Ҥ 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 available for Shipbuilding and Conversion, Navy, or for any other procurement account, may not exceed the following amounts for the following aircraft carriers:
“(1) $13,224,000,000 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 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 subsection (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.”
“8692. Ford-class aircraft carriers: cost limitation baselines.”.
“(d) Notification.—Not later than 15 days after an exception is made pursuant to subsection (c)(2), the Secretary of the Navy shall submit a written notification to the congressional defense committees that includes—
“(1) the name and position of the government official who determined exigent circumstances exist;
“(2) a description of the exigent circumstances; and
“(3) a description of how waterborne security will be maintained until new waterborne security barriers are procured and installed.”
Ҥ 2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics
“(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 mathematics; 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 considers 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 technical centers for students and teachers at covered schools.
“(2) Establishment of scholarships and fellowships for students 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 students and teachers at covered schools.
“(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.”
“2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics.”.
“(6) Joint artificial intelligence center.—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.”
“(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;”
Ҥ 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 ‘Detachment’) composed of members of the reserve components described in subsection (b) to be assigned to each office of the Defense Innovation 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 determined 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-developed 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 procure such technologies;
“(B) increasing awareness of—
“(i) the work of the Defense Innovation Unit; and
“(ii) the technology requirements of the Department of Defense as identified in the National Defense Science and Technology Strategy developed under section 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 developing 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) of title 10, United States Code, unless approved by the Secretary of Defense.”
“2358b. Joint reserve detachment of the Defense Innovation Unit.”.
“(d) Incentives.—The Secretary of Defense may develop incentives to encourage research and educational collaborations between covered educational institutions and other institutions of higher education.”
“(c) University Expertise.—
“(1) Arrangement with institutions of higher education.—Using the authority specified in section 217 of the 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, academia, and international partners consistent with appropriate security classification guidance.”
“(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 committees 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 concerned.”
; and
“(e) Authorities.—In carrying out this section, the Secretary may use the following authorities:
“(1) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.
“(2) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.
“(3) Section 2374a of such title, relating to prizes for advanced technology achievements.
“(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.
“(5) Section 2521 of such title, relating to the Manufacturing Technology Program.
“(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note).
“(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note), relating to a pilot program on strengthening manufacturing in the defense industrial base.
“(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.”
“(27) Rapid prototyping.
“(28) Infrastructure resilience.
“(29) Hypersonics.”
“(18) The Lab-Embedded Entrepreneurship Programs of the Department of Energy.”
“(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 Department of Defense;
“(D) other Federal agencies; and
“(E) appropriate private sector organizations;”
“(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 Standards and Technology and other appropriate Federal entities, develop a quantum information science taxonomy and standards 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;”
“(d) Quantum Information Science Research Centers.—The Secretary of each military department may establish or designate a defense laboratory or establish activities to engage with appropriate public and private sector organizations, including academic 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
“(D) A description of the activities carried out in accordance 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 supported through the activity.
“(E) A description of the efforts of the Department of Defense to update classification and cybersecurity practices 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.”
“(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 development; or
“(II) the understanding of the Secretary concerning the investments by adversaries of the United States in artificial intelligence and the development by such adversaries of capabilities relating to artificial intelligence.”
“(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 by the Office of the Secretary of Defense and identified in the regulations prescribed under paragraph (1).”
“(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 military construction to improve the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system.”
“(e) Authority for National Guard Projects.—Notwithstanding 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) 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) Use of Operational Energy Cost Savings.—The amount that remains available for obligation under subsection (a) that relates to operational energy cost savings realized by the Department shall be used for the implementation of additional operational energy resilience, efficiencies, mission assurance, energy conservation, or energy security within the department, agency, or instrumentality that realized that savings.”
“(i) military construction projects described in paragraph (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 geothermal 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.”
“(1) Opportunities to reduce the current rate of consumption of energy, the future demand for energy, and the requirement for the use of energy.
“(2) Opportunities to enhance energy resilience to ensure the Department of Defense has the ability to prepare for and recover from energy disruptions that affect mission assurance on military installations.”
; and
“§ 2926. Operational energy”
“2926. Operational energy.”.
Ҥ 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;
“(2) a detailed explanation of any factors that could preclude the Department of Defense or any of the military departments 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’.”
“118. Annual report on major weapons systems sustainment.”.
“(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
“(c) Extension of Limitation on Length of Overseas Forward Deployment for U.S.S. Shiloh (CG–67).—Notwithstanding subsection (b), the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG–67) is assigned a homeport in the United States by not later than September 30, 2023.”
“(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components.
“(3) Each report under this subsection shall contain the elements 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.”
“(b) Required Elements.—The elements described in this subsection are each of the following:
“(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations 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 deficiency.
“(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 personnel, 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 combat 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 Department 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.”
“(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 the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant 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.”
“482. Readiness reports.”.
“(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) The term ‘governor’, with respect to a State, means the chief executive officer of the State.”
“(8) The term ‘State’ means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, and American Samoa.”
“(f) Veterinary Screening and Care for Military Working Dogs To Be Retired.—
(1)
(A) If the Secretary of the military department concerned determines that a military working dog should be retired, such Secretary shall transport the dog to the Veterinary Treatment Facility at Lackland Air Force Base, Texas.
“(B) In the case of a contract working dog to be retired, transportation required by subparagraph (A) is satisfied by the transfer of the dog to the 341st Training Squadron at the end of the dog’s service life as required by section 2410r of this title and assignment of the dog to the Veterinary Treatment Facility referred to in that subparagraph.
“(2)
(A) The Secretary of Defense shall ensure that each dog transported as described in paragraph (1) to the Veterinary Treatment Facility referred to in that paragraph is provided with a full veterinary screening, and necessary veterinary care (including surgery for any mental, dental, or stress-related illness), before transportation of the dog in accordance with subsection (g).
“(B) For purposes of this paragraph, stress-related illness includes illness in connection with post-traumatic stress, anxiety that manifests in a physical ailment, obsessive compulsive behavior, and any other stress-related ailment.
“(3) Transportation is not required under paragraph (1), and screening and care is not required under paragraph (2), for a military working dog located outside the United States if the Secretary of the military department concerned determines that transportation of the dog to the United States would not be in the best interests of the dog for medical reasons.”
“(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.”
“(2) An equid (horse, mule, or donkey) owned by the Department of Defense.”
“(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.”
| 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”. |
| 1,100 | 50 | 11 |
| 1,200 | 55 | 12 |
| 1,300 | 60 | 13 |
| 1,400 | 65 | 14 |
| 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”. |
| “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) 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.”
“(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.”
“(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.”
“(A) The amount.”
“(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.”
“(2)
(A) Whenever a waiver is in effect under paragraph (1), the member or group of members covered by the waiver shall be subject to specific and measurable deployment thresholds established and maintained for purposes of this subsection.
“(B) Thresholds under this paragraph may be applicable—
“(i) uniformly, Department of Defense-wide; or
“(ii) separately, with respect to each armed force or the United States Special Operations Command.
“(C) If thresholds under this paragraph are applicable Department-wide, such thresholds shall be established and maintained by the Under Secretary of Defense for Personnel and Readiness. If such thresholds are applicable only to one armed force or the Under States Special Operations Command, such thresholds shall 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 Commandant of the Marine Corps (with respect to the Marine Corps), and the Commander of the United States Special Operations Command, as applicable.
“(D) In undertaking recordkeeping for purposes of subsection (c), the Under Secretary shall, in conjunction with the officials and officers referred to in subparagraph (C), collect complete and reliable personnel tempo data of members described in subparagraph (A) in order to ensure that the Department, the armed forces, and the United States Special Operations Command fully and completely monitor personnel tempo under any waiver authorized under paragraph (1) and the effect of such waiver on the armed forces.”
“(5) If the retired grade of an officer is proposed to be increased through the reopening of the determination or certification of officer’s retired grade, the increase in the retired grade shall be made by the Secretary of Defense, by and with the advice and consent of the Senate.”
“(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 Secretary 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.”
“(d) Report of Officers Recommended for Higher Placement 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 concerned—
“(1) the names of those officers the promotion board recommends 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.”
“(g)
(1) Each public secondary educational institution that maintains a unit under this section shall permit membership in the unit to homeschooled students residing in the area served by the institution who are qualified for membership in the unit (but for lack of enrollment in the institution).
“(2) A student who is a member of a unit pursuant to this subsection shall count toward the satisfaction by the institution concerned of the requirement in subsection (b)(1) relating to the minimum number of student members in the unit necessary for the continuing maintenance of the unit.”
“(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).”
“(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.”
“(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.”
“§ 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 department. For purposes of the application of such provisions to this section—
“(1) any reference in such provisions to a ‘military department’ 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 ‘Secretary of Defense’ shall be treated as a reference to the Secretary 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 of this section unless the Secretary determines it is appropriate to apply such requirements to such unit.”
“320. Coast Guard Junior Reserve Officers’ Training Corps.”.
“(2) If a board established under subsection (a)(1) is reviewing a claim described in subsection (h), the board shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.
“(3) If a board established under subsection (a)(1) is reviewing a claim in which sexual trauma, intimate partner violence, or spousal abuse is claimed, the board shall seek advice and counsel in the review from an expert in trauma specific to sexual assault, intimate partner violence, or spousal abuse, as applicable.”
“(B) In the case of a former member described in paragraph (3)(B) who claims that the former member’s post-traumatic stress disorder or traumatic brain injury as described in that paragraph in based in whole or in part on sexual trauma, intimate partner violence, or spousal abuse, a board established under this section to review the former member’s discharge or dismissal shall seek advice and counsel in the review from a psychiatrist, psychologist, or social worker with training on mental health issues associated with post-traumatic stress disorder or traumatic brain injury or other trauma as specified in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.”
Ҥ 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 Secretary of the military department concerned upgrade the characterization 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 determines 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 dismissal was not granted under sections 1552 and 1553 of this title.”
“1553a. Review of a request for upgrade of discharge or dismissal.”.
“(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.”
“(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.”
“(1) The President shall prescribe regulations for matters relating to proceedings conducted before referral of charges and specifications to court-martial for trial, including the following:
“(A) Pre-referral investigative subpoenas.
“(B) Pre-referral warrants or orders for electronic communications.
“(C) Pre-referral matters referred by an appellate court.
“(D) Pre-referral matters under subsection (c) or (e) of section 806b of this title (article 6b).
“(E) Pre-referral matters relating to the following:
“(i) Pre-trial confinement of an accused.
“(ii) The mental capacity or 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 proceedings under this section extend only to matters that would be subject to consideration by a military judge in a general or special court-martial; and
“(D) provide such limitations on the relief that may be ordered under this section as the President considers appropriate.”
“§ 830a. Art 30a. Proceedings conducted before referral”
“830a. 30a. Proceedings conducted before referral.”.
“(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 commanding 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 military 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 convening authority or officer.”
“(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 or officer to dispose of offenses in individual cases, types of cases, or generally.
“(2) Except as provided in paragraph (1) or as otherwise authorized 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.”
“837. Art. 37. Command influence.”.
“(b) Protection of Certain Personally Identifiable Information.—Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.
“(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.”
“(f) Return of Personal Property in Restricted Reporting Cases.—
(1) The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination.
“(2) The procedures shall ensure that—
“(A) a request of a victim under paragraph (1) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and
“(B) at the time of the filing of the restricted report, a Sexual Assault Response Coordinator or Sexual Assault Prevention and Response Victim Advocate—
“(i) informs the victim that the victim may request the return of personal property as described in paragraph (1); and
“(ii) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report.
“(3) Except with respect to personal property returned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).”
“(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.”
“(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.”
“(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 circumstances.”
“(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 subsection (a).”
; and
“(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.
“(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 produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal.”
“(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).”
“(3) Permanent change of station.—The term ‘permanent change of station’ includes separation or retirement from military service.”
“(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.”
“(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;”
“(2) in the case of an enlisted member, meet all requirements for acceptance of a commission as a commissioned officer in the armed forces; and”
; and
“§ 2004. Detail as students at law schools; commissioned officers; certain enlisted members”
“2004. Detail as students at law schools; commissioned officers; certain enlisted members.”.
Ҥ 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.
“(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 Representatives 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.”
“7422. Degree granting authority for United States Army Armament Graduate School.”.
Ҥ 2017. Limitation on establishment of postsecondary educational 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 committees 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 associate’s, bachelor’s, or graduate degree may be awarded.”
“2017. Limitation on establishment of postsecondary educational institutions pending notice to Congress.”.
“(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 Secretary 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 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 necessary 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 requirements set forth in sections 7442, 8454, and 9442 of this title.”
“(e) Consideration of Request for Transfer of a Midshipman 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 education.
“(2) The Secretary of the Navy 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 Naval Academy shall ensure that any midshipman who has been appointed to the United States Naval 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 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 military 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 necessary and appropriate action to effectuate the transfer of the midshipman to the military service academy concerned 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 admission 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.”
“(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 consideration 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 necessary 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 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 Air Force Academy denies a request for transfer under this subsection, the 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 requirements set forth in sections 7442, 8454, and 9442 of this title.”
“(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.”
“(19) Information regarding how to file claims for benefits available to the member under laws administered by the Secretaries of Defense and Veterans Affairs.”
“(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.”
“(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 specifically for female members of the Armed Forces.”
“(A) The total number of members eligible to attend Transition Assistance Program counseling.”
; and
“(H) The number of members who participated in programs 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 participation of the members in the Transition Assistance Program and programs described in subparagraph (H).”
“(l) A member of the armed forces who gives birth while on active duty may be deployed during the period of 12 months beginning 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.”
“(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 transportation 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 designee.”
“(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.”
“(h) Improvement of Occupational License Portability Through Interstate Compacts.—
“(1) In general.—The Secretary of Defense shall seek to enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a 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 report on interstate compacts described in paragraph (1) developed through assistance provided under that paragraph. Each report shall set forth the following:
“(A) Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact.
“(B) Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year.
“(5) Expiration.—The authority to enter into a cooperative agreement under paragraph (1), and to provide assistance described in that paragraph pursuant to such cooperative agreement, expire on September 30, 2024.”
“(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.”
“(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
“(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.”
“(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
Ҥ 1136. Honorable service requirement for award of military decorations
“No military decoration, including a medal, cross, or bar, or an associated emblem or insignia, may be awarded or presented to any person, or to a representative of the person, if the service of the person after the person distinguished himself or herself has not been honorable.”
“1136. Honorable service requirement for award of military decorations.”.
“(A) any member of the armed forces who is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
“(B) any veteran (as defined in section 101 of title 38), during the one-year period following the veteran’s date of separation, who—
“(i) is on the Temporary Disability Retirement List or Permanently Disabled Retirement List;
“(ii) is eligible to participate in adaptive sports because of an injury, illness, or wound incurred in the line of duty in the armed forces; and
“(iii) was enrolled in the program authorized under this section prior to the veteran’s date of separation.”
“§ 2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans”
“2564a. Provision of assistance for adaptive sports programs: members of the armed forces; certain veterans.”.
“(1) The date on which the member is returned for assignment 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.”
“(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 allowances 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.”
“(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.”
“(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 paragraph 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 paragraph.
“(C) This paragraph shall cease to be effective on September 30, 2022.”
Ҥ 456. Managed travel program refunds
“(a) Credit of Refunds.—The Secretary of Defense may credit refunds attributable to Department of Defense managed travel programs as a direct result of official travel to such operation and maintenance or research, development, test, and evaluation accounts of the Department as designated by the Secretary that are available for obligation for the fiscal year in which the refund or amount is collected.
“(b) Use of Refunds.—Refunds credited under subsection (a) may only be used for official travel or operations and efficiency improvements for improved financial management of official travel.
“(c) Definitions.—In this section:
“(1) Managed travel program.—The term ‘managed travel program’ includes air, rental car, train, bus, dining, lodging, and travel management, but does not include rebates or refunds attributable to the use of the Government travel card, the Government Purchase Card, or Government travel arranged by Government Contracted Travel Management Centers.
“(2) Refund.—The term ‘refund’ includes miscellaneous receipts credited to the Department identified as a refund, rebate, repayment, or other similar amounts collected.”
“456. Managed travel program refunds.”.
“(1) The term”
; and
“(2) The term ‘general public’ includes the Federal Government or an agency.”
“(3) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.”
“(3) For purposes of the provision of benefits under this section pursuant to this subsection, a member shall be considered separated from active duty upon the earliest of—
“(A) the date an administrative separation is initiated by a commander of the member;
“(B) the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or
“(C) the date the member’s term of service expires.”
“(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 compensation.
“(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.”
“(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 assignment 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.”
“(7) Advertising of commissary sales on materials available within commissary stores and at other on-base locations.”
“(f) Eligibility of Foreign Service Officers on Mandatory Home Leave.—A Foreign Service officer on mandatory home leave may be permitted to use military lodging referred to in subsection (h).”
; and
“(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).”
“(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.”
“(d) Payment Options.—
(1) A member or former member of the uniformed services, or a dependent thereof, eligible for medical care and dental care under section 1074(b) or 1076 of this title shall pay a premium for coverage under this chapter.
“(2) To the maximum extent practicable, a premium owed by a member, former member, or dependent under paragraph (1) shall be withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, a premium shall be paid in a frequency and method determined by the Secretary.”
“§ 1097a. TRICARE Prime: automatic enrollments”
“§ 1099. Health care enrollment system and payment options”
“1097a. TRICARE Prime: automatic enrollments.”; and
“1099. Health care enrollment system and payment options.”.
“(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.”
“(D) An assessment of whether the member was—
“(i) based or stationed at a location where an open burn pit, as defined in subsection (c) of section 201 of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note), was used; or
“(ii) exposed to toxic airborne chemicals or other airborne contaminants, including any information recorded as part of the registry established by the Secretary of Veterans Affairs under such section 201.”
“(iv) accurately record any exposure to occupational and environmental health risks during the course of their deployment.”
“(g) Additional Requirements for Postdeployment Medical Examinations and Health Reassessments.—
(1) The Secretary of Defense shall standardize and make available to a provider that conducts a postdeployment medical examination or reassessment under the system described in subsection (a) questions relating to occupational and environmental health exposure.
“(2) The Secretary, to the extent practicable, shall ensure that the medical record of a member includes information on the external cause relating to a diagnosis of the member, including by associating an external cause code (as issued under the International Statistical Classification of Diseases and Related Health Problems, 10th Revision (or any successor revision)).”
“(C) 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
“(ii) if the assessment required by subparagraph (C) is performed during the period specified in paragraph (3), beginning 180 days after the date of redeployment from the contingency operation.”
“(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 operation 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.”
“(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
“(F) supply and equipment;”
“(D) to identify the capacity of each military medical treatment facility to support clinical readiness standards of health care providers established by the Secretary of a military department or the Assistant Secretary of Defense for Health Affairs;”
and
“(F) to determine, in coordination with each Secretary of a military department, manning, including joint manning, assigned to military medical treatment facilities and intermediary organizations;
“(G) to select, after considering nominations from the Secretaries of the military departments, commanders or directors of military medical treatment facilities;”
; and
“(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 Department of Defense or military department.”
“(3) The term ‘military medical treatment facility’ means—
“(A) any fixed facility of the Department of Defense that is outside of a deployed environment and used primarily for health care; and
“(B) any other location used for purposes of providing health care services as designated by the Secretary of Defense.”
“(1) In general.—The Secretary of Defense shall, acting through the Secretaries of the military departments, the Defense Health Agency, and the Joint Staff, implement an organizational framework of the military health system that effectively and efficiently implements chapter 55 of title 10, United States Code, to maximize the readiness of the medical force, promote interoperability, and integrate medical capabilities of the Armed Forces in order to enhance joint military medical operations in support of requirements of the combatant commands.”
“(b) Additional Duties of Surgeons General of the Armed Forces.—The Surgeons General of the Armed Forces shall have the following duties:
“(1) To ensure the readiness for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.
“(2) To meet medical readiness standards, subject to standards and metrics established by the Assistant Secretary of Defense for Health Affairs.
“(3) With respect to uniformed medical and dental personnel of the military department concerned—
“(A) to assign such personnel—
“(i) primarily to military medical treatment facilities, under the operational control of the commander or director of the facility; or
“(ii) secondarily to partnerships with civilian or other medical facilities for training activities specific to such military department; and
“(B) to maintain readiness of such personnel for operational deployment.
“(4) To provide logistical support for operational deployment of medical and dental personnel and deployable medical or dental teams or units of the Armed Force or Armed Forces concerned.
“(5) To oversee mobilization and demobilization in connection with the operational deployment of medical and dental personnel of the Armed Force or Armed Forces concerned.
“(6) To develop operational medical capabilities required to support the warfighter, and to develop policy relating to such capabilities.
“(7) To provide health professionals to serve in leadership positions across the military healthcare system.
“(8) To deliver operational clinical services under the operational control of the combatant commands—
“(A) on ships and planes; and
“(B) on installations outside of military medical treatment facilities.
“(9) To manage privileging, scope of practice, and quality of health care in the settings described in paragraph (8).”
“(A) In general.—The Secretaries of the military departments shall coordinate with the Chairman of the Joint Chiefs of Staff to direct resources allocated to the military departments to support requirements related to readiness and operational medicine support that are established by the combatant commands and validated by the Joint Staff.”
; and
“(5) Manpower.—
“(A) Administrative control of military personnel.—Each Secretary of a military department shall exercise administrative control of members of the Armed Forces assigned to military medical treatment facilities, including personnel assignment and issuance of military orders.
“(B) Oversight of certain personnel by the director of the defense health agency.—In situations in which members of the Armed Forces provide health care services at a military medical treatment facility, the Director of the Defense Health Agency shall maintain operational control over such members and oversight for the provision of care delivered by such members through policies, procedures, and privileging responsibilities of the military medical treatment facility.”
“SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL REQUIREMENTS OF COMBATANT COMMANDS.”
“Sec. 712. Support by military healthcare system of medical requirements of combatant commands.”.
“(h) Labeling.—The Secretary of Defense shall ensure that drugs made available through the facilities of the armed forces under the jurisdiction of the Secretary include labels and other labeling that are in compliance with the requirements of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).”
“(c) Leadership.—
“(1) Director.—The Director of the Office shall be the head of the Office.
“(2) Deputy director.—The Deputy Director of the Office shall be the deputy head of the Office and shall assist the Director in carrying out the duties of the Director.
“(3) Reporting.—The Director shall report directly to the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs.
“(4) Appointments.—
“(A) Director.—The Director shall be appointed by the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, for a fixed term of four years. For the subsequent term, the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, shall appoint the Director for a fixed term of four years, and thereafter, the appointment of the Director for a fixed term of four years shall alternate between the Secretaries.
“(B) Deputy director.—The Deputy Director shall be appointed by the Secretary of Veterans Affairs, with the concurrence of the Secretary of Defense, for a fixed term of four years. For the subsequent term, the Secretary of Defense, with the concurrence of the Secretary of Veterans Affairs, shall appoint the Deputy Director for a fixed term of four years, and thereafter, the appointment of the Deputy Director for a fixed term of four years shall alternate between the Secretaries.
“(C) Minimum qualifications.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop qualification requirements for the Director and the Deputy Director. Such requirements shall ensure that, at a minimum, the Director and Deputy Director, individually or together, meet the following qualifications:
“(i) Significant experience at a senior management level fielding enterprise-wide technology in a health care setting, or business systems in the public or private sector.
“(ii) Credentials for enterprise-wide program management.
“(iii) Significant experience leading implementation of complex organizational change by integrating the input of experts from various disciplines, such as clinical, business, management, informatics, and technology.
“(5) Succession.—The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop a leadership succession process for the Office.
“(6) Additional guidance.—The Department of Veterans Affairs-Department of Defense Joint Executive Committee may provide guidance in the discharge of the functions of the Office under this section.
“(7) Information to congress.—Upon request by any of the appropriate committees of Congress, the Director and the Deputy Director shall testify before such committee, or provide a briefing or otherwise provide requested information to such committee, regarding the discharge of the functions of the Office under this section.”
“(C) To develop and implement a comprehensive interoperability strategy, which shall include—
“(i) the Electronic Health Record Modernization Program of the Department of Veterans Affairs; and
“(ii) the Healthcare Management System Modernization Program of the Department of Defense.
