untitled

PUBLIC LAW 116–92—DEC. 20, 2019

NATIONAL DEFENSE AUTHORIZATION

ACT FOR FISCAL YEAR 2020

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133 STAT. 1198 PUBLIC LAW 116–92—DEC. 20, 2019

Public Law 116–92

116th Congress

An Act

To authorize appropriations for fiscal year 2020 for military activities of the Depart-

ment of Defense, for military construction, and for defense activities of the Depart-

ment of Energy, to prescribe military personnel strengths for such fiscal year,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization

Act for Fiscal Year 2020’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) D

IVISIONS

.—This Act is organized into four divisions as

follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security

Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(5) Division E—Intelligence Authorizations for Fiscal Years

2018, 2019, and 2020.

(6) Division F—Other Matters.

(b) T

ABLE OF

ONTENTS

.—The table of contents for this Act

is as follows:

Sec. 1. Short title.

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

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Authority of the Secretary of the Army to waive certain limitations re-

lated to the Distributed Common Ground System-Army Increment 1.

Subtitle C—Navy Programs

Sec. 121. Ford-class aircraft carrier cost limitation baselines.

Sec. 122. Modification of annual report on cost targets for certain aircraft carriers.

Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S.

Harry S. Truman.

Sec. 124. Ford class aircraft carrier support for F–35C aircraft.

Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force struc-

ture.

National Defense

Authorization

Act for Fiscal

Year 2020.

Dec. 20, 2019

[S. 1790]

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133 STAT. 1199 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 126. Modification of prohibition on availability of funds for Navy waterborne

security barriers.

Sec. 127. LHA Replacement Amphibious Assault Ship Program.

Sec. 128. Strategic sealift fleet vessel.

Sec. 129. Design and construction of amphibious transport dock designated LPD–

31.

Sec. 130. Limitation on availability of funds for the Littoral Combat Ship.

Sec. 131. Limitation on the next new class of Navy large surface combatants.

Sec. 132. Limitation on availability of funds pending quarterly updates on the CH–

53K King Stallion helicopter program.

Sec. 133. Limitation on availability of funds for VH–92A helicopter.

Sec. 134. Report on carrier wing and aviation combat element composition.

Subtitle D—Air Force Programs

Sec. 141. Modification of requirement to preserve certain C–5 aircraft.

Sec. 142. OC–135B aircraft recapitalization program.

Sec. 143. Requirement to align Air Force aviation force structure with National De-

fense Strategy.

Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mis-

sion aircraft inventory.

Sec. 145. Limitation on availability of funds for F–15EX aircraft.

Sec. 146. Limitation on availability of funds for VC–25B aircraft.

Sec. 147. Limitation on availability of funds for RC–26B aircraft.

Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft.

Sec. 149. Air Force aggressor squadron modernization.

Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.

Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER

missiles.

Sec. 152. Report on aircraft fleet of the Civil Air Patrol.

Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force.

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

Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F–

35 aircraft program.

Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts

for the F–35 aircraft program.

Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A air-

craft to the United States.

Sec. 164. Requirement to establish the use of an Agile DevOps software develop-

ment solution as an alternative for Joint Strike Fighter Autonomic Lo-

gistics Information System.

Sec. 165. F–35 sustainment cost.

Sec. 166. Reports on the progress and performance of the F–35 aircraft program.

Sec. 167. Other reports on the F–35 aircraft program.

Sec. 168. Limitation on availability of funds for communications systems lacking

certain resiliency features.

Sec. 169. Repeal of tactical unmanned vehicle common data link requirement.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Program on enhancement of preparation of dependents of members of

Armed Forces for careers in science, technology, engineering, and math-

ematics.

Sec. 212. Updates to the Department of Defense personnel management authority

to attract experts in science and engineering.

Sec. 213. Establishment of joint reserve detachment of the Defense Innovation

Unit.

Sec. 214. Research and educational programs and activities for Historically Black

Colleges and Universities and Minority-Serving Institutions of Higher

Education.

Sec. 215. Modification of authority for prizes for advanced technology achievements.

Sec. 216. Joint hypersonics transition office.

Sec. 217. Modification of proof of concept commercialization program.

Sec. 218. Modification of authority and addition of technology areas for expedited

access to technical talent.

Sec. 219. Expansion of coordination in support of national security innovation and

entrepreneurial education.

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133 STAT. 1200 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 220. Modification of defense quantum information science and technology re-

search and development program.

Sec. 221. Understanding of investments in artificial intelligence and development

of capabilities by adversaries.

Sec. 222. Advisory role of JASON scientific advisory group.

Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program.

Sec. 224. Requiring defense microelectronics products and services meet trusted

supply chain and operational security standards.

Sec. 225. Development and acquisition strategy to procure secure, low probability

of detection data link network capability.

Sec. 226. Establishment of secure next-generation wireless network (5G) infrastruc-

ture for the Nevada Test and Training Range and base infrastructure.

Sec. 227. Administration of manufacturing innovation institutes funded by the De-

partment of Defense.

Sec. 228. Research program on foreign malign influence operations.

Sec. 229. Diversification of the research and engineering workforce of the Depart-

ment of Defense.

Sec. 230. Policy on the talent management of digital expertise and software profes-

sionals.

Sec. 231. Digital engineering capability to automate testing and evaluation.

Sec. 232. Process to align policy formulation and emerging technology development.

Sec. 233. Improvement of the Strategic Capabilities Office of the Department of De-

fense.

Sec. 234. Pilot program on enhanced civics education.

Sec. 235. Technology and national security fellowship.

Sec. 236. Documentation relating to the Advanced Battle Management System.

Sec. 237. Sensor data integration for fifth generation aircraft.

Sec. 238. Sense of Congress on future vertical lift technologies.

Sec. 239. Use of funds for Strategic Environmental Research Program, Environ-

mental Security Technical Certification Program, and Operational En-

ergy Capability Improvement.

Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2

capability.

Subtitle C—Plans, Reports, and Other Matters

Sec. 251. Master plan for implementation of authorities relating to science and

technology reinvention laboratories.

Sec. 252. Infrastructure to support research, development, test, and evaluation mis-

sions.

Sec. 253. Energetics plan.

Sec. 254. Strategy and implementation plan for fifth generation information and

communications technologies.

Sec. 255. Department-wide software science and technology strategy.

Sec. 256. Artificial intelligence education strategy.

Sec. 257. Cyber science and technology activities roadmap and reports.

Sec. 258. Report on B–52 commercial engine replacement program.

Sec. 259. Commercial edge computing technologies and best practices for Depart-

ment of Defense warfighting systems.

Sec. 260. Biannual report on the Joint Artificial Intelligence Center.

Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 262. National Study on Defense Research At Historically Black Colleges and

Universities and Other Minority Institutions.

Sec. 263. Study on national security emerging biotechnologies for the Department

of Defense.

Sec. 264. Independent study on optimizing resources allocated to Combating Ter-

rorism Technical Support Office.

Sec. 265. Independent assessment of electronic warfare plans and programs.

Sec. 266. Technical correction to Global Research Watch Program.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Timeline for Clearinghouse review of applications for energy projects that

may have an adverse impact on military operations and readiness.

Sec. 312. Authority to accept contributions of funds from applicants for energy

projects for mitigation of impacts on military operations and readiness.

Sec. 313. Use of proceeds from sale of recyclable materials.

Sec. 314. Disposal of recyclable materials.

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133 STAT. 1201 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 315. Department of Defense improvement of previously conveyed utility sys-

tems serving military installations.

Sec. 316. Modification of Department of Defense environmental restoration authori-

ties to include Federal Government facilities used by National Guard.

Sec. 317. Use of operational energy cost savings of Department of Defense.

Sec. 318. Sale of electricity from alternate energy and cogeneration production fa-

cilities.

Sec. 319. Energy resilience programs and activities.

Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions

relating to energy.

Sec. 321. Transfer authority for funding of study and assessment on health implica-

tions of per- and polyfluoroalkyl substances contamination in drinking

water by Agency for Toxic Substances and Disease Registry.

Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free

fire-fighting agent.

Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming

foam at military installations.

Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training

exercises.

Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter

aircraft operate.

Sec. 326. Development of extreme weather vulnerability and risk assessment tool.

Sec. 327. Removal of barriers that discourage investments to increase military in-

stallation resilience.

Sec. 328. Budgeting of Department of Defense relating to extreme weather.

Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances

in Meals Ready-to-Eat Food Packaging.

Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or

aqueous film-forming foam.

Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and

polyfluoroalkyl substances and other contaminants of concern.

Sec. 332. Cooperative agreements with States to address contamination by

perfluoroalkyl and polyfluoroalkyl substances.

Sec. 333. Plan to phase out use of burn pits.

Sec. 334. Information relating to locations of burn pit use.

Sec. 335. Data quality review of radium testing conducted at certain locations of

the Department of the Navy.

Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in

connection with the Twin Cities Army Ammunition Plant, Minnesota.

Sec. 337. Pilot program for availability of working-capital funds for increased com-

bat capability through energy optimization.

Sec. 338. Report on efforts to reduce high energy intensity at military installations.

Subtitle C—Treatment of Contaminated Water Near Military Installations

Sec. 341. Short title.

Sec. 342. Definitions.

Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA)

and perfluorooctane sulfonate (PFOS) for agricultural purposes.

Sec. 344. Acquisition of real property by Air Force.

Sec. 345. Remediation plan.

Subtitle D—Logistics and Sustainment

Sec. 351. Materiel readiness metrics and objectives.

Sec. 352. Clarification of authority regarding use of working-capital funds for un-

specified minor military construction projects related to revitalization

and recapitalization of defense industrial base facilities.

Sec. 353. Modification to limitation on length of overseas forward deployment of

naval vessels.

Sec. 354. Extension of temporary installation reutilization authority for arsenals,

depots, and plants.

Sec. 355. F–35 Joint Strike Fighter sustainment.

Sec. 356. Report on strategic policy for prepositioned materiel and equipment.

Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills.

Sec. 358. Requirement for military department inter-service depot maintenance.

Sec. 359. Strategy to improve infrastructure of certain depots of the Department of

Defense.

Subtitle E—Reports

Sec. 361. Readiness reporting.

Sec. 362. Technical correction to deadline for transition to Defense Readiness Re-

porting System Strategic.

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133 STAT. 1202 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 363. Report on Navy ship depot maintenance budget.

Sec. 364. Report on Runit Dome.

Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in

monthly readiness reporting on military units.

Sec. 366. Requirement to include foreign language proficiency in readiness report-

ing systems of Department of Defense.

Subtitle F—Other Matters

Sec. 371. Prevention of encroachment on military training routes and military oper-

ations areas.

Sec. 372. Expansion and enhancement of authorities on transfer and adoption of

military animals.

Sec. 373. Extension of authority for Secretary of Defense to use Department of De-

fense reimbursement rate for transportation services provided to certain

non-Department of Defense entities.

Sec. 374. Extension of authority of Secretary of Transportation to issue non-pre-

mium aviation insurance.

Sec. 375. Defense personal property program.

Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.

Sec. 377. Sense of Congress regarding Innovative Readiness Training program.

Sec. 378. Detonation chambers for explosive ordnance disposal.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

for operational support.

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

Sec. 416. Modification of authorized strength of Air Force Reserve serving on full-

time reserve component duty for administration of the reserves or the

National Guard.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Maker of original appointments in a regular or reserve component of com-

missioned officers previously subject to original appointment in other

type of component.

Sec. 502. Furnishing of adverse information on officers to promotion selection

boards.

Sec. 503. Limitation on number of officers recommendable for promotion by pro-

motion selection boards.

Sec. 504. Expansion of authority for continuation on active duty of officers in cer-

tain military specialties and career tracks.

Sec. 505. Management policies for joint qualified officers.

Sec. 506. Modification of authorities on management of deployments of members of

the Armed Forces and related unit operating and personnel tempo mat-

ters.

Sec. 507. Personnel tempo of the Armed Forces and the United States Special Op-

erations Command during periods of inapplicability of high-deployment

limitations.

Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in

general and flag officer grades.

Sec. 509. Higher grade in retirement for officers following reopening of determina-

tion or certification of retired grade.

Sec. 510. Authority of promotion boards to recommend that officers of particular

merit be placed higher on promotion list.

Sec. 510A. Availability on the internet of certain information about officers serving

in general or flag officer grades.

Sec. 510B. Functional badge or insignia upon commission for chaplains.

Subtitle B—Reserve Component Management

Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training

Corps.

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133 STAT. 1203 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Offi-

cers’ Training Corps.

Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers’ Training

Corps units.

Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve.

Sec. 515. Extension and periodic evaluation of suicide prevention and resilience

program for the reserve components.

Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical

specialties in the reserve components.

Sec. 517. Modernization of inspection authorities applicable to the National Guard.

Sec. 518. Consultation with Chief of the National Guard Bureau in the appoint-

ment or designation of National Guard property and fiscal officers.

Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps.

Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit va-

cancy promotions by commanders of associated active duty units.

Sec. 520A. Report on methods to enhance domestic response to large scale, complex

and catastrophic disasters.

Sec. 520B. Report and briefing on the Senior Reserve Officers’ Training Corps.

Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers’

Training Corps units.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Advice and counsel of trauma experts in review by boards for correction

of military records and discharge review boards of certain claims.

Sec. 522. Reduction in required number of members of discharge review boards.

Sec. 523. Establishment of process to review a request for upgrade of discharge or

dismissal.

Sec. 524. Prohibition on reduction in the number of personnel assigned to duty

with a service review agency.

Sec. 525. Training of members of boards for correction of military records and dis-

charge review boards on sexual trauma, intimate partner violence,

spousal abuse, and related matters.

Sec. 526. Time requirements for certification of honorable service.

Sec. 527. Correction of certain discharge characterizations.

Sec. 528. Development of guidelines for use of unofficial sources of information to

determine eligibility of members and former members of the Armed

Forces for decorations when the service records are incomplete because

of damage to the official record.

Sec. 529. Strategic plan for diversity and inclusion.

Sec. 530. Study regarding screening individuals who seek to enlist in the Armed

Forces.

Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Secu-

rity of honorable discharges of non-citizens.

Sec. 530B. Sense of Congress regarding accession physicals.

Subtitle D—Military Justice

Sec. 531. Expansion of pre-referral matters reviewable by military judges and mili-

tary magistrates in the interest of efficiency in military justice.

Sec. 532. Command influence.

Sec. 533. Statute of limitations for certain offenses.

Sec. 534. Public access to dockets, filings, and court records of courts-martial or

other records of trial of the military justice system.

Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution,

and Defense of Sexual Assault in the Armed Forces.

Sec. 536. Authority for return of personal property to victims of sexual assault who

file a Restricted Report before conclusion of related proceedings.

Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code

of Military Justice.

Sec. 538. Notification of significant events and documentation of preference for

prosecution jurisdiction for victims of sexual assault.

Sec. 539. Increase in number of digital forensic examiners for certain military

criminal investigative organizations.

Sec. 540. Increase in investigative personnel and Victim Witness Assistance Pro-

gram liaisons.

Sec. 540A. Training for sexual assault initial disposition authorities on exercise of

disposition authority for sexual assault and collateral offenses.

Sec. 540B. Training for commanders in the Armed Forces on their role in all stages

of military justice in connection with sexual assault.

Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.

Sec. 540D. Department of Defense-wide policy and military department-specific

programs on reinvigoration of the prevention of sexual assault involving

members of the Armed Forces.

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133 STAT. 1204 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 540E. Recommendations on separate punitive article in the Uniform Code of

Military Justice on sexual harassment.

Sec. 540F. Report on military justice system involving alternative authority for de-

termining whether to prefer or refer changes for felony offenses under

the Uniform Code of Military Justice.

Sec. 540G. Report on standardization among the military departments in collection

and presentation of information on matters within the military justice

system.

Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed

Forces.

Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military jus-

tice system.

Sec. 540J. Pilot programs on defense investigators in the military justice system.

Sec. 540K. Report on preservation of recourse to restricted report on sexual assault

for victims of sexual assault following certain victim or third-party com-

munications.

Sec. 540L. Report on establishment of guardian ad litem program for certain mili-

tary dependents who are a victim or witness of an offense under the

Uniform Code of Military Justice involving abuse or exploitation.

Sec. 540M. Comptroller General of the United States report on implementation by

the Armed Forces of recent statutory requirements on sexual assault

prevention and response in the military.

Sec. 540N. Sense of Congress on the Port Chicago 50.

Subtitle E—Other Legal Matters

Sec. 541. Improvement of certain Special Victims’ Counsel authorities.

Sec. 542. Availability of Special Victims’ Counsel at military installations.

Sec. 543. Notification of issuance of military protective order to civilian law enforce-

ment.

Sec. 544. Copyright protection for civilian faculty of certain accredited institutions.

Sec. 545. Termination of leases of premises and motor vehicles of servicemembers

who incur catastrophic injury or illness or die while in military service.

Sec. 546. Military orders required for termination of leases pursuant to the

Servicemembers Civil Relief Act.

Sec. 547. Preservation of right to bring class action under Servicemembers Civil

Relief Act.

Sec. 548. Legal counsel for victims of alleged domestic violence offenses.

Sec. 549. Notice to victims of alleged sexual assault of pendency of further adminis-

trative action following a determination not to refer to trial by court-

martial.

Sec. 550. Treatment of information in Catch a Serial Offender Program for certain

purposes.

Sec. 550A. Policies and procedures on registration at military installations of civil-

ian protective orders applicable to members of the Armed Forces as-

signed to such installations and certain other individuals.

Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 550C. Training for Special Victims’ Counsel on civilian criminal justice mat-

ters in the States of the military installations to which assigned.

Sec. 550D. Enhancing the capability of military criminal investigative organiza-

tions to prevent and combat child sexual exploitation.

Sec. 550E. Feasibility study on establishment of database of military protective or-

ders.

Sec. 550F. GAO review of USERRA and SCRA.

Subtitle F—Member Education

Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as

students at law schools.

Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program.

Sec. 553. Degree granting authority for United States Army Armament Graduate

School; limitation on establishment of certain educational institutions.

Sec. 554. Prohibition on off-duty employment for cadets and midshipmen com-

pleting obligated service after graduation.

Sec. 555. Consideration of request for transfer of a cadet or midshipman at a mili-

tary service academy who is the victim of a sexual assault or related of-

fense.

Sec. 556. Redesignation of the Commandant of the United States Air Force Insti-

tute of Technology as the Director and Chancellor of such Institute.

Sec. 557. Eligibility of additional enlisted members for associate degree programs

of the Community College of the Air Force.

Sec. 558. Speech disorders of cadets and midshipmen.

Sec. 559. Requirement to continue provision of tuition assistance for members of

the Armed Forces.

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133 STAT. 1205 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 560. Information on institutions of higher education participating in the De-

partment of Defense Tuition Assistance Program.

Sec. 560A. Inclusion of information on free credit monitoring in annual financial

literacy briefing.

Sec. 560B. Programs to facilitate the award of private pilot’s certificates.

Subtitle G—Member Training and Transition

Sec. 561. Requirement to provide information regarding benefits claims to members

during TAP counseling.

Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship

and internship program for members of the Armed Forces.

Sec. 563. First modification of elements of report on the improved Transition As-

sistance Program.

Sec. 564. Second modification of elements of report on the improved Transition As-

sistance Program.

Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit De-

pots.

Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries

of the military departments.

Sec. 567. Review of Department of Defense training programs regarding

disinformation campaigns.

Sec. 568. Command matters in connection with transition assistance programs.

Sec. 569. Machine readability and electronic transferability of Certificate of Release

or Discharge from Active Duty (DD Form 214).

Sec. 570. Records of service for Reserves.

Sec. 570A. Limitations and requirements in connection with separations for mem-

bers of the Armed Forces who suffer from mental health conditions in

connection with a sex-related, intimate partner violence-related, or

spousal-abuse offense.

Sec. 570B. Prohibition on involuntary separation of certain members of the Armed

Forces; consideration of military service in removal determinations.

Sec. 570C. Inclusion of question regarding immigration status on preseparation

counseling checklist (DD Form 2648).

Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the

United States on naturalization in the United States.

Sec. 570E. Pilot program on information sharing between Department of Defense

and designated relatives and friends of members of the Armed Forces

regarding the experiences and challenges of military service.

Sec. 570F. Connections of members retiring or separating from the Armed Forces

with community-based organizations and related entities.

Sec. 570G. Pilot program regarding online application for the Transition Assistance

Program.

Subtitle H—Military Family Readiness and Dependents’ Education

Sec. 571. Authorizing members to take leave for a birth or adoption in more than

one increment.

Sec. 572. Deferred deployment for members who give birth.

Sec. 573. Authority of the Secretary concerned to transport remains of a covered

decedent to no more than two places selected by the person designated

to direct disposition of the remains.

Sec. 574. Military funeral honors matters.

Sec. 575. Improvement of occupational license portability for relocated spouses of

members of the uniformed services.

Sec. 576. Continued eligibility for education and training opportunities for spouses

of promoted members.

Sec. 577. Modification to authority to reimburse for State licensure and certifi-

cation costs of a spouse of a servicemember arising from relocation.

Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11

Educational Assistance Program.

Sec. 579. Annual State report card.

Sec. 580. Improvements to child care for members of the Armed Forces.

Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin.

Sec. 580B. Meetings of officials of the Department of Defense with representative

groups of survivors of deceased members of the Armed Forces.

Sec. 580C. Information and opportunities for registration for voting and absentee

ballot requests for members of the Armed Forces undergoing deploy-

ment overseas.

Sec. 580D. Study on two-way military ballot barcode tracking.

Sec. 580E. Assistance to schools with military dependent students.

Sec. 580F. First expansion of the My Career Advancement Account program for

military spouses.

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133 STAT. 1206 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 580G. Second expansion of the My Career Advancement Account program for

military spouses.

Sec. 580H. Report on training and support available to military spouses.

Sec. 580I. Ri’katak Guest Student Program at United States Army

Garrison¥Kwajalein Atoll.

Subtitle I—Decorations and Awards

Sec. 581. Modification of authorities on eligibility for and replacement of gold star

lapel buttons.

Sec. 582. Standardization of honorable service requirement for award of military

decorations.

Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts

of valor in Vietnam.

Sec. 584. Review of World War I valor medals.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Clarification of the term ‘‘assault’’ for purposes of Workplace and Gender

Relations Surveys.

Sec. 592. Inclusion of certain veterans on temporary disability or permanent dis-

abled retirement lists in military adaptive sports programs.

Sec. 593. Questions in surveys regarding extremist activity in the workplace.

Sec. 594. Study on best practices for providing financial literacy education for sepa-

rating members of the Armed Forces.

Sec. 595. Report on oversight of authorized strengths of certain grades of commis-

sioned regular and reserve officers of the Armed Forces.

Sec. 596. Report on certain waivers.

Sec. 597. Notifications on manning of afloat naval forces.

Sec. 598. Report regarding use of aerial systems of the Department of Defense to

support agencies of States, Territories, and the Federal Government.

Sec. 599. Information for members of the Armed Forces on availability of services

of the Department of Veterans Affairs relating to sexual trauma.

Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee,

United States Air Force (ret.), to the grade of brigadier general.

Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieuten-

ant Colonel Richard Cole, United States Air Force (ret.), to the grade

of colonel.

Sec. 599C. Sense of Congress on the honorable and distinguished service of General

Joseph F. Dunford, United States Marine Corps, to the United States.

TITLE VI—MILITARY COMPENSATION

Subtitle A—Pay and Allowances

Sec. 601. Clarification of continuation of pays during hospitalization and rehabilita-

tion resulting from wounds, injury, or illness incurred while on duty in

a hostile fire area or exposed to an event of hostile fire or other hostile

action.

Sec. 602. Continued entitlements while a member of the Armed Forces participates

in a career intermission program.

Sec. 603. Exemption from repayment of voluntary separation pay.

Sec. 604. Consideration of service on active duty to reduce age of eligibility for re-

tired pay for non-regular service.

Sec. 605. Temporary adjustment of rates of basic allowance for housing following

determination that local civilian housing costs significantly differ from

such rates.

Sec. 606. Reinvestment of travel refunds by the Department of Defense.

Sec. 607. Addition of partial dislocation allowance to allowable travel and transpor-

tation expenses for servicemembers.

Sec. 608. Reductions on account of earnings from work performed while entitled to

an annuity supplement.

Sec. 609. Increase in basic pay.

Subtitle B—Bonuses and Special Incentive Pays

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

Subtitle C—Family and Survivor Benefits

Sec. 621. Expansion of eligibility for exceptional transitional compensation for de-

pendents to dependents of current members.

Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by

amount of dependency and indemnity compensation.

Sec. 623. Death gratuity for ROTC graduates.

Sec. 624. Expansion of authority to provide financial assistance to civilian providers

of child care services or youth program services who provide such serv-

ices to survivors of members of the Armed Forces who die in combat in

the line of duty.

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133 STAT. 1207 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.

Subtitle D—Defense Resale Matters

Sec. 631. Defense resale system matters.

Sec. 632. Procurement by commissary stores of certain locally sourced products.

Sec. 633. GAO review of defense resale optimization study.

Subtitle E—Morale, Welfare, and Recreation Privileges

Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign

Service officers on mandatory home leave.

Sec. 642. Extension of pilot program on a Government lodging program.

Subtitle F—Reports and Other Matters

Sec. 651. Annual reports on approval of employment or compensation of retired

general or flag officers by foreign governments for emoluments clause

purposes.

Sec. 652. Report regarding transition from overseas housing allowance to basic al-

lowance for housing for servicemembers in the territories.

Sec. 653. Report on extension to members of the reserve components of the Armed

Forces of special and incentive pays for members of the Armed Forces

not currently payable to members of the reserve components.

Sec. 654. Study regarding recoupment of separation pay, special separation bene-

fits, and voluntary separation incentive payments from members of the

Armed Forces and veterans who receive disability compensation under

laws administered by the Secretary of Veterans Affairs.

Sec. 655. Report on implementation of contributions to the Department of Defense

Military Retirement Fund based on pay costs per Armed Force rather

than on Armed Forces-wide basis.

Sec. 656. Report on food insecurity among members of the Armed Forces and their

dependents.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain mem-

bers of the Selected Reserve.

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

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

Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne

contaminants as part of periodic health assessments and other physical

examinations.

Sec. 705. Enhancement of recordkeeping with respect to exposure by members of

the Armed Forces to certain occupational and environmental hazards

while deployed overseas.

Sec. 706. Modifications to post-deployment mental health assessments for members

of the Armed Forces deployed in support of a contingency operation.

Sec. 707. Provision of blood testing for firefighters of Department of Defense to de-

termine exposure to perfluoroalkyl and polyfluoroalkyl substances.

Subtitle B—Health Care Administration

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

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

commands.

Sec. 713. Requirements for certain prescription drug labels.

Sec. 714. Officers authorized to command Army dental units.

Sec. 715. Improvements to interagency program office of the Department of De-

fense and the Department of Veterans Affairs.

Sec. 716. Expansion of strategy to improve acquisition of managed care support

contracts under TRICARE program.

Sec. 717. Inclusion of blast exposure history in medical records of members of the

Armed Forces.

Sec. 718. Comprehensive policy for provision of mental health care to members of

the Armed Forces.

Sec. 719. Limitation on the realignment or reduction of military medical manning

end strength.

Sec. 720. Strategy to recruit and retain mental health providers.

Sec. 721. Development of partnerships to improve combat casualty care for per-

sonnel of the Armed Forces.

Sec. 722. Modification to referrals for mental health services.

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133 STAT. 1208 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle C—Reports and Other Matters

Sec. 731. Authorization of claims by members of the uniformed services against the

United States for personal injury or death caused by medical mal-

practice.

Sec. 732. Extension and clarification of authority for Joint Department of Defense-

Department of Veterans Affairs Medical Facility Demonstration Fund.

Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Founda-

tion for the Advancement of Military Medicine.

Sec. 734. Establishment of Academic Health System in National Capital Region.

Sec. 735. Provision of veterinary services by veterinary professionals of the Depart-

ment of Defense in emergencies.

Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care

Sharing Incentive Fund.

Sec. 737. Preservation of resources of the Army Medical Research and Materiel

Command and continuation as Center of Excellence.

Sec. 738. Encouragement of participation in Women’s Health Transition Training

pilot program.

Sec. 739. National Guard suicide prevention pilot program.

Sec. 740. Pilot Program on civilian and military partnerships to enhance interoper-

ability and medical surge capability and capacity of National Disaster

Medical System.

Sec. 741. Reports on suicide among members of the Armed Forces and suicide pre-

vention programs and activities of the Department of Defense.

Sec. 742. Modification of requirements for longitudinal medical study on blast pres-

sure exposure of members of the Armed Forces and collection of expo-

sure information.

Sec. 743. Study and plan on the use of military-civilian integrated health delivery

systems.

Sec. 744. Study on case management in the military health system.

Sec. 745. Report on Global Health Security Strategy and the National Biodefense

Security.

Sec. 746. Study on establishment of wounded warrior service dog program.

Sec. 747. GAO report on Department of Defense quality assurance program and im-

pacts of medical malpractice actions.

Sec. 748. Reports on Millennium Cohort Study relating to women members of the

Armed Forces.

Sec. 749. Study on effects of sleep deprivation on readiness of members of the

Armed Forces.

Sec. 750. Study and report on traumatic brain injury mitigation efforts.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 800. Authority for continuous integration and delivery of software applications

and upgrades to embedded systems.

Sec. 801. Pilot program on intellectual property evaluation for acquisition pro-

grams.

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

Sec. 803. Failure to provide other than certified cost or pricing data upon request.

Sec. 804. Comptroller General report on price reasonableness.

Sec. 805. Limitation on transfer of funds related to cost overruns and cost

underruns.

Sec. 806. Standardizing data collection and reporting on use of source selection pro-

cedures by Federal agencies.

Sec. 807. Department of Defense use of fixed-price contracts.

Sec. 808. Repeal of continuation of data rights during challenges.

Sec. 809. Repeal of authority to waive acquisition laws to acquire vital national se-

curity capabilities.

Sec. 810. Repeal of the Defense Cost Accounting Standards Board.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and

Limitations

Sec. 815. Modification of Director of Operational Test and Evaluation report.

Sec. 816. Modification of written approval requirement for task and delivery order

single contract awards.

Sec. 817. Responsibility for data analysis and requirements validation for services

contracts.

Sec. 818. Documentation of market research related to commercial item determina-

tions.

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133 STAT. 1209 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 819. Availability of data on the use of other transaction authority and report

on the use of authority to carry out prototype projects.

Sec. 820. Notification of Navy procurement production disruptions.

Sec. 821. Modification to acquisition authority of the Commander of the United

States Cyber Command.

Sec. 822. Extension of Never Contract With the Enemy.

Sec. 823. Modification of justification and approval requirement for certain Depart-

ment of Defense contracts.

Sec. 824. Extension of sunset relating to Federal Data Center Consolidation Initia-

tive.

Sec. 825. Pilot program to accelerate contracting and pricing processes.

Sec. 826. Uniformity in application of micro-purchase threshold to certain task or

delivery orders.

Sec. 827. Requirement for cost estimates on models of commercial e-commerce por-

tal program.

Subtitle C—Provisions Relating to Major Defense Acquisition Programs

Sec. 830. Modification of requirements for reporting to Congress on certain acquisi-

tion programs.

Sec. 831. Pilot program to streamline decision-making processes for weapon sys-

tems.

Sec. 832. Analysis of alternatives pursuant to materiel development decisions.

Sec. 833. Naval vessel certification required before Milestone B approval.

Subtitle D—Provisions Relating to the Acquisition System

Sec. 835. Extramural acquisition innovation and research activities.

Sec. 836. Report on realignment of the defense acquisition system to implement ac-

quisition reforms.

Sec. 837. Report and limitation on the availability of funds relating to the ‘‘middle

tier’’ of acquisition programs.

Sec. 838. Report on intellectual property policy and the cadre of intellectual prop-

erty experts.

Sec. 839. Guidance and reports relating to covered defense business systems.

Sec. 840. Implementation guidance for use of a modular open system approach.

Sec. 841. Limitation on availability of funds for the Office of the Chief Management

Officer of the Department of Defense.

Subtitle E—Industrial Base Matters

Sec. 845. Modernization of acquisition processes to ensure integrity of industrial

base.

Sec. 846. Report requirements for the national technology and industrial base.

Sec. 847. Mitigating risks related to foreign ownership, control, or influence of De-

partment of Defense contractors or subcontractors.

Sec. 848. Prohibition on operation or procurement of foreign-made unmanned air-

craft systems.

Sec. 849. Modification of prohibition on acquisition of sensitive materials from non-

allied foreign nations.

Sec. 850. Acquisition and disposal of certain rare earth materials.

Sec. 851. Pilot program for development of technology-enhanced capabilities with

partnership intermediaries.

Sec. 852. Authorized official to carry out the procurement technical assistance coop-

erative agreement program.

Sec. 853. Requirement that certain ship components be manufactured in the na-

tional technology and industrial base.

Sec. 854. Addition of domestically produced stainless steel flatware and dinnerware

to the Berry Amendment.

Sec. 855. Application of miscellaneous technology base policies and programs to the

Columbia-class submarine program.

Sec. 856. Application of limitation on procurement of goods other than United

States goods to the FFG–Frigate Program.

Sec. 857. Sense of Congress regarding consideration of price in procurement of the

FFG(X) frigate.

Subtitle F—Provisions Relating to Acquisition Workforce

Sec. 860. Establishment of Defense Civilian Training Corps.

Sec. 861. Defense acquisition workforce certification, education, and career fields.

Sec. 862. Software development and software acquisition training and management

programs.

Sec. 863. Modification of temporary assignments of Department of Defense employ-

ees to a private-sector organization.

Sec. 864. Incentives and consideration for qualified training programs.

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133 STAT. 1210 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 865. Use of qualified apprentices by military construction contractors.

Subtitle G—Small Business Matters

Sec. 870. Requirements relating to credit for certain small business concern sub-

contractors.

Sec. 871. Inclusion of best in class designations in annual report on small business

goals.

Sec. 872. Reauthorization and improvement of Department of Defense Mentor-Pro-

tege Program.

Sec. 873. Accelerated payments applicable to contracts with certain small business

concerns under the Prompt Payment Act.

Sec. 874. Postaward explanations for unsuccessful offerors for certain contracts.

Sec. 875. Small business contracting credit for subcontractors that are Puerto Rico

businesses or covered territory businesses.

Sec. 876. Technical amendment regarding treatment of certain surviving spouses

under the definition of small business concern owned and controlled by

service-disabled veterans.

Sec. 877. Extension of loan assistance and deferral eligibility to reservists and

members of the National Guard beyond periods of military conflict.

Sec. 878. Modification to the Defense Research and Development Rapid Innovation

Program.

Sec. 879. Alignment of the Department of Defense Small Business Innovation Re-

search Program and Small Business Technology Transfer Program with

the National Defense Science and Technology Strategy.

Sec. 880. Assistance for small business concerns participating in the SBIR and

STTR programs.

Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs.

Sec. 882. Funding for defense research activities of small business concerns.

Sec. 883. Modifications to budget display requirements for the Department of De-

fense Small Business Innovation Research Program and Small Business

Technology Transfer Program.

Sec. 884. Pilot program for domestic investment under the SBIR program.

Subtitle H—Other Matters

Sec. 885. Review of guidance to contractors on nondiscrimination on the basis of

sex.

Sec. 886. Comptroller General report on contractor violations of certain labor laws.

Sec. 887. Comptroller General report on contingency contracting.

Sec. 888. Policies and procedures for contractors to report gross violations of inter-

nationally recognized human rights.

Sec. 889. Comptroller General report on oversight of contractors providing private

security functions.

Sec. 890. Prohibition on contracting with persons that have business operations

with the Maduro regime.

Sec. 891. Report on the Combating Trafficking in Persons initiative.

Sec. 892. Improved management of information technology and cyberspace invest-

ments.

Sec. 893. Modification to requirements for purchase of commercial leasing services

pursuant to multiple award contracts.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Headquarters activities of the Department of Defense matters.

Sec. 902. Clarifying the roles and responsibilities of the Under Secretary of Defense

for Acquisition and Sustainment and the Under Secretary of Defense for

Research and Engineering.

Sec. 903. Return to Chief Information Officer of the Department of Defense of re-

sponsibility for business systems and related matters.

Sec. 904. Assessments of responsibilities and authorities of the Chief Management

Officer of the Department of Defense.

Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal Cyber Ad-

visor.

Sec. 906. Exclusion from limitations on personnel in the Office of the Secretary of

Defense and Department of Defense headquarters of fellows appointed

under the John S. McCain Defense Fellows Program.

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

and Elements

Sec. 911. Codification of Assistant Secretaries for Energy, Installations, and Envi-

ronment of the Army, Navy, and Air Force.

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133 STAT. 1211 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle C—Other Department of Defense Organization and Management Matters

Sec. 921. Prohibition on ownership or trading of stocks in certain companies by cer-

tain officials of the Department of Defense.

Sec. 922. Limitation on consolidation of Defense Media Activity.

Sec. 923. Report on resources to implement the civilian casualty policy of the De-

partment of Defense.

Subtitle D—United States Space Force

Sec. 951. Short title.

Sec. 952. The Space Force.

Sec. 953. Chief of Space Operations.

Sec. 954. Space Force Acquisition Council.

Sec. 955. Assistant Secretary of Defense for Space Policy.

Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and Integra-

tion.

Sec. 957. Service Acquisition Executive of the Department of the Air Force for

Space Systems and Programs.

Sec. 958. Conforming amendments and clarification of authorities.

Sec. 959. Effects on military installations.

Sec. 960. Availability of funds.

Sec. 961. Implementation.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Defense Business Audit Remediation Plan.

Sec. 1003. Financial improvement and audit remediation plan.

Sec. 1004. Reporting requirements relating to Department of Defense audits.

Sec. 1005. Inclusion of certain military construction projects in annual reports on

unfunded priorities of the Armed Forces and the combatant commands.

Sec. 1006. Prohibition on delegation of responsibility for submittal to Congress of

Out-Year Unconstrained Total Munitions Requirements and Out-Year

Inventory numbers.

Sec. 1007. Annual budget justification display for service-common and other sup-

port and enabling capabilities for special operations forces.

Sec. 1008. Element in annual reports on the Financial Improvement and Audit Re-

mediation Plan on activities with respect to classified programs.

Sec. 1009. Plan of the Department of Defense for financial management informa-

tion.

Sec. 1010. Update of authorities and renaming of Department of Defense Acquisi-

tion Workforce Development Fund.

Sec. 1011. Transparency of accounting firms used to support Department of De-

fense audit.

Sec. 1012. Modification of required elements of annual reports on emergency and

extraordinary expenses of the Department of Defense.

Subtitle B—Counterdrug Activities

Sec. 1021. Modification of authority to support a unified counterdrug and counter-

terrorism campaign in Colombia.

Sec. 1022. Extension of authority for joint task forces to provide support to law en-

forcement agencies conducting counter-terrorism activities.

Sec. 1023. Sense of Congress regarding Department of Defense counterdrug activi-

ties in the transit zone and Caribbean basin.

Sec. 1024. Assessment of impact of any planned or proposed border wall on volume

of illegal narcotics.

Subtitle C—Naval Vessels

Sec. 1031. Modification of authority to purchase vessels using funds in National

Defense Sealift Fund.

Sec. 1032. Use of National Defense Sealift Fund for procurement of two used ves-

sels.

Sec. 1033. Transportation by sea of supplies for the Armed Forces and Defense

Agencies.

Sec. 1034. Senior Technical Authority for each naval vessel class.

Sec. 1035. Permanent authority for sustaining operational readiness of littoral com-

bat ships on extended deployment.

Sec. 1036. Formal training for shipboard system programs of record.

Sec. 1037. Report on shipbuilder training and the defense industrial base.

Sec. 1038. Use of competitive procedures for CVN–80 and CVN–81 dual aircraft

carrier contract.

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133 STAT. 1212 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 1039. Report on expanding naval vessel maintenance.

Subtitle D—Counterterrorism

Sec. 1041. Modification of support of special operations to combat terrorism.

Sec. 1042. Extension of prohibition on use of funds for transfer or release of indi-

viduals detained at United States Naval Station, Guantanamo Bay,

Cuba, to certain countries.

Sec. 1043. Extension of prohibition on use of funds for transfer or release of indi-

viduals detained at United States Naval Station, Guantanamo Bay,

Cuba, to the United States.

Sec. 1044. Extension of prohibition on use of funds to construct or modify facilities

in the United States to house detainees transferred from United States

Naval Station, Guantanamo Bay, Cuba.

Sec. 1045. Extension of prohibition on use of funds to close or relinquish control of

United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1046. Chief Medical Officer at United States Naval Station, Guantanamo Bay,

Cuba.

Sec. 1047. Independent assessment on gender and countering violent extremism.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1051. Scheduling of Department of Defense executive aircraft controlled by

Secretaries of military departments.

Sec. 1052. Explosive ordnance defense disposal program.

Sec. 1053. Technical correction and extension of reporting requirement regarding

enhancement of information sharing and coordination of military train-

ing between Department of Homeland Security and Department of De-

fense.

Sec. 1054. Notification on the provision of defense sensitive support.

Sec. 1055. Revision to authorities relating to mail service for members of the

Armed Forces and Department of Defense civilians overseas.

Sec. 1056. Access to and use of military post offices by United States citizens em-

ployed overseas by the North Atlantic Treaty Organization who perform

functions in support of military operations of the Armed Forces.

Sec. 1057. Expenditure of funds for Department of Defense intelligence and coun-

terintelligence activities.

Sec. 1058. Limitation on use of funds for the inactivation of Army watercraft units.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Subtitle A—General Provisions

Sec. 1101. Defense Advanced Research Projects Agency personnel management au-

thority.

Sec. 1102. Report on the probationary period for Department of Defense employees.

Sec. 1103. Civilian personnel management.

Sec. 1104. One-year extension of temporary authority to grant allowances, benefits,

and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1105. One-year extension of authority to waive annual limitation on premium

pay and aggregate limitation on pay for Federal civilian employees

working overseas.

Sec. 1106. Performance of civilian functions by military personnel.

Sec. 1107. Extension of direct hire authority for domestic industrial base facilities

and Major Range and Test Facilities Base.

Sec. 1108. Authority to provide additional allowances and benefits for certain De-

fense Clandestine Service employees.

Sec. 1109. Modification of direct hire authorities for the Department of Defense.

Sec. 1110. Designating certain FEHBP and FEGLI services provided by Federal

employees as excepted services under the Anti-Deficiency Act.

Sec. 1111. Continuing supplemental dental and vision benefits and long-term care

insurance coverage during a Government shutdown.

Sec. 1112. Limitation on transfer of Office of Personnel Management.

Sec. 1113. Assessment of Accelerated Promotion Program suspension.

Sec. 1114. Reimbursement for Federal, State, and local income taxes incurred dur-

ing travel, transportation, and relocation.

Sec. 1115. Clarification of limitation on expedited hiring authority for post-sec-

ondary students.

Sec. 1116. Modification of temporary assignments of Department of Defense em-

ployees to a private-sector organization.

Sec. 1117. Extension of authority for part-time reemployment.

Subtitle B—Fair Chance Act

Sec. 1121. Short title.

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Sec. 1122. Prohibition on criminal history inquiries prior to conditional offer for

Federal employment.

Sec. 1123. Prohibition on criminal history inquiries by contractors prior to condi-

tional offer.

Sec. 1124. Report on employment of individuals formerly incarcerated in Federal

prisons.

Subtitle C—ATC Hiring Reform

Sec. 1131. Short title; definition.

Sec. 1132. Hiring of air traffic control specialists.

Sec. 1133. Ensuring hiring preference for applicants with experience at an air traf-

fic control facility of the National Guard.

Sec. 1134. FAA reports on air traffic controller hiring and training.

Sec. 1135. DOT Inspector General review and report.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Subtitle A—Assistance and Training

Sec. 1201. Modification of authority to build capacity of foreign security forces.

Sec. 1202. Modification and extension of cross servicing agreements for loan of per-

sonnel protection and personnel survivability equipment in coalition op-

erations.

Sec. 1203. Modifications of authorities relating to acquisition and cross-servicing

agreements.

Sec. 1204. Modification of quarterly report on obligation and expenditure of funds

for security cooperation programs and activities.

Sec. 1205. Gender perspectives and participation by women in security cooperation

activities.

Sec. 1206. Plan to provide consistency of administration of authorities relating to

vetting of units of security forces of foreign countries; modification of as-

sessment, monitoring, and evaluation of security cooperation programs

and activities.

Sec. 1207. Extension of authority for support of special operations for irregular

warfare.

Sec. 1208. Extension and modification of Commanders’ Emergency Response Pro-

gram and elimination of certain payments to redress injury and loss.

Sec. 1209. Two-year extension of program authority for Global Security Contin-

gency Fund.

Sec. 1210. Legal institutional capacity building initiative for foreign defense insti-

tutions.

Sec. 1210A. Department of Defense support for stabilization activities in national

security interest of the United States.

Subtitle B—Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension of authority to transfer defense articles and provide defense

services to the military and security forces of Afghanistan.

Sec. 1212. Extension and modification of authority to acquire products and services

produced in countries along a major route of supply to Afghanistan.

Sec. 1213. Authority for certain payments to redress injury and loss.

Sec. 1214. Extension and modification of semiannual report on enhancing security

and stability in Afghanistan.

Sec. 1215. Special Immigrant Visa program reporting requirement.

Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations.

Sec. 1217. Extension and modification of authority for reimbursement of certain co-

alition nations for support provided to United States military oper-

ations.

Sec. 1218. Support for reconciliation activities led by the Government of Afghani-

stan.

