following in connection 14 with the implementation and maintenance of the al- 15 ternative military justice system: 16 (A) Legal personnel requirements. 17 (B) Changes in force structure. 18 (C) Amendments to law. 19 (D) Impacts on the timeliness and effi- 20 ciency of legal processes and court-martial adju- 21 dications. 22 (E) Potential legal challenges to the sys- 23 tem. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00244 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 245 •S 1790 RS (F) Potential changes in prosecution and 1 conviction rates. 2 (G) Potential impacts on the preservation 3 of good order and discipline, including the abil- 4 ity of a commander to carry out nonjudicial 5 punishment and other administrative actions. 6 (H) Such other considerations as the Sec- 7 retary considers appropriate. 8 (3) A comparative analysis of the military jus- 9 tice systems of relevant foreign allies with the cur- 10 rent military justice system of the United States and 11 the alternative military justice system, including 12 whether or not approaches of the military justice 13 systems of such allies to determinations described in 14 subsection (a) are appropriate for the military jus- 15 tice system of the United States. 16 (4) An assessment of the feasibility and advis- 17 ability of conducting a pilot program to assess the 18 feasibility and advisability of the alternative military 19 justice system, and, if the pilot program is deter- 20 mined to be feasible and advisable— 21 (A) an analysis of potential legal issues in 22 connection with the pilot program, including po- 23 tential issues for appeals; and 24 (B) recommendations on the following: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00245 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 246 •S 1790 RS (i) The populations to be subject to 1 the pilot program. 2 (ii) The duration of the pilot program. 3 (iii) Metrics to measure the effective- 4 ness of the pilot program. 5 (iv) The resources to be used to con- 6 duct the pilot program. 7 SEC. 562. REPORT ON STANDARDIZATION AMONG THE MILI- 8 TARY DEPARTMENTS IN COLLECTION AND 9 PRESENTATION OF INFORMATION ON MAT- 10 TERS WITHIN THE MILITARY JUSTICE SYS- 11 TEM. 12 Not later than 180 days after the date of the enact- 13 ment of this Act, the Secretary of Defense shall, in con- 14 sultation with the Secretaries of the military departments, 15 submit to the Committees on Armed Services of the Sen- 16 ate and the House of Representatives a report setting 17 forth the following: 18 (1) A plan for actions to provide for standard- 19 ization, to the extent practicable, among the military 20 departments in the collection and presentation of in- 21 formation on matters within their military justice 22 systems, including information collected and main- 23 tained for purposes of section 940a of title 10, 24 United States Code (article 140a of the Uniform 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 247 •S 1790 RS Code of Military Justice), and such other informa- 1 tion as the Secretary considers appropriate. 2 (2) An assessment of the feasibility and advis- 3 ability of establishing and maintaining a single, De- 4 partment of Defense-wide data management system 5 for the standardized collection and presentation of 6 information described in paragraph (1). 7 SEC. 563. REPORT ON ESTABLISHMENT OF GUARDIAN AD 8 LITEM PROGRAM FOR CERTAIN MILITARY 9 DEPENDENTS WHO ARE A VICTIM OR WIT- 10 NESS OF OFFENSES UNDER THE UNIFORM 11 CODE OF MILITARY JUSTICE INVOLVING 12 ABUSE OR EXPLOITATION. 13 (a) REPORT REQUIRED.— 14 (1) IN GENERAL.—Not later than one year 15 after the date of the enactment of this Act, the Sec- 16 retary of Defense shall submit to the Committees on 17 Armed Services of the Senate and the House of Rep- 18 resentatives a report setting forth an assessment of 19 the feasibility and advisability of establishing a 20 guardian ad litem program for military dependents 21 described in paragraph (2) who are a victim or wit- 22 ness of an offense under chapter 47 of title 10, 23 United States Code (the Uniform Code of Military 24 Justice), that involves an element of abuse or exploi- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00247 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 248 •S 1790 RS tation in order to protect the best interests of such 1 dependents in a court-martial of such offense. 2 (2) COVERED DEPENDENTS.—The military de- 3 pendents described in this paragraph are as follows: 4 (A) Military dependents under 12 years of 5 age. 6 (B) Military dependents who lack mental 7 or other capacity. 8 (b) ELEMENTS.—The report required by subsection 9 (a) shall include the following: 10 (1) An assessment of the feasibility and advis- 11 ability of establishing a guardian ad litem program 12 as described in subsection (a). 13 (2) If establishment of the guardian ad litem 14 program is considered feasible and advisable, the fol- 15 lowing: 16 (A) A description of administrative re- 17 quirements in connection with the program, in- 18 cluding the following: 19 (i) Any memoranda of understanding 20 between the Department of Defense and 21 State and local authorities required for 22 purposes of the program. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 249 •S 1790 RS (ii) The personnel, funding, and other 1 resources required for purposes of the pro- 2 gram. 3 (B) Best practices for the program (as de- 4 termined in consultation with appropriate civil- 5 ian experts on child advocacy). 6 (C) Such recommendations for legislative 7 and administration action to implement the pro- 8 gram as the Secretary considers appropriate. 9 Subtitle E—Member Education, 10 Training, Transition, and Resil- 11 ience 12 SEC. 566. CONSECUTIVE SERVICE OF SERVICE OBLIGATION 13 IN CONNECTION WITH PAYMENT OF TUITION 14 FOR OFF-DUTY TRAINING OR EDUCATION 15 FOR COMMISSIONED OFFICERS OF THE 16 ARMED FORCES WITH ANY OTHER SERVICE 17 OBLIGATIONS. 18 (a) IN GENERAL.—Section 2007(b) of title 10, 19 United States Code, is amended by adding at the end the 20 following new paragraph: 21 ‘‘(3) Any active duty service obligation of a commis- 22 sioned officer under this subsection shall be served con- 23 secutively with any other service obligation of the officer 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 250 •S 1790 RS (whether active duty or otherwise) under any other provi- 1 sion of law.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 this section shall take effect on the date of the enactment 4 of this Act, and shall apply with respect to agreements 5 for the payment of tuition for off-duty training or edu- 6 cation that are entered into on or after that date. 7 SEC. 567. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED 8 MEMBERS OF THE ARMED FORCES AS STU- 9 DENTS AT LAW SCHOOLS. 10 (a) IN GENERAL.—Section 2004 of title 10, United 11 States Code, is amended— 12 (1) in subsection (a)— 13 (A) by inserting ‘‘and enlisted members’’ 14 after ‘‘commissioned officers’’; 15 (B) by striking ‘‘bachelor of laws or’’; and 16 (C) by inserting ‘‘and enlisted members’’ 17 after ‘‘twenty-five officers’’; 18 (2) in subsection (b)— 19 (A) in the matter preceding paragraph (1), 20 by inserting ‘‘or enlisted member’’ after ‘‘offi- 21 cer’’; 22 (B) by striking paragraph (1) and insert- 23 ing the following new paragraph (1): 24 ‘‘(1) either— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 251 •S 1790 RS ‘‘(A) have served on active duty for a pe- 1 riod of not less than two years nor more than 2 six years and be an officer in the pay grade O– 3 3 or below as of the time the training is to 4 begin; or 5 ‘‘(B) have served on active duty for a pe- 6 riod of not less than four years nor more than 7 eight years and be an enlisted member in the 8 pay grade E–5, E–6, or E–7 as of the time the 9 training is to begin;’’; 10 (C) by redesignating paragraph (2) as 11 paragraph (3); 12 (D) by inserting after paragraph (1), as 13 amended by subparagraph (B), the following 14 new paragraph (2): 15 ‘‘(2) in the case of an enlisted member, meet all 16 requirements for acceptance of a commission as a 17 commissioned officer in the armed forces; and’’; and 18 (E) in subparagraph (B) of paragraph (3), 19 as redesignated by subparagraph (C) of this 20 paragraph, by striking ‘‘or law specialist’’; 21 (3) in subsection (c)— 22 (A) in the first sentence, by inserting ‘‘and 23 enlisted members’’ after ‘‘Officers’’; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 252 •S 1790 RS (B) in the second sentence, by inserting 1 ‘‘or enlisted member’’ after ‘‘officer’’ each place 2 it appears; 3 (4) in subsection (d), by inserting ‘‘and enlist- 4 ment members’’ after ‘‘officers’’; 5 (5) in subsection (e), by inserting ‘‘or enlist- 6 ment member’’ after ‘‘officer’’; and 7 (6) in subsection (f), by inserting ‘‘or enlisted 8 member’’ after ‘‘officer’’. 9 (b) CONFORMING AND CLERICAL AMENDMENTS.— 10 (1) HEADING AMENDMENT.—The heading of 11 such section is amended to read as follows: 12 ‘‘§ 2004. Detail as students at law schools; commis- 13 sioned officers; certain enlisted mem- 14 bers’’. 15 (2) CLERICAL AMENDMENT.—The table of sec- 16 tions at the beginning of chapter 101 of such title 17 is amended by striking the item relating to section 18 2004 and inserting the following new item: 19 ‘‘2004. Detail as students at law schools; commissioned officers; certain enlisted members.’’. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00252 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 253 •S 1790 RS SEC. 568. CONNECTIONS OF MEMBERS RETIRING OR SEPA- 1 RATING FROM THE ARMED FORCES WITH 2 COMMUNITY-BASED ORGANIZATIONS AND 3 RELATED ENTITIES. 4 (a) IN GENERAL.—The Secretary of Defense and the 5 Secretary of Veterans Affairs shall jointly seek to enter 6 into memoranda of understanding (MOUs) or other agree- 7 ments with State veterans agencies under which informa- 8 tion from Department of Defense Form DD–2648 on indi- 9 viduals undergoing retirement, discharge, or release from 10 the Armed Forces is transmitted to one or more State vet- 11 erans agencies, as elected by such individuals, to provide 12 or connect veterans to benefits or services as follows: 13 (1) Assistance in preparation of resumes. 14 (2) Training for employment interviews. 15 (3) Employment recruitment training. 16 (4) Other services leading directly to a success- 17 ful transition from military life to civilian life. 18 (5) Healthcare, including care for mental 19 health. 20 (6) Transportation or transportation-related 21 services. 22 (7) Housing. 23 (8) Such other benefits or services as the Secre- 24 taries jointly consider appropriate for purposes of 25 this section. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 254 •S 1790 RS (b) INFORMATION TRANSMITTED.—The information 1 transmitted on individuals as described in subsection (a) 2 shall be such information on Form DD–2648 as the Secre- 3 taries jointly consider appropriate to facilitate community- 4 based organizations and related entities in providing or 5 connecting such individuals to benefits and services as de- 6 scribed in subsection (a). 7 (c) MODIFICATION OF FORM DD–2648.—The Sec- 8 retary of Defense shall make such modifications to Form 9 DD–2648 as the Secretary considers appropriate to allow 10 an individual filling out the form to indicate an email ad- 11 dress at which the individual may be contacted to receive 12 or be connected to benefits or services described in sub- 13 section (a). 14 (d) VOLUNTARY PARTICIPATION.—Information on an 15 individual may be transmitted to and through a State vet- 16 erans agency as described in subsection (a) only with the 17 consent of the individual. In giving such consent, an indi- 18 vidual shall specify the following: 19 (1) The State veterans agency or agencies elect- 20 ed by the individual to transmit such information as 21 described in subsection (a). 22 (2) The benefits and services for which contact 23 information shall be so transmitted. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00254 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 255 •S 1790 RS (3) Such other information on the individual as 1 the individual considers appropriate in connection 2 with the transmittal. 3 Subtitle F—Defense Dependents’ 4 Education and Military Family 5 Readiness Matters 6 PART I—DEFENSE DEPENDENTS’ EDUCATION 7 MATTERS 8 SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 9 EDUCATIONAL AGENCIES THAT BENEFIT DE- 10 PENDENTS OF MEMBERS OF THE ARMED 11 FORCES AND DEPARTMENT OF DEFENSE CI- 12 VILIAN EMPLOYEES. 13 (a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 14 NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 15 amount authorized to be appropriated for fiscal year 2020 16 by section 301 and available for operation and mainte- 17 nance for Defense-wide activities as specified in the fund- 18 ing table in section 4301, $40,000,000 shall be available 19 only for the purpose of providing assistance to local edu- 20 cational agencies under subsection (a) of section 572 of 21 the National Defense Authorization Act for Fiscal Year 22 2006 (Public Law 109–163; 20 U.S.C. 7703b). 23 (b) LOCAL EDUCATIONAL AGENCY DEFINED.—In 24 this section, the term ‘‘local educational agency’’ has the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 256 •S 1790 RS meaning given that term in section 7013(9) of the Ele- 1 mentary and Secondary Education Act of 1965 (20 U.S.C. 2 7713(9)). 3 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS- 4 ABILITIES. 5 (a) IN GENERAL.—Of the amount authorized to be 6 appropriated for fiscal year 2020 pursuant to section 301 7 and available for operation and maintenance for Defense- 8 wide activities as specified in the funding table in section 9 4301, $10,000,000 shall be available for payments under 10 section 363 of the Floyd D. Spence National Defense Au- 11 thorization Act for Fiscal Year 2001 (as enacted into law 12 by Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 13 7703a). 14 (b) USE OF CERTAIN AMOUNT.—Of the amount 15 available under subsection (a) for payments as described 16 in that subsection, $5,000,000 shall be available for such 17 payments to local educational agencies determined by the 18 Secretary of Defense, in the discretion of the Secretary, 19 to have higher concentrations of military children with se- 20 vere disabilities. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00256 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 257 •S 1790 RS SEC. 573. RI’KATAK GUEST STUDENT PROGRAM AT UNITED 1 STATES ARMY GARRISONØKWAJALEIN 2 ATOLL. 3 (a) PROGRAM AUTHORIZED.—The Secretary of the 4 Army may conduct an assistance program to educate up 5 to five local national students per grade, per academic 6 year, on a space-available basis at the contractor-operated 7 schools on United States Army GarrisonƒKwajalein Atoll. 8 The program shall be known as the ‘‘Ri’katak Guest Stu- 9 dent Program’’. 10 (b) STUDENT ASSISTANCE.—Assistance that may be 11 provided to students participating in the program carried 12 out pursuant to subsection (a) includes the following: 13 (1) Classroom instruction. 14 (2) Extracurricular activities. 15 (3) Student meals. 16 (4) Transportation. 17 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 258 •S 1790 RS PART II—MILITARY FAMILY READINESS 1 MATTERS 2 SEC. 576. TWO-YEAR EXTENSION OF AUTHORITY FOR REIM- 3 BURSEMENT FOR STATE LICENSURE AND 4 CERTIFICATION COSTS OF SPOUSES OF MEM- 5 BERS OF THE ARMED FORCES ARISING FROM 6 RELOCATION TO ANOTHER STATE. 7 Section 476(p)(4) of title 37, United States Code, is 8 amended by striking ‘‘December 31, 2022’’ and inserting 9 ‘‘December 31, 2024’’. 10 SEC. 577. IMPROVEMENT OF OCCUPATIONAL LICENSE 11 PORTABILITY FOR MILITARY SPOUSES 12 THROUGH INTERSTATE COMPACTS. 13 Section 1784 of title 10, United States Code, is 14 amended by adding at the end the following new sub- 15 section: 16 ‘‘(h) IMPROVEMENT OF OCCUPATIONAL LICENSE 17 PORTABILITY THROUGH INTERSTATE COMPACTS.— 18 ‘‘(1) IN GENERAL.—The Secretary of Defense 19 shall seek to enter into a cooperative agreement with 20 the Council of State Governments to assist with 21 funding of the development of interstate compacts 22 on licensed occupations in order to alleviate the bur- 23 den associated with relicensing in such an occupa- 24 tion by spouse of a member of the armed forces in 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00258 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 259 •S 1790 RS connection with a permanent change of duty station 1 of members to another State. 2 ‘‘(2) LIMITATION ON ASSISTANCE PER COM- 3 PACT.—The amount provided under paragraph (1) 4 as assistance for the development of any particular 5 interstate compact may not exceed $1,000,000. 6 ‘‘(3) LIMITATION ON TOTAL AMOUNT OF AS- 7 SISTANCE.—The total amount of assistance provided 8 under paragraph (1) in any fiscal year may not ex- 9 ceed $4,000,000. 10 ‘‘(4) ANNUAL REPORT.—Not later than Feb- 11 ruary 28 each year, the Secretary shall submit to 12 the Committees on Armed Services of the Senate 13 and the House of Representatives a report on inter- 14 state compacts described in paragraph (1) developed 15 through assistance provided under that paragraph. 16 Each report shall set forth the following: 17 ‘‘(A) Any interstate compact developed 18 during the preceding calendar year, including 19 the occupational licenses covered by such com- 20 pact and the States agreeing to enter into such 21 compact. 22 ‘‘(B) Any interstate compact developed 23 during a prior calendar year into which one or 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 260 •S 1790 RS more additional States agreed to enter during 1 the preceding calendar year. 2 ‘‘(5) EXPIRATION.—The authority to enter into 3 a cooperative agreement under paragraph (1), and 4 to provide assistance described in that paragraph 5 pursuant to such cooperative agreement, shall expire 6 on September 30, 2024.’’. 7 SEC. 578. MODIFICATION OF RESPONSIBILITY OF THE OF- 8 FICE OF SPECIAL NEEDS FOR INDIVIDUAL- 9 IZED SERVICE PLANS FOR MEMBERS OF MILI- 10 TARY FAMILIES WITH SPECIAL NEEDS. 11 Subparagraph (F) of section 1781c(d)(4) of title 10, 12 United States Code, is amended to read as follows: 13 ‘‘(F) Requirements regarding the development 14 of an individualized services plan for each military 15 family member with special needs when requested in 16 connection with the completion of a family needs as- 17 sessment for the military family concerned.’’. 18 SEC. 579. CLARIFYING TECHNICAL AMENDMENT ON DI- 19 RECT HIRE AUTHORITY FOR THE DEPART- 20 MENT OF DEFENSE FOR CHILDCARE SERV- 21 ICES PROVIDERS FOR DEPARTMENT CHILD 22 DEVELOPMENT CENTERS. 23 Section 559(e) of the National Defense Authorization 24 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00260 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 261 •S 1790 RS 1406; 10 U.S.C. 1792 note) is amended by inserting ‘‘(in- 1 cluding family childcare coordinator services and school 2 age childcare coordinator services)’’ after ‘‘childcare serv- 3 ices’’. 4 SEC. 580. PILOT PROGRAM ON INFORMATION SHARING BE- 5 TWEEN DEPARTMENT OF DEFENSE AND DES- 6 IGNATED RELATIVES AND FRIENDS OF MEM- 7 BERS OF THE ARMED FORCES REGARDING 8 THE EXPERIENCES AND CHALLENGES OF 9 MILITARY SERVICE. 10 (a) PILOT PROGRAM REQUIRED.— 11 (1) IN GENERAL.—Not later than one year 12 after the date of the enactment of this Act, the Sec- 13 retary of Defense shall seek to enter into an agree- 14 ment with the American Red Cross to carry out a 15 pilot program under which the American Red 16 Cross— 17 (A) encourages a member of the Armed 18 Forces, upon the enlistment or appointment of 19 such member, to designate up to 10 persons to 20 whom information regarding the military serv- 21 ice of such member shall be disseminated using 22 contact information obtained under paragraph 23 (6); and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 262 •S 1790 RS (B) provides such persons, within 30 days 1 after the date on which such persons are des- 2 ignated under subparagraph (A), the option to 3 elect to receive such information regarding mili- 4 tary service. 5 (2) DISSEMINATION.—The Secretary shall dis- 6 seminate information described in paragraph (1)(A) 7 under the pilot program on a regular basis. 8 (3) TYPES OF INFORMATION.—The types of in- 9 formation to be disseminated under the pilot pro- 10 gram to persons who elect to receive such informa- 11 tion shall include information regarding— 12 (A) aspects of daily life and routine experi- 13 enced by members of the Armed Forces; 14 (B) the challenges and stresses of military 15 service, particularly during and after deploy- 16 ment as part of a contingency operation; 17 (C) the services available to members of 18 the Armed Forces and the dependents of such 19 members to cope with the experiences and chal- 20 lenges of military service; 21 (D) benefits administered by the Depart- 22 ment of Defense for members of the Armed 23 Forces and the dependents of such members; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 263 •S 1790 RS (E) a toll-free telephone number through 1 which such persons who elect to receive infor- 2 mation under the pilot program may request in- 3 formation regarding the program; and 4 (F) such other information as the Sec- 5 retary determines to be appropriate. 6 (4) PRIVACY OF INFORMATION.—In carrying 7 out the pilot program, the Secretary may not dis- 8 seminate information under paragraph (3) in viola- 9 tion of laws and regulations pertaining to the pri- 10 vacy of members of the Armed Forces, including re- 11 quirements pursuant to— 12 (A) section 552a of title 5, United States 13 Code; and 14 (B) the Health Insurance Portability and 15 Accountability Act of 1996 (Public Law 104– 16 191). 17 (5) NOTICE AND MODIFICATIONS.—In carrying 18 out the pilot program, the Secretary shall, with re- 19 spect to a member of the Armed Forces— 20 (A) ensure that such member is notified of 21 the ability to modify designations made by such 22 member under paragraph (1)(B); and 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 264 •S 1790 RS (B) upon the request of a member, author- 1 ize such member to modify such designations at 2 any time. 3 (6) CONTACT INFORMATION.—In making a des- 4 ignation under the pilot program, a member of the 5 Armed Forces shall provide necessary contact infor- 6 mation, specifically including an email address, to 7 facilitate the dissemination of information regarding 8 the military service of the member. 9 (7) OPT-IN AND OPT-OUT OF PROGRAM.— 10 (A) OPT-IN BY MEMBERS.—A member may 11 participate in the pilot program only if the 12 member voluntarily elects to participate in the 13 program. A member seeking to make such an 14 election shall make such election in a manner, 15 and by including such information, as the Sec- 16 retary and the Red Cross shall jointly specify 17 for purposes of the pilot program. 18 (B) OPT-IN BY DESIGNATED RECIPI- 19 ENTS.—A person designated pursuant to para- 20 graph (1)(A) may receive information under the 21 pilot program only if the person makes the elec- 22 tion described in paragraph(1)(B). 23 (C) OPT-OUT.—In carrying out the pilot 24 program, the Secretary shall, with respect to a 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00264 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 265 •S 1790 RS person who has elected to receive information 1 under such pilot program, cease disseminating 2 such information to that person upon request of 3 such person. 4 (b) SURVEY AND REPORT ON PILOT PROGRAM.— 5 (1) SURVEY.—Not later than two years after 6 the date on which the pilot program commences, the 7 Secretary, in consultation with the American Red 8 Cross, shall administer a survey to persons who 9 elected to receive information under the pilot pro- 10 gram for the purpose of receiving feedback regarding 11 the quality of information disseminated under this 12 section, including whether such information appro- 13 priately reflects the military career progression of 14 members of the Armed Forces. 15 (2) REPORT.—Not later than three years after 16 the date on which the pilot program commences, the 17 Secretary shall submit to the congressional defense 18 committees a final report on the pilot program which 19 includes— 20 (A) the results of the survey administered 21 under paragraph (1); 22 (B) a determination as to whether the pilot 23 program should be made permanent; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00265 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 266 •S 1790 RS (C) recommendations as to modifications 1 necessary to improve the program if made per- 2 manent. 3 (c) TERMINATION OF PILOT PROGRAM.—The pilot 4 program shall terminate upon submission of the report re- 5 quired by subsection (b)(2). 6 SEC. 581. BRIEFING ON USE OF FAMILY ADVOCACY PRO- 7 GRAMS TO ADDRESS DOMESTIC VIOLENCE. 8 Not later than 180 days after the date of the enact- 9 ment of this Act, the Secretary of Defense shall provide 10 to the Committees on Armed Services of the Senate and 11 the House of Representatives a briefing on various mecha- 12 nisms by which the Family Advocacy Programs (FAPs) 13 of the military departments may be used and enhanced 14 in order to end domestic violence among members of the 15 Armed Forces and support survivors of such violence and 16 their dependents. 17 Subtitle G—Decorations and 18 Awards 19 SEC. 585. AUTHORIZATION FOR AWARD OF THE MEDAL OF 20 HONOR TO JOHN J. DUFFY FOR ACTS OF 21 VALOR IN VIETNAM. 22 (a) WAIVER OF TIME LIMITATIONS.—Notwith- 23 standing the time limitations specified in section 3744 of 24 title 10, United States Code, or any other time limitation 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 267 •S 1790 RS with respect to the awarding of certain medals to persons 1 who served in the Armed Forces, the President may award 2 the Medal of Honor under section 3741 of such title to 3 John J. Duffy for the acts of valor in Vietnam described 4 in subsection (b). 5 (b) ACTS OF VALOR DESCRIBED.—The acts of valor 6 referred to in subsection (a) are the actions of John J. 7 Duffy on April 14 and 15, 1972, in Vietnam for which 8 he was previously awarded the Distinguished-Service 9 Cross. 10 SEC. 586. STANDARDIZATION OF HONORABLE SERVICE RE- 11 QUIREMENT FOR AWARD OF MILITARY DECO- 12 RATIONS. 13 (a) HONORABLE SERVICE REQUIREMENT.— 14 (1) IN GENERAL.—Chapter 57 of title 10, 15 United States Code, is amended by adding at the 16 end the following new section 17 ‘‘§ 1136. Honorable service requirement for award of 18 military decorations 19 ‘‘No military decoration, including a medal, cross, or 20 bar, or an associated emblem or insignia, may be awarded 21 or presented to any person, or to a representative of the 22 person, if the service of the person after the person distin- 23 guished himself or herself has not been honorable.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00267 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 268 •S 1790 RS (2) CLERICAL AMENDMENT.—The table of sec- 1 tions at the beginning of chapter 57 of such title is 2 amended by adding at the end the following: 3 ‘‘1136. Honorable service requirement for award of military decorations.’’. (b) CONFORMING AMENDMENTS.—Title 10, United 4 States Code, is further amended as follows: 5 (1) In section 7274— 6 (A) in subsection (b) in the matter pre- 7 ceding paragraph (1), by striking ‘‘subsection 8 (d)’’ and inserting ‘‘subsection (c)’’; 9 (B) by striking subsection (c); and 10 (C) by redesignating subsection (d) as sub- 11 section (c). 12 (2)(A) Section 8299 is repealed. 13 (B) The table of sections at the beginning of 14 chapter 837 is amended by striking the item relating 15 to section 8299. 16 (3) In section 9274— 17 (A) in subsection (b) in the matter pre- 18 ceding paragraph (1), by striking ‘‘subsection 19 (d)’’ and inserting ‘‘subsection (c)’’; 20 (B) by striking subsection (c); and 21 (C) by redesignating subsection (d) as sub- 22 section (c). 23 (4) In section 9279, by striking subsection (c). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00268 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 269 •S 1790 RS SEC. 587. AUTHORITY TO AWARD OR PRESENT A DECORA- 1 TION NOT PREVIOUSLY RECOMMENDED IN A 2 TIMELY FASHION FOLLOWING A REVIEW RE- 3 QUESTED BY CONGRESS. 4 (a) AUTHORITY TO AWARD OR PRESENT.—Section 5 1130 of title 10, United States Code, is amended— 6 (1) by redesignating subsection (d) as sub- 7 section (e); and 8 (2) by inserting after subsection (c) the fol- 9 lowing new subsection (d): 10 ‘‘(d)(1) A decoration may be awarded or presented 11 following the submittal of a recommendation under sub- 12 section (b) approving the award or presentation. 13 ‘‘(2) The authority to make an award or presentation 14 under this subsection shall apply notwithstanding any lim- 15 itation described in subsection (a).’’. 16 (b) CONFORMING AND CLERICAL AMENDMENTS.— 17 (1) HEADING AMENDMENT.—The heading of 18 such section is amended to read as follows: 19 ‘‘§ 1130. Consideration of proposals for decorations 20 not previously submitted in timely fash- 21 ion: procedures for review and award or 22 presentation’’. 23 (2) CLERICAL AMENDMENT.—The table of sec- 24 tions at the beginning of chapter 57 of such title is 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 270 •S 1790 RS amended by striking the item relating to section 1 1130 and inserting the following new item: 2 ‘‘1130. Consideration of proposals for decorations not previously submitted in timely fashion: procedures for review and award or presen- tation.’’. SEC. 588. AUTHORITY TO MAKE POSTHUMOUS AND HON- 3 ORARY PROMOTIONS AND APPOINTMENTS 4 FOLLOWING A REVIEW REQUESTED BY CON- 5 GRESS. 6 (a) AUTHORITY TO MAKE.—Section 1563 of title 10, 7 United States Code, is amended— 8 (1) by redesignating subsection (c) as sub- 9 section (e); and 10 (2) by inserting after subsection (b) the fol- 11 lowing new subsections: 12 ‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations 13 prescribed by the Secretary of Defense, a posthumous or 14 honorary promotion or appointment may be made fol- 15 lowing the submittal of a determination under subsection 16 (b) if the determination is to approve the making of such 17 promotion of appointment. 18 ‘‘(2) The authority to make a promotion or appoint- 19 ment under this subsection shall apply notwithstanding 20 that such promotion or appointment is not otherwise au- 21 thorized by law. 22 ‘‘(d) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 23 promotion or appointment of individual pursuant to sub- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00270 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 271 •S 1790 RS section (c) shall not affect the retired pay or other benefits 1 from the United States to which the individual would have 2 been entitled based upon the individual’s military service, 3 if any, or affect any benefits to which any other person 4 may become entitled based on the individual’s military 5 service, if any.’’. 6 (b) CONFORMING AND CLERICAL AMENDMENTS.— 7 (1) HEADING AMENDMENT.—The heading of 8 such section is amended to read as follows: 9 ‘‘§ 1563. Consideration of proposals for posthumous 10 and honorary promotions and appoint- 11 ments: procedures for review and pro- 12 motion or appointment’’. 13 (2) CLERICAL AMENDMENT.—The table of sec- 14 tions at the beginning of chapter 80 of such title is 15 amended by striking the item relating to section 16 1563 and inserting the following new item: 17 ‘‘1563. Consideration of proposals for posthumous and honorary promotions and appointments: procedures for review and promotion or appoint- ment.’’. Subtitle H—Other Matters 18 SEC. 591. MILITARY FUNERAL HONORS MATTERS. 19 (a) FULL MILITARY HONORS CEREMONY FOR CER- 20 TAIN VETERANS.—Section 1491(b) of title 10, United 21 States Code, is amended by adding at the end the fol- 22 lowing: 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00271 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 272 •S 1790 RS ‘‘(3) The Secretary concerned shall provide full mili- 1 tary honors (as determined by the Secretary concerned) 2 for the funeral of a veteran who— 3 ‘‘(A) is first interred or first inurned in Arling- 4 ton National Cemetery on or after the date of the 5 enactment of the National Defense Authorization 6 Act for Fiscal Year 2020; 7 ‘‘(B) was awarded the medal of honor or the 8 prisoner-of-war medal; and 9 ‘‘(C) is not entitled to full military honors by 10 the grade of that veteran.’’. 11 (b) FULL MILITARY FUNERAL HONORS FOR VET- 12 ERANS AT MILITARY INSTALLATIONS.— 13 (1) INSTALLATION PLANS FOR HONORS RE- 14 QUIRED.—The commander of each military installa- 15 tion at or through which a funeral honors detail for 16 a veteran is provided pursuant to section 1491 of 17 title 10, United States Code (as amended by sub- 18 section (a)), shall maintain and carry out a plan for 19 the provision, upon request, of full military funeral 20 honors at funerals of veterans for whom a funeral 21 honors detail is authorized in that section. 22 (2) ELEMENTS.—Each plan of an installation 23 under paragraph (1) shall include the following: 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00272 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 273 •S 1790 RS (A) Mechanisms to ensure compliance with 1 the requirements applicable to the composition 2 of funeral honors details in section 1491(b) of 3 title 10, United States Code (as so amended). 4 (B) Mechanisms to ensure compliance with 5 the requirements for ceremonies for funerals in 6 section 1491(c) of such title. 7 (C) In addition to the ceremonies required 8 pursuant to subparagraph (B), the provision of 9 a gun salute for each funeral by appropriate 10 personnel, including personnel of the installa- 11 tion, members of the reserve components of the 12 Armed Forces residing in the vicinity of the in- 13 stallation who are ordered to funeral honors 14 duty, and members of veterans organizations or 15 other organizations referred to in section 16 1491(b)(2) of such title. 17 (D) Mechanisms for the provision of sup- 18 port authorized by section 1491(d) of such title. 19 (E) Such other mechanisms and activities 20 as the Secretary concerned considers appro- 21 priate in order to assure that full military fu- 22 neral honors are provided upon request at fu- 23 nerals of veterans. 24 (3) DEFINITIONS.—In this subsection: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00273 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 274 •S 1790 RS (A) The term ‘‘Secretary concerned’’ has 1 the meaning given that term in section 2 101(a)(9) of title 10, United States Code. 3 (B) The term ‘‘veteran’’ has the meaning 4 given that term in section 1491(h) of title 10, 5 United States Code. 6 SEC. 592. INCLUSION OF HOMESCHOOLED STUDENTS IN 7 JUNIOR RESERVE OFFICERS’ TRAINING 8 CORPS UNITS. 9 Section 2031 of title 10, United States Code, is 10 amended by adding at the end the following new sub- 11 section: 12 ‘‘(g)(1) Each public secondary educational institution 13 that maintains a unit under this section shall permit mem- 14 bership in the unit to homeschooled students residing in 15 the area served by the institution who are qualified for 16 membership in the unit (but for lack of enrollment in the 17 institution). 18 ‘‘(2) A student who is a member of a unit pursuant 19 to this subsection shall count toward the satisfaction by 20 the institution concerned of the requirement in subsection 21 (b)(1) relating to the minimum number of student mem- 22 bers in the unit necessary for the continuing maintenance 23 of the unit.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 275 •S 1790 RS SEC. 593. SENSE OF SENATE ON THE JUNIOR RESERVE OF- 1 FICERS’ TRAINING CORPS. 2 It is the sense of the Senate that— 3 (1) the Junior Reserve Officers’ Training Corps 4 (JROTC) is a valuable program that instill the val- 5 ues of citizenship, service to the community, per- 6 sonal responsibility and a sense of accomplishment 7 in high school students; 8 (2) the Junior Reserve Officers’ Training Corps 9 is supported by all the Armed Forces, and there are 10 Junior Reserve Officers’ Training Corps units in all 11 50 States, 4 United States territories, and the Dis- 12 trict of Columbia; 13 (3) the Junior Reserve Officers’ Training Corps 14 consistently improves student outcomes across a 15 wide variety of academic and nonacademic data 16 points, including grade point average, high school 17 graduation and college acceptance rates, standard- 18 ized test scores, drop-out rates, discipline problems, 19 and leadership skills; 20 (4) the Department of Defense should view the 21 Junior Reserve Officers’ Training Corps as a unique 22 program to help close the divide between the military 23 and the greater civilian community in the United 24 States; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00275 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 276 •S 1790 RS (5) given the increased funding and more flexi- 1 ble policy authorized in the John S. McCain Na- 2 tional Defense Authorization Act for Fiscal Year 3 2019 (Public Law 115–232), the Department should 4 take every possible action to increase the number of 5 Junior Reserve Officers’ Training Corps units at 6 schools around the United States; and 7 (6) the desired number of Junior Reserve Offi- 8 cers’ Training Corps units should be at least 3,700 9 in order to relieve a significant backlog in requests 10 to establish such units. 11 TITLE VI—COMPENSATION AND 12 OTHER PERSONNEL BENEFITS 13 Subtitle A—Pay and Allowances 14 SEC. 601. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL 15 TRANSITIONAL COMPENSATION FOR DE- 16 PENDENTS TO DEPENDENTS OF CURRENT 17 MEMBERS. 18 Section 1059(m) of title 10, United States Code, is 19 amended— 20 (1) in the subsection heading, by inserting 21 ‘‘MEMBERS OR’’ after ‘‘DEPENDENTS OF’’; 22 (2) by inserting ‘‘member or’’ before ‘‘former 23 member’’ each place it appears; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 277 •S 1790 RS (3) by redesignating paragraph (3) as para- 1 graph (4); and 2 (4) by inserting after paragraph (2) the fol- 3 lowing new paragraph (3): 4 ‘‘(3) For purposes of the provision of benefits under 5 this section pursuant to this subsection, a member shall 6 be considered separated from active duty upon the earliest 7 of— 8 ‘‘(A) the date an administrative separation is 9 initiated by a commander of the member; 10 ‘‘(B) the date the court-martial sentence is ad- 11 judged if the sentence, as adjudged, includes a dis- 12 missal, dishonorable discharge, bad conduct dis- 13 charge, or forfeiture of all pay and allowances; or 14 ‘‘(C) the date the member’s term of service ex- 15 pires.’’. 16 Subtitle B—Bonuses and Special 17 and Incentive Pays 18 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 19 BONUS AND SPECIAL PAY AUTHORITIES. 20 (a) AUTHORITIES RELATING TO RESERVE 21 FORCES.—Section 910(g) of title 37, United States Code, 22 relating to income replacement payments for reserve com- 23 ponent members experiencing extended and frequent mo- 24 bilization for active duty service, is amended by striking 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 278 •S 1790 RS ‘‘December 31, 2019’’ and inserting ‘‘December 31, 1 2020’’. 2 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH 3 CARE PROFESSIONALS.—The following sections of title 4 10, United States Code, are amended by striking ‘‘Decem- 5 ber 31, 2019’’ and inserting ‘‘December 31, 2020’’: 6 (1) Section 2130a(a)(1), relating to nurse offi- 7 cer candidate accession program. 8 (2) Section 16302(d), relating to repayment of 9 education loans for certain health professionals who 10 serve in the Selected Reserve. 11 (c) AUTHORITIES RELATING TO NUCLEAR OFFI- 12 CERS.—Section 333(i) of title 37, United States Code, is 13 amended by striking ‘‘December 31, 2019’’ and inserting 14 ‘‘December 31, 2020’’. 15 (d) AUTHORITIES RELATING TO TITLE 37 CONSOLI- 16 DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU- 17 THORITIES.—The following sections of title 37, United 18 States Code, are amended by striking ‘‘December 31, 19 2019’’ and inserting ‘‘December 31, 2020’’: 20 (1) Section 331(h), relating to general bonus 21 authority for enlisted members. 22 (2) Section 332(g), relating to general bonus 23 authority for officers. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00278 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 279 •S 1790 RS (3) Section 334(i), relating to special aviation 1 incentive pay and bonus authorities for officers. 2 (4) Section 335(k), relating to special bonus 3 and incentive pay authorities for officers in health 4 professions. 5 (5) Section 336(g), relating to contracting 6 bonus for cadets and midshipmen enrolled in the 7 Senior Reserve Officers’ Training Corps. 8 (6) Section 351(h), relating to hazardous duty 9 pay. 10 (7) Section 352(g), relating to assignment pay 11 or special duty pay. 12 (8) Section 353(i), relating to skill incentive 13 pay or proficiency bonus. 14 (9) Section 355(h), relating to retention incen- 15 tives for members qualified in critical military skills 16 or assigned to high priority units. 17 (e) AUTHORITY TO PROVIDE TEMPORARY INCREASE 18 IN RATES OF BASIC ALLOWANCE FOR HOUSING.—Section 19 403(b)(7)(E) of title 37, United States Code, is amended 20 by striking ‘‘December 31, 2019’’ and inserting ‘‘Decem- 21 ber 31, 2020’’. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 280 •S 1790 RS Subtitle C—Travel and 1 Transportation Allowances 2 SEC. 621. EXTENSION OF PILOT PROGRAM ON A GOVERN- 3 MENT LODGING PROGRAM. 4 Section 914(b) of the Carl Levin and Howard P. 5 ‘‘Buck’’ McKeon National Defense Authorization Act for 6 Fiscal Year 2015 (5 U.S.C. 5911 note) is amended by 7 striking ‘‘December 31, 2019’’ and inserting ‘‘December 8 31, 2020’’. 9 SEC. 622. REINVESTMENT OF TRAVEL REFUNDS BY THE DE- 10 PARTMENT OF DEFENSE. 11 (a) REFUNDS FOR OFFICIAL TRAVEL.—Subchapter 12 I of chapter 8 of title 37, United States Code, is amended 13 by adding at the end the following new section: 14 ‘‘§ 456. Managed travel program refunds 15 ‘‘(a) CREDIT OF REFUNDS.—The Secretary of De- 16 fense may credit refunds attributable to Department of 17 Defense managed travel programs as a direct result of of- 18 ficial travel to such operation and maintenance or re- 19 search, development, test, and evaluation accounts of the 20 Department as designated by the Secretary that are avail- 21 able for obligation for the fiscal year in which the refund 22 or amount is collected. 23 ‘‘(b) USE OF REFUNDS.—Refunds credited under 24 subsection (a) may only be used for official travel or oper- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00280 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 281 •S 1790 RS ations and efficiency improvements for improved financial 1 management of official travel. 2 ‘‘(c) DEFINITIONS.—In this section: 3 ‘‘(1) MANAGED TRAVEL PROGRAM.—The term 4 ‘managed travel program’ includes air, rental car, 5 train, bus, dining, lodging, and travel management, 6 but does not include rebates or refunds attributable 7 to the use of the Government travel card, the Gov- 8 ernment Purchase Card, or Government travel ar- 9 ranged by Government Contracted Travel Manage- 10 ment Centers. 11 ‘‘(2) REFUND.—The term ‘refund’ includes 12 miscellaneous receipts credited to the Department 13 identified as a refund, rebate, repayment, or other 14 similar amounts collected.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of chapter 8 of such title is amended by 17 inserting after the item relating to section 455 the fol- 18 lowing new item: 19 ‘‘456. Managed travel program refunds.’’. (c) CLARIFICATION ON RETENTION OF TRAVEL PRO- 20 MOTIONAL ITEMS.—Section 1116(a) of the National De- 21 fense Authorization Act for Fiscal Year 2002 (Public Law 22 107–107; 5 U.S.C. 5702 note) is amended— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00281 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 282 •S 1790 RS (1) by striking ‘‘DEFINITION.—In this section, 1 the term’’ and inserting the following: ‘‘DEFINI- 2 TIONS.—In this section: 3 ‘‘(1) The term’’; and 4 (2) by adding at the end the following new 5 paragraph: 6 ‘‘(2) The term ‘general public’ includes the 7 Federal Government or an agency.’’. 8 Subtitle D—Disability Pay, Retired 9 Pay, and Survivor Benefits 10 SEC. 631. CONTRIBUTIONS TO DEPARTMENT OF DEFENSE 11 MILITARY RETIREMENT FUND BASED ON PAY 12 COSTS PER ARMED FORCE RATHER THAN ON 13 ARMED FORCES-WIDE BASIS. 14 (a) DETERMINATION OF CONTRIBUTIONS GEN- 15 ERALLY.—Section 1465(c) of title 10, United States Code, 16 is amended— 17 (1) in paragraph (1)— 18 (A) in subparagraph (A), by striking ‘‘sin- 19 gle level percentage of basic pay for active duty 20 (other than the Coast Guard) and for full-time 21 National Guard duty’’ and inserting ‘‘percent- 22 age of basic pay for each armed force (other 23 than the Coast Guard) and for any full-time 24 National Guard duty’’; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00282 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 283 •S 1790 RS (B) in subparagraph (B)— 1 (i) by striking ‘‘single level’’; and 2 (ii) by striking ‘‘members of the Se- 3 lected Reserve of the armed forces (other 4 than the Coast Guard)’’ and inserting 5 ‘‘each armed force (other than the Coast 6 Guard) for members of the Selected Re- 7 serve’’; and 8 (C) in the flush matter following subpara- 9 graph (B), by striking ‘‘single level’’; and 10 (2) in paragraph (4)— 11 (A) by striking ‘‘a single level percentage 12 determined’’ both places it appears and insert- 13 ing ‘‘percentages’’; and 14 (B) in the flush matter following subpara- 15 graph (B), by striking ‘‘single level’’. 16 (b) CONFORMING AMENDMENTS.— 17 (1) DETERMINATION OF CONTRIBUTIONS.— 18 Section 1465(b) of title 10, United States Code, is 19 amended— 20 (A) in paragraph (1)— 21 (i) in subparagraph (A)— 22 (I) in the matter preceding clause 23 (i), by striking ‘‘product’’ and insert- 24 ing ‘‘aggregate of the products’’; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00283 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 284 •S 1790 RS (II) in clause (i), by striking 1 ‘‘single level percentage of basic pay’’ 2 and inserting ‘‘percentage of basic pay 3 for each armed force (other than the 4 Coast Guard)’’; and 5 (III) in clause (ii), by striking 6 ‘‘for active duty (other than the Coast 7 Guard) and for full-time National 8 Guard duty’’ and inserting ‘‘for such 9 armed force for active duty and for 10 any full-time National Guard duty’’; 11 and 12 (ii) in subparagraph (B)— 13 (I) in the matter preceding clause 14 (i), by striking ‘‘product’’ and insert- 15 ing ‘‘aggregate of the products’’; 16 (II) in clause (i), by striking 17 ‘‘single level percentage of basic pay 18 and of compensation (paid pursuant 19 to section 206 of title 37)’’ and insert- 20 ing ‘‘percentage of basic pay and of 21 compensation (paid pursuant to sec- 22 tion 206 of title 37) for each armed 23 force (other than the Coast Guard)’’; 24 and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00284 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 285 •S 1790 RS (III) in clause (ii), by striking 1 ‘‘the armed forces (other than the 2 Coast Guard)’’ and inserting ‘‘such 3 armed force’’; and 4 (B) in paragraph (3), by striking ‘‘single 5 level’’. 6 (2) PAYMENTS OF CONTRIBUTIONS.—Section 7 1466(a) of such title is amended— 8 (A) in paragraph (1)— 9 (i) in the matter preceding subpara- 10 graph (A), by striking ‘‘product’’ and in- 11 serting ‘‘aggregate of the products’’; 12 (ii) in subparagraph (A), by striking 13 ‘‘level percentage of basic pay’’ and insert- 14 ing ‘‘percentage of basic pay for each 15 armed force (other than the Coast 16 Guard)’’; and 17 (iii) in subparagraph (B), by striking 18 ‘‘for active duty (other than for the Coast 19 Guard) and for full-time National Guard 20 duty’’ and inserting ‘‘for such armed force 21 for active duty and for any full-time Na- 22 tional Guard duty’’; and 23 (B) in paragraph (2)— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00285 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 286 •S 1790 RS (i) in the matter preceding subpara- 1 graph (A), by striking ‘‘product’’ and in- 2 serting ‘‘aggregate of the products’’; 3 (ii) in subparagraph (A), by striking 4 ‘‘level percentage of basic pay and of com- 5 pensation (paid pursuant to section 206 of 6 title 37)’’ and inserting ‘‘percentage of 7 basic pay and of compensation (paid pur- 8 suant to section 206 of title 37) for each 9 armed force (other than the Coast 10 Guard)’’; and 11 (iii) in subparagraph (B), by striking 12 ‘‘the armed forces (other than the Coast 13 Guard)’’ and inserting ‘‘such armed force’’. 14 (c) EFFECTIVE DATE.—The amendments made by 15 this section shall take effect on October 1, 2019, and shall 16 apply with respect to determinations of contributions to 17 the Department of Defense Military Retirement Fund, 18 and payments into the Fund, beginning with fiscal year 19 2021. 20 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00286 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 287 •S 1790 RS SEC. 632. MODIFICATION OF AUTHORITIES ON ELIGIBILITY 1 FOR AND REPLACEMENT OF GOLD STAR 2 LAPEL BUTTONS. 3 (a) EXPANSION OF AUTHORITY TO DETERMINE 4 NEXT OF KIN FOR ISSUANCE.—Section 1126 of title 10, 5 United States Code, is amended— 6 (1) in subsection (a), by striking ‘‘widows, par- 7 ents, and’’ in the matter preceding paragraph (1); 8 (2) in subsection (b), by striking ‘‘the widow 9 and to each parent and’’ and inserting ‘‘each’’; and 10 (3) in subsection (d)— 11 (A) by striking paragraphs (1), (2), (3), 12 and (4) and inserting the following new para- 13 graph (1): 14 ‘‘(1) The term ‘next of kin’ means individuals 15 standing in such relationship to members of the 16 armed forces described in subsection (a) as the Sec- 17 retaries concerned shall jointly specify in regulations 18 for purposes of this section.’’; and 19 (B) by redesignating paragraphs (5), (6), 20 (7), and (8) as paragraphs (2), (3), (4), and 21 (5), respectively. 22 (b) REPLACEMENT.—Subsection (c) of such section 23 is amended by striking ‘‘and payment’’ and all that follows 24 and inserting ‘‘and without cost.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00287 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 288 •S 1790 RS Subtitle E—Commissary and Non- 1 Appropriated Fund Instrumen- 2 tality Benefits and Operations 3 SEC. 641. DEFENSE RESALE SYSTEM MATTERS. 4 (a) IN GENERAL.—The Under Secretary of Defense 5 for Personnel and Readiness shall, in coordination with 6 the Chief Management Officer of the Department of De- 7 fense, maintain oversight of business transformation ef- 8 forts of the defense commissary system and the exchange 9 store system in order to ensure the following: 10 (1) Development of an intercomponent business 11 strategy that maximizes efficiencies and results in a 12 viable defense resale system in the future. 13 (2) Preservation of patron savings and satisfac- 14 tion from and in the defense commissary system and 15 exchange stores system. 16 (3) Sustainment of financial support of the de- 17 fense commissary and exchange systems for morale, 18 welfare, and recreation (MWR) services of the 19 Armed Forces. 20 (b) EXECUTIVE RESALE BOARD ADVICE ON OPER- 21 ATIONS OF SYSTEMS.—The Executive Resale Board of the 22 Department of Defense shall advise the Under Secretary 23 on the implementation of sustainable, complementary op- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00288 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 289 •S 1790 RS erations of the defense commissary system and the ex- 1 change stores system. 2 (c) PRACTICES AND SERVICES.— 3 (1) IN GENERAL.—The Secretary of Defense 4 shall, acting through the Under Secretary and with 5 advice from the Executive Resale Board, require the 6 Defense Commissary Agency and the Military Ex- 7 change Service to identify and implement practices 8 and services described in paragraph (2) across the 9 defense resale system. 10 (2) PRACTICES AND SERVICES.—Practices and 11 services described in this paragraph shall include the 12 following: 13 (A) Best commercial business practices. 14 (B) Shared-services systems that increase 15 efficiencies across the defense resale system, in- 16 cluding in transportation of goods, application- 17 based marketing initiatives and other mobile 18 electronic-commerce programs, facilities con- 19 struction, back-office information technology 20 systems, human resource management, legal 21 services, financial services, and advertising. 22 (C) Integration of services provided by the 23 exchange stores system within commissary sys- 24 tem facilities, as appropriate, including services 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 290 •S 1790 RS such as dry cleaning, health and wellness activi- 1 ties, pharmacies, urgent care centers, food, and 2 other retail services. 3 (d) INFORMATION TECHNOLOGY MODERNIZATION.— 4 The Secretary shall, acting through the Under Secretary 5 and with advice from the Executive Resale Board, require 6 the Defense Commissary Agency and the Military Ex- 7 change Service to do as follows: 8 (1) Field new technologies and best business 9 practices for information technology for the defense 10 resale system. 11 (2) Implement cutting-edge marketing opportu- 12 nities across the defense resale system. 13 (e) INCLUSION OF ADVERTISING IN OPERATING EX- 14 PENSES OF COMMISSARY STORES.—Section 2483(b) of 15 title 10, United States Code, is amended by adding at the 16 end the following paragraph: 17 ‘‘(7) Advertising of commissary sales on mate- 18 rials available within commissary stores and at other 19 on-base locations.’’. 20 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00290 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 291 •S 1790 RS SEC. 642. TREATMENT OF FEES ON SERVICES PROVIDED AS 1 SUPPLEMENTAL FUNDS FOR COMMISSARY 2 OPERATIONS. 3 Section 2483(c) of title 10, United States Code, is 4 amended by inserting ‘‘fees on services provided,’’ after 5 ‘‘handling fees for tobacco products,’’. 6 SEC. 643. PROCUREMENT BY COMMISSARY STORES OF CER- 7 TAIN LOCALLY SOURCED PRODUCTS. 8 The Secretary of Defense shall ensure that the dairy 9 products and fruits and vegetables procured for com- 10 missary stores under the defense commissary system are, 11 to the extent practicable, locally sourced in order to ensure 12 the availability of the freshest possible dairy products and 13 fruits and vegetables for patrons of the stores. 14 TITLE VII—HEALTH CARE 15 PROVISIONS 16 Subtitle A—TRICARE and Other 17 Health Care Benefits 18 SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE 19 TRICARE PROGRAM. 20 (a) IN GENERAL.—Section 1074d(b)(3) of title 10, 21 United States Code, is amended by inserting before the 22 period at the end the following: ‘‘(including all methods 23 of contraception approved by the Food and Drug Adminis- 24 tration, contraceptive care (including with respect to inser- 25 tion, removal, and follow up), sterilization procedures, and 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00291 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 292 •S 1790 RS patient education and counseling in connection there- 1 with)’’. 2 (b) PROHIBITION ON COST-SHARING FOR CERTAIN 3 SERVICES.— 4 (1) TRICARE SELECT.—Section 1075(c) of 5 such title is amended by adding at the end the fol- 6 lowing new paragraph: 7 ‘‘(4) For all beneficiaries under this section, 8 there is no cost-sharing for any method of contra- 9 ception provided by a network provider.’’. 10 (2) TRICARE PRIME.—Section 1075a(b) of 11 such title is amended by adding at the end the fol- 12 lowing new paragraph: 13 ‘‘(5) For all beneficiaries under this section, there is 14 no cost-sharing for any method of contraception provided 15 under TRICARE Prime.’’. 16 (3) PHARMACY BENEFITS PROGRAM.—Section 17 1074g(a)(6) of such title is amended by adding at 18 the end the following new subparagraph: 19 ‘‘(D) Notwithstanding subparagraphs (A), (B), and 20 (C), there is no cost-sharing for any prescription contra- 21 ceptive on the uniform formulary provided by a retail 22 pharmacy described in subsection (a)(2)(E)(ii) or the na- 23 tional mail-order pharmacy program.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00292 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 293 •S 1790 RS (c) EFFECTIVE DATE.—The amendments made by 1 this section shall take effect on January 1, 2020. 2 SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND 3 THEIR DEPENDENTS. 4 (a) IN GENERAL.—Section 1099 of title 10, United 5 States Code, is amended— 6 (1) by redesignating subsection (d) as sub- 7 section (e); and 8 (2) by inserting after subsection (c) the fol- 9 lowing new subsection (d): 10 ‘‘(d) PAYMENT OPTIONS.—(1) A member or former 11 member of the uniformed services, or a dependent thereof, 12 eligible for medical care and dental care under section 13 1074(b) or 1076 of this title shall pay a premium for cov- 14 erage under this chapter. 15 ‘‘(2) To the maximum extent practicable, a premium 16 owed by a member, former member, or dependent under 17 paragraph (1) shall be withheld from the retired, retainer, 18 or equivalent pay of the member, former member, or de- 19 pendent. In all other cases, a premium shall be paid in 20 a frequency and method determined by the Secretary.’’. 21 (b) CONFORMING AND CLERICAL AMENDMENTS.— 22 (1) CONFORMING AMENDMENTS.—Section 23 1097a of title 10, United States Code, is amended— 24 (A) by striking subsection (c); and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 294 •S 1790 RS (B) by redesignating subsections (d), (e), 1 and (f) as subsections (c), (d), and (e), respec- 2 tively. 3 (2) HEADING AMENDMENTS.— 4 (A) AUTOMATIC ENROLLMENTS.—The 5 heading for section 1097a of such title is 6 amended to read as follows: 7 ‘‘§ 1097a. TRICARE Prime: automatic enrollments’’. 8 (B) ENROLLMENT SYSTEM AND PAYMENT 9 OPTIONS.—The heading for section 1099 of 10 such title is amended to read as follows: 11 ‘‘§ 1099. Health care enrollment system and payment 12 options’’. 13 (3) CLERICAL AMENDMENTS.—The table of sec- 14 tions at the beginning of chapter 55 of such title is 15 amended— 16 (A) by striking the item relating to section 17 1097a and inserting the following new item: 18 ‘‘1097a. TRICARE Prime: automatic enrollments.’’; and (B) by striking the item relating to section 19 1099 and inserting the following new item: 20 ‘‘1099. Health care enrollment system and payment options.’’. (c) EFFECTIVE DATE.—The amendments made by 21 this section shall apply to health care coverage beginning 22 on or after January 1, 2021. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00294 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 295 •S 1790 RS SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHIL- 1 DREN. 2 (a) COMPREHENSIVE SCREENING, TESTING, AND RE- 3 PORTING GUIDELINES.— 4 (1) IN GENERAL.—The Secretary of Defense 5 shall establish clinical practice guidelines for health 6 care providers employed by the Department of De- 7 fense on screening, testing and reporting of blood 8 lead levels in children. 9 (2) USE OF CDC RECOMMENDATIONS.—Guide- 10 lines established under paragraph (1) shall reflect 11 recommendations made by the Centers for Disease 12 Control and Prevention with respect to the screen- 13 ing, testing, and reporting of blood lead levels in 14 children. 15 (3) DISSEMINATION OF GUIDELINES.—Not 16 later than one year after the date of the enactment 17 of this Act, the Secretary shall disseminate the clin- 18 ical practice guidelines established under paragraph 19 (1) to health care providers of the Department of 20 Defense. 21 (b) CARE PROVIDED IN ACCORDANCE WITH CDC 22 GUIDANCE.—The Secretary shall ensure that any care 23 provided by the Department of Defense to a child for lead 24 poisoning shall be carried out in accordance with applica- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00295 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 296 •S 1790 RS ble guidance issued by the Centers for Disease Control and 1 Prevention. 2 (c) SHARING OF RESULTS OF TESTING.— 3 (1) IN GENERAL.—With respect to a child who 4 receives from the Department of Defense a test for 5 lead poisoning— 6 (A) the Secretary shall provide the results 7 of the test to the parent or guardian of the 8 child; and 9 (B) notwithstanding any requirements for 10 the confidentiality of health information under 11 the Health Insurance Portability and Account- 12 ability Act of 1996 (Public Law 104–191), the 13 Secretary shall provide the results of the test 14 and the address at which the child resides to— 15 (i) the relevant health department of 16 the State in which the child resides if the 17 child resides in the United States; or 18 (ii) if the child resides outside the 19 United States— 20 (I) the Centers for Disease Con- 21 trol and Prevention; and 22 (II) the appropriate authority of 23 the country in which the child resides. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00296 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 297 •S 1790 RS (2) STATE DEFINED.—In this subsection, the 1 term ‘‘State’’ means each of the several States, the 2 District of Columbia, the Commonwealth of Puerto 3 Rico, and any territory or possession of the United 4 States. 5 (d) REPORT.— 6 (1) IN GENERAL.—Not later than January 1, 7 2021, the Secretary of Defense shall submit to the 8 congressional defense committees a report detailing, 9 with respect to the period beginning on the date of 10 the enactment of this Act and ending on the date of 11 the report, the following: 12 (A) The number of children who were test- 13 ed by the Department of Defense for the level 14 of lead in the blood of the child, and of such 15 number, the number who were found to have 16 elevated blood lead levels. 17 (B) The number of children who were 18 screened by the Department of Defense for an 19 elevated risk of lead exposure. 20 (C) The treatment provided to children 21 pursuant to chapter 55 of title 10, United 22 States Code, for lead poisoning. 23 (2) ELEVATED BLOOD LEAD LEVEL DE- 24 FINED.—In this paragraph, the term ‘‘elevated blood 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 298 •S 1790 RS lead level’’ has the meaning given that term by the 1 Centers for Disease Control and Prevention. 2 SEC. 704. PROVISION OF BLOOD TESTING FOR FIRE- 3 FIGHTERS OF DEPARTMENT OF DEFENSE TO 4 DETERMINE EXPOSURE TO 5 PERFLUOROALKYL AND POLYFLUOROALKYL 6 SUBSTANCES. 7 (a) IN GENERAL.—Beginning on October 1, 2020, 8 the Secretary of Defense shall provide blood testing to de- 9 termine and document potential exposure to perfluoroalkyl 10 and polyfluoroalkyl substances (commonly known as 11 ‘‘PFAS’’) for each firefighter of the Department of De- 12 fense during the annual physical exam conducted by the 13 Department for each such firefighter. 14 (b) FIREFIGHTER DEFINED.—In this section, the 15 term ‘‘firefighter’’ means someone whose primary job or 16 military occupational specialty is being a firefighter. 17 Subtitle B—Health Care 18 Administration 19 SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY 20 HEALTH SYSTEM. 21 (a) ADMINISTRATION OF MILITARY MEDICAL TREAT- 22 MENT FACILITIES.—Subsection (a) of section 1073c of 23 title 10, United States Code, is amended— 24 (1) in paragraph (1)— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00298 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 299 •S 1790 RS (A) by redesignating subparagraphs (A), 1 (B), (C), (D), (E), and (F) as subparagraphs 2 (C), (D), (E), (G), (H), and (I), respectively; 3 (B) by inserting before subparagraph (C), 4 as redesignated by subparagraph (A) of this 5 paragraph, the following new subparagraphs: 6 ‘‘(A) provision and delivery of health care 7 within each such facility; 8 ‘‘(B) management of privileging, scope of 9 practice, and quality of health care provided 10 within each such facility;’’; and 11 (C) inserting the following new subpara- 12 graph: 13 ‘‘(F) supply and equipment;’’; 14 (2) in paragraph (2)— 15 (A) by redesignating subparagraphs (D) 16 through (G) as subparagraphs (E) through (H), 17 respectively; 18 (B) by inserting after subparagraph (C) 19 the following new subparagraph (D): 20 ‘‘(D) to identify the capacity of each mili- 21 tary medical treatment facility to support clin- 22 ical readiness standards of health care providers 23 established by the Secretary of a military de- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 300 •S 1790 RS partment or the Assistant Secretary of Defense 1 for Health Affairs;’’ and 2 (C) by amending subparagraph (F), as re- 3 designated by subparagraph (A) of this para- 4 graph, to read as follows: 5 ‘‘(F) to determine, in coordination with 6 each Secretary of a military department, man- 7 ning, including joint manning, assigned to mili- 8 tary medical treatment facilities and inter- 9 mediary organizations;’’ and 10 (3) in paragraph (3)— 11 (A) in subparagraph (A)— 12 (i) by inserting ‘‘on behalf of the mili- 13 tary departments,’’ before ‘‘ensuring’’; and 14 (ii) by striking ‘‘and civilian employ- 15 ees’’; and 16 (B) in subparagraph (B), by inserting ‘‘on 17 behalf of the Defense Health Agency,’’ before 18 ‘‘furnishing’’. 19 (b) DHA ASSISTANT DIRECTOR.—Subsection (b)(2) 20 of such section is amended by striking ‘‘equivalent edu- 21 cation and experience’’ and all that follows and inserting 22 ‘‘the education and experience to perform the responsibil- 23 ities of the position.’’. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 301 •S 1790 RS (c) DHA DEPUTY ASSISTANT DIRECTORS.—Sub- 1 section (c) of such section is amended— 2 (1) in paragraph (2)(B), by striking ‘‘across the 3 military health system’’ and inserting ‘‘at military 4 medical treatment facilities’’; and 5 (2) in paragraph (4)(B), by inserting ‘‘at mili- 6 tary medical treatment facilities’’ before the period 7 at the end. 8 (d) MILITARY MEDICAL TREATMENT FACILITY.— 9 Subsection (f) of such section is amended by adding at 10 the end the following new paragraph: 11 ‘‘(3) The term ‘military medical treatment facil- 12 ity’ means— 13 ‘‘(A) any fixed facility of the Department 14 of Defense that is outside of a deployed envi- 15 ronment and used primarily for health care; 16 and 17 ‘‘(B) any other location used for purposes 18 of providing health care services as designated 19 by the Secretary of Defense.’’. 20 (e) TECHNICAL AMENDMENTS.—Subsection (a) of 21 such section is amended— 22 (1) in paragraph (1), by striking ‘‘paragraph 23 (4)’’ and inserting ‘‘paragraph (5)’’; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 302 •S 1790 RS (2) by redesignating paragraph (5) as para- 1 graph (6); 2 (3) by redesignating the first paragraph (4) as 3 paragraph (5); and 4 (4) by moving the second paragraph (4) so as 5 to appear before paragraph (5), as redesignated by 6 paragraph (3) of this subsection. 7 SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MED- 8 ICAL REQUIREMENTS OF COMBATANT COM- 9 MANDS. 10 (a) IN GENERAL.—Section 712 of the John S. 11 McCain National Defense Authorization Act for Fiscal 12 Year 2019 (Public Law 115–232) is amended— 13 (1) in subsection (a), by amending paragraph 14 (1) to read as follows: 15 ‘‘(1) IN GENERAL.—The Secretary of Defense 16 shall, acting through the Secretaries of the military 17 departments, the Defense Health Agency, and the 18 Joint Staff, implement an organizational framework 19 of the military health system that effectively imple- 20 ments chapter 55 of title 10, United States Code, to 21 maximize the readiness of the medical force, promote 22 interoperability, and integrate medical capabilities of 23 the Armed Forces in order to enhance joint military 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00302 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 303 •S 1790 RS medical operations in support of requirements of the 1 combatant commands.’’; 2 (2) in subsection (e), by redesignating para- 3 graphs (2) and (3) as paragraphs (3) and (4), re- 4 spectively, and by moving such paragraphs so as to 5 appear at the end of subsection (d); 6 (3) by striking subsection (e), as amended by 7 paragraph (2) of this subsection; 8 (4) by redesignating subsections (b) through (d) 9 as subsections (c) through (e), respectively; 10 (5) by inserting after subsection (a) the fol- 11 lowing new subsection (b): 12 ‘‘(b) ADDITIONAL DUTIES OF SURGEONS GENERAL 13 OF THE ARMED FORCES.—The Surgeons General of the 14 Armed Forces shall have the following duties: 15 ‘‘(1) To ensure the readiness for operational de- 16 ployment of medical and dental personnel and 17 deployable medical or dental teams or units of the 18 Armed Force or Armed Forces concerned. 19 ‘‘(2) To meet medical readiness standards, sub- 20 ject to standards and metrics established by the As- 21 sistant Secretary of Defense for Health Affairs. 22 ‘‘(3) With respect to uniformed medical and 23 dental personnel of the military department con- 24 cerned— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 304 •S 1790 RS ‘‘(A) to assign such personnel to military 1 medical treatment facilities, under the oper- 2 ational control of the commander or director of 3 the facility, or to partnerships with civilian or 4 other medical facilities for training activities 5 specific to such military department; and 6 ‘‘(B) to maintain readiness of such per- 7 sonnel for operational deployment. 8 ‘‘(4) To provide logistical support for oper- 9 ational deployment of medical and dental personnel 10 and deployable medical or dental teams or units of 11 the Armed Force or Armed Forces concerned. 12 ‘‘(5) To oversee mobilization and demobilization 13 in connection with the operational deployment of 14 medical and dental personnel of the Armed Force or 15 Armed Forces concerned. 16 ‘‘(6) To develop operational medical capabilities 17 required to support the warfighter, and to develop 18 policy relating to such capabilities. 19 ‘‘(7) To provide health professionals to serve in 20 leadership positions across the military healthcare 21 system. 22 ‘‘(8) To deliver operational clinical services 23 under the operational control of the combatant com- 24 mands— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 305 •S 1790 RS ‘‘(A) on ships and planes; and 1 ‘‘(B) on installations outside of military 2 medical treatment facilities. 3 ‘‘(9) To manage privileging, scope of practice, 4 and quality of health care in the settings described 5 in paragraph (8).’’; 6 (6) in subsection (c), as redesignated by para- 7 graph (4) of this subsection— 8 (A) in the subsection heading, by inserting 9 ‘‘AGENCY’’ before ‘‘REGIONS’’; and 10 (B) in paragraph (1)— 11 (i) in the paragraph heading, by in- 12 serting ‘‘AGENCY’’ before ‘‘REGIONS’’; and 13 (ii) by striking ‘‘defense health’’ and 14 inserting ‘‘Defense Health Agency’’; 15 (7) in subsection (d), as redesignated by para- 16 graph (4) of this subsection— 17 (A) in the subsection heading, by inserting 18 ‘‘AGENCY’’ before ‘‘REGIONS’’; 19 (B) in the matter preceding paragraph (1), 20 by striking ‘‘defense health’’ and inserting ‘‘De- 21 fense Health Agency’’; and 22 (C) in paragraph (3), by striking ‘‘sub- 23 section (b)’’ and inserting ‘‘subsection (c)’’; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00305 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 306 •S 1790 RS (8) in subsection (e), as redesignated by para- 1 graph (4) of this subsection— 2 (A) in paragraph (2)— 3 (i) by amending subparagraph (A) to 4 read as follows: 5 ‘‘(A) IN GENERAL.—The Secretaries of the 6 military departments shall coordinate with the 7 Chairman of the Joint Chiefs of Staff and the 8 Defense Health Agency to direct resources allo- 9 cated to the military departments to support re- 10 quirements related to readiness and operational 11 medicine support that are established by the 12 combatant commands and validated by the 13 Joint Staff.’’; and 14 (ii) in subparagraph (B), in the mat- 15 ter preceding clause (i), by striking ‘‘Based 16 on’’ and all that follows through ‘‘shall— 17 ’’ and inserting ‘‘The Director of the De- 18 fense Health Agency, in coordination with 19 the Assistant Secretary of Defense for 20 Health Affairs, shall—’’; 21 (B) in paragraph (3), as moved and redes- 22 ignated by paragraph (2) of this subsection, in 23 the second sentence— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00306 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 307 •S 1790 RS (i) by inserting ‘‘primarily’’ before 1 ‘‘through’’; and 2 (ii) by inserting‘‘, in coordination with 3 the Secretaries of the military depart- 4 ments,’’ after ‘‘the Defense Health Agen- 5 cy’’; and 6 (C) by adding at the end the following: 7 ‘‘(5) MANPOWER.— 8 ‘‘(A) ADMINISTRATIVE CONTROL OF MILI- 9 TARY PERSONNEL.—Each Secretary of a mili- 10 tary department shall exercise administrative 11 control of members of the Armed Forces as- 12 signed to military medical treatment facilities, 13 including personnel assignment and issuance of 14 military orders. 15 ‘‘(B) OVERSIGHT OF CERTAIN PERSONNEL 16 BY THE DIRECTOR OF THE DEFENSE HEALTH 17 AGENCY.—In situations in which members of 18 the Armed Forces provide health care services 19 at a military medical treatment facility, the Di- 20 rector of the Defense Health Agency shall 21 maintain oversight for the provision of care de- 22 livered by those individuals through policies, 23 procedures, and privileging responsibilities of 24 the military medical treatment facility.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00307 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 308 •S 1790 RS (b) CONFORMING AMENDMENTS.— 1 (1) HEADING AMENDMENT.—The heading for 2 section 712 of the John S. McCain National Defense 3 Authorization Act for Fiscal Year 2019 (Public Law 4 115–232) is amended to read as follows: 5 ‘‘SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM 6 OF MEDICAL REQUIREMENTS OF COMBAT- 7 ANT COMMANDS.’’. 8 (2) CLERICAL AMENDMENT.—The table of con- 9 tents for such Act is amended by striking the item 10 relating to section 712 and inserting the following 11 new item: 12 ‘‘Sec. 712. Support by military healthcare system of medical requirements of combatant commands.’’. SEC. 713. TOURS OF DUTY OF COMMANDERS OR DIREC- 13 TORS OF MILITARY TREATMENT FACILITIES. 14 (a) IN GENERAL.—Not later than January 1, 2021, 15 the Secretary of Defense shall establish a minimum length 16 for the tour of duty of an individual as a commander or 17 director of a military treatment facility. 18 (b) TOURS OF DUTY.— 19 (1) IN GENERAL.—Except as provided in para- 20 graph (2), the length of the tour of duty as a com- 21 mander or director of a military treatment facility of 22 any individual assigned to such position after Janu- 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00308 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 309 •S 1790 RS ary 1, 2021, may not be shorter than the longer 1 of— 2 (A) the length established pursuant to sub- 3 section (a); or 4 (B) four years. 5 (2) WAIVER.— 6 (A) IN GENERAL.—The Secretary of the 7 military department concerned, in coordination 8 with the Director of the Defense Health Agen- 9 cy, may authorize a tour of duty of an indi- 10 vidual as a commander or director of a military 11 treatment facility of a shorter length than is 12 otherwise provided for in paragraph (1) if the 13 Secretary determines, in the discretion of the 14 Secretary, that there is good cause for a tour 15 of duty in such position of shorter length. 16 (B) CASE-BY-CASE BASIS.—Any deter- 17 mination under subparagraph (A) shall be made 18 on a case-by-case basis. 19 SEC. 714. EXPANSION OF STRATEGY TO IMPROVE ACQUISI- 20 TION OF MANAGED CARE SUPPORT CON- 21 TRACTS UNDER TRICARE PROGRAM. 22 Section 705(c)(1) of the National Defense Authoriza- 23 tion Act for Fiscal Year 2017 (Public Law 114–328; 10 24 U.S.C. 1073a note) is amended, in the matter preceding 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00309 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 310 •S 1790 RS subparagraph (A), by striking ‘‘, other than overseas med- 1 ical support contracts’’. 2 SEC. 715. ESTABLISHMENT OF REGIONAL MEDICAL HUBS 3 TO SUPPORT COMBATANT COMMANDS. 4 (a) IN GENERAL.—The Secretary of Defense shall es- 5 tablish not more than four regional medical hubs, con- 6 sistent with the defense health regions established under 7 section 712 of the John S. McCain National Defense Au- 8 thorization Act for Fiscal Year 2019 (Public Law 115– 9 232), to support operational medical requirements of the 10 combatant commands. 11 (b) TIMING.—Establishment of regional medical hubs 12 under subsection (a) shall commence not later than Octo- 13 ber 1, 2020, and shall be completed not later than October 14 1, 2022. 15 (c) LEADERSHIP.—Each regional medical hub estab- 16 lished under subsection (a) shall be led by a commander 17 or director who is a member of the Armed Forces serving 18 in a grade not higher than major general or rear admiral 19 and who shall be— 20 (1) selected by the Director of the Defense 21 Health Agency from among members of the Armed 22 Forces recommended by the military departments 23 for service in such position; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00310 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 311 •S 1790 RS (2) under the authority, direction, and control 1 of the Director while serving in such position. 2 (d) DESIGNATION OF PRIMARY CENTER.— 3 (1) IN GENERAL.—Each regional medical hub 4 established under subsection (a) shall include a 5 major military medical center designated by the Sec- 6 retary to serve as the primary center for the provi- 7 sion of specialized medical services in that region. 8 (2) CAPABILITIES.—A major military medical 9 center may not be designated under paragraph (1) 10 unless the center— 11 (A) includes one or more large graduate 12 medical education training platforms; and 13 (B) provides, at a minimum, role 4 medical 14 care. 15 (3) LOCATION.— 16 (A) IN GENERAL.—Any major military 17 medical center designated under paragraph (1) 18 shall be geographically located so as to maxi- 19 mize the support provided by uniformed medical 20 resources to the combatant commands. 21 (B) COLLOCATION WITH MAJOR AERIAL 22 DEBARKATION POINTS.—In designating major 23 military medical centers under paragraph (1), 24 the Secretary shall give consideration to the col- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00311 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 312 •S 1790 RS location of such centers with major aerial de- 1 barkation points of patients in the medical 2 evacuation system of the United States Trans- 3 portation Command. 4 (4) MAJOR HEALTH CARE DELIVERY PLAT- 5 FORM.—A major military medical center designated 6 under paragraph (1) shall serve as the major health 7 care delivery platform for the provision of complex 8 specialized medical care in the region, whether 9 through patient referrals from other military medical 10 treatment facilities or through referrals from either 11 civilian medical facilities or healthcare facilities of 12 the Department of Veterans Affairs. 13 (e) ADDITIONAL MILITARY MEDICAL CENTERS.— 14 Consistent with section 1073d of title 10, United States 15 Code, the Secretary, in establishing regional medical hubs 16 under subsection (a), may establish additional military 17 medical centers in the following locations: 18 (1) Locations with large beneficiary popu- 19 lations. 20 (2) Locations that serve as the primary readi- 21 ness platforms of the Armed Forces. 22 (f) PATIENT REFERRALS AND COORDINATION.—In 23 implementing the regional medical hubs established under 24 subsection (a), the Director of the Defense Health Agency 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 313 •S 1790 RS shall ensure effective and efficient medical care referrals 1 and coordination among military medical treatment facili- 2 ties and among local or regional high-performing health 3 systems through local or regional partnerships with insti- 4 tutional or individual civilian providers. 5 SEC. 716. MONITORING OF ADVERSE EVENT DATA ON DIE- 6 TARY SUPPLEMENT USE BY MEMBERS OF 7 THE ARMED FORCES. 8 (a) IN GENERAL.—The Secretary of Defense shall 9 modify the electronic health record system of the military 10 health system to include data regarding the use by mem- 11 bers of the Armed Forces of dietary supplements and ad- 12 verse events with respect to dietary supplements. 13 (b) REQUIREMENTS.—The modifications required by 14 subsection (a) shall ensure that the electronic health 15 record system of the military health system— 16 (1) records adverse event report data regarding 17 dietary supplement use by members of the Armed 18 Forces; 19 (2) generates standard reports on adverse event 20 data that can be aggregated for analysis; 21 (3) issues automated alerts to signal a signifi- 22 cant change in adverse event reporting or to signal 23 a risk of interaction with a medication or other 24 treatment; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 314 •S 1790 RS (4) provides for reporting of adverse event re- 1 port data regarding dietary supplement use by mem- 2 bers of the Armed Forces to the Food and Drug Ad- 3 ministration. 4 (c) OUTREACH.—The Secretary shall conduct out- 5 reach to health care providers in the military health sys- 6 tem to educate such providers on the importance of enter- 7 ing adverse event report data regarding dietary supple- 8 ment use by members of the Armed Forces into the elec- 9 tronic health record system of the military health system 10 and reporting such data to the Food and Drug Adminis- 11 tration. 12 (d) DEFINITIONS.—In this section: 13 (1) ADVERSE EVENT.—The term ‘‘adverse 14 event’’ has the meaning given that term in section 15 761(a) of the Federal Food, Drug, and Cosmetic Act 16 (21 U.S.C. 379aa–1(a)). 17 (2) DIETARY SUPPLEMENT.—The term ‘‘dietary 18 supplement’’ has the meaning given that term in 19 section 201(ff) of the Federal Food, Drug, and Cos- 20 metic Act (21 U.S.C. 321(ff)). 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 315 •S 1790 RS SEC. 717. ENHANCEMENT OF RECORDKEEPING WITH RE- 1 SPECT TO EXPOSURE BY MEMBERS OF THE 2 ARMED FORCES TO CERTAIN OCCUPATIONAL 3 AND ENVIRONMENTAL HAZARDS WHILE DE- 4 PLOYED OVERSEAS. 5 (a) INCLUSION IN MEDICAL TRACKING SYSTEM OF 6 OCCUPATIONAL AND ENVIRONMENTAL HEALTH RISKS IN 7 DEPLOYMENT AREA.— 8 (1) ELEMENTS OF MEDICAL TRACKING SYS- 9 TEM.—Subsection (b)(1)(A) of section 1074f of title 10 10, United States Code, is amended— 11 (A) in clause (ii), by striking ‘‘and’’ at the 12 end; 13 (B) in clause (iii), by striking the period at 14 the end and inserting ‘‘; and’’; and 15 (C) by adding at the end the following new 16 clause: 17 ‘‘(iv) accurately record any exposure to oc- 18 cupational and environmental health risks dur- 19 ing the course of their deployment.’’. 20 (2) RECORDKEEPING.—Subsection (c) of such 21 section is amended by inserting after ‘‘deployment 22 area’’ the following: ‘‘(including the results of any 23 assessment performed by the Secretary of occupa- 24 tional and environmental health risks for such 25 area)’’. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00315 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 316 •S 1790 RS (b) POSTDEPLOYMENT MEDICAL EXAMINATION AND 1 REASSESSMENTS.—Section 1074f of title 10, United 2 States Code, as amended by subsection (a), is further 3 amended by adding at the end the following new sub- 4 section: 5 ‘‘(g) ADDITIONAL REQUIREMENTS FOR 6 POSTDEPLOYMENT MEDICAL EXAMINATIONS AND 7 HEALTH REASSESSMENTS.—(1) The Secretary of Defense 8 shall standardize and make available to a provider that 9 conducts a postdeployment medical examination or reas- 10 sessment under the system described in subsection (a) 11 questions relating to occupational and environmental 12 health exposure. 13 ‘‘(2) The Secretary, to the extent practicable, shall 14 ensure that the medical record of a member includes infor- 15 mation on the external cause relating to a diagnosis of 16 the member, including by associating an external cause 17 code (as issued under the International Statistical Classi- 18 fication of Diseases and Related Health Problems, 10th 19 Revision (or any successor revision)).’’. 20 (c) ACCESS TO INFORMATION IN BURN PIT REG- 21 ISTRY.— 22 (1) IN GENERAL.—The Secretary of Defense 23 shall ensure that all medical personnel of the De- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00316 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 317 •S 1790 RS partment of Defense have access to the information 1 contained in the burn pit registry. 2 (2) BURN PIT REGISTRY DEFINED.—In this 3 subsection, the term ‘‘burn pit registry’’ means the 4 registry established under section 201 of the Dig- 5 nified Burial and Other Veterans’ Benefits Improve- 6 ment Act of 2012 (Public Law 112–260; 38 U.S.C. 7 527 note). 8 Subtitle C—Reports and Other 9 Matters 10 SEC. 721. EXTENSION AND CLARIFICATION OF AUTHORITY 11 FOR JOINT DEPARTMENT OF DEFENSE-DE- 12 PARTMENT OF VETERANS AFFAIRS MEDICAL 13 FACILITY DEMONSTRATION FUND. 14 Title XVII of the National Defense Authorization Act 15 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 16 2567) is amended— 17 (1) in section 1701(a)— 18 (A) by striking ‘‘Subject to subsection (b), 19 the’’ and inserting ‘‘The’’; 20 (B) by striking subsection (b); and 21 (C) by redesignating subsections (c) 22 through (f) as subsections (b) through (e), re- 23 spectively; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00317 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 318 •S 1790 RS (2) in section 1702(a)(1), by striking ‘‘hereafter 1 in this title’’ and inserting ‘‘in this section’’; 2 (3) in section 1703, in subsections (a) and (c), 3 by striking ‘‘the facility’’ and inserting ‘‘the James 4 A. Lovell Federal Health Care Center’’; 5 (4) in section 1704— 6 (A) in subsections (a)(3), (a)(4)(A), and 7 (b)(1), by striking ‘‘the facility’’ and inserting 8 ‘‘the James A. Lovell Federal Health Care Cen- 9 ter’’; and 10 (B) in subsection (e), as most recently 11 amended by section 731 of the John S. McCain 12 National Defense Authorization Act for Fiscal 13 Year 2019 (Public Law 115–232), by striking 14 ‘‘September 30, 2020’’ and inserting ‘‘Sep- 15 tember 30, 2021’’; 16 (5) in section 1705— 17 (A) in subsection (a), by striking ‘‘the fa- 18 cility’’ and inserting ‘‘the James A. Lovell Fed- 19 eral Health Care Center (in this section re- 20 ferred to as the ‘JALFHCC’)’’; 21 (B) in subsection (b), in the matter pre- 22 ceding paragraph (1), by striking ‘‘the facility’’ 23 and inserting ‘‘the JALFHCC’’; and 24 (C) in subsection (c)— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00318 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 319 •S 1790 RS (i) by striking ‘‘the facility’’ each 1 place it appears and inserting ‘‘the 2 JALFHCC’’; and 3 (ii) by adding at the end the following 4 new paragraph: 5 ‘‘(4) To permit the JALFHCC to enter into 6 personal services contracts to carry out health care 7 responsibilities in the JALFHCC to the same extent 8 and subject to the same conditions and limitations 9 as apply under section 1091 of title 10, United 10 States Code, to the Secretary of Defense with re- 11 spect to health care responsibilities in medical treat- 12 ment facilities of the Department of Defense.’’. 13 SEC. 722. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF 14 THE HENRY M. JACKSON FOUNDATION FOR 15 THE ADVANCEMENT OF MILITARY MEDICINE. 16 (a) APPOINTMENT BY NON-EX OFFICIO MEMBERS.— 17 Subparagraph (C) of paragraph (1) of section 178(c) of 18 title 10, United States Code, is amended to read as fol- 19 lows: 20 ‘‘(C) six members, each of whom shall be ap- 21 pointed at the expiration of the term of a member 22 appointed under this subparagraph, as provided for 23 in paragraph (2), by the members currently serving 24 on the Council pursuant to this subparagraph and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 320 •S 1790 RS paragraph (2), including the member whose expiring 1 term is so being filled by such appointment.’’. 2 (b) REPEAL OF OBSOLETE AUTHORITY ESTAB- 3 LISHING STAGGERED TERMS.—Paragraph (2) of such sec- 4 tion is amended— 5 (1) by striking ‘‘except that—’’ and all that fol- 6 lows through ‘‘any person’’ and inserting ‘‘except 7 that any person’’; 8 (2) by striking ‘‘; and’’ and inserting a period; 9 and 10 (3) by striking subparagraph (B). 11 (c) EFFECTIVE DATE.— 12 (1) IN GENERAL.—The amendments made by 13 this section shall take effect on the date of the en- 14 actment of this Act. 15 (2) CONSTRUCTION FOR CURRENT MEMBERS.— 16 Nothing in the amendments made by this section 17 shall be construed to terminate or otherwise alter 18 the appointment or term of service of members of 19 the Henry M. Jackson Foundation for the Advance- 20 ment of Military Medicine who are so serving on the 21 date of the enactment of this Act pursuant to an ap- 22 pointment under paragraph (1)(C) or (2) of section 23 178(c) of title 10, United States Code, made before 24 that date. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 321 •S 1790 RS SEC. 723. OFFICERS AUTHORIZED TO COMMAND ARMY 1 DENTAL UNITS. 2 Section 7081(d) of title 10, United States Code, is 3 amended by striking ‘‘Dental Corps Officer’’ and inserting 4 ‘‘Army Medical Department Officer’’. 5 SEC. 724. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM 6 IN NATIONAL CAPITAL REGION. 7 (a) IN GENERAL.—Chapter 104 of title 10, United 8 States Code, is amended by inserting after section 2113a 9 the following new section: 10 ‘‘§ 2113b. Academic Health System 11 ‘‘(a) IN GENERAL.—The Secretary of Defense may 12 establish an Academic Health System to integrate the 13 health care, health professions education, and health re- 14 search activities of the military health system, including 15 under this chapter, in the National Capital Region. 16 ‘‘(b) LEADERSHIP.—(1) The Secretary may appoint 17 employees of the Department of Defense to leadership po- 18 sitions in the Academic Health System established under 19 subsection (a). 20 ‘‘(2) Such positions may include responsibilities for 21 management of the health care, health professions edu- 22 cation, and health research activities described in sub- 23 section (a) and are in addition to similar leadership posi- 24 tions for members of the armed forces. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 322 •S 1790 RS ‘‘(c) ADMINISTRATION.—The Secretary may use such 1 authorities under this chapter relating to the health care, 2 health professions education, and health research activities 3 of the military health system as the Secretary considers 4 appropriate for the administration of the Academic Health 5 System established under subsection (a). 6 ‘‘(d) NATIONAL CAPITAL REGION DEFINED.—In this 7 section, the term ‘National Capital Region’ means the 8 area, or portion thereof, as determined by the Secretary, 9 in the vicinity of the District of Columbia.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of chapter 104 of such title is amended 12 by inserting after the item relating to section 2113a the 13 following new item: 14 ‘‘2113b. Academic Health System.’’. SEC. 725. PROVISION OF VETERINARY SERVICES BY VET- 15 ERINARY PROFESSIONALS OF THE DEPART- 16 MENT OF DEFENSE IN EMERGENCIES. 17 (a) IN GENERAL.—Chapter 53 of title 10, United 18 States Code, is amended by adding at the end the fol- 19 lowing new section: 20 ‘‘§ 1060c. Provision of veterinary services in emer- 21 gencies 22 ‘‘(a) IN GENERAL.—A veterinary professional de- 23 scribed in subsection (b) may provide veterinary services 24 for the purposes described in subsection (c) in any State, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00322 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 323 •S 1790 RS the District of Columbia, or a territory or possession of 1 the United States, without regard to where such veteri- 2 nary professional or the patient animal are located, if the 3 provision of such services is within the scope of the author- 4 ized duties of such veterinary professional for the Depart- 5 ment of Defense. 6 ‘‘(b) VETERINARY PROFESSIONAL DESCRIBED.—A 7 veterinary professional described in this subsection is an 8 individual who is— 9 ‘‘(1)(A) a member of the armed forces, a civil- 10 ian employee of the Department of Defense, or oth- 11 erwise credentialed and privileged at a Federal vet- 12 erinary institution or location designated by the Sec- 13 retary of Defense for purposes of this section; or 14 ‘‘(B) a member of the National Guard per- 15 forming training or duty under section 502(f) of title 16 32; 17 ‘‘(2) certified as a veterinary professional by a 18 certification recognized by the Secretary of Defense; 19 and 20 ‘‘(3) currently licensed by a State, the District 21 of Columbia, or a territory or possession of the 22 United States to provide veterinary services. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 324 •S 1790 RS ‘‘(c) PURPOSES DESCRIBED.—The purposes de- 1 scribed in this subsection are veterinary services in re- 2 sponse to any of the following: 3 ‘‘(1) A national emergency declared by the 4 President pursuant to the National Emergencies Act 5 (50 U.S.C. 1601 et seq.). 6 ‘‘(2) A major disaster or an emergency (as 7 those terms are defined in section 102 of the Robert 8 T. Stafford Disaster Relief and Emergency Assist- 9 ance Act (42 U.S.C. 5122)). 10 ‘‘(3) A public health emergency declared by the 11 Secretary of Health and Human Services under sec- 12 tion 319 of the Public Health Service Act (42 13 U.S.C. 247d). 14 ‘‘(4) An extraordinary emergency, as deter- 15 mined by the Secretary of Agriculture under section 16 10407(b) of the Animal Health Protection Act (7 17 U.S.C. 8306(b)).’’. 18 (b) CLERICAL AMENDMENT.—The table of sections 19 at the beginning of chapter 53 of such title is amended 20 by inserting after the item relating to section 1060b the 21 following new item: 22 ‘‘1060c. Provision of veterinary services in emergencies.’’. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00324 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 325 •S 1790 RS SEC. 726. FIVE-YEAR EXTENSION OF AUTHORITY TO CON- 1 TINUE THE DOD-VA HEALTH CARE SHARING 2 INCENTIVE FUND. 3 Section 8111(d)(3) of title 38, United States Code, 4 is amended by striking ‘‘September 30, 2020’’ and insert- 5 ing, ‘‘September 30, 2025’’. 6 SEC. 727. PILOT PROGRAM ON CIVILIAN AND MILITARY 7 PARTNERSHIPS TO ENHANCE INTEROPER- 8 ABILITY AND MEDICAL SURGE CAPABILITY 9 AND CAPACITY OF NATIONAL DISASTER MED- 10 ICAL SYSTEM. 11 (a) IN GENERAL.—The Secretary of Defense may 12 carry out a pilot program to establish partnerships with 13 public, private, and nonprofit health care organizations, 14 institutions, and entities in collaboration with the Sec- 15 retary of Veterans Affairs, the Secretary of Health and 16 Human Services, the Secretary of Homeland Security, and 17 the Secretary of Transportation to enhance the interoper- 18 ability and medical surge capability and capacity of the 19 National Disaster Medical System under section 2812 of 20 the Public Health Service Act (42 U.S.C. 300hh–11) in 21 the vicinity of major aeromedical transport hubs of the 22 Department of Defense. 23 (b) DURATION.—The Secretary of Defense may carry 24 out the pilot program under subsection (a) for a period 25 of not more than five years. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 326 •S 1790 RS (c) LOCATIONS.—The Secretary shall carry out the 1 pilot program under subsection (a) at not fewer than five 2 aeromedical transport hub regions in the United States. 3 (d) REQUIREMENTS.—In establishing partnerships 4 under the pilot program under subsection (a), the Sec- 5 retary, in collaboration with the Secretary of Veterans Af- 6 fairs, the Secretary of Health and Human Services, the 7 Secretary of Homeland Security, and the Secretary of 8 Transportation, shall establish requirements under such 9 partnerships for staffing, specialized training, medical lo- 10 gistics, telemedicine, patient regulating, movement, situa- 11 tional status reporting, tracking, and surveillance. 12 (e) EVALUATION METRICS.—The Secretary of De- 13 fense shall establish metrics to evaluate the effectiveness 14 of the pilot program under subsection (a). 15 (f) REPORTS.— 16 (1) INITIAL REPORT.— 17 (A) IN GENERAL.—Not later than 180 18 days after the commencement of the pilot pro- 19 gram under subsection (a), the Secretary shall 20 submit to the Committees on Armed Services of 21 the Senate and the House of Representatives a 22 report on the pilot program. 23 (B) ELEMENTS.—The report required by 24 subparagraph (A) shall include the following: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00326 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 327 •S 1790 RS (i) A description of the pilot program. 1 (ii) The requirements established 2 under subsection (d). 3 (iii) The evaluation metrics estab- 4 lished under subsection (e). 5 (iv) Such other matters relating to the 6 pilot program as the Secretary considers 7 appropriate. 8 (2) FINAL REPORT.— 9 (A) IN GENERAL.—Not later than 180 10 days after completion of the pilot program 11 under subsection (a), the Secretary shall submit 12 to the Committees on Armed Services of the 13 Senate and the House of Representatives a re- 14 port on the pilot program. 15 (B) ELEMENTS.—The report required by 16 subparagraph (A) shall include the following: 17 (i) A description of the pilot program, 18 including the partnerships established 19 under the pilot program as described in 20 subsection (a). 21 (ii) An assessment of the effectiveness 22 of the pilot program. 23 (iii) Such recommendations for legis- 24 lative or administrative action as the Sec- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 328 •S 1790 RS retary considers appropriate in light of the 1 pilot program, including recommendations 2 for extending or making permanent the au- 3 thority for the pilot program. 4 SEC. 728. MODIFICATION OF REQUIREMENTS FOR LONGI- 5 TUDINAL MEDICAL STUDY ON BLAST PRES- 6 SURE EXPOSURE OF MEMBERS OF THE 7 ARMED FORCES. 8 Section 734 of the National Defense Authorization 9 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 10 1444) is amended— 11 (1) in subsection (b)— 12 (A) in paragraph (2), by striking ‘‘; and’’ 13 and inserting a semicolon; 14 (B) in paragraph (3), by striking the pe- 15 riod at the end and inserting ‘‘; and’’; and 16 (C) by adding at the end the following new 17 paragraph: 18 ‘‘(4) assess the feasibility and advisability of— 19 ‘‘(A) uploading the data gathered from the 20 study into the Defense Occupational and Envi- 21 ronmental Health Readiness System – Indus- 22 trial Hygiene (DOEHRS-IH) or similar system; 23 and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00328 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 329 •S 1790 RS ‘‘(B) allowing personnel of the Department 1 of Defense and the Department of Veterans Af- 2 fairs to have access to such system.’’; and 3 (2) in subsection (c)— 4 (A) by redesignating paragraph (2) as 5 paragraph (3); and 6 (B) by inserting after paragraph (1) the 7 following new paragraph (2): 8 ‘‘(2) ANNUAL STATUS REPORT.—Not later than 9 January 1 of each year during the period beginning 10 on the date of the enactment of the National De- 11 fense Authorization Act for Fiscal Year 2020 and 12 ending on the completion of the study under sub- 13 section (a), the Secretary shall submit to the Com- 14 mittees on Armed Services of the Senate and the 15 House of Representatives a status report on the 16 study.’’. 17 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00329 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 330 •S 1790 RS TITLE VIII—ACQUISITION POL- 1 ICY, ACQUISITION MANAGE- 2 MENT, AND RELATED MAT- 3 TERS 4 Subtitle A—Contracting and 5 Acquisition Provisions 6 SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY 7 EVALUATION FOR ACQUISITION PROGRAMS. 8 (a) PILOT PROGRAM.—Not later than 180 days after 9 the date of the enactment of this act, the Secretary of 10 Defense and the Secretaries of the military departments 11 may jointly carry out a pilot program to assess mecha- 12 nisms to evaluate intellectual property, such as technical 13 data deliverables and associated license rights, including 14 commercially available intellectual property valuation 15 analysis and techniques, in acquisition programs for which 16 they are responsible to better understand the benefits as- 17 sociated with these techniques on— 18 (1) the development of cost-effective intellectual 19 property strategies, and 20 (2) assessment and management of the value 21 and costs of intellectual property during acquisition 22 and sustainment activities (including source selection 23 evaluation factors) throughout the acquisition 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00330 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 331 •S 1790 RS lifecycle for any acquisition program selected by the 1 Secretary concerned. 2 (b) ACTIVITIES.—Activities carried out under the 3 pilot program may include the following: 4 (1) Establishing a team of Department of De- 5 fense and private sector subject matter experts to 6 identify, to the maximum extent practicable at each 7 milestone for a selected acquisition programs, intel- 8 lectual property evaluation techniques to obtain 9 quantitative and qualitative analysis related to the 10 value of intellectual property during the procure- 11 ment, production and deployment, and operations 12 and support phases of the acquisition of the systems 13 under the program. 14 (2) Assessment of commercial valuation tech- 15 niques for intellectual property for use by the De- 16 partment of Defense. 17 (3) Assessment of the feasibility of agency-level 18 oversight to standardize intellectual property evalua- 19 tion practices and procedures. 20 (4) Assessment of contracting mechanisms to 21 speed delivery of intellectual property to the Armed 22 Forces or reduce sustainment costs. 23 (5) Assessment of agency acquisition planning 24 to ensure procurement of intellectual property 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 332 •S 1790 RS deliverables and intellectual property rights nec- 1 essary for Government-planned sustainment activi- 2 ties. 3 (6) Engagement with the commercial industry 4 to— 5 (A) support the development of strategies 6 and program requirements to aid in acquisition 7 and transition planning for intellectual prop- 8 erty; 9 (B) support the development and improve- 10 ment of intellectual property strategies as part 11 of life-cycle sustainment plans; and 12 (C) propose and implement alternative and 13 innovative methods of intellectual property valu- 14 ation, prioritization, and evaluation techniques 15 for intellectual property. 16 (7) Recommending to the cognizant program 17 manager for an acquisition program evaluation tech- 18 niques and contracting mechanisms for implementa- 19 tion into the acquisition and sustainment activities 20 of that acquisition program. 21 (c) ACQUISITION OF COMMERCIAL AND NON- 22 DEVELOPMENTAL ITEMS, PRODUCTS, AND SERVICES.— 23 The pilot program shall provide criteria to ensure the ap- 24 propriate consideration of commercial items and non-de- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00332 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 333 •S 1790 RS velopmental items as alternatives to items to be specifi- 1 cally developed for the acquisition program, including eval- 2 uation of the benefits of reduced risk regarding cost, 3 schedule, and performance associated with commercial 4 and non-developmental items, products, and services. 5 (d) ASSESSMENTS.—Not later than November 1, 6 2020, and annually thereafter through 2023, the Sec- 7 retary of Defense, in coordination with the Secretaries 8 concerned, shall submit to the congressional defense com- 9 mittees a joint report on the pilot program conducted 10 under this section. The report shall, at a minimum, in- 11 clude— 12 (1) a description of the acquisition programs se- 13 lected by the Secretary concerned; 14 (2) a description of the specific activities in 15 paragraph (b) that were performed under each pro- 16 gram; 17 (3) an assessment of the effectiveness of the ac- 18 tivities; 19 (4) an assessment of improvements to acquisi- 20 tion or sustainment activities related to the pilot 21 program; and 22 (5) an assessment of cost-savings from the ac- 23 tivities related to the pilot program, including any 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00333 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 334 •S 1790 RS improvement to mission success during the oper- 1 ations and support phase of the program. 2 SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING 3 TEAMS FOR COMPLEX REQUIREMENTS. 4 (a) IN GENERAL.—(1) The Secretary of Defense 5 shall select at least 2, and up to 5, initiatives to participate 6 in a pilot to use teams that, with the advice of expert third 7 parties, focus on the development of complex contract 8 technical requirements for services, with each team focus- 9 ing on developing achievable technical requirements that 10 are appropriately valued and identifying the most effective 11 acquisition strategy to achieve those requirements. 12 (2) The Secretary shall develop metrics for tracking 13 progress of the program at improving quality and acquisi- 14 tion cycle time. 15 (b) DEVELOPMENT OF CRITERIA AND INITIATIVES.— 16 (1) Not later than February 1, 2020, the Secretary of De- 17 fense shall establish the pilot program and notify the con- 18 gressional defense committees of the criteria used to select 19 initiatives and the metrics used to track progress. 20 (2) Not later than May 1, 2020, the Secretary shall 21 notify the congressional defense committees of the initia- 22 tives selected for the program. 23 (3) Not later than December 1, 2020, the Secretary 24 shall brief the congressional defense committees on the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 335 •S 1790 RS progress of the selected initiatives, including the progress 1 of the initiatives at improving quality and acquisition cycle 2 time according to the metrics developed under subsection 3 (a)(2). 4 SEC. 803. MODIFICATION OF WRITTEN APPROVAL RE- 5 QUIREMENT FOR TASK AND DELIVERY 6 ORDER SINGLE CONTRACT AWARDS. 