“(D) To pursue the highest level of interoperability for the delivery of health care by the Department of Defense and the Department of Veterans Affairs.
“(E) To accelerate the exchange of health care information between the Departments, and advances in the health information technology marketplace, in order to support the delivery of health care by the Departments.
“(F) To collect the operational and strategic requirements of the Departments relating to the strategy under subsection (a) and communicate such requirements and activities to the Office of the National Coordinator for Health Information Technology of the Department of Health and Human Services for the purpose of implementing title IV of the 21st Century Cures Act (division A of Public Law 114–255), and the amendments made by that title, and other objectives of the Office of the National Coordinator for Health Information Technology.
“(G) To plan for and effectuate the broadest possible implementation of standards, specifically with respect to the Fast Healthcare Interoperability Resources standard or successor standard, the evolution of such standards, and the obsolescence of such standards.
“(H) To actively engage with national and international health standards setting organizations, including by taking membership in such organizations, to ensure that standards established by such organizations meet the needs of the Departments pursuant to the strategy under subsection (a), and oversee and approve adoption of and mapping to such standards by the Departments.
“(I) To express the content and format of health data of the Departments using a common language to improve the exchange of data between the Departments and with the private sector, and to ensure that clinicians of the Departments have access to integrated, computable, comprehensive health records of patients.
“(J) To inform the Chief Information Officer of the Department of Defense and the Chief Information Officer of the Department of Veterans Affairs of any activities of the Office affecting or relevant to cybersecurity.
“(K) To establish an environment that will enable and encourage the adoption by the Departments of innovative technologies for health care delivery.
“(L) To leverage data integration to advance health research and develop an evidence base for the health care programs of the Departments.
“(M) To prioritize the use of open systems architecture by the Departments.
“(N) To ensure ownership and control by patients of personal health information and data in a manner consistent with applicable law.
“(O) To prevent contractors of the Departments or other non-departmental entities from owning or having exclusive control over patient health data, for the purposes of protecting patient privacy and enhancing opportunities for innovation.
“(P) To implement a single lifetime longitudinal personal health record between the Department of Defense and the Department of Veterans Affairs.
“(Q) To attain interoperability capabilities—
“(i) sufficient to enable the provision of seamless health care by health care facilities and providers of the Departments, as well as private sector facilities and providers contracted by the Departments; and
“(ii) that are more adaptable and far reaching than those achievable through biodirectional information exchange between electronic health records of the exchange of read-only data alone.
“(R) To make maximum use of open-application program interfaces and the Fast Healthcare Interoperability Resources standard (or successor standard).”
“(e) Implementation Milestones.—
“(1) Evaluation.—With respect to the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, the Office shall seek to enter into an agreement with an independent entity to conduct an evaluation by not later than October 1, 2021 of the following:
“(A) Whether a clinician of the Department of Defense, can access, and meaningfully interact with, a complete patient health record of a veteran, from a military medical treatment facility.
“(B) Whether a clinician of the Department of Veterans Affairs can access, and meaningfully interact with, a complete patient health record of a member of the Armed Forces serving on active duty, from a medical center of the Department of Veterans Affairs.
“(C) Whether clinicians of the Departments can access, and meaningfully interact with, the data elements of the health record of a patient who is a veteran or is a member of the Armed Forces which are generated when the individual receives health care from a community care provider of the Department of Veterans Affairs or a TRICARE program provider of the Department of Defense.
“(D) Whether a community care provider of the Department of the Veterans Affairs and a TRICARE program provider of the Department of Defense on a Health Information Exchange-supported electronic health record can access patient health records of veterans and active-duty members of the Armed Forces from the system of the provider.
“(E) An assessment of interoperability between the legacy electronic health record systems and the future electronic health record systems of the Department of Veterans Affairs and the Department of Defense.
“(F) An assessment of the use of interoperable content between—
“(i) the legacy electronic health record systems and the future electronic health record systems of the Department of Veterans Affairs and the Department of Defense; and
“(ii) third-party applications.
“(2) System configuration management.—The Office shall—
“(A) maintain the common configuration baseline for the electronic health record systems of the Department of Defense and the Department of Veterans Affairs; and
“(B) continually evaluate the state of configuration and the impacts on interoperability; and
“(C) promote the enhancement of such electronic health records systems.
“(3) Consultation.—
“(A) Annual meeting required.—Not less than once per year, the Office shall convene a meeting of clinical staff from the Department of Defense, the Department of Veterans Affairs, the Coast Guard, community providers, and other leading clinical experts, for the purpose of assessing the state of clinical use of the electronic health record systems and whether the systems are meeting clinical and patient needs.
“(B) Recommendations.—Clinical staff participating in a meeting under subparagraph (A) shall make recommendations to the Office on the need for any improvements or concerns with the electronic health record systems.
“(4) Clinical and patient satisfaction survey.—Beginning October 1, 2021, and on at least a biannual basis thereafter until 2025 at the earliest, the Office shall undertake a clinician and patient satisfaction survey regarding clinical use and patient experience with the electronic health record systems of the Department of Defense and the Department of Veterans Affairs.”
“(3) Cost sharing.—The Secretary of Defense and the Secretary of Veterans shall enter into an agreement on cost sharing and providing resources for the operations and staffing of the Office.
“(4) Hiring authority.—The Secretary of Defense and the Secretary of Veterans Affairs shall delegate to the Director the authority under title 5, United States Code, regarding appointments in the competitive service to hire personnel of the Office.”
“(h) Reports.—
“(1) Annual reports.—Not later than September 30, 2020, and each year thereafter through 2024, the Director shall submit to the Secretary of Defense and the Secretary of Veterans Affairs, and to the appropriate committees of Congress, a report on the activities of the Office during the preceding calendar year. Each report shall include the following:
“(A) A detailed description of the activities of the Office during the year covered by such report, including a detailed description of the amounts expended and the purposes for which expended.
“(B) With respect to the objectives of the strategy under paragraph (2)(C) of subsection (b), and the purposes of the Office under such subsection—
“(i) a discussion, description, and assessment of the progress made by the Department of Defense and the Department of Veterans Affairs during the preceding calendar year; and
“(ii) a discussion and description of the goals of the Department of Defense and the Department of Veterans Affairs for the following calendar year, including updates to strategies and plans.
“(C) A detailed financial summary of the activities of the Office, including the funds allocated to the Office by each Department, the expenditures made, and an assessment as to whether the current funding is sufficient to carry out the activities of the Office.
“(D) A detailed description of the status of each of the implementation milestones, including the nature of the evaluation, methodology for testing, and findings with respect to each milestone under subsection (e).
“(E) A detailed description of the state of the configuration baseline, including any activities which decremented or enhanced the state of configuration under subsection (e).
“(F) With respect to the annual meeting required under subsection (e)(3)—
“(i) a detailed description of activities, assessments, and recommendations relating to such meeting; and
“(ii) the response of the Office to any such recommendations.
“(2) Availability.—Each report under this subsection shall be made publicly available.”
“(k) Definitions.—In this section:
“(1) The term ‘appropriate congressional committees’ means—
“(A) the congressional defense committees; and
“(B) the Committees on Veterans’ Affairs of the House of Representatives and the Senate.
“(2) The term ‘configuration baseline’ means a fixed reference in the development cycle or an agreed-upon specification of a product at a point in time that serves as a documented basis for defining incremental change in all aspects of an information technology product.
“(3) The term ‘Electronic Health Record Modernization Program’ has the meaning given that term in section 503 of the Veterans Benefits and Transition Act of 2018 (Public Law 115–407; 132 Stat. 5376).
“(4) The term ‘interoperability’ means the ability of different information systems, devices, or applications to connect, regardless of the technology platform or the location where care is provided—
“(A) in a coordinated and secure manner, within and across organizational boundaries, and across the complete spectrum of care, including all applicable care settings;
“(B) with relevant stakeholders, including the person whose information is being shared, to access, exchange, integrate, and use computable data regardless of the origin or destination of the data or the applications employed;
“(C) with the capability to reliably exchange information without error;
“(D) with the ability to interpret and to make effective use of such exchanged information;
“(E) with the ability for information that can be used to advance patient care to move between health care entities; and
“(F) without additional intervention by the end user.
“(5) The term ‘meaningfully interact’ means the ability to view, consume, act upon, and edit information in a clinical setting to facilitate high-quality clinical decision making.
“(6) The term ‘seamless health care’ means health care which is optimized through access by patients and clinicians to integrated, relevant, and complete information about the clinical experiences of the patient, social and environmental determinants of health, and health trends over time, in order to enable patients and clinicians to—
“(A) move efficiently within and across organizational boundaries;
“(B) make high-quality decisions; and
“(C) effectively carry out complete plans of care.
“(7) The term ‘Secretary concerned’ means—
“(A) the Secretary of Defense, with respect to matters concerning the Department of Defense;
“(B) the Secretary of Veterans Affairs, with respect to matters concerning the Department of Veterans Affairs; and
“(C) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
“(8) The term ‘TRICARE program’ has the meaning given that term in section 1072 of title 10, United States Code.”
Ҥ 2733a. Medical malpractice claims by members of the uniformed services
“(a) In General.—Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under subsection (f), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider.
“(b) Requirement for Claims.—A claim may be allowed, settled, and paid under subsection (a) only if—
“(1) the claim is filed by the member of the uniformed services who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation;
“(2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting within the scope of employment;
“(3) the act or omission constituting medical malpractice occurred in a covered military medical treatment facility;
“(4) the claim is presented to the Department in writing within two years after the claim accrues;
“(5) the claim is not allowed to be settled and paid under any other provision of law; and
“(6) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (f).
“(c) Liability.—
(1) The Department of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a Department of Defense health care provider.
“(2) The Department of Defense shall not be liable for the attorney fees of a claimant under this section.
“(d) Payment of Claims.—
(1) If the Secretary of Defense determines, pursuant to regulations prescribed by the Secretary under subsection (f), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this section, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31.
“(2) Except as provided in paragraph (1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
“(e) Reporting Medical Malpractice.—Not later than 30 days after a determination of medical malpractice or the payment of all or part of a claim under this section, the Secretary of Defense shall submit to the Director of the Defense Health Agency a report documenting such determination or payment to be used by the Director for all necessary and appropriate purposes, including medical quality assurance.
“(f) Regulations.—
(1) The Secretary of Defense shall prescribe regulations to implement this section.
“(2) Regulations prescribed by the Secretary under paragraph (1) shall include the following:
“(A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including—
“(i) the filing, receipt, investigation, and evaluation of a claim;
“(ii) the negotiation, settlement, and payment of a claim;
“(iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the Secretary considers appropriate.
“(B) Uniform standards consistent with generally accepted standards used in a majority of States in adjudicating claims under chapter 171 of title 28 (commonly known as the ‘Federal Tort Claims Act’) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the medical malpractice giving rise to the claim or the military department or service of the member of the uniformed services, and without regard to foreign law in the case of claims arising in foreign countries, including uniform standards to be applied to determinations with respect to—
“(i) whether an act or omission by a Department of Defense health care provider in the context of performing medical, dental, or related health care functions was negligent or wrongful, considering the specific facts and circumstances;
“(ii) whether the personal injury or death of the member was caused by a negligent or wrongful act or omission of a Department of Defense health care provider in the context of performing medical, dental, or related health care functions, considering the specific facts and circumstances;
“(iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the Secretary of Defense; and
“(iv) calculation of damages.
“(C) Such other matters as the Secretary considers appropriate.
“(3) In order to implement expeditiously the provisions of this section, the Secretary may prescribe the regulations under this subsection—
“(A) by prescribing an interim final rule; and
“(B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.
“(g) Limitation on Attorney Fees.—
(1) No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section.
“(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under paragraph (1), if recovery be had, shall be fined not more than $2,000, imprisoned not more than one year, or both.
“(h) Annual Report.—Not less frequently than annually until 2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—
“(1) indicating the number of claims processed under this section;
“(2) indicating the resolution of each such claim; and
“(3) describing any other information that may enhance the effectiveness of the claims process under this section.
“(i) Definitions.—In this section:
“(1) Covered military medical treatment facility.—The term ‘covered military medical treatment facility’ means a facility described in subsection (b), (c), or (d) of section 1073d of this title.
“(2) Department of defense health care provider.—The term ‘Department of Defense health care provider’ means a member of the uniformed services, civilian employee of the Department of Defense, or personal services contractor of the Department (under section 1091 of this title) authorized by the Department to provide health care services and acting within the scope of employment of such individual.
“(3) Member of the uniformed services.—The term ‘member of the uniformed services’ includes a member of a reserve component of the armed forces if the claim by the member under this section is in connection with personal injury or death that occurred while the member was in Federal status.”
“2733a. Medical malpractice claims by members of the uniformed services.”.
“(4) To permit the JALFHCC to enter into personal services contracts to carry out health care responsibilities in the JALFHCC to the same extent and subject to the same conditions and limitations as apply under section 1091 of title 10, United States Code, to the Secretary of Defense with respect to health care responsibilities in medical treatment facilities of the Department of Defense.”
“(C) six members, each of whom shall be appointed at the expiration of the term of a member appointed under this subparagraph, as provided for in paragraph (2), by the members currently serving on the Council pursuant to this subparagraph and paragraph (2), including the member whose expiring term is so being filled by such appointment.”
Ҥ 2113b. Academic Health System
“(a) In General.—The Secretary of Defense may establish an Academic Health System to integrate the health care, health professions education, and health research activities of the military health system, including under this chapter, in the National Capital Region.
“(b) Leadership.—
(1) The Secretary may appoint employees of the Department of Defense to leadership positions in the Academic Health System established under subsection (a).
“(2) Such positions may include responsibilities for management of the health care, health professions education, and health research activities described in subsection (a) and are in addition to similar leadership positions for members of the armed forces.
“(c) National Capital Region Defined.—In this section, the term ‘National Capital Region’ means the area, or portion thereof, as determined by the Secretary, in the vicinity of the District of Columbia.”
“2113b. Academic Health System.”.
Ҥ 1060c. Provision of veterinary services in emergencies
“(a) In General.—A veterinary professional described in subsection (b) may provide veterinary services for the purposes described in subsection (c) in any State, the District of Columbia, or a territory or possession of the United States, without regard to where such veterinary professional or the patient animal are located, if the provision of such services is within the scope of the authorized duties of such veterinary professional for the Department of Defense.
“(b) Veterinary Professional Described.—A veterinary professional described in this subsection is an individual who is—
“(1)
(A) a member of the armed forces, a civilian employee of the Department of Defense, or otherwise credentialed and privileged at a Federal veterinary institution or location designated by the Secretary of Defense for purposes of this section; or
“(B) a member of the National Guard performing training or duty under section 502(f) of title 32;
“(2) certified as a veterinary professional by a certification recognized by the Secretary of Defense; and
“(3) currently licensed by a State, the District of Columbia, or a territory or possession of the United States to provide veterinary services.
“(c) Purposes Described.—The purposes described in this subsection are veterinary services in response to any of the following:
“(1) A national emergency declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
“(2) A major disaster or an emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).
“(3) A public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d).
“(4) An extraordinary emergency, as determined by the Secretary of Agriculture under section 10407(b) of the Animal Health Protection Act (7 U.S.C. 8306(b)).”
“1060c. Provision of veterinary services in emergencies.”.
“(4) assess the feasibility and advisability of—
“(A) uploading the data gathered from the study into the Defense Occupational and Environmental Health Readiness System – Industrial Hygiene (DOEHRS-IH) or similar system;
“(B) allowing personnel of the Department of Defense and the Department of Veterans Affairs to have access to such system; and
“(C) ensuring such data is interoperable and can be uploaded into the MHS Genesis electronic health record or successor system of the Department of Defense.”
; and
“(2) Annual status report.—Not later than January 1 of each year during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 and ending on the completion of the study under subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a status report on the study.”
“(2) Ineligibility for award.—
(A) In the event the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, an offeror who fails to make a good faith effort to comply with a reasonable request to submit data in accordance with paragraph (1) is ineligible for award unless the head of the contracting activity, or the designee of the head of contracting activity, determines that it is in the best interest of the Government to make the award to that offeror, based on consideration of pertinent factors, including the following:
“(i) The effort to obtain the data.
“(ii) Availability of other sources of supply of the item or service.
“(iii) The urgency or criticality of the Government’s need for the item or service.
“(iv) Reasonableness of the price of the contract, subcontract, or modification of the contract or subcontract based on information available to the contracting officer.
“(v) Rationale or justification made by the offeror for not providing the requested data.
“(vi) Risk to the Government if award is not made.
“(B)
(i) Any new determination made by the head of the contracting activity under subparagraph (A) shall be reported to the Principal Director, Defense Pricing and Contracting on a quarterly basis.
“(ii) The Under Secretary of Defense for Acquisition and Sustainment, or a designee, shall produce an annual report identifying offerors that have denied multiple requests for submission of uncertified cost or pricing data over the preceding three-year period, but nevertheless received an award. The report shall identify products or services offered by such offerors that should undergo should-cost analysis. The Secretary of Defense may include a notation on such offerors in the system used by the Federal Government to monitor or record contractor past performance. The Under Secretary shall assess the extent to which these offerors are sole source providers within the defense industrial base and shall develop strategies to incentivize new entrants into the industrial base to increase the availability of other sources of supply for the product or service.”
“(i) Rights and Liability Upon Final Disposition.—
(1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained—
“(A) the restriction shall be cancelled; and
“(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust.
“(2) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is not sustained—
“(A) the United States shall continue to be bound by the restriction; and
“(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.”
“(5) The Director shall solicit comments from the Secretaries of the military departments on each report of the Director to Congress under this section and include any comments as an appendix to the Director’s report. The Director shall determine the amount of time available for the Secretaries to comment on the draft report on a case by case basis, and consider the extent to which substantive discussions have already been held between the Director and the military department. The Director shall reserve the right to issue the report without comment from a military department if the department’s comments are not received within the time provided, and shall indicate any such omission in the report.”
“(B) A task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source without the written determination otherwise required under subparagraph (A) if the head of the agency has made a written determination pursuant to section 2304(c) of this title that procedures other than competitive procedures may be used for the awarding of such contract.”
“(4) The head of an agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.”
“(4) Documentation.—The head of the agency shall document the results of market research in a manner appropriate to the size and complexity of the acquisition.”
“(1) analyze”
; and
“(2) make the data collected under subsection (a) accessible to any official designated by the Secretary of Defense for inclusion by such official in relevant reports made by such official.”
; and
“(c) Report Required.—
“(1) In general.—Not later than December 31, 2019, and annually thereafter through December 31, 2023, the Secretary of Defense shall submit to the congressional defense committees a report on the use of other transaction authority to carry out prototype projects during the preceding fiscal year. Each report shall summarize the data collected under subsection (a) on the nature and extent of each such use of the authority, including a description—
“(A) of the participants to an agreement entered into pursuant to the authority of subsection (a) of section 2371b of title 10, United States Code, or a follow-on contract or transaction entered into pursuant to the authority of subsection (f) of such section;
“(B) of the quantity of prototype projects to be produced pursuant to such an agreement, follow-on contract, or transaction;
“(C) of the amount of payments made pursuant to each such agreement, follow-on contract, or transaction;
“(D) of the purpose, description, and status of prototype projects carried out pursuant to each such agreement, follow-on contract, or transaction; and
“(E) including case examples, of the successes and challenges with using the authority of such subsection (a) or (f).
“(2) Form of report.—A report required under this subsection shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.”
Ҥ 2339b. Notification of Navy procurement production disruptions
“(a) Requirement for Contractor To Provide Notice of Delays.—The Secretary of the Navy shall require prime contractors of any Navy procurement program funded under either the Shipbuilding and Conversion, Navy account or the Other Procurement, Navy account to report within 15 calendar days any stop work order or other manufacturing disruption of 15 calendar days or more, by the prime contractor or any subcontractor, to the respective program manager and Navy technical authority.
“(b) Quarterly Reports.—The Secretary of the Navy shall submit to the congressional defense committees not later than 15 calendar days after the end of each quarter of a fiscal year a report listing all notifications made pursuant to subsection (a) during the preceding quarter.”
“2339b. Notification of Navy procurement production disruptions.”.
“(i) Form of Report.—A Selected Acquisition Report required under this section shall be submitted in unclassified form without any designation relating to dissemination control, but may contain a classified annex.
“(j) Termination.—The requirements under this section shall terminate after the final submission covering fiscal year 2021.”
“(5) in the case of a naval vessel program, certifies compliance with the requirements of section 8669b of this title.”
Ҥ 2361a. Extramural acquisition innovation and research activities
“(a) Establishment.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment and in coordination with the Under Secretary of Defense for Research and Engineering, shall establish and maintain extramural acquisition innovation and research activities as described in subsection (d), which shall include an acquisition research organization within a civilian college or university that is not owned or operated by the Federal Government that is established to provide and maintain essential research and development capabilities through a long-term strategic relationship with the Department of Defense.
“(b) Goals.—The goal of any activity conducted pursuant to this section shall be to provide academic analyses and policy alternatives for innovation in defense acquisition policies and practices to policymakers in the Federal Government by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstration and pilot programs of innovative acquisition policies and practices.
“(c) Director.—
“(1) Appointment.—Not later than June 1, 2020, the Secretary of Defense shall appoint an individual from civilian life to serve as the director for the extramural acquisition innovation and research activities required by this section (referred to in this section as the ‘Director’).
“(2) Term.—The Director shall serve a term of five years.
“(d) Activities.—The activities described in this subsection are as follows:
“(1) Research on past and current defense acquisition policies and practices, commercial and international best practices, and the application of new technologies and analytical capabilities to improve acquisition policies and practices.
“(2) Pilot programs to prototype and demonstrate new acquisition practices for potential transition to wider use in the Department of Defense.
“(3) Establishment of data repositories and development of analytical capabilities, in coordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support research and new policy and practice development.
“(4) Executive education to—
“(A) support acquisition workforce development, including for early career, mid-career, and senior leaders; and
“(B) provide appropriate education on acquisition issues to non-acquisition professionals.
“(5) On an ongoing basis, a review of the implementation of recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices, including—
“(A) for recommendations for the enactment of legislation, identify the extent to which the recommendations have been enacted into law by Congress;
“(B) for recommendations for the issuance of regulations, identify the extent to which the recommendations have been adopted through the issuance or revision of regulations;
“(C) for recommendations for revisions to policies and procedures in the executive branch, identify the extent to which the recommendations have been adopted through issuance of an appropriate implementing directive or other form of guidance; and
“(D) for recommendations for the resources required to implement recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices.
“(6) Engagement with researchers and acquisition professionals in the Department of Defense, as appropriate.
“(e) Funding.—Subject to the availability of appropriations, the Secretary may use amounts available in the Defense Acquisition Workforce and Development Account to carry out the requirements of this section.
“(f) Annual Report.—Not later than September 30, 2021, and annually thereafter, the Director shall submit to the Secretary of Defense and the congressional defense committees a report describing the activities conducted under this section during the previous year.”
“2361a. Extramural acquisition innovation and research activities.”.
“(c) Report.—Not later than December 15, 2019, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes—
“(1) the policy required in subsection (a) of section 2322 of title 10, United States Code;
“(2) an identification of each member of the cadre of intellectual property experts required in subsection (b) of such section and the office to which such member belongs;
“(3) a description of the leadership structure and the office that will manage the cadre of intellectual property experts; and
“(4) a description of the specific activities performed, and programs and efforts supported, by the cadre of intellectual property experts during the 12-month period preceding the date of the report.”
“(7) Policy to ensure a covered defense business system is in compliance with the Department’s auditability requirements.
“(8) Policy to ensure approvals required for the development of a covered defense business system.”
“(f) Implementation Guidance.—The Secretaries of the military departments shall issue guidance to implement the requirements of this section.”
“(6) issue guidance to implement the requirements of this section.”
Ҥ 2509. Modernization of acquisition processes to ensure integrity of industrial base
“(a) Digitization and Modernization.—The Secretary of Defense shall streamline and digitize the existing Department of Defense approach for identifying and mitigating risks to the defense industrial base across the acquisition process, creating a continuous model that uses digital tools, technologies, and approaches designed to ensure the accessibility of data to key decision-makers in the Department.
“(b) Analytical Framework.—
(1) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Counterintelligence and Security Agency and the heads of other elements of the Department of Defense as appropriate, shall develop an analytical framework for risk mitigation across the acquisition process.