Sec. 1219. Modification and extension of the Afghan Special Immigrant Visa Pro-

gram.

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

Sec. 1221. Modification of authority and limitation on use of funds to provide as-

sistance to counter the Islamic State of Iraq and Syria.

Sec. 1222. Extension and modification of authority to provide assistance to vetted

Syrian groups and individuals.

Sec. 1223. Modification of authority to support operations and activities of the Of-

fice of Security Cooperation in Iraq.

Sec. 1224. Establishing a coordinator for detained ISIS members and relevant dis-

placed populations in Syria.

Sec. 1225. Report on lessons learned from efforts to liberate Mosul and Raqqah

from control of the Islamic State of Iraq and Syria.

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Sec. 1226. Expansion of availability of financial assets of Iran to victims of ter-

rorism.

Sec. 1227. Report on the status of deconfliction channels with Iran.

Sec. 1228. Prohibition on provision of weapons and other forms of support to cer-

tain organizations.

Subtitle D—Matters Relating to the Russian Federation

Sec. 1231. Extension of limitation on military cooperation between the United

States and Russia.

Sec. 1232. Prohibition on availability of funds relating to sovereignty of Russia over

Crimea.

Sec. 1233. Sense of Congress on updating and modernizing existing agreements to

avert miscalculation between the United States and Russia.

Sec. 1234. United States participation in Open Skies Treaty.

Sec. 1235. Modifications of briefing, notification, and reporting requirements relat-

ing to non-compliance by the Russian Federation with its obligations

under the INF Treaty.

Sec. 1236. Report on treaties relating to nuclear arms control.

Sec. 1237. Reports relating to the New START Treaty.

Sec. 1238. Report on military activities of the Russian Federation and the People’s

Republic of China in the Arctic region.

Sec. 1239. Updated strategy to counter the threat of malign influence by the Rus-

sian Federation and other countries.

Subtitle E—Matters Relating to Europe and NATO

Sec. 1241. Sense of Congress on support for the North Atlantic Treaty Organiza-

tion.

Sec. 1242. Prohibition on the use of funds to suspend, terminate, or provide notice

of denunciation of the North Atlantic Treaty.

Sec. 1243. Future years plans and planning transparency for the European Deter-

rence Initiative.

Sec. 1244. Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1245. Limitation on transfer of F–35 aircraft to Turkey.

Sec. 1246. Baltic defense assessment; extension and modification of security assist-

ance for Baltic countries for joint program for interoperability and deter-

rence against aggression.

Sec. 1247. Extension of authority for and report on training for Eastern European

national security forces in the course of multilateral exercises.

Sec. 1248. Extension and modification of NATO Special Operations Headquarters.

Sec. 1249. North Atlantic Treaty Organization Joint Force Command.

Sec. 1250. Report on North Atlantic Treaty Organization Readiness Initiative.

Sec. 1250A. Repeal of prohibition on transfer of articles on the United States muni-

tions list to the Republic of Cyprus.

Subtitle F—Matters Relating to the Indo-Pacific Region

Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative.

Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and limitation on

use of funds.

Sec. 1253. Report on resourcing United States defense requirements for the Indo-

Pacific region and study on competitive strategies.

Sec. 1254. Limitation on use of funds to reduce the total number of members of the

Armed Forces serving on active duty who are deployed to South Korea.

Sec. 1255. Report on direct, indirect, and burden-sharing contributions of Japan

and South Korea.

Sec. 1256. Sense of Congress on security commitments to the Governments of

Japan and the Republic of Korea and trilateral cooperation among the

United States, Japan, and the Republic of Korea.

Sec. 1257. Sense of Congress on North Korea.

Sec. 1258. Statement of policy and sense of Congress on, and strategy to fulfill obli-

gations under, Mutual Defense Treaty with the Republic of the Phil-

ippines.

Sec. 1259. Report on security cooperation with the Philippine National Police.

Sec. 1260. Modification of annual report on military and security developments in-

volving the People’s Republic of China.

Sec. 1260A. Report on foreign military activities in Pacific Island countries.

Sec. 1260B. Report on cybersecurity activities with Taiwan.

Sec. 1260C. Review and report related to the Taiwan Relations Act.

Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan de-

fense relationship.

Sec. 1260E. Chinese foreign direct investment in countries of the Arctic region.

Sec. 1260F. Sense of Congress on policy toward Hong Kong.

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Sec. 1260G. Sense of Congress on enhancing defense and security cooperation with

the Republic of Singapore.

Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.

Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from entity list

of Bureau of Industry and Security.

Sec. 1260J. Report on ZTE compliance with Superseding Settlement Agreement

and Superseding Order.

Sec. 1260K. Report on the lay-down of United States Marines in the Indo-Pacific

Region.

Subtitle G—Other Matters

Sec. 1261. Modification to report on legal and policy frameworks for the use of mili-

tary force.

Sec. 1262. Independent review of sufficiency of resources available to United States

Southern Command and United States Africa Command.

Sec. 1263. United States Central Command posture assessment and review.

Sec. 1264. Limitation on production of nuclear proliferation assessment statements.

Sec. 1265. Western Hemisphere resource assessment.

Sec. 1266. Human rights in Brazil.

Sec. 1267. Certification relating to assistance for Guatemala.

Sec. 1268. Independent analysis of human rights situation in Honduras.

Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian military to

prevent, mitigate, and respond to civilian harm.

Sec. 1270. Report on implications of Chinese military presence in Djibouti.

Sec. 1271. Rule of construction on the permanent stationing of United States

Armed Forces in Somalia.

Sec. 1272. Defense and diplomatic strategy for Libya.

Sec. 1273. Prohibition on in-flight refueling to non-United States aircraft that en-

gage in hostilities in the ongoing civil war in Yemen.

Sec. 1274. Report on Saudi-led coalition strikes in Yemen.

Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi coalition

aircraft conducting missions relating to civil war in Yemen.

Sec. 1276. Report on Saudi Arabia’s human rights record.

Sec. 1277. Report on intelligence community assessment relating to the killing of

Washington Post columnist Jamal Khashoggi.

Sec. 1278. United States-Israel cooperation to counter unmanned aerial systems.

Sec. 1279. Extension and modification of authority for United States-Israel anti-

tunnel cooperation activities.

Sec. 1280. Report on cost imposition strategy.

Sec. 1281. Modification of initiative to support protection of national security aca-

demic researchers from undue influence and other security threats.

Sec. 1282. Modification of responsibility for policy on civilian casualty matters.

Sec. 1283. Report on export of certain satellites to entities with certain beneficial

ownership structures.

Sec. 1284. Rule of construction relating to the use of military force.

Sec. 1285. Reports and briefings on use of military force and support of partner

forces.

TITLE XIII—COOPERATIVE THREAT REDUCTION

Sec. 1301. Funding allocations; specification of cooperative threat reduction funds.

TITLE XIV—OTHER AUTHORIZATIONS

Subtitle A—Military Programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical agents and munitions destruction, defense.

Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1404. Defense inspector general.

Sec. 1405. Defense health program.

Subtitle B—Other Matters

Sec. 1411. Authority for transfer of funds to joint Department of Defense-Depart-

ment of Veterans Affairs Medical Facility Demonstration Fund for Cap-

tain James A. Lovell Health Care Center, Illinois.

Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home.

TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR

OVERSEAS CONTINGENCY OPERATIONS

Sec. 1501. Purpose.

Sec. 1502. Treatment as additional authorizations.

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133 STAT. 1216 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle A—Authorization of Appropriations for Overseas Contingency Operations

Sec. 1511. Overseas contingency operations.

Sec. 1512. Procurement.

Sec. 1513. Research, development, test, and evaluation.

Sec. 1514. Operation and maintenance.

Sec. 1515. Military personnel.

Sec. 1516. Working capital funds.

Sec. 1517. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1518. Defense inspector general.

Sec. 1519. Defense health program.

Sec. 1520. Afghanistan security forces fund.

Sec. 1520A. Special transfer authority.

Subtitle B—Authorization of Appropriations for Emergency Funds for Recovery and

Restoration

Sec. 1521. Procurement.

Sec. 1522. Research, development, test, and evaluation.

Sec. 1523. Operation and maintenance.

Sec. 1524. Restriction on transfer of funds authorized by this subtitle.

TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS

Subtitle A—Space Activities

Sec. 1601. Repeal of requirement to establish United States Space Command as a

subordinate unified command of the United States Strategic Command.

Sec. 1602. Coordination of modernization efforts relating to military-code capable

GPS receiver cards.

Sec. 1603. Demonstration of backup and complementary positioning, navigation,

and timing capabilities of Global Positioning System.

Sec. 1604. Annual determination on plan on full integration and exploitation of

overhead persistent infrared capability.

Sec. 1605. Space-based environmental monitoring mission requirements.

Sec. 1606. Resilient enterprise ground architecture.

Sec. 1607. Prototype program for multi-global navigation satellite system receiver

development.

Sec. 1608. Commercial space situational awareness capabilities.

Sec. 1609. Program to enhance and improve launch support and infrastructure.

Sec. 1610. Preparation to implement plan for use of allied launch vehicles.

Sec. 1611. Independent study on plan for deterrence in space.

Sec. 1612. Study on leveraging diverse commercial satellite remote sensing capa-

bilities.

Sec. 1613. Annual report on Space Command and Control program.

Sec. 1614. Report on space debris.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

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

Secretary of Defense for Intelligence and Security.

Sec. 1622. Modifications to ISR Integration Council and annual briefing require-

ments.

Sec. 1623. Modification of annual authorization of appropriations for National Flag-

ship Language Initiative.

Sec. 1624. Improving the onboarding methodology for intelligence personnel.

Sec. 1625. Defense Counterintelligence and Security Agency activities on facili-

tating access to local criminal records historical data.

Sec. 1626. Survey and report on alignment of intelligence collections capabilities

and activities with Department of Defense requirements.

Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense Counter-

intelligence and Security Agency.

Sec. 1628. Report on the expanded purview of the Defense Counterintelligence and

Security Agency.

Sec. 1629. Termination of requirement for Department of Defense facility access

clearances for joint ventures composed of previously-cleared entities.

Subtitle C—Cyberspace-Related Matters

Sec. 1631. Matters relating to military operations in the information environment.

Sec. 1632. Notification requirements for sensitive military cyber operations.

Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems of the De-

partment of Defense.

Sec. 1634. Quarterly assessments of the readiness of Cyber Mission Forces.

Sec. 1635. Cyber posture review.

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133 STAT. 1217 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 1636. Modification of elements of assessment required for termination of dual-

hat arrangement for Commander of the United States Cyber Command.

Sec. 1637. Modification of cyber scholarship program.

Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber incident.

Sec. 1639. Extension of the Cyberspace Solarium Commission.

Sec. 1640. Authority to use operation and maintenance funds for cyber operations-

peculiar capability development projects.

Sec. 1641. Role of Chief Information Officer in improving enterprise-wide cyberse-

curity.

Sec. 1642. Notification of delegation of authorities to the Secretary of Defense for

military operations in cyberspace.

Sec. 1643. Limitation of funding for Consolidated Afloat Networks and Enterprise

Services.

Sec. 1644. Annual military cyberspace operations report.

Sec. 1645. Annual report on cyber attacks and intrusions against the Department

of Defense by certain foreign entities.

Sec. 1646. Control and analysis of Department of Defense data stolen through

cyberspace.

Sec. 1647. Use of National Security Agency cybersecurity expertise to support eval-

uation of commercial cybersecurity products.

Sec. 1648. Framework to enhance cybersecurity of the United States defense indus-

trial base.

Sec. 1649. Report on cybersecurity training programs.

Sec. 1650. National Security Presidential Memorandums relating to Department of

Defense operations in cyberspace.

Sec. 1651. Reorientation of Big Data Platform program.

Sec. 1652. Zero-based review of Department of Defense cyber and information tech-

nology personnel.

Sec. 1653. Study on improving cyber career paths in the Navy.

Sec. 1654. Accreditation standards and processes for cybersecurity and information

technology products and services.

Sec. 1655. Study on future cyber warfighting capabilities of Department of Defense.

Sec. 1656. Study to determine the optimal strategy for structuring and manning

elements of the Joint Force Headquarters–Cyber Organizations, Joint

Mission Operations Centers, and Cyber Operations–Integrated Planning

Elements.

Sec. 1657. Cyber governance structures and Principal Cyber Advisors on military

cyber force matters.

Sec. 1658. Designation of test networks for testing and accreditation of cybersecu-

rity products and services.

Sec. 1659. Consortia of universities to advise Secretary of Defense on cybersecurity

matters.

Sec. 1660. Joint assessment of Department of Defense cyber red team capabilities,

capacity, demand, and requirements.

Subtitle D—Nuclear Forces

Sec. 1661. Conforming amendment to Council on Oversight of the National Leader-

ship Command, Control, and Communications System.

Sec. 1662. Modification of authorities relating to nuclear command, control, and

communications system.

Sec. 1663. Briefings on meetings held by Nuclear Weapons Council.

Sec. 1664. Consideration of budget matters at meetings of Nuclear Weapons Coun-

cil.

Sec. 1665. Improvement to annual report on the modernization of the nuclear

weapons enterprise.

Sec. 1666. Expansion of officials required to conduct biennial assessments of deliv-

ery platforms for nuclear weapons and nuclear command and control

system.

Sec. 1667. Extension of annual briefing on costs of forward-deploying nuclear weap-

ons in Europe.

Sec. 1668. Elimination of conventional requirement for long-range standoff weapon.

Sec. 1669. Briefing on long-range standoff weapon and sea-launched cruise missile.

Sec. 1670. Extension of prohibition on availability of funds for mobile variant of

ground-based strategic deterrent missile.

Sec. 1671. Reports on development of ground-based strategic deterrent weapon.

Sec. 1672. Prohibition on reduction of the intercontinental ballistic missiles of the

United States.

Sec. 1673. Independent study on policy of no-first-use of nuclear weapons.

Sec. 1674. Independent study on risks of nuclear terrorism and nuclear war.

Sec. 1675. Report on military-to-military dialogue to reduce risks of miscalculation

leading to nuclear war.

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Sec. 1676. Report on nuclear forces of the United States and near-peer countries.

Sec. 1677. Report on operation of conventional forces of military departments under

employment or threat of employment of nuclear weapons.

Sec. 1678. Report on operation of conventional forces of certain combatant com-

mands under employment or threat of employment of nuclear weapons.

Sec. 1679. Briefings on plan for future-systems-level architecture of nuclear com-

mand, control, and communications systems.

Sec. 1680. Sense of Congress on nuclear deterrence commitments of the United

States.

Subtitle E—Missile Defense Programs

Sec. 1681. National missile defense policy.

Sec. 1682. Development of space-based ballistic missile intercept layer.

Sec. 1683. Development of hypersonic and ballistic missile tracking space sensor

payload.

Sec. 1684. Modifications to required testing by Missile Defense Agency of ground-

based midcourse defense element of ballistic missile defense system.

Sec. 1685. Iron Dome short-range rocket defense system and Israeli cooperative

missile defense program co-development and co-production.

Sec. 1686. Limitation on availability of funds for lower tier air and missile defense

sensor.

Sec. 1687. Plan for the redesigned kill vehicle replacement.

Sec. 1688. Organization, authorities, and billets of the Missile Defense Agency.

Sec. 1689. Annual assessment of ballistic missile defense system.

Sec. 1690. Command and control, battle management, and communications pro-

gram.

Sec. 1691. Missile defense interceptor site in contiguous United States.

Sec. 1692. Independent study on impacts of missile defense development and de-

ployment.

Sec. 1693. Report and briefing on multi-volume kill capability.

Subtitle F—Other Matters

Sec. 1694. Extension of authorization for protection of certain facilities and assets

from unmanned aircraft.

Sec. 1695. Repeal of requirement for commission on electromagnetic pulse attacks

and similar events.

Sec. 1696. Repeal of review requirement for ammonium perchlorate report.

Sec. 1697. Transferability of conventional prompt global strike weapon system tech-

nologies to surface-launched platforms.

Sec. 1698. Prohibition on availability of funds for certain offensive ground-launched

ballistic or cruise missile systems.

Sec. 1699. Hard and deeply buried targets.

TITLE XVII—REPORTS AND OTHER MATTERS

Subtitle A—Studies and Reports

Sec. 1701. Modification of annual reporting requirements on defense manpower.

Sec. 1702. Termination of requirement for submittal to Congress of certain recur-

ring reports.

Sec. 1703. Modification of annual report on civilian casualties in connection with

United States military operations.

Sec. 1704. Extension of requirement for briefings on the national biodefense strat-

egy.

Sec. 1705. Authorization of appropriations for title III of the Defense Production

Act of 1950.

Sec. 1706. Report on the Department of Defense plan for mass-casualty disaster re-

sponse operations in the Arctic.

Sec. 1707. Transmittal to Congress of requests for assistance from other depart-

ments of the Federal Government that are approved by the Department

of Defense.

Sec. 1708. Report and briefing on implementation of national defense strategy.

Sec. 1709. Actions to increase analytic support.

Sec. 1710. Inclusion of certain individuals investigated by Inspectors General in the

semiannual report.

Sec. 1711. Annual report on Joint Military Information Support Operations Web

Operations Center.

Sec. 1712. Mobility capability requirements study.

Sec. 1713. Assessment of special operations force structure.

Sec. 1714. Army aviation strategic plan and modernization roadmap.

Sec. 1715. Report on ground-based long-range artillery to counter land and mari-

time threats.

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133 STAT. 1219 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 1716. Independent review of transportation working-capital fund.

Sec. 1717. Geographic command risk assessment of proposed use of certain aircraft

capabilities.

Sec. 1718. Report on backlog of personnel security clearance adjudications.

Sec. 1719. Report regarding outstanding Government Accountability Office rec-

ommendations.

Sec. 1720. Report on National Guard and United States Northern Command capac-

ity to meet homeland defense and security incidents.

Sec. 1721. Assessment of standards, processes, procedures, and policy relating to ci-

vilian casualties.

Sec. 1722. Report on transfers of equipment to prohibited entities.

Sec. 1723. Annual report on strikes undertaken by the United States against ter-

rorist targets outside areas of active hostilities.

Sec. 1724. Review and assessment of mitigation of military helicopter noise.

Subtitle B—Other Matters

Sec. 1731. Technical, conforming, and clerical amendments.

Sec. 1732. Establishment of lead Inspector General for an overseas contingency op-

eration based on Secretary of Defense notification.

Sec. 1733. Clarification of authority of Inspectors General for overseas contingency

operations.

Sec. 1734. Employment status of annuitants for Inspectors General for overseas

contingency operations.

Sec. 1735. Extension of National Security Commission on Artificial Intelligence.

Sec. 1736. Exemption from calculation of monthly income, for purposes of bank-

ruptcy laws, of certain payments from the Department of Veterans Af-

fairs and the Department of Defense.

Sec. 1737. Extension of postage stamp for breast cancer research.

Sec. 1738. National Commission on Military Aviation Safety.

Sec. 1739. Guarantee of residency for spouses of members of the uniformed serv-

ices.

Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.

Sec. 1741. Improvements to Manufacturing USA Program.

Sec. 1742. Regional innovation program.

Sec. 1743. Aviation workforce development.

Sec. 1744. Oversight of Department of Defense execute orders.

Sec. 1745. Processes and procedures for notifications regarding special operations

forces.

Sec. 1746. Securing American science and technology.

Sec. 1747. Standardized policy guidance for calculating aircraft operation and

sustainment costs.

Sec. 1748. Special Federal Aviation Regulation Working Group.

Sec. 1749. Prohibition on names related to the Confederacy.

Sec. 1750. Support for National Maritime Heritage Grants program.

Sec. 1751. Support for world language advancement and readiness.

Sec. 1752. Designation of Department of Defense strategic Arctic ports.

Sec. 1753. Independent studies regarding potential cost savings with respect to the

nuclear security enterprise and force structure .

Sec. 1754. Comprehensive Department of Defense policy on collective self-defense.

Sec. 1755. Policy regarding the transition of data and applications to the cloud.

Sec. 1756. Integrated public alert and warning system.

Sec. 1757. Improving quality of information in background investigation request

packages.

Sec. 1758. Parole in place for members of the Armed Forces and certain military

dependents.

Sec. 1759. Report on reducing the backlog in legally required historical declassifica-

tion obligations of the Department of Defense.

Sec. 1760. Military type certification for light attack experimentation aircraft.

DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by

law.

Sec. 2003. Effective date.

TITLE XXI—ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Modification of authority to carry out certain fiscal year 2019 projects.

TITLE XXII—NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.

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133 STAT. 1220 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2017 project.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authorities to carry out phased Joint Intelligence Anal-

ysis Complex consolidation.

Sec. 2306. Modification of authority to carry out certain fiscal year 2016 project.

Sec. 2307. Modification of authority to carry out certain fiscal year 2017 project.

Sec. 2308. Modification of authority to carry out certain fiscal year 2018 projects.

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

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION

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

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program

projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV—INTERNATIONAL PROGRAMS

Subtitle A—North Atlantic Treaty Organization Security Investment Program

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

Sec. 2502. Authorization of appropriations, NATO.

Subtitle B—Host Country In-kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES

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

projects.

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

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and

land acquisition projects.

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

projects.

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

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

TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and closure activi-

ties funded through Department of Defense base closure account.

Sec. 2702. Prohibition on conducting additional base realignment and closure

(BRAC) round.

TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS

Subtitle A—Military Construction Program

Sec. 2801. Military installation resilience plans and projects.

Sec. 2802. Improved consultation with tribal governments when proposed military

construction projects potentially impact Indian tribes.

Sec. 2803. Increased authority for use of certain appropriations amounts for res-

toration or replacement of damaged or destroyed facilities.

Sec. 2804. Amendment of Unified Facilities Criteria to promote military installa-

tion resilience, energy resilience, energy and climate resiliency, and

cyber resilience.

Sec. 2805. Modification to Department of Defense Form 1391 regarding consider-

ation of potential long-term adverse environmental effects.

Sec. 2806. Improved flood risk disclosure for military construction.

Sec. 2807. Prioritization of projects in annual report on unfunded requirements for

laboratory military construction projects.

Sec. 2808. Technical corrections and improvements to defense access road resil-

ience.

Sec. 2809. Military construction projects for child development centers at military

installations.

Sec. 2810. Prohibition on use of funds to reduce air base resiliency or demolish pro-

tected aircraft shelters in the European theater without creating a simi-

lar protection from attack.

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133 STAT. 1221 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 2811. Prohibition on use of funds to close or return certain bases to the host

nation.

Subtitle B—Real Property and Facilities Administration

Sec. 2821. Improved energy security for main operating bases in Europe.

Sec. 2822. Access to Department of Defense installations for credentialed transpor-

tation workers.

Sec. 2823. Improved recording and maintaining of Department of Defense real

property data.

Subtitle C—Land Conveyances

Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.

Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, Arkansas, for

use of such land as a veterans cemetery.

Sec. 2833. Modification of authorized uses of certain property conveyed by the

United States in Los Angeles, California.

Sec. 2834. Transfer of administrative jurisdiction over certain parcels of Federal

land in Arlington, Virginia.

Subtitle D—Military Land Withdrawals

Sec. 2841. Public notice regarding upcoming periods of Secretary of the Navy man-

agement of Shared Use Area of the Johnson Valley Off-Highway Vehicle

Recreation Area.

Subtitle E—White Sands National Park and White Sands Missile Range

Sec. 2851. White Sands Missile Range Land Enhancements.

Subtitle F—Other Matters

Sec. 2861. Installation and maintenance of fire extinguishers in Department of De-

fense facilities.

Sec. 2862. Definition of community infrastructure for purposes of military base

reuse studies and community planning assistance.

Sec. 2863. Temporary authority for acceptance and use of contributions for certain

design and construction projects mutually beneficial to the Department

of Defense and the Republic of Korea.

Sec. 2864. Black start exercises at military installations.

Sec. 2865. Pilot program to extend service life of roads and runways under the ju-

risdiction of the Secretary of Defense.

Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon Backscatter Radar

System receiving station, Modoc County, California.

Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.

Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.

Sec. 2869. Lands to be taken into trust as part of the reservation of the Lytton

Rancheria.

Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.

Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.

TITLE XXIX—AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS

MILITARY CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION

Subtitle A—Overseas Contingency Operations Military Construction

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

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

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

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

Sec. 2905. Authorization of appropriations.

Subtitle B—Emergency Military Construction

Sec. 2911. Authorization of emergency Navy construction and land acquisition

projects.

Sec. 2912. Authorization of emergency Air Force construction and land acquisition

projects.

Sec. 2913. Authorization of emergency Army National Guard construction and land

acquisition projects.

Sec. 2914. Authorization of emergency Defense Agencies construction and land ac-

quisition projects.

Sec. 2915. Authorization of emergency supplemental appropriations for military

construction projects.

TITLE XXX—MILITARY HOUSING PRIVATIZATION REFORM

Sec. 3001. Definitions.

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133 STAT. 1222 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle A—Addition of New Reform Subchapter

Sec. 3011. Improved accountability and oversight of privatized military housing

and protections and responsibilities for tenants of privatized military

housing.

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

Sec. 3013. Additional requirements relating to contracts for privatized military

housing.

Sec. 3014. Additional requirements relating to management of privatized military

housing.

Sec. 3015. Consideration of contractor history in contracts for privatized military

housing.

Sec. 3016. Additional improvements for management of privatized military hous-

ing.

Sec. 3017. Maintenance work order system for privatized military housing.

Sec. 3018. Access by tenants of privatized military housing to maintenance work

order system.

Sec. 3019. Access by tenants to historical maintenance information for privatized

military housing.

Sec. 3020. Prohibition on requirement to disclose personally identifiable informa-

tion in certain requests for maintenance of privatized military housing.

Sec. 3021. Treatment of incentive fees for landlords of privatized military housing

for failure to remedy a health or environmental hazard.

Sec. 3022. Dispute resolution process for landlord-tenant disputes regarding

privatized military housing and requests to withhold payments during

dispute resolution process.

Sec. 3023. Investigation of reports of reprisals relating to privatized military hous-

ing and congressional notification.

Sec. 3024. Prohibition on use of nondisclosure agreements in connection with leases

of privatized military housing.

Subtitle B—Other Amendatory Provisions

Sec. 3031. Installation of carbon monoxide detectors in military family housing.

Sec. 3032. Authority to furnish certain services in connection with use of alter-

native authority for acquisition and improvement of military housing.

Sec. 3033. Treatment of breach of contract for privatized military housing.

Sec. 3034. Modification to requirements for window fall prevention devices in mili-

tary family housing units.

Sec. 3035. Expansion of direct hire authority for Department of Defense for

childcare services providers for Department child development centers

to include direct hire authority for installation military housing office

personnel.

Sec. 3036. Modification of authority to make payments to lessors of privatized mili-

tary housing.

Sec. 3037. Technical correction to definition used to make payments to lessors of

privatized military housing.

Subtitle C—One-Time Reporting Requirements

Sec. 3041. Report on civilian personnel shortages for appropriate oversight of man-

agement of military housing constructed or acquired using alternative

authority for acquisition and improvement of military housing.

Sec. 3042. Plans for creation of councils on privatized military housing.

Sec. 3043. Plan for establishment of Department of Defense jurisdiction over off-

base privatized military housing.

Sec. 3044. Inspector General review of Department of Defense oversight of

privatized military housing.

Sec. 3045. Information on legal services provided to members of the Armed Forces

harmed by health or environmental hazards at military housing.

Subtitle D—Development of Housing Reform Standards and Processes

Sec. 3051. Uniform code of basic standards for privatized military housing and plan

to conduct inspections and assessments.

Sec. 3052. Tool for assessment of hazards in Department of Defense housing.

Sec. 3053. Process to identify and address environmental health hazards in Depart-

ment of Defense housing.

Sec. 3054. Department of Defense policy on lead-based paint testing on military in-

stallations.

Sec. 3055. Standard for minimum credentials for health and environmental inspec-

tors of privatized military housing.

Sec. 3056. Requirements relating to move-in, move-out, and maintenance of

privatized military housing.

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133 STAT. 1223 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 3057. Standardized documentation, templates, and forms for privatized mili-

tary housing.

Sec. 3058. Satisfaction survey for tenants of military housing.

Subtitle E—Other Housing Reform Matters

Sec. 3061. Radon testing of privatized military housing.

Sec. 3062. Mitigation of risks posed by certain items in military family housing

units.

Sec. 3063. Suspension of Resident Energy Conservation Program and related pro-

grams for privatized military housing.

Sec. 3064. Department of the Army pilot program to build and monitor use of sin-

gle family homes.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations

Sec. 3111. Personnel matters at National Nuclear Security Administration.

Sec. 3112. Estimation of costs of meeting defense environmental cleanup milestones

required by consent orders.

Sec. 3113. Office of Cost Estimating and Program Evaluation.

Sec. 3114. Clarification of certain Stockpile Responsiveness Program objectives.

Sec. 3115. Elimination of limitation on availability of funds relating to submission

of annual reports on unfunded priorities.

Sec. 3116. Modification to certain requirements relating to plutonium pit produc-

tion capacity.

Sec. 3117. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3118. Extension and modification of pilot program on unavailability for over-

head costs of amounts specified for laboratory-directed research and de-

velopment.

Sec. 3119. Modification to limitation on availability of funds for acceleration of nu-

clear weapons dismantlement.

Sec. 3120. Implementation of common financial reporting system for nuclear secu-

rity enterprise.

Sec. 3121. Limitation relating to reclassification of high-level waste.

Sec. 3122. National Laboratory Jobs ACCESS Program.

Subtitle C—Reports and Other Matters

Sec. 3131. Civil penalties for violations of certain whistleblower protections.

Sec. 3132. Repeal of assessments of adequacy of budget requests relating to nuclear

weapons stockpile.

Sec. 3133. Repeal of requirement for review relating to enhanced procurement au-

thority.

Sec. 3134. Improvements to Energy Employees Occupational Illness Compensation

Program Act of 2000.

Sec. 3135. Replacement of W78 warhead.

Sec. 3136. Independent review of capabilities for detection, verification, and moni-

toring of nuclear weapons and fissile material.

Sec. 3137. Assessment of high energy density physics.

Sec. 3138. Determination of effect of treaty obligations with respect to producing

tritium.

Sec. 3139. Technical corrections to National Nuclear Security Administration Act

and Atomic Energy Defense Act.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.

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

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—MARITIME MATTERS

Subtitle A—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

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133 STAT. 1224 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 3502. Reauthorization of Maritime Security Program.

Sec. 3503. Maritime technical assistance program.

Sec. 3504. Appointment of candidates attending sponsored preparatory school.

Sec. 3505. General support program.

Sec. 3506. Improvements to the maritime guaranteed loan program.

Sec. 3507. Requirement for small shipyard grantees.

Sec. 3508. Salvage recoveries of cargoes.

Sec. 3509. Salvage recoveries for subrogated ownership of vessels and cargoes.

Sec. 3510. Maritime Occupational Safety and Health Advisory Committee.

Sec. 3511. Military to mariner.

Sec. 3512. Department of Transportation Inspector General Report.

Sec. 3513. Independent study on the United States Merchant Marine Academy.

Sec. 3514. Port operations, research, and technology.

Sec. 3515. Assessment and report on strategic seaports.

Sec. 3516. Technical corrections.

Sec. 3517. United States Merchant Marine Academy sexual assault prevention and

response program.

Sec. 3518. Report on vessels for emerging offshore energy infrastructure.

Sec. 3519. Report on United States flagged fuel tanker vessel capacity.

Subtitle B—Cable Security Fleet

Sec. 3521. Establishment of Cable Security Fleet.

Subtitle C—Maritime SAFE Act

Sec. 3531. Short titles.

Sec. 3532. Definitions.

Sec. 3533. Purposes.

Sec. 3534. Statement of policy.

ART

I—P

ROGRAMS TO

OMBAT

IUU F

ISHING AND

NCREASE

ARITIME

ECURITY

Sec. 3541. Coordination with international organizations.

Sec. 3542. Engagement of diplomatic missions of the United States.

Sec. 3543. Assistance by Federal agencies to improve law enforcement within pri-

ority regions and priority flag states.

Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.

Sec. 3545. Improvement of transparency and traceability programs.

Sec. 3546. Technology programs.

Sec. 3547. Savings clause.

ART

II—E

STABLISHMENT OF

NTERAGENCY

ORKING

ROUP ON

IUU F

ISHING

Sec. 3551. Interagency Working Group on IUU Fishing.

Sec. 3552. Strategic plan.

Sec. 3553. Reports.

Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.

ART

III—C

OMBATING

UMAN

RAFFICKING IN

ONNECTION

ITH THE

ATCHING

AND

ROCESSING OF

EAFOOD

RODUCTS

Sec. 3561. Finding.

Sec. 3562. Adding the Secretary of Commerce to the Interagency Task Force to

Monitor and Combat Trafficking.

Sec. 3563. Human trafficking in the seafood supply chain report.

ART

IV—A

UTHORIZATION OF

PPROPRIATIONS

Sec. 3571. Authorization of appropriations.

Sec. 3572. Accounting of funds.

DIVISION D—FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

TITLE XLI—PROCUREMENT

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4103. Procurement for emergency requirements.

TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency op-

erations.

Sec. 4203. Research, development, test, and evaluation for emergency require-

ments.

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133 STAT. 1225 PUBLIC LAW 116–92—DEC. 20, 2019

TITLE XLIII—OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4303. Operation and maintenance for emergency requirements.

TITLE XLIV—MILITARY PERSONNEL

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

TITLE XLV—OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

TITLE XLVI—MILITARY CONSTRUCTION

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

Sec. 4603. Military construction for emergency requirements.

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of Energy national security programs.

DIVISION E—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018,

2019, AND 2020

Sec. 5001. Short title.

Sec. 5002. Subdivisions and table of contents.

Sec. 5003. Definitions.

UBDIVISION

1—I

NTELLIGENCE

UTHORIZATIONS FOR

ISCAL

EAR

2020

Sec. 5100. Table of contents.

TITLE LI—INTELLIGENCE ACTIVITIES

Sec. 5101. Authorization of appropriations.

Sec. 5102. Classified schedule of authorizations.

Sec. 5103. Intelligence community management account.

TITLE LII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 5201. Authorization of appropriations.

TITLE LIII—INTELLIGENCE COMMUNITY MATTERS

Subtitle A—General Intelligence Community Matters

Sec. 5301. Restriction on conduct of intelligence activities.

Sec. 5302. Increase in employee compensation and benefits authorized by law.

Sec. 5303. Expansion of scope of protections for identities of covert agents.

Sec. 5304. Required counterintelligence assessments, briefings, notifications, and

reports.

Sec. 5305. Inclusion of security risks in program management plans required for

acquisition of major systems in National Intelligence Program.

Sec. 5306. Intelligence community public-private talent exchange.

Sec. 5307. Assessment of contracting practices to identify certain security and

counterintelligence concerns.

Subtitle B—Office of the Director of National Intelligence

Sec. 5321. Establishment of Climate Security Advisory Council.

Sec. 5322. Foreign Malign Influence Response Center.

Sec. 5323. Encouragement of cooperative actions to detect and counter foreign in-

fluence operations.

Sec. 5324. Transfer of National Intelligence University to the Office of the Director

of National Intelligence.

Subtitle C—Inspector General of the Intelligence Community

Sec. 5331. Definitions.

Sec. 5332. Inspector General external review panel.

Sec. 5333. Harmonization of whistleblower processes and procedures.

Sec. 5334. Oversight by Inspector General of the Intelligence Community over in-

telligence community whistleblower matters.

Sec. 5335. Report on cleared whistleblower attorneys.

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133 STAT. 1226 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle D—Central Intelligence Agency

Sec. 5341. Clarification of certain authority of the Central Intelligence Agency.

TITLE LIV—SECURITY CLEARANCES

Sec. 5401. Improving visibility into the security clearance process.

Sec. 5402. Making certain policies and execution plans relating to personnel clear-

ances available to industry partners.

TITLE LV—MATTERS RELATING TO FOREIGN COUNTRIES

Subtitle A—Matters Relating to Russia

Sec. 5501. Annual reports on influence operations and campaigns in the United

States by the Russian Federation.

Sec. 5502. Assessment of legitimate and illegitimate financial and other assets of

Vladimir Putin.

Sec. 5503. Assessments of intentions of political leadership of the Russian Federa-

tion.

Subtitle B—Matters Relating to China

Sec. 5511. Annual reports on influence operations and campaigns in the United

States by the Communist Party of China.

Sec. 5512. Report on repression of ethnic Muslim minorities in the Xinjiang region

of the People’s Republic of China.

Sec. 5513. Report on efforts by People’s Republic of China to influence election in

Taiwan.

Subtitle C—Matters Relating to Other Countries

Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and Lebanon.

Sec. 5522. Assessments regarding the Northern Triangle and Mexico.

TITLE LVI—FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM

Sec. 5601. Definitions.

Sec. 5602. Strategic intelligence assessment of and reports on domestic terrorism.

TITLE LVII—REPORTS AND OTHER MATTERS

Subtitle A—Reports and Briefings

Sec. 5701. Modification of requirements for submission to Congress of certain re-

ports.

Sec. 5702. Increased transparency regarding counterterrorism budget of the United

States.

Sec. 5703. Study on role of retired and former personnel of intelligence community

with respect to certain foreign intelligence operations.

Sec. 5704. Collection, analysis, and dissemination of workforce data.

Sec. 5705. Plan for strengthening the supply chain intelligence function.

Sec. 5706. Comprehensive economic assessment of investment in key United States

technologies by companies or organizations linked to China.

Sec. 5707. Report by Director of National Intelligence on fifth-generation wireless

network technology.

Sec. 5708. Report on use by intelligence community of facial recognition technology.

Sec. 5709. Report on deepfake technology, foreign weaponization of deepfakes, and

related notifications.

Sec. 5710. Annual report by Comptroller General of the United States on cyberse-

curity and surveillance threats to Congress.

Sec. 5711. Analysis of and periodic briefings on major initiatives of intelligence

community in artificial intelligence and machine learning.

Sec. 5712. Report on best practices to protect privacy and civil liberties of Chinese

Americans.

Sec. 5713. Oversight of foreign influence in academia.

Sec. 5714. Report on death of Jamal Khashoggi.

Sec. 5715. Report on terrorist screening database.

Sec. 5716. Report containing threat assessment on terrorist use of conventional and

advanced conventional weapons.

Sec. 5717. Assessment of homeland security vulnerabilities associated with certain

retired and former personnel of the intelligence community.

Sec. 5718. Study on feasibility and advisability of establishing Geospatial-Intel-

ligence Museum and learning center.

Subtitle B—Other Matters

Sec. 5721. Whistleblower disclosures to Congress and committees of Congress.

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133 STAT. 1227 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 5722. Task force on illicit financing of espionage and foreign influence oper-

ations.

Sec. 5723. Establishment of fifth-generation technology prize competition.

Sec. 5724. Establishment of deepfakes prize competition.

Sec. 5725. Identification of and countermeasures against certain International Mo-

bile Subscriber Identity-catchers.

Sec. 5726. Securing energy infrastructure.

UBDIVISION

2—I

NTELLIGENCE

UTHORIZATIONS FOR

ISCAL

EARS

2018

AND

2019

Sec. 6100. Table of contents.

TITLE LXI—INTELLIGENCE ACTIVITIES

Sec. 6101. Authorization of appropriations.

Sec. 6102. Intelligence Community Management Account.

TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 6201. Authorization of appropriations.

Sec. 6202. Computation of annuities for employees of the Central Intelligence

Agency.

TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 6301. Restriction on conduct of intelligence activities.

Sec. 6302. Increase in employee compensation and benefits authorized by law.

Sec. 6303. Modification of special pay authority for science, technology, engineering,

or mathematics positions and addition of special pay authority for cyber

positions.

Sec. 6304. Modification of appointment of Chief Information Officer of the Intel-

ligence Community.

Sec. 6305. Director of National Intelligence review of placement of positions within

the intelligence community on the Executive Schedule.

Sec. 6306. Supply Chain and Counterintelligence Risk Management Task Force.

Sec. 6307. Consideration of adversarial telecommunications and cybersecurity in-

frastructure when sharing intelligence with foreign governments and

entities.

Sec. 6308. Cyber protection support for the personnel of the intelligence community

in positions highly vulnerable to cyber attack.

Sec. 6309. Elimination of sunset of authority relating to management of supply-

chain risk.

Sec. 6310. Limitations on determinations regarding certain security classifications.

Sec. 6311. Joint Intelligence Community Council.

Sec. 6312. Intelligence community information technology environment.

Sec. 6313. Report on development of secure mobile voice solution for intelligence

community.

Sec. 6314. Policy on minimum insider threat standards.

Sec. 6315. Submission of intelligence community policies.

Sec. 6316. Expansion of intelligence community recruitment efforts.

TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE

COMMUNITY

Subtitle A—Office of the Director of National Intelligence

Sec. 6401. Authority for protection of current and former employees of the Office

of the Director of National Intelligence.

Sec. 6402. Designation of the program manager-information-sharing environment.

Sec. 6403. Technical modification to the executive schedule.

Sec. 6404. Chief Financial Officer of the Intelligence Community.

Sec. 6405. Chief Information Officer of the Intelligence Community.

Subtitle B—Central Intelligence Agency

Sec. 6411. Central Intelligence Agency subsistence for personnel assigned to aus-

tere locations.

Sec. 6412. Special rules for certain monthly workers’ compensation payments and

other payments for Central Intelligence Agency personnel.

Sec. 6413. Expansion of security protective service jurisdiction of the Central Intel-

ligence Agency.

Sec. 6414. Repeal of foreign language proficiency requirement for certain senior

level positions in the Central Intelligence Agency.

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

Sec. 6421. Consolidation of Department of Energy Offices of Intelligence and Coun-

terintelligence.

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133 STAT. 1228 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 6422. Repeal of Department of Energy Intelligence Executive Committee and

budget reporting requirement.

Subtitle D—Other Elements

Sec. 6431. Plan for designation of counterintelligence component of Defense Secu-

rity Service as an element of intelligence community.

Sec. 6432. Notice not required for private entities.

Sec. 6433. Establishment of advisory board for National Reconnaissance Office.

Sec. 6434. Collocation of certain Department of Homeland Security personnel at

field locations.

TITLE LXV—ELECTION MATTERS

Sec. 6501. Report on cyber attacks by foreign governments against United States

election infrastructure.

Sec. 6502. Review of intelligence community’s posture to collect against and ana-

lyze Russian efforts to influence the Presidential election.

Sec. 6503. Assessment of foreign intelligence threats to Federal elections.

Sec. 6504. Strategy for countering Russian cyber threats to United States elections.

Sec. 6505. Assessment of significant Russian influence campaigns directed at for-

eign elections and referenda.

Sec. 6506. Information sharing with State election officials.

Sec. 6507. Notification of significant foreign cyber intrusions and active measures

campaigns directed at elections for Federal offices.

Sec. 6508. Designation of counterintelligence officer to lead election security mat-

ters.

TITLE LXVI—SECURITY CLEARANCES

Sec. 6601. Definitions.

Sec. 6602. Reports and plans relating to security clearances and background inves-

tigations.

Sec. 6603. Improving the process for security clearances.

Sec. 6604. Goals for promptness of determinations regarding security clearances.

Sec. 6605. Security Executive Agent.

Sec. 6606. Report on unified, simplified, Governmentwide standards for positions of

trust and security clearances.

Sec. 6607. Report on clearance in person concept.

Sec. 6608. Reports on reciprocity for security clearances inside of departments and

agencies.

Sec. 6609. Intelligence community reports on security clearances.

Sec. 6610. Periodic report on positions in the intelligence community that can be

conducted without access to classified information, networks, or facili-

ties.

Sec. 6611. Information-sharing program for positions of trust and security clear-

ances.

Sec. 6612. Report on protections for confidentiality of whistleblower-related commu-

nications.

Sec. 6613. Reports on costs of security clearance background investigations.

TITLE LXVII—REPORTS AND OTHER MATTERS

Subtitle A—Matters Relating to Russia and Other Foreign Powers

Sec. 6701. Limitation relating to establishment or support of cybersecurity unit

with the Russian Federation.

Sec. 6702. Assessment of threat finance relating to Russia.

Sec. 6703. Notification of an active measures campaign.

Sec. 6704. Notification of travel by accredited diplomatic and consular personnel of

the Russian Federation in the United States.

Sec. 6705. Report and annual briefing on Iranian expenditures supporting foreign

military and terrorist activities.

Sec. 6706. Expansion of scope of committee to counter active measures.

Subtitle B—Reports

Sec. 6711. Technical correction to Inspector General study.

Sec. 6712. Reports on authorities of the Chief Intelligence Officer of the Depart-

ment of Homeland Security.

Sec. 6713. Review of intelligence community whistleblower matters.

Sec. 6714. Report on role of Director of National Intelligence with respect to certain

foreign investments.

Sec. 6715. Report on surveillance by foreign governments against United States

telecommunications networks.

Sec. 6716. Biennial report on foreign investment risks.

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133 STAT. 1229 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 6717. Modification of certain reporting requirement on travel of foreign dip-

lomats.

Sec. 6718. Semiannual reports on investigations of unauthorized disclosures of clas-

sified information.

Sec. 6719. Congressional notification of designation of covered intelligence officer as

persona non grata.

Sec. 6720. Reports on intelligence community participation in vulnerabilities equi-

ties process of Federal Government.

Sec. 6721. Inspectors General reports on classification.

Sec. 6722. Reports and briefings on national security effects of global water insecu-

rity and emerging infectious disease and pandemics.