7 Section 2304a(d)(3) of title 10, United States Code, 8 is amended— 9 (1) in subparagraph (B), by redesignating 10 clauses (i) and (ii) as subclauses (I) and (II), respec- 11 tively; 12 (2) by redesignating subparagraphs (A), (B), 13 (C), and (D) as clauses (i), (ii), (iii), and (iv), re- 14 spectively; 15 (3) by striking ‘‘No task or delivery order con- 16 tract’’ and inserting ‘‘(A) Except as provided under 17 subparagraph (B), no task or delivery order con- 18 tract’’; and 19 (4) by adding at the end the following new sub- 20 paragraph: 21 ‘‘(B) A task or delivery order contract in an amount 22 estimated to exceed $100,000,000 (including all options) 23 may be awarded to a single source without the written 24 determination otherwise required under subparagraph (A) 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 336 •S 1790 RS if the head of the agency has made a written determina- 1 tion pursuant to section 2304(c) of this title that other 2 than competitive procedures may be used for the awarding 3 of such contract.’’. 4 SEC. 804. EXTENSION OF AUTHORITY TO ACQUIRE PROD- 5 UCTS AND SERVICES PRODUCED IN COUN- 6 TRIES ALONG A MAJOR ROUTE OF SUPPLY 7 TO AFGHANISTAN. 8 Section 801(f) of the National Defense Authorization 9 Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 10 2399), as most recently amended by section 1214 of the 11 National Defense Authorization Act for Fiscal Year 2018 12 (Public Law 115–91; 131 Stat. 1649), is further amended 13 by striking ‘‘December 31, 2019’’ and inserting ‘‘Decem- 14 ber 31, 2021’’. 15 SEC. 805. MODIFICATION OF DIRECTOR OF OPERATIONAL 16 TEST AND EVALUATION REPORT. 17 Section 139(h)(5) of title 10, United States Code, is 18 amended to read as follows: 19 ‘‘(5) The Director shall solicit comments from the 20 Secretaries of the military departments on each report of 21 the Director to Congress under this section and summa- 22 rize the comments in the report. The Director shall deter- 23 mine the amount of time available for the Secretaries to 24 comment on the draft report on a case by case basis, and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00336 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 337 •S 1790 RS consider the extent to which substantive discussions have 1 already been held between the Director and the military 2 department. The Director shall reserve the right to issue 3 the report without comment from a military department 4 if the department’s comments are not received within the 5 time provided, and shall indicate any such omission in the 6 report.’’. 7 SEC. 806. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE 8 CONTRACTS. 9 (a) DEPARTMENT OF DEFENSE REVIEW.— 10 (1) IN GENERAL.—The Under Secretary of De- 11 fense for Acquisition and Sustainment shall review 12 how the Department of Defense informs decisions to 13 use fixed-price contracts to support broader acquisi- 14 tion objectives, to ensure that such decisions are 15 made strategically and consistently. The review 16 should include decisions on the use of the various 17 types of fixed price contracts, including fixed-price 18 incentive contracts. 19 (2) BRIEFING.—Not later than February 1, 20 2020, the Under Secretary shall brief the congres- 21 sional defense committees on the findings of the re- 22 view required under paragraph (1). 23 (b) COMPTROLLER GENERAL REPORT.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00337 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 338 •S 1790 RS (1) IN GENERAL.—Not later than February 1, 1 2021, the Comptroller General of the United States 2 shall submit to the congressional defense committees 3 a report on the Department of Defense’s use of 4 fixed-price contracts, including different types of 5 fixed-price contracts. 6 (2) ELEMENTS.—The report required under 7 paragraph (1) shall include the following elements: 8 (A) A description of the extent to which 9 fixed-price contracts have been used over time 10 and the conditions in which they are used. 11 (B) An assessment of the effects of the de- 12 cisions to use of fixed-price contract types, such 13 as any additional costs or savings or efficiencies 14 in contract administration. 15 (C) An assessment of how decisions to use 16 various types of fixed-price contracts affects the 17 contract closeout process. 18 (c) DELAYED IMPLEMENTATION OF REGULATIONS 19 REQUIRING THE USE OF FIXED-PRICE CONTRACTS FOR 20 FOREIGN MILITARY SALES.—The regulations prescribed 21 pursuant to section 830(a) of the National Defense Au- 22 thorization Act for Fiscal Year 2017 (Public Law 114– 23 328; 22 U.S.C. 2762 note) shall not take effect until De- 24 cember 31, 2020. The regulations as so prescribed shall 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00338 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 339 •S 1790 RS take into account the findings of the review conducted 1 under subsection (a)(1). 2 SEC. 807. PILOT PROGRAM TO ACCELERATE CONTRACTING 3 AND PRICING PROCESSES. 4 Section 890 of the John S. McCain National Defense 5 Authorization Act for Fiscal Year 2019 (Public Law 115– 6 232) is amended— 7 (1) by striking subsection (b); 8 (2) by redesignating subsections (c) and (d) as 9 subsections (b) and (c), respectively; 10 (3) in subsection (b), as redesignated by para- 11 graph (2), by striking ‘‘and an assessment of wheth- 12 er the program should be continued or expanded’’; 13 and 14 (4) in subsection (c), as so redesignated, by 15 striking ‘‘January 2, 2021’’ and inserting ‘‘January 16 2, 2023’’. 17 SEC. 808. PILOT PROGRAM TO STREAMLINE DECISION-MAK- 18 ING PROCESSES FOR WEAPON SYSTEMS. 19 (a) CANDIDATE ACQUISITION PROGRAMS.— 20 (1) IN GENERAL.—Not later than February 1, 21 2020, each Service Acquisition Executive shall rec- 22 ommend to the Secretary of Defense at least one 23 major defense acquisition program for a pilot pro- 24 gram to include tailored measures to streamline the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 340 •S 1790 RS entire milestone decision process, with the results 1 evaluated and reported for potential wider use. 2 (2) ELEMENTS.—Each pilot program selected 3 pursuant to paragraph (1) shall include the fol- 4 lowing elements: 5 (A) Delineating the appropriate informa- 6 tion needed to support milestone decisions, as- 7 suring program accountability and oversight, 8 which should be based on the business case 9 principles needed for well-informed milestone 10 decisions, including user-defined requirements, 11 reasonable acquisition and life-cycle cost esti- 12 mates, and a knowledge-based acquisition plan 13 for maturing technologies, stabilizing the pro- 14 gram design, and ensuring key manufacturing 15 processes are in control. 16 (B) Developing an efficient process for 17 providing this information to the milestone deci- 18 sion authority by— 19 (i) minimizing any reviews between 20 the program office and the different func- 21 tional staff offices within each chain of 22 command level; and 23 (ii) establishing frequent, regular 24 interaction between the program office and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00340 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 341 •S 1790 RS milestone decision makers, in lieu of docu- 1 mentation reviews, to help expedite the 2 process. 3 (b) BRIEFING.—Not later than May 1, 2020, the 4 Under Secretary of Defense for Acquisition and 5 Sustainment shall provide to the congressional defense 6 committees an informal briefing detailing— 7 (1) the acquisition programs selected pursuant 8 to subsection (a); 9 (2) the associated action plans, including 10 timelines, for each program; and 11 (3) the manner in which each program con- 12 forms to the requirements set forth in subsection 13 (a)(2). 14 SEC. 809. DOCUMENTATION OF MARKET RESEARCH RE- 15 LATED TO COMMERCIAL ITEM DETERMINA- 16 TIONS. 17 (a) IN GENERAL.—Section 2377(c) of title 10, 18 United States Code, is amended— 19 (1) by redesignating paragraph (4) as para- 20 graph (5); and 21 (2) by inserting after paragraph (3) the fol- 22 lowing new paragraph: 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00341 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 342 •S 1790 RS ‘‘(4) The head of an agency shall document the 1 results of market research in a manner appropriate 2 to the size and complexity of the acquisition.’’. 3 (b) CONFORMING AMENDMENT RELATED TO PRO- 4 SPECTIVE AMENDMENT.—Section 836(d)(3)(C)(ii) of the 5 John S. McCain National Defense Authorization Act for 6 Fiscal Year 2019 (Public Law 115–232) is amended by 7 striking ‘‘in paragraph (4)’’ and inserting ‘‘in paragraph 8 (5)’’. 9 SEC. 810. MODIFICATION TO SMALL PURCHASE THRESH- 10 OLD EXCEPTION TO SOURCING REQUIRE- 11 MENTS FOR CERTAIN ARTICLES. 12 Subsection (h) of section 2533a of title 10, United 13 States Code, is amended to read as follows: 14 ‘‘(h) EXCEPTION FOR SMALL PURCHASES.—Sub- 15 section (a) does not apply to purchases for amounts not 16 greater than $150,000. A proposed purchase or contract 17 for an amount greater than $150,000 may not be divided 18 into several purchases or contracts for lesser amounts in 19 order to qualify for this exception. On October 1 of each 20 year evenly divisible by 5, the Secretary of Defense may 21 adjust the dollar threshold in this subsection based on 22 changes in the Consumer Price Index. The Secretary shall 23 publish notice of any such adjustment in the Federal Reg- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00342 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 343 •S 1790 RS ister, and the new price threshold shall take effect on the 1 date of publication.’’. 2 Subtitle B—Provisions Relating to 3 Major Defense Acquisition Pro- 4 grams 5 SEC. 821. NAVAL VESSEL CERTIFICATION REQUIRED BE- 6 FORE MILESTONE B APPROVAL. 7 Section 2366b(a) of title 10, United States Code, is 8 amended— 9 (1) in paragraph (3)(O), by striking ‘‘; and’’ 10 and inserting a semicolon; 11 (2) in paragraph (4), by striking the period at 12 the end and inserting ‘‘; and’’; and 13 (3) by adding at the end the following new 14 paragraph: 15 ‘‘(5) in the case of a naval vessel program, cer- 16 tifies compliance with the requirements of section 17 8669b of this title.’’. 18 Subtitle C—Industrial Base 19 Matters 20 SEC. 831. MODERNIZATION OF ACQUISITION PROCESSES 21 TO ENSURE INTEGRITY OF INDUSTRIAL 22 BASE. 23 (a) DIGITIZATION AND MODERNIZATION.—The Sec- 24 retary of Defense shall streamline and digitize the existing 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00343 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 344 •S 1790 RS Department of Defense approach for identifying and miti- 1 gating risks to the defense industrial base across the ac- 2 quisition process, creating a continuous model that uses 3 digital tools, technologies, and approaches designed to en- 4 sure the accessibility of data to key decision-makers in the 5 Department. 6 (b) ANALYTICAL FRAMEWORK.— 7 (1) IN GENERAL.—The Under Secretary of De- 8 fense for Acquisition and Sustainment, in coordina- 9 tion with the Defense Security Service (or successor 10 entity) and other organizations as appropriate, shall 11 develop an analytical framework for risk mitigation 12 across the acquisition process. 13 (2) ELEMENTS.—The analytical framework re- 14 quired under paragraph (1) shall include the fol- 15 lowing elements: 16 (A) Characterization and monitoring of 17 supply chain risks, including— 18 (i) material sources and fragility; 19 (ii) counterfeit parts; 20 (iii) cybersecurity of contractors; 21 (iv) vendor vetting in contingency or 22 operational environments; and 23 (v) other risk areas as determined ap- 24 propriate. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00344 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 345 •S 1790 RS (B) Characterization and monitoring of 1 risks posed by contractor behavior that con- 2 stitute violations of laws or regulations, includ- 3 ing those relating to— 4 (i) fraud; 5 (ii) ownership structures; 6 (iii) trafficking in persons; 7 (iv) workers’ health and safety; 8 (v) affiliation with the enemy; and 9 (vi) other risk areas as deemed appro- 10 priate. 11 (C) Characterization of the Department’s 12 acquisition processes and procedures, includ- 13 ing— 14 (i) market research; 15 (ii) responsibility determinations, in- 16 cluding consideration of the need for spe- 17 cial standards of responsibility to address 18 the risks described in subparagraphs (A) 19 and (B); 20 (iii) facilities clearances; 21 (iv) contract requirements definition 22 and technical evaluation; 23 (v) contract awards and contractor 24 mobilization; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00345 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 346 •S 1790 RS (vi) contractor mobilization to include 1 hiring, training, and establishing facilities; 2 (vii) contract administration, contract 3 management, and oversight; 4 (viii) contract audit for closeout; 5 (ix) contractor business system re- 6 views; and 7 (x) other relevant processes and pro- 8 cedures. 9 (D) Characterization and monitoring of the 10 health and activities of the defense industrial 11 base, including those relating to— 12 (i) balance sheets, revenues, profit- 13 ability, and debt; 14 (ii) investment, innovation, and tech- 15 nological and manufacturing sophistica- 16 tion; 17 (iii) finances, access to capital mar- 18 kets, and cost of raising capital within 19 those markets; 20 (iv) corporate governance, leadership, 21 and culture of performance; and 22 (v) history of performance on past 23 Department of Defense and government 24 contracts. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00346 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 347 •S 1790 RS (c) ROLES AND RESPONSIBILITIES.—The Secretary 1 of Defense shall designate the roles and responsibilities of 2 organizations and individuals to execute activities under 3 this section, including— 4 (1) the Under Secretary of Defense for Acquisi- 5 tion and Sustainment, including the Office of De- 6 fense Pricing and Contracting and the Office of In- 7 dustrial Policy; 8 (2) Service Acquisition Executives; 9 (3) program offices and procuring contracting 10 officers; 11 (4) administrative contracting officers within 12 the Defense Contract Management Agency and the 13 Supervisor of Shipbuilding; 14 (5) the Defense Security Service and the De- 15 fense Counterintelligence Security Agency; 16 (6) the Defense Contract Audit Agency; 17 (7) departments, agencies, or activities which 18 own or operate systems containing data relevant to 19 Department of Defense contractors; 20 (8) the Under Secretary for Research and Engi- 21 neering; and 22 (9) other relevant organizations and individuals. 23 (d) ENABLING DATA, TOOLS, AND SYSTEMS.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00347 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 348 •S 1790 RS (1) ASSESSMENT OF EXISTING DATA SOURCES, 1 SYSTEMS, AND TOOLS.— 2 (A) IN GENERAL.—The Under Secretary of 3 Defense for Acquisition and Sustainment, in 4 consultation with the Chief Data Officer of the 5 Department of Defense, and the Defense Secu- 6 rity Service (or successor entity), shall assess 7 the extent to which existing systems of record 8 relevant to risk assessments and contracting are 9 producing, exposing, and timely maintaining 10 valid and reliable data for the purposes of the 11 Department’s continuous assessment and miti- 12 gation of risks in the defense industrial base. 13 (B) ELEMENTS.—The assessment required 14 under subparagraph (A) shall include the fol- 15 lowing elements: 16 (i) Identification of the necessary 17 source data, to include data from contrac- 18 tors, intelligence and security activities, 19 program offices, and commercial research 20 entities. 21 (ii) A description of the modern data 22 infrastructure, tools, and applications and 23 what changes would improve the effective- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00348 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 349 •S 1790 RS ness and efficiency of mitigating the risks 1 described in subsection (b)(2). 2 (iii) An assessment of the following 3 systems owned or operated outside of the 4 Department of Defense: 5 (I) The Federal Awardee Per- 6 formance and Integrity Information 7 System (FAPIIS). 8 (II) The System for Award Man- 9 agement (SAM). 10 (III) The Federal Procurement 11 Data System–Next Generation 12 (FPDS-NG). 13 (iv) An assessment of systems owned 14 or operated by the Department of Defense, 15 including the Defense Security Service (or 16 successor entity) and other defense agen- 17 cies and field activities used to capture and 18 analyze the performance of vendors and 19 contractors. 20 (2) MODERNIZATION OF DATA COLLECTION, 21 EXPOSURE, AND ANALYSIS METHODS.—Based on the 22 findings pursuant to paragraph (1), the Secretary of 23 Defense shall develop a unified set of activities to 24 modernize the systems of record, data sources and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00349 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 350 •S 1790 RS collection methods, and data exposure mechanisms. 1 The unified set of activities should feature— 2 (A) the ability to continuously collect data 3 on, assess, and mitigate risks; 4 (B) data analytics and business intelligence 5 tools and methods; and 6 (C) continuous development and contin- 7 uous delivery of secure software to implement 8 the activities. 9 (e) REPORTS.— 10 (1) INITIAL REPORT.—Not later than Novem- 11 ber 15, 2019, the Secretary of Defense shall submit 12 to the congressional defense committees a report on 13 actions taken pursuant to this section, including rec- 14 ommendations for any further authorities or legisla- 15 tion. 16 (2) SECOND REPORT.—Not later than April 15, 17 2020, the Secretary of Defense shall submit to the 18 congressional defense committees a report on actions 19 taken pursuant to this section, including rec- 20 ommendations for any further legislation. 21 (f) COMPTROLLER GENERAL REVIEWS.— 22 (1) BRIEFING.—Not later than February 15, 23 2020, the Comptroller General of the United States 24 shall brief the congressional defense committees on 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00350 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 351 •S 1790 RS Department of Defense efforts over the previous 5 1 years to continuously assess and mitigate risks to 2 the defense industrial base across the acquisition 3 process, and a summary of current and planned ef- 4 forts. 5 (2) ANNUAL ASSESSMENTS.—Not later than 6 June 15, 2020, and annually thereafter, the Comp- 7 troller General of the United States shall submit to 8 the congressional defense committees an assessment 9 of Department of Defense progress in implementing 10 the framework required under subsection (b). 11 SEC. 832. ASSESSMENT OF PRECISION-GUIDED MISSILES 12 FOR RELIANCE ON FOREIGN-MADE MICRO- 13 ELECTRONIC COMPONENTS. 14 (a) IN GENERAL.—Not later than August 31, 2020, 15 the Secretary of the Air Force shall brief the congressional 16 defense committees on the findings of an assessment of 17 the Air Force’s precision-guided missiles for reliance on 18 foreign-made microelectronic components. 19 (b) ELEMENTS.—The assessment required under 20 subsection (a) shall— 21 (1) consider certain risks such as— 22 (A) where microelectronic components for 23 all of the Air Force’s precision-guided missiles 24 currently in production were made; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00351 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 352 •S 1790 RS (B) the contract tier level of the microelec- 1 tronic components supplier; and 2 (C) which of the microelectronic compo- 3 nents are cyber security concerns; and 4 (2) identify mitigation strategies. 5 SEC. 833. MITIGATING RISKS RELATED TO FOREIGN OWN- 6 ERSHIP, CONTROL, OR INFLUENCE OF DE- 7 PARTMENT OF DEFENSE CONTRACTORS OR 8 SUBCONTRACTORS. 9 (a) DEFINITIONS.—In this section: 10 (1) BENEFICIAL OWNER; BENEFICIAL OWNER- 11 SHIP.—The terms ‘‘beneficial owner’’ and ‘‘beneficial 12 ownership’’ shall be determined in the manner set 13 forth in section 240.13d–3 of title 17, Code of Fed- 14 eral Regulations. 15 (2) COMPANY.—The term ‘‘company’’ means 16 any corporation, company, limited liability company, 17 limited partnership, business trust, business associa- 18 tion, or other similar entity. 19 (3) COVERED CONTRACTOR OR SUBCON- 20 TRACTOR.—The term ‘‘covered contractor or subcon- 21 tractor’’ means a company that is an existing or pro- 22 spective contractor or subcontractor of the Depart- 23 ment of Defense on a contract or subcontract with 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 353 •S 1790 RS a value in excess of $5,000,000, except as provided 1 in subsection (c). 2 (4) FOREIGN OWNERSHIP, CONTROL, OR INFLU- 3 ENCE; FOCI.—The terms ‘‘foreign ownership, con- 4 trol, or influence’’ and ‘‘FOCI’’ have the meanings 5 given those terms under the policy, factors, and pro- 6 cedures of the National Industrial Security Program 7 Operating Manual, DOD 5220.22-M, or a successor 8 document. 9 (b) IMPROVED ASSESSMENT AND MITIGATION OF 10 RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL, OR 11 INFLUENCE.— 12 (1) IN GENERAL.—In developing and imple- 13 menting the analytical framework for mitigating risk 14 relating to ownership structures, as required by sec- 15 tion 831(b)(2)(B)(ii), the Secretary of Defense shall 16 improve the process and procedures for the assess- 17 ment and mitigation of risks related to foreign own- 18 ership, control, or influence (FOCI) of contractors 19 and subcontractors doing business with the Depart- 20 ment of Defense. 21 (2) ELEMENTS.—The process and procedures 22 for the assessment and mitigation of risk relating to 23 ownership structures referred to in paragraph (1) 24 shall include the following elements: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 354 •S 1790 RS (A) ASSESSMENT OF FOCI.—(i) A require- 1 ment for covered contractors and subcontrac- 2 tors to disclose to the Defense Security Service, 3 or its successor organization, their beneficial 4 ownership and whether they are under FOCI. 5 (ii) A requirement to update such disclo- 6 sures when significant changes occur to infor- 7 mation previously provided, consistent with or 8 similar to the procedures for updating FOCI in- 9 formation under the National Industrial Secu- 10 rity Program. 11 (iii) A requirement for covered contractors 12 and subcontractors determined to be under 13 FOCI to disclose contact information for each 14 of its foreign owners that is a beneficial owner. 15 (iv) A requirement that, at a minimum, 16 the disclosures required by this paragraph be 17 provided at the time the contract or subcontract 18 is awarded, amended, or renewed, but in no 19 case later than one year after the Secretary 20 prescribes regulations to carry out this sub- 21 section. 22 (B) RESPONSIBILITY DETERMINATION.— 23 Consistent with section 831(b)(2)(C)(ii), consid- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 355 •S 1790 RS eration of FOCI risks as part of responsibility 1 determinations, including— 2 (i) whether to establish a special 3 standard of responsibility relating to FOCI 4 risks for covered contractors or sub- 5 contractors, and the extent to which the 6 policies and procedures consistent with or 7 similar to those relating to FOCI under 8 the National Industrial Security Program 9 shall be applied to covered contractors or 10 subcontractors; 11 (ii) procedures for contracting officers 12 making responsibility determinations re- 13 garding whether covered contractors and 14 subcontractors may be under foreign own- 15 ership, control, or influence and for deter- 16 mining whether there is reason to believe 17 that such foreign ownership, control, or in- 18 fluence would pose a risk to national secu- 19 rity or potential risk of compromise be- 20 cause of sensitive data, systems, or proc- 21 esses, such as personally identifiable infor- 22 mation, cybersecurity, or national security 23 systems involved with the contract or sub- 24 contract; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 356 •S 1790 RS (iii) modification of policies, directives, 1 and practices to provide that an assess- 2 ment that a covered contractor or subcon- 3 tractor is under FOCI may be a sufficient 4 basis for a contracting officer to determine 5 that a contractor or subcontractor is not 6 responsible. 7 (C) CONTRACT REQUIREMENTS, ADMINIS- 8 TRATION, AND OVERSIGHT RELATING TO 9 FOCI.— 10 (i) Requirements for contract clauses 11 providing for and enforcing disclosures re- 12 lated to changes in FOCI during perform- 13 ance of the contract, consistent with sub- 14 paragraph (A), and necessitating the effec- 15 tive mitigation of risks related to FOCI 16 throughout the duration of the contract or 17 subcontract. 18 (ii) Pursuant to section 831(c), des- 19 ignation of the appropriate Department of 20 Defense official responsible to approve and 21 to take actions relating to award, modifica- 22 tion, termination of a contract, or direction 23 to modify or terminate a subcontract due 24 to an assessment by the Defense Security 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00356 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 357 •S 1790 RS Service, or its successor organization, that 1 a covered contractor or subcontractor 2 under FOCI poses a risk to national secu- 3 rity or potential risk of compromise. 4 (iii) A requirement for the provision 5 of additional information regarding bene- 6 ficial ownership and control of any covered 7 contractor or subcontractor on the contract 8 or subcontract. 9 (iv) Other measures as necessary to 10 be consistent with other relevant practices, 11 policies, regulations, and actions, including 12 those under the National Industrial Secu- 13 rity Program. 14 (c) APPLICABILITY TO CONTRACTS AND SUB- 15 CONTRACTS FOR COMMERCIAL PRODUCTS AND SERVICES 16 AND OTHER FORMS OF ACQUISITION AGREEMENTS.— 17 (1) COMMERCIAL PRODUCTS AND SERVICES.— 18 The disclosure requirements under subsection (b) 19 shall not apply to a contract or subcontract for com- 20 mercial products or services, unless a designated 21 senior official specifically requires the disclosures de- 22 scribed in such subparagraphs with respect to the 23 contract or subcontract based on a determination by 24 the designated senior official that the contract or 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00357 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 358 •S 1790 RS subcontract involves a risk to national security or 1 potential risk of compromise because of sensitive 2 data, systems, or processes, such as personally iden- 3 tifiable information, cybersecurity, or national secu- 4 rity systems. 5 (2) RESEARCH AND DEVELOPMENT AND PRO- 6 CUREMENT ACTIVITIES.—The Secretary of Defense 7 shall ensure that the requirements of this section are 8 applied to research and development and procure- 9 ment activities, including for the delivery of services, 10 established through any means including those 11 under section 2358(b) of title 10, United States 12 Code. 13 (d) AVAILABILITY OF RESOURCES.—The Secretary 14 shall ensure that sufficient resources, including subject 15 matter expertise, are allocated to execute the functions 16 necessary to carry out this section, including the assess- 17 ment, mitigation, contract administration, and oversight 18 functions. 19 (e) REPORTING REQUIREMENTS AND LIMITED 20 AVAILABILITY OF BENEFICIAL OWNERSHIP DATA.— 21 (1) IN GENERAL.—Not later than 180 days 22 after the date of the enactment of this Act, the Sec- 23 retary of Defense shall establish a process to update 24 systems of record to improve the assessment and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00358 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 359 •S 1790 RS mitigation of risks associated with FOCI through 1 the inclusion and updating of all appropriate associ- 2 ated uniquely identifying information about the con- 3 tracts and contractors and subcontracts and sub- 4 contractors in the Federal Awardee Performance 5 and Integrity Information System (FAPIIS), admin- 6 istered by the General Services Administration, and 7 the Commercial and Government Entity (CAGE) 8 database, administered by the Defense Logistics 9 Agency. 10 (2) LIMITED AVAILABILITY OF INFORMATION.— 11 The Secretary of Defense shall ensure that the infor- 12 mation required to be disclosed pursuant to this sub- 13 section is— 14 (A) not made public; 15 (B) made available via the FAPIIS and 16 CAGE databases; and 17 (C) made available to appropriate govern- 18 ment departments or agencies. 19 SEC. 834. EXTENSION AND REVISIONS TO NEVER CON- 20 TRACT WITH THE ENEMY. 21 (a) EXTENSION.—Section 841(n) of the National De- 22 fense Authorization Act for Fiscal Year 2015 (10 U.S.C. 23 2302 note) is amended by striking ‘‘December 31, 2021’’ 24 and inserting ‘‘December 31, 2023’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 360 •S 1790 RS (b) EXPANSION OF PROGRAM.—Section 841(a) of 1 such Act is amended— 2 (1) in the heading, by striking ‘‘IDENTIFICA- 3 TION OF PERSONS AND ENTITIES’’ and inserting 4 ‘‘PROGRAM’’; 5 (2) in the matter preceding paragraph (1), by 6 striking ‘‘establish in’’ and all that follows and in- 7 serting ‘‘establish a program to mitigate threats 8 posed by vendors supporting operations outside the 9 United States. The program shall use available intel- 10 ligence to identify persons and entities that—’’; 11 (3) in paragraph (1), by striking ‘‘; or’’ and in- 12 serting a semicolon; 13 (4) in paragraph (2), by striking the period and 14 inserting a semicolon; and 15 (5) by adding at the end the following new 16 paragraphs: 17 ‘‘(3) directly or indirectly support a covered 18 person or entity or otherwise pose a force protection 19 risk to personnel of the United States or coalition 20 forces; or 21 ‘‘(4) pose an unacceptable national security 22 risk.’’. 23 (c) INCLUSION OF ALL CONTRACTS.—Sections 841 24 and 842 of such Act are further amended by striking ‘‘cov- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00360 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 361 •S 1790 RS ered contract’’ each place it appears and inserting ‘‘con- 1 tract’’. 2 (d) INCLUSION OF ALL COMBATANT COMMANDS.— 3 Sections 841 and 842 of such Act are further amended 4 by striking ‘‘covered combatant command’’ each place it 5 appears and inserting ‘‘combatant command’’. 6 (e) COVERED PERSON OR ENTITY.—Section 843(6) 7 of such Act is amended to read as follows: 8 ‘‘(6) COVERED PERSON OR ENTITY.—The term 9 ‘covered person or entity’ means a person that is— 10 ‘‘(A) engaging in acts of violence against 11 personnel of the United States or coalition 12 forces; 13 ‘‘(B) providing financing, logistics, train- 14 ing, or intelligence to a person described in sub- 15 paragraph (A); 16 ‘‘(C) engaging in foreign intelligence activi- 17 ties against the United States or against coali- 18 tion forces; 19 ‘‘(D) engaging in transnational organized 20 crime or criminal activities; or 21 ‘‘(E) engaging in other activities that 22 present a direct or indirect risk to the national 23 security of the United States or coalition 24 forces.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00361 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 362 •S 1790 RS (f) DELEGATION AUTHORITY OF COMBATANT COM- 1 MANDER.— 2 (1) USE OF DESIGNEES.—Sections 841 and 3 842 of such Act are further amended by striking 4 ‘‘specified deputies’’ each place it appears and in- 5 serting ‘‘designee’’. 6 (2) REMOVAL OF LIMITATIONS ON DELEGA- 7 TION.—Section 841 of such Act is further amended 8 by striking subsection (g). 9 (g) AUTHORITIES TO TERMINATE, VOID, AND RE- 10 STRICT.—Section 841(c) of such Act is further amended— 11 (1) in paragraph (1)— 12 (A) by inserting ‘‘to a person or entity’’ 13 after ‘‘concerned’’; and 14 (B) by striking ‘‘the contract’’ and all that 15 follows through the period at the end and in- 16 serting ‘‘the person or entity has been identified 17 under the program established under subsection 18 (a).’’; 19 (2) in paragraph (2), by striking ‘‘has failed’’ 20 and all that follows and inserting ‘‘has been identi- 21 fied under the program established under subsection 22 (a).’’; and 23 (3) in paragraph (3), by striking ‘‘the contract’’ 24 and all that follows through the period at the end 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00362 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 363 •S 1790 RS and inserting ‘‘the contractor, or the recipient of the 1 grant or cooperative agreement, has been identified 2 under the program established under subsection 3 (a).’’. 4 (h) CONTRACT CLAUSE.—Section 841(d)(2)(B) of 5 such Act is amended by inserting ‘‘and restrict future 6 award to any contractor, or recipient of a grant or cooper- 7 ative agreement, that has been identified under the pro- 8 gram established under subsection (a)’’ after ‘‘subsection 9 (c)’’. 10 (i) PARTICIPATION OF SECRETARY OF STATE.—Sec- 11 tion 841 of such Act is further amended— 12 (1) in subsection (a) in the matter preceding 13 paragraph (1), by striking ‘‘in consultation with’’; 14 and 15 (2) in subsection (f)(1), by striking ‘‘in con- 16 sultation with’’. 17 (j) SHARING OF INFORMATION ON SUPPORTERS OF 18 THE ENEMY.—Section 841(h)(1) of such Act is further 19 amended by striking ‘‘may be providing’’ and all that fol- 20 lows through ‘‘or entity’’ and inserting ‘‘have been identi- 21 fied under the program established under subsection (a)’’. 22 (k) INAPPLICABILITY TO CERTAIN CONTRACTS, 23 GRANTS, AND COOPERATIVE AGREEMENTS.—Section 24 841(j) of such Act is amended by striking ‘‘contracts, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 364 •S 1790 RS grants, and cooperative agreements’’ and all that follows 1 through the period at the end and inserting ‘‘a contract, 2 grant, or cooperative agreement that is performed entirely 3 inside the United States unless the recipient of such con- 4 tract, grant, or cooperative agreement is a foreign entity.’’. 5 (l) CONSTRUCTION WITH OTHER AUTHORITIES.— 6 Section 841 of such Act is further amended— 7 (1) in subsection (l), by striking ‘‘Except as 8 provided in subsection (m), the’’ and inserting 9 ‘‘The’’; and 10 (2) by striking subsection (m). 11 (m) ADDITIONAL ACCESS TO RECORDS.—Section 12 842 of such Act is further amended— 13 (1) in subsection (a)— 14 (A) in paragraph (1), by striking ‘‘, except 15 as provided under subsection (c)(1),’’; 16 (B) in paragraph (2), by striking ‘‘ensure 17 that funds’’ and all that follows through the pe- 18 riod at the end and inserting ‘‘support the pro- 19 gram established under section 841(a).’’; 20 (C) in paragraph (3), by striking ‘‘that 21 funds’’ and all that follows through the period 22 at the end and inserting ‘‘that the examination 23 of such records will support the program estab- 24 lished under section 841(a).’’; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 365 •S 1790 RS (D) by striking paragraph (4); and 1 (2) by striking subsection (c). 2 (n) REPORTS.—Subtitle E of title VIII of such Act 3 (10 U.S.C. 2302 note) is further amended— 4 (1) in section 841(i)(1), in the matter preceding 5 subparagraph (A), by striking ‘‘2016, 2017, and 6 2018’’ and inserting ‘‘2016 through 2023’’; and 7 (2) in section 842(b)(1), by striking ‘‘2016, 8 2017, and 2018’’ and inserting ‘‘2016 through 9 2023’’. 10 (o) TECHNICAL AND CONFORMING AMENDMENTS.— 11 (1) SECTION HEADING.—The heading of section 12 841 of such Act is amended by striking ‘‘PRO- 13 VIDING FUNDS TO’’ and inserting ‘‘SUP- 14 PORTING’’. 15 (2) REDESIGNATIONS.—Section 841 of such 16 Act is further amended by redesignating subsections 17 (h) through (l) and (n) (as amended by subsections 18 (a) through (n) of this section) as subsections (g) 19 through (l), respectively. 20 (3) DEFINITIONS.—Section 843 of such Act is 21 amended by striking paragraphs (2) through (5) and 22 redesignating paragraphs (6) through (9) as para- 23 graphs (2) through (5), respectively. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00365 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 366 •S 1790 RS Subtitle D—Small Business Matters 1 SEC. 841. REAUTHORIZATION AND IMPROVEMENT OF DE- 2 PARTMENT OF DEFENSE MENTOR-PROTE´ GE´ 3 PROGRAM. 4 (a) PERMANENT AUTHORIZATION.—Section 831 of 5 the National Defense Authorization Act for Fiscal Year 6 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is 7 amended by striking subsection (j). 8 (b) OFFICE OF SMALL BUSINESS PROGRAMS OVER- 9 SIGHT.—Section 831 of the National Defense Authoriza- 10 tion Act for Fiscal Year 1991 (Public Law 101–510; 10 11 U.S.C. 2302 note) is amended— 12 (1) by redesignating subsection (n) as sub- 13 section (o); and 14 (2) by inserting after subsection (m) the fol- 15 lowing new subsection: 16 ‘‘(n) ESTABLISHMENT OF PERFORMANCE GOALS 17 AND PERIODIC REVIEWS.—The Office of Small Business 18 Programs of the Department of Defense shall— 19 ‘‘(1) establish performance goals consistent with 20 the stated purpose of the Mentor-Prote´ge´ Program 21 and outcome-based metrics to measure progress in 22 meeting those goals; and 23 ‘‘(2) submit to the congressional defense com- 24 mittees, not later than February 1, 2020, a report 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 367 •S 1790 RS on progress made toward implementing these per- 1 formance goals and metrics, based on periodic re- 2 views of the procedures used to approve mentor- 3 prote´ge´ agreements.’’. 4 (c) MODIFICATION OF DISADVANTAGED SMALL 5 BUSINESS CONCERN DEFINITION.—Subsection (o)(2) of 6 the National Defense Authorization Act for Fiscal Year 7 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as re- 8 designated by subsection (b)(1) of this section, is amended 9 by striking ‘‘has less than half the size standard cor- 10 responding to its primary North American Industry Clas- 11 sification System code’’ and inserting ‘‘is not more than 12 the size standard corresponding to its primary North 13 American Industry Classification System code’’. 14 (d) REMOVAL OF PILOT PROGRAM REFERENCES.— 15 Section 831 of the National Defense Authorization Act for 16 Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 17 note) is amended— 18 (1) in the subsection heading for subsection (a), 19 by striking ‘‘PILOT’’; and 20 (2) by striking ‘‘pilot’’ each place it appears. 21 (e) INDEPENDENT REPORT ON PROGRAM EFFEC- 22 TIVENESS.— 23 (1) IN GENERAL.—The Secretary of Defense 24 shall direct the Defense Business Board to submit to 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00367 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 368 •S 1790 RS the congressional defense committees a report evalu- 1 ating the effectiveness of the Mentor-Prote´ge´ Pro- 2 gram established under section 831 of the National 3 Defense Authorization Act for Fiscal Year 1991 4 (Public Law 101–510; 10 U.S.C. 2302 note), includ- 5 ing recommendations for improving the program in 6 terms of performance metrics, forms of assistance, 7 and overall program effectiveness not later than 8 March 31, 2022. 9 (2) CONGRESSIONAL DEFENSE COMMITTEES 10 DEFINED.—In this subsection, the term ‘‘congres- 11 sional defense committees’’ has the meaning given 12 that term in section 101(a)(16) of title 10, United 13 States Code. 14 SEC. 842. MODIFICATION OF JUSTIFICATION AND AP- 15 PROVAL REQUIREMENT FOR CERTAIN DE- 16 PARTMENT OF DEFENSE CONTRACTS. 17 (a) MODIFICATION OF JUSTIFICATION AND AP- 18 PROVAL REQUIREMENT.—Notwithstanding section 811 of 19 the National Defense Authorization Act for Fiscal Year 20 2010 (Public Law 111–84; 123 Stat. 2405)— 21 (1) no justification and approval is required 22 under such section for a sole-source contract award- 23 ed by the Department of Defense in a covered pro- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00368 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 369 •S 1790 RS curement for an amount not exceeding 1 $100,000,000; and 2 (2) for purposes of subsections (a)(2) and 3 (c)(3)(A) of such section, the appropriate official 4 designated to approve the justification for a sole- 5 source contract awarded by the Department of De- 6 fense in a covered procurement exceeding 7 $100,000,000 is the official designated in section 8 2304(f)(1)(B)(ii) of title 10, United States Code. 9 (b) GUIDANCE.—Not later than 90 days after the 10 date of the enactment of this Act, the Secretary of Defense 11 shall issue guidance to implement the authority under sub- 12 section (a). 13 (c) COMPTROLLER GENERAL REVIEW.— 14 (1) DATA TRACKING AND COLLECTION.—The 15 Department of Defense shall track the use of the au- 16 thority provided pursuant to subsection (a) and 17 make the data available to the Comptroller General 18 for purposes of the report required under paragraph 19 (2). 20 (2) REPORT.—Not later than February 1, 21 2022, the Comptroller General of the United States 22 shall submit a report to the congressional defense 23 committees on the use of the authority provided pur- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00369 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 370 •S 1790 RS suant to subsection (a) through the end of fiscal 1 year 2021. 2 Subtitle E—Provisions Related to 3 Software-Driven Capabilities 4 SEC. 851. IMPROVED MANAGEMENT OF INFORMATION 5 TECHNOLOGY AND CYBERSPACE INVEST- 6 MENTS. 7 (a) IMPROVED MANAGEMENT.— 8 (1) IN GENERAL.—The Chief Information Offi- 9 cer of the Department of Defense shall work with 10 the Chief Data Officer of the Department of De- 11 fense to optimize the Department’s process for ac- 12 counting for, managing, and reporting its informa- 13 tion technology and cyberspace investments. The op- 14 timization should include alternative methods of pre- 15 senting budget justification materials to the public 16 and congressional staff to more accurately commu- 17 nicate when, how, and with what frequency capa- 18 bility is delivered to end users, in accordance with 19 best practices for managing and reporting on infor- 20 mation technology investments. 21 (2) BRIEFING.—Not later than February 3, 22 2020, the Chief Information Officer of the Depart- 23 ment of Defense shall brief the congressional defense 24 committees on the process optimization undertaken 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00370 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 371 •S 1790 RS pursuant to paragraph (1), including any rec- 1 ommendations for legislation. 2 (b) DELIVERY OF INFORMATION TECHNOLOGY 3 BUDGET.—The Secretary of Defense shall submit to the 4 congressional defense committees the Department of De- 5 fense budget request for information technology not later 6 than 15 days after the submittal to Congress of the budget 7 of the President for a fiscal year pursuant to section 1105 8 of title 31, United States Code. 9 SEC. 852. SPECIAL PATHWAYS FOR RAPID ACQUISITION OF 10 SOFTWARE APPLICATIONS AND UPGRADES. 11 (a) GUIDANCE REQUIRED.—Not later than 180 days 12 after the date of the enactment of this Act, the Secretary 13 of Defense shall establish guidance authorizing the use of 14 special pathways for the rapid acquisition of software ap- 15 plications and upgrades that are intended to be fielded 16 within one year. 17 (b) SOFTWARE ACQUISITION PATHWAYS.— 18 (1) USE OF PROVEN TECHNOLOGIES AND SOLU- 19 TIONS.—The guidance required by subsection (a) 20 shall provide for the use of proven technologies and 21 solutions to continuously engineer and deliver capa- 22 bilities in software. 23 (2) OBJECTIVES.—The objectives of using the 24 acquisition authority under this section shall be to 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00371 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 372 •S 1790 RS begin the engineering of new capabilities quickly, to 1 demonstrate viability and effectiveness of those capa- 2 bilities in operation, and to continue updating and 3 delivering new capabilities iteratively afterwards. 4 (3) TREATMENT NOT AS ACQUISITION PRO- 5 GRAM.—An acquisition using the authority under 6 this section shall not be treated as an acquisition 7 program for the purpose of section 2430 of title 10, 8 United States Code, or Department of Defense Di- 9 rective 5000.01 without the specific direction of the 10 Under Secretary of Defense for Acquisition and 11 Sustainment or a Senior Acquisition Executive. 12 (4) PATHWAYS.—The guidance shall provide for 13 the following two rapid acquisition pathways: 14 (A) APPLICATIONS.—The applications soft- 15 ware acquisition pathway shall provide for the 16 use of rapid development and implementation of 17 applications and other software and software 18 improvements running on commercial com- 19 modity hardware (including modified hardware) 20 operated by the Department of Defense. 21 (B) EMBEDDED SYSTEMS.—The embedded 22 systems software acquisition pathway shall pro- 23 vide for the rapid development and insertion of 24 upgrades and improvements for software em- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00372 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 373 •S 1790 RS bedded in weapon systems and other military- 1 unique hardware systems. 2 (c) EXPEDITED PROCESS.— 3 (1) IN GENERAL.—The guidance required by 4 subsection (a) shall provide for a streamlined and 5 coordinated requirements, budget, and acquisition 6 process that results in the rapid fielding of software 7 applications and software upgrades to embedded sys- 8 tems in a period of not more than one year from the 9 time that the process is initiated. It shall also re- 10 quire the collection of data on the version fielded 11 and continuous engagement with the users of that 12 software, so as to enable engineering and delivery of 13 additional versions in periods of not more than one 14 year each. 15 (2) EXPEDITED SOFTWARE REQUIREMENTS 16 PROCESS.— 17 (A) INAPPLICABILITY OF EXISTING GUID- 18 ANCE.—Software acquisitions conducted under 19 the authority of this provision shall not be sub- 20 ject to the Joint Capabilities Integration and 21 Development System (JCIDS) Manual and De- 22 partment of Defense Directive 5000.01, except 23 to the extent specifically provided in the guid- 24 ance required under subsection (a) or by the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00373 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 374 •S 1790 RS Under Secretary of Defense for Acquisition and 1 Sustainment or a Senior Acquisition Executive. 2 (B) REQUIREMENTS.—The guidance re- 3 quired by subsection (a) shall provide the fol- 4 lowing with respect to requirements: 5 (i) Requirements for covered acquisi- 6 tions are developed on an iterative basis 7 through engagement with the user commu- 8 nity, and the use of user feedback in order 9 to regularly define and set priorities for 10 software requirements and evaluate the 11 software capabilities acquired. 12 (ii) The requirements process begins 13 with the identification of the warfighter or 14 user need, including the rationale for how 15 these software capabilities will support in- 16 creased lethality and efficiency, and the 17 identification of a relevant user commu- 18 nity. 19 (iii) Initial contract requirements are 20 stated in the form of a summary-level list 21 of problems and shortcomings in existing 22 software systems and desired features or 23 capabilities of new or upgraded software 24 systems. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00374 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 375 •S 1790 RS (iv) Contract requirements are con- 1 tinuously refined and set in priority order 2 in an evolutionary process through discus- 3 sions with users that may continue 4 throughout the development and implemen- 5 tation period. 6 (v) Issues related to lifecycle costs and 7 systems interoperability are continuously 8 considered. 9 (vi) Issues of logistics support in cases 10 where the software developer may stop 11 supporting the software system are ad- 12 dressed. 13 (vii) Rapid contracting procedures, to 14 include timeframes for award, contract 15 types, teaming, and options. 16 (viii) Execution processes, including 17 supporting development and test infra- 18 structure, automation and tools, data col- 19 lection and sharing, the role of develop- 20 mental and operational testing activities, 21 and key decisionmaking and oversight 22 events, and supporting processes and ac- 23 tivities such as independent costing activ- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00375 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 376 •S 1790 RS ity, operational demonstration, and per- 1 formance metrics. 2 (ix) Administrative procedures, includ- 3 ing procedures related to the roles and re- 4 sponsibilities of the implementing project 5 or product teams and supporting activities, 6 team selection and staffing process, over- 7 sight roles and responsibilities, and appro- 8 priate independent technology assessments, 9 testing, and cost estimation, including rel- 10 evant thresholds or designation criteria. 11 (x) Mechanisms and waivers designed 12 to ensure flexibility in the implementation 13 of the authority, including the use of other 14 transaction authority, broad agency an- 15 nouncements, and other procedures. 16 Subtitle F—Other Matters 17 SEC. 861. NOTIFICATION OF NAVY PROCUREMENT PRODUC- 18 TION DISRUPTIONS. 19 (a) IN GENERAL.—Chapter 137 of title 10, United 20 States Code, is amended by adding at the end the fol- 21 lowing new section: 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 377 •S 1790 RS ‘‘§ 2339b. Notification of Navy procurement produc- 1 tion disruptions 2 ‘‘(a) REQUIREMENT FOR CONTRACTOR TO PROVIDE 3 NOTICE OF DELAYS.—The Secretary of the Navy shall re- 4 quire prime contractors of any Navy procurement program 5 to report within 15 calendar days any stop work order or 6 other manufacturing disruption of 15 calendar days or 7 more, by the prime contractor or any sub-contractor, to 8 the respective program manager and Navy technical au- 9 thority. 10 ‘‘(b) QUARTERLY REPORTS.—The Secretary of the 11 Navy shall submit to the congressional defense committees 12 not later than 15 calendar days after the end of each quar- 13 ter of a fiscal year a report listing all notifications made 14 pursuant to subsection (a) during the preceding quarter.’’. 15 (b) CLERICAL AMENDMENT.—The table of sections 16 at the beginning of chapter 137 of title 10, United States 17 Code, is amended by inserting after the item relating to 18 section 2339a the following new item: 19 ‘‘2339b. Notification of Navy procurement production disruptions.’’. SEC. 862. MODIFICATION TO ACQUISITION AUTHORITY OF 20 THE COMMANDER OF THE UNITED STATES 21 CYBER COMMAND. 22 Section 807 of the National Defense Authorization 23 Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 24 2224 note) is amended by inserting ‘‘on new contract ef- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 378 •S 1790 RS forts’’ after ‘‘may not obligate or expend more than 1 $75,000,000’’. 2 SEC. 863. PROHIBITION ON OPERATION OR PROCUREMENT 3 OF FOREIGN-MADE UNMANNED AIRCRAFT 4 SYSTEMS. 5 (a) PROHIBITION ON AGENCY OPERATION OR PRO- 6 CUREMENT.—The Secretary of Defense may not operate 7 or enter into or renew a contract for the procurement of— 8 (1) a covered unmanned aircraft system that— 9 (A) is manufactured in a covered foreign 10 country or by an entity domiciled in a covered 11 foreign country; 12 (B) uses flight controllers, radios, data 13 transmission devices, cameras, or gimbals man- 14 ufactured in a covered foreign country or by an 15 entity domiciled in a covered foreign country; 16 (C) uses a ground control system or oper- 17 ating software developed in a covered foreign 18 country or by an entity domiciled in a covered 19 foreign country; or 20 (D) uses network connectivity or data stor- 21 age located in or administered by an entity 22 domiciled in a covered foreign country; or 23 (2) a system manufactured in a covered foreign 24 country or by an entity domiciled in a covered for- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00378 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 379 •S 1790 RS eign country for the detection or identification of 1 covered unmanned aircraft systems. 2 (b) EXEMPTION.—The Secretary of Defense is ex- 3 empt from the restriction under subsection (a) if the oper- 4 ation or procurement is for the purposes of— 5 (1) Counter-UAS surrogate testing and train- 6 ing; or 7 (2) intelligence, electronic warfare, and infor- 8 mation warfare operations, testing, analysis, and 9 training. 10 (c) WAIVER.—The Secretary of Defense may waive 11 the restriction under subsection (a) on a case by case basis 12 by certifying in writing to the congressional defense com- 13 mittees that the operation or procurement is required in 14 the national interest of the United States. 15 (d) DEFINITIONS.—In this section: 16 (1) COVERED FOREIGN COUNTRY.—The term 17 ‘‘covered foreign country’’ means the People’s Re- 18 public of China. 19 (2) COVERED UNMANNED AIRCRAFT SYSTEM.— 20 The term ‘‘covered unmanned aircraft system’’ 21 means an unmanned aircraft system and any related 22 services and equipment. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00379 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 380 •S 1790 RS SEC. 864. PROHIBITION ON CONTRACTING WITH PERSONS 1 THAT HAVE BUSINESS OPERATIONS WITH 2 THE MADURO REGIME. 3 (a) PROHIBITION.—Except as provided under sub- 4 sections (c), (d), and (e), the Department of Defense may 5 not enter into a contract for the procurement of goods 6 or services with any person that has business operations 7 with an authority of the Government of Venezuela that 8 is not recognized as the legitimate Government of Ven- 9 ezuela by the United States Government. 10 (b) DEFINITIONS.—In this section: 11 (1) BUSINESS OPERATIONS.—The term ‘‘busi- 12 ness operations’’ means engaging in commerce in 13 any form, including acquiring, developing, maintain- 14 ing, owning, selling, possessing, leasing, or operating 15 equipment, facilities, personnel, products, services, 16 personal property, real property, or any other appa- 17 ratus of business or commerce. 18 (2) GOVERNMENT OF VENEZUELA.—(A) The 19 term ‘‘Government of Venezuela’’ includes the gov- 20 ernment of any political subdivision of Venezuela, 21 and any agency or instrumentality of the Govern- 22 ment of Venezuela. 23 (B) For purposes of subparagraph (A), the 24 term ‘‘agency or instrumentality of the Government 25 of Venezuela’’ means an agency or instrumentality 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00380 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 381 •S 1790 RS of a foreign state as defined in section 1603(b) of 1 title 28, United States Code, with each reference in 2 such section to ‘‘a foreign state’’ deemed to be a ref- 3 erence to ‘‘Venezuela’’. 4 (3) PERSON.—The term ‘‘person’’ means— 5 (A) a natural person, corporation, com- 6 pany, business association, partnership, society, 7 trust, or any other nongovernmental entity, or- 8 ganization, or group; 9 (B) any governmental entity or instrumen- 10 tality of a government, including a multilateral 11 development institution (as defined in section 12 1701(c)(3) of the International Financial Insti- 13 tutions Act (22 U.S.C. 262r(c)(3))); and 14 (C) any successor, subunit, parent entity, 15 or subsidiary of, or any entity under common 16 ownership or control with, any entity described 17 in subparagraph (A) or (B). 18 (c) EXCEPTIONS.— 19 (1) IN GENERAL.—The prohibition under sub- 20 section (a) does not apply to a contract that the Sec- 21 retary of Defense determines— 22 (A) is necessary— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00381 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 382 •S 1790 RS (i) for purposes of providing humani- 1 tarian assistance to the people of Ven- 2 ezuela; 3 (ii) for purposes of providing disaster 4 relief and other urgent life-saving meas- 5 ures; 6 (iii) to carry out noncombatant evacu- 7 ations; or 8 (iv) to carry out stabilization activi- 9 ties; or 10 (B) is vital to the national security inter- 11 ests of the United States. 12 (2) NOTIFICATION REQUIREMENT.—The Sec- 13 retary of Defense shall notify the congressional de- 14 fense committees of any contract entered into on the 15 basis of an exception provided for under paragraph 16 (1). 17 (d) OFFICE OF FOREIGN ASSETS CONTROL LI- 18 CENSES.—The prohibition in subsection (a) shall not 19 apply to a person that has a valid license to operate in 20 Venezuela issued by the Office of Foreign Assets Control. 21 (e) AMERICAN DIPLOMATIC MISSION IN VEN- 22 EZUELA.—The prohibition in subsection (a) shall not 23 apply to contracts related to the operation and mainte- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 383 •S 1790 RS nance of the United States Government’s consular offices 1 and diplomatic posts in Venezuela. 2 (f) APPLICABILITY.—This section shall apply with re- 3 spect to any contract entered into on or after the date 4 of the enactment of this section. 5 SEC. 865. COMPTROLLER GENERAL OF THE UNITED 6 STATES REPORT ON DEPARTMENT OF DE- 7 FENSE EFFORTS TO COMBAT HUMAN TRAF- 8 FICKING THROUGH PROCUREMENT PRAC- 9 TICES. 10 (a) IN GENERAL.—Not later than one year after the 11 date of the enactment of this Act, the Comptroller General 12 of the United States shall submit to the appropriate con- 13 gressional committees a report on Department of Defense 14 efforts to combat human trafficking. 15 (b) ELEMENTS.—The report required under sub- 16 section (a) shall evaluate— 17 (1) the efforts of the Department of Defense to 18 combat human trafficking in its contracting and 19 supply chain policy, regulation, and practices, to in- 20 clude implementation of title XVII of the National 21 Defense Authorization Act for Fiscal Year 2013 22 (Public Law 112–239; 126 Stat. 2092) and Execu- 23 tive Order 13627 (77 Fed. Reg. 60029), as well as 24 the nature and extent of training for Department of 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00383 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 384 •S 1790 RS Defense contract officers on how to evaluate compli- 1 ance plans, monitor contractor adherence to the 2 plans, and respond to reports of noncompliance; 3 (2) the role of the current trafficking in per- 4 son’s office within the Department of Defense in 5 helping the Department address all forms of human 6 trafficking, and what, if any, improvements should 7 be made to the office; 8 (3) the process used by contract officers to 9 evaluate compliance plans with regards to preventing 10 human trafficking; and 11 (4) how many instances of human trafficking 12 have been reported to the Inspector General of the 13 Department of Defense and the outcome of those 14 cases. 15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 16 FINED.—In this section , the term ‘‘appropriate congres- 17 sional committees’’ means— 18 (1) the Committee on Armed Services and the 19 Committee on the Judiciary of the Senate; and 20 (2) the Committee on Armed Services and the 21 Committee on the Judiciary of the House of Rep- 22 resentatives. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00384 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 385 •S 1790 RS TITLE IX—DEPARTMENT OF DE- 1 FENSE ORGANIZATION AND 2 MANAGEMENT 3 Subtitle A—Office of the Secretary 4 of Defense and Related Matters 5 SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPART- 6 MENT OF DEFENSE MATTERS. 7 (a) ASSESSMENT AND REFORM OF ENTERPRISE 8 BUSINESS OPERATIONS.—Subsection (b) of section 921 of 9 the John S. McCain National Defense Authorization Act 10 for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 11 2222 note) is amended to read as follows: 12 ‘‘(b) ASSESSMENT AND REFORM OF ENTERPRISE 13 BUSINESS OPERATIONS.— 14 ‘‘(1) PERIODIC ASSESSMENTS AND ACTIONS.— 15 Not later than January 1, 2020, and not less fre- 16 quently than once every five years thereafter, the 17 Secretary of Defense shall, acting through the Chief 18 Management Officer of the Department of De- 19 fense— 20 ‘‘(A) assess enterprise business operations 21 of the Department of Defense across all organi- 22 zations and elements of the Department; and 23 ‘‘(B) take or direct the taking of such ac- 24 tions as will minimize the duplication of efforts 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 386 •S 1790 RS and maximize efficiency and effectiveness in 1 mission execution. 2 ‘‘(2) CMO REPORTS.—Not later than January 3 1 of every fifth calendar year beginning with Janu- 4 ary 1, 2025, the Chief Management Officer shall 5 submit to the congressional defense committees a re- 6 port that describes the assessments carried out and 7 the actions taken by the Chief Management Officer, 8 and by other officers or employees of the Depart- 9 ment at the direction of the Chief Management Of- 10 fice, under this subsection during the preceding five 11 years, including the following: 12 ‘‘(A) A description of the metrics for per- 13 formance relating to minimization of duplica- 14 tion of efforts and maximization of efficiency 15 and effectiveness in mission execution estab- 16 lished for applicable organizations and elements 17 of the Department. 18 ‘‘(B) A certification of any costs avoided or 19 cost savings achieved as a result of such assess- 20 ments and actions.’’. 21 (b) REPORT ON MILITARY AND CIVILIAN PER- 22 SONNEL FOR THE NGB AND NATIONAL GUARD JOINT 23 STAFF.—Not later than January 1, 2020, the Secretary 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 387 •S 1790 RS of Defense shall submit to the congressional defense com- 1 mittees a report setting forth the following: 2 (1) The total number of members of the Armed 3 Forces and civilian employees of the Department of 4 Defense assigned to the Office of the Chief of the 5 National Guard Bureau and the National Guard 6 Joint Staff. 7 (2) A recommendation for the total number of 8 members and employees required for the Office of 9 the Chief of the National Guard Bureau and the Na- 10 tional Guard Joint Staff to execute the missions and 11 functions of the National Guard Bureau and the Na- 12 tional Guard Joint Staff. 13 (c) REPEAL OF SUPERSEDED LIMITATIONS.—The 14 following provisions are repealed: 15 (1) Section 601 of the Goldwater-Nichols De- 16 partment of Defense Reorganization Act of 1986 (10 17 U.S.C. 194 note). 18 (2) Section 1111 of the Duncan Hunter Na- 19 tional Defense Authorization Act for Fiscal Year 20 2009 (10 U.S.C. 143 note). 21 (d) MODIFICATION OF LIMITATIONS ON NUMBER OF 22 PERSONNEL IN OSD AND OTHER DOD HEAD- 23 QUARTERS.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00387 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 388 •S 1790 RS (1) OSD.—Section 143 of title 10, United 1 States Code, is amended— 2 (A) in subsection (a), by striking ‘‘3,767’’ 3 and inserting ‘‘4,000’’; and 4 (B) in subsection (b), by striking ‘‘, civil- 5 ian, and detailed personnel’’ and inserting ‘‘and 6 civilian personnel’’. 7 (2) JOINT STAFF.— 8 (A) IN GENERAL.—Section 155(h) of such 9 title is amended— 10 (i) in paragraph (1), by striking 11 ‘‘2,069’’ and inserting ‘‘2,250’’; and 12 (ii) in paragraph (2), by striking 13 ‘‘1,500’’ and inserting ‘‘1,600’’. 14 (B) EFFECTIVE DATE.—The amendments 15 made by subparagraph (A) shall take effect on 16 December 31, 2019, immediately after the com- 17 ing into effect of the amendment made by sec- 18 tion 903(b) of the National Defense Authoriza- 19 tion Act for Fiscal Year 2017 (Public Law 20 114–328; 130 Stat. 2344), to which such 21 amendments relate 22 (3) OFFICE OF SECRETARY OF THE ARMY.— 23 Section 7014(f) of title 10, United States Code, is 24 amended— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00388 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 389 •S 1790 RS (A) in paragraph (1), by striking ‘‘3,105’’ 1 and inserting ‘‘3,250’’; and 2 (B) in paragraph (2), by striking ‘‘1,865’’ 3 and inserting ‘‘1,900’’. 4 (4) OFFICE OF SECRETARY OF THE NAVY.— 5 Section 8014(f) of such title is amended— 6 (A) in paragraph (1), by striking ‘‘2,866’’ 7 and inserting ‘‘3,000’’; and 8 (B) in paragraph (2), by striking ‘‘1,720’’ 9 and inserting ‘‘1,800’’. 10 (5) OFFICE OF SECRETARY OF THE AIR 11 FORCE.—Section 9014(f) of such title is amended— 12 (A) in paragraph (1), by striking ‘‘2,639’’ 13 and inserting ‘‘2,750’’; and 14 (B) in paragraph (2), by striking ‘‘1,585’’ 15 and inserting ‘‘1,650’’. 16 (e) SUNSET OF REDUCTION IN FUNDING FOR DOD 17 HEADQUARTERS, ADMINISTRATIVE, AND SUPPORT AC- 18 TIVITIES.—Section 346 of the National Defense Author- 19 ization Act for Fiscal Year 2016 (10 U.S.C. 111 note) 20 is amended by adding at the end the following new sub- 21 section: 22 ‘‘(c) SUNSET.—No action is required under this sec- 23 tion with respect to any fiscal year after fiscal year 24 2019.’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 390 •S 1790 RS SEC. 902. RESPONSIBILITY OF UNDER SECRETARY OF DE- 1 FENSE FOR ACQUISITION AND SUSTAINMENT 2 FOR PROCUREMENT TECHNICAL ASSISTANCE 3 COOPERATIVE AGREEMENT PROGRAM. 4 (a) IN GENERAL.—Section 2411(3) of title 10, 5 United States Code, is amended by striking ‘‘Secretary of 6 Defense acting through the Director of the Defense Logis- 7 tics Agency’’ and inserting ‘‘Secretary of Defense acting 8 through the Under Secretary of Defense for Acquisition 9 and Sustainment’’. 10 (b) AUTHORITY TO PAY ADMINISTRATIVE AND 11 OTHER COSTS.—Section 2417 of title 10, United States 12 Code, is amended by striking ‘‘Director of the Defense Lo- 13 gistics Agency’’ and inserting ‘‘Under Secretary of De- 14 fense for Acquisition and Sustainment’’. 15 SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF 16 THE DEPARTMENT OF DEFENSE OF RESPON- 17 SIBILITY FOR BUSINESS SYSTEMS AND RE- 18 LATED MATTERS. 19 (a) RETURN OF RESPONSIBILITY.— 20 (1) IN GENERAL.—Section 142(b)(1) of title 21 10, United States Code, is amended by striking 22 ‘‘systems and’’ each place it appears in subpara- 23 graphs (A), (B), and (C). 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00390 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 391 •S 1790 RS (2) CONFORMING AMENDMENTS TO CMO AU- 1 THORITIES.—Section 132a(b) of such title is amend- 2 ed— 3 (A) in paragraph (2), by striking ‘‘per- 4 formance measurement and management, and 5 business information technology management 6 and improvement activities and programs’’ and 7 inserting ‘‘and performance measurement and 8 management activities and programs’’; 9 (B) by striking paragraphs (4) and (5); 10 and 11 (C) by redesignating paragraphs (6) and 12 (7) as paragraphs (4) and (5), respectively. 13 (b) CHIEF DATA OFFICER RESPONSIBILITY FOR 14 DOD DATA SETS.— 15 (1) IN GENERAL.—In addition to any other 16 functions and responsibilities specified in section 17 3520(c) of title 44, United States, Code, the Chief 18 Data Officer of the Department of Defense shall 19 also be the official in the Department of Defense 20 with principal responsibility for providing for the 21 availability of common, usable, Defense-wide data 22 sets. 23 (2) ACCESS TO ALL DOD DATA.—In order to 24 carry out the responsibility specified in paragraph 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 392 •S 1790 RS (1), the Chief Data Officer shall have access to all 1 Department of Defense data, including data in con- 2 nection with warfighting missions and back-office 3 data. 4 (3) RESPONSIBLE TO CIO.—The Chief Data Of- 5 ficer shall report directly to the Chief Information 6 Officer of the Department of Defense in the per- 7 formance of the responsibility specified in paragraph 8 (1). 9 (4) REPORT.—Not later than December 1, 10 2019, the Secretary of Defense shall submit to the 11 Committees on Armed Services of the Senate and 12 the House of Representatives a report setting forth 13 such recommendations for legislative or administra- 14 tive action as the Secretary considers appropriate to 15 carry out this subsection. 16 SEC. 904. SENIOR MILITARY ADVISOR FOR CYBER POLICY 17 AND DEPUTY PRINCIPAL CYBER ADVISOR. 18 (a) ADVISOR.— 19 (1) IN GENERAL.—The Under Secretary of De- 20 fense for Policy shall, acting through the Joint 21 Staff, designate an officer within the Office of the 22 Under Secretary of Defense for Policy to serve with- 23 in that Office as the Senior Military Advisor for 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 393 •S 1790 RS Cyber Policy, and concurrently, as the Deputy Prin- 1 cipal Cyber Advisor. 2 (2) OFFICERS ELIGIBLE FOR DESIGNATION.— 3 The officer designated pursuant to this subsection 4 shall be designated from among commissioned reg- 5 ular officers of the Armed Forces in a general or 6 flag officer grade who are qualified for designation 7 (3) GRADE.—The officer designated pursuant 8 to this subsection shall have the grade of major gen- 9 eral or rear admiral while serving in that position, 10 without vacating the officer’s permanent grade. 11 (b) SCOPE OF POSITIONS.— 12 (1) IN GENERAL.—The officer designated pur- 13 suant to subsection (a) is each of the following: 14 (A) The Senior Military Advisor for Cyber 15 Policy to the Under Secretary of Defense for 16 Policy. 17 (B) The Deputy Principal Cyber Advisor 18 to the Under Secretary of Defense for Policy. 19 (2) DIRECTION AND CONTROL AND REPORT- 20 ING.—In carrying out duties under this section, the 21 officer designed pursuant to subsection (a) shall be 22 subject to the authority, direction, and control of, 23 and shall report directly to, the following: 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00393 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 394 •S 1790 RS (A) The Under Secretary with respect to 1 Senior Military Advisor for Cyber Policy duties. 2 (B) The Principal Cyber Advisor with re- 3 spect to Deputy Principal Cyber Advisor duties. 4 (c) DUTIES.— 5 (1) DUTIES AS SENIOR MILITARY ADVISOR FOR 6 CYBER POLICY.—The duties of the officer designated 7 pursuant to subsection (a) as Senior Military Advi- 8 sor for Cyber Policy are as follows: 9 (A) To serve as the principal uniformed 10 military advisor on military cyber forces and ac- 11 tivities to the Under Secretary of Defense for 12 Policy. 13 (B) To assess and advise the Under Sec- 14 retary on aspects of policy relating to military 15 cyberspace operations, resources, personnel, 16 cyber force readiness, cyber workforce develop- 17 ment, and defense of Department of Defense 18 networks. 19 (C) To advocate, in consultation with the 20 Joint Staff, and senior officers of the Armed 21 Forces and the combatant commands, for con- 22 sideration of military issues within the Office of 23 the Under Secretary of Defense for Policy, in- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00394 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 395 •S 1790 RS cluding coordination and synchronization of De- 1 partment cyber forces and activities. 2 (D) To maintain open lines of communica- 3 tion between the Chief Information Officer of 4 the Department of Defense, senior civilian lead- 5 ers within the Office of the Under Secretary, 6 and senior officers on the Joint Staff, the 7 Armed Forces, and the combatant commands 8 on cyber matters, and to ensure that military 9 leaders are informed on cyber policy decisions. 10 (2) DUTIES AS DEPUTY PRINCIPAL CYBER AD- 11 VISOR.—The duties of the officer designated pursu- 12 ant to subsection (a) as Deputy Principal Cyber Ad- 13 visor are as follows: 14 (A) To synchronize, coordinate, and over- 15 see implementation of the Cyber Strategy of the 16 Department of Defense and other relevant pol- 17 icy and planning. 18 (B) To advise the Secretary of Defense on 19 cyber programs, projects, and activities of the 20 Department, including with respect to policy, 21 training, resources, personnel, manpower, and 22 acquisitions and technology. 23 (C) To oversee implementation of Depart- 24 ment policy and operational directives on cyber 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 396 •S 1790 RS programs, projects, and activities, including 1 with respect to resources, personnel, manpower, 2 and acquisitions and technology. 3 (D) To assist in the overall supervision of 4 Department cyber activities relating to offensive 5 missions. 6 (E) To assist in the overall supervision of 7 Department defensive cyber operations, includ- 8 ing activities of component-level cybersecurity 9 service providers and the integration of such ac- 10 tivities with activities of the Cyber Mission 11 Force. 12 (F) To advise senior leadership of the De- 13 partment on, and advocate for, investment in 14 capabilities to execute Department missions in 15 and through cyberspace. 16 (G) To identify shortfalls in capabilities to 17 conduct Department missions in and through 18 cyberspace, and make recommendations on ad- 19 dressing such shortfalls in the Program Budget 20 Review process. 21 (H) To coordinate and consult with stake- 22 holders in the cyberspace domain across the De- 23 partment in order to identify other issues on 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00396 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 397 •S 1790 RS cyberspace for the attention of senior leadership 1 of the Department. 2 (I) On behalf of the Principal Cyber Advi- 3 sor, to lead the cross-functional team estab- 4 lished pursuant to 932(c)(3) of the National 5 Defense Authorization Act for Fiscal Year 2014 6 (10 U.S.C. 2224 note) in order to synchronize 7 and coordinate military and civilian cyber forces 8 and activities of the Department. 9 SEC. 905. LIMITATION ON TRANSFER OF STRATEGIC CAPA- 10 BILITIES OFFICE. 11 (a) LIMITATION.—The Under Secretary of Defense 12 for Research and Engineering may not transfer the Stra- 13 tegic Capabilities Office or change the reporting structure 14 of the Office, as in effect on the day before the date of 15 the enactment of this Act, until the Secretary of Defense, 16 acting through the Chief Management Officer and the 17 Under Secretary of Defense for Research and Engineering 18 and in consultation with the United States Indo-Pacific, 19 Europe, and Special Operations Command, submits the 20 report required by subsection (b)(1). 21 (b) REPORT.— 22 (1) IN GENERAL.—The Secretary shall submit 23 to the congressional defense committees a report 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00397 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 398 •S 1790 RS that evaluates the following options for transferring 1 the Office: 2 (A) Transferring the Office so that the Di- 3 rector of the Office reports directly to the 4 Under Secretary of Defense for Acquisition and 5 Sustainment. 6 (B) Maintaining the arrangement in effect 7 on the day before the date of the enactment of 8 this Act such that the Director continues to re- 9 port to the Under Secretary of Defense for Re- 10 search and Engineering. 11 (C) Transferring the Office to the Defense 12 Advanced Research Projects Agency. 13 (D) Such other options as the Under Sec- 14 retary may identify. 15 (2) CONTENTS.—The report submitted under 16 paragraph (1) shall include, for each option evalu- 17 ated under such paragraph, an evaluation of whether 18 the option considered will provide for— 19 (A) responding to the critical needs of 20 combatant commanders; 21 (B) augmentation of cross-Department of 22 Defense efforts with respect to developing stra- 23 tegic capabilities; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00398 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 399 •S 1790 RS (C) developing new and innovative ways to 1 counter advanced threats; 2 (D) providing sound technical and program 3 management for activities of the Strategic Ca- 4 pabilities Office; 5 (E) coordinating appropriately with other 6 research and technology development activities 7 of the Department; and 8 (F) partnering with and responding to sen- 9 ior leadership across the Department. 10 Subtitle B—Organization and Man- 11 agement of Other Department of 12 Defense Offices and Elements 13 SEC. 911. ASSISTANT SECRETARIES OF THE MILITARY DE- 14 PARTMENTS FOR ENERGY, INSTALLATIONS, 15 AND ENVIRONMENT. 16 (a) ASSISTANT SECRETARY OF THE ARMY.—Section 17 7016(b) of title 10, United States Code, is amended by 18 adding at the end the following new paragraph: 19 ‘‘(6) One of the Assistant Secretaries shall be the As- 20 sistant Secretary of the Army for Energy, Installations, 21 and Environment.’’. 22 (b) ASSISTANT SECRETARY OF THE NAVY.—Section 23 8016(b) of such title is amended by adding at the end 24 the following new paragraph: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00399 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 400 •S 1790 RS ‘‘(5) One of the Assistant Secretaries shall be the As- 1 sistant Secretary of the Navy for Energy, Installations, 2 and Environment.’’. 3 (c) ASSISTANT SECRETARY OF THE AIR FORCE.— 4 Section 9016(b) of such title is amended by adding at the 5 end the following new paragraph: 6 ‘‘(5) One of the Assistant Secretaries shall be the As- 7 sistant Secretary of the Air Force for Energy, Installa- 8 tions, and Environment.’’. 9 SEC. 912. REPEAL OF CONDITIONAL DESIGNATION OF EX- 10 PLOSIVE ORDNANCE DISPOSAL CORPS AS A 11 BASIC BRANCH OF THE ARMY. 12 Section 582 of the National Defense Authorization 13 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 14 1415) is repealed, and the amendment otherwise provided 15 for by subsection (a) of that section shall not be made. 16 Subtitle C—Other Matters 17 SEC. 921. EXCLUSION FROM LIMITATIONS ON PERSONNEL 18 IN THE OFFICE OF THE SECRETARY OF DE- 19 FENSE AND DEPARTMENT OF DEFENSE 20 HEADQUARTERS OF FELLOWS APPOINTED 21 UNDER THE JOHN S. MCCAIN DEFENSE FEL- 22 LOWS PROGRAM. 23 Section 932(f)(3) of the John S. McCain National 24 Defense Authorization Act for Fiscal Year 2019 (Public 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 401 •S 1790 RS Law 115–232; 132 Stat. 1935; 10 U.S.C. prec. 1580 note) 1 is amended by adding at the end the following new sen- 2 tence: ‘‘An individual appointed pursuant to this para- 3 graph shall not count against the limitation on the number 4 of Office of the Secretary of Defense personnel in section 5 143 of title 10, United States Code, or any similar limita- 6 tion in law on the number of personnel in headquarters 7 of the Department that would otherwise apply to the office 8 or headquarters to which appointed.’’. 9 SEC. 922. REPORT ON RESOURCES TO IMPLEMENT THE CI- 10 VILIAN CASUALTY POLICY OF THE DEPART- 11 MENT OF DEFENSE. 12 Not later than 30 days after the date of the enact- 13 ment of this Act, the Secretary of Defense shall submit 14 to the congressional defense committees a report, in un- 15 classified form, on the resources necessary over the period 16 of the future-years defense plan for fiscal year 2020 under 17 section 221 of title United States Code, to fulfill the re- 18 quirements of section 936 of the John S. McCain National 19 Defense Authorization Act for Fiscal Year 2019 (Public 20 Law 115–232l 132 Stat. 1939; 10 U.S.C. 134 note) and 21 fully implement policies developed as a result of such sec- 22 tion. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 402 •S 1790 RS TITLE X—GENERAL PROVISIONS 1 Subtitle A—Financial Matters 2 SEC. 1001. GENERAL TRANSFER AUTHORITY. 3 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 4 (1) AUTHORITY.—Upon determination by the 5 Secretary of Defense that such action is necessary in 6 the national interest, the Secretary may transfer 7 amounts of authorizations made available to the De- 8 partment of Defense in this division for fiscal year 9 2020 between any such authorizations for that fiscal 10 year (or any subdivisions thereof). Amounts of au- 11 thorizations so transferred shall be merged with and 12 be available for the same purposes as the authoriza- 13 tion to which transferred. 14 (2) LIMITATION.—Except as provided in para- 15 graph (3), the total amount of authorizations that 16 the Secretary may transfer under the authority of 17 this section may not exceed $4,000,000,000. 18 (3) EXCEPTION FOR TRANSFERS BETWEEN 19 MILITARY PERSONNEL AUTHORIZATIONS.—A trans- 20 fer of funds between military personnel authoriza- 21 tions under title IV shall not be counted toward the 22 dollar limitation in paragraph (2). 23 (b) LIMITATIONS.—The authority provided by sub- 24 section (a) to transfer authorizations— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00402 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 403 •S 1790 RS (1) may only be used to provide authority for 1 items that have a higher priority than the items 2 from which authority is transferred; and 3 (2) may not be used to provide authority for an 4 item that has been denied authorization by Con- 5 gress. 6 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 7 transfer made from one account to another under the au- 8 thority of this section shall be deemed to increase the 9 amount authorized for the account to which the amount 10 is transferred by an amount equal to the amount trans- 11 ferred. 12 (d) NOTICE TO CONGRESS.—The Secretary shall 13 promptly notify Congress of each transfer made under 14 subsection (a). 15 SEC. 1002. MODIFICATION OF REQUIRED ELEMENTS OF AN- 16 NUAL REPORTS ON EMERGENCY AND EX- 17 TRAORDINARY EXPENSES OF THE DEPART- 18 MENT OF DEFENSE. 19 Paragraph (2) of section 127(d) of title 10, United 20 States Code, is amended to read as follows: 21 ‘‘(2) Each report submitted under paragraph (1) 22 shall include, for each individual expenditure covered by 23 such report in an amount in excess of $20,000, the fol- 24 lowing: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00403 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 404 •S 1790 RS ‘‘(A) A detailed description of the purpose of 1 such expenditure. 2 ‘‘(B) The amount of such expenditure. 3 ‘‘(C) An identification of the approving author- 4 ity for such expenditure. 5 ‘‘(D) A justification why other authorities avail- 6 able to the Department could not be used for such 7 expenditure. 8 ‘‘(E) Any other matters the Secretary considers 9 appropriate.’’. 10 SEC. 1003. INCLUSION OF MILITARY CONSTRUCTION 11 PROJECTS IN ANNUAL REPORTS ON UN- 12 FUNDED PRIORITIES OF THE ARMED FORCES 13 AND THE COMBATANT COMMANDS. 14 (a) INCLUSION OF MILITARY CONSTRUCTION 15 PROJECTS AMONG UNFUNDED PRIORITIES.—Subsection 16 (d) of section 222a of title 10, United States Code, is 17 amended in the matter preceding paragraph (1) by insert- 18 ing ‘‘, including a military construction project,’’ after 19 ‘‘program, activity, or mission requirement’’. 20 (b) ORDER OF URGENCY OF PRIORITY.—Paragraph 21 (2) of subsection (c) of such section is amended to read 22 as follows: 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00404 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 405 •S 1790 RS ‘‘(2) PRIORITIZATION OF PRIORITIES.—Each 1 report shall present the unfunded priorities covered 2 by such report as follows: 3 ‘‘(A) In overall order of urgency of pri- 4 ority. 5 ‘‘(B) In overall order of urgency of priority 6 among unfunded priorities (other than military 7 construction projects). 8 ‘‘(C) In overall order of urgency of priority 9 among military construction projects.’’. 10 SEC. 1004. PROHIBITION ON DELEGATION OF RESPONSI- 11 BILITY FOR SUBMITTAL TO CONGRESS OF 12 OUT-YEAR UNCONSTRAINED TOTAL MUNI- 13 TIONS REQUIREMENTS AND OUT-YEAR IN- 14 VENTORY NUMBERS. 15 Section 222c of title 10, United States Code, is 16 amended— 17 (1) in subsection (a), by striking ‘‘subsection 18 (b)’’ and inserting ‘‘subsection (c)’’; 19 (2) by redesignating subsections (b), (c), and 20 (d) as subsections (c), (d), and (e), respectively; 21 (3) by inserting after subsection (a) the fol- 22 lowing new subsection (b): 23 ‘‘(b) PROHIBITION ON DELEGATION OF SUBMITTAL 24 RESPONSIBILITY.—The responsibility of the chief of staff 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00405 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 406 •S 1790 RS of an armed force in subsection (a) to submit a report 1 may not be delegated outside the armed force concerned.’’; 2 and 3 (4) in subsection (c), as redesignated by para- 4 graph (2), by striking ‘‘subsection (c)’’ in paragraph 5 (6) and inserting ‘‘subsection (d)’’. 6 SEC. 1005. ELEMENT IN ANNUAL REPORTS ON THE FINAN- 7 CIAL IMPROVEMENT AND AUDIT REMEDI- 8 ATION PLAN ON ACTIVITIES WITH RESPECT 9 TO CLASSIFIED PROGRAMS. 10 Section 240b(b)(1) of title 10, United States Code, 11 is amended— 12 (1) in subparagraph (B), by adding at the end 13 the following new clause: 14 ‘‘(ix) A description of audit activities 15 and results for classified programs, includ- 16 ing a description of the use of procedures 17 and requirements to prevent unauthorized 18 exposure of classified information in such 19 activities.’’; and 20 (2) in subparagraph (C)(i), by inserting ‘‘or 21 (ix)’’ after ‘‘clause (vii)’’. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00406 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 407 •S 1790 RS SEC. 1006. MODIFICATION OF SEMIANNUAL BRIEFINGS ON 1 THE CONSOLIDATED CORRECTIVE ACTION 2 PLAN OF THE DEPARTMENT OF DEFENSE 3 FOR FINANCIAL MANAGEMENT INFORMA- 4 TION. 5 (a) IN GENERAL.—Paragraph (2) of section 240b(b) 6 of title 10, United States Code, is amended to read as 7 following: 8 ‘‘(2) SEMIANNUAL BRIEFINGS.— 9 ‘‘(A) IN GENERAL.—Not later than Feb- 10 ruary 28 and September 30 each year, the 11 Under Secretary of Defense (Comptroller) and 12 the comptrollers of the military departments 13 shall provide a briefing to the congressional de- 14 fense committees on the status of the consoli- 15 dated corrective action plan referred to in para- 16 graph (1)(B)(i) as of the end of the most recent 17 calendar half-year ending before such briefing. 18 ‘‘(B) ELEMENTS.—Each briefing under 19 subparagraph (A) shall include the following: 20 ‘‘(i) The absolute number, and the 21 percentage, of personnel performing the 22 amount of auditing or audit remediation 23 services being performed by professionals 24 meeting the qualifications described in sec- 25 tion 240d(b) of this title as of the last day 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 408 •S 1790 RS of the calendar half-year covered by such 1 briefing. 2 ‘‘(ii) With respect to each finding and 3 recommendation issued in connection with 4 the audit of the financial statements of a 5 department, agency, component, or other 6 element of the Department of Defense, or 7 the Department of Defense as a whole, 8 that was received by the Department dur- 9 ing the calendar half-year covered by such 10 briefing, each of the following: 11 ‘‘(I) A description of the manner 12 in which the corrective action plan of 13 such department, agency, component, 14 or element and the corrective action 15 plan of the Department as a whole, or 16 the corrective action plan of the De- 17 partment as a whole (in the case of a 18 finding or recommendation regarding 19 the Department as a whole), has been 20 modified in order to incorporate such 21 finding or recommendation into such 22 plans or plan. 23 ‘‘(II) An identification of the 24 processes, systems, procedures, and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00408 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 409 •S 1790 RS technologies required to implement 1 such corrective action plans or plan, 2 as so modified. 3 ‘‘(III) A determination of the 4 funds required to procure, obtain, or 5 otherwise implement each process, 6 system, and technology identified pur- 7 suant to subclause (II). 8 ‘‘(IV) An identification the man- 9 ner in which such corrective action 10 plans or plan, as so modified, support 11 the National Defense Strategy (NDS) 12 of the United States.’’. 13 (b) TECHNICAL AMENDMENT.—Paragraph (1)(B)(i) 14 of such section is amended by striking ‘‘section 253a’’ and 15 inserting ‘‘section 240c’’. 16 (c) EFFECTIVE DATE.—The amendment made by 17 subsection (a) shall take effect on the date of the enact- 18 ment of this Act, and shall apply with respect to calender 19 half-years that end on or after that date. 20 SEC. 1007. UPDATE OF AUTHORITIES AND RENAMING OF 21 DEPARTMENT OF DEFENSE ACQUISITION 22 WORKFORCE DEVELOPMENT FUND. 23 (a) RENAMING AS ACCOUNT.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00409 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 410 •S 1790 RS (1) IN GENERAL.—Section 1705 of title 10, 1 United States Code, is amended— 2 (A) in subsection (a), by striking ‘‘the ‘De- 3 partment of Defense Acquisition Workforce De- 4 velopment Fund’ (in this section referred to as 5 the ‘Fund’)’’ and inserting ‘‘the ‘Department of 6 Defense Acquisition Workforce Development 7 Account’ (in this section referred to as the ‘Ac- 8 count’)’’; and 9 (B) by striking ‘‘Fund’’ each place it ap- 10 pears (other than subsection (e)(6)) and insert- 11 ing ‘‘Account’’. 12 (2) CONFORMING AND CLERICAL AMEND- 13 MENTS.— 14 (A) SECTION HEADING.—The heading of 15 such section is amended to read as follows: 16 ‘‘§ 1705. Department of Defense Acquisition Work- 17 force Development Account’’. 18 (B) CLERICAL AMENDMENT.—The table of 19 sections at the beginning of subchapter I of 20 chapter 87 of such title is amended by striking 21 the item relating to section 1705 and inserting 22 the following new item: 23 ‘‘1705. Department of Defense Acquisition Workforce Development Account.’’. (b) MANAGEMENT.—Such section is further amended 24 by striking ‘‘Under Secretary of Defense for Acquisition, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00410 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 411 •S 1790 RS Technology, and Logistics’’ each place it appears and in- 1 serting ‘‘Under Secretary of Defense for Acquisition and 2 Sustainment’’. 3 (c) APPROPRIATIONS AS SOLE ELEMENTS OF AC- 4 COUNT.—Subsection (d) of such section is amended to 5 read as follows: 6 ‘‘(d) ELEMENTS.—The Account shall consist of 7 amounts appropriated to the Account by law.’’. 8 (d) AVAILABILITY OF AMOUNTS IN ACCOUNT.—Sub- 9 section (e)(6) of such section is amended by striking 10 ‘‘credited to the Fund’’ and all that follows and inserting 11 ‘‘appropriated to the Account pursuant to subsection (d) 12 shall remain available for expenditure for the fiscal year 13 in which appropriated and the succeeding fiscal year.’’. 14 (e) EFFECTIVE DATE.— 15 (1) IN GENERAL.—The amendments made by 16 this section shall take effect on October 1, 2019, 17 and shall apply with respect to fiscal years that 18 begin on or after that date. 19 (2) DURATION OF AVAILABILITY OF PRE- 20 VIOUSLY DEPOSITED FUNDS.—Nothing in the 21 amendments made by this section shall modify the 22 duration of availability of amounts in the Depart- 23 ment of Defense Acquisition Workforce Development 24 Fund that were appropriated or credited to, or de- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00411 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 412 •S 1790 RS posited, in the Fund, before October 1, 2019, as 1 provided for in section 1705(e)(6) of title 10, United 2 States Code, as in effect on the day before such 3 date. 4 Subtitle B—Counterdrug Activities 5 SEC. 1011. MODIFICATION OF AUTHORITY TO SUPPORT A 6 UNIFIED COUNTERDRUG AND COUNTERTER- 7 RORISM CAMPAIGN IN COLOMBIA. 8 Section 1021(a)(1) of the Ronald W. Reagan Na- 9 tional Defense Authorization Act for Fiscal Year 2005 10 (Public Law 108–375; 118 Stat. 2042), as most recently 11 amended by section 1011(1) of the National Defense Au- 12 thorization Act for Fiscal Year 2018 (Public Law 115– 13 91; 131 Stat. 1545), is further amended by striking ‘‘orga- 14 nizations designated as’’ and all that follows and inserting 15 ‘‘terrorist organizations or other illegally armed groups 16 that the Secretary of Defense, with the concurrence of the 17 Secretary of State, determines pose a threat to the na- 18 tional security interests of the United States.’’. 19 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00412 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 413 •S 1790 RS SEC. 1012. TWO-YEAR EXTENSION OF AUTHORITY FOR 1 JOINT TASK FORCES TO PROVIDE SUPPORT 2 TO LAW ENFORCEMENT AGENCIES CON- 3 DUCTING COUNTER-TERRORISM ACTIVITIES. 4 Section 1022(b) of the National Defense Authoriza- 5 tion Act for Fiscal Year 2004 (10 U.S.C. 271 note) is 6 amended by striking ‘‘2020’’ and inserting ‘‘2022’’. 7 Subtitle C—Naval Vessels and 8 Shipyards 9 SEC. 1016. MODIFICATION OF AUTHORITY TO PURCHASE 10 VESSELS USING FUNDS IN NATIONAL DE- 11 FENSE SEALIFT FUND. 12 (a) IN GENERAL.—Section 2218(f)(3)(E) of title 10, 13 United States Code, is amended— 14 (1) in clause (i), by striking ‘‘ten new sealift 15 vessels’’ and inserting ‘‘ten new vessels that are sea- 16 lift vessels, auxiliary vessels, or a combination of 17 such vessels’’; and 18 (2) in clause (ii), by striking ‘‘sealift’’. 19 (b) EFFECTIVE DATE.—The amendments made by 20 subsection (a) shall take effect on October 1, 2019, and 21 shall apply with respect to fiscal years beginning on or 22 after that date. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 414 •S 1790 RS SEC. 1017. SENIOR TECHNICAL AUTHORITY FOR EACH 1 NAVAL VESSEL CLASS. 2 (a) SENIOR TECHNICAL AUTHORITY FOR EACH 3 CLASS REQUIRED.—Chapter 863 of title 10, United 4 States Code, is amended by inserting after section 8669a 5 the following new section: 6 ‘‘§ 8669b. Senior Technical Authority for each naval 7 vessel class 8 ‘‘(a) SENIOR TECHNICAL AUTHORITY.— 9 ‘‘(1) DESIGNATION FOR EACH VESSEL CLASS 10 REQUIRED.—The Secretary of the Navy shall des- 11 ignate, in writing, a Senior Technical Authority for 12 each class of naval vessels as follows: 13 ‘‘(A) In the case of a class of vessels which 14 has received Milestone A approval, an approval 15 to enter into technology maturation and risk re- 16 duction, or an approval to enter into a subse- 17 quent Department of Defense or Department of 18 the Navy acquisition phase as of the date of the 19 enactment of the National Defense Authoriza- 20 tion Act for Fiscal Year 2020, not later than 21 30 days after such date of enactment. 22 ‘‘(B) In the case of any class of vessels 23 which has not received any approval described 24 in subparagraph (A) as of such date of enact- 25 ment, at or before the first of such approvals. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 415 •S 1790 RS ‘‘(2) PROHIBITION ON DELEGATION.—The Sec- 1 retary may not delegate designations under para- 2 graph (1). 3 ‘‘(3) INDIVIDUALS ELIGIBLE FOR DESIGNA- 4 TION.—Each individual designated as a Senior 5 Technical Authority under paragraph (1) shall be an 6 employee of the Navy in the Senior Executive Serv- 7 ice in an organization of the Navy that— 8 ‘‘(A) possesses the technical expertise re- 9 quired to carry out the responsibilities specified 10 in subsection (b); and 11 ‘‘(B) operates independently of chains-of- 12 command for acquisition program management. 13 ‘‘(4) TERM.—Each Senior Technical Authority 14 shall be designated for a term, not fewer than six 15 years, specified by the Secretary at the time of des- 16 ignation. 17 ‘‘(5) REMOVAL.—An individual may be removed 18 involuntarily from designation as a Senior Technical 19 Authority only by the Secretary. Not later than 15 20 days after the involuntary removal of an individual 21 from designation as a Senior Technical Authority, 22 the Secretary shall notify, in writing, the congres- 23 sional defense committees of the removal, including 24 the reasons for the removal. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 416 •S 1790 RS ‘‘(b) RESPONSIBILITIES AND AUTHORITY.—Each 1 Senior Technical Authority shall be responsible for, and 2 have the authority to, establish, monitor, and approve 3 technical standards, tools, and processes for the class of 4 naval vessels for which designated under this section in 5 conformance with applicable Department of Defense and 6 Department of the Navy policies, requirements, architec- 7 tures, and standards. 8 ‘‘(c) LIMITATION ON OBLIGATION OF FUNDS ON 9 LEAD VESSEL IN VESSEL CLASS.— 10 ‘‘(1) IN GENERAL.—On or after October 1, 11 2020, funds authorized to be appropriated for Ship- 12 building and Conversion, Navy or Other Procure- 13 ment, Navy may not be obligated for the first time 14 on the lead vessel in a class of naval vessels unless 15 the Secretary of the Navy certifies as described in 16 paragraph (2). 17 ‘‘(2) CERTIFICATION ELEMENTS.—The certifi- 18 cation on a class of naval vessels described in this 19 paragraph is a certification containing each of the 20 following: 21 ‘‘(A) The name of the individual des- 22 ignated as the Senior Technical Authority for 23 such class of vessels, and the qualifications and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 417 •S 1790 RS professional biography of the individual so des- 1 ignated. 2 ‘‘(B) A description by the Senior Technical 3 Authority of the systems engineering, tech- 4 nology, and ship integration risks for such class 5 of vessels. 6 ‘‘(C) The designation by the Senior Tech- 7 nical Authority of each critical hull, mechanical, 8 electrical, propulsion, and combat system of 9 such class of vessels, including systems relating 10 to power generation, power distribution, and 11 key operational mission areas. 12 ‘‘(D) The date on which the Senior Tech- 13 nical Authority approved the systems engineer- 14 ing, engineering development, and land-based 15 engineering and testing plans for such class of 16 vessels. 17 ‘‘(E) A description by the Senior Technical 18 Authority of the key technical knowledge objec- 19 tives and demonstrated system performance of 20 each plan approved as described in subpara- 21 graph (D). 22 ‘‘(F) A determination by the Senior Tech- 23 nical Authority that such plans are sufficient to 24 achieve thorough technical knowledge of critical 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00417 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 418 •S 1790 RS systems of such class of vessels before the start 1 of detail design and construction. 2 ‘‘(G) A determination by the Senior Tech- 3 nical Authority that actual execution of activi- 4 ties in support of such plans as of the date of 5 the certification have been and continue to be 6 effective and supportive of the acquisition 7 schedule for such class of vessels. 8 ‘‘(H) A description by the Senior Technical 9 Authority of other technology maturation and 10 risk reduction efforts not included in such plans 11 for such class of vessels taken as of the date of 12 the certification. 13 ‘‘(I) A certification by the Senior Technical 14 Authority that each critical system covered by 15 subparagraph (C) has been demonstrated 16 through testing of a prototype or identical com- 17 ponent in its final form, fit, and function in a 18 realistic environment. 19 ‘‘(J) A determination by the Secretary that 20 the plans approved as described in subpara- 21 graph (D) are fully funded and will be fully 22 funded in the future-years defense program for 23 the fiscal year beginning in the year in which 24 the certification is submitted. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00418 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 419 •S 1790 RS ‘‘(K) A determination by the Secretary 1 that the Senior Technical Authority will ap- 2 prove, in writing, the ship specification for such 3 class of vessels before the request for proposals 4 for detail design, construction, or both, as ap- 5 plicable, is released. 6 ‘‘(3) DEADLINE FOR SUBMITTAL OF CERTIFI- 7 CATION.—The certification required by this sub- 8 section with respect to a class of naval vessels shall 9 be submitted, in writing, to the congressional de- 10 fense committees not fewer than 30 days before the 11 Secretary obligates for the first time funds author- 12 ized to be appropriated for Shipbuilding and Conver- 13 sion, Navy or Other Procurement, Navy for the lead 14 vessel in such class of naval vessels. 15 ‘‘(d) DEFINITIONS.—In this section: 16 ‘‘(1) The term ‘class of naval vessels’— 17 ‘‘(A) means any group of similar undersea 18 or surface craft procured with Shipbuilding and 19 Conversion, Navy or Other Procurement, Navy 20 funds, including manned, unmanned, and op- 21 tionally-manned craft; and 22 ‘‘(B) includes— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00419 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 420 •S 1790 RS ‘‘(i) a substantially new class of craft 1 (including craft procured using ‘new start’ 2 procurement); and 3 ‘‘(ii) a class of craft undergoing a sig- 4 nificant incremental change in its existing 5 class (such as a next ‘flight’ of destroyers 6 or next ‘block’ of attack submarines). 7 ‘‘(2) The term ‘future-years defense program’ 8 has the meaning given that term in section 221 of 9 this title. 10 ‘‘(3) The term ‘Milestone A approval’ has the 11 meaning given that term in section 2431a of this 12 title.’’ 13 (b) CLERICAL AMENDMENT.—The table of sections 14 at the beginning of chapter 863 of such title is amended 15 by inserting after the item relating to section 8669a the 16 following new item: 17 ‘‘8669b. Senior Technical Authority for each naval vessel class.’’. SEC. 1018. PERMANENT AUTHORITY FOR SUSTAINING 18 OPERATIONAL READINESS OF LITTORAL 19 COMBAT SHIPS ON EXTENDED DEPLOYMENT. 20 Section 8680(a)(2) of title 10, United States Code, 21 is amended by striking subparagraph (D). 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00420 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 421 •S 1790 RS Subtitle D—Counterterrorism 1 SEC. 1021. EXTENSION OF PROHIBITION ON USE OF FUNDS 2 FOR TRANSFER OR RELEASE OF INDIVID- 3 UALS DETAINED AT UNITED STATES NAVAL 4 STATION, GUANTANAMO BAY, CUBA, TO THE 5 UNITED STATES. 6 Section 1033 of the John S. McCain National De- 7 fense Authorization Act for Fiscal Year 2019 (Public Law 8 115–232) is amended by striking ‘‘December 31, 2019’’ 9 and inserting ‘‘December 31, 2020’’. 10 SEC. 1022. EXTENSION OF PROHIBITION ON USE OF FUNDS 11 TO CONSTRUCT OR MODIFY FACILITIES IN 12 THE UNITED STATES TO HOUSE DETAINEES 13 TRANSFERRED FROM UNITED STATES NAVAL 14 STATION, GUANTANAMO BAY, CUBA. 15 Section 1034(a) of the John S. McCain National De- 16 fense Authorization Act for Fiscal Year 2019 (Public Law 17 115–232) is amended by striking ‘‘December 31, 2019’’ 18 and inserting ‘‘December 31, 2020’’. 19 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00421 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 422 •S 1790 RS SEC. 1023. EXTENSION OF PROHIBITION ON USE OF FUNDS 1 FOR TRANSFER OR RELEASE OF INDIVID- 2 UALS DETAINED AT UNITED STATES NAVAL 3 STATION, GUANTANAMO BAY, CUBA, TO CER- 4 TAIN COUNTRIES. 5 Section 1035 of the John S. McCain National De- 6 fense Authorization Act for Fiscal Year 2018 (Public Law 7 115–232) is amended by striking ‘‘December 31, 2019’’ 8 and inserting ‘‘December 31, 2020’’. 9 SEC. 1024. EXTENSION OF PROHIBITION ON USE OF FUNDS 10 TO CLOSE OR RELINQUISH CONTROL OF 11 UNITED STATES NAVAL STATION, GUANTA- 12 NAMO BAY, CUBA. 13 Section 1036 of the National Defense Authorization 14 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 15 1551), as amended by section 1032 of the John S. McCain 16 National Defense Authorization Act for Fiscal Year 2019 17 (Public Law 115–232), is further amended by striking ‘‘or 18 2019’’ and inserting ‘‘, 2019, or 2020’’. 19 SEC. 1025. AUTHORITY TO TRANSFER INDIVIDUALS DE- 20 TAINED AT UNITED STATES NAVAL STATION, 21 GUANTANAMO BAY, CUBA, TO THE UNITED 22 STATES TEMPORARILY FOR EMERGENCY OR 23 CRITICAL MEDICAL TREATMENT. 24 (a) TEMPORARY TRANSFER FOR MEDICAL TREAT- 25 MENT.—Notwithstanding section 1033 of the John S. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00422 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 423 •S 1790 RS McCain National Defense Authorization Act for Fiscal 1 Year 2019 (Public Law 115–232), or any similar provision 2 of law enacted after September 30, 2015, the Secretary 3 of Defense may, after consultation with the Secretary of 4 Homeland Security, temporarily transfer an individual de- 5 tained at Guantanamo to a Department of Defense med- 6 ical facility in the United States for the sole purpose of 7 providing the individual medical treatment if the Secretary 8 of Defense determines that— 9 (1) the medical treatment of the individual is 10 necessary to prevent death or imminent significant 11 injury or harm to the health of the individual; 12 (2) the necessary medical treatment is not 13 available to be provided at United States Naval Sta- 14 tion, Guantanamo Bay, Cuba, without incurring ex- 15 cessive and unreasonable costs; and 16 (3) the Department of Defense has provided for 17 appropriate security measures for the custody and 18 control of the individual during any period in which 19 the individual is temporarily in the United States 20 under this section. 21 (b) LIMITATION ON EXERCISE OF AUTHORITY.—The 22 authority of the Secretary of Defense under subsection (a) 23 may be exercised only by the Secretary of Defense or an- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00423 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 424 •S 1790 RS other official of the Department of Defense at the level 1 of Under Secretary of Defense or higher. 2 (c) CONDITIONS OF TRANSFER.—An individual who 3 is temporarily transferred under the authority in sub- 4 section (a) shall— 5 (1) while in the United States, remain in the 6 custody and control of the Secretary of Defense at 7 all times; and 8 (2) be returned to United States Naval Station, 9 Guantanamo Bay, Cuba, as soon as feasible after a 10 Department of Defense physician determines, in con- 11 sultation with the Commander, Joint Task Force- 12 Guantanamo Bay, Cuba, that any necessary follow- 13 up medical care may reasonably be provided the in- 14 dividual at United States Naval Station, Guanta- 15 namo Bay. 16 (d) STATUS WHILE IN UNITED STATES.—An indi- 17 vidual who is temporarily transferred under the authority 18 in subsection (a), while in the United States— 19 (1) shall be deemed at all times and in all re- 20 spects to be in the uninterrupted custody of the Sec- 21 retary of Defense, as though the individual remained 22 physically at United States Naval Station, Guanta- 23 namo Bay, Cuba; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00424 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 425 •S 1790 RS (2) shall not at any time be subject to, and may 1 not apply for or obtain, or be deemed to enjoy, any 2 right, privilege, status, benefit, or eligibility for any 3 benefit under any provision of the immigration laws 4 (as defined in section 101(a)(17) of the Immigration 5 and Nationality Act (8 U.S.C. 1101(a)(17)), or any 6 other law or regulation; 7 (3) shall not be permitted to avail himself of 8 any right, privilege, or benefit of any law of the 9 United States beyond those available to individuals 10 detained at United States Naval Station, Guanta- 11 namo Bay; and 12 (4) shall not, as a result of such transfer, have 13 a change in any designation that may have attached 14 to that detainee while detained at United States 15 Naval Station, Guantanamo Bay, pursuant to the 16 Authorization for Use of Military Force (Public Law 17 107–40), as determined in accordance with applica- 18 ble law and regulations. 