“(2) The analytical framework required under paragraph (1) shall include the following elements:
“(A) Characterization and monitoring of supply chain risks, including—
“(i) material sources and fragility, including the extent to which sources, items, materials, and articles are mined, produced, or manufactured within or outside the United States;
“(ii) telecommunications services or equipment (other than optical transmission components);
“(iii) counterfeit parts;
“(iv) cybersecurity of contractors;
“(v) video surveillance services or equipment;
“(vi) vendor vetting in contingency or operational environments;
“(vii) other electronic or information technology products and services; and
“(viii) other risk areas as determined appropriate.
“(B) Characterization and monitoring of risks posed by contractor behavior that constitute violations of laws or regulations, including those relating to—
“(i) fraud;
“(ii) ownership structures;
“(iii) trafficking in persons;
“(iv) workers’ health and safety;
“(v) affiliation with the enemy;
“(vi) foreign influence; and
“(vii) other risk areas as deemed appropriate.
“(C) Characterization and assessment of the acquisition processes and procedures of the Department of Defense, including—
“(i) market research;
“(ii) responsibility determinations, including consideration of the need for special standards of responsibility to address the risks described in subparagraphs (A) and (B);
“(iii) facilities clearances;
“(iv) the development of contract requirements;
“(v) the technical evaluation of offers and contract awards;
“(vi) contractor mobilization, including hiring, training, and establishing facilities;
“(vii) contract administration, contract management, and oversight;
“(viii) contract audit for closeout;
“(ix) suspension and debarment activities and administrative appeals activities;
“(x) contractor business system reviews; and
“(xi) other relevant processes and procedures.
“(D) Characterization and monitoring of the health and activities of the defense industrial base, including those relating to—
“(i) balance sheets, revenues, profitability, and debt;
“(ii) investment, innovation, and technological and manufacturing sophistication;
“(iii) finances, access to capital markets, and cost of raising capital within those markets;
“(iv) corporate governance, leadership, and culture of performance; and
“(v) history of performance on past Department of Defense and government contracts.
“(c) Roles and Responsibilities.—The Secretary of Defense shall designate the roles and responsibilities of organizations and individuals to execute activities under this section, including—
“(1) the Under Secretary of Defense for Acquisition and Sustainment, including the Office of Defense Pricing and Contracting and the Office of Industrial Policy;
“(2) service acquisition executives;
“(3) program offices and procuring contracting officers;
“(4) administrative contracting officers within the Defense Contract Management Agency and the Supervisor of Shipbuilding;
“(5) the Defense Counterintelligence and Security Agency;
“(6) the Defense Contract Audit Agency;
“(7) each element of the Department of Defense which own or operate systems containing data relevant to contractors of the Department;
“(8) the Under Secretary of Defense for Research and Engineering;
“(9) the suspension and debarment official of the Department;
“(10) the Chief Information Officer; and
“(11) other relevant organizations and individuals.
“(d) Enabling Data, Tools, and Systems.—
(1)
(A) The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chief Data Officer of the Department of Defense and the Director of the Defense Counterintelligence and Security Agency, shall assess the extent to which existing systems of record relevant to risk assessments and contracting are producing, exposing, and timely maintaining valid and reliable data for the purposes of the Department’s continuous assessment and mitigation of risks in the defense industrial base.
“(B) The assessment required under subparagraph (A) shall include the following elements:
“(i) Identification of the necessary source data, to include data from contractors, intelligence and security activities, program offices, and commercial research entities.
“(ii) A description of the modern data infrastructure, tools, and applications and what changes would improve the effectiveness and efficiency of mitigating the risks described in subsection (b)(2).
“(iii) An assessment of the following systems owned or operated outside of the Department of Defense that the Department depends upon or to which it provides data:
“(I) The Federal Awardee Performance and Integrity Information System (FAPIIS).
“(II) The System for Award Management (SAM).
“(III) The Federal Procurement Data System–Next Generation (FPDS–NG).
“(IV) The Electronic Data Management Information System.
“(V) Other systems the Secretary of Defense determines appropriate.
“(iv) An assessment of systems owned or operated by the Department of Defense, including the Defense Counterintelligence and Security Agency and other defense agencies and field activities used to capture and analyze the status and performance (including past performance) of vendors and contractors.
“(2) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should feature—
“(A) the ability to continuously collect data on, assess, and mitigate risks;
“(B) data analytics and business intelligence tools and methods; and
“(C) continuous development and continuous delivery of secure software to implement the activities.
“(e) Rule of Construction.—Nothing in this section shall be construed to limit or modify any other procurement policy, procedure, requirement, or restriction provided by law.
“(f) Implementation and Reporting Requirements.—The Secretary of Defense shall carry out the implementation phases set forth in, and submit to the congressional defense committees the items of information required by, the following paragraphs:
“(1) Phase 1: implementation plan.—Not later than 90 days after the date of the enactment of this section, an implementation plan and schedule for carrying out the framework established pursuant to subsection (b), including—
“(A) a discussion and recommendations for any changes to, or exemptions from, laws necessary for effective implementation, including updating the definitions in section 2339a(e) of this title relating to covered procurement, covered system, and covered item of supply, and any similar terms defined in other law or regulation; and
“(B) a process for an entity to contact the Department after the entity has taken steps to remediate, mitigate, or otherwise address the risks identified by the Department in conducting activities under subsection (b).
“(2) Phase 2: implementation of framework.—Not later than one year after the date of the submission of the implementation plan and schedule required under paragraph (1), a report on the actions taken to implement the framework established pursuant to subsection (b).
“(g) Comptroller General Reviews.—
“(1) Briefing.—Not later than February 15, 2020, the Comptroller General of the United States shall brief the congressional defense committees on Department of Defense efforts over the previous 5 years to continuously assess and mitigate risks to the defense industrial base across the acquisition process, and a summary of current and planned efforts.
“(2) Periodic assessments.—The Comptroller General shall submit to the congressional defense committees three periodic assessments of Department of Defense progress in implementing the framework required under subsection (b), to be provided not later than October 15, 2020, March 15, 2022, and March 15, 2024.”
“2509. Modernization of acquisition processes to ensure integrity of industrial base.”.
“(A) a map of the industrial base;”
“(B) a prioritized list of gaps or vulnerabilities in the national technology and industrial base, including—
“(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
“(ii) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
“(iii) a proposed timeline for action to address such gaps or vulnerabilities; and”
Ҥ 2504a. Unfunded priorities of the national technology and industrial base: annual report
“(a) Annual Report.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on the unfunded priorities to address gaps or vulnerabilities in the national technology and industrial base.
“(b) Elements.—
“(1) In general.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
“(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
“(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
“(C) Account information with respect to such priority, including the following (as applicable):
“(i) Line Item Number (LIN) for applicable procurement accounts.
“(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
“(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
“(2) Prioritization of priorities.—Each report shall present the unfunded priorities covered by such report in order of urgency of priority.
“(c) Unfunded Priority Defined.—In this section, the term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement of the national technology and industrial base that—
“(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
“(2) is necessary to address gaps or vulnerabilities in the national technology and industrial base; and
“(3) would have been recommended for funding through the budget referred to in paragraph (1) if—
“(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
“(B) the program, activity, or mission requirement had emerged before the budget was formulated.”
“2504a. Unfunded priorities of the national technology and industrial base: annual report.”.
“(E) tantalum metals and alloys.”
“(6) Components for auxiliary ships.—Subject to subsection (k), large medium-speed diesel engines.”
“(k) Implementation of Auxiliary Ship Component Limitation.—Subsection (a)(6) applies only with respect to contracts awarded by the Secretary of a military department for new construction of an auxiliary ship after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 using funds available for National Defense Sealift Fund programs or Shipbuilding and Conversion, Navy. For purposes of this subsection, the term ‘auxiliary ship’ does not include an icebreaker or a special mission ship.”
“(3) Stainless steel flatware.
“(4) Dinnerware.”
“CHAPTER 113— DEFENSE CIVILIAN TRAINING CORPS
“Sec. 2200g. Establishment.
“Sec. 2200h. Program elements.
“Sec. 2200i. Model authorities.
“Sec. 2200j. Definitions.
“SEC. 2200g. ESTABLISHMENT.
“For the purposes of preparing selected students for public service in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense, and to target critical skill gaps in the Department of Defense, the Secretary of Defense shall establish and maintain a Defense Civilian Training Corps program, organized into one or more units, at any accredited civilian educational institution authorized to grant baccalaureate degrees.
“SEC. 2200h. PROGRAM ELEMENTS.
“In establishing the program, the Secretary of Defense shall determine the following:
“(1) A methodology to identify and target critical skills gaps in Department of Defense occupations relating to acquisition, science, engineering, or other civilian occupations determined by the Secretary of Defense.
“(2) A mechanism to track and report the success of the program in eliminating any critical skills gaps identified under paragraph (1).
“(3) Criteria for an accredited civilian educational institution to participate in the program.
“(4) The eligibility of a student to become a member of the program.
“(5) Criteria required for a member of the program to receive financial assistance from the Department of Defense.
“(6) The term of service as an employee of the Department of Defense required for a member of the program to receive such financial assistance.
“(7) Criteria required for a member of the program to be released from a term of service.
“(8) The method by which a successful graduate of the program may gain immediate employment in the Department of Defense.
“(9) Resources required for implementation of the program.
“SEC. 2200i. MODEL AUTHORITIES.
“In making determinations under section 2200h of this title, the Secretary of Defense shall use the authorities under chapters 103 and 111 of this title as guides.
“SEC. 2200j. DEFINITIONS.
“In this chapter:
“(1) The term ‘program’ means the Defense Civilian Training Corps program established under section 2200g.
“(2) The term ‘member of the program’ means a student at an accredited civilian educational institution who is enrolled in the program.”
“(c) Professional Certification.—
(1) In General.—The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards.
“(2) Requirements for Secretary.—If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title.”
“(6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such a member in order to provide the member with the opportunity to gain leadership and management skills.”
“(2) The professors, instructors, and lecturers employed under paragraph (1) shall include individuals from civilian colleges or universities that are not owned or operated by the Federal Government, commercial learning and development organizations, industry, or federally funded research and development centers.
“(3) The Secretary of Defense shall ensure that—
“(A) not later than September 1, 2021, not less than five full-time visiting professors employed under paragraph (1) are from civilian colleges or universities described under paragraph (2); ; and
“(B) not later than September 1, 2022, not less than ten full-time visiting professors employed under paragraph (1) are from such civilian colleges or universities.”
; and
“(11) Security cooperation.”
; and
“(13) Other positions, as necessary.”
“(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;”
“§ 1721. Designation of acquisition positions and acquisition workforce career fields”
“1721. Designation of acquisition positions and acquisition workforce career fields.”.
“subchapter ii— acquisition positions and acquisition workforce career fields”.
“II. Acquisition Positions And Acquisition Workforce Career Fields 1721”.
“(c) Key Work Experiences.—In carrying out subsection (b)(2), the Secretary shall ensure that key work experiences, in the form of multidisciplinary experiences, are developed for each acquisition workforce career field.”
Ҥ 1765. Competency development
“For each acquisition workforce career field, the Secretary of Defense shall—
“(1) establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments; and
“(2) assign resources to accomplish such technical and nontechnical competencies.”
“1765. Competency development.”.
“1731. Critical acquisition positions.”.
“subchapter iii— critical acquisition positions”.
“III. Critical Acquisition Positions 1731”.
“(1) is a member of the acquisition workforce selected to serve in, or serving in, a critical acquisition position designated under section 1731 of title 10.”
“(i) Conflicts of Interest.—A private-sector organization that is temporarily assigned a member of the acquisition workforce under this section shall not be considered to have a conflict of interest with the Department of Defense solely because of participation in the program established under this section.
“(j) Funding; Use of Defense Acquisition Workforce Development Fund.—Funds for the expenses for the program established under this section may be provided from amounts in the Department of Defense Acquisition Workforce Development Fund. Expenses for the program include—
“(1) notwithstanding section 1705(e)(5) of this title, the base salary of a civilian member of the acquisition workforce assigned to a private-sector organization under this section, during the period of that assignment;
“(2) expenses relating to assignment under this section of a member of the acquisition workforce away from the member’s regular duty station, including expenses for travel, per diem, and lodging; and
“(3) expenses for the administration of the program.”
“(C) Amounts in the Fund may be used to pay the expenses of the public-private talent exchange program established under section 1599g of this title.”
Ҥ 2409a. Incentives and consideration for qualified training programs
“(a) Incentives.—The Secretary of Defense shall develop workforce development investment incentives for a contractor that implements a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense.
“(b) Consideration of Qualified Training Programs.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rating of such offeror.
“(c) Qualified Training Program Defined.—The term ‘qualified training program’ means any of the following:
“(1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
“(2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
“(3) A program registered under the Act of August 16, 1937 (commonly known as the ‘National Apprenticeship Act’; Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
“(4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.”
“2409a. Incentives and consideration for qualified training programs.”.
Ҥ 2870. Use of qualified apprentices by military construction contractors
“(a) Certification Required.—The Secretary of Defense shall require each offeror for a contract for a military construction project to certify to the Secretary that, if awarded such a contract, the offeror will—
“(1) establish a goal that not less than 20 percent of the total workforce employed in the performance of such a contract are qualified apprentices; and
“(2) make a good faith effort to meet or exceed such goal.
“(b) Incentives.—The Secretary of Defense shall develop incentives for offerors for a contract for military construction projects to meet or exceed the goal described in subsection (a).
“(c) Consideration of Use of Qualified Apprentices.—The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of whether the contractor has made a good faith effort to meet or exceed the goal described in subsection (a), including consideration of the actual number of qualified apprentices used by the contractor on the contract, as part of the past performance rating of such contractor.
“(d) Qualified Apprentice Defined.—In this section, the term ‘qualified apprentice’ means an employee participating in an apprenticeship program that is—
“(1) registered with the Office of Apprenticeship of the Employment Training Administration of the Department of Labor pursuant to the Act of August 16, 1937 (popularly known as the ‘National Apprenticeship Act’; 29 U.S.C. 50 et seq.);
“(2) registered with a State apprenticeship agency recognized by such Office of Apprenticeship pursuant to such Act; or
“(3) determined to be a high-quality apprenticeship program by industry and the Secretary of Labor.”
“2870. Use of qualified apprentices by military construction contractors.”.
“(16) Credit for certain small business concern subcontractors.—
“(A) In general.—For purposes of determining whether or not a prime contractor has attained the percentage goals specified in paragraph (6)—
“(i) if the subcontracting goals pertain only to a single contract with a Federal agency, the prime contractor may elect to receive credit for small business concerns performing as first tier subcontractors or subcontractors at any tier pursuant to the subcontracting plans required under paragraph (6)(D) in an amount equal to the total dollar value of any subcontracts awarded to such small business concerns; and
“(ii) if the subcontracting goals pertain to more than one contract with one or more Federal agencies, or to one contract with more than one Federal agency, the prime contractor may only receive credit for first tier subcontractors that are small business concerns.
“(B) Collection and review of data on subcontracting plans.—The head of each contracting agency shall ensure that the agency—
“(i) collects and reports data on the extent to which prime contractors of the agency meet the goals and objectives set forth in subcontracting plans submitted pursuant to this subsection; and
“(ii) periodically reviews data collected and reported pursuant to clause (i) for the purpose of ensuring that such contractors comply in good faith with the requirements of this subsection.
“(C) Rule of construction.—Nothing in this paragraph shall be construed to allow a Federal agency to establish a goal for an number of subcontracts with a subcontractor at any tier for a prime contractor otherwise eligible to receive credit under this paragraph.”
“(G) a recitation of the types of records the successful offeror or bidder will maintain to demonstrate that procedures have been adopted to substantiate the credit the successful offeror or bidder will elect to receive under paragraph (16)(A);”
“(4) Best in class small business participation reporting.—
“(A) Addendum.—In addition to the requirements under paragraph (2) and for each best in class designation, the Administrator shall include in the report required by such paragraph—
“(i) the total amount of spending Governmentwide in such designation; and
“(ii) the number of small business concerns awarded contracts and the dollar amount of such contracts awarded within each such designation to each of the following—
“(I) qualified HUBZone small business concerns;
“(II) small business concerns owned and controlled by women;
“(III) small business concerns owned and controlled by service-disabled veterans; and
“(IV) small business concerns owned and controlled by socially and economically disadvantaged individuals.
“(B) Best in class defined.—The term ‘best in class’ has the meaning given such term by the Director of the Office of Management and Budget.
“(C) Effective date.—The Administrator shall report on the information described by subparagraph (A) beginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems.”
“(n) Establishment of Performance Goals and Periodic Reviews.—The Office of Small Business Programs of the Department of Defense shall—
“(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and
“(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements.”
“(10) for a prime contractor (as defined in section 8701(5) of title 41) that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if a specific payment date is not established by contract; and
“(11) for a prime contractor (as defined in section 8701(5) of title 41) that subcontracts with a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)), to the fullest extent permitted by law, require that the head of an agency establish an accelerated payment date with a goal of 15 days after a proper invoice for the amount due is received if—
“(A) a specific payment date is not established by contract; and
“(B) such prime contractor agrees to make payments to such subcontractor in accordance with such accelerated payment date, to the maximum extent practicable, without any further consideration from or fees charged to such subcontractor.”
“(3) Covered territory business defined.—In this subsection, the term ‘covered territory business’ means a small business concern that has its principal office located in one of the following:
“(A) The United States Virgin Islands.
“(B) American Samoa.
“(C) Guam.
“(D) The Northern Mariana Islands.”
“(III) the date that—
“(aa) in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the death of the veteran; or
“(bb) in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is 3 years after the date of the death of the veteran.”
“(i) the term ‘active service’ has the meaning given that term in section 101(d)(3) of title 10, United States Code;”
; and
“(A) Active service.—The term ‘active service’ has the meaning given that term in section 101(d)(3) of title 10, United States Code.”
“(1) In general.—The Administration”
“(2) Definition of period of military conflict.—In this subsection, the term ‘period of military conflict’ means—
“(A) a period of war declared by the Congress;
“(B) a period of national emergency declared by the Congress or by the President; or
“(C) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code.”
“(7) A preference under the program for funding small business concerns.”
; and
“(2) During any fiscal year, the total amount of awards in an amount greater than $3,000,000 made under the program established under subsection (a) may not exceed 25 percent of the amount made available to carry out such program during such fiscal year.”
“(14) the term ‘senior procurement executive’ means an official designated under section 1702(c) of title 41, United States Code, as the senior procurement executive of a Federal agency participating in a SBIR or STTR program.”
“(10) to consult, where appropriate, with personnel from the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program with commercializing research developed under such a program before such small business concern is awarded a contract from such Federal agency.”
“(4) Modifications relating to procurement center representatives.—Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 15(l)) to consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the SBIR program, particularly in Phase III.”
“(G) procedures to ensure that procurement center representatives (as described in section 15(l))—
“(i) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the STTR program, particularly in Phase III;
“(ii) provide technical assistance to such concerns to submit a bid for an award of a Federal contract; and
“(iii) consult with the appropriate personnel from the relevant Federal agency in providing the assistance described in clause (i).”
“(J) consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in a SBIR or STTR program under section 9 with Phase III;”
“(21) shall consult with the appropriate personnel from the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program under section 9 with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement, as defined under section 9, with the concern) to market the research developed by such concern under such SBIR or STTR program.”
“(f) Commercial Leasing Services.—The regulations required by subsection (b) shall not apply to individual purchases for commercial leasing services that are made on a no cost basis and made under a multiple award contract awarded in accordance with the requirements for full and open competition.”
“(d) Sunset.—No action is required under this section with respect to any fiscal year after fiscal year 2019.”
“(4) the Under Secretary of Defense for Research and Engineering;”
; and
“(10) the Deputy Under Secretary of Defense for Research and Engineering;
“(11) the Deputy Under Secretary of Defense for Acquisition and Sustainment;”
“(D) the Under Secretary of Defense for Research and Engineering.”
; and
“(C) the Under Secretary of Defense for Research and Engineering.”
; and
“(2) The Under Secretary of Defense for Research and Engineering.
“(3) The Under Secretary of Defense for Acquisition and Sustainment.”
; and
“(A) The Office of the Under Secretary of Defense for Research and Engineering.
“(B) The Office of the Under Secretary of Defense for Acquisition and Sustainment.”
; and
“(a) In General.—With respect to a major defense acquisition program, the Secretary of Defense shall conduct or approve independent technical risk assessments—
“(1) before any decision to grant Milestone A approval for the program pursuant to section 2366a of this title, that identifies critical technologies and manufacturing processes that need to be matured; and
“(2) before any decision to grant Milestone B approval for the program pursuant to section 2366b of this title, any decision to enter into low-rate initial production or full-rate production, or at any other time considered appropriate by the Secretary, that includes the identification of any critical technologies or manufacturing processes that have not been successfully demonstrated in a relevant environment.
“(b) Guidance.—The Secretary shall issue guidance and a framework for the conduct, execution, and approval of independent technical risk assessments.”
“(6)
(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.
“(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Army.”
“(5)
(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.
“(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Navy.”
“(5)
(A) One of the Assistant Secretaries shall be the Assistant Secretary for Energy, Installations, and Environment.
“(B) The principal duty of the Assistant Secretary for Energy, Installations, and Environment shall be the overall supervision of energy, installation, and environment matters for the Department of the Air Force.”
Ҥ 988. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense
“(a) Prohibition.—Except as provided in subsection (b), a covered official of the Department of Defense may not own or purchase publicly traded stock of a company if that company is one of the 10 entities awarded the most amount of contract funds by the Department of Defense in a fiscal year during the five preceding fiscal years.
“(b) Exceptions.—This section shall not apply to the purchase or ownership of a publicly traded stock of a company otherwise described in subsection (a) as follows:
“(1) If the aggregate market value of the holdings of the covered official, and the spouse and minor children of the covered official, in the stock of that company, both before and after purchase (in the case of a purchase), does not exceed the de minimis threshold established in section 2640.202(a)(2) of title 5, Code of Federal Regulations.
“(2) If the stock is purchased and owned as part of an Excepted Investment Fund or mutual fund.
“(c) Definitions.—In this section:
“(1) The term ‘covered official of the Department of Defense’ means any of the following:
“(A) A civilian appointed to a position in the Department of Defense by the President, by and with the advice and consent of the Senate.
“(B) If serving in a key acquisition position (as designated by the Secretary of Defense or the Secretary concerned for purposes of this section), the following:
“(i) A member of the armed forces in a grade above O–6.
“(ii) A civilian officer or employee in a Senior Executive Service, Senior-Level, or Scientific or Professional position.
“(2) The term ‘Excepted Investment Fund’ means a widely-held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.).”
“988. Prohibition on ownership or trading of stocks in certain companies by certain officials of the Department of Defense.”.
“CHAPTER 908— THE SPACE FORCE
“Sec.
“9081. The United States Space Force.
“9082. Chief of Space Operations.
“9083. Officer career field for space.”;
Ҥ 9081. The United States Space Force
“(a) Establishment.—There is established a United States Space Force as an armed force within the Department of the Air Force.
“(b) Composition.—The Space Force shall be composed of the following:
“(1) The Chief of Space Operations.
“(2) The space forces and such assets as may be organic therein.
“(c) Functions.—The Space Force shall be organized, trained, and equipped to provide—
“(1) freedom of operation for the United States in, from, and to space; and
“(2) prompt and sustained space operations.
“(d) Duties.—It shall be the duty of the Space Force to—
“(1) protect the interests of the United States in space;
“(2) deter aggression in, from, and to space; and
“(3) conduct space operations.”
“908. The Space Force 9081.”.
“9063. Designation: officers to perform certain professional functions.
“9064. Air Force nurses: Chief; appointment.
“9065. Commands: territorial organization.
“9066. Regular Air Force: composition.
“9067. Assistant Surgeon General for Dental Services.”.
Ҥ 9082. Chief of Space Operations
“(a) Appointment.—
(1) There is a Chief of Space Operations, appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Air Force. The Chief serves at the pleasure of the President.
“(2) The Chief shall be appointed for a term of four years. In time of war or during a national emergency declared by Congress, the Chief may be reappointed for a term of not more than four years.