Sec. 6723. Annual report on memoranda of understanding between elements of in-

telligence community and other entities of the United States Govern-

ment regarding significant operational activities or policy.

Sec. 6724. Study on the feasibility of encrypting unclassified wireline and wireless

telephone calls.

Sec. 6725. Reports on intelligence community loan repayment and related pro-

grams.

Sec. 6726. Repeal of certain reporting requirements.

Sec. 6727. Inspector General of the Intelligence Community report on senior execu-

tives of the Office of the Director of National Intelligence.

Sec. 6728. Briefing on Federal Bureau of Investigation offering permanent resi-

dence to sources and cooperators.

Sec. 6729. Intelligence assessment of North Korea revenue sources.

Sec. 6730. Report on possible exploitation of virtual currencies by terrorist actors.

Subtitle C—Other Matters

Sec. 6741. Public Interest Declassification Board.

Sec. 6742. Technical and clerical amendments to the National Security Act of 1947.

Sec. 6743. Bug bounty programs.

Sec. 6744. Technical amendments related to the Department of Energy.

Sec. 6745. Sense of Congress on notification of certain disclosures of classified in-

formation.

Sec. 6746. Sense of Congress on consideration of espionage activities when consid-

ering whether or not to provide visas to foreign individuals to be accred-

ited to a United Nations mission in the United States.

Sec. 6747. Sense of Congress on WikiLeaks.

DIVISION F—OTHER MATTERS

TITLE LXXI—SANCTIONS WITH RESPECT TO NORTH KOREA

Sec. 7101. Short title.

Subtitle A—Sanctions With Respect to North Korea

Sec. 7111. Sense of Congress.

Sec. 7112. Definitions.

ART

I—E

XPANSION OF

ANCTIONS AND

ELATED

ATTERS

Sec. 7121. Sanctions with respect to foreign financial institutions that provide fi-

nancial services to certain sanctioned persons.

Sec. 7122. Mandatory designations under North Korea Sanctions and Policy En-

hancement Act of 2016.

Sec. 7123. Extension of applicability period of proliferation prevention sanctions.

Sec. 7124. Opposition to assistance by the international financial institutions.

Sec. 7125. Support for capacity of the International Monetary Fund to prevent

money laundering and financing of terrorism.

Sec. 7126. Report and briefings on compliance, penalties, and technical assistance.

Sec. 7127. Sense of Congress on identification and blocking of property of North Ko-

rean officials.

Sec. 7128. Modification of report on implementation of United Nations Security

Council resolutions by other governments.

Sec. 7129. Report on use by the Government of North Korea of beneficial ownership

rules to access the international financial system.

ART

II—C

ONGRESSIONAL

EVIEW AND

VERSIGHT

Sec. 7131. Notification of termination or suspension of sanctions.

Sec. 7132. Reports on certain licensing actions.

Sec. 7133. Report and briefings on financial networks and financial methods of the

Government of North Korea.

Sec. 7134. Report on countries of concern with respect to transshipment, reexpor-

tation, or diversion of certain items to North Korea.

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133 STAT. 1230 PUBLIC LAW 116–92—DEC. 20, 2019

ART

III—G

ENERAL

ATTERS

Sec. 7141. Rulemaking.

Sec. 7142. Authority to consolidate reports.

Sec. 7143. Waivers, exemptions, and termination.

Sec. 7144. Procedures for review of classified and certain other information.

Sec. 7145. Briefing on resourcing of sanctions programs.

Sec. 7146. Briefing on proliferation financing.

Sec. 7147. Exception relating to importation of goods.

Subtitle B—Financial Industry Guidance to Halt Trafficking

Sec. 7151. Short title.

Sec. 7152. Sense of Congress.

Sec. 7153. Coordination of human trafficking issues by the Office of Terrorism and

Financial Intelligence.

Sec. 7154. Strengthening the role of anti-money laundering and other financial

tools in combating human trafficking.

Sec. 7155. Sense of Congress on resources to combat human trafficking.

TITLE LXXII—SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF

ILLICIT SYNTHETIC OPIOIDS

Sec. 7201. Short title.

Sec. 7202. Sense of Congress.

Sec. 7203. Definitions.

Subtitle A—Sanctions With Respect to Foreign Opioid Traffickers

Sec. 7211. Identification of foreign opioid traffickers.

Sec. 7212. Imposition of sanctions.

Sec. 7213. Description of sanctions.

Sec. 7214. Waivers.

Sec. 7215. Procedures for judicial review of classified information.

Sec. 7216. Briefings on implementation.

Sec. 7217. Inclusion of additional material in International Narcotics Control Strat-

egy Report.

Subtitle B—Commission on Combating Synthetic Opioid Trafficking

Sec. 7221. Commission on combating synthetic opioid trafficking.

Subtitle C—Other Matters

Sec. 7231. Director of National Intelligence program on use of intelligence re-

sources in efforts to sanction foreign opioid traffickers.

Sec. 7232. Authorization of appropriations.

Sec. 7233. Regulatory authority.

Sec. 7234. Termination.

Sec. 7235. Exception relating to importation of goods.

TITLE LXXIII—PFAS

Sec. 7301. Short title.

Sec. 7302. Definition of Administrator.

Subtitle A—Drinking Water

Sec. 7311. Monitoring and detection.

Sec. 7312. Drinking water state revolving funds.

Subtitle B—PFAS Release Disclosure

Sec. 7321. Additions to toxics release inventory.

Subtitle C—USGS Performance Standard

Sec. 7331. Definitions.

Sec. 7332. Performance standard for the detection of highly fluorinated compounds.

Sec. 7333. Nationwide sampling.

Sec. 7334. Data usage.

Sec. 7335. Collaboration.

Subtitle D—Emerging Contaminants

Sec. 7341. Definitions.

Sec. 7342. Research and coordination plan for enhanced response on emerging con-

taminants.

Subtitle E—Toxic Substances Control Act

Sec. 7351. PFAS data call.

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133 STAT. 1231 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 7352. Significant new use rule for long-chain PFAS.

Subtitle F—Other Matters

Sec. 7361. PFAS destruction and disposal guidance.

Sec. 7362. PFAS research and development.

TITLE LXXIV—CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019

Sec. 7401. Short title.

Sec. 7402. Statement of policy.

Subtitle A—Additional Actions in Connection With the National Emergency With

Respect to Syria

Sec. 7411. Measures with respect to Central Bank of Syria.

Sec. 7412. Sanctions with respect to foreign persons that engage in certain trans-

actions.

Sec. 7413. Strategy relating to areas of Syria in which civilians are subject to

forced displacement.

Subtitle B—Assistance for the People of Syria

Sec. 7421. Sense of Congress.

Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance programs in

Syria and to the Syrian people.

Sec. 7423. Assessment of potential methods to enhance the protection of civilians.

Sec. 7424. Assistance to support entities taking actions relating to gathering evi-

dence for investigations into war crimes or crimes against humanity in

Syria since March 2011.

Sec. 7425. Codification of certain services in support of nongovernmental organiza-

tions’ activities authorized.

Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.

Subtitle C—General Provisions

Sec. 7431. Suspension of sanctions.

Sec. 7432. Waivers and exemptions.

Sec. 7433. Implementation and regulatory authorities.

Sec. 7434. Exception relating to importation of goods.

Sec. 7435. Cost limitation.

Sec. 7436. Rule of construction.

Sec. 7437. Prohibition on construction of provisions of this title as an authorization

for use of military force.

Sec. 7438. Sunset.

TITLE LXXV—PROTECTING EUROPE’S ENERGY SECURITY

Sec. 7501. Short title.

Sec. 7502. Sense of Congress.

Sec. 7503. Imposition of sanctions with respect to provision of certain vessels for

the construction of certain Russian energy export pipelines.

TITLE LXXVI—OTHER MATTERS

Subtitle A—Federal Employee Paid Leave Act

Sec. 7601. Short title.

Sec. 7602. Paid parental leave under title 5.

Sec. 7603. Paid parental leave for congressional employees.

Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO and

Library of Congress employees.

Sec. 7605. Clarification for members of the National Guard and Reserves.

Sec. 7606. Conforming amendment for certain TSA employees.

Subtitle B—Other Matters

Sec. 7611. Liberian refugee immigration fairness.

Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.

Sec. 7613. Limitation on certain rolling stock procurements; cybersecurity certifi-

cation for rail rolling stock and operations.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

In this Act, the term ‘‘congressional defense committees’’ has

the meaning given that term in section 101(a)(16) of title 10, United

States Code.

Definition.

10 USC 101 note.

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133 STAT. 1232 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purposes of complying

with the Statutory Pay-As-You-Go Act of 2010, shall be determined

by reference to the latest statement titled ‘‘Budgetary Effects of

PAYGO Legislation’’ for this Act, jointly submitted for printing

in the Congressional Record by the Chairmen of the House and

Senate Budget Committees, provided that such statement has been

submitted prior to the vote on passage in the House acting first

on the conference report or amendment between the Houses.

DIVISION A—DEPARTMENT OF

DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Army Programs

Sec. 111. Authority of the Secretary of the Army to waive certain limitations re-

lated to the Distributed Common Ground System-Army Increment 1.

Subtitle C—Navy Programs

Sec. 121. Ford-class aircraft carrier cost limitation baselines.

Sec. 122. Modification of annual report on cost targets for certain aircraft carriers.

Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S.

Harry S. Truman.

Sec. 124. Ford class aircraft carrier support for F–35C aircraft.

Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force struc-

ture.

Sec. 126. Modification of prohibition on availability of funds for Navy waterborne

security barriers.

Sec. 127. LHA Replacement Amphibious Assault Ship Program.

Sec. 128. Strategic sealift fleet vessel.

Sec. 129. Design and construction of amphibious transport dock designated LPD–

31.

Sec. 130. Limitation on availability of funds for the Littoral Combat Ship.

Sec. 131. Limitation on the next new class of Navy large surface combatants.

Sec. 132. Limitation on availability of funds pending quarterly updates on the CH–

53K King Stallion helicopter program.

Sec. 133. Limitation on availability of funds for VH–92A helicopter.

Sec. 134. Report on carrier wing and aviation combat element composition.

Subtitle D—Air Force Programs

Sec. 141. Modification of requirement to preserve certain C–5 aircraft.

Sec. 142. OC–135B aircraft recapitalization program.

Sec. 143. Requirement to align Air Force aviation force structure with National De-

fense Strategy.

Sec. 144. Prohibition on availability of funds for reduction in KC–10 primary mis-

sion aircraft inventory.

Sec. 145. Limitation on availability of funds for F–15EX aircraft.

Sec. 146. Limitation on availability of funds for VC–25B aircraft.

Sec. 147. Limitation on availability of funds for RC–26B aircraft.

Sec. 148. Limitation on availability of funds for retirement of RC–135 aircraft.

Sec. 149. Air Force aggressor squadron modernization.

Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.

Sec. 151. Report on feasibility of multiyear contract for procurement of JASSM–ER

missiles.

Sec. 152. Report on aircraft fleet of the Civil Air Patrol.

Sec. 153. Sense of Congress on the light attack aircraft initiative of the Air Force.

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

Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F–

35 aircraft program.

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133 STAT. 1233 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts

for the F–35 aircraft program.

Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A air-

craft to the United States.

Sec. 164. Requirement to establish the use of an Agile DevOps software develop-

ment solution as an alternative for Joint Strike Fighter Autonomic Lo-

gistics Information System.

Sec. 165. F–35 sustainment cost.

Sec. 166. Reports on the progress and performance of the F–35 aircraft program.

Sec. 167. Other reports on the F–35 aircraft program.

Sec. 168. Limitation on availability of funds for communications systems lacking

certain resiliency features.

Sec. 169. Repeal of tactical unmanned vehicle common data link requirement.

Subtitle A—Authorization Of

Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2020 for procurement for the Army, the Navy and the Marine

Corps, the Air Force, and Defense-wide activities, as specified in

the funding table in section 4101.

Subtitle B—Army Programs

SEC. 111. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE

CERTAIN LIMITATIONS RELATED TO THE DISTRIBUTED

COMMON GROUND SYSTEM-ARMY INCREMENT 1.

Section 113(d) of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2028) is amended

by striking ‘‘Secretary of Defense’’ both places it appears and

inserting ‘‘Secretary of the Army’’.

Subtitle C—Navy Programs

SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASE-

LINES.

(a) I

ENERAL

.—Chapter 863 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 8692. Ford-class aircraft carriers: cost limitation baselines

‘‘(a) L

IMITATION

.—The total amounts obligated or expended

from funds authorized to be appropriated or otherwise made avail-

able for Shipbuilding and Conversion, Navy, or for any other

procurement account, may not exceed the following amounts for

the following aircraft carriers:

‘‘(1) $13,224,000,000 for the construction of the aircraft

carrier designated CVN–78.

‘‘(2) $11,398,000,000 for the construction of the aircraft

carrier designated CVN–79.

‘‘(3) $12,202,000,000 for the construction of the aircraft

carrier designated CVN–80.

‘‘(4) $12,451,000,000 for the construction of the aircraft

carrier designated CVN–81.

‘‘(b) E

XCLUSION OF

ATTLE AND

NTERIM

PARES

ROM

OST

IMITATION

.—The Secretary of the Navy shall exclude from the

10 USC 8692.

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133 STAT. 1234 PUBLIC LAW 116–92—DEC. 20, 2019

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) W

RITTEN

OTICE AND

RIEFING ON

HANGE IN

MOUNT

.—

The Secretary of the Navy may adjust an amount listed in sub-

section (a) not fewer than 15 days after submitting written notice

and providing a briefing to the congressional defense committees,

each of which shall include the amount and rationale of any change

and the resulting amount after such change.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 863 of such title is amended by inserting after

the item relating to section 8691 the following new item:

‘‘8692. Ford-class aircraft carriers: cost limitation baselines.’’.

EPEAL OF

UPERSEDED

ROVISION

.—Section 122 of the

John Warner National Defense Authorization Act for Fiscal Year

2007 (Public Law 109–364; 120 Stat. 2104) is repealed.

SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR

CERTAIN AIRCRAFT CARRIERS.

Section 126(c) of the National Defense Authorization Act for

Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—

(1) in the subsection heading, by striking ‘‘

AND

CVN–80’’

and inserting ‘‘, CVN–80,

AND

CVN–81’’;

(2) in paragraph (1)—

(A) by striking ‘‘2021’’ and inserting ‘‘2032’’; and

(B) by striking ‘‘costs described in subsection (b) for

the CVN–79 and CVN–80’’ and inserting ‘‘cost targets for

the CVN–79, the CVN–80, and the CVN–81’’; and

(3) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by

striking ‘‘ and the CVN–80’’ and inserting ‘‘, the CVN–

80, and the CVN–81’’

(B) in subparagraph (A), by striking ‘‘costs described

in subsection (b)’’ and inserting ‘‘cost targets’’;

in subsection (b)’’ and inserting ‘‘cost targets’’; and

(D) in subparagraph (G), by striking ‘‘costs specified

in subsection (b)’’ and inserting ‘‘cost targets’’.

SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN

C. STENNIS AND U.S.S. HARRY S. TRUMAN.

(a) R

EFUELING AND

OMPLEX

VERHAUL

.—The Secretary of

the Navy shall carry out the nuclear refueling and complex overhaul

of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman

(CVN–75).

(b) U

SE OF

NCREMENTAL

UNDING

.—With respect to any con-

tract entered into under subsection (a) for the nuclear refueling

and complex overhauls of the U.S.S. John C. Stennis (CVN–74)

and U.S.S. Harry S. Truman (CVN–75), the Secretary may use

incremental funding for a period not to exceed six years after

advance procurement funds for such nuclear refueling and complex

overhaul effort are first obligated.

Time period.

10 USC 8661

prec.

Time period.

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133 STAT. 1235 PUBLIC LAW 116–92—DEC. 20, 2019

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—Any con-

tract entered into under subsection (a) shall provide that any obliga-

tion of the United States to make a payment under the contract

for a fiscal year after fiscal year 2020 is subject to the availability

of appropriations for that purpose for that later fiscal year.

SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F–35C AIR-

CRAFT.

Before completing the post-shakedown availability of the Ford

class aircraft carrier designated CVN–79, the Secretary of the Navy

shall ensure that the aircraft carrier is capable of operating and

deploying with the F–35C aircraft.

SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIR-

CRAFT CARRIER FORCE STRUCTURE.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2020 for the Department

of Defense may be obligated or expended to reduce the number

of operational aircraft carriers of the Navy below the number speci-

fied in section 8062(b) of title 10, United States Code.

SEC. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF

FUNDS FOR NAVY WATERBORNE SECURITY BARRIERS.

Section 130 of the John S. McCain National Defense Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1) in subsection (a) by striking ‘‘for fiscal year 2019 may

be obligated or expended to procure legacy waterborne security

barriers for Navy ports’’ and inserting ‘‘for fiscal year 2019

or fiscal year 2020 may be obligated or expended to procure

legacy waterborne security barriers for Navy ports, including

as replacements for legacy barriers’’;

(2) in subsection (c)(1), by inserting ‘‘of not more than

30 percent’’ after ‘‘replacement’’; and

(3) by adding at the end the following new subsection:

‘‘(d) N

OTIFICATION

.—Not later than 15 days after an exception

is made pursuant to subsection (c)(2), the Secretary of the Navy

shall submit a written notification to the congressional defense

committees that includes—

‘‘(1) the name and position of the government official who

determined exigent circumstances exist;

‘‘(2) a description of the exigent circumstances; and

‘‘(3) a description of how waterborne security will be main-

tained until new waterborne security barriers are procured

and installed.’’.

SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.

(a) A

UTHORITY TO

NCREMENTAL

UNDING

.—The Secretary

of the Navy may enter into and incrementally fund a contract

for detail design and construction of the LHA replacement ship

designated LHA 9 and, subject to subsection (b), funds for payments

under the contract may be provided from amounts authorized to

be appropriated for the Department of Defense for Shipbuilding

and Conversion, Navy, for fiscal years 2019 through 2025.

(b) C

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—A contract

entered into under subsection (a) shall provide that any obligation

of the United States to make a payment under the contract for

any subsequent fiscal year is subject to the availability of appropria-

tions for that purpose for such subsequent fiscal year.

Deadline.

132 Stat. 1665.

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133 STAT. 1236 PUBLIC LAW 116–92—DEC. 20, 2019

EPEAL OF

BSOLETE

UTHORITY

.—Section 125 of the John

Warner National Defense Authorization Act for Fiscal Year 2007

(Public Law 109–364; 120 Stat. 2106) is repealed.

SEC. 128. STRATEGIC SEALIFT FLEET VESSEL.

(a) I

ENERAL

.—Subject to the availability of appropriations,

the Secretary of the Navy shall seek to enter into a contract for

the construction of one sealift vessel.

(b) D

ELIVERY

ATE

.—The contract entered into under sub-

section (a) shall specify a delivery date for the sealift vessel of

not later than September 30, 2026.

ESIGN AND

ONSTRUCTION

EQUIREMENTS

.—

(1) U

SE OF EXISTING DESIGN

.—The design of the sealift

vessel shall be based on a domestic or foreign design that

exists as of the date of the enactment of this Act.

(2) C

OMMERCIAL STANDARDS AND PRACTICES

.—Subject to

paragraph (1), the sealift vessel may be constructed using

commercial design standards and commercial construction prac-

tices that are consistent with the best interests of the Federal

Government.

(3) D

OMESTIC SHIPYARD

.—The sealift vessel shall be con-

structed in a shipyard that is located in the United States.

(d) C

ERTIFICATE AND

NDORSEMENT

.—The sealift vessel shall

meet the requirements necessary to receive a certificate of docu-

mentation and a coastwise endorsement under chapter 121 of tile

46, United States Code, and the Secretary of the Navy shall ensure

that the completed vessel receives such a certificate and endorse-

ment.

(e) E

XECUTIVE

GENT

.—

(1) I

N GENERAL

.—The Secretary of the Navy may seek

to enter into a contract or other agreement with a private-

sector entity under which the entity may act as executive

agent for the Secretary for purposes of the contract under

subsection (a).

(2) R

ESPONSIBILITIES

.—The executive agent described in

paragraph (1) may be responsible for—

(A) selecting a shipyard for the construction of the

sealift vessel;

(B) managing and overseeing the construction of the

sealift vessel; and

determines to be appropriate

(f) U

SE OF

NCREMENTAL

UNDING

.—With respect to the con-

tract entered into under subsection (a), the Secretary of the Navy

may use incremental funding to make payments under the contract.

(g) S

EALIFT

ESSEL

EFINED

.—In this section, the term ‘‘sealift

vessel’’ means the sealift vessel constructed pursuant to the contract

entered into under subsection (a).

SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT

DOCK DESIGNATED LPD–31.

(a) I

ENERAL

.—Using funds authorized to be appropriated

for the Department of Defense for Shipbuilding and Conversion,

Navy, the Secretary of the Navy may enter into a contract, begin-

ning with the fiscal year 2020 program year, for the design and

construction of the amphibious transport dock designated LPD–

31.

Contracts.

Effective date.

Contracts.

Deadline.

Contracts.

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133 STAT. 1237 PUBLIC LAW 116–92—DEC. 20, 2019

(b) U

SE OF

NCREMENTAL

UNDING

.—With respect to the con-

tract entered into under subsection (a), the Secretary may use

incremental funding to make payments under the contract.

ONDITION FOR

YEAR

ONTRACT

AYMENTS

.—The con-

tract entered into under subsection (a) shall provide that any obliga-

tion of the United States to make a payment under such contract

for any fiscal year after fiscal year 2020 is subject to the availability

of appropriations for that purpose for such later fiscal year.

SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL

COMBAT SHIP.

(a) L

IMITATIONS

.—None of the funds authorized to be appro-

priated by this Act for fiscal year 2020 for the Department of

Defense may be used to exceed, and the Department may not

otherwise exceed, the total procurement quantity of thirty-five Lit-

toral Combat Ships, unless the Under Secretary of Defense for

Acquisition and Sustainment submits to the congressional defense

committees the certification described in subsection (b).

(b) C

ERTIFICATION

.—The certification described in this sub-

section is a certification by the Under Secretary that awarding

a contract for the procurement of a Littoral Combat Ship that

exceeds the total procurement quantity listed in revision five of

the Littoral Combat Ship acquisition strategy—

(1) is in the national security interests of the United States;

(2) will not result in exceeding the low-rate initial produc-

tion quantity approved in the Littoral Combat Ship acquisition

strategy in effect as of the date of the certification; and

(3) is necessary to maintain a full and open competition

for the Guided Missile Frigate (FFG(X)) with a single source

award in fiscal year 2020.

SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SUR-

FACE COMBATANTS.

(a) I

ENERAL

.—Milestone B approval may not be granted

for the next new class of Navy large surface combatants unless

the class of Navy large surface combatants incorporates prior to

such approval—

(1) design changes identified during the full duration of

the combat system ship qualification trials and operational

test periods of the first Arleigh Burke-class destroyer in the

Flight III configuration to complete such events; and

(2) final results of test programs of engineering develop-

ment models or prototypes for critical systems specified by

the Senior Technical Authority pursuant to section 8669b of

title 10, United States Code, as added by section 1034 of this

Act, in their final form, fit, and function and in a realistic

environment, which shall include a land-based engineering site

for the propulsion system.

(b) L

IMITATION

.—The Secretary of the Navy may not release

a detail design or construction request for proposals or obligate

funds from the Shipbuilding and Conversion, Navy account for

the next new class of Navy large surface combatants until the

class of Navy large surface combatants receives Milestone B

approval and the milestone decision authority notifies the congres-

sional defense committees, in writing, of the actions taken to comply

with the requirements under subsection (a).

EFINITIONS

.—In this section:

Notification.

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133 STAT. 1238 PUBLIC LAW 116–92—DEC. 20, 2019

(1) The term ‘‘Milestone B approval’’ has the meaning given

the term in section 2366(e)(7) of title 10, United States Code.

(2) The term ‘‘milestone decision authority’’ means the offi-

cial within the Department of Defense designated with the

overall responsibility and authority for acquisition decisions

for the program, including authority to approve entry of the

program into the next phase of the acquisition process.

(3) The term ‘‘large surface combatants’’ means Navy sur-

face ships that are designed primarily to engage in attacks

against airborne, surface, subsurface, and shore targets,

excluding frigates and littoral combat ships.

SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS PENDING QUAR-

TERLY UPDATES ON THE CH–53K KING STALLION HELI-

COPTER PROGRAM.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2020 for

aircraft procurement, Navy, for the CH–53K King Stallion heli-

copter program, not more than 50 percent may be obligated or

expended until a period of 30 days has elapsed following the date

on which the Secretary of the Navy provides the first briefing

required under subsection (b).

(b) Q

UARTERLY

RIEFINGS

EQUIRED

.—

(1) I

N GENERAL

.—Beginning not later than 30 days after

the date of the enactment of this Act, and on a quarterly

basis thereafter through the end of fiscal year 2022, the Sec-

retary of the Navy shall provide to the Committees on Armed

Services of the Senate and the House of Representatives a

briefing on the progress of the CH–53K King Stallion helicopter

program.

(2) E

LEMENTS

.—Each briefing under paragraph (1) shall

include, with respect to the CH–53K King Stallion helicopter

program, the following:

(A) An overview of the program schedule.

(B) A statement of the total cost of the program as

of the date of the briefing, including the costs of develop-

ment, testing, and production.

relative to the approved acquisition program baseline.

(D) An assessment of flight testing under the program,

including identification of the number of test events that

have been conducted on-time in accordance with the joint

integrated program schedule.

(E) An update on the correction of technical deficiencies

under the program, including—

(i) identification of the technical deficiencies that

have been corrected as of the date of the briefing;

(ii) identification of the technical deficiencies that

have been discovered, but not corrected, as of such

date;

(iii) an estimate of the total cost of correcting tech-

nical deficiencies under the program; and

(iv) an explanation of any significant deviations

from the testing and program schedule that are antici-

pated due to the discovery and correction of technical

deficiencies.

Estimate.

Update.

Assessment.

Deadline.

Time period.

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133 STAT. 1239 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH–92A HELI-

COPTER.

(a) L

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2020 for

procurement for the VH–92A helicopter, not more than 80 percent

may be obligated or expended until the date on which the Secretary

of Navy submits to the Committees on Armed Services of the

Senate and the House of Representatives the report required under

subsection (b).

(b) R

EPORT

EQUIRED

.—The Secretary of the Navy shall submit

to the Committees on Armed Services of the Senate and the House

of Representatives a report assessing the status of the VH–92A

helicopter program industrial base and the potential impact of

proposed manufacturing base changes on the acquisition program.

The report shall include a description of—

(1) estimated effects on the manufacturing readiness level

of the VH–92 program due to potential changes to the program

manufacturing base;

(2) the estimated costs and assessment of cost risk to

the program due to potential changes to the program manufac-

turing base;

(3) any estimated schedule impacts, including impacts on

delivery dates for the remaining low-rate initial production

lots and full rate production, resulting from any changes to

the manufacturing base;

(4) an assessment of the effect of changes to the manufac-

turing base on VH–92A sustainment; and

(5) the impact of such changes on production and

sustainment capacity for the MH–60 and CH–53K helicopters

of the Navy.

SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELE-

MENT COMPOSITION.

(a) I

ENERAL

.—Not later than May 1, 2020, the Secretary

of the Navy shall submit to the congressional defense committees

a report on the optimal composition of the carrier air wing (CVW)

on aircraft carriers and aviation combat element (ACE) embarked

on amphibious ships in 2030 and 2040, including alternative force

design concepts.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include the following elements for the CVW and ACE:

(1) Analysis and justification for the Department of the

Navy’s stated goal of a 50/50 mix of 4th and 5th generation

aircraft for 2030.

(2) Analysis and justification for an optimal mix of aircraft

for 2040.

(3) A plan for incorporating unmanned aerial vehicles and

associated communication capabilities to effectively implement

the future force design.

(4) Analysis of the support equipment requirement for each

aircraft type and the space needed to accommodate such equip-

ment.

(5) A description of existing and potential ship designs

or design changes that would enable greater commonality and

interoperability of embarked naval aircraft, including aircraft

arresting gear and launch catapults.

Plan.

Analyses.

Estimates.

Assessments.

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133 STAT. 1240 PUBLIC LAW 116–92—DEC. 20, 2019

RIEFING

.—Not later than March 1, 2020, the Secretary

of the Navy shall provide the congressional defense committees

a briefing on the report required under subsection (a).

Subtitle D—Air Force Programs

SEC. 141. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN

C–5 AIRCRAFT.

Section 141(d) of the National Defense Authorization Act for

Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended—

(1) in paragraph (1), by striking ‘‘until the date that is

30 days after the date on which the briefing under section

144(b) of the National Defense Authorization Act for Fiscal

Year 2018 is provided to the congressional defense committees’’

and inserting ‘‘until the date that is 30 days after the date

on which the final report and briefing required under section

1712(c)(2) of the National Defense Authorization Act for Fiscal

Year 2020 have each been provided to the congressional defense

committees’’; and

(2) in paragraph (2)(A), by striking ‘‘can be returned to

service’’ and inserting ‘‘is inducted into or maintained in type

1000 recallable storage’’.

SEC. 142. OC–135B AIRCRAFT RECAPITALIZATION PROGRAM.

The Secretary of the Air Force shall ensure that any request

for proposals for the procurement of an OC–135B aircraft under

a recapitalization program for such aircraft meets the requirements

for full and open competition as set forth in section 2304 of title

10, United States Code, and includes, as part of such request

for proposals, consideration of proposals for the provision of new

production aircraft and recently manufactured aircraft.

SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE

STRUCTURE WITH NATIONAL DEFENSE STRATEGY.

(a) R

EQUIRED

UBMISSION OF

TRATEGY

.—Not later than March

1, 2020, the Secretary of the Air Force shall submit to the congres-

sional defense committees an aviation force structure acquisition

strategy that aligns with the stated capability and capacity require-

ments of the Department of the Air Force to meet the National

Defense Strategy.

(b) A

LIGNMENT

ITH

TRATEGY

.—The Secretary of the Air Force

may not deviate from the strategy submitted under subsection

(a) until—

(1) the Secretary receives a waiver from the Secretary

of Defense, in consultation with the Chairman of the Joint

Chiefs of Staff; and

(2) the Secretary of Defense provides the congressional

defense committees with the waiver approval documentation.

SEC. 144. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION

IN KC–10 PRIMARY MISSION AIRCRAFT INVENTORY.

None of the funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2020 for the Air Force

may be obligated or expended to reduce the number of KC–10

aircraft in the primary mission aircraft inventory of the Air Force.

Documentation.

Consultation.

Waivers.

Deadline.

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133 STAT. 1241 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F–15EX AIR-

CRAFT.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2020 for the Air Force may be obli-

gated or expended to procure any F–15EX aircraft, other than

the first two prototypes of such aircraft, until a period of 15 days

has elapsed following the date on which the Secretary of the Air

Force submits to the congressional defense committees a report

on the following topics relating to the F–15EX program:

(1) Acquisition strategy.

(2) Cost and schedule estimates.

(3) Test and evaluation strategy.

(4) Logistics strategy.

(5) Post-production fielding strategy.

(b) E

XCEPTION FOR

ONG

LEAD

TEMS

.—

(1) I

N GENERAL

.—Notwithstanding subsection (a), the Sec-

retary of the Air Force may use the funds described in para-

graph (2) to procure long-lead items for up to six additional

F–15EX aircraft beyond the first two prototypes of such aircraft.

(2) F

UNDS DESCRIBED

.—The funds described in this para-

graph are funds authorized to be appropriated by this Act

or otherwise made available for fiscal year 2020 for the Air

Force for any of the following:

(A) Research and development, nonrecurring

engineering.

(B) Aircraft procurement.

ROGRAM

EFINED

.—In this section, the term ‘‘F–

15EX program’’ means the F–15EX aircraft program of the Air

Force as described in the materials submitted to Congress by the

Secretary of Defense in support of the budget of the President

for fiscal year 2020 (as submitted to Congress under section 1105(a)

of title 21, United States Code).

SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–25B AIR-

CRAFT.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2020 or any subsequent fiscal year

for the Air Force may be obligated or expended to carry out over

and above work on the VC–25B aircraft until a period of 30 days

has elapsed following the date on which the Secretary of the Air

Force notifies the congressional defense committees of the intent

of the Secretary to authorize such work.

(b) E

XCEPTION

.—The limitation under subsection (a) shall not

apply to over and above work carried out—

(1) to repair or replace items damaged during the testing

of the VC–25B aircraft; or

(2) to make changes necessary to meet operational require-

ments.

EFINITIONS

.—In this section:

(1) The term ‘‘operational requirements’’ means any of the

operational requirements for the VC–25B aircraft described

in the capability development document or the system require-

ments document for the Presidential Aircraft Recapitalization

Program.

Time period.

Notification.

Estimates.

Time period.

Reports.

Strategies.

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133 STAT. 1242 PUBLIC LAW 116–92—DEC. 20, 2019

(2) The term ‘‘over and above work’’ means work performed

pursuant to line 0012 (CLIN 0012) of the contract for Presi-

dential Aircraft Recapitalization entered into between the

Department of the Air Force and the Boeing Company (contract

number FA8625–16–C–6599).

SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC–26B AIR-

CRAFT.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2020 for the Air Force may be obli-

gated or expended to retire, divest, realign, or place in storage

or on backup aircraft inventory status, or prepare to retire, divest,

realign, or place in storage or backup inventory status, any RC–

26B aircraft until the date on which the Secretary of the Air

Force submits to the congressional defense committees—

(1) the report required under subsection (c); and

(2) the certification required under subsection (d).

(b) E

XCEPTION

.—The limitation in subsection (a) shall not apply

to individual RC–26B aircraft that the Secretary of the Air Force

determines, on a case-by-case basis, to be no longer mission capable

because of mishaps or other damage.

EPORT

EQUIRED

.—Not later than 90 days after the date

of the enactment of this Act, the Secretary of the Air Force shall

submit to the congressional defense committees a report that

includes the following:

(1) A survey of any requirements for the Air Force to

provide intelligence, surveillance, and reconnaissance support

to other military forces and civil authorities that the Air Force

and the Air National Guard meet using the RC–26B aircraft.

(2) An assessment of the extent to which such requirements

are appropriate for the Air Force to fulfill.

(3) The manner in which the Secretary would meet such

requirements if the RC–26B aircraft were to be retired.

(4) A comparison of costs and effectiveness of alternative

means of providing intelligence, surveillance, and reconnais-

sance support to other military forces and civil authorities.

(5) An assessment of the utility of entering into one or

more memoranda of agreement with other military forces and

civil authorities to govern the process for providing intelligence,

surveillance, and reconnaissance support to those forces and

authorities.

(d) C

ERTIFICATION

EQUIRED

.—Not later than 60 days after

the date on which the Secretary of the Air Force submits the

report required under subsection (c), the Secretary shall certify

to the congressional defense committees—

(1) whether there are requirements for the Air Force to

provide intelligence, surveillance, and reconnaissance support

to other military forces and civil authorities that the Air Force

meets using the RC–26B aircraft; and

(2) whether the Secretary has identified methods of meeting

such requirements that are more effective and more efficient

than meeting such requirements through the use of the RC–

26B aircraft.

Deadline.

Assessment.

Survey.

Determination.

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133 STAT. 1243 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT

OF RC–135 AIRCRAFT.

(a) L

IMITATION

.—Except as provided in subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2020 for the Air Force may be obli-

gated or expended to retire, or prepare to retire, any RC–135

aircraft until a period of 60 days has elapsed following the date

on which the Secretary of Defense certifies to the congressional

defense committees that—

(1) technologies other than the RC–135 aircraft provide

capacity and capabilities equivalent to the capacity and

capabilities of the RC–135 aircraft; and

(2) the capacity and capabilities of such other technologies

meet the requirements of combatant commanders with respect

to indications and warning, intelligence preparation of the oper-

ational environment, and direct support for kinetic and non-

kinetic operations.

(b) E

XCEPTION

.—The limitation in subsection (a) shall not apply

to individual RC–135 aircraft that the Secretary of the Air Force

determines, on a case-by-case basis, to be no longer mission capable

because of mishaps, other damage, or being uneconomical to repair.

SEC. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that—

(1) it is critical that the Air Force has the capability to

train against an advanced air adversary in order to be prepared

for conflicts against a modern enemy force, and that in order

to have this capability, the Air Force must have access to

an advanced adversary force prior to United States adversaries

fielding a 5th-generation operational capability; and

(2) the Air Force’s plan to use low-rate initial production

F–35As as aggressor aircraft reflects a recognition of the need

to field a modernized aggressor fleet.

(b) R

EPORT

.—

(1) I

N GENERAL

.—The Secretary of the Air Force may not

transfer any low-rate initial production F–35 aircraft for use

as aggressor aircraft until the Chief of Staff of the Air Force

submits to the congressional defense committees a comprehen-

sive plan and report on the strategy for modernizing its organic

aggressor fleet.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) Potential locations for F–35A aggressor aircraft,

including an analysis of installations that—

(i) have the size and availability of airspace nec-

essary to meet flying operations requirements;

(ii) have sufficient capacity and availability of

range space;

(iii) are capable of hosting advanced-threat

training exercises; and

(iv) meet or require minimal addition to the

environmental requirements associated with the basing

action.

(B) An analysis of the potential cost and benefits of

expanding aggressor squadrons currently operating 18 Pri-

mary Assigned Aircraft (PAA) to a level of 24 PAA each.

Analyses.

Plan.

Determination.

Time period.

Certification.

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133 STAT. 1244 PUBLIC LAW 116–92—DEC. 20, 2019

with modernizing the current Air Force aggressor squad-

rons to include upgrading aircraft radar, infrared search-

and-track systems, radar warning receiver, tactical

datalink, threat-representative jamming pods, and other

upgrades necessary to provide a realistic advanced

adversary threat.

SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER

FIELDING.

(a) S

ENSE OF

ONGRESS

.—It is the sense of Congress that,

given delays to Operational Loss Replacement (OLR) program

fielding and the on-time fielding of Combat Rescue Helicopter

(CRH), the Air National Guard should retain additional HH–60G

helicopters at Air National Guard locations to meet their rec-

ommended primary aircraft authorized (PAA) per the Air Force’s

June 2018 report on Air National Guard HH–60 requirements.

(b) R

EPORT ON

IELDING

LAN

.—

(1) I

N GENERAL

.—Not later than 45 days after the date

of the enactment of this Act, the Secretary of the Air Force

shall submit to the congressional defense committees a report

on its fielding plan for the CRH program.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A description of the differences in capabilities

between the HH–60G, OLR, and CRH helicopters.

(B) A description of the costs and risks associated

with changing the CRH fielding plan to reduce or eliminate

inventory shortfalls.

program available within the current contract.

(D) A description of the operational risks and benefits

associated with fielding the CRH to the active component

first, including—

(i) how the differing fielding plan may affect

deployment schedules;

(ii) what capabilities active-component units

deploying with the CRH will have that reserve compo-

nent units deploying with OLR will not; and

(iii) an analysis of the potential costs and benefits

that could result from accelerating CRH fielding to

all units through additional funding in the future years

defense program.

EPORT ON

RAINING

LAN

.—

(1) I

N GENERAL

.—Not later than 45 days after the date

of the enactment of this Act, the Secretary of the Air Force

shall submit to the congressional defense committees a report

on the plan to sustain training for initial-entry reserve compo-

nent HH–60G pilots once the active component of the Air

Force has received all of its CRH helicopters.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) Projected reserve component aircrew initial HH–

60G/OLR qualification training requirements, by year.

(B) The number of legacy HH–60G/OLR helicopters

required to continue providing initial HH–60G qualification

Analysis.

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133 STAT. 1245 PUBLIC LAW 116–92—DEC. 20, 2019

training through the 150th Special Operations Wing at

Kirtland Air Force Base.

viding initial HH–60G/OLR qualification training through

the 150th Special Operations Wing at Kirtland Air Force

Base.

(D) The number of flying hours required per pilot to

perform ‘‘differences training’’ at home station for initial

entry HH–60 pilots receiving CRH training at Kirtland

Air Force Base to become qualified in the HH–60G/OLR

at their home station.

(E) The projected effect of using local flying training

hours at reserve component units on overall unit training

readiness and ability to meet Ready Aircrew Program

requirements.

SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR

PROCUREMENT OF JASSM–ER MISSILES.

(a) I

ENERAL

.—Not later than March 31, 2020, the Secretary

of the Air Force shall submit a report to the congressional defense

committees assessing the feasibility of entering into a multiyear

contract for procurement of JASSM–ER missiles starting in fiscal

year 2022.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include the following elements:

(1) An initial assessment of cost savings to the Air Force

from a multiyear contract.

(2) An analysis of at least two different multiyear contract

options that vary in either duration or quantity, at least one

of which assumes a maximum procurement of 550 missiles

per year for 5 years.

(3) An assessment of how a multiyear contract will impact

the industrial base.

(4) An assessment of how a multiyear contract will impact

the Long Range Anti-Ship Missile.

(5) An assessment of how a multiyear contract will impact

the ability of the Air Force to develop additional capabilities

for the JASSM–ER missile.

SEC. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.

(a) R

EPORT

.—Not later than 90 days after the date of the

enactment of this Act, the Secretary of the Air Force shall submit

to the congressional defense committees a report on the aircraft

fleet of the Civil Air Patrol.

(b) E

LEMENTS

.—The report required by subsection (a) shall

include an assessment of each of the following:

(1) Whether the number of aircraft, types of aircraft, and

operating locations that comprise the Civil Air Patrol fleet

are suitable for the missions and responsibilities assigned to

the Civil Air Patrol, including—

(A) flight proficiency and training;

(B) operational mission training; and

training programs in the Civil Air Patrol wing of each

State.

(2) The ideal overall size of the Civil Air Patrol aircraft

fleet, including a description of the factors used to determine

that ideal size.

Assessments.

Analysis.

Assessments.

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133 STAT. 1246 PUBLIC LAW 116–92—DEC. 20, 2019

(3) The process used by the Civil Air Patrol and the Air

Force to determine the number and location of aircraft oper-

ating locations and whether State Civil Air Patrol wing com-

manders are appropriately involved in that process.

(4) The process used by the Civil Air Patrol, the Air Force,

and other relevant entities to determine the type and number

of aircraft that are needed to support the emergency, oper-

ational, and training missions of the Civil Air Patrol.

SEC. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT

INITIATIVE OF THE AIR FORCE.

It is the sense of the Congress that—

(1) The United States Special Operations Command has

a mission requirement to support foreign internal defense

training and a light attack aircraft platform could potentially

facilitate meeting that requirement.

(2) The Secretary of the Air Force should coordinate with

the Commander of the United States Special Operations Com-

mand to assess how general purpose forces and special oper-

ations forces can leverage the light attack aircraft phase three

experimentation activities of the Air Force.

(3) The Secretary of the Air Force, in coordination with

the Commander of the United States Special Operations Com-

mand, should explore options for coordinating light attack air-

craft experiment activities between general purpose forces and

special operations forces to maximize efficiency and effective-

ness and to further the mission requirements of both forces,

including options to transfer a portion of funds authorized

for Air Force light attack aircraft experiments to procure air-

craft for supporting the combat air advisor mission of the

Special Operations Command.

Subtitle E—Defense-wide, Joint, and

Multiservice Matters

SEC. 161. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO-

BUDGET ACQUISITION FOR F–35 AIRCRAFT PROGRAM.

(a) E

CONOMIC

RDER

UANTITY

ONTRACT

UTHORITY

.—

(1) I

N GENERAL

.—Subject to paragraphs (2) through (4),

from amounts made available for obligation under the F–35

aircraft program, the Secretary of Defense may enter into one

or more contracts, beginning with the fiscal year 2020 program

year, for the procurement of economic order quantities of mate-

rial and equipment that has completed formal hardware quali-

fication testing for the F–35 aircraft program for use in procure-

ment contracts to be awarded for such program during fiscal

years 2021, 2022, and 2023.

(2) L

IMITATION

.—The total amount obligated under all con-

tracts entered into under paragraph (1) shall not exceed

$574,000,000.

(3) P

RELIMINARY FINDINGS

.—Before entering into a contract

under paragraph (1), the Secretary of Defense shall make each

of the following findings with respect to such contract:

(A) The use of such a contract will result in significant

savings of the total anticipated costs of carrying out the

program through annual contracts.

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133 STAT. 1247 PUBLIC LAW 116–92—DEC. 20, 2019

(B) The minimum need for the property to be procured

is expected to remain substantially unchanged during the

contemplated contract period in terms of production rate,

procurement rate, and total quantities.

the contemplated contract period, the Secretary will request

funding for the contract at the level required to avoid

contract cancellation.

(D) That there is a stable, certified, and qualified

design for the property to be procured and that the tech-

nical risks and redesign risks associated with such property

are low.

(E) The estimates of both the cost of the contract

and the anticipated cost avoidance through the use of an

economic order quantity contract are realistic.

(F) Entering into the contract will promote the national

security interests of the United States.

(4) C

ERTIFICATION REQUIREMENT

.—The Secretary of

Defense may not enter into a contract under paragraph (1)

until a period of 30 days has elapsed following the date on

which the Secretary certifies to the congressional defense

committees, in writing, that each of the following conditions

is satisfied:

(A) A sufficient number of end items of the system

being acquired under such contract have been delivered

at or within the most recently available estimates of the

program acquisition unit cost or procurement unit cost

for such system to determine that the estimates of the

unit costs are realistic.

(B) During the fiscal year in which such contract is

to be awarded, sufficient funds will be available to perform

the contract in such fiscal year, and the future-years

defense program submitted to Congress under section 221

of title 10, United States Code, for that fiscal year will

include the funding required to execute the program with-

out cancellation.