19 (e) NO CAUSE OF ACTION.—Any decision to transfer 20 or not to transfer an individual made under the authority 21 in subsection (a) shall not give rise to any claim or cause 22 of action. 23 (f) LIMITATION ON JUDICIAL REVIEW.— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00425 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 426 •S 1790 RS (1) LIMITATION.—Except as provided in para- 1 graph (2), no court, justice, or judge shall have ju- 2 risdiction to hear or consider any claim or action 3 against the United States or its departments, agen- 4 cies, officers, employees, or agents arising from or 5 relating to any aspect of the detention, transfer, 6 treatment, or conditions of confinement of an indi- 7 vidual transferred under this section. 8 (2) EXCEPTION FOR HABEAS CORPUS.—The 9 United States District Court for the District of Co- 10 lumbia shall have exclusive jurisdiction to consider 11 an application for writ of habeas corpus seeking re- 12 lease from custody filed by or on behalf of an indi- 13 vidual who is in the United States pursuant to a 14 temporary transfer under the authority in subsection 15 (a). Such jurisdiction shall be limited to that re- 16 quired by the Constitution, and relief shall be only 17 as provided in paragraph (3). In such a proceeding 18 the court may not review, halt, or stay the return of 19 the individual who is the object of the application to 20 United States Naval Station, Guantanamo Bay, 21 Cuba, pursuant to subsection (c). 22 (3) RELIEF.—A court order in a proceeding 23 covered by paragraph (2)— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00426 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 427 •S 1790 RS (A) may not order the release of the indi- 1 vidual within the United States; and 2 (B) shall be limited to an order of release 3 from custody which, when final, the Secretary 4 of Defense shall implement in accordance with 5 section 1034 of the National Defense Author- 6 ization Act for Fiscal Year 2016 (10 U.S.C. 7 801 note). 8 (g) NOTIFICATION.—Whenever a temporary transfer 9 of an individual detained at Guantanamo is made under 10 the authority of subsection (a), the Secretary of Defense 11 shall notify the Committees on Armed Services of the Sen- 12 ate and the House of Representatives of the transfer not 13 later than five days after the date on which the transfer 14 is made. 15 (h) INDIVIDUAL DETAINED AT GUANTANAMO DE- 16 FINED.—In this section, the term ‘‘individual detained at 17 Guantanamo’’ means an individual located at United 18 States Naval Station, Guantanamo Bay, Cuba, as of Octo- 19 ber 1, 2009, who— 20 (1) is not a national of the United States (as 21 defined in section 101(a)(22) of the Immigration 22 and Nationality Act (8 U.S.C. 1101(a)(22)) or a 23 member of the Armed Forces of the United States; 24 and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00427 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 428 •S 1790 RS (2) is— 1 (A) in the custody or under the control of 2 the Department of Defense; or 3 (B) otherwise detained at United States 4 Naval Station, Guantanamo Bay. 5 (i) APPLICABILITY.—This section shall apply to an 6 individual temporarily transferred under the authority in 7 subsection (a) regardless of the status of any pending or 8 completed proceeding or detention on the date of the en- 9 actment of this Act. 10 SEC. 1026. CHIEF MEDICAL OFFICER AT UNITED STATES 11 NAVAL STATION, GUANTANAMO BAY, CUBA. 12 (a) CHIEF MEDICAL OFFICER.— 13 (1) IN GENERAL.—There shall be at United 14 States Naval Station, Guantanamo Bay, Cuba, a 15 Chief Medical Officer of United States Naval Sta- 16 tion, Guantanamo Bay (in this section referred to as 17 the ‘‘Chief Medical Officer’’). 18 (2) GRADE.—The individual serving as Chief 19 Medical Officer shall be an officer of the Armed 20 Forces who holds a grade not below the grade of 21 colonel, or captain in the Navy. 22 (3) CHAIN OF COMMAND.—The Chief Medical 23 Officer shall report to the Assistant Secretary of De- 24 fense for Health Affairs in the performance of duties 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00428 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 429 •S 1790 RS and the exercise of powers of the Chief Medical Offi- 1 cer under this section. 2 (b) DUTIES.— 3 (1) IN GENERAL.—The Chief Medical Officer 4 shall oversee the provision of medical care to individ- 5 uals detained at Guantanamo. 6 (2) QUALITY OF CARE.—The Chief Medical Of- 7 ficer shall ensure that medical care provided as de- 8 scribed in paragraph (1) meets applicable standards 9 of care. 10 (c) POWERS.— 11 (1) IN GENERAL.—The Chief Medical Officer 12 shall make medical determinations relating to med- 13 ical care for individuals detained at Guantanamo, in- 14 cluding— 15 (A) decisions regarding assessment, diag- 16 nosis, and treatment; and 17 (B) determinations concerning medical ac- 18 commodations to living conditions and oper- 19 ating procedures for detention facilities. 20 (2) RESOLUTION OF DECLINATION TO FOLLOW 21 DETERMINATIONS.—If the commander of Joint Task 22 Force Guantanamo declines to follow a determina- 23 tion of the Chief Medical Officer under paragraph 24 (1), the matter covered by such determination shall 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00429 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 430 •S 1790 RS be jointly resolved by the Assistant Secretary of De- 1 fense for Special Operations and Low Intensity Con- 2 flict and the Assistant Secretary of Defense for 3 Health Affairs not later than seven days after re- 4 ceipt of notification of the matter by either Assistant 5 Secretary. 6 (3) SECURITY CLEARANCES.—The appropriate 7 departments or agencies of the Federal Government 8 shall, to the extent practicable in accordance with 9 existing procedures and requirements, process expe- 10 ditiously any application and adjudication for a secu- 11 rity clearance required by the Chief Medical Officer 12 to carry out the Chief Medical Officer’s duties and 13 powers under this section. 14 (d) ACCESS TO INDIVIDUALS, INFORMATION, AND 15 ASSISTANCE.— 16 (1) IN GENERAL.—The Chief Medical Officer 17 may secure directly from the Department of Defense 18 access to any individual, information, or assistance 19 that the Chief Medical Officer considers necessary to 20 enable the Chief Medical Officer to carry out this 21 section, including full access to the following: 22 (A) Any individual detained at Guanta- 23 namo. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00430 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 431 •S 1790 RS (B) Any medical records of any individual 1 detained at Guantanamo. 2 (C) Medical professionals of the Depart- 3 ment who are working, or have worked, at 4 United States Naval Station, Guantanamo Bay. 5 (2) ACCESS UPON REQUEST.—Upon request of 6 the Chief Medical Officer, the Department shall 7 make available to the Chief Medical Officer on an 8 expeditious basis access to individuals, information, 9 and assistance as described in paragraph (1). 10 (3) LACK OF EXPEDITIOUS AVAILABILITY.—If 11 access to individuals, information, or assistance is 12 not made available to the Chief Medical Officer upon 13 request on an expeditious basis as required by para- 14 graph (2), the Chief Medical Officer shall notify the 15 Assistant Secretary of Defense for Health Affairs, 16 who shall take actions to resolve the matter expedi- 17 tiously. 18 (e) DEFINITIONS.—In this section: 19 (1) INDIVIDUAL DETAINED AT GUANTANAMO 20 DEFINED.—The term ‘‘individual detained at Guan- 21 tanamo’’ means an individual located at United 22 States Naval Station, Guantanamo Bay, Cuba, as of 23 October 1, 2009, who— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00431 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 432 •S 1790 RS (A) is not a national of the United States 1 (as defined in section 101(a)(22) of the Immi- 2 gration and Nationality Act (8 U.S.C. 3 1101(a)(22)) or a member of the Armed Forces 4 of the United States; and 5 (B) is— 6 (i) in the custody or under the control 7 of the Department of Defense; or 8 (ii) otherwise detained at United 9 States Naval Station, Guantanamo Bay. 10 (2) MEDICAL CARE.—The term ‘‘medical care’’ 11 means physical and mental health care. 12 (3) STANDARD OF CARE.—The term ‘‘standard 13 of care’’ means evaluation and treatment that is ac- 14 cepted by medical experts and reflected in peer-re- 15 viewed medical literature as the appropriate medical 16 approach for a condition, symptoms, illness, or dis- 17 ease and that is widely used by healthcare profes- 18 sionals. 19 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 433 •S 1790 RS Subtitle E—Miscellaneous 1 Authorities and Limitations 2 SEC. 1031. CLARIFICATION OF AUTHORITY OF MILITARY 3 COMMISSIONS UNDER CHAPTER 47A OF 4 TITLE 10, UNITED STATES CODE, TO PUNISH 5 CONTEMPT. 6 (a) CLARIFICATION.— 7 (1) IN GENERAL.—Subchapter IV of chapter 8 47A of title 10, United States Code, is amended by 9 adding at the end the following new section: 10 ‘‘§ 949o–1. Contempt 11 ‘‘(a) AUTHORITY TO PUNISH.—(1) With respect to 12 any proceeding under this chapter, a judicial officer speci- 13 fied in paragraph (2) may punish for contempt any person 14 who— 15 ‘‘(A) uses any menacing word, sign, or gesture 16 in the presence of the judicial officer during the pro- 17 ceeding; 18 ‘‘(B) disturbs the proceeding by any riot or dis- 19 order; or 20 ‘‘(C) willfully disobeys a lawful writ, process, 21 order, rule, decree, or command issued with respect 22 to the proceeding. 23 ‘‘(2) A judicial officer referred to in paragraph (1) 24 is any of the following: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 434 •S 1790 RS ‘‘(A) Any judge of the United States Court of 1 Military Commission Review. 2 ‘‘(B) Any military judge detailed to a military 3 commission or any other proceeding under this chap- 4 ter. 5 ‘‘(b) PUNISHMENT.—The punishment for contempt 6 under subsection (a) may not exceed confinement for 30 7 days, a fine of $1,000, or both. 8 ‘‘(c) REVIEW.—(1) A punishment under this sec- 9 tion— 10 ‘‘(A) is not reviewable by the convening author- 11 ity of a military commission under this chapter; 12 ‘‘(B) if imposed by a military judge, shall con- 13 stitute a judgment, subject to review in the first in- 14 stance only by the United States Court of Military 15 Commission Review and then only by the United 16 States Court of Appeals for the District of Columbia 17 Circuit; and 18 ‘‘(C) if imposed by a judge of the United States 19 Court of Military Commission Review, shall con- 20 stitute a judgment of the court subject to review 21 only by the United States Court of Appeals for the 22 District of Columbia Circuit. 23 ‘‘(2) In reviewing a punishment for contempt imposed 24 under this section, the reviewing court shall affirm such 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 435 •S 1790 RS punishment unless the court finds that imposing such pun- 1 ishment was an abuse of the discretion of the judicial offi- 2 cer who imposed such punishment. 3 ‘‘(3) A petition for review of punishment for contempt 4 imposed under this section shall be filed not later than 5 60 days after the date on which the authenticated record 6 upon which the contempt punishment is based and any 7 contempt proceedings conducted by the judicial officer are 8 served on the person punished for contempt. 9 ‘‘(d) PUNISHMENT NOT CONVICTION.—Punishment 10 for contempt is not a conviction or sentence within the 11 meaning of section 949m of this title. The imposition of 12 punishment for contempt is not governed by other provi- 13 sions of this chapter applicable to military commissions, 14 except that the Secretary of Defense may prescribe proce- 15 dures for contempt proceedings and punishments, pursu- 16 ant to the authority provided in section 949a of this 17 title.’’. 18 (2) CLERICAL AMENDMENT.—The table of sec- 19 tions at the beginning of subchapter IV of such 20 chapter is amended by adding at the end the fol- 21 lowing new item: 22 ‘‘949o–1. Contempt.’’. (b) CONFORMING AMENDMENTS.—Section 950t of 23 title 10, United States Code, is amended— 24 (1) by striking paragraph (31); and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00435 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 436 •S 1790 RS (2) by redesignating paragraph (32) as para- 1 graph (31). 2 (c) RULE OF CONSTRUCTION.—The amendments 3 made by subsections (a) and (b) shall not be construed 4 to affect the lawfulness of any punishment for contempt 5 adjudged prior to the effective date of such amendments. 6 (d) APPLICABILITY.—The amendments made by sub- 7 sections (a) and (b) shall take effect on the date of the 8 enactment of this Act, and shall apply with respect to con- 9 duct by a person that occurs on or after such date. 10 SEC. 1032. COMPREHENSIVE DEPARTMENT OF DEFENSE 11 POLICY ON COLLECTIVE SELF-DEFENSE. 12 (a) COMPREHENSIVE POLICY REQUIRED.—The Sec- 13 retary of Defense shall prescribe a comprehensive written 14 policy for the Department of Defense on the issuance of 15 authorization for, and the provision by members and units 16 of the United States Armed Forces of, collective self-de- 17 fense to designated foreign nationals, their facilities, and 18 their property. 19 (b) ELEMENTS.—The policy required by subsection 20 (a) shall address the following: 21 (1) Each basis under domestic and inter- 22 national law pursuant to which a member or unit of 23 the United States Armed Forces has been or may be 24 authorized to provide collective self-defense to des- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00436 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 437 •S 1790 RS ignated foreign nationals, their facilities, or their 1 property under each circumstance as follows: 2 (A) Inside an area of active hostilities, or 3 in a country or territory in which United States 4 forces are authorized to conduct or support di- 5 rect action operations. 6 (B) Outside an area of active hostilities, or 7 in a country or territory in which United States 8 forces are not authorized to conduct direct ac- 9 tion military operations. 10 (C) When United States personnel, facili- 11 ties, or equipment are not threatened, including 12 both as described in subparagraph (A) and as 13 described in subparagraph (B). 14 (D) When members of the United States 15 Armed Forces are not participating in a mili- 16 tary operation as part of an international coali- 17 tion. 18 (E) Any other circumstance not encom- 19 passed by subparagraphs (A) through (D) in 20 which a member or unit of the United States 21 Armed Forces has been or may be authorized to 22 provide such collective self-defense. 23 (2) A list and explanation of any limitations im- 24 posed by law or policy on the provision of collective 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 438 •S 1790 RS self-defense to designated foreign nationals, their fa- 1 cilities, and their property under any of the bases in 2 domestic or international law in the circumstances 3 enumerated in paragraph (1), and the conditions 4 under which any such limitation applies. 5 (3) The procedure by which a proposal that any 6 member or unit of the United States Armed Forces 7 provide collective self-defense in support of des- 8 ignated foreign nationals, their facilities, and their 9 property is to be submitted, processed, and endorsed 10 through offices, officers, and officials of the Depart- 11 ment to the applicable approval authority for final 12 decision, and a list of any information, advice, or 13 opinion to be included with such proposal in order 14 to inform appropriate action on such proposal by 15 such approval authority. 16 (4) The title and duty position of any officers 17 and officials of the Department empowered to render 18 a final decision on a proposal described in paragraph 19 (3), and the conditions applicable to, and limitations 20 on, the exercise of such decisionmaking authority by 21 each such officer or official. 22 (5) A description of the Rules of Engagement 23 applicable to the provision of collective self-defense 24 to designated foreign nationals, their facilities, and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00438 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 439 •S 1790 RS their property under any of the bases in domestic or 1 international law in the circumstances enumerated 2 in paragraph (1), and the conditions under which 3 any such Rules of Engagement would be modified. 4 (6) A description of the process through which 5 policy guidance pertaining to the authorization for, 6 and the provision by members of the United States 7 Armed Forces of, collective self-defense to des- 8 ignated foreign nationals, their facilities, and their 9 property is to be disseminated to the level of tactical 10 execution. 11 (7) Such other matters as the Secretary con- 12 siders appropriate. 13 (c) REPORT ON POLICY.— 14 (1) IN GENERAL.—Not later than 60 days after 15 the date of the enactment of this Act, the Secretary 16 shall submit to the congressional defense committees 17 a report setting forth the policy required by sub- 18 section (a). 19 (2) DOD GENERAL COUNSEL STATEMENT.— 20 The Secretary shall include in the report under 21 paragraph (1) a statement by the General Counsel 22 of the Department of Defense as to whether the pol- 23 icy prescribed pursuant to subsection (a) is con- 24 sistent with domestic and international law. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 440 •S 1790 RS (3) FORM.—The report required by paragraph 1 (1) may be submitted in classified form. 2 (d) BRIEFING ON POLICY.—Not later than 30 days 3 after the date of the submittal of the report required by 4 subsection (c), the Secretary shall provide the congres- 5 sional defense committees a classified briefing on the pol- 6 icy prescribed pursuant to subsection (a). The briefing 7 shall make use of vignettes designated to illustrate real 8 world application of the policy in each the circumstances 9 enumerated in subsection (b)(1). 10 SEC. 1033. OVERSIGHT OF DEPARTMENT OF DEFENSE EXE- 11 CUTE ORDERS. 12 (a) REVIEW OF EXECUTE ORDERS.—Upon a written 13 request by the Chairman or Ranking Member of a con- 14 gressional defense committee, the Secretary of Defense 15 shall provide the committee, including appropriately des- 16 ignated staff of the committee, with an execute order ap- 17 proved by the Secretary or the commander of a combatant 18 command for reveiw within 30 days of receiving the writ- 19 ten request. 20 (b) EXCEPTION.— 21 (1) IN GENERAL.—In extraordinary cir- 22 cumstances necessary to protect operations security, 23 the sensitivity of the execute order, or other appro- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00440 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 441 •S 1790 RS priate considerations, the Secretary may limit review 1 of an execute order. 2 (2) SUMMARY AND OTHER INFORMATION.—In 3 extraordinary circumstances described in paragraph 4 (1) with respect to an execute order, the Secretary 5 shall provide the committee concerned, including ap- 6 propriately designated staff of the committee, a de- 7 tailed summary of the execute order and other infor- 8 mation necessary for the conduct of the oversight 9 duties of the committee within 30 days of receiving 10 the written request under subsection (a). 11 SEC. 1034. PROHIBITION ON OWNERSHIP OR TRADING OF 12 STOCKS IN CERTAIN COMPANIES BY DEPART- 13 MENT OF DEFENSE OFFICERS AND EMPLOY- 14 EES. 15 (a) PROHIBITION ON OWNERSHIP AND TRADING BY 16 CERTAIN SENIOR OFFICIALS.— 17 (1) PROHIBITION.—An official of the Depart- 18 ment of Defense described in paragraph (2) may not 19 own or trade a publicly traded stock of a company 20 if, during the preceding calendar year, the company 21 received more than $1,000,000,000 in revenue from 22 the Department of Defense, including through one 23 or more contracts with the Department. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00441 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 442 •S 1790 RS (2) DEPARTMENT OF DEFENSE OFFICIALS.— 1 An official of the Department of Defense described 2 in this paragraph is any current Department of De- 3 fense official described by section 847(c) of the Na- 4 tional Defense Authorization Act for Fiscal Year 5 2008 (10 U.S.C. 1701 note). 6 (3) ADMINISTRATIVE ACTIONS.—In the event 7 that an official of the Department of Defense de- 8 scribed in subsection (a) knowingly fails to comply 9 with the requirements of this subsection, the Sec- 10 retary of Defense may take administrative action 11 against the official, including suspension or termi- 12 nation, in accordance with the procedures otherwise 13 applicable to administrative actions against such of- 14 ficials. 15 (b) PROHIBITION ON OWNERSHIP AND TRADING BY 16 ALL OFFICERS AND EMPLOYEES.—An officer or employee 17 of the Department of Defense may not own or trade a 18 publicly traded stock of a company that is a contractor 19 or subcontractor of the Department if the Office of Stand- 20 ards and Compliance of the Office of the General Counsel 21 of the Department of Defense determines that the value 22 of the stock may be directly or indirectly influenced by 23 any official action of the officer or employee for the De- 24 partment. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00442 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 443 •S 1790 RS (c) INAPPLICABILITY TO MUTUAL FUNDS.—For pur- 1 poses of this section, publically-traded stock does not in- 2 clude a widely-held investment fund described in section 3 102(f)(8) of the Ethics in Government Act of 1978 (5 4 U.S.C. App.). 5 SEC. 1035. POLICY REGARDING THE TRANSITION OF DATA 6 AND APPLICATIONS TO THE CLOUD. 7 (a) POLICY REQUIRED.—Not later than 180 days 8 after the date of the enactment of this Act, the Chief In- 9 formation Officer of the Department of Defense and the 10 Chief Data Officer of the Department shall, in consulta- 11 tion with the J6 of the Joint Staff and the Chief Manage- 12 ment Officer, develop and issue enterprise-wide policy and 13 implementing instructions regarding the transition of data 14 and applications to the cloud under the Department cloud 15 strategy in accordance with subsection (b). 16 (b) DESIGN.—The policy required by subsection (a) 17 shall be designed to dramatically improve support to oper- 18 ational missions and management processes, including by 19 the use of artificial intelligence and machine learning tech- 20 nologies, by— 21 (1) making the data of the Department avail- 22 able to support new types of analyses; 23 (2) preventing, to the maximum extent prac- 24 ticable, the replication in the cloud of data stores 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00443 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 444 •S 1790 RS that cannot readily be accessed by applications for 1 which the data stores were not originally engineered; 2 (3) ensuring that data sets can be readily dis- 3 covered and combined with others to enable new in- 4 sights and capabilities; and 5 (4) ensuring that data and applications are 6 readily portable and not tightly coupled to a specific 7 cloud infrastructure or platform. 8 SEC. 1036. MODERNIZATION OF INSPECTION AUTHORITIES 9 APPLICABLE TO THE NATIONAL GUARD AND 10 EXTENSION OF INSPECTION AUTHORITY TO 11 THE CHIEF OF THE NATIONAL GUARD BU- 12 REAU. 13 (a) MODERNIZATION OF INSPECTION AUTHORITIES 14 OF SECRETARIES OF THE ARMY AND AIR FORCE.—Sub- 15 section (a) of section 105 of title 32, United States Code, 16 is amended— 17 (1) in the matter preceding paragraph (1)— 18 (A) by striking ‘‘by him, the Secretary of 19 the Army shall have’’ and inserting ‘‘by such 20 Secretary, the Secretary of the Army and the 21 Secretary of the Air Force shall each have’’; 22 (B) by striking ‘‘, if necessary,’’; and 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00444 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 445 •S 1790 RS (C) by striking ‘‘the Regular Army’’ and 1 inserting ‘‘the Regular Army or the Regular Air 2 Force’’; 3 (2) by striking ‘‘Army National Guard’’ each 4 place it appears and inserting ‘‘Army National 5 Guard or Air National Guard’’; and 6 (3) by striking the flush matter following para- 7 graph (7). 8 (b) INSPECTION AUTHORITY OF CHIEF OF THE NA- 9 TIONAL GUARD BUREAU.—Such section is further amend- 10 ed by adding at the end the following new subsection: 11 ‘‘(c) Under regulations prescribed by the Chief of the 12 National Guard Bureau, the Chief of the National Guard 13 Bureau may have an inspection made by inspectors gen- 14 eral, or by commissioned officers of the Army National 15 Guard of the United States or the Air National Guard 16 of the United States detailed for that purpose, in order 17 to determine the following: 18 ‘‘(1) Whether the units and members of the 19 Army National Guard comply with Federal law and 20 policy applicable to the National Guard, including 21 policies issued by the Department of Defense, the 22 Department of the Army, and the National Guard 23 Bureau. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 446 •S 1790 RS ‘‘(2) Whether the units and members of the Air 1 National Guard comply with Federal law and policy 2 applicable to the National Guard, including policies 3 issued by the Department of Defense, the Depart- 4 ment of the Air Force, and the National Guard Bu- 5 reau.’’. 6 SEC. 1037. ENHANCEMENT OF AUTHORITIES ON FOR- 7 FEITURE OF FEDERAL BENEFITS BY THE NA- 8 TIONAL GUARD. 9 (a) IN GENERAL.—The text of section 108 of title 10 32, United States Code, is amended to read as follows: 11 ‘‘(a) AVAILABILITY OF FUNDS CONTINGENT ON COM- 12 PLIANCE WITH FEDERAL LAW AND POLICY.—The avail- 13 ability of Federal funds provided to the National Guard 14 of individual States is contingent upon compliance with 15 Federal law and policy applicable to the National Guard. 16 ‘‘(b) BAR OF STATES FOR FAILURE TO COMPLY.— 17 If, within a time fixed by the President, a State fails to 18 comply with Federal law or policy applicable to the Na- 19 tional Guard, a requirement of this title, or a regulation 20 prescribed under this title, the National Guard of that 21 State is barred, in whole or in part (as the President may 22 prescribe), from receiving such money or other aid, ben- 23 efit, or privilege authorized by law with respect to the Na- 24 tional Guard of that State as the President may prescribe. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00446 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 447 •S 1790 RS ‘‘(c) BAR OR WITHDRAWAL OF RECOGNITION OF OF- 1 FICERS FOR FAILURE TO COMPLY.—If, within a time 2 fixed by the President, an officer of the National Guard 3 fails to comply with Federal law or policy applicable to 4 the National Guard, the President may bar the officer 5 from receiving Federal funds, or withdraw the officer’s 6 Federal recognition under section 323 of this title. 7 ‘‘(d) BAR OR WITHDRAWAL OF RECOGNITION OF 8 UNITS FOR FAILURE TO COMPLY.—If, within a time fixed 9 by the President, a unit of the National Guard fails to 10 comply with Federal law or policy applicable to the Na- 11 tional Guard, the President may bar the unit from receiv- 12 ing Federal funds, or withdraw the unit’s Federal recogni- 13 tion. 14 ‘‘(e) ADVANCE NOTICE TO CONGRESS ON FINAL AC- 15 TIONS.—Before taking a final action under subsection (c) 16 or (d), President shall notify the Committees on Armed 17 Services of the Senate and the House of Representatives 18 of such final action. 19 ‘‘(f) LIMITATION ON DELEGATION OF FINAL AC- 20 TIONS.—The President may not delegate the authority to 21 take a final action under subsection (c) or (d) to any offi- 22 cial other than the Secretary of Defense.’’. 23 (b) EFFECTIVE DATE.—The amendment made by 24 subsection (a) shall take effect on October 1, 2019, and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00447 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 448 •S 1790 RS shall apply with respect to amounts authorized to be ap- 1 propriated for fiscal years that begin on or after that date. 2 SEC. 1038. MODERNIZATION OF AUTHORITIES ON PROP- 3 ERTY AND FISCAL OFFICERS OF THE NA- 4 TIONAL GUARD. 5 (a) PROPERTY AND FISCAL OFFICER FOR EACH 6 STATE FROM NGB.—Section 708 of title 32, United 7 States Code, is amended— 8 (1) by striking subsection (a) and inserting the 9 following new subsection (a): 10 ‘‘(a) PROPERTY AND FISCAL OFFICER FOR EACH 11 STATE.—(1) The Chief of the National Guard Bureau 12 shall assign, designate, or detail, subject to the approval 13 of the Secretary of the Army or the Secretary of the Air 14 Force, as applicable, a qualified commissioned officer or- 15 dered to active duty in the National Guard Bureau under 16 section 12402(a) of title 10 to be the property and fiscal 17 officer of each State, Territory, and the District of Colum- 18 bia. 19 ‘‘(2)(A) An officer may not be assigned, designated, 20 or detailed as the property and fiscal officer of a State, 21 Territory, or the District of Columbia under paragraph 22 (1) if the officer has served within such jurisdiction during 23 the 36 months preceding such assignment, designation, or 24 detail. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00448 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 449 •S 1790 RS ‘‘(B) The Secretary of the Army or the Secretary of 1 the Air Force may waive the applicability of subparagraph 2 (A) to the assignment, designation, or detail of a par- 3 ticular officer if such Secretary considers the waiver to 4 be in the best interests of the State, Territory, or District 5 of Columbia, as applicable, concerned. 6 ‘‘(3) An officer assigned, designated, or detailed as 7 a property and fiscal officer under paragraph (1) shall, 8 while so serving as such an officer, serve in a grade com- 9 mensurate with the functions and responsibilities of the 10 officer, but not above the grade of colonel.’’; and 11 (2) by striking subsection (d). 12 (b) SUPPORT STAFF.—Such section is further 13 amended— 14 (1) by redesignating subsections (b) and (c) as 15 subsections (c) and (d), respectively; and 16 (2) by inserting after subsection (a), as amend- 17 ed by subsection (a) of this section, the following 18 new subsection (b): 19 ‘‘(b) SUPPORT STAFF.—The Chief of the National 20 Guard Bureau shall assign, designate, or detail other per- 21 sonnel of the National Guard Bureau to serve as the Fed- 22 eral support staff for the property and fiscal officer for 23 the National Guard of each State, Territory, or the Dis- 24 trict of Columbia under subsection (a).’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00449 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 450 •S 1790 RS (c) RESPONSIBILITIES.—Subsection (c) of such sec- 1 tion, as redesignated by subsection (b)(1) of this section, 2 is amended— 3 (1) by inserting ‘‘RESPONSIBILITIES OF OFFI- 4 CERS.—’’ after ‘‘(c)’’; 5 (2) in paragraph (1), by striking ‘‘he’’ and in- 6 serting ‘‘such officer’’; and 7 (3) in paragraph (2), by inserting ‘‘, the Chief 8 of Staff of the Army or the Chief of Staff of the Air 9 Force (as applicable), or the Chief of the National 10 Guard Bureau’’ before the period at the end. 11 (d) OTHER MATTERS.—Such section is further 12 amended— 13 (1) by striking subsection (d), as redesignated 14 by subsection (b)(1) of this section; and 15 (2) by striking subsection (e). 16 (e) INTRUSTMENT OF MONIES.—Such section is fur- 17 ther amended— 18 (1) by redesignating subsection (f) as sub- 19 section (d); and 20 (2) in subsection (d), as so redesignated— 21 (A) by inserting ‘‘INTRUSTMENT OF MON- 22 IES.—’’ after ‘‘(d)’’; 23 (B) by striking ‘‘an officer’’ and inserting 24 ‘‘a Federally recognized officer’’; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00450 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 451 •S 1790 RS (C) by striking ‘‘him’’ and inserting ‘‘such 1 agent officer’’; and 2 (D) by striking ‘‘he’’ and inserting ‘‘the 3 agent officer’’. 4 SEC. 1039. LIMITATION ON PLACEMENT BY THE UNDER 5 SECRETARY OF DEFENSE FOR PERSONNEL 6 AND READINESS OF WORK WITH FEDERALLY 7 FUNDED RESEARCH AND DEVELOPMENT 8 CENTERS. 9 (a) LIMITATION.—The Under Secretary of Defense 10 for Personnel and Readiness may not place any work with 11 a federally funded research and development center 12 (FFRDC) until the Under Secretary submits to the Com- 13 mittees on Armed Services of the Senate and the House 14 of Representatives a report on all studies, reports, and 15 other analyses being undertaken for the Under Secretary 16 as of the date of the report by federally funded research 17 and development centers. 18 (b) ELEMENTS.—The report required by subsection 19 (a) shall set forth the following: 20 (1) A list of each study, report, and analysis de- 21 scribed by subsection (a). 22 (2) For each study, report, or analysis, the fol- 23 lowing: 24 (A) Title. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00451 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 452 •S 1790 RS (B) Federally funded research and develop- 1 ment center undertaking. 2 (C) Amount of contract. 3 (D) Anticipated completion date. 4 SEC. 1040. TERMINATION OF REQUIREMENT FOR DEPART- 5 MENT OF DEFENSE FACILITY ACCESS CLEAR- 6 ANCES FOR JOINT VENTURES COMPOSED OF 7 PREVIOUSLY-CLEARED ENTITIES. 8 A clearance for access to a Department of Defense 9 installation or facility may not be required for a joint ven- 10 ture if that joint venture is composed entirely of entities 11 that are currently cleared for access to such installation 12 or facility. 13 SEC. 1041. DESIGNATION OF DEPARTMENT OF DEFENSE 14 STRATEGIC ARCTIC PORTS. 15 (a) FINDINGS.—Congress makes the following find- 16 ings: 17 (1) The strategic importance of the Arctic con- 18 tinues to increase as the United States and other 19 countries recognize the military significance of the 20 sea lanes and choke points within the region and un- 21 derstand the potential for power projection from the 22 Arctic into multiple regions. 23 (2) On January 19, 2018, Secretary of Defense 24 James Mattis released the document titled ‘‘2018 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 453 •S 1790 RS National Defense Strategy of the United States of 1 America’’ in which the Secretary outlined the re- 2 emergence of long-term, strategic competition by 3 countries classified by the National Security Strat- 4 egy as revisionist powers. 5 (3) Russia and China have conducted military 6 exercises together in the Arctic, have agreed to con- 7 nect the Northern Sea Route, claimed by Russia, 8 with China’s Maritime Silk Road, and are working 9 together in developing natural gas resources in the 10 Arctic. 11 (4) The Government of the Russian Federa- 12 tion— 13 (A) has prioritized the development of Arc- 14 tic capabilities and has made significant invest- 15 ments in military infrastructure in the Arctic, 16 including the creation of a new Arctic Com- 17 mand and the construction or refurbishment of 18 16 deepwater ports and 14 airfields in the re- 19 gion; 20 (B) has approximately 40 icebreakers as of 21 May 2019, including several nuclear-powered 22 icebreakers, is currently constructing four ice- 23 breakers, and is planning to build an additional 24 eight icebreakers; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 454 •S 1790 RS (C) conducted the largest military exercise 1 since the 1980s, Vostok 2018, which included— 2 (i) 300,000 troops; 3 (ii) 1,000 aircraft; 4 (iii) 80 ships; 5 (iv) 36,000 vehicles; and 6 (v) notably, 3,200 Chinese troops, 30 7 Chinese rotary and fixed-wing aircraft, and 8 900 Chinese tanks. 9 (5) The Government of the People’s Republic of 10 China— 11 (A) released, in January 2018, its new 12 Arctic Strategy, the Polar Silk Road, in which 13 it declares itself as a ‘‘near-Arctic state’’, even 14 though its nearest territory to the Arctic is 900 15 miles away; 16 (B) has publicly stated that it seeks to ex- 17 pand its ‘‘Belt and Road Initiative’’ to the Arc- 18 tic region, including current investment in the 19 natural gas fields in the Yamal Peninsula in 20 Russia, rare-earth element mines in Greenland, 21 and the real estate, alternative energy, and fish- 22 eries in Iceland; and 23 (C) has shown great interest in expanding 24 its Arctic presence, including through— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00454 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 455 •S 1790 RS (i) the operation of research vessels in 1 the region; 2 (ii) the recent construction of the 3 Xuelong 2, or Snow Dragon II, the only 4 polar research boat vessel in the world that 5 can break ice while going forward or back- 6 ward; 7 (iii) a freedom of navigation operation 8 in the Aleutian Islands in 2015; and 9 (iv) its recent plans to develop a 10 33,000 ton nuclear-powered icebreaker. 11 (6) The economic significance of the Arctic con- 12 tinues to grow as countries around the globe begin 13 to understand the potential for maritime transpor- 14 tation through, and economic and trade development 15 in, the region. 16 (7) The Arctic is home to 13 percent of the 17 world’s undiscovered oil, 30 percent of its undis- 18 covered gas, an abundance of uranium, rare earth 19 minerals, gold, diamonds, and millions of square 20 miles of untapped resources, including abundant 21 fisheries. 22 (8) The Bering Strait is experiencing signifi- 23 cant increases in international traffic from vessels 24 transiting the Northern Sea Route, increases which 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00455 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 456 •S 1790 RS are projected to continue if decreases in sea ice cov- 1 erage continue. 2 (9) Along a future ice-free Arctic shipping 3 route, a ship sailing from South Korea to Germany 4 would have an average travel time of just 23 days, 5 compared to 34 days via the Suez Canal and 46 6 days via the Cape of Good Hope. 7 (10) In a speech at the Arctic Forum in Sep- 8 tember 2011, Russian Federation President Vladi- 9 mir Putin highlighted the Northern Sea Route as a 10 potential alternative to the Suez Canal and has pub- 11 licly stated plans to invest $11,400,000,000 along 12 the Northern Sea Route by 2024. 13 (11) Increases in human, maritime, and re- 14 source development activity in the Arctic region are 15 expected to create additional mission requirements 16 for the Department of Defense and the Department 17 of Homeland Security, given— 18 (A) the strategic focus of the Government 19 of the Russian Federation and the Government 20 of the People’s Republic of China on the Arctic; 21 (B) overlapping territorial claims; and 22 (C) the potential for maritime accidents, 23 oil spills, and illegal fishing near the exclusive 24 economic zone of the United States. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00456 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 457 •S 1790 RS (12) The increasing role of the United States in 1 the Arctic has been highlighted in each of the last 2 four National Defense Authorization Acts. 3 (13) Section 1068 of the National Defense Au- 4 thorization Act for Fiscal Year 2016 (Public Law 5 114–92; 129 Stat. 992) required a new Department 6 of Defense strategy to protect United States na- 7 tional security interests in the Arctic region. 8 (14) Section 1095 of the National Defense Au- 9 thorization Act for Fiscal Year 2017 (Public Law 10 114–328; 130 Stat. 2438) required the Department 11 of Defense to create criteria to designate a Depart- 12 ment of Defense Strategic Arctic Port. 13 (15) Section 122 of the National Defense Au- 14 thorization Act for Fiscal Year 2018 (Public Law 15 115–91; 131 Stat. 1310) authorized the procure- 16 ment of one polar-class heavy icebreaker vessel. 17 (16) Section 151 of the John S. McCain Na- 18 tional Defense Authorization Act for Fiscal Year 19 2019 (Public Law 115–232) authorized the procure- 20 ment of five additional polar-class icebreaker vessels 21 and expressed that the Coast Guard should— 22 (A) maintain an inventory of not fewer 23 than six polar-class icebreaker vessels; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 458 •S 1790 RS (B) award a contract for the first new 1 polar-class icebreaker not later than fiscal year 2 2019 and deliver the icebreaker not later than 3 fiscal year 2023; and 4 (C) deliver the second through sixth polar- 5 class icebreakers at a rate of one vessel per 6 year in fiscal years 2025 through 2029. 7 (17) In January 2017, the Department of De- 8 fense released a report entitled ‘‘Report to Congress 9 on Strategy to Protect United States National Secu- 10 rity Interests in the Arctic Region’’ to update ‘‘the 11 ways and means’’ the Department of Defense in- 12 tends to use to achieve its objectives as it imple- 13 ments the 2013 National Strategy for the Arctic Re- 14 gion, including— 15 (A) enhancing the capability of United 16 States forces to defend the homeland and exer- 17 cise sovereignty; 18 (B) strengthening deterrence at home and 19 abroad; 20 (C) preserving freedom of the seas in the 21 Arctic; and 22 (D) evolving the infrastructure and capa- 23 bilities of the Department in the Arctic con- 24 sistent with changing conditions and needs. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 459 •S 1790 RS (18) The United States Coast Guard Arctic 1 Strategic Outlook released in April 2019 states, 2 ‘‘Demonstrating commitment to operational pres- 3 ence, Canada, Denmark, and Norway have made 4 strategic investments in ice-capable patrol ships 5 charged with national or homeland security missions. 6 [The United States] is the only Arctic State that 7 has not made similar investments in ice-capable sur- 8 face maritime security assets. This limits the ability 9 of the Coast Guard, and the Nation, to credibly up- 10 hold sovereignty or respond to contingencies in the 11 Arctic’’. 12 (19) On January 12, 2017, Secretary of De- 13 fense James Mattis stated, ‘‘The Arctic is key stra- 14 tegic terrain . . . Russia is taking aggressive steps 15 to increase its presence there . . . I will prioritize 16 the development of an integrated strategy for the 17 Arctic. I believe that our interests and the security 18 of the Arctic would benefit from increasing the focus 19 of the Department of Defense on this region’’. 20 (20) On January 9, 2019, Secretary of the Air 21 Force Heather Wilson and Chief of Staff of the Air 22 Force General David Goldfein wrote, ‘‘. . . the Arc- 23 tic has become even more important to the nation. 24 Both a northern approach to the United States, as 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00459 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 460 •S 1790 RS well as a critical location for projecting American 1 power, its geo-strategic significance is difficult to 2 overstate’’. 3 (21) On February 26, 2019, General John 4 Hyten, Commander of the United States Strategic 5 Command, stated, ‘‘In particular, the Arctic is an 6 area that we really need to focus on and really look 7 at investing. That is no longer a buffer zone. We 8 need to be able to operate there. We need to be able 9 to communicate there. We need to have a presence 10 there that we have not invested in in the same way 11 that our adversaries have. And they see that as a 12 vulnerability from us, whereas it is becoming a 13 strength for them and it is a weakness for us, we 14 need to flip that equation’’. 15 (22) On February 26, 2019, General Terrence 16 O’Shaughnessy, Commander of the United States 17 Northern Command stated, ‘‘It has become clear 18 that defense of the homeland depends on our ability 19 to detect and defeat threats operating both in the 20 Arctic and passing through the Arctic. Russia’s 21 fielding of advanced, long-range cruise missiles capa- 22 ble of flying through the northern approaches and 23 striking targets in the United States and Canada 24 has emerged as the dominant military threat in the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00460 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 461 •S 1790 RS Arctic. . . . Meanwhile, China has declared that it 1 is not content to remain a mere observer in the Arc- 2 tic and has taken action to normalize its naval and 3 commercial presence in the region in order to in- 4 crease its access to lucrative resources and shipping 5 routes. I view the Arctic as the front line in the de- 6 fense of the United States and Canada . . .’’. 7 (23) On May 6, 2019, Admiral Karl Schultz, 8 Commandant of the Coast Guard stated, ‘‘We talk 9 about the Arctic as a competitive space. We’ve seen 10 China, we see Russia investing extensively. China 11 built icebreakers in the time since we updated our 12 strategy. China’s been operating off the Alaskan 13 Arctic for a good part of the last six years on an an- 14 nual basis. [The Coast Guard is] championing in- 15 creased capabilities in the Arctic . . . better commu- 16 nications, better domain awareness . . . . I want to 17 see the Arctic remain a peaceful domain. China’s a 18 self-declared Arctic state. They’re not one of the 19 eight Arctic nations, so for me, for the service, its 20 presence equals influence’’. 21 (24) On May 6, 2019, Secretary of State Mike 22 Pompeo stated that— 23 (A) the Arctic ‘‘has become an arena for 24 power and for competition’’, and the United 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00461 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 462 •S 1790 RS States is ‘‘entering a new age of strategic en- 1 gagement in the Arctic, complete with new 2 threats to the Arctic and its real estate, and to 3 all of our interests in that region.’’; 4 (B) ‘‘Arctic sea lanes could become the 5 21st century Suez and Panama Canals.’’; 6 (C) ‘‘We’re concerned about Russia’s claim 7 over the international waters of the Northern 8 Sea Route, including its newly announced plans 9 to connect it with China’s Maritime Silk 10 Road.’’; 11 (D) ‘‘In the Northern Sea Route, Moscow 12 already illegally demands other nations request 13 permission to pass, requires Russian maritime 14 pilots to be aboard foreign ships, and threatens 15 to use military force to sink any that fail to 16 comply with their demands.’’; 17 (E) there is a ‘‘pattern of aggressive Rus- 18 sian behavior here in the Arctic’’ and ‘‘we know 19 Russian territorial ambitions can turn violent’’; 20 and 21 (F) we do not want ‘‘the Arctic Ocean to 22 transform into a new South China Sea, fraught 23 with militarization and competing territorial 24 claims’’, nor do we want ‘‘the fragile Arctic en- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00462 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 463 •S 1790 RS vironment exposed to the same ecological devas- 1 tation caused by China’s fishing fleet in the 2 seas off its coast, or unregulated industrial ac- 3 tivity in its own country’’. 4 (25) On December 6, 2018, Secretary of the 5 Navy Richard Spencer stated, ‘‘We need to have a 6 strategic Arctic port up in Alaska. We need to be 7 doing FONOPs in the northwest – in the northern 8 passage. . . . peace through presence with a sub- 9 marine is a little tough’’. 10 (26) Meanwhile, the two closest strategic sea- 11 ports, as designated by the Department of Defense, 12 to the Arctic Circle are the Port of Anchorage and 13 the Port of Tacoma, located approximately 1,500 14 nautical miles and 2,400 nautical miles away, re- 15 spectively, and approximately 1,900 nautical miles 16 and 2,800 nautical miles respectively from Barrow, 17 Alaska. 18 (27) The distance from Bangor, Maine, to Key 19 West, Florida, is approximately 1,450 nautical miles. 20 (b) SENSE OF CONGRESS.—It is the sense of Con- 21 gress that— 22 (1) the Arctic is a region of strategic impor- 23 tance to the national security interests of the United 24 States and the Department of Defense must better 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00463 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 464 •S 1790 RS align its presence, force posture, and capabilities to 1 meet the growing array of challenges in the region; 2 and 3 (2) although much progress has been made to 4 increase awareness of Arctic issues and to promote 5 increased presence in the region, additional meas- 6 ures, including the designation of one or more stra- 7 tegic Arctic ports, are needed to show the commit- 8 ment of the United States to this emerging strategic 9 choke point of future great power competition. 10 (c) REPORT REQUIRED.— 11 (1) IN GENERAL.—Not later than 180 days 12 after the date of the enactment of this Act, the Sec- 13 retary of Defense, in consultation with the Chairman 14 of the Joint Chiefs of Staff, the Commanding Gen- 15 eral of the United States Army Corps of Engineers, 16 the Commandant of the Coast Guard, and the Ad- 17 ministrator of the Maritime Administration, shall 18 submit to the congressional defense committees a re- 19 port evaluating potential sites for one or more stra- 20 tegic ports in the Arctic. 21 (2) ELEMENTS.—Consistent with the updated 22 military strategy for the protection of United States 23 national security interests in the Arctic region set 24 forth in the report required under section 1068 of 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 465 •S 1790 RS the National Defense Authorization Act for Fiscal 1 Year 2016 (Public Law 114–92; 129 Stat. 992), the 2 report required under paragraph (1) shall include— 3 (A) an evaluation of the amount of suffi- 4 cient and suitable space needed to create capac- 5 ity for port and other necessary infrastructure 6 for at least one of each of type of Navy or 7 Coast Guard vessel, including an Arleigh Burke 8 class destroyer of the Navy, a national security 9 cutter, and a heavy polar ice breaker of the 10 Coast Guard; 11 (B) an evaluation of the amount of suffi- 12 cient and suitable space needed to create capac- 13 ity for equipment and fuel storage, techno- 14 logical infrastructure, and civil infrastructure to 15 support military and civilian operations, includ- 16 ing— 17 (i) aerospace warning; 18 (ii) maritime surface and subsurface 19 warning; 20 (iii) maritime control and defense; 21 (iv) maritime domain awareness; 22 (v) homeland defense; 23 (vi) defense support to civil authori- 24 ties; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00465 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 466 •S 1790 RS (vii) humanitarian relief; 1 (viii) search and rescue; 2 (ix) disaster relief; 3 (x) oil spill response; 4 (xi) medical stabilization and evacu- 5 ation; and 6 (xii) meteorological measurements and 7 forecasting; 8 (C) an identification of proximity and road 9 access required to an airport designated as a 10 commercial service airport by the Federal Avia- 11 tion Administration that is capable of sup- 12 porting military and civilian aircraft for oper- 13 ations designated in subparagraph (B); 14 (D) a description of the requirements, to 15 include infrastructure and installations, commu- 16 nications, and logistics necessary to improve re- 17 sponse effectiveness to support military and ci- 18 vilian operations described in subparagraph 19 (B); 20 (E) an identification of the sites that the 21 Secretary recommends as potential sites for 22 designation as Department of Defense Strategic 23 Arctic Ports; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 467 •S 1790 RS (F) the estimated cost of sufficient con- 1 struction necessary to initiate and sustain ex- 2 pected operations at such sites; and 3 (G) such other information as the Sec- 4 retary deems relevant. 5 (d) DESIGNATION OF STRATEGIC ARCTIC PORTS.— 6 Not later than 90 days after the date on which the report 7 required under subsection (c) is submitted, the Secretary 8 of Defense, in consultation with the Chairman of the Joint 9 Chiefs of Staff, the Commanding General of the United 10 States Army Corps of Engineers, the Commandant of the 11 Coast Guard, and the Administrator of the Maritime Ad- 12 ministration, shall designate one or more ports as Depart- 13 ment of Defense Strategic Arctic Ports from the sites 14 identified under subsection (c)(2)(E). 15 (e) RULE OF CONSTRUCTION.—Nothing in this sec- 16 tion may be construed to authorize any additional appro- 17 priations for the Department of Defense for the establish- 18 ment of any port designated pursuant to this section. 19 (f) ARCTIC DEFINED.—In this section, the term 20 ‘‘Arctic’’ has the meaning given that term in section 112 21 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 22 4111). 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 468 •S 1790 RS SEC. 1042. EXTENSION OF NATIONAL SECURITY COMMIS- 1 SION ON ARTIFICIAL INTELLIGENCE. 2 (a) EXTENSION.—Subsection (e) of section 1051 of 3 the John S. McCain National Defense Authorization Act 4 for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 5 1962) is amended by striking ‘‘October 1, 2020’’ and in- 6 serting ‘‘March 1, 2021’’. 7 (b) REPORTS.—Subsection (c) of such section is 8 amended— 9 (1) in paragraph (1), by striking ‘‘Not later 10 than 180 days after the date of the enactment of 11 this Act’’ and inserting ‘‘Not later than August 1, 12 2019’’; 13 (2) by redesignating paragraph (3) as para- 14 graph (4); and 15 (3) by inserting after paragraph (1) the fol- 16 lowing new paragraphs: 17 ‘‘(2) INTERIM REPORTS.—Not later than each 18 of December 1, 2019, and December 1, 2020, the 19 Commission shall submit as described in that para- 20 graph an interim report on the review required 21 under subsection (b). 22 ‘‘(3) FINAL REPORT.—Not later than March 1, 23 2021, the Commission shall submit as described in 24 paragraph (1) a comprehensive final report on the 25 review required under subsection (b).’’. 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 469 •S 1790 RS SEC. 1043. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA 1 DIOXIN CLEANUP. 2 (a) TRANSFER AUTHORITY.—Notwithstanding sec- 3 tion 2215 of title 10, United States Code, the Secretary 4 of Defense may transfer to the Secretary of State, for use 5 by the United States Agency for International Develop- 6 ment, amounts to be used for the Bien Hoa dioxin cleanup 7 in Vietnam. 8 (b) LIMITATION ON AMOUNT.—Not more than 9 $15,000,000 may be transferred in fiscal year 2020 under 10 the authority in subsection (a). 11 (c) ADDITIONAL TRANSFER AUTHORITY.—The 12 transfer authority in subsection (a) is in addition to any 13 other transfer authority available to the Department of 14 Defense. 15 SEC. 1044. LIMITATION ON USE OF FUNDS TO HOUSE CHIL- 16 DREN SEPARATED FROM PARENTS. 17 (a) IN GENERAL.—None of the amounts authorized 18 to be appropriated by this Act to the Department of De- 19 fense for fiscal year 2020 may be used to house a child 20 separated from a parent. 21 (b) CHILD SEPARATED FROM A PARENT DE- 22 FINED.—The term ‘‘child separated from a parent’’ means 23 a person who— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 470 •S 1790 RS (1) entered the United States, before attaining 1 18 years of age, at a port of entry or between ports 2 of entry; and 3 (2) was separated from his or her parent or 4 legal guardian by the Department of Homeland Se- 5 curity, and the Department of Homeland Security 6 failed to demonstrate in a hearing that the parent 7 or legal guardian was unfit or presented a danger to 8 the child. 9 Subtitle F—Studies and Reports 10 SEC. 1051. MODIFICATION OF ANNUAL REPORTING RE- 11 QUIREMENTS ON DEFENSE MANPOWER. 12 (a) CONVERSION OF ANNUAL REQUIREMENTS RE- 13 PORT INTO ANNUAL PROFILE REPORT.—Section 115a of 14 title 10, United States Code, is amended— 15 (1) in subsection (a)— 16 (A) in the matter preceding paragraph (1), 17 by striking the first two sentences and inserting 18 the following new sentence: ‘‘Not later than 19 April 1 each year, the Secretary of Defense 20 shall submit to Congress a defense manpower 21 profile report.’’; 22 (B) in paragraph (1), by adding ‘‘and’’ at 23 the end; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00470 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 471 •S 1790 RS (C) in paragraph (2), by striking ‘‘; and’’ 1 and inserting a period; and 2 (D) by striking paragraph (3); 3 (2) in subsection (b)— 4 (A) by striking ‘‘(1)’’; and 5 (B) by striking paragraphs (2) and (3); 6 (3) in subsection (c), by striking ‘‘the fol- 7 lowing:’’ and all that follows and inserting ‘‘the 8 manpower required for support and overhead func- 9 tions within the armed forces and the Department of 10 Defense.’’; 11 (4) by striking subsections (e) and (h); and 12 (5) by redesignating subsections (f) and (g) as 13 subsections (e) and (f), respectively. 14 (b) CONVERSION OF CERTAIN CURRENT REPORT 15 ELEMENTS INTO SEPARATE, MODIFIED REPORTS.—Such 16 section is further amended— 17 (1) in subsection (e), as redesignated by sub- 18 section (a)(5) of this section— 19 (A) in the matter preceding paragraph (1), 20 by striking ‘‘The Secretary shall also include in 21 each such report’’ and inserting ‘‘Not later than 22 June 1 each year, the Secretary shall submit to 23 Congress a report that sets forth’’; and 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00471 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 472 •S 1790 RS (B) in paragraph (1), by striking ‘‘and es- 1 timates of such numbers for the current fiscal 2 year and subsequent fiscal years’’; and 3 (2) in subsection (f), as so redesignated— 4 (A) in the matter preceding paragraph (1), 5 by striking ‘‘In each report submitted under 6 subsection (a), the Secretary shall also include 7 a detailed discussion’’ and inserting ‘‘Not later 8 than September 1 each year, the Secretary shall 9 submit to Congress a report that sets forth a 10 detailed discussion, current as of the preceding 11 fiscal year’’; and 12 (B) by striking ‘‘the year’’ each place it 13 appears and inserting ‘‘the fiscal year’’. 14 (c) CONFORMING AND CLERICAL AMENDMENTS.— 15 (1) HEADING AMENDMENT.—The heading of 16 such section is amended to read as follows: 17 ‘‘§ 115a. Annual defense manpower profile report and 18 related reports’’. 19 (2) CLERICAL AMENDMENT.—The table of sec- 20 tions at the beginning of chapter 3 of such title is 21 amended by striking the item relating to section 22 115a and inserting the following new item: 23 ‘‘115a. Annual defense manpower profile report and related reports.’’. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00472 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 473 •S 1790 RS SEC. 1052. REPORT ON DEPARTMENT OF DEFENSE EF- 1 FORTS TO IMPLEMENT A FORCE PLANNING 2 PROCESS IN SUPPORT OF IMPLEMENTATION 3 OF THE 2018 NATIONAL DEFENSE STRATEGY. 4 (a) REPORT REQUIRED.—Not later than February 1, 5 2020, the Under Secretary of Defense for Policy shall sub- 6 mit to the congressional defense committees a report set- 7 ting forth the plan and processes of the Department of 8 Defense to provide analytic support to senior leaders of 9 the Department for the force planning required to imple- 10 ment the 2018 National Defense Strategy. The analytic 11 support shall be designed to weigh options, examine trade- 12 offs across the joint force, and drive decisions on force 13 sizing, shaping, capability, and concept development in 14 order to address the threats outlined in the 2018 National 15 Defense Strategy. 16 (b) ELEMENTS.—The report required by subsection 17 (a) shall include an assessment of the following: 18 (1) The major elements, products, and mile- 19 stones of the force planning process of the Depart- 20 ment. 21 (2) The conclusions and recommendations of 22 the Defense Planning and Analysis Community ini- 23 tiative. 24 (3) The progress of the Department in imple- 25 menting the recommendations of the Comptroller 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00473 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 474 •S 1790 RS General of the United States set forth in Govern- 1 ment Accountability Office Report GAO–19–40C. 2 (4) The progress of the Under Secretary, the 3 Chairman of the Joint Chiefs of Staff, and the Di- 4 rector of Cost Assessment and Program Evaluation 5 in implementing paragraph (5) of section 134(b) of 6 title 10, United States Code, as added by section 7 902(b) of the John S. McCain National Defense Au- 8 thorization Act for Fiscal Year 2019 (Public Law 9 115–232). 10 SEC. 1053. EXTENSION OF ANNUAL REPORTS ON CIVILIAN 11 CASUALTIES IN CONNECTION WITH UNITED 12 STATES MILITARY OPERATIONS. 13 Section 1057(e) of the National Defense Authoriza- 14 tion Act for Fiscal Year 2018 (Public Law 115–91; 131 15 Stat. 1572) is amended by striking ‘‘the date this is five 16 years after the date of the enactment of this Act’’ and 17 inserting ‘‘December 31, 2025’’. 18 SEC. 1054. REPORT ON JOINT FORCE PLAN FOR IMPLEMEN- 19 TATION OF STRATEGIES OF THE DEPART- 20 MENT OF DEFENSE FOR THE ARCTIC. 21 (a) IN GENERAL.—Not later than 270 days after the 22 date on which the Secretary of Defense submits to the 23 congressional defense committees the report on an up- 24 dated Arctic strategy to improve and enhance joint oper- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00474 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 475 •S 1790 RS ations required by section 1071 of the John S. McCain 1 National Defense Authorization Act for Fiscal Year 2019 2 (Public Law 115–232), the Secretary of Defense shall, in 3 coordination with the Secretary of the Army, the Secretary 4 of the Navy, and the Secretary of the Air Force, submit 5 to the congressional defense committees a joint force plan 6 for implementation of the following: 7 (1) The December 2016 Report to Congress on 8 the Strategy to Protect United States National Se- 9 curity Interests in the Arctic Region. 10 (2) The updated Arctic strategy to improve and 11 enhance joint operations. 12 (b) ELEMENTS.—The report required by subsection 13 (a) shall include the following in connection with the strat- 14 egies for the Arctic referred to in that subsection: 15 (1) A description of the specific means for— 16 (A) enhancing the capability of the Armed 17 Forces to defend the homeland and exercise 18 sovereignty; 19 (B) strengthening deterrence at home and 20 abroad; 21 (C) strengthening alliances and partner- 22 ships; 23 (D) preserving freedom of the seas in the 24 Arctic; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00475 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 476 •S 1790 RS (E) engaging public, private, and inter- 1 national partners to improve domain awareness 2 in the Arctic; 3 (F) developing Department of Defense 4 Arctic infrastructure and capabilities consistent 5 with changing conditions and needs; 6 (G) providing support to civil authorities, 7 as directed; 8 (H) partnering with other departments, 9 agencies, and countries to support human and 10 environmental security; and 11 (I) supporting international institutions 12 that promote regional cooperation and the rule 13 of law. 14 (2) An analysis of the operational and contin- 15 gency plans for the protection of United States na- 16 tional security interests in the Arctic region. 17 (3) A description of training, capability, and re- 18 source gaps that must be addressed to execute each 19 mission described in the updated Arctic strategy. 20 (4) A description of the current and projected 21 Arctic capabilities of the Russian Federation and the 22 People’s Republic of China, and an analysis of 23 United States capabilities for satisfying— 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00476 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 477 •S 1790 RS (A) each mission described in the updated 1 Arctic strategy; and 2 (B) the strategic objectives in the National 3 Defense Strategy. 4 (c) FORM.—The report required by subsection (a) 5 shall be submitted in unclassified form, but may include 6 a classified annex. 7 SEC. 1055. REPORT ON USE OF NORTHERN TIER BASES IN 8 IMPLEMENTATION OF ARCTIC STRATEGY OF 9 THE UNITED STATES. 10 (a) IN GENERAL.—Not later than 180 days after the 11 date of the enactment of this Act, the Secretary of De- 12 fense, in coordination with the Secretary of the Air Force, 13 shall submit to the congressional defense committees a re- 14 port outlining how bases in the northern latitudes, includ- 15 ing Northern Tier bases, may be used in the implementa- 16 tion of— 17 (1) recommendations included in the report 18 submitted by the Secretary of Defense to Congress 19 in December 2016 entitled ‘‘Report to Congress on 20 Strategy to Protect United States National Security 21 Interests in the Arctic Region’’; and 22 (2) the updated Arctic strategy to improve and 23 enhance joint operations required to be submitted to 24 the congressional defense committees under section 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 478 •S 1790 RS 1071 of the John S. McCain National Defense Au- 1 thorization Act for Fiscal Year 2019 (Public Law 2 115–232). 3 (b) INCLUSION OF MISSION SETS.—The report under 4 subsection (a) shall include a description of current and 5 future mission sets at Northern Tier bases that may fur- 6 ther the Arctic strategy of the United States. 7 (c) NORTHERN TIER BASES DEFINED.—In this sec- 8 tion, the term ‘‘Northern Tier bases’’ means installations 9 in the continental United States that are located in States 10 bordering Canada. 11 SEC. 1056. REPORT ON THE DEPARTMENT OF DEFENSE 12 PLAN FOR MASS-CASUALTY DISASTER RE- 13 SPONSE OPERATIONS IN THE ARCTIC. 14 (a) SENSE OF SENATE.—It is the sense of the Senate 15 that— 16 (1) the Department of Defense may be called 17 upon to support the Coast Guard and other agencies 18 of the Department of Homeland Security in re- 19 sponding to any mass-casualty disaster response op- 20 erations in the Arctic; 21 (2) coordination between the Department of 22 Defense and the Coast Guard might be necessary for 23 responding to a mass-casualty event in the Arctic; 24 and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00478 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 479 •S 1790 RS (3) prior planning for Arctic mass-casualty dis- 1 aster response operations will bolster the response of 2 the Federal Government to a mass-casualty disaster 3 in the Arctic environment. 4 (b) REPORT.—Not later than 180 days after the date 5 of the enactment of this Act, the Secretary of Defense 6 shall, in coordination with the Secretary of Homeland Se- 7 curity, submit to the appropriate committees of Congress 8 a report on the plan of the Department of Defense for 9 assisting mass-casualty disaster response operations in the 10 Arctic. 11 (c) ELEMENTS.—The report required by subsection 12 (b) shall include the following: 13 (1) A description of the assets that could be 14 made available to support other agencies and depart- 15 ments of the Federal Government for mass-casualty 16 disaster response operations in the Arctic. 17 (2) A description and assessment of the com- 18 mand, control, and coordination relationships that 19 would be useful to integrate rescue forces for such 20 operations from multiple departments and agencies 21 of the Federal Government. 22 (3) A description and assessment of the com- 23 munications assets that could be made available in 24 support of other agencies and departments of the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00479 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 480 •S 1790 RS Federal Government for communication and coordi- 1 nation in such operations. 2 (4) A description of any cooperative arrange- 3 ments with Canada and other regional partners in 4 providing rescue assets and infrastructure in connec- 5 tion with such operations. 6 (5) A description of available medical infra- 7 structure and assets that could be made available in 8 support of other agencies and departments of the 9 Federal Government for aeromedical evacuation in 10 connection with such operations. 11 (6) A description of available shelter locations 12 that could be made available in support of other 13 agencies and departments of the Federal Govern- 14 ment for use in connection with such operations, in- 15 cluding the number of people that can be sheltered 16 per location. 17 (7) An assessment of logistical challenges that 18 evacuations from the Arctic in connection with such 19 operations entail, including potential rotary and 20 fixed-wing aircraft trans-load locations and onward 21 movement requirements. 22 (d) APPROPRIATE COMMITTEES OF CONGRESS DE- 23 FINED.—In this section, the term ‘‘appropriate commit- 24 tees of Congress’’ means— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 481 •S 1790 RS (1) the Committee on Armed Services, the 1 Committee on Homeland Security and Governmental 2 Affairs, and the Committee on Appropriations of the 3 Senate; and 4 (2) the Committee on Armed Services, the 5 Committee on Homeland Security, and the Com- 6 mittee on Appropriations of the House of Represent- 7 atives. 8 SEC. 1057. ANNUAL REPORTS ON APPROVAL OF EMPLOY- 9 MENT OR COMPENSATION OF RETIRED GEN- 10 ERAL OR FLAG OFFICERS BY FOREIGN GOV- 11 ERNMENTS FOR EMOLUMENTS CLAUSE PUR- 12 POSES. 13 (a) ANNUAL REPORTS.—Section 908 of title 37, 14 United States Code, is amended by adding at the end the 15 following new subsection: 16 ‘‘(d) ANNUAL REPORTS ON APPROVALS FOR RE- 17 TIRED GENERAL AND FLAG OFFICERS.—(1) Not later 18 than January 31 each year, the Secretaries of the military 19 departments shall jointly submit to the appropriate com- 20 mittees and Members of Congress a report on each ap- 21 proval under subsection (b) for employment or compensa- 22 tion described in subsection (a) for a retired member of 23 the armed forces in a general or flag officer grade that 24 was issued during the preceding year. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00481 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 482 •S 1790 RS ‘‘(2) In this subsection, the appropriate committees 1 and Members of Congress are— 2 ‘‘(A) the Committee on Armed Services, the 3 Committee on Foreign Relations, and the Committee 4 on Appropriations of the Senate; 5 ‘‘(B) the Committee on Armed Services, the 6 Committee on Foreign Affairs, and the Committee 7 on Appropriations of the House of Representatives; 8 ‘‘(C) the Majority Leader and the Minority 9 Leader of the Senate; and 10 ‘‘(D) the Speaker of the House of Representa- 11 tives and the Minority Leader of the House of Rep- 12 resentatives.’’. 13 (b) SCOPE OF FIRST REPORT.—The first report sub- 14 mitted pursuant to subsection (d) of section 908 of title 15 37, United States Code (as added by subsection (a) of this 16 section), after the date of the enactment of this Act shall 17 cover the five-year period ending with the year before the 18 year in which such report is submitted. 19 SEC. 1058. TRANSMITTAL TO CONGRESS OF REQUESTS FOR 20 ASSISTANCE RECEIVED BY THE DEPART- 21 MENT OF DEFENSE FROM OTHER DEPART- 22 MENTS. 23 (a) REQUESTS FOR ASSISTANCE.—Not later than 24 seven calendar days after the receipt by the Department 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00482 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 483 •S 1790 RS of Defense of a Request for Assistance from the Depart- 1 ment of Homeland Security or the Department of Health 2 and Human Services, the Secretary of Defense shall elec- 3 tronically transmit to the Committees on Armed Services 4 of the Senate and the House of Representatives a copy 5 of such Request for Assistance. 6 (b) RESPONSES TO REQUESTS.—At the same time 7 the Secretary of Defense submits to the Secretary of 8 Homeland Security or the Secretary of Health and 9 Human Services an official response of the Department 10 of Defense to a Request for Assistance from the Depart- 11 ment of Homeland Security or the Department of Health 12 and Human Services, as applicable, the Secretary of De- 13 fense shall transmit to the Committees on Armed Services 14 of the Senate and the House of Representatives a copy 15 of such official response. 16 SEC. 1059. SEMIANNUAL REPORT ON CONSOLIDATED ADJU- 17 DICATION FACILITY OF THE DEFENSE COUN- 18 TERINTELLIGENCE AND SECURITY AGENCY. 19 Not less frequently than once every six months until 20 the Director of the Defense Counterintelligence and Secu- 21 rity Agency determines that a steady-state level has been 22 achieved for the Consolidated Adjudication Facility of the 23 Agency, the Director shall submit to the congressional de- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00483 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 484 •S 1790 RS fense committees a report on inventory and timeliness 1 metrics relating to such facility. 2 SEC. 1060 COMPTROLLER GENERAL OF THE UNITED 3 STATES REPORT ON POST-GOVERNMENT EM- 4 PLOYMENT OF FORMER DEPARTMENT OF DE- 5 FENSE OFFICIALS. 6 Not later than 90 days after the date of the enact- 7 ment of this Act, the Comptroller General of the United 8 States shall initiate a review updating the information and 9 findings contained in the May 2008 Government Account- 10 ability Office report entitled, ‘‘Defense Contracting: Post- 11 Government Employment of Former DOD Officials Needs 12 Greater Transparency’’ (GAO–08–485). The Comptroller 13 General shall provide an interim briefing on the status of 14 the review to the congressional defense committees not 15 later than December 31, 2020, with a report to follow by 16 a date agreed upon with the committees. 17 Subtitle G—Treatment of Contami- 18 nated Water Near Military In- 19 stallations 20 SEC. 1071. SHORT TITLE. 21 This subtitle may be cited as the ‘‘Prompt and Fast 22 Action to Stop Damages Act of 2019’’. 23 SEC. 1072. DEFINITIONS. 24 In this subtitle: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00484 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 485 •S 1790 RS (1) PFOA.—The term ‘‘PFOA’’ means 1 perfluorooctanoic acid. 2 (2) PFOS.—The term ‘‘PFOS’’ means 3 perfluorooctane sulfonate. 4 SEC. 1073. PROVISION OF WATER UNCONTAMINATED WITH 5 PERFLUOROOCTANOIC ACID (PFOA) AND 6 PERFLUOROOCTANE SULFONATE (PFOS) FOR 7 AGRICULTURAL PURPOSES. 8 (a) AUTHORITY.— 9 (1) IN GENERAL.—Using amounts authorized 10 to be appropriated or otherwise made available for 11 operation and maintenance for the military depart- 12 ment concerned, or for operation and maintenance 13 Defense-wide in the case of the Secretary of De- 14 fense, the Secretary concerned may provide water 15 sources uncontaminated with perfluoroalkyl and 16 polyfluoroalkyl substances, including PFOA and 17 PFOS, or treatment of contaminated waters, for ag- 18 ricultural purposes used to produce products des- 19 tined for human consumption in an area in which a 20 water source has been determined pursuant to para- 21 graph (2) to be contaminated with such compounds 22 by reason of activities on a military installation 23 under the jurisdiction of the Secretary concerned. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 486 •S 1790 RS (2) APPLICABLE STANDARD.—For purposes of 1 paragraph (1), an area is determined to be contami- 2 nated with PFOA or PFOS if— 3 (A) the level of contamination is above the 4 Lifetime Health Advisory for contamination 5 with such compounds issued by the Environ- 6 mental Protection Agency and printed in the 7 Federal Register on May 25, 2016; or 8 (B) on or after the date the Food and 9 Drug Administration sets a standard for PFOA 10 and PFOS in raw agricultural commodities and 11 milk, the level of contamination is above such 12 standard. 13 (b) SECRETARY CONCERNED DEFINED.—In this sec- 14 tion, the term ‘‘Secretary concerned’’ means the following: 15 (1) The Secretary of the Army, with respect to 16 the Army. 17 (2) The Secretary of the Navy, with respect to 18 the Navy, the Marine Corps, and the Coast Guard 19 (when it is operating as a service in the Navy). 20 (3) The Secretary of the Air Force, with re- 21 spect to the Air Force. 22 (4) The Secretary of Defense, with respect to 23 the Defense Agencies. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00486 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 487 •S 1790 RS SEC. 1074. ACQUISITION OF REAL PROPERTY BY AIR 1 FORCE. 2 (a) AUTHORITY.— 3 (1) IN GENERAL.—The Secretary of the Air 4 Force may acquire one or more parcels of real prop- 5 erty within the vicinity of an Air Force base that 6 has shown signs of contamination from PFOA and 7 PFOS due to activities on the base and which would 8 extend the contiguous geographic footprint of the 9 base and increase the force protection standoff near 10 critical infrastructure and runways. 11 (2) IMPROVEMENTS AND PERSONAL PROP- 12 ERTY.—The authority under paragraph (1) to ac- 13 quire real property described in that paragraph shall 14 include the authority to purchase improvements and 15 personal property located on that real property. 16 (3) RELOCATION EXPENSES.—The authority 17 under paragraph (1) to acquire real property de- 18 scribed in that paragraph shall include the authority 19 to provide Federal financial assistance for moving 20 costs, relocation benefits, and other expenses in- 21 curred in accordance with the Uniform Relocation 22 Assistance and Real Property Acquisition Policies 23 Act of 1970 (42 U.S.C. 4601 et seq.). 24 (b) ENVIRONMENTAL ACTIVITIES.—The Air Force 25 shall conduct such activities at a parcel or parcels of real 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 488 •S 1790 RS property acquired under subsection (a) as are necessary 1 to remediate contamination from PFOA and PFOS re- 2 lated to activities at the Air Force base. 3 (c) FUNDING.—Funds for the land acquisitions au- 4 thorized under subsection (a) shall be derived from 5 amounts authorized to be appropriated for fiscal year 6 2020 for military construction or the unobligated balances 7 of appropriations for military construction that are en- 8 acted after the date of the enactment of this Act. 9 (d) RULE OF CONSTRUCTION.—The authority under 10 this section constitutes authority to carry out land acquisi- 11 tions for purposes of section 2802 of title 10, United 12 States Code. 13 SEC. 1075. REMEDIATION PLAN. 14 (a) IN GENERAL.—Not later than 180 days after the 15 date of the enactment of this Act, the Secretary of Defense 16 shall submit to Congress a remediation plan for cleanup 17 of all water at or adjacent to a military base that is con- 18 taminated with PFOA or PFOS. 19 (b) STUDY.—In preparing the remediation plan 20 under subsection (a), the Secretary shall conduct a study 21 on the contamination of water at military bases with 22 PFOA or PFOS. 23 (c) BUDGET AMOUNT.—The Secretary shall ensure 24 that each budget of the President submitted to Congress 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00488 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 489 •S 1790 RS under section 1105(a) of title 31, United States Code, re- 1 quests funding in amounts necessary to address remedi- 2 ation efforts under the remediation plan submitted under 3 subsection (a). 4 Subtitle H—Other Matters 5 SEC. 1081. REVISION TO AUTHORITIES RELATING TO MAIL 6 SERVICE FOR MEMBERS OF THE ARMED 7 FORCES AND DEPARTMENT OF DEFENSE CI- 8 VILIANS OVERSEAS. 9 (a) ELIGIBILITY FOR FREE MAIL.—Section 3401(a) 10 of title 39, United States Code, is amended to read as 11 follows: 12 ‘‘(a)(1) First-class letter mail having the character of 13 personal correspondence shall be carried, at no cost to the 14 sender, in the manner provided by this section, when 15 mailed by an eligible individual described in paragraph (2) 16 and addressed to a place within the delivery limits of a 17 United States post office, if— 18 ‘‘(A) such letter mail is mailed by the eligi- 19 ble individual at an Armed Forces post office 20 established in an overseas area designated by 21 the President, where the Armed Forces of the 22 United States are deployed for a contingency 23 operation as determined by the Secretary of De- 24 fense; or 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00489 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 490 •S 1790 RS ‘‘(B) the eligible individual is hospitalized 1 as a result of disease or injury incurred as a re- 2 sult of service in an overseas area designated by 3 the President under subparagraph (A). 4 ‘‘(2) An eligible individual described in this 5 paragraph is— 6 ‘‘(A) a member of the Armed Forces of the 7 United States on active duty, as defined in sec- 8 tion 101 of title 10; or 9 ‘‘(B) a civilian employee of the Depart- 10 ment of Defense or a military department who 11 is providing support to military operations.’’. 12 (b) SURFACE SHIPMENT OF MAIL AUTHORIZED.— 13 Section 3401 of title 39, United States Code, is amend- 14 ed— 15 (1) by striking subsection (c); 16 (2) by redesignating subsections (d), (e), (f), 17 and (g) as subsections (c), (d), (e), and (f), respec- 18 tively; and 19 (3) by amending subsection (b) to read as fol- 20 lows: 21 ‘‘(b) There shall be transported by surface or air, 22 consistent with the service purchased by the mailer, be- 23 tween Armed Forces post offices or from an Armed Forces 24 post office to a point of entry into the United States, the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00490 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 491 •S 1790 RS following categories of mail matter which are mailed at 1 any such Armed Forces post office: 2 ‘‘(1) Letter mail communications having the 3 character of personal correspondence. 4 ‘‘(2) Any parcel exceeding 1 pound in weight 5 but less than 70 pounds in weight and less than 130 6 inches in length and girth combined. 7 ‘‘(3) Publications published not less frequently 8 than once per week and featuring principally current 9 news of interest to members of the Armed Forces of 10 the United States and the general public.’’. 11 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 12 (1) Section 3401 of title 39, United States 13 Code, is amended in the section heading by striking 14 ‘‘and of friendly foreign nations’’. 15 (2) The table of sections for chapter 34 of title 16 39, United States Code, is amended by striking the 17 item relating to section 3401 and inserting the fol- 18 lowing: 19 ‘‘3401. Mailing privileges of members of Armed Forces of the United States.’’. VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00491 Fmt 6652 Sfmt 6211 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 492 •S 1790 RS SEC. 1082. ACCESS TO AND USE OF MILITARY POST OF- 1 FICES BY UNITED STATES CITIZENS EM- 2 PLOYED OVERSEAS BY THE NORTH ATLANTIC 3 TREATY ORGANIZATION WHO PERFORM 4 FUNCTIONS IN SUPPORT OF MILITARY OPER- 5 ATIONS OF THE ARMED FORCES. 6 Section 406 of title 39, United States Code, is 7 amended by adding at the end the following: 8 ‘‘(c)(1) The Secretary of Defense may authorize the 9 use of a post office established under subsection (a) in 10 a location outside the United States by citizens of the 11 United States— 12 ‘‘(A) who— 13 ‘‘(i) are employed by the North Atlantic 14 Treaty Organization; and 15 ‘‘(ii) perform functions in support of the 16 Armed Forces of the United States; and 17 ‘‘(B) if the Secretary makes a written deter- 18 mination that such use is— 19 ‘‘(i) in the best interests of the Depart- 20 ment of Defense; and 21 ‘‘(ii) otherwise authorized by applicable 22 host nation law or agreement. 23 ‘‘(2) No funds may be obligated or expended to estab- 24 lish, maintain, or expand a post office established under 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00492 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 493 •S 1790 RS subsection (a) for the purpose of use described in para- 1 graph (1) of this subsection.’’. 2 SEC. 1083. GUARANTEE OF RESIDENCY FOR SPOUSES OF 3 MEMBERS OF UNIFORMED SERVICES. 4 (a) IN GENERAL.—Title VI of the Servicemembers 5 Civil Relief Act (50 U.S.C. 4021 et seq.) is amended by 6 adding at the end the following new section: 7 ‘‘SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF 8 SERVICEMEMBERS. 9 ‘‘For the purposes of establishing the residency of a 10 spouse of a servicemember for any purpose, the spouse of 11 a servicemember may elect to use the same residence as 12 the servicemember regardless of the date on which the 13 marriage of the spouse and the servicemember occurred.’’. 14 (b) CLERICAL AMENDMENT.—The table of contents 15 in section 1(b) of such Act is amended by inserting after 16 the item relating to section 706 the following new item: 17 ‘‘Sec. 707. Guarantee of residency for spouses of servicemembers.’’. SEC. 1084. EXTENSION OF REQUIREMENT FOR BRIEFINGS 18 ON THE NATIONAL BIODEFENSE STRATEGY. 19 Section 1086(d) of the National Defense Authoriza- 20 tion Act for Fiscal year 2017 (Public Law 114–328; 130 21 Stat. 2423; 6 U.S.C. 104) is amended by striking ‘‘March 22 1, 2019’’ and inserting ‘‘March 1, 2025’’. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00493 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 494 •S 1790 RS SEC. 1085. EXTENSION OF NATIONAL COMMISSION ON MILI- 1 TARY AVIATION SAFETY. 2 (a) EXTENSION OF DEADLINE FOR REPORT.—Sec- 3 tion 1087(h)(2) of the John S. McCain National Defense 4 Authorization Act for Fiscal Year 2019 (Public Law 115– 5 232; 132 Stat. 1995) is amended by striking ‘‘March 1, 6 2020’’ and inserting ‘‘December 31, 2020’’. 7 (b) CALENDAR YEAR 2020 FUNDING.—Of the 8 amount authorized to be appropriated for fiscal year 2020 9 for the Department of Defense by this Act, $3,000,000 10 shall be available for the National Commission on Aviation 11 Safety under section 1087 of the John S. McCain National 12 Defense Authorization Act for Fiscal Year 2019 in cal- 13 endar year 2020. 14 TITLE XI—CIVILIAN PERSONNEL 15 MATTERS 16 SEC. 1101. MODIFICATION OF TEMPORARY ASSIGNMENTS 17 OF DEPARTMENT OF DEFENSE EMPLOYEES 18 TO A PRIVATE-SECTOR ORGANIZATION. 19 Section 1599g(e)(2)(A) of title 10, United States 20 Code, is amended by inserting ‘‘permanent’’ after ‘‘with- 21 out the’’. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00494 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 495 •S 1790 RS SEC. 1102. MODIFICATION OF NUMBER OF AVAILABLE AP- 1 POINTMENTS FOR CERTAIN AGENCIES 2 UNDER PERSONNEL MANAGEMENT AUTHOR- 3 ITY TO ATTRACT EXPERTS IN SCIENCE AND 4 ENGINEERING. 5 Section 1599h(b)(1) of title 10, United States Code, 6 is amended— 7 (1) in subparagraph (A), by striking ‘‘40’’ and 8 inserting ‘‘10’’; and 9 (2) in subparagraph (B), by striking ‘‘100’’ and 10 inserting ‘‘130’’. 11 SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR- 12 ITY TO GRANT ALLOWANCES, BENEFITS, AND 13 GRATUITIES TO CIVILIAN PERSONNEL ON OF- 14 FICIAL DUTY IN A COMBAT ZONE. 15 Paragraph (2) of section 1603(a) of the Emergency 16 Supplemental Appropriations Act for Defense, the Global 17 War on Terror, and Hurricane Recovery, 2006 (Public 18 Law 109–234; 120 Stat. 443), as added by section 1102 19 of the Duncan Hunter National Defense Authorization 20 Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 21 4616) and most recently amended by section 1115 of the 22 John S. McCain National Defense Authorization Act for 23 Fiscal Year 2019 (Public Law 115–232), is further 24 amended by striking ‘‘2020’’ and inserting ‘‘2021’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00495 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 496 •S 1790 RS SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 1 ANNUAL LIMITATION ON PREMIUM PAY AND 2 AGGREGATE LIMITATION ON PAY FOR FED- 3 ERAL CIVILIAN EMPLOYEES WORKING OVER- 4 SEAS. 5 Subsection (a) of section 1101 of the Duncan Hunter 6 National Defense Authorization Act for Fiscal Year 2009 7 (Public Law 110–417; 122 Stat. 4615), as most recently 8 amended by section 1104(a) of the John S. McCain Na- 9 tional Defense Authorization Act for Fiscal Year 2019 10 (Public Law 115–232), is further amended by striking 11 ‘‘through 2019’’ and inserting ‘‘through 2020’’. 12 SEC. 1105. REIMBURSEMENT OF FEDERAL EMPLOYEES FOR 13 FEDERAL, STATE, AND LOCAL INCOME TAXES 14 INCURRED DURING TRAVEL, TRANSPOR- 15 TATION, AND RELOCATION. 16 (a) IN GENERAL.—5724b of title 5, United States 17 Code, is amended— 18 (1) in the section heading by striking ‘‘of em- 19 ployees transferred’’; 20 (2) in subsection (a)— 21 (A) in the first sentence, by striking ‘‘em- 22 ployee, or by an employee and such employee’s 23 spouse (if filing jointly), for any moving or stor- 24 age’’ and inserting ‘‘individual, or by an indi- 25 vidual and such individual’s spouse (if filing 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 497 •S 1790 RS jointly), for any travel, transportation, or relo- 1 cation’’; and 2 (B) in the second sentence, by striking 3 ‘‘employee’’ and inserting ‘‘individual, or the in- 4 dividual’’; and 5 (3) by striking subsection (b) and inserting the 6 following: 7 ‘‘(b) For purposes of this section, the term ‘travel, 8 transportation, or relocation expenses’ means all travel, 9 transportation, or relocation expenses reimbursed or fur- 10 nished in kind pursuant to this subchapter or chapter 11 41.’’. 12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 13 The table of sections for chapter 57 of title 5, United 14 States Code, is amended by striking the item relating to 15 section 5724b and inserting the following: 16 ‘‘5724b. Taxes on reimbursements for travel, transportation, and relocation ex- penses.’’. (c) EFFECTIVE DATE.—The amendments made by 17 this section shall— 18 (1) take effect on the date of the enactment of 19 this Act; and 20 (2) apply to travel, transportation, or relocation 21 expenses incurred on or after that date. 22 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00497 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 498 •S 1790 RS TITLE XII—MATTERS RELATING 1 TO FOREIGN NATIONS 2 Subtitle A—Assistance and 3 Training 4 SEC. 1201. EXTENSION OF SUPPORT OF SPECIAL OPER- 5 ATIONS FOR IRREGULAR WARFARE. 6 Section 1202(a) of the National Defense Authoriza- 7 tion Act for Fiscal Year 2018 (Public Law 115–91; 131 8 Stat. 1639) is amended by striking ‘‘fiscal years 2018 9 through 2020’’ and inserting ‘‘fiscal years 2020 through 10 2025’’. 11 SEC. 1202. EXTENSION OF AUTHORITY FOR CROSS SERV- 12 ICING AGREEMENTS FOR LOAN OF PER- 13 SONNEL PROTECTION AND PERSONNEL SUR- 14 VIVABILITY EQUIPMENT IN COALITION OPER- 15 ATIONS. 16 Section 1207(e) of the Carl Levin and Howard P. 17 ‘‘Buck’’ McKeon National Defense Authorization Act for 18 Fiscal Year 2015 (10 U.S.C. 2342 note) is amended by 19 striking ‘‘September 30, 2019’’ and inserting ‘‘September 20 30, 2024’’. 21 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00498 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 499 •S 1790 RS SEC. 1203. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY 1 FOR GLOBAL SECURITY CONTINGENCY FUND. 2 Section 1207 of the National Defense Authorization 3 Act for Fiscal Year 2012 (22 U.S.C. 2151 note) is amend- 4 ed— 5 (1) in subsection (i)(1), by striking ‘‘September 6 30, 2019’’ and inserting ‘‘September 30, 2021’’; and 7 (2) in subsection (o)— 8 (A) in the first sentence, by striking ‘‘Sep- 9 tember 30, 2019’’ and inserting ‘‘September 30, 10 2021’’; and 11 (B) in the second sentence, by striking 12 ‘‘through 2019’’ and inserting ‘‘through 2021’’. 13 SEC. 1204. MODIFICATION OF REPORTING REQUIREMENT 14 FOR USE OF FUNDS FOR SECURITY CO- 15 OPERATION PROGRAMS AND ACTIVITIES. 16 Section 381(b) of title 10, United States Code, is 17 amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 18 SEC. 1205. INSTITUTIONAL LEGAL CAPACITY BUILDING INI- 19 TIATIVE FOR FOREIGN DEFENSE FORCES. 20 (a) AUTHORIZATION.—The Secretary of Defense may 21 carry out, consistent with section 332 of title 10, United 22 States Code, an initiative of institutional legal capacity 23 building in collaboration with the appropriate institutions 24 of one or more foreign countries to enhance the capacity 25 of the applicable foreign country to organize, administer, 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00499 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 500 •S 1790 RS manage, maintain, sustain, or oversee the military legal 1 institutions of such country. 2 (b) PURPOSE.—The purpose of the initiative under 3 subsection (a) is to enhance, as appropriate, the institu- 4 tional legal capacity of the applicable foreign country to 5 do the following: 6 (1) Integrate legal matters into the authority, 7 doctrine, and policies of the defense ministry of such 8 country. 9 (2) Provide appropriate legal support to com- 10 manders conducting military operations. 11 (3) With respect to military law, institutionalize 12 education, training, and professional development for 13 military personnel, including military lawyers, offi- 14 cers, and civilian leadership within such defense 15 ministry. 16 (4) Establish a military justice system that is 17 objective, transparent, and impartial. 18 (5) Build the legal capacity of military forces to 19 provide equitable, transparent, and accountable in- 20 stitutions and provide for anti-corruption measures 21 within such defense ministry. 22 (6) Build capacity— 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00500 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 501 •S 1790 RS (A) to provide for the protection of civil- 1 ians consistent with the law of armed conflict; 2 and 3 (B) to investigate incidents of civilian cas- 4 ualties. 5 (7) Promote understanding and observance of— 6 (A) the law of armed conflict; 7 (B) human rights and fundamental free- 8 doms; 9 (C) the rule of law; and 10 (D) civilian control of the military. 11 (c) ELEMENTS.—The initiative under subsection (a) 12 shall include the following elements: 13 (1) An assessment of the organizational weak- 14 nesses for institutional legal capacity building of the 15 applicable foreign country, including baseline infor- 16 mation, an assessment of gaps in the capability and 17 capacity of the appropriate institutions of such coun- 18 try, and any other indicator of efficacy for purposes 19 of monitoring and evaluation, as determined by the 20 Secretary. 21 (2) A multi-year engagement plan for building 22 institutional capacity that addresses the weaknesses 23 identified under paragraph (1), including objectives, 24 milestones, and a timeline. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 502 •S 1790 RS (3) The assignment of advisors, as appropriate, 1 to the ministry of defense or other institutions of 2 such country to assist in building core legal institu- 3 tional capacity, competencies, and capabilities. 4 (4) A measure for monitoring the implementa- 5 tion of the initiative and evaluating the efficiency 6 and effectiveness of the initiative, consistent with 7 section 383 of title 10, United States Code. 8 (d) REPORTS.— 9 (1) IN GENERAL.—Not later than 30 days after 10 the end of each fiscal year beginning in fiscal year 11 2020 through the fiscal year in which the initiative 12 under subsection (a) terminates, the Secretary shall 13 submit to the Committee on Armed Services of the 14 Senate and the Committee on Armed Services of the 15 House of Representatives a report on the progress of 16 the legal capacity building activities under this sec- 17 tion. 18 (2) MATTERS TO BE INCLUDED.—Each report 19 under paragraph (1) shall include, for the preceding 20 fiscal year, the following: 21 (A) The names of the one or more coun- 22 tries in which the initiative was conducted. 23 (B) For each such country— 24 (i) the purpose of the initiative; 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 503 •S 1790 RS (ii) the objectives, milestones, and 1 timeline of the initiative; 2 (iii) the number and type of advisors 3 assigned and deployed to the country, as 4 applicable; 5 (iv) an assessment of the progress of 6 the implementation of the initiative; and 7 (v) an evaluation of the efficiency and 8 effectiveness of the initiative. 9 (e) SUNSET.—The initiative under subsection (a) 10 shall terminate on the date that is five years after the date 11 of the enactment of this Act. 12 SEC. 1206. DEPARTMENT OF DEFENSE SUPPORT FOR STA- 13 BILIZATION ACTIVITIES IN NATIONAL SECU- 14 RITY INTEREST OF THE UNITED STATES. 15 (a) IN GENERAL.—The Secretary of Defense may, 16 with the concurrence of the Secretary of State and in con- 17 sultation with the Administrator of the United States 18 Agency for International Development, provide support for 19 the stabilization activities of other Federal agencies speci- 20 fied under subsection (c). 21 (b) DESIGNATION OF FOREIGN AREAS.— 22 (1) IN GENERAL.—Amounts authorized to be 23 provided pursuant to this section shall be available 24 only for support for stabilization activities— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 504 •S 1790 RS (A) in a country specified in paragraph 1 (2); and 2 (B) that the Secretary of Defense, with the 3 concurrence of the Secretary of State, has de- 4 termined are in the national security interest of 5 the United States. 6 (2) SPECIFIED COUNTRIES.—The countries 7 specified in this paragraph are as follows: 8 (A) Iraq. 9 (B) Syria. 10 (C) Afghanistan. 11 (D) Somalia. 12 (E) Yemen. 13 (F) Libya. 14 (c) SUPPORT TO OTHER AGENCIES.— 15 (1) IN GENERAL.—Support may be provided for 16 stabilization activities under subsection (a) to the 17 Department of State, the United States Agency for 18 International Development, or other Federal agen- 19 cies, on a reimbursable or nonreimbursable basis. 20 (2) TYPE OF SUPPORT.—Support under sub- 21 section (a) may consist of— 22 (A) logistic support, supplies, and services; 23 and 24 (B) equipment. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00504 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 505 •S 1790 RS (d) REQUIREMENT FOR A STABILIZATION STRAT- 1 EGY.— 2 (1) LIMITATION.—With respect to any country 3 specified in subsection (b)(2), no amount of support 4 may be provided under subsection (a) until 15 days 5 after the date on which the Secretary of Defense, 6 with the concurrence of the Secretary of State, sub- 7 mits to the appropriate committees of Congress a 8 detailed report setting forth a stabilization strategy 9 for such country. 10 (2) ELEMENTS OF STRATEGY.—The stabiliza- 11 tion strategy required by paragraph (1) shall set 12 forth the following: 13 (A) The United States interests in con- 14 ducting stabilization activities in the country 15 specified in subsection (b)(2). 16 (B) The key foreign partners and actors in 17 such country. 18 (C) The desired end states and objectives 19 of the United States stabilization activities in 20 such country. 21 (D) The Department of Defense support 22 intended to be provided for the stabilization ac- 23 tivities of other Federal agencies under sub- 24 section (a). 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00505 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 506 •S 1790 RS (E) Any mechanism for civil-military co- 1 ordination regarding support for stabilization 2 activities. 3 (F) The mechanisms for monitoring and 4 evaluating the effectiveness of Department of 5 Defense support for United States stabilization 6 activities in the area. 7 (e) IMPLEMENTATION IN ACCORDANCE WITH GUID- 8 ANCE.—Support provided under subsection (a) shall be 9 implemented in accordance with the guidance of the De- 10 partment of Defense entitled ‘‘DoD Directive 3000.05 11 Stabilization’’, dated December 13, 2018 (or successor 12 guidance). 13 (f) REPORT.—The Secretary of Defense, with the 14 concurrence of the Secretary of State, shall submit to the 15 appropriate committees of Congress on an annual basis 16 a report that includes the following: 17 (1) The identification of each foreign area with- 18 in countries specified in subsection (b)(2) for which 19 support to stabilization has occurred. 20 (2) The total amount spent by the Department 21 of Defense, broken out by recipient Federal agency 22 and activity. 23 (3) An assessment of the contribution of each 24 activity toward greater stability. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00506 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 507 •S 1790 RS (4) An articulation of any plans for continued 1 Department of Defense support to stabilization in 2 the specified foreign area in order to maintain or im- 3 prove stability. 4 (5) Other matters as the Secretary of Defense 5 considers to be appropriate. 6 (g) USE OF FUNDS.— 7 (1) SOURCE OF FUNDS.—Amounts for activities 8 carried out under this section in a fiscal year shall 9 be derived only from amounts authorized to be ap- 10 propriated for such fiscal year for the Department 11 of Defense for Operation and Maintenance, Defense- 12 wide. 13 (2) LIMITATION.—Not more than $25,000,000 14 in each fiscal year is authorized to be used to pro- 15 vide nonreimbursable support under this section. 16 (h) EXPIRATION.—The authority provided under this 17 section may not be exercised after December 31, 2020. 18 (i) DEFINITIONS.—In this section: 19 (1) APPROPRIATE COMMITTEES OF CON- 20 GRESS.—The term ‘‘appropriate committees of Con- 21 gress’’ means— 22 (A) the Committee on Armed Services and 23 the Committee on Foreign Relations of the Sen- 24 ate; and 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 508 •S 1790 RS (B) the Committee on Armed Services and 1 the Committee on Foreign Affairs of the House 2 of Representatives. 3 (2) LOGISTIC SUPPORT, SUPPLIES, AND SERV- 4 ICES.—The term ‘‘logistic support, supplies, and 5 services’’ has the meaning given the term in section 6 2350(1) of title 10 United States Code. 7 Subtitle B—Matters Relating to 8 Afghanistan and Pakistan 9 SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DE- 10 FENSE ARTICLES AND PROVIDE DEFENSE 11 SERVICES TO THE MILITARY AND SECURITY 12 FORCES OF AFGHANISTAN. 13 (a) EXTENSION.—Subsection (h) of section 1222 of 14 the National Defense Authorization Act for Fiscal Year 15 2013 (Public Law 112–239; 126 Stat. 1992), as most re- 16 cently amended by section 1221 of the John S. McCain 17 National Defense Authorization Act for Fiscal Year 2019 18 (Public Law 115–232), is further amended by striking 19 ‘‘December 31, 2020’’ and inserting ‘‘December 31, 20 2021’’. 21 (b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 22 of such section 1222, as so amended, is further amended 23 by striking ‘‘December 31, 2020’’ each place it appears 24 and inserting ‘‘December 31, 2021’’. 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00508 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 509 •S 1790 RS SEC. 1212. AFGHANISTAN SECURITY FORCES FUND. 1 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated for fiscal year 2020 for the 3 Afghanistan Security Forces Fund, as established by sec- 4 tion 1513 of the National Defense Authorization Act for 5 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 428), 6 as most recently amended by section 1223(b) of the John 7 S. McCain National Defense Authorization Act for Fiscal 8 Year 2019 (Public Law 115–232), $4,803,978,000. 9 (b) CONTINUATION OF PRIOR AUTHORITIES AND NO- 10 TICE AND REPORTING REQUIREMENTS.—Funds available 11 to the Department of Defense for the Afghanistan Secu- 12 rity Forces Fund for fiscal year 2020 shall be subject to 13 the conditions contained in subsections (b) through (f) of 14 such section 1513. 15 (c) USE OF FUNDS.— 16 (1) TYPE OF ASSISTANCE.—Subsection (b)(2) 17 of such section 1513 is amended by inserting ‘‘(in- 18 cluding program and security assistance manage- 19 ment support)’’ after ‘‘services’’. 20 (d) EQUIPMENT DISPOSITION.— 21 (1) ACCEPTANCE OF CERTAIN EQUIPMENT.— 22 Subject to paragraph (2), the Secretary of Defense 23 may accept equipment that is procured using 24 amounts authorized to be appropriated for the Af- 25 ghanistan Security Forces Fund by this Act and is 26 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00509 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 510 •S 1790 RS intended for transfer to the security forces of Af- 1 ghanistan, but is not accepted by such security 2 forces. 3 (2) CONDITIONS ON ACCEPTANCE OF EQUIP- 4 MENT.—Before accepting any equipment under 5 paragraph (1), the Commander of United States 6 forces in Afghanistan shall make a determination 7 that the equipment was procured for the purpose of 8 meeting requirements of the security forces of Af- 9 ghanistan, as agreed to by both the Government of 10 Afghanistan and the United States, but is no longer 11 required by such security forces or was damaged be- 12 fore transfer to such security forces. 13 (3) ELEMENTS OF DETERMINATION.—In mak- 14 ing a determination under paragraph (2), the Com- 15 mander of United States forces in Afghanistan shall 16 consider alternatives to acceptance of the equipment 17 by the Secretary. An explanation of each determina- 18 tion, including the basis for the determination and 19 the alternatives considered, shall be included in the 20 relevant quarterly report under paragraph (5). 21 (4) TREATMENT AS DEPARTMENT OF DEFENSE 22 STOCKS.—Equipment accepted under paragraph (1) 23 may be treated as stocks of the Department of De- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00510 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 511 •S 1790 RS fense upon notification to the congressional defense 1 committees of such treatment. 2 (5) QUARTERLY REPORTS ON EQUIPMENT DIS- 3 POSITION.— 4 (A) IN GENERAL.—Not later than 90 days 5 after the date of the enactment of this Act, and 6 every 90-day period thereafter during which the 7 authority provided by paragraph (1) is exer- 8 cised, the Secretary shall submit to the congres- 9 sional defense committees a report describing 10 the equipment accepted during the period cov- 11 ered by such report under the following: 12 (i) This subsection. 13 (ii) Section 1531(d) of the National 14 Defense Authorization Act for Fiscal Year 15 2014 (Public Law 113–66; 127 Stat. 938; 16 10 U.S.C. 2302 note). 17 (iii) Section 1532(b) of the Carl Levin 18 and Howard P. ‘‘Buck’’ McKeon National 19 Defense Authorization Act for Fiscal Year 20 2015 (Public Law 113–291; 128 Stat. 21 3612). 22 (B) ELEMENTS.—Each report under sub- 23 paragraph (A) shall include a list of all equip- 24 ment accepted during the period covered by the 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00511 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 512 •S 1790 RS report and treated as stocks of the Department 1 of Defense and copies of the determinations 2 made under paragraph (2), as required by para- 3 graph (3). 