“(b) Grade.—The Chief, while so serving, has the grade of general without vacating the permanent grade of the officer.
“(c) Relationship to the Secretary of the Air Force.—Except as otherwise prescribed by law and subject to section 9013(f) of this title, the Chief performs the duties of such position under the authority, direction, and control of the Secretary of the Air Force and is directly responsible to the Secretary.
“(d) Duties.—Subject to the authority, direction, and control of the Secretary of the Air Force, the Chief shall—
“(1) preside over the Office of the Chief of Space Operations;
“(2) transmit the plans and recommendations of the Office of the Chief of Space Operations to the Secretary and advise the Secretary with regard to such plans and recommendations;
“(3) after approval of the plans or recommendations of the Office of the Chief of Space Operations by the Secretary, act as the agent of the Secretary in carrying them into effect;
“(4) exercise supervision, consistent with the authority assigned to commanders of unified or specified combatant commands under chapter 6 of this title, over such of the members and organizations of the Space Force as the Secretary determines; and
“(5) perform such other military duties, not otherwise assigned by law, as are assigned to the Chief by the President, the Secretary of Defense, or the Secretary of the Air Force.
“(e) Joint Chiefs of Staff.—
(1) Commencing one year after the date of the enactment of the United States Space Force Act, the Chief of Space Operations shall be a member of the Joint Chiefs of Staff.
“(2) To the extent that such action does not impair the independence of the Chief in the performance of the duties of the Chief as a member of the Joint Chiefs of Staff pursuant to paragraph (1), the Chief shall inform the Secretary of the Air Force regarding military advice rendered by members of the Joint Chiefs of Staff on matters affecting the Department of the Air Force.
“(3) Subject to the authority, direction, and control of the Secretary of Defense, the Chief shall keep the Secretary of the Air Force fully informed of significant military operations affecting the duties and responsibilities of the Secretary.”
“(8) The Chief of Space Operations.”
Ҥ 9021. Space Force Acquisition Council
“(a) Establishment.—There is in the Office of the Secretary of the Air Force a council to be known as the ‘Space Force Acquisition Council’ (in this section referred to as the ‘Council’).
“(b) Members.—The members of the Council are as follows:
“(1) The Under Secretary of the Air Force.
“(2) The Assistant Secretary of the Air Force for Space Acquisition and Integration, who shall act as chair of the Council.
“(3) The Assistant Secretary of Defense for Space Policy.
“(4) The Director of the National Reconnaissance Office.
“(5) The Chief of Space Operations.
“(6) The Commander of the United States Space Command.
“(c) Duties.—The Council shall oversee, direct, and manage acquisition and integration of the Air Force for space systems and programs in order to ensure integration across the national security space enterprise.
“(d) Meetings.—The Council shall meet not less frequently than monthly.
“(e) Reports.—Not later than 30 days after the end of each calendar year quarter through the first calendar year quarter of 2025, the Council shall submit to the congressional defense committees a report on the activities of the Council during the calendar year quarter preceding the calendar year quarter in which such report is submitted.”
“9021. Space Force Acquisition Council.
“9021a. Air Force Reserve Forces Policy Committee.”.
“(5) One of the Assistant Secretaries is the Assistant Secretary of Defense for Space Policy. The principal duty of the Assistant Secretary shall be the overall supervision of policy of the Department of Defense for space warfighting.”
“(6)
(A) One of the Assistant Secretaries is the Assistant Secretary of the Air Force for Space Acquisition and Integration.
“(B) Subject to the authority, direction, and control of the Secretary of the Air Force, the Assistant Secretary shall do as follows:
“(i) Be responsible for all architecture and integration of the Air Force for space systems and programs, including in support of the Chief of Space Operations under section 9082 of this title.
“(ii) Act as the chair of the Space Force Acquisition Council under section 9021 of this title.
“(iii) Advise the service acquisition executive of the Air Force with responsibility for space systems and programs (including for all major defense acquisition programs under chapter 144 of this title for space) on the acquisition of such systems and programs by the Air Force.
“(iv) Oversee and direct each of the following:
“(I) The Space Rapid Capabilities Office under section 2273a of this title.
“(II) The Space and Missile Systems Center.
“(III) The Space Development Agency.
“(v) Advise and synchronize acquisition projects for all space systems and programs of the Air Force, including projects for space systems and programs responsibility for which is transferred to the Assistant Secretary pursuant to section 956(b)(3) of the United States Space Force Act.
“(vi) Effective as of October 1, 2022, in accordance with section 957 of that Act, serve as the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs.”
Ҥ 240g. Defense Business Audit Remediation Plan
“(a) In General.—The Secretary of Defense shall maintain a plan, to be known as the ‘Defense Business Systems Audit Remediation Plan’. Such plan shall include a current accounting of the defense business systems of the Department of Defense that will be introduced, replaced, updated, modified, or retired in connection with the audit of the full financial statements of the Department, including a comprehensive roadmap that displays—
“(1) in-service, retirement, and other pertinent dates for affected defense business systems;
“(2) current cost-to-complete estimates for each affected defense business system; and
“(3) dependencies both between the various defense business systems and between the introduction, replacement, update, modification, and retirement of such systems.
“(b) Report and Briefing Requirements.—
“(1) Annual report.—Not later than June 30, 2020, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees an updated report on the Defense Business Systems Audit Remediation Plan under subsection (a).
“(2) Semiannual briefings.—Not later than January 31 and June 30 each year, the Secretary shall provide to the congressional defense committees a briefing on the status of the Defense Business Systems Audit Remediation Plan. Such briefing shall include a description of any updates to the defense business systems roadmap referred to in subsection (a).
“(c) Defense Business System.—In this section, the term ‘defense business system’ has the meaning given such term in section 2222(i)(1)(A) of this title.”
“240g. Defense Business Audit Remediation Plan.”.
“(ix) If less than 50 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2)(B), are being performed by individual professionals meeting the qualifications described in suhsection (c), a detailed description of the risks associated with the risks of the acquisition strategy of the Department with respect to conducting audit remediation activities and an explanation of how the strategy complies with the policies expressed by Congress.
“(x) If less than 25 percent of the audit remediation services under contract, as described in the briefing required under paragraph (2)(B), are being performed by individual professionals meeting the qualifications described in subsection (c), a written certification that the staffing ratio complies with commercial best practices and presents no increased risk of delay in the Department’s ability to achieve a clean audit opinion.”
; and
“(B) Not later than January 31 and June 30 each year, the Under Secretary of Defense (Comptroller) and the comptrollers of the military departments shall provide a briefing to the congressional defense committees on the status of the corrective action plan. Such briefing shall include both the absolute number and percentage of personnel performing the amount of audit remediation services being performed by professionals meeting the qualifications described in subsection (c).”
“(c) Selection of Audit Remediation Services.—The selection of audit remediation service providers shall be based, among other appropriate criteria, on qualifications, relevant experience, and capacity to develop and implement corrective action plans to address internal control and compliance deficiencies identified during a financial statement or program audit.”
Ҥ 240h. Annual report on auditable financial statements
“(a) In General.—Not later than January 30 of each year, the Secretary of Defense shall submit to the congressional defense committees a report that includes a ranking of all of the military departments and Defense Agencies in order of how advanced each such department and Agency is in achieving auditable financial statements, as required by law. In preparing the report, the Secretary shall seek to exclude information that is otherwise available in other reports to Congress.
“(b) Bottom Quartile.—Not later than June 30 of each year, the head of each of the military departments and Defense Agencies that were ranked in the bottom quartile of the report submitted under subsection (a) for that year shall submit to the congressional defense committees a report that includes the following information for that military department or Defense Agency:
“(1) A description of the material weaknesses of the military department or Defense Agency.
“(2) The underlying causes of such weaknesses.
“(3) A plan for remediating such weaknesses.
“(4) The total number of open audit notices of findings and recommendations (hereinafter referred to as ‘NFRs’) for the most recently concluded fiscal year and the preceding two fiscal years, where applicable.
“(5) The number of repeat or reissued NFRs from the most recently concluded fiscal year.
“(6) The number of NFRs that were previously forecasted to be closed during the most recently concluded fiscal year that remain open.
“(7) The number of closed NFRs during the current fiscal year and prior fiscal years.
“(8) The number of material weaknesses that were validated by external auditors as fully resolved or downgraded in the current fiscal year over prior fiscal years.
“(9) A breakdown by fiscal years in which open NFRs are forecasted to be closed.
“(10) Explanations for unfavorable trends in the information under paragraphs (1) through (9).”
“240h. Annual report on auditable financial statements.”.
“(d) Definitions.—In this section:
“(1) The term ‘unfunded priority’, in the case of a fiscal year, means a program, activity, or mission requirement, including a covered military construction project, that—
“(A) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
“(B) is necessary to fulfill a requirement associated with an operational or contingency plan of a combatant command or other validated requirement; and
“(C) would have been recommended for funding through the budget referred to in subparagraph (1) by the officer submitting the report required by subsection (a) in connection with the budget if—
“(i) additional resources been available for the budget to fund the program, activity, or mission requirement; or
“(ii) the program, activity, or mission requirement has emerged since the budget was formulated.
“(2) The term ‘covered military construction project’, in connection with a fiscal year, means a military construction project that—
“(A) is included in any fiscal year of the future-years defense program under section 221 of this title that is submitted in connection with the budget of the President for the fiscal year, and is executable in the fiscal year; or
“(B) is considered by the commander of a combatant command referred to in subsection (b)(5) to be an urgent need, and is executable in the fiscal year.”
“(2) Prioritization of priorities.—Each report shall present the unfunded priorities covered by such report as follows:
“(A) In overall order of urgency of priority.
“(B) In overall order of urgency of priority among unfunded priorities (other than covered military construction projects).
“(C) In overall order of urgency of priority among covered military construction projects.”
“(b) Prohibition on Delegation of Submittal Responsibility.—The responsibility of the chief of staff of an armed force in subsection (a) to submit a report may not be delegated outside the armed force concerned.”
; and
Ҥ 226. Special operations forces: display of service-common and other support and enabling capabilities
“(a) In General.—The Secretary shall include, in the budget materials submitted to Congress under section 1105 of title 31 for fiscal year 2021 and any subsequent fiscal year, a consolidated budget justification display showing service-common and other support and enabling capabilities for special operations forces requested by a military service or Defense Agency. Such budget justification display shall include any amount for service-common or other capability development and acquisition, training, operations, pay, base operations sustainment, and other common services and support.
“(b) Service-common and Other Support and Enabling Capabilities.—In this section, the term ‘service-common and other support and enabling capabilities’ means capabilities provided in support of special operations that are not reflected in Major Force Program–11 or designated as special operations forces-peculiar.”
“226. Special operations forces: display of service-common and other support and enabling capabilities.”.
“(xi) A description of audit activities and results for classified programs, including a description of the use of procedures and requirements to prevent unauthorized exposure of classified information in such activities.”
; and
“(xii) An identification the manner in which the corrective action plan or plans of each department, agency, component, or element of the Department of Defense, and the corrective action plan of the Department as a whole, support the National Defense Strategy (NDS) of the United States.”
“§ 1705. Department of Defense Acquisition Workforce Development Account”
“1705. Department of Defense Acquisition Workforce Development Account.”.
“(d) Elements.—The Account shall consist of amounts appropriated to the Account by law.”
“(b) Treatment of Statement.—A statement setting forth the details of a disciplinary proceeding submitted pursuant to subsection (a), and the information contained in such a statement, shall be—
“(1) treated as confidential to the extent required by the court or agency in which the proceeding has occurred; and
“(2) treated in a manner consistent with any protections or privileges established by any other provision of Federal law.”
“(2) Each report submitted under paragraph (1) shall include, for each individual expenditure covered by such report in an amount in excess of $100,000, the following:
“(A) A detailed description of the purpose of such expenditure.
“(B) The amount of such expenditure.
“(C) An identification of the approving authority for such expenditure.
“(D) A justification why other authorities available to the Department could not be used for such expenditure.
“(E) Any other matters the Secretary considers appropriate.”
“(2) For purposes of paragraph (1), a covered organization is any foreign terrorist organization, or other organization that is a non-state armed group, that—
“(A) promotes illicit economies;
“(B) employs violence to protect its interests;
“(C) has a military type structure, tactics, and weapons that provide it the ability to carry out large-scale violence;
“(D) challenges the security response capacity of Colombia; and
“(E) has the capability to control territory.”
“(e) Notice on Assistance With Respect to Covered Organizations.—
(1) Not later than 30 days before providing assistance pursuant to the authority in subsection (a) with respect to a covered organization, the Secretary of Defense shall submit to the appropriate committees of Congress a written notification of the intent to use such authority with respect to such organization, including the name of such organization, the characteristics of such organization, and threat posed by such organization.
“(2) In this subsection, the term ‘appropriate committees of Congress’ means—
“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.”
“(2) For purposes of applying the definition of transnational organized crime under paragraph (1) to this section, the term ‘illegal means’, as it appears in such definition, includes the trafficking of money, human trafficking, illicit financial flows, illegal trade in natural resources and wildlife, trade in illegal drugs and weapons, and other forms of illegal means determined by the Secretary of Defense.”
“(2) Before entering into a contract for the transportation by sea of fuel products under this section, the Secretary shall provide a minimum variance of three days on the shipment date.”
; and
Ҥ 8669b. Senior Technical Authority for each naval vessel class
“(a) Senior Technical Authority.—
“(1) Designation for each vessel class required.—The Secretary of the Navy shall designate, in writing, a Senior Technical Authority for each class of naval vessels as follows:
“(A) In the case of a class of vessels which has received Milestone A approval, an approval to enter into technology maturation and risk reduction, or an approval to enter into a subsequent Department of Defense or Department of the Navy acquisition phase as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, not later than 30 days after such date of enactment.
“(B) In the case of any class of vessels which has not received any approval described in subparagraph (A) as of such date of enactment, at or before the first of such approvals.
“(2) Individuals eligible for designation.—Each individual designated as a Senior Technical Authority under paragraph (1) shall be an employee of the Navy in the Senior Executive Service in an organization of the Navy that—
“(A) possesses the technical expertise required to carry out the responsibilities specified in subsection (b); and
“(B) operates independently of chains-of-command for acquisition program management.
“(3) Term.—Each Senior Technical Authority shall be designated for a fixed term, not shorter than the time anticipated to establish demonstrated successful performance of the class of vessels concerned in accordance with its approved capabilities document, as determined by the Secretary at the time of designation.
“(4) Voluntary departure.—If an individual designated as a Senior Technical Authority voluntarily departs the position before demonstrated successful performance of the class of vessels concerned, the Secretary shall designate, in writing, a replacement, and shall notify, in writing, the congressional defense committees not later than 90 days after such departure.
“(5) Removal.—An individual may be removed involuntarily from designation as a Senior Technical Authority only by the Secretary. Not later than 15 days after the involuntary removal of an individual from such designation, the Secretary shall notify, in writing, the congressional defense committees of the removal, including the reasons for the removal. Not later than 90 days after the involuntary removal, the Secretary shall designate, in writing, a replacement, and shall notify, in writing, the congressional defense committees of such designation.
“(6) Reassignment for mission needs.—Subject to paragraphs (4) and (5), the Secretary may reassign a Senior Technical Authority or remove an individual from designation as a Senior Technical Authority in furtherance of Department of the Navy mission needs.
“(b) Responsibilities and Authority.—Each Senior Technical Authority shall be responsible for, and have the authority to, establish, monitor, and approve technical standards, tools, and processes for the class of naval vessels for which designated under this section in conformance with applicable laws and Department of Defense and Department of the Navy policies, requirements, architectures, and standards.
“(c) Limitation on Obligation of Funds on Lead Vessel in Vessel Class.—
“(1) In general.—On or after January 1, 2021, funds authorized to be appropriated for Shipbuilding and Conversion, Navy or Other Procurement, Navy may not be obligated for the first time on the lead vessel in a class of naval vessels unless the Secretary of the Navy certifies as described in paragraph (2).
“(2) Certification elements.—The certification on a class of naval vessels described in this paragraph is a certification containing each of the following:
“(A) The name or names of the individual or individuals designated as the Senior Technical Authority for such class of vessels, and the qualifications and professional biography or biographies of the individual or individuals so designated.
“(B) A description by the Senior Technical Authority of the systems engineering, technology, and ship integration risks for such class of vessels.
“(C) The designation by the Senior Technical Authority of each critical hull, mechanical, electrical, propulsion, and combat system of such class of vessels, including systems relating to power generation, power distribution, and key operational mission areas.
“(D) The date on which the Senior Technical Authority approved the systems engineering, engineering development, and land-based engineering and testing plans for such class of vessels.
“(E) A description by the Senior Technical Authority of the key technical knowledge objectives and demonstrated system performance of each plan approved as described in subparagraph (D).
“(F) A determination by the Senior Technical Authority that such plans are sufficient to achieve thorough technical knowledge of critical systems of such class of vessels before the start of detail design and construction.
“(G) A determination by the Senior Technical Authority that actual execution of activities in support of such plans as of the date of the certification have been and continue to be effective and supportive of the acquisition schedule for such class of vessels.
“(H) A description by the Senior Technical Authority of other technology maturation and risk reduction efforts not included in such plans for such class of vessels taken as of the date of the certification.
“(I) A certification by the Senior Technical Authority that each critical system covered by subparagraph (C) has been demonstrated through testing of a prototype or identical component in its final form, fit, and function in a realistic environment.
“(J) A determination by the Secretary that the plans approved as described in subparagraph (D) are fully funded and will be fully funded in the future-years defense program for the fiscal year beginning in the year in which the certification is submitted.
“(K) A determination by the Secretary that the Senior Technical Authority will approve, in writing, the ship specification for such class of vessels before the request for proposals for detail design, construction, or both, as applicable, is released.
“(3) Deadline for submittal of certification.—The certification required by this subsection with respect to a class of naval vessels shall be submitted, in writing, to the congressional defense committees not fewer than 30 days before the Secretary obligates for the first time funds authorized to be appropriated for Shipbuilding and Conversion, Navy or Other Procurement, Navy for the lead vessel in such class of naval vessels.
“(d) Definitions.—In this section:
“(1) The term ‘class of naval vessels’—
“(A) means any group of similar undersea or surface craft procured with Shipbuilding and Conversion, Navy or Other Procurement, Navy funds, including manned, unmanned, and optionally-manned craft; and
“(B) includes—
“(i) a substantially new class of craft (including craft procured using ‘new start’ procurement); and
“(ii) a class of craft undergoing a significant incremental change in its existing class (such as a next ‘flight’ of destroyers or next ‘block’ of attack submarines).
“(2) The term ‘future-years defense program’ has the meaning given that term in section 221 of this title.
“(3) The term ‘Milestone A approval’ has the meaning given that term in section 2431a of this title.”
“8669b. Senior Technical Authority for each naval vessel class.”.
“(I) the effort required to provide housekeeping services throughout the ship;
“(II) the effort required to perform coating maintenance and repair to exterior and interior surfaces due to normal environmental conditions; and
“(III) the effort required to clean mechanical spaces, mission zones, and topside spaces.”
; and
“(B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the authorized ongoing operation who will receive support provided under this section.
“(C) A detailed description of the support provided or to be provided to the recipient.”
; and
“(E) A detailed description of the legal and operational authorities related to the authorized ongoing operation, including relevant execute orders issued by the Secretary of Defense and combatant commanders related to the authorized ongoing operation, including an identification of operational activities United States Special Operations Forces are authorized to conduct under such execute orders.
“(F) The duration for which the support is expected to be provided and an identification of the timeframe in which the provision of support will be reviewed by the combatant commander for a determination regarding the necessity of continuation of support.”
Ҥ 120. Department of Defense executive aircraft controlled by Secretaries of military departments
“(a) In General.—The Secretary of Defense shall ensure that the Chief of the Air Force Special Air Mission Office is given the responsibility for coordination of scheduling all Department of Defense executive aircraft controlled by the Secretaries of the military departments in order to support required use travelers.
“(b) Responsibilities.—
(1) Not later than 180 days after the date of the enactment of this section, the Secretary of each of the military departments shall execute a memorandum of understanding with the Air Force Special Air Mission Office regarding oversight and management of executive aircraft controlled by that military department.
“(2) The Secretary of Defense shall be responsible for prioritizing travel when requests exceed available executive airlift capability.
“(3) The Secretary of a military department shall maintain overall authority for scheduling the required use travelers of that military department on executive aircraft controlled by the Secretary. When an executive aircraft controlled by the Secretary of a military department is not supporting required use travelers of that military department, the Secretary of the military department shall make such executive aircraft available for scheduling of other required use travelers.
“(c) Limitations.—
(1) The Secretary of Defense may not establish a new command and control organization to support aircraft.
“(2) No executive aircraft controlled by the Secretary of a military department may be permanently stationed at any location without a required use traveler without the approval of the Secretary of Defense.
“(d) Definitions.—In this section:
“(1) The term ‘required use traveler’ has the meaning given such term in Department of Defense directive 4500.56, as in effect on the date of the enactment of this section.
“(2) The term ‘executive aircraft’ has the meaning given such term in Department of Defense directive 4500.43, as in effect on the date of the enactment of this section.”
“120. Department of Defense executive aircraft controlled by Secretaries of military departments.”.
“(4) the Secretary of the Army shall designate an Army explosive ordnance disposal-qualified general officer to serve as the co-chair of the Department of Defense explosive ordnance disposal defense program.”
“(d) Definitions.—In this section:
“(1) The term ‘explosive ordnance’ has the meaning given such term in section 283(d) of this title.
“(2) The term ‘explosive ordnance disposal’ means the detection, identification, on-site evaluation, rendering safe, exploitation, recovery, and final disposal of explosive ordnance.”
“(C) A description of the required duration of the support.
“(D) A description of the initial costs for the support.”
; and
“(5) Sustainment costs.—If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 15 days after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness.”
“(a)
(1) First-class letter mail having the character of personal correspondence shall be carried, at no cost to the sender, in the manner provided by this section, when mailed by an eligible individual described in paragraph (2) and addressed to a place within the delivery limits of a United States post office, if—
“(A) such letter mail is mailed by the eligible individual at an Armed Forces post office established in an overseas area designated by the President, where the Armed Forces of the United States are deployed for a contingency operation as determined by the Secretary of Defense; or
“(B) the eligible individual is hospitalized as a result of disease or injury incurred as a result of service in an overseas area designated by the President under subparagraph (A).
“(2) An eligible individual described in this paragraph is—
“(A) a member of the Armed Forces of the United States on active duty, as defined in section 101 of title 10; or
“(B) a civilian employee of the Department of Defense or a military department who is providing support to military operations.”
“(b) There shall be transported by surface or air, consistent with the service purchased by the mailer, between Armed Forces post offices or from an Armed Forces post office to a point of entry into the United States, the following categories of mail matter which are mailed at any such Armed Forces post office:
“(1) Letter mail communications having the character of personal correspondence.
“(2) Any parcel exceeding 1 pound in weight but less than 70 pounds in weight and less than 130 inches in length and girth combined.
“(3) Publications published not less frequently than once per week and featuring principally current news of interest to members of the Armed Forces of the United States and the general public.”
“3401. Mailing privileges of members of Armed Forces of the United States.”.
“(c)
(1) The Secretary of Defense may authorize the use of a post office established under subsection (a) in a location outside the United States by citizens of the United States—
“(A) who—
“(i) are employed by the North Atlantic Treaty Organization; and
“(ii) perform functions in support of the Armed Forces of the United States; and
“(B) if the Secretary makes a written determination that such use is—
“(i) in the best interests of the Department of Defense; and
“(ii) otherwise authorized by applicable host nation law or agreement.
“(2) No funds may be obligated or expended to establish, maintain, or expand a post office established under subsection (a) for the purpose of use described in paragraph (1) of this subsection.”
“(B) such functions may be performed by military personnel for a period that does not exceed one year if the Secretary of the military department concerned determines that—
“(i) the performance of such functions by military personnel is required to address critical staffing needs resulting from a reduction in personnel or budgetary resources by reason of an Act of Congress; and
“(ii) the military department concerned is in compliance with the policies, procedures, and analysis required by this section and section 129 of this title.”