(D) The proposed contract provides for production at

not less than minimum economic rates given the existing

tooling and facilities.

(E) The Secretary has determined that each of the

conditions described in subparagraphs (A) through (F) of

paragraph (3) will be met by such contract and has provided

the basis for such determination to the congressional

defense committees.

(b) B

BUDGET

CQUISITION

.—Subject to section 2308 of

title 10, United States Code, the Secretary of Defense may procure

a quantity of F–35 aircraft in excess of the quantity authorized

by this Act.

SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER

READY-FOR-ISSUE SPARE PARTS FOR THE F–35 AIRCRAFT

PROGRAM.

(a) R

EQUIREMENT TO

EEK

ELIEF

.—Consistent with the

findings and recommendations of the Inspector General of the

Department of Defense in the report titled ‘‘Audit of F–35 Ready-

For-Issue Spare Parts and Sustainment Performance Incentive

Determination.

Time period.

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133 STAT. 1248 PUBLIC LAW 116–92—DEC. 20, 2019

Fees’’ (DODIG–2019–094) and dated June 13, 2019, the Secretary

of Defense shall seek relief, as described in subsection (b), from

prime contractors that delivered noncompliant ready-for-issue spare

parts pursuant a contract under the F–35 aircraft program.

(b) R

ELIEF

ESCRIBED

.—The relief sought by the Secretary

of Defense under subsection (a) may include the following:

(1) Specific performance.

(2) Compensation for costs incurred by the Department

of Defense as a result of the contractor’s failure to deliver

compliant ready-for-issue spare parts under the contract.

(3) Any other form of remediation or compensation the

Secretary determines to be appropriate.

ULE OF

ONSTRUCTION

.—Nothing in this section shall be

construed—

(1) to alter the terms of a contract under the F–35 aircraft

program; or

(2) to authorize the Secretary of Defense to seek forms

of relief beyond those otherwise available under law.

SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR REALLOCA-

TION OF TURKISH F–35A AIRCRAFT TO THE UNITED

STATES.

(a) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for fiscal year

2020 for the Air Force may be obligated or expended to procure

a covered F–35A aircraft for the United States Air Force until

a period of 15 days has elapsed following the date on which the

Secretary of Defense certifies to the congressional defense commit-

tees that—

(1) ancillary mission equipment, initial spare parts and

materials, technical data, and publications will be procured

for each covered F–35A aircraft delivered to the Air Force;

and

(2) each such aircraft will be delivered to the Air Force

in a common configuration that may be operated and integrated

within the fleet of F–35A aircraft of the Air Force.

(b) C

OVERED

F–35A A

IRCRAFT

EFINED

.—In this section, the

term ‘‘covered F–35A aircraft’’ means an F–35A aircraft previously

procured by or on behalf of the Government of the Republic of

Turkey in F–35 production lot 12, 13, or 14.

SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS

SOFTWARE DEVELOPMENT SOLUTION AS AN ALTER-

NATIVE FOR JOINT STRIKE FIGHTER AUTONOMIC LOGIS-

TICS INFORMATION SYSTEM.

(a) C

OMPETITIVE

NALYSIS

.—The Secretary of Defense shall

conduct a competitive analysis of the performance and design

architecture enhancement efforts between the currently fielded

Autonomic logistics Information System, Autonomic Logistics

Information System–Next, and the Department of the Air Force

Agile Development Operations Madhatter initiative efforts,

including system technology transition opportunities and timelines.

RIEFING

.—Not later than September 30, 2020, the Sec-

retary of Defense shall provide the congressional defense committees

a briefing on the findings of the competitive analysis carried out

under subsection (a).

Deadline.

Time period.

Certification.

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133 STAT. 1249 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 165. F–35 SUSTAINMENT COST.

(a) Q

UARTERLY

PDATE

.—The Under Secretary of Defense for

Acquisition and Sustainment shall include in the quarterly report

required under section 155 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232)—

(1) sustainment cost data related to the F–35 program,

including a comparison in itemized format of the cost of legacy

aircraft and the cost of the F–35 program, based on a standard-

ized set of criteria; and

(2) an evaluation and metrics on the extent to which the

goals developed pursuant to subsection (b) are being achieved.

(b) C

OST

EDUCTION

LAN

.—

(1) I

N GENERAL

.—The Under Secretary of Defense for

Acquisition and Sustainment shall develop and implement a

plan for achieving significant reductions in the costs to operate,

maintain, and sustain the F–35 system.

(2) E

LEMENTS

.—The plan required under paragraph (1)

shall include the following elements:

(A) Specific changes in the management and execution

of operation and support (O&S) cost elements to engender

continuous and measurable process improvements.

(B) Specific actions the Department will implement

in the near, mid, and long terms to reduce O&S costs.

the specific actions and process changes.

(3) R

EPORT

.—Not later than 180 days after the date of

the enactment of this Act, the Under Secretary shall submit

to the congressional defense committees a report on the baseline

plan developed pursuant to paragraph (1).

SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE

F–35 AIRCRAFT PROGRAM.

(a) F-35 B

LOCK

AND

ONTINUOUS

APABILITY

EVELOPMENT

AND

ELIVERY

ROGRAM

.—The Secretary of Defense shall include

with the annual report required by section 224(d) of the National

Defense Authorization Act for Fiscal Year 2017 (Public Law 114–

328; 130 Stat. 2059) an integrated master schedule and past

performance assessment for each planned phase of the F–35 Block

4 Upgrade and Continuous Capability Development and Delivery

Program.

(b) C

OMPTROLLER

ENERAL

EPORTS

.—

(1) A

NNUAL REPORT REQUIRED

.—Not later than 30 days

after the date on which the budget of the President is submitted

to Congress under section 1105(a) of title 31, United States

Code, for each of fiscal years 2021 through 2025, the Comp-

troller General of the United States shall submit to the congres-

sional defense committees a report on the F–35 aircraft pro-

gram.

(2) E

LEMENTS

.—Each report under paragraph (1) shall

include, with respect to the F–35 aircraft program, the fol-

lowing:

(A) An assessment of the progress of manufacturing

processes improvement under the program.

(B) The progress and results of the F–35 Block 4

Upgrade and Continuous Capability Development and

Delivery Program and other follow-on modernization

development and testing efforts.

Assessments.

Evaluation.

Data.

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133 STAT. 1250 PUBLIC LAW 116–92—DEC. 20, 2019

delivering software upgrades in six-month, scheduled incre-

ments.

(D) The progress and results of any other significant

hardware development and fielding efforts necessary for

the F–35 Block 4 Upgrade and Continuous Capability

Development and Delivery Program.

(E) Any other issues the Comptroller General deter-

mines to be appropriate.

LOCK

4 D

EFINED

.—In this section, the term ‘‘F–

35 Block 4 Upgrade and Continuous Capability Development and

Delivery Program’’ means Block 4 capability upgrades for the F–

35 aircraft program as described in the Selected Acquisition Report

for the program submitted to Congress in March 2019, pursuant

to section 2432 of title 10, United States Code.

SEC. 167. OTHER REPORTS ON THE F–35 AIRCRAFT PROGRAM.

(a) R

EPORT ON

F–35 R

ELIABILITY AND

AINTAINABILITY

ETRICS

.—The Secretary of Defense shall submit to the congres-

sional defense committees a report on the reliability and maintain-

ability metrics for the F–35 aircraft. The report shall include the

following:

(1) The results of a review and assessment, conducted

by the program office for the F–35 aircraft program, of the

reliability and maintainability metrics for the aircraft as set

forth in the most recent operational requirements document

for the program.

(2) A determination of whether the reliability and maintain-

ability metrics for the aircraft, as set forth in the most recent

operational requirements document for the program, are fea-

sible and attainable, and what changes, if any, will be made

to update the metrics.

(3) A certification that the program office for the F–35

aircraft program has revised the reliability and maintainability

improvement plan for the aircraft—

(A) to identify specific and measurable reliability and

maintainability objectives in the improvement plan guid-

ance; and

(B) to identify and document which projects included

in the improvement plan will achieve the objectives identi-

fied under subparagraph (A).

(b) R

EPORT ON

F–35 B

LOCK

4 U

PGRADE AND

ONTINUOUS

APA

BILITY

EVELOPMENT AND

ELIVERY

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

to the congressional defense committees a report on the F–

35 Block 4 Upgrade and Continuous Capability Development

and Delivery Program. The report shall include the following:

(A) The results of the independent cost estimate for

the Program conducted by the Director of Cost Assessment

and Program Evaluation.

(B) An approved test and evaluation master plan that

addresses the adequacy of testing resources, testing aircraft

shortfalls, and testing funding.

continuous capability development and delivery strategy

for fielding technologies under the Program as conducted

Review.

Plan.

Cost estimate.

Certification.

Determination.

Review.

Assessment.

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133 STAT. 1251 PUBLIC LAW 116–92—DEC. 20, 2019

by the Under Secretary of Defense for Research and

Engineering.

(2) F–35

BLOCK 4 DEFINED

.—In this subsection, the term

‘‘F–35 Block 4 Upgrade and Continuous Capability Development

and Delivery Program’’ has the meaning given that term in

section 166.

EPORT ON

F–35 A

UTONOMIC

OGISTICS

NFORMATION

YSTEM

.—The Secretary of Defense shall submit to the congres-

sional defense committees a report on the autonomic logistics

information system of the F–35 aircraft. The report shall include

a description of each of the following:

(1) All shortfalls, capability gaps, and deficiencies in the

system that have been identified as of the date of the enactment

of this Act.

(2) The strategy and performance requirements that will

be implemented to improve the system.

(3) The strategy, implementation plan, schedule, and esti-

mated costs of developing and fielding—

(A) the next generation of the system; or

(B) future increments of the system.

(d) F-35 L

IFE

CYCLE

OST

STIMATES

.—

(1) J

OINT COST ESTIMATE

.—The Secretary of the Air Force

and the Secretary of the Navy shall jointly develop a joint

service cost estimate for the life-cycle costs of the F–35 aircraft

program.

(2) I

NDEPENDENT COST ESTIMATE

.—The Director of Cost

Assessment and Program Evaluation shall develop an inde-

pendent cost estimate for the life-cycle costs of the F–35 aircraft

program.

(e) D

EADLINE FOR

UBMITTAL

.—The reports required under sub-

sections (a) through (d) shall be submitted to the congressional

defense committees not later than 180 days after the date of the

enactment of this Act.

SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICA-

TIONS SYSTEMS LACKING CERTAIN RESILIENCY FEA-

TURES.

(a) I

ENERAL

.—Except as provided under subsection (b), none

of the funds authorized to be appropriated by this Act or otherwise

made available for fiscal year 2020 for the Department of Defense

may be obligated or expended for the procurement of a current

or future Department of Defense communications program of record,

and the Department may not otherwise procure a current or future

communications program of record, unless the communications

equipment—

(1) mitigates geolocation of a transmission that would allow

a like echelon enemy force to target the user;

(2) securely communicates classified information in a con-

tested communications environment that includes operationally

representative jamming;

(3) reduces, within two years of continued development

and upgrades, electronic signature and susceptibility to

geolocation by using low probability of intercept/detect (LPI/

LPD) waveforms, or other capability that would provide the

same resiliency on the battlefield; and

(4) utilizes a waveform that is either made available

through the Department of Defense Waveform Information

Deadline.

Implementation

plan.

Cost estimates.

Requirements.

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133 STAT. 1252 PUBLIC LAW 116–92—DEC. 20, 2019

Repository, or is a commercial off the shelf (COTS) waveform

available for government licensing with waveform analysis

through the Joint Tactical Networking Center (JTNC) Tactical

Communications Marketplace.

(b) W

AIVER

.—The Secretary of a military department may waive

the requirement under subsection (a) with respect to a communica-

tions system upon certifying to the congressional defense commit-

tees that the system’s intended use is not for contested environ-

ments or will meet the requirement when operated as a component

of an integrated network.

SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA

LINK REQUIREMENT.

(a) R

EPORT

EQUIRED

.—

(1) I

N GENERAL

.—Not later than February 1, 2020, the

Under Secretary of Defense for Acquisition and Sustainment

shall submit to the congressional defense committees a report

on the status of the Common Data Link program and plans

to meet new and emerging manned and unmanned intelligence,

surveillance, and reconnaissance (ISR) vehicle secure and inter-

operable communication requirements.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A description of each Common Data Link (CDL)

waveform in use and which platforms or systems utilize

each CDL waveform.

(B) A list of manned and unmanned ISR platforms

or systems in development requiring networked, secure,

low latency communications, and an assessment of the

suitability of CDL to meet the requirements of each planned

program.

development efforts to address networking requirements

for manned and unmanned ISR systems operating in con-

tested and denied environments.

(b) R

EPEAL

.—Section 157 of the National Defense Authorization

Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667)

is hereby repealed.

TITLE II—RESEARCH, DEVELOPMENT,

TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Program on enhancement of preparation of dependents of members of

Armed Forces for careers in science, technology, engineering, and math-

ematics.

Sec. 212. Updates to the Department of Defense personnel management authority

to attract experts in science and engineering.

Sec. 213. Establishment of joint reserve detachment of the Defense Innovation

Unit.

Sec. 214. Research and educational programs and activities for Historically Black

Colleges and Universities and Minority-Serving Institutions of Higher

Education.

Sec. 215. Modification of authority for prizes for advanced technology achievements.

Sec. 216. Joint hypersonics transition office.

Sec. 217. Modification of proof of concept commercialization program.

List.

Assessment.

Certification.

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133 STAT. 1253 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 218. Modification of authority and addition of technology areas for expedited

access to technical talent.

Sec. 219. Expansion of coordination in support of national security innovation and

entrepreneurial education.

Sec. 220. Modification of defense quantum information science and technology re-

search and development program.

Sec. 221. Understanding of investments in artificial intelligence and development

of capabilities by adversaries.

Sec. 222. Advisory role of JASON scientific advisory group.

Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program.

Sec. 224. Requiring defense microelectronics products and services meet trusted

supply chain and operational security standards.

Sec. 225. Development and acquisition strategy to procure secure, low probability

of detection data link network capability.

Sec. 226. Establishment of secure next-generation wireless network (5G) infrastruc-

ture for the Nevada Test and Training Range and base infrastructure.

Sec. 227. Administration of manufacturing innovation institutes funded by the De-

partment of Defense.

Sec. 228. Research program on foreign malign influence operations.

Sec. 229. Diversification of the research and engineering workforce of the Depart-

ment of Defense.

Sec. 230. Policy on the talent management of digital expertise and software profes-

sionals.

Sec. 231. Digital engineering capability to automate testing and evaluation.

Sec. 232. Process to align policy formulation and emerging technology development.

Sec. 233. Improvement of the Strategic Capabilities Office of the Department of De-

fense.

Sec. 234. Pilot program on enhanced civics education.

Sec. 235. Technology and national security fellowship.

Sec. 236. Documentation relating to the Advanced Battle Management System.

Sec. 237. Sensor data integration for fifth generation aircraft.

Sec. 238. Sense of Congress on future vertical lift technologies.

Sec. 239. Use of funds for Strategic Environmental Research Program, Environ-

mental Security Technical Certification Program, and Operational En-

ergy Capability Improvement.

Sec. 240. Limitation and report on Indirect Fire Protection Capability Increment 2

capability.

Subtitle C—Plans, Reports, and Other Matters

Sec. 251. Master plan for implementation of authorities relating to science and

technology reinvention laboratories.

Sec. 252. Infrastructure to support research, development, test, and evaluation mis-

sions.

Sec. 253. Energetics plan.

Sec. 254. Strategy and implementation plan for fifth generation information and

communications technologies.

Sec. 255. Department-wide software science and technology strategy.

Sec. 256. Artificial intelligence education strategy.

Sec. 257. Cyber science and technology activities roadmap and reports.

Sec. 258. Report on B–52 commercial engine replacement program.

Sec. 259. Commercial edge computing technologies and best practices for Depart-

ment of Defense warfighting systems.

Sec. 260. Biannual report on the Joint Artificial Intelligence Center.

Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 262. National Study on Defense Research At Historically Black Colleges and

Universities and Other Minority Institutions.

Sec. 263. Study on national security emerging biotechnologies for the Department

of Defense.

Sec. 264. Independent study on optimizing resources allocated to Combating Ter-

rorism Technical Support Office.

Sec. 265. Independent assessment of electronic warfare plans and programs.

Sec. 266. Technical correction to Global Research Watch Program.

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133 STAT. 1254 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2020 for the use of the Department of Defense for research, develop-

ment, test, and evaluation, as specified in the funding table in

section 4201.

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPEND-

ENTS OF MEMBERS OF ARMED FORCES FOR CAREERS IN

SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHE-

MATICS.

(a) P

ROGRAM

EQUIRED

.—Chapter 111 of title 10, United States

Code, is amended by inserting after section 2192a the following

new section:

‘‘§ 2192b. Program on enhancement of preparation of depend-

ents of members of armed forces for careers in

science, technology, engineering, and mathe-

matics

‘‘(a) P

ROGRAM

EQUIRED

.—The Secretary of Defense shall carry

out a program to—

‘‘(1) enhance the preparation of students at covered schools

for careers in science, technology, engineering, and mathe-

matics; and

‘‘(2) provide assistance to teachers at covered schools to

enhance preparation described in paragraph (1).

‘‘(b) C

OORDINATION

.—In carrying out the program, the Secretary

shall coordinate with the following:

‘‘(1) The Secretaries of the military departments.

‘‘(2) The Secretary of Education.

‘‘(3) The National Science Foundation.

‘‘(4) Other organizations as the Secretary of Defense con-

siders appropriate.

‘‘(c) A

CTIVITIES

.—Activities under the program may include the

following:

‘‘(1) Establishment of targeted internships and cooperative

research opportunities at defense laboratories and other tech-

nical centers for students and teachers at covered schools.

‘‘(2) Establishment of scholarships and fellowships for stu-

dents at covered schools.

‘‘(3) Efforts and activities that improve the quality of

science, technology, engineering, and mathematics educational

and training opportunities for students and teachers at covered

schools, including with respect to improving the development

of curricula at covered schools.

‘‘(4) Development of travel opportunities, demonstrations,

mentoring programs, and informal science education for stu-

dents and teachers at covered schools.

10 USC 2192b.

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133 STAT. 1255 PUBLIC LAW 116–92—DEC. 20, 2019

‘‘(d) M

ETRICS

.—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) C

OVERED

CHOOLS

EFINED

.—In this section, the term

‘covered schools’ means elementary or secondary schools at which

the Secretary determines a significant number of dependents of

members of the armed forces are enrolled.’’.

(b) C

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of such chapter is amended by inserting after the item relating

to section 2192a the following new item:

‘‘2192b. Program on enhancement of preparation of dependents of members of armed

forces for careers in science, technology, engineering, and mathematics.’’.

ONFORMING

EPEAL

.—Section 233 of the Carl Levin and

Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act

for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note)

is repealed.

SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE PERSONNEL

MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN

SCIENCE AND ENGINEERING.

(a) I

ENERAL

.—Subsection (a) of section 1599h of title 10,

United States Code, is amended by adding at the end the following

new paragraph:

‘‘(6) J

OINT ARTIFICIAL INTELLIGENCE CENTER

.—The Director

of the Joint Artificial Intelligence Center may carry out a

program of personnel management authority provided in sub-

section (b) in order to facilitate recruitment of eminent experts

in science or engineering for the Center. The authority to

carry out the program under this paragraph shall terminate

on December 31, 2024.’’.

(b) S

COPE OF

PPOINTMENT

UTHORITY

.—Subsection (b)(1) of

such section is amended—

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

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

(3) by adding at the end the following new subparagraph:

‘‘(F) in the case of the Joint Artificial Intelligence

Center, appoint scientists and engineers to a total of not

more than 5 scientific and engineering positions in the

Center;’’.

XTENSION OF

ERMS OF

PPOINTMENT

.—Subsection (c)(2)

of such section is amended by striking ‘‘or the Defense Innovation

Unit Experimental’’ and inserting ‘‘the Defense Innovation Unit,

or the Joint Artificial Intelligence Center’’.

(d) U

PDATE TO

RGANIZATIONAL

AME

.—Such section is further

amended—

(1) in subsection (a)(5)—

(A) in the subsection heading by striking ‘‘DIUX’’ and

inserting ‘‘DIU’’; and

(B) by striking ‘‘Experimental’’; and

(2) in subsection (b)(1)(E), by striking ‘‘Experimental’’.

SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE

DEFENSE INNOVATION UNIT.

(a) I

ENERAL

.—

(1) E

STABLISHMENT OF JOINT RESERVE DETACHMENT OF THE

DEFENSE INNOVATION UNIT

.—Chapter 139 of title 10, United

Termination

date.

10 USC 2191

prec.

Assessments.

Evaluation.

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133 STAT. 1256 PUBLIC LAW 116–92—DEC. 20, 2019

States Code, is amended by inserting after section 2358a the

following new section:

‘‘§ 2358b. Joint reserve detachment of the Defense Innovation

Unit

‘‘(a) E

STABLISHMENT

.—The Secretary of Defense, in consultation

with the Secretaries of the military departments, may establish

a joint reserve detachment (referred to in this section as the ‘Detach-

ment’) composed of members of the reserve components described

in subsection (b) to be assigned to each office of the Defense Innova-

tion Unit to—

‘‘(1) support engagement and collaboration with private-

sector industry and the community surrounding the location

of such office; and

‘‘(2) to accelerate the use and adoption of commercially-

developed technologies for national security purposes.

‘‘(b) M

EMBERS

.—Each Secretary of a military department shall

select for the Detachment, and make efforts to retain, members

of the reserve components who possess relevant private-sector

experience in the fields of business, acquisition, intelligence,

engineering, technology transfer, science, mathematics, program

management, logistics, cybersecurity, or such other fields as deter-

mined by the Under Secretary of Defense for Research and

Engineering.

‘‘(c) D

UTIES

.—The Detachment shall have the following duties:

‘‘(1) Providing the Department of Defense with—

‘‘(A) expertise on and analysis of commercially-devel-

oped technologies;

‘‘(B) commercially-developed technologies to be used

as alternatives for technologies in use by the Department;

and

‘‘(C) opportunities for greater engagement and

collaboration between the Department and private-sector

industry on innovative technologies.

‘‘(2) On an ongoing basis—

‘‘(A) partnering with the military departments, the

combatant commands, and other Department of Defense

organizations to—

‘‘(i) identify and rapidly prototype commercially-

developed technologies; and

‘‘(ii) use alternative contracting mechanisms to pro-

cure such technologies;

‘‘(B) increasing awareness of—

‘‘(i) the work of the Defense Innovation Unit; and

‘‘(ii) the technology requirements of the Depart-

ment of Defense as identified in the National Defense

Science and Technology Strategy developed under sec-

tion 218 of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law

115–232; 132 Stat. 1679); and

‘‘(C) using the investment in research and development

made by private-sector industry in assessing and devel-

oping dual-use technologies.

‘‘(3) Carrying out other activities as directed by the Under

Secretary of Defense for Research and Engineering.

‘‘(d) J

OINT

UTY

.—Assignment to a Detachment shall not

qualify as a joint duty assignment, as defined in section 668(b)(1)

Consultation.

10 USC 2358b.

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133 STAT. 1257 PUBLIC LAW 116–92—DEC. 20, 2019

of title 10, United States Code, unless approved by the Secretary

of Defense.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 2358a the following new item:

‘‘2358b. Joint reserve detachment of the Defense Innovation Unit.’’.

(b) I

MPLEMENTATION

EPORT

.—Not later than 120 days after

the date of the enactment of this Act, the Under Secretary of

Defense for Research and Engineering, in consultation with the

Director of the Defense Innovation Unit and the Secretaries of

the military departments, shall submit to the congressional defense

committees a report that includes—

(1) an organizational plan and the estimated costs for estab-

lishing the joint reserve detachment required under section

2358b of title 10, United States Code (as added by subsection

(a)); and

(2) a timeline specifying when such detachment will attain

initial operational capability and full operational capability,

respectively.

SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES

FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

AND MINORITY-SERVING INSTITUTIONS OF HIGHER EDU-

CATION.

Section 2362 of title 10, United States Code, is amended—

(1) by redesignating subsections (d) and (e) as subsections

(e) and (f), respectively; and

(2) by inserting after subsection (c) the following new sub-

section:

‘‘(d) I

NCENTIVES

.—The Secretary of Defense may develop incen-

tives to encourage research and educational collaborations between

covered educational institutions and other institutions of higher

education.’’.

SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED

TECHNOLOGY ACHIEVEMENTS.

Section 2374a(a) of title 10, United States Code, is amended

by striking ‘‘Assistant Secretary of Defense for Research and

Engineering’’ and inserting ‘‘Under Secretary of Defense for

Research and Engineering, the Under Secretary of Defense for

Acquisition and Sustainment,’’.

SEC. 216. JOINT HYPERSONICS TRANSITION OFFICE.

Section 218 of the John Warner National Defense Authorization

Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358

note) is amended—

(1) in subsection (a), by striking ‘‘the program required

under subsection (b), and shall’’ and inserting ‘‘the program

and activities described in subsections (b) through (f), and

shall’’;

(2) by redesignating subsections (c) through (e) as sub-

sections (d) through (f), respectively;

(3) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) U

NIVERSITY

XPERTISE

.—

‘‘(1) A

RRANGEMENT WITH INSTITUTIONS OF HIGHER EDU

CATION

.—Using the authority specified in section 217 of the

Timeline.

Organizational

plan.

Cost estimates.

Consultation.

10 USC 2351

prec.

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133 STAT. 1258 PUBLIC LAW 116–92—DEC. 20, 2019

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) A

VAILABILITY OF INFORMATION

.—The Office shall

ensure that the results of any research and reports produced

pursuant to an arrangement under paragraph (1) are made

available to the Federal Government, the private sector, aca-

demia, and international partners consistent with appropriate

security classification guidance.’’;

(4) in subsection (d), as so redesignated—

(A) in paragraph (4), by striking the comma before

the period; and

(B) in paragraph (5), by striking ‘‘certified under sub-

section (e) as being consistent with the roadmap under

subsection (d)’’ and inserting ‘‘certified under subsection

(f) as being consistent with the roadmap under subsection

(e)’’;

(5) in subsection (e), as so redesignated, by adding at

the end the following new paragraph:

‘‘(4) S

UBMITTAL TO CONGRESS

.—

‘‘(A) I

NITIAL 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) S

UBSEQUENT SUBMISSIONS

.—The Secretary of

Defense shall submit to the congressional defense commit-

tees each roadmap revised under paragraph (1) together

with the budget submitted to Congress under section 1105

of title 31, United States Code, for the fiscal year con-

cerned.’’; and

(6) in subsection (f), as so redesignated—

(A) by striking ‘‘subsection (d)’’ each place it appears

and inserting ‘‘subsection (e)’’; and

(B) in paragraph (3), by striking ‘‘2016’’ and inserting

‘‘2026’’.

SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZA-

TION PROGRAM.

(a) E

XTENSION OF

ROGRAM

.—Section 1603(g) of the National

Defense Authorization Act for Fiscal Year 2014 (Public Law 113–

66; 10 U.S.C. 2359 note) is amended by striking ‘‘2019’’ and inserting

‘‘2024’’.

(b) A

DDITIONAL

MPROVEMENTS

.—Section 1603 of such Act, as

amended by subsection (a), is further amended—

(1) in the section heading, by inserting ‘‘

OF DUAL

USE TECH

NOLOGY

’’ after ‘‘

COMMERCIALIZATION

’’;

(2) in subsection (a)—

Deadline.

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133 STAT. 1259 PUBLIC LAW 116–92—DEC. 20, 2019

(A) by inserting ‘‘of Dual-Use Technology’’ after

‘‘Commercialization’’; and

(B) by inserting ‘‘with a focus on priority defense tech-

nology areas that attract public and private sector funding,

as well as private sector investment capital, including from

venture capital firms in the United States,’’ before ‘‘in

accordance’’;

(3) in subsection (c)(4)(A)(iv), by inserting ‘‘, which may

include access to venture capital’’ after ‘‘award’’;

(4) by striking subsection (d);

(5) by redesignating subsection (e) as subsection (d);

(6) by inserting after subsection (d), as so redesignated,

the following new subsection (e):

‘‘(e) A

UTHORITIES

.—In carrying out this section, the Secretary

may use the following authorities:

‘‘(1) Section 1599g of title 10 of the United States Code,

relating to public-private talent exchanges.

‘‘(2) Section 2368 of such title, relating to Centers for

Science, Technology, and Engineering Partnerships.

‘‘(3) Section 2374a of such title, relating to prizes for

advanced technology achievements.

‘‘(4) Section 2474 of such title, relating to Centers of Indus-

trial and Technical Excellence.

‘‘(5) Section 2521 of such title, relating to the Manufac-

turing Technology Program.

‘‘(6) Section 225 of the National Defense Authorization

Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359

note).

‘‘(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C.

2505 note), relating to a pilot program on strengthening manu-

facturing in the defense industrial base.

‘‘(8) Section 12 of the Stevenson-Wydler Technology Innova-

tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title

31, United States Code, relating to cooperative research and

development agreements.’’.

(7) by striking subsection (f); and

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

SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF TECH-

NOLOGY AREAS FOR EXPEDITED ACCESS TO TECHNICAL

TALENT.

(a) M

ODIFICATION OF

UTHORITY

.—Subsection (a)(1) of section

217 of the National Defense Authorization Act for Fiscal Year

2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by

striking ‘‘The Secretary of Defense shall, acting through the secre-

taries of the military departments, establish’’ and inserting ‘‘Not

later than 180 days after the date of the enactment of the National

Defense Authorization Act for Fiscal Year 2020, the Secretary of

Defense shall direct the secretaries of the military departments

to establish’’.

(b) A

DDITIONAL

ECHNOLOGY

REAS

.—Subsection (e) of such

section is amended—

(1) by redesignating paragraph (27) as paragraph (30);

and

(2) by inserting after paragraph (26) the following new

paragraph (27):

‘‘(27) Rapid prototyping.

Deadline.

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133 STAT. 1260 PUBLIC LAW 116–92—DEC. 20, 2019

‘‘(28) Infrastructure resilience.

‘‘(29) Hypersonics.’’.

SEC. 219. EXPANSION OF COORDINATION IN SUPPORT OF NATIONAL

SECURITY INNOVATION AND ENTREPRENEURIAL EDU-

CATION.

Section 225(e) of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is

amended by adding at the end the following new paragraph:

‘‘(18) The Lab-Embedded Entrepreneurship Programs of

the Department of Energy.’’.

SEC. 220. MODIFICATION OF DEFENSE QUANTUM INFORMATION

SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOP-

MENT PROGRAM.

Section 234 of the John S. McCain National Defense Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.

2358 note) is amended—

(1) in subsection (b)—

(A) in paragraph (2), by striking ‘‘private sector enti-

ties’’ and inserting ‘‘private sector and international enti-

ties’’; and

(B) in paragraph (6), by striking ‘‘facilities and infra-

structure’’ and inserting ‘‘facilities, workforce, and infra-

structure’’;

(2) in subsection (c)—

(A) in paragraph (2), by striking ‘‘quantum sciences;’’

and inserting ‘‘quantum information sciences, including

through consultation with—

‘‘(A) the National Quantum Coordination Office;

‘‘(B) the subcommittee on Quantum Information

Science of the National Science and Technology Council;

‘‘(C) other organizations and elements of the Depart-

ment of Defense;

‘‘(D) other Federal agencies; and

‘‘(E) appropriate private sector organizations;’’;

(B) by redesignating paragraphs (3) and (4) as para-

graphs (6) and (7), respectively;

paragraphs:

‘‘(3) in consultation with the entities listed in paragraph

(2), develop plans for—

‘‘(A) the development of the quantum information

science and technology workforce;

‘‘(B) enhancing awareness of quantum information

science and technology;

‘‘(C) reducing the risk of cybersecurity threats posed

by quantum information science technology; and

‘‘(D) development of ethical guidelines for the use of

quantum information science technology;

‘‘(4) in consultation with the National Institute of Stand-

ards and Technology and other appropriate Federal entities,

develop a quantum information science taxonomy and stand-

ards and requirements for quantum information technology;

‘‘(5) support efforts to increase the technology readiness

level of quantum information science technologies under

development in the United States;’’;

Plans.

Consultations.

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133 STAT. 1261 PUBLIC LAW 116–92—DEC. 20, 2019

(D) in paragraph (6), as so redesignated, by striking

‘‘quantum science’’ and inserting ‘‘quantum information

science’’; and

(E) in paragraph (7), as so redesignated, by striking

‘‘for meeting the long-term challenges and achieving the

specific technical goals’’ and inserting ‘‘for carrying out

the program under subsection (a)’’;

(3) by redesignating subsection (d) as subsection (e);

(4) by inserting afer subsection (c) the following new sub-

section (d):

‘‘(d) Q

UANTUM

NFORMATION

CIENCE

ESEARCH

ENTERS

.—

The Secretary of each military department may establish or des-

ignate a defense laboratory or establish activities to engage with

appropriate public and private sector organizations, including aca-

demic organizations, to enhance and accelerate the research,

development, and deployment of quantum information sciences and

quantum information science-enabled technologies and systems. The

Secretary of Defense shall ensure that not less than one such

laboratory or center is established or designated.’’; and

(5) in paragraph (2) of subsection (e), as so redesignated—

(A) in subparagraph (A), by inserting ‘‘information’’

before ‘‘sciences’’;

(B) in subparagraph (B),

(i) by inserting ‘‘information’’ before ‘‘sciences’’; and

(ii) by inserting ‘‘, including a discussion of likely

impacts of quantum information science and technology

on military capabilities’’ before the period at the end;

before ‘‘sciences’’;

(D) by redesignating subparagraph (E) as subpara-

graph (F); and

(E) by striking subparagraph (D) and inserting the

following new subparagraphs:

‘‘(D) A description of the activities carried out in accord-

ance with this section, including, for each such activity—

‘‘(i) a roadmap for the activity;

‘‘(ii) a summary of the funding provided for the

activity; and

‘‘(iii) an estimated timeline for the development

and military deployment of quantum technologies sup-

ported through the activity.

‘‘(E) A description of the efforts of the Department

of Defense to update classification and cybersecurity prac-

tices relating to quantum technology, including—

‘‘(i) security processes and requirements for

engagement with allied countries; and

‘‘(ii) a plan for security-cleared government and

contractor workforce development.’’.

SEC. 221. UNDERSTANDING OF INVESTMENTS IN ARTIFICIAL INTEL-

LIGENCE AND DEVELOPMENT OF CAPABILITIES BY

ADVERSARIES.

Section 238(c)(2)(I) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232) is

amended—

(1) in clause (i), by striking ‘‘; and’’ and inserting a semi-

colon;

10 USC 2358

note.

Plan.

Requirements.

Timeline.

Summary.

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133 STAT. 1262 PUBLIC LAW 116–92—DEC. 20, 2019

(2) in clause (ii), by striking the period at the end and

inserting ‘‘; and’’; and

(3) by adding at the end the following new clause:

‘‘(iii) that appropriate entities in the Department

are reviewing all open source publications from both

the United States and outside the United States that

contribute to, affect, or advance—

‘‘(I) artificial intelligence research and develop-

ment; or

‘‘(II) the understanding of the Secretary con-

cerning the investments by adversaries of the

United States in artificial intelligence and the

development by such adversaries of capabilities

relating to artificial intelligence.’’.

SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP.

(a) O

NGOING

NGAGEMENT OF

ERTAIN

CIENTIFIC

DVISORY

ERSONNEL

.—

(1) I

N GENERAL

.—The Secretary of Defense shall seek to

engage the members of the independent, private scientific

advisory group known as ‘‘JASON’’ as advisory personnel to

provide advice, on an ongoing basis, on matters involving

science, technology, and national security, including methods

to defeat existential and technologically-amplified threats to

national security.

(2) A

VAILABILITY TO OTHER FEDERAL AGENCIES

.—At the

request of a Federal agency outside the Department of Defense,

the Secretary of Defense shall seek to make personnel engaged

under paragraph (1) available to such agency for the purpose

of providing advice to the agency on the matters described

in such subsection.

(b) A

RRANGEMENT FOR

ONDUCT OF

ATIONAL

ECURITY

TUDIES AND

NALYSIS

.—

(1) I

N GENERAL

.—Pursuant to subsection (a), the Secretary

of Defense, acting through the Under Secretary of Defense

for Acquisition and Sustainment, shall seek to enter into an

arrangement under which JASON may provide national secu-

rity research studies and other analyses to the Department

of Defense and other Federal agencies to meet mission require-

ments and agency needs.

(2) F

ORM OF ARRANGEMENT

.—The arrangement entered into

under paragraph (1) shall be in a form the Under Secretary

of Defense for Acquisition and Sustainment determines to be

appropriate for the Department of Defense, which may include

a contract, a grant, a cooperative agreement, the use of other

transaction authority under section 2371 of title 10, United

States Code, or another such arrangement.

(3) T

IMING OF ARRANGEMENT

.—The Secretary of Defense

shall seek to enter into the arrangement under paragraph

(1) not later than 120 days after the date of the enactment

of this Act.

(4) T

ERMS OF ARRANGEMENT

.—The arrangement entered

into under paragraph (1) shall—

(A) if specifically negotiated as part of the arrange-

ment, provide for the Department of Defense to reimburse

the entity supporting JASON for all or a portion of the

overhead costs incurred in support of the arrangement;

Reimbursement.

Deadline.

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133 STAT. 1263 PUBLIC LAW 116–92—DEC. 20, 2019

(B) allow Federal Government entities outside the

Department of Defense with responsibilities relating to

national security to seek to engage JASON to perform

individual studies relating to national security matters as

part of the arrangement; and

to perform a study under the arrangement will fully fund

such study, including a proportional percentage to the total

overhead costs incurred under the arrangement.

(5) L

IMITATION ON TERMINATION

.—

(A) I

N GENERAL

.—The Secretary of Defense may not

terminate the arrangement under paragraph (1) until a

period of 180 days has elapsed following the date on which

the Secretary—

(i) notifies the congressional defense committees

of the intent of the Secretary to terminate the arrange-

ment; and

(ii) submits the report required under subpara-

graph (B).

(B) R

EPORT REQUIRED

.—

(i) I

N GENERAL

.—If the Secretary of Defense deter-

mines that the arrangement under paragraph (1)

should be terminated, the Secretary shall submit to

the congressional defense committees a report on the

proposed termination of the arrangement.

(ii) E

LEMENTS

.—The report required under clause

(i) shall include the following:

(I) A summary of the execution of research

projects conducted by JASON over the four fiscal

years preceding the date of the report, including

the projects requested by the Department of

Defense and the projects requested by other Fed-

eral agencies.

(II) An analysis of the costs to the Department

of Defense of maintaining the arrangement under

which JASON provided national security research

studies, including any overhead costs incurred by

the Department or shared among Federal agencies

over the four fiscal years preceding the date of

the report.

(III) A timeline for the potential transition

or termination of the activities, functions, and

expertise provided by JASON under the arrange-

ment.

(IV) An assessment of the impact that the

termination of the arrangement with JASON will

have on defense research studies and analytical

capabilities, including a mitigation plan that

identifies where alternative and comparable sci-

entific advice and expertise is available and a

comparison of the costs associated with each alter-

native.

(iii) F

ORM OF REPORT

.—The report required under

clause (i) may be submitted in unclassified or classified

form.

(6) A

NNUAL SUMMARY REPORT

.—Not later than March 1

of each year beginning after the date of the enactment of

Summaries.

Assessment.

Mitigation plan.

Timeline.

Cost analysis.

Summary.

Time periods.

Determination.

Notification.

Time period.

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133 STAT. 1264 PUBLIC LAW 116–92—DEC. 20, 2019

this Act, the Secretary of Defense shall submit to the congres-

sional defense committees a report that includes—

(A) a summary of expenditures made under the

arrangement with JASON under paragraph (1); and

(B) a summary of the studies and other activities car-

ried out by JASON pursuant to such arrangement in the

preceding calendar year.

SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECH-

NOLOGY PROGRAM.

(a) P

ROGRAM

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense, in coordination

with the Secretary of Homeland Security, the Secretary of

Energy, and the heads of such other Federal agencies as the

Secretary of Defense considers appropriate, shall carry out a

program on research, development, testing, evaluation, study,

and demonstration of technologies related to blue carbon cap-

ture and direct air capture.

(2) P

ROGRAM GOALS

.—The goals of the program established

under paragraph (1) are as follows:

(A) To develop technologies that capture carbon dioxide

from seawater and the air to turn such carbon dioxide

into clean fuels to enhance fuel and energy security.

(B) To develop and demonstrate technologies that cap-

ture carbon dioxide from seawater and the air to reuse

such carbon dioxide to create products for military uses.

(i) at military installations or facilities of the

Department of Defense; or

(ii) in modes of transportation by the Navy or

the Coast Guard.

(3) P

HASES

.—The program established under paragraph

(1) shall be carried out in two phases as follows:

(A) The first phase shall consist of research and

development and shall be carried out as described in sub-

section (b).

(B) The second phase shall consist of testing and

evaluation and shall be carried out as described in sub-

section (c), if the Secretary determines that the results

of the research and development phase justify imple-

menting the testing and evaluation phase.

(4) D

ESIGNATION

.—The program established under para-

graph (1) shall be known as the ‘‘Direct Air Capture and Blue

Carbon Removal Technology Program’’ (in this section referred

to as the ‘‘Program’’).

(b) R

ESEARCH AND

EVELOPMENT

HASE

.—

(1) I

N GENERAL

.—During the research and development

phase of the Program, the Secretary of Defense shall conduct

research and development in pursuit of the goals set forth

in subsection (a)(2).

(2) D

IRECT AIR CAPTURE

.—The research and development

phase of the Program may include, with respect to direct air

capture, a front end engineering and design study that includes

an evaluation of direct air capture designs to produce fuel

for use—

(A) at military installations or facilities of the Depart-

ment of Defense; or

Study.

Evaluation.

Determination.

Coordination.

10 USC 2358

note.

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133 STAT. 1265 PUBLIC LAW 116–92—DEC. 20, 2019

(B) in modes of transportation by the Navy or the

Coast Guard.

(3) C

OMMENCEMENT

.—The Secretary shall commence car-

rying out the research and development phase of the Program

not later than 90 days after the date of the enactment of

this Act.

(4) G

RANTS AUTHORIZED

.—The Secretary may carry out

the research and development phase of the Program through

the award of grants to private persons and eligible laboratories.

(5) R

EPORT REQUIRED

.—Not later than 180 days after the

date of the completion of the research and development phase

of the Program, the Secretary shall submit to Congress a report

on the research and development carried out under the Pro-

gram.

ESTING AND

VALUATION

HASE

.—

(1) I

N GENERAL

.—During the testing and evaluation phase

of the Program, the Secretary shall, in pursuit of the goals

set forth in subsection (a)(2), conduct tests and evaluations

of the technologies researched and developed during the

research and development phase of the Program.

(2) D

IRECT AIR CAPTURE

.—The testing and evaluation phase

of the Program may include demonstration projects for direct

air capture to produce fuels for use—

(A) at military installations or facilities of the Depart-

ment of Defense; or

(B) in modes of transportation by the Navy or the

Coast Guard.

(3) C

OMMENCEMENT

.—Subject to subsection (a)(3)(B), the

Secretary shall commence carrying out the testing and evalua-

tion phase of the Program on the date of the completion of

the research and development phase described in subsection

(b), except that the testing and evaluation phase of the Program

with respect to direct air capture may commence at such time

after a front end engineering and design study demonstrates

to the Secretary that commencement of such phase is appro-

priate.

(4) G

RANTS AUTHORIZED

.—The Secretary may carry out

the testing and evaluation phase of the Program through the

award of grants to private persons and eligible laboratories.

(5) L

OCATIONS

.—The Secretary shall carry out the testing

and evaluation phase of the Program at military installations

or facilities of the Department of Defense.

(6) R

EPORT REQUIRED

.—Not later than September 30, 2026,

the Secretary shall submit to Congress a report on the findings

of the Secretary with respect to the effectiveness of the tech-

nologies tested and evaluated under the Program.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘blue carbon capture’’ means the removal

of dissolved carbon dioxide from seawater through engineered

or inorganic processes, including filters, membranes, or phase

change systems.

(2)(A) The term ‘‘direct air capture’’, with respect to a

facility, technology, or system, means that the facility, tech-

nology, or system uses carbon capture equipment to capture

carbon dioxide directly from the air.

(B) The term ‘‘direct air capture’’ does not include any

facility, technology, or system that captures carbon dioxide—

Deadline.

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133 STAT. 1266 PUBLIC LAW 116–92—DEC. 20, 2019

(i) that is deliberately released from a naturally occur-

ring subsurface spring; or

(ii) using natural photosynthesis.

(3) The term ‘‘eligible laboratory’’ means—

(A) a National Laboratory (as defined in section 2

of the Energy Policy Act of 2005 (42 U.S.C. 15801));

(B) a science and technology reinvention laboratory

designated under section 1105 of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111–

84; 10 U.S.C. 2358 note);

in section 2358a(f) of title 10, United States Code); or

(D) any other facility that supports the research,

development, test, and evaluation activities of the Depart-

ment of Defense or the Department of Energy.

SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND

SERVICES MEET TRUSTED SUPPLY CHAIN AND OPER-

ATIONAL SECURITY STANDARDS.