4 (e) SECURITY OF AFGHAN WOMEN.— 5 (1) IN GENERAL.—Of the funds available to the 6 Department of Defense for the Afghanistan Security 7 Forces Fund for fiscal year 2020, it is the goal that 8 $25,000,000, but in no event less than $10,000,000, 9 shall be used for— 10 (A) the recruitment, integration, retention, 11 training, and treatment of women in the Af- 12 ghan National Defense and Security Forces; 13 and 14 (B) the recruitment, training, and con- 15 tracting of female security personnel for future 16 elections. 17 (2) TYPES OF PROGRAMS AND ACTIVITIES.— 18 Such programs and activities may include— 19 (A) efforts to recruit women into the Af- 20 ghan National Defense and Security Forces, in- 21 cluding the special operations forces; 22 (B) programs and activities of the Afghan 23 Ministry of Defense Directorate of Human 24 Rights and Gender Integration and the Afghan 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00512 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 513 •S 1790 RS Ministry of Interior Office of Human Rights, 1 Gender, and Child Rights; 2 (C) development and dissemination of gen- 3 der and human rights educational and training 4 materials and programs within the Afghan Min- 5 istry of Defense and the Afghan Ministry of In- 6 terior; 7 (D) efforts to address harassment and vio- 8 lence against women within the Afghan Na- 9 tional Defense and Security Forces; 10 (E) improvements to infrastructure that 11 address the requirements of women serving in 12 the Afghan National Defense and Security 13 Forces, including appropriate equipment for fe- 14 male security and police forces, and transpor- 15 tation for policewomen to their station; 16 (F) support for Afghan National Police 17 Family Response Units; and 18 (G) security provisions for high-profile fe- 19 male police and army officers. 20 (f) ASSESSMENT OF EFFORTS TO BUILD CAPACITY 21 IN THE AFGHAN NATIONAL DEFENSE AND SECURITY 22 FORCES.— 23 (1) ASSESSMENT REQUIRED.—Not later than 24 90 days after the date of the enactment of this Act, 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00513 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 514 •S 1790 RS the Secretary of Defense, in coordination with the 1 Secretary of State, shall submit to the Committee on 2 Armed Services of the Senate and the Committee on 3 Armed Services of the House of Representatives an 4 assessment that describes the following: 5 (A) The integrated capacity development 6 strategies for— 7 (i) the Ministry of Defense and the 8 Ministry of Interior of Afghanistan; and 9 (ii) the North Atlantic Treaty Organi- 10 zation-led Train Advise Assist Commands 11 and Task Forces at the national and re- 12 gional levels in Afghanistan. 13 (B) An articulation of the key capabilities 14 to be developed and improved with respect to 15 the Ministry of Defense, the Ministry of Inte- 16 rior, and the North Atlantic Treaty Organiza- 17 tion-led Train Advise Assist Commands and 18 Task Forces, and the overall plan (including 19 timeframes, budgets, and specific initiatives) to 20 achieve the intended outcomes. 21 (C) The specific roles of Department of 22 Defense-funded advisors in building the capac- 23 ity of the Ministry of Defense and the Ministry 24 of Interior of Afghanistan and the Afghan Na- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00514 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 515 •S 1790 RS tional Defense and Security Forces at the na- 1 tional and regional levels, and the manner in 2 which such roles align with the development 3 strategy referred to in subparagraph (A). 4 (D) The metrics used to assess progress on 5 the recruitment, integration, retention, training, 6 and treatment of women in the Afghan Na- 7 tional Defense and Security Forces, and a 8 progress report on such recruitment, integra- 9 tion, retention, training, and treatment. 10 (E) An explanation of the assessment, 11 monitoring, and evaluation mechanisms in place 12 to assess the relevance, effectiveness, and sus- 13 tainability of each specific initiative and 14 progress made toward the intended outcomes 15 identified under subparagraph (B). 16 (F) Any other matter the Secretary con- 17 siders appropriate. 18 SEC. 1213. EXTENSION OF COMMANDERS’ EMERGENCY RE- 19 SPONSE PROGRAM. 20 Section 1201 of the National Defense Authorization 21 Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 22 1619), as most recently amended by the John S. McCain 23 National Defense Authorization Act for Fiscal Year 2019 24 (Public Law 115–232), is further amended— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00515 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 516 •S 1790 RS (1) in subsection (a), by striking ‘‘December 1 31, 2019’’ and inserting ‘‘December 31, 2020’’; 2 (2) in subsection (b), by striking ‘‘of fiscal 3 years 2017 through 2019’’ and inserting ‘‘for each 4 of fiscal years 2017 through 2020’’; and 5 (3) in subsection (f), in the first sentence, by 6 striking ‘‘December 31, 2019’’ and inserting ‘‘De- 7 cember 31, 2020’’. 8 SEC. 1214. EXTENSION AND MODIFICATION OF REIMBURSE- 9 MENT OF CERTAIN COALITION NATIONS FOR 10 SUPPORT PROVIDED TO UNITED STATES 11 MILITARY OPERATIONS. 12 Section 1233(a) of the National Defense Authoriza- 13 tion Act for Fiscal Year 2008 (Public Law 110–181; 122 14 Stat. 393), as most recently amended by section 1225 of 15 the John S. McCain National Defense Authorization Act 16 for Fiscal Year 2019 (Public Law 115–232), is further 17 amended to read as follows: 18 ‘‘(a) AUTHORITY.—From funds made available for 19 the Department of Defense for the period beginning on 20 October 1, 2019, and ending on December 31, 2020, for 21 overseas contingency operations for operation and mainte- 22 nance, Defense-wide activities, the Secretary of Defense 23 may reimburse any key cooperating nation (other than 24 Pakistan) for— 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00516 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 517 •S 1790 RS ‘‘(1) logistical and military support provided by 1 that nation to or in connection with United States 2 military operations in Afghanistan, Iraq, or Syria; 3 and 4 ‘‘(2) logistical, military, and other support, in- 5 cluding access, provided by that nation to or in con- 6 nection with United States military operations de- 7 scribed in paragraph (1).’’. 8 SEC. 1215. SUPPORT FOR RECONCILIATION ACTIVITIES 9 LED BY THE GOVERNMENT OF AFGHANISTAN. 10 (a) IN GENERAL.—The Secretary of Defense may, 11 with the concurrence of the Secretary of State, provide 12 covered support for reconciliation activities to one or more 13 designated persons or entities or Federal agencies. 14 (b) DESIGNATION.—Not later than 15 days before 15 the Secretary of Defense designates an individual or orga- 16 nization as a designated person or entity, the Secretary 17 shall notify the congressional defense committees of the 18 intent of the Secretary to make such designation. 19 (c) REIMBURSEMENT.— 20 (1) DESIGNATED PERSONS OR ENTITIES.—The 21 Secretary of Defense may provide covered support to 22 a designated person or entity on a reimbursable or 23 nonreimbursable basis. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00517 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 518 •S 1790 RS (2) FEDERAL AGENCIES.—The Secretary of De- 1 fense may provide covered support to a Federal 2 agency on a reimbursable or nonreimbursable basis. 3 (d) LOCATION OF COVERED SUPPORT.— 4 (1) IN GENERAL.—Except as provided in para- 5 graph (2), the Secretary of Defense may only pro- 6 vide covered support within Afghanistan. 7 (2) EXCEPTION.—Notwithstanding paragraph 8 (1), the Secretary of Defense may provide covered 9 support in Pakistan if the Secretary determines, and 10 certifies to the congressional defense committees, 11 that providing covered support in Pakistan is in the 12 national security interest of the United States. 13 (e) NOTIFICATION.—Not later than 15 days before 14 the date on which the Secretary of Defense provides cov- 15 ered support to a nongovernmental designated person or 16 entity or provides covered support in Pakistan, the Sec- 17 retary shall submit to the congressional defense commit- 18 tees written notice that includes the intended recipient of 19 such covered support and the specific covered support to 20 be provided. 21 (f) FUNDING.— 22 (1) SOURCE OF FUNDS.—Amounts for covered 23 support may only be derived from amounts author- 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00518 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 519 •S 1790 RS ized to be appropriated for the Department of De- 1 fense for operation and maintenance. 2 (2) LIMITATION.—Not more than $15,000,000 3 may be used for nonreimbursable covered support. 4 (g) RULE OF CONSTRUCTION.—Covered support 5 shall not be construed to violate section 2339, 2339A, or 6 2339B of title 18, United States Code. 7 (h) REPORTS.— 8 (1) IN GENERAL.—Not later than 90 days after 9 the date of the enactment of this Act, and quarterly 10 thereafter, the Secretary of Defense shall, in coordi- 11 nation with the Secretary of State, submit to the 12 congressional defense committees a report on cov- 13 ered support during the preceding 90-day period. 14 (2) ELEMENTS.—Each report under this sub- 15 section shall include, for the preceding reporting pe- 16 riod, the following: 17 (A) A summary of the ongoing reconcili- 18 ation activities for which covered support was 19 provided. 20 (B) A description of the covered support, 21 by class or type, and the designated person or 22 entity or Federal agency that received each 23 class or type of covered support. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00519 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 520 •S 1790 RS (C) The total dollar amount of each class 1 or type of covered support, including budget de- 2 tails. 3 (D) The intended duration of each provi- 4 sion of covered support. 5 (E) Any other matter the Secretary of De- 6 fense considers appropriate. 7 (i) SUNSET.—The authority to carry out this section 8 shall terminate on December 31, 2020. 9 (j) DEFINITIONS.—In this section: 10 (1) COVERED SUPPORT.—The term ‘‘covered 11 support’’ means logistic support, supplies, and serv- 12 ices (as defined in section 2350 of title 10, United 13 States Code) and security provided under this sec- 14 tion. 15 (2) DESIGNATED PERSON OR ENTITY.— 16 (A) IN GENERAL.—The term ‘‘designated 17 person or entity’’ means an individual or orga- 18 nization designated by the Secretary of Defense 19 as necessary to facilitate a reconciliation activ- 20 ity. 21 (B) EXCLUSION.—The term ‘‘designated 22 person or entity’’ does not include a Federal 23 agency. 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00520 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 521 •S 1790 RS (3) RECONCILIATION ACTIVITY.—The term 1 ‘‘reconciliation activity’’ means any activity intended 2 to support, facilitate, or enable a political settlement 3 between the Government of Afghanistan and the 4 Taliban for the purpose of ending the war in Af- 5 ghanistan. 6 (4) SECURITY.—The term ‘‘security’’ means 7 any measure determined by the Secretary of Defense 8 to be necessary to protect reconciliation activities 9 from hostile acts. 10 SEC. 1216. SENSE OF SENATE ON SPECIAL IMMIGRANT VISA 11 PROGRAM FOR AFGHAN ALLIES. 12 It is the sense of the Senate that— 13 (1) the special immigrant visa program for Af- 14 ghan allies is critical to the mission in Afghanistan 15 and the long-term interests of the United States; 16 (2) maintaining a robust special immigrant visa 17 program for Afghan allies is necessary to support 18 United States Government personnel in Afghanistan 19 who need translation, interpretation, security, and 20 other services; 21 (3) Afghan allies routinely risk their lives to as- 22 sist United States military and diplomatic personnel; 23 (4) honoring the commitments made to Afghan 24 allies with respect to such special immigrant visa 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 522 •S 1790 RS program is essential to ensuring the continued serv- 1 ice and safety of such allies; and 2 (5) an additional 4,000 visas should be made 3 available to principal aliens who are eligible for spe- 4 cial immigrant status under the Afghan Allies Pro- 5 tection Act of 2009 (8 U.S.C. 1101 note) to prevent 6 harm to the operations of the United States Govern- 7 ment in Afghanistan. 8 Subtitle C—Matters Relating to 9 Syria, Iraq, and Iran 10 SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE AS- 11 SISTANCE TO VETTED SYRIAN GROUPS. 12 (a) NATURE OF ASSISTANCE.—Subsection (a) of sec- 13 tion 1209 of the Carl Levin and Howard P. ‘‘Buck’’ 14 McKeon National Defense Authorization Act for Fiscal 15 Year 2015 (Public Law 113–291; 128 Stat. 3541), as 16 most recently amended by section 1231(a) of the John S. 17 McCain National Defense Authorization Act for Fiscal 18 Year 2019 (Public Law 115–232), is further amended— 19 (1) in the matter preceding paragraph (1), by 20 striking ‘‘with a cost’’ and all that follows through 21 ‘‘December 31, 2019’’ and inserting ‘‘, and 22 sustainment to appropriately vetted Syrian groups 23 and individuals, through December 31, 2020’’; 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 523 •S 1790 RS (2) in paragraph (1), by striking ‘‘Islamic State 1 of Iraq and the Levant’’ and all that follows through 2 the period at the end and inserting the following: 3 ‘‘Islamic State of Iraq and Syria (ISIS).’’; and 4 (3) by striking paragraphs (2) and (3) and in- 5 serting the following new paragraphs: 6 ‘‘(2) Securing territory formerly controlled by 7 the Islamic State of Iraq and Syria. 8 ‘‘(3) Protecting the United States and its 9 friends and allies from the threats posed by the Is- 10 lamic State of Iraq and Syria, al Qaeda, and associ- 11 ated forces in Syria. 12 ‘‘(4) Supporting the temporary detention and 13 repatriation of Islamic State of Iraq and Syria for- 14 eign terrorist fighters in accordance with the laws of 15 armed conflict and the United Nations Convention 16 Relating to the Status of Refugees, done at Geneva 17 July 28, 1951 (as made applicable by the Protocol 18 Relating to the Status of Refugees, done at New 19 York January 31, 1967 (19 UST 6223)).’’. 20 (b) SCOPE OF QUARTERLY PROGRESS REPORTS.— 21 Subsection (d) of such section, as most recently amended 22 by section 1223(b) of the National Defense Authorization 23 Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 24 1653), is further amended to read as follows: 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00523 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 524 •S 1790 RS ‘‘(d) QUARTERLY PROGRESS REPORTS.— 1 ‘‘(1) IN GENERAL.—Beginning on January 15, 2 2020, and every 90 days thereafter, the Secretary of 3 Defense, in coordination with the Secretary of State, 4 shall submit to the appropriate congressional com- 5 mittees and leadership of the House of Representa- 6 tives and the Senate a progress report. 7 ‘‘(2) MATTERS TO BE INCLUDED.—Each 8 progress report under paragraph (1) shall include, 9 based on the most recent quarterly information, the 10 following: 11 ‘‘(A) A description of the appropriately 12 vetted recipients receiving assistance under sub- 13 section (a). 14 ‘‘(B) A description of training, equipment, 15 supplies, stipends, and other support provided 16 to appropriately vetted recipients under sub- 17 section (a) and a statement of the amount of 18 funds expended for such purposes during the 19 period covered by the report. 20 ‘‘(C) Any misuse or loss of provided train- 21 ing and equipment and how such misuse or loss 22 is being mitigated. 23 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00524 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 525 •S 1790 RS ‘‘(D) An assessment of the recruitment, 1 throughput, and retention rates of appropriately 2 vetted recipients. 3 ‘‘(E) An assessment of the operational ef- 4 fectiveness of appropriately vetted recipients in 5 meeting the purposes specified in subsection 6 (a). 7 ‘‘(F) A description of United States Gov- 8 ernment stabilization objectives and activities 9 carried out in areas formerly controlled by the 10 Islamic State of Iraq and Syria, including sig- 11 nificant projects and funding associated with 12 such projects. 13 ‘‘(G) A description of coalition contribu- 14 tions to the purposes specified in subsection (a) 15 and other related stabilization activities. 16 ‘‘(H) With respect to Islamic State of Iraq 17 and Syria foreign terrorist fighters— 18 ‘‘(i) an estimate of the number of 19 such individuals being detained by appro- 20 priately vetted Syrian groups and individ- 21 uals; 22 ‘‘(ii) an estimate of the number of 23 such individuals that have been repatriated 24 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00525 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 526 •S 1790 RS and the countries to which such individuals 1 have been repatriated; and 2 ‘‘(iii) a description of United States 3 Government support provided to facilitate 4 the repatriation of such individuals. 5 ‘‘(I) An assessment of the extent to which 6 appropriately vetted Syrian groups and individ- 7 uals have enabled progress toward establishing 8 inclusive, representative, accountable, and civil- 9 ian-led governance and security structures in 10 territories liberated from the Islamic State of 11 Iraq and Syria.’’. 12 (c) ELIMINATION OF REPROGRAMMING REQUIRE- 13 MENT.—Such section is further amended by striking sub- 14 section (f). 15 (d) INCLUSION OF SUPPORT FOR STABILIZATION AC- 16 TIVITIES.—Such section is further amended by inserting 17 after subsection (e) the following new subsection (f): 18 ‘‘(f) SUPPORT FOR STABILIZATION ACTIVITIES.— 19 ‘‘(1) IN GENERAL.—The Secretary of Defense 20 may, with the concurrence of the Secretary of State 21 and in consultation with the Administrator of the 22 United States Agency for International Develop- 23 ment, provide support for the stabilization activities 24 of the Department of State, the United States Agen- 25 VerDate Sep 11 2014 23:06 Jun 11, 2019 Jkt 034408 PO 00000 Frm 00526 Fmt 6652 Sfmt 6201 E:\BILLS\S1790.RS S1790 pbinns on DSK79D2C42PROD with BILLS 527 •S 1790 RS cy for International Development, and any other 1 Federal agency on a reimburseable or 2 nonreimburseable basis. 3 ‘‘(2) TYPES OF SUPPORT.—The support pro- 4 vided under paragraph (1) may consist of— 5 ‘‘(A) logistic support, supplies, and serv- 6 ices; or 7 ‘‘(B) equipment.’’. 8 (e) PER PROJECT AND AGGREGATE COST LIMITA- 9 TIONS FOR CONSTRUCTION AND REPAIR PROJECTS.— 10

S. 1790 One Hundred Sixteenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen An Act To authorize appropriations for fiscal year 2020 for military activities of the Depart- ment of Defense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 four divisions as follows: (1) Division A—Department of Defense Authorizations. (2) Division B—Military Construction Authorizations. (3) Division C—Department of Energy National Security Authorizations and Other Authorizations. (4) Division D—Funding Tables. (5) Division E—Intelligence Authorizations for Fiscal Years 2018, 2019, and 2020. (6) Division F—Other Matters. (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. Authority of the Secretary of the Army to waive certain limitations re- lated to the Distributed Common Ground System-Army Increment 1. Subtitle C—Navy Programs Sec. 121. Ford-class aircraft carrier cost limitation baselines. Sec. 122. Modification of annual report on cost targets for certain aircraft carriers. Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman. Sec. 124. Ford class aircraft carrier support for F–35C aircraft. Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force struc- ture. S. 1790—2 Sec. 126. Modification of prohibition on availability of funds for Navy waterborne security barriers. Sec. 127. LHA Replacement Amphibious Assault Ship Program. Sec. 128. Strategic sealift fleet vessel. Sec. 129. Design and construction of amphibious transport dock designated LPD– 31. Sec. 130. Limitation on availability of funds for the Littoral Combat Ship. Sec. 131. Limitation on the next new class of Navy large surface combatants. Sec. 132. Limitation on availability of funds pending quarterly updates on the CH– 53K King Stallion helicopter program. Sec. 133. Limitation on availability of funds for VH–92A helicopter. Sec. 134. Report on carrier wing and aviation combat element composition. Subtitle D—Air Force Programs Sec. 141. Modification of requirement to preserve certain C–5 aircraft. Sec. 142. OC–135B aircraft recapitalization program. Sec. 143. Requirement to align Air Force aviation force structure with National De- fense Strategy. Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mis- sion aircraft inventory. Sec. 145. Limitation on availability of funds for F–15EX aircraft. Sec. 146. Limitation on availability of funds for VC–25B aircraft. Sec. 147. Limitation on availability of funds for RC–26B aircraft. Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft. Sec. 149. Air Force aggressor squadron modernization. Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER missiles. Sec. 152. Report on aircraft fleet of the Civil Air Patrol. Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F– 35 aircraft program. Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts for the F–35 aircraft program. Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A air- craft to the United States. Sec. 164. Requirement to establish the use of an Agile DevOps software develop- ment solution as an alternative for Joint Strike Fighter Autonomic Lo- gistics Information System. Sec. 165. F–35 sustainment cost. Sec. 166. Reports on the progress and performance of the F–35 aircraft program. Sec. 167. Other reports on the F–35 aircraft program. Sec. 168. Limitation on availability of funds for communications systems lacking certain resiliency features. Sec. 169. 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. Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and math- ematics. Sec. 212. Updates to the Department of Defense personnel management authority to attract experts in science and engineering. Sec. 213. Establishment of joint reserve detachment of the Defense Innovation Unit. Sec. 214. Research and educational programs and activities for Historically Black Colleges and Universities and Minority-Serving Institutions of Higher Education. Sec. 215. Modification of authority for prizes for advanced technology achievements. Sec. 216. Joint hypersonics transition office. Sec. 217. Modification of proof of concept commercialization program. Sec. 218. Modification of authority and addition of technology areas for expedited access to technical talent. Sec. 219. Expansion of coordination in support of national security innovation and entrepreneurial education. S. 1790—3 Sec. 220. Modification of defense quantum information science and technology re- search and development program. Sec. 221. Understanding of investments in artificial intelligence and development of capabilities by adversaries. Sec. 222. Advisory role of JASON scientific advisory group. Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. Sec. 224. Requiring defense microelectronics products and services meet trusted supply chain and operational security standards. Sec. 225. Development and acquisition strategy to procure secure, low probability of detection data link network capability. Sec. 226. Establishment of secure next-generation wireless network (5G) infrastruc- ture for the Nevada Test and Training Range and base infrastructure. Sec. 227. Administration of manufacturing innovation institutes funded by the De- partment of Defense. Sec. 228. Research program on foreign malign influence operations. Sec. 229. Diversification of the research and engineering workforce of the Depart- ment of Defense. Sec. 230. Policy on the talent management of digital expertise and software profes- sionals. Sec. 231. Digital engineering capability to automate testing and evaluation. Sec. 232. Process to align policy formulation and emerging technology development. Sec. 233. Improvement of the Strategic Capabilities Office of the Department of De- fense. Sec. 234. Pilot program on enhanced civics education. Sec. 235. Technology and national security fellowship. Sec. 236. Documentation relating to the Advanced Battle Management System. Sec. 237. Sensor data integration for fifth generation aircraft. Sec. 238. Sense of Congress on future vertical lift technologies. Sec. 239. Use of funds for Strategic Environmental Research Program, Environ- mental Security Technical Certification Program, and Operational En- ergy Capability Improvement. Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2 capability. Subtitle C—Plans, Reports, and Other Matters Sec. 251. Master plan for implementation of authorities relating to science and technology reinvention laboratories. Sec. 252. Infrastructure to support research, development, test, and evaluation mis- sions. Sec. 253. Energetics plan. Sec. 254. Strategy and implementation plan for fifth generation information and communications technologies. Sec. 255. Department-wide software science and technology strategy. Sec. 256. Artificial intelligence education strategy. Sec. 257. Cyber science and technology activities roadmap and reports. Sec. 258. Report on B–52 commercial engine replacement program. Sec. 259. Commercial edge computing technologies and best practices for Depart- ment of Defense warfighting systems. Sec. 260. Biannual report on the Joint Artificial Intelligence Center. Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program. Sec. 262. National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions. Sec. 263. Study on national security emerging biotechnologies for the Department of Defense. Sec. 264. Independent study on optimizing resources allocated to Combating Ter- rorism Technical Support Office. Sec. 265. Independent assessment of electronic warfare plans and programs. Sec. 266. Technical correction to Global Research Watch Program. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness. Sec. 312. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness. Sec. 313. Use of proceeds from sale of recyclable materials. Sec. 314. Disposal of recyclable materials. S. 1790—4 Sec. 315. Department of Defense improvement of previously conveyed utility sys- tems serving military installations. Sec. 316. Modification of Department of Defense environmental restoration authori- ties to include Federal Government facilities used by National Guard. Sec. 317. Use of operational energy cost savings of Department of Defense. Sec. 318. Sale of electricity from alternate energy and cogeneration production fa- cilities. Sec. 319. Energy resilience programs and activities. Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions relating to energy. Sec. 321. Transfer authority for funding of study and assessment on health implica- tions of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent. Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations. Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training exercises. Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter aircraft operate. Sec. 326. Development of extreme weather vulnerability and risk assessment tool. Sec. 327. Removal of barriers that discourage investments to increase military in- stallation resilience. Sec. 328. Budgeting of Department of Defense relating to extreme weather. Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging. Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam. Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern. Sec. 332. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances. Sec. 333. Plan to phase out use of burn pits. Sec. 334. Information relating to locations of burn pit use. Sec. 335. Data quality review of radium testing conducted at certain locations of the Department of the Navy. Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota. Sec. 337. Pilot program for availability of working-capital funds for increased com- bat capability through energy optimization. Sec. 338. Report on efforts to reduce high energy intensity at military installations. Subtitle C—Treatment of Contaminated Water Near Military Installations Sec. 341. Short title. Sec. 342. Definitions. Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes. Sec. 344. Acquisition of real property by Air Force. Sec. 345. Remediation plan. Subtitle D—Logistics and Sustainment Sec. 351. Materiel readiness metrics and objectives. Sec. 352. Clarification of authority regarding use of working-capital funds for un- specified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities. Sec. 353. Modification to limitation on length of overseas forward deployment of naval vessels. Sec. 354. Extension of temporary installation reutilization authority for arsenals, depots, and plants. Sec. 355. F–35 Joint Strike Fighter sustainment. Sec. 356. Report on strategic policy for prepositioned materiel and equipment. Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills. Sec. 358. Requirement for military department inter-service depot maintenance. Sec. 359. Strategy to improve infrastructure of certain depots of the Department of Defense. Subtitle E—Reports Sec. 361. Readiness reporting. Sec. 362. Technical correction to deadline for transition to Defense Readiness Re- porting System Strategic. S. 1790—5 Sec. 363. Report on Navy ship depot maintenance budget. Sec. 364. Report on Runit Dome. Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units. Sec. 366. Requirement to include foreign language proficiency in readiness report- ing systems of Department of Defense. Subtitle F—Other Matters Sec. 371. Prevention of encroachment on military training routes and military oper- ations areas. Sec. 372. Expansion and enhancement of authorities on transfer and adoption of military animals. Sec. 373. Extension of authority for Secretary of Defense to use Department of De- fense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 374. Extension of authority of Secretary of Transportation to issue non-pre- mium aviation insurance. Sec. 375. Defense personal property program. Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. Sec. 377. Sense of Congress regarding Innovative Readiness Training program. Sec. 378. Detonation chambers for explosive ordnance disposal. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. Sec. 416. Modification of authorized strength of Air Force Reserve serving on full- time reserve component duty for administration of the reserves or the National Guard. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Maker of original appointments in a regular or reserve component of com- missioned officers previously subject to original appointment in other type of component. Sec. 502. Furnishing of adverse information on officers to promotion selection boards. Sec. 503. Limitation on number of officers recommendable for promotion by pro- motion selection boards. Sec. 504. Expansion of authority for continuation on active duty of officers in cer- tain military specialties and career tracks. Sec. 505. Management policies for joint qualified officers. Sec. 506. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo mat- ters. Sec. 507. Personnel tempo of the Armed Forces and the United States Special Op- erations Command during periods of inapplicability of high-deployment limitations. Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades. Sec. 509. Higher grade in retirement for officers following reopening of determina- tion or certification of retired grade. Sec. 510. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list. Sec. 510A. Availability on the internet of certain information about officers serving in general or flag officer grades. Sec. 510B. Functional badge or insignia upon commission for chaplains. Subtitle B—Reserve Component Management Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training Corps. S. 1790—6 Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Offi- cers’ Training Corps. Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers’ Training Corps units. Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve. Sec. 515. Extension and periodic evaluation of suicide prevention and resilience program for the reserve components. Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components. Sec. 517. Modernization of inspection authorities applicable to the National Guard. Sec. 518. Consultation with Chief of the National Guard Bureau in the appoint- ment or designation of National Guard property and fiscal officers. Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps. Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit va- cancy promotions by commanders of associated active duty units. Sec. 520A. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters. Sec. 520B. Report and briefing on the Senior Reserve Officers’ Training Corps. Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers’ Training Corps units. Subtitle C—General Service Authorities and Correction of Military Records Sec. 521. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims. Sec. 522. Reduction in required number of members of discharge review boards. Sec. 523. Establishment of process to review a request for upgrade of discharge or dismissal. Sec. 524. Prohibition on reduction in the number of personnel assigned to duty with a service review agency. Sec. 525. Training of members of boards for correction of military records and dis- charge review boards on sexual trauma, intimate partner violence, spousal abuse, and related matters. Sec. 526. Time requirements for certification of honorable service. Sec. 527. Correction of certain discharge characterizations. Sec. 528. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations when the service records are incomplete because of damage to the official record. Sec. 529. Strategic plan for diversity and inclusion. Sec. 530. Study regarding screening individuals who seek to enlist in the Armed Forces. Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Secu- rity of honorable discharges of non-citizens. Sec. 530B. Sense of Congress regarding accession physicals. Subtitle D—Military Justice Sec. 531. Expansion of pre-referral matters reviewable by military judges and mili- tary magistrates in the interest of efficiency in military justice. Sec. 532. Command influence. Sec. 533. Statute of limitations for certain offenses. Sec. 534. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system. Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 536. Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings. Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice. Sec. 538. Notification of significant events and documentation of preference for prosecution jurisdiction for victims of sexual assault. Sec. 539. Increase in number of digital forensic examiners for certain military criminal investigative organizations. Sec. 540. Increase in investigative personnel and Victim Witness Assistance Pro- gram liaisons. Sec. 540A. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses. Sec. 540B. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault. Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. Sec. 540D. Department of Defense-wide policy and military department-specific programs on reinvigoration of the prevention of sexual assault involving members of the Armed Forces. S. 1790—7 Sec. 540E. Recommendations on separate punitive article in the Uniform Code of Military Justice on sexual harassment. Sec. 540F. Report on military justice system involving alternative authority for de- termining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice. Sec. 540G. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system. Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed Forces. Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military jus- tice system. Sec. 540J. Pilot programs on defense investigators in the military justice system. Sec. 540K. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party com- munications. Sec. 540L. Report on establishment of guardian ad litem program for certain mili- tary dependents who are a victim or witness of an offense under the Uniform Code of Military Justice involving abuse or exploitation. Sec. 540M. 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. Sec. 540N. Sense of Congress on the Port Chicago 50. Subtitle E—Other Legal Matters Sec. 541. Improvement of certain Special Victims’ Counsel authorities. Sec. 542. Availability of Special Victims’ Counsel at military installations. Sec. 543. Notification of issuance of military protective order to civilian law enforce- ment. Sec. 544. Copyright protection for civilian faculty of certain accredited institutions. Sec. 545. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service. Sec. 546. Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act. Sec. 547. Preservation of right to bring class action under Servicemembers Civil Relief Act. Sec. 548. Legal counsel for victims of alleged domestic violence offenses. Sec. 549. Notice to victims of alleged sexual assault of pendency of further adminis- trative action following a determination not to refer to trial by court- martial. Sec. 550. Treatment of information in Catch a Serial Offender Program for certain purposes. Sec. 550A. Policies and procedures on registration at military installations of civil- ian protective orders applicable to members of the Armed Forces as- signed to such installations and certain other individuals. Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 550C. Training for Special Victims’ Counsel on civilian criminal justice mat- ters in the States of the military installations to which assigned. Sec. 550D. Enhancing the capability of military criminal investigative organiza- tions to prevent and combat child sexual exploitation. Sec. 550E. Feasibility study on establishment of database of military protective or- ders. Sec. 550F. GAO review of USERRA and SCRA. Subtitle F—Member Education Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as students at law schools. Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program. Sec. 553. Degree granting authority for United States Army Armament Graduate School; limitation on establishment of certain educational institutions. Sec. 554. Prohibition on off-duty employment for cadets and midshipmen com- pleting obligated service after graduation. Sec. 555. Consideration of request for transfer of a cadet or midshipman at a mili- tary service academy who is the victim of a sexual assault or related of- fense. Sec. 556. Redesignation of the Commandant of the United States Air Force Insti- tute of Technology as the Director and Chancellor of such Institute. Sec. 557. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force. Sec. 558. Speech disorders of cadets and midshipmen. Sec. 559. Requirement to continue provision of tuition assistance for members of the Armed Forces. S. 1790—8 Sec. 560. Information on institutions of higher education participating in the De- partment of Defense Tuition Assistance Program. Sec. 560A. Inclusion of information on free credit monitoring in annual financial literacy briefing. Sec. 560B. Programs to facilitate the award of private pilot’s certificates. Subtitle G—Member Training and Transition Sec. 561. Requirement to provide information regarding benefits claims to members during TAP counseling. Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces. Sec. 563. First modification of elements of report on the improved Transition As- sistance Program. Sec. 564. Second modification of elements of report on the improved Transition As- sistance Program. Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit De- pots. Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries of the military departments. Sec. 567. Review of Department of Defense training programs regarding disinformation campaigns. Sec. 568. Command matters in connection with transition assistance programs. Sec. 569. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214). Sec. 570. Records of service for Reserves. Sec. 570A. Limitations and requirements in connection with separations for mem- bers 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. 570B. Prohibition on involuntary separation of certain members of the Armed Forces; consideration of military service in removal determinations. Sec. 570C. Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648). Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the United States on naturalization in the United States. Sec. 570E. 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. 570F. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 570G. Pilot program regarding online application for the Transition Assistance Program. Subtitle H—Military Family Readiness and Dependents’ Education Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment. Sec. 572. Deferred deployment for members who give birth. Sec. 573. Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains. Sec. 574. Military funeral honors matters. Sec. 575. Improvement of occupational license portability for relocated spouses of members of the uniformed services. Sec. 576. Continued eligibility for education and training opportunities for spouses of promoted members. Sec. 577. Modification to authority to reimburse for State licensure and certifi- cation costs of a spouse of a servicemember arising from relocation. Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program. Sec. 579. Annual State report card. Sec. 580. Improvements to child care for members of the Armed Forces. Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin. Sec. 580B. Meetings of officials of the Department of Defense with representative groups of survivors of deceased members of the Armed Forces. Sec. 580C. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deploy- ment overseas. Sec. 580D. Study on two-way military ballot barcode tracking. Sec. 580E. Assistance to schools with military dependent students. Sec. 580F. First expansion of the My Career Advancement Account program for military spouses. S. 1790—9 Sec. 580G. Second expansion of the My Career Advancement Account program for military spouses. Sec. 580H. Report on training and support available to military spouses. Sec. 580I. Ri’katak Guest Student Program at United States Army Garrison¥Kwajalein Atoll. Subtitle I—Decorations and Awards Sec. 581. Modification of authorities on eligibility for and replacement of gold star lapel buttons. Sec. 582. Standardization of honorable service requirement for award of military decorations. Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam. Sec. 584. Review of World War I valor medals. Subtitle J—Miscellaneous Reports and Other Matters Sec. 591. Clarification of the term ‘‘assault’’ for purposes of Workplace and Gender Relations Surveys. Sec. 592. Inclusion of certain veterans on temporary disability or permanent dis- abled retirement lists in military adaptive sports programs. Sec. 593. Questions in surveys regarding extremist activity in the workplace. Sec. 594. Study on best practices for providing financial literacy education for sepa- rating members of the Armed Forces. Sec. 595. Report on oversight of authorized strengths of certain grades of commis- sioned regular and reserve officers of the Armed Forces. Sec. 596. Report on certain waivers. Sec. 597. Notifications on manning of afloat naval forces. Sec. 598. Report regarding use of aerial systems of the Department of Defense to support agencies of States, Territories, and the Federal Government. Sec. 599. Information for members of the Armed Forces on availability of services of the Department of Veterans Affairs relating to sexual trauma. Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee, United States Air Force (ret.), to the grade of brigadier general. Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieuten- ant Colonel Richard Cole, United States Air Force (ret.), to the grade of colonel. Sec. 599C. Sense of Congress on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States. TITLE VI—MILITARY COMPENSATION Subtitle A—Pay and Allowances Sec. 601. Clarification of continuation of pays during hospitalization and rehabilita- tion resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. Sec. 602. Continued entitlements while a member of the Armed Forces participates in a career intermission program. Sec. 603. Exemption from repayment of voluntary separation pay. Sec. 604. Consideration of service on active duty to reduce age of eligibility for re- tired pay for non-regular service. Sec. 605. Temporary adjustment of rates of basic allowance for housing following determination that local civilian housing costs significantly differ from such rates. Sec. 606. Reinvestment of travel refunds by the Department of Defense. Sec. 607. Addition of partial dislocation allowance to allowable travel and transpor- tation expenses for servicemembers. Sec. 608. Reductions on account of earnings from work performed while entitled to an annuity supplement. Sec. 609. Increase in basic pay. Subtitle B—Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Expansion of eligibility for exceptional transitional compensation for de- pendents to dependents of current members. Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation. Sec. 623. Death gratuity for ROTC graduates. Sec. 624. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such serv- ices to survivors of members of the Armed Forces who die in combat in the line of duty. S. 1790—10 Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. Subtitle D—Defense Resale Matters Sec. 631. Defense resale system matters. Sec. 632. Procurement by commissary stores of certain locally sourced products. Sec. 633. GAO review of defense resale optimization study. Subtitle E—Morale, Welfare, and Recreation Privileges Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave. Sec. 642. Extension of pilot program on a Government lodging program. Subtitle F—Reports and Other Matters Sec. 651. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes. Sec. 652. Report regarding transition from overseas housing allowance to basic al- lowance for housing for servicemembers in the territories. Sec. 653. 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. 654. Study regarding recoupment of separation pay, special separation bene- fits, and voluntary separation incentive payments from members of the Armed Forces and veterans who receive disability compensation under laws administered by the Secretary of Veterans Affairs. Sec. 655. Report on implementation of contributions to the Department of Defense Military Retirement Fund based on pay costs per Armed Force rather than on Armed Forces-wide basis. Sec. 656. Report on food insecurity among members of the Armed Forces and their dependents. TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain mem- bers of the Selected Reserve. Sec. 702. TRICARE payment options for retirees and their dependents. Sec. 703. Lead level screening and testing for children. Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations. Sec. 705. Enhancement of recordkeeping with respect to exposure by members of the Armed Forces to certain occupational and environmental hazards while deployed overseas. Sec. 706. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation. Sec. 707. Provision of blood testing for firefighters of Department of Defense to de- termine 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. Requirements for certain prescription drug labels. Sec. 714. Officers authorized to command Army dental units. Sec. 715. Improvements to interagency program office of the Department of De- fense and the Department of Veterans Affairs. Sec. 716. Expansion of strategy to improve acquisition of managed care support contracts under TRICARE program. Sec. 717. Inclusion of blast exposure history in medical records of members of the Armed Forces. Sec. 718. Comprehensive policy for provision of mental health care to members of the Armed Forces. Sec. 719. Limitation on the realignment or reduction of military medical manning end strength. Sec. 720. Strategy to recruit and retain mental health providers. Sec. 721. Development of partnerships to improve combat casualty care for per- sonnel of the Armed Forces. Sec. 722. Modification to referrals for mental health services. S. 1790—11 Subtitle C—Reports and Other Matters Sec. 731. Authorization of claims by members of the uniformed services against the United States for personal injury or death caused by medical mal- practice. Sec. 732. Extension and clarification of authority for Joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Founda- tion for the Advancement of Military Medicine. Sec. 734. Establishment of Academic Health System in National Capital Region. Sec. 735. Provision of veterinary services by veterinary professionals of the Depart- ment of Defense in emergencies. Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund. Sec. 737. Preservation of resources of the Army Medical Research and Materiel Command and continuation as Center of Excellence. Sec. 738. Encouragement of participation in Women’s Health Transition Training pilot program. Sec. 739. National Guard suicide prevention pilot program. Sec. 740. Pilot Program on civilian and military partnerships to enhance interoper- ability and medical surge capability and capacity of National Disaster Medical System. Sec. 741. Reports on suicide among members of the Armed Forces and suicide pre- vention programs and activities of the Department of Defense. Sec. 742. Modification of requirements for longitudinal medical study on blast pres- sure exposure of members of the Armed Forces and collection of expo- sure information. Sec. 743. Study and plan on the use of military-civilian integrated health delivery systems. Sec. 744. Study on case management in the military health system. Sec. 745. Report on Global Health Security Strategy and the National Biodefense Security. Sec. 746. Study on establishment of wounded warrior service dog program. Sec. 747. GAO report on Department of Defense quality assurance program and im- pacts of medical malpractice actions. Sec. 748. Reports on Millennium Cohort Study relating to women members of the Armed Forces. Sec. 749. Study on effects of sleep deprivation on readiness of members of the Armed Forces. Sec. 750. Study and report on traumatic brain injury mitigation efforts. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Acquisition Policy and Management Sec. 800. Authority for continuous integration and delivery of software applications and upgrades to embedded systems. Sec. 801. Pilot program on intellectual property evaluation for acquisition pro- grams. Sec. 802. Pilot program to use alpha contracting teams for complex requirements. Sec. 803. Failure to provide other than certified cost or pricing data upon request. Sec. 804. Comptroller General report on price reasonableness. Sec. 805. Limitation on transfer of funds related to cost overruns and cost underruns. Sec. 806. Standardizing data collection and reporting on use of source selection pro- cedures by Federal agencies. Sec. 807. Department of Defense use of fixed-price contracts. Sec. 808. Repeal of continuation of data rights during challenges. Sec. 809. Repeal of authority to waive acquisition laws to acquire vital national se- curity capabilities. Sec. 810. Repeal of the Defense Cost Accounting Standards Board. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 815. Modification of Director of Operational Test and Evaluation report. Sec. 816. Modification of written approval requirement for task and delivery order single contract awards. Sec. 817. Responsibility for data analysis and requirements validation for services contracts. Sec. 818. Documentation of market research related to commercial item determina- tions. S. 1790—12 Sec. 819. Availability of data on the use of other transaction authority and report on the use of authority to carry out prototype projects. Sec. 820. Notification of Navy procurement production disruptions. Sec. 821. Modification to acquisition authority of the Commander of the United States Cyber Command. Sec. 822. Extension of Never Contract With the Enemy. Sec. 823. Modification of justification and approval requirement for certain Depart- ment of Defense contracts. Sec. 824. Extension of sunset relating to Federal Data Center Consolidation Initia- tive. Sec. 825. Pilot program to accelerate contracting and pricing processes. Sec. 826. Uniformity in application of micro-purchase threshold to certain task or delivery orders. Sec. 827. Requirement for cost estimates on models of commercial e-commerce por- tal program. Subtitle C—Provisions Relating to Major Defense Acquisition Programs Sec. 830. Modification of requirements for reporting to Congress on certain acquisi- tion programs. Sec. 831. Pilot program to streamline decision-making processes for weapon sys- tems. Sec. 832. Analysis of alternatives pursuant to materiel development decisions. Sec. 833. Naval vessel certification required before Milestone B approval. Subtitle D—Provisions Relating to the Acquisition System Sec. 835. Extramural acquisition innovation and research activities. Sec. 836. Report on realignment of the defense acquisition system to implement ac- quisition reforms. Sec. 837. Report and limitation on the availability of funds relating to the ‘‘middle tier’’ of acquisition programs. Sec. 838. Report on intellectual property policy and the cadre of intellectual prop- erty experts. Sec. 839. Guidance and reports relating to covered defense business systems. Sec. 840. Implementation guidance for use of a modular open system approach. Sec. 841. Limitation on availability of funds for the Office of the Chief Management Officer of the Department of Defense. Subtitle E—Industrial Base Matters Sec. 845. Modernization of acquisition processes to ensure integrity of industrial base. Sec. 846. Report requirements for the national technology and industrial base. Sec. 847. Mitigating risks related to foreign ownership, control, or influence of De- partment of Defense contractors or subcontractors. Sec. 848. Prohibition on operation or procurement of foreign-made unmanned air- craft systems. Sec. 849. Modification of prohibition on acquisition of sensitive materials from non- allied foreign nations. Sec. 850. Acquisition and disposal of certain rare earth materials. Sec. 851. Pilot program for development of technology-enhanced capabilities with partnership intermediaries. Sec. 852. Authorized official to carry out the procurement technical assistance coop- erative agreement program. Sec. 853. Requirement that certain ship components be manufactured in the na- tional technology and industrial base. Sec. 854. Addition of domestically produced stainless steel flatware and dinnerware to the Berry Amendment. Sec. 855. Application of miscellaneous technology base policies and programs to the Columbia-class submarine program. Sec. 856. Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program. Sec. 857. Sense of Congress regarding consideration of price in procurement of the FFG(X) frigate. Subtitle F—Provisions Relating to Acquisition Workforce Sec. 860. Establishment of Defense Civilian Training Corps. Sec. 861. Defense acquisition workforce certification, education, and career fields. Sec. 862. Software development and software acquisition training and management programs. Sec. 863. Modification of temporary assignments of Department of Defense employ- ees to a private-sector organization. Sec. 864. Incentives and consideration for qualified training programs. S. 1790—13 Sec. 865. Use of qualified apprentices by military construction contractors. Subtitle G—Small Business Matters Sec. 870. Requirements relating to credit for certain small business concern sub- contractors. Sec. 871. Inclusion of best in class designations in annual report on small business goals. Sec. 872. Reauthorization and improvement of Department of Defense Mentor-Pro- tege Program. Sec. 873. Accelerated payments applicable to contracts with certain small business concerns under the Prompt Payment Act. Sec. 874. Postaward explanations for unsuccessful offerors for certain contracts. Sec. 875. Small business contracting credit for subcontractors that are Puerto Rico businesses or covered territory businesses. Sec. 876. Technical amendment regarding treatment of certain surviving spouses under the definition of small business concern owned and controlled by service-disabled veterans. Sec. 877. Extension of loan assistance and deferral eligibility to reservists and members of the National Guard beyond periods of military conflict. Sec. 878. Modification to the Defense Research and Development Rapid Innovation Program. Sec. 879. Alignment of the Department of Defense Small Business Innovation Re- search Program and Small Business Technology Transfer Program with the National Defense Science and Technology Strategy. Sec. 880. Assistance for small business concerns participating in the SBIR and STTR programs. Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs. Sec. 882. Funding for defense research activities of small business concerns. Sec. 883. Modifications to budget display requirements for the Department of De- fense Small Business Innovation Research Program and Small Business Technology Transfer Program. Sec. 884. Pilot program for domestic investment under the SBIR program. Subtitle H—Other Matters Sec. 885. Review of guidance to contractors on nondiscrimination on the basis of sex. Sec. 886. Comptroller General report on contractor violations of certain labor laws. Sec. 887. Comptroller General report on contingency contracting. Sec. 888. Policies and procedures for contractors to report gross violations of inter- nationally recognized human rights. Sec. 889. Comptroller General report on oversight of contractors providing private security functions. Sec. 890. Prohibition on contracting with persons that have business operations with the Maduro regime. Sec. 891. Report on the Combating Trafficking in Persons initiative. Sec. 892. Improved management of information technology and cyberspace invest- ments. Sec. 893. Modification to requirements for purchase of commercial leasing services pursuant to multiple award contracts. 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. Sec. 902. Clarifying the roles and responsibilities of the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering. Sec. 903. Return to Chief Information Officer of the Department of Defense of re- sponsibility for business systems and related matters. Sec. 904. Assessments of responsibilities and authorities of the Chief Management Officer of the Department of Defense. Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Ad- visor. Sec. 906. 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. Subtitle B—Organization and Management of Other Department of Defense Offices and Elements Sec. 911. Codification of Assistant Secretaries for Energy, Installations, and Envi- ronment of the Army, Navy, and Air Force. S. 1790—14 Subtitle C—Other Department of Defense Organization and Management Matters Sec. 921. Prohibition on ownership or trading of stocks in certain companies by cer- tain officials of the Department of Defense. Sec. 922. Limitation on consolidation of Defense Media Activity. Sec. 923. Report on resources to implement the civilian casualty policy of the De- partment of Defense. Subtitle D—United States Space Force Sec. 951. Short title. Sec. 952. The Space Force. Sec. 953. Chief of Space Operations. Sec. 954. Space Force Acquisition Council. Sec. 955. Assistant Secretary of Defense for Space Policy. Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and Integra- tion. Sec. 957. Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs. Sec. 958. Conforming amendments and clarification of authorities. Sec. 959. Effects on military installations. Sec. 960. Availability of funds. Sec. 961. Implementation. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Defense Business Audit Remediation Plan. Sec. 1003. Financial improvement and audit remediation plan. Sec. 1004. Reporting requirements relating to Department of Defense audits. Sec. 1005. Inclusion of certain military construction projects in annual reports on unfunded priorities of the Armed Forces and the combatant commands. Sec. 1006. Prohibition on delegation of responsibility for submittal to Congress of Out-Year Unconstrained Total Munitions Requirements and Out-Year Inventory numbers. Sec. 1007. Annual budget justification display for service-common and other sup- port and enabling capabilities for special operations forces. Sec. 1008. Element in annual reports on the Financial Improvement and Audit Re- mediation Plan on activities with respect to classified programs. Sec. 1009. Plan of the Department of Defense for financial management informa- tion. Sec. 1010. Update of authorities and renaming of Department of Defense Acquisi- tion Workforce Development Fund. Sec. 1011. Transparency of accounting firms used to support Department of De- fense audit. Sec. 1012. Modification of required elements of annual reports on emergency and extraordinary expenses of the Department of Defense. Subtitle B—Counterdrug Activities Sec. 1021. Modification of authority to support a unified counterdrug and counter- terrorism campaign in Colombia. Sec. 1022. Extension of authority for joint task forces to provide support to law en- forcement agencies conducting counter-terrorism activities. Sec. 1023. Sense of Congress regarding Department of Defense counterdrug activi- ties in the transit zone and Caribbean basin. Sec. 1024. Assessment of impact of any planned or proposed border wall on volume of illegal narcotics. Subtitle C—Naval Vessels Sec. 1031. Modification of authority to purchase vessels using funds in National Defense Sealift Fund. Sec. 1032. Use of National Defense Sealift Fund for procurement of two used ves- sels. Sec. 1033. Transportation by sea of supplies for the Armed Forces and Defense Agencies. Sec. 1034. Senior Technical Authority for each naval vessel class. Sec. 1035. Permanent authority for sustaining operational readiness of littoral com- bat ships on extended deployment. Sec. 1036. Formal training for shipboard system programs of record. Sec. 1037. Report on shipbuilder training and the defense industrial base. Sec. 1038. Use of competitive procedures for CVN–80 and CVN–81 dual aircraft carrier contract. S. 1790—15 Sec. 1039. Report on expanding naval vessel maintenance. Subtitle D—Counterterrorism Sec. 1041. Modification of support of special operations to combat terrorism. Sec. 1042. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Sec. 1043. Extension of prohibition on use of funds for transfer or release of indi- viduals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States. Sec. 1044. 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. 1045. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1046. Chief Medical Officer at United States Naval Station, Guantanamo Bay, Cuba. Sec. 1047. Independent assessment on gender and countering violent extremism. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1051. Scheduling of Department of Defense executive aircraft controlled by Secretaries of military departments. Sec. 1052. Explosive ordnance defense disposal program. Sec. 1053. Technical correction and extension of reporting requirement regarding enhancement of information sharing and coordination of military train- ing between Department of Homeland Security and Department of De- fense. Sec. 1054. Notification on the provision of defense sensitive support. Sec. 1055. Revision to authorities relating to mail service for members of the Armed Forces and Department of Defense civilians overseas. Sec. 1056. Access to and use of military post offices by United States citizens em- ployed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1057. Expenditure of funds for Department of Defense intelligence and coun- terintelligence activities. Sec. 1058. Limitation on use of funds for the inactivation of Army watercraft units. TITLE XI—CIVILIAN PERSONNEL MATTERS Subtitle A—General Provisions Sec. 1101. Defense Advanced Research Projects Agency personnel management au- thority. Sec. 1102. Report on the probationary period for Department of Defense employees. Sec. 1103. Civilian personnel management. Sec. 1104. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1106. Performance of civilian functions by military personnel. Sec. 1107. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1108. Authority to provide additional allowances and benefits for certain De- fense Clandestine Service employees. Sec. 1109. Modification of direct hire authorities for the Department of Defense. Sec. 1110. Designating certain FEHBP and FEGLI services provided by Federal employees as excepted services under the Anti-Deficiency Act. Sec. 1111. Continuing supplemental dental and vision benefits and long-term care insurance coverage during a Government shutdown. Sec. 1112. Limitation on transfer of Office of Personnel Management. Sec. 1113. Assessment of Accelerated Promotion Program suspension. Sec. 1114. Reimbursement for Federal, State, and local income taxes incurred dur- ing travel, transportation, and relocation. Sec. 1115. Clarification of limitation on expedited hiring authority for post-sec- ondary students. Sec. 1116. Modification of temporary assignments of Department of Defense em- ployees to a private-sector organization. Sec. 1117. Extension of authority for part-time reemployment. Subtitle B—Fair Chance Act Sec. 1121. Short title. S. 1790—16 Sec. 1122. Prohibition on criminal history inquiries prior to conditional offer for Federal employment. Sec. 1123. Prohibition on criminal history inquiries by contractors prior to condi- tional offer. Sec. 1124. Report on employment of individuals formerly incarcerated in Federal prisons. Subtitle C—ATC Hiring Reform Sec. 1131. Short title; definition. Sec. 1132. Hiring of air traffic control specialists. Sec. 1133. Ensuring hiring preference for applicants with experience at an air traf- fic control facility of the National Guard. Sec. 1134. FAA reports on air traffic controller hiring and training. Sec. 1135. DOT Inspector General review and report. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1201. Modification of authority to build capacity of foreign security forces. Sec. 1202. Modification and extension of cross servicing agreements for loan of per- sonnel protection and personnel survivability equipment in coalition op- erations. Sec. 1203. Modifications of authorities relating to acquisition and cross-servicing agreements. Sec. 1204. Modification of quarterly report on obligation and expenditure of funds for security cooperation programs and activities. Sec. 1205. Gender perspectives and participation by women in security cooperation activities. Sec. 1206. Plan to provide consistency of administration of authorities relating to vetting of units of security forces of foreign countries; modification of as- sessment, monitoring, and evaluation of security cooperation programs and activities. Sec. 1207. Extension of authority for support of special operations for irregular warfare. Sec. 1208. Extension and modification of Commanders’ Emergency Response Pro- gram and elimination of certain payments to redress injury and loss. Sec. 1209. Two-year extension of program authority for Global Security Contin- gency Fund. Sec. 1210. Legal institutional capacity building initiative for foreign defense insti- tutions. Sec. 1210A. 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. Extension and modification of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 1213. Authority for certain payments to redress injury and loss. Sec. 1214. Extension and modification of semiannual report on enhancing security and stability in Afghanistan. Sec. 1215. Special Immigrant Visa program reporting requirement. Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations. Sec. 1217. Extension and modification of authority for reimbursement of certain co- alition nations for support provided to United States military oper- ations. Sec. 1218. Support for reconciliation activities led by the Government of Afghani- stan. Sec. 1219. Modification and extension of the Afghan Special Immigrant Visa Pro- gram. Subtitle C—Matters Relating to Syria, Iraq, and Iran Sec. 1221. Modification of authority and limitation on use of funds to provide as- sistance to counter the Islamic State of Iraq and Syria. Sec. 1222. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1223. Modification of authority to support operations and activities of the Of- fice of Security Cooperation in Iraq. Sec. 1224. Establishing a coordinator for detained ISIS members and relevant dis- placed populations in Syria. Sec. 1225. Report on lessons learned from efforts to liberate Mosul and Raqqah from control of the Islamic State of Iraq and Syria. S. 1790—17 Sec. 1226. Expansion of availability of financial assets of Iran to victims of ter- rorism. Sec. 1227. Report on the status of deconfliction channels with Iran. Sec. 1228. Prohibition on provision of weapons and other forms of support to cer- tain organizations. Subtitle D—Matters Relating to the Russian Federation Sec. 1231. Extension of limitation on military cooperation between the United States and Russia. Sec. 1232. Prohibition on availability of funds relating to sovereignty of Russia over Crimea. Sec. 1233. Sense of Congress on updating and modernizing existing agreements to avert miscalculation between the United States and Russia. Sec. 1234. United States participation in Open Skies Treaty. Sec. 1235. Modifications of briefing, notification, and reporting requirements relat- ing to non-compliance by the Russian Federation with its obligations under the INF Treaty. Sec. 1236. Report on treaties relating to nuclear arms control. Sec. 1237. Reports relating to the New START Treaty. Sec. 1238. Report on military activities of the Russian Federation and the People’s Republic of China in the Arctic region. Sec. 1239. Updated strategy to counter the threat of malign influence by the Rus- sian Federation and other countries. Subtitle E—Matters Relating to Europe and NATO Sec. 1241. Sense of Congress on support for the North Atlantic Treaty Organiza- tion. Sec. 1242. Prohibition on the use of funds to suspend, terminate, or provide notice of denunciation of the North Atlantic Treaty. Sec. 1243. Future years plans and planning transparency for the European Deter- rence Initiative. Sec. 1244. Modification and extension of Ukraine Security Assistance Initiative. Sec. 1245. Limitation on transfer of F–35 aircraft to Turkey. Sec. 1246. Baltic defense assessment; extension and modification of security assist- ance for Baltic countries for joint program for interoperability and deter- rence against aggression. Sec. 1247. Extension of authority for and report on training for Eastern European national security forces in the course of multilateral exercises. Sec. 1248. Extension and modification of NATO Special Operations Headquarters. Sec. 1249. North Atlantic Treaty Organization Joint Force Command. Sec. 1250. Report on North Atlantic Treaty Organization Readiness Initiative. Sec. 1250A. Repeal of prohibition on transfer of articles on the United States muni- tions list to the Republic of Cyprus. Subtitle F—Matters Relating to the Indo-Pacific Region Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative. Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and limitation on use of funds. Sec. 1253. Report on resourcing United States defense requirements for the Indo- Pacific region and study on competitive strategies. Sec. 1254. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea. Sec. 1255. Report on direct, indirect, and burden-sharing contributions of Japan and South Korea. Sec. 1256. Sense of Congress 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. 1257. Sense of Congress on North Korea. Sec. 1258. Statement of policy and sense of Congress on, and strategy to fulfill obli- gations under, Mutual Defense Treaty with the Republic of the Phil- ippines. Sec. 1259. Report on security cooperation with the Philippine National Police. Sec. 1260. Modification of annual report on military and security developments in- volving the People’s Republic of China. Sec. 1260A. Report on foreign military activities in Pacific Island countries. Sec. 1260B. Report on cybersecurity activities with Taiwan. Sec. 1260C. Review and report related to the Taiwan Relations Act. Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan de- fense relationship. Sec. 1260E. Chinese foreign direct investment in countries of the Arctic region. Sec. 1260F. Sense of Congress on policy toward Hong Kong. S. 1790—18 Sec. 1260G. Sense of Congress on enhancing defense and security cooperation with the Republic of Singapore. Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from entity list of Bureau of Industry and Security. Sec. 1260J. Report on ZTE compliance with Superseding Settlement Agreement and Superseding Order. Sec. 1260K. Report on the lay-down of United States Marines in the Indo-Pacific Region. Subtitle G—Other Matters Sec. 1261. Modification to report on legal and policy frameworks for the use of mili- tary force. Sec. 1262. Independent review of sufficiency of resources available to United States Southern Command and United States Africa Command. Sec. 1263. United States Central Command posture assessment and review. Sec. 1264. Limitation on production of nuclear proliferation assessment statements. Sec. 1265. Western Hemisphere resource assessment. Sec. 1266. Human rights in Brazil. Sec. 1267. Certification relating to assistance for Guatemala. Sec. 1268. Independent analysis of human rights situation in Honduras. Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian military to prevent, mitigate, and respond to civilian harm. Sec. 1270. Report on implications of Chinese military presence in Djibouti. Sec. 1271. Rule of construction on the permanent stationing of United States Armed Forces in Somalia. Sec. 1272. Defense and diplomatic strategy for Libya. Sec. 1273. Prohibition on in-flight refueling to non-United States aircraft that en- gage in hostilities in the ongoing civil war in Yemen. Sec. 1274. Report on Saudi-led coalition strikes in Yemen. Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi coalition aircraft conducting missions relating to civil war in Yemen. Sec. 1276. Report on Saudi Arabia’s human rights record. Sec. 1277. Report on intelligence community assessment relating to the killing of Washington Post columnist Jamal Khashoggi. Sec. 1278. United States-Israel cooperation to counter unmanned aerial systems. Sec. 1279. Extension and modification of authority for United States-Israel anti- tunnel cooperation activities. Sec. 1280. Report on cost imposition strategy. Sec. 1281. Modification of initiative to support protection of national security aca- demic researchers from undue influence and other security threats. Sec. 1282. Modification of responsibility for policy on civilian casualty matters. Sec. 1283. Report on export of certain satellites to entities with certain beneficial ownership structures. Sec. 1284. Rule of construction relating to the use of military force. Sec. 1285. Reports and briefings on use of military force and support of partner forces. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations; specification of cooperative threat reduction funds. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical agents and munitions destruction, defense. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide. Sec. 1404. Defense inspector general. Sec. 1405. Defense health program. Subtitle B—Other Matters Sec. 1411. Authority for transfer of funds to joint Department of Defense-Depart- ment of Veterans Affairs Medical Facility Demonstration Fund for Cap- tain James A. Lovell Health Care Center, Illinois. Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home. TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Sec. 1501. Purpose. Sec. 1502. Treatment as additional authorizations. S. 1790—19 Subtitle A—Authorization of Appropriations for Overseas Contingency Operations Sec. 1511. Overseas contingency operations. Sec. 1512. Procurement. Sec. 1513. Research, development, test, and evaluation. Sec. 1514. Operation and maintenance. Sec. 1515. Military personnel. Sec. 1516. Working capital funds. Sec. 1517. Drug interdiction and counter-drug activities, defense-wide. Sec. 1518. Defense inspector general. Sec. 1519. Defense health program. Sec. 1520. Afghanistan security forces fund. Sec. 1520A. Special transfer authority. Subtitle B—Authorization of Appropriations for Emergency Funds for Recovery and Restoration Sec. 1521. Procurement. Sec. 1522. Research, development, test, and evaluation. Sec. 1523. Operation and maintenance. Sec. 1524. Restriction on transfer of funds authorized by this subtitle. TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Subtitle A—Space Activities Sec. 1601. Repeal of requirement to establish United States Space Command as a subordinate unified command of the United States Strategic Command. Sec. 1602. Coordination of modernization efforts relating to military-code capable GPS receiver cards. Sec. 1603. Demonstration of backup and complementary positioning, navigation, and timing capabilities of Global Positioning System. Sec. 1604. Annual determination on plan on full integration and exploitation of overhead persistent infrared capability. Sec. 1605. Space-based environmental monitoring mission requirements. Sec. 1606. Resilient enterprise ground architecture. Sec. 1607. Prototype program for multi-global navigation satellite system receiver development. Sec. 1608. Commercial space situational awareness capabilities. Sec. 1609. Program to enhance and improve launch support and infrastructure. Sec. 1610. Preparation to implement plan for use of allied launch vehicles. Sec. 1611. Independent study on plan for deterrence in space. Sec. 1612. Study on leveraging diverse commercial satellite remote sensing capa- bilities. Sec. 1613. Annual report on Space Command and Control program. Sec. 1614. Report on space debris. 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. Modifications to ISR Integration Council and annual briefing require- ments. Sec. 1623. Modification of annual authorization of appropriations for National Flag- ship Language Initiative. Sec. 1624. Improving the onboarding methodology for intelligence personnel. Sec. 1625. Defense Counterintelligence and Security Agency activities on facili- tating access to local criminal records historical data. Sec. 1626. Survey and report on alignment of intelligence collections capabilities and activities with Department of Defense requirements. Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense Counter- intelligence and Security Agency. Sec. 1628. Report on the expanded purview of the Defense Counterintelligence and Security Agency. Sec. 1629. Termination of requirement for Department of Defense facility access clearances for joint ventures composed of previously-cleared entities. Subtitle C—Cyberspace-Related Matters Sec. 1631. Matters relating to military operations in the information environment. Sec. 1632. Notification requirements for sensitive military cyber operations. Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems of the De- partment of Defense. Sec. 1634. Quarterly assessments of the readiness of Cyber Mission Forces. Sec. 1635. Cyber posture review. S. 1790—20 Sec. 1636. Modification of elements of assessment required for termination of dual- hat arrangement for Commander of the United States Cyber Command. Sec. 1637. Modification of cyber scholarship program. Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber incident. Sec. 1639. Extension of the Cyberspace Solarium Commission. Sec. 1640. Authority to use operation and maintenance funds for cyber operations- peculiar capability development projects. Sec. 1641. Role of Chief Information Officer in improving enterprise-wide cyberse- curity. Sec. 1642. Notification of delegation of authorities to the Secretary of Defense for military operations in cyberspace. Sec. 1643. Limitation of funding for Consolidated Afloat Networks and Enterprise Services. Sec. 1644. Annual military cyberspace operations report. Sec. 1645. Annual report on cyber attacks and intrusions against the Department of Defense by certain foreign entities. Sec. 1646. Control and analysis of Department of Defense data stolen through cyberspace. Sec. 1647. Use of National Security Agency cybersecurity expertise to support eval- uation of commercial cybersecurity products. Sec. 1648. Framework to enhance cybersecurity of the United States defense indus- trial base. Sec. 1649. Report on cybersecurity training programs. Sec. 1650. National Security Presidential Memorandums relating to Department of Defense operations in cyberspace. Sec. 1651. Reorientation of Big Data Platform program. Sec. 1652. Zero-based review of Department of Defense cyber and information tech- nology personnel. Sec. 1653. Study on improving cyber career paths in the Navy. Sec. 1654. Accreditation standards and processes for cybersecurity and information technology products and services. Sec. 1655. Study on future cyber warfighting capabilities of Department of Defense. Sec. 1656. 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. 1657. Cyber governance structures and Principal Cyber Advisors on military cyber force matters. Sec. 1658. Designation of test networks for testing and accreditation of cybersecu- rity products and services. Sec. 1659. Consortia of universities to advise Secretary of Defense on cybersecurity matters. Sec. 1660. Joint assessment of Department of Defense cyber red team capabilities, capacity, demand, and requirements. Subtitle D—Nuclear Forces Sec. 1661. Conforming amendment to Council on Oversight of the National Leader- ship Command, Control, and Communications System. Sec. 1662. Modification of authorities relating to nuclear command, control, and communications system. Sec. 1663. Briefings on meetings held by Nuclear Weapons Council. Sec. 1664. Consideration of budget matters at meetings of Nuclear Weapons Coun- cil. Sec. 1665. Improvement to annual report on the modernization of the nuclear weapons enterprise. Sec. 1666. Expansion of officials required to conduct biennial assessments of deliv- ery platforms for nuclear weapons and nuclear command and control system. Sec. 1667. Extension of annual briefing on costs of forward-deploying nuclear weap- ons in Europe. Sec. 1668. Elimination of conventional requirement for long-range standoff weapon. Sec. 1669. Briefing on long-range standoff weapon and sea-launched cruise missile. Sec. 1670. Extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile. Sec. 1671. Reports on development of ground-based strategic deterrent weapon. Sec. 1672. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1673. Independent study on policy of no-first-use of nuclear weapons. Sec. 1674. Independent study on risks of nuclear terrorism and nuclear war. Sec. 1675. Report on military-to-military dialogue to reduce risks of miscalculation leading to nuclear war. S. 1790—21 Sec. 1676. Report on nuclear forces of the United States and near-peer countries. Sec. 1677. Report on operation of conventional forces of military departments under employment or threat of employment of nuclear weapons. Sec. 1678. Report on operation of conventional forces of certain combatant com- mands under employment or threat of employment of nuclear weapons. Sec. 1679. Briefings on plan for future-systems-level architecture of nuclear com- mand, control, and communications systems. Sec. 1680. Sense of Congress on nuclear deterrence commitments of the United States. Subtitle E—Missile Defense Programs Sec. 1681. National missile defense policy. Sec. 1682. Development of space-based ballistic missile intercept layer. Sec. 1683. Development of hypersonic and ballistic missile tracking space sensor payload. Sec. 1684. Modifications to required testing by Missile Defense Agency of ground- based midcourse defense element of ballistic missile defense system. Sec. 1685. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1686. Limitation on availability of funds for lower tier air and missile defense sensor. Sec. 1687. Plan for the redesigned kill vehicle replacement. Sec. 1688. Organization, authorities, and billets of the Missile Defense Agency. Sec. 1689. Annual assessment of ballistic missile defense system. Sec. 1690. Command and control, battle management, and communications pro- gram. Sec. 1691. Missile defense interceptor site in contiguous United States. Sec. 1692. Independent study on impacts of missile defense development and de- ployment. Sec. 1693. Report and briefing on multi-volume kill capability. Subtitle F—Other Matters Sec. 1694. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1695. Repeal of requirement for commission on electromagnetic pulse attacks and similar events. Sec. 1696. Repeal of review requirement for ammonium perchlorate report. Sec. 1697. Transferability of conventional prompt global strike weapon system tech- nologies to surface-launched platforms. Sec. 1698. Prohibition on availability of funds for certain offensive ground-launched ballistic or cruise missile systems. Sec. 1699. Hard and deeply buried targets. TITLE XVII—REPORTS AND OTHER MATTERS Subtitle A—Studies and Reports Sec. 1701. Modification of annual reporting requirements on defense manpower. Sec. 1702. Termination of requirement for submittal to Congress of certain recur- ring reports. Sec. 1703. Modification of annual report on civilian casualties in connection with United States military operations. Sec. 1704. Extension of requirement for briefings on the national biodefense strat- egy. Sec. 1705. Authorization of appropriations for title III of the Defense Production Act of 1950. Sec. 1706. Report on the Department of Defense plan for mass-casualty disaster re- sponse operations in the Arctic. Sec. 1707. Transmittal to Congress of requests for assistance from other depart- ments of the Federal Government that are approved by the Department of Defense. Sec. 1708. Report and briefing on implementation of national defense strategy. Sec. 1709. Actions to increase analytic support. Sec. 1710. Inclusion of certain individuals investigated by Inspectors General in the semiannual report. Sec. 1711. Annual report on Joint Military Information Support Operations Web Operations Center. Sec. 1712. Mobility capability requirements study. Sec. 1713. Assessment of special operations force structure. Sec. 1714. Army aviation strategic plan and modernization roadmap. Sec. 1715. Report on ground-based long-range artillery to counter land and mari- time threats. S. 1790—22 Sec. 1716. Independent review of transportation working-capital fund. Sec. 1717. Geographic command risk assessment of proposed use of certain aircraft capabilities. Sec. 1718. Report on backlog of personnel security clearance adjudications. Sec. 1719. Report regarding outstanding Government Accountability Office rec- ommendations. Sec. 1720. Report on National Guard and United States Northern Command capac- ity to meet homeland defense and security incidents. Sec. 1721. Assessment of standards, processes, procedures, and policy relating to ci- vilian casualties. Sec. 1722. Report on transfers of equipment to prohibited entities. Sec. 1723. Annual report on strikes undertaken by the United States against ter- rorist targets outside areas of active hostilities. Sec. 1724. Review and assessment of mitigation of military helicopter noise. Subtitle B—Other Matters Sec. 1731. Technical, conforming, and clerical amendments. Sec. 1732. Establishment of lead Inspector General for an overseas contingency op- eration based on Secretary of Defense notification. Sec. 1733. Clarification of authority of Inspectors General for overseas contingency operations. Sec. 1734. Employment status of annuitants for Inspectors General for overseas contingency operations. Sec. 1735. Extension of National Security Commission on Artificial Intelligence. Sec. 1736. Exemption from calculation of monthly income, for purposes of bank- ruptcy laws, of certain payments from the Department of Veterans Af- fairs and the Department of Defense. Sec. 1737. Extension of postage stamp for breast cancer research. Sec. 1738. National Commission on Military Aviation Safety. Sec. 1739. Guarantee of residency for spouses of members of the uniformed serv- ices. Sec. 1740. Electromagnetic pulses and geomagnetic disturbances. Sec. 1741. Improvements to Manufacturing USA Program. Sec. 1742. Regional innovation program. Sec. 1743. Aviation workforce development. Sec. 1744. Oversight of Department of Defense execute orders. Sec. 1745. Processes and procedures for notifications regarding special operations forces. Sec. 1746. Securing American science and technology. Sec. 1747. Standardized policy guidance for calculating aircraft operation and sustainment costs. Sec. 1748. Special Federal Aviation Regulation Working Group. Sec. 1749. Prohibition on names related to the Confederacy. Sec. 1750. Support for National Maritime Heritage Grants program. Sec. 1751. Support for world language advancement and readiness. Sec. 1752. Designation of Department of Defense strategic Arctic ports. Sec. 1753. Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure . Sec. 1754. Comprehensive Department of Defense policy on collective self-defense. Sec. 1755. Policy regarding the transition of data and applications to the cloud. Sec. 1756. Integrated public alert and warning system. Sec. 1757. Improving quality of information in background investigation request packages. Sec. 1758. Parole in place for members of the Armed Forces and certain military dependents. Sec. 1759. Report on reducing the backlog in legally required historical declassifica- tion obligations of the Department of Defense. Sec. 1760. Military type certification for light attack experimentation aircraft. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2019 projects. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. S. 1790—23 Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. Sec. 2205. Modification of authority to carry out certain fiscal year 2017 project. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authorities to carry out phased Joint Intelligence Anal- ysis Complex consolidation. Sec. 2306. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2307. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2308. Modification of authority to carry out certain fiscal year 2018 projects. Sec. 2309. Modification of authority to carry out certain fiscal year 2019 projects. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy 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 activi- ties 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. Sec. 2802. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes. Sec. 2803. Increased authority for use of certain appropriations amounts for res- toration or replacement of damaged or destroyed facilities. Sec. 2804. Amendment of Unified Facilities Criteria to promote military installa- tion resilience, energy resilience, energy and climate resiliency, and cyber resilience. Sec. 2805. Modification to Department of Defense Form 1391 regarding consider- ation of potential long-term adverse environmental effects. Sec. 2806. Improved flood risk disclosure for military construction. Sec. 2807. Prioritization of projects in annual report on unfunded requirements for laboratory military construction projects. Sec. 2808. Technical corrections and improvements to defense access road resil- ience. Sec. 2809. Military construction projects for child development centers at military installations. Sec. 2810. Prohibition on use of funds to reduce air base resiliency or demolish pro- tected aircraft shelters in the European theater without creating a simi- lar protection from attack. S. 1790—24 Sec. 2811. Prohibition on use of funds to close or return certain bases to the host nation. Subtitle B—Real Property and Facilities Administration Sec. 2821. Improved energy security for main operating bases in Europe. Sec. 2822. Access to Department of Defense installations for credentialed transpor- tation workers. Sec. 2823. Improved recording and maintaining of Department of Defense real property data. Subtitle C—Land Conveyances Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah. Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, Arkansas, for use of such land as a veterans cemetery. Sec. 2833. Modification of authorized uses of certain property conveyed by the United States in Los Angeles, California. Sec. 2834. Transfer of administrative jurisdiction over certain parcels of Federal land in Arlington, Virginia. Subtitle D—Military Land Withdrawals Sec. 2841. Public notice regarding upcoming periods of Secretary of the Navy man- agement of Shared Use Area of the Johnson Valley Off-Highway Vehicle Recreation Area. Subtitle E—White Sands National Park and White Sands Missile Range Sec. 2851. White Sands Missile Range Land Enhancements. Subtitle F—Other Matters Sec. 2861. Installation and maintenance of fire extinguishers in Department of De- fense facilities. Sec. 2862. Definition of community infrastructure for purposes of military base reuse studies and community planning assistance. Sec. 2863. Temporary authority for acceptance and use of contributions for certain design and construction projects mutually beneficial to the Department of Defense and the Republic of Korea. Sec. 2864. Black start exercises at military installations. Sec. 2865. Pilot program to extend service life of roads and runways under the ju- risdiction of the Secretary of Defense. Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California. Sec. 2867. Designation of Sumpter Smith Joint National Guard Base. Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation. Sec. 2869. Lands to be taken into trust as part of the reservation of the Lytton Rancheria. Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana. Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base. TITLE XXIX—AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION Subtitle A—Overseas Contingency Operations Military Construction Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. Sec. 2903. Authorized Air Force construction and land acquisition projects. Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. Sec. 2905. Authorization of appropriations. Subtitle B—Emergency Military Construction Sec. 2911. Authorization of emergency Navy construction and land acquisition projects. Sec. 2912. Authorization of emergency Air Force construction and land acquisition projects. Sec. 2913. Authorization of emergency Army National Guard construction and land acquisition projects. Sec. 2914. Authorization of emergency Defense Agencies construction and land ac- quisition projects. Sec. 2915. Authorization of emergency supplemental appropriations for military construction projects. TITLE XXX—MILITARY HOUSING PRIVATIZATION REFORM Sec. 3001. Definitions. S. 1790—25 Subtitle A—Addition of New Reform Subchapter Sec. 3011. Improved accountability and oversight of privatized military housing and protections and responsibilities for tenants of privatized military housing. Sec. 3012. Designation of Chief Housing Officer for privatized military housing. Sec. 3013. Additional requirements relating to contracts for privatized military housing. Sec. 3014. Additional requirements relating to management of privatized military housing. Sec. 3015. Consideration of contractor history in contracts for privatized military housing. Sec. 3016. Additional improvements for management of privatized military hous- ing. Sec. 3017. Maintenance work order system for privatized military housing. Sec. 3018. Access by tenants of privatized military housing to maintenance work order system. Sec. 3019. Access by tenants to historical maintenance information for privatized military housing. Sec. 3020. Prohibition on requirement to disclose personally identifiable informa- tion in certain requests for maintenance of privatized military housing. Sec. 3021. Treatment of incentive fees for landlords of privatized military housing for failure to remedy a health or environmental hazard. Sec. 3022. Dispute resolution process for landlord-tenant disputes regarding privatized military housing and requests to withhold payments during dispute resolution process. Sec. 3023. Investigation of reports of reprisals relating to privatized military hous- ing and congressional notification. Sec. 3024. Prohibition on use of nondisclosure agreements in connection with leases of privatized military housing. Subtitle B—Other Amendatory Provisions Sec. 3031. Installation of carbon monoxide detectors in military family housing. Sec. 3032. Authority to furnish certain services in connection with use of alter- native authority for acquisition and improvement of military housing. Sec. 3033. Treatment of breach of contract for privatized military housing. Sec. 3034. Modification to requirements for window fall prevention devices in mili- tary family housing units. Sec. 3035. 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. 3036. Modification of authority to make payments to lessors of privatized mili- tary housing. Sec. 3037. Technical correction to definition used to make payments to lessors of privatized military housing. Subtitle C—One-Time Reporting Requirements Sec. 3041. Report on civilian personnel shortages for appropriate oversight of man- agement of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing. Sec. 3042. Plans for creation of councils on privatized military housing. Sec. 3043. Plan for establishment of Department of Defense jurisdiction over off- base privatized military housing. Sec. 3044. Inspector General review of Department of Defense oversight of privatized military housing. Sec. 3045. Information on legal services provided to members of the Armed Forces harmed by health or environmental hazards at military housing. Subtitle D—Development of Housing Reform Standards and Processes Sec. 3051. Uniform code of basic standards for privatized military housing and plan to conduct inspections and assessments. Sec. 3052. Tool for assessment of hazards in Department of Defense housing. Sec. 3053. Process to identify and address environmental health hazards in Depart- ment of Defense housing. Sec. 3054. Department of Defense policy on lead-based paint testing on military in- stallations. Sec. 3055. Standard for minimum credentials for health and environmental inspec- tors of privatized military housing. Sec. 3056. Requirements relating to move-in, move-out, and maintenance of privatized military housing. S. 1790—26 Sec. 3057. Standardized documentation, templates, and forms for privatized mili- tary housing. Sec. 3058. Satisfaction survey for tenants of military housing. Subtitle E—Other Housing Reform Matters Sec. 3061. Radon testing of privatized military housing. Sec. 3062. Mitigation of risks posed by certain items in military family housing units. Sec. 3063. Suspension of Resident Energy Conservation Program and related pro- grams for privatized military housing. Sec. 3064. Department of the Army pilot program to build and monitor use of sin- gle 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. Personnel matters at National Nuclear Security Administration. Sec. 3112. Estimation of costs of meeting defense environmental cleanup milestones required by consent orders. Sec. 3113. Office of Cost Estimating and Program Evaluation. Sec. 3114. Clarification of certain Stockpile Responsiveness Program objectives. Sec. 3115. Elimination of limitation on availability of funds relating to submission of annual reports on unfunded priorities. Sec. 3116. Modification to certain requirements relating to plutonium pit produc- tion capacity. Sec. 3117. Annual certification of shipments to Waste Isolation Pilot Plant. Sec. 3118. Extension and modification of pilot program on unavailability for over- head costs of amounts specified for laboratory-directed research and de- velopment. Sec. 3119. Modification to limitation on availability of funds for acceleration of nu- clear weapons dismantlement. Sec. 3120. Implementation of common financial reporting system for nuclear secu- rity enterprise. Sec. 3121. Limitation relating to reclassification of high-level waste. Sec. 3122. National Laboratory Jobs ACCESS Program. Subtitle C—Reports and Other Matters Sec. 3131. Civil penalties for violations of certain whistleblower protections. Sec. 3132. Repeal of assessments of adequacy of budget requests relating to nuclear weapons stockpile. Sec. 3133. Repeal of requirement for review relating to enhanced procurement au- thority. Sec. 3134. Improvements to Energy Employees Occupational Illness Compensation Program Act of 2000. Sec. 3135. Replacement of W78 warhead. Sec. 3136. Independent review of capabilities for detection, verification, and moni- toring of nuclear weapons and fissile material. Sec. 3137. Assessment of high energy density physics. Sec. 3138. Determination of effect of treaty obligations with respect to producing tritium. Sec. 3139. Technical corrections to National Nuclear Security Administration Act and Atomic Energy Defense Act. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board. Sec. 3203. Membership of Defense Nuclear Facilities Safety Board. TITLE XXXIV—NAVAL PETROLEUM RESERVES Sec. 3401. Authorization of appropriations. TITLE XXXV—MARITIME MATTERS Subtitle A—Maritime Administration Sec. 3501. Authorization of the Maritime Administration. S. 1790—27 Sec. 3502. Reauthorization of Maritime Security Program. Sec. 3503. Maritime technical assistance program. Sec. 3504. Appointment of candidates attending sponsored preparatory school. Sec. 3505. General support program. Sec. 3506. Improvements to the maritime guaranteed loan program. Sec. 3507. Requirement for small shipyard grantees. Sec. 3508. Salvage recoveries of cargoes. Sec. 3509. Salvage recoveries for subrogated ownership of vessels and cargoes. Sec. 3510. Maritime Occupational Safety and Health Advisory Committee. Sec. 3511. Military to mariner. Sec. 3512. Department of Transportation Inspector General Report. Sec. 3513. Independent study on the United States Merchant Marine Academy. Sec. 3514. Port operations, research, and technology. Sec. 3515. Assessment and report on strategic seaports. Sec. 3516. Technical corrections. Sec. 3517. United States Merchant Marine Academy sexual assault prevention and response program. Sec. 3518. Report on vessels for emerging offshore energy infrastructure. Sec. 3519. Report on United States flagged fuel tanker vessel capacity. Subtitle B—Cable Security Fleet Sec. 3521. Establishment of Cable Security Fleet. Subtitle C—Maritime SAFE Act Sec. 3531. Short titles. Sec. 3532. Definitions. Sec. 3533. Purposes. Sec. 3534. Statement of policy. PART I—PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY Sec. 3541. Coordination with international organizations. Sec. 3542. Engagement of diplomatic missions of the United States. Sec. 3543. Assistance by Federal agencies to improve law enforcement within pri- ority regions and priority flag states. Sec. 3544. Expansion of existing mechanisms to combat IUU fishing. Sec. 3545. Improvement of transparency and traceability programs. Sec. 3546. Technology programs. Sec. 3547. Savings clause. PART II—ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING Sec. 3551. Interagency Working Group on IUU Fishing. Sec. 3552. Strategic plan. Sec. 3553. Reports. Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group. PART III—COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING AND PROCESSING OF SEAFOOD PRODUCTS Sec. 3561. Finding. Sec. 3562. Adding the Secretary of Commerce to the Interagency Task Force to Monitor and Combat Trafficking. Sec. 3563. Human trafficking in the seafood supply chain report. PART IV—AUTHORIZATION OF APPROPRIATIONS Sec. 3571. Authorization of appropriations. Sec. 3572. Accounting of funds. 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. Sec. 4103. Procurement for emergency requirements. TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency op- erations. Sec. 4203. Research, development, test, and evaluation for emergency require- ments. S. 1790—28 TITLE XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. Sec. 4303. Operation and maintenance for emergency requirements. TITLE XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. TITLE XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. TITLE XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. Sec. 4603. Military construction for emergency requirements. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. DIVISION E—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND 2020 Sec. 5001. Short title. Sec. 5002. Subdivisions and table of contents. Sec. 5003. Definitions. SUBDIVISION 1—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020 Sec. 5100. Table of contents. TITLE LI—INTELLIGENCE ACTIVITIES Sec. 5101. Authorization of appropriations. Sec. 5102. Classified schedule of authorizations. Sec. 5103. Intelligence community management account. TITLE LII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 5201. Authorization of appropriations. TITLE LIII—INTELLIGENCE COMMUNITY MATTERS Subtitle A—General Intelligence Community Matters Sec. 5301. Restriction on conduct of intelligence activities. Sec. 5302. Increase in employee compensation and benefits authorized by law. Sec. 5303. Expansion of scope of protections for identities of covert agents. Sec. 5304. Required counterintelligence assessments, briefings, notifications, and reports. Sec. 5305. Inclusion of security risks in program management plans required for acquisition of major systems in National Intelligence Program. Sec. 5306. Intelligence community public-private talent exchange. Sec. 5307. Assessment of contracting practices to identify certain security and counterintelligence concerns. Subtitle B—Office of the Director of National Intelligence Sec. 5321. Establishment of Climate Security Advisory Council. Sec. 5322. Foreign Malign Influence Response Center. Sec. 5323. Encouragement of cooperative actions to detect and counter foreign in- fluence operations. Sec. 5324. Transfer of National Intelligence University to the Office of the Director of National Intelligence. Subtitle C—Inspector General of the Intelligence Community Sec. 5331. Definitions. Sec. 5332. Inspector General external review panel. Sec. 5333. Harmonization of whistleblower processes and procedures. Sec. 5334. Oversight by Inspector General of the Intelligence Community over in- telligence community whistleblower matters. Sec. 5335. Report on cleared whistleblower attorneys. S. 1790—29 Subtitle D—Central Intelligence Agency Sec. 5341. Clarification of certain authority of the Central Intelligence Agency. TITLE LIV—SECURITY CLEARANCES Sec. 5401. Improving visibility into the security clearance process. Sec. 5402. Making certain policies and execution plans relating to personnel clear- ances available to industry partners. TITLE LV—MATTERS RELATING TO FOREIGN COUNTRIES Subtitle A—Matters Relating to Russia Sec. 5501. Annual reports on influence operations and campaigns in the United States by the Russian Federation. Sec. 5502. Assessment of legitimate and illegitimate financial and other assets of Vladimir Putin. Sec. 5503. Assessments of intentions of political leadership of the Russian Federa- tion. Subtitle B—Matters Relating to China Sec. 5511. Annual reports on influence operations and campaigns in the United States by the Communist Party of China. Sec. 5512. Report on repression of ethnic Muslim minorities in the Xinjiang region of the People’s Republic of China. Sec. 5513. Report on efforts by People’s Republic of China to influence election in Taiwan. Subtitle C—Matters Relating to Other Countries Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and Lebanon. Sec. 5522. Assessments regarding the Northern Triangle and Mexico. TITLE LVI—FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM Sec. 5601. Definitions. Sec. 5602. Strategic intelligence assessment of and reports on domestic terrorism. TITLE LVII—REPORTS AND OTHER MATTERS Subtitle A—Reports and Briefings Sec. 5701. Modification of requirements for submission to Congress of certain re- ports. Sec. 5702. Increased transparency regarding counterterrorism budget of the United States. Sec. 5703. Study on role of retired and former personnel of intelligence community with respect to certain foreign intelligence operations. Sec. 5704. Collection, analysis, and dissemination of workforce data. Sec. 5705. Plan for strengthening the supply chain intelligence function. Sec. 5706. Comprehensive economic assessment of investment in key United States technologies by companies or organizations linked to China. Sec. 5707. Report by Director of National Intelligence on fifth-generation wireless network technology. Sec. 5708. Report on use by intelligence community of facial recognition technology. Sec. 5709. Report on deepfake technology, foreign weaponization of deepfakes, and related notifications. Sec. 5710. Annual report by Comptroller General of the United States on cyberse- curity and surveillance threats to Congress. Sec. 5711. Analysis of and periodic briefings on major initiatives of intelligence community in artificial intelligence and machine learning. Sec. 5712. Report on best practices to protect privacy and civil liberties of Chinese Americans. Sec. 5713. Oversight of foreign influence in academia. Sec. 5714. Report on death of Jamal Khashoggi. Sec. 5715. Report on terrorist screening database. Sec. 5716. Report containing threat assessment on terrorist use of conventional and advanced conventional weapons. Sec. 5717. Assessment of homeland security vulnerabilities associated with certain retired and former personnel of the intelligence community. Sec. 5718. Study on feasibility and advisability of establishing Geospatial-Intel- ligence Museum and learning center. Subtitle B—Other Matters Sec. 5721. Whistleblower disclosures to Congress and committees of Congress. S. 1790—30 Sec. 5722. Task force on illicit financing of espionage and foreign influence oper- ations. Sec. 5723. Establishment of fifth-generation technology prize competition. Sec. 5724. Establishment of deepfakes prize competition. Sec. 5725. Identification of and countermeasures against certain International Mo- bile Subscriber Identity-catchers. Sec. 5726. Securing energy infrastructure. SUBDIVISION 2—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019 Sec. 6100. Table of contents. TITLE LXI—INTELLIGENCE ACTIVITIES Sec. 6101. Authorization of appropriations. Sec. 6102. Intelligence Community Management Account. TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 6201. Authorization of appropriations. Sec. 6202. Computation of annuities for employees of the Central Intelligence Agency. TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 6301. Restriction on conduct of intelligence activities. Sec. 6302. Increase in employee compensation and benefits authorized by law. Sec. 6303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay authority for cyber positions. Sec. 6304. Modification of appointment of Chief Information Officer of the Intel- ligence Community. Sec. 6305. Director of National Intelligence review of placement of positions within the intelligence community on the Executive Schedule. Sec. 6306. Supply Chain and Counterintelligence Risk Management Task Force. Sec. 6307. Consideration of adversarial telecommunications and cybersecurity in- frastructure when sharing intelligence with foreign governments and entities. Sec. 6308. Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack. Sec. 6309. Elimination of sunset of authority relating to management of supply- chain risk. Sec. 6310. Limitations on determinations regarding certain security classifications. Sec. 6311. Joint Intelligence Community Council. Sec. 6312. Intelligence community information technology environment. Sec. 6313. Report on development of secure mobile voice solution for intelligence community. Sec. 6314. Policy on minimum insider threat standards. Sec. 6315. Submission of intelligence community policies. Sec. 6316. Expansion of intelligence community recruitment efforts. TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A—Office of the Director of National Intelligence Sec. 6401. Authority for protection of current and former employees of the Office of the Director of National Intelligence. Sec. 6402. Designation of the program manager-information-sharing environment. Sec. 6403. Technical modification to the executive schedule. Sec. 6404. Chief Financial Officer of the Intelligence Community. Sec. 6405. Chief Information Officer of the Intelligence Community. Subtitle B—Central Intelligence Agency Sec. 6411. Central Intelligence Agency subsistence for personnel assigned to aus- tere locations. Sec. 6412. Special rules for certain monthly workers’ compensation payments and other payments for Central Intelligence Agency personnel. Sec. 6413. Expansion of security protective service jurisdiction of the Central Intel- ligence Agency. Sec. 6414. 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. 6421. Consolidation of Department of Energy Offices of Intelligence and Coun- terintelligence. S. 1790—31 Sec. 6422. Repeal of Department of Energy Intelligence Executive Committee and budget reporting requirement. Subtitle D—Other Elements Sec. 6431. Plan for designation of counterintelligence component of Defense Secu- rity Service as an element of intelligence community. Sec. 6432. Notice not required for private entities. Sec. 6433. Establishment of advisory board for National Reconnaissance Office. Sec. 6434. Collocation of certain Department of Homeland Security personnel at field locations. TITLE LXV—ELECTION MATTERS Sec. 6501. Report on cyber attacks by foreign governments against United States election infrastructure. Sec. 6502. Review of intelligence community’s posture to collect against and ana- lyze Russian efforts to influence the Presidential election. Sec. 6503. Assessment of foreign intelligence threats to Federal elections. Sec. 6504. Strategy for countering Russian cyber threats to United States elections. Sec. 6505. Assessment of significant Russian influence campaigns directed at for- eign elections and referenda. Sec. 6506. Information sharing with State election officials. Sec. 6507. Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices. Sec. 6508. Designation of counterintelligence officer to lead election security mat- ters. TITLE LXVI—SECURITY CLEARANCES Sec. 6601. Definitions. Sec. 6602. Reports and plans relating to security clearances and background inves- tigations. Sec. 6603. Improving the process for security clearances. Sec. 6604. Goals for promptness of determinations regarding security clearances. Sec. 6605. Security Executive Agent. Sec. 6606. Report on unified, simplified, Governmentwide standards for positions of trust and security clearances. Sec. 6607. Report on clearance in person concept. Sec. 6608. Reports on reciprocity for security clearances inside of departments and agencies. Sec. 6609. Intelligence community reports on security clearances. Sec. 6610. Periodic report on positions in the intelligence community that can be conducted without access to classified information, networks, or facili- ties. Sec. 6611. Information-sharing program for positions of trust and security clear- ances. Sec. 6612. Report on protections for confidentiality of whistleblower-related commu- nications. Sec. 6613. Reports on costs of security clearance background investigations. TITLE LXVII—REPORTS AND OTHER MATTERS Subtitle A—Matters Relating to Russia and Other Foreign Powers Sec. 6701. Limitation relating to establishment or support of cybersecurity unit with the Russian Federation. Sec. 6702. Assessment of threat finance relating to Russia. Sec. 6703. Notification of an active measures campaign. Sec. 6704. Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States. Sec. 6705. Report and annual briefing on Iranian expenditures supporting foreign military and terrorist activities. Sec. 6706. Expansion of scope of committee to counter active measures. Subtitle B—Reports Sec. 6711. Technical correction to Inspector General study. Sec. 6712. Reports on authorities of the Chief Intelligence Officer of the Depart- ment of Homeland Security. Sec. 6713. Review of intelligence community whistleblower matters. Sec. 6714. Report on role of Director of National Intelligence with respect to certain foreign investments. Sec. 6715. Report on surveillance by foreign governments against United States telecommunications networks. Sec. 6716. Biennial report on foreign investment risks. S. 1790—32 Sec. 6717. Modification of certain reporting requirement on travel of foreign dip- lomats. Sec. 6718. Semiannual reports on investigations of unauthorized disclosures of clas- sified information. Sec. 6719. Congressional notification of designation of covered intelligence officer as persona non grata. Sec. 6720. Reports on intelligence community participation in vulnerabilities equi- ties process of Federal Government. Sec. 6721. Inspectors General reports on classification. Sec. 6722. Reports and briefings on national security effects of global water insecu- rity and emerging infectious disease and pandemics. Sec. 6723. Annual report on memoranda of understanding between elements of in- telligence community and other entities of the United States Govern- ment regarding significant operational activities or policy. Sec. 6724. Study on the feasibility of encrypting unclassified wireline and wireless telephone calls. Sec. 6725. Reports on intelligence community loan repayment and related pro- grams. Sec. 6726. Repeal of certain reporting requirements. Sec. 6727. Inspector General of the Intelligence Community report on senior execu- tives of the Office of the Director of National Intelligence. Sec. 6728. Briefing on Federal Bureau of Investigation offering permanent resi- dence to sources and cooperators. Sec. 6729. Intelligence assessment of North Korea revenue sources. Sec. 6730. Report on possible exploitation of virtual currencies by terrorist actors. Subtitle C—Other Matters Sec. 6741. Public Interest Declassification Board. Sec. 6742. Technical and clerical amendments to the National Security Act of 1947. Sec. 6743. Bug bounty programs. Sec. 6744. Technical amendments related to the Department of Energy. Sec. 6745. Sense of Congress on notification of certain disclosures of classified in- formation. Sec. 6746. Sense of Congress on consideration of espionage activities when consid- ering whether or not to provide visas to foreign individuals to be accred- ited to a United Nations mission in the United States. Sec. 6747. Sense of Congress on WikiLeaks. DIVISION F—OTHER MATTERS TITLE LXXI—SANCTIONS WITH RESPECT TO NORTH KOREA Sec. 7101. Short title. Subtitle A—Sanctions With Respect to North Korea Sec. 7111. Sense of Congress. Sec. 7112. Definitions. PART I—EXPANSION OF SANCTIONS AND RELATED MATTERS Sec. 7121. Sanctions with respect to foreign financial institutions that provide fi- nancial services to certain sanctioned persons. Sec. 7122. Mandatory designations under North Korea Sanctions and Policy En- hancement Act of 2016. Sec. 7123. Extension of applicability period of proliferation prevention sanctions. Sec. 7124. Opposition to assistance by the international financial institutions. Sec. 7125. Support for capacity of the International Monetary Fund to prevent money laundering and financing of terrorism. Sec. 7126. Report and briefings on compliance, penalties, and technical assistance. Sec. 7127. Sense of Congress on identification and blocking of property of North Ko- rean officials. Sec. 7128. Modification of report on implementation of United Nations Security Council resolutions by other governments. Sec. 7129. 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. 7131. Notification of termination or suspension of sanctions. Sec. 7132. Reports on certain licensing actions. Sec. 7133. Report and briefings on financial networks and financial methods of the Government of North Korea. Sec. 7134. Report on countries of concern with respect to transshipment, reexpor- tation, or diversion of certain items to North Korea. S. 1790—33 PART III—GENERAL MATTERS Sec. 7141. Rulemaking. Sec. 7142. Authority to consolidate reports. Sec. 7143. Waivers, exemptions, and termination. Sec. 7144. Procedures for review of classified and certain other information. Sec. 7145. Briefing on resourcing of sanctions programs. Sec. 7146. Briefing on proliferation financing. Sec. 7147. Exception relating to importation of goods. Subtitle B—Financial Industry Guidance to Halt Trafficking Sec. 7151. Short title. Sec. 7152. Sense of Congress. Sec. 7153. Coordination of human trafficking issues by the Office of Terrorism and Financial Intelligence. Sec. 7154. Strengthening the role of anti-money laundering and other financial tools in combating human trafficking. Sec. 7155. Sense of Congress on resources to combat human trafficking. TITLE LXXII—SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT SYNTHETIC OPIOIDS Sec. 7201. Short title. Sec. 7202. Sense of Congress. Sec. 7203. Definitions. Subtitle A—Sanctions With Respect to Foreign Opioid Traffickers Sec. 7211. Identification of foreign opioid traffickers. Sec. 7212. Imposition of sanctions. Sec. 7213. Description of sanctions. Sec. 7214. Waivers. Sec. 7215. Procedures for judicial review of classified information. Sec. 7216. Briefings on implementation. Sec. 7217. Inclusion of additional material in International Narcotics Control Strat- egy Report. Subtitle B—Commission on Combating Synthetic Opioid Trafficking Sec. 7221. Commission on combating synthetic opioid trafficking. Subtitle C—Other Matters Sec. 7231. Director of National Intelligence program on use of intelligence re- sources in efforts to sanction foreign opioid traffickers. Sec. 7232. Authorization of appropriations. Sec. 7233. Regulatory authority. Sec. 7234. Termination. Sec. 7235. Exception relating to importation of goods. TITLE LXXIII—PFAS Sec. 7301. Short title. Sec. 7302. Definition of Administrator. Subtitle A—Drinking Water Sec. 7311. Monitoring and detection. Sec. 7312. Drinking water state revolving funds. Subtitle B—PFAS Release Disclosure Sec. 7321. Additions to toxics release inventory. Subtitle C—USGS Performance Standard Sec. 7331. Definitions. Sec. 7332. Performance standard for the detection of highly fluorinated compounds. Sec. 7333. Nationwide sampling. Sec. 7334. Data usage. Sec. 7335. Collaboration. Subtitle D—Emerging Contaminants Sec. 7341. Definitions. Sec. 7342. Research and coordination plan for enhanced response on emerging con- taminants. Subtitle E—Toxic Substances Control Act Sec. 7351. PFAS data call. S. 1790—34 Sec. 7352. Significant new use rule for long-chain PFAS. Subtitle F—Other Matters Sec. 7361. PFAS destruction and disposal guidance. Sec. 7362. PFAS research and development. TITLE LXXIV—CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019 Sec. 7401. Short title. Sec. 7402. Statement of policy. Subtitle A—Additional Actions in Connection With the National Emergency With Respect to Syria Sec. 7411. Measures with respect to Central Bank of Syria. Sec. 7412. Sanctions with respect to foreign persons that engage in certain trans- actions. Sec. 7413. Strategy relating to areas of Syria in which civilians are subject to forced displacement. Subtitle B—Assistance for the People of Syria Sec. 7421. Sense of Congress. Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance programs in Syria and to the Syrian people. Sec. 7423. Assessment of potential methods to enhance the protection of civilians. Sec. 7424. Assistance to support entities taking actions relating to gathering evi- dence for investigations into war crimes or crimes against humanity in Syria since March 2011. Sec. 7425. Codification of certain services in support of nongovernmental organiza- tions’ activities authorized. Sec. 7426. Briefing on strategy to facilitate humanitarian assistance. Subtitle C—General Provisions Sec. 7431. Suspension of sanctions. Sec. 7432. Waivers and exemptions. Sec. 7433. Implementation and regulatory authorities. Sec. 7434. Exception relating to importation of goods. Sec. 7435. Cost limitation. Sec. 7436. Rule of construction. Sec. 7437. Prohibition on construction of provisions of this title as an authorization for use of military force. Sec. 7438. Sunset. TITLE LXXV—PROTECTING EUROPE’S ENERGY SECURITY Sec. 7501. Short title. Sec. 7502. Sense of Congress. Sec. 7503. Imposition of sanctions with respect to provision of certain vessels for the construction of certain Russian energy export pipelines. TITLE LXXVI—OTHER MATTERS Subtitle A—Federal Employee Paid Leave Act Sec. 7601. Short title. Sec. 7602. Paid parental leave under title 5. Sec. 7603. Paid parental leave for congressional employees. Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO and Library of Congress employees. Sec. 7605. Clarification for members of the National Guard and Reserves. Sec. 7606. Conforming amendment for certain TSA employees. Subtitle B—Other Matters Sec. 7611. Liberian refugee immigration fairness. Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma. Sec. 7613. Limitation on certain rolling stock procurements; cybersecurity certifi- cation for rail rolling stock and operations. 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. S. 1790—35 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. Subtitle B—Army Programs Sec. 111. Authority of the Secretary of the Army to waive certain limitations re- lated to the Distributed Common Ground System-Army Increment 1. Subtitle C—Navy Programs Sec. 121. Ford-class aircraft carrier cost limitation baselines. Sec. 122. Modification of annual report on cost targets for certain aircraft carriers. Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S. Harry S. Truman. Sec. 124. Ford class aircraft carrier support for F–35C aircraft. Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force struc- ture. Sec. 126. Modification of prohibition on availability of funds for Navy waterborne security barriers. Sec. 127. LHA Replacement Amphibious Assault Ship Program. Sec. 128. Strategic sealift fleet vessel. Sec. 129. Design and construction of amphibious transport dock designated LPD– 31. Sec. 130. Limitation on availability of funds for the Littoral Combat Ship. Sec. 131. Limitation on the next new class of Navy large surface combatants. Sec. 132. Limitation on availability of funds pending quarterly updates on the CH– 53K King Stallion helicopter program. Sec. 133. Limitation on availability of funds for VH–92A helicopter. Sec. 134. Report on carrier wing and aviation combat element composition. Subtitle D—Air Force Programs Sec. 141. Modification of requirement to preserve certain C–5 aircraft. Sec. 142. OC–135B aircraft recapitalization program. Sec. 143. Requirement to align Air Force aviation force structure with National De- fense Strategy. Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mis- sion aircraft inventory. Sec. 145. Limitation on availability of funds for F–15EX aircraft. Sec. 146. Limitation on availability of funds for VC–25B aircraft. Sec. 147. Limitation on availability of funds for RC–26B aircraft. Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft. Sec. 149. Air Force aggressor squadron modernization. Sec. 150. Air Force plan for Combat Rescue Helicopter fielding. Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER missiles. Sec. 152. Report on aircraft fleet of the Civil Air Patrol. Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F– 35 aircraft program. S. 1790—36 Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts for the F–35 aircraft program. Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A air- craft to the United States. Sec. 164. Requirement to establish the use of an Agile DevOps software develop- ment solution as an alternative for Joint Strike Fighter Autonomic Lo- gistics Information System. Sec. 165. F–35 sustainment cost. Sec. 166. Reports on the progress and performance of the F–35 aircraft program. Sec. 167. Other reports on the F–35 aircraft program. Sec. 168. Limitation on availability of funds for communications systems lacking certain resiliency features. Sec. 169. Repeal of tactical unmanned vehicle common data link requirement. 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. 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. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASE- LINES. (a) IN GENERAL.—Chapter 863 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 8692. Ford-class aircraft carriers: cost limitation baselines ‘‘(a) LIMITATION.—The total amounts obligated or expended from funds authorized to be appropriated or otherwise made avail- able for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers: ‘‘(1) $13,224,000,000 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) EXCLUSION OF BATTLE AND INTERIM SPARES FROM COST LIMITATION.—The Secretary of the Navy shall exclude from the S. 1790—37 determination of the amounts set forth in subsection (a) the costs of the following items: ‘‘(1) CVN–78 class battle spares. ‘‘(2) Interim spares. ‘‘(3) Increases attributable to economic inflation after December 1, 2018, not otherwise included in the amounts listed in subsection (a). ‘‘(c) WRITTEN NOTICE AND BRIEFING ON CHANGE IN AMOUNT.— The Secretary of the Navy may adjust an amount listed in sub- section (a) not fewer than 15 days after submitting written notice and providing a briefing to the congressional defense committees, each of which shall include the amount and rationale of any change and the resulting amount after such change.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 863 of such title is amended by inserting after the item relating to section 8691 the following new item: ‘‘8692. Ford-class aircraft carriers: 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. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR CERTAIN AIRCRAFT CARRIERS. Section 126(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended— (1) in the subsection heading, by striking ‘‘AND CVN–80’’ and inserting ‘‘, CVN–80, AND CVN–81’’; (2) in paragraph (1)— (A) by striking ‘‘2021’’ and inserting ‘‘2032’’; and (B) by striking ‘‘costs described in subsection (b) for the CVN–79 and CVN–80’’ and inserting ‘‘cost targets for the CVN–79, the CVN–80, and the CVN–81’’; and (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking ‘‘ and the CVN–80’’ and inserting ‘‘, the CVN– 80, and the CVN–81’’ (B) in subparagraph (A), by striking ‘‘costs described in subsection (b)’’ and inserting ‘‘cost targets’’; (C) in subparagraph (F), by striking ‘‘costs specified in subsection (b)’’ and inserting ‘‘cost targets’’; and (D) in subparagraph (G), by striking ‘‘costs specified in subsection (b)’’ and inserting ‘‘cost targets’’. SEC. 123. 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 con- tract 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. S. 1790—38 (c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—Any con- tract entered into under subsection (a) shall provide that any obliga- tion 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. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F–35C AIR- CRAFT. Before completing the post-shakedown availability of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft. SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIR- CRAFT CARRIER FORCE STRUCTURE. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to reduce the number of operational aircraft carriers of the Navy below the number speci- fied in section 8062(b) of title 10, United States Code. SEC. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY WATERBORNE SECURITY BARRIERS. Section 130 of the John S. McCain National Defense Authoriza- tion 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’’; (2) in subsection (c)(1), by inserting ‘‘of not more than 30 percent’’ after ‘‘replacement’’; and (3) 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 main- tained until new waterborne security barriers are procured and installed.’’. SEC. 127. 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 appropria- tions for that purpose for such subsequent fiscal year. S. 1790—39 (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. 128. STRATEGIC SEALIFT FLEET VESSEL. (a) IN GENERAL.—Subject to the availability of appropriations, the Secretary of the Navy shall seek to enter into a contract for the construction of one sealift vessel. (b) DELIVERY DATE.—The contract entered into under sub- section (a) shall specify a delivery date for the sealift vessel of not later than September 30, 2026. (c) DESIGN AND CONSTRUCTION REQUIREMENTS.— (1) USE OF EXISTING DESIGN.—The design of the sealift vessel shall be based on a domestic or foreign design that exists as of the date of the enactment of this Act. (2) COMMERCIAL STANDARDS AND PRACTICES.—Subject to paragraph (1), the sealift vessel may be constructed using commercial design standards and commercial construction prac- tices that are consistent with the best interests of the Federal Government. (3) DOMESTIC SHIPYARD.—The sealift vessel shall be con- structed in a shipyard that is located in the United States. (d) CERTIFICATE AND ENDORSEMENT.—The sealift vessel shall meet the requirements necessary to receive a certificate of docu- mentation and a coastwise endorsement under chapter 121 of tile 46, United States Code, and the Secretary of the Navy shall ensure that the completed vessel receives such a certificate and endorse- ment. (e) EXECUTIVE AGENT.— (1) IN GENERAL.—The Secretary of the Navy may seek to enter into a contract or other agreement with a private- sector entity under which the entity may act as executive agent for the Secretary for purposes of the contract under subsection (a). (2) RESPONSIBILITIES.—The executive agent described in paragraph (1) may be responsible for— (A) selecting a shipyard for the construction of the sealift vessel; (B) managing and overseeing the construction of the sealift vessel; and (C) such other matters as the Secretary of the Navy determines to be appropriate (f) USE OF INCREMENTAL FUNDING.—With respect to the con- tract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. (g) SEALIFT VESSEL DEFINED.—In this section, the term ‘‘sealift vessel’’ means the sealift vessel constructed pursuant to the contract entered into under subsection (a). SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK DESIGNATED LPD–31. (a) IN GENERAL.—Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, begin- ning with the fiscal year 2020 program year, for the design and construction of the amphibious transport dock designated LPD– 31. S. 1790—40 (b) USE OF INCREMENTAL FUNDING.—With respect to the con- tract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract. (c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The con- tract entered into under subsection (a) shall provide that any obliga- tion of the United States to make a payment under such contract for any fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for such later fiscal year. SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL COMBAT SHIP. (a) LIMITATIONS.—None of the funds authorized to be appro- priated 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 Lit- toral Combat Ships, 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 sub- section 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 produc- tion 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. SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SUR- FACE 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 develop- ment 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 1034 of this Act, in their final form, fit, and function and in a realistic environment, which shall include a land-based engineering site for the propulsion system. (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 congres- sional defense committees, in writing, of the actions taken to comply with the requirements under subsection (a). (c) DEFINITIONS.—In this section: S. 1790—41 (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 offi- cial 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 sur- face ships that are designed primarily to engage in attacks against airborne, surface, subsurface, and shore targets, excluding frigates and littoral combat ships. SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS PENDING QUAR- TERLY UPDATES ON THE CH–53K KING STALLION HELI- COPTER PROGRAM. (a) LIMITATION.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for aircraft procurement, Navy, for the CH–53K King Stallion heli- copter program, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Navy provides the first briefing required under subsection (b). (b) QUARTERLY BRIEFINGS REQUIRED.— (1) IN GENERAL.—Beginning not later than 30 days after the date of the enactment of this Act, and on a quarterly basis thereafter through the end of fiscal year 2022, the Sec- retary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program. (2) ELEMENTS.—Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following: (A) An overview of the program schedule. (B) A statement of the total cost of the program as of the date of the briefing, including the costs of develop- ment, testing, and production. (C) A comparison of the total cost of the program relative to the approved acquisition program baseline. (D) An assessment of flight testing under the program, including identification of the number of test events that have been conducted on-time in accordance with the joint integrated program schedule. (E) An update on the correction of technical deficiencies under the program, including— (i) identification of the technical deficiencies that have been corrected as of the date of the briefing; (ii) identification of the technical deficiencies that have been discovered, but not corrected, as of such date; (iii) an estimate of the total cost of correcting tech- nical deficiencies under the program; and (iv) an explanation of any significant deviations from the testing and program schedule that are antici- pated due to the discovery and correction of technical deficiencies. S. 1790—42 SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH–92A HELI- COPTER. (a) LIMITATION.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for procurement for the VH–92A helicopter, not more than 80 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committees on Armed Services of the Senate and the House of Representatives the report required under subsection (b). (b) REPORT REQUIRED.—The Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of— (1) estimated effects on the manufacturing readiness level of the VH–92 program due to potential changes to the program manufacturing base; (2) the estimated costs and assessment of cost risk to the program due to potential changes to the program manufac- turing base; (3) any estimated schedule impacts, including impacts on delivery dates for the remaining low-rate initial production lots and full rate production, resulting from any changes to the manufacturing base; (4) an assessment of the effect of changes to the manufac- turing base on VH–92A sustainment; and (5) the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy. SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELE- MENT 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 (CVW) on aircraft carriers and aviation combat element (ACE) embarked on amphibious ships in 2030 and 2040, including alternative force design concepts. (b) ELEMENTS.—The report required under subsection (a) shall include the following elements for the CVW and ACE: (1) Analysis and justification for the Department of 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 aircraft for 2040. (3) A plan for incorporating unmanned aerial vehicles and associated communication capabilities to effectively implement the future force design. (4) Analysis of the support equipment requirement for each aircraft type and the space needed to accommodate such equip- ment. (5) A description of existing and potential ship designs or design changes that would enable greater commonality and interoperability of embarked naval aircraft, including aircraft arresting gear and launch catapults. S. 1790—43 (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. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C–5 AIRCRAFT. Section 141(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended— (1) in paragraph (1), by striking ‘‘until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees’’ and inserting ‘‘until the date that is 30 days after the date on which the final report and briefing required under section 1712(c)(2) of the National Defense Authorization Act for Fiscal Year 2020 have each been provided to the congressional defense committees’’; and (2) in paragraph (2)(A), by striking ‘‘can be returned to service’’ and inserting ‘‘is inducted into or maintained in type 1000 recallable storage’’. SEC. 142. OC–135B AIRCRAFT RECAPITALIZATION PROGRAM. The Secretary of the Air Force shall ensure that any request for proposals for the procurement of an OC–135B aircraft under a recapitalization program for such aircraft meets the requirements for full and open competition as set forth in section 2304 of title 10, United States Code, and includes, as part of such request for proposals, consideration of proposals for the provision of new production aircraft and recently manufactured aircraft. SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE STRUCTURE WITH NATIONAL DEFENSE STRATEGY. (a) REQUIRED SUBMISSION OF STRATEGY.—Not later than March 1, 2020, the Secretary of the Air Force shall submit to the congres- sional defense committees an aviation force structure acquisition strategy that aligns with the stated capability and capacity require- ments of the Department of the Air Force 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 from the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff; and (2) the Secretary of Defense provides the congressional defense committees with the waiver approval documentation. SEC. 144. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION IN KC–10 PRIMARY MISSION AIRCRAFT INVENTORY. None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to reduce the number of KC–10 aircraft in the primary mission aircraft inventory of the Air Force. S. 1790—44 SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F–15EX AIR- CRAFT. (a) LIMITATION.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obli- gated or expended to procure any F–15EX aircraft, other than the first two prototypes of such aircraft, until a period of 15 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees a report on the following topics relating to the F–15EX program: (1) Acquisition strategy. (2) Cost and schedule estimates. (3) Test and evaluation strategy. (4) Logistics strategy. (5) Post-production fielding strategy. (b) EXCEPTION FOR LONG-LEAD ITEMS.— (1) IN GENERAL.—Notwithstanding subsection (a), the Sec- retary of the Air Force may use the funds described in para- graph (2) to procure long-lead items for up to six additional F–15EX aircraft beyond the first two prototypes of such aircraft. (2) FUNDS DESCRIBED.—The funds described in this para- graph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following: (A) Research and development, nonrecurring engineering. (B) Aircraft procurement. (c) 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 21, United States Code). SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–25B AIR- CRAFT. (a) LIMITATION.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over and above work on the VC–25B aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force notifies the congressional defense committees of the intent of the Secretary to authorize such work. (b) EXCEPTION.—The limitation under subsection (a) shall not apply to over and above work carried out— (1) to repair or replace items damaged during the testing of the VC–25B aircraft; or (2) to make changes necessary to meet operational require- ments. (c) DEFINITIONS.—In this section: (1) The term ‘‘operational requirements’’ means any of the operational requirements for the VC–25B aircraft described in the capability development document or the system require- ments document for the Presidential Aircraft Recapitalization Program. S. 1790—45 (2) The term ‘‘over and above work’’ means work performed pursuant to line 0012 (CLIN 0012) of the contract for Presi- dential Aircraft Recapitalization entered into between the Department of the Air Force and the Boeing Company (contract number FA8625–16–C–6599). SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC–26B AIR- CRAFT. (a) LIMITATION.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obli- gated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or backup inventory status, any RC– 26B aircraft until the date on which the Secretary of the Air Force submits to the congressional defense committees— (1) the report required under subsection (c); and (2) the certification required under subsection (d). (b) EXCEPTION.—The limitation in subsection (a) shall not apply to individual RC–26B aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage. (c) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) A survey of any requirements for the Air Force to provide intelligence, surveillance, and reconnaissance support to other military forces and civil authorities that the Air Force and the Air National Guard meet using the RC–26B aircraft. (2) An assessment of the extent to which such requirements are appropriate for the Air Force to fulfill. (3) The manner in which the Secretary would meet such requirements if the RC–26B aircraft were to be retired. (4) A comparison of costs and effectiveness of alternative means of providing intelligence, surveillance, and reconnais- sance support to other military forces and civil authorities. (5) An assessment of the utility of entering into one or more memoranda of agreement with other military forces and civil authorities to govern the process for providing intelligence, surveillance, and reconnaissance support to those forces and authorities. (d) CERTIFICATION REQUIRED.—Not later than 60 days after the date on which the Secretary of the Air Force submits the report required under subsection (c), the Secretary shall certify to the congressional defense committees— (1) whether there are requirements for the Air Force to provide intelligence, surveillance, and reconnaissance support to other military forces and civil authorities that the Air Force meets using the RC–26B aircraft; and (2) whether the Secretary has identified methods of meeting such requirements that are more effective and more efficient than meeting such requirements through the use of the RC– 26B aircraft. S. 1790—46 SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC–135 AIRCRAFT. (a) LIMITATION.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obli- gated or expended to retire, or prepare to retire, any RC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that— (1) technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and (2) the capacity and capabilities of such other technologies meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the oper- ational environment, and direct support for kinetic and non- kinetic operations. (b) EXCEPTION.—The limitation in subsection (a) shall not apply to individual RC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair. SEC. 149. 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 comprehen- sive 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 nec- essary to meet flying operations requirements; (ii) have sufficient capacity and availability of range space; (iii) are capable of hosting advanced-threat training exercises; and (iv) meet or require minimal addition to the environmental requirements associated with the basing action. (B) An analysis of the potential cost and benefits of expanding aggressor squadrons currently operating 18 Pri- mary Assigned Aircraft (PAA) to a level of 24 PAA each. S. 1790—47 (C) An analysis of the cost and timelines associated with modernizing the current Air Force aggressor squad- rons 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. 150. 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 rec- ommended 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 compo- nent 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 compo- nent 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 S. 1790—48 training through the 150th Special Operations Wing at Kirtland Air Force Base. (C) The number of personnel required to continue pro- viding 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. 151. 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. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL. (a) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the aircraft fleet of the Civil Air Patrol. (b) ELEMENTS.—The report required by subsection (a) shall include an assessment of each of the following: (1) Whether the number of aircraft, types of aircraft, and operating locations that comprise the Civil Air Patrol fleet are suitable for the missions and responsibilities assigned to the Civil Air Patrol, including— (A) flight proficiency and training; (B) operational mission training; and (C) support for cadet orientation and cadet flight training programs in the Civil Air Patrol wing of each State. (2) The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size. S. 1790—49 (3) The process used by the Civil Air Patrol and the Air Force to determine the number and location of aircraft oper- ating locations and whether State Civil Air Patrol wing com- manders are appropriately involved in that process. (4) The process used by the Civil Air Patrol, the Air Force, and other relevant entities to determine the type and number of aircraft that are needed to support the emergency, oper- ational, and training missions of the Civil Air Patrol. SEC. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT INITIATIVE OF THE AIR FORCE. It is the sense of the Congress that— (1) The United States Special Operations Command has a mission requirement to support foreign internal defense training and a light attack aircraft platform could potentially facilitate meeting that requirement. (2) The Secretary of the Air Force should coordinate with the Commander of the United States Special Operations Com- mand to assess how general purpose forces and special oper- ations forces can leverage the light attack aircraft phase three experimentation activities of the Air Force. (3) The Secretary of the Air Force, in coordination with the Commander of the United States Special Operations Com- mand, should explore options for coordinating light attack air- craft experiment activities between general purpose forces and special operations forces to maximize efficiency and effective- ness and to further the mission requirements of both forces, including options to transfer a portion of funds authorized for Air Force light attack aircraft experiments to procure air- craft for supporting the combat air advisor mission of the Special Operations Command. Subtitle E—Defense-wide, Joint, and Multiservice Matters SEC. 161. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO- BUDGET ACQUISITION FOR F–35 AIRCRAFT PROGRAM. (a) ECONOMIC ORDER QUANTITY CONTRACT AUTHORITY.— (1) IN GENERAL.—Subject to paragraphs (2) through (4), from amounts made available for obligation under the F–35 aircraft program, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of mate- rial and equipment that has completed formal hardware quali- fication testing for the F–35 aircraft program for use in procure- ment contracts to be awarded for such program during fiscal years 2021, 2022, and 2023. (2) LIMITATION.—The total amount obligated under all con- tracts entered into under paragraph (1) shall not exceed $574,000,000. (3) PRELIMINARY FINDINGS.—Before entering into a contract under paragraph (1), the Secretary of Defense shall make each of the following findings with respect to such contract: (A) The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts. S. 1790—50 (B) The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities. (C) There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation. (D) That there is a stable, certified, and qualified design for the property to be procured and that the tech- nical risks and redesign risks associated with such property are low. (E) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic. (F) Entering into the contract will promote the national security interests of the United States. (4) CERTIFICATION REQUIREMENT.—The Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied: (A) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic. (B) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program with- out cancellation. (C) The contract is a fixed-price type contract. (D) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities. (E) The Secretary has determined that each of the conditions described in subparagraphs (A) through (F) of paragraph (3) will be met by such contract and has provided the basis for such determination to the congressional defense committees. (b) BUY-TO-BUDGET ACQUISITION.—Subject to section 2308 of title 10, United States Code, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act. SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER READY-FOR-ISSUE SPARE PARTS FOR THE F–35 AIRCRAFT PROGRAM. (a) REQUIREMENT TO SEEK RELIEF.—Consistent with the findings and recommendations of the Inspector General of the Department of Defense in the report titled ‘‘Audit of F–35 Ready- For-Issue Spare Parts and Sustainment Performance Incentive S. 1790—51 Fees’’ (DODIG–2019–094) and dated June 13, 2019, the Secretary of Defense shall seek relief, as described in subsection (b), from prime contractors that delivered noncompliant ready-for-issue spare parts pursuant a contract under the F–35 aircraft program. (b) RELIEF DESCRIBED.—The relief sought by the Secretary of Defense under subsection (a) may include the following: (1) Specific performance. (2) Compensation for costs incurred by the Department of Defense as a result of the contractor’s failure to deliver compliant ready-for-issue spare parts under the contract. (3) Any other form of remediation or compensation the Secretary determines to be appropriate. (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed— (1) to alter the terms of a contract under the F–35 aircraft program; or (2) to authorize the Secretary of Defense to seek forms of relief beyond those otherwise available under law. SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR REALLOCA- TION OF TURKISH F–35A AIRCRAFT TO THE UNITED STATES. (a) LIMITATION.—None of the funds authorized to be appro- priated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure a covered F–35A aircraft for the United States Air Force until a period of 15 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense commit- tees that— (1) ancillary mission equipment, initial spare parts and materials, technical data, and publications will be procured for each covered F–35A aircraft delivered to the Air Force; and (2) each such aircraft will be delivered to the Air Force in a common configuration that may be operated and integrated within the fleet of F–35A aircraft of the Air Force. (b) COVERED F–35A AIRCRAFT DEFINED.—In this section, the term ‘‘covered F–35A aircraft’’ means an F–35A aircraft previously procured by or on behalf of the Government of the Republic of Turkey in F–35 production lot 12, 13, or 14. SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS SOFTWARE DEVELOPMENT SOLUTION AS AN ALTER- NATIVE FOR JOINT STRIKE FIGHTER AUTONOMIC LOGIS- TICS INFORMATION SYSTEM. (a) COMPETITIVE ANALYSIS.—The Secretary of Defense shall conduct a competitive analysis of the performance and design architecture enhancement efforts between the currently fielded Autonomic logistics Information System, Autonomic Logistics Information System–Next, and the Department of the Air Force Agile Development Operations Madhatter initiative efforts, including system technology transition opportunities and timelines. (c) BRIEFING.—Not later than September 30, 2020, the Sec- retary of Defense shall provide the congressional defense committees a briefing on the findings of the competitive analysis carried out under subsection (a). S. 1790—52 SEC. 165. F–35 SUSTAINMENT COST. (a) QUARTERLY UPDATE.—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 standard- ized set of criteria; and (2) an evaluation and metrics 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 and implement a plan for achieving significant reductions in the costs to operate, maintain, and sustain the F–35 system. (2) ELEMENTS.—The plan required under paragraph (1) shall include the following elements: (A) Specific changes in the management and execution of operation and support (O&S) cost elements to engender continuous and measurable process improvements. (B) Specific actions the Department will implement in the near, mid, and long terms to reduce O&S costs. (C) Firm and achievable 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 developed pursuant to paragraph (1). SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE F–35 AIRCRAFT PROGRAM. (a) F-35 BLOCK 4 AND CONTINUOUS CAPABILITY DEVELOPMENT AND DELIVERY PROGRAM.—The Secretary of Defense shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114– 328; 130 Stat. 2059) an integrated master schedule and past performance assessment for each planned phase of the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. (b) COMPTROLLER GENERAL REPORTS.— (1) ANNUAL REPORT REQUIRED.—Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comp- troller General of the United States shall submit to the congres- sional defense committees a report on the F–35 aircraft pro- gram. (2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the fol- lowing: (A) An assessment of the progress of manufacturing processes improvement under the program. (B) The progress and results of the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program and other follow-on modernization development and testing efforts. S. 1790—53 (C) An assessment of the Department’s schedule for delivering software upgrades in six-month, scheduled incre- ments. (D) The progress and results of any other significant hardware development and fielding efforts necessary for the F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. (E) Any other issues the Comptroller General deter- mines to be appropriate. (c) F–35 BLOCK 4 DEFINED.—In this section, the term ‘‘F– 35 Block 4 Upgrade and Continuous Capability Development and Delivery Program’’ means Block 4 capability upgrades for the F– 35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code. SEC. 167. OTHER REPORTS ON THE F–35 AIRCRAFT PROGRAM. (a) REPORT ON F–35 RELIABILITY AND MAINTAINABILITY METRICS.—The Secretary of Defense shall submit to the congres- sional defense committees a report on the reliability and maintain- ability metrics for the F–35 aircraft. The report shall include the following: (1) The results of a review and assessment, conducted by the program office for the F–35 aircraft program, of the reliability and maintainability metrics for the aircraft as set forth in the most recent operational requirements document for the program. (2) A determination of whether the reliability and maintain- ability metrics for the aircraft, as set forth in the most recent operational requirements document for the program, are fea- sible and attainable, and what changes, if any, will be made to update the metrics. (3) A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft— (A) to identify specific and measurable reliability and maintainability objectives in the improvement plan guid- ance; and (B) to identify and document which projects included in the improvement plan will achieve the objectives identi- fied under subparagraph (A). (b) REPORT ON F–35 BLOCK 4 UPGRADE AND CONTINUOUS CAPA- BILITY DEVELOPMENT AND DELIVERY PROGRAM.— (1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on the F– 35 Block 4 Upgrade and Continuous Capability Development and Delivery Program. The report shall include the following: (A) The results of the independent cost estimate for the Program conducted by the Director of Cost Assessment and Program Evaluation. (B) An approved test and evaluation master plan that addresses the adequacy of testing resources, testing aircraft shortfalls, and testing funding. (C) A review of the feasibility and schedule of the continuous capability development and delivery strategy for fielding technologies under the Program as conducted S. 1790—54 by the Under Secretary of Defense for Research and Engineering. (2) F–35 BLOCK 4 DEFINED.—In this subsection, the term ‘‘F–35 Block 4 Upgrade and Continuous Capability Development and Delivery Program’’ has the meaning given that term in section 166. (c) REPORT ON F–35 AUTONOMIC LOGISTICS INFORMATION SYSTEM.—The Secretary of Defense shall submit to the congres- sional defense committees a report on the autonomic logistics information system of the F–35 aircraft. The report shall include a description of each of the following: (1) All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act. (2) The strategy and performance requirements that will be implemented to improve the system. (3) The strategy, implementation plan, schedule, and esti- mated costs of developing and fielding— (A) the next generation of the system; or (B) future increments of the system. (d) F-35 LIFE-CYCLE COST ESTIMATES.— (1) JOINT COST ESTIMATE.—The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program. (2) INDEPENDENT COST ESTIMATE.—The Director of Cost Assessment and Program Evaluation shall develop an inde- pendent cost estimate for the life-cycle costs of the F–35 aircraft program. (e) DEADLINE FOR SUBMITTAL.—The reports required under sub- sections (a) through (d) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act. SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICA- TIONS SYSTEMS LACKING CERTAIN RESILIENCY FEA- TURES. (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 fiscal year 2020 for the Department of Defense may be obligated or expended for the procurement of a current or future Department of Defense communications program of record, and the Department may not otherwise procure a current or future communications program of record, unless the communications equipment— (1) mitigates geolocation of a transmission that would allow a like echelon enemy force to target the user; (2) securely communicates classified information in a con- tested communications environment that includes operationally representative jamming; (3) reduces, within two years of continued development and upgrades, electronic signature and susceptibility to geolocation by using low probability of intercept/detect (LPI/ LPD) waveforms, or other capability that would provide the same resiliency on the battlefield; and (4) utilizes a waveform that is either made available through the Department of Defense Waveform Information S. 1790—55 Repository, or is a commercial off the shelf (COTS) waveform available for government licensing with waveform analysis through the Joint Tactical Networking Center (JTNC) Tactical Communications Marketplace. (b) WAIVER.—The Secretary of a military department may waive the requirement under subsection (a) with respect to a communica- tions system upon certifying to the congressional defense commit- tees that the system’s intended use is not for contested environ- ments or will meet the requirement when operated as a component of an integrated network. SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK REQUIREMENT. (a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than February 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the status of the Common Data Link program and plans to meet new and emerging manned and unmanned intelligence, surveillance, and reconnaissance (ISR) vehicle secure and inter- operable communication requirements. (2) ELEMENTS.—The report required under paragraph (1) shall include the following elements: (A) A description of each Common Data Link (CDL) waveform in use and which platforms or systems utilize each CDL waveform. (B) A list of manned and unmanned ISR platforms or systems in development requiring networked, secure, low latency communications, and an assessment of the suitability of CDL to meet the requirements of each planned program. (C) A description of in-progress or planned technology development efforts to address networking requirements for manned and unmanned ISR systems operating in con- tested and denied environments. (b) REPEAL.—Section 157 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667) is hereby repealed. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 211. Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and math- ematics. Sec. 212. Updates to the Department of Defense personnel management authority to attract experts in science and engineering. Sec. 213. Establishment of joint reserve detachment of the Defense Innovation Unit. Sec. 214. Research and educational programs and activities for Historically Black Colleges and Universities and Minority-Serving Institutions of Higher Education. Sec. 215. Modification of authority for prizes for advanced technology achievements. Sec. 216. Joint hypersonics transition office. Sec. 217. Modification of proof of concept commercialization program. S. 1790—56 Sec. 218. Modification of authority and addition of technology areas for expedited access to technical talent. Sec. 219. Expansion of coordination in support of national security innovation and entrepreneurial education. Sec. 220. Modification of defense quantum information science and technology re- search and development program. Sec. 221. Understanding of investments in artificial intelligence and development of capabilities by adversaries. Sec. 222. Advisory role of JASON scientific advisory group. Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program. Sec. 224. Requiring defense microelectronics products and services meet trusted supply chain and operational security standards. Sec. 225. Development and acquisition strategy to procure secure, low probability of detection data link network capability. Sec. 226. Establishment of secure next-generation wireless network (5G) infrastruc- ture for the Nevada Test and Training Range and base infrastructure. Sec. 227. Administration of manufacturing innovation institutes funded by the De- partment of Defense. Sec. 228. Research program on foreign malign influence operations. Sec. 229. Diversification of the research and engineering workforce of the Depart- ment of Defense. Sec. 230. Policy on the talent management of digital expertise and software profes- sionals. Sec. 231. Digital engineering capability to automate testing and evaluation. Sec. 232. Process to align policy formulation and emerging technology development. Sec. 233. Improvement of the Strategic Capabilities Office of the Department of De- fense. Sec. 234. Pilot program on enhanced civics education. Sec. 235. Technology and national security fellowship. Sec. 236. Documentation relating to the Advanced Battle Management System. Sec. 237. Sensor data integration for fifth generation aircraft. Sec. 238. Sense of Congress on future vertical lift technologies. Sec. 239. Use of funds for Strategic Environmental Research Program, Environ- mental Security Technical Certification Program, and Operational En- ergy Capability Improvement. Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2 capability. Subtitle C—Plans, Reports, and Other Matters Sec. 251. Master plan for implementation of authorities relating to science and technology reinvention laboratories. Sec. 252. Infrastructure to support research, development, test, and evaluation mis- sions. Sec. 253. Energetics plan. Sec. 254. Strategy and implementation plan for fifth generation information and communications technologies. Sec. 255. Department-wide software science and technology strategy. Sec. 256. Artificial intelligence education strategy. Sec. 257. Cyber science and technology activities roadmap and reports. Sec. 258. Report on B–52 commercial engine replacement program. Sec. 259. Commercial edge computing technologies and best practices for Depart- ment of Defense warfighting systems. Sec. 260. Biannual report on the Joint Artificial Intelligence Center. Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program. Sec. 262. National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions. Sec. 263. Study on national security emerging biotechnologies for the Department of Defense. Sec. 264. Independent study on optimizing resources allocated to Combating Ter- rorism Technical Support Office. Sec. 265. Independent assessment of electronic warfare plans and programs. Sec. 266. Technical correction to Global Research Watch Program. S. 1790—57 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, develop- ment, test, and evaluation, as specified in the funding table in section 4201. Subtitle B—Program Requirements, Restrictions, and Limitations SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPEND- ENTS OF MEMBERS OF ARMED FORCES FOR CAREERS IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE- MATICS. (a) PROGRAM REQUIRED.—Chapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section: ‘‘§ 2192b. Program on enhancement of preparation of depend- ents of members of armed forces for careers in science, technology, engineering, and mathe- matics ‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry out a program to— ‘‘(1) enhance the preparation of students at covered schools for careers in science, technology, engineering, and mathe- matics; and ‘‘(2) provide assistance to teachers at covered schools to enhance preparation described in paragraph (1). ‘‘(b) COORDINATION.—In carrying out the program, the Secretary shall coordinate with the following: ‘‘(1) The Secretaries of the military departments. ‘‘(2) The Secretary of Education. ‘‘(3) The National Science Foundation. ‘‘(4) Other organizations as the Secretary of Defense con- siders appropriate. ‘‘(c) ACTIVITIES.—Activities under the program may include the following: ‘‘(1) Establishment of targeted internships and cooperative research opportunities at defense laboratories and other tech- nical centers for students and teachers at covered schools. ‘‘(2) Establishment of scholarships and fellowships for stu- dents at covered schools. ‘‘(3) Efforts and activities that improve the quality of science, technology, engineering, and mathematics educational and training opportunities for students and teachers at covered schools, including with respect to improving the development of curricula at covered schools. ‘‘(4) Development of travel opportunities, demonstrations, mentoring programs, and informal science education for stu- dents and teachers at covered schools. S. 1790—58 ‘‘(d) METRICS.—The Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of activities conducted under the program with respect to the needs of the Department of Defense. ‘‘(e) COVERED SCHOOLS DEFINED.—In this section, the term ‘covered schools’ means elementary or secondary schools at which the Secretary determines a significant number of dependents of members of the armed forces are enrolled.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 2192a the following new item: ‘‘2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics.’’. (c) CONFORMING REPEAL.—Section 233 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note) is repealed. SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING. (a) IN GENERAL.—Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(6) JOINT ARTIFICIAL INTELLIGENCE CENTER.—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in sub- section (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.’’. (b) SCOPE OF APPOINTMENT AUTHORITY.—Subsection (b)(1) of such section is amended— (1) in subparagraph (D), by striking ‘‘and’’ at the end; (2) in subparagraph (E), by adding ‘‘and’’ at the end; and (3) by adding at the end the following new subparagraph: ‘‘(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;’’. (c) EXTENSION OF TERMS OF APPOINTMENT.—Subsection (c)(2) of such section is amended by striking ‘‘or the Defense Innovation Unit Experimental’’ and inserting ‘‘the Defense Innovation Unit, or the Joint Artificial Intelligence Center’’. (d) UPDATE TO ORGANIZATIONAL NAME.—Such section is further amended— (1) in subsection (a)(5)— (A) in the subsection heading by striking ‘‘DIUX’’ and inserting ‘‘DIU’’; and (B) by striking ‘‘Experimental’’; and (2) in subsection (b)(1)(E), by striking ‘‘Experimental’’. SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE INNOVATION UNIT. (a) IN GENERAL.— (1) ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE INNOVATION UNIT.—Chapter 139 of title 10, United S. 1790—59 States Code, is amended by inserting after section 2358a the following new section: ‘‘§ 2358b. Joint reserve detachment of the Defense Innovation Unit ‘‘(a) ESTABLISHMENT.—The Secretary of Defense, in consultation with the Secretaries of the military departments, may establish a joint reserve detachment (referred to in this section as the ‘Detach- ment’) composed of members of the reserve components described in subsection (b) to be assigned to each office of the Defense Innova- tion Unit to— ‘‘(1) support engagement and collaboration with private- sector industry and the community surrounding the location of such office; and ‘‘(2) to accelerate the use and adoption of commercially- developed technologies for national security purposes. ‘‘(b) MEMBERS.—Each Secretary of a military department shall select for the Detachment, and make efforts to retain, members of the reserve components who possess relevant private-sector experience in the fields of business, acquisition, intelligence, engineering, technology transfer, science, mathematics, program management, logistics, cybersecurity, or such other fields as deter- mined by the Under Secretary of Defense for Research and Engineering. ‘‘(c) DUTIES.—The Detachment shall have the following duties: ‘‘(1) Providing the Department of Defense with— ‘‘(A) expertise on and analysis of commercially-devel- oped technologies; ‘‘(B) commercially-developed technologies to be used as alternatives for technologies in use by the Department; and ‘‘(C) opportunities for greater engagement and collaboration between the Department and private-sector industry on innovative technologies. ‘‘(2) On an ongoing basis— ‘‘(A) partnering with the military departments, the combatant commands, and other Department of Defense organizations to— ‘‘(i) identify and rapidly prototype commercially- developed technologies; and ‘‘(ii) use alternative contracting mechanisms to pro- cure such technologies; ‘‘(B) increasing awareness of— ‘‘(i) the work of the Defense Innovation Unit; and ‘‘(ii) the technology requirements of the Depart- ment of Defense as identified in the National Defense Science and Technology Strategy developed under sec- tion 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679); and ‘‘(C) using the investment in research and development made by private-sector industry in assessing and devel- oping dual-use technologies. ‘‘(3) Carrying out other activities as directed by the Under Secretary of Defense for Research and Engineering. ‘‘(d) JOINT DUTY.—Assignment to a Detachment shall not qualify as a joint duty assignment, as defined in section 668(b)(1) S. 1790—60 of title 10, United States Code, unless approved by the Secretary of Defense.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2358a the following new item: ‘‘2358b. Joint reserve detachment of the Defense Innovation Unit.’’. (b) IMPLEMENTATION REPORT.—Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering, in consultation with the Director of the Defense Innovation Unit and the Secretaries of the military departments, shall submit to the congressional defense committees a report that includes— (1) an organizational plan and the estimated costs for estab- lishing the joint reserve detachment required under section 2358b of title 10, United States Code (as added by subsection (a)); and (2) a timeline specifying when such detachment will attain initial operational capability and full operational capability, respectively. SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS OF HIGHER EDU- CATION. Section 2362 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 sub- section: ‘‘(d) INCENTIVES.—The Secretary of Defense may develop incen- tives to encourage research and educational collaborations between covered educational institutions and other institutions of higher education.’’. SEC. 215. 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. 216. JOINT HYPERSONICS TRANSITION OFFICE. Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note) is amended— (1) in subsection (a), by striking ‘‘the program required under subsection (b), and shall’’ and inserting ‘‘the program and activities described in subsections (b) through (f), and shall’’; (2) by redesignating subsections (c) through (e) as sub- sections (d) through (f), respectively; (3) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) UNIVERSITY EXPERTISE.— ‘‘(1) ARRANGEMENT WITH INSTITUTIONS OF HIGHER EDU- CATION.—Using the authority specified in section 217 of the S. 1790—61 National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) or another similar authority, the Office shall seek to enter into an arrangement with one or more institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) under which such institutions may provide the Office with— ‘‘(A) access to research, technology development, and workforce development expertise to support the mission of the Office; and ‘‘(B) foundational and applied hypersonic research, development, and workforce support in areas that the Office determines to be relevant for the Department of Defense. ‘‘(2) AVAILABILITY OF INFORMATION.—The Office shall ensure that the results of any research and reports produced pursuant to an arrangement under paragraph (1) are made available to the Federal Government, the private sector, aca- demia, and international partners consistent with appropriate security classification guidance.’’; (4) in subsection (d), as so redesignated— (A) in paragraph (4), by striking the comma before the period; and (B) in paragraph (5), by striking ‘‘certified under sub- section (e) as being consistent with the roadmap under subsection (d)’’ and inserting ‘‘certified under subsection (f) as being consistent with the roadmap under subsection (e)’’; (5) in subsection (e), as so redesignated, by adding at the end the following new paragraph: ‘‘(4) SUBMITTAL TO CONGRESS.— ‘‘(A) INITIAL SUBMISSION.—Not later than 180 days after the date of the enactment of this paragraph, the Secretary of Defense shall submit to the congressional defense committees the most recent roadmap developed under paragraph (1). ‘‘(B) SUBSEQUENT SUBMISSIONS.—The Secretary of Defense shall submit to the congressional defense commit- tees each roadmap revised under paragraph (1) together with the budget submitted to Congress under section 1105 of title 31, United States Code, for the fiscal year con- cerned.’’; and (6) in subsection (f), as so redesignated— (A) by striking ‘‘subsection (d)’’ each place it appears and inserting ‘‘subsection (e)’’; and (B) in paragraph (3), by striking ‘‘2016’’ and inserting ‘‘2026’’. SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZA- TION PROGRAM. (a) EXTENSION OF PROGRAM.—Section 1603(g) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113– 66; 10 U.S.C. 2359 note) is amended by striking ‘‘2019’’ and inserting ‘‘2024’’. (b) ADDITIONAL IMPROVEMENTS.—Section 1603 of such Act, as amended by subsection (a), is further amended— (1) in the section heading, by inserting ‘‘OF DUAL-USE TECH- NOLOGY’’ after ‘‘COMMERCIALIZATION’’; (2) in subsection (a)— S. 1790—62 (A) by inserting ‘‘of Dual-Use Technology’’ after ‘‘Commercialization’’; and (B) by inserting ‘‘with a focus on priority defense tech- nology 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 inserting after subsection (d), as so redesignated, 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 Indus- trial and Technical Excellence. ‘‘(5) Section 2521 of such title, relating to the Manufac- turing 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 manu- facturing in the defense industrial base. ‘‘(8) Section 12 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.’’. (7) by striking subsection (f); and (8) by redesignating subsection (g) as subsection (f). SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF TECH- NOLOGY AREAS FOR EXPEDITED ACCESS TO TECHNICAL TALENT. (a) MODIFICATION OF AUTHORITY.—Subsection (a)(1) of section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by striking ‘‘The Secretary of Defense shall, acting through the secre- taries of the military departments, establish’’ and inserting ‘‘Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall direct the secretaries of the military departments to establish’’. (b) ADDITIONAL TECHNOLOGY AREAS.—Subsection (e) of such section is amended— (1) by redesignating paragraph (27) as paragraph (30); and (2) by inserting after paragraph (26) the following new paragraph (27): ‘‘(27) Rapid prototyping. S. 1790—63 ‘‘(28) Infrastructure resilience. ‘‘(29) Hypersonics.’’. SEC. 219. EXPANSION OF COORDINATION IN SUPPORT OF NATIONAL SECURITY INNOVATION AND ENTREPRENEURIAL EDU- CATION. Section 225(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is amended by adding at the end the following new paragraph: ‘‘(18) The Lab-Embedded Entrepreneurship Programs of the Department of Energy.’’. SEC. 220. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOP- MENT PROGRAM. Section 234 of the John S. McCain National Defense Authoriza- tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking ‘‘private sector enti- ties’’ and inserting ‘‘private sector and international enti- ties’’; and (B) in paragraph (6), by striking ‘‘facilities and infra- structure’’ and inserting ‘‘facilities, workforce, and infra- structure’’; (2) in subsection (c)— (A) in paragraph (2), by striking ‘‘quantum sciences;’’ and inserting ‘‘quantum information sciences, including through consultation with— ‘‘(A) the National Quantum Coordination Office; ‘‘(B) the subcommittee on Quantum Information Science of the National Science and Technology Council; ‘‘(C) other organizations and elements of the Depart- ment of Defense; ‘‘(D) other Federal agencies; and ‘‘(E) appropriate private sector organizations;’’; (B) by redesignating paragraphs (3) and (4) as para- graphs (6) and (7), respectively; (C) by inserting after paragraph (2), the following new paragraphs: ‘‘(3) in consultation with the entities listed in paragraph (2), develop plans for— ‘‘(A) the development of the quantum information science and technology workforce; ‘‘(B) enhancing awareness of quantum information science and technology; ‘‘(C) reducing the risk of cybersecurity threats posed by quantum information science technology; and ‘‘(D) development of ethical guidelines for the use of quantum information science technology; ‘‘(4) in consultation with the National Institute of Stand- ards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and stand- ards and requirements for quantum information technology; ‘‘(5) support efforts to increase the technology readiness level of quantum information science technologies under development in the United States;’’; S. 1790—64 (D) in paragraph (6), as so redesignated, by striking ‘‘quantum science’’ and inserting ‘‘quantum information science’’; and (E) in paragraph (7), as so redesignated, by striking ‘‘for meeting the long-term challenges and achieving the specific technical goals’’ and inserting ‘‘for carrying out the program under subsection (a)’’; (3) by redesignating subsection (d) as subsection (e); (4) by inserting afer subsection (c) the following new sub- section (d): ‘‘(d) QUANTUM INFORMATION SCIENCE RESEARCH CENTERS.— The Secretary of each military department may establish or des- ignate a defense laboratory or establish activities to engage with appropriate public and private sector organizations, including aca- demic organizations, to enhance and accelerate the research, development, and deployment of quantum information sciences and quantum information science-enabled technologies and systems. The Secretary of Defense shall ensure that not less than one such laboratory or center is established or designated.’’; and (5) in paragraph (2) of subsection (e), as so redesignated— (A) in subparagraph (A), by inserting ‘‘information’’ before ‘‘sciences’’; (B) in subparagraph (B), (i) by inserting ‘‘information’’ before ‘‘sciences’’; and (ii) by inserting ‘‘, including a discussion of likely impacts of quantum information science and technology on military capabilities’’ before the period at the end; (C) in subparagraph (C), by inserting ‘‘information’’ before ‘‘sciences’’; (D) by redesignating subparagraph (E) as subpara- graph (F); and (E) by striking subparagraph (D) and inserting the following new subparagraphs: ‘‘(D) A description of the activities carried out in accord- ance with this section, including, for each such activity— ‘‘(i) a roadmap for the activity; ‘‘(ii) a summary of the funding provided for the activity; and ‘‘(iii) an estimated timeline for the development and military deployment of quantum technologies sup- ported through the activity. ‘‘(E) A description of the efforts of the Department of Defense to update classification and cybersecurity prac- tices relating to quantum technology, including— ‘‘(i) security processes and requirements for engagement with allied countries; and ‘‘(ii) a plan for security-cleared government and contractor workforce development.’’. SEC. 221. UNDERSTANDING OF INVESTMENTS IN ARTIFICIAL INTEL- LIGENCE AND DEVELOPMENT OF CAPABILITIES BY ADVERSARIES. 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 semi- colon; S. 1790—65 (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 source publications from both the United States and outside the United States that contribute to, affect, or advance— ‘‘(I) artificial intelligence research and develop- ment; or ‘‘(II) the understanding of the Secretary con- cerning the investments by adversaries of the United States in artificial intelligence and the development by such adversaries of capabilities relating to artificial intelligence.’’. SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP. (a) ONGOING ENGAGEMENT OF CERTAIN SCIENTIFIC ADVISORY PERSONNEL.— (1) IN GENERAL.—The Secretary of Defense shall seek to engage the members of the independent, private scientific advisory group known as ‘‘JASON’’ as advisory personnel to provide advice, on an ongoing basis, on matters involving science, technology, and national security, including methods to defeat existential and technologically-amplified threats to national security. (2) AVAILABILITY TO OTHER FEDERAL AGENCIES.—At the request of a Federal agency outside the Department of Defense, the Secretary of Defense shall seek to make personnel engaged under paragraph (1) available to such agency for the purpose of providing advice to the agency on the matters described in such subsection. (b) ARRANGEMENT FOR CONDUCT OF NATIONAL SECURITY STUDIES AND ANALYSIS.— (1) IN GENERAL.—Pursuant to subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into an arrangement under which JASON may provide national secu- rity research studies and other analyses to the Department of Defense and other Federal agencies to meet mission require- ments and agency needs. (2) FORM OF ARRANGEMENT.—The arrangement entered into under paragraph (1) shall be in a form the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate for the Department of Defense, which may include a contract, a grant, a cooperative agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement. (3) TIMING OF ARRANGEMENT.—The Secretary of Defense shall seek to enter into the arrangement under paragraph (1) not later than 120 days after the date of the enactment of this Act. (4) TERMS OF ARRANGEMENT.—The arrangement entered into under paragraph (1) shall— (A) if specifically negotiated as part of the arrange- ment, provide for the Department of Defense to reimburse the entity supporting JASON for all or a portion of the overhead costs incurred in support of the arrangement; S. 1790—66 (B) allow Federal Government entities outside the Department of Defense with responsibilities relating to national security to seek to engage JASON to perform individual studies relating to national security matters as part of the arrangement; and (C) require that a Federal agency that engages JASON to perform a study under the arrangement will fully fund such study, including a proportional percentage to the total overhead costs incurred under the arrangement. (5) LIMITATION ON TERMINATION.— (A) IN GENERAL.—The Secretary of Defense may not terminate the arrangement under paragraph (1) until a period of 180 days has elapsed following the date on which the Secretary— (i) notifies the congressional defense committees of the intent of the Secretary to terminate the arrange- ment; and (ii) submits the report required under subpara- graph (B). (B) REPORT REQUIRED.— (i) IN GENERAL.—If the Secretary of Defense deter- mines that the arrangement under paragraph (1) should be terminated, the Secretary shall submit to the congressional defense committees a report on the proposed termination of the arrangement. (ii) ELEMENTS.—The report required under clause (i) shall include the following: (I) A summary of the execution of research projects conducted by JASON over the four fiscal years preceding the date of the report, including the projects requested by the Department of Defense and the projects requested by other Fed- eral agencies. (II) An analysis of the costs to the Department of Defense of maintaining the arrangement under which JASON provided national security research studies, including any overhead costs incurred by the Department or shared among Federal agencies over the four fiscal years preceding the date of the report. (III) A timeline for the potential transition or termination of the activities, functions, and expertise provided by JASON under the arrange- ment. (IV) An assessment of the impact that the termination of the arrangement with JASON will have on defense research studies and analytical capabilities, including a mitigation plan that identifies where alternative and comparable sci- entific advice and expertise is available and a comparison of the costs associated with each alter- native. (iii) FORM OF REPORT.—The report required under clause (i) may be submitted in unclassified or classified form. (6) ANNUAL SUMMARY REPORT.—Not later than March 1 of each year beginning after the date of the enactment of S. 1790—67 this Act, the Secretary of Defense shall submit to the congres- sional defense committees a report that includes— (A) a summary of expenditures made under the arrangement with JASON under paragraph (1); and (B) a summary of the studies and other activities car- ried out by JASON pursuant to such arrangement in the preceding calendar year. SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECH- NOLOGY 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 cap- ture 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 cap- ture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses. (C) To develop direct air capture technologies for use— (i) at military installations or facilities of the Department of Defense; or (ii) in modes of transportation by the Navy or the Coast Guard. (3) PHASES.—The program established under paragraph (1) shall be carried out in two phases as follows: (A) The first phase shall consist of research and development and shall be carried out as described in sub- section (b). (B) The second phase shall consist of testing and evaluation and shall be carried out as described in sub- section (c), if the Secretary determines that the results of the research and development phase justify imple- menting the testing and evaluation phase. (4) DESIGNATION.—The program established under para- graph (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 Depart- ment of Defense; or S. 1790—68 (B) in modes of transportation by the Navy or the Coast Guard. (3) COMMENCEMENT.—The Secretary shall commence car- rying out the research and development phase of the Program 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 Pro- gram. (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 Depart- ment of Defense; or (B) in modes of transportation by the Navy or the Coast Guard. (3) COMMENCEMENT.—Subject to subsection (a)(3)(B), the Secretary shall commence carrying out the testing and evalua- tion phase of the Program 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 appro- priate. (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 tech- nologies tested and evaluated under the Program. (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, tech- nology, 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— S. 1790—69 (i) that is deliberately released from a naturally occur- ring 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)); (B) a science and technology reinvention laboratory designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 84; 10 U.S.C. 2358 note); (C) the Major Range and Test Facility Base (as defined in section 2358a(f) of title 10, United States Code); or (D) any other facility that supports the research, development, test, and evaluation activities of the Depart- ment of Defense or the Department of Energy. SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND SERVICES MEET TRUSTED SUPPLY CHAIN AND OPER- ATIONAL SECURITY STANDARDS. (a) PURCHASES.—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 no later than January 1, 2023, the Secretary of Defense shall ensure that each microelectronics product or service that the Department of Defense purchases on or after such date meets the applicable trusted supply chain and operational security standards established pursuant to subsection (b), except in a case in which the Department seeks to purchase a microelectronics product or service but— (1) no such product or service is available for purchase that meets such standards; or (2) no such product or service is available for purchase that— (A) meets such standards; and (B) is available at a price that the Secretary does not consider prohibitively expensive. (b) TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STAND- ARDS.— (1) STANDARDS REQUIRED.—(A) Not later than January 1, 2021, the Secretary shall establish trusted supply chain and operational security standards for the purchase of microelec- tronics products and services by the Department. (B) For purposes of this section, a trusted supply chain and operational security standard— (i) is a standard that systematizes best practices rel- evant to— (I) manufacturing location; (II) company ownership; (III) workforce composition; (IV) access during manufacturing, suppliers’ design, sourcing, manufacturing, packaging, and dis- tribution processes; (V) reliability of the supply chain; and (VI) other matters germane to supply chain and operational security; and S. 1790—70 (ii) is not a military standard (also known as ‘‘MIL- STD’’) or a military specification (also known as ‘‘MIL- SPEC’’) for microelectronics that— (I) specifies individual features for Department of Defense microelectronics; or (II) otherwise inhibits the acquisition by the Department of securely manufactured, commercially- available products. (2) CONSULTATION REQUIRED.—In developing standards under paragraph (1), the Secretary shall consult with the fol- lowing: (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 oper- ational security of microelectronics products and services. (D) Representatives of the United States insurance industry. (3) TIERS OF TRUST AND LEVELS OF SECURITY AUTHORIZED.— In carrying out paragraph (1), the Secretary may establish tiers and levels 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 agencies, commercial industry, and allies and partners of the United States as the basis for procuring microelectronics products and services. (5) ANNUAL REVIEW.—Not later than October 1 of each year, the Secretary shall, in consultation with persons and entities set forth under paragraph (2), review the standards established pursuant to paragraph (1) and issue updates or modifications as the Secretary considers necessary or appro- priate. (c) ENSURING ABILITY TO SELL COMMERCIALLY.— (1) IN GENERAL.—The Secretary shall, to the greatest extent practicable, ensure that suppliers of microelectronics products and services for the Department of Defense subject to subsection (a) are able and incentivized to sell products commercially and to governments of allies and partners of the United States that are produced on the same production lines as the microelec- tronics products supplied to the Department of Defense. (2) EFFECT OF REQUIREMENTS AND ACQUISITIONS.—The Sec- retary 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 Sec- retary shall take such actions as the Secretary considers necessary S. 1790—71 and appropriate, within the Secretary’s authorized activities to maintain the health of the defense industrial base, to ensure that— (1) providers of microelectronics products and services that meet the standards established under subsection (b) are exposed to competitive market pressures to achieve competitive pricing and sustained innovation; and (2) the industrial base of microelectronics products and services that meet the standards established under subsection (b) includes providers manufacturing in the United States or in countries that are allies or partners of the United States. SEC. 225. 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, the Chief of Naval Operations, and the Chief of Staff of the Army shall jointly submit to the congressional defense committees a joint development and acquisi- tion 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 observ- ability characteristics of the relevant platforms, including both existing and planned platforms. (b) NETWORK CHARACTERISTICS.—The data link network capa- bility 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, the Future Airborne Capa- bility Environment initiative of the Navy, and the Modular Open Systems Architecture initiative of the Army; and (3) provide for an architecture to connect, with operation- ally relevant throughput and latency— (A) fifth-generation combat aircraft; (B) fifth-generation and fourth-generation combat air- craft; (C) fifth-generation and fourth-generation combat air- craft 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 air- craft and their associated network-enabled precision weapons. (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, for operation and maintenance for the Office of the Secretary of the Navy, and for operations and maintenance for the Office of the Secretary of the Army, 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, the Chief of Naval Operations, and the Chief of Staff of the Army, respectively, submit the development and acquisition strategy required by subsection (a). S. 1790—72 SEC. 226. 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) INSTALLATIONS.— (1) LOCATIONS.—The Secretary shall establish components and capabilities under subsection (a) at the following: (A) The Nevada Test and Training Range, which shall serve as a Major Range and Test Facility Base (MRTFB) for fifth-generation wireless networking. (B) Such Department installations or other installa- tions as the Secretary considers appropriate for the purpose set forth in paragraph (2). (2) PURPOSE.—The purpose of the establishment of compo- nents and capabilities under subsection (a) at the locations 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 net- working 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 sys- tems (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 net- work isolation. (G) Base infrastructure installation of high bandwidth, scalable, and low latency fifth-generation wireless net- working technology. (H) Applications for secure fifth-generation wireless network capabilities for the Department, such as the fol- lowing: (i) Interactive augmented reality or synthetic training environments. (ii) Internet of things devices. (iii) Autonomous systems. (iv) Advanced manufacturing through the fol- lowing: (I) Department-sponsored centers for manufac- turing innovation (as defined in section 34(c) of the National Institute of Standards and Tech- nology Act (15 U.S.C. 278s(c))). (II) Department research and development organizations. (III) Manufacturers in the defense industrial base of the United States. S. 1790—73 SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION INSTITUTES FUNDED BY THE DEPARTMENT OF DEFENSE. (a) IN GENERAL.—The Secretary of Defense shall make such changes to the administration of covered institutes so as— (1) to encourage covered institutes to leverage existing workforce development programs across the Federal Govern- ment and State governments in order to build successful workforce development programs; (2) to develop metrics to evaluate the workforce develop- ment performed by the covered institutes, 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 institutes and be updated and evaluated continuously in order to more accurately evaluate covered institutes with different goals and missions; (4) to encourage covered institutes to consider developing technologies that were previously funded by Federal Govern- ment 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 institutes; (6) to reduce the barriers to collaboration between and among multiple covered institutes; (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 institutes, and reduce the time to award contracts at covered institutes; and (8) to overcome barriers to the adoption of manufacturing processes and technologies developed by the covered institutes by the defense and commercial industrial base, particularly small and medium enterprises, by engaging with public and private sector partnerships and appropriate government pro- grams and activities, including the Hollings Manufacturing Extension Partnership. (b) COORDINATION WITH OTHER ACTIVITIES.—The Secretary shall carry out this section in coordination with activities under- taken 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 Pro- gram 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 Manufacturing USA Network, the Secretary of Energy, and such other government and private sector organizations as the Secretary of Defense considers appropriate; and S. 1790—74 (5) such other activities as the Secretary considers appro- priate. (c) DEFINITION OF COVERED INSTITUTE.—In this section, the term ‘‘covered institute’’ means a manufacturing innovation institute that is funded by the Department of Defense. SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE OPERATIONS. (a) PROGRAM AUTHORIZED.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may carry out a research program on foreign malign influence operations as part of the university research programs of the Department of Defense. (b) PROGRAM OBJECTIVES.—The objectives of a research pro- gram carried out under subsection (a) should include the following: (1) Enhance the understanding of foreign malign influence operations, including activities conducted on social media plat- forms. (2) Facilitate the analysis of publicly available or volun- tarily provided indicators of foreign malign influence operations. (3) Promote collaborative research and information exchange with relevant entities within the Department of Defense and with other agencies or nongovernmental organiza- tions relating to foreign malign influence operations, as appro- priate. (c) NOTICE TO CONGRESS.—Not later than 30 days before initi- ating a research program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees notice of the intent of the Secretary to initiate such a program, which shall include— (1) a detailed description of the program and any related research activities; (2) the estimated cost and duration of the program; and (3) any other matters the Secretary determines to be rel- evant. SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING WORKFORCE OF THE DEPARTMENT OF DEFENSE. (a) ASSESSMENT REQUIRED.— (1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Under Secretary of Defense for Personnel and Readiness, shall conduct an assessment of crit- ical skillsets required across, and the diversity of, the research and engineering workforce of the Department of Defense, including the science and technology reinvention laboratories, to support emerging and future warfighter technologies. (2) ELEMENTS.—The assessment required by paragraph (1) shall include analysis of the following: (A) The percentage of women and minorities employed in the research and engineering workforce of the Depart- ment of Defense as of the date of the assessment. (B) Of the individuals hired into the research and engineering workforce of the Department in the five years preceding the date of the assessment, the percentage of such individuals who are women and minorities. S. 1790—75 (C) The effectiveness of existing hiring, recruitment, and retention incentives for women and minorities in the research and engineering workforce of the Department. (D) The effectiveness of the Department in recruiting women and minorities into the laboratory workforce after such individuals complete work on Department-funded research, projects, grant projects, fellowships, and STEM programs. (E) The geographical diversity of the workforce across various geographic regions. (b) PLAN REQUIRED.— (1) IN GENERAL.—Based on the results of the assessment conducted under subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Secretaries of the military departments, shall develop and implement a plan to diversify and strengthen the research and engineering workforce of the Department of Defense. (2) ELEMENTS.—The plan required by paragraph (1) shall— (A) align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department; (B) except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled ‘‘First Steps Toward Improving DoD STEM Workforce Diversity’’; (C) harness the full range of the Department’s STEM programs and other Department sponsored programs to develop and attract top talent; (D) use existing authorities to attract and retain stu- dents, academics, and other talent; (E) establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government sponsored basic and applied research and studies at each institution, including con- tracts, agreements, and other authorized arrangements such as those authorized under— (i) section 217 of the National Defense Authoriza- tion Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and (ii) such other authorities as the Secretary deter- mines to be appropriate; and (F) include recommendations for changes in authori- ties, regulations, policies, or any other relevant areas that would support the achievement of the goals set forth in the plan. (3) SUBMITTAL TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes— S. 1790—76 (A) the plan developed under paragraph (1); and (B) with respect to each recommendation described in paragraph (2)(B) that the Secretary has implemented or expects to implement— (i) a summary of actions that have been taken to implement the recommendation; and (ii) a schedule, with specific milestones, for com- pleting the implementation of the recommendation. (c) DEADLINE FOR IMPLEMENTATION.— (1) IN GENERAL.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to imple- ment the plan developed under subsection (b). (2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN REC- OMMENDATIONS.— (A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommenda- tion described in subsection (b)(2)(B) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date. (B) NONIMPLEMENTATION.—The Secretary of Defense may opt not to implement a recommendation described in subsection (b)(2)(B) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)— (i) a specific justification for the decision not to implement the recommendation; and (ii) a summary of the alternative actions the Sec- retary plans to take to address the issues underlying the recommendation. (d) STEM DEFINED.—In this section, the term ‘‘STEM’’ means science, technology, engineering, and mathematics. SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPER- TISE AND SOFTWARE PROFESSIONALS. (a) POLICY.— (1) IN GENERAL.—It shall be a policy of the Department of Defense to promote and maintain digital expertise and soft- ware development as core competencies of civilian and military workforces of the Department, and as a capability to support the National Defense Strategy, which policy shall be achieved by— (A) the recruitment, development, and incentivization of retention in and to the civilian and military workforce of the Department of individuals with aptitude, experience, proficient expertise, or a combination thereof in digital expertise and software development; (B) at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks related to digital expertise, and related digital competencies for members of the Armed Forces, including the development and maintenance of training, education, talent management, incentives, and promotion policies in support of members at all levels of such career tracks; and S. 1790—77 (C) the development and application of appropriate readiness standards and metrics to measure and report on the overall capability, capacity, utilization, and readi- ness of digital engineering professionals to develop and deliver operational capabilities and employ modern busi- ness practices. (2) DIGITAL ENGINEERING DEFINED.—For purposes of this section, the term ‘‘digital engineering’’ means the discipline and set of skills involved in the creation, processing, trans- mission, integration, and storage of digital data, including data science, machine learning, software engineering, software product management, and artificial intelligence product management. (b) IMPLEMENTATION PLAN.—Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan that describes how the Department of Defense will execute the policy described in subsection (a). (c) RESPONSIBILITY.— (1) APPOINTMENT OF OFFICER.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense may appoint a civilian official responsible for the development and implementation of the policy and implementation plan set forth in subsections (a) and (b), respectively. The official shall be known as the ‘‘Chief Digital Engineering Recruitment and Management Officer of the Department of Defense’’. (2) EXPIRATION OF APPOINTMENT.—The appointment of the Officer under paragraph (1) shall expire on September 30, 2024. SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING AND EVALUATION. (a) DIGITAL ENGINEERING CAPABILITY.— (1) IN GENERAL.—The Secretary of Defense shall establish a digital engineering capability to be used— (A) for the development and deployment of digital engineering models for use in the defense acquisition process; and (B) to provide testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition process. (2) REQUIREMENTS.—The capability developed under sub- section (a) shall meet the following requirements: (A) The capability will be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to capability design, develop- ment, testing, evaluation, and operation. (B) The capability will provide for the development, validation, use, curation, and maintenance of technically accurate digital systems, models of systems, subsystems, and their components, at the appropriate level of fidelity to ensure that test activities adequately simulate the environment in which a system will be deployed. (C) The capability will include software to automate testing throughout the program life cycle, including to sat- isfy developmental test requirements and operational test S. 1790—78 requirements. Such software may be developed in accord- ance with the authorities provided under section 800, and shall support— (i) security testing that includes vulnerability scan- ning and penetration testing performed by individuals, including threat-based red team exploitations and assessments with zero-trust assumptions; and (ii) high-confidence distribution of software to the field on a time-bound, repeatable, frequent, and iterative basis. (b) DEMONSTRATION ACTIVITIES.