“(c) Additional Allowances and Benefits for Certain Employees of the Defense Clandestine Service.—
(1) Beginning on the date on which the Secretary of Defense submits the report under paragraph (3)(A), in addition to the authority to provide compensation under subsection (a), the Secretary may provide a covered employee allowances and benefits under paragraph (1) of section 9904 of title 5 without regard to the limitations in that section—
“(A) that the employee be assigned to activities outside the United States; or
“(B) that the activities to which the employee is assigned be in support of Department of Defense activities abroad.
“(2) The Secretary may not provide allowances and benefits under paragraph (1) to more than 125 covered employees per year.
“(3)
(A) The Secretary shall submit to the appropriate congressional committees a report containing a strategy addressing the mission of the Defense Clandestine Service during the period covered by the most recent future-years defense program submitted under section 221 of this title, including—
“(i) how such mission will evolve during such period;
“(ii) how the authority provided by paragraph (1) will assist the Secretary in carrying out such mission; and
“(iii) an implementation plan for carrying out paragraph (1), including a projection of how much the amount of the allowances and benefits provided under such paragraph compare with the amount of the allowances and benefits provided before the date of the report.
“(B) Not later than December 31, 2020, and each year thereafter, the Secretary shall submit to the appropriate congressional committees a report, with respect to the fiscal year preceding the date on which the report is submitted—
“(i) identifying the number of covered employees for whom the Secretary provided allowances and benefits under paragraph (1); and
“(ii) evaluating the efficacy of such allowances and benefits in enabling the execution of the objectives of the Defense Intelligence Agency.
“(C) The reports under subparagraphs (A) and (B) may be submitted in classified form.
“(4) In this subsection:
“(A) The term ‘appropriate congressional committees’ means—
“(i) the congressional defense committees; and
“(ii) the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
“(B) The term ‘covered employee’ means an employee in a defense intelligence position who is assigned to the Defense Clandestine Service at a location in the United States that the Secretary determines has living costs equal to or higher than the District of Columbia.”
“(2) Any cyber workforce position.”
; and
“(5) Any scientific, technical, engineering, or mathematics positions, including technicians, within the defense acquisition workforce, or any category of acquisition positions within the Department designated by the Secretary as a shortage or critical need category.
“(6) Any scientific, technical, engineering, or mathematics position, except any such position within any defense Scientific and Technology Reinvention Laboratory, for which a qualified candidate is required to possess a bachelor’s degree or an advanced degree, or for which a veteran candidate is being considered.
“(7) Any category of medical or health professional positions within the Department designated by the Secretary as a shortage category or critical need occupation.
“(8) Any childcare services position for which there is a critical hiring need and a shortage of childcare providers.
“(9) Any financial management, accounting, auditing, actuarial, cost estimation, operational research, or business or business administration position for which a qualified candidate is required to possess a finance, accounting, management or actuarial science degree or a related degree, or a related degree of equivalent experience.
“(10) Any position, as determined by the Secretary, for the purpose of assisting and facilitating the efforts of the Department in business transformation and management innovation.”
; and
“(b) Sunset.—
“(1) In general.—Except as provided in paragraph (2), effective on September 30, 2025, the authority provided under subsection (a) shall expire.
“(2) Exception.—Paragraph (1) shall not apply to the authority provided under subsection (a) to make appointments to positions described under paragraph (5) of such subsection.
“(c) Suspension of Other Hiring Authorities.—During the period beginning on the effective date of the regulations issued to carry out the hiring authority with respect to positions described in paragraphs (5) through (10) of subsection (a) and ending on the date described in subsection (b)(1), the Secretary of Defense may not exercise or otherwise use any hiring authority provided under the following provisions of law:
“(1) Sections 1599c(a)(2) and 1705(h) of title 10.
“(2) Sections 1112 and 1113 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1033).
“(3) Sections 1110 and 1643(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2450 and 2602).
“(4) Sections 559 and 1101 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1406 and 1627).”
“(i) Any services by an officer or employee under this chapter relating to enrolling individuals in a health benefits plan under this chapter, or changing the enrollment of an individual already so enrolled, shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.”
“(d) Any services by an officer or employee under this chapter relating to benefits under this chapter shall be deemed, for purposes of section 1342 of title 31, services for emergencies involving the safety of human life or the protection of property.”
“(d) Coverage under a dental benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”
“(d) Coverage under a vision benefits plan under this chapter for any employee or a covered TRICARE-eligible individual enrolled in such a plan and who, as a result of a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”
; and
“(e) Effect of Government Shutdown.—Coverage under a master contract under this chapter for long-term care insurance for an employee or member of the uniformed services enrolled under such contract and who, due to a lapse in appropriations, is furloughed or excepted from furlough and working without pay shall continue during such lapse and may not be cancelled as a result of nonpayment of premiums or other periodic charges due to such lapse.”
“(b) For purposes of this section, the term ‘travel, transportation, or relocation expenses’ means all travel, transportation, or relocation expenses reimbursed or furnished in kind pursuant to this subchapter of chapter 41.”
“5724b. Taxes on reimbursements for travel, transportation, and relocation expenses”.
“(1) In general.—Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below.”
“CHAPTER 92— PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER
“9201. Definitions.
“9202. Limitations on requests for criminal history record information.
“9203. Agency policies; complaint procedures.
“9204. Adverse action.
“9205. Procedures.
“9206. Rules of construction.
Ҥ 9201. Definitions
“In this chapter—
“(1) the term ‘agency’ means ‘Executive agency’ as such term is defined in section 105 and includes—
“(A) the United States Postal Service and the Postal Regulatory Commission; and
“(B) the Executive Office of the President;
“(2) the term ‘appointing authority’ means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
“(3) the term ‘conditional offer’ means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;
“(4) the term ‘criminal history record information’—
“(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a);
“(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and
“(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and
“(5) the term ‘suspension’ has the meaning given the term in section 7501.
Ҥ 9202. Limitations on requests for criminal history record information
“(a) Inquiries Prior to Conditional Offer.—Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.
“(b) Otherwise Required by Law.—The prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
“(c) Exception for Certain Positions.—
“(1) In general.—The prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position—
“(A) that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A);
“(B) as a Federal law enforcement officer (as defined in section 115(c) of title 18); or
“(C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2).
“(2) Regulations.—
“(A) Issuance.—The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.
“(B) Compliance with civil rights laws.—The regulations issued under subparagraph (A) shall—
“(i) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and
“(ii) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.
Ҥ 9203. Agency policies; complaint procedures
“The Director of the Office of Personnel Management shall—
“(1) develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and
“(2) establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202.
Ҥ 9204. Adverse action
“(a) First Violation.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall—
“(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and
“(2) file such warning in the employee’s official personnel record file.
“(b) Subsequent Violations.—If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action:
“(1) For a second violation, suspension of the employee for a period of not more than 7 days.
“(2) For a third violation, suspension of the employee for a period of more than 7 days.
“(3) For a fourth violation—
“(A) suspension of the employee for a period of more than 7 days; and
“(B) a civil penalty against the employee in an amount that is not more than $250.
“(4) For a fifth violation—
“(A) suspension of the employee for a period of more than 7 days; and
“(B) a civil penalty against the employee in an amount that is not more than $500.
“(5) For any subsequent violation—
“(A) suspension of the employee for a period of more than 7 days; and
“(B) a civil penalty against the employee in an amount that is not more than $1,000.
Ҥ 9205. Procedures
“(a) Appeals.—The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action.
“(b) Applicability of Other Laws.—An adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to—
“(1) the procedures under chapter 75; or
“(2) except as provided in subsection (a) of this section, appeal or judicial review.
Ҥ 9206. Rules of construction
“Nothing in this chapter may be construed to—
“(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or
“(2) create a private right of action for any person.”
“92. Prohibition on criminal history inquiries prior to conditional offer 9201”.
“SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES.
“(a) Definitions.—In this section, the terms ‘agency’, ‘criminal history record information’, and ‘suspension’ have the meanings given the terms in section 9201 of title 5, United States Code, except as otherwise modified by this section.
“(b) Restrictions on Criminal History Inquiries.—
“(1) In general.—
“(A) In general.—Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5, United States Code, if made by an employee of an agency.
“(B) Conditional offer.—For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry.
“(2) Rules of construction.—The provisions of section 9206 of title 5, United States Code, shall apply to employing offices, consistent with regulations issued under subsection (d).
“(c) Remedy.—
“(1) In general.—The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5, United States Code, if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 202.
“(2) Process for obtaining relief.—An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of title IV (other than section 407 or 408, or a provision of this title that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d).
“(d) Regulations To Implement Section.—
“(1) In general.—Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Board shall, pursuant to section 304, issue regulations to implement this section.
“(2) Parallel with agency regulations.—The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 to implement the statutory provisions referred to in subsections (a) through (c) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.
“(e) Effective Date.—Section 102(a)(12) and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5, United States Code, applies with respect to agencies.”
“Sec. 207. Rights and protections relating to criminal history inquiries.”.
“(i) Restrictions on Criminal History Inquiries.—
“(1) Definitions.—In this subsection—
“(A) the terms ‘agency’ and ‘criminal history record information’ have the meanings given those terms in section 9201 of title 5;
“(B) the term ‘covered employee’ means an employee of the judicial branch of the United States Government, other than—
“(i) any judge or justice who is entitled to hold office during good behavior;
“(ii) a United States magistrate judge; or
“(iii) a bankruptcy judge; and
“(C) the term ‘employing office’ means any office or entity of the judicial branch of the United States Government that employs covered employees.
“(2) Restriction.—A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency.
“(3) Employing office policies; complaint procedure.—The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection.
“(4) Adverse action.—
“(A) Adverse action.—The Director may take such adverse action with respect to a covered employee who violates paragraph (2) as would be appropriate under section 9204 of title 5 if the violation had been committed by an employee of an agency.
“(B) Appeals.—The Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph (A) by not later than 30 days after the date of the action.
“(C) Applicability of other laws.—Except as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review.
“(5) Regulations to be issued.—
“(A) In general.—Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Director shall issue regulations to implement this subsection.
“(B) Parallel with agency regulations.—The regulations issued under subparagraph (A) shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection.
“(6) Effective date.—Paragraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.”
Ҥ 4714. Prohibition on criminal history inquiries by contractors prior to conditional offer
“(a) Limitation on Criminal History Inquiries.—
“(1) In general.—Except as provided in paragraphs (2) and (3), an executive agency—
“(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and
“(B) shall require, as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant.
“(2) Otherwise required by law.—The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
“(3) Exception for certain positions.—
“(A) In general.—The prohibition under paragraph (1) does not apply with respect to—
“(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or
“(ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B).
“(B) Regulations.—
“(i) Issuance.—Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.
“(ii) Compliance with civil rights laws.—The regulations issued under clause (i) shall—
“(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and
“(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.
“(b) Complaint Procedures.—The Administrator of General Services shall establish and publish procedures under which an applicant for a position with a Federal contractor may submit to the Administrator a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).
“(c) Action for Violations of Prohibition on Criminal History Inquiries.—
“(1) First violation.—If the head of an executive agency determines that a contractor has violated subsection (a)(1)(B), such head shall—
“(A) notify the contractor;
“(B) provide 30 days after such notification for the contractor to appeal the determination; and
“(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.
“(2) Subsequent violation.—If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—
“(A) providing written guidance to the contractor that the contractor’s eligibility for contracts requires compliance with this section;
“(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and
“(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section.
“(d) Definitions.—In this section:
“(1) Conditional offer.—The term ‘conditional offer’ means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.
“(2) Criminal history record information.—The term ‘criminal history record information’ has the meaning given that term in section 9201 of title 5.”
“4714. Prohibition on criminal history inquiries by contractors prior to conditional offer.”.
Ҥ 2339. Prohibition on criminal history inquiries by contractors prior to conditional offer
“(a) Limitation on Criminal History Inquiries.—
“(1) In general.—Except as provided in paragraphs (2) and (3), the head of an agency—
“(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and
“(B) shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant.
“(2) Otherwise required by law.—The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
“(3) Exception for certain positions.—
“(A) In general.—The prohibition under paragraph (1) does not apply with respect to—
“(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or
“(ii) a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B).
“(B) Regulations.—
“(i) Issuance.—Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Secretary of Defense, in consultation with the Administrator of General Services, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions.
“(ii) Compliance with civil rights laws.—The regulations issued under clause (i) shall—
“(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and
“(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.
“(b) Complaint Procedures.—The Secretary of Defense shall establish and publish procedures under which an applicant for a position with a Department of Defense contractor may submit a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).
“(c) Action for Violations of Prohibition on Criminal History Inquiries.—
“(1) First violation.—If the Secretary of Defense determines that a contractor has violated subsection (a)(1)(B), the Secretary shall—
“(A) notify the contractor;
“(B) provide 30 days after such notification for the contractor to appeal the determination; and
“(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.
“(2) Subsequent violations.—If the Secretary of Defense determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), the Secretary shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—
“(A) providing written guidance to the contractor that the contractor’s eligibility for contracts requires compliance with this section;
“(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and
“(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section.
“(d) Definitions.—In this section:
“(1) Conditional offer.—The term ‘conditional offer’ means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry.
“(2) Criminal history record information.—The term ‘criminal history record information’ has the meaning given that term in section 9201 of title 5.”
“2339. Prohibition on criminal history inquiries by contractors prior to conditional offer.”.
“(9) In the case of a program described in subsection (a), each of the following:
“(A) A description of whether assistance under the program could be provided pursuant to other authorities under this title, the Foreign Assistance Act of 1961, or any other train and equip authorities of the Department of Defense.
“(B) An identification of each such authority described in subparagraph (A).”
“(d) Reports to Congress.—If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equipment loaned, and the duration of the loan of such equipment.”
; and
“(b)
(1) The Secretary of Defense may not designate a country for an agreement under this section unless—
“(A) the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and
“(B) in the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation not less than 30 days before the date on which such country is designated by the Secretary under subsection (a).
“(2) In the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary of Defense may not enter into an agreement under this section unless the Secretary submits to the appropriate committees of Congress a notice of intent to enter into such an agreement not less than 30 days before the date on which the Secretary enters into the agreement.”
“(f) Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall designate an existing senior civilian or military official who shall have primary responsibility for—
“(1) accounting for logistic support, supplies, and services received or provided under acquisition and cross-servicing agreements;
“(2) ensuring consistent standards and guidance to the armed forces and combatant commands in executing acquisition and cross-servicing agreements;
“(3) overseeing and monitoring the implementation of acquisition and cross-servicing agreements in coordination with the Under Secretary of Defense for Policy; and
“(4) such other responsibilities as may be prescribed by the Secretary.”
“(g)
(1) Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall prescribe regulations to ensure that—
“(A) contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests;
“(B) adequate processes and controls are in place to provide for the accurate accounting of logistic support, supplies, and services received or provided under the authority of this subchapter; and
“(C) personnel responsible for accounting for logistic support, supplies, and services received or provided under such authority are fully trained and aware of such responsibilities.
“(2)
(A) Not later than 270 days after the issuance of the regulations under paragraph (1), the Comptroller General of the United States shall conduct a review of the implementation by the Secretary of such regulations.
“(B) The review conducted under subparagraph (A) shall—
“(i) assess the effectiveness of such regulations and the implementation of such regulations to ensure the effective management and oversight of an agreement under subsection (a)(1); and
“(ii) include any other matter the Comptroller General considers relevant.”
“(A) pursuant to subsection (b)(1)(B) of the designation of such country under subsection (a); and
“(B) pursuant to subsection (b)(2) of the intent of the Secretary to enter into the agreement.”
“(3) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.”
“(4) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services received during the preceding fiscal year under each such agreement.”
“(5) With respect to any transaction for logistic support, supplies, and services that has not been reconciled more than one year after the date on which the transaction occurred, a description of the transaction that includes the following:
“(A) The date on which the transaction occurred.
“(B) The country or organization to which logistic support, supplies, and services were provided.
“(C) The value of the transaction.
“(6) An explanation of any waiver granted under section 2347(c) during the preceding fiscal year, including an identification of the relevant contingency operation or non-combat operation.”
“(2) Exception.—Amounts appropriated and transferred to the Fund before September 30, 2019, shall remain available for obligation and expenditure after that date, but only for activities under programs commenced under subsection (b) before September 30, 2019.”
; and
“(g) Report on Authority.—
“(1) In general.—Not later than March 1, 2020, and March 1, 2021, the Secretary of Defense shall submit to the appropriate congressional committees a report on the use of the authority provided in subsection (a). The report shall address, at a minimum, the following:
“(A) The number of determinations made by the Secretary pursuant to subsection (b).
“(B) A description of the products and services acquired using the authority.
“(C) The extent to which the use of the authority has met the objectives of subparagraph (A), (B), or (C) of subsection (b)(2).
“(D) A list of the countries providing products or services as a result of a determination made pursuant to subsection (b).
“(2) Appropriate congressional committees defined.—For purposes of this subsection, the term ‘appropriate congressional committees’ means—
“(A) the congressional defense committees; and
“(B) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.”
“(3) Form.—Each report required under paragraph (1) shall be submitted in unclassified form without any designation relating to dissemination control, but may include a classified annex.”
“(A) the strategy and objectives of any post-2014 United States mission, including the 2017 South Asia Strategy of the United States and any subsequent United States strategy, and any mission agreed by the North Atlantic Treaty Organization (NATO), that are pertinent to—
“(i) training, advising, and assisting the ANSF; or
“(ii) conducting counterrorism operations in Afghanistan; and”
; and
“(i) any such”
; and
“(ii) the United States counterterrorism mission; and
“(iii) efforts by the Department of Defense to support reconciliation efforts and develop conditions for the expansion of the reach of the Government of Afghanistan throughout Afghanistan.”
“(9) Monitoring and evaluation measures relating to asff.—A description of the monitoring and evaluation measures that the Department of Defense and the Government of Afghanistan are taking to ensure that funds of the Afghanistan Security Forces Fund provided to the Government of Afghanistan as direct government-to-government assistance are not subject to waste, fraud, or abuse.”
“(a) Authority.—From funds made available for the Department of Defense for the period beginning on October 1, 2019, and ending on December 31, 2020, for overseas contingency operations for operation and maintenance, Defense-wide activities, the Secretary of Defense may reimburse any key cooperating nation (other than Pakistan) for—
“(1) logistical and military support provided by that nation to or in connection with United States military operations in Afghanistan, Iraq, or Syria; and
“(2) logistical, military, and other support, including access, provided by that nation to or in connection with United States military operations described in paragraph (1).”
“(I) by, or on behalf of, the United States Government; or”
“(2) Scope of assistance authority.—Notwithstanding paragraph (1), the authority granted by subsection (a) may only be exercised in consultation with the Government of Iraq.”
“(1) Defending the Syrian people from attacks by the Islamic State of Iraq and Syria.
“(2) Securing territory formerly controlled by the Islamic State of Iraq and Syria.
“(3) Protecting the United States and its partners and allies from the threats posed by the Islamic State of Iraq and Syria, al Qaeda, and associated forces in Syria.
“(4) Providing appropriate support to vetted Syrian groups and individuals to conduct temporary and humane detention and repatriation of Islamic State of Iraq and Syria foreign terrorist fighters in accordance with all laws and obligations related to the conduct of such operations, including, as applicable—
“(A) the law of armed conflict;
“(B) internationally recognized human rights;
“(C) the principle of non-refoulement;
“(D) the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984); and
“(E) the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).”
“(b) Notice Before Provision of Assistance.—
“(1) In general.—In accordance with the requirements under paragraph (2), the Secretary of Defense shall notify the congressional defense committees in writing of the use of the relevant authority to provide assistance and include the following:
“(A) The requirements and process used to determine appropriately vetted recipients.
“(B) The mechanisms and procedures that will be used to monitor and report to the appropriate congressional committees and leadership of the House of Representatives and Senate on unauthorized end-use of provided training and equipment or other violations of relevant law by appropriately vetted recipients.
“(C) The amount, type, and purpose of assistance to be funded and the recipient of the assistance.
“(D) The goals and objectives of the assistance.
“(E) The number and role of United States Armed Forces personnel involved.
“(F) Any other relevant details.
“(2) Timing of required notice.—A notice described in paragraph (1) shall be required—
“(A) not later than 15 days before the expenditure of each 10-percent increment of the amount made available in fiscal year 2019 or fiscal year 2020 to carry out the authorization in this section; or
“(B) not later than 48 hours after such an expenditure, if the Secretary determines that extraordinary circumstances that affect the national security of the United States exist.”
“(c) Form.—The notifications required under subsection (b) shall be submitted in unclassified form but may include a classified annex.”
“(d) Quarterly Progress Reports.—
“(1) In general.—Beginning on January 15, 2020, and every 90 days thereafter, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate congressional committees and leadership of the House of Representatives and the Senate a progress report.
“(2) Matters to be included.—Each progress report under paragraph (1) shall include, based on the most recent quarterly information, the following:
“(A) A description of the appropriately vetted recipients receiving assistance under subsection (a), including a description of their geographical locations, demographic profiles, political affiliations, and current capabilities.
“(B) A description of training, equipment, supplies, stipends, and other support provided to appropriately vetted recipients under subsection (a) and a statement of the amount of funds expended for such purposes during the period covered by the report.
“(C) Any misuse or loss of provided training and equipment and how such misuse or loss is being mitigated.
“(D) An assessment of the recruitment, throughput, and retention rates of appropriately vetted recipients.
“(E) An assessment of the operational effectiveness of appropriately vetted recipients in meeting the purposes specified in subsection (a).
“(F) A description of the current and planned posture of United States forces and the planned level of engagement by such forces with appropriately vetted recipients, including the oversight of equipment provided under this section and the activities conducted by such appropriately vetted recipients.
“(G) A detailed explanation of the relationship between appropriately vetted recipients and civilian governance authorities, including a description of efforts to ensure appropriately vetted recipients are subject to the control of competent civilian authorities.
“(H) A description of United States Government stabilization objectives and activities carried out in areas formerly controlled by the Islamic State of Iraq and Syria, including significant projects and funding associated with such projects.
“(I) A description of coalition contributions to the purposes specified in subsection (a) and other related stabilization activities.
“(J) With respect to Islamic State of Iraq and Syria foreign terrorist fighters—
“(i) an estimate of the number of such individuals being detained by appropriately vetted Syrian groups and individuals;
“(ii) an estimate of the number of such individuals that have been repatriated and the countries to which such individuals have been repatriated; and
“(iii) a description of United States Government support provided to facilitate the repatriation of such individuals.
“(I) An assessment of the extent to which appropriately vetted Syrian groups and individuals have enabled progress toward establishing inclusive, representative, accountable, and civilian-led governance and security structures in territories liberated from the Islamic State of Iraq and Syria.”
“(f) Restriction on Scope of Assistance in the Form of Weapons.—
“(1) In general.—The Secretary may only provide assistance in the form of weapons pursuant to the authority under subsection (a) if such weapons are small arms or light weapons.
“(2) Waiver.—The Secretary may waive the restriction under paragraph (1) upon certification to the appropriate congressional committees that such provision of law would (but for the waiver) impede national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance.”
“(l) Limitation on Cost of Construction and Repair Projects.—
“(1) In general.—The cost of construction and repair projects carried out under this section may not exceed, in any fiscal year—
“(A) $4,000,000 per project; or
“(B) $20,000,000 in the aggregate.
“(2) Foreign contributions.—The limitation under paragraph (1) shall not apply to the expenditure of foreign contributions in excess of the per-project or aggregate limitation set forth in that paragraph.”
“(a) Authority.—The Secretary of Defense may support United States Government security cooperation activities in Iraq by providing funds for the operations and activities of the Office of Security Cooperation in Iraq.”
“(3) Sunset.—The authority provided in this subsection shall terminate on the date that is 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020.”
“(F) An evaluation of the effectiveness of United States efforts to promote respect for human rights, military professionalism, and respect for legitimate civilian authority in Iraq.”
“(h) Limitation on Availability of Funds.—Of the amount made available for fiscal year 2020 to carry out section 1215 of the National Defense Authorization Act for Fiscal Year 2012, not more than $20,000,000 may be obligated or expended for the Office of Security Cooperation in Iraq until the date on which the Secretary of Defense certifies to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate, that each of the following reforms relating to that Office has been completed:
“(1) The appointment of a Senior Defense Official/Defense Attache to oversee the Office.