(a) P

URCHASES

.—To protect the United States from intellectual

property theft and to ensure national security and public safety

in the application of new generations of wireless network technology

and microelectronics, beginning no later than January 1, 2023,

the Secretary of Defense shall ensure that each microelectronics

product or service that the Department of Defense purchases on

or after such date meets the applicable trusted supply chain and

operational security standards established pursuant to subsection

(b), except in a case in which the Department seeks to purchase

a microelectronics product or service but—

(1) no such product or service is available for purchase

that meets such standards; or

(2) no such product or service is available for purchase

that—

(A) meets such standards; and

(B) is available at a price that the Secretary does

not consider prohibitively expensive.

(b) T

RUSTED

UPPLY

HAIN AND

PERATIONAL

ECURITY

TAND

ARDS

.—

(1) S

TANDARDS REQUIRED

.—(A) Not later than January 1,

2021, the Secretary shall establish trusted supply chain and

operational security standards for the purchase of microelec-

tronics products and services by the Department.

(B) For purposes of this section, a trusted supply chain

and operational security standard—

(i) is a standard that systematizes best practices rel-

evant to—

(I) manufacturing location;

(II) company ownership;

(III) workforce composition;

(IV) access during manufacturing, suppliers’

design, sourcing, manufacturing, packaging, and dis-

tribution processes;

(V) reliability of the supply chain; and

(VI) other matters germane to supply chain and

operational security; and

Deadline.

10 USC 2302

note.

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133 STAT. 1267 PUBLIC LAW 116–92—DEC. 20, 2019

(ii) is not a military standard (also known as ‘‘MIL-

STD’’) or a military specification (also known as ‘‘MIL-

SPEC’’) for microelectronics that—

(I) specifies individual features for Department of

Defense microelectronics; or

(II) otherwise inhibits the acquisition by the

Department of securely manufactured, commercially-

available products.

(2) C

ONSULTATION REQUIRED

.—In developing standards

under paragraph (1), the Secretary shall consult with the fol-

lowing:

(A) The Secretary of Homeland Security, the Secretary

of State, the Secretary of Commerce, and the Director

of the National Institute of Standards and Technology.

(B) Suppliers of microelectronics products and services

from the United States and allies and partners of the

United States.

sectors that rely on a trusted supply chain and the oper-

ational security of microelectronics products and services.

(D) Representatives of the United States insurance

industry.

(3) T

IERS OF TRUST AND LEVELS OF SECURITY AUTHORIZED

.—

In carrying out paragraph (1), the Secretary may establish

tiers and levels of trust and security within the supply chain

and operational security standards for microelectronics products

and services.

(4) G

ENERAL APPLICABILITY

.—The standards established

pursuant to paragraph (1) shall be, to the greatest extent

practicable, generally applicable to the trusted supply chain

and operational security needs and use cases of the United

States Government and commercial industry, such that the

standards could be widely adopted by government agencies,

commercial industry, and allies and partners of the United

States as the basis for procuring microelectronics products and

services.

(5) A

NNUAL REVIEW

.—Not later than October 1 of each

year, the Secretary shall, in consultation with persons and

entities set forth under paragraph (2), review the standards

established pursuant to paragraph (1) and issue updates or

modifications as the Secretary considers necessary or appro-

priate.

NSURING

BILITY TO

ELL

OMMERCIALLY

.—

(1) I

N GENERAL

.—The Secretary shall, to the greatest extent

practicable, ensure that suppliers of microelectronics products

and services for the Department of Defense subject to subsection

(a) are able and incentivized to sell products commercially

and to governments of allies and partners of the United States

that are produced on the same production lines as the microelec-

tronics products supplied to the Department of Defense.

(2) E

FFECT OF REQUIREMENTS AND ACQUISITIONS

.—The Sec-

retary shall, to the greatest extent practicable, ensure that

the requirements of the Department and the acquisition by

the Department of microelectronics enable the success of a

dual-use microelectronics industry.

(d) M

AINTAINING

OMPETITION AND

NNOVATION

.—The Sec-

retary shall take such actions as the Secretary considers necessary

Deadlines.

Consultation.

Updates.

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133 STAT. 1268 PUBLIC LAW 116–92—DEC. 20, 2019

and appropriate, within the Secretary’s authorized activities to

maintain the health of the defense industrial base, to ensure that—

(1) providers of microelectronics products and services that

meet the standards established under subsection (b) are

exposed to competitive market pressures to achieve competitive

pricing and sustained innovation; and

(2) the industrial base of microelectronics products and

services that meet the standards established under subsection

(b) includes providers manufacturing in the United States or

in countries that are allies or partners of the United States.

SEC. 225. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE

SECURE, LOW PROBABILITY OF DETECTION DATA LINK

NETWORK CAPABILITY.

(a) S

TRATEGY

EQUIRED

.—Not later than March 1, 2020, the

Chief of Staff of the Air Force, the Chief of Naval Operations,

and the Chief of Staff of the Army shall jointly submit to the

congressional defense committees a joint development and acquisi-

tion strategy to procure a secure, low probability of detection data

link network capability, with the ability to effectively operate in

hostile jamming environments while preserving the low observ-

ability characteristics of the relevant platforms, including both

existing and planned platforms.

(b) N

ETWORK

HARACTERISTICS

.—The data link network capa-

bility to be procured pursuant to the development and acquisition

strategy submitted under subsection (a) shall—

(1) ensure that any network made with such capability

will be low risk and affordable, with minimal impact or change

to existing host platforms and minimal overall integration costs;

(2) use a non-proprietary and open systems approach

compatible with the Rapid Capabilities Office Open Mission

Systems initiative of the Air Force, the Future Airborne Capa-

bility Environment initiative of the Navy, and the Modular

Open Systems Architecture initiative of the Army; and

(3) provide for an architecture to connect, with operation-

ally relevant throughput and latency—

(A) fifth-generation combat aircraft;

(B) fifth-generation and fourth-generation combat air-

craft;

craft and appropriate support aircraft and other network

nodes for command, control, communications, intelligence,

surveillance, and reconnaissance purposes; and

(D) fifth-generation and fourth-generation combat air-

craft and their associated network-enabled precision

weapons.

IMITATION

.—Of the funds authorized to be appropriated

by this Act for fiscal year 2020 for operation and maintenance

for the Office of the Secretary of the Air Force, for operation

and maintenance for the Office of the Secretary of the Navy, and

for operations and maintenance for the Office of the Secretary

of the Army, not more than 50 percent may be obligated or expended

until the date that is 15 days after the date on which the Chief

of Staff of the Air Force, the Chief of Naval Operations, and the

Chief of Staff of the Army, respectively, submit the development

and acquisition strategy required by subsection (a).

Time period.

Deadline.

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133 STAT. 1269 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 226. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS

NETWORK (5G) INFRASTRUCTURE FOR THE NEVADA TEST

AND TRAINING RANGE AND BASE INFRASTRUCTURE.

(a) E

STABLISHMENT

EQUIRED

.—Not later than one year after

the date of the enactment of this Act, the Secretary of Defense

shall establish secure fifth-generation wireless network components

and capabilities at no fewer than two Department of Defense

installations in accordance with this section.

(b) I

NSTALLATIONS

.—

(1) L

OCATIONS

.—The Secretary shall establish components

and capabilities under subsection (a) at the following:

(A) The Nevada Test and Training Range, which shall

serve as a Major Range and Test Facility Base (MRTFB)

for fifth-generation wireless networking.

(B) Such Department installations or other installa-

tions as the Secretary considers appropriate for the purpose

set forth in paragraph (2).

(2) P

URPOSE

.—The purpose of the establishment of compo-

nents and capabilities under subsection (a) at the locations

described in paragraph (1) of this subsection is to demonstrate

the following:

(A) The potential military utility of high bandwidth,

scalable, and low latency fifth-generation wireless net-

working technology.

(B) Advanced security technology that is applicable

to fifth-generation networks as well as legacy Department

command and control networks.

tems (legacy and future systems).

(D) Enhancements such as spectrum and waveform

diversity, frequency hopping and spreading, and beam

forming for military requirements.

(E) Technology for dynamic network slicing for specific

use cases and applications requiring varying levels of

latency, scale, and throughput.

(F) Technology for dynamic spectrum sharing and net-

work isolation.

(G) Base infrastructure installation of high bandwidth,

scalable, and low latency fifth-generation wireless net-

working technology.

(H) Applications for secure fifth-generation wireless

network capabilities for the Department, such as the fol-

lowing:

(i) Interactive augmented reality or synthetic

training environments.

(ii) Internet of things devices.

(iii) Autonomous systems.

(iv) Advanced manufacturing through the fol-

lowing:

(I) Department-sponsored centers for manufac-

turing innovation (as defined in section 34(c) of

the National Institute of Standards and Tech-

nology Act (15 U.S.C. 278s(c))).

(II) Department research and development

organizations.

(III) Manufacturers in the defense industrial

base of the United States.

Deadline.

10 USC 2223a

note.

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133 STAT. 1270 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION

INSTITUTES FUNDED BY THE DEPARTMENT OF DEFENSE.

(a) I

ENERAL

.—The Secretary of Defense shall make such

changes to the administration of covered institutes so as—

(1) to encourage covered institutes to leverage existing

workforce development programs across the Federal Govern-

ment and State governments in order to build successful

workforce development programs;

(2) to develop metrics to evaluate the workforce develop-

ment performed by the covered institutes, including metrics

on job quality, career pathways, wages and benefits, and efforts

to support veterans, and progress in aligning workforce skillsets

with the current and long-term needs of the Department of

Defense and the defense industrial base;

(3) to allow metrics to vary between covered institutes

and be updated and evaluated continuously in order to more

accurately evaluate covered institutes with different goals and

missions;

(4) to encourage covered institutes to consider developing

technologies that were previously funded by Federal Govern-

ment investment for early-stage research and development and

expand cross-government coordination and collaboration to

achieve this goal;

(5) to provide an opportunity for increased Department

of Defense input and oversight from senior-level military and

civilian personnel on future technology roadmaps produced by

covered institutes;

(6) to reduce the barriers to collaboration between and

among multiple covered institutes;

(7) to use contracting vehicles that can increase flexibility,

reduce barriers for contracting with subject-matter experts and

small and medium enterprises, enhance partnerships between

covered institutes, and reduce the time to award contracts

at covered institutes; and

(8) to overcome barriers to the adoption of manufacturing

processes and technologies developed by the covered institutes

by the defense and commercial industrial base, particularly

small and medium enterprises, by engaging with public and

private sector partnerships and appropriate government pro-

grams and activities, including the Hollings Manufacturing

Extension Partnership.

(b) C

OORDINATION

ITH

THER

CTIVITIES

.—The Secretary

shall carry out this section in coordination with activities under-

taken under—

(1) the Manufacturing Technology Program established

under section 2521 of title 10, United States Code;

(2) the Manufacturing Engineering Education Program

established under section 2196 of such title;

(3) the Defense Manufacturing Community Support Pro-

gram established under section 846 of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019 (Public

Law 115–232);

(4) manufacturing initiatives of the Secretary of Commerce,

the head of the National Office of the Manufacturing USA

Network, the Secretary of Energy, and such other government

and private sector organizations as the Secretary of Defense

considers appropriate; and

Updates.

Evaluation.

10 USC 2521

note.

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133 STAT. 1271 PUBLIC LAW 116–92—DEC. 20, 2019

(5) such other activities as the Secretary considers appro-

priate.

EFINITION OF

OVERED

NSTITUTE

.—In this section, the

term ‘‘covered institute’’ means a manufacturing innovation

institute that is funded by the Department of Defense.

SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE

OPERATIONS.

(a) P

ROGRAM

UTHORIZED

.—The Secretary of Defense, acting

through the Under Secretary of Defense for Research and

Engineering, may carry out a research program on foreign malign

influence operations as part of the university research programs

of the Department of Defense.

(b) P

ROGRAM

BJECTIVES

.—The objectives of a research pro-

gram carried out under subsection (a) should include the following:

(1) Enhance the understanding of foreign malign influence

operations, including activities conducted on social media plat-

forms.

(2) Facilitate the analysis of publicly available or volun-

tarily provided indicators of foreign malign influence operations.

(3) Promote collaborative research and information

exchange with relevant entities within the Department of

Defense and with other agencies or nongovernmental organiza-

tions relating to foreign malign influence operations, as appro-

priate.

OTICE TO

ONGRESS

.—Not later than 30 days before initi-

ating a research program under subsection (a), the Secretary of

Defense shall submit to the congressional defense committees notice

of the intent of the Secretary to initiate such a program, which

shall include—

(1) a detailed description of the program and any related

research activities;

(2) the estimated cost and duration of the program; and

(3) any other matters the Secretary determines to be rel-

evant.

SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING

WORKFORCE OF THE DEPARTMENT OF DEFENSE.

(a) A

SSESSMENT

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense, acting through

the Under Secretary of Defense for Research and Engineering

and in consultation with the Under Secretary of Defense for

Personnel and Readiness, shall conduct an assessment of crit-

ical skillsets required across, and the diversity of, the research

and engineering workforce of the Department of Defense,

including the science and technology reinvention laboratories,

to support emerging and future warfighter technologies.

(2) E

LEMENTS

.—The assessment required by paragraph (1)

shall include analysis of the following:

(A) The percentage of women and minorities employed

in the research and engineering workforce of the Depart-

ment of Defense as of the date of the assessment.

(B) Of the individuals hired into the research and

engineering workforce of the Department in the five years

preceding the date of the assessment, the percentage of

such individuals who are women and minorities.

Time period.

Analyses.

Consultation.

10 USC 2358

note.

Cost estimate.

Deadline.

10 USC 2358

note.

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133 STAT. 1272 PUBLIC LAW 116–92—DEC. 20, 2019

and retention incentives for women and minorities in the

research and engineering workforce of the Department.

(D) The effectiveness of the Department in recruiting

women and minorities into the laboratory workforce after

such individuals complete work on Department-funded

research, projects, grant projects, fellowships, and STEM

programs.

(E) The geographical diversity of the workforce across

various geographic regions.

(b) P

LAN

EQUIRED

.—

(1) I

N GENERAL

.—Based on the results of the assessment

conducted under subsection (a), the Secretary of Defense, acting

through the Under Secretary of Defense for Research and

Engineering and in consultation with the Secretaries of the

military departments, shall develop and implement a plan to

diversify and strengthen the research and engineering

workforce of the Department of Defense.

(2) E

LEMENTS

.—The plan required by paragraph (1) shall—

(A) align with science and technology strategy priorities

of the Department of Defense, including the emerging and

future warfighter technology requirements identified by the

Department;

(B) except as provided in subsection (c)(2), set forth

steps for the implementation of each recommendation

included in the 2013 report of the RAND corporation titled

‘‘First Steps Toward Improving DoD STEM Workforce

Diversity’’;

programs and other Department sponsored programs to

develop and attract top talent;

(D) use existing authorities to attract and retain stu-

dents, academics, and other talent;

(E) establish and use contracts, agreements, or other

arrangements with institutions of higher education (as

defined in section 101 of the Higher Education Act of

1965 (20 U.S.C. 1001)), including historically black colleges

and universities and other minority-serving institutions (as

described in section 371(a) of such Act (20 U.S.C. 1067q(a))

to enable easy and efficient access to research and

researchers for Government sponsored basic and applied

research and studies at each institution, including con-

tracts, agreements, and other authorized arrangements

such as those authorized under—

(i) section 217 of the National Defense Authoriza-

tion Act for Fiscal Year 2018 (Public Law 115–91;

10 U.S.C. 2358 note); and

(ii) such other authorities as the Secretary deter-

mines to be appropriate; and

(F) include recommendations for changes in authori-

ties, regulations, policies, or any other relevant areas that

would support the achievement of the goals set forth in

the plan.

(3) S

UBMITTAL TO CONGRESS

.—Not later than one year after

the date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees a report

that includes—

Reports.

Recommenda-

tions.

Consultation.

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133 STAT. 1273 PUBLIC LAW 116–92—DEC. 20, 2019

(A) the plan developed under paragraph (1); and

(B) with respect to each recommendation described

in paragraph (2)(B) that the Secretary has implemented

or expects to implement—

(i) a summary of actions that have been taken

to implement the recommendation; and

(ii) a schedule, with specific milestones, for com-

pleting the implementation of the recommendation.

EADLINE FOR

MPLEMENTATION

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), not

later than 18 months after the date of the enactment of this

Act the Secretary of Defense shall carry out activities to imple-

ment the plan developed under subsection (b).

(2) E

XCEPTION FOR IMPLEMENTATION OF CERTAIN REC

OMMENDATIONS

.—

(A) D

ELAYED IMPLEMENTATION

.—The Secretary of

Defense may commence implementation of a recommenda-

tion described in subsection (b)(2)(B) after the date specified

in paragraph (1) if the Secretary provides the congressional

defense committees with a specific justification for the delay

in implementation of such recommendation on or before

such date.

(B) N

ONIMPLEMENTATION

.—The Secretary of Defense

may opt not to implement a recommendation described

in subsection (b)(2)(B) if the Secretary provides to the

congressional defense committees, on or before the date

specified in paragraph (1)—

(i) a specific justification for the decision not to

implement the recommendation; and

(ii) a summary of the alternative actions the Sec-

retary plans to take to address the issues underlying

the recommendation.

(d) STEM D

EFINED

.—In this section, the term ‘‘STEM’’ means

science, technology, engineering, and mathematics.

SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPER-

TISE AND SOFTWARE PROFESSIONALS.

(a) P

OLICY

.—

(1) I

N GENERAL

.—It shall be a policy of the Department

of Defense to promote and maintain digital expertise and soft-

ware development as core competencies of civilian and military

workforces of the Department, and as a capability to support

the National Defense Strategy, which policy shall be achieved

by—

(A) the recruitment, development, and incentivization

of retention in and to the civilian and military workforce

of the Department of individuals with aptitude, experience,

proficient expertise, or a combination thereof in digital

expertise and software development;

(B) at the discretion of the Secretaries of the military

departments, the development and maintenance of civilian

and military career tracks related to digital expertise, and

related digital competencies for members of the Armed

Forces, including the development and maintenance of

training, education, talent management, incentives, and

promotion policies in support of members at all levels of

such career tracks; and

10 USC 501 note

prec.

Deadlines.

Summary.

Schedule.

Summary.

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133 STAT. 1274 PUBLIC LAW 116–92—DEC. 20, 2019

readiness standards and metrics to measure and report

on the overall capability, capacity, utilization, and readi-

ness of digital engineering professionals to develop and

deliver operational capabilities and employ modern busi-

ness practices.

(2) D

IGITAL ENGINEERING DEFINED

.—For purposes of this

section, the term ‘‘digital engineering’’ means the discipline

and set of skills involved in the creation, processing, trans-

mission, integration, and storage of digital data, including data

science, machine learning, software engineering, software

product management, and artificial intelligence product

management.

(b) I

MPLEMENTATION

LAN

.—Not later than May 1, 2020, the

Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a plan

that describes how the Department of Defense will execute the

policy described in subsection (a).

ESPONSIBILITY

.—

(1) A

PPOINTMENT OF OFFICER

.—Not later than 270 days

after the date of enactment of this Act, the Secretary of Defense

may appoint a civilian official responsible for the development

and implementation of the policy and implementation plan

set forth in subsections (a) and (b), respectively. The official

shall be known as the ‘‘Chief Digital Engineering Recruitment

and Management Officer of the Department of Defense’’.

(2) E

XPIRATION OF APPOINTMENT

.—The appointment of the

Officer under paragraph (1) shall expire on September 30,

2024.

SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING

AND EVALUATION.

(a) D

IGITAL

NGINEERING

APABILITY

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a digital engineering capability to be used—

(A) for the development and deployment of digital

engineering models for use in the defense acquisition

process; and

(B) to provide testing infrastructure and software to

support automated approaches for testing, evaluation, and

deployment throughout the defense acquisition process.

(2) R

EQUIREMENTS

.—The capability developed under sub-

section (a) shall meet the following requirements:

(A) The capability will be accessible to, and useable

by, individuals throughout the Department of Defense who

have responsibilities relating to capability design, develop-

ment, testing, evaluation, and operation.

(B) The capability will provide for the development,

validation, use, curation, and maintenance of technically

accurate digital systems, models of systems, subsystems,

and their components, at the appropriate level of fidelity

to ensure that test activities adequately simulate the

environment in which a system will be deployed.

testing throughout the program life cycle, including to sat-

isfy developmental test requirements and operational test

10 USC 2223a

note.

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133 STAT. 1275 PUBLIC LAW 116–92—DEC. 20, 2019

requirements. Such software may be developed in accord-

ance with the authorities provided under section 800, and

shall support—

(i) security testing that includes vulnerability scan-

ning and penetration testing performed by individuals,

including threat-based red team exploitations and

assessments with zero-trust assumptions; and

(ii) high-confidence distribution of software to the

field on a time-bound, repeatable, frequent, and

iterative basis.

(b) D

EMONSTRATION

CTIVITIES

.—

(1) I

N GENERAL

.—In developing the capability required

under subsection (a), the Secretary of Defense shall carry out

activities to demonstrate digital engineering approaches to

automated testing that—

(A) enable continuous software development and

delivery;

(B) satisfy developmental test requirements for the

software-intensive programs of the Department of Defense;

and

ments for such programs.

(2) P

ROGRAM SELECTION

.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense

shall assess and select not fewer than four and not more than

ten programs of the Department of Defense to participate in

the demonstration activities under paragraph (1), including—

(A) at least one program participating in the pilot

program authorized under section 873 of the National

Defense Authorization Act for Fiscal Year 2018 (Public

Law 115–91; 10 U.S.C. 2223a note);

(B) at least one program participating in the pilot

program authorized under section 874 of such Act (Public

Law 115–91; 10 U.S.C. 2302 note);

(as defined in section 2430 of title 10, United States Code);

(D) at least one command and control program;

(E) at least one defense business system (as defined

in section 2222(i) of title 10, United States Code); and

(F) at least one program from each military service.

(3) A

DDITIONAL REQUIREMENTS

.—As part of the demonstra-

tion activities under paragraph (1), the Secretary shall—

(A) conduct a comparative analysis that assesses the

risks and benefits of the digital engineering supported auto-

mated testing approaches of the programs participating

in the demonstration activities relative to traditional

testing approaches that are not supported by digital

engineering;

(B) ensure that the intellectual property strategy for

each of the programs participating in the demonstration

activities is best aligned to meet the goals of the program;

and

support any new policies and guidance implemented in

connection with the demonstration activities, including any

policies and guidance implemented after the completion

of such activities.

Plan.

Analysis.

Deadline.

Assessment.

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133 STAT. 1276 PUBLIC LAW 116–92—DEC. 20, 2019

OLICIES AND

UIDANCE

EQUIRED

.—Not later than one

year after the date of the enactment of this Act, based on the

results of the demonstration activities carried out under subsection

(b), the Secretary of Defense shall issue or modify policies and

guidance to—

(1) promote the use of digital engineering capabilities for

development and for automated testing; and

(2) address roles, responsibilities, and procedures relating

to such capabilities.

(d) S

TEERING

OMMITTEE

.—

(1) I

N GENERAL

.—The Secretary of Defense shall establish

a steering committee to assist the Secretary in carrying out

subsections (a) through (c).

(2) M

EMBERSHIP

.—The steering committee shall be com-

posed of the following members or their designees:

(A) The Under Secretary of Defense for Research and

Engineering.

(B) The Under Secretary of Defense for Acquisition

and Sustainment.

(D) The Director of Operational Test and Evaluation.

(E) The Director of Cost Assessment and Program

Evaluation.

(F) The Service Acquisition Executives.

(G) The Service testing commands.

(H) The Director of the Defense Digital Service.

(e) R

EPORTS

EQUIRED

.—

(1) I

MPLEMENTATION

.—Not later than March 15, 2020, the

Secretary of Defense shall submit to the congressional defense

committees a report on the progress of the Secretary in imple-

menting subsections (a) through (c). The report shall include

an explanation of how the results of the demonstration activities

carried out under subsection (b) will be incorporated into the

policy and guidance required under subsection (c), particularly

the policy and guidance of the members of the steering com-

mittee established under subsection (d).

(2) L

EGISLATIVE RECOMMENDATIONS

.—Not later than

October 15, 2020, the Secretary of Defense shall provide to

the congressional defense committees a briefing that identifies

any changes to existing law that may be necessary to facilitate

the implementation of subsections (a) through (c).

(f) I

NDEPENDENT

SSESSMENT

.—

(1) I

N GENERAL

.—Not later than March 15, 2021, the

Defense Innovation Board and the Defense Science Board shall

jointly complete an independent assessment of the progress

of the Secretary in implementing subsections (a) through (c).

The Secretary of Defense shall ensure that the Defense Innova-

tion Board and the Defense Science Board have access to the

resources, data, and information necessary to complete the

assessment.

(2) I

NFORMATION TO CONGRESS

.—Not later than 30 days

after the date on which the assessment under paragraph (1)

is completed, the Defense Innovation Board and the Defense

Science Board shall jointly provide to the congressional defense

committees—

(A) a report summarizing the assessment; and

(B) a briefing on the findings of the assessment.

Briefing.

Reports.

Deadlines.

Deadline.

Briefing.

Deadline.

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133 STAT. 1277 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING

TECHNOLOGY DEVELOPMENT.

(a) A

LIGNMENT OF

OLICY AND

ECHNOLOGICAL

EVELOP

MENT

.—Not later than 180 days after the date of the enactment

of this Act, the Secretary of Defense shall establish a process

to ensure that the policies of the Department of Defense relating

to emerging technology are formulated and updated continuously

as such technology is developed by the Department.

(b) E

LEMENTS

.—As part of the process established under sub-

section (a), the Secretary shall—

(1) specify the role of each covered official in ensuring

that the formulation of policies relating to emerging technology

is carried out concurrently with the development of such tech-

nology; and

(2) incorporate procedures for the continuous legal review

of—

(A) weapons and other defense systems that incor-

porate or use emerging technology; and

(B) treaties that may be affected by such technology.

RIEFING

EQUIRED

.—Not later than 30 days after the date

on which the Secretary of Defense establishes the process required

under subsection (a), the Secretary shall provide to the congres-

sional defense committees a briefing on such process.

(d) D

EFINITIONS

.—In this section:

(1) The term ‘‘covered official’’ means the following:

(A) The Chairman of the Joint Chiefs of Staff.

(B) The Under Secretary of Defense for Research and

Engineering.

and Sustainment.

(D) The Under Secretary of Defense for Policy.

(E) The commanders of combatant commands with

responsibilities involving the use of weapons or other

defense systems that incorporate or use emerging tech-

nology, as determined by the Secretary of Defense.

(F) The Secretaries of the military departments.

(2) The term ‘‘emerging technology’’ means technology

determined to be in an emerging phase of development by

the Secretary of Defense, including quantum computing, tech-

nology for the analysis of large and diverse sets of data (com-

monly known as ‘‘big data analytics’’), artificial intelligence,

autonomous technology, robotics, directed energy, hypersonics,

biotechnology, and such other technology as may be identified

by the Secretary.

SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE

OF THE DEPARTMENT OF DEFENSE.

(a) O

RGANIZATION

.—

(1) A

UTHORITY OF DEPUTY SECRETARY OF DEFENSE

.—The

Deputy Secretary of Defense shall exercise authority and direc-

tion over the Strategic Capabilities Office of the Department

of Defense (referred to in this section as the ‘‘Office’’).

(2) A

UTHORITY OF DIRECTOR

.—The Director of the Office

shall report directly to the Deputy Secretary of Defense.

(3) D

ELEGATION

.—In exercising authority and direction over

the Office under subsection (a), the Deputy Secretary of Defense

may delegate administrative, management, and other duties

10 USC 132 note.

Deadline.

Procedures.

Deadline.

10 USC 2358

note.

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133 STAT. 1278 PUBLIC LAW 116–92—DEC. 20, 2019

to the Director of the Defense Advanced Research Projects

Agency, as needed, to effectively and efficiently execute the

mission of the Office.

(b) C

ROSS

FUNCTIONAL

EAMS

.—

(1) E

STABLISHMENT

.—Not later than 180 days after the

date of enactment of this Act, the Deputy Secretary of Defense

shall establish the following cross-functional teams to improve

the effectiveness of the Office:

(A) A transition cross-functional team to improve the

efficiency and effectiveness with which the programs of

the Office may be transitioned into—

(i) research and development programs of the mili-

tary services and other agencies of the Department

of Defense; and

(ii) programs of such services and agencies in oper-

ational use.

(B) A technical cross functional team to improve the

continuous technical assessment and review of the pro-

grams of the Office during program selection and execution.

(2) M

EMBERSHIP

.—The Deputy Secretary of Defense shall

select individuals to serve on the cross-functional teams

described in paragraph (1) from among individuals in the

defense research and engineering enterprise, acquisition

community, Joint Staff, combatant commands, and other

organizations, as determined to be appropriate by the Deputy

Secretary.

SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.

(a) I

ENERAL

.—The Secretary of Defense, in consultation

with the Secretary of Education, shall carry out a pilot program

under which the Secretary provides enhanced educational support

and funding to eligible entities to improve civics education programs

taught by such entities.

(b) P

URPOSE

.—The purpose of the pilot program is to provide

enhanced civics education on the following topics:

(1) Critical thinking and media literacy.

(2) Voting and other forms of political and civic engage-

ment.

(3) Interest in employment, and careers, in public service.

(4) Understanding of United States law, history, and

Government.

(5) The ability of participants to collaborate and com-

promise with others to solve problems.

ONSIDERATIONS

.—In carrying out the pilot program, the

Secretary of Defense shall consider innovative approaches for

improving civics education.

(d) M

ETRICS AND

VALUATIONS

.—The Secretary of Defense shall

establish metrics and undertake evaluations to determine the

effectiveness of the pilot program, including each of the activities

carried out under subsection (e).

(e) T

YPES OF

UPPORT

UTHORIZED

.—Under the pilot program

the Secretary of Defense—

(1) shall provide support to eligible entities to address,

at a minimum—

(A) the development or modification of curricula

relating to civics education;

10 USC 2164

note.

Consultation.

Deadline.

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133 STAT. 1279 PUBLIC LAW 116–92—DEC. 20, 2019

(B) classroom activities, thesis projects, individual or

team projects, internships, or community service activities

relating to civics;

organizations, or consortia of such entities and organiza-

tions to provide participants with civics-related experiences;

(D) civics-related faculty development programs;

(E) recruitment of educators who are highly qualified

in civics education to teach civics or to assist with the

development of curricula for civics education;

(F) presentation of seminars, workshops, and training

for the development of skills associated with civic engage-

ment;

(G) activities that enable participants to interact with

government officials and entities;

(H) expansion of civics education programs and out-

reach for members of the Armed Forces, dependents and

children of such members, and employees of the Depart-

ment of Defense; and

(I) opportunities for participants to obtain work experi-

ence in fields relating to civics; and

(2) may provide any other form of support the Secretary

determines to be appropriate to enhance the civics education

taught by eligible entities.

(f) R

EPORT

.—Not later than 180 days after the conclusion of

the first full academic year during which the pilot program is

carried out, the Secretary of Defense shall submit to the congres-

sional defense committees a report that includes—

(1) a description of the pilot program, including the a

description of the specific activities carried out under subsection

(e); and

(2) the metrics and evaluations used to assess the effective-

ness of the program as required under subsection (d).

(g) D

EFINITIONS

.—In this section:

(1) The term ‘‘civics education program’’ means an edu-

cational program that provides participants with—

(A) knowledge of law, government, and the rights of

citizens; and

(B) skills that enable participants to responsibly

participate in democracy.

(2) The term ‘‘eligible entity’’ means any of following:

(A) A local education agency that hosts a unit of the

Junior Reserve Officers’ Training Corps.

(B) A school operated by the Department of Defense

Education Activity.

SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.

(a) F

ELLOWSHIP

ROGRAM

.—

(1) I

N GENERAL

.—The Secretary of Defense, acting through

the Under Secretary of Defense for Research and Engineering,

may establish a civilian fellowship program designed to place

eligible individuals within the Department of Defense and Con-

gress to increase the number of national security professionals

with science, technology, engineering, and mathematics creden-

tials employed by the Department.

(2) D

ESIGNATION

.—The fellowship program established

under paragraph (1) shall be known as the ‘‘Technology and

10 USC 1580

note prec.

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133 STAT. 1280 PUBLIC LAW 116–92—DEC. 20, 2019

National Security Fellowship’’ (in this section referred to as

the ‘‘fellows program’’).

(3) A

SSIGNMENTS

.—Each individual selected for participa-

tion in the fellows program shall be assigned to a one year

position within—

(A) the Department of Defense; or

(B) a congressional office with emphasis on defense

and national security matters.

(4) P

AY AND BENEFITS

.—To the extent practicable, each

individual assigned to a position under paragraph (3)—

(A) shall be compensated at a rate of basic pay that

is equivalent to the rate of basic pay payable for a position

at level 10 of the General Schedule; and

(B) shall be treated as an employee of the United

States during the assignment.

(b) E

LIGIBLE

NDIVIDUALS

.—

(1) E

LIGIBILITY FOR DOD ASSIGNMENT

.—Subject to sub-

section (e), an individual eligible for an assignment in the

Department of Defense under subsection (a)(3)(A) is an indi-

vidual who—

(A) is a citizen of the United States; and

(B) either—

(i) expects to be awarded a bachelor’s degree,

associate’s degree, or graduate degree that, as deter-

mined by the Secretary, focuses on science, technology,

engineering, or mathematics course work not later than

180 days after the date on which the individual submits

an application for participation in the fellows program;

(ii) possesses a bachelor’s degree, associate’s

degree, or graduate degree that, as determined by the

Secretary, focuses on science, technology, engineering,

or mathematics course work; or

(iii) is an employee of the Department of Defense

and possesses a bachelor’s degree, associate’s degree,

or graduate degree that, as determined by the Sec-

retary, focuses on science, technology, engineering, or

mathematics course work.

(2) E

LIGIBILITY FOR CONGRESSIONAL ASSIGNMENT

.—Subject

to subsection (e), an individual eligible for an assignment in

a congressional office under subsection (a)(3)(B) is an individual

who—

(A) meets the requirements specified in paragraph (1);

and

(B) has not less than 3 years of relevant work experi-

ence in the field of science, technology, engineering, or

mathematics.

PPLICATION

.—Each individual seeking to participate in the

fellows program shall submit to the Secretary an application

therefor at such time and in such manner as the Secretary shall

specify.

(d) C

OORDINATION

.—In carrying out this section, the Secretary

may consider working through the following entities:

(1) The National Security Innovation Network.

(2) Universities.

(3) Science and technology reinvention laboratories and

test and evaluation centers of the Department of Defense.

Deadline.

Determinations.

Time period.

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133 STAT. 1281 PUBLIC LAW 116–92—DEC. 20, 2019

(4) Other organizations of the Department of Defense or

public and private sector organizations, as determined appro-

priate by the Secretary.

(e) M

ODIFICATIONS TO

ELLOWS

ROGRAM

.—The Secretary may

modify the terms and procedures of the fellows program in order

to better achieve the goals of the program and to support workforce

needs of the Department of Defense.

(f) C

ONSULTATION

.—The Secretary may consult with the heads

of the agencies, components, and other elements of the Department

of Defense, Members and committees of Congress, and such institu-

tions of higher education and private entities engaged in work

on national security and emerging technologies as the Secretary

considers appropriate for purposes of the fellows program, including

with respect to assignments in the fellows program.

SEC. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE

MANAGEMENT SYSTEM.

(a) D

OCUMENTATION

EQUIRED

.—Not later than the date speci-

fied in subsection (b), the Secretary of the Air Force shall submit

to the congressional defense committees the following documenta-

tion relating to the Advanced Battle Management System:

(1) A list that identifies each program, project, and activity

that contributes to the architecture of the Advanced Battle

Management System.

(2) The final analysis of alternatives for the Advanced

Battle Management System.

(3) The requirements for the networked data architecture

necessary for the Advanced Battle Management System to pro-

vide multidomain command and control and battle management

capabilities and a development schedule for such architecture.

(b) D

ATE

PECIFIED

.—The date specified in this subsection is

the earlier of—

(1) the date that is 180 days after the date on which

the final analysis of alternatives for the Advanced Battle

Management System is completed; or

(2) June 1, 2020.

DVANCED

ATTLE

ANAGEMENT

YSTEM

EFINED

.—In this

section, the term ‘‘Advanced Battle Management System’’ means

the Advanced Battle Management System of Systems capability

of the Air Force, including each program, project, and activity

that contributes to such capability.

SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIR-

CRAFT.

(a) F–35 S

ENSOR

ATA

.—The Secretary of Defense shall ensure

that—

(1) information collected by the passive and active on-

board sensors of the F–35 Joint Strike Fighter aircraft is

capable of being shared, in real time, with joint service users

in cases in which the Joint Force Commander determines that

sharing such information would be operationally advantageous;

and

(2) the Secretary has developed achievable, effective, and

suitable concepts and supporting technical architectures to col-

lect, store, manage, and disseminate information collected by

such sensors.

(b) GAO S

TUDY AND

EPORT

.—

Requirements.

Analysis.

List.

Deadline.

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133 STAT. 1282 PUBLIC LAW 116–92—DEC. 20, 2019

(1) S

TUDY

.—The Comptroller General of the United States

shall conduct a study of the sensor data collection and dissemi-

nation capability of fifth generation aircraft of the Department

of Defense.

(2) E

LEMENTS

.—The study required by paragraph (1) shall

include an assessment of the following—

(A) the extent to which the Department has established

doctrinal, organizational, or technological methods of man-

aging the large amount of sensor data that is currently

collected and which may be collected by existing and

planned advanced fifth generation aircraft;

(B) the status of the existing sensor data collection,

storage, dissemination, and management capability and

capacity of fifth generation aircraft, including the F–35,

the F–22, and the B–21; and

generation aircraft to share information collected by the

aircraft in real-time with other joint service users as

described in subsection (a)(1).

(3) S

TUDY RESULTS

.—

(A) I

NTERIM BRIEFING

.—Not later than 180 days after

the date of the enactment of this Act, the Comptroller

General shall provide to the congressional defense commit-

tees a briefing on the preliminary findings of the study

conducted under this subsection.

(B) F

INAL RESULTS

.—The Comptroller General shall

provide the final results of the study conducted under

this subsection to the congressional defense committees

at such time and in such format as is mutually agreed

upon by the committees and the Comptroller General at

the time of the briefing under subparagraph (A).

SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECH-

NOLOGIES.

It is the sense of Congress that the Army should continue

to invest in research, development, test, and evaluation programs

to mature future vertical lift technologies, including programs to

improve pilot situational awareness, increase flight operations

safety, and reduce operation and maintenance costs.

SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH

PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL CER-

TIFICATION PROGRAM, AND OPERATIONAL ENERGY CAPA-

BILITY IMPROVEMENT.

Of the funds authorized to be appropriated for fiscal year

2020 for the use of the Department of Defense for research, develop-

ment, test, and evaluation, as specified in the funding table in

section 4201 for the Strategic Environmental Research Program,

Operational Energy Capability Improvement, and the Environ-

mental Security Technical Certification Program, the Secretary of

Defense shall, acting through the Under Secretary of Defense for

Acquisition and Sustainment, expend amounts as follows:

(1) Not less than $10,000,000 on the development and

demonstration of long duration on-site energy battery storage

for distributed energy assets.

(2) Not less than $10,000,000 on the development, dem-

onstration, and validation of non-fluorine based firefighting

foams.

Deadline.

Assessments.

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133 STAT. 1283 PUBLIC LAW 116–92—DEC. 20, 2019

(3) Not less than $10,000,000 on the development, dem-

onstration, and validation of secure microgrids for both installa-

tions and forward operating bases.

(4) Not less than $1,000,000 on the development, dem-

onstration, and validation of technologies that can harvest

potable water from air.

SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION

CAPABILITY INCREMENT 2 CAPABILITY.

(a) L

IMITATION AND

EPORT ON

NDIRECT

IRE

ROTECTION

APABILITY

NCREMENT

2.—Not more than 50 percent of the funds

authorized to be appropriated by this Act or otherwise made avail-

able for fiscal year 2020 for the Army may be obligated or expended

for research, development, test, and evaluation for the Indirect

Fire Protection Capability Increment 2 capability until the Secretary

of the Army submits to the congressional defense committees a

report on the Indirect Fire Protection Capability Increment 2 pro-

gram that contains the following:

(1) An assessment of whether the requirements previously

established for the enduring program meet the anticipated

threat at the time of planned initial operating capability and

fully operating capability.

(2) A list of candidate systems considered to meet the

Indirect Fire Protection Capability Increment 2 enduring

requirement, including those fielded or in development by the

Army and other elements of the Department of Defense.

(3) An assessment of each candidate system’s capability

against representative threats.

(4) An assessment of other relevant specifications of each

candidate system, including cost of development, cost per round

if applicable, technological maturity, and logistics and

sustainment.

(5) A plan for how the Army will integrate the chosen

system or systems into the Integrated Air and Missile Defense

Battle Command System.

(6) An assessment of the results of the performance, test,

evaluation, integration, and interoperability of batteries one

and two of the interim solution.

(b) N

OTIFICATION

EQUIRED

.—Not later than 10 days after the

date on which the President submits the annual budget request

of the President for fiscal year 2021 pursuant to section 1105

of title 31, United States Code, the Secretary of the Defense shall,

without delegation, submit to the congressional defense committees

a notification identifying the military services or agencies that

will be responsible for the conduct of air and missile defense in

support of joint campaigns as it applies to defense against current

and emerging missile threats. The notification shall identify the

applicable programs of record to address such threats, including

each class of cruise missile threat.

Deadline.

Plan.

List.

Assessments.

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133 STAT. 1284 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle C—Plans, Reports, and Other

Matters

SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES

RELATING TO SCIENCE AND TECHNOLOGY REINVENTION

LABORATORIES.

(a) P

LAN

EQUIRED

.—The Secretary of Defense, jointly with

the Secretaries of the military departments and in consultation

with the Under Secretary of Defense for Research and Engineering,

shall develop a master plan for using existing authorities to

strengthen and modernize the workforce and capabilities of the

science and technology reinvention laboratories of the Department

of Defense (referred to in this section as the ‘‘laboratories’’) to

enhance the ability of the laboratories to execute missions in the

most efficient and effective manner.

(b) E

LEMENTS

.—The master plan required under subsection

(a) shall include, with respect to the laboratories, the following:

(1) A summary of hiring and staffing deficiencies at labora-

tories, by location, and the effect of such deficiencies on the

ability of the laboratories—

(A) to meet existing and future requirements of the

Department of Defense; and

(B) to recruit and retain qualified personnel.

(2) A summary of existing and emerging military research,

development, test, and evaluation mission areas requiring the

use of the laboratories.

(3) An explanation of the laboratory staffing capabilities

required for each mission area identified under paragraph (2).

(4) Identification of specific projects, including hiring efforts

and management reforms, that will be carried out—

(A) to address the deficiencies identified in paragraph

(1); and

(B) to support the existing and emerging mission areas

identified in paragraph (2).

(5) For each project identified under paragraph (4)—

(A) a summary of the plan for the project;

(B) a description of the resources that will be applied

to the project; and

made as part of the project.

(6) A description of how the Department, including each

military department concerned, will carry out the projects

identified in paragraph (4) using existing authorities.

(7) Identification of any statutory, regulatory, or manage-

ment-related barriers to implementing the master plan and

a description of policy and legislative options that may be

applied to address such barriers.

ONSULTATION

.—In developing the master plan required

under subsection (a), the Secretary of Defense, the Secretaries of

the military departments, and the Under Secretary of Defense

for Research and Engineering shall consult with—

(1) the Service Acquisition Executives with responsibilities

relevant to the laboratories;

(2) the commander of each military command with respon-

sibilities relating to research and engineering that is affected

by the master plan; and

Summaries.

Consultation.

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133 STAT. 1285 PUBLIC LAW 116–92—DEC. 20, 2019

(3) any other officials determined to be relevant by the

Secretary of Defense, the Secretaries of the military depart-

ments, and the Under Secretary of Defense for Research and

Engineering.

(d) F

INAL

EPORT

.—Not later than October 30, 2020, the Sec-

retary of Defense, jointly with the Secretaries of the military depart-

ments and in consultation with the Under Secretary of Defense

for Research and Engineering, shall submit to the congressional

defense committees—

(1) the master plan developed under subsection (a);

(2) a report on the activities carried out under this section;

and

(3) a report that identifies any barriers that prevent the

full use and implementation of existing authorities, including

any barriers presented by the policies, authorities, and activities

of—

(A) organizations and elements of the Department of

Defense; and

(B) organizations outside the Department.

SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT,

TEST, AND EVALUATION MISSIONS.

(a) M

ASTER

LAN

EQUIRED

.—The Secretary of Defense, acting

through the Under Secretary of Defense for Research and

Engineering and in coordination with the Secretaries of the military

departments, shall develop and implement a master plan that

addresses the research, development, test, and evaluation infra-

structure and modernization requirements of the Department of

Defense, including the science and technology reinvention labora-

tories and the facilities of the Major Range and Test Facility Base.

(b) E

LEMENTS

.—The master plan required under subsection

(a) shall include, with respect to the research, development, test,

and evaluation infrastructure of the Department of Defense, the

following:

(1) A summary of deficiencies in the infrastructure, by

location, and the effect of the deficiencies on the ability of

the Department—

(A) to meet current and future military requirements

identified in the National Defense Strategy;

(B) to support science and technology development and

acquisition programs; and

(2) A summary of existing and emerging military research,

development, test, and evaluation mission areas, by location,

that require modernization investments in the infrastructure—

(A) to improve operations in a manner that may benefit

all users;

(B) to enhance the overall capabilities of the research,

development, test, and evaluation infrastructure, including

facilities and resources;

(D) to reduce the long-term cost of operation and

maintenance.