— (1) IN GENERAL.—In developing the capability required under subsection (a), the Secretary of Defense shall carry out activities to demonstrate digital engineering approaches to automated testing that— (A) enable continuous software development and delivery; (B) satisfy developmental test requirements for the software-intensive programs of the Department of Defense; and (C) satisfy operational test and evaluation require- ments for such programs. (2) PROGRAM SELECTION.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and select not fewer than four and not more than ten programs of the Department of Defense to participate in the demonstration activities under paragraph (1), including— (A) at least one program participating in the pilot program authorized under section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223a note); (B) at least one program participating in the pilot program authorized under section 874 of such Act (Public Law 115–91; 10 U.S.C. 2302 note); (C) at least one major defense acquisition program (as defined in section 2430 of title 10, United States Code); (D) at least one command and control program; (E) at least one defense business system (as defined in section 2222(i) of title 10, United States Code); and (F) at least one program from each military service. (3) ADDITIONAL REQUIREMENTS.—As part of the demonstra- tion activities under paragraph (1), the Secretary shall— (A) conduct a comparative analysis that assesses the risks and benefits of the digital engineering supported auto- mated testing approaches of the programs participating in the demonstration activities relative to traditional testing approaches that are not supported by digital engineering; (B) ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and (C) develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities. S. 1790—79 (c) POLICIES AND GUIDANCE REQUIRED.—Not later than one year after the date of the enactment of this Act, based on the results of the demonstration activities carried out under subsection (b), the Secretary of Defense shall issue or modify policies and guidance to— (1) promote the use of digital engineering capabilities for development and for automated testing; and (2) address roles, responsibilities, and procedures relating to such capabilities. (d) STEERING COMMITTEE.— (1) IN GENERAL.—The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c). (2) MEMBERSHIP.—The steering committee shall be com- posed of the following members or their designees: (A) The Under Secretary of Defense for Research and Engineering. (B) The Under Secretary of Defense for Acquisition and Sustainment. (C) The Chief Information Officer. (D) The Director of Operational Test and Evaluation. (E) The Director of Cost Assessment and Program Evaluation. (F) The Service Acquisition Executives. (G) The Service testing commands. (H) The Director of the Defense Digital Service. (e) REPORTS REQUIRED.— (1) IMPLEMENTATION.—Not later than March 15, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in imple- menting subsections (a) through (c). The report shall include an explanation of how the results of the demonstration activities carried out under subsection (b) will be incorporated into the policy and guidance required under subsection (c), particularly the policy and guidance of the members of the steering com- mittee established under subsection (d). (2) LEGISLATIVE RECOMMENDATIONS.—Not later than October 15, 2020, the Secretary of Defense shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c). (f) INDEPENDENT ASSESSMENT.— (1) IN GENERAL.—Not later than March 15, 2021, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innova- tion Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment. (2) INFORMATION TO CONGRESS.—Not later than 30 days after the date on which the assessment under paragraph (1) is completed, the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees— (A) a report summarizing the assessment; and (B) a briefing on the findings of the assessment. S. 1790—80 SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING TECHNOLOGY DEVELOPMENT. (a) ALIGNMENT OF POLICY AND TECHNOLOGICAL DEVELOP- MENT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to ensure that the policies of the Department of Defense relating to emerging technology are formulated and updated continuously as such technology is developed by the Department. (b) ELEMENTS.—As part of the process established under sub- section (a), the Secretary shall— (1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such tech- nology; and (2) incorporate procedures for the continuous legal review of— (A) weapons and other defense systems that incor- porate or use emerging technology; and (B) treaties that may be affected by such technology. (c) BRIEFING REQUIRED.—Not later than 30 days after the date on which the Secretary of Defense establishes the process required under subsection (a), the Secretary shall provide to the congres- sional defense committees a briefing on such process. (d) DEFINITIONS.—In this section: (1) The term ‘‘covered official’’ means the following: (A) The Chairman of the Joint Chiefs of Staff. (B) The Under Secretary of Defense for Research and Engineering. (C) The Under Secretary of Defense for Acquisition and Sustainment. (D) The Under Secretary of Defense for Policy. (E) The commanders of combatant commands with responsibilities involving the use of weapons or other defense systems that incorporate or use emerging tech- nology, as determined by the Secretary of Defense. (F) The Secretaries of the military departments. (2) The term ‘‘emerging technology’’ means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, tech- nology for the analysis of large and diverse sets of data (com- monly known as ‘‘big data analytics’’), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary. SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE OF THE DEPARTMENT OF DEFENSE. (a) ORGANIZATION.— (1) AUTHORITY OF DEPUTY SECRETARY OF DEFENSE.—The Deputy Secretary of Defense shall exercise authority and direc- tion over the Strategic Capabilities Office of the Department of Defense (referred to in this section as the ‘‘Office’’). (2) AUTHORITY OF DIRECTOR.—The Director of the Office shall report directly to the Deputy Secretary of Defense. (3) DELEGATION.—In exercising authority and direction over the Office under subsection (a), the Deputy Secretary of Defense may delegate administrative, management, and other duties S. 1790—81 to the Director of the Defense Advanced Research Projects Agency, as needed, to effectively and efficiently execute the mission of the Office. (b) CROSS-FUNCTIONAL TEAMS.— (1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this Act, the Deputy Secretary of Defense shall establish the following cross-functional teams to improve the effectiveness of the Office: (A) A transition cross-functional team to improve the efficiency and effectiveness with which the programs of the Office may be transitioned into— (i) research and development programs of the mili- tary services and other agencies of the Department of Defense; and (ii) programs of such services and agencies in oper- ational use. (B) A technical cross functional team to improve the continuous technical assessment and review of the pro- grams of the Office during program selection and execution. (2) MEMBERSHIP.—The Deputy Secretary of Defense shall select individuals to serve on the cross-functional teams described in paragraph (1) from among individuals in the defense research and engineering enterprise, acquisition community, Joint Staff, combatant commands, and other organizations, as determined to be appropriate by the Deputy Secretary. SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION. (a) IN GENERAL.—The Secretary of Defense, in consultation with the Secretary of Education, shall carry out a pilot program under which the Secretary provides enhanced educational support and funding to eligible entities to improve civics education programs taught by such entities. (b) PURPOSE.—The purpose of the pilot program is to provide enhanced civics education on the following topics: (1) Critical thinking and media literacy. (2) Voting and other forms of political and civic engage- ment. (3) Interest in employment, and careers, in public service. (4) Understanding of United States law, history, and Government. (5) The ability of participants to collaborate and com- promise with others to solve problems. (c) CONSIDERATIONS.—In carrying out the pilot program, the Secretary of Defense shall consider innovative approaches for improving civics education. (d) METRICS AND EVALUATIONS.—The Secretary of Defense shall establish metrics and undertake evaluations to determine the effectiveness of the pilot program, including each of the activities carried out under subsection (e). (e) TYPES OF SUPPORT AUTHORIZED.—Under the pilot program the Secretary of Defense— (1) shall provide support to eligible entities to address, at a minimum— (A) the development or modification of curricula relating to civics education; S. 1790—82 (B) classroom activities, thesis projects, individual or team projects, internships, or community service activities relating to civics; (C) collaboration with government entities, nonprofit organizations, or consortia of such entities and organiza- tions to provide participants with civics-related experiences; (D) civics-related faculty development programs; (E) recruitment of educators who are highly qualified in civics education to teach civics or to assist with the development of curricula for civics education; (F) presentation of seminars, workshops, and training for the development of skills associated with civic engage- ment; (G) activities that enable participants to interact with government officials and entities; (H) expansion of civics education programs and out- reach for members of the Armed Forces, dependents and children of such members, and employees of the Depart- ment of Defense; and (I) opportunities for participants to obtain work experi- ence in fields relating to civics; and (2) may provide any other form of support the Secretary determines to be appropriate to enhance the civics education taught by eligible entities. (f) REPORT.—Not later than 180 days after the conclusion of the first full academic year during which the pilot program is carried out, the Secretary of Defense shall submit to the congres- sional defense committees a report that includes— (1) a description of the pilot program, including the a description of the specific activities carried out under subsection (e); and (2) the metrics and evaluations used to assess the effective- ness of the program as required under subsection (d). (g) DEFINITIONS.—In this section: (1) The term ‘‘civics education program’’ means an edu- cational program that provides participants with— (A) knowledge of law, government, and the rights of citizens; and (B) skills that enable participants to responsibly participate in democracy. (2) The term ‘‘eligible entity’’ means any of following: (A) A local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps. (B) A school operated by the Department of Defense Education Activity. SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP. (a) FELLOWSHIP PROGRAM.— (1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, may establish a civilian fellowship program designed to place eligible individuals within the Department of Defense and Con- gress to increase the number of national security professionals with science, technology, engineering, and mathematics creden- tials employed by the Department. (2) DESIGNATION.—The fellowship program established under paragraph (1) shall be known as the ‘‘Technology and S. 1790—83 National Security Fellowship’’ (in this section referred to as the ‘‘fellows program’’). (3) ASSIGNMENTS.—Each individual selected for participa- tion 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 defense and national security matters. (4) PAY AND BENEFITS.—To the extent practicable, 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.— (1) ELIGIBILITY FOR DOD ASSIGNMENT.—Subject to sub- section (e), an individual eligible for an assignment in the Department of Defense under subsection (a)(3)(A) is an indi- vidual who— (A) is a citizen of the United States; and (B) either— (i) expects to be awarded a bachelor’s degree, associate’s degree, or graduate degree that, as deter- mined 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; (ii) possesses a bachelor’s degree, associate’s degree, or graduate degree that, as determined by the Secretary, focuses on science, technology, engineering, or mathematics course work; or (iii) is an employee of the Department of Defense and possesses a bachelor’s degree, associate’s degree, or graduate degree that, as determined by the Sec- retary, focuses on science, technology, engineering, or mathematics course work. (2) ELIGIBILITY FOR CONGRESSIONAL ASSIGNMENT.—Subject to subsection (e), an individual eligible for an assignment in a congressional office under subsection (a)(3)(B) is an individual who— (A) meets the requirements specified in paragraph (1); and (B) has not less than 3 years of relevant work experi- ence in the field of science, technology, engineering, or mathematics. (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) Universities. (3) Science and technology reinvention laboratories and test and evaluation centers of the Department of Defense. S. 1790—84 (4) Other organizations of the Department of Defense or public and private sector organizations, as determined appro- priate 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 institu- tions 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. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE MANAGEMENT SYSTEM. (a) DOCUMENTATION REQUIRED.—Not later than the date speci- fied in subsection (b), the Secretary of the Air Force shall submit to the congressional defense committees the following documenta- tion relating to the Advanced Battle Management System: (1) A list that identifies each program, project, and activity that contributes to the architecture of the Advanced Battle Management System. (2) The final analysis of alternatives for the Advanced Battle Management System. (3) The requirements for the networked data architecture necessary for the Advanced Battle Management System to pro- vide multidomain command and control and battle management capabilities and a development schedule for such architecture. (b) DATE SPECIFIED.—The date specified in this subsection is the earlier of— (1) the date that is 180 days after the date on which the final analysis of alternatives for the Advanced Battle Management System is completed; or (2) June 1, 2020. (c) ADVANCED BATTLE MANAGEMENT SYSTEM DEFINED.—In this section, the term ‘‘Advanced Battle Management System’’ means the Advanced Battle Management System of Systems capability of the Air Force, including each program, project, and activity that contributes to such capability. SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIR- CRAFT. (a) F–35 SENSOR DATA.—The Secretary of Defense shall ensure that— (1) information collected by the passive and active on- board sensors of the F–35 Joint Strike Fighter aircraft is capable of being shared, in real time, with joint service users in cases in which the Joint Force Commander determines that sharing such information would be operationally advantageous; and (2) the Secretary has developed achievable, effective, and suitable concepts and supporting technical architectures to col- lect, store, manage, and disseminate information collected by such sensors. (b) GAO STUDY AND REPORT.— S. 1790—85 (1) STUDY.—The Comptroller General of the United States shall conduct a study of the sensor data collection and dissemi- nation capability of fifth generation aircraft of the Department of Defense. (2) ELEMENTS.—The study required by paragraph (1) shall include an assessment of the following— (A) the extent to which the Department has established doctrinal, organizational, or technological methods of man- aging the large amount of sensor data that is currently collected and which may be collected by existing and planned advanced fifth generation aircraft; (B) the status of the existing sensor data collection, storage, dissemination, and management capability and capacity of fifth generation aircraft, including the F–35, the F–22, and the B–21; and (C) the ability of the F–35 aircraft and other fifth generation aircraft to share information collected by the aircraft in real-time with other joint service users as described in subsection (a)(1). (3) STUDY RESULTS.— (A) INTERIM BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense commit- tees a briefing on the preliminary findings of the study conducted under this subsection. (B) FINAL RESULTS.—The Comptroller General shall provide the final results of the study conducted under this subsection to the congressional defense committees at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of the briefing under subparagraph (A). SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECH- NOLOGIES. It is the sense of Congress that the Army should continue to invest in research, development, test, and evaluation programs to mature future vertical lift technologies, including programs to improve pilot situational awareness, increase flight operations safety, and reduce operation and maintenance costs. SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL CER- TIFICATION PROGRAM, AND OPERATIONAL ENERGY CAPA- BILITY IMPROVEMENT. Of the funds authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, develop- ment, test, and evaluation, as specified in the funding table in section 4201 for the Strategic Environmental Research Program, Operational Energy Capability Improvement, and the Environ- mental Security Technical Certification Program, the Secretary of Defense shall, acting through the Under Secretary of Defense for Acquisition and Sustainment, 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, dem- onstration, and validation of non-fluorine based firefighting foams. S. 1790—86 (3) Not less than $10,000,000 on the development, dem- onstration, and validation of secure microgrids for both installa- tions and forward operating bases. (4) Not less than $1,000,000 on the development, dem- onstration, and validation of technologies that can harvest potable water from air. SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2 CAPABILITY. (a) LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2.—Not more than 50 percent of the funds authorized to be appropriated by this Act or otherwise made avail- able 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 capability until the Secretary of the Army submits to the congressional defense committees a report on the Indirect Fire Protection Capability Increment 2 pro- gram that contains the following: (1) An assessment of whether the requirements previously established for the enduring 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 enduring requirement, including those fielded or in development by the Army 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. (6) An assessment of the results of the performance, test, evaluation, integration, and interoperability of batteries one and two of the interim solution. (b) NOTIFICATION 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 Defense shall, without delegation, submit to the congressional defense committees a notification identifying the military services or agencies that will be responsible for the conduct of air and missile defense in support of joint campaigns as it applies to defense against current and emerging missile threats. The notification shall identify the applicable programs of record to address such threats, including each class of cruise missile threat. S. 1790—87 Subtitle C—Plans, Reports, and Other Matters SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES RELATING TO SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES. (a) PLAN REQUIRED.—The Secretary of Defense, jointly with the Secretaries of the military departments and in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a master plan for using existing authorities to strengthen and modernize the workforce and capabilities of the science and technology reinvention laboratories of the Department of Defense (referred to in this section as the ‘‘laboratories’’) to enhance the ability of the laboratories to execute missions in the most efficient and effective manner. (b) ELEMENTS.—The master plan required under subsection (a) shall include, with respect to the laboratories, the following: (1) A summary of hiring and staffing deficiencies at labora- tories, by location, and the effect of such deficiencies on the ability of the laboratories— (A) to meet existing and future requirements of the Department of Defense; and (B) to recruit and retain qualified personnel. (2) A summary of existing and emerging military research, development, test, and evaluation mission areas requiring the use of the laboratories. (3) An explanation of the laboratory staffing capabilities required for each mission area identified under paragraph (2). (4) Identification of specific projects, including hiring efforts and management reforms, that will be carried out— (A) to address the deficiencies identified in paragraph (1); and (B) to support the existing and emerging mission areas identified in paragraph (2). (5) For each project identified under paragraph (4)— (A) a summary of the plan for the project; (B) a description of the resources that will be applied to the project; and (C) a schedule of required investments that will be made as part of the project. (6) A description of how the Department, including each military department concerned, will carry out the projects identified in paragraph (4) using existing authorities. (7) Identification of any statutory, regulatory, or manage- ment-related barriers to implementing the master plan and a description of policy and legislative options that may be applied to address such barriers. (c) CONSULTATION.—In developing the master plan required under subsection (a), the Secretary of Defense, the Secretaries of the military departments, and the Under Secretary of Defense for Research and Engineering shall consult with— (1) the Service Acquisition Executives with responsibilities relevant to the laboratories; (2) the commander of each military command with respon- sibilities relating to research and engineering that is affected by the master plan; and S. 1790—88 (3) any other officials determined to be relevant by the Secretary of Defense, the Secretaries of the military depart- ments, and the Under Secretary of Defense for Research and Engineering. (d) FINAL REPORT.—Not later than October 30, 2020, the Sec- retary of Defense, jointly with the Secretaries of the military depart- ments and in consultation with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees— (1) the master plan developed under subsection (a); (2) a report on the activities carried out under this section; and (3) a report that identifies any barriers that prevent the full use and implementation of existing authorities, including any barriers presented by the policies, authorities, and activities of— (A) organizations and elements of the Department of Defense; and (B) organizations outside the Department. SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT, TEST, AND EVALUATION MISSIONS. (a) MASTER PLAN REQUIRED.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and in coordination with the Secretaries of the military departments, shall develop and implement a master plan that addresses the research, development, test, and evaluation infra- structure and modernization requirements of the Department of Defense, including the science and technology reinvention labora- tories and the facilities of the Major Range and Test Facility Base. (b) ELEMENTS.—The master plan required under subsection (a) shall include, with respect to the research, development, test, and evaluation infrastructure of the Department of Defense, the following: (1) A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department— (A) to meet current and future military requirements identified in the National Defense Strategy; (B) to support science and technology development and acquisition programs; and (C) to recruit and train qualified personnel. (2) A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure— (A) to improve operations in a manner that may benefit all users; (B) to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources; (C) to improve safety for personnel and facilities; and (D) to reduce the long-term cost of operation and maintenance. (3) Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2). S. 1790—89 (4) For each project identified under paragraph (3)— (A) a description of the scope of work; (B) a cost estimate; (C) a summary of the plan for the project; (D) an explanation of the level of priority that will be given to the project; and (E) a schedule of required infrastructure investments. (5) A description of how the Department, including each military department concerned, will carry out the infrastructure projects identified in paragraph (3) using the range of authori- ties and methods available to the Department, including— (A) military construction authority under section 2802 of title 10, United States Code; (B) unspecified minor military construction authority under section 2805(a) of such title; (C) laboratory revitalization authority under section 2805(d) of such title; (D) the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title; (E) the authority provided under the Defense Labora- tory Modernization Pilot Program under section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2358 note); (F) methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases and real property exchanges; (G) the authority to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, under section 2681 of title 10, United States Code; and (H) any other authorities and methods determined to be appropriate by the Secretary of Defense. (6) Identification of any regulatory or policy barriers to the effective and efficient implementation of the master plan. (c) CONSULTATION AND COORDINATION.—In developing and implementing the plan required under subsection (a), the Secretary of Defense shall— (1) consult with existing and anticipated customers and users of the capabilities of the Major Range and Test Facility Base and science and technology reinvention laboratories; (2) ensure consistency with the science and technology road- maps and strategies of the Department of Defense and the Armed Forces; and (3) ensure consistency with the strategic plan for test and evaluation resources required by section 196(d) of title 10, United States Code. (d) SUBMITTAL TO CONGRESS.—Not later than January 1, 2021, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the congressional defense committees the master plan developed under subsection (a). (e) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION INFRA- STRUCTURE DEFINED.—In this section, the term ‘‘research, develop- ment, test, and evaluation infrastructure’’ means the infrastructure of— (1) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense S. 1790—90 Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note)); (2) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and (3) other facilities that support the research development, test, and evaluation activities of the Department. SEC. 253. 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 congres- sional defense committees on the plan developed under subsection (a). SEC. 254. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH GENERA- TION INFORMATION AND COMMUNICATIONS TECH- NOLOGIES. (a) IN GENERAL.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop— (1) a strategy for harnessing fifth generation (commonly known as ‘‘5G’’) information and communications technologies to enhance military capabilities, maintain a technological advantage on the battlefield, and accelerate the deployment of new commercial products and services enabled by 5G net- works throughout the Department of Defense; and (2) a plan for implementing the strategy developed under paragraph (1). (b) ELEMENTS.—The strategy required under subsection (a) shall include the following elements: (1) Adoption and use of secure fourth generation (commonly known as ‘‘4G’’) communications technologies and the transition to advanced and secure 5G communications technologies for military applications and for military infrastructure. (2) Science, technology, research, and development efforts to facilitate the advancement and adoption of 5G technology and new uses of 5G systems, subsystems, and components, including— (A) 5G testbeds for developing military and dual-use applications; and (B) spectrum-sharing technologies and frameworks. (3) Strengthening engagement and outreach with industry, academia, international partners, and other departments and agencies of the Federal Government on issues relating to 5G technology and the deployment of such technology, including S. 1790—91 development of a common industrial base for secure microelec- tronics. (4) Defense industrial base supply chain risk, management, and opportunities. (5) Preserving the ability of the Joint Force to achieve objectives in a contested and congested spectrum environment. (6) Strengthening the ability of the Joint Force to conduct full spectrum operations that enhance the military advantages of the United States. (7) Securing the information technology and weapon sys- tems of the Department against malicious activity. (8) Advancing the deployment of secure 5G networks nationwide. (9) Such other matters as the Secretary of Defense deter- mines to be relevant. (c) CONSULTATION.—In developing the strategy and implementation plan required under subsection (a), the Secretary of Defense shall consult with the following: (1) The Chief Information Officer of the Department of Defense. (2) The Under Secretary of Defense for Research and Engineering. (3) The Under Secretary of Defense for Acquisition and Sustainment. (4) The Under Secretary of Defense for Intelligence. (5) Service Acquisition Executives of each military service. (d) PERIODIC BRIEFINGS.— (1) IN GENERAL.—Not later than March 15, 2020, and not less frequently than once every three months thereafter through March 15, 2022, the Secretary of Defense shall provide to the congressional defense committees a briefing on the develop- ment and implementation of the strategy required under sub- section (a), including an explanation of how the Department of Defense— (A) is using secure 5G wireless network technology; (B) is reshaping the Department’s policy for producing and procuring secure microelectronics; and (C) is working in the interagency and internationally to develop common policies and approaches. (2) ELEMENTS.—Each briefing under paragraph (1) shall include information on— (A) efforts to ensure a secure supply chain for 5G wireless network equipment and microelectronics; (B) the continued availability of electromagnetic spec- trum for warfighting needs; (C) planned implementation of 5G wireless network infrastructure in warfighting networks, base infrastructure, defense-related manufacturing, and logistics; (D) steps taken to work with allied and partner coun- tries to protect critical networks and supply chains; and (E) such other topics as the Secretary of Defense con- siders relevant. SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY STRATEGY. (a) DESIGNATION OF SENIOR OFFICIAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, S. 1790—92 acting through the Under Secretary of Defense for Research and Engineering and in consultation with the Under Secretary of Defense for Acquisition and Sustainment and appropriate public and private sector organizations, shall designate a single official or existing entity within the Department of Defense as the official or entity (as the case may be) with principal responsibility for guiding the development of science and technology activities related to next generation software and software reliant systems for the Department, including— (1) research and development activities on new technologies for the creation of highly secure, scalable, reliable, time-sen- sitive, and mission-critical software; (2) research and development activities on new approaches and tools to software development and deployment, testing, integration, and next generation software management tools to support the rapid insertion of such software into defense systems; (3) foundational scientific research activities to support advances in software; (4) technical workforce and infrastructure to support defense science and technology and software needs and mission requirements; (5) providing capabilities, including technologies, systems, and technical expertise to support improved acquisition of soft- ware reliant business and warfighting systems; and (6) providing capabilities, including technologies, systems, and technical expertise to support defense operational missions which are reliant on software. (b) DEVELOPMENT OF STRATEGY.—The official or entity des- ignated under subsection (a) shall develop a Department-wide strategy for the research and development of next generation soft- ware and software reliant systems for the Department of Defense, including strategies for— (1) types of software-related activities within the science and technology portfolio of the Department; (2) investment in new approaches to software development and deployment, and next generation management tools; (3) ongoing research and other support of academic, commercial, and development community efforts to innovate the software development, engineering, and testing process, automated testing, assurance and certification for safety and mission critical systems, large scale deployment, and sustainment; (4) to the extent practicable, implementing or continuing the implementation of the recommendations set forth in— (A) the final report of the Defense Innovation Board submitted to the congressional defense committees under section 872 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497); (B) the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems described in section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2223 note); and (C) other relevant studies on software research, development, and acquisition activities of the Department of Defense. S. 1790—93 (5) supporting the acquisition, technology development, testing, assurance, and certification and operational needs of the Department through the development of capabilities, including personnel and research and production infrastructure, and programs in— (A) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111– 84; 10 U.S.C. 2358 note)); (B) the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); (C) the Defense Advanced Research Projects Agency; and (D) universities, federally funded research and develop- ment centers, and service organizations with activities in software engineering; and (6) the transition of relevant capabilities and technologies to relevant programs of the Department, including software- reliant cyber-physical systems, tactical systems, enterprise sys- tems, and business systems. (c) SUBMITTAL TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the official or entity designated under subsection (a) shall submit to the congressional defense committees the strategy developed under subsection (b). SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY. (a) STRATEGY REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall develop a strategy for educating servicemembers in relevant occupa- tional fields on matters relating to artificial intelligence. (2) ELEMENTS.—The strategy developed under subsection (a) shall include a curriculum designed to give servicemembers a basic knowledge of artificial intelligence. The curriculum shall include instruction in— (A) artificial intelligence design; (B) software coding; (C) potential military applications for artificial intel- ligence; (D) the impact of artificial intelligence on military strategy and doctrine; (E) artificial intelligence decisionmaking via machine learning and neural networks; (F) ethical issues relating to artificial intelligence; (G) the potential biases of artificial intelligence; (H) potential weakness in artificial intelligence tech- nology; (I) opportunities and risks; and (J) any other matters the Secretary of Defense deter- mines to be relevant. (b) IMPLEMENTATION PLAN.—The Secretary of Defense shall develop a plan for implementing the strategy developed under sub- section (a). (c) SUBMITTAL TO CONGRESS.—Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees— (1) the strategy developed under subsection (a); and S. 1790—94 (2) the implementation plan developed under subsection (b). SEC. 257. 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 tech- nology 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 depart- ments. (C) The Director of Operational Test and Evaluation. (D) The Commander of the United States Cyber Com- mand. (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. (I) Such interagency partners as the Secretary con- siders appropriate. (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 shall submit to the congressional defense commit- tees 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 fol- lowing fiscal year. (2) CONTENTS.—Each report submitted pursuant to para- graph (1) shall include, for the period covered by the report, a description and listing of the science and technology activities S. 1790—95 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 to 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 cybersecu- rity workforce, including specific programs to support edu- cation, training, internships, and hiring. (G) Efforts to perform cooperative activities with inter- national partners. (H) Efforts under the Small Business Innovation Research and the Small Business Technology Transfer Pro- gram, including estimated amounts to be expected in 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. 258. REPORT ON B–52 COMMERCIAL ENGINE REPLACEMENT PRO- GRAM. (a) DOCUMENTATION REQUIRED.—The Secretary of the Air Force shall submit to the congressional defense committees a report on the B–52 commercial engine replacement program of the Air Force. (b) CONTENTS.—The report submitted under subsection (a) shall include the following: (1) The acquisition strategy of the Secretary for the pro- gram. (2) The cost and schedule estimates of the Secretary for the program. (3) The key performance parameters or equivalent require- ments document for the program. (4) The test and evaluation strategy of the Secretary for the program. (5) The logistics strategy of the Secretary for the program. (6) The post-production fielding strategy of the Secretary for the program. (7) An assessment of the potential for the commercial engine replacement to achieve nuclear system certification. (c) LIMITATION.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Air Force S. 1790—96 submits to the congressional defense committees the report required by subsection (a). SEC. 259. 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 tech- nologies 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 tech- nologies more broadly over the next four fiscal years where appropriate for— (A) command, control, communications, and intel- ligence systems; (B) logistics systems; and (C) other mission-critical systems. (4) A detailed description of the policies, procedures, budgets, and accelerated acquisition and contracting mecha- nisms of the Department for near-term insertion of commercial edge computing technologies and best practices into military mission-critical systems. SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTEL- LIGENCE CENTER. (a) REPORTS REQUIRED.—Not later than 180 days after the date of the enactment of this Act and biannually thereafter through the end of 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the Joint Artificial Intelligence Center (referred to in this section as the ‘‘Center’’). (b) ELEMENTS.—Each report under subsection (a) shall include the following: (1) Information relating to the mission and objectives of the Center. (2) A description of the National Mission Initiatives, Component Mission Initiatives, and any other initiatives of the Center, including a description of— (A) the activities carried out under the initiatives; (B) any investments made or contracts entered into under the initiatives; and (C) the progress of the initiatives. (3) A description of how the Center has sought to leverage lessons learned, share best practices, avoid duplication of S. 1790—97 efforts, and transition artificial intelligence research efforts into operational capabilities by— (A) collaborating with other organizations and elements of the Department of Defense, including the Defense Agen- cies and the military departments; and (B) deconflicting the activities of the Center with the activities of other organizations and elements of the Depart- ment. (4) A description of any collaboration between— (A) the Center and the private sector, national labora- tories, and academia; and (B) the Center and international allies and partners. (5) The total number of military, contractor, and civilian personnel who are employed by the Center, assigned to the Center, and performing functions in support of the Center. (6) A description of the organizational structure and staffing of the Center. (7) A detailed description of the frameworks, metrics, and capabilities established to measure the effectiveness of the Center and the Center’s investments in the National Mission Initiatives and Component Mission Initiatives. (8) A description of any new policies, standards, or guidance relating to artificial intelligence that have been issued by the Chief Information Officer of the Department. (9) Identification of any ethical guidelines applicable to the use of artificial intelligence by the Department. (10) A description of any steps taken by the Center to protect systems that use artificial intelligence from any attempts to misrepresent or alter information used or provided by artificial intelligence. (c) JOINT ARTIFICIAL INTELLIGENCE CENTER DEFINED.—In this section, the term ‘‘Joint Artificial Intelligence Center’’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232; 10 U.S.C. 2358 note). SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING VEHICLE PROGRAM. (a) IN GENERAL.—Beginning not later than December 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Assistant Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the progress of the Optionally Manned Fighting Vehicle program of the Army. (b) ELEMENTS.—Each briefing under subsection (a) shall include, with respect to the Optionally Manned Fighting Vehicle program, the following elements: (1) An overview of funding for the program, including identification of— (A) any obligations and expenditures that have been made under the program; and (B) any obligations and expenditures that are planned for the program. (2) An overview of the program schedule. (3) An assessment of the status of the program with respect to— S. 1790—98 (A) the development and approval of technical require- ments; (B) technological maturity; (C) testing; (D) delivery; and (E) program management. (4) Any other matters that the Assistant Secretary con- siders relevant to a full understanding of the status and plans of the program. (c) ASSISTANT SECRETARY DEFINED.—In this section, the term ‘‘Assistant Secretary’’ means the Assistant Secretary of the Army for Acquisition, Logistics, and Technology (or the designee of the Assistant Secretary), in consultation with the Commander of the Army Futures Command (or the designee of the Commander). SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MINORITY INSTITUTIONS. (a) STUDY REQUIRED.—The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this section as the ‘‘National Academies’’) under which the National Academies will conduct a study on the status of defense research at covered institu- tions and the methods and means necessary to advance research capacity at covered institutions to comprehensively address the national security and defense needs of the United States. (b) DESIGNATION.—The study conducted under subsection (a) shall be known as the ‘‘National Study on Defense Research At Historically Black Colleges and Universities and Other Minority Institutions’’. (c) ELEMENTS.—The study conducted under subsection (a) shall include an examination of each of the following: (1) The degree to which covered institutions are successful in competing for and executing Department of Defense contracts and grants for defense research. (2) Best practices for advancing the capacity of covered institutions to compete for and conduct research programs related to national security and defense. (3) The advancements and investments necessary to elevate covered institutions to R2 status or R1 status on the Carnegie Classification of Institutions of Higher Education, consistent with the criteria of the classification system. (4) The facilities and infrastructure for defense-related research at covered institutions as compared to the facilities and infrastructure at institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Education. (5) Incentives to attract, recruit, and retain leading research faculty to covered institutions. (6) Best practices of institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Edu- cation, including best practices with respect to— (A) the establishment of a distinct legal entity to— (i) enter into contracts or receive grants from the Department; (ii) lay the groundwork for future research opportunities; (iii) develop research proposals; S. 1790—99 (iv) engage with defense research funding organizations; and (v) execute the administration of grants; and (B) determining the type of legal entity, if any, to establish for the purposes described in subparagraph (A). (7) The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research. (8) The total amount of defense research funding awarded to all institutions of higher education, including covered institu- tions, through contracts and grants for each of fiscal years 2010 through 2019 and, with respect to each such institution— (A) whether the institution established a distinct legal entity to enter into contracts or receive grants from the Department and, if so, the type of legal entity that was established; (B) the total value of contracts and grants awarded to the institution of higher education for each of fiscal years 2010 through 2019; (C) the overhead rate of the institution of higher edu- cation for fiscal year 2019; (D) the institution’s classification on the Carnegie Classification of Institutions of Higher Education; and (E) whether the institution qualifies as a covered institution. (9) Recommendations for strengthening and enhancing the programs executed under section 2362 of title 10, United States Code. (10) Recommendations to enhance the capacity of covered institutions to transition research products into defense acquisi- tion programs or commercialization. (11) Previous executive or legislative actions by the Federal Government to address imbalances in Federal research funding, including such programs as the Defense Established Program to Stimulate Competitive Research (commonly known as ‘‘DEPSCoR’’). (12) The effectiveness of the Department in attracting and retaining students specializing in science, technology, engineering, and mathematics fields from covered institutions for the Department’s programs on emerging capabilities and technologies. (13) Recommendations for the development of incentives to encourage research and educational collaborations between covered institutions and other institutions of higher education. (14) Any other matters the Secretary of Defense determines to be relevant to advancing the defense research capacity of covered institutions. (d) REPORTS.— (1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the President and the appropriate congressional committees an initial report that includes— (A) the findings of the study conducted under sub- section (a); and (B) any recommendations that the National Academies may have for action by the executive branch and Congress to improve the participation of covered institutions in S. 1790—100 Department of Defense research and any actions that may be carried out to expand the research capacity of such institutions. (2) FINAL REPORT.—Not later than December 31, 2021, the Secretary of Defense shall submit to the President and the appropriate congressional committees a comprehensive report on the results of the study required under subsection (a). (3) FORM OF REPORTS.—Each report submitted under this subsection shall be made publicly available. (e) IMPLEMENTATION REQUIRED.— (1) IN GENERAL.—Except as provided in paragraph (2), not later than March 1, 2022, the Secretary of Defense shall com- mence implementation of each recommendation included in the final report submitted under subsection (d)(2). (2) EXCEPTIONS.— (A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommenda- tion described paragraph (1) later than March 1, 2022, if— (i) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary to delay implementation of the recommenda- tion; and (ii) includes, as part of such notice, a specific jus- tification for the delay in implementing the rec- ommendation. (B) NONIMPLEMENTATION.—The Secretary of Defense may elect not to implement a recommendation described in paragraph (1), if— (i) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary not to implement the recommendation; and (ii) includes, as part of such notice— (I) the reasons for the Secretary’s decision not to implement the recommendation; and (II) a summary of alternative actions the Sec- retary will carry out to address the purposes underlying the recommendation. (3) IMPLEMENTATION PLAN.—For each recommendation that the Secretary implements under this subsection, the Secretary shall submit to the congressional defense committees an implementation plan that includes— (A) a summary of actions that have been, or will be, carried out to implement the recommendation; and (B) a schedule, with specific milestones, for completing the implementation of the recommendation. (f) LIST OF COVERED INSTITUTIONS.—The Secretary of Defense, in consultation with the Secretary of Education and the Presidents of the National Academies, shall make available a list identifying each covered institution examined as part of the study under sub- section (a). The list shall be made available on a publicly accessible website and shall be updated not less frequently than once annually until the date on which the final report is submitted under sub- section (d)(2). (g) DEFINITIONS.—In this section: S. 1790—101 (1) The term ‘‘appropriate congressional committees’’ means— (A) the congressional defense committees; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) the Committee on Education and Labor of the House of Representatives. (2) The term ‘‘covered institution’’ means— (A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or (B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering. SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECH- NOLOGIES FOR THE DEPARTMENT OF DEFENSE. (a) STUDY REQUIRED.— (1) IN GENERAL.—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 emerging biotechnologies pertinent to national security. (2) PARTICIPATION.—Participants in the study shall include the following: (A) Such members of the Board as the Chairman of the Board considers appropriate for the study. (B) Such additional temporary members or contracted support as the Secretary— (i) selects from those recommended by the Chair- man for purposes of the study; and (ii) considers to have significant technical, policy, or military expertise. (3) ELEMENTS.—The study conducted pursuant to para- graph (1) shall include the following: (A) A review of the military understanding and rel- evancy of applications of emerging biotechnologies to national security requirements of the Department of Defense, including— (i) a review of all research and development relating to emerging biotechnologies within the Depart- ment of Defense, including areas that demand further priority and investment; (ii) a review of interagency cooperation and collaboration on research and development relating to emerging biotechnologies between— (I) the Department; (II) other departments and agencies in the Federal Government; and (III) appropriate private sector entities that are involved in research and development relating to emerging biotechnologies; (iii) an assessment of current biotechnology research in the commercial sector, institutions of higher education, the intelligence community, and S. 1790—102 civilian agencies of the Federal Government relevant to critical Department of Defense applications of this research; (iv) an assessment of the potential national secu- rity risks of emerging biotechnologies, including risks relating to foreign powers advancing their use of emerging biotechnologies for military applications and other purposes faster than the Department; and (v) an assessment of the knowledge base of the Department with respect to emerging biotechnologies, including scientific expertise and infrastructure in the Department and the capacity of the Department to integrate emerging biotechnologies into its operational concepts, capabilities, and forces. (B) An assessment of the technical basis within the Department used to inform the intelligence community of the Department’s collection and analysis needs relating to emerging biotechnologies. (C) Development of a recommendation on a definition of emerging biotechnologies, as appropriate for the Depart- ment. (D) Development of such recommendations as the Board may have for legislative or administrative action relating to national security emerging biotechnologies for the Department. (4) 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 thor- ough and independent analysis as required under this section. (5) REPORT.—(A) Not later than one year after the date on which the Secretary directs the Board to conduct the study pursuant to paragraph (1), the Board shall transmit to the Secretary a final report on the study. (B) Not later than 30 days after the date on which the Secretary receives the final report under subparagraph (A), the Secretary shall submit to the congressional defense commit- tees such report and such comments as the Secretary considers appropriate. (b) BRIEFING REQUIRED.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide the congressional defense committees a briefing on potential national security risks of emerging biotechnologies, including risks relating to foreign powers advancing their use of emerging biotech- nologies for military applications and other purposes faster than the Department. SEC. 264. INDEPENDENT STUDY ON OPTIMIZING RESOURCES ALLO- CATED TO COMBATING TERRORISM TECHNICAL SUPPORT OFFICE. (a) INDEPENDENT STUDY.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on the optimal use of resources allocated to the Combating Terrorism Technical Support Office. (b) ELEMENTS OF STUDY.—In carrying out the study referred to in subsection (a), the federally funded research and development S. 1790—103 center with which the Secretary enters into a contract under such subsection shall— (1) evaluate the current mission and organization of the Combating Terrorism Technical Support Office and its relation to the objectives outlined in the National Defense Strategy; (2) assess the extent to which the activities of the Com- bating Terrorism Technical Support Office are complementary to and coordinated with other relevant activities by other Department of Defense entities, including activities of the Under Secretary of Defense for Research and Engineering, the Under Secretary of Defense for Acquisition and Sustainment, United States Special Operations Command, and the military departments; and (3) identify opportunities to improve the efficiency and effectiveness of the Combating Terrorism Technical Support Office, including through increased coordination, realignment, or consolidation with other entities of the Department of Defense, if appropriate. (c) SUBMISSION TO DEPARTMENT OF DEFENSE.—Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of Defense a report on the results of the study in both classified and unclassified form. (d) SUBMISSION TO CONGRESS.—Not later than 30 days after the date on which the Secretary of Defense receives the report under subsection (c), the Secretary shall submit to the congressional defense committees an unaltered copy of the report in both classified and unclassified form, and such comments as the Secretary may have with respect to the report. SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND PROGRAMS. (a) ASSESSMENT.—Not later than 120 days after the date of the enactment of this Act and pursuant to the arrangement entered into under section 222, the Secretary of Defense shall seek to engage the private scientific advisory group known as ‘‘JASON’’ to carry out an independent assessment of electronic warfare plans and programs. (b) ELEMENTS.—In carrying out the assessment under sub- section (a), JASON shall— (1) assess the strategies, programs, order of battle, and doctrine of the Department of Defense related to the electronic warfare mission area and electromagnetic spectrum operations; (2) assess the strategies, programs, order of battle, and doctrine of potential adversaries, such as China, Iran, and the Russian Federation, related to the such mission area and operations; (3) develop recommendations for improvements to the strategies, programs, and doctrine of the Department of Defense in order to enable the United States to achieve and maintain superiority in the electromagnetic spectrum in future conflicts; and (4) develop recommendations for the Secretary of Defense, Congress, and such other Federal entities as JASON considers appropriate, including recommendations for— (A) closing technical, policy, or resource gaps; S. 1790—104 (B) improving cooperation and appropriate integration within the Department of Defense entities; (C) improving cooperation between the United States and other countries and international organizations as appropriate; and (D) such other important matters identified by JASON that are directly relevant to the strategies of the Depart- ment of Defense described in paragraph (3). (c) LIAISONS.—The Secretary of Defense shall appoint appro- priate liaisons to JASON to support the timely conduct of the services covered by this section. (d) MATERIALS.—The Secretary of Defense shall provide access to JASON to materials relevant to the services covered by this section, consistent with the protection of sources and methods and other critically sensitive information. (e) CLEARANCES.—The Secretary of Defense shall ensure that appropriate members and staff of JASON have the necessary clear- ances, obtained in an expedited manner, to conduct the services covered by this section. (f) REPORT.—Not later than October 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the assessment carried out under sub- section (a), including— (1) the results of the assessment with respect to each element described in subsection (b); (2) the recommendations developed by JASON pursuant to such subsection. (g) RELATIONSHIP TO OTHER LAW.—The assessment required under subsection (a) is separate and independent from the assess- ment described in section 255 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232; 132 Stat. 1705) and shall be carried out without regard to any agreement entered into under that section or the results of any assessment conducted pursuant to such agreement. SEC. 266. 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 Sec- retary of Defense for Research and Engineering’’; and (3) in subsection (d), by striking ‘‘Assistant Secretary’’ both places it appears and inserting ‘‘Under Secretary’’. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness. S. 1790—105 Sec. 312. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness. Sec. 313. Use of proceeds from sale of recyclable materials. Sec. 314. Disposal of recyclable materials. Sec. 315. Department of Defense improvement of previously conveyed utility sys- tems serving military installations. Sec. 316. Modification of Department of Defense environmental restoration authori- ties to include Federal Government facilities used by National Guard. Sec. 317. Use of operational energy cost savings of Department of Defense. Sec. 318. Sale of electricity from alternate energy and cogeneration production fa- cilities. Sec. 319. Energy resilience programs and activities. Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions relating to energy. Sec. 321. Transfer authority for funding of study and assessment on health implica- tions of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry. Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent. Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations. Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training exercises. Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter aircraft operate. Sec. 326. Development of extreme weather vulnerability and risk assessment tool. Sec. 327. Removal of barriers that discourage investments to increase military in- stallation resilience. Sec. 328. Budgeting of Department of Defense relating to extreme weather. Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances in Meals Ready-to-Eat Food Packaging. Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or aqueous film-forming foam. Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and polyfluoroalkyl substances and other contaminants of concern. Sec. 332. Cooperative agreements with States to address contamination by perfluoroalkyl and polyfluoroalkyl substances. Sec. 333. Plan to phase out use of burn pits. Sec. 334. Information relating to locations of burn pit use. Sec. 335. Data quality review of radium testing conducted at certain locations of the Department of the Navy. Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in connection with the Twin Cities Army Ammunition Plant, Minnesota. Sec. 337. Pilot program for availability of working-capital funds for increased com- bat capability through energy optimization. Sec. 338. Report on efforts to reduce high energy intensity at military installations. Subtitle C—Treatment of Contaminated Water Near Military Installations Sec. 341. Short title. Sec. 342. Definitions. Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) for agricultural purposes. Sec. 344. Acquisition of real property by Air Force. Sec. 345. Remediation plan. Subtitle D—Logistics and Sustainment Sec. 351. Materiel readiness metrics and objectives. Sec. 352. Clarification of authority regarding use of working-capital funds for un- specified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities. Sec. 353. Modification to limitation on length of overseas forward deployment of naval vessels. Sec. 354. Extension of temporary installation reutilization authority for arsenals, depots, and plants. Sec. 355. F–35 Joint Strike Fighter sustainment. Sec. 356. Report on strategic policy for prepositioned materiel and equipment. Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills. Sec. 358. Requirement for military department inter-service depot maintenance. Sec. 359. Strategy to improve infrastructure of certain depots of the Department of Defense. Subtitle E—Reports Sec. 361. Readiness reporting. S. 1790—106 Sec. 362. Technical correction to deadline for transition to Defense Readiness Re- porting System Strategic. Sec. 363. Report on Navy ship depot maintenance budget. Sec. 364. Report on Runit Dome. Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units. Sec. 366. Requirement to include foreign language proficiency in readiness report- ing systems of Department of Defense. Subtitle F—Other Matters Sec. 371. Prevention of encroachment on military training routes and military oper- ations areas. Sec. 372. Expansion and enhancement of authorities on transfer and adoption of military animals. Sec. 373. Extension of authority for Secretary of Defense to use Department of De- fense reimbursement rate for transportation services provided to certain non-Department of Defense entities. Sec. 374. Extension of authority of Secretary of Transportation to issue non-pre- mium aviation insurance. Sec. 375. Defense personal property program. Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility. Sec. 377. Sense of Congress regarding Innovative Readiness Training program. Sec. 378. Detonation chambers for explosive ordnance disposal. 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. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS FOR ENERGY PROJECTS THAT MAY HAVE AN ADVERSE IMPACT ON MILITARY OPERATIONS AND READINESS. Section 183a(c)(1) of title 10, United States Code, is amended by striking ‘‘60 days’’ and inserting ‘‘75 days’’. SEC. 312. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM APPLICANTS FOR ENERGY PROJECTS FOR MITIGATION OF IMPACTS ON MILITARY OPERATIONS AND READINESS. Section 183a(f) of title 10, United States Code, is amended by striking ‘‘for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49’’ and inserting ‘‘for an energy project’’. SEC. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS. Section 2577(c) of title 10, United States Code, is amended by striking ‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’. SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS. Section 2577(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) In this section, the term ‘recyclable materials’ may include any quality recyclable material provided to the Department by a State or local government entity, if such material is authorized S. 1790—107 by the Office of the Secretary of Defense and identified in the regulations prescribed under paragraph (1).’’. SEC. 315. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY CONVEYED UTILITY SYSTEMS SERVING MILITARY INSTALLATIONS. Section 2688 of title 10, United States Code, is amended— (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new sub- section (k): ‘‘(k) IMPROVEMENT OF CONVEYED UTILITY SYSTEMS.—In the case of a utility system that is conveyed under this section and that only provides utility services to a military installation, the Secretary concerned may use amounts authorized to be appropriated for mili- tary construction to improve the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.’’. SEC. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRON- MENTAL RESTORATION AUTHORITIES TO INCLUDE FED- ERAL GOVERNMENT FACILITIES USED BY NATIONAL GUARD. (a) IN GENERAL.—Section 2707 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) AUTHORITY FOR NATIONAL GUARD PROJECTS.—Notwith- standing subsection (a) of this section and section 2701(c)(1) of this title, the Secretary concerned may use funds described in subsection (c) to carry out an environmental restoration project at a facility in response to perfluorooctanoic acid or perfluorooctane sulfonate contamination under this chapter or CERCLA.’’. (b) DEFINITION OF FACILITY.—Section 2700(2) of such title 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).’’. (c) INCLUSION OF POLLUTANTS AND CONTAMINANTS IN ENVIRON- MENTAL RESPONSE ACTIONS.—Section 2701(c) of such title is amended by inserting ‘‘or pollutants or contaminants’’ after ‘‘haz- ardous substances’’ each place it appears. (d) SAVINGS CLAUSE.—Nothing in this section, or the amend- ments made by this section, shall affect any requirement or authority under the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPART- MENT 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’’; S. 1790—108 (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following new sub- section (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 Depart- ment shall be used for the implementation of additional operational energy resilience, efficiencies, mission assurance, energy conserva- tion, or energy security within the department, agency, or instrumentality that realized that savings.’’. SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION PRODUCTION FACILITIES. Section 2916(b)(3)(B) of title 10, United States Code, is amended— (1) by striking ‘‘shall be available’’ and all that follows and inserting ‘‘shall be provided directly to the commander of the military installation in which the geothermal energy resource is located to be used for—’’; and (2) by adding at the end the following new clauses: ‘‘(i) military construction projects described in para- graph (2) that benefit the military installation where the geothermal energy resource is located; or ‘‘(ii) energy or water security projects that— ‘‘(I) benefit the military installation where the geo- thermal energy resource is located; ‘‘(II) the commander of the military installation determines are necessary; and ‘‘(III) are directly coordinated with local area energy or groundwater governing authorities.’’. SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES. (a) MODIFICATION OF ANNUAL ENERGY MANAGEMENT AND RESIL- IENCE 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 commit- tees 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. S. 1790—109 (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 accom- plishment of energy resilience goals and objectives. (c) ESTABLISHMENT OF TARGETS FOR WATER USE.—The Sec- retary 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 con- servation 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 fea- tures on installations of the Department to help with storm water and wastewater management. SEC. 320. 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 installa- tions (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 S. 1790—110 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 AMEND- MENTS 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 consump- tion of energy, the future demand for energy, and the require- ment for the use of energy. ‘‘(2) Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations.’’; and (2) by striking the second paragraph (13). (c) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of section 2926 of such title is amended to read as follows: ‘‘§ 2926. Operational energy’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 173 of such title is amended by striking the item relating to section 2926 and inserting the following new item: ‘‘2926. Operational energy.’’. SEC. 321. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESS- MENT 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. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT. (a) USE OF FLUORINE-FREE FOAM AT MILITARY INSTALLATIONS.— (1) MILITARY SPECIFICATION.—Not later than January 31, 2023, the Secretary of the Navy shall publish a military speci- fication for a fluorine-free fire-fighting agent for use at all military installations and ensure that such agent is available for use by not later than October 1, 2023. (2) REPORT TO CONGRESS.—Concurrent with publication of the military specification under paragraph (1), the Secretary of Defense shall submit to the congressional defense committees a report containing a detailed plan for implementing the transi- tion to a fluorine-free fire-fighting agent by not later than October 1, 2023. The report shall include— (A) a detailed description of the progress of the Depart- ment of Defense to identify a fluorine-free fire-fighting agent for use as a replacement fire-fighting agent at mili- tary installations; S. 1790—111 (B) a description of any technology and equipment required to implement the replacement fire-fighting agent; (C) funding requirements, by fiscal year, to implement the replacement fire-fighting agent, including funding for the procurement of a replacement fire-fighting agent, required equipment, and infrastructure improvements; (D) a detailed timeline of remaining required actions to implement such replacement. (b) LIMITATION.—No amount authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended after October 1, 2023, to procure fire-fighting foam that contains in excess of one part per billion of perfluoroalkyl substances and polyfluoroalkyl substances. (c) PROHIBITION ON USE.—Fluorinated aqueous film-forming foam may not be used at any military installation on or after the earlier of the following dates: (1) October 1, 2024. (2) The date on which the Secretary determines that compli- ance with the prohibition under this subsection is possible. (d) EXEMPTION FOR SHIPBOARD USE.—Subsections (b) and (c) shall not apply to firefighting foam for use solely onboard ocean- going vessels. (e) WAIVER.— (1) IN GENERAL.—Subject to the limitations under para- graph (2), the Secretary of Defense may waive the prohibition under subsection (c) with respect to the use of fluorinated aqueous film-forming foam, if, by not later than 60 days prior to issuing the waiver, the Secretary— (A) provides to the congressional defense committees a briefing on the basis for the waiver and the progress to develop and field a fluorine-free fire-fighting agent that meets the military specifications issued pursuant to sub- section (a), which includes— (i) detailed data on the progress made to identify a replacement fluorine-free fire-fighting agent; (ii) a description of the range of technology and equipment-based solutions analyzed to implement replacement; (iii) a description of the funding, by fiscal year, applied towards research, development, test, and evaluation of replacement firefighting agents and equipment-based solutions; (iv) a description of any completed and projected infrastructure changes; (v) a description of acquisition actions made in support of developing and fielding the fluorine-free fire- fighting agent; (vi) an updated timeline for the completion of the transition to use of the fluorine-free fire-fighting agent; and (vii) a list of the categories of installation infra- structure or specific mobile firefighting equipment sets that require the waiver along with the justification; (B) submits to the congressional defense committees certification in writing, that— (i) the waiver is necessary for either installation infrastructure, mobile firefighting equipment, or both; S. 1790—112 (ii) the waiver is necessary for the protection of life and safety; (iii) no agent or equipment solutions are available that meet the military specific issued pursuant to sub- section (a); (iv) the military specification issued pursuant to subsection (a) is still valid and does not require revi- sion; and (v) includes details of the measures in place to minimize the release of and exposure to fluorinated compounds in fluorinated aqueous film-forming foam; and (C) provides for public notice of the waiver. (2) LIMITATION.—The following limitations apply to a waiver issued under this subsection: (A) Such a waiver shall apply for a period that does not exceed one year. (B) The Secretary may extend such a waiver once for an additional period that does not exceed one year, if the requirements under paragraph (1) are met as of the date of the extension of the waiver. (C) The authority to grant a waiver under this sub- section may not be delegated below the level of the Sec- retary of Defense. (f) DEFINITIONS.—In this section: (1) The term ‘‘perfluoroalkyl substances’’ means aliphatic substances for which all of the H atoms attached to C atoms in the nonfluorinated substance from which they are notionally derived have been replaced by F atoms, except those H atoms whose substitution would modify the nature of any functional groups present. (2) The term ‘‘polyfluoroalkyl substances’’ means aliphatic substances for which all H atoms attached to at least one (but not all) C atoms have been replaced by F atoms, in such a manner that they contain the perfluoroalkyl moiety CnF2n+1l (for example, C8F17CH2CH2OH). SEC. 323. PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED AQUEOUS FILM-FORMING FOAM AT MILI- TARY INSTALLATIONS. (a) PROHIBITION.—Except as provided by subsection (b), the Secretary of Defense shall prohibit the uncontrolled release of fluorinated aqueous film-forming foam (hereinafter in this section referred to as ‘‘AFFF’’) at military installations. (b) EXCEPTIONS.—Notwithstanding subsection (a), fluorinated AFFF may be released at military installations as follows: (1) AFFF may be released for purposes of an emergency response. (2) A non-emergency release of AFFF may be made for the purposes of testing of equipment or training of personnel, if complete containment, capture, and proper disposal mecha- nisms are in place to ensure no AFFF is released into the environment. S. 1790—113 SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING FOAM FOR TRAINING EXERCISES. The Secretary of Defense shall prohibit the use of fluorinated aqueous film forming foam for training exercises at military installa- tions. SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT OPERATE. (a) MONITORING.—The Secretary of the Navy shall conduct real-time sound-monitoring at no fewer than two Navy installations and their associated outlying landing fields on the west coast of the United States where Navy combat coded F/A–18, E/A–18G, or F–35 aircraft are based and operate and noise contours have been developed through noise modeling. Sound monitoring under such study shall be conducted— (1) during times of high, medium, and low activity over the course of a 12-month period; and (2) along and in the vicinity of flight paths used to approach and depart the selected installations and their outlying landing fields. (b) PLAN FOR ADDITIONAL MONITORING.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a plan for real-time sound monitoring described in subsection (a) in the vicinity of training areas predominantly overflown by tactical fighter aircraft from the selected installations and outlying landing fields, including training areas that consist of real property adminis- tered by the Federal Government (including Department of Defense, Department of Interior, and Department of Agriculture), State and local governments, and privately owned land with the permission of the owner. (c) REPORT REQUIRED.—Not later than December 1, 2020, the Secretary of the Navy shall submit to the congressional defense committees a report on the monitoring required under subsection (a). Such report shall include— (1) the results of such monitoring; (2) a comparison of such monitoring and the noise contours previously developed with the analysis and modeling methods previously used; (3) an overview of any changes to the analysis and modeling process that have been made or are being considered as a result of the findings of such monitoring; and (4) any other matters that the Secretary determines appro- priate. (d) PUBLIC AVAILABILITY OF MONITORING RESULTS.—The Sec- retary shall make the results of the monitoring required under subsection (a) publicly available on a website of the Department of Defense. SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND RISK ASSESSMENT TOOL. (a) IN GENERAL.—The Secretary of Defense shall consult with the entities described in subsection (b) to determine whether an existing climate vulnerability and risk assessment tool is available or can be adapted to be used to quantify the risks associated with extreme weather events and the impact of such events on S. 1790—114 networks, systems, installations, facilities, and other assets to inform mitigation planning and infrastructure development. (b) CONSULTATION.—In determining the availability of an appro- priate tool to use or adapt for use under subsection (a), the Secretary shall consult with the Administrator of the Environmental Protec- tion Agency, the Secretary of Energy, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engi- neers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate. (c) BEST AVAILABLE SCIENCE.—Before choosing a tool for use or adaptation for use under subsection (a), the Secretary shall obtain from a federally funded research and development center with which the Secretary has consulted under subsection (b) a certification in writing that the tool relies on the best publicly available science for the prediction of extreme weather risk and effective mitigation of that risk. (d) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congres- sional defense committees a report on the implementation of this section. Such report shall include— (1) in the case that a tool has been chosen under subsection (a) before the date of the submittal of the report, a description of the tool and how such tool will be used by the Department; or (2) in the case that the Secretary determines that no avail- able tool meets the requirements of the Department as described in subsection (a) or is readily adaptable for use, a plan for the development of such a tool, including the esti- mated cost and timeframe for development of such a tool. SEC. 327. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO INCREASE MILITARY INSTALLATION RESILIENCE. (a) IN GENERAL.—The Secretary of Defense shall— (1) identify and seek to remove barriers that discourage investments to increase military installation resilience; (2) reform policies and programs that unintentionally increased the vulnerability of systems to related extreme weather events; and (3) develop, and update at least once every four years, an adaptation plan to assess how climate impacts affected the ability of the Department of Defense to accomplish its mission, and the short-and long- term actions the Department can take to ensure military installation resilience. (b) MILITARY INSTALLATION RESILIENCE.—In this section, the term ‘‘military installation resilience’’ has the meaning given such term in section 101(e)(8) of title 10, United States Code. SEC. 328. 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, S. 1790—115 systems, installations, facilities, and other assets and capabili- ties of the Department of Defense; and (2) an estimate of the anticipated adverse impacts to the readiness of the Department and the financial costs to the Department during the year covered by the budget of the loss of, or damage to, military networks, systems, installations, facilities, and other assets and capabilities of the Department, including loss of or obstructed access to training ranges, as a result extreme weather events. (b) DISAGGREGATION OF IMPACTS AND COSTS.—The estimate under subsection (a)(2) shall set forth the adverse readiness impacts and financial costs under that subsection by military department, Defense Agency, and other component or element of the Depart- ment. (c) EXTREME WEATHER DEFINED.—In this section, the term ‘‘extreme weather’’ means recurrent flooding, drought, desertification, wildfires, and thawing permafrost. SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO- EAT FOOD PACKAGING. (a) PROHIBITION.—Not later than October 1, 2021, the Director of the Defense Logistics Agency shall ensure that any food contact substances that are used to assemble and package meals ready- to-eat (MREs) procured by the Defense Logistics Agency do not contain any perfluoroalkyl substances or polyfluoroalkyl substances. (b) DEFINITIONS.—In this section: (1) PERFLUOROALKYL SUBSTANCE.—The term ‘‘perfluoroalkyl substance’’ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) POLYFLUOROALKYL SUBSTANCE.—The term ‘‘polyfluoroalkyl substance’’ means a man-made chemical con- taining a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM- FORMING FOAM. (a) IN GENERAL.—The Secretary of Defense shall ensure that when materials containing per- and polyfluoroalkyl substances (referred to in this section as ‘‘PFAS’’) or aqueous film forming foam (referred to in this section as ‘‘AFFF’’) are disposed— (1) all incineration is conducted at a temperature range adequate to break down PFAS chemicals while also ensuring the maximum degree of reduction in emission of PFAS, including elimination of such emissions where achievable; (2) all incineration is conducted in accordance with the requirements of the Clean Air Act (42 USC 7401 et seq.), including controlling hydrogen fluoride; (3) any materials containing PFAS that are designated for disposal are stored in accordance with the requirement under part 264 of title 40, Code of Federal Regulations; and (4) all incineration is conducted at a facility that has been permitted to receive waste regulated under subtitle C of the Solid Waste Disposal Act (42 USC 6921 et seq.). (b) SCOPE OF APPLICATION.—The requirements in subsection (a) only apply to all legacy AFFF formulations containing PFAS, S. 1790—116 materials contaminated by AFFF release, and spent filters or other PFAS contaminated materials resulting from site remediation or water filtration that— (1) have been used by the Department of Defense or a military department; or (2) are being discarded for disposal by means of incineration by the Department of Defense or a military department; or (3) are being removed from sites or facilities owned or operated by the Department of Defense. SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND OTHER CONTAMINANTS OF CONCERN. (a) IN GENERAL.—The Secretary of Defense shall seek to enter into agreements with municipalities or municipal drinking water utilities located adjacent to military installations under which both the Secretary and the municipalities and utilities would share moni- toring data relating to perfluoroalkyl substances, polyfluoroalkyl substances, and other emerging contaminants of concern collected at the military installation. (b) PUBLICLY AVAILABLE WEBSITE.—The Secretary of Defense shall maintain a publicly available website that provides a clearing- house for information about the exposure of members of the Armed Forces, their families, and their communities to per- and polyfluoroalkyl substances. The information provided on the website shall include information on testing, clean-up, and recommended available treatment methodologies. (c) PUBLIC COMMUNICATION.—An agreement under subsection (a) does not negate the responsibility of the Secretary to commu- nicate with the public about drinking water contamination from perfluoroalkyl substances, polyfluoroalkyl substances, and other contaminants. (d) 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. SEC. 332. 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 expedi- tiously, 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 decommis- sioned military installation, including a facility of the National Guard. (2) MINIMUM STANDARDS.—A cooperative agreement final- ized or amended under paragraph (1) shall meet or exceed the most stringent of the following standards for PFAS in any environmental media: S. 1790—117 (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 Environ- mental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)). (B) An enforceable Federal standard for drinking, sur- face, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensa- tion, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)). (C) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)). (3) OTHER AUTHORITY.—In addition to the requirements for a cooperative agreement under paragraph (1), when other- wise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated com- pound, the Secretary of Defense may, to expend those funds, enter into a grant agreement, cooperative agreement, or con- tract with— (A) the local water authority with jurisdiction over the contamination site, including— (i) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and (ii) a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or (B) a State, local, or Tribal government. (b) REPORT.—Beginning on February 1, 2020, if a cooperative agreement is not finalized or amended under subsection (a) within one year after the request from the Governor or chief executive under that subsection, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees and Members of Congress a report— (1) explaining why the agreement has not been finalized or amended, as the case may be; and (2) setting forth a projected timeline for finalizing or amending the agreement. (c) DEFINITIONS.—In this section: (1) APPROPRIATE COMMITTEES AND MEMBERS OF CON- GRESS.—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). S. 1790—118 SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS. 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 phase out the use of the burn pits identified in the Department of Defense Open Burn Pit Report to Congress dated April 2019. SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE. The Secretary of Defense shall provide to the Secretary of Veterans Affairs and to Congress a list of all locations where open- air burn pits have been used by the Secretary of Defense, for the purposes of augmenting the research, healthcare delivery, dis- ability compensation, and other activities of the Secretary of Vet- erans Affairs. SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED AT CERTAIN LOCATIONS OF THE DEPARTMENT OF THE NAVY. (a) REVIEW OF RADIUM TESTING.—Except as provided in sub- section (b), the Secretary of the Navy shall provide for an inde- pendent third-party data quality review of all radium testing com- pleted by contractors of the Department of the Navy at a covered location. (b) EXCEPTION.—In the case of a covered location for which an independent third-party data quality review of all radium testing completed by contractors of the Department has been conducted prior to the date of the enactment of this Act, the requirement under subsection (a) shall not apply if the Secretary of the Navy submits to the congressional defense committees a report con- taining— (1) a certification that such review has been conducted for such covered location; and (2) a description of the results of such review. (c) COVERED LOCATION DEFINED.—In this section, the term ‘‘covered location’’ means any of the following: (1) Naval Weapons Industrial Reserve Plant, Bethpage, New York. (2) Hunter’s Point Naval Shipyard, San Francisco, Cali- fornia. SEC. 336. 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 Environ- mental 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 inter- agency agreement entered into by the Department of the Army S. 1790—119 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. 337. 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 tech- nologies 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 perform- ance 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 pre- ceding 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 pursu- ant 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. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT MILITARY INSTALLATIONS. (a) REPORT.— S. 1790—120 (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 sup- porting 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 Pro- gram 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 ENTI- TIES.—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 inten- sity’’ 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. Subtitle C—Treatment of Contaminated Water Near Military Installations SEC. 341. SHORT TITLE. This subtitle may be cited as the ‘‘Prompt and Fast Action to Stop Damages Act of 2019’’. SEC. 342. DEFINITIONS. In this subtitle: (1) PFOA.—The term ‘‘PFOA’’ means perfluorooctanoic acid. S. 1790—121 (2) PFOS.—The term ‘‘PFOS’’ means perfluorooctane sulfonate. SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICUL- TURAL PURPOSES. (a) AUTHORITY.— (1) IN GENERAL.—Using amounts authorized to be appro- priated or otherwise made available for operation and mainte- nance 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 sub- stances, including PFOA and PFOS, or treatment of contami- nated waters, for agricultural purposes used to produce prod- ucts 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 Administra- tion sets a standard for PFOA and PFOS in raw agricul- tural 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. 344. 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 infra- structure 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 pur- chase improvements and personal property located on that real property. S. 1790—122 (3) RELOCATION EXPENSES.—The authority under para- graph (1) to acquire real property described in that paragraph shall include the authority to provide Federal financial assist- ance 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. 345. 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 installation 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 installations 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 nec- essary to address remediation efforts under the remediation plan submitted under subsection (a). Subtitle D—Logistics and Sustainment SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES. (a) ANNUAL REPORT ON MAJOR WEAPONS SYSTEMS SUSTAINMENT.— (1) IN GENERAL.—Chapter 2 of title 10, United States Code, is amended by inserting after section 117 the following new section: ‘‘§ 118. Annual report on major weapons systems sustainment ‘‘Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report on major weapons systems sustainment for the period covered by the future years defense program specified by section 221 of this title. Such report shall include— ‘‘(1) an assessment of the materiel availability, materiel reliability, and mean down time metrics for each major weapons system; S. 1790—123 ‘‘(2) a detailed explanation of any factors that could pre- clude the Department of Defense or any of the military depart- ments from meeting applicable readiness goals or objectives; and ‘‘(3) an assessment of the validity and effectiveness of the definitions used to determine defense readiness, including the terms ‘major weapons system’, ‘covered asset’, ‘total and required inventory’, ‘materiel and operational availability’, ‘materiel and operational capability’, ‘materiel and operational reliability’.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 117 the following new item: ‘‘118. Annual report on major weapons systems sustainment.’’. (b) ASSESSMENT OF MATERIEL READINESS AND WEAPONS SYSTEM SUSTAINMENT.— (1) ASSESSMENT REQUIRED.—Not later than March 1, 2020, the Secretary of Defense shall complete a comprehensive assess- ment of the materiel readiness and weapons systems sustainment of the Department of Defense across the Depart- ment organic industrial base and industry partners. (2) CONTENTS.—The assessment required by paragraph (1) shall include— (A) an assessment of the overall readiness strategy of the Department of Defense and the capability of such strategy to measure, track, and assess the readiness of major weapons systems; (B) an assessment of the use of objectives and metrics; (C) a description of applicable reporting requirements; and (D) applicable definitions and common usage of rel- evant terms, including the terms ‘‘major weapons system’’, ‘‘covered asset’’, ‘‘total and required inventory’’, ‘‘materiel and operational availability’’, ‘‘materiel and operational capability’’, ‘‘materiel and operational reliability’’, and ‘‘maintenance costs’’. (3) SUBMISSION TO CONGRESS.—The Secretary shall provide to the congressional defense committees— (A) a briefing on the assessment required by paragraph (1) by not later than March 1, 2020; and (B) a final report on such assessment by not later than April 1, 2020. SEC. 352. CLARIFICATION OF AUTHORITY REGARDING USE OF WORKING-CAPITAL FUNDS FOR UNSPECIFIED MINOR MILI- TARY CONSTRUCTION PROJECTS RELATED TO REVITAL- IZATION AND RECAPITALIZATION OF DEFENSE INDUS- TRIAL BASE FACILITIES. Section 2208(u) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘carry out’’ and inserting ‘‘fund’’; (2) in paragraph (2)— (A) by striking ‘‘Section 2805’’ and inserting ‘‘(A) Except as provided in subparagraph (B), section 2805’’; (B) by striking ‘‘carried out with’’ and inserting ‘‘funded using’’; and S. 1790—124 (C) by adding at the end the following new subpara- graph: ‘‘(B) For purposes of applying subparagraph (A), the dollar limitation specified in subsection (a)(2) of section 2805 of this title, subject to adjustment as provided in subsection (f) of such section, shall apply rather than the dollar limitation specified in subsection (c) of such section.’’; and (3) in paragraph (4), by striking ‘‘carry out’’ and inserting ‘‘fund’’. SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOYMENT OF NAVAL VESSELS. Section 323 of the John S. McCain National Defense Authoriza- tion 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 sub- section (c): ‘‘(c) EXTENSION OF LIMITATION ON LENGTH OF OVERSEAS FOR- WARD 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.’’. SEC. 354. 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 ‘‘Sep- tember 30, 2025’’. SEC. 355. F–35 JOINT STRIKE FIGHTER SUSTAINMENT. (a) LIMITATION ON USE OF FUNDS.—Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Under Sec- retary submits the report required by subsection (b). (b) REPORT REQUIRED.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on steps being taken to improve the availability and account- ability of F–35 parts within the supply chain. At a minimum, the report shall include a detailed plan for each of the following elements: (1) How the accountable property system of record will be updated with information from the prime contractors sup- plying such parts on required cost and related data with respect to the parts and how the F–35 Program Office will ensure such contractors are adhering to contractual requirements for the management, reporting, visibility, and accountability of all such parts supplied by the prime contractors. (2) How the accountability property system of record will have interfaces that allow the F–35 Program Office and other authorized entities to have proper accountability of assets in accordance with applicable Department of Defense Instructions, Department of Defense Manuals, and other applicable regula- tions. S. 1790—125 (3) How the F–35 Program Office, in coordination with the military departments, will ensure business rules for the prioritization of F–35 parts across all program participants are sufficient, effective, and responsive. (4) Steps being taken to ensure parts within the base, afloat, and deployment spares packages are compatible for deploying F–35 aircraft and account for updated parts demand. SEC. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATE- RIEL AND EQUIPMENT. Not later than March 1, 2020, the Assistant Secretary of Defense for Sustainment, in coordination with the Joint Staff, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation plan for prepositioned materiel and equipment required by section 321(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the following: (1) A comprehensive list of the prepositioned materiel and equipment programs of the Department of Defense. (2) A detailed description of how the plan will be imple- mented. (3) A description of the resources required to implement the plan, including the amount of funds and personnel. (4) A description of how the plan will be reviewed and assessed to monitor progress. (5) Guidance on applying a consistent definition of prepositioning across the Department, including the military departments, the combatant commands, and the Defense Agen- cies. (6) A detailed description of how the Secretary will imple- ment a joint oversight approach of the prepositioning programs of the military departments. SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRIT- ICAL SHIPBUILDING SKILLS. (a) ESTABLISHMENT.—The Secretary of the Navy may carry out a pilot program to train individuals to become skilled techni- cians in critical shipbuilding skills such as welding, metrology, quality assurance, machining, and additive manufacturing. (b) PARTNERSHIPS.—In carrying out the pilot program under this section, the Secretary may partner with existing Federal or State projects relating to investment and infrastructure in training and education or workforce development, such as the National Network for Manufacturing Innovation, the Industrial Base Anal- ysis and Sustainment program of the Department of Defense, and the National Maritime Educational Council. (c) TERMINATION.—The authority to carry out a pilot program under this section shall terminate on September 30, 2025. (d) BRIEFINGS.—If the Secretary carries out a pilot program under this section, the Secretary shall provide briefings to the Committees on Armed Services of the Senate and the House of Representatives as follows: (1) Not later than 30 days before beginning to implement the pilot program, the Secretary shall provide a briefing on the plan, cost estimate, and schedule for the pilot program. (2) Not less frequently than annually during the period when the pilot program is carried out, the Secretary shall S. 1790—126 provide briefings on the progress of the Secretary in carrying out the pilot program. SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE DEPOT MAINTENANCE. (a) JOINT PROCESS FOR TECHNICAL COMPLIANCE AND QUALITY CONTROL.—If the Secretary of a military department transfers any maintenance action on a platform to a depot under the jurisdiction of the Secretary of another military department, the two Secretaries shall develop and implement a process to ensure the technical compliance and quality control for the work performed. (b) REQUIREMENTS.—A process developed under subsection (a) shall include the following requirements— (1) The Secretary of the military department with jurisdic- tion over the depot to which the maintenance action is trans- ferred shall— (A) ensure that the technical specifications, require- ments, and standards for work to be performed are provided to such action or depot; and (B) implement procedures to ensure that completed work complies with such specifications, requirements and standards. (2) The Secretary who transfers the maintenance activity or depot shall ensure that— (A) the technical specifications and requirements are clearly understood; and (B) the work performed is completed to the technical specifications, requirements, and standards prescribed under paragraph (1), and that the Secretary of the military department with jurisdiction over the depot is informed of any shortcoming or discrepancy. (c) REPORTS.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisi- tion and Sustainment shall submit to the congressional defense committees a report containing a certification that sufficient policy and procedures are in place to ensure quality control when the depot or maintenance activities of one military department support another. The report shall include a description of known shortfalls in existing policies and procedures and actions the Department of Defense is taking to address such shortfalls. SEC. 359. 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 infra- structure 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 perform- ance 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. S. 1790—127 (ii) Material availability of weapon systems sup- ported 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. (vii) the vulnerability of the depot to adverse environmental conditions and, if necessary, the invest- ment required to withstand those conditions. (B) An identification of analytically based goals relating to the elements identified in subparagraph (A). (2) A business-case analysis that assesses investment alter- natives comparing cost, performance, risk, and readiness out- comes 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 invest- ment 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 mis- sion-capable, readiness, and contingency goals of the Sec- retary of Defense. (C) The investment necessary to execute the depot infrastructure optimization plans of each military depart- ment. (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 imple- ment the plan. (C) The activities and milestones required to imple- ment 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 imple- menting the plan. (E) Organizational roles and responsibilities for imple- menting 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. S. 1790—128 (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 congres- sional 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 ‘‘cov- ered depot’’ has the meaning given that term in section 2476(e) of title 10, United States Code. Subtitle E—Reports SEC. 361. READINESS REPORTING. (a) READINESS REPORTING SYSTEM.—Section 117 of title 10, United States Code, is amended— (1) by striking subsections (d) through (g); and (2) by redesignating subsection (h) as subsection (d). (b) QUARTERLY REPORTS.—Section 482 of title 10, United States Code, is amended— (1) in the section heading, by striking ‘‘Quarterly reports: personnel and unit readiness’’ and inserting ‘‘Readiness reports’’; (2) in subsection (a)— (A) In the subsection heading, by striking ‘‘QUARTERLY REPORTS REQUIRED’’ and inserting ‘‘REPORTS AND BRIEFINGS’’; (B) In the first sentence— (i) by striking ‘‘Not later’’ and inserting ‘‘(1) Not later’’; and (ii) by striking ‘‘each calendar-year quarter’’ and inserting ‘‘the second and fourth quarter of each cal- endar year’’; (C) by striking the second and third sentences and inserting ‘‘The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff.’’; and (D) by adding at the end the following new paragraphs: ‘‘(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall S. 1790—129 provide to Congress a briefing regarding the military readiness of the active and reserve components. ‘‘(3) Each report under this subsection shall contain the ele- ments required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.’’; (3) by striking subsection (b) and inserting the following: ‘‘(b) REQUIRED ELEMENTS.