“(2) The development of a staffing plan to reorganize the Office in a manner similar to that of other security cooperation offices in the region that emphasizes the placement of personnel with regional or security cooperation expertise in key leadership positions and closes duplicative or extraneous sections.
“(3) The initiation of bilateral engagement with the Government of Iraq with the objective of establishing a joint mechanism for security assistance planning, including a five-year security assistance roadmap for developing sustainable military capacity and capabilities and enabling defense institution building and reform.”
“(1) identified”
“(2) identified in and the subject of proceedings in the United States District Court for the Southern District of New York in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13 Civ. 9195 (LAP).”
“(B) In the case of an observation flight by the United States, including an observation flight over the territory of Russia—
“(i) an analysis of data collected that supports United States intelligence and military collection goals; and
“(ii) an assessment of data collected regarding military activity that could not be collected through other means.
“(C) In the case of an observation flight over the territory of the United States—
“(i) an analysis of whether and the extent to which any United States critical infrastructure was the subject of image capture activities of such observation flight;
“(ii) an estimate for the mitigation costs imposed on the Department of Defense or other United States Government agencies by such observation flight; and
“(iii) an assessment of how such information is used by the parties conducting the observation flight, for what purpose, and how the information fits into the overall collection posture.”
“(1) In general.—At the time”
; and
“(2) Sunset.—The briefing requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.”
“(3) Sunset.—The notification requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.”
“(3) Sunset.—The notification requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.”
“(3) Sunset.—The reporting requirement under paragraph (1) shall be in effect so long as the INF Treaty remains in force.”
“(a) Initial Plan.—Not later than December 31, 2019, the Secretary of Defense, in consultation with the Commander of the United States European Command, shall submit to the congressional defense committees a future years plan on activities and resources of the European Deterrence Initiative (EDI) for fiscal year 2020 and not fewer than the four succeeding fiscal years.”
“(1) A description of the objectives of the EDI, including a description of—
“(A) the intended force structure and posture of the assigned and allocated forces within the area of responsibility of the United States European Command for the last fiscal year of the plan; and
“(B) the manner in which such force structure and posture support the implementation of the National Defense Strategy.”
“(G) a detailed assessment of the resources necessary to achieve the requirements of the plan, including specific cost estimates for each project under the EDI to support increased presence, exercises and training, enhanced prepositioning, improved infrastructure, and building partnership capacity;
“(H) a detailed timeline to achieve the force posture and capabilities, including permanent force posture requirements; and
“(I) a detailed explanation of any significant modifications to activities and resources as compared to the future years plan on activities and resources of the EDI submitted for the previous year.”
“(c) Subsequent Plans.—
“(1) In general.—Not later than the date on which the Secretary of Defense submits to Congress the budget request for the Department of Defense for fiscal year 2021 and each fiscal year thereafter, the Secretary, in consultation with the Commander of the United States European Command, shall submit to the congressional defense committees a future years plan on activities and resources of the European Deterrence Initiative for such fiscal year and not fewer than the four succeeding fiscal years.
“(2) Matters to be included.—The plan required under paragraph (1) shall include—
“(A) the matters described in subsection (b); and
“(B) a detailed explanation of any significant modifications in requirements or resources, as compared to the plan submitted under such subsection (b).”
“(11) Air defense and coastal defense radars, and systems to support effective command and control and integration of air defense and coastal defense capabilities.”
“(14) Coastal defense and anti-ship missile systems.”
; and
“(5) For fiscal year 2020, $300,000,000.”
; and
“(5) Command, control, communications, computers, intelligence, surveillance, and reconnaissance (C4ISR) equipment.”
“(3) Matching amount.—The amount of assistance provided under subsection (a) for procurement described in subsection (b) may not exceed the aggregate amount contributed to such procurement by the Baltic nations.”
“(c) Limitation.—Of the amounts made available under subsection (a) for fiscal year 2020, not more than 90 percent of such amounts may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, submits to the congressional defense committees a report on the decision to realign responsibilities for overseeing and supporting NSHQ from U.S. Special Operations Command to U.S. European Command, including—
“(1) a justification and description of the impact of such realignment; and
“(2) a description of how such realignment will strengthen the role of the NSHQ in fostering special operations capabilities within NATO.”
“(d) Annual Report.—Not later than March 1 of each year until 2024, the Secretary of Defense shall submit to the congressional defense committees and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report regarding support for the NSHQ. Each report shall include the following:
“(1) The total amount of funding provided by the United States and other NATO nations to the NSHQ for operating costs of the NSHQ.
“(2) A description of the activities carried out with such funding, including—
“(A) the amount of funding allocated for each such activity;
“(B) the extent to which other NATO nations participate in each such activity;
“(C) the extent to which each such activity is carried out in coordination or cooperation with the Joint Special Operations University;
“(D) the extent to which each such activity is carried out in relation to other security cooperation activities, exercises, or operations of the Department of Defense;
“(E) the extent to which each such activity is designed to meet the purposes set forth in paragraphs (1) through (5) of subsection (b); and
“(F) an assessment of the extent to which each such activity will promote the mission of the NSHQ.
“(3) Other contributions, financial or in kind, provided by the United States and other NATO nations in support of the NSHQ.
“(4) Any other matters that the Secretary of Defense considers appropriate.”
Ҥ 2350n North Atlantic Treaty Organization Joint Force Command
“(a) Authorization.—The Secretary of Defense shall authorize the establishment of, and the participation by members of the armed forces in, the North Atlantic Treaty Organization Joint Force Command (in this section referred to as the ‘Joint Force Command’), to be established in the United States.
“(b) Use of Department of Defense Facilities and Equipment.—The Secretary may use facilities and equipment of the Department of Defense to support the Joint Force Command.
“(c) Availability of Funds.—Amounts authorized to be appropriated to the Department of Defense shall be available to carry out the purposes of this section.”
“2350n. North Atlantic Treaty Organization Joint Force Command.”.
“(3) The requirement under paragraph (1) shall not apply to any sale or other provision of any defense article or defense service to Cyprus if the end-user of such defense article or defense service is the Government of the Republic of Cyprus.”
“(F) Information, including the amount, type, and purpose, on assistance and training provided under subsection (a) during the three preceding fiscal years, if applicable.
“(G) A description of the elements of the theater campaign plan of the geographic combatant command concerned and the interagency integrated country strategy that will be advanced by the assistance and training provided under subsection (a).
“(H) A description of whether assistance and training provided under subsection (a) could be provided pursuant to—
“(i) section 333 of title 10, United States Code, or other security cooperation authorities of the Department of Defense; or
“(ii) security cooperation authorities of the Department of State.
“(I) An identification of each such authority described in subparagraph (H).”
“(h) Annual Monitoring Reports.—
“(1) In general.—Not later than March 1, 2020, and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth, for the preceding calendar year, the following:
“(A) An assessment, by recipient foreign country, of—
“(i) the country’s capabilities relating to maritime security and maritime domain awareness;
“(ii) the country’s capability enhancement priorities, including how such priorities relate to the theater campaign strategy, country plan, and theater campaign plan relating to maritime security and maritime domain awareness;
“(B) A discussion, by recipient foreign country, of—
“(i) priority capabilities that the Department of Defense plans to enhance under the authority under subsection (a) and priority capabilities the Department plans to enhance under separate United States security cooperation and security assistance authorities; and
“(ii) the anticipated timeline for assistance and training for each such capability.
“(C) Information, by recipient foreign country, on the status of funds allocated for assistance and training provided under subsection (a), including funds allocated but not yet obligated or expended.
“(D) Information, by recipient foreign country, on the delivery and use of assistance and training provided under subsection (a).
“(E) Information, by recipient foreign country, on the timeliness of the provision of assistance and training under subsection (a) as compared to the timeliness of the provision of assistance and training previously provided to the foreign country under subsection (a).
“(F) A description of the reasons the Department of Defense chose to utilize the authority for assistance and training under subsection (a) in the preceding calendar year.
“(G) An explanation of any impediments to timely obligation or expenditure of funds allocated for assistance and training under subsection (a) or any significant delay in the delivery of such assistance and training.
“(2) Appropriate committees of congress defined.—In this subsection, the term ‘appropriate committees of Congress’ has the meaning given the term in subsection (g)(2).”
“(i) Limitation.—The provision of assistance and training pursuant to a program under subsection (a) shall be subject to the provisions of section 383 of title 10, United States Code.”
“(8) The Federated States of Micronesia.
“(9) The Independent State of Samoa.
“(10) The Kingdom of Tonga.
“(11) Papua New Guinea.
“(12) The Republic of Fiji.
“(13) The Republic of Kiribati.
“(14) The Republic of the Marshall Islands.
“(15) The Republic of Nauru.
“(16) The Republic of Palau.
“(17) The Republic of Vanuatu.
“(18) The Solomon Islands.
“(19) Tuvalu.”
“(26) The relationship between Chinese overseas investment, including the Belt and Road Initiative, the Digital Silk Road, and any state-owned or controlled digital or physical infrastructure projects of China, and Chinese security and military strategy objectives, including—
“(A) an assessment of the Chinese investments or projects likely, or with significant potential, to be converted into military assets of China;
“(B) an assessment of the Chinese investments or projects of greatest concern with respect to United States national security interests;
“(C) a description of any Chinese investment or project located in another country that is linked to military cooperation with such country, such as cooperation on satellite navigation or arms production;
“(D) an assessment of any Chinese investment, project, or associated agreement in or with another country that presents significant financial risk for the country or may undermine the sovereignty of such country; and
“(E) an assessment of the implications for United States military or governmental interests related to denial of access, compromised intelligence activities, and network advantages of Chinese investments or projects in other countries.”
; and
“(29) Developments relating to the China Coast Guard, including an assessment of—
“(A) how the change in the Guard’s command structure to report to China’s Central Military Commission affects the Guard’s status as a law enforcement entity;
“(B) the implications of such command structure with respect to the use of the Guard as a coercive tool to conduct ‘gray zone’ activities in the East China Sea and the South China Sea; and
“(C) how the change in such command structure may affect interactions between the Guard and the United States Navy.
“(30) An assessment of the military-to-military relations between China and Russia, including an identification of mutual and competing interests.
“(31) An assessment of China’s expansion of its surveillance state, including—
“(A) any correlation of such expansion with its oppression of its citizens or its threat to United States national security interests around the world; and
“(B) an overview of the extent to which such surveillance corresponds to an overall respect, or lack thereof, for human rights in China, especially for religious and ethnic minorities.”
“(d) State-owned or Controlled Digital or Physical Infrastructure Project of China.—
“(1) In general.—For purposes of subsection (b)(26), the term ‘state-owned or controlled digital or physical infrastructure project of China’ means a transportation, energy, or information technology infrastructure project that is—
“(A) owned, controlled, under the direct or indirect influence of, or subsidized by—
“(i) the Government of the People’s Republic of China, including any agency within such Government and any subdivision or other unit of government at any level of jurisdiction within China;
“(ii) any agent or instrumentality of such Government, including such agencies or subdivisions; or
“(iii) the Chinese Communist Party; or
“(B) a project of any Chinese company operating in a sector identified as a strategic industry in the Chinese Government’s ‘Made in China 2025’ strategy to make China a ‘manufacturing power’ as a core national interest.
“(2) Owned; controlled.—For purposes paragraph (1)(A), with respect to a project—
“(A) the term ‘owned’ means a majority or controlling interest, whether by value or voting interest, in that project, including through fiduciaries, agents, or other means; and
“(B) the term ‘controlled’ means the power by any means to determine or influence, directly or indirectly, important matters affecting the project, regardless of the level of ownership and whether or not that power is exercised.”
“(A) a list of all foreign forces, irregular forces, groups, or individuals for which a determination has been made that force could legally be used under the Authorization for Use of Military Force (Public Law 107–40), including—
“(i) the legal and factual basis for such determination; and
“(ii) a description of whether force has been used against each such foreign force, irregular force, group, or individual; and
“(B) the criteria and any changes to the criteria for designating a foreign force, irregular force, group, or individual as lawfully targetable, as a high value target, and as formally or functionally a member of a group covered under the Authorization for Use of Military Force.”
; and
“(A) In general.—Except as provided in subparagraph (B), support”
; and
“(B) Exception.—Subject to paragraph (4), the Secretary may use amounts available to the Secretary in excess of the amount contributed by the Government of Israel to provide support under this subsection for costs associated with any unique national requirement identified by the United States with respect to anti-tunnel capabilities.”
“(2) Training developed and delivered in consultation with institutions of higher education and appropriate Government agencies, and other support to institutions of higher education, to promote security and limit undue influence on institutions of higher education and personnel, including Department of Defense financial support to carry out such activities, that—
“(A) emphasizes best practices for protection of sensitive national security information; and
“(B) includes the dissemination of unclassified materials and resources for identifying and protecting against emerging threats to institutions of higher education, including specific counterintelligence information and advice developed specifically for faculty and academic researchers based on actual identified threats.”
“(8) A list, developed and continuously updated in consultation with the Bureau of Industry and Security of the Department of Commerce, the Director of National Intelligence, United States institutions of higher education that conduct significant Department of Defense research or engineering activities, and other appropriate individuals and organizations, of academic institutions of the People’s Republic of China, the Russian Federation, and other countries, that—
“(A) have a history of improper technology transfer, intellectual property theft, or cyber or human espionage;
“(B) operate under the direction of the military forces or intelligence agency of the applicable country;
“(C) are known—
“(i) to recruit foreign individuals for the purpose of transferring knowledge to advance military or intelligence efforts; or
“(ii) to provide misleading information or otherwise attempt to conceal the connections of an individual or institution to a defense or an intelligence agency of the applicable country; or
“(D) pose a serious risk of improper technology transfer of data, technology, or research that is not published or publicly available.”
“(d) Procedures for Enhanced Information Sharing.—
“(1) In general.—Not later than October 1, 2020, for the purpose of maintaining appropriate security controls over research activities, technical information, and intellectual property, the Secretary, in conjunction with appropriate public and private entities, shall establish streamlined procedures to collect appropriate information relating to individuals, including United States citizens and foreign nationals, who participate in defense research and development activities (other than basic research).
“(2) Protection from release.—The procedures required by paragraph (1) shall include procedures to protect such information from release, consistent with applicable regulations.
“(3) Reporting to government information systems and repositories.—The procedures required by paragraph (1) may include procedures developed, in coordination with appropriate public and private entities, to report such information to existing Government information systems and repositories.”
“(F) Identification of any incident relating to undue influence to security threats to academic research activities funded by the Department of Defense, including theft of property or intellectual property relating to a project funded by the Department at an institution of higher education.”
“(8) cultivating, developing, retaining, and disseminating—
“(A) lessons learned for integrating civilian protection into operational planning and identifying the proximate cause or causes of civilian casualties; and
“(B) practices developed to prevent, mitigate, or respond to such casualties;”
“(c) Coordination.—The senior civilian official designated under subsection (a) shall develop and implement steps to increase coordination with the relevant Chiefs of Mission and other appropriate positions in the Department of State with respect to the policies required pursuant to subsection (a) and other matters or assistance related to civilian harm, resulting from military operations.”
; and
“(e) Briefing.—Not later than 180 days after the date of the enactment of this subsection, the senior civilian official designated under subsection (a) shall provide to the congressional defense committees a briefing on—
“(1) the updates made to the policy developed by the senior civilian official pursuant to this section; and
“(2) the efforts of the Department to implement such updates.”
“(c) The protection of privacy and civil liberties in accordance with Federal law and the regulations and directives of the Department of Defense shall be a top priority for the Under Secretary of Defense for Intelligence and Security.”
“§ 137. Under Secretary of Defense for Intelligence and Security”
“137. Under Secretary of Defense for Intelligence and Security.”.
“(a) ISR Integration Council.—
(1) The Under Secretary of Defense for Intelligence and Security shall establish an Intelligence, Surveillance, and Reconnaissance Integration Council—
“(A) to assist the Secretary of Defense in carrying out the responsibilities of the Secretary under section 105(a) of the National Security Act of 1947 (50 U.S.C. 3038(a));
“(B) to assist the Under Secretary with respect to matters relating to—
“(i) integration of intelligence and counterintelligence capabilities and activities under section 137(b) of this title of the military departments, intelligence agencies of the Department of Defense, and relevant combatant commands; and
“(ii) coordination of related developmental activities of such departments, agencies, and combatant commands; and
“(C) to otherwise provide a means to facilitate such integration and coordination.
“(2) The Council shall be composed of—
“(A) the Under Secretary, who shall chair the Council;
“(B) the directors of the intelligence agencies of the Department of Defense;
“(C) the senior intelligence officers of the armed forces and the regional and functional combatant commands;
“(D) the Director for Intelligence of the Joint Chiefs of Staff; and
“(E) the Director for Operations of the Joint Chiefs of Staff.
“(3) The Under Secretary shall invite the participation of the Director of National Intelligence (or a representative of the Director) in the proceedings of the Council.
“(4) The Under Secretary may designate additional participants to attend the proceedings of the Council, as the Under Secretary determines appropriate.”
“(b) Annual Briefings on the Intelligence and Counterintelligence Requirements of the Combatant Commands.—
(1) The Chairman of the Joint Chiefs of Staff shall provide to the congressional defense committees and the congressional intelligence committees a briefing on the following:
“(A) The intelligence and counterintelligence requirements, by specific intelligence capability type, of each of the relevant combatant commands.
“(B) For the year preceding the year in which the briefing is provided, the fulfillment rate for each of the relevant combatant commands of the validated intelligence and counterintelligence requirements, by specific intelligence capability type, of such combatant command.
“(C) A risk analysis identifying the critical gaps and shortfalls in efforts to address operational and strategic requirements of the Department of Defense that would result from the failure to fulfill the validated intelligence and counterintelligence requirements of the relevant combatant commands.
“(D) A mitigation plan to balance and offset the gaps and shortfalls identified under subparagraph (C), including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
“(E) For the year preceding the year in which the briefing is provided—
“(i) the number of intelligence and counterintelligence requests of each commander of a relevant combatant command determined by the Joint Chiefs of Staff to be a validated requirement, and the total of capacity of such requests provided to each such commander;
“(ii) with respect to such validated requirements—
“(I) the quantity of intelligence and counterintelligence capabilities or activities, by specific intelligence capability type, that the Joint Chiefs of Staff requested each military department to provide; and
“(II) the total of capacity of such requests so provided by each such military department; and
“(iii) a qualitative assessment of the alignment of intelligence and counterintelligence capabilities and activities with the program of analysis for each combat support agency and intelligence center of a military service that is part of—
“(I) the Defense Intelligence Enterprise; and
“(II) the intelligence community.
“(2) The Under Secretary of Defense for Intelligence and Security shall provide to the congressional defense committees and the congressional intelligence committees a briefing on short-, mid-, and long-term strategies to address the validated intelligence and counterintelligence requirements of the relevant combatant commands, including with respect to spaceborne, airborne, ground, maritime, and cyber intelligence, surveillance, and reconnaissance capabilities.
“(3) The briefings required by paragraphs (1) and (2) shall be provided at the same time that the President’s budget is submitted pursuant to section 1105(a) of title 31 for each of fiscal years 2021 through 2025.
“(4) In this subsection:
“(A) The term ‘congressional intelligence committees’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
“(B) The term ‘Defense Intelligence Enterprise’ means the organizations, infrastructure, and measures, including policies, processes, procedures, and products, of the intelligence, counterintelligence, and security components of each of the following:
“(i) The Department of Defense.
“(ii) The Joint Staff.
“(iii) The combatant commands.
“(iv) The military departments.
“(v) Other elements of the Department of Defense that perform national intelligence, defense intelligence, intelligence-related, counterintelligence, or security functions.
“(C) The term ‘fulfillment rate’ means the percentage of combatant command intelligence and counterintelligence requirements satisfied by available, acquired, or realigned intelligence and counterintelligence capabilities or activities.
“(D) The term ‘intelligence community’ has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”
Ҥ 397. Principal Information Operations Advisor
“(a) Designation.—Not later than 30 days after the enactment of this Act, the Secretary of Defense shall designate, from among officials appointed to a position in the Department of Defense by and with the advice and consent of the Senate, a Principal Information Operations Advisor to act as the principal advisor to the Secretary on all aspects of information operations conducted by the Department.
“(b) Responsibilities.—The Principal Information Operations Advisor shall have the following responsibilities:
“(1) Oversight of policy, strategy, planning, resource management, operational considerations, personnel, and technology development across all the elements of information operations of the Department.
“(2) Overall integration and supervision of the deterrence of, conduct of, and defense against information operations.
“(3) Promulgation of policies to ensure adequate coordination and deconfliction with the Department of State, the intelligence community (as such term is defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), and other relevant agencies and departments of the Federal Government.
“(4) Coordination with the head of the Global Engagement Center to support the purpose of the Center (as set forth by section 1287(a)(2) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)) and liaison with the Center and other relevant Federal Government entities to support such purpose.
“(5) Establishing and supervising a rigorous risk management process to mitigate the risk of potential exposure of United States Persons to information intended exclusively for foreign audiences.
“(6) Promulgation of standards for the attribution or public acknowledgment, if any, of operations in the information environment.
“(7) Development of guidance for, and promotion of, the capability of the Department to liaison with the private sector and academia on matters relating to the influence activities of malign actors.
“(8) Such other matters relating to information operations as the Secretary shall specify for purposes of this subsection.”
“CHAPTER 19— CYBER AND INFORMATION OPERATIONS MATTERS”
.
“397. Principal Information Operations Advisor.”.
“19. Cyber and Information Operations Matters 391”.
“(B) is determined to—
“(i) have a medium or high collateral effects estimate;
“(ii) have a medium or high intelligence gain or loss;
“(iii) have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations;
“(iv) have a medium or high probability of detection when detection is not intended; or
“(v) result in medium or high collateral effects; and”
; and
“(f) Written Notification.—If the Secretary determines that the Department will not complete an evaluation of the cyber vulnerabilities of each major weapon system of the Department by the date specified in subsection (a)(1), the Secretary shall provide to the congressional defense committees written notification relating to each such incomplete evaluation. Such a written notification shall include the following:
“(1) An identification of each major weapon system for which an evaluation will not be complete by the date specified in subsection (a)(1), the anticipated date of completion of the evaluation of each such weapon system, and a description of the remaining work to be done for the evaluation of each such weapon system.
“(2) A justification for the inability to complete such an evaluation by the date specified in subsection (a)(1).
“(g) Report.—The Secretary, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees upon completion of the requirement for an evaluation of the cyber vulnerabilities of each major weapon system of the Department under this section. Such report shall include the following:
“(1) An identification of cyber vulnerabilities of each major weapon system requiring mitigation.
“(2) An identification of current and planned efforts to address the cyber vulnerabilities of each major weapon system requiring mitigation, including efforts across the doctrine, organization, training, materiel, leadership and education, personnel, and facilities of the Department.
“(3) A description of joint and common cyber vulnerability mitigation solutions and efforts, including solutions and efforts across the doctrine, organization, training, materiel, leadership and education, personnel, and facilities of the Department.
“(4) A description of lessons learned and best practices regarding evaluations of the cyber vulnerabilities and cyber vulnerability mitigation efforts relating to major weapon systems, including an identification of useful tools and technologies for discovering and mitigating vulnerabilities, such as those specified in section 1657 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), and steps taken to institutionalize the use of these tools and technologies.
“(5) A description of efforts to share lessons learned and best practices regarding evaluations of the cyber vulnerabilities and cyber vulnerability mitigation efforts of major weapon systems across the Department.
“(6) An identification of measures taken to institutionalize evaluations of cyber vulnerabilities of major weapon systems, including an identification of which major weapon systems evaluated under this section will be reevaluated in the future, when these evaluations will occur, and how evaluations will occur for future major weapon systems.
“(7) Information relating to guidance, processes, procedures, or other activities established to mitigate or address the likelihood of cyber vulnerabilities of major weapon systems by incorporation of lessons learned in the research, development, test, evaluation, and acquisition cycle, including promotion of cyber education of the acquisition workforce.
“(8) An identification of systems to be incorporated into or that have been incorporated into the National Security Agency’s Strategic Cybersecurity Program and the status of these systems in the Program.
“(9) Any other matters the Secretary determines relevant.”
“(4) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that—
“(A) address all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition—
“(i) using both quantitative and qualitative metrics; and
“(ii) in a way that is common to all military departments; and
“(B) is consistent with readiness reporting pursuant to section 482 of this title.”