(3) Identification of specific infrastructure projects that are

required to address the infrastructure deficiencies identified

under paragraph (1) or to support the existing and emerging

mission areas identified under paragraph (2).

Summaries.

Coordination.

10 USC 2358

note.

Consultation.

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133 STAT. 1286 PUBLIC LAW 116–92—DEC. 20, 2019

(4) For each project identified under paragraph (3)—

(A) a description of the scope of work;

(B) a cost estimate;

(D) an explanation of the level of priority that will

be given to the project; and

(E) a schedule of required infrastructure investments.

(5) A description of how the Department, including each

military department concerned, will carry out the infrastructure

projects identified in paragraph (3) using the range of authori-

ties and methods available to the Department, including—

(A) military construction authority under section 2802

of title 10, United States Code;

(B) unspecified minor military construction authority

under section 2805(a) of such title;

2805(d) of such title;

(D) the authority to carry out facility repair projects,

including the conversion of existing facilities, under section

2811 of such title;

(E) the authority provided under the Defense Labora-

tory Modernization Pilot Program under section 2803 of

the National Defense Authorization Act for Fiscal Year

2016 (Public Law 114–92; 10 U.S.C. 2358 note);

(F) methods that leverage funding from entities outside

the Department, including public-private partnerships,

enhanced use leases and real property exchanges;

(G) the authority to conduct commercial test and

evaluation activities at a Major Range and Test Facility

Installation, under section 2681 of title 10, United States

Code; and

(H) any other authorities and methods determined to

be appropriate by the Secretary of Defense.

(6) Identification of any regulatory or policy barriers to

the effective and efficient implementation of the master plan.

ONSULTATION AND

OORDINATION

.—In developing and

implementing the plan required under subsection (a), the Secretary

of Defense shall—

(1) consult with existing and anticipated customers and

users of the capabilities of the Major Range and Test Facility

Base and science and technology reinvention laboratories;

(2) ensure consistency with the science and technology road-

maps and strategies of the Department of Defense and the

Armed Forces; and

(3) ensure consistency with the strategic plan for test and

evaluation resources required by section 196(d) of title 10,

United States Code.

(d) S

UBMITTAL TO

ONGRESS

.—Not later than January 1, 2021,

the Secretary of Defense, in coordination with the Secretaries of

the military departments, shall submit to the congressional defense

committees the master plan developed under subsection (a).

(e) R

ESEARCH

, D

EVELOPMENT

, T

EST

AND

VALUATION

NFRA

STRUCTURE

EFINED

.—In this section, the term ‘‘research, develop-

ment, test, and evaluation infrastructure’’ means the infrastructure

of—

(1) the science and technology reinvention laboratories (as

designated under section 1105 of the National Defense

Deadline.

Cost estimate.

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133 STAT. 1287 PUBLIC LAW 116–92—DEC. 20, 2019

Authorization Act for Fiscal Year 2010 (Public Law 111–84;

10 U.S.C. 2358 note));

(2) the Major Range and Test Facility Base (as defined

in section 2358a(f)(3) of title 10, United States Code); and

(3) other facilities that support the research development,

test, and evaluation activities of the Department.

SEC. 253. ENERGETICS PLAN.

(a) P

LAN

EQUIRED

.—The Under Secretary of Defense for

Research and Engineering shall, in coordination with the technical

directors at defense laboratories and such other officials as the

Under Secretary considers appropriate, develop an energetics

research and development plan to ensure a long-term multi-domain

research, development, prototyping, and experimentation effort

that—

(1) maintains United States technological superiority in

energetics technology critical to national security;

(2) efficiently develops new energetics technologies and

transitions them into operational use, as appropriate; and

(3) maintains a robust industrial base and workforce to

support Department of Defense requirements for energetic

materials.

(b) B

RIEFING

.—Not later than one year after the date of the

enactment of this Act, the Under Secretary shall brief the congres-

sional defense committees on the plan developed under subsection

(a).

SEC. 254. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH GENERA-

TION INFORMATION AND COMMUNICATIONS TECH-

NOLOGIES.

(a) I

ENERAL

.—Not later than 270 days after the date of

the enactment of this Act, the Secretary of Defense shall develop—

(1) a strategy for harnessing fifth generation (commonly

known as ‘‘5G’’) information and communications technologies

to enhance military capabilities, maintain a technological

advantage on the battlefield, and accelerate the deployment

of new commercial products and services enabled by 5G net-

works throughout the Department of Defense; and

(2) a plan for implementing the strategy developed under

paragraph (1).

(b) E

LEMENTS

.—The strategy required under subsection (a)

shall include the following elements:

(1) Adoption and use of secure fourth generation (commonly

known as ‘‘4G’’) communications technologies and the transition

to advanced and secure 5G communications technologies for

military applications and for military infrastructure.

(2) Science, technology, research, and development efforts

to facilitate the advancement and adoption of 5G technology

and new uses of 5G systems, subsystems, and components,

including—

(A) 5G testbeds for developing military and dual-use

applications; and

(B) spectrum-sharing technologies and frameworks.

(3) Strengthening engagement and outreach with industry,

academia, international partners, and other departments and

agencies of the Federal Government on issues relating to 5G

technology and the deployment of such technology, including

Deadline.

10 USC 2223a

note.

Deadline.

Coordination.

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133 STAT. 1288 PUBLIC LAW 116–92—DEC. 20, 2019

development of a common industrial base for secure microelec-

tronics.

(4) Defense industrial base supply chain risk, management,

and opportunities.

(5) Preserving the ability of the Joint Force to achieve

objectives in a contested and congested spectrum environment.

(6) Strengthening the ability of the Joint Force to conduct

full spectrum operations that enhance the military advantages

of the United States.

(7) Securing the information technology and weapon sys-

tems of the Department against malicious activity.

(8) Advancing the deployment of secure 5G networks

nationwide.

(9) Such other matters as the Secretary of Defense deter-

mines to be relevant.

ONSULTATION

.—In developing the strategy and

implementation plan required under subsection (a), the Secretary

of Defense shall consult with the following:

(1) The Chief Information Officer of the Department of

Defense.

(2) The Under Secretary of Defense for Research and

Engineering.

(3) The Under Secretary of Defense for Acquisition and

Sustainment.

(4) The Under Secretary of Defense for Intelligence.

(5) Service Acquisition Executives of each military service.

(d) P

ERIODIC

RIEFINGS

.—

(1) I

N GENERAL

.—Not later than March 15, 2020, and not

less frequently than once every three months thereafter through

March 15, 2022, the Secretary of Defense shall provide to

the congressional defense committees a briefing on the develop-

ment and implementation of the strategy required under sub-

section (a), including an explanation of how the Department

of Defense—

(A) is using secure 5G wireless network technology;

(B) is reshaping the Department’s policy for producing

and procuring secure microelectronics; and

to develop common policies and approaches.

(2) E

LEMENTS

.—Each briefing under paragraph (1) shall

include information on—

(A) efforts to ensure a secure supply chain for 5G

wireless network equipment and microelectronics;

(B) the continued availability of electromagnetic spec-

trum for warfighting needs;

infrastructure in warfighting networks, base infrastructure,

defense-related manufacturing, and logistics;

(D) steps taken to work with allied and partner coun-

tries to protect critical networks and supply chains; and

(E) such other topics as the Secretary of Defense con-

siders relevant.

SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY

STRATEGY.

(a) D

ESIGNATION OF

ENIOR

FFICIAL

.—Not later than 180 days

after the date of the enactment of this Act, the Secretary of Defense,

Deadline.

Consultation.

10 USC 2223a

note.

Deadline.

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133 STAT. 1289 PUBLIC LAW 116–92—DEC. 20, 2019

acting through the Under Secretary of Defense for Research and

Engineering and in consultation with the Under Secretary of

Defense for Acquisition and Sustainment and appropriate public

and private sector organizations, shall designate a single official

or existing entity within the Department of Defense as the official

or entity (as the case may be) with principal responsibility for

guiding the development of science and technology activities related

to next generation software and software reliant systems for the

Department, including—

(1) research and development activities on new technologies

for the creation of highly secure, scalable, reliable, time-sen-

sitive, and mission-critical software;

(2) research and development activities on new approaches

and tools to software development and deployment, testing,

integration, and next generation software management tools

to support the rapid insertion of such software into defense

systems;

(3) foundational scientific research activities to support

advances in software;

(4) technical workforce and infrastructure to support

defense science and technology and software needs and mission

requirements;

(5) providing capabilities, including technologies, systems,

and technical expertise to support improved acquisition of soft-

ware reliant business and warfighting systems; and

(6) providing capabilities, including technologies, systems,

and technical expertise to support defense operational missions

which are reliant on software.

(b) D

EVELOPMENT OF

TRATEGY

.—The official or entity des-

ignated under subsection (a) shall develop a Department-wide

strategy for the research and development of next generation soft-

ware and software reliant systems for the Department of Defense,

including strategies for—

(1) types of software-related activities within the science

and technology portfolio of the Department;

(2) investment in new approaches to software development

and deployment, and next generation management tools;

(3) ongoing research and other support of academic,

commercial, and development community efforts to innovate

the software development, engineering, and testing process,

automated testing, assurance and certification for safety and

mission critical systems, large scale deployment, and

sustainment;

(4) to the extent practicable, implementing or continuing

the implementation of the recommendations set forth in—

(A) the final report of the Defense Innovation Board

submitted to the congressional defense committees under

section 872 of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497);

(B) the final report of the Defense Science Board Task

Force on the Design and Acquisition of Software for Defense

Systems described in section 868 of the John S. McCain

National Defense Authorization Act for Fiscal Year 2019

(Public Law 115–232; 10 U.S.C. 2223 note); and

development, and acquisition activities of the Department

of Defense.

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133 STAT. 1290 PUBLIC LAW 116–92—DEC. 20, 2019

(5) supporting the acquisition, technology development,

testing, assurance, and certification and operational needs of

the Department through the development of capabilities,

including personnel and research and production infrastructure,

and programs in—

(A) the science and technology reinvention laboratories

(as designated under section 1105 of the National Defense

Authorization Act for Fiscal Year 2010 (Public Law 111–

84; 10 U.S.C. 2358 note));

(B) the facilities of the Major Range and Test Facility

Base (as defined in section 2358a(f)(3) of title 10, United

States Code);

and

(D) universities, federally funded research and develop-

ment centers, and service organizations with activities in

software engineering; and

(6) the transition of relevant capabilities and technologies

to relevant programs of the Department, including software-

reliant cyber-physical systems, tactical systems, enterprise sys-

tems, and business systems.

UBMITTAL TO

ONGRESS

.—Not later than one year after

the date of the enactment of this Act, the official or entity designated

under subsection (a) shall submit to the congressional defense

committees the strategy developed under subsection (b).

SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.

(a) S

TRATEGY

EQUIRED

.—

(1) I

N GENERAL

.—The Secretary of Defense shall develop

a strategy for educating servicemembers in relevant occupa-

tional fields on matters relating to artificial intelligence.

(2) E

LEMENTS

.—The strategy developed under subsection

(a) shall include a curriculum designed to give servicemembers

a basic knowledge of artificial intelligence. The curriculum shall

include instruction in—

(A) artificial intelligence design;

(B) software coding;

ligence;

(D) the impact of artificial intelligence on military

strategy and doctrine;

(E) artificial intelligence decisionmaking via machine

learning and neural networks;

(F) ethical issues relating to artificial intelligence;

(G) the potential biases of artificial intelligence;

(H) potential weakness in artificial intelligence tech-

nology;

(I) opportunities and risks; and

(J) any other matters the Secretary of Defense deter-

mines to be relevant.

(b) I

MPLEMENTATION

LAN

.—The Secretary of Defense shall

develop a plan for implementing the strategy developed under sub-

section (a).

UBMITTAL TO

ONGRESS

.—Not later than 270 days after

the date of the enactment of this Act, the Secretary of Defense

shall submit to the congressional defense committees—

(1) the strategy developed under subsection (a); and

Deadline.

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133 STAT. 1291 PUBLIC LAW 116–92—DEC. 20, 2019

(2) the implementation plan developed under subsection

(b).

SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP

AND REPORTS.

(a) R

OADMAP FOR

CIENCE AND

ECHNOLOGY

CTIVITIES TO

UPPORT

EVELOPMENT OF

YBER

APABILITIES

.—

(1) R

OADMAP REQUIRED

.—The Secretary of Defense, acting

through the Under Secretary of Defense for Research and

Engineering, shall develop a roadmap for science and tech-

nology activities of the Department of Defense to support

development of cyber capabilities to meet Department needs

and missions.

(2) G

OAL OF CONSISTENCY

.—The Secretary shall develop

the roadmap required by paragraph (1) to ensure consistency

with appropriate Federal interagency, industry, and academic

activities.

(3) S

COPE

.—The roadmap required by paragraph (1) shall—

(A) cover the development of capabilities that will likely

see operational use within the next 25 years or earlier;

and

(B) address cyber operations and cybersecurity.

(4) C

ONSULTATION

.—The Secretary shall develop the

roadmap required by paragraph (1) in consultation with the

following:

(A) The Chief Information Officer of the Department.

(B) The secretaries and chiefs of the military depart-

ments.

(D) The Commander of the United States Cyber Com-

mand.

(E) The Director of the National Security Agency.

(F) The Director of the Defense Information Systems

Agency.

(G) The Director of the Defense Advanced Research

Projects Agency.

(H) The Director of the Defense Digital Service.

(I) Such interagency partners as the Secretary con-

siders appropriate.

(5) F

ORM

.—The Secretary shall develop the roadmap

required by paragraph (1) in unclassified form, but may include

a classified annex.

(6) P

UBLICATION

.—The Secretary shall make available to

the public the unclassified form of the roadmap developed

pursuant to paragraph (1).

(b) A

NNUAL

EPORT ON

YBER

CIENCE AND

ECHNOLOGY

CTIVITIES

.—

(1) A

NNUAL REPORTS REQUIRED

.—In fiscal years 2021, 2022,

and 2023, the Under Secretary of Defense for Research and

Engineering shall submit to the congressional defense commit-

tees a report on the science and technology activities within

the Department of Defense relating to cyber matters during

the previous fiscal year, the current fiscal year, and the fol-

lowing fiscal year.

(2) C

ONTENTS

.—Each report submitted pursuant to para-

graph (1) shall include, for the period covered by the report,

a description and listing of the science and technology activities

Public

information.

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133 STAT. 1292 PUBLIC LAW 116–92—DEC. 20, 2019

of the Department relating to cyber matters, including the

following:

(A) Extramural science and technology activities.

(B) Intramural science and technology activities.

(D) Major prototyping and demonstration programs.

(E) A list of agreements and activities to transition

capabilities to acquisition activities, including—

(i) national security systems;

(ii) business systems; and

(iii) enterprise and network systems.

(F) Efforts to enhance the national technical cybersecu-

rity workforce, including specific programs to support edu-

cation, training, internships, and hiring.

(G) Efforts to perform cooperative activities with inter-

national partners.

(H) Efforts under the Small Business Innovation

Research and the Small Business Technology Transfer Pro-

gram, including estimated amounts to be expected in the

following fiscal year.

(I) Efforts to encourage partnerships between the

Department of Defense and universities participating in

the National Centers of Academic Excellence in Cyber

Operations and Cyber Defense.

(3) T

IMING

.—Each report submitted pursuant to paragraph

(1) shall be submitted concurrently with the annual budget

request of the President submitted pursuant to section 1105

of title 31, United States Code.

(4) F

ORM

.—The report submitted under paragraph (1) shall

be submitted in unclassified form, but may include a classified

annex.

SEC. 258. REPORT ON B–52 COMMERCIAL ENGINE REPLACEMENT PRO-

GRAM.

(a) D

OCUMENTATION

EQUIRED

.—The Secretary of the Air Force

shall submit to the congressional defense committees a report on

the B–52 commercial engine replacement program of the Air Force.

(b) C

ONTENTS

.—The report submitted under subsection (a) shall

include the following:

(1) The acquisition strategy of the Secretary for the pro-

gram.

(2) The cost and schedule estimates of the Secretary for

the program.

(3) The key performance parameters or equivalent require-

ments document for the program.

(4) The test and evaluation strategy of the Secretary for

the program.

(5) The logistics strategy of the Secretary for the program.

(6) The post-production fielding strategy of the Secretary

for the program.

(7) An assessment of the potential for the commercial

engine replacement to achieve nuclear system certification.

IMITATION

.—Of the funds authorized to be appropriated

by this Act or otherwise made available for fiscal year 2020 for

the Air Force, not more than 75 percent may be obligated or

expended until the date on which the Secretary of the Air Force

Assessment.

Estimates.

Strategies.

List.

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133 STAT. 1293 PUBLIC LAW 116–92—DEC. 20, 2019

submits to the congressional defense committees the report required

by subsection (a).

SEC. 259. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST

PRACTICES FOR DEPARTMENT OF DEFENSE

WARFIGHTING SYSTEMS.

(a) R

EPORT

EQUIRED

.—Not later than 120 days after the date

of the enactment of this Act, the Under Secretary of Defense for

Acquisition and Sustainment shall submit to the congressional

defense committees a report on commercial edge computing tech-

nologies and best practices for Department of Defense warfighting

systems.

(b) C

ONTENTS

.—The report submitted under subsection (a) shall

include the following:

(1) Identification of initial warfighting system programs

of record that will benefit most from accelerated insertion of

commercial edge computing technologies and best practices,

resulting in significant near-term improvement in system

performance and mission capability.

(2) The plan of the Department of Defense to provide

additional funding for the systems identified in paragraph (1)

to achieve fielding of accelerated commercial edge computing

technologies before or during fiscal year 2021.

(3) The plan of the Department to identify, manage, and

provide additional funding for commercial edge computing tech-

nologies more broadly over the next four fiscal years where

appropriate for—

(A) command, control, communications, and intel-

ligence systems;

(B) logistics systems; and

(4) A detailed description of the policies, procedures,

budgets, and accelerated acquisition and contracting mecha-

nisms of the Department for near-term insertion of commercial

edge computing technologies and best practices into military

mission-critical systems.

SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTEL-

LIGENCE CENTER.

(a) R

EPORTS

EQUIRED

.—Not later than 180 days after the

date of the enactment of this Act and biannually thereafter through

the end of 2023, the Secretary of Defense shall submit to the

congressional defense committees a report on the Joint Artificial

Intelligence Center (referred to in this section as the ‘‘Center’’).

(b) E

LEMENTS

.—Each report under subsection (a) shall include

the following:

(1) Information relating to the mission and objectives of

the Center.

(2) A description of the National Mission Initiatives,

Component Mission Initiatives, and any other initiatives of

the Center, including a description of—

(A) the activities carried out under the initiatives;

(B) any investments made or contracts entered into

under the initiatives; and

(3) A description of how the Center has sought to leverage

lessons learned, share best practices, avoid duplication of

Plans.

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133 STAT. 1294 PUBLIC LAW 116–92—DEC. 20, 2019

efforts, and transition artificial intelligence research efforts into

operational capabilities by—

(A) collaborating with other organizations and elements

of the Department of Defense, including the Defense Agen-

cies and the military departments; and

(B) deconflicting the activities of the Center with the

activities of other organizations and elements of the Depart-

ment.

(4) A description of any collaboration between—

(A) the Center and the private sector, national labora-

tories, and academia; and

(B) the Center and international allies and partners.

(5) The total number of military, contractor, and civilian

personnel who are employed by the Center, assigned to the

Center, and performing functions in support of the Center.

(6) A description of the organizational structure and

staffing of the Center.

(7) A detailed description of the frameworks, metrics, and

capabilities established to measure the effectiveness of the

Center and the Center’s investments in the National Mission

Initiatives and Component Mission Initiatives.

(8) A description of any new policies, standards, or guidance

relating to artificial intelligence that have been issued by the

Chief Information Officer of the Department.

(9) Identification of any ethical guidelines applicable to

the use of artificial intelligence by the Department.

(10) A description of any steps taken by the Center to

protect systems that use artificial intelligence from any

attempts to misrepresent or alter information used or provided

by artificial intelligence.

OINT

RTIFICIAL

NTELLIGENCE

ENTER

EFINED

.—In this

section, the term ‘‘Joint Artificial Intelligence Center’’ means the

Joint Artificial Intelligence Center of the Department of Defense

established pursuant to section 238 of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

232; 10 U.S.C. 2358 note).

SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED

FIGHTING VEHICLE PROGRAM.

(a) I

ENERAL

.—Beginning not later than December 1, 2019,

and on a quarterly basis thereafter through October 1, 2022, the

Assistant Secretary shall provide to the Committees on Armed

Services of the Senate and the House of Representatives a briefing

on the progress of the Optionally Manned Fighting Vehicle program

of the Army.

(b) E

LEMENTS

.—Each briefing under subsection (a) shall

include, with respect to the Optionally Manned Fighting Vehicle

program, the following elements:

(1) An overview of funding for the program, including

identification of—

(A) any obligations and expenditures that have been

made under the program; and

(B) any obligations and expenditures that are planned

for the program.

(2) An overview of the program schedule.

(3) An assessment of the status of the program with respect

to—

Assessment.

Overview.

Effective date.

Time period.

Briefings.

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133 STAT. 1295 PUBLIC LAW 116–92—DEC. 20, 2019

(A) the development and approval of technical require-

ments;

(B) technological maturity;

(D) delivery; and

(E) program management.

(4) Any other matters that the Assistant Secretary con-

siders relevant to a full understanding of the status and plans

of the program.

SSISTANT

ECRETARY

EFINED

.—In this section, the term

‘‘Assistant Secretary’’ means the Assistant Secretary of the Army

for Acquisition, Logistics, and Technology (or the designee of the

Assistant Secretary), in consultation with the Commander of the

Army Futures Command (or the designee of the Commander).

SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY

BLACK COLLEGES AND UNIVERSITIES AND OTHER

MINORITY INSTITUTIONS.

(a) S

TUDY

EQUIRED

.—The Secretary of Defense shall seek

to enter into an agreement with the National Academies of Sciences,

Engineering, and Medicine (referred to in this section as the

‘‘National Academies’’) under which the National Academies will

conduct a study on the status of defense research at covered institu-

tions and the methods and means necessary to advance research

capacity at covered institutions to comprehensively address the

national security and defense needs of the United States.

(b) D

ESIGNATION

.—The study conducted under subsection (a)

shall be known as the ‘‘National Study on Defense Research At

Historically Black Colleges and Universities and Other Minority

Institutions’’.

LEMENTS

.—The study conducted under subsection (a) shall

include an examination of each of the following:

(1) The degree to which covered institutions are successful

in competing for and executing Department of Defense contracts

and grants for defense research.

(2) Best practices for advancing the capacity of covered

institutions to compete for and conduct research programs

related to national security and defense.

(3) The advancements and investments necessary to elevate

covered institutions to R2 status or R1 status on the Carnegie

Classification of Institutions of Higher Education, consistent

with the criteria of the classification system.

(4) The facilities and infrastructure for defense-related

research at covered institutions as compared to the facilities

and infrastructure at institutions classified as R1 status on

the Carnegie Classification of Institutions of Higher Education.

(5) Incentives to attract, recruit, and retain leading

research faculty to covered institutions.

(6) Best practices of institutions classified as R1 status

on the Carnegie Classification of Institutions of Higher Edu-

cation, including best practices with respect to—

(A) the establishment of a distinct legal entity to—

(i) enter into contracts or receive grants from the

Department;

(ii) lay the groundwork for future research

opportunities;

(iii) develop research proposals;

10 USC 2362

note.

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133 STAT. 1296 PUBLIC LAW 116–92—DEC. 20, 2019

(iv) engage with defense research funding

organizations; and

(v) execute the administration of grants; and

(B) determining the type of legal entity, if any, to

establish for the purposes described in subparagraph (A).

(7) The ability of covered institutions to develop, protect,

and commercialize intellectual property created through

defense-related research.

(8) The total amount of defense research funding awarded

to all institutions of higher education, including covered institu-

tions, through contracts and grants for each of fiscal years

2010 through 2019 and, with respect to each such institution—

(A) whether the institution established a distinct legal

entity to enter into contracts or receive grants from the

Department and, if so, the type of legal entity that was

established;

(B) the total value of contracts and grants awarded

to the institution of higher education for each of fiscal

years 2010 through 2019;

cation for fiscal year 2019;

(D) the institution’s classification on the Carnegie

Classification of Institutions of Higher Education; and

(E) whether the institution qualifies as a covered

institution.

(9) Recommendations for strengthening and enhancing the

programs executed under section 2362 of title 10, United States

Code.

(10) Recommendations to enhance the capacity of covered

institutions to transition research products into defense acquisi-

tion programs or commercialization.

(11) Previous executive or legislative actions by the Federal

Government to address imbalances in Federal research funding,

including such programs as the Defense Established Program

to Stimulate Competitive Research (commonly known as

‘‘DEPSCoR’’).

(12) The effectiveness of the Department in attracting and

retaining students specializing in science, technology,

engineering, and mathematics fields from covered institutions

for the Department’s programs on emerging capabilities and

technologies.

(13) Recommendations for the development of incentives

to encourage research and educational collaborations between

covered institutions and other institutions of higher education.

(14) Any other matters the Secretary of Defense determines

to be relevant to advancing the defense research capacity of

covered institutions.

(d) R

EPORTS

.—

(1) I

NITIAL REPORT

.—Not later than 180 days after the

date of the enactment of this Act, the Secretary of Defense

shall submit to the President and the appropriate congressional

committees an initial report that includes—

(A) the findings of the study conducted under sub-

section (a); and

(B) any recommendations that the National Academies

may have for action by the executive branch and Congress

to improve the participation of covered institutions in

Recommenda-

tions.

Recommenda-

tions.

Recommenda-

tions.

Recommenda-

tions.

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133 STAT. 1297 PUBLIC LAW 116–92—DEC. 20, 2019

Department of Defense research and any actions that may

be carried out to expand the research capacity of such

institutions.

(2) F

INAL REPORT

.—Not later than December 31, 2021,

the Secretary of Defense shall submit to the President and

the appropriate congressional committees a comprehensive

report on the results of the study required under subsection

(a).

(3) F

ORM OF REPORTS

.—Each report submitted under this

subsection shall be made publicly available.

(e) I

MPLEMENTATION

EQUIRED

.—

(1) I

N GENERAL

.—Except as provided in paragraph (2), not

later than March 1, 2022, the Secretary of Defense shall com-

mence implementation of each recommendation included in the

final report submitted under subsection (d)(2).

(2) E

XCEPTIONS

.—

(A) D

ELAYED IMPLEMENTATION

.—The Secretary of

Defense may commence implementation of a recommenda-

tion described paragraph (1) later than March 1, 2022,

if—

(i) the Secretary submits to the congressional

defense committees written notice of the intent of the

Secretary to delay implementation of the recommenda-

tion; and

(ii) includes, as part of such notice, a specific jus-

tification for the delay in implementing the rec-

ommendation.

(B) N

ONIMPLEMENTATION

.—The Secretary of Defense

may elect not to implement a recommendation described

in paragraph (1), if—

(i) the Secretary submits to the congressional

defense committees written notice of the intent of the

Secretary not to implement the recommendation; and

(ii) includes, as part of such notice—

(I) the reasons for the Secretary’s decision not

to implement the recommendation; and

(II) a summary of alternative actions the Sec-

retary will carry out to address the purposes

underlying the recommendation.

(3) I

MPLEMENTATION PLAN

.—For each recommendation that

the Secretary implements under this subsection, the Secretary

shall submit to the congressional defense committees an

implementation plan that includes—

(A) a summary of actions that have been, or will be,

carried out to implement the recommendation; and

(B) a schedule, with specific milestones, for completing

the implementation of the recommendation.

(f) L

IST OF

OVERED

NSTITUTIONS

.—The Secretary of Defense,

in consultation with the Secretary of Education and the Presidents

of the National Academies, shall make available a list identifying

each covered institution examined as part of the study under sub-

section (a). The list shall be made available on a publicly accessible

website and shall be updated not less frequently than once annually

until the date on which the final report is submitted under sub-

section (d)(2).

(g) D

EFINITIONS

.—In this section:

Consultation.

Public

information.

Web posting.

Summary.

Notice.

Deadline.

Public

information.

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133 STAT. 1298 PUBLIC LAW 116–92—DEC. 20, 2019

(1) The term ‘‘appropriate congressional committees’’

means—

(A) the congressional defense committees;

(B) the Committee on Health, Education, Labor, and

Pensions of the Senate; and

House of Representatives.

(2) The term ‘‘covered institution’’ means—

(A) a part B institution (as that term is defined in

section 322(2) of the Higher Education Act of 1965 (20

U.S.C. 1061(2)); or

(B) any other institution of higher education (as that

term is defined in section 101 of such Act (20 U.S.C. 1001))

at which not less than 50 percent of the total student

enrollment consists of students from ethnic groups that

are underrepresented in the fields of science and

engineering.

SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECH-

NOLOGIES FOR THE DEPARTMENT OF DEFENSE.

(a) S

TUDY

EQUIRED

.—

(1) I

N GENERAL

.—Not later than 30 days after the date

of the enactment of this Act, the Secretary of Defense shall

direct the Defense Science Board to carry out a study on

emerging biotechnologies pertinent to national security.

(2) P

ARTICIPATION

.—Participants in the study shall include

the following:

(A) Such members of the Board as the Chairman of

the Board considers appropriate for the study.

(B) Such additional temporary members or contracted

support as the Secretary—

(i) selects from those recommended by the Chair-

man for purposes of the study; and

(ii) considers to have significant technical, policy,

or military expertise.

(3) E

LEMENTS

.—The study conducted pursuant to para-

graph (1) shall include the following:

(A) A review of the military understanding and rel-

evancy of applications of emerging biotechnologies to

national security requirements of the Department of

Defense, including—

(i) a review of all research and development

relating to emerging biotechnologies within the Depart-

ment of Defense, including areas that demand further

priority and investment;

(ii) a review of interagency cooperation and

collaboration on research and development relating to

emerging biotechnologies between—

(I) the Department;

(II) other departments and agencies in the

Federal Government; and

(III) appropriate private sector entities that

are involved in research and development relating

to emerging biotechnologies;

(iii) an assessment of current biotechnology

research in the commercial sector, institutions of

higher education, the intelligence community, and

Reviews.

Assessments.

Deadline.

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133 STAT. 1299 PUBLIC LAW 116–92—DEC. 20, 2019

civilian agencies of the Federal Government relevant

to critical Department of Defense applications of this

research;

(iv) an assessment of the potential national secu-

rity risks of emerging biotechnologies, including risks

relating to foreign powers advancing their use of

emerging biotechnologies for military applications and

other purposes faster than the Department; and

(v) an assessment of the knowledge base of the

Department with respect to emerging biotechnologies,

including scientific expertise and infrastructure in the

Department and the capacity of the Department to

integrate emerging biotechnologies into its operational

concepts, capabilities, and forces.

(B) An assessment of the technical basis within the

Department used to inform the intelligence community of

the Department’s collection and analysis needs relating

to emerging biotechnologies.

of emerging biotechnologies, as appropriate for the Depart-

ment.

(D) Development of such recommendations as the

Board may have for legislative or administrative action

relating to national security emerging biotechnologies for

the Department.

(4) A

CCESS TO INFORMATION

.—The Secretary shall provide

the Board with timely access to appropriate information, data,

resources, and analysis so that the Board may conduct a thor-

ough and independent analysis as required under this section.

(5) R

EPORT

.—(A) Not later than one year after the date

on which the Secretary directs the Board to conduct the study

pursuant to paragraph (1), the Board shall transmit to the

Secretary a final report on the study.

(B) Not later than 30 days after the date on which the

Secretary receives the final report under subparagraph (A),

the Secretary shall submit to the congressional defense commit-

tees such report and such comments as the Secretary considers

appropriate.

(b) B

RIEFING

EQUIRED

.—Not later than 90 days after the

date of the enactment of this Act, the Secretary of Defense shall

provide the congressional defense committees a briefing on potential

national security risks of emerging biotechnologies, including risks

relating to foreign powers advancing their use of emerging biotech-

nologies for military applications and other purposes faster than

the Department.

SEC. 264. INDEPENDENT STUDY ON OPTIMIZING RESOURCES ALLO-

CATED TO COMBATING TERRORISM TECHNICAL SUPPORT

OFFICE.

(a) I

NDEPENDENT

TUDY

.—Not later than 30 days after the

date of the enactment of this Act, the Secretary of Defense shall

seek to enter into a contract with a federally funded research

and development center under which the center will conduct a

study on the optimal use of resources allocated to the Combating

Terrorism Technical Support Office.

(b) E

LEMENTS OF

TUDY

.—In carrying out the study referred

to in subsection (a), the federally funded research and development

Deadline.

Contracts.

Reports.

Deadline.

Recommenda-

tions.

Recommenda-

tions.

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133 STAT. 1300 PUBLIC LAW 116–92—DEC. 20, 2019

center with which the Secretary enters into a contract under such

subsection shall—

(1) evaluate the current mission and organization of the

Combating Terrorism Technical Support Office and its relation

to the objectives outlined in the National Defense Strategy;

(2) assess the extent to which the activities of the Com-

bating Terrorism Technical Support Office are complementary

to and coordinated with other relevant activities by other

Department of Defense entities, including activities of the

Under Secretary of Defense for Research and Engineering, the

Under Secretary of Defense for Acquisition and Sustainment,

United States Special Operations Command, and the military

departments; and

(3) identify opportunities to improve the efficiency and

effectiveness of the Combating Terrorism Technical Support

Office, including through increased coordination, realignment,

or consolidation with other entities of the Department of

Defense, if appropriate.

UBMISSION TO

EPARTMENT OF

EFENSE

.—Not later than

180 days after the date of the enactment of this Act, the federally

funded research and development center that conducts the study

under subsection (a) shall submit to the Secretary of Defense a

report on the results of the study in both classified and unclassified

form.

(d) S

UBMISSION TO

ONGRESS

.—Not later than 30 days after

the date on which the Secretary of Defense receives the report

under subsection (c), the Secretary shall submit to the congressional

defense committees an unaltered copy of the report in both classified

and unclassified form, and such comments as the Secretary may

have with respect to the report.

SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE

PLANS AND PROGRAMS.

(a) A

SSESSMENT

.—Not later than 120 days after the date of

the enactment of this Act and pursuant to the arrangement entered

into under section 222, the Secretary of Defense shall seek to

engage the private scientific advisory group known as ‘‘JASON’’

to carry out an independent assessment of electronic warfare plans

and programs.

(b) E

LEMENTS

.—In carrying out the assessment under sub-

section (a), JASON shall—

(1) assess the strategies, programs, order of battle, and

doctrine of the Department of Defense related to the electronic

warfare mission area and electromagnetic spectrum operations;

(2) assess the strategies, programs, order of battle, and

doctrine of potential adversaries, such as China, Iran, and

the Russian Federation, related to the such mission area and

operations;

(3) develop recommendations for improvements to the

strategies, programs, and doctrine of the Department of Defense

in order to enable the United States to achieve and maintain

superiority in the electromagnetic spectrum in future conflicts;

and

(4) develop recommendations for the Secretary of Defense,

Congress, and such other Federal entities as JASON considers

appropriate, including recommendations for—

(A) closing technical, policy, or resource gaps;

Recommenda-

tions.

Deadline.

Records.

Assessment.

Evaluation.

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133 STAT. 1301 PUBLIC LAW 116–92—DEC. 20, 2019

(B) improving cooperation and appropriate integration

within the Department of Defense entities;

and other countries and international organizations as

appropriate; and

(D) such other important matters identified by JASON

that are directly relevant to the strategies of the Depart-

ment of Defense described in paragraph (3).

IAISONS

.—The Secretary of Defense shall appoint appro-

priate liaisons to JASON to support the timely conduct of the

services covered by this section.

(d) M

ATERIALS

.—The Secretary of Defense shall provide access

to JASON to materials relevant to the services covered by this

section, consistent with the protection of sources and methods and

other critically sensitive information.

(e) C

LEARANCES

.—The Secretary of Defense shall ensure that

appropriate members and staff of JASON have the necessary clear-

ances, obtained in an expedited manner, to conduct the services

covered by this section.

(f) R

EPORT

.—Not later than October 1, 2020, the Secretary

of Defense shall submit to the congressional defense committees

a report on the results of the assessment carried out under sub-

section (a), including—

(1) the results of the assessment with respect to each

element described in subsection (b);

(2) the recommendations developed by JASON pursuant

to such subsection.

(g) R

ELATIONSHIP TO

THER

.—The assessment required

under subsection (a) is separate and independent from the assess-

ment described in section 255 of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

232; 132 Stat. 1705) and shall be carried out without regard to

any agreement entered into under that section or the results of

any assessment conducted pursuant to such agreement.

SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH

PROGRAM.

Section 2365 of title 10, United States Code, is amended—

(1) in subsections (a) and (d)(2), by striking ‘‘Assistant

Secretary of Defense for Research and Engineering’’ both places

it appears and inserting ‘‘Under Secretary of Defense for

Research and Engineering’’;

(2) in subsections (d)(3) and (e), by striking ‘‘Assistant

Secretary’’ both places it appears and inserting ‘‘Under Sec-

retary of Defense for Research and Engineering’’; and

(3) in subsection (d), by striking ‘‘Assistant Secretary’’ both

places it appears and inserting ‘‘Under Secretary’’.

TITLE III—OPERATION AND

MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Timeline for Clearinghouse review of applications for energy projects that

may have an adverse impact on military operations and readiness.

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133 STAT. 1302 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 312. Authority to accept contributions of funds from applicants for energy

projects for mitigation of impacts on military operations and readiness.

Sec. 313. Use of proceeds from sale of recyclable materials.

Sec. 314. Disposal of recyclable materials.

Sec. 315. Department of Defense improvement of previously conveyed utility sys-

tems serving military installations.

Sec. 316. Modification of Department of Defense environmental restoration authori-

ties to include Federal Government facilities used by National Guard.

Sec. 317. Use of operational energy cost savings of Department of Defense.

Sec. 318. Sale of electricity from alternate energy and cogeneration production fa-

cilities.

Sec. 319. Energy resilience programs and activities.

Sec. 320. Technical and grammatical corrections and repeal of obsolete provisions

relating to energy.

Sec. 321. Transfer authority for funding of study and assessment on health implica-

tions of per- and polyfluoroalkyl substances contamination in drinking

water by Agency for Toxic Substances and Disease Registry.

Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free

fire-fighting agent.

Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film-forming

foam at military installations.

Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training

exercises.

Sec. 325. Real-time sound-monitoring at Navy installations where tactical fighter

aircraft operate.

Sec. 326. Development of extreme weather vulnerability and risk assessment tool.

Sec. 327. Removal of barriers that discourage investments to increase military in-

stallation resilience.

Sec. 328. Budgeting of Department of Defense relating to extreme weather.

Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl Substances

in Meals Ready-to-Eat Food Packaging.

Sec. 330. Disposal of materials containing per- and polyfluoroalkyl substances or

aqueous film-forming foam.

Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl and

polyfluoroalkyl substances and other contaminants of concern.

Sec. 332. Cooperative agreements with States to address contamination by

perfluoroalkyl and polyfluoroalkyl substances.

Sec. 333. Plan to phase out use of burn pits.

Sec. 334. Information relating to locations of burn pit use.

Sec. 335. Data quality review of radium testing conducted at certain locations of

the Department of the Navy.

Sec. 336. Reimbursement of Environmental Protection Agency for certain costs in

connection with the Twin Cities Army Ammunition Plant, Minnesota.

Sec. 337. Pilot program for availability of working-capital funds for increased com-

bat capability through energy optimization.

Sec. 338. Report on efforts to reduce high energy intensity at military installations.

Subtitle C—Treatment of Contaminated Water Near Military Installations

Sec. 341. Short title.

Sec. 342. Definitions.

Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid (PFOA)

and perfluorooctane sulfonate (PFOS) for agricultural purposes.

Sec. 344. Acquisition of real property by Air Force.

Sec. 345. Remediation plan.

Subtitle D—Logistics and Sustainment

Sec. 351. Materiel readiness metrics and objectives.

Sec. 352. Clarification of authority regarding use of working-capital funds for un-

specified minor military construction projects related to revitalization

and recapitalization of defense industrial base facilities.

Sec. 353. Modification to limitation on length of overseas forward deployment of

naval vessels.

Sec. 354. Extension of temporary installation reutilization authority for arsenals,

depots, and plants.

Sec. 355. F–35 Joint Strike Fighter sustainment.

Sec. 356. Report on strategic policy for prepositioned materiel and equipment.

Sec. 357. Pilot program to train skilled technicians in critical shipbuilding skills.

Sec. 358. Requirement for military department inter-service depot maintenance.

Sec. 359. Strategy to improve infrastructure of certain depots of the Department of

Defense.

Subtitle E—Reports

Sec. 361. Readiness reporting.

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133 STAT. 1303 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 362. Technical correction to deadline for transition to Defense Readiness Re-

porting System Strategic.

Sec. 363. Report on Navy ship depot maintenance budget.

Sec. 364. Report on Runit Dome.

Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in

monthly readiness reporting on military units.

Sec. 366. Requirement to include foreign language proficiency in readiness report-

ing systems of Department of Defense.

Subtitle F—Other Matters

Sec. 371. Prevention of encroachment on military training routes and military oper-

ations areas.

Sec. 372. Expansion and enhancement of authorities on transfer and adoption of

military animals.

Sec. 373. Extension of authority for Secretary of Defense to use Department of De-

fense reimbursement rate for transportation services provided to certain

non-Department of Defense entities.

Sec. 374. Extension of authority of Secretary of Transportation to issue non-pre-

mium aviation insurance.

Sec. 375. Defense personal property program.

Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.

Sec. 377. Sense of Congress regarding Innovative Readiness Training program.

Sec. 378. Detonation chambers for explosive ordnance disposal.

Subtitle A—Authorization of

Appropriations

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2020 for the use of the Armed Forces and other activities and

agencies of the Department of Defense for expenses, not otherwise

provided for, for operation and maintenance, as specified in the

funding table in section 4301.

Subtitle B—Energy and Environment

SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS

FOR ENERGY PROJECTS THAT MAY HAVE AN ADVERSE

IMPACT ON MILITARY OPERATIONS AND READINESS.

Section 183a(c)(1) of title 10, United States Code, is amended

by striking ‘‘60 days’’ and inserting ‘‘75 days’’.

SEC. 312. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM

APPLICANTS FOR ENERGY PROJECTS FOR MITIGATION OF

IMPACTS ON MILITARY OPERATIONS AND READINESS.

Section 183a(f) of title 10, United States Code, is amended

by striking ‘‘for a project filed with the Secretary of Transportation

pursuant to section 44718 of title 49’’ and inserting ‘‘for an energy

project’’.

SEC. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS.

Section 2577(c) of title 10, United States Code, is amended

by striking ‘‘$2,000,000’’ and inserting ‘‘$10,000,000’’.

SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS.

Section 2577(a) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) In this section, the term ‘recyclable materials’ may include

any quality recyclable material provided to the Department by

a State or local government entity, if such material is authorized

Definition.

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133 STAT. 1304 PUBLIC LAW 116–92—DEC. 20, 2019

by the Office of the Secretary of Defense and identified in the

regulations prescribed under paragraph (1).’’.

SEC. 315. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY

CONVEYED UTILITY SYSTEMS SERVING MILITARY

INSTALLATIONS.

Section 2688 of title 10, United States Code, is amended—

(1) by redesignating subsection (k) as subsection (l); and

(2) by inserting after subsection (j) the following new sub-

section (k):

‘‘(k) I

MPROVEMENT OF

ONVEYED

TILITY

YSTEMS

.—In the case

of a utility system that is conveyed under this section and that

only provides utility services to a military installation, the Secretary

concerned may use amounts authorized to be appropriated for mili-

tary construction to improve the reliability, resilience, efficiency,

physical security, or cybersecurity of the utility system.’’.

SEC. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRON-

MENTAL RESTORATION AUTHORITIES TO INCLUDE FED-

ERAL GOVERNMENT FACILITIES USED BY NATIONAL

GUARD.

(a) I

ENERAL

.—Section 2707 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(e) A

UTHORITY FOR

ATIONAL

UARD

ROJECTS

.—Notwith-

standing subsection (a) of this section and section 2701(c)(1) of

this title, the Secretary concerned may use funds described in

subsection (c) to carry out an environmental restoration project

at a facility in response to perfluorooctanoic acid or perfluorooctane

sulfonate contamination under this chapter or CERCLA.’’.

(b) D

EFINITION OF

ACILITY

.—Section 2700(2) of such title is

amended—

(1) by striking ‘‘The terms’’ and inserting ‘‘(A) The terms’’;

and

(2) by adding at the end the following new subparagraph:

‘‘(B) The term ‘facility’ includes real property that is owned

by, leased to, or otherwise possessed by the United States

at locations at which military activities are conducted under

this title or title 32 (including real property owned or leased

by the Federal Government that is licensed to and operated

by a State for training for the National Guard).’’.

NCLUSION OF

OLLUTANTS AND

ONTAMINANTS IN

NVIRON

MENTAL

ESPONSE

CTIONS

.—Section 2701(c) of such title is

amended by inserting ‘‘or pollutants or contaminants’’ after ‘‘haz-

ardous substances’’ each place it appears.

(d) S

AVINGS

LAUSE

.—Nothing in this section, or the amend-

ments made by this section, shall affect any requirement or

authority under the Comprehensive Environmental Response, Com-

pensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

SEC. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPART-

MENT OF DEFENSE.