—The elements described in this sub- section are each of the following: ‘‘(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special oper- ations forces, and any other area determined appropriate by the Secretary of Defense. ‘‘(2) The key contributing factors, indicators, and other relevant information related to each identified problem or defi- ciency. ‘‘(3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution. ‘‘(4) A summary of combat readiness ratings for the key force elements assessed, including specific information on per- sonnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element. ‘‘(5) A summary of each upgrade or downgrade of the com- bat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade. ‘‘(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities. ‘‘(7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency. ‘‘(8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Depart- ment of Defense Instruction 6055.07, or a successor instruction. ‘‘(9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational. ‘‘(10) Such other information as determined necessary or appropriate by the Secretary of Defense.’’; (4) by striking subsections (d) through (h) and subsection (j); (5) by redesignating subsection (i) as subsection (e); and (6) by inserting after subsection (c) the following new sub- sections (d): ‘‘(d) SEMI-ANNUAL JOINT FORCE READINESS REVIEW.—(1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of S. 1790—130 the armed forces, the combat support and related agencies, oper- ational contract support, and the geographic and functional combat- ant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted. ‘‘(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a). ‘‘(3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces. ‘‘(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.’’. (c) CLERICAL AMENDMENT.—The table of sections at the begin- ning of chapter 23 of such title is amended by striking the item relating to section 482 and inserting the following new item: ‘‘482. Readiness reports.’’. SEC. 362. 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’’. SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET. (a) IN GENERAL.—Not later than March 1 of each of 2020, 2021, and 2022, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and House of Rep- resentatives a report on the Operation and Maintenance, Ship Depot Maintenance budget sub-activity group. (b) ELEMENTS.—The report required under subsection (a) shall include each of the following elements: (1) A breakdown of funding, categorized by class of ship, requested for ship and submarine maintenance. (2) A description of how the requested funding, categorized by class of ship, compares to the identified ship maintenance requirement. (3) The amount of funds appropriated for each class of ship for the preceding fiscal year. (4) The amount of funds obligated and expended for each class of ship for each of the three preceding fiscal years. (5) The cost, categorized by class of ship, of unplanned growth work for each of the three preceding fiscal years. SEC. 364. REPORT ON RUNIT DOME. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the status of the Runit Dome in the Marshal Islands. (b) MATTERS FOR INCLUSION.—The report required by sub- section (a) shall include each of the following: (1) A detailed plan to repair the dome to ensure that it does not have any harmful effects to the local population, S. 1790—131 environment, or wildlife, including the projected costs of imple- menting such plan. (2) The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years. (3) An assessment of the current condition of the outer constructs of the dome. (4) An assessment of the current and long-term safety to local humans posed by the site. (5) An assessment of how rising sea levels might affect the dome. (6) A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome. (c) FORM OF REPORT.—The report required by subsection (a) shall be submitted in unclassified form and made publicly available. SEC. 365. 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 cir- cumstances. (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 pursu- ant to paragraph (1) during such calendar year quarter. SEC. 366. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PRO- FICIENCY 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 language requirements, measures of foreign language pro- ficiency 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. S. 1790—132 Subtitle F—Other Matters SEC. 371. 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), in the second sentence— (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 con- ducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity.’’ after ‘‘miti- gation options.’’; (2) in subsection (d)— (A) in paragraph (2)(E), by striking ‘‘to a Deputy Sec- retary 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), in the first sentence, by striking ‘‘from an applicant for a project filed with the Secretary of Transpor- tation 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 Common- wealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.’’. S. 1790—133 SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND ADOPTION OF MILITARY ANIMALS. (a) TRANSFER AND ADOPTION GENERALLY.—Section 2583 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in the subsection heading, by inserting ‘‘TRANSFER OR’’ before ‘‘ADOPTION’’; and (B) by striking ‘‘adoption’’ each place it appears and inserting ‘‘transfer or adoption’’; (2) in subsection (b)— (A) in the subsection heading, by inserting ‘‘TRANSFER OR’’ before ‘‘ADOPTION’’; and (B) in the first sentence, by striking ‘‘adoption’’ and inserting ‘‘transfer or adoption’’; and (C) in the second sentence, striking ‘‘adoptability’’ and inserting ‘‘transferability or adoptability’’; (3) in subsection (c)(1)— (A) in the matter preceding subparagraph (A)— (i) by inserting ‘‘transfer or’’ before ‘‘adoption’’; and (ii) by inserting ‘‘, by’’ after ‘‘recommended pri- ority’’; (B) in subparagraphs (A) and (B), by inserting ‘‘adop- tion’’ 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 sub- sections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following new sub- section (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 Treat- ment Facility referred to in that paragraph is provided with a full veterinary screening, and necessary veterinary care (including S. 1790—134 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 Sec- retary 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 sec- tion, 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 ANI- MALS.—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 Depart- ment 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’’. S. 1790—135 SEC. 373. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN NON-DEPARTMENT OF DEFENSE ENTITIES. Section 2642(b) of title 10, United States Code, is amended by striking ‘‘October 1, 2019’’ and inserting ‘‘October 1, 2024’’. SEC. 374. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPOR- TATION TO ISSUE NON-PREMIUM AVIATION INSURANCE. Section 44310(b) of title 49, United States Code, is amended by striking ‘‘December 31, 2019’’ and inserting ‘‘September 30, 2023’’. SEC. 375. DEFENSE PERSONAL PROPERTY PROGRAM. (a) REPORT ON PERSONAL PROPERTY PROGRAM IMPROVEMENT ACTION PLAN.— (1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Personnel and Readiness shall jointly submit to the congressional defense committees a report on implementa- tion of the Personal Property Program Improvement Action Plan that was developed by the Personnel Relocation/Household Goods Movement Cross-Functional Team. (2) CONTENTS OF REPORT.—The report required under para- graph (1) shall include updated information on the efforts of the Department of Defense to— (A) integrate permanent-change-of-station orders with transportation systems; (B) reduce the number of report dates during peak moving season; (C) synchronize the communication of information about orders to all parties involved, including industry; (D) improve lead time for permanent-change-of-station orders; (E) meet quality assurance inspection standards; (F) improve the claims review process; and (G) incorporate predictive analytics to anticipate poten- tially problematic shipments. (3) BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Assistant Secretary of Defense for Personnel and Readiness shall jointly provide to the congressional defense committees a briefing on the report required under this subsection. (b) BUSINESS CASE ANALYSIS.—Not later than 30 days after the date of the enactment of this Act, the Commander of United States Transportation Command shall submit to the congressional defense committees a business case analysis for the proposed award of a global household goods contract for the defense personal prop- erty program. (c) GAO REPORT.—Not later than 30 days after the date on which the Commander of United States Transportation Command submits the business case analysis required by subsection (b), the Comptroller General of the United States shall submit to the congressional defense committees a report on a comprehensive study conducted by the Comptroller General that includes— S. 1790—136 (1) an analysis of the effects that the outsourcing of the management and oversight of the movement of household goods to a private entity or entities would have on members of the Armed Forces and their families; (2) a comprehensive cost-benefit analysis; and (3) recommendations for changes to the strategy of the Department of Defense for the defense personal property pro- gram. (d) LIMITATION.—None of the funds authorized to be appro- priated by this Act or otherwise made available for the Department of Defense for fiscal year 2020 may be used to enter into a global household goods contract until April 1, 2020. (e) DEFINITIONS.—In this section: (1) The term ‘‘global household goods contract’’ means the solicitation managed by United States Transportation Com- mand to engage a private entity to manage the defense personal property program. (2) The term ‘‘defense personal property program’’ means the Department of Defense program used to manage the ship- ment of the baggage and household effects of members of the Armed Forces under section 476 of title 37, United States Code. SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE FACILITY. (a) REQUIREMENT.—At least once every calendar quarter, the Secretary of the Navy, or the designee of the Secretary, shall hold an event that is open to the public at which the Secretary shall provide up-to-date information about the Red Hill Bulk Fuel Storage Facility. (b) TERMINATION.—The requirement to hold events under sub- section (a) shall terminate on the earlier of the following dates: (1) September 30, 2025. (2) The date on which the Red Hill Bulk Fuel Storage Facility ceases operation. SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS TRAINING PROGRAM. It is the sense of Congress that— (1) the Innovative Readiness Training program is an effec- tive training program for members of the Armed Forces and is highly beneficial to civilian-military relationships with local American communities; (2) due to the geographic complexities and realities of non- contiguous States and territories, Innovative Readiness Training has lent greater benefit to such States and territories while providing unique and realistic training opportunities and deployment readiness for members of the Armed Forces; (3) the Department of Defense should pursue continued Innovative Readiness Training opportunities, and, where applicable, strongly encourage the use of Innovative Readiness Training in non-contiguous States and territories; and (4) in considering whether to recommend a project, the Secretary should consider the benefits of the project to the economy of a region damaged by natural disasters. S. 1790—137 SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DIS- POSAL. (a) IN GENERAL.—The Secretary of the Navy shall purchase and operate a portable closed detonation chamber and water jet cutting system to be deployed at a former naval bombardment area located outside the continental United States that is part of an active remediation program using amounts made available for environmental restoration, Navy. Upon a determination by the Secretary of the Navy that the chamber has completed the mission of destroying appropriately sized munitions at such former naval bombardment area, the Secretary may deploy the chamber to another location. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated for fiscal year 2020 $10,000,000 to carry out subsection (a). TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. Revisions in permanent active duty end strength minimum levels. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. Sec. 416. Modification of authorized strength of Air Force Reserve serving on full- time reserve component duty for administration of the reserves or the National Guard. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. 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. SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM LEVELS. Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs: ‘‘(1) For the Army, 480,000. ‘‘(2) For the Navy, 340,500. ‘‘(3) For the Marine Corps, 186,200. ‘‘(4) For the Air Force, 332,800.’’. S. 1790—138 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. (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 SUP- PORT 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 minimum number of military technicians (dual status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: (1) For the Army National Guard of the United States, 22,294. (2) For the Army Reserve, 6,492. S. 1790—139 (3) For the Air National Guard of the United States, 13,569. (4) For the Air Force Reserve, 8,938. (b) LIMITATION.—Under no circumstances may a military technician (dual status) employed under the authority of this section be coerced by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. If a military technician (dual status) declines to participate in such realignment or conversion, no further action will be taken against the individual or the individual’s position. (c) 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 the 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. (d) 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. (e) DEFINITIONS.—In subsections (b), (c), and (d): (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 pro- gram of a reserve component under the full time support rebal- ancing 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 S. 1790—140 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 those parts of the table pertaining to the Marine Corps Reserve and inserting the following: ‘‘Marine Corps Reserve: 1,000 ................................ 99 63 20 1,200 ................................ 103 67 21 1,300 ................................ 107 70 22 1,400 ................................ 111 73 23 1,500 ................................ 114 76 24 1,600 ................................ 117 79 25 1,700 ................................ 120 82 26 1,800 ................................ 123 85 27 1,900 ................................ 126 88 28 2,000 ................................ 129 91 29 2,100 ................................ 132 94 30 2,200 ................................ 134 97 31 2,300 ................................ 136 100 32 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’’. (c) SENIOR ENLISTED MEMBERS.—Section 12012(a) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps Reserve and inserting the following: ‘‘Marine Corps Reserve: 1,100 ........................................................ 50 11 1,200 ........................................................ 55 12 1,300 ........................................................ 60 13 1,400 ........................................................ 65 14 S. 1790—141 1,500 ........................................................ 70 15 1,600 ........................................................ 75 16 1,700 ........................................................ 80 17 1,800 ........................................................ 85 18 1,900 ........................................................ 89 19 2,000 ........................................................ 93 20 2,100 ........................................................ 96 21 2,200 ........................................................ 99 22 2,300 ........................................................ 101 23 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’’. SEC. 416. 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. S. 1790—142 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 Depart- ment of Defense for expenses, not otherwise provided for, for mili- tary 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. Maker of original appointments in a regular or reserve component of com- missioned officers previously subject to original appointment in other type of component. Sec. 502. Furnishing of adverse information on officers to promotion selection boards. Sec. 503. Limitation on number of officers recommendable for promotion by pro- motion selection boards. Sec. 504. Expansion of authority for continuation on active duty of officers in cer- tain military specialties and career tracks. Sec. 505. Management policies for joint qualified officers. Sec. 506. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo mat- ters. Sec. 507. Personnel tempo of the Armed Forces and the United States Special Op- erations Command during periods of inapplicability of high-deployment limitations. Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in general and flag officer grades. Sec. 509. Higher grade in retirement for officers following reopening of determina- tion or certification of retired grade. Sec. 510. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list. Sec. 510A. Availability on the internet of certain information about officers serving in general or flag officer grades. Sec. 510B. Functional badge or insignia upon commission for chaplains. Subtitle B—Reserve Component Management Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training Corps. Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Offi- cers’ Training Corps. Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers’ Training Corps units. Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve. Sec. 515. Extension and periodic evaluation of suicide prevention and resilience program for the reserve components. Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components. Sec. 517. Modernization of inspection authorities applicable to the National Guard. Sec. 518. Consultation with Chief of the National Guard Bureau in the appoint- ment or designation of National Guard property and fiscal officers. Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps. Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit va- cancy promotions by commanders of associated active duty units. Sec. 520A. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters. S. 1790—143 Sec. 520B. Report and briefing on the Senior Reserve Officers’ Training Corps. Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers’ Training Corps units. Subtitle C—General Service Authorities and Correction of Military Records Sec. 521. Advice and counsel of trauma experts in review by boards for correction of military records and discharge review boards of certain claims. Sec. 522. Reduction in required number of members of discharge review boards. Sec. 523. Establishment of process to review a request for upgrade of discharge or dismissal. Sec. 524. Prohibition on reduction in the number of personnel assigned to duty with a service review agency. Sec. 525. Training of members of boards for correction of military records and dis- charge review boards on sexual trauma, intimate partner violence, spousal abuse, and related matters. Sec. 526. Time requirements for certification of honorable service. Sec. 527. Correction of certain discharge characterizations. Sec. 528. Development of guidelines for use of unofficial sources of information to determine eligibility of members and former members of the Armed Forces for decorations when the service records are incomplete because of damage to the official record. Sec. 529. Strategic plan for diversity and inclusion. Sec. 530. Study regarding screening individuals who seek to enlist in the Armed Forces. Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Secu- rity of honorable discharges of non-citizens. Sec. 530B. Sense of Congress regarding accession physicals. Subtitle D—Military Justice Sec. 531. Expansion of pre-referral matters reviewable by military judges and mili- tary magistrates in the interest of efficiency in military justice. Sec. 532. Command influence. Sec. 533. Statute of limitations for certain offenses. Sec. 534. Public access to dockets, filings, and court records of courts-martial or other records of trial of the military justice system. Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution, and Defense of Sexual Assault in the Armed Forces. Sec. 536. Authority for return of personal property to victims of sexual assault who file a Restricted Report before conclusion of related proceedings. Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice. Sec. 538. Notification of significant events and documentation of preference for prosecution jurisdiction for victims of sexual assault. Sec. 539. Increase in number of digital forensic examiners for certain military criminal investigative organizations. Sec. 540. Increase in investigative personnel and Victim Witness Assistance Pro- gram liaisons. Sec. 540A. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses. Sec. 540B. Training for commanders in the Armed Forces on their role in all stages of military justice in connection with sexual assault. Sec. 540C. Timely disposition of nonprosecutable sex-related offenses. Sec. 540D. 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. 540E. Recommendations on separate punitive article in the Uniform Code of Military Justice on sexual harassment. Sec. 540F. Report on military justice system involving alternative authority for de- termining whether to prefer or refer changes for felony offenses under the Uniform Code of Military Justice. Sec. 540G. Report on standardization among the military departments in collection and presentation of information on matters within the military justice system. Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed Forces. Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military jus- tice system. Sec. 540J. Pilot programs on defense investigators in the military justice system. Sec. 540K. Report on preservation of recourse to restricted report on sexual assault for victims of sexual assault following certain victim or third-party com- munications. S. 1790—144 Sec. 540L. Report on establishment of guardian ad litem program for certain mili- tary dependents who are a victim or witness of an offense under the Uniform Code of Military Justice involving abuse or exploitation. Sec. 540M. 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. Sec. 540N. Sense of Congress on the Port Chicago 50. Subtitle E—Other Legal Matters Sec. 541. Improvement of certain Special Victims’ Counsel authorities. Sec. 542. Availability of Special Victims’ Counsel at military installations. Sec. 543. Notification of issuance of military protective order to civilian law enforce- ment. Sec. 544. Copyright protection for civilian faculty of certain accredited institutions. Sec. 545. Termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service. Sec. 546. Military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act. Sec. 547. Preservation of right to bring class action under Servicemembers Civil Relief Act. Sec. 548. Legal counsel for victims of alleged domestic violence offenses. Sec. 549. Notice to victims of alleged sexual assault of pendency of further adminis- trative action following a determination not to refer to trial by court- martial. Sec. 550. Treatment of information in Catch a Serial Offender Program for certain purposes. Sec. 550A. Policies and procedures on registration at military installations of civil- ian protective orders applicable to members of the Armed Forces as- signed to such installations and certain other individuals. Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 550C. Training for Special Victims’ Counsel on civilian criminal justice mat- ters in the States of the military installations to which assigned. Sec. 550D. Enhancing the capability of military criminal investigative organiza- tions to prevent and combat child sexual exploitation. Sec. 550E. Feasibility study on establishment of database of military protective or- ders. Sec. 550F. GAO review of USERRA and SCRA. Subtitle F—Member Education Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as students at law schools. Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program. Sec. 553. Degree granting authority for United States Army Armament Graduate School; limitation on establishment of certain educational institutions. Sec. 554. Prohibition on off-duty employment for cadets and midshipmen com- pleting obligated service after graduation. Sec. 555. Consideration of request for transfer of a cadet or midshipman at a mili- tary service academy who is the victim of a sexual assault or related of- fense. Sec. 556. Redesignation of the Commandant of the United States Air Force Insti- tute of Technology as the Director and Chancellor of such Institute. Sec. 557. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force. Sec. 558. Speech disorders of cadets and midshipmen. Sec. 559. Requirement to continue provision of tuition assistance for members of the Armed Forces. Sec. 560. Information on institutions of higher education participating in the De- partment of Defense Tuition Assistance Program. Sec. 560A. Inclusion of information on free credit monitoring in annual financial literacy briefing. Sec. 560B. Programs to facilitate the award of private pilot’s certificates. Subtitle G—Member Training and Transition Sec. 561. Requirement to provide information regarding benefits claims to members during TAP counseling. Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship and internship program for members of the Armed Forces. Sec. 563. First modification of elements of report on the improved Transition As- sistance Program. Sec. 564. Second modification of elements of report on the improved Transition As- sistance Program. S. 1790—145 Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit De- pots. Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries of the military departments. Sec. 567. Review of Department of Defense training programs regarding disinformation campaigns. Sec. 568. Command matters in connection with transition assistance programs. Sec. 569. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214). Sec. 570. Records of service for Reserves. Sec. 570A. Limitations and requirements in connection with separations for mem- bers 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. 570B. Prohibition on involuntary separation of certain members of the Armed Forces; consideration of military service in removal determinations. Sec. 570C. Inclusion of question regarding immigration status on preseparation counseling checklist (DD Form 2648). Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the United States on naturalization in the United States. Sec. 570E. 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. 570F. Connections of members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 570G. Pilot program regarding online application for the Transition Assistance Program. Subtitle H—Military Family Readiness and Dependents’ Education Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment. Sec. 572. Deferred deployment for members who give birth. Sec. 573. Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains. Sec. 574. Military funeral honors matters. Sec. 575. Improvement of occupational license portability for relocated spouses of members of the uniformed services. Sec. 576. Continued eligibility for education and training opportunities for spouses of promoted members. Sec. 577. Modification to authority to reimburse for State licensure and certifi- cation costs of a spouse of a servicemember arising from relocation. Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program. Sec. 579. Annual State report card. Sec. 580. Improvements to child care for members of the Armed Forces. Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin. Sec. 580B. Meetings of officials of the Department of Defense with representative groups of survivors of deceased members of the Armed Forces. Sec. 580C. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing deploy- ment overseas. Sec. 580D. Study on two-way military ballot barcode tracking. Sec. 580E. Assistance to schools with military dependent students. Sec. 580F. First expansion of the My Career Advancement Account program for military spouses. Sec. 580G. Second expansion of the My Career Advancement Account program for military spouses. Sec. 580H. Report on training and support available to military spouses. Sec. 580I. Ri’katak Guest Student Program at United States Army Garrison¥Kwajalein Atoll. Subtitle I—Decorations and Awards Sec. 581. Modification of authorities on eligibility for and replacement of gold star lapel buttons. Sec. 582. Standardization of honorable service requirement for award of military decorations. Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts of valor in Vietnam. Sec. 584. Review of World War I valor medals. Subtitle J—Miscellaneous Reports and Other Matters Sec. 591. Clarification of the term ‘‘assault’’ for purposes of Workplace and Gender Relations Surveys. S. 1790—146 Sec. 592. Inclusion of certain veterans on temporary disability or permanent dis- abled retirement lists in military adaptive sports programs. Sec. 593. Questions in surveys regarding extremist activity in the workplace. Sec. 594. Study on best practices for providing financial literacy education for sepa- rating members of the Armed Forces. Sec. 595. Report on oversight of authorized strengths of certain grades of commis- sioned regular and reserve officers of the Armed Forces. Sec. 596. Report on certain waivers. Sec. 597. Notifications on manning of afloat naval forces. Sec. 598. Report regarding use of aerial systems of the Department of Defense to support agencies of States, Territories, and the Federal Government. Sec. 599. Information for members of the Armed Forces on availability of services of the Department of Veterans Affairs relating to sexual trauma. Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee, United States Air Force (ret.), to the grade of brigadier general. Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieuten- ant Colonel Richard Cole, United States Air Force (ret.), to the grade of colonel. Sec. 599C. Sense of Congress on the honorable and distinguished service of General Joseph F. Dunford, United States Marine Corps, to the United States. Subtitle A—Officer Personnel Policy SEC. 501. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR RESERVE COMPONENT OF COMMISSIONED OFFICERS PRE- VIOUSLY 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 Sec- retary concerned’’ and inserting ‘‘the Secretary of Defense’’. (b) MAKER OF RESERVE APPOINTMENTS IN TRANSFER FROM ACTIVE-DUTY LIST TO RESERVE ACTIVE-STATUS LIST.—Section 12203(b) of such title is amended by striking ‘‘the Secretary con- cerned’’ and inserting ‘‘the Secretary of Defense’’. (c) REPORT.—Not later than April 1, 2020, 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) The average number per fiscal year, during fiscal years 2010 through 2019, of transfers of appointment from regular officer to reserve officer in the Armed Forces, set forth by each of transfers requiring and transfers not requiring appoint- ment by and with the advice and consent of the Senate. (2) The average amount of time required per fiscal year, during such fiscal years, for completion of a transfer of appoint- ment from regular officer to reserve officer in situations not requiring appointment by and with the advice and consent of the Senate. (3) An assessment of the number of officers who experience a break-in-service due to delays in transfer of appointment from regular officer to reserve officer as a result of the require- ment for appointment by and with the advice and consent of the Senate. (4) An assessment of the feasibility and advisability of each of the following: (A) Appointment of regular officers as both a regular officer and a reserve officer immediately upon commis- sioning. (B) Consolidation of the provisions of title 10, United States Code, relating to appointment as a regular or reserve S. 1790—147 officer in a manner designed to facilitate and improve officer retention. (5) Such other recommendations for legislative or adminis- trative action as the Secretary considers appropriate to improve the rapid transfer of appointment of an officer from regular status to reserve status. SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO PROMOTION SELECTION BOARDS. (a) EXPANSION OF GRADES OF OFFICERS FOR WHICH INFORMA- TION 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 subparagraph 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. 503. 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 sub- section (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 S. 1790—148 Code, of promotion zones that are established under section 623 of that title on or after that date. SEC. 504. 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. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS. Section 661(d)(3)(B) of title 10, United States Code, is amended in the third sentence by inserting ‘‘or a designee of the Chairman who is an officer of the armed forces in grade O–9 or higher’’ before the period. SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS OF MEMBERS OF THE ARMED FORCES AND RELATED UNIT OPERATING AND PERSONNEL TEMPO MAT- TERS. (a) LIMITATION ON SCOPE OF DELEGATIONS OF APPROVAL OF EXCEPTIONS TO DEPLOYMENT THRESHOLDS.—Paragraph (3) of sec- tion 991(a) 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 section is amended— (1) by striking ‘‘addresses the amount’’ and inserting ‘‘addresses each of the following: ‘‘(A) The amount.’’; (2) in subparagraph (A), as designated by paragraph (1), by inserting ‘‘regular’’ before ‘‘member’’; and (3) by adding at the end the following new subparagraph: ‘‘(B) 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.’’. SEC. 507. 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 estab- lished 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 or the United States Special Operations Command. ‘‘(C) If thresholds under this paragraph are applicable Depart- ment-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 one armed force or the Under States Special Operations Command, such thresholds shall S. 1790—149 be established and maintained respectively 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 Com- mandant of the Marine Corps (with respect to the Marine Corps), and the Commander of the United States Special Operations Com- mand, as applicable. ‘‘(D) In undertaking recordkeeping for purposes of subsection (c), the Under Secretary shall, in conjunction with the officials and officers referred to in subparagraph (C), collect complete and reliable personnel tempo data of members described in subpara- graph (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 any waiver author- ized under paragraph (1) and the effect of such waiver 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. 508. 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. 509. 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 para- graph (5): ‘‘(5) If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of offi- cer’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 on or after that date, regardless of when the officer retired. S. 1790—150 SEC. 510. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST. (a) IN GENERAL.—Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(f) HIGHER PLACEMENT OF OFFICERS OF PARTICULAR MERIT ON PROMOTION LIST.—(1) In selecting officers to be recommended for promotion, a promotion board may, when authorized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under section 14308(a) of this title. ‘‘(2) A promotion board may make a recommendation under paragraph (1) only if an officer receives the recommendation of— ‘‘(A) a majority of the members of the promotion board; or ‘‘(B) an alternative requirement established by the Sec- retary concerned and furnished to the promotion board as part of the guidelines under section 14107 of this title. ‘‘(3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list.’’. (b) REPORTS REGARDING RECOMMENDATIONS THAT OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST.— Section 14109 of such title is amended by adding at the end the following new subsection: ‘‘(d) REPORT OF OFFICERS RECOMMENDED FOR HIGHER PLACE- MENT ON PROMOTION LIST.—A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary con- cerned— ‘‘(1) the names of those officers the promotion board rec- ommends be placed higher on the promotion list; and ‘‘(2) the order in which the promotion board recommends those officers should be placed on the promotion list.’’. (c) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON PROMOTION LIST.—Section 14308(a) of such title is amended in the first sentence by inserting ‘‘or based on particular merit, as determined by the promotion board’’ before the period. SEC. 510A. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMA- TION ABOUT OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES. (a) AVAILABILITY REQUIRED.— (1) IN GENERAL.—The Secretary of each military depart- ment 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. S. 1790—151 (C) A summary list of the officer’s past duty assign- ments while serving in a general or flag officer grade. (b) ADDITIONAL PUBLIC NOTICE ON CERTAIN OFFICERS.—When- ever 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 sub- sections (a) and (b) from public availability pursuant to sub- section (a), unless and until the Secretary notifies the Commit- tees on Armed Services of the Senate and House of Representa- tives in writing of the information or notice that will be so withheld, together with justification for withholding the information or notice from public availability. (2) LIMITED DURATION OF WITHHOLDING.—The Secretary concerned may withhold from the public under paragraph (1) information or notice on an officer only on the basis of individual risk or national security, and may continue to withhold such information or notice only for so long as the basis for with- holding remains in force. SEC. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR CHAPLAINS. A military chaplain shall receive a functional badge or insignia upon commission. Subtitle B—Reserve Component Management SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR RESERVE OFFICERS’ TRAINING CORPS. Section 2031(b)(1) of title 10, United States Code, is amended by striking ‘‘above the 8th grade’’ each place it appears and inserting ‘‘above the 7th grade and physically co-located with the 9th grade participating unit’’. SEC. 512. INCLUSION OF STEM IN COURSES OF INSTRUCTION FOR THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS. (a) IN GENERAL.—Section 2031(b)(3) of title 10, United States Code, is amended by inserting ‘‘and which may include instruction or activities in the fields of science, technology, engineering, and mathematics’’ after ‘‘duration’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. SEC. 513. 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 main- tains a unit under this section shall permit membership in the S. 1790—152 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. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER, MARINE FORCES RESERVE. (a) IN GENERAL.—Section 8084(b)(1) of title 10, United States Code, is amended by striking ‘‘general officers of the Marine Corps (as defined in section 8001(2))’’ and inserting ‘‘general officers of the Marine Corps Reserve’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act and shall apply to appointments made after such date. SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR THE RESERVE COMPONENTS. Section 10219 of title 10, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); (2) in subsection (h), as redesignated by paragraph (1), by striking ‘‘2020’’ and inserting ‘‘2025’’; and (3) by inserting after subsection (f) the following new sub- section (g): ‘‘(g) TRIENNIAL EVALUATION.—The Secretary shall evaluate the program every third year beginning in 2022 until the program terminates to determine whether the program effectively— ‘‘(1) provides training and assistance under subsections (b), (c), and (d); and ‘‘(2) implements subsection (e).’’. SEC. 516. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE 68 OF OFFICERS IN MEDICAL SPECIALTIES IN THE RESERVE COMPONENTS. Section 14703(b) of title 10, United States Code, is amended— (1) by striking ‘‘An’’ and inserting ‘‘(1) Subject to paragraph (2), an’’; and (2) by adding at the end the following new paragraph (2): ‘‘(2) The Secretary concerned may, with the consent of the officer, retain in an active status an officer in a medical specialty described in subsection (a) beyond the date described in paragraph (1) of this subsection if the Secretary concerned determines that such retention is necessary to the military department concerned. Each such retention shall be made on a case-by-case basis and for such period as the Secretary concerned determines appropriate.’’. SEC. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE NATIONAL GUARD. (a) MODERNIZATION OF INSPECTION AUTHORITIES OF SECRE- TARIES 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)— S. 1790—153 (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 ON BEHALF OF SECRETARIES.—Such section is further amended by adding at the end the following new subsection: ‘‘(c) The Chief of the National Guard Bureau may have an inspection described in subsection (a) 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, on behalf of the Secretary of the Army or the Secretary of the Air Force. Any such inspection may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force, as applicable.’’. SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD BUREAU IN THE APPOINTMENT OR DESIGNATION OF NATIONAL GUARD PROPERTY AND FISCAL OFFICERS. Section 708(a) of title 32, United States Code, is amended in the first sentence by inserting ‘‘, in consultation with the Chief of the National Guard Bureau,’’ after ‘‘shall’’. SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS’ TRAINING CORPS. (a) IN GENERAL.—Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section: ‘‘§ 320. Coast Guard Junior Reserve Officers’ Training Corps ‘‘(a) ESTABLISHMENT.—The Secretary of the department in which the Coast Guard is operating may establish and maintain a Junior Reserve Officers’ Training Corps, organized into units, at public and private secondary educational institutions. ‘‘(b) APPLICABILITY.—Except as provided in subsection (c), the provisions of chapter 102 of title 10 shall apply to a Junior Reserve Officers’ Training Corps established and maintained under this section in the same manner that such provisions apply to the Junior Reserve Officers’ Training Corps of each military depart- ment. For purposes of the application of such provisions to this section— ‘‘(1) any reference in such provisions to a ‘military depart- ment’ shall be treated as a reference to the department in which the Coast Guard is operating; and ‘‘(2) any reference in such provisions to a ‘Secretary of a military department’, a ‘Secretary concerned’, or the ‘Sec- retary of Defense’ shall be treated as a reference to the Sec- retary of the department in which the Coast Guard is operating. ‘‘(c) EXCEPTION.—The requirements of chapter 102 of title 10 shall not apply to a unit of the Junior Reserve Officers’ Training Corps established by the Secretary of the department in which the Coast Guard is operating before the date of the enactment S. 1790—154 of this section unless the Secretary determines it is appropriate to apply such requirements to such unit.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by adding at the end the following new item: ‘‘320. Coast Guard Junior Reserve Officers’ Training Corps.’’. SEC. 520. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE OFFICER UNIT VACANCY PROMOTIONS BY COM- MANDERS OF ASSOCIATED ACTIVE DUTY UNITS. Section 1113 of the Army National Guard Combat Readiness Reform Act of 1992 (Public Law 102–484; 10 U.S.C. 10105 note) is repealed. SEC. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO LARGE SCALE, COMPLEX AND CATASTROPHIC DISAS- TERS. (a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, shall submit to the congressional defense committees, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the plan of the Department to establish policy and processes to implement the authority under section 502 of title 32, United States Code. The report shall include a detailed examination of the policy frame- work consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommenda- tions for legislation as appropriate. (b) CONTENTS.—The report submitted under subsection (a) shall include a description of— (1) the current policy and processes whereby governors can request activation of the National Guard under title 32, United States Code, as part of the response to large scale, complex, catastrophic disasters that are supported by the Fed- eral Government and, if no formal process exists in policy, the Secretary of Defense shall provide a timeline and plan to establish such a policy, including consultation with the Council of Governors and the National Governors Association; (2) the Secretary of Defense’s assessment, informed by consultation with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, regarding the sufficiency of current authorities for the reimbursement of National Guard and Reserve manpower during large scale, complex, cata- strophic disasters under title 10 and title 32, United States Code, and specifically whether reimbursement authorities are sufficient to ensure that military training and readiness are not degraded to fund disaster response, or whether invoking such reimbursement authorities degrades the effectiveness of the Disaster Relief Fund; (3) the Department of Defense’s plan to ensure there is parallel and consistent policy in the application of the authori- ties granted under section 12304a of title 10, United States S. 1790—155 Code, and section 502(f) of title 32, United States Code, including— (A) a description of the disparities between benefits and protections under Federal law versus State active duty; (B) recommended solutions to achieve parity at the Federal level; and (C) recommended changes at the State level, if appro- priate; and (4) the Department of Defense’s plan to ensure there is parity of benefits and protections for military members employed as part of the response to large scale, complex, cata- strophic disasters under title 32 or title 10, United States Code, and recommendations for addressing any shortfalls. SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFI- CERS’ 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. (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 restric- tions on establishing or disestablishing units of the Corps affects the diversity of the officer corps of the Armed Forces. S. 1790—156 SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS UNITS. It is the sense of Congress that the Junior Reserve Officers’ Training Corps was supported in the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115– 232) and should be increased in fiscal year 2020 to include not fewer than 3,700 units nationwide. Subtitle C—General Service Authorities and Correction of Military Records SEC. 521. 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 Amer- ican 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 Amer- ican Psychiatric Association.’’. SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DIS- CHARGE REVIEW BOARDS. Section 1553(a) of title 10, United States Code, is amended by striking ‘‘five’’ and inserting ‘‘not fewer than three’’. S. 1790—157 SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE OF DISCHARGE OR DISMISSAL. (a) ESTABLISHMENT.—Chapter 79 of title 10, United States Code, is amended by inserting after section 1553 the following new section 1553a: ‘‘§ 1553a. Review of a request for upgrade of discharge or dismissal ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish a process by which to conduct a final review of a request for an upgrade in the characterization of a discharge or dismissal. ‘‘(b) CONSIDERATION; RECOMMENDATION.—(1) Upon the request of a petitioner, the Secretary of Defense shall review the findings and decisions of the boards established under sections 1552 and 1553 of this title regarding the final review of a request for an upgrade in the characterization of a discharge or dismissal. ‘‘(2) The Secretary of Defense may recommend that the Sec- retary of the military department concerned upgrade the character- ization of the discharge or dismissal of the petitioner if the Secretary of Defense determines that such recommendation is appropriate after review under paragraph (1). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘final review of a request for an upgrade in the characterization of a discharge or dismissal’ means a request by a petitioner for an upgrade to the characterization of a discharge or dismissal— ‘‘(A) that was not granted under sections 1552 and 1553 of this title; and ‘‘(B) regarding which the Secretary of Defense deter- mines the petitioner has exhausted all remedies available to the petitioner under sections 1552 and 1553 of this title. ‘‘(2) The term ‘petitioner’ means a member or former member of the armed forces (or if the member or former member is dead, the surviving spouse, next of kin, or legal representative of the member or former member) whose request for an upgrade to the characterization of a discharge or dis- missal was not granted under sections 1552 and 1553 of this title.’’. (b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) TABLE OF SECTIONS.—The table of sections at the begin- ning of such chapter is amended by inserting after the item relating to section 1553 the following new item: ‘‘1553a. Review of a request for upgrade of discharge or dismissal.’’. (2) CONFORMING AMENDMENTS.— (A) Section 1552(a)(4) of such title is amended to read as follows: ‘‘(4)(A) Subject to subparagraph (B), a correction under this section is final and conclusive on all officers of the United States except when procured by fraud. ‘‘(B) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1553a of this title.’’. (B) Section 1553(b) of such title is amended— (i) by inserting ‘‘(1)’’ before ‘‘A board’’; and S. 1790—158 (ii) by adding at the end the following new para- graph: ‘‘(2) If a board established under this section does not grant a request for an upgrade to the characterization of a discharge or dismissal, that declination may be considered under section 1552 or section 1553a of this title, as applicable.’’. (c) DEADLINE.—The Secretary of Defense shall implement sec- tion 1553a of such title, as added by subsection (a), not later than January 1, 2021. (d) RESOURCES.—In establishing and implementing the process under such section 1553a, the Secretary of Defense shall, to the maximum extent practicable, use existing organizations, boards, processes, and personnel of the Department of Defense. (e) REPORTING.— (1) REPORT.—Not later than January 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the process established under such section 1553a. The report shall include, with respect to considerations under such process since implementation, the following: (A) The number of requests considered. (B) The number of upgrades to the characterization of a discharge or dismissal granted pursuant to such process, including the most common reasons for such upgrades. (C) The number of upgrades to the characterization of a discharge or dismissal declined pursuant to such process, including the most common reasons for such dec- linations. (2) ONLINE PUBLICATION.—On October 1, 2022, and annually thereafter, the Secretary shall publish the information described in paragraph (1) with regards to the immediately preceding fiscal year on a website of the Department of Defense that is accessible by the public. SEC. 524. PROHIBITION ON REDUCTION IN THE NUMBER OF PER- SONNEL ASSIGNED TO DUTY WITH A SERVICE REVIEW AGENCY. (a) PROHIBITION.—Section 1559(a) of title 10, United States Code, is amended— (1) by striking ‘‘December 31, 2019’’ and inserting ‘‘December 31, 2025’’; (2) by striking ‘‘that agency until—’’ and inserting ‘‘that agency.’’; and (3) by striking subsections (1) and (2). (b) REPORT.— (1) REPORT REQUIRED.—Not later than 180 days after the enactment of this Act, the Secretary of each military depart- ment shall submit a report to the Committees on Armed Serv- ices of the Senate and House of Representatives that details a plan to— (A) reduce the backlog of applications before the service review agency of the military department concerned; and (B) maintain the resources required to meet the timeli- ness standards for disposition of applications before the Corrections Boards under section 1557 of title 10, United States Code, not later than October 1, 2021. S. 1790—159 (2) ELEMENTS.—Each report under this subsection shall include the following: (A) A description of the current backlog of applications before the service review agency of the military department concerned. (B) The number of personnel required to meet the deadline described in paragraph (1)(B). (C) The plan of the Secretary concerned to modernize the application and review system of the service review agency of the military department concerned. SEC. 525. 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 cur- riculum 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 sub- section 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. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE SERVICE. The Secretary of Defense shall publish regulations for submis- sion and processing of a completed United States Citizenship and Immigration Services Form N–426, by a member of the Armed Forces. Such regulations shall designate the appropriate level for the certifying officer as well as establish time requirements for the form to be returned to the member of the Armed Forces. SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZA- TIONS. (a) IN GENERAL.—In accordance with this section, and in a manner that is consistent across the military departments to the greatest extent practicable, the appropriate board shall, at the request of a covered member or the authorized representative of a covered member— S. 1790—160 (1) review the discharge characterization of that covered member; and (2) change the discharge characterization of that covered member to honorable if the appropriate board determines such change to be appropriate after review under paragraph (1). (b) APPEAL.—A covered member or the authorized representa- tive of that covered member may seek review of a decision by the appropriate board not to change the discharge characterization of that covered member. Such review may be made pursuant to section 1552 of title 10, United States Code, section 1553 of such title, or any other process established by the Secretary of Defense for such purpose. (c) CHANGE OF RECORDS.—For each covered member whose discharge characterization is changed under subsection (a) or (b), the Secretary of the military department concerned shall issue to the covered member or the authorized representative of the covered member a corrected Certificate of Release or Discharge from Active Duty (DD Form 214), or other like form regularly used by an Armed Force that— (1) reflects the upgraded discharge characterization of the covered member; and (2) does not reflect the sexual orientation of the covered member or the original stated reason for the discharge or dismissal of that covered member. (d) DEFINITIONS.—In this section: (1) The term ‘‘appropriate board’’ means a board for the correction of military or naval records under section 1552 of title 10, United States Code, or a discharge review board under section 1553 of such title, as the case may be. (2) The term ‘‘authorized representative’’ means an heir or legal representative of a covered member. (3) The term ‘‘covered member’’ means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of that member. (4) The term ‘‘discharge characterization’’ means the characterization assigned to the service of a covered member on the discharge or dismissal of that covered member from service in the Armed Forces. SEC. 528. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES FOR DECORATIONS WHEN THE SERVICE RECORDS ARE INCOMPLETE BECAUSE OF DAMAGE TO THE OFFICIAL RECORD. (a) GUIDELINES REQUIRED.—The Secretary of Defense shall develop guidelines regarding the use by the Secretaries of the military departments of unofficial sources of information, including eyewitness statements, to determine the eligibility of a member or former member of the Armed Forces for decorations when the service records of the member are incomplete because of damage to the records as a result of the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, or any subsequent incident while the records were in the possession of the Department of Defense. S. 1790—161 (b) TIME FOR COMPLETION.—The Secretary of Defense shall complete development of the guidelines not later than one year after the date of the enactment of this Act. SEC. 529. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION. (a) PLAN REQUIRED.—The Secretary of Defense shall design and implement a five-year strategic plan for diversity and inclusion in the Department of Defense. (b) ELEMENTS.—The strategic plan under this section— (1) shall incorporate existing efforts to promote diversity and inclusion within the Department; and (2) may not conflict with the objectives of the 2018 National Military Strategy. (c) DEADLINE.—The Secretary shall implement the strategic plan under this section not later than one year after the date of the enactment of this Act. SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO ENLIST IN THE ARMED FORCES. (a) STUDY.—The Secretary of Defense shall study the feasibility of, in background investigations and security and suitability screenings of individuals who seek to enlist in the Armed Forces— (1) screening for extremist and gang-related activity; and (2) using the following resources of the Federal Bureau of Investigation: (A) The Tattoo and Graffiti Identification Program. (B) The National Gang Intelligence Center. (b) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit an unclassi- fied report in writing to the Committees on Armed Services of the Senate and House of Representatives containing conclusions of the Secretary regarding the study under subsection (a). SEC. 530A. FEASIBILITY STUDY REGARDING NOTIFICATION TO SEC- RETARY OF HOMELAND SECURITY OF HONORABLE DIS- CHARGES OF NON-CITIZENS. (a) STUDY REQUIRED.—The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall study the feasibility of providing the Secretary of Homeland Security with a copy of the Certificate of Release or Discharge from Active Duty (DD Form 214) or National Guard Report of Separation and Record of Service (NGB-22) for each individual who is not a citizen of the United States who is honorably discharged from the Armed Forces so the Secretary of Homeland Security may note such discharge in an I–213 Record of Deportable/Inadmissible Alien for that indi- vidual. (b) REPORT.—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 House of Representatives a report regarding the results of the study under this section. SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS. It is the sense of Congress that the Secretary of Defense should explore alternatives to centralized accession physicals at Military Entrance Processing Stations, including conducting physicals through community health care providers, in order to reduce S. 1790—162 transportation costs, increase efficiency in processing times, and free recruiters to focus on the core of the recruiting mission. Subtitle D—Military Justice SEC. 531. 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 commu- nications. ‘‘(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 mental 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 pro- ceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and ‘‘(D) provide such limitations on the relief that may be ordered under this section as the President considers appro- priate.’’. (b) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of such section is amended to read as follows: ‘‘§ 830a. Art 30a. Proceedings conducted before referral’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter VI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 830a (article 30a) and inserting the following new item: ‘‘830a. 30a. Proceedings conducted before referral.’’. SEC. 532. COMMAND INFLUENCE. (a) IN GENERAL.—Section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), is amended— (1) by striking ‘‘Unlawfully influencing action of court’’ and inserting ‘‘Command influence’’; (2) by amending subsection (a) to read as follows: S. 1790—163 ‘‘(a)(1) No court-martial convening authority, nor any other commanding officer, may censure, reprimand, or admonish the court or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged by the court, or with respect to any other exercise of its or his functions in the conduct of the proceeding. ‘‘(2) No court-martial convening authority, nor any other com- manding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence. ‘‘(3) No person subject to this chapter may attempt to coerce or, by any unauthorized means, attempt to influence the action of a court-martial or any other military tribunal or any member thereof, in reaching the findings or sentence in any case, or the action of any convening, approving, or reviewing authority or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President. ‘‘(4) Conduct that does not constitute a violation of paragraphs (1) through (3) may include, for example— ‘‘(A) general instructional or informational courses in mili- tary justice if such courses are designed solely for the purpose of instructing persons on the substantive and procedural aspects of courts-martial; ‘‘(B) statements regarding criminal activity or a particular criminal offense that do not advocate a particular disposition, or a particular court-martial finding or sentence, or do not relate to a particular accused; or ‘‘(C) statements and instructions given in open court by the military judge or counsel. ‘‘(5)(A) Notwithstanding paragraphs (1) through (3), but subject to subparagraph (B)— ‘‘(i) a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and ‘‘(ii) a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter. ‘‘(B) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate con- vening authority or officer.’’; (3) in subsection (b)— (A) by striking ‘‘advanced, in grade’’ and inserting ‘‘advanced in grade’’; and (B) by striking ‘‘accused before a court-martial’’ and inserting ‘‘person in a court-martial proceeding’’; and (4) by adding at the end the following new subsections: ‘‘(c) No finding or sentence of a court-martial may be held incorrect on the ground of a violation of this section unless the violation materially prejudices the substantial rights of the accused. ‘‘(d)(1) A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority S. 1790—164 or officer to dispose of offenses in individual cases, types of cases, or generally. ‘‘(2) Except as provided in paragraph (1) or as otherwise author- ized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.’’. (b) CLERICAL AMENDMENT.—The table of sections at the begin- ning subchapter VII of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by striking the item relating to section 837 (article 37) and inserting the following new item: ‘‘837. Art. 37. Command influence.’’. (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to violations of section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), committed on or after such date. SEC. 533. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES. (a) IN GENERAL.—Section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended— (1) in subsection (a), by inserting ‘‘maiming of a child, kidnapping of a child,’’ after ‘‘sexual assault of a child,’’; and (2) in subsection (b)(2)(B)— (A) by striking clauses (ii) and (iv); and (B) by redesignating clause (iii) as clause (ii). (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to the prosecution of offenses com- mitted before, on, or after the date of the enactment of this Act if the applicable limitation period has not yet expired. SEC. 534. 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) PROTECTION OF CERTAIN PERSONALLY IDENTIFIABLE INFORMATION.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uni- form 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 S. 1790—165 such information is restricted in electronic filing systems of Federal and State courts. ‘‘(c) 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. 535. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVES- TIGATION, 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 ‘‘10’’. SEC. 536. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VIC- TIMS OF SEXUAL ASSAULT WHO FILE A RESTRICTED REPORT BEFORE CONCLUSION OF RELATED PRO- CEEDINGS. 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 Preven- tion 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 subse- quent case adjudication, if the victim later decides to con- vert 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 S. 1790—166 the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).’’. SEC. 537. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED UNDER THE UNIFORM CODE OF MILITARY JUSTICE. (a) DEVELOPMENT OF GUIDELINES.—Not later than the date specified in subsection (d), the Secretary of Defense shall develop nonbinding guidelines on sentences for offenses under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice). The guidelines shall provide the sentencing authority with a suggested range of punishments, including suggested ranges of confinement, that will generally be appropriate for a violation of each offense under such chapter. (b) SENTENCING DATA.—In developing the guidelines for sen- tences under subsection (a), the Secretary of Defense shall take into account the sentencing data collected by the Military Justice Review Panel pursuant to section 946(f)(2) of title 10, United States Code (article 146(f)(2) of the Uniform Code of Military Justice). (c) SUBMITTAL TO CONGRESS.—Not later than the date specified in subsection (d), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) the guidelines for sentences developed under subsection (a); and (2) an assessment of the feasibility and advisability of implementing such guidelines in panel sentencing cases. (d) DATE SPECIFIED.—The date specified in this subsection is the date that is not later than one year after the date on the which the first report of the Military Justice Review Panel is submitted to the Committees on Armed Services of the Senate and the House of Representatives pursuant to section 946(f)(5) of title 10, United States Code (article 146(f)(5) of the Uniform Code of Military Justice). SEC. 538. NOTIFICATION OF SIGNIFICANT EVENTS AND DOCUMENTA- TION OF PREFERENCE FOR PROSECUTION JURISDICTION FOR VICTIMS OF SEXUAL ASSAULT. (a) NOTIFICATION TO VICTIMS OF EVENTS IN MILITARY JUSTICE PROCESS.— (1) NOTIFICATION REQUIRED.—A member of the Armed Forces who is the victim of an alleged sexual assault by another member of the Armed Forces shall receive notification of each significant event in the military justice process that relates to the investigation, prosecution, and confinement of such other member for such assault. (2) DOCUMENTATION.—Appropriate documentation of each notification made pursuant to paragraph (1) shall be created and maintained in an appropriate system of records of the military department concerned. (b) DOCUMENTATION OF VICTIM’S PREFERENCE FOR PROSECUTION JURISDICTION.—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 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, appropriate docu- mentation of the preference, if any, of such victim for prosecution of such offense by court-martial or by a civilian court as provided S. 1790—167 for by Rule for Courts-Martial 306(e) (as set forth in the Manual for Courts-Martial, 2019 edition, or any successor rule), shall be created and maintained in an appropriate system of records of the military department concerned. (c) REGULATIONS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations implementing this section. SEC. 539. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR CERTAIN 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 organiza- tion specified in subsection (b) under the jurisdiction of such Sec- retary 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.—The military criminal investigative organizations specified in this sub- section are the following: (1) The Army Criminal Investigation Command. (2) The Naval Criminal Investigative Service. (3) The Air Force Office of Special Investigations. (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. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WIT- NESS ASSISTANCE PROGRAM LIAISONS. (a) MILITARY CRIMINAL INVESTIGATIVE SERVICES.—Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel assigned to the military criminal investigative services of the department with the goal of ensuring, to the extent prac- ticable, that the investigation of any sex-related offense is completed not later than six months after the date on which the investigation is initiated. An investigation shall be considered completed for purposes of the preceding sentence when the active phase of the investigation is sufficiently complete to enable the appropriate authority to reach a decision with respect to the disposition of charges for the sex-related offense. (b) VICTIM WITNESS ASSISTANCE PROGRAM LIAISONS.—Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall increase the number of personnel serving as Victim Witness Assistance Program liaisons to address personnel shortages in the Victim Witness Assistance Program. (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. S. 1790—168 SEC. 540A. 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 disposi- tion authorities on the exercise of disposition authority under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), shall include comprehensive training on the exercise of disposition authority with respect to cases for which disposition authority is withheld to such authorities pursuant to the memorandum described in subsection (b) for the purpose of promoting confidence and trust in the military justice process with respect to such cases. (b) MEMORANDUM DESCRIBED.—The memorandum described in this subsection is the memorandum of the Secretary of Defense titled ‘‘Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases’’ and dated April 20, 2012, or any successor memorandum. SEC. 540B. 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 pursu- ant 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 of 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 of sexual assault described in paragraph (1) are afforded the 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, state- ments, 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 connec- tion with sexual assault described in paragraph (1) that the Secretary of Defense considers appropriate for purposes of this section. (c) INCORPORATION OF BEST PRACTICES.— S. 1790—169 (1) IN GENERAL.—The training provided pursuant to sub- section (a) shall incorporate best practices on all matters cov- ered 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. 540C. TIMELY DISPOSITION OF NONPROSECUTABLE SEX- RELATED OFFENSES. (a) POLICY REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a policy to ensure the timely disposition of non- prosecutable sex-related offenses. (b) NONPROSECUTABLE SEX-RELATED OFFENSE DEFINED.—In this section, the term ‘‘nonprosecutable sex-related offense’’ means an alleged sex-related offense (as that term is defined in section 1044e(g) of title 10, United States Code) that a court-martial con- vening authority has declined to refer for trial by a general or special court-martial under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), due to a determination that there is insufficient evidence to support prosecution of the sex-related offense. SEC. 540D. 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 of Defense 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. S. 1790—170 (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 appro- priate. (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 Sec- retary of Defense pursuant to subsection (a) tailored to the require- ments and circumstances of the Armed Force or Armed Forces concerned. SEC. 540E. RECOMMENDATIONS ON 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 Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing such recommendations as the Secretary con- siders appropriate with respect to the establishment of a separate punitive article in chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), on sexual harassment. SEC. 540F. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTER- NATIVE 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 para- graph 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. S. 1790—171 (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 con- siders 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 advis- ability 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 pro- gram. (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. 540G. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS WITHIN THE MILITARY JUS- TICE 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 S. 1790—172 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. 540H. 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. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARI- TIES IN THE MILITARY JUSTICE SYSTEM. (a) IN GENERAL.—The Secretary of Defense shall provide for the carrying out of the activities described in subsections (b) and (c) in order to improve the ability of the Department of Defense to detect and address racial, ethnic, and gender disparities in the military justice system. (b) SECRETARY OF DEFENSE AND RELATED ACTIVITIES.—The activities described in this subsection are the following, to be com- menced or carried out (as applicable) by not later than 180 days after the date of the enactment of this Act: (1) For each court-martial conducted by an Armed Force after the date of the enactment of this Act, the Secretary of Defense shall require the head of the Armed Force con- cerned— (A) to record the race, ethnicity, and gender of the victim and the accused, and such other demographic information about the victim and the accused as the Sec- retary considers appropriate; (B) to include data based on the information described in subparagraph (A) in the annual military justice reports of the Armed Force. (2) The Secretary of Defense, in consultation with the Secre- taries of the military departments and the Secretary of Home- land Security, shall issue guidance that— S. 1790—173 (A) establishes criteria to determine when data indi- cating possible racial, ethnic, or gender disparities in the military justice process should be further reviewed; and (B) describes how such a review should be conducted. (3) The Secretary of Defense, in consultation with the Secre- taries of the military departments and the Secretary of Home- land Security, shall— (A) conduct an evaluation to identify the causes of any racial, ethnic, or gender disparities identified in the military justice system; (B) take steps to address the causes of any such dispari- ties, as appropriate. (c) DAC–IPAD ACTIVITIES.— (1) IN GENERAL.—The activities described in this subsection are the following, to be conducted by the independent committee DAC–IPAD: (A) 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. (B) 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. (C) 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. (2) INFORMATION FROM FEDERAL AGENCIES.— (A) IN GENERAL.—Upon request by the chair of the committee, a department or agency of the Federal Govern- ment shall provide information that the committee con- siders necessary to conduct reviews and assessments required by paragraph (1), including military criminal investigation files, charge sheets, records of trial, and per- sonnel records. (B) HANDLING, STORAGE, AND RETURN.—The committee shall handle and store all records received and reviewed under this subsection in accordance with applicable privacy laws and Department of Defense policy, and shall return all records so received in a timely manner. (3) REPORT.—Not later than one year after the date of the enactment of this Act, the committee shall submit to the Secretary of Defense, and to the Committees on Armed Services of the Senate and the House of Representatives, a report setting forth the results of the reviews and assessments required by paragraph (1). The report shall include such recommendations for legislative or administrative action as the committee con- siders appropriate in light of such results. (4) DEFINITIONS.—In this subsection: S. 1790—174 (A) The term ‘‘independent committee DAC–IPAD’’ means the independent committee established by the Sec- retary 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’’. (B) 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. (C) 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. (D) 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. (E) The term ‘‘penetrative sexual assault offense’’ means rape, aggravated sexual assault, sexual assault, forc- ible sodomy, and attempts to commit such offenses under the Uniform Code of Military Justice. SEC. 540J. 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 providing an effective defense for the accused; 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) INTERVIEW OF VICTIM.—A defense investigator may question a victim under a pilot program only upon a request made through the Special Victims’ Counsel or other counsel if the victim does not have such counsel. (2) UNIFORMITY ACROSS MILITARY JUSTICE SYSTEMS.—The Secretary of Defense shall ensure that the personnel and activi- ties of defense investigators under the pilot programs are, to the extent practicable, uniform across the military justice sys- tems 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 depart- ments, submit to the Committees on Armed Services of the S. 1790—175 Senate and the House of Representatives a report on the pilot programs under subsection (a). (2) ELEMENTS.—The report required by paragraph (1) shall include the following: (A) A description of each pilot program, including the personnel and activities of defense investigators under such pilot program. (B) An assessment of the feasibility and advisability of establishing and maintaining defense investigators as an element of the military justice systems of the military departments. (C) If the assessment under subparagraph (B) is that the establishment and maintenance of defense investigators as an element of the military justice systems of the military departments is feasible and advisable, such recommenda- tions for legislative and administrative action as the Sec- retary of Defense considers appropriate to establish and maintain defense investigators as an element of the mili- tary justice systems. (D) Any other matters the Secretary of Defense con- siders appropriate. SEC. 540K. 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 sub- section 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 sub- section (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 S. 1790—176 the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note). SEC. 540L. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PRO- GRAM FOR CERTAIN MILITARY DEPENDENTS WHO ARE A VICTIM OR WITNESS OF AN OFFENSE UNDER THE UNI- FORM 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 sub- section (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 adminis- tration action to implement the program as the Secretary considers appropriate. SEC. 540M. 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 statu- tory 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 S. 1790—177 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 authoriza- tion 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 para- graph (1), the following: (A) An assessment of the extent to which such require- ment was implemented, or is currently being implemented, as applicable, by each Armed Force to which such require- ment applied or applies. (B) A description and assessment of the actions taken by each of the Department of Defense, the military depart- ment 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 implementa- tion of such requirements by the Armed Forces, that the Comp- troller 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 recommenda- tions of the Comptroller General as a result of the study as of the date of such briefing. SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50. It is the sense of Congress that— (1) the American people should recognize the role of racial bias during the era in which the prosecution and convictions of the Port Chicago 50 took place for mutiny following the deadliest home-front disaster in World War II, in which 320 were killed on July 17, 1944, during a munitions explosion; and (2) in light of the well-documented challenges associated with uniformed service by African Americans during this era, the Secretary of the Navy should, as appropriate, recommend executive action in favor of the 49 remaining Sailors with general court-martial convictions and the 207 remaining Sailors with summary court-martial convictions. Subtitle E—Other Legal Matters SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS’ COUNSEL AUTHORITIES. (a) ENHANCEMENT OF LEGAL CONSULTATION AND ASSISTANCE IN CONNECTION WITH POTENTIAL VICTIM BENEFITS.—Paragraph S. 1790—178 (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 para- graph (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) STAFFING CASELOAD LEVELS.—Such section is further amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following new sub- section (g): ‘‘(g) STAFFING CASELOAD LEVELS.—Commencing not later than four years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, each Secretary concerned shall ensure that the number of Special Victims’ Counsel serving in each military department (and with respect to the Coast Guard) is sufficient to ensure that the average caseload of a Special Victims’ Counsel does not exceed, to the extent practicable, 25 cases any given time.’’. SEC. 542. AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL AT MILITARY INSTALLATIONS. (a) DEADLINE FOR AVAILABILITY.—Section 1044e(f) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(4)(A) Subject to subparagraph (B), 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 a Special Victims’ Counsel, a Special Victims’ Counsel shall be made available at such installation for access by such member by not later than 72 hours after such request. ‘‘(B) If the Secretary concerned determines that, due to exigent circumstances related to military activities, a Special Victims’ Counsel cannot be made available to a member of the armed forces within the time period required by subparagraph (A), the Secretary concerned shall ensure that a Special Victims’ Counsel is made available to such member as soon as is practical under such cir- cumstances.’’. (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 S. 1790—179 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. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT. (a) NOTIFICATION OF ISSUANCE.—Section 1567a of title 10, United States Code, is amended— (1) in subsection (a), by striking ‘‘and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify’’ and inserting ‘‘, the commander of the unit to which the member is assigned shall, not later than seven days after the date of the issuance of the order, notify’’; (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following new sub- section (b); ‘‘(b) NOTIFICATION IN EVENT OF TRANSFER.—In the event that a member of the armed forces against whom a military protective order is issued is transferred to another unit— ‘‘(1) not later than the date of the transfer, the commander of the unit from which the member is transferred shall notify the commander of the unit to which the member is transferred of— ‘‘(A) the issuance of the protective order; and ‘‘(B) the individuals involved in the order; and ‘‘(2) not later than seven days after receiving the notice under paragraph (1), the commander of the unit to which the member is transferred shall provide notice of the order to the appropriate civilian authorities in accordance with sub- section (a).’’; and (4) in subsection (c), as so redesignated, by striking ‘‘com- mander of the military installation’’ and inserting ‘‘commander of the unit to which the member is assigned’’. (b) ANNUAL REPORT REQUIRED.—Not later than March 1, 2021, and each year thereafter through 2025, the Secretary of Defense shall submit to the congressional defense committees a report that identifies— (1) the number of military protective orders issued in the calendar year preceding the year in which the report is sub- mitted; and (2) the number of such orders that were reported to appro- priate civilian authorities in accordance with section 1567a(a) of title 10, United States Code, in such preceding year. SEC. 544. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF CER- TAIN ACCREDITED INSTITUTIONS. Section 105 of title 17, United States Code, is amended— (1) by inserting ‘‘(a) In general.—’’ before ‘‘Copyright’’; and (2) by adding at the end the following: ‘‘(b) COPYRIGHT PROTECTION OF CERTAIN OF WORKS.—Subject to subsection (c), the covered author of a covered work owns the copyright to that covered work. S. 1790—180 ‘‘(c) USE BY FEDERAL GOVERNMENT.—The Secretary of Defense may direct the covered author of a covered work to provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive license to reproduce, distribute, perform, or display such covered work for purposes of the United States Government. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered author’ means a civilian member of the faculty of a covered institution. ‘‘(2) The term ‘covered institution’ means the following: ‘‘(A) National Defense University. ‘‘(B) United States Military Academy. ‘‘(C) Army War College. ‘‘(D) United States Army Command and General Staff College. ‘‘(E) United States Naval Academy. ‘‘(F) Naval War College. ‘‘(G) Naval Post Graduate School. ‘‘(H) Marine Corps University. ‘‘(I) United States Air Force Academy. ‘‘(J) Air University. ‘‘(K) Defense Language Institute. ‘‘(L) United States Coast Guard Academy. ‘‘(3) The term ‘covered work’ means a literary work pro- duced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.’’. SEC. 545. TERMINATION OF LEASES OF PREMISES AND MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR CATA- STROPHIC 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. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF ACT. Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended— (1) in paragraph (1), by inserting ‘‘(including orders for separation or retirement)’’ after ‘‘official military orders’’; and (2) by adding at the end the following new paragraph: S. 1790—181 ‘‘(3) PERMANENT CHANGE OF STATION.—The term ‘perma- nent change of station’ includes separation or retirement from military service.’’. SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER SERVICEMEMBERS CIVIL RELIEF ACT. (a) IN GENERAL.—Section 802(a) of the Servicemembers Civil Relief Act (50 U.S.C. 4042(a)) is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; (2) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: ‘‘(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.’’. (b) CONSTRUCTION.—The amendments made by subsection (a) shall not be construed to imply that a person aggrieved by a violation of such Act did not have a right to bring a civil action as a representative party on behalf of members of a class or be a member of a class in a civil action before the date of the enactment of this Act. SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC VIOLENCE OFFENSES. (a) IN GENERAL.—Not later than December 1, 2020, the Sec- retary of Defense shall carry out a program to provide legal counsel (referred to in this section as ‘‘Counsel’’) to victims of alleged domestic violence offenses who are otherwise eligible for military legal assistance under section 1044 of title 10, United States Code. (b) FORM OF IMPLEMENTATION.—The program required under subsection (a) may be carried out as part of another program of the Department of Defense or through the establishment of a separate program. (c) TRAINING AND TERMS.—The Secretary of Defense shall ensure that Counsel— (1) receive specialized training in legal issues commonly associated with alleged domestic violence offenses; and (2) to the extent practicable, serve as Counsel for a period of not less than 2 years. (d) ATTORNEY-CLIENT RELATIONSHIP.—The relationship between a Counsel and a victim in the provision of legal advice and assist- ance shall be the relationship between an attorney and client. (e) PARALEGAL SUPPORT.—The Secretary of Defense shall ensure that sufficient trained paralegal support is provided to Counsel under the program. (f) REPORT REQUIRED.— (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 on the implementa- tion of the program under subsection (a). (2) ELEMENTS.—The report required under paragraph (1) shall include the following: (A) A description and assessment of the manner in which the Department of Defense will implement the pro- gram required under subsection (a). S. 1790—182 (B) An explanation of whether the program will be carried out as part of another program of the Department or through the establishment of a separate program. (C) A comprehensive description of the additional per- sonnel, resources, and training that will be required to implement the program, including identification of the spe- cific number of additional billets that will be needed to staff the program. (D) Recommendations for any modifications to law that may be necessary to effectively and efficiently implement the program. (g) ALLEGED DOMESTIC VIOLENCE OFFENSE DEFINED.—In this section, the term ‘‘alleged domestic violence offense’’ means any allegation of— (1) 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 com- mitted against a spouse, intimate partner, or immediate family member; (2) 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 imme- diate family member; or (3) an attempt to commit an offense specified in paragraph (1) or (2) as punishable under section 880 of such title (article 80 of the Uniform Code of Military Justice). SEC. 549. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PEND- ENCY 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. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM FOR CERTAIN PURPOSES. (a) TREATMENT UNDER FOIA.—Victim disclosures under the Catch a Serial Offender Program shall be withheld from public disclosure under paragraph (b)(3) of section 552 of title 5, United States Code (commonly referred to as the ‘‘Freedom of Information Act’’). (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. S. 1790—183 SEC. 550A. POLICIES AND PROCEDURES ON REGISTRATION AT MILI- TARY 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 com- manders of installations in the registration process. (b) CIVILIAN PROTECTIVE ORDERS.—A civilian protective order described in this subsection is any civilian protective order as follows: (1) A civilian protective order against a member of the Armed Forces assigned to the installation concerned. (2) A civilian protective order against a civilian employee employed at the installation concerned. (3) A civilian protective order against the civilian spouse or intimate partner of a member of the Armed Forces on active duty and assigned to the installation concerned, or of a civilian employee described in paragraph (2), which order provides for the protection of such member or employee. (c) PARTICULAR ELEMENTS.—The policies and procedures required by subsection (a) shall include the following: (1) A requirement for notice between and among the com- mander, 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 poli- cies 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 installa- tion. SEC. 550B. 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’’). S. 1790—184 (2) DEADLINE FOR ESTABLISHMENT.—The Secretary shall establish the Advisory Committee not later than one year 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 adverse behaviors, including the prevention of suicide and the prevention of substance abuse. (C) Expertise in the change of culture of large organiza- tions. (D) Expertise in implementation science. (2) BACKGROUND OF INDIVIDUALS.—Individuals appointed to the Advisory Committee may include individuals with exper- tise 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 con- tinuum of harm)) involving members of the Armed Forces. (B) The policies, programs, and practices of each mili- tary 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 pro- viding advice to the Secretary pursuant to this subsection, the Advisory Committee shall review, on an ongoing basis, the following: (A) Closed 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 Inves- tigation, Prosecution, and Defense of Sexual Assault in the Armed Forces (DAC-IPAD) on matters of joint interest to the two Advisory Committees. S. 1790—185 (d) ANNUAL REPORT.—Not later than March 30 each year, the Advisory Committee shall submit to the Secretary and the Commit- tees on Armed Services of the Senate and the House of Representa- tives 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. (f) TERMINATION.— (1) IN GENERAL.—Except as provided in paragraph (2), the Advisory Committee shall terminate on the date that is five years after the date of the establishment of the Advisory Com- mittee pursuant to subsection (a). (2) CONTINUATION.—The Secretary of Defense may continue the Advisory Committee after the termination date applicable under paragraph (1) if the Secretary determines that continu- ation of the Advisory Committee after that date is advisable and appropriate. If the Secretary determines to continue the Advisory Committee after that date, the Secretary shall notify the Committees on the Armed Services of the Senate and House of Representatives. SEC. 550C. TRAINING FOR SPECIAL VICTIMS’ COUNSEL ON CIVILIAN CRIMINAL JUSTICE MATTERS IN THE STATES OF THE MILITARY INSTALLATIONS TO WHICH ASSIGNED. (a) TRAINING.— (1) IN GENERAL.—Except as provided in subsection (c), upon the assignment of a Special Victims’ Counsel (including a Victim Legal Counsel of the Navy) to a military installation in the United States, such Counsel shall be provided appropriate training on the law and policies of the State or States in which such military installation is located with respect to the criminal justice matters specified in paragraph (2). The purpose of the training is to assist such Counsel in providing victims of alleged sex-related offenses with information necessary to make an informed decision regarding preference as to the juris- diction (whether court-martial or State court) in which such offenses will be prosecuted. (2) CRIMINAL JUSTICE MATTERS.—The criminal justice mat- ters specified in this paragraph, with respect to a State, are the following: (A) Victim rights. (B) Prosecution of criminal offenses. (C) Sentencing for conviction of criminal offenses. (D) Protective orders. (b) ALLEGED SEX-RELATED OFFENSE DEFINED.—In this section, the term ‘‘alleged sex-related offense’’ means any allegation of— (1) a violation of section 920, 920b, 920c, or 930 of title 10, United States Code (article 120, 120b, 120c, or 130 of the Uniform Code of Military Justice); or S. 1790—186 (2) an attempt to commit an offense specified in a para- graph (1) as punishable under section 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). (c) EXCEPTION.—The requirements of this section do not apply to a Special Victims’ Counsel of the Coast Guard. SEC. 550D. ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS TO PREVENT AND COM- BAT CHILD SEXUAL EXPLOITATION. (a) IN GENERAL.—Beginning not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish and carry out an initiative to enhance the capability of military criminal investigative organizations to prevent and com- bat child sexual exploitation. (b) ACTIVITIES.—In establishing and carrying out the initiative under subsection (a), the Secretary of Defense may— (1) work with internal and external functional experts to train the personnel of military criminal investigative organiza- tions across the Department regarding— (A) technologies, tools, and techniques, including digital forensics, to enhance the investigation of child sexual exploitation; and (B) evidence-based forensic interviewing of child vic- tims, and the referral of child victims for trauma-informed mental and medical health care, and other treatment and support services; (2) to the extent authorized by law, collaborate with Fed- eral, State, local, and other civilian law enforcement agencies on issues relating to child sexual exploitation, including by— (A) participating in task forces established by such agencies for the purpose of preventing and combating child sexual exploitation; (B) establishing cooperative agreements to facilitate co-training and collaboration with such agencies; and (C) ensuring that streamlined processes for the referral of child sexual exploitation cases to other agencies and jurisdictions, as appropriate, are fully operational; (3) as appropriate, assist in educating the military commu- nity on the prevention and response to child sexual exploitation; and (4) carry out such other activities as the Secretary deter- mines to be relevant. SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE OF MILITARY PROTECTIVE ORDERS. (a) STUDY.—The Secretary of Defense shall conduct a study on the feasibility of establishing a database of military protective orders issued by military commanders against individuals suspected of having committed an offense of domestic violence under section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice). The study shall include an examination of each of the following: (1) The feasibility of creating a database to record, track, and report such military protective orders to the National Instant Criminal Background Check System. (2) The feasibility of establishing a process by which a military judge or magistrate may issue a protective order S. 1790—187 against an individual suspected of having committed such an offense. (3) How the database and process described in paragraphs (1) and (2), respectively, may differ from analogous civilian databases and processes, including with regard to due process and other procedural protections. (b) REPORT.—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 the results of the study conducted under subsection (a). SEC. 550F. GAO REVIEW OF USERRA AND SCRA. (a) REPORT REQUIRED.—Not later than January 31, 2021, the Comptroller General of the United States shall conduct a review and submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding what the Comp- troller General determines are the effects of the common commercial and governmental practices of including a mandatory arbitration clause in employment and consumer agreements, on the ability of servicemembers to assert claims under and secure redress for violations of— (1) chapter 43 of title 38, United States Code (commonly referred to as the ‘‘Uniformed Services Employment and Re- employments Rights Act of 1994’’ and referred to in this section as ‘‘USERRA’’); and (2) the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq. (referred to in this section as ‘‘SCRA’’)). (b) ELEMENTS.—The report under this section shall include the following: (1) Each process by which a servicemember may assert a claim under USERRA or SCRA, including— (A) administrative assistance; (B) support, and dispute resolution processes provided by Federal and State agencies; (C) arbitration; and (D) litigation. (2) With regards to each process identified under paragraph (1), an evaluation of— (A) the flexibility the process affords to the servicemem- ber and other parties to the process; (B) the burden on the servicemember and other parties to the process; (C) the financial cost of the process to the servicemem- ber and the other parties; (D) the speed of each process, including the rate at which each claim pursued under such process is resolved; (E) the confidentiality of each process; and (F) the effects of the process. (3) Based on data regarding the results of past actions to enforce servicemember rights and benefits under USERRA and SCRA, including data of the Departments of Defense and Labor regarding dispute resolution under USERRA and data of the Department of Justice regarding litigation under SCRA— (A) an analysis of the extent to which each of the processes identified in paragraph (1) has been employed to address claims under USERRA or SCRA and S. 1790—188 (B) the extent to which each such process achieved a final disposition favorable to the servicemember. (4) An assessment of general societal trends in the use of mandatory arbitration clauses in employment and consumer agreements, including any trend in a specific industry or employment sector that relies on mandatory arbitration in such contracts and agreements. (5) An assessment and explanation of any effect— (A) of the use of mandatory arbitration clauses in employment or consumer agreements on military readiness and deployability. (B) of USERRA or SCRA on the willingness of employers to employ, and consumer service businesses to provide services to servicemembers and their families. Subtitle F—Member Education SEC. 551. 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 ‘‘commis- sioned 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 fol- lowing 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 require- ments for acceptance of a commission as a commissioned officer in the armed forces; and’’; and (E) in subparagraph (B) of paragraph (3), as redesig- nated by subparagraph (C) of this paragraph, by striking ‘‘or law specialist’’; (3) in subsection (c)— (A) in the first sentence, by inserting ‘‘and enlisted members’’ after ‘‘Officers’’; and (B) in the second sentence, by inserting ‘‘or enlisted member’’ after ‘‘officer’’ each place it appears; S. 1790—189 (4) in subsection (d), by inserting ‘‘and enlistment members’’ after ‘‘officers’’; (5) in subsection (e), by inserting ‘‘or enlistment member’’ after ‘‘officer’’; and (6) in subsection (f), by inserting ‘‘or enlisted member’’ after ‘‘officer’’. (b) CONFORMING AND CLERICAL AMENDMENTS.— (1) HEADING AMENDMENT.—The heading of such section is amended to read as follows: ‘‘§ 2004. Detail as students at law schools; commissioned offi- cers; 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. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE STARBASE PROGRAM. Section 2193b of title 10, United States Code, is amended— (1) in subsection (a), by inserting ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ after ‘‘military departments’’; and (2) in subsection (f), by striking ‘‘and the Secretaries of the military departments’’ and inserting ‘‘, the Secretaries of the military departments, and the Secretary of the Department in which the Coast Guard is operating’’. SEC. 553. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY ARMAMENT GRADUATE SCHOOL; LIMITATION ON ESTABLISHMENT OF CERTAIN EDUCATIONAL INSTITU- TIONS. (a) DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY ARMAMENT GRADUATE SCHOOL.— (1) IN GENERAL.—Chapter 751 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 7422. Degree granting authority for United States Army Armament Graduate School ‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary of the Army, the Chancellor of the United States Army Armament Graduate School may, upon the recommendation of the faculty and provost of the school, confer appropriate degrees upon graduates who meet the degree requirements. ‘‘(b) LIMITATION.—A degree may not be conferred under this section unless— ‘‘(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and ‘‘(2) the United States Army Armament Graduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education. S. 1790—190 ‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— ‘‘(A) a copy of the self-assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and ‘‘(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority. ‘‘(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Rep- resentatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation. ‘‘(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Armament Graduate School to award any new or existing degree.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘‘7422. Degree granting authority for United States Army Armament Graduate School.’’. (b) LIMITATION.— (1) IN GENERAL.—Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2017. Limitation on establishment of postsecondary edu- cational institutions pending notice to Congress ‘‘(a) LIMITATION.—The Secretary of Defense may not establish a postsecondary educational institution within the Department of Defense until a period of one year has elapsed following the date on which the Secretary notifies the congressional defense commit- tees of the intent of the Secretary to establish the institution. ‘‘(b) POSTSECONDARY EDUCATIONAL INSTITUTION DEFINED.