“(9) An assessment of the potential costs, benefits, and value, if any, of establishing a cyber force as a separate uniformed service.
“(10) Any recurrent problems or capability gaps that remain unaddressed since the previous posture review.”
“(iii) The tools, weapons, and accesses used in and available for military cyber operations are sufficient for achieving required effects and United States Cyber Command is capable of acquiring or developing such tools, weapons, and accesses.”
; and
“(vi) The Cyber Mission Force has achieved full operational capability and has demonstrated the capacity to execute the cyber missions of the Department, including the following:
“(I) Execution of national-level missions through cyberspace, including deterrence and disruption of adversary cyber activity.
“(II) Defense of the Department of Defense Information Network.
“(III) Support for other combatant commands, including targeting of adversary military assets.”
“(c) Biannual Briefing.—
“(1) In general.—Not later than 90 days after the date of the enactment of this subsection and biannually thereafter, the Secretary of Defense and the Director of National Intelligence shall provide to the appropriate committees of Congress briefings on the nature of the National Security Agency and United States Cyber Command’s current and future partnership. Briefings under this subsection shall not terminate until the certification specified in subsection (a) is issued.
“(2) Elements.—Each briefing under this subsection shall include status updates on the current and future National Security Agency-United States Cyber Command partnership efforts, including relating to the following:
“(A) Common infrastructure and capability acquisition.
“(B) Operational priorities and partnership.
“(C) Research and development partnership.
“(D) Executed documents, written memoranda of agreements or understandings, and policies issued governing such current and future partnership.
“(E) Projected long-term efforts.”
“(c) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense for the White House Communications Agency, not more than 90 percent of such funds may be obligated or expended until the initiation of the tier 1 exercise required under subsection (a).”
“(4) establishing policies for, and providing oversight, guidance, and coordination with respect to, the nuclear command, control, and communications system;”
; and
“(g) Semiannual Briefings.—
(1) Not later than February 1 and August 1 of each year, the Council shall provide to the congressional defense committees a briefing on, with respect to the six-month period preceding the briefing—
“(A) the dates on which the Council met; and
“(B) except as provided by paragraph (2), a summary of any decisions made by the Council pursuant to subsection (d) at each such meeting and the rationale for and options that informed such decisions.
“(2) The Council shall not be required to include in a briefing under paragraph (1) the matters described in subparagraph (B) of that paragraph with respect to decisions of the Council relating to the budget of the President for a fiscal year if the budget for that fiscal year has not been submitted to Congress under section 1105 of title 31 as of the date of the briefing.”
“(D) an estimate of the relative percentage of total acquisition costs of the military departments and of the Department of Defense during such period represented by the acquisition costs estimated under subparagraph (B).”
“492a. Annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control system.”.
“(4) the Commander of the United States Air Forces in Europe.”
“(a) Long-range Standoff Weapon.—The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—
“(1) achieves initial operating capability for nuclear missions prior to the retirement of the nuclear-armed AGM–86; and
“(2) is capable of internal carriage and employment for nuclear missions on the next-generation long-range strike bomber.”
“(a) Policy.—It is the policy of the United States to—
“(1) maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense—
“(A) an effective, layered missile defense system capable of defending the territory of the United States against the developing and increasingly complex missile threat posed by rogue states; and
“(B) an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and
“(2) rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States.”
“(d) Hypersonic and Ballistic Missile Tracking Space Sensor Payload.—
“(1) Development.—The Director of the Missile Defense Agency, in coordination with the Director of the Space Development Agency and the Secretary of the Air Force, as appropriate, shall—
“(A) develop a hypersonic and ballistic missile tracking space sensor payload; and
“(B) include such payload as a component of the sensor architecture developed under subsection (a).
“(2) Assignment of primary responsibility.—Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall—
“(A) assign the Director of the Missile Defense Agency with the principal responsibility for the development and deployment of a hypersonic and ballistic tracking space sensor payload; and
“(B) submit to the congressional defense committees a certification of such assignment.”
“(i) Updated Plan.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall submit to the appropriate congressional committees an update to the plan under subsection (h), including with respect to the following:
“(1) How the Director of the Missile Defense Agency, the Director of the Defense Advanced Research Projects Agency, the Secretary of the Air Force, and the Director of the Space Development Agency, will each participate in the development of the sensor architecture under subsection (a) and the inclusion of the hypersonic and ballistic missile tracking space sensor payload as a component of such architecture pursuant to subsection (d), with respect to both prototype and operational capabilities, including how each such official will work together to avoid duplication of efforts.
“(2) How such payload will address the requirement of the United States Strategic Command for a hypersonic and ballistic missile tracking space sensing capability.
“(3) The estimated costs (in accordance with subsection (e)) to develop, acquire, and deploy, and the lifecycle costs to operate and sustain, the payload under subsection (d) and include such payload in the sensor architecture developed under subsection (a).”
“§ 115a. Annual defense manpower profile report and related reports”
“115a. Annual defense manpower profile report and related reports.”.
“(3) A description of the process by which the Department of Defense investigates allegations of civilian casualties resulting from United States military operations, including how the Department incorporates information from interviews with witnesses, civilian survivors of United States operations, and public reports or other nongovernmental sources.
“(4) A description of—
“(A) steps taken by the Department to mitigate harm to civilians in conducting such operations; and
“(B) in the case of harm caused by such an operation to a civilian, any ex gratia payment or other assistance provided to the civilian or the family of the civilian.
“(5) A description of any allegations of civilian casualties made by public or non-governmental sources formally investigated by the Department of Defense.
“(6) A description of the general reasons for any discrepancies between the assessments of the United States and reporting from nongovernmental organizations regarding non-combatant deaths resulting from strikes and operations undertaken by the United States.
“(7) The definitions of ‘combatant’ and ‘non-combatant’ used in the preparation of the report, which shall be consistent with the laws of armed conflict.”
; and
“9A. Audit 240a”.
“112. Cyber Scholarship Program 2200”.
“183a. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.”.
“§ 928b. Art. 128b. Domestic violence”
“2229b. Comptroller General assessment of acquisition programs and initiatives.”.
“§ 2284. Explosive Ordnance Disposal Defense Program”
“2439. Negotiation of price for technical data before development, production, or sustainment of major weapon systems.”.
“II. Development, Prototyping, and Deployment of Weapon System Components or Technology 2447a”.
“(A) comply with”
“2914. Energy resilience and conservation construction projects.”.
“2568a. Damaged personal protective equipment: award to members separating from the armed forces and veterans.”.
“(n) Notification of Certain Overseas Contingency Operations for Purposes of Inspector General Act of 1978.—The Secretary of Defense shall provide the Chair of the Council of Inspectors General on Integrity and Efficiency written notification of the commencement or designation of a military operation as an overseas contingency operation upon the earlier of—
“(1) a determination by the Secretary that the overseas contingency operation is expected to exceed 60 days; or
“(2) the date on which the overseas contingency operation exceeds 60 days.”
“(1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or
“(2) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation”
; and
“(A) the commencement or designation of the military operation concerned as an overseas contingency operation that exceeds 60 days; or
“(B) receipt of a notification under section 113(n) of title 10, United States Code, with respect to an overseas contingency operation”
“(iii)
(I) Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency operation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an independent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable theater of operations.
“(II) In the case of a determination by the lead Inspector General that no Inspector General has principal jurisdiction over a matter with respect to the contingency operation, the lead Inspector General may—
“(aa) conduct an independent investigation of an allegation described in subclause (I); or
“(bb) request that an Inspector General specified in subsection (c) conduct such investigation.”
; and
“(I) To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector General responsible for conducting oversight of any program or operation performed in support of the contingency operation may, to the maximum extent practicable and consistent with the duties, responsibilities, policies, and procedures of such Inspector General—
“(i) coordinate such oversight activities with the lead Inspector General; and
“(ii) provide information requested by the lead Inspector General relating to the responsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G).”
“(C)
(i) An annuitant receiving an annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System under chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed under this subsection—
“(I) shall continue to receive the annuity; and
“(II) shall not be considered a participant for purposes of chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of title 5, United States Code.
“(ii) An annuitant described in clause (i) may elect in writing for the reemployment of the annuitant under this subsection to be subject to section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant.”
; and
“(5)
(A) A person employed by a lead Inspector General for an overseas contingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications upon the completion of 2 years of continuous service as an employee under this section.
“(B) No person who is first employed as described in subparagraph (A) more than 2 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 may acquire competitive status under subparagraph (A).”
“(8) Authority to accept gifts.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority in this paragraph does not extend to gifts of money.”
“(2) Interim reports.—Not later than each of December 1, 2019, and December 1, 2020, the Commission shall submit as described in that paragraph an interim report on the review required under subsection (b).
“(3) Final report.—Not later than March 1, 2021, the Commission shall submit as described in paragraph (1) a comprehensive final report on the review required under subsection (b).”
“(B)
(i) includes any amount paid by any entity other than the debtor (or in a joint case the debtor and the debtor’s spouse), on a regular basis for the household expenses of the debtor or the debtor’s dependents (and, in a joint case, the debtor’s spouse if not otherwise a dependent); and
“(ii) excludes—
“(I) benefits received under the Social Security Act (42 U.S.C. 301 et seq.);
“(II) payments to victims of war crimes or crimes against humanity on account of their status as victims of such crimes;
“(III) payments to victims of international terrorism or domestic terrorism, as those terms are defined in section 2331 of title 18, on account of their status as victims of such terrorism; and
“(IV) any monthly compensation, pension, pay, annuity, or allowance paid under title 10, 37, or 38 in connection with a disability, combat-related injury or disability, or death of a member of the uniformed services, except that any retired pay excluded under this subclause shall include retired pay paid under chapter 61 of title 10 only to the extent that such retired pay exceeds the amount of retired pay to which the debtor would otherwise be entitled if retired under any provision of title 10 other than chapter 61 of that title.”
“(m) Report to Congress.—Not later than 120 days after the date of the submittal of the report under subsection (h)(2), the Secretary of Defense, in coordination with the Secretary of each of the military departments, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report that includes each of the following:
“(1) An assessment of the findings and conclusions of the Commission.
“(2) The plan of the Secretaries for implementing the recommendations of the Commission.
“(3) Any other actions taken or planned by the Secretary of Defense or the Secretary of any of the military departments to improve military aviation safety.”
“SEC. 707. GUARANTEE OF RESIDENCY FOR SPOUSES OF SERVICEMEMBERS.
“For the purposes of establishing the residency of a spouse of a servicemember for any purpose (including the registration of a business), the spouse of a servicemember may elect to use the same residence as the servicemember regardless of the date on which the marriage of the spouse and the servicemember occurred.”
“Sec. 707. Guarantee of residency for spouses of servicemembers.”.
“(d) Threat Assessment, Response, and Recovery.—
“(1) Roles and responsibilities.—
“(A) Distribution of information.—
“(i) In general.—Beginning not later than June 19, 2020, the Secretary shall provide timely distribution of information on EMPs and GMDs to Federal, State, and local governments, owners and operators of critical infrastructure, and other persons determined appropriate by the Secretary.
“(ii) Briefing.—The Secretary shall brief the appropriate congressional committees on the effectiveness of the distribution of information under clause (i).
“(B) Response and recovery.—
“(i) In general.—The Administrator of the Federal Emergency Management Agency shall—
“(I) coordinate the response to and recovery from the effects of EMPs and GMDs on critical infrastructure, in coordination with the heads of appropriate Sector-Specific Agencies, and on matters related to the bulk power system, in consultation with the Secretary of Energy and the Federal Energy Regulatory Commission; and
“(II) to the extent practicable, incorporate events that include EMPs and extreme GMDs as a factor in preparedness scenarios and exercises.
“(ii) Implementation.—The Administrator of the Federal Emergency Management Agency, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, and on matters related to the bulk power system, the Secretary of Energy and the Federal Energy Regulatory Commission, shall—
“(I) not later than June 19, 2020, develop plans and procedures to coordinate the response to and recovery from EMP and GMD events; and
“(II) not later than December 21, 2020, conduct a national exercise to test the preparedness and response of the Nation to the effect of an EMP or extreme GMD event.
“(C) Research and development.—
“(i) In general.—The Secretary, in coordination with the heads of relevant Sector-Specific Agencies, shall—
“(I) without duplication of existing or ongoing efforts, conduct research and development to better understand and more effectively model the effects of EMPs and GMDs on critical infrastructure (which shall not include any system or infrastructure of the Department of Defense or any system or infrastructure of the Department of Energy associated with nuclear weapons activities); and
“(II) develop technologies to enhance the resilience of and better protect critical infrastructure.
“(ii) Plan.—Not later than March 26, 2020, and in coordination with the heads of relevant Sector-Specific Agencies, the Secretary shall submit to the appropriate congressional committees a research and development action plan to rapidly address modeling shortfall and technology development.
“(D) Emergency information system.—
“(i) In general.—The Administrator of the Federal Emergency Management Agency, in coordination with relevant stakeholders, shall maintain a network of systems, such as the alerting capabilities of the integrated public alert and warning system authorized under section 526, that are capable of providing appropriate emergency information to the public before (if possible), during, and in the aftermath of an EMP or GMD.
“(ii) Briefing.—Not later than December 21, 2020, the Administrator of the Federal Emergency Management Agency, shall brief the appropriate congressional committees regarding the maintenance of systems, including the alerting capabilities of the integrated public alert and warning system authorized under section 526.
“(E) Quadrennial risk assessments.—
“(i) In general.—The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce, and informed by intelligence-based threat assessments, shall conduct a quadrennial EMP and GMD risk assessment.
“(ii) Briefings.—Not later than March 26, 2020, and every four years thereafter until 2032, the Secretary, the Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall provide a briefing to the appropriate congressional committees regarding the quadrennial EMP and GMD risk assessment.
“(iii) Enhancing resilience.—The Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the heads of other relevant Sector-Specific Agencies, shall use the results of the quadrennial EMP and GMD risk assessments to better understand and to improve resilience to the effects of EMPs and GMDs across all critical infrastructure sectors, including coordinating the prioritization of critical infrastructure at greatest risk to the effects of EMPs and GMDs.
“(2) Coordination.—
“(A) Report on technological options.—Not later than December 21, 2020, and every four years thereafter until 2032, the Secretary, in coordination with the Secretary of Defense, the Secretary of Energy, the heads of other appropriate agencies, and, as appropriate, private-sector partners, shall submit to the appropriate congressional committees, a report that—
“(i) assesses the technological options available to improve the resilience of critical infrastructure to the effects of EMPs and GMDs; and
“(ii) identifies gaps in available technologies and opportunities for technological developments to inform research and development activities.
“(B) Test data.—
“(i) In general.—Not later than December 20, 2020, the Secretary, in coordination with the heads of Sector-Specific Agencies, the Secretary of Defense, and the Secretary of Energy, shall—
“(I) review test data regarding the effects of EMPs and GMDs on critical infrastructure systems, networks, and assets representative of those throughout the Nation; and
“(II) identify any gaps in the test data.
“(ii) Plan.—Not later than 180 days after identifying gaps in test data under clause (i), the Secretary, in coordination with the heads of Sector-Specific Agencies and in consultation with the Secretary of Defense and the Secretary of Energy, shall use the sector partnership structure identified in the National Infrastructure Protection Plan to develop an integrated cross-sector plan to address the identified gaps.
“(iii) Implementation.—The heads of each agency identified in the plan developed under clause (ii) shall implement the plan in collaboration with the voluntary efforts of the private sector, as appropriate.
“(3) Definitions.—In this subsection:
“(A) The term ‘appropriate congressional committees’ means—
“(i) the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Commerce, Science, and Transportation of the Senate; and
“(ii) the Committee on Transportation and Infrastructure, the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Committee on Science, Space and Technology of the House of Representatives.
“(B) The terms ‘prepare’ and ‘preparedness’ mean the actions taken to plan, organize, equip, train, and exercise to build and sustain the capabilities necessary to prevent, protect against, mitigate the effects of, respond to, and recover from those threats that pose the greatest risk to the security of the homeland, including the prediction and notification of impending EMPs and GMDs.
“(C) The term ‘Sector-Specific Agency’ has the meaning given that term in section 2201.
“(e) Rule of Construction.—Nothing in this section may be construe—
“(1) to affect in any manner the authority of the executive branch to implement Executive Order 13865, dated March 26, 2019, and entitled ‘Coordinating National Resilience to Electromagnetic Pulses’, or any other authority existing on the day before the date of enactment of this subsection of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector-Specific Agency specified in section 61003(c) of division F of the Fixing America’s Surface Transportation Act (6 U.S.C. 121 note), including the authority under section 215 of the Federal Power Act (16 U.S.C. 824o), and including the authority of independent agencies to be independent; or
“(2) as diminishing or transferring any authorities vested in the Administrator of the Federal Emergency Management Agency or in the Agency prior to the date of the enactment of this subsection.”
“Sec. 320. EMP and GMD mitigation research and development and threat assessment, response, and recovery.”.
“SEC. 34. MANUFACTURING USA.
“(a) Definitions.—In this section:
“(1) Agency head.—The term ‘agency head’ means the head of any Executive agency (as defined in section 105 of title 5, United States Code), other than the Department of Defense.
“(2) Regional innovation initiative.—The term ‘regional innovation initiative’ has the meaning given such term in section 27(f)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722(f)(1)).
“(b) Establishment of Manufacturing USA Program.—
“(1) In general.—The Secretary shall establish within the Institute a program to be known as the ‘Manufacturing United States of America Program’ or the ‘Manufacturing USA Program’ (referred to in this section as the ‘Program’).
“(2) Purposes of program.—The purposes of the Program are—
“(A) to improve the competitiveness of United States manufacturing and to increase the production of goods manufactured predominantly within the United States;
“(B) to stimulate United States leadership in advanced manufacturing research, innovation, and technology;
“(C) to facilitate the transition of innovative technologies into scalable, cost-effective, and high-performing manufacturing capabilities;
“(D) to facilitate access by manufacturing enterprises to capital-intensive infrastructure, including high-performance electronics and computing, and the supply chains that enable these technologies;
“(E) to accelerate the development of an advanced manufacturing workforce;
“(F) to facilitate peer exchange of and the documentation of best practices in addressing advanced manufacturing challenges;
“(G) to leverage non-Federal sources of support to promote a stable and sustainable business model without the need for long-term Federal funding;
“(H) to create and preserve jobs; and
“(I) to contribute to the development of regional innovation initiatives across the United States.
“(3) Support.—The Secretary, acting through the Director, shall carry out the purposes set forth in paragraph (2) by supporting—
“(A) the Manufacturing USA Network established under subsection (b); and
“(B) the establishment of Manufacturing USA institutes.
“(4) Director.—The Secretary shall carry out the Program through the Director.
“(c) Establishment of Manufacturing USA Network.—
“(1) In general.—As part of the Program, the Secretary shall establish a network of Manufacturing USA institutes.
“(2) Designation.—The network established under paragraph (1) shall be known as the ‘Manufacturing United States of America Network’ or the ‘Manufacturing USA Network’ (referred to in this section as the ‘Network’).
“(d) Manufacturing USA Institutes.—
“(1) In general.—For purposes of this section, a Manufacturing USA institute is an institute that—
“(A) has been established by a person or group of persons to address challenges in advanced manufacturing and to assist manufacturers in retaining or expanding industrial production and jobs in the United States;
“(B) has a predominant focus on a manufacturing process, novel material, enabling technology, supply chain integration methodology, or another relevant aspect of advanced manufacturing, such as nanotechnology applications, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery technologies, robotics, advanced sensors, quantum information science, supply chain water optimization, aeronautics and advanced materials, and graphene and graphene commercialization;
“(C) has the potential—
“(i) to improve the competitiveness of United States manufacturing, including key advanced manufacturing technologies such as nanotechnology, advanced ceramics, photonics and optics, composites, biobased and advanced materials, flexible hybrid technologies, tool development for microelectronics, food manufacturing, superconductors, advanced battery technologies, robotics, advanced sensors, quantum information science, supply chain water optimization, aeronautics and advanced materials, and graphene and graphene commercialization;
“(ii) to accelerate non-Federal investment in advanced manufacturing production capacity in the United States; or
“(iii) to enable the commercial application of new technologies or industry-wide manufacturing processes; and
“(D) includes active participation among representatives from multiple industrial entities, research universities, community colleges, and other entities as appropriate, which may include industry-led consortia, career and technical education schools, Federal laboratories, State, local, and Tribal governments, businesses, educational institutions, and nonprofit organizations.
“(2) Activities.—
“(A) Required activities.—For purposes of this section, a Manufacturing USA institute is also an institute that carries out the following:
“(i) Research, development, and demonstration projects, including proof-of-concept development and prototyping, to reduce the cost, time, or risk of commercializing new technologies and improvements in existing technologies, processes, products, and research and development of materials to solve precompetitive industrial problems with economic or national security implications.
“(ii) Development and implementation of education, training, and workforce recruitment courses, materials, and programs addressing workforce needs through training and education programs at all appropriate education levels, including programs on applied engineering.
“(iii) Development of innovative methodologies and practices for supply chain integration and introduction of new technologies into supply chains, as appropriate.
“(iv) Outreach and engagement with small and medium-sized manufacturing enterprises, including women, minority, and veteran owned manufacturing enterprises, in addition to large manufacturing enterprises.
“(v) Development of roadmaps or leveraging of existing roadmaps with respect to technology areas being pursued by that Manufacturing USA institute that take into account the research and development undertaken at other Manufacturing USA institutes and Federal agencies with respect to such areas.
“(B) Permissible activities.—In addition to the activities set forth under subparagraph (A), a Manufacturing USA institute may carry out such other activities as may be consistent with the purposes set forth under subsection (b)(2).
“(3) Additional manufacturing usa institutes.—
“(A) In general.—Except as provided in subparagraph (C), the National Additive Manufacturing Innovation Institute and other manufacturing institutes formally recognized as Manufacturing USA institutes pursuant to Federal law or executive actions, or under pending interagency review for such recognition as of December 16, 2014, shall be considered Manufacturing USA institutes for purposes of this section.
“(B) Network participation.—Except as provided in subparagraph (C), an institute that is substantially similar to an institute described by paragraphs (1) and (2) but does not meet every element of such description and does not receive financial assistance under subsection (e) may, upon request of the institute, be recognized as a Manufacturing USA institute by the Secretary for purposes of participation in the Network.
“(C) Applicability.—Effective beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, an institute shall be treated as a Manufacturing USA institute under this section and subject to subsections (b)(2), (d), and (e) in the same manner and to the same extent as such provisions apply to a Manufacturing USA institute described by paragraphs (1) and (2) if such institute—
“(i)
(I) is, as of such date of enactment, considered a Manufacturing USA institute under subparagraph (A) or recognized as a Manufacturing USA institute under subparagraph (B); and
“(II) as of such date of enactment, receives Federal financial assistance under subsection (e) or otherwise consistent with the purposes of this section;
“(ii) is under pending agency review for such recognition as of such date of enactment; or
“(iii) is currently funded by the Department of Energy.
“(e) Financial Assistance to Establish and Support Manufacturing USA Institutes.—
“(1) Financial assistance authorized.—Under the Program, the Secretary and the Secretary of Energy shall, and every other agency head may, award financial assistance to a person or group of persons to assist the person or group of persons in planning, establishing, or supporting a Manufacturing USA institute.
“(2) Period and renewal of awards.—
“(A) Initial periods.—An award of financial assistance under paragraph (1) shall be awarded for an initial period of not less than 5 years and not more than 7 years.
“(B) Renewal of awards.—
“(i) Renewal authorized.—An award of financial assistance under paragraph (1) may be renewed for additional periods, with each period not to exceed the duration of the initial period of the award, subject to a rigorous merit review.
“(ii) Consideration of performance standards.—In carrying out a rigorous merit review under clause (i) for renewal of an award under such clause for a Manufacturing USA institute, an agency head shall consider the extent to which the institute has made progress in meeting the standards of performance established pursuant to paragraph (5)(C).
“(iii) Initial failure to meet performance standards.—If, pursuant to a rigorous merit review under clause (i) for renewal of an award under such clause for a Manufacturing USA institute, an agency head finds that the institute does not meet the standards for performance established pursuant to paragraph (5)(C), the agency head shall—
“(I) notify the institute of any deficiencies in the performance of the institute; and
“(II) provide the institute one year to remedy such deficiencies.