Section 2912 of title 10, United States Code, is amended—

(1) in subsection (a), by striking ‘‘subsection (b)’’ and

inserting ‘‘subsection (b) or (c), as the case may be,’’;

(2) in subsection (b), in the matter preceding paragraph

(1), by striking ‘‘The Secretary of Defense’’ and inserting ‘‘Except

as provided in subsection (c) with respect to operational energy

cost savings, the Secretary of Defense’’;

10 USC 2700

note.

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133 STAT. 1305 PUBLIC LAW 116–92—DEC. 20, 2019

(3) by redesignating subsection (c) as subsection (d); and

(4) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) U

SE OF

PERATIONAL

NERGY

OST

AVINGS

.—The amount

that remains available for obligation under subsection (a) that

relates to operational energy cost savings realized by the Depart-

ment shall be used for the implementation of additional operational

energy resilience, efficiencies, mission assurance, energy conserva-

tion, or energy security within the department, agency, or

instrumentality that realized that savings.’’.

SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND

COGENERATION PRODUCTION FACILITIES.

Section 2916(b)(3)(B) of title 10, United States Code, is

amended—

(1) by striking ‘‘shall be available’’ and all that follows

and inserting ‘‘shall be provided directly to the commander

of the military installation in which the geothermal energy

resource is located to be used for—’’; and

(2) by adding at the end the following new clauses:

‘‘(i) military construction projects described in para-

graph (2) that benefit the military installation where the

geothermal energy resource is located; or

‘‘(ii) energy or water security projects that—

‘‘(I) benefit the military installation where the geo-

thermal energy resource is located;

‘‘(II) the commander of the military installation

determines are necessary; and

‘‘(III) are directly coordinated with local area

energy or groundwater governing authorities.’’.

SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.

(a) M

ODIFICATION OF

NNUAL

NERGY

ANAGEMENT AND

ESIL

IENCE

EPORT

.—Section 2925(a) of title 10, United States Code,

is amended—

(1) in the subsection heading, by inserting ‘‘

AND

EADINESS

’’

after ‘‘M

ISSION

SSURANCE

’’;

(2) in the matter preceding paragraph (1), by inserting

‘‘The Secretary shall ensure that mission operators of critical

facilities provide to personnel of military installations any

information necessary for the completion of such report.’’ after

‘‘by the Secretary.’’;

(3) in paragraph (4), in the matter preceding subparagraph

(A), by striking ‘‘megawatts’’ and inserting ‘‘electric and thermal

loads’’; and

(4) in paragraph (5), by striking ‘‘megawatts’’ and inserting

‘‘electric and thermal loads’’.

(b) F

UNDING FOR

NERGY

ROGRAM

FFICES

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Secretaries of the military

departments shall submit to the congressional defense commit-

tees a report stating whether the program offices specified

in paragraph (2) are funded—

(A) at proper levels to ensure that the energy resilience

requirements of the Department of Defense are met; and

(B) at levels that are not less than in any previous

fiscal year.

Reports.

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133 STAT. 1306 PUBLIC LAW 116–92—DEC. 20, 2019

(2) P

ROGRAM OFFICES SPECIFIED

.—The program offices

specified in this paragraph are the following:

(A) The Power Reliability Enhancement Program of

the Army.

(B) The Office of Energy Initiatives of the Army.

(D) The Resilient Energy Program Office of the Navy.

(3) F

UNDING PLAN

.—

(A) I

N GENERAL

.—The Secretaries of the military

departments shall include in the report submitted under

paragraph (1) a funding plan for the next five fiscal years

beginning after the date of the enactment of this Act to

ensure that funding levels are, at a minimum, maintained

during that period.

(B) E

LEMENTS

.—The funding plan under subparagraph

(A) shall include, for each fiscal year covered by the plan,

an identification of the amounts to be used for the accom-

plishment of energy resilience goals and objectives.

STABLISHMENT OF

ARGETS FOR

ATER

.—The Sec-

retary of Defense shall, where life-cycle cost-effective, improve water

use efficiency and management by the Department of Defense,

including storm water management, by—

(1) installing water meters and collecting and using water

balance data of buildings and facilities to improve water con-

servation and management;

(2) reducing industrial, landscaping, and agricultural water

consumption in gallons by two percent annually through fiscal

year 2030 relative to a baseline of such consumption by the

Department in fiscal year 2010; and

(3) installing appropriate sustainable infrastructure fea-

tures on installations of the Department to help with storm

water and wastewater management.

SEC. 320. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL

OF OBSOLETE PROVISIONS RELATING TO ENERGY.

(a) T

ECHNICAL AND

RAMMATICAL

ORRECTIONS

.—

(1) T

ECHNICAL CORRECTIONS

.—Title 10, United States Code,

is amended—

(A) in section 2913(c), by striking ‘‘government’’ and

inserting ‘‘government or’’; and

(B) in section 2926(d)(1), in the second sentence, by

striking ‘‘Defense Agencies’’ and inserting ‘‘the Defense

Agencies’’.

(2) G

RAMMATICAL CORRECTIONS

.—Such title is further

amended—

(A) in section 2922a(d), by striking ‘‘resilience are

prioritized and included’’ and inserting ‘‘energy resilience

are included as critical factors’’; and

(B) in section 2925(a)(3), by striking ‘‘impacting energy’’

and all that follows through the period at the end and

inserting ‘‘degrading energy resilience at military installa-

tions (excluding planned outages for maintenance reasons),

whether caused by on- or off-installation disruptions,

including the total number of outages and their locations,

the duration of each outage, the financial effect of each

outage, whether or not the mission was affected, the

downtimes (in minutes or hours) the mission can afford

10 USC 2866

note.

Time period.

Effective date.

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133 STAT. 1307 PUBLIC LAW 116–92—DEC. 20, 2019

based on mission requirements and risk tolerances, the

responsible authority managing the utility, and measures

taken to mitigate the outage by the responsible authority.’’.

(b) C

LARIFICATION OF

PPLICABILITY OF

ONFLICTING

MEND

MENTS

ADE BY

2018 D

EFENSE

UTHORIZATION

.—Section

2911(e) of such title is amended—

(1) by striking paragraphs (1) and (2) and inserting the

following new paragraphs:

‘‘(1) Opportunities to reduce the current rate of consump-

tion of energy, the future demand for energy, and the require-

ment for the use of energy.

‘‘(2) Opportunities to enhance energy resilience to ensure

the Department of Defense has the ability to prepare for and

recover from energy disruptions that affect mission assurance

on military installations.’’; and

(2) by striking the second paragraph (13).

ONFORMING AND

LERICAL

MENDMENTS

.—

(1) H

EADING AMENDMENT

.—The heading of section 2926

of such title is amended to read as follows:

‘‘§ 2926. Operational energy’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of chapter 173 of such title is amended by striking

the item relating to section 2926 and inserting the following

new item:

‘‘2926. Operational energy.’’.

SEC. 321. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESS-

MENT ON HEALTH IMPLICATIONS OF PER- AND

POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN

DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES

AND DISEASE REGISTRY.

Section 316(a)(2)(B)(ii) of the National Defense Authorization

Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350),

as amended by section 315(a) of the John S. McCain National

Defense Authorization Act for Fiscal Year 2019 (Public Law 115–

232), is amended by striking ‘‘2019 and 2020’’ and inserting ‘‘2019,

2020, and 2021’’.

SEC. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING

FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.

(a) U

SE OF

LUORINE

FREE

OAM AT

ILITARY

NSTALLATIONS

.—

(1) M

ILITARY SPECIFICATION

.—Not later than January 31,

2023, the Secretary of the Navy shall publish a military speci-

fication for a fluorine-free fire-fighting agent for use at all

military installations and ensure that such agent is available

for use by not later than October 1, 2023.

(2) R

EPORT TO CONGRESS

.—Concurrent with publication of

the military specification under paragraph (1), the Secretary

of Defense shall submit to the congressional defense committees

a report containing a detailed plan for implementing the transi-

tion to a fluorine-free fire-fighting agent by not later than

October 1, 2023. The report shall include—

(A) a detailed description of the progress of the Depart-

ment of Defense to identify a fluorine-free fire-fighting

agent for use as a replacement fire-fighting agent at mili-

tary installations;

Implementation

plan.

Deadlines.

Publication.

10 USC 2661

note prec.

132 Stat. 1713.

10 USC 2924

prec.

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133 STAT. 1308 PUBLIC LAW 116–92—DEC. 20, 2019

(B) a description of any technology and equipment

required to implement the replacement fire-fighting agent;

the replacement fire-fighting agent, including funding for

the procurement of a replacement fire-fighting agent,

required equipment, and infrastructure improvements;

(D) a detailed timeline of remaining required actions

to implement such replacement.

(b) L

IMITATION

.—No amount authorized to be appropriated or

otherwise made available for the Department of Defense may be

obligated or expended after October 1, 2023, to procure fire-fighting

foam that contains in excess of one part per billion of perfluoroalkyl

substances and polyfluoroalkyl substances.

ROHIBITION ON

.—Fluorinated aqueous film-forming

foam may not be used at any military installation on or after

the earlier of the following dates:

(1) October 1, 2024.

(2) The date on which the Secretary determines that compli-

ance with the prohibition under this subsection is possible.

(d) E

XEMPTION FOR

HIPBOARD

.—Subsections (b) and (c)

shall not apply to firefighting foam for use solely onboard ocean-

going vessels.

(e) W

AIVER

.—

(1) I

N GENERAL

.—Subject to the limitations under para-

graph (2), the Secretary of Defense may waive the prohibition

under subsection (c) with respect to the use of fluorinated

aqueous film-forming foam, if, by not later than 60 days prior

to issuing the waiver, the Secretary—

(A) provides to the congressional defense committees

a briefing on the basis for the waiver and the progress

to develop and field a fluorine-free fire-fighting agent that

meets the military specifications issued pursuant to sub-

section (a), which includes—

(i) detailed data on the progress made to identify

a replacement fluorine-free fire-fighting agent;

(ii) a description of the range of technology and

equipment-based solutions analyzed to implement

replacement;

(iii) a description of the funding, by fiscal year,

applied towards research, development, test, and

evaluation of replacement firefighting agents and

equipment-based solutions;

(iv) a description of any completed and projected

infrastructure changes;

(v) a description of acquisition actions made in

support of developing and fielding the fluorine-free fire-

fighting agent;

(vi) an updated timeline for the completion of the

transition to use of the fluorine-free fire-fighting agent;

and

(vii) a list of the categories of installation infra-

structure or specific mobile firefighting equipment sets

that require the waiver along with the justification;

(B) submits to the congressional defense committees

certification in writing, that—

(i) the waiver is necessary for either installation

infrastructure, mobile firefighting equipment, or both;

Certification.

List.

Timeline.

Briefing.

Deadline.

Expiration date.

Timeline.

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133 STAT. 1309 PUBLIC LAW 116–92—DEC. 20, 2019

(ii) the waiver is necessary for the protection of

life and safety;

(iii) no agent or equipment solutions are available

that meet the military specific issued pursuant to sub-

section (a);

(iv) the military specification issued pursuant to

subsection (a) is still valid and does not require revi-

sion; and

(v) includes details of the measures in place to

minimize the release of and exposure to fluorinated

compounds in fluorinated aqueous film-forming foam;

and

(2) L

IMITATION

.—The following limitations apply to a

waiver issued under this subsection:

(A) Such a waiver shall apply for a period that does

not exceed one year.

(B) The Secretary may extend such a waiver once

for an additional period that does not exceed one year,

if the requirements under paragraph (1) are met as of

the date of the extension of the waiver.

section may not be delegated below the level of the Sec-

retary of Defense.

(f) D

EFINITIONS

.—In this section:

(1) The term ‘‘perfluoroalkyl substances’’ means aliphatic

substances for which all of the H atoms attached to C atoms

in the nonfluorinated substance from which they are notionally

derived have been replaced by F atoms, except those H atoms

whose substitution would modify the nature of any functional

groups present.

(2) The term ‘‘polyfluoroalkyl substances’’ means aliphatic

substances for which all H atoms attached to at least one

(but not all) C atoms have been replaced by F atoms, in such

a manner that they contain the perfluoroalkyl moiety

CnF2n+1l (for example, C8F17CH2CH2OH).

SEC. 323. PROHIBITION OF UNCONTROLLED RELEASE OF

FLUORINATED AQUEOUS FILM-FORMING FOAM AT MILI-

TARY INSTALLATIONS.

(a) P

ROHIBITION

.—Except as provided by subsection (b), the

Secretary of Defense shall prohibit the uncontrolled release of

fluorinated aqueous film-forming foam (hereinafter in this section

referred to as ‘‘AFFF’’) at military installations.

(b) E

XCEPTIONS

.—Notwithstanding subsection (a), fluorinated

AFFF may be released at military installations as follows:

(1) AFFF may be released for purposes of an emergency

response.

(2) A non-emergency release of AFFF may be made for

the purposes of testing of equipment or training of personnel,

if complete containment, capture, and proper disposal mecha-

nisms are in place to ensure no AFFF is released into the

environment.

10 USC 2661

note prec.

Extension.

Time period.

Applicability.

Time period.

Public notice.

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133 STAT. 1310 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM

FORMING FOAM FOR TRAINING EXERCISES.

The Secretary of Defense shall prohibit the use of fluorinated

aqueous film forming foam for training exercises at military installa-

tions.

SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS

WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.

(a) M

ONITORING

.—The Secretary of the Navy shall conduct

real-time sound-monitoring at no fewer than two Navy installations

and their associated outlying landing fields on the west coast of

the United States where Navy combat coded F/A–18, E/A–18G,

or F–35 aircraft are based and operate and noise contours have

been developed through noise modeling. Sound monitoring under

such study shall be conducted—

(1) during times of high, medium, and low activity over

the course of a 12-month period; and

(2) along and in the vicinity of flight paths used to approach

and depart the selected installations and their outlying landing

fields.

(b) P

LAN FOR

DDITIONAL

ONITORING

.—Not later than 90

days after the date of the enactment of this Act, the Secretary

of the Navy shall submit to the congressional defense committees

a plan for real-time sound monitoring described in subsection (a)

in the vicinity of training areas predominantly overflown by tactical

fighter aircraft from the selected installations and outlying landing

fields, including training areas that consist of real property adminis-

tered by the Federal Government (including Department of Defense,

Department of Interior, and Department of Agriculture), State and

local governments, and privately owned land with the permission

of the owner.

EPORT

EQUIRED

.—Not later than December 1, 2020, the

Secretary of the Navy shall submit to the congressional defense

committees a report on the monitoring required under subsection

(a). Such report shall include—

(1) the results of such monitoring;

(2) a comparison of such monitoring and the noise contours

previously developed with the analysis and modeling methods

previously used;

(3) an overview of any changes to the analysis and modeling

process that have been made or are being considered as a

result of the findings of such monitoring; and

(4) any other matters that the Secretary determines appro-

priate.

(d) P

UBLIC

VAILABILITY OF

ONITORING

ESULTS

.—The Sec-

retary shall make the results of the monitoring required under

subsection (a) publicly available on a website of the Department

of Defense.

SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND

RISK ASSESSMENT TOOL.

(a) I

ENERAL

.—The Secretary of Defense shall consult with

the entities described in subsection (b) to determine whether an

existing climate vulnerability and risk assessment tool is available

or can be adapted to be used to quantify the risks associated

with extreme weather events and the impact of such events on

Determination.

Web posting.

Deadline.

Time period.

10 USC 2661

note prec.

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133 STAT. 1311 PUBLIC LAW 116–92—DEC. 20, 2019

networks, systems, installations, facilities, and other assets to

inform mitigation planning and infrastructure development.

(b) C

ONSULTATION

.—In determining the availability of an appro-

priate tool to use or adapt for use under subsection (a), the Secretary

shall consult with the Administrator of the Environmental Protec-

tion Agency, the Secretary of Energy, the Secretary of the Interior,

the Administrator of the National Oceanic and Atmospheric

Administration, the Administrator of the Federal Emergency

Management Agency, the Commander of the Army Corps of Engi-

neers, the Administrator of the National Aeronautics and Space

Administration, a federally funded research and development

center, and the heads of such other relevant Federal agencies as

the Secretary of Defense determines appropriate.

EST

VAILABLE

CIENCE

.—Before choosing a tool for use

or adaptation for use under subsection (a), the Secretary shall

obtain from a federally funded research and development center

with which the Secretary has consulted under subsection (b) a

certification in writing that the tool relies on the best publicly

available science for the prediction of extreme weather risk and

effective mitigation of that risk.

(d) R

EPORT

.—Not later than one year after the date of the

enactment of this Act, the Secretary shall submit to the congres-

sional defense committees a report on the implementation of this

section. Such report shall include—

(1) in the case that a tool has been chosen under subsection

(a) before the date of the submittal of the report, a description

of the tool and how such tool will be used by the Department;

(2) in the case that the Secretary determines that no avail-

able tool meets the requirements of the Department as

described in subsection (a) or is readily adaptable for use,

a plan for the development of such a tool, including the esti-

mated cost and timeframe for development of such a tool.

SEC. 327. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS

TO INCREASE MILITARY INSTALLATION RESILIENCE.

(a) I

ENERAL

.—The Secretary of Defense shall—

(1) identify and seek to remove barriers that discourage

investments to increase military installation resilience;

(2) reform policies and programs that unintentionally

increased the vulnerability of systems to related extreme

weather events; and

(3) develop, and update at least once every four years,

an adaptation plan to assess how climate impacts affected

the ability of the Department of Defense to accomplish its

mission, and the short-and long- term actions the Department

can take to ensure military installation resilience.

(b) M

ILITARY

NSTALLATION

ESILIENCE

.—In this section, the

term ‘‘military installation resilience’’ has the meaning given such

term in section 101(e)(8) of title 10, United States Code.

SEC. 328. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO

EXTREME WEATHER.

(a) I

ENERAL

.—The Secretary of Defense shall include in

the annual budget submission of the President under section 1105(a)

of title 31, United States Code—

(1) a dedicated budget line item for adaptation to, and

mitigation of, effects of extreme weather on military networks,

10 USC 221 note.

Definition.

Time period.

Adaptation plan.

Assessment.

10 USC 2864

note.

Plan.

Cost estimate.

Timeframe.

Certification.

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133 STAT. 1312 PUBLIC LAW 116–92—DEC. 20, 2019

systems, installations, facilities, and other assets and capabili-

ties of the Department of Defense; and

(2) an estimate of the anticipated adverse impacts to the

readiness of the Department and the financial costs to the

Department during the year covered by the budget of the loss

of, or damage to, military networks, systems, installations,

facilities, and other assets and capabilities of the Department,

including loss of or obstructed access to training ranges, as

a result extreme weather events.

(b) D

ISAGGREGATION OF

MPACTS AND

OSTS

.—The estimate

under subsection (a)(2) shall set forth the adverse readiness impacts

and financial costs under that subsection by military department,

Defense Agency, and other component or element of the Depart-

ment.

XTREME

EATHER

EFINED

.—In this section, the term

‘‘extreme weather’’ means recurrent flooding, drought,

desertification, wildfires, and thawing permafrost.

SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND

POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-

EAT FOOD PACKAGING.

(a) P

ROHIBITION

.—Not later than October 1, 2021, the Director

of the Defense Logistics Agency shall ensure that any food contact

substances that are used to assemble and package meals ready-

to-eat (MREs) procured by the Defense Logistics Agency do not

contain any perfluoroalkyl substances or polyfluoroalkyl substances.

(b) D

EFINITIONS

.—In this section:

(1) P

ERFLUOROALKYL SUBSTANCE

.—The term

‘‘perfluoroalkyl substance’’ means a man-made chemical of

which all of the carbon atoms are fully fluorinated carbon

atoms.

(2) P

OLYFLUOROALKYL SUBSTANCE

.—The term

‘‘polyfluoroalkyl substance’’ means a man-made chemical con-

taining a mix of fully fluorinated carbon atoms, partially

fluorinated carbon atoms, and nonfluorinated carbon atoms.

SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND

POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM-

FORMING FOAM.

(a) I

ENERAL

.—The Secretary of Defense shall ensure that

when materials containing per- and polyfluoroalkyl substances

(referred to in this section as ‘‘PFAS’’) or aqueous film forming

foam (referred to in this section as ‘‘AFFF’’) are disposed—

(1) all incineration is conducted at a temperature range

adequate to break down PFAS chemicals while also ensuring

the maximum degree of reduction in emission of PFAS,

including elimination of such emissions where achievable;

(2) all incineration is conducted in accordance with the

requirements of the Clean Air Act (42 USC 7401 et seq.),

including controlling hydrogen fluoride;

(3) any materials containing PFAS that are designated

for disposal are stored in accordance with the requirement

under part 264 of title 40, Code of Federal Regulations; and

(4) all incineration is conducted at a facility that has been

permitted to receive waste regulated under subtitle C of the

Solid Waste Disposal Act (42 USC 6921 et seq.).

(b) S

COPE OF

PPLICATION

.—The requirements in subsection

(a) only apply to all legacy AFFF formulations containing PFAS,

10 USC 2701

note.

Deadline.

10 USC 2701

note.

Estimate.

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133 STAT. 1313 PUBLIC LAW 116–92—DEC. 20, 2019

materials contaminated by AFFF release, and spent filters or other

PFAS contaminated materials resulting from site remediation or

water filtration that—

(1) have been used by the Department of Defense or a

military department; or

(2) are being discarded for disposal by means of incineration

by the Department of Defense or a military department; or

(3) are being removed from sites or facilities owned or

operated by the Department of Defense.

SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO

PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES

AND OTHER CONTAMINANTS OF CONCERN.

(a) I

ENERAL

.—The Secretary of Defense shall seek to enter

into agreements with municipalities or municipal drinking water

utilities located adjacent to military installations under which both

the Secretary and the municipalities and utilities would share moni-

toring data relating to perfluoroalkyl substances, polyfluoroalkyl

substances, and other emerging contaminants of concern collected

at the military installation.

(b) P

UBLICLY

VAILABLE

EBSITE

.—The Secretary of Defense

shall maintain a publicly available website that provides a clearing-

house for information about the exposure of members of the Armed

Forces, their families, and their communities to per- and

polyfluoroalkyl substances. The information provided on the website

shall include information on testing, clean-up, and recommended

available treatment methodologies.

UBLIC

OMMUNICATION

.—An agreement under subsection

(a) does not negate the responsibility of the Secretary to commu-

nicate with the public about drinking water contamination from

perfluoroalkyl substances, polyfluoroalkyl substances, and other

contaminants.

(d) M

ILITARY

NSTALLATION

EFINED

.—In this section, the term

‘‘military installation’’ has the meaning given that term in section

2801(c) of title 10, United States Code.

SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS

CONTAMINATION BY PERFLUOROALKYL AND

POLYFLUOROALKYL SUBSTANCES.

(a) C

OOPERATIVE

GREEMENTS

.—

(1) I

N GENERAL

.—Upon request from the Governor or chief

executive of a State, the Secretary of Defense shall work expedi-

tiously, pursuant to section 2701(d) of title 10, United States

Code, to finalize a cooperative agreement, or amend an existing

cooperative agreement to address testing, monitoring, removal,

and remedial actions relating to the contamination or suspected

contamination of drinking, surface, or ground water from PFAS

originating from activities of the Department of Defense by

providing the mechanism and funding for the expedited review

and approval of documents of the Department related to PFAS

investigations and remedial actions from an active or decommis-

sioned military installation, including a facility of the National

Guard.

(2) M

INIMUM STANDARDS

.—A cooperative agreement final-

ized or amended under paragraph (1) shall meet or exceed

the most stringent of the following standards for PFAS in

any environmental media:

10 USC 2701

note.

10 USC 2701

note.

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133 STAT. 1314 PUBLIC LAW 116–92—DEC. 20, 2019

(A) An enforceable State standard, in effect in that

State, for drinking, surface, or ground water, as described

in section 121(d)(2)(A)(ii) of the Comprehensive Environ-

mental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9621(d)(2)(A)(ii)).

(B) An enforceable Federal standard for drinking, sur-

face, or ground water, as described in section 121(d)(2)(A)(i)

of the Comprehensive Environmental Response, Compensa-

tion, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).

the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).

(3) O

THER AUTHORITY

.—In addition to the requirements

for a cooperative agreement under paragraph (1), when other-

wise authorized to expend funds for the purpose of addressing

ground or surface water contaminated by a perfluorinated com-

pound, the Secretary of Defense may, to expend those funds,

enter into a grant agreement, cooperative agreement, or con-

tract with—

(A) the local water authority with jurisdiction over

the contamination site, including—

(i) a public water system (as defined in section

1401 of the Safe Drinking Water Act (42 U.S.C. 300f));

and

(ii) a publicly owned treatment works (as defined

in section 212 of the Federal Water Pollution Control

Act (33 U.S.C. 1292)); or

(B) a State, local, or Tribal government.

(b) R

EPORT

.—Beginning on February 1, 2020, if a cooperative

agreement is not finalized or amended under subsection (a) within

one year after the request from the Governor or chief executive

under that subsection, and annually thereafter, the Secretary of

Defense shall submit to the appropriate committees and Members

of Congress a report—

(1) explaining why the agreement has not been finalized

or amended, as the case may be; and

(2) setting forth a projected timeline for finalizing or

amending the agreement.

EFINITIONS

.—In this section:

(1) A

PPROPRIATE COMMITTEES AND MEMBERS OF CON

GRESS

.—The term ‘‘appropriate committees and Members of

Congress’’ means—

(A) the congressional defense committees;

(B) the Senators who represent a State impacted by

PFAS contamination described in subsection (a)(1); and

represent a district impacted by such contamination.

(2) F

ULLY FLUORINATED CARBON ATOM

.—The term ‘‘fully

fluorinated carbon atom’’ means a carbon atom on which all

the hydrogen substituents have been replaced by fluorine.

(3) PFAS.—The term ‘‘PFAS’’ means perfluoroalkyl and

polyfluoroalkyl substances that are man-made chemicals with

at least one fully fluorinated carbon atom.

(4) S

TATE

.—The term ‘‘State’’ has the meaning given the

term in section 101 of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C.

9601).

Timeline.

Effective date.

Deadline.

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133 STAT. 1315 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS.

Not later than one year after the date of the enactment of

this Act, the Secretary of Defense shall submit to the congressional

defense committees a plan to phase out the use of the burn pits

identified in the Department of Defense Open Burn Pit Report

to Congress dated April 2019.

SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.

The Secretary of Defense shall provide to the Secretary of

Veterans Affairs and to Congress a list of all locations where open-

air burn pits have been used by the Secretary of Defense, for

the purposes of augmenting the research, healthcare delivery, dis-

ability compensation, and other activities of the Secretary of Vet-

erans Affairs.

SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED

AT CERTAIN LOCATIONS OF THE DEPARTMENT OF THE

NAVY.

(a) R

EVIEW OF

ADIUM

ESTING

.—Except as provided in sub-

section (b), the Secretary of the Navy shall provide for an inde-

pendent third-party data quality review of all radium testing com-

pleted by contractors of the Department of the Navy at a covered

location.

(b) E

XCEPTION

.—In the case of a covered location for which

an independent third-party data quality review of all radium testing

completed by contractors of the Department has been conducted

prior to the date of the enactment of this Act, the requirement

under subsection (a) shall not apply if the Secretary of the Navy

submits to the congressional defense committees a report con-

taining—

(1) a certification that such review has been conducted

for such covered location; and

(2) a description of the results of such review.

OVERED

OCATION

EFINED

.—In this section, the term

‘‘covered location’’ means any of the following:

(1) Naval Weapons Industrial Reserve Plant, Bethpage,

New York.

(2) Hunter’s Point Naval Shipyard, San Francisco, Cali-

fornia.

SEC. 336. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION

AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE

TWIN CITIES ARMY AMMUNITION PLANT, MINNESOTA.

(a) T

RANSFER

MOUNT

.—Notwithstanding section 2215 of title

10, United States Code, the Secretary of Defense may transfer

to the Administrator of the Environmental Protection Agency—

(1) in fiscal year 2020, not more than $890,790; and

(2) in each of fiscal years 2021 through 2026, not more

than $150,000.

(b) P

URPOSE OF

EIMBURSEMENT

.—The amount authorized to

be transferred under subsection (a) is to reimburse the Environ-

mental Protection Agency for costs the Agency has incurred and

will incur relating to the response actions performed at the Twin

Cities Army Ammunition Plant, Minnesota, through September 30,

2025.

NTERAGENCY

GREEMENT

.—The reimbursement described

in subsection (b) is intended to satisfy certain terms of the inter-

agency agreement entered into by the Department of the Army

Time periods.

Certification.

Reports.

List.

Deadline.

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133 STAT. 1316 PUBLIC LAW 116–92—DEC. 20, 2019

and the Environmental Protection Agency for the Twin Cities Army

Ammunition Plant that took effect in December 1987 and that

provided for the recovery of expenses by the Agency from the

Department of the Army.

SEC. 337. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL

FUNDS FOR INCREASED COMBAT CAPABILITY THROUGH

ENERGY OPTIMIZATION.

(a) I

ENERAL

.—Notwithstanding section 2208 of title 10,

United States Code, the Secretary of Defense and the military

departments may use a working capital fund established pursuant

to that section for expenses directly related to conducting a pilot

program for energy optimization initiatives described in subsection

(b).

(b) E

NERGY

PTIMIZATION

NITIATIVES

.—Energy optimization

initiatives covered by the pilot program include the research,

development, procurement, installation, and sustainment of tech-

nologies or weapons system platforms, and the manpower required

to do so, that would improve the efficiency and maintainability,

extend the useful life, lower maintenance costs, or provide perform-

ance enhancement of the weapon system platform or major end

item.

IMITATION ON

ERTAIN

ROJECTS

.—Funds may not be used

pursuant to subsection (a) for—

(1) any product improvement that significantly changes

the performance envelope of an end item; or

(2) any single component with an estimated total cost in

excess of $10,000,000.

(d) L

IMITATION IN

ISCAL

EAR

ENDING

IMELY

EPORT

.—

If during any fiscal year the report required by paragraph (1)

of subsection (e) is not submitted by the date specified in paragraph

(2) of that subsection, funds may not be used pursuant to subsection

(a) during the period—

(1) beginning on the date specified in such paragraph (2);

and

(2) ending on the date of the submittal of the report.

(e) A

NNUAL

EPORT

.—

(1) I

N GENERAL

.—The Secretary of Defense shall submit

an annual report to the congressional defense committees on

the use of the authority under subsection (a) during the pre-

ceding fiscal year.

(2) D

EADLINE FOR SUBMITTAL

.—The report required by

paragraph (1) in a fiscal year shall be submitted not later

than 60 days after the date of the submittal to Congress of

the budget of the President for the succeeding fiscal year pursu-

ant to section 1105 of title 31, United States Code.

(3) R

ECOMMENDATION

.—In the case of the report required

to be submitted under paragraph (1) during fiscal year 2020,

the report shall include the recommendation of the Secretary

of Defense and the military departments regarding whether

the authority under subsection (a) should be made permanent.

(f) S

UNSET

.—The authority under subsection (a) shall expire

on October 1, 2024.

SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY

AT MILITARY INSTALLATIONS.

(a) R

EPORT

.—

10 USC 2911

note.

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133 STAT. 1317 PUBLIC LAW 116–92—DEC. 20, 2019

(1) R

EPORT REQUIRED

.—Not later than September 1, 2020,

the Under Secretary of Defense for Acquisition and

Sustainment, in conjunction with the assistant secretaries

responsible for installations and environment for the military

departments and the Defense Logistics Agency, shall submit

to the congressional defense committees a report detailing the

efforts to achieve cost savings at military installations with

high energy intensity.

(2) E

LEMENTS

.—The report required under paragraph (1)

shall include the following elements:

(A) A comprehensive, installation-specific assessment

of feasible and mission-appropriate energy initiatives sup-

porting energy production and consumption at military

installations with high energy intensity.

(B) An assessment of current sources of energy in

areas with high energy intensity and potential future

sources that are technologically feasible, cost-effective, and

mission-appropriate for military installations.

include required investment for feasible energy efficiency

options determined to be the most beneficial and cost-

effective, where appropriate, and consistent with priorities

of the Department of Defense.

(D) An explanation on how the military departments

are working collaboratively in order to leverage lessons

learned on potential energy efficiency solutions.

(E) An assessment of the extent to which activities

administered under the Federal Energy Management Pro-

gram of the Department of Energy could be used to assist

with the implementation strategy under subparagraph (C).

(F) An assessment of State and local partnership

opportunities that could achieve efficiency and cost savings,

and any legislative authorities required to carry out such

partnerships or agreements.

(3) C

OORDINATION WITH STATE

LOCAL

AND OTHER ENTI

TIES

.—In preparing the report required under paragraph (1),

the Under Secretary of Defense for Acquisition and

Sustainment may work in conjunction and coordinate with

the States containing areas of high energy intensity, local

communities, and other Federal agencies.

(b) D

EFINITION

.—In this section, the term ‘‘high energy inten-

sity’’ means costs for the provision of energy by kilowatt of electricity

or British Thermal Unit of heat or steam for a military installation

in the United States that is in the highest 20 percent of all military

installations for a military department.

Subtitle C—Treatment of Contaminated

Water Near Military Installations

SEC. 341. SHORT TITLE.

This subtitle may be cited as the ‘‘Prompt and Fast Action

to Stop Damages Act of 2019’’.

SEC. 342. DEFINITIONS.

In this subtitle:

(1) PFOA.—The term ‘‘PFOA’’ means perfluorooctanoic acid.

10 USC 2701

note.

10 USC 2701

note.

Prompt and Fast

Action to Stop

Damages Act

of 2019.

Strategy.

Assessments.

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133 STAT. 1318 PUBLIC LAW 116–92—DEC. 20, 2019

(2) PFOS.—The term ‘‘PFOS’’ means perfluorooctane

sulfonate.

SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH

PERFLUOROOCTANOIC ACID (PFOA) AND

PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICUL-

TURAL PURPOSES.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—Using amounts authorized to be appro-

priated or otherwise made available for operation and mainte-

nance for the military department concerned, or for operation

and maintenance Defense-wide in the case of the Secretary

of Defense, the Secretary concerned may provide water sources

uncontaminated with perfluoroalkyl and polyfluoroalkyl sub-

stances, including PFOA and PFOS, or treatment of contami-

nated waters, for agricultural purposes used to produce prod-

ucts destined for human consumption in an area in which

a water source has been determined pursuant to paragraph

(2) to be contaminated with such compounds by reason of

activities on a military installation under the jurisdiction of

the Secretary concerned.

(2) A

PPLICABLE STANDARD

.—For purposes of paragraph (1),

an area is determined to be contaminated with PFOA or PFOS

if—

(A) the level of contamination is above the Lifetime

Health Advisory for contamination with such compounds

issued by the Environmental Protection Agency and printed

in the Federal Register on May 25, 2016; or

(B) on or after the date the Food and Drug Administra-

tion sets a standard for PFOA and PFOS in raw agricul-

tural commodities and milk, the level of contamination

is above such standard.

(b) S

ECRETARY

ONCERNED

EFINED

.—In this section, the term

‘‘Secretary concerned’’ means the following:

(1) The Secretary of the Army, with respect to the Army.

(2) The Secretary of the Navy, with respect to the Navy,

the Marine Corps, and the Coast Guard (when it is operating

as a service in the Navy).

(3) The Secretary of the Air Force, with respect to the

Air Force.

(4) The Secretary of Defense, with respect to the Defense

Agencies.

SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE.

(a) A

UTHORITY

.—

(1) I

N GENERAL

.—The Secretary of the Air Force may

acquire one or more parcels of real property within the vicinity

of an Air Force base that has shown signs of contamination

from PFOA and PFOS due to activities on the base and which

would extend the contiguous geographic footprint of the base

and increase the force protection standoff near critical infra-

structure and runways.

(2) I

MPROVEMENTS AND PERSONAL PROPERTY

.—The

authority under paragraph (1) to acquire real property

described in that paragraph shall include the authority to pur-

chase improvements and personal property located on that

real property.

10 USC 2701

note.

10 USC 2701

note.

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133 STAT. 1319 PUBLIC LAW 116–92—DEC. 20, 2019

(3) R

ELOCATION EXPENSES

.—The authority under para-

graph (1) to acquire real property described in that paragraph

shall include the authority to provide Federal financial assist-

ance for moving costs, relocation benefits, and other expenses

incurred in accordance with the Uniform Relocation Assistance

and Real Property Acquisition Policies Act of 1970 (42 U.S.C.

4601 et seq.).

(b) E

NVIRONMENTAL

CTIVITIES

.—The Air Force shall conduct

such activities at a parcel or parcels of real property acquired

under subsection (a) as are necessary to remediate contamination

from PFOA and PFOS related to activities at the Air Force base.

UNDING

.—Funds for the land acquisitions authorized under

subsection (a) shall be derived from amounts authorized to be

appropriated for fiscal year 2020 for military construction or the

unobligated balances of appropriations for military construction

that are enacted after the date of the enactment of this Act.

(d) R

ULE OF

ONSTRUCTION

.—The authority under this section

constitutes authority to carry out land acquisitions for purposes

of section 2802 of title 10, United States Code.

SEC. 345. REMEDIATION PLAN.

(a) I

ENERAL

.—Not later than 180 days after the date of

the enactment of this Act, the Secretary of Defense shall submit

to Congress a remediation plan for cleanup of all water at or

adjacent to a military installation that is contaminated with PFOA

or PFOS.

(b) S

TUDY

.—In preparing the remediation plan under subsection

(a), the Secretary shall conduct a study on the contamination of

water at military installations with PFOA or PFOS.

UDGET

MOUNT

.—The Secretary shall ensure that each

budget of the President submitted to Congress under section 1105(a)

of title 31, United States Code, requests funding in amounts nec-

essary to address remediation efforts under the remediation plan

submitted under subsection (a).

Subtitle D—Logistics and Sustainment

SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES.

(a) A

NNUAL

EPORT ON

AJOR

EAPONS

YSTEMS

USTAINMENT

.—

(1) I

N GENERAL

.—Chapter 2 of title 10, United States Code,

is amended by inserting after section 117 the following new

section:

‘‘§ 118. Annual report on major weapons systems sustainment

‘‘Not later than five days after the date on which the Secretary

of Defense submits to Congress the materials in support of the

budget of the President for a fiscal year, the Secretary of Defense

shall submit to the congressional defense committees an annual

report on major weapons systems sustainment for the period covered

by the future years defense program specified by section 221 of

this title. Such report shall include—

‘‘(1) an assessment of the materiel availability, materiel

reliability, and mean down time metrics for each major weapons

system;

Assessments.

10 USC 118.

10 USC 2701

note.

Deadline.

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133 STAT. 1320 PUBLIC LAW 116–92—DEC. 20, 2019

‘‘(2) a detailed explanation of any factors that could pre-

clude the Department of Defense or any of the military depart-

ments from meeting applicable readiness goals or objectives;

and

‘‘(3) an assessment of the validity and effectiveness of the

definitions used to determine defense readiness, including the

terms ‘major weapons system’, ‘covered asset’, ‘total and

required inventory’, ‘materiel and operational availability’,

‘materiel and operational capability’, ‘materiel and operational

reliability’.’’.

(2) C

LERICAL AMENDMENT

.—The table of sections at the

beginning of such chapter is amended by inserting after the

item relating to section 117 the following new item:

‘‘118. Annual report on major weapons systems sustainment.’’.

(b) A

SSESSMENT OF

ATERIEL

EADINESS AND

EAPONS

YSTEM

USTAINMENT

.—

(1) A

SSESSMENT REQUIRED

.—Not later than March 1, 2020,

the Secretary of Defense shall complete a comprehensive assess-

ment of the materiel readiness and weapons systems

sustainment of the Department of Defense across the Depart-

ment organic industrial base and industry partners.

(2) C

ONTENTS

.—The assessment required by paragraph (1)

shall include—

(A) an assessment of the overall readiness strategy

of the Department of Defense and the capability of such

strategy to measure, track, and assess the readiness of

major weapons systems;

(B) an assessment of the use of objectives and metrics;

and

(D) applicable definitions and common usage of rel-

evant terms, including the terms ‘‘major weapons system’’,

‘‘covered asset’’, ‘‘total and required inventory’’, ‘‘materiel

and operational availability’’, ‘‘materiel and operational

capability’’, ‘‘materiel and operational reliability’’, and

‘‘maintenance costs’’.

(3) S

UBMISSION TO CONGRESS

.—The Secretary shall provide

to the congressional defense committees—

(A) a briefing on the assessment required by paragraph

(1) by not later than March 1, 2020; and

(B) a final report on such assessment by not later

than April 1, 2020.

SEC. 352. CLARIFICATION OF AUTHORITY REGARDING USE OF

WORKING-CAPITAL FUNDS FOR UNSPECIFIED MINOR MILI-

TARY CONSTRUCTION PROJECTS RELATED TO REVITAL-

IZATION AND RECAPITALIZATION OF DEFENSE INDUS-

TRIAL BASE FACILITIES.

Section 2208(u) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘carry out’’ and inserting

‘‘fund’’;

(2) in paragraph (2)—

(A) by striking ‘‘Section 2805’’ and inserting ‘‘(A) Except

as provided in subparagraph (B), section 2805’’;

(B) by striking ‘‘carried out with’’ and inserting ‘‘funded

using’’; and

Reports.

Briefing.

Deadline.

10 USC 111 prec.

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133 STAT. 1321 PUBLIC LAW 116–92—DEC. 20, 2019

graph:

‘‘(B) For purposes of applying subparagraph (A), the dollar

limitation specified in subsection (a)(2) of section 2805 of this title,

subject to adjustment as provided in subsection (f) of such section,

shall apply rather than the dollar limitation specified in subsection

(3) in paragraph (4), by striking ‘‘carry out’’ and inserting

‘‘fund’’.

SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS

FORWARD DEPLOYMENT OF NAVAL VESSELS.

Section 323 of the John S. McCain National Defense Authoriza-

tion Act for Fiscal Year 2019 (Public Law 115–232) is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new sub-

section (c):

‘‘(c) E

XTENSION OF

IMITATION ON

ENGTH OF

VERSEAS

WARD

EPLOYMENT FOR

U.S.S. S

HILOH

(CG–67).—Notwithstanding

subsection (b), the Secretary of the Navy shall ensure that the

U.S.S. Shiloh (CG–67) is assigned a homeport in the United States

by not later than September 30, 2023.’’.

SEC. 354. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION

AUTHORITY FOR ARSENALS, DEPOTS, AND PLANTS.

Section 345(d) of the National Defense Authorization Act for

Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2667 note) is

amended by striking ‘‘September 30, 2020’’ and inserting ‘‘Sep-

tember 30, 2025’’.

SEC. 355. F–35 JOINT STRIKE FIGHTER SUSTAINMENT.

(a) L

IMITATION ON

SE OF

UNDS

.—Of the amounts authorized

to be appropriated or otherwise made available in this Act for

the Office of the Under Secretary of Defense for Acquisition and

Sustainment for fiscal year 2020, not more than 75 percent may

be obligated or expended until the date on which the Under Sec-

retary submits the report required by subsection (b).

(b) R

EPORT

EQUIRED

.—The Under Secretary of Defense for

Acquisition and Sustainment shall submit to the Committees on

Armed Services of the Senate and House of Representatives a

report on steps being taken to improve the availability and account-

ability of F–35 parts within the supply chain. At a minimum,

the report shall include a detailed plan for each of the following

elements:

(1) How the accountable property system of record will

be updated with information from the prime contractors sup-

plying such parts on required cost and related data with respect

to the parts and how the F–35 Program Office will ensure

such contractors are adhering to contractual requirements for

the management, reporting, visibility, and accountability of

all such parts supplied by the prime contractors.

(2) How the accountability property system of record will

have interfaces that allow the F–35 Program Office and other

authorized entities to have proper accountability of assets in

accordance with applicable Department of Defense Instructions,

Department of Defense Manuals, and other applicable regula-

tions.

Plan.

Deadline.

10 USC 8690

note.

Applicability.

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133 STAT. 1322 PUBLIC LAW 116–92—DEC. 20, 2019

(3) How the F–35 Program Office, in coordination with

the military departments, will ensure business rules for the

prioritization of F–35 parts across all program participants

are sufficient, effective, and responsive.

(4) Steps being taken to ensure parts within the base,

afloat, and deployment spares packages are compatible for

deploying F–35 aircraft and account for updated parts demand.

SEC. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATE-

RIEL AND EQUIPMENT.

Not later than March 1, 2020, the Assistant Secretary of

Defense for Sustainment, in coordination with the Joint Staff, shall

submit to the Committees on Armed Services of the Senate and

House of Representatives a report on the implementation plan

for prepositioned materiel and equipment required by section 321(b)

of the National Defense Authorization Act for Fiscal Year 2014

(Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such

report shall include each of the following:

(1) A comprehensive list of the prepositioned materiel and

equipment programs of the Department of Defense.

(2) A detailed description of how the plan will be imple-

mented.

(3) A description of the resources required to implement

the plan, including the amount of funds and personnel.

(4) A description of how the plan will be reviewed and

assessed to monitor progress.

(5) Guidance on applying a consistent definition of

prepositioning across the Department, including the military

departments, the combatant commands, and the Defense Agen-

cies.

(6) A detailed description of how the Secretary will imple-

ment a joint oversight approach of the prepositioning programs

of the military departments.

SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRIT-

ICAL SHIPBUILDING SKILLS.