—In this section, the term ‘postsecondary educational institution’ means a school or other educational institution that is intended to provide students with a course of instruction that is comparable, in length and academic rigor, to a course of instruction for which an associ- ate’s, bachelor’s, or graduate degree may be awarded.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘‘2017. Limitation on establishment of postsecondary educational institutions pend- ing notice to Congress.’’. (3) APPLICABILITY.—Section 2017 of title 10, United States Code, as added by paragraph (1), shall apply with respect S. 1790—191 to postsecondary educational institutions intended to be estab- lished by the Secretary of Defense on or after the date of the enactment of this Act. SEC. 554. PROHIBITION ON OFF-DUTY EMPLOYMENT FOR CADETS AND MIDSHIPMEN COMPLETING OBLIGATED SERVICE AFTER GRADUATION. (a) MILITARY ACADEMY.—Section 7448(a)(5)(A) of title 10, United States Code, is amended by inserting ‘‘or seek or accept approval for off-duty employment while completing the cadet’s commissioned service obligation’’ before ‘‘to obtain employment’’. (b) NAVAL ACADEMY.—Section 8459(a)(5)(A) of title 10, United States Code, is amended by inserting ‘‘or seek or accept approval for off-duty employment while completing the midshipman’s commissioned service obligation’’ before ‘‘to obtain employment’’. (c) AIR FORCE ACADEMY.—Section 9448(a)(5)(A) of title 10, United States Code, is amended by inserting ‘‘or seek or accept approval for off-duty employment while completing the cadet’s commissioned service obligation’’ before ‘‘to obtain employment’’. SEC. 555. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE. (a) UNITED STATES MILITARY ACADEMY.—Section 7461 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE.— (1) The Secretary of the Army shall provide for timely consideration of and action on a request submitted by a cadet appointed to the United States Military Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education. ‘‘(2) The Secretary of the Army shall prescribe regulations to carry out this subsection, within guidelines provided by the Sec- retary of Defense that— ‘‘(A) provide that the Superintendent of the United States Military Academy shall ensure that any cadet who has been appointed to the United States Military Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; ‘‘(B) direct the Superintendent of the United States Military Academy, in coordination with the Superintendent of the mili- tary service academy to which the cadet requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; ‘‘(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and S. 1790—192 ‘‘(iii) upon approval of such request, to take all nec- essary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and ‘‘(C) direct the Superintendent of the United States Military Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; ‘‘(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and ‘‘(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. ‘‘(3) If the Superintendent of the United States Military Academy denies a request for transfer under this subsection, the cadet may request review of the denial by the Secretary of the Army, who shall take action on such request not later than 72 hours after receipt of the formal request for review. ‘‘(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. ‘‘(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Military Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and require- ments set forth in sections 7442, 8454, and 9442 of this title.’’. (b) UNITED STATES NAVAL ACADEMY.—Section 8480 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A MID- SHIPMAN WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE.—(1) The Secretary of the Navy shall provide for timely consideration of and action on a request submitted by a midshipman appointed to the United States Naval Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher edu- cation. ‘‘(2) The Secretary of the Navy shall prescribe regulations to carry out this subsection, within guidelines provided by the Sec- retary of Defense that— ‘‘(A) provide that the Superintendent of the United States Naval Academy shall ensure that any midshipman who has been appointed to the United States Naval Academy and who S. 1790—193 is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a midshipman is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; ‘‘(B) direct the Superintendent of the United States Naval Academy, in coordination with the Superintendent of the mili- tary service academy to which the midshipman requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the midshipman; ‘‘(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and ‘‘(iii) upon approval of such request, to take all nec- essary and appropriate action to effectuate the transfer of the midshipman to the military service academy con- cerned as expeditiously as possible; and ‘‘(C) direct the Superintendent of the United States Naval Academy, in coordination with the Secretary of the military department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the midshipman requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the midshipman; ‘‘(ii) subject to the midshipman’s acceptance for admis- sion to the institution of higher education to which the midshipman wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and ‘‘(iii) to take all necessary and appropriate action to effectuate the midshipman’s enrollment in the institution of higher education to which the midshipman wishes to transfer and to process the midshipman for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. ‘‘(3) If the Superintendent of the United States Naval Academy denies a request for transfer under this subsection, the midshipman may request review of the denial by the Secretary of the Navy, who shall take action on such request not later than 72 hours after receipt of the formal request for review. ‘‘(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. ‘‘(5) A midshipman who transfers under this subsection may retain the midshipman’s appointment to the United States Naval Academy or may be appointed to the military service academy to which the midshipman transfers without regard to the limitations and requirements set forth in sections 7442, 8454, and 9442 of this title.’’. (c) UNITED STATES AIR FORCE ACADEMY.—Section 9461 of title 10, United States Code, is amended by adding at the end the following new subsection: S. 1790—194 ‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE.— (1) The Secretary of the Air Force shall provide for timely consider- ation of and action on a request submitted by a cadet appointed to the United States Air Force Academy who is the victim of an alleged sexual assault or other offense covered by section 920, 920c, or 930 of this title (article 120, 120c, or 130 of the Uniform Code of Military Justice) for transfer to another military service academy or to enroll in a Senior Reserve Officers’ Training Corps program affiliated with another institution of higher education. ‘‘(2) The Secretary of the Air Force shall prescribe regulations to carry out this subsection, within guidelines provided by the Secretary of Defense that— ‘‘(A) provide that the Superintendent of the United States Air Force Academy shall ensure that any cadet who has been appointed to the United States Air Force Academy and who is a victim of an alleged sexual assault or other offense referred to in paragraph (1), is informed of the right to request a transfer pursuant to this section, and that any formal request submitted by a cadet is processed as expeditiously as practicable through the chain of command for review and action by the Superintendent; ‘‘(B) direct the Superintendent of the United States Air Force Academy, in coordination with the Superintendent of the military service academy to which the cadet requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; ‘‘(ii) to approve such request for transfer unless there are exceptional circumstances that require denial of the request; and ‘‘(iii) upon approval of such request, to take all nec- essary and appropriate action to effectuate the transfer of the cadet to the military service academy concerned as expeditiously as possible; and ‘‘(C) direct the Superintendent of the United States Air Force Academy, in coordination with the Secretary of the mili- tary department that sponsors the Senior Reserve Officers’ Training Corps program at the institution of higher education to which the cadet requests to transfer— ‘‘(i) to take action on a request for transfer under this subsection not later than 72 hours after receiving the formal request from the cadet; ‘‘(ii) subject to the cadet’s acceptance for admission to the institution of higher education to which the cadet wishes to transfer, to approve such request for transfer unless there are exceptional circumstances that require denial of the application; and ‘‘(iii) to take all necessary and appropriate action to effectuate the cadet’s enrollment in the institution of higher education to which the cadet wishes to transfer and to process the cadet for participation in the relevant Senior Reserve Officers’ Training Corps program as expeditiously as possible. ‘‘(3) If the Superintendent of the United States Air Force Academy denies a request for transfer under this subsection, the S. 1790—195 cadet may request review of the denial by the Secretary of the Air Force, who shall take action on such request not later than 72 hours after receipt of the formal request for review. ‘‘(4) The Secretary concerned shall ensure that all records of any request, determination, transfer, or other action under this subsection remain confidential, consistent with applicable law and regulation. ‘‘(5) A cadet who transfers under this subsection may retain the cadet’s appointment to the United States Air Force Academy or may be appointed to the military service academy to which the cadet transfers without regard to the limitations and require- ments set forth in sections 7442, 8454, and 9442 of this title.’’. SEC. 556. REDESIGNATION OF THE COMMANDANT OF THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY AS THE DIRECTOR AND CHANCELLOR OF SUCH INSTITUTE. (a) REDESIGNATION.—Section 9414b(a) of title 10, United States Code, is amended— (1) in the subsection heading, by striking ‘‘COMMANDANT’’ and inserting ‘‘DIRECTOR AND CHANCELLOR’’; (2) by striking ‘‘Commandant’’ each place it appears and inserting ‘‘Director and Chancellor’’; and (3) in the heading of paragraph (3), by striking ‘‘COM- MANDANT’’ and inserting ‘‘DIRECTOR AND CHANCELLOR’’. (b) CONFORMING AMENDMENTS.—Section 9414(f) of such title is amended by striking ‘‘Commandant’’ both places it appears and inserting ‘‘Director and Chancellor’’. (c) REFERENCES.—Any reference in any law, regulation, map, document, paper, or other record of the United States to the Com- mandant of the United States Air Force Institute of Technology shall be deemed to be a reference to the Director and Chancellor of the United States Air Force Institute of Technology. SEC. 557. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR ASSO- CIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE AIR FORCE. Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) Enlisted members of the armed forces other than the Air Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.’’. SEC. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN. (a) TESTING.—The Superintendent of a military service academy shall provide testing for speech disorders to incoming cadets or midshipmen under the jurisdiction of that Superintendent. (b) NO EFFECT ON ADMISSION.—The testing under subsection (a) may not have any effect on admission to a military service academy. (c) RESULTS.—The Superintendent shall provide each cadet or midshipman under the jurisdiction of that Superintendent the result of the testing under subsection (a) and a list of warfare unrestricted line officer positions and occupation specialities that require success- ful performance on the speech test. (d) THERAPY.—The Superintendent shall furnish speech therapy to a cadet or midshipman under the jurisdiction of that Super- intendent at the election of the cadet or midshipman. S. 1790—196 (e) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretaries of the military departments shall submit to the Committees on Armed Services of the Senate and the House of Representatives a joint report that includes the following: (1) The number of cadets or midshipmen with an identified speech disorder in each military service academy. (2) A list of the health care and administrative resources related to speech disorders available to cadets and midshipmen described in paragraph (1). (3) A list of positions and specialties described in subsection (c) pursued by the cadets and midshipmen described in para- graph (1) at the time of graduation. SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION ASSISTANCE FOR MEMBERS OF THE ARMED FORCES. The Secretary of each military department shall carry out tuition assistance programs for members of an Armed Force under the jurisdiction of that Secretary during fiscal year 2020 using an amount not less than the sum of any amounts appropriated for tuition assistance for members of that Armed Force for fiscal year 2020. SEC. 560. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUI- TION ASSISTANCE PROGRAM. (a) LIST OF PARTICIPATING INSTITUTIONS.—The Secretary of Defense shall make available, on a publicly accessible website of the Department of Defense, a list that identifies— (1) each institution of higher education that receives funds under the Department of Defense Tuition Assistance Program; and (2) the amount of such funds received by the institution. (b) ANNUAL UPDATES.—The Secretary of Defense shall update the list described in subsection (a) not less frequently than once annually. SEC. 560A. INCLUSION OF INFORMATION ON FREE CREDIT MONI- TORING IN ANNUAL FINANCIAL LITERACY BRIEFING. The Secretary of each military department shall ensure that the annual financial literacy education briefing provided to members of the Armed Forces includes information on the availability of free credit monitoring services pursuant to section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)). SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE PILOT’S CERTIFICATES. (a) PROGRAMS AUTHORIZED.—Each Secretary of a military department may carry out a program under which qualified partici- pants may obtain a private pilot’s certificate through an institution of higher education with an accredited aviation program that is approved by such Secretary pursuant to subsection (c). (b) PARTICIPANT QUALIFICATIONS AND TYPES OF ASSISTANCE.— (1) IN GENERAL.—In carrying out a program under sub- section (a), the Secretary of a military department shall pre- scribe— (A) the standards to be met for participation in the program; and S. 1790—197 (B) the types of assistance, if any, to be provided to individuals who participate in the program. (2) UNIFORMITY ACROSS MILITARY DEPARTMENTS.—To the extent practicable, the standards and types of assistance pre- scribed under paragraph (1) shall be uniform across the military departments. (c) APPROVED INSTITUTIONS OF HIGHER EDUCATION.— (1) IN GENERAL.—In carrying out a program under sub- section (a), the Secretary of a military department shall main- tain a list of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) through which an individual participating in the program may obtain a private pilot’s certificate. (2) QUALIFICATIONS AND STANDARDS.—Any institution of higher education included on a list under paragraph (1), and any course of instruction toward obtaining a private pilot’s certificate offered by such institution, shall meet such qualifica- tions and standards as the Secretary shall prescribe for pur- poses of the program. Such qualifications and standards shall include a requirement that any institution included on the list award, to individual participating in the program, academic credit at such institution for any portion of course work com- pleted on the ground school course of instruction of such institu- tion in connection with obtaining a private pilot’s certificate, regardless of whether the participant fully completed the ground school course of instruction. (d) ANNUAL REPORTS ON PROGRAMS.— (1) IN GENERAL.—Not later than February 28, 2021, and each year thereafter, each Secretary of a military department shall submit to Congress a report on the program, if any, carried out by such Secretary under subsection (a) during the preceding calendar year. (2) ELEMENTS.—Each report under paragraph (1) shall include, for the program and year covered by such report, the following: (A) The total number of participants in the program. (B) The number of private pilot’s certificates awarded to participants in the program. (C) The number of participants in the program who fully completed a ground school course of instruction in connection with obtaining a private pilot’s certificate. Subtitle G—Member Training and Transition SEC. 561. REQUIREMENT TO PROVIDE INFORMATION REGARDING BENEFITS CLAIMS TO MEMBERS DURING TAP COUN- SELING. Section 1142(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secre- taries of Defense and Veterans Affairs.’’. S. 1790—198 SEC. 562. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP PRO- GRAM 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 para- graph (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. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED TRANSITION ASSISTANCE PROGRAM. Section 552(b)(4) 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: ‘‘(E) The evaluation of the Secretary regarding the effectiveness of the Transition Assistance Program for all members of the Armed Forces. ‘‘(F) The evaluation of the Secretary regarding the effectiveness of the Transition Assistance Program specifi- cally for female members of the Armed Forces.’’. SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT ON THE IMPROVED TRANSITION ASSISTANCE PROGRAM. Section 552(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), as amended by section 563 of this Act, is further amended— (1) by redesignating subparagraphs (A) through (F) as sub- paragraphs (B) through (G), respectively; (2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph (A): ‘‘(A) The total number of members eligible to attend Transition Assistance Program counseling.’’; and (3) by adding at the end the following new subparagraphs: ‘‘(H) The number of members who participated in pro- grams under section 1143(e) of title 10, United States Code (commonly referred to as ‘Job Training, Employment Skills, Apprenticeships and Internships (JTEST-AI)’ or ‘Skill Bridge’). ‘‘(I) Such other information as is required to provide Congress with a comprehensive description of the participa- tion of the members in the Transition Assistance Program and programs described in subparagraph (H).’’. SEC. 565. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE CORPS RECRUIT DEPOTS. (a) PARRIS ISLAND.— (1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender. (2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act. (b) SAN DIEGO.— S. 1790—199 (1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender. (2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act. SEC. 566. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE JURIS- DICTION OF THE SECRETARIES OF THE MILITARY DEPART- MENTS. (a) ASSESSMENT.—The Inspector General of the Department of Defense shall conduct an assessment of the deaths of recruits at facilities under the jurisdiction of the Secretaries of the military departments, and the effectiveness of the current medical protocols on the training bases. (b) REPORT.—Not later than September 30, 2020, the Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representative a report containing the results of the assessment conducted under subsection (a). The report shall include the following: (1) The number of recruits who died during basic training in the five years preceding the date of the report. (2) The causes of deaths described in paragraph (1). (3) The types of medical treatment that was provided to recruits described in paragraph (1). (4) Whether any of the deaths identified under paragraph (1) were found to be a result of medical negligence. (5) A description of medical capabilities and personnel available to the recruits at each facility. (6) A description of medical resources accessible to the recruits at the company level at each facility. (7) A description of 24-hour medical resources available to recruits at each facility. (8) An evaluation of the guidelines and resources in place to monitor sick recruits. (9) An evaluation of how supervisors evaluate and deter- mine whether a sick recruit should continue training or further seek medical assistance. (10) An evaluation of how the Secretaries of the military departments can increase visibility of the comprehensive med- ical status of a sick recruit to instructors and supervisors in order to provide better situational awareness of the such medical status. (11) An evaluation of how to improve medical care for recruits. SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS REGARDING DISINFORMATION CAMPAIGNS. (a) REVIEW.—Not later than 120 days after the enactment of this Act, the Secretary of Defense shall conduct a review of existing programs, tools, and resources of the Department of Defense for training members of the Armed Forces and employees of the Department regarding the threat of disinformation campaigns specifically targeted at such individuals and the families of such individuals. (b) REPORT REQUIRED.—Not later than 270 days after the enact- ment of this Act, the Secretary of Defense shall submit a report S. 1790—200 to the congressional defense committees regarding the programs, tools, and resources identified under subsection (a). SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION ASSISTANCE PROGRAMS. The training provided a commander of a military installation in connection with the commencement of assignment to the installa- tion shall include a module on the covered transition assistance programs available for members of the Armed Forces assigned to the installation. SEC. 569. MACHINE READABILITY AND ELECTRONIC TRANSFER- ABILITY OF CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214). (a) MODIFICATION REQUIRED.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to— (1) be machine readable and electronically transferable; and (2) include a specific block explicitly identified as the loca- tion in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty. (b) DEADLINE FOR MODIFICATION.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified pursuant to subsection (a), not later than four years after the date of the enactment of this Act. (c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the following: (1) What systems of the Department of Defense require an individual to manually enter information from DD Form 214. (2) What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214. (3) The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary. (4) The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2). SEC. 570. RECORDS OF SERVICE FOR RESERVES. (a) ESTABLISHMENT.—Not later than September 30, 2020, the Secretary of Defense shall establish and implement a standard record of service for members of the reserve components of the Armed Forces, similar to DD Form 214, that summarizes the record of service of each such member, including dates of active duty service. (b) COORDINATION.—In carrying out this section, the Secretary of Defense shall coordinate with the Secretary of Veterans Affairs to ensure that the record established under this section is acceptable as proof of service for former members of the reserve components of the Armed Forces who are eligible for benefits under laws administered by the Secretary of Veterans Affairs to receive such benefits. S. 1790—201 SEC. 570A. 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 profes- sional 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 depart- ment concerned. (b) NARRATIVE REASON FOR SEPARATION IF MENTAL HEALTH CONDITION PRESENT.—If the narrative reason for separation, dis- charge, 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 separation, discharge, or release shall be a condition, not a disability, or Secretarial authority. (c) DEFINITIONS.—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 subpara- graph (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 subpara- graph (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 subpara- graph (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. 570B. PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETERMINATIONS. (a) PROHIBITION ON INVOLUNTARY SEPARATION.— S. 1790—202 (1) IN GENERAL.—No member of the Armed Forces may be involuntarily separated from the Armed Forces solely because that member is a covered member. (2) COVERED MEMBER DEFINED.—In this subsection, the term ‘‘covered member’’ means a member of the Armed Forces who— (A) possesses a current and valid employment authorization document that was issued pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled ‘‘Exercising Prosecutorial Discretion with Respect to Individuals who Came to the United States as Children’’; or (B) is currently in a temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). (b) CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETER- MINATIONS.— (1) IN GENERAL.—With regards to an individual, an immigration officer shall take into consideration evidence of military service by that individual in determining whether— (A) to issue to that individual a notice to appear in removal proceedings, an administrative order of removal, or a reinstatement of a final removal order; and (B) to execute a final order of removal regarding that individual. (2) DEFINITIONS.—In this subsection: (A) The term ‘‘evidence of service’’ means evidence that an individual served as a member of the Armed Forces, and the characterization of each period of service of that individual in the Armed Forces. (B) The term ‘‘immigration officer’’ has the meaning given that term in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 570C. INCLUSION OF QUESTION REGARDING IMMIGRATION STATUS ON PRESEPARATION COUNSELING CHECKLIST (DD FORM 2648). Not later than September 30, 2020, the Secretary of Defense shall modify the preseparation counseling checklist for active compo- nent, active guard reserve, active reserve, full time support, and reserve program administrator service members (DD Form 2648) to include a specific block wherein a member of the Armed Forces may indicate that the member would like to receive information regarding the immigration status of that member and expedited naturalization. SEC. 570D. COUNSELING FOR MEMBERS OF THE ARMED FORCES WHO ARE NOT CITIZENS OF THE UNITED STATES ON NATU- RALIZATION IN THE UNITED STATES. (a) IN GENERAL.—The Secretary concerned shall furnish to covered individuals under the jurisdiction of that Secretary coun- seling regarding how to apply for naturalization in the United States. (b) DEFINITIONS.—In this section: (1) The term ‘‘covered individual’’ means a member of the Armed Forces who is not a citizen of the United States. (2) The term ‘‘Secretary concerned’’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. S. 1790—203 SEC. 570E. 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, 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 des- ignate 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 subpara- graph (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 pro- gram 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 depend- ents 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 Account- ability 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— S. 1790—204 (A) ensure that such member is notified of the ability to modify designations made by such member under para- graph (1)(A); 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 des- ignated pursuant to paragraph (1)(A) may receive informa- tion 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 consulta- tion 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 para- graph (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. 570F. 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 or other agreements with State veterans agencies under which information from Department of Defense Form DD– S. 1790—205 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 informa- tion on Form DD–2648 as the Secretaries jointly consider appro- priate to facilitate community-based organizations and related enti- ties 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 sub- section (a). (2) The benefits and services for which contact information shall be so transmitted. (3) Such other information on the individual as the indi- vidual considers appropriate in connection with the transmittal. SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE TRANSITION ASSISTANCE PROGRAM. (a) ESTABLISHMENT.—The Secretary of Defense, the Secretary of Veterans Affairs, and the Secretary of Labor may jointly carry out a pilot program that creates a one-stop source for online applica- tions for the purposes of assisting members of the Armed Forces and Veterans participating in the Transition Assistance Program (in this section referred to as ‘‘TAP’’). (b) DATA SOURCES.—If the Secretaries carry out the pilot pro- gram, any online application developed under such program shall, in part, aggregate existing data from government resources and the private sector under one uniform resource locator for the pur- pose of assisting members of the Armed Forces and veterans partici- pating in TAP. (c) AVAILABILITY; ACCESSIBILITY.—Any online application devel- oped under a pilot program shall, to the extent feasible be— (1) widely available as a mobile application; and (2) easily accessible by veterans, members of the Armed Forces, and employers. S. 1790—206 (d) ASSESSMENTS.— (1) INTERIM ASSESSMENTS.—Not later than the dates that are one and two years after the date of the commencement of any pilot program under this section, 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 any pilot program under this section, 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 applica- tion under the pilot program helps participants in TAP to accomplish the goals of TAP, accounting for the individual profiles of participants, including military experience and geographic location. (e) BRIEFING.—If the Secretaries carry out the pilot program, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on findings regarding the pilot program, including any recommenda- tions for legislation. (f) DEFINITIONS.—In this section: (1) The term ‘‘mobile application’’ means a software pro- gram that runs on the operating system of a mobile device. (2) The term ‘‘mobile device’’ means a smartphone, tablet computer, or similar portable computing device that transmits data over a wireless connection. Subtitle H—Military Family Readiness and Dependents’ Education SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR ADOPTION IN MORE THAN ONE INCREMENT. Paragraph (5) of section 701(i) of title 10, United States Code, is amended— (1) by striking ‘‘only in one increment’’ and inserting ‘‘in more than one increment’’; and (2) by inserting ‘‘in accordance with regulations prescribed by the Secretary concerned’’ before the period. SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH. Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(l) A member of the armed forces who gives birth while on active duty may be deployed during the period of 12 months begin- ning on the date of such birth only with the approval of a health care provider employed at a military medical treatment facility and— ‘‘(1) at the election of such member; or ‘‘(2) in the interest of national security, as determined by the Secretary of Defense.’’. S. 1790—207 SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANS- PORT REMAINS OF A COVERED DECEDENT TO NO MORE THAN TWO PLACES SELECTED BY THE PERSON DES- IGNATED TO DIRECT DISPOSITION OF THE REMAINS. (a) AUTHORITY.—Section 1482(a)(8) of title 10, United States Code, is amended to read as follows: ‘‘(8)(A) Transportation of the remains, and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37 for an escort of one person, to the place, subject to subparagraph (B), selected by the person designated to direct disposition of the remains or, if such a selection is not made, to a national or other cemetery which is selected by the Secretary and in which burial of the decedent is authorized. ‘‘(B) The person designated to direct disposition of the remains may select two places under subparagraph (A) if the second place is a national cemetery. If that person selects two places, the Secretary concerned may pay for transportation to the second place only by means of reimbursement under subsection (b). ‘‘(C) When transportation of the remains includes transpor- tation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the des- ignee.’’. (b) MILITARY ESCORT AND HONOR GUARD ONLY TO FIRST LOCA- TION.—Section 562(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note) is amended by adding at the end the following: ‘‘If the person designated to direct disposition of the remains selects two places under such section, the term means only the first of those two places.’’. SEC. 574. MILITARY FUNERAL HONORS MATTERS. (a) FULL MILITARY HONORS CEREMONY FOR CERTAIN VET- ERANS.—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 MILI- TARY INSTALLATIONS.— (1) INSTALLATION PLANS FOR HONORS REQUIRED.—The com- mander 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 S. 1790—208 provision, upon request, of full military funeral honors at funerals of veterans for whom a funeral honors detail is author- ized in that section. (2) ELEMENTS.—Each plan of an installation under para- graph (1) shall include the following: (A) Mechanisms to ensure compliance with the require- ments 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 require- ments 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, if other- wise authorized, 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, or 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 Sec- retary 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. 575. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR RELOCATED SPOUSES OF MEMBERS OF THE UNI- FORMED SERVICES. 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 inter- state compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a members 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 S. 1790—209 report on interstate compacts described in paragraph (1) devel- oped through assistance provided under that paragraph. Each report shall set forth the following: ‘‘(A) Any interstate compact developed during the pre- ceding 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 agree- ment, expire on September 30, 2024.’’. SEC. 576. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS. Section 1784a(b) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘Assistance’’; and (2) by adding at the end the following new paragraph: ‘‘(2) A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.’’. SEC. 577. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE LICENSURE AND CERTIFICATION COSTS OF A SPOUSE OF A SERVICEMEMBER ARISING FROM RELOCATION. Section 476(p) of title 37, United States Code, is amended— (1) in paragraph (1), by striking ‘‘armed forces’’ and inserting ‘‘uniformed services’’; (2) in paragraph (2), by striking ‘‘$500’’ and inserting ‘‘$1,000’’; (3) in paragraph (3)— (A) in subparagraph (A), by striking ‘‘and’’; (B) in subparagraph (B), by striking the period and inserting ‘‘; and’’; and (C) by adding at the end the following new subpara- graph: ‘‘(C) an analysis of whether the maximum reimbursement amount under paragraph (2) is sufficient to cover the average costs of relicensing described in paragraph (1).’’; and (4) in paragraph (4), by striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2024’’. SEC. 578. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER ENTITLEMENT UNDER POST-9/11 EDUCATIONAL ASSIST- ANCE PROGRAM. Section 3319(j) of title 38, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) The Secretary of Defense may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years of service in the Armed Forces.’’. S. 1790—210 SEC. 579. ANNUAL STATE REPORT CARD. Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Edu- cation 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. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED FORCES. (a) CLARIFYING TECHNICAL AMENDMENT TO DIRECT HIRE AUTHORITY OF THE DEPARTMENT OF DEFENSE FOR CHILD CARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CEN- TERS.—Section 559(e) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1792 note) is amended by inserting ‘‘(including family childcare coordinator services and school age childcare coordinator services)’’ after ‘‘childcare services’’. (b) ASSESSMENT OF FINANCIAL ASSISTANCE PROVIDED TO CIVILIAN CHILD CARE PROVIDERS.— (1) ASSESSMENT.—The Secretary of Defense shall assess the maximum amount of financial assistance provided to eligible civilian providers of child care services or youth pro- gram services that furnish such service for members of the armed forces and employees of the United States under section 1798 of title 10, United States Code. Such assessment shall include the following: (A) The determination of the Secretary whether the maximum allowable financial assistance should be standardized across the Armed Forces. (B) Whether the maximum allowable amount ade- quately accounts for high-cost duty stations. (2) REPORT.—Not later than June 1, 2020, the Secretary of Defense shall submit a report to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and any actions taken by the Secretary to remedy identified shortfalls in assistance described in that paragraph. (c) REDUCTION IN WAIT LISTS FOR CHILD CARE AT MILITARY INSTALLATIONS.— (1) REMEDIAL ACTION.—The Secretary of Defense shall take steps the Secretary determines necessary to reduce the waiting lists for child care at military installations to ensure that members of the Armed Forces have meaningful access to child care during tours of duty. (2) REPORT.—Not later than June 1, 2020, the Secretary of Defense shall provide a report to the Committees on Armed Forces of the Senate and the House of Representative regarding— (A) action taken under paragraph (1); and (B) any additional resources (including additional funding for and child care facilities and workers) the Sec- retary determines necessary to increase access described in paragraph (1). (d) GAO REVIEW.—The Comptroller General of the United States shall conduct a review of the assessments, actions, and determinations of the Secretary under subsections (b)(1) and (c). Not later than December 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and S. 1790—211 the House of Representatives a report regarding the review per- formed under this subsection. (e) ASSESSMENT OF ACCESSIBILITY OF WEBSITES OF THE DEPART- MENT OF DEFENSE RELATED TO CHILD CARE AND SPOUSAL EMPLOY- MENT.— (1) ASSESSMENT.—The Secretary of Defense shall review the functions and accessibility of websites of the Department of Defense designed for members of the Armed Forces and the families of such members to access information and services offered by the Department regarding child care, spousal employ- ment, and other family matters. (2) REPORT.—Not later than March 1, 2020, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives regarding the results of the assessment under paragraph (1) and actions taken to enhance accessibility of the websites. (f) PORTABILITY OF BACKGROUND INVESTIGATIONS FOR CHILD CARE PROVIDERS.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall ensure that the background investigation and training certification for a child care provider employed by the Department of Defense in a facility of the Department may be transferred to another facility of the Department, without regard to which Secretary of a military depart- ment has jurisdiction over either such facility. SEC. 580A. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL EXPENSES FOR NEXT OF KIN. (a) TRANSPORTATION FOR REMAINS OF A MEMBER WHO DIES NOT IN A THEATER OF COMBAT OPERATIONS.—Section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), as amended by section 573 of this Act, is further amended— (1) in the heading, by striking ‘‘DYING IN A THEATER OF COMBAT OPERATIONS’’; and (2) in subsection (a), by striking ‘‘in a combat theater of operations’’ and inserting ‘‘outside of the United States’’. (b) TRANSPORTATION FOR FAMILY.—The Secretary of Defense shall extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware. SEC. 580B. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE WITH REPRESENTATIVE GROUPS OF SUR- VIVORS OF DECEASED MEMBERS OF THE ARMED FORCES. (a) CHIEFS OF THE ARMED FORCES.—The Secretary of Defense shall direct the chiefs of the Armed Forces to meet periodically with representative groups of survivors of deceased members of the Armed Forces to receive feedback from those survivors regarding issues affecting such survivors. The Chief of the National Guard Bureau shall meet with representative groups of survivors of deceased members of the Air National Guard and the Army National Guard. (b) UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READI- NESS.—The Under Secretary of Defense for Personnel and Readiness shall meet periodically with representative groups of survivors of deceased members of the Armed Forces to discuss policies of the S. 1790—212 Department of Defense regarding military casualties and Gold Star families. (c) BRIEFING.—Not later than April 1, 2020, the Under Sec- retary of Defense for Personnel and Readiness shall brief the Com- mittee on Armed Services of the House of Representatives regarding policies established and the results of the meetings under subsection (b). SEC. 580C. 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, upon request, 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, instructions 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 per- sonnel as the Secretary of the military department concerned shall designate. SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING. (a) STUDY.—The Director of the Federal Voting Assistance Pro- gram of the Department of Defense shall conduct a study on the feasibility of a pilot program providing full ballot tracking of over- seas 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 one year after the date of the enactment of this Act, the Director shall submit to Congress a report on the results of the study conducted under subsection (a). The 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 the organizations that would provide substantial support for the pilot program; (3) a time line for the phased implementation of the pilot program to all military personnel actively serving overseas; (4) a method to determine under the pilot program if a ballot was counted, and a way to provide such information to the member of the Armed Forces casting the vote; and (5) a description of the efforts being undertaken to ensure a reliable and secure military ballot tracking system. S. 1790—213 SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STU- DENTS. (a) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.— (1) IN GENERAL.—Of the amount authorized to be appro- priated for fiscal year 2020 by section 301 and available for operation and maintenance for Defense-wide activities as speci- fied 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 (Public Law 106–398; 20 U.S.C. 7703a). (2) USE OF CERTAIN AMOUNT.—Of the amount available under paragraph (1) for payments as described in that para- graph, $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. (b) 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 speci- fied in the funding table in section 4301, $40,000,000 shall be available only for the purpose of providing assistance to local edu- cational 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). (c) 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. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR MILITARY SPOUSES. The Secretary of Defense shall modify the My Career Advance- ment Account program of the Department of Defense to ensure that military spouses participating in the program may receive financial assistance for the pursuit of a license, certification, or Associate’s degree in any career field or occupation. SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR MILITARY SPOUSES. The spouse of a member of the Coast Guard may participate in the My Career Advancement Account program of the Department of Defense if the Coast Guard reimburses the Department of Defense. SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILI- TARY SPOUSES. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Personnel and Readiness shall submit to the committees on Armed Services of the Senate and the House of Representatives a report that includes a description of the following: (1) Financial literacy programs currently designed specifi- cally for military spouses. (2) Efforts to evaluate the effectiveness of financial literacy programs. S. 1790—214 (b) PUBLIC AVAILABILITY.—The report submitted under sub- section (a) shall be made available on a publicly accessible website of the Department of Defense. SEC. 580I. RI’KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY GARRISONØKWAJALEIN 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 Garri- sonƒKwajalein 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. Subtitle I—Decorations and Awards SEC. 581. 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.’’. SEC. 582. 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: ‘‘§ 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 S. 1790—215 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. 583. 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 7274 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 7271 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. 584. REVIEW OF WORLD WAR I VALOR MEDALS. (a) REVIEW REQUIRED.—Each Secretary concerned shall review the service records of World War I veterans described in subsection (b) under the jurisdiction of such Secretary in order to determine whether any such veteran should be awarded the Medal of Honor for valor during World War I. (b) COVERED WORLD WAR I VETERANS.—The World War I vet- erans whose service records may be reviewed under subsection (a) are the following: (1) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918. (2) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were S. 1790—216 awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918. (3) African American war veterans, Asian American war veterans, Hispanic American war veterans, Jewish American war veterans, and Native American war veterans who were recommended for a Medal of Honor for actions that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such rec- ommendation. (c) RECOMMENDATION BASED ON REVIEW.—If a Secretary con- cerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran. (d) AUTHORITY TO AWARD MEDAL OF HONOR.—The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (c). (e) WAIVER OF TIME LIMITATIONS.—An award of the Medal of Honor may be made under subsection (d) without regard to— (1) section 7274 or 8298 of title 10, United States Code, as applicable; and (2) any regulation or other administrative restriction on— (A) the time for awarding the Medal of Honor; or (B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded. (f) DEADLINE.—The review under subsection (a) shall terminate not later than five years after the date of the enactment of this Act. (g) DEFINITIONS.— (1) IN GENERAL.—In this section: (A) AFRICAN AMERICAN WAR VETERAN.—The term ‘‘Afri- can American war veteran’’ means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records. (B) ASIAN AMERICAN WAR VETERAN.—The term ‘‘Asian American war veteran’’ means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records. (C) HISPANIC AMERICAN WAR VETERAN.—The term ‘‘His- panic American war veteran’’ means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his mili- tary personnel records. (D) JEWISH AMERICAN WAR VETERAN.—The term ‘‘Jewish American war veteran’’ mean any person who served in the United States Armed Forces between April S. 1790—217 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records. (E) NATIVE AMERICAN WAR VETERAN.—The term ‘‘Native American war veteran’’ means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military per- sonnel records. (F) SECRETARY CONCERNED.—The term ‘‘Secretary con- cerned’’ means— (i) the Secretary of the Army, in the case of mem- bers of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and (ii) the Secretary of the Navy, in the case of mem- bers of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918. (2) APPLICATION OF DEFINITIONS OF ORIGIN.—If the military personnel records of a person do not reflect the person’s mem- bership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person’s Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned for purposes of this section. Subtitle J—Miscellaneous Reports and Other Matters SEC. 591. CLARIFICATION OF THE TERM ‘‘ASSAULT’’ FOR PURPOSES OF WORKPLACE AND GENDER RELATIONS SURVEYS. (a) SURVEYS OF MEMBERS OF THE ARMED FORCES.—Section 481 of title 10, United States Code, is amended by inserting ‘‘(including unwanted sexual contact)’’ after ‘‘assault’’ each place it appears. (b) SURVEYS OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.—Section 481a of title 10, United States Code, is amended by inserting ‘‘(including unwanted sexual contact)’’ after ‘‘assault’’ each place it appears. (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act and shall apply with respect to surveys under sections 481 and 481a of title 10, United States Code, that are initiated after such date. SEC. 592. INCLUSION OF CERTAIN VETERANS ON TEMPORARY DIS- ABILITY OR PERMANENT DISABLED RETIREMENT LISTS IN MILITARY ADAPTIVE SPORTS PROGRAMS. (a) INCLUSION OF CERTAIN VETERANS.—Subsection (a)(1) of sec- tion 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— S. 1790—218 ‘‘(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, ill- ness, 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: ‘‘§ 2564a. Provision of assistance for adaptive sports pro- grams: members of the armed forces; certain vet- erans’’. (2) TABLE OF SECTION.—The table of sections at the begin- ning 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. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY IN THE WORKPLACE. The Secretary of Defense shall include in appropriate surveys administered by the Department of Defense questions regarding whether respondents have ever— (1) experienced or witnessed extremist activity in the work- place; or (2) reported such activity. SEC. 594. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL LITERACY EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES. (a) STUDY REQUIRED.—The Secretary of Defense, and with respect to members of the Coast Guard, in coordination with the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Navy, shall conduct a study on the best practices to provide financial literacy education for separating members of the Armed Forces. (b) ELEMENTS.—The study required by subsection (a) shall include— (1) an examination, recommendations, and reporting on best practices for providing financial literacy education to sepa- rating members of the Armed Forces; and (2) detailed current financial literacy programs for sepa- rating members of the Armed Forces. S. 1790—219 (c) CONSULTATION.—In conducting the study required by sub- section (a), the Secretaries shall consult with the Financial Literacy and Education Commission of the Department of the Treasury. (d) REPORT.—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 on the study under subsection (a). (e) FINANCIAL LITERACY DEFINED.—In this section, the term ‘‘financial literacy’’ means education regarding personal finance including the insurance, credit, loan, banking, career training and education benefits available to veterans. SEC. 595. REPORT ON OVERSIGHT OF AUTHORIZED STRENGTHS OF CERTAIN GRADES OF COMMISSIONED REGULAR AND RESERVE OFFICERS OF THE ARMED FORCES. (a) REPORT REQUIRED.—Not later than April 1, 2020, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on oversight of the authorized strengths of commissioned regular officers of the Armed Forces and commissioned reserve officers of the Armed Forces in the grades as follows: (1) The grades of major, lieutenant colonel, and colonel in the Army, the Air Force, and the Marine Corps. (2) The grades of lieutenant commander, commander, and captain in the Navy. (b) ELEMENTS.—The report required by subsection (a) shall include the following: (1) Such recommendations as the Secretary considers appropriate on mechanisms to improve Department of Defense oversight, and oversight by Congress, of the authorized strengths of commissioned officers in the grades specified in subsection (a), including the following: (A) An analysis of the history of each military depart- ment in complying with the authorized strengths and strengths in grade specified in sections 523 and 12005 of title 10, United States Code, including a description of— (i) the number of officers in each grade and Armed Force concerned as of the end of each fiscal year between fiscal year 2010 and fiscal year 2019; and (ii) the number of officers authorized for such grade and Armed Force as of the end of such fiscal year under the applicable section. (B) An assessment of the feasibility and advisability of submitting to Congress each year a request for an authorization for officers serving in the grades currently covered by the tables in section 523 of title 10, United States Code. (C) An assessment of the feasibility and advisability of submitting to Congress each year a proposal for legisla- tion to update the tables in such section. (D) An assessment of the advisability of converting the authorization for end strengths for regular officers in the grades specified in subsection (a) to a percentage-based approach like that currently utilized for reserve officers in section 12005 of title 10, United States Code. S. 1790—220 (2) Such other recommendations as the Secretary considers appropriate to improve the effectiveness of the oversight by Congress of the number of commissioned regular and reserve officers of the Armed Forces in the grades specified in sub- section (a). SEC. 596. REPORT ON CERTAIN WAIVERS. (a) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act, and annually thereafter during the two subsequent calendar years, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report identifying, with respect to the reporting period for such report, and disaggregated by Armed Force, the following: (1) ACCESSION AND COMMISSION.— (A) The number of individuals who were processed by a Secretary of a military department for a medical accession or commissioning qualification determination on or after April 12, 2019. (B) Of the individuals described in subparagraph (A), the number of such individuals who were found medically disqualified pursuant to the standards established in DTM– 19–004 regarding enlistment in or commission as an officer of an Armed Force under the jurisdiction of the Secretary of a military department. (C) Of the individuals described in subparagraph (A), the number of such individuals— (i) described in section I.b.(1), 1.b(2), 1.b(3), or II.b.(1) of attachment 3 to DTM–19–004; and (ii) who did not require a waiver or exception to standards described in subparagraph (B). (D) Of the individuals described in subparagraph (C), the number of such individuals who enlisted or were commissioned. (E) Of the individuals described in subparagraph (B), the number of such individuals who were considered for a waiver or exception to standards described in subpara- graph (B). (F) Of the individuals described in subparagraph (E), the number of such individuals who were denied such a waiver or exception. (G) Of the individuals described in subparagraph (E), the number of such individuals who received such a waiver or exception. (H) Of the individuals described in subparagraph (G), the number of such individuals who enlisted or were commissioned. (2) RETENTION.— (A) The number of members of each Armed Force under the jurisdiction of the Secretary of a military department who received a diagnosis of gender dysphoria on or after April 12, 2019. (B) Of the members described in subparagraph (A), the number of members who were— (i) referred to the Disability Evaluation System; or S. 1790—221 (ii) subject to processing for administrative separa- tion based on conditions and circumstances not consti- tuting a physical disability that interfered with assign- ment to or performance of duty. (C) Of the members described in subparagraph (A), the number of members who were subsequently considered for a waiver or exception to standards established in DTM– 19–004 to permit those members to serve in other than the biological sex of each such member. (D) Of the members described in subparagraph (C), the number of members who were granted such a waiver or exception. (E) Of the members described in subparagraph (C), the number of members who were denied such a waiver or exception. (F) Of the members described in subparagraph (E), the number of members who were discharged because of such denial, aggregated by characterization of discharge. (b) PROTECTION OF CERTAIN INFORMATION.—No report sub- mitted under this section may contain any personally identifiable information or protected health information of any individual. (c) DEFINITIONS.—In this section: (1) The term ‘‘DTM–19–004’’ means the memorandum— (A) issued by the Office of the Deputy Secretary of Defense; (B) dated March 12, 2019; and (C) with the subject heading ‘‘Directive-type Memo- randum (DTM)–19–004–Military Service by Transgender Persons and Persons with Gender Dysphoria’’. (2) The terms ‘‘exempt individuals’’ and ‘‘nonexempt individuals’’ have the meanings given those terms in attach- ment 3 to DTM–19–004. (3) The term ‘‘reporting period’’ means, with respect to a report submitted under subsection (a), the calendar year most recently completed before the date on which such report is to be submitted. SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES. (a) IN GENERAL.—The Secretary of the Navy shall notify the congressional defense committees, in writing, not later than 30 days after the end of each fiscal year quarter, of each covered ship (if any) that met either condition as follows: (1) The manning fit for such ship was less than 87 percent for more than 14 days during such fiscal year quarter. (2) The manning fill for such ship was less than 90 percent for more than 14 days during such fiscal year quarter. (b) ELEMENTS.—The notification required by subsection (a) shall include, with respect to a covered ship, the following: (1) The name and hull number of the ship. (2) The homeport location of the ship. (3) The current manning fit and fill of the ship. (4) If the lowest level of manning fit or manning fill for the ship occurred during the fiscal year quarter concerned, the level concerned and the date on which such level occurred. (5) If the lowest level of manning fit or manning fill for the ship is projected to occur after the fiscal year quarter S. 1790—222 concerned, the projected level and the date on which such level is projected to occur. (6) If not achieved as of the date of the notification the projected date on which the Navy will achieve a manning fit and fill at least 87 percent and 90 percent, respectively, for the ship. (7) If not achieved as of the date of the notification, the projected date on which the Navy will achieve a manning fit and fill of at least 92 percent and 95 percent, respectively, for the ship. (8) A description of the reasons the Navy has not achieved, or will not achieve, as applicable, manning fit and fill of at least 87 percent and 90 percent, respectively, for the ship, including a detailed description of the specific ratings or skillset areas that must be manned to achieve those percentages. (9) A description of corrective actions the Navy is taking to improve manning fit or manning fill on the ship. (c) SPECIAL RULE.—For purposes of determining whether a percentage of manning fit or manning fill has been achieved, a sailor in a more senior paygrade may count as filling the billet of a more junior paygrade, but a sailor in a more junior paygrade may not count as filling the billet of a more senior paygrade. (d) DEFINITIONS.—In this section: (1) MANNING FIT.—The term ‘‘manning fit’’, in the case of a ship, means the skills (rating), specialty skills (Navy Enlisted Classifications), and experience (paygrade) for the ship when compared with the ship manpower document requirement and billets authorized for such skills and experience. (2) MANNING FILL.—The term ‘‘manning fill’’, in the case of a ship, means the total number of military personnel assigned to the ship by rating when compared with the ship manpower document requirement and billets authorized for the ship by rating. (3) COVERED SHIP.—The term ‘‘covered ship’’ means a commissioned battle force ship that is included in the battle force count of the Naval Vessel Register. (e) SUNSET.—The requirement to submit notifications under subsection (a) with respect to fiscal year quarters shall cease begin- ning with fiscal year quarters in fiscal year 2025. (f) REPEAL OF SUPERSEDED REQUIREMENTS.—Section 525 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1757; 10 U.S.C. 8013 note) is repealed. SEC. 598. REPORT REGARDING USE OF AERIAL SYSTEMS OF THE DEPARTMENT OF DEFENSE TO SUPPORT AGENCIES OF STATES, TERRITORIES, AND THE FEDERAL GOVERNMENT. (a) REPORT REQUIRED.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consulta- tion with the Chief of the National Guard Bureau, shall submit to the Committees on Armed Services of the House of Representa- tives and the Senate a report regarding the requirements, policies, and procedures governing the use of manned and unmanned aerial systems of the Department of Defense to support State and Federal agencies. (b) ELEMENTS.—The report under subsection (a) shall include the following: S. 1790—223 (1) A description of requirements for providing support to State and Federal agencies that the Secretary considers appropriate for planning, programming and budgeting resources. (2) A description of manned and unmanned aerial systems that the Secretary regularly provides to support State and Federal agencies, including examples of support provided, and length of time to approve requests. (3) A list of requests for such aerial systems from State and Federal agencies during fiscal year 2019 that the Secretary denied and the reason each such request was disapproved. (4) An overview of current policies and procedures gov- erning the use of such aerial systems by States and Federal agencies, including— (A) procedures a State or Federal agency must follow to obtain use of such aerial systems for natural disasters and search and rescue operations; (B) the typical amount of time needed to process such requests, and whether such procedures can be streamlined; and (C) to what extent different policies and procedures apply to unmanned aerial systems versus manned aerial systems. (5) A description of the different categories of unmanned aerial systems of the Department of Defense, how such cat- egories are managed, and whether the criteria for such cat- egories affect the ability of the Secretary to use unmanned aerial systems to support State or Federal agencies. (6) An explanation of any restrictions on the use of such unmanned aerial systems under— (A) the ‘‘Guidance for the Domestic Use of Unmanned Aircraft Systems in U.S. National Airspace’’, dated August 18, 2018; (B) Department of Defense Instruction 3025.18 ‘‘Defense Support to Civil Authorities’’; and (C) other relevant guidance of the Department of Defense. (7) Whether restrictions described in paragraph (6) apply differently to regular members of the Armed Forces serving on active duty and to members of the National Guard. (8) Whether members of the National Guard may operate the different categories of such unmanned aerial systems when operating under section 502(f) of title 32, United States Code. (9) An analysis of how the Secretary may improve access to and knowledge of States and Federal agencies regarding the availability of such unmanned aerial systems and related request procedures. (10) Whether— (A) the Secretary has been unable to provide an unmanned aerial system to support to a State agency at the request of such State agency; and (B) the Secretary has plans to make more unmanned aerial systems available to fulfil such requests. (11) Any other matters the Secretary determines appro- priate. (c) FORM.—The report required by subsection (a) shall be sub- mitted in unclassified form, but may include a classified annex. S. 1790—224 (d) STATE DEFINED.—In this section, the term ‘‘State’’ has the meaning given that term in section 901 of title 32, United States Code. SEC. 599. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON AVAILABILITY OF SERVICES OF THE DEPARTMENT OF VET- ERANS AFFAIRS RELATING TO SEXUAL TRAUMA. (a) IN GENERAL.—The Secretary of Defense shall inform mem- bers of the Armed Forces, using mechanisms available to the Sec- retary, of the eligibility of such members for services of the Depart- ment of Veterans Affairs relating to sexual trauma. (b) INFORMATION FROM SEXUAL ASSAULT RESPONSE COORDINA- TORS.—The Secretary of Defense shall ensure— (1) that Sexual Assault Response Coordinators and uni- formed victims advocates of the Department of Defense advise members of the Armed Forces who report instances of sexual trauma regarding the eligibility of such members for services at the Department of Veterans Affairs; and (2) that such information is included in mandatory training materials. (c) SEXUAL TRAUMA DEFINED.—In this section, the term ‘‘sexual trauma’’ means psychological trauma described in section 1720D(a)(1) of title 38, United States Code. SEC. 599A. AUTHORITY TO ISSUE AN HONORARY PROMOTION TO COLONEL CHARLES E. MCGEE, UNITED STATES AIR FORCE (RET.), TO THE GRADE OF BRIGADIER GENERAL. (a) IN GENERAL.—Pursuant to section 1563 of title 10, United States Code, the President may issue to Colonel Charles E. McGee, United States Air Force (retired), a distinguished Tuskegee Airman, an honorary promotion to the grade of brigadier general. (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement of Charles E. McGee on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Charles E. McGee is entitled based upon his military service, or affect any benefits to which any other person is or may become entitled based on such military service. SEC. 599B. AUTHORITY TO ISSUE AN HONORARY AND POSTHUMOUS PROMOTION TO LIEUTENANT COLONEL RICHARD COLE, UNITED STATES AIR FORCE (RET.), TO THE GRADE OF COLONEL. (a) IN GENERAL.—Pursuant to section 1563 of title 10, United States Code, the President may issue to Lieutenant Colonel Richard E. Cole, United States Air Force (retired), an honorary and post- humous promotion to the grade of colonel. (b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement of Richard E. Cole on the retired list of the Air Force under subsection (a) shall not affect the retired pay or other benefits from the United States to which Richard E. Cole would have been entitled based upon his military service, or affect any benefits to which any other person is or may become entitled based on such military service. S. 1790—225 SEC. 599C. SENSE OF CONGRESS ON THE HONORABLE AND DISTIN- GUISHED SERVICE OF GENERAL JOSEPH F. DUNFORD, UNITED STATES MARINE CORPS, TO THE UNITED STATES. It is the sense of Congress that— (1) the United States deeply appreciates the decades of honorable service of General Joseph F. Dunford, United States Marine Corps; 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. TITLE VI—MILITARY COMPENSATION Subtitle A—Pay and Allowances Sec. 601. Clarification of continuation of pays during hospitalization and rehabilita- tion resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action. Sec. 602. Continued entitlements while a member of the Armed Forces participates in a career intermission program. Sec. 603. Exemption from repayment of voluntary separation pay. Sec. 604. Consideration of service on active duty to reduce age of eligibility for re- tired pay for non-regular service. Sec. 605. Temporary adjustment of rates of basic allowance for housing following determination that local civilian housing costs significantly differ from such rates. Sec. 606. Reinvestment of travel refunds by the Department of Defense. Sec. 607. Addition of partial dislocation allowance to allowable travel and transpor- tation expenses for servicemembers. Sec. 608. Reductions on account of earnings from work performed while entitled to an annuity supplement. Sec. 609. Increase in basic pay. Subtitle B—Bonuses and Special Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authorities. Subtitle C—Family and Survivor Benefits Sec. 621. Expansion of eligibility for exceptional transitional compensation for de- pendents to dependents of current members. Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation. Sec. 623. Death gratuity for ROTC graduates. Sec. 624. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such serv- ices to survivors of members of the Armed Forces who die in combat in the line of duty. Sec. 625. Casualty assistance for survivors of deceased ROTC graduates. Subtitle D—Defense Resale Matters Sec. 631. Defense resale system matters. Sec. 632. Procurement by commissary stores of certain locally sourced products. Sec. 633. GAO review of defense resale optimization study. Subtitle E—Morale, Welfare, and Recreation Privileges Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign Service officers on mandatory home leave. Sec. 642. Extension of pilot program on a Government lodging program. Subtitle F—Reports and Other Matters Sec. 651. Annual reports on approval of employment or compensation of retired general or flag officers by foreign governments for emoluments clause purposes. Sec. 652. Report regarding transition from overseas housing allowance to basic al- lowance for housing for servicemembers in the territories. Sec. 653. 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. S. 1790—226 Sec. 654. Study regarding recoupment of separation pay, special separation bene- fits, and voluntary separation incentive payments from members of the Armed Forces and veterans who receive disability compensation under laws administered by the Secretary of Veterans Affairs. Sec. 655. Report on implementation of contributions to the Department of Defense Military Retirement Fund based on pay costs per Armed Force rather than on Armed Forces-wide basis. Sec. 656. Report on food insecurity among members of the Armed Forces and their dependents. Subtitle A—Pay and Allowances SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING HOS- PITALIZATION AND REHABILITATION RESULTING FROM WOUNDS, INJURY, OR ILLNESS INCURRED WHILE ON DUTY IN A HOSTILE FIRE AREA OR EXPOSED TO AN EVENT OF HOSTILE FIRE OR OTHER HOSTILE ACTION. Section 372(b)(1) of title 37, United States Code, is amended to read as follows: ‘‘(1) The date on which the member is returned for assign- ment to other than a medical or patient unit for duty; however, in the case of a member under the jurisdiction of a Secretary of a military department, the date on which the member is determined fit for duty.’’. SEC. 602. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED FORCES PARTICIPATES IN A CAREER INTER- MISSION PROGRAM. Section 710(h) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ‘‘(3) the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of this title; ‘‘(4) the provision of all travel and transportation allow- ances for the survivors of deceased members to attend burial ceremonies under section 481f of title 37; and ‘‘(5) the eligibility of the member for general benefits as provided in part II of title 38.’’. SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION PAY. Section 1175a(j) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘paragraphs (2) and (3)’’ and inserting ‘‘paragraphs (2), (3), and (4)’’; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new para- graph: ‘‘(4) This subsection shall not apply to a member who— ‘‘(A) is involuntarily recalled to active duty or full-time National Guard duty; and ‘‘(B) in the course of such duty, incurs a service-connected disability rated as total under section 1155 of title 38.’’. S. 1790—227 SEC. 604. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE AGE OF ELIGIBILITY FOR RETIRED PAY FOR NON-REG- ULAR SERVICE. Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking ‘‘under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)’’ and inserting ‘‘under sec- tion 12301(d) or 12304b of this title, or under a provision of law referred to in section 101(a)(13)(B)’’. SEC. 605. TEMPORARY ADJUSTMENT OF RATES OF BASIC ALLOWANCE FOR HOUSING FOLLOWING DETERMINATION THAT LOCAL CIVILIAN HOUSING COSTS SIGNIFICANTLY DIFFER FROM SUCH RATES. Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: ‘‘(8)(A) The Secretary of Defense may prescribe a temporary adjustment in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, ‘BAH rates’) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof differs from the current BAH rates by more than 20 percent. ‘‘(B) Any temporary adjustment in BAH rates under this para- graph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the adjustment under this para- graph. ‘‘(C) This paragraph shall cease to be effective on September 30, 2022.’’. SEC. 606. 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: ‘‘§ 456. Managed travel program refunds ‘‘(a) CREDIT OF REFUNDS.—The Secretary of Defense may credit refunds attributable to Department of Defense managed travel pro- grams 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 Cen- ters. S. 1790—228 ‘‘(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 begin- ning 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 Govern- ment or an agency.’’. SEC. 607. ADDITION OF PARTIAL DISLOCATION ALLOWANCE TO ALLOWABLE TRAVEL AND TRANSPORTATION EXPENSES FOR SERVICEMEMBERS. (a) CURRENT AUTHORITY.—Section 477(f)(1) of title 37, United States Code, is amended by striking ‘‘family’’. (b) FUTURE AUTHORITY.—Section 452(c) of title 37, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new para- graph (3): ‘‘(3) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.’’. SEC. 608. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK PER- FORMED WHILE ENTITLED TO AN ANNUITY SUPPLEMENT. Section 8421a(c) of title 5, United States Code, is amended— (1) by striking ‘‘full-time as an air traffic control instructor’’ and inserting ‘‘as an air traffic control instructor, or supervisor thereof,’’; and (2) by inserting ‘‘or supervisor’’ after ‘‘an instructor’’. SEC. 609. INCREASE IN BASIC PAY. Effective on January 1, 2020, the rates of monthly basic pay for members of the uniformed services are increased by 3.1 percent. Subtitle B—Bonuses and Special 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 replace- ment 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’’. S. 1790—229 (b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES- SIONALS.—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 sec- tions 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 pro- ficiency bonus. (9) Section 355(h), relating to retention incentives for mem- bers 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—Family and Survivor Benefits SEC. 621. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSI- TIONAL COMPENSATION FOR DEPENDENTS TO DEPEND- ENTS 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 para- graph (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— S. 1790—230 ‘‘(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.’’. SEC. 622. PHASE-OUT OF REDUCTION OF SURVIVOR BENEFIT PLAN SURVIVOR ANNUITIES BY AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION. (a) PHASE-OUT.—Subchapter II of chapter 73 of title 10, United States Code, is amended as follows: (1) IN GENERAL.—In section 1450(c)(1)— (A) by striking ‘‘that the annuity otherwise payable under this section would exceed that compensation.’’ and inserting ‘‘calculated as follows:’’; and (B) by adding at the end the following: ‘‘(A) During the period beginning on January 1, 2020, and ending on December 31, 2020, the amount that the annuity otherwise payable under this section would exceed such dependency and indemnity compensation. ‘‘(B) During the period beginning on January 1, 2021, and ending on December 31, 2021, the amount that the annuity otherwise payable under this section would exceed two-thirds of such dependency and indemnity compensa- tion. ‘‘(C) During the period beginning on January 1, 2022, and ending on December 31, 2022, the amount that the annuity otherwise payable under this section would exceed one-third of such dependency and indemnity compensation. ‘‘(D) On and after January 1, 2023, the full amount of the annuity under this section.’’. (2) CONFORMING AMENDMENT.—In section 1451(c)(2), by inserting ‘‘a portion (calculated under section 1450(c) of this title) of’’ before ‘‘the amount’’. (b) PROHIBITION ON RETROACTIVE BENEFITS.—No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a). (c) PROHIBITION ON RECOUPMENT OF CERTAIN AMOUNTS PRE- VIOUSLY REFUNDED TO SBP RECIPIENTS.—A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (f) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States. (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of such title is amended— (1) by striking ‘‘DEPENDENT CHILDREN.—’’ and all that fol- lows through ‘‘In the case of a member described in paragraph (1),’’ and inserting ‘‘DEPENDENT CHILDREN.—In the case of a member described in paragraph (1),’’; and (2) by striking subparagraph (B). S. 1790—231 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY ELIGIBLE SPOUSES.—The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was termi- nated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment. (f) EFFECTIVE DATE.—This section and the amendments made by this section shall take effect on the first day of the first month that begins after the date of the enactment of this Act, except subsections (d) and (e) of this section and the amendments made thereby shall take effect on January 1, 2023. SEC. 623. DEATH GRATUITY FOR ROTC GRADUATES. (a) IN GENERAL.—Section 1475(a)(4) of title 10, United States Code, is amended by adding ‘‘; or a graduate of a reserve officers’ training corps who has received a commission but has yet to receive a first duty assignment; or’’ at the end. (b) EFFECTIVE DATE.—The amendment under subsection (a) applies to deaths that occur on or after the date of the enactment of this Act. SEC. 624. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSIST- ANCE TO CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH PROGRAM SERVICES WHO PROVIDE SUCH SERVICES TO SURVIVORS OF MEMBERS OF THE ARMED FORCES WHO DIE IN COMBAT IN THE LINE OF DUTY. Section 1798(a) of title 10, United States Code, is amended by inserting ‘‘, survivors of members of the armed forces who die in combat-related incidents in the line of duty,’’ after ‘‘armed forces’’. SEC. 625. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC GRADUATES. Section 633 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note) is amended by adding at the end the following new subsection: ‘‘(c) ROTC GRADUATES.— ‘‘(1) TREATED AS MEMBERS.—For purposes of this section, a graduate of a reserve officers’ training corps who receives a commission and who dies before receiving a first duty assign- ment shall be treated as a member of the Armed Forces who dies while on active duty. ‘‘(2) EFFECTIVE DATE.—This subsection applies to deaths on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.’’. S. 1790—232 Subtitle D—Defense Resale Matters SEC. 631. 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 stores 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 com- missary and exchange systems for morale, welfare, and recre- ation (MWR) services of the Armed Forces. (b) EXECUTIVE RESALE BOARD ADVICE ON OPERATIONS OF SYS- TEMS.—The Executive Resale Board of the Department of Defense shall advise the Under Secretary on the implementation of sustain- able, complementary operations of the defense commissary system and the exchange stores system. (c) INFORMATION TECHNOLOGY MODERNIZATION.—The Secretary of Defense shall, acting through the Under Secretary and with advice from the Executive Resale Board, require the Defense Com- missary 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. (d) INCLUSION OF ADVERTISING IN OPERATING EXPENSES OF COMMISSARY STORES.—Section 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. 632. 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 and while maintaining mandated patron savings, locally sourced in order to ensure the availability of the freshest possible dairy prod- ucts and fruits and vegetables for patrons of the stores. SEC. 633. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY. (a) REVIEW.—The Comptroller General of the United States shall conduct a review of the business case analysis performed as part of the defense resale optimization study conducted by the Reform Management Group, titled ‘‘Study to Determine the Feasi- bility of Consolidation of the Defense Resale Entities’’ and dated December 4, 2018. (b) REPORTS REQUIRED; ELEMENTS.—Not later than March 1, 2020, and June 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report and a final report, respectively, S. 1790—233 regarding the review performed under this section. Each report shall include evaluations of the following: (1) The descriptions and justifications for the assumptions, analytical choices and data used by the Reform Management Group to calculate: (A) Pricing. (B) Sales assumptions. (C) Accuracy of methods employed to measure patron savings levels. (2) The timetable for consolidation of military exchanges and commissaries. (3) The recommendations for consolidation developed as part of the business case analysis, including the overall cost of consolidation. (4) The budget and oversight implications of merging non- appropriated funds and appropriated funds to implement the recommended reforms. (5) The extent to which the Reform Management Group coordinated with the Secretaries of the military departments and the chiefs of the Armed Forces in preparing the study. (6) The extent to which the Reform Management Group addressed concerns of the Secretaries of the military depart- ments and the chiefs of the Armed Forces in the study. (7) If the recommendations in the business case analysis were implemented— (A) the ability of military exchanges and commissaries to provide earnings to support on-base morale, welfare, and recreation programs; and (B) the financial viability of the military exchanges and commissaries. (c) DELAY ON CONSOLIDATION.—The Secretary of Defense may not take any action to consolidate military exchanges and com- missaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the findings of the Comptroller General in the reports required under this section. Subtitle E—Morale, Welfare, and Recreation Privileges SEC. 641. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECRE- ATION PRIVILEGES TO FOREIGN SERVICE OFFICERS ON MANDATORY HOME LEAVE. (a) IN GENERAL.—Section 1065 of title 10, United States Code, as added by section 621 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended— (1) in the heading, by striking ‘‘veterans and caregivers for veterans’’ and inserting ‘‘veterans, caregivers for vet- erans, and Foreign Service officers’’; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (3) by inserting after subsection (e) the following new sub- section (f): ‘‘(f) ELIGIBILITY OF FOREIGN SERVICE OFFICERS ON MANDATORY HOME LEAVE.—A Foreign Service officer on mandatory home leave S. 1790—234 may be permitted to use military lodging referred to in subsection (h).’’; and (4) in subsection (h), as redesignated by paragraph (2), by adding at the end the following new paragraphs: ‘‘(5) The term ‘Foreign Service officer’ has the meaning given that term in section 103 of the Foreign Service Act of 1980 (22 U.S.C. 3903). ‘‘(6) The term ‘mandatory home leave’ means leave under section 903 of the Foreign Service Act of 1980 (22 U.S.C. 4083).’’. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect on January 1, 2020, as if originally incorporated in section 621 of Public Law 115–232. SEC. 642. 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’’. Subtitle F—Reports and Other Matters SEC. 651. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COM- PENSATION OF RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS FOR EMOLUMENTS CLAUSE PUR- POSES. (a) ANNUAL REPORTS.—Section 908 of title 37, United States Code is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new sub- section (c): ‘‘(c) ANNUAL REPORTS ON APPROVALS FOR RETIRED GENERAL AND FLAG OFFICERS.—Not later than January 31 each year, the Secretaries of the military departments, after consulting with the Secretary of State, shall jointly submit to the Committees on Armed Services of the Senate and House of Representatives 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 general or flag officer grade that was issued during the preceding year.’’. (b) SCOPE OF FIRST REPORT.—The first report submitted pursu- ant to subsection (c) of section 908 of title 37, United States Code (as amended 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. 652. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING ALLOWANCE TO BASIC ALLOWANCE FOR HOUSING FOR SERVICEMEMBERS IN THE TERRITORIES. Not later than February 1, 2020, the Secretary of Defense shall submit a report to the congressional defense committees regarding the recommendation of the Secretary whether members of the uniformed services located in the territories of the United States and who receive the overseas housing allowance should instead receive the basic allowance for housing to ensure the most S. 1790—235 appropriate housing compensation for such members and their fami- lies. SEC. 653. 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 the 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. 654. STUDY REGARDING RECOUPMENT OF SEPARATION PAY, SPE- CIAL SEPARATION BENEFITS, AND VOLUNTARY SEPARA- TION INCENTIVE PAYMENTS FROM MEMBERS OF THE ARMED FORCES AND VETERANS WHO RECEIVE DISABILITY COMPENSATION UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. (a) STUDY.—The Secretary of Defense, in consultation with the Secretary of Veterans Affairs, shall conduct a study to deter- mine, with regards to members of the Armed Forces and veterans whose separation pay, special separation benefits, and voluntary separation incentive payments either Secretary recoups because such members and veterans subsequently receive disability com- pensation under laws administered by the Secretary of Veterans Affairs— (1) how many such members and veterans are affected by such recoupment; and (2) the aggregated amount of additional money such mem- bers and veterans would receive but for such recoupment. (b) REPORT REQUIRED.—Not later than September 30, 2020, the Secretary of Defense shall submit to the Committees on Armed S. 1790—236 Services and Veterans’ Affairs of the Senate and House of Rep- resentatives a report regarding the results of the study under subsection (a). SEC. 655. REPORT ON IMPLEMENTATION OF CONTRIBUTIONS TO THE DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND BASED ON PAY COSTS PER ARMED FORCE RATHER THAN ON ARMED FORCES-WIDE BASIS. (a) REPORT REQUIRED.— (1) IN GENERAL.—Not later than April 1, 2020, the Sec- retary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report setting forth a plan for the implementation of the amendments described in paragraph (2) as if such amend- ments would apply with respect to determinations of contribu- tions to the Department of Defense Military Retirement Fund under chapter 74 of title 10, United States Code, and payments into the Fund, beginning with fiscal year 2025. (2) COVERED AMENDMENTS.—The amendments described in this paragraph are the amendments proposed to be made by section 631 of S.1790 of the 116th Congress, as reported to the Senate by the Committee on Armed Services of the Senate on June 11, 2019. (b) ELEMENTS.—The report required by subsection (a) shall include the following: (1) A plan to implement the amendments described in paragraph (2) of subsection (a) in the manner described in paragraph (1) of that subsection. (2) A timeline for actions required to implement such amendments in that manner. (3) An assessment of the impact of the implementation of such amendments in that manner on each of the following: (A) The budgeting of the military departments. (B) The efforts of the Department of Defense to achieve audits of its financial statements. (C) Decisions on military manning of the Armed Forces. (D) The cost and complexity of tracking contributions to the Department of Defense Military Retirement Fund. SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS. (a) REPORT REQUIRED.—Not later than May 1, 2020, the Sec- retary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on food insecurity among members of the Armed Forces and their depend- ents. (b) ELEMENTS.—The report required by subsection (a) shall include the following: (1) An assessment of the current extent of food insecurity among members of the Armed Forces and their dependents, including a description and analysis of the following: (A) Use of food assistance by members and their dependents, as revealed in data of the Department of Defense and other data available to the Department. (B) Use of free and reduced price school meals by dependents. (C) Use of food banks or similar assistance by members and their dependents. S. 1790—237 (2) A description and assessment of the barriers, if any, to qualification for or access to adequate food assistance of any type by members of the Armed Forces and their depend- ents. (3) A description of the number of members of the Armed Forces overseas who enrolled in the Family Supplemental Subsistence Allowance (FSSA) program under section 402a of title 37, United States Code, during the five-fiscal year period ending with fiscal year 2019, and of the cost to the Department of such enrollment during each fiscal year concerned. (4) An assessment of the effectiveness of the Family Supple- mental Subsistence Allowance program for members of the Armed Forces overseas. (5) A description and assessment of the participation of members of the Armed Forces in the Supplemental Nutrition Assistance Program (SNAP), including with respect to the fol- lowing: (A) Coordination between the Department of Defense and the Department of Agriculture for purposes of deter- mining the numbers of members currently participating in the program. (B) Career stigma for members resulting from partici- pation in the program. (C) Adverse consequences for member personal finan- cial management resulting from participation in the pro- gram. (D) Other support available to and used by members to meet basic needs requirements. (6) An assessment of food insecurity among members of the Armed Forces who reside in on-post housing (and thus do not receive basic allowance for housing (BAH)) and their dependents, including eligibility of such members for and participation of such members in the Supplemental Nutrition Assistance Program. (7) An assessment of the feasability and advisability of a basic needs allowance for low-income members of the Armed Forces (including an allowance calculated both with and without basic allowance for housing included in the determination of member gross household income), including with respect to the following: (A) The maximum member gross household income for eligibility for the allowance. (B) The number of members who would be eligible for the allowance. (C) The optimal average annual amount of the allow- ance. (D) The total annual cost of paying the allowance. (E) Whether particular geographic locations would include large number of members eligible for the allowance. (F) The effects of payment of the allowance on recruit- ment and retention of members, and on member morale and conduct. (8) Any other recommendations for policies, programs, and activities to address food insecurity among members of the Armed Forces and their dependents that the Secretary con- siders appropriate. S. 1790—238 TITLE VII—HEALTH CARE PROVISIONS Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain mem- bers of the Selected Reserve. Sec. 702. TRICARE payment options for retirees and their dependents. Sec. 703. Lead level screening and testing for children. Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations. Sec. 705. Enhancement of recordkeeping with respect to exposure by members of the Armed Forces to certain occupational and environmental hazards while deployed overseas. Sec. 706. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation. Sec. 707. Provision of blood testing for firefighters of Department of Defense to de- termine 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. Requirements for certain prescription drug labels. Sec. 714. Officers authorized to command Army dental units. Sec. 715. Improvements to interagency program office of the Department of De- fense and the Department of Veterans Affairs. Sec. 716. Expansion of strategy to improve acquisition of managed care support contracts under TRICARE program. Sec. 717. Inclusion of blast exposure history in medical records of members of the Armed Forces. Sec. 718. Comprehensive policy for provision of mental health care to members of the Armed Forces. Sec. 719. Limitation on the realignment or reduction of military medical manning end strength. Sec. 720. Strategy to recruit and retain mental health providers. Sec. 721. Development of partnerships to improve combat casualty care for per- sonnel of the Armed Forces. Sec. 722. Modification to referrals for mental health services. Subtitle C—Reports and Other Matters Sec. 731. Authorization of claims by members of the uniformed services against the United States for personal injury or death caused by medical mal- practice. Sec. 732. Extension and clarification of authority for Joint Department of Defense- Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Founda- tion for the Advancement of Military Medicine. Sec. 734. Establishment of Academic Health System in National Capital Region. Sec. 735. Provision of veterinary services by veterinary professionals of the Depart- ment of Defense in emergencies. Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care Sharing Incentive Fund. Sec. 737. Preservation of resources of the Army Medical Research and Materiel Command and continuation as Center of Excellence. Sec. 738. Encouragement of participation in Women’s Health Transition Training pilot program. Sec. 739. National Guard suicide prevention pilot program. Sec. 740. Pilot Program on civilian and military partnerships to enhance interoper- ability and medical surge capability and capacity of National Disaster Medical System. Sec. 741. Reports on suicide among members of the Armed Forces and suicide pre- vention programs and activities of the Department of Defense. Sec. 742. Modification of requirements for longitudinal medical study on blast pres- sure exposure of members of the Armed Forces and collection of expo- sure information. Sec. 743. Study and plan on the use of military-civilian integrated health delivery systems. Sec. 744. Study on case management in the military health system. Sec. 745. Report on Global Health Security Strategy and the National Biodefense Security. S. 1790—239 Sec. 746. Study on establishment of wounded warrior service dog program. Sec. 747. GAO report on Department of Defense quality assurance program and im- pacts of medical malpractice actions. Sec. 748. Reports on Millennium Cohort Study relating to women members of the Armed Forces. Sec. 749. Study on effects of sleep deprivation on readiness of members of the Armed Forces. Sec. 750. Study and report on traumatic brain injury mitigation efforts. Subtitle A—TRICARE and Other Health Care Benefits SEC. 701. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE SELECT FOR CERTAIN MEMBERS OF THE SELECTED RESERVE. Section 1076d(a)(2) of title 10, United States Code, is amended by striking ‘‘Paragraph (1) does not apply’’ and inserting ‘‘During the period preceding January 1, 2030, paragraph (1) does not apply’’. 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 sub- section (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 pre- mium 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 sec- tion 1097a of such title is amended to read as follows: ‘‘§ 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: ‘‘§ 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— S. 1790—240 (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 estab- lished 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 Depart- ment of Defense to a child for an elevated blood lead level 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 an elevated blood lead level— (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 confiden- tiality of health information under the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191), if the results of the test show an abnormal blood lead level or elevated blood lead level, the Secretary shall provide those results 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 Preven- tion; (II) the appropriate authority of the country in which the child resides; and (III) the primary provider of health care for the child for follow-up. S. 1790—241 (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 posses- sion of the United States. (d) REPORT.—Not later than January 1, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives 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: (1) The number of children who were tested by the Depart- ment of Defense for the level of lead in the blood of the child, and of such number, the number who were found to have an elevated blood lead level. (2) The number of children who were screened by the Department of Defense for an elevated risk of lead exposure. (e) COMPTROLLER GENERAL REPORT.—Not later than January 1, 2022, 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 effectiveness of screening and testing for lead exposure and elevated blood lead levels under chapter 55 of title 10, United States Code. (f) DEFINITIONS.—In this section, the terms ‘‘abnormal blood lead level’’ and ‘‘elevated blood lead level’’ have the meanings given those terms by the Centers for Disease Control and Prevention. SEC. 704. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR OTHER AIRBORNE CONTAMINANTS 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 mem- bers 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 or other airborne contaminants, including any information recorded as part of the Airborne Hazards and Open Burn Pit Registry. (b) SEPARATION HISTORY AND PHYSICAL EXAMINATIONS.—Sec- tion 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 or other airborne contaminants, 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— S. 1790—242 ‘‘(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 Improve- ment Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or ‘‘(ii) exposed to toxic airborne chemicals or other air- borne contaminants, 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 or other airborne contaminants. (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 that the member was exposed to toxic airborne chemicals or other airborne contaminants, 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 adminis- tered 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 Reg- istry’’ means the registry established by the Secretary of Vet- erans 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 accord- ance with subsection (a); (B) a separation history and physical examination con- ducted 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 Vet- erans’ Benefits Improvement Act of 2012 (Public Law 112– 260; 38 U.S.C. 527 note). SEC. 705. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO EXPOSURE BY MEMBERS OF THE ARMED FORCES TO CER- TAIN 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— S. 1790—243 (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 deploy- ment.’’. (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 REASSESS- MENTS.—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 reassess- ment 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 Revi- sion (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). SEC. 706. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION. (a) REQUIRED ASSESSMENTS.—Section 1074m(a)(1) of title 10, United States Code, is amended by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ‘‘(C) Subject to paragraph (3) and subsection (d), once during the period beginning on the date of redeployment from the contingency operation and ending on the date that is 21 days after the date on which the post-deployment leave of the member terminates. ‘‘(D) Subject to subsection (d), not less than once annually— ‘‘(i) beginning 21 days after the date on which the post-deployment leave of the member terminates; or S. 1790—244 ‘‘(ii) if the assessment required by subparagraph (C) is performed during the period specified in para- graph (3), beginning 180 days after the date of redeployment from the contingency operation.’’. (b) EXCEPTIONS.—Section 1074m(a) of such title, as amended by subsection (a), is further amended by striking paragraph (2) and inserting the following new paragraphs: ‘‘(2) A mental health assessment is not required for a member of the armed forces under subparagraphs (C) and (D) of paragraph (1) (including an assessment performed pursuant to paragraph (3)) if the Secretary determines that providing such assessment to the member during the time periods under such subparagraphs would remove the member from forward deployment or put members or operational objectives at risk. ‘‘(3) A mental health assessment required under subparagraph (C) of paragraph (1) may be provided during the period beginning 90 days after the date of redeployment from the contingency oper- ation and ending 180 days after such redeployment date if the Secretary determines that— ‘‘(A) an insufficient number of personnel are available to perform the assessment during the time period under such subparagraph; or ‘‘(B) an administrative processing issue exists upon the return of the member to the home unit or duty station that would prohibit the effective performance of the assessment during such time period.’’. (c) ELIMINATION OF SUNSET FOR ASSESSMENTS DURING DEPLOY- MENT.—Section 1074m(a)(1)(B) of such title is amended by striking ‘‘Until January 1, 2019, once’’ and inserting ‘‘Once’’. (d) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply with respect to a date of redeployment that is on or after January 1, 2020. SEC. 707. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND POLYFLUOROALKYL SUB- STANCES. (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 ‘‘fire- fighter’’ 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 FACILI- TIES.—Subsection (a) of section 1073c of title 10, United States Code, is amended— (1) in paragraph (1)— S. 1790—245 (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 redesig- nated 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) by inserting after subparagraph (E), as so redesig- nated, the following new subparagraph: ‘‘(F) supply and equipment;’’; (2) in paragraph (2)— (A) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following new subparagraph (D): ‘‘(D) to identify the capacity of each military medical treat- ment facility to support clinical readiness standards of health care providers established by the Secretary of a military depart- ment or the Assistant Secretary of Defense for Health Affairs;’’ and (C) by striking subparagraph (F), as redesignated by subparagraph (A) of this paragraph, and inserting the fol- lowing new subparagraphs: ‘‘(F) to determine, in coordination with each Secretary of a military department, manning, including joint manning, assigned to military medical treatment facilities and inter- mediary organizations; ‘‘(G) to select, after considering nominations from the Secre- taries of the military departments, commanders or directors of military medical treatment facilities;’’; and (3) in paragraph (3)— (A) in subparagraph (A)— (i) by inserting ‘‘on behalf of the military depart- ments,’’ 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 sec- tion 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) TREATMENT OF DEPARTMENT OF DEFENSE FOR PURPOSES OF PERSONNEL ASSIGNMENT.—Such section is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new sub- section (f): S. 1790—246 ‘‘(f) TREATMENT OF DEPARTMENT OF DEFENSE FOR PURPOSES OF PERSONNEL ASSIGNMENT.—In implementing this section— ‘‘(1) the Department of Defense shall be considered a single agency for purposes of civilian personnel assignment under title 5; and ‘‘(2) the Secretary of Defense may reassign any employee of a component of the Department of Defense or a military department in a position in the civil service (as defined in section 2101 of title 5) to any other component of the Depart- ment of Defense or military department.’’. (e) MILITARY MEDICAL TREATMENT FACILITY.—Subsection (g) of such section, as redesignated by subsection (d)(1), 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 pri- marily for health care; and ‘‘(B) any other location used for purposes of providing health care services as designated by the Secretary of Defense.’’. (f) 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