“(iv) Further failure to meet performance standards.—If a Manufacturing USA institute fails to remedy a deficiency identified or to show significant improvement in performance during the 1-year period set forth under clause (iii)(II)—
“(I) the institute shall not be eligible for renewed award under clause (i); and
“(II) the agency head that conducted the review for renewal shall notify the institute of such ineligibility.
“(v) Continuation of existing manufacturing usa institutes.—Not withstanding clauses (i) through (iv), a Manufacturing USA institute already in existence or undergoing a renewal process prior to December 1, 2019—
“(I) may continue to receive support for the duration of the original funding award beginning on the date of establishment of that institute; and
“(II) shall be eligible for renewal of that funding pursuant to clause (i).
“(3) Application for financial assistance.—
“(A) In general.—A person or group of persons seeking financial assistance under paragraph (1) shall submit to an agency head an application therefor at such time, in such manner, and containing such information as the agency head may require.
“(B) Requirements.—An application submitted under subparagraph (A) for an institute shall, at a minimum include the following:
“(i) A description of the specific sources and amounts of non-Federal financial support for the institute on the date financial assistance is sought.
“(ii) A description of the anticipated sources and amounts of non-Federal financial support during the period for which the institute could be eligible for continued Federal financial assistance under this section.
“(4) Selection.—
“(A) Competitive, merit review.—In awarding financial assistance under paragraph (1), an agency head shall—
“(i) use a competitive, merit review process that includes review by a diverse group of individuals with relevant expertise from both the private and public sectors; and
“(ii) ensure that the technology focus of a Manufacturing USA institute does not substantially duplicate the technology focus of any other Manufacturing USA institute.
“(B) Participation in process.—
“(i) Prohibition on participation by political appointees.—The review required by subparagraph (A)(i) may not include a review by a group of individuals that includes a political appointee.
“(ii) Conflict of interest policies.—Each agency head shall implement a conflict of interest policy that—
“(I) ensures public transparency and accountability in the process used under subparagraph (A)(i); and
“(II) requires full disclosure of any real or potential conflicts of interest on the parts of individuals that participate in the process used under subparagraph (A)(i).
“(iii) Definition of political appointee.—For purposes of this subparagraph, the term ‘political appointee’ has the meaning given such term in section 714(h) of title 38, United States Code.
“(C) Considerations.—In selecting a person or group of persons who submitted an application to an agency head under paragraph (3) for an award of financial assistance under paragraph (1) for a Manufacturing USA institute, the agency head shall consider, at a minimum, the following:
“(i) The potential of the Manufacturing USA institute to advance domestic manufacturing and the likelihood of economic impact, including the creation or preservation of jobs, in the predominant focus areas of the institute.
“(ii) The commitment of continued financial support, advice, participation, and other contributions from non-Federal sources, to provide leverage and resources to promote a stable and sustainable business model.
“(iii) Whether the financial support provided to the Manufacturing USA institute from non-Federal sources exceeds the requested Federal financial assistance.
“(iv) How the Manufacturing USA institute will increase the non-Federal investment in advanced manufacturing research in the United States.
“(v) How the Manufacturing USA institute will engage with small and medium-sized manufacturing enterprises to improve the capacity of such enterprises to commercialize new processes and technologies and to improve the domestic supply chain.
“(vi) How the Manufacturing USA institute will carry out educational and workforce activities that meet industrial needs related to the predominant focus areas of the institute.
“(vii) How the Manufacturing USA institute will advance economic competitiveness and generate substantial benefits to the Nation that extend beyond the direct return to participants in the Program.
“(viii) Whether the predominant focus of the Manufacturing USA institute is a manufacturing process, novel material, enabling technology, supply chain integration methodology, or other relevant aspect of advanced manufacturing that has not already been commercialized, marketed, distributed, or sold by another entity.
“(ix) How the Manufacturing USA institute will strengthen and leverage the industrial, research, entrepreneurship, and other assets of a region.
“(x) How the Manufacturing USA institute will encourage the education and training of veterans and individuals with disabilities.
“(5) Performance measurement, transparency, and accountability.—For each award of financial assistance under paragraph (1) by an agency head, the agency head shall—
“(A) develop metrics to assess the effectiveness of the activities funded in making progress toward the purposes of the Program set forth under subsection (b)(2), including the effectiveness of Manufacturing USA institutes in advancing technology readiness levels or manufacturing readiness levels;
“(B) establish standards for the performance of Manufacturing USA institutes that are based on the metrics developed under subparagraph (A); and
“(C) for each Manufacturing USA institute supported by the award, 5 years after the initial award and every 5 years thereafter until Federal financial assistance under this subsection is discontinued, conduct an assessment of the institute to confirm whether the performance of the institute is meeting the standards for performance established under subparagraph (B).
“(6) Collaboration.—In awarding financial assistance under paragraph (1), an agency head, in coordination with the National Program Office, as the agency head considers appropriate, may collaborate with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including, as the agency head considers appropriate, the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation.
“(7) Matching funds and preferences.—
“(A) In general.—Except as provided in subparagraph (B), an agency head may not, with respect to a Manufacturing USA institute, award financial assistance under paragraph (1) or renew an award of financial assistance under paragraph (2) unless the agency head determines that non-Federal funding comprises 50 percent or more of the total amount of funding made available for the operation and support of the institute.
“(B) Waivers.—An agency head awarding financial assistance under paragraph (1) with respect to a Manufacturing USA institute may waive the requirements of subparagraph (A) in the case of satellite centers, large capital facilities, equipment purchases, workforce development, or general operations.
“(f) Grant Program for Public Service Activities for Manufacturing USA Institutes Without Federal Funding.—The Secretary may award a grant on a competitive basis to a Manufacturing USA institute that is not receiving financial assistance under subsection (e) to carry out workforce development, outreach to small- and medium-sized manufacturers, and other activities that—
“(1) are determined by the Secretary to be in the national interest; and
“(2) are unlikely to receive private sector financial support.
“(g) Authorization of Appropriations.—
“(1) NIST industrial technical services account.—To the extent provided for in advance by appropriations Acts, the Secretary may use amounts appropriated to the Industrial Technical Services account to carry out this section as follows:
“(A) For each of the fiscal years 2015 through 2019, an amount not to exceed $5,000,000.
“(B) For each of fiscal years 2020 through 2030, such amounts as may be necessary to carry out this section.
“(2) Department of energy.—There are authorized to be appropriated to the Secretary of Energy for the provision of financial assistance under subsection (e) by the Department of Energy amounts as follows:
“(A) $70,000,000 for each of fiscal years 2020, 2021, and 2022.
“(B) $84,000,000 for each of fiscal years 2023 and 2024.
“(h) National Program Office.—
“(1) Establishment.—The Secretary shall establish, within the Institute, the National Office of the Manufacturing USA Network (referred to in this section as the ‘National Program Office’), which shall oversee and carry out the Program.
“(2) Functions.—The functions of the National Program Office are—
“(A) to oversee the planning, management, and coordination of the Program;
“(B) to coordinate with and, as appropriate, enter into memorandums of understanding with Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing, including the Department of Agriculture, the Department of Defense, the Department of Education, the Department of Energy, the Department of Labor, the Food and Drug Administration, the National Aeronautics and Space Administration, the National Institutes of Health, and the National Science Foundation, to carry out the purposes set forth under subsection (b)(2);
“(C) to develop, not later than December 16, 2015, and update not less frequently than once every 3 years thereafter, a strategic plan to guide the Program;
“(D) to establish such procedures, processes, and criteria as may be necessary and appropriate to maximize cooperation and coordinate the activities of the Program with programs and activities of other Federal departments and agencies whose missions contribute to or are affected by advanced manufacturing;
“(E) to establish a clearinghouse of public information related to the activities of the Program;
“(F) to act as a convener of the Network;
“(G) to work with Federal agencies that are not sponsoring or supporting a Manufacturing USA institute to explore and develop options for sponsoring or supporting a Manufacturing USA institute;
“(H) to work with Federal agencies that are sponsoring or supporting a Manufacturing USA institute to develop and implement network-wide performance goals with measurable targets and timelines;
“(I) to help develop pilot programs that may be implemented by the Manufacturing USA institutes to address specific purposes of the Program, including to accelerate technology transfer to the private sector and to develop entrepreneurship programs;
“(J) to provide support services to promote workforce development activities;
“(K) to identify and disseminate best practices for workforce education and training across the Network and further enhance collaboration among Manufacturing USA institutes in developing and implementing such practices;
“(L) to collaborate with the Department of Labor, the Department of Education, industry, career and technical education schools, local community colleges, universities, and labor organizations to provide input, as appropriate, for the development of national certifications for advanced manufacturing workforce skills in the technology areas of the Manufacturing USA institutes; and
“(M) to coordinate with Manufacturing USA institutes to develop best practices for the membership agreements and coordination of similar project solicitations.
“(3) Recommendations.—In developing and updating the strategic plan under paragraph (2)(C), the Secretary shall solicit recommendations and advice from a wide range of stakeholders, including industry, small and medium-sized manufacturing enterprises, research universities, community colleges, State, Tribal, and local governments, and other relevant organizations and institutions on an ongoing basis.
“(4) Report to congress.—Upon completion, the Secretary shall transmit the strategic plan required under paragraph (2)(C) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives.
“(5) Hollings manufacturing extension partnership.—
“(A) In general.—The Secretary shall ensure that the National Program Office leverages the capabilities of the Hollings Manufacturing Extension Partnership into Program planning to ensure—
“(i) significant outreach to, participation of, and engagement of small- and medium-sized manufacturers in Manufacturing USA institutes across the entirety of the manufacturing supply chain; and
“(ii) that the results of the Program, including technologies developed by the Program, reach small- and medium-sized manufacturers and that such entities have access to technical assistance, as appropriate, in deploying those technologies.
“(B) Liaisons.—The Secretary may provide financial assistance to a manufacturing extension center established as part of the Hollings Manufacturing Extension Partnership to support the purposes of the Program by providing services in one or more of the following areas:
“(i) Support services for small- and medium-sized manufacturers, that many include the designation of a liaison.
“(ii) Assistance with workforce development.
“(iii) Technology transfer for small and medium-sized manufacturers.
“(iv) Such other areas as the Secretary determines appropriate to support the purposes of the Program.
“(6) Detailees.—Any Federal Government employee may be detailed to the National Program Office without reimbursement. Such detail shall be without interruption or loss of civil service status or privilege.
“(i) Reporting and Auditing.—
“(1) Annual reports to the secretary.—
“(A) In general.—Not less frequently than once each year, each agency head that is providing financial assistance under subsection (e) shall—
“(i) require each recipient of such financial assistance submit to the agency head a report that describes the finances and performance of the Manufacturing USA institute with respect to which the financial assistance is awarded; and
“(ii) submit to the Secretary each report received by the agency head under clause (i).
“(B) Elements.—Each report submitted under subparagraph (A) shall include:
“(i) an accounting of expenditures of amounts awarded to the recipient under subsection (e); and
“(ii) consistent with the standards for performance established under subsection (e)(5)(B), a description of the performance of the Manufacturing USA institute with respect to—
“(I) its goals, plans, financial support, and accomplishments; and
“(II) how the Manufacturing USA institute has furthered the purposes set forth under subsection (b)(2).
“(2) Annual reports to congress.—
“(A) In general.—Not less frequently than once each year until December 31, 2030, the Secretary shall submit a report to Congress that describes the performance of the Program during the most recent 1-year period.
“(B) Elements.—Each report submitted under subparagraph (A) shall include, for the period covered by the report—
“(i) a summary and assessment of the reports received by the Secretary under paragraph (1);
“(ii) an accounting of the funds expended by the Secretary under the Program, including any waivers made under subsection (e)(7)(B);
“(iii) an assessment of the participation in, and contributions to, the Network by any Manufacturing USA institutes not receiving financial assistance under subsection (e); and
“(iv) an assessment of the Program with respect to meeting the purposes set forth under subsection (b)(2).
“(3) Assessments by comptroller general of the united states.—
“(A) Assessments.—Not less frequently than once every 3 years, the Comptroller General of the United States shall submit to Congress an assessment of the operation of the Program during the most recent 3-year period, including an assessment of the progress made towards achieving the goals specified in the national strategic plan for advanced manufacturing required under section 102(b)(7) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(b)(7)).
“(B) Elements.—Each assessment submitted under subparagraph (A) shall include, for the period covered by the report—
“(i) a review of the management, coordination, and industry utility of the Program;
“(ii) an assessment of the extent to which the Program has furthered the purposes set forth under subsection (b)(2);
“(iii) such recommendations for legislative and administrative action as the Comptroller General considers appropriate to improve the Program; and
“(iv) an assessment as to whether any prior recommendations for improvement made by the Comptroller General have been implemented or adopted.
“(C) Final assessment.—No later than December 31, 2030, the Comptroller General shall submit to Congress a final report regarding the overall success of the Program.
“(j) Additional Authorities.—
“(1) Appointment of personnel and contracts.—The Secretary may appoint such personnel and enter into such contracts, financial assistance agreements, and other agreements as the Secretary considers necessary or appropriate to carry out the Program, including support for research and development activities involving a Manufacturing USA institute.
“(2) Transfer of funds.—Of amounts available under the authority provided by subsection (g), the Secretary may transfer to other Federal agencies such sums as the Secretary considers necessary or appropriate to carry out the Program. No funds so transferred may be used to reimburse or otherwise pay for the costs of financial assistance incurred or commitments of financial assistance made prior to December 16, 2014.
“(3) Authority of other agencies.—In the event that the Secretary exercises the authority to transfer funds to another agency under paragraph (2), such agency may accept such funds to award and administer, under the same conditions and constraints applicable to the Secretary, all aspects of financial assistance awards under this section.
“(4) Use of resources.—In furtherance of the purposes of the Program, the Secretary may use, with the consent of a covered entity and with or without reimbursement, the land, services, equipment, personnel, and facilities of such covered entity.
“(5) Acceptance of resources.—In addition to amounts appropriated to carry out the Program, the Secretary may accept funds, services, equipment, personnel, and facilities from any covered entity to carry out the Program, subject to the same conditions and constraints otherwise applicable to the Secretary under this section and such funds may only be obligated to the extent provided for in advance by appropriations Acts.
“(6) Covered entities.—For purposes of this subsection, a covered entity is any Federal department, Federal agency, instrumentality of the United States, State, local government, Tribal government, territory, or possession of the United States, or of any political subdivision thereof, or international organization, or any public or private entity or individual.
“(7) Collaborations with other agencies.—The Secretary shall collaborate with Federal agencies whose missions contribute to, or are affected by, advanced manufacturing to identify and leverage existing resources at such Federal agencies to assist Manufacturing USA institutes in carrying out the purposes of the Program set forth under subsection (b)(2). Such existing resources may include programs—
“(A) at the Department of Labor relating to labor and apprenticeships;
“(B) at the Economic Development Administration relating to regional innovation, such as the Regional Innovation Strategies program;
“(C) at the Department of Education relating to workforce development, education, training, and retraining;
“(D) at the Department of Defense relating to procurement and other authorities of the Department of Defense;
“(E) at the Food and Drug Administration relating to biopharmaceutical manufacturing;
“(F) at the National Science Foundation, including the Advanced Technological Education program;
“(G) at the National Aeronautics and Space Administration relating to procurement, workforce development, education, training, and retraining;
“(H) at the Department of Energy relating to development of clean energy technologies and other authorities of the Department of Energy;
“(I) at the Department of Agriculture relating to outreach to rural communities;
“(J) additional programs that the Secretary determines are appropriate to support the activities of existing Manufacturing USA institutes; and
“(K) additional programs that the Secretary determines are appropriate to support the activities of existing Manufacturing USA institutes.
“(k) Patents.—Chapter 18 of title 35, United States Code, shall apply to any funding agreement (as defined in section 201 of that title) awarded to new or existing Manufacturing USA institutes with respect to which financial assistance is awarded under subsection (e).
“(l) References to Prior Names and Terminology.—Any reference in law, regulation, map, document, paper, or other record of the United States to the ‘Network for Manufacturing Innovation Program’, the ‘Network for Manufacturing Innovation’, ‘National Office of the Network for Manufacturing Innovation Program’, or a ‘center for manufacturing innovation’ shall be considered to be a reference to the Manufacturing USA Program, the Manufacturing USA Network, the National Office of the Manufacturing USA Network, or a Manufacturing USA institute, respectively.”
“SEC. 27. REGIONAL INNOVATION PROGRAM.
“(a) Definitions.—In this section:
“(1) Eligible recipient.—The term ‘eligible recipient’ means—
“(A) a State;
“(B) an Indian tribe;
“(C) a city or other political subdivision of a State;
“(D) an entity that—
“(i) is a nonprofit organization, an institution of higher education, a public-private partnership, a science or research park, a Federal laboratory, a venture development organization, or an economic development organization or similar entity that is focused primarily on improving science, technology, innovation, or entrepreneurship; and
“(ii) has an application submitted under subsection (c)(4) that is supported by a State or a political subdivision of a State; or
“(E) a consortium of any of the entities described in subparagraphs (A) through (D).
“(2) Regional innovation initiative.—The term ‘regional innovation initiative’ means a geographically-bounded public or nonprofit activity or program to address issues in the local innovation systems in order to—
“(A) increase the success of innovation-driven industry;
“(B) strengthen the competitiveness of industry through new product innovation and new technology adoption;
“(C) improve the pace of market readiness and overall commercialization of innovative research;
“(D) enhance the overall innovation capacity and long-term resilience of the region;
“(E) leverage the region’s unique competitive strengths to stimulate innovation; and
“(F) increase the number of full-time equivalent employment opportunities within innovation-based business ventures in the geographic region.
“(3) State.—The term ‘State’ means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States.
“(4) Venture development organization.—The term ‘venture development organization’ means a State or nonprofit organization that contributes to regional or sector-based economic prosperity by providing services for the purposes of accelerating the commercialization of research.
“(b) Establishment.—The Secretary shall establish a regional innovation program to encourage and support the development of regional innovation strategies designed to increase innovation-driven economic opportunity within their respective regions.
“(c) Regional Innovation Grants.—
“(1) Authorization of grants.—As part of the program established pursuant to subsection (b), the Secretary may award grants, on a competitive basis, to eligible recipients for activities designed to develop and support a regional innovation initiative.
“(2) Permissible activities.—A grant awarded under this subsection shall be used for multiple activities determined appropriate by the Secretary, including—
“(A) planning, technical assistance, and communication among participants of a regional innovation initiative to improve the connectedness and strategic orientation of the regional innovation initiative;
“(B) attracting additional participants to a regional innovation initiative;
“(C) increasing the availability and investment of private and philanthropic financing that supports innovation-based business ventures; and
“(D) facilitating commercialization of products, processes, and services, including through demonstration, deployment, technology transfer, and entrepreneurial activities.
“(3) Restricted activities.—Grants awarded under this subsection may not be used to pay for—
“(A) costs related to the recruitment, inducement, or associated financial or tangible incentives that might be offered to relocate an existing business from a geographic area to another geographic area; or
“(B) costs associated with offsetting revenues forgone by 1 or more taxing authorities through tax incentives, tax increment financing, special improvement districts, tax abatements for private development within designated zones or geographic areas, or other reduction in revenues resulting from tax credits affecting the geographic region of the eligible recipients.
“(4) Applications.—
“(A) In general.—An eligible recipient shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require.
“(B) Components.—Each application submitted under subparagraph (A) shall—
“(i) describe the regional innovation initiative;
“(ii) indicate whether the regional innovation initiative is supported by the private sector, State and local governments, and other relevant stakeholders;
“(iii) identify what activities the regional innovation initiative will undertake;
“(iv) describe the expected outcomes of the regional innovation initiative and the metrics the eligible recipient will use to assess progress toward those outcomes;
“(v) indicate whether the participants in the regional innovation initiative have access to, or contribute to, a well-trained workforce and other innovation assets that are critical to the successful outcomes specified in the application;
“(vi) indicate whether the participants in the regional innovation initiative are capable of attracting additional funds from non-Federal sources; and
“(vii) if appropriate for the activities proposed in the application, analyze the likelihood that the participants in the regional innovation initiative will be able to sustain activities after grant funds received under this subsection have been expended.
“(C) Feedback.—The Secretary shall provide feedback to program applicants that are not awarded grants to help them improve future applications.
“(D) Special considerations.—The Secretary shall give special consideration to—
“(i) applications proposing to include workforce or training related activities in their regional innovation initiative from eligible recipients who agree to collaborate with local workforce investment area boards; and
“(ii) applications from regions that contain communities negatively impacted by trade.
“(5) Cost share.—The Secretary may not provide more than 50 percent of the total cost of any activity funded under this subsection.
“(6) Outreach to rural communities.—The Secretary shall conduct outreach to public and private sector entities in rural communities to encourage those entities to participate in regional innovation initiatives under this subsection.
“(7) Geographic distribution.—In conducting a competitive process, the Secretary shall avoid undue geographic concentration among any one category of States based on their predominant rural or urban character as indicated by population density.
“(8) Funding.—The Secretary may accept funds from other Federal agencies to support grants and activities under this subsection.
“(d) Regional Innovation Research and Information Program.—
“(1) In general.—As part of the program established pursuant to subsection (b), the Secretary shall establish a regional innovation research and information program—
“(A) to gather, analyze, and disseminate information on best practices for regional innovation initiatives, including information relating to how innovation, productivity, and economic development can be maximized through such strategies;
“(B) to provide technical assistance, including through the development of technical assistance guides, for the development and implementation of regional innovation initiatives;
“(C) to support the development of relevant metrics and measurement standards to evaluate regional innovation initiatives, including the extent to which such strategies stimulate innovation, productivity, and economic development; and
“(D) to collect and make available data on regional innovation initiatives in the United States, including data on—
“(i) the size, specialization, and competitiveness of regional innovation initiatives;
“(ii) the regional domestic product contribution, total jobs and earnings by key occupations, establishment size, nature of specialization, patents, Federal research and development spending, and other relevant information for regional innovation initiatives; and
“(iii) supply chain product and service flows within and between regional innovation initiatives.
“(2) Research grants.—The Secretary may award research grants on a competitive basis to support and further the goals of the program established under this section.
“(3) Dissemination of information.—Data and analysis compiled by the Secretary under the program established in this subsection shall be made available to other Federal agencies, State and local governments, and nonprofit and for-profit entities.
“(4) Regional innovation grant program.—The Secretary shall incorporate data and analysis relating to any grant awarded under subsection (c) into the program established under this subsection.
“(e) Interagency Coordination.—
“(1) In general.—To the maximum extent practicable, the Secretary shall ensure that the activities carried out under this section are coordinated with, and do not duplicate the efforts of, other programs at the Department of Commerce or at other Federal agencies.
“(2) Collaboration.—
“(A) In general.—The Secretary shall explore and pursue collaboration with other Federal agencies, including through multi-agency funding opportunities, on regional innovation strategies.
“(B) Small businesses.—The Secretary shall ensure that such collaboration with Federal agencies prioritizes the needs and challenges of small businesses.
“(f) Evaluation.—
“(1) In general.—Not later than 5 years after Congress first appropriates funds to carry out this section, the Secretary shall competitively award a contract with an independent entity to conduct an evaluation of programs established under this section.
“(2) Requirements.—The evaluation conducted under paragraph (1) shall include—
“(A) an assessment of whether the program is achieving its goals;
“(B) the program’s efficacy in providing awards to geographically diverse entities;
“(C) any recommendations for how the program may be improved; and
“(D) a recommendation as to whether the program should be continued or terminated.
“(g) Reporting Requirement.—Not later than 5 years after the first grant is awarded under subsection (c), and every 5 years thereafter until 5 years after the last grant recipient completes the regional innovation initiative for which such grant was awarded, the Secretary shall submit a summary report to Congress that describes the outcome of each regional innovation initiative that was completed during the previous 5 years.
“(h) Funding.—From amounts appropriated by Congress to the Secretary, the Secretary may use up to $50,000,000 in each of the fiscal years 2020 through 2024 to carry out this section.”
“(E) an organization representing aircraft users, aircraft owners, or aircraft pilots.”