(a) E

STABLISHMENT

.—The Secretary of the Navy may carry

out a pilot program to train individuals to become skilled techni-

cians in critical shipbuilding skills such as welding, metrology,

quality assurance, machining, and additive manufacturing.

(b) P

ARTNERSHIPS

.—In carrying out the pilot program under

this section, the Secretary may partner with existing Federal or

State projects relating to investment and infrastructure in training

and education or workforce development, such as the National

Network for Manufacturing Innovation, the Industrial Base Anal-

ysis and Sustainment program of the Department of Defense, and

the National Maritime Educational Council.

ERMINATION

.—The authority to carry out a pilot program

under this section shall terminate on September 30, 2025.

(d) B

RIEFINGS

.—If the Secretary carries out a pilot program

under this section, the Secretary shall provide briefings to the

Committees on Armed Services of the Senate and the House of

Representatives as follows:

(1) Not later than 30 days before beginning to implement

the pilot program, the Secretary shall provide a briefing on

the plan, cost estimate, and schedule for the pilot program.

(2) Not less frequently than annually during the period

when the pilot program is carried out, the Secretary shall

Time periods.

10 USC 8685

note.

Guidance.

List.

Coordination.

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133 STAT. 1323 PUBLIC LAW 116–92—DEC. 20, 2019

provide briefings on the progress of the Secretary in carrying

out the pilot program.

SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE

DEPOT MAINTENANCE.

(a) J

OINT

ROCESS FOR

ECHNICAL

OMPLIANCE AND

UALITY

ONTROL

.—If the Secretary of a military department transfers any

maintenance action on a platform to a depot under the jurisdiction

of the Secretary of another military department, the two Secretaries

shall develop and implement a process to ensure the technical

compliance and quality control for the work performed.

(b) R

EQUIREMENTS

.—A process developed under subsection (a)

shall include the following requirements—

(1) The Secretary of the military department with jurisdic-

tion over the depot to which the maintenance action is trans-

ferred shall—

(A) ensure that the technical specifications, require-

ments, and standards for work to be performed are provided

to such action or depot; and

(B) implement procedures to ensure that completed

work complies with such specifications, requirements and

standards.

(2) The Secretary who transfers the maintenance activity

or depot shall ensure that—

(A) the technical specifications and requirements are

clearly understood; and

(B) the work performed is completed to the technical

specifications, requirements, and standards prescribed

under paragraph (1), and that the Secretary of the military

department with jurisdiction over the depot is informed

of any shortcoming or discrepancy.

EPORTS

.—Not later than 180 days after the date of the

enactment of this Act, the Under Secretary of Defense for Acquisi-

tion and Sustainment shall submit to the congressional defense

committees a report containing a certification that sufficient policy

and procedures are in place to ensure quality control when the

depot or maintenance activities of one military department support

another. The report shall include a description of known shortfalls

in existing policies and procedures and actions the Department

of Defense is taking to address such shortfalls.

SEC. 359. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN

DEPOTS OF THE DEPARTMENT OF DEFENSE.

(a) S

TRATEGY

EQUIRED

.—Not later than October 1, 2020, the

Secretary of Defense shall submit to the congressional defense

committees a comprehensive strategy for improving the depot infra-

structure of the military departments with the objective of ensuring

that all covered depots have the capacity and capability to support

the readiness and material availability goals of current and future

weapon systems of the Department of Defense.

(b) E

LEMENTS

.—The strategy under subsection (a) shall include

the following:

(1) A comprehensive review of the conditions and perform-

ance at each covered depot, including the following:

(A) An assessment of the current status of the following

elements:

(i) Cost and schedule performance of the depot.

Assessment.

Reviews.

Deadline.

10 USC 2476

note.

Certification.

Procedures.

10 USC 2460

note.

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133 STAT. 1324 PUBLIC LAW 116–92—DEC. 20, 2019

(ii) Material availability of weapon systems sup-

ported at the depot and the impact of the performance

of the depot on that availability.

(iii) Work in progress and non-operational items

awaiting depot maintenance.

(iv) The condition of the depot.

(v) The backlog of restoration and modernization

projects at the depot.

(vi) The condition of equipment at the depot.

(vii) the vulnerability of the depot to adverse

environmental conditions and, if necessary, the invest-

ment required to withstand those conditions.

(B) An identification of analytically based goals relating

to the elements identified in subparagraph (A).

(2) A business-case analysis that assesses investment alter-

natives comparing cost, performance, risk, and readiness out-

comes and recommends an optimal investment approach across

the Department of Defense to ensure covered depots efficiently

and effectively meet the readiness goals of the Department,

including an assessment of the following alternatives:

(A) The minimum investment necessary to meet invest-

ment requirements under section 2476 of title 10, United

States Code.

(B) The investment necessary to ensure the current

inventory of facilities at covered depots can meet the mis-

sion-capable, readiness, and contingency goals of the Sec-

retary of Defense.

infrastructure optimization plans of each military depart-

ment.

(D) Any other strategies for investment in covered

depots, as identified by the Secretary.

(3) A plan to improve conditions and performance of covered

depots that identifies the following:

(A) The approach of the Secretary of Defense for

achieving the goals outlined in paragraph (1)(B).

(B) The resources and investments required to imple-

ment the plan.

(D) A results-oriented approach to assess—

(i) the progress of each military department in

achieving such goals; and

(ii) the progress of the Department in imple-

menting the plan.

(E) Organizational roles and responsibilities for imple-

menting the plan.

(F) A process for conducting regular management

review and coordination of the progress of each military

department in implementing the plan and achieving such

goals.

(G) The extent to which the Secretary has addressed

recommendations made by the Comptroller General of the

United States relating to depot operations during the five-

year period preceding the date of submittal of the strategy

under this section.

Time period.

Review.

Coordination.

Assessments.

Plan.

Analysis.

Assessments.

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133 STAT. 1325 PUBLIC LAW 116–92—DEC. 20, 2019

(H) Risks to implementing the plan and mitigation

strategies to address those risks.

NNUAL

EPORT ON

ROGRESS

.—As part of the annual

budget submission of the President under section 1105(a) of title

31, United States Code, the Secretary of Defense shall submit

to the congressional defense committees a report describing the

progress made in—

(1) implementing the strategy under subsection (a); and

(2) achieving the goals outlined in subsection (b)(1)(B).

(d) C

OMPTROLLER

ENERAL

EPORTS

.—

(1) A

SSESSMENT OF STRATEGY

.—Not later than January

1, 2021, the Comptroller General of the United States shall

submit to the congressional defense committees a report

assessing the extent to which the strategy under subsection

(a) meets the requirements of this section.

(2) A

SSESSMENT OF IMPLEMENTATION

.—Not later than April

1, 2022, the Comptroller General shall submit to the congres-

sional defense committees a report setting forth an assessment

of the extent to which the strategy under subsection (a) has

been effectively implemented by each military department and

the Secretary of Defense.

(e) C

OVERED

EPOT

EFINED

.—In this section, the term ‘‘cov-

ered depot’’ has the meaning given that term in section 2476(e)

of title 10, United States Code.

Subtitle E—Reports

SEC. 361. READINESS REPORTING.

(a) R

EADINESS

EPORTING

YSTEM

.—Section 117 of title 10,

United States Code, is amended—

(1) by striking subsections (d) through (g); and

(2) by redesignating subsection (h) as subsection (d).

(b) Q

UARTERLY

EPORTS

.—Section 482 of title 10, United States

Code, is amended—

(1) in the section heading, by striking ‘‘Quarterly reports:

personnel and unit readiness’’ and inserting ‘‘Readiness

reports’’;

(2) in subsection (a)—

(A) In the subsection heading, by striking ‘‘Q

UARTERLY

EPORTS

EQUIRED

’’ and inserting ‘‘R

EPORTS AND

RIEFINGS

’’;

(B) In the first sentence—

(i) by striking ‘‘Not later’’ and inserting ‘‘(1) Not

later’’; and

(ii) by striking ‘‘each calendar-year quarter’’ and

inserting ‘‘the second and fourth quarter of each cal-

endar year’’;

inserting ‘‘The Secretary of Defense shall submit each such

report in writing and shall also submit a copy of each

such report to the Chairman of the Joint Chiefs of Staff.’’;

and

(D) by adding at the end the following new paragraphs:

‘‘(2) Not later than 30 days after the end of the first and

third quarter of each calendar year, the Secretary of Defense shall

Deadline.

Briefing.

Records.

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133 STAT. 1326 PUBLIC LAW 116–92—DEC. 20, 2019

provide to Congress a briefing regarding the military readiness

of the active and reserve components.

‘‘(3) Each report under this subsection shall contain the ele-

ments required by subsection (b) for the quarter covered by the

report, and each briefing shall address any changes to the elements

described in subsection (b) since the submittal of the most recently

submitted report.’’;

(3) by striking subsection (b) and inserting the following:

‘‘(b) R

EQUIRED

LEMENTS

.—The elements described in this sub-

section are each of the following:

‘‘(1) A description of each readiness problem or deficiency

that affects the ground, sea, air, space, cyber, or special oper-

ations forces, and any other area determined appropriate by

the Secretary of Defense.

‘‘(2) The key contributing factors, indicators, and other

relevant information related to each identified problem or defi-

ciency.

‘‘(3) The short-term mitigation strategy the Department

will employ to address each readiness problem or deficiency

until a resolution is in place, as well as the timeline, cost,

and any legislative remedies required to support the resolution.

‘‘(4) A summary of combat readiness ratings for the key

force elements assessed, including specific information on per-

sonnel, supply, equipment, and training problems or deficiencies

that affect the combat readiness ratings for each force element.

‘‘(5) A summary of each upgrade or downgrade of the com-

bat readiness of a unit that was issued by the commander

of the unit, together with the rationale of the commander

for the issuance of such upgrade or downgrade.

‘‘(6) A summary of the readiness of supporting capabilities,

including infrastructure, prepositioned equipment and supplies,

and mobility assets, and other supporting logistics capabilities.

‘‘(7) A summary of the readiness of the combat support

and related agencies, any readiness problem or deficiency

affecting any mission essential tasks of any such agency, and

actions recommended to address any such problem or deficiency.

‘‘(8) A list of all Class A, Class B, and Class C mishaps

that occurred in operations related to combat support and

training events involving aviation, ground, or naval platforms,

weapons, space, or Government vehicles, as defined by Depart-

ment of Defense Instruction 6055.07, or a successor instruction.

‘‘(9) Information on the extent to which units of the armed

forces have removed serviceable parts, supplies, or equipment

from one vehicle, vessel, or aircraft in order to render a different

vehicle, vessel, or aircraft operational.

‘‘(10) Such other information as determined necessary or

appropriate by the Secretary of Defense.’’;

(4) by striking subsections (d) through (h) and subsection

(j);

(5) by redesignating subsection (i) as subsection (e); and

(6) by inserting after subsection (c) the following new sub-

sections (d):

‘‘(d) S

EMI

-A

NNUAL

OINT

ORCE

EADINESS

EVIEW

.—(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

List.

Summary.

Strategy.

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133 STAT. 1327 PUBLIC LAW 116–92—DEC. 20, 2019

the armed forces, the combat support and related agencies, oper-

ational contract support, and the geographic and functional combat-

ant commands to execute their wartime missions based upon their

posture and readiness as of the time the review is conducted.

‘‘(2) The Chairman shall produce the report required under

this subsection using information derived from the quarterly reports

required by subsection (a).

‘‘(3) Each report required by this subsection shall include an

assessment by each commander of a geographic or functional

combatant command of the readiness of the command to conduct

operations in a multidomain battle that integrates ground, sea,

air, space, cyber, and special operations forces.

‘‘(4) The Chairman shall submit to the Secretary of Defense

a copy of each report under this subsection.’’.

LERICAL

MENDMENT

.—The table of sections at the begin-

ning of chapter 23 of such title is amended by striking the item

relating to section 482 and inserting the following new item:

‘‘482. Readiness reports.’’.

SEC. 362. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION

TO DEFENSE READINESS REPORTING SYSTEM STRATEGIC.

Section 358(c) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Public Law 115–232) is

amended by striking ‘‘October 1, 2019’’ and inserting ‘‘October 1,

2020’’.

SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.

(a) I

ENERAL

.—Not later than March 1 of each of 2020,

2021, and 2022, the Secretary of the Navy shall submit to the

Committees on Armed Services of the Senate and House of Rep-

resentatives a report on the Operation and Maintenance, Ship

Depot Maintenance budget sub-activity group.

(b) E

LEMENTS

.—The report required under subsection (a) shall

include each of the following elements:

(1) A breakdown of funding, categorized by class of ship,

requested for ship and submarine maintenance.

(2) A description of how the requested funding, categorized

by class of ship, compares to the identified ship maintenance

requirement.

(3) The amount of funds appropriated for each class of

ship for the preceding fiscal year.

(4) The amount of funds obligated and expended for each

class of ship for each of the three preceding fiscal years.

(5) The cost, categorized by class of ship, of unplanned

growth work for each of the three preceding fiscal years.

SEC. 364. REPORT ON RUNIT DOME.

(a) R

EPORT

EQUIRED

.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of Energy shall submit

to the Committees on Armed Services of the Senate and House

of Representatives a report on the status of the Runit Dome in

the Marshal Islands.

(b) M

ATTERS FOR

NCLUSION

.—The report required by sub-

section (a) shall include each of the following:

(1) A detailed plan to repair the dome to ensure that

it does not have any harmful effects to the local population,

Plan.

Assessments.

10 USC 117 note.

10 USC 480 prec.

Records.

Assessment.

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133 STAT. 1328 PUBLIC LAW 116–92—DEC. 20, 2019

environment, or wildlife, including the projected costs of imple-

menting such plan.

(2) The effects on the environment that the dome has

currently and is projected to have in 5 years, 10 years, and

20 years.

(3) An assessment of the current condition of the outer

constructs of the dome.

(4) An assessment of the current and long-term safety

to local humans posed by the site.

(5) An assessment of how rising sea levels might affect

the dome.

(6) A summary of interactions between the Government

of the United States and the government of the Marshall

Islands about the dome.

ORM OF

EPORT

.—The report required by subsection (a)

shall be submitted in unclassified form and made publicly available.

SEC. 365. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS

OF UNIT RATINGS IN MONTHLY READINESS REPORTING

ON MILITARY UNITS.

(a) I

ENERAL

.—The Chairman of the Joint Chiefs of Staff

shall modify Chairman of the Joint Chiefs of Staff Instruction

(CJCSI) 3401.02B, on Force Readiness Reporting, to prohibit the

commander of a military unit who is responsible for monthly

reporting of the readiness of the unit under the instruction from

making any upgrade of the overall rating of the unit (commonly

referred to as the ‘‘C-rating’’) for such reporting purposes based

in whole or in part on subjective factors.

(b) W

AIVER

.—

(1) I

N GENERAL

.—The modification required by subsection

(a) shall authorize an officer in a general or flag officer grade

in the chain of command of a commander described in that

subsection to waive the prohibition described in that subsection

in connection with readiness reporting on the unit concerned

if the officer considers the waiver appropriate in the cir-

cumstances.

(2) R

EPORTING ON WAIVERS

.—Each report on personnel and

unit readiness submitted to Congress for a calendar year

quarter pursuant to section 482 of title 10, United States Code,

shall include information on each waiver, if any, issued pursu-

ant to paragraph (1) during such calendar year quarter.

SEC. 366. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PRO-

FICIENCY IN READINESS REPORTING SYSTEMS OF

DEPARTMENT OF DEFENSE.

Not later than 90 days after the date of the enactment of

this Act, the Secretary of Defense and the Secretary of each military

department shall include in the Global Readiness and Force

Management Enterprise, for the appropriate billets with relevant

foreign language requirements, measures of foreign language pro-

ficiency as a mandatory element of unit readiness reporting, to

include the Defense Readiness Reporting Systems-Strategic (DRRS-

S) and all other subordinate systems that report readiness data.

10 USC 117 note.

10 USC 482 note.

Public

information.

Summary.

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133 STAT. 1329 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle F—Other Matters

SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING

ROUTES AND MILITARY OPERATIONS AREAS.

Section 183a of title 10, United States Code, is amended—

(1) in subsection (c)(6), in the second sentence—

(A) by striking ‘‘radar or airport surveillance radar

operated’’ and inserting ‘‘radar, airport surveillance radar,

or wide area surveillance over-the-horizon radar operated’’;

and

(B) by inserting ‘‘Any setback for a project pursuant

to the previous sentence shall not be more than what

is determined to be necessary by a technical analysis con-

ducted by the Lincoln Laboratory at the Massachusetts

Institute of Technology or any successor entity.’’ after ‘‘miti-

gation options.’’;

(2) in subsection (d)—

(A) in paragraph (2)(E), by striking ‘‘to a Deputy Sec-

retary of Defense, an Under Secretary of Defense, or a

Principal Deputy Under Secretary of Defense’’ and inserting

‘‘to the Deputy Secretary of Defense, an Under Secretary

of Defense, or a Deputy Under Secretary of Defense’’;

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

and

paragraph (3):

‘‘(3) The governor of a State may recommend to the Secretary

of Defense additional geographical areas of concern within that

State. Any such recommendation shall be submitted for notice and

comment pursuant to paragraph (2)(C).’’;

(3) in subsection (e)(3), by striking ‘‘an under secretary

of defense, or a deputy under secretary of defense’’ and inserting

‘‘an Under Secretary of Defense, or a Deputy Under Secretary

of Defense’’;

(4) in subsection (f), in the first sentence, by striking ‘‘from

an applicant for a project filed with the Secretary of Transpor-

tation pursuant to section 44718 of title 49’’ and inserting

‘‘from an entity requesting a review by the Clearinghouse under

this section’’; and

(5) in subsection (h)—

(A) by redesignating paragraphs (3), (4), (5), (6), and

(7) as paragraphs (4), (5), (6), (7), and (9), respectively;

(B) by inserting after paragraph (2) the following new

paragraph (3):

‘‘(3) The term ‘governor’, with respect to a State, means

the chief executive officer of the State.’’;

(A), by striking ‘‘by the Federal Aviation Administration’’

and inserting ‘‘by the Administrator of the Federal Aviation

Administration’’; and

(D) by inserting after paragraph (7), as redesignated

by subparagraph (A), the following new paragraph:

‘‘(8) The term ‘State’ means the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Common-

wealth of the Northern Mariana Islands, Guam, the United

States Virgin Islands, and American Samoa.’’.

Definition.

Recommenda-

tions.

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133 STAT. 1330 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON

TRANSFER AND ADOPTION OF MILITARY ANIMALS.

(a) T

RANSFER AND

DOPTION

ENERALLY

.—Section 2583 of title

10, United States Code, is amended—

(1) in subsection (a)—

(A) in the subsection heading, by inserting ‘‘T

RANSFER

’’ before ‘‘A

DOPTION

’’; and

(B) by striking ‘‘adoption’’ each place it appears and

inserting ‘‘transfer or adoption’’;

(2) in subsection (b)—

(A) in the subsection heading, by inserting ‘‘T

RANSFER

’’ before ‘‘A

DOPTION

’’; and

(B) in the first sentence, by striking ‘‘adoption’’ and

inserting ‘‘transfer or adoption’’; and

inserting ‘‘transferability or adoptability’’;

(3) in subsection (c)(1)—

(A) in the matter preceding subparagraph (A)—

(i) by inserting ‘‘transfer or’’ before ‘‘adoption’’; and

(ii) by inserting ‘‘, by’’ after ‘‘recommended pri-

ority’’;

(B) in subparagraphs (A) and (B), by inserting ‘‘adop-

tion’’ before ‘‘by’’;

after ‘‘persons’’; and

(D) in subparagraph (C), by striking ‘‘by’’ and inserting

‘‘transfer to’’; and

(4) in subsection (e)—

(A) in the subsection heading, by inserting ‘‘

DOPTED

’’after ‘‘T

RANSFERRED

’’;

(B) in paragraphs (1) and (2), by striking ‘‘transferred’’

each place it appears and inserting ‘‘transferred or

adopted’’; and

it appears and inserting ‘‘transfer or adoption’’.

(b) V

ETERINARY

CREENING AND

ARE FOR

ILITARY

ORKING

OGS TO

ETIRED

.—Such section is further amended—

(1) by redesignating subsections (f), (g), and (h) as sub-

sections (g), (h), and (i), respectively; and

(2) by inserting after subsection (e) the following new sub-

section (f):

‘‘(f) V

ETERINARY

CREENING AND

ARE FOR

ILITARY

ORKING

OGS

ETIRED

.—(1)(A) If the Secretary of the military

department concerned determines that a military working dog

should be retired, such Secretary shall transport the dog to the

Veterinary Treatment Facility at Lackland Air Force Base, Texas.

‘‘(B) In the case of a contract working dog to be retired,

transportation required by subparagraph (A) is satisfied by the

transfer of the dog to the 341st Training Squadron at the end

of the dog’s service life as required by section 2410r of this title

and assignment of the dog to the Veterinary Treatment Facility

referred to in that subparagraph.

‘‘(2)(A) The Secretary of Defense shall ensure that each dog

transported as described in paragraph (1) to the Veterinary Treat-

ment Facility referred to in that paragraph is provided with a

full veterinary screening, and necessary veterinary care (including

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133 STAT. 1331 PUBLIC LAW 116–92—DEC. 20, 2019

surgery for any mental, dental, or stress-related illness), before

transportation of the dog in accordance with subsection (g).

‘‘(B) For purposes of this paragraph, stress-related illness

includes illness in connection with post-traumatic stress, anxiety

that manifests in a physical ailment, obsessive compulsive behavior,

and any other stress-related ailment.

‘‘(3) Transportation is not required under paragraph (1), and

screening and care is not required under paragraph (2), for a

military working dog located outside the United States if the Sec-

retary of the military department concerned determines that

transportation of the dog to the United States would not be in

the best interests of the dog for medical reasons.’’.

OORDINATION OF

CREENING AND

ARE

EQUIREMENTS

ITH

RANSPORTATION

EQUIREMENTS

.—Subsection (g) of such sec-

tion, as redesignated by subsection (b)(1) of this section, is amended

to read as follows:

‘‘(g) T

RANSPORTATION OF

ETIRING

ILITARY

ORKING

OGS

.—

Upon completion of veterinary screening and care for a military

working dog to be retired pursuant to subsection (f), the Secretary

of the military department concerned shall—

‘‘(1) if the dog was at a location outside the United States

immediately prior to transportation for such screening and

care and a United States citizen or member of the armed

forces living abroad agrees to adopt the dog, transport the

dog to such location for adoption; or

‘‘(2) for any other dog, transport the dog—

‘‘(A) to the 341st Training Squadron;

‘‘(B) to another location within the United States for

transfer or adoption under this section.’’.

(d) P

RESERVATION OF

OLICY ON

RANSFER OF

ILITARY

ORKING

OGS TO

NFORCEMENT

GENCIES

.—Subsection (h)

of such section, as so redesignated, is amended in paragraph (3)

by striking ‘‘adoption of military working dogs’’ and all that follows

through the period at the end and inserting ‘‘transfer of military

working dogs to law enforcement agencies before the end of the

dogs’ useful working lives.’’.

(e) C

LARIFICATION OF

ORSES

REATABLE AS

ILITARY

MALS

.—Subsection (i) of such section, as so redesignated, is amended

by striking paragraph (2) and inserting the following new paragraph

(2):

‘‘(2) An equid (horse, mule, or donkey) owned by the Depart-

ment of Defense.’’.

(f) C

ONTRACT

ERM FOR

ONTRACT

ORKING

OGS

.—Section

2410r(a) of title 10, United States Code, is amended—

(1) by inserting ‘‘, and shall contain a contract term,’’ after

‘‘shall require’’;

(2) by inserting ‘‘and assigned for veterinary screening

and care in accordance with section 2583 of this title’’ after

‘‘341st Training Squadron’’; and

(3) by striking ‘‘section 2583 of this title’’ and inserting

‘‘such section’’.

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133 STAT. 1332 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 373. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE

TO USE DEPARTMENT OF DEFENSE REIMBURSEMENT

RATE FOR TRANSPORTATION SERVICES PROVIDED TO

CERTAIN NON-DEPARTMENT OF DEFENSE ENTITIES.

Section 2642(b) of title 10, United States Code, is amended

by striking ‘‘October 1, 2019’’ and inserting ‘‘October 1, 2024’’.

SEC. 374. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPOR-

TATION TO ISSUE NON-PREMIUM AVIATION INSURANCE.

Section 44310(b) of title 49, United States Code, is amended

by striking ‘‘December 31, 2019’’ and inserting ‘‘September 30,

2023’’.

SEC. 375. DEFENSE PERSONAL PROPERTY PROGRAM.

(a) R

EPORT ON

ERSONAL

ROPERTY

ROGRAM

MPROVEMENT

CTION

LAN

.—

(1) I

N GENERAL

.—Not later than 180 days after the date

of the enactment of this Act, the Under Secretary of Defense

for Acquisition and Sustainment and the Under Secretary of

Defense for Personnel and Readiness shall jointly submit to

the congressional defense committees a report on implementa-

tion of the Personal Property Program Improvement Action

Plan that was developed by the Personnel Relocation/Household

Goods Movement Cross-Functional Team.

(2) C

ONTENTS OF REPORT

.—The report required under para-

graph (1) shall include updated information on the efforts of

the Department of Defense to—

(A) integrate permanent-change-of-station orders with

transportation systems;

(B) reduce the number of report dates during peak

moving season;

about orders to all parties involved, including industry;

(D) improve lead time for permanent-change-of-station

orders;

(E) meet quality assurance inspection standards;

(F) improve the claims review process; and

(G) incorporate predictive analytics to anticipate poten-

tially problematic shipments.

(3) B

RIEFING

.—Not later than 180 days after the date of

the enactment of this Act, the Under Secretary of Defense

for Acquisition and Sustainment and the Assistant Secretary

of Defense for Personnel and Readiness shall jointly provide

to the congressional defense committees a briefing on the report

required under this subsection.

(b) B

USINESS

ASE

NALYSIS

.—Not later than 30 days after

the date of the enactment of this Act, the Commander of United

States Transportation Command shall submit to the congressional

defense committees a business case analysis for the proposed award

of a global household goods contract for the defense personal prop-

erty program.

EPORT

.—Not later than 30 days after the date on

which the Commander of United States Transportation Command

submits the business case analysis required by subsection (b), the

Comptroller General of the United States shall submit to the

congressional defense committees a report on a comprehensive study

conducted by the Comptroller General that includes—

Analyses.

Deadline.

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133 STAT. 1333 PUBLIC LAW 116–92—DEC. 20, 2019

(1) an analysis of the effects that the outsourcing of the

management and oversight of the movement of household goods

to a private entity or entities would have on members of the

Armed Forces and their families;

(2) a comprehensive cost-benefit analysis; and

(3) recommendations for changes to the strategy of the

Department of Defense for the defense personal property pro-

gram.

(d) L

IMITATION

.—None of the funds authorized to be appro-

priated by this Act or otherwise made available for the Department

of Defense for fiscal year 2020 may be used to enter into a global

household goods contract until April 1, 2020.

(e) D

EFINITIONS

.—In this section:

(1) The term ‘‘global household goods contract’’ means the

solicitation managed by United States Transportation Com-

mand to engage a private entity to manage the defense personal

property program.

(2) The term ‘‘defense personal property program’’ means

the Department of Defense program used to manage the ship-

ment of the baggage and household effects of members of the

Armed Forces under section 476 of title 37, United States

Code.

SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE

FACILITY.

(a) R

EQUIREMENT

.—At least once every calendar quarter, the

Secretary of the Navy, or the designee of the Secretary, shall

hold an event that is open to the public at which the Secretary

shall provide up-to-date information about the Red Hill Bulk Fuel

Storage Facility.

(b) T

ERMINATION

.—The requirement to hold events under sub-

section (a) shall terminate on the earlier of the following dates:

(1) September 30, 2025.

(2) The date on which the Red Hill Bulk Fuel Storage

Facility ceases operation.

SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS

TRAINING PROGRAM.

It is the sense of Congress that—

(1) the Innovative Readiness Training program is an effec-

tive training program for members of the Armed Forces and

is highly beneficial to civilian-military relationships with local

American communities;

(2) due to the geographic complexities and realities of non-

contiguous States and territories, Innovative Readiness

Training has lent greater benefit to such States and territories

while providing unique and realistic training opportunities and

deployment readiness for members of the Armed Forces;

(3) the Department of Defense should pursue continued

Innovative Readiness Training opportunities, and, where

applicable, strongly encourage the use of Innovative Readiness

Training in non-contiguous States and territories; and

(4) in considering whether to recommend a project, the

Secretary should consider the benefits of the project to the

economy of a region damaged by natural disasters.

Time period.

Effective date.

Recommenda-

tions.

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133 STAT. 1334 PUBLIC LAW 116–92—DEC. 20, 2019

SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DIS-

POSAL.

(a) I

ENERAL

.—The Secretary of the Navy shall purchase

and operate a portable closed detonation chamber and water jet

cutting system to be deployed at a former naval bombardment

area located outside the continental United States that is part

of an active remediation program using amounts made available

for environmental restoration, Navy. Upon a determination by the

Secretary of the Navy that the chamber has completed the mission

of destroying appropriately sized munitions at such former naval

bombardment area, the Secretary may deploy the chamber to

another location.

(b) A

UTHORIZATION OF

PPROPRIATIONS

.—There is authorized

to be appropriated for fiscal year 2020 $10,000,000 to carry out

subsection (a).

TITLE IV—MILITARY PERSONNEL

AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

for operational support.

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

Sec. 416. Modification of authorized strength of Air Force Reserve serving on full-

time reserve component duty for administration of the reserves or the

National Guard.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty

personnel as of September 30, 2020, as follows:

(1) The Army, 480,000.

(2) The Navy, 340,500.

(3) The Marine Corps, 186,200.

(4) The Air Force, 332,800.

SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH

MINIMUM LEVELS.

Section 691(b) of title 10, United States Code, is amended

by striking paragraphs (1) through (4) and inserting the following

new paragraphs:

‘‘(1) For the Army, 480,000.

‘‘(2) For the Navy, 340,500.

‘‘(3) For the Marine Corps, 186,200.

‘‘(4) For the Air Force, 332,800.’’.

Determination.

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133 STAT. 1335 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) I

ENERAL

.—The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of

September 30, 2020, as follows:

(1) The Army National Guard of the United States, 336,000.

(2) The Army Reserve, 189,500.

(3) The Navy Reserve, 59,000.

(4) The Marine Corps Reserve, 38,500.

(5) The Air National Guard of the United States, 107,700.

(6) The Air Force Reserve, 70,100.

(7) The Coast Guard Reserve, 7,000.

(b) E

TRENGTH

EDUCTIONS

.—The end strengths prescribed

by subsection (a) for the Selected Reserve of any reserve component

shall be proportionately reduced by—

(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which

are on active duty (other than for training) at the end of

the fiscal year; and

(2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training

or for unsatisfactory participation in training) without their

consent at the end of the fiscal year.

TRENGTH

NCREASES

.—Whenever units or individual

members of the Selected Reserve of any reserve component are

released from active duty during any fiscal year, the end strength

prescribed for such fiscal year for the Selected Reserve of such

reserve component shall be increased proportionately by the total

authorized strengths of such units and by the total number of

such individual members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-

PORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 2020, the following number of Reserves to be serving

on full-time active duty or full-time duty, in the case of members

of the National Guard, for the purpose of organizing, administering,

recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,595.

(2) The Army Reserve, 16,511.

(3) The Navy Reserve, 10,155.

(4) The Marine Corps Reserve, 2,386.

(5) The Air National Guard of the United States, 22,637.

(6) The Air Force Reserve, 4,431.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL

STATUS).

(a) I

ENERAL

.—The minimum number of military technicians

(dual status) as of the last day of fiscal year 2020 for the reserve

components of the Army and the Air Force (notwithstanding section

129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States,

22,294.

(2) For the Army Reserve, 6,492.

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133 STAT. 1336 PUBLIC LAW 116–92—DEC. 20, 2019

(3) For the Air National Guard of the United States, 13,569.

(4) For the Air Force Reserve, 8,938.

(b) L

IMITATION

.—Under no circumstances may a military

technician (dual status) employed under the authority of this section

be coerced by a State into accepting an offer of realignment or

conversion to any other military status, including as a member

of the Active, Guard, and Reserve program of a reserve component.

If a military technician (dual status) declines to participate in

such realignment or conversion, no further action will be taken

against the individual or the individual’s position.

DJUSTMENT OF

UTHORIZED

TRENGTH

.—

(1) I

N GENERAL

.—If, at the end of fiscal year 2019, the

Air National Guard of the United States does not meet its

full-time support realignment goals for such fiscal year (as

presented in the justification materials of the Department of

Defense in support of the budget of the President for such

fiscal year under section 1105 of title 31, United States Code),

the authorized number of military technicians (dual status)

of the Air National Guard of the United States under subsection

(a)(3) shall be increased by the number equal to the difference

between—

(A) 3,190, which is the number of military technicians

(dual status) positions in the Air National Guard of the

United States sought to be converted to the Active, Guard,

and Reserve program of the Air National Guard during

fiscal year 2019; and

(B) the number of realigned positions achieved in the

Air National Guard by the end of fiscal year 2019.

(2) L

IMITATION

.—The increase under paragraph (1) in the

authorized number of military technician (dual status) positions

described in that paragraph may not exceed 2,292.

(3) D

ECREASE IN AUTHORIZED NUMBER OF ANGUS RESERVES

ON ACTIVE DUTY IN SUPPORT OF THE RESERVES

.—In the event

of an adjustment to the authorized number military technicians

(dual status) of the Air National Guard of the United States

under this subsection, the number of members of the Air

National Guard of the United States authorized by section

412(5) to be on active duty as of September 30, 2020, shall

be decreased by the number equal to the number of such

adjustment.

(d) C

ERTIFICATION

.—Not later than January 1, 2020, the Chief

of the National Guard Bureau shall certify to the Committees

on Armed Services of the Senate and House of Representatives

the number of positions realigned from a military technician (dual

status) position to a position in the Active, Guard, and Reserve

program of a reserve component in fiscal year 2019.

(e) D

EFINITIONS

.—In subsections (b), (c), and (d):

(1) The term ‘‘realigned position’’ means any military

technician (dual status) position which has been converted or

realigned to a position in an Active, Guard, and Reserve pro-

gram of a reserve component under the full time support rebal-

ancing plan of the Armed Force concerned, regardless of

whether such position is encumbered.

(2) The term ‘‘Active, Guard, and Reserve program’’, in

the case of a reserve component, means the program of the

reserve component under which Reserves serve on full-time

active duty or full-time duty, in the case of members of the

Deadline.

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133 STAT. 1337 PUBLIC LAW 116–92—DEC. 20, 2019

National Guard, for the purpose of organizing, administering,

recruiting, instructing, or training such reserve component.

SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED

TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2020, the maximum number of members

of the reserve components of the Armed Forces who may be serving

at any time on full-time operational support duty under section

115(b) of title 10, United States Code, is the following:

(1) The Army National Guard of the United States, 17,000.

(2) The Army Reserve, 13,000.

(3) The Navy Reserve, 6,200.

(4) The Marine Corps Reserve, 3,000.

(5) The Air National Guard of the United States, 16,000.

(6) The Air Force Reserve, 14,000.

SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES

ON ACTIVE DUTY.

(a) O

FFICERS

.—Section 12011(a)(1) of title 10, United States

Code, is amended by striking those parts of the table pertaining

to the Marine Corps Reserve and inserting the following:

‘‘Marine Corps Reserve:

1,000 ................................ 99 63 20

1,200 ................................ 103 67 21

1,300 ................................ 107 70 22

1,400 ................................ 111 73 23

1,500 ................................ 114 76 24

1,600 ................................ 117 79 25

1,700 ................................ 120 82 26

1,800 ................................ 123 85 27

1,900 ................................ 126 88 28

2,000 ................................ 129 91 29

2,100 ................................ 132 94 30

2,200 ................................ 134 97 31

2,300 ................................ 136 100 32

2,400 ................................ 143 105 34

2,500 ................................ 149 109 35

2,600 ................................ 155 113 36

2,700 ................................ 161 118 37

2,800 ................................ 167 122 39

2,900 ................................ 173 126 41

3,000 ................................ 179 130 42’’.

ENIOR

NLISTED

EMBERS

.—Section 12012(a) of title 10,

United States Code, is amended by striking those parts of the

table pertaining to the Marine Corps Reserve and inserting the

following:

‘‘Marine Corps Reserve:

1,100 ........................................................ 50 11

1,200 ........................................................ 55 12

1,300 ........................................................ 60 13

1,400 ........................................................ 65 14

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133 STAT. 1338 PUBLIC LAW 116–92—DEC. 20, 2019

1,500 ........................................................ 70 15

1,600 ........................................................ 75 16

1,700 ........................................................ 80 17

1,800 ........................................................ 85 18

1,900 ........................................................ 89 19

2,000 ........................................................ 93 20

2,100 ........................................................ 96 21

2,200 ........................................................ 99 22

2,300 ........................................................ 101 23

2,400 ........................................................ 106 24

2,500 ........................................................ 112 25

2,600 ........................................................ 116 26

2,700 ........................................................ 121 27

2,800 ........................................................ 125 28

2,900 ........................................................ 130 29

3,000 ........................................................ 134 30’’.

SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE

RESERVE SERVING ON FULL-TIME RESERVE COMPONENT

DUTY FOR ADMINISTRATION OF THE RESERVES OR THE

NATIONAL GUARD.

(a) I

ENERAL

.—The table in section 12011(a)(1) of title 10,

United States Code, is amended by striking the matter relating

to the Air Force Reserve and inserting the following new matter:

‘‘Air Force Reserve

1,000 166 170 100

1,500 245 251 143

2,000 322 330 182

2,500 396 406 216

3,000 467 479 246

3,500 536 550 271

4,000 602 618 292

4,500 665 683 308

5,000 726 746 320

5,500 784 806 325

6,000 840 864 327

7,000 962 990 347

8,000 1,087 1,110 356

10,000 1,322 1,362 395’’.

(b) E

FFECTIVE

ATE

.—The amendment made by subsection (a)

shall take effect on October 1, 2019, and shall apply with respect

to fiscal years beginning on or after that date.

10 USC 12011

note.

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133 STAT. 1339 PUBLIC LAW 116–92—DEC. 20, 2019

Subtitle C—Authorization of

Appropriations

SEC. 421. MILITARY PERSONNEL.

(a) A

UTHORIZATION OF

PPROPRIATIONS

.—Funds are hereby

authorized to be appropriated for fiscal year 2020 for the use

of the Armed Forces and other activities and agencies of the Depart-

ment of Defense for expenses, not otherwise provided for, for mili-

tary personnel, as specified in the funding table in section 4401.

(b) C

ONSTRUCTION OF

UTHORIZATION

.—The authorization of

appropriations in subsection (a) supersedes any other authorization

of appropriations (definite or indefinite) for such purpose for fiscal

year 2020.

TITLE V—MILITARY PERSONNEL

POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Maker of original appointments in a regular or reserve component of com-

missioned officers previously subject to original appointment in other

type of component.

Sec. 502. Furnishing of adverse information on officers to promotion selection

boards.

Sec. 503. Limitation on number of officers recommendable for promotion by pro-

motion selection boards.

Sec. 504. Expansion of authority for continuation on active duty of officers in cer-

tain military specialties and career tracks.

Sec. 505. Management policies for joint qualified officers.

Sec. 506. Modification of authorities on management of deployments of members of

the Armed Forces and related unit operating and personnel tempo mat-

ters.

Sec. 507. Personnel tempo of the Armed Forces and the United States Special Op-

erations Command during periods of inapplicability of high-deployment

limitations.

Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in

general and flag officer grades.

Sec. 509. Higher grade in retirement for officers following reopening of determina-

tion or certification of retired grade.

Sec. 510. Authority of promotion boards to recommend that officers of particular

merit be placed higher on promotion list.

Sec. 510A. Availability on the internet of certain information about officers serving

in general or flag officer grades.

Sec. 510B. Functional badge or insignia upon commission for chaplains.

Subtitle B—Reserve Component Management

Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training

Corps.

Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Offi-

cers’ Training Corps.

Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers’ Training

Corps units.

Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve.

Sec. 515. Extension and periodic evaluation of suicide prevention and resilience

program for the reserve components.

Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical

specialties in the reserve components.

Sec. 517. Modernization of inspection authorities applicable to the National Guard.

Sec. 518. Consultation with Chief of the National Guard Bureau in the appoint-

ment or designation of National Guard property and fiscal officers.

Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps.

Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit va-

cancy promotions by commanders of associated active duty units.

Sec. 520A. Report on methods to enhance domestic response to large scale, complex

and catastrophic disasters.

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133 STAT. 1340 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 520B. Report and briefing on the Senior Reserve Officers’ Training Corps.

Sec. 520C. Sense of Congress on increase in number of Junior Reserve Officers’

Training Corps units.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Advice and counsel of trauma experts in review by boards for correction

of military records and discharge review boards of certain claims.

Sec. 522. Reduction in required number of members of discharge review boards.

Sec. 523. Establishment of process to review a request for upgrade of discharge or

dismissal.

Sec. 524. Prohibition on reduction in the number of personnel assigned to duty

with a service review agency.

Sec. 525. Training of members of boards for correction of military records and dis-

charge review boards on sexual trauma, intimate partner violence,

spousal abuse, and related matters.

Sec. 526. Time requirements for certification of honorable service.

Sec. 527. Correction of certain discharge characterizations.

Sec. 528. Development of guidelines for use of unofficial sources of information to

determine eligibility of members and former members of the Armed

Forces for decorations when the service records are incomplete because

of damage to the official record.

Sec. 529. Strategic plan for diversity and inclusion.

Sec. 530. Study regarding screening individuals who seek to enlist in the Armed

Forces.

Sec. 530A. Feasibility study regarding notification to Secretary of Homeland Secu-

rity of honorable discharges of non-citizens.

Sec. 530B. Sense of Congress regarding accession physicals.

Subtitle D—Military Justice

Sec. 531. Expansion of pre-referral matters reviewable by military judges and mili-

tary magistrates in the interest of efficiency in military justice.

Sec. 532. Command influence.

Sec. 533. Statute of limitations for certain offenses.

Sec. 534. Public access to dockets, filings, and court records of courts-martial or

other records of trial of the military justice system.

Sec. 535. Extension of Defense Advisory Committee on Investigation, Prosecution,

and Defense of Sexual Assault in the Armed Forces.

Sec. 536. Authority for return of personal property to victims of sexual assault who

file a Restricted Report before conclusion of related proceedings.

Sec. 537. Guidelines on sentences for offenses committed under the Uniform Code

of Military Justice.

Sec. 538. Notification of significant events and documentation of preference for

prosecution jurisdiction for victims of sexual assault.

Sec. 539. Increase in number of digital forensic examiners for certain military

criminal investigative organizations.

Sec. 540. Increase in investigative personnel and Victim Witness Assistance Pro-

gram liaisons.

Sec. 540A. Training for sexual assault initial disposition authorities on exercise of

disposition authority for sexual assault and collateral offenses.

Sec. 540B. Training for commanders in the Armed Forces on their role in all stages

of military justice in connection with sexual assault.

Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.

Sec. 540D. Department of Defense-wide policy and military department-specific

programs on reinvigoration of the prevention of sexual assault involving

members of the Armed Forces.

Sec. 540E. Recommendations on separate punitive article in the Uniform Code of

Military Justice on sexual harassment.

Sec. 540F. Report on military justice system involving alternative authority for de-

termining whether to prefer or refer changes for felony offenses under

the Uniform Code of Military Justice.

Sec. 540G. Report on standardization among the military departments in collection

and presentation of information on matters within the military justice

system.

Sec. 540H. Report on expansion of Air Force safe to report policy across the Armed

Forces.

Sec. 540I. Assessment of racial, ethnic, and gender disparities in the military jus-

tice system.

Sec. 540J. Pilot programs on defense investigators in the military justice system.

Sec. 540K. Report on preservation of recourse to restricted report on sexual assault

for victims of sexual assault following certain victim or third-party com-

munications.

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133 STAT. 1341 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 540L. Report on establishment of guardian ad litem program for certain mili-

tary dependents who are a victim or witness of an offense under the

Uniform Code of Military Justice involving abuse or exploitation.

Sec. 540M. Comptroller General of the United States report on implementation by

the Armed Forces of recent statutory requirements on sexual assault

prevention and response in the military.

Sec. 540N. Sense of Congress on the Port Chicago 50.

Subtitle E—Other Legal Matters

Sec. 541. Improvement of certain Special Victims’ Counsel authorities.

Sec. 542. Availability of Special Victims’ Counsel at military installations.

Sec. 543. Notification of issuance of military protective order to civilian law enforce-

ment.

Sec. 544. Copyright protection for civilian faculty of certain accredited institutions.

Sec. 545. Termination of leases of premises and motor vehicles of servicemembers

who incur catastrophic injury or illness or die while in military service.

Sec. 546. Military orders required for termination of leases pursuant to the

Servicemembers Civil Relief Act.

Sec. 547. Preservation of right to bring class action under Servicemembers Civil

Relief Act.

Sec. 548. Legal counsel for victims of alleged domestic violence offenses.

Sec. 549. Notice to victims of alleged sexual assault of pendency of further adminis-

trative action following a determination not to refer to trial by court-

martial.

Sec. 550. Treatment of information in Catch a Serial Offender Program for certain

purposes.

Sec. 550A. Policies and procedures on registration at military installations of civil-

ian protective orders applicable to members of the Armed Forces as-

signed to such installations and certain other individuals.

Sec. 550B. Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 550C. Training for Special Victims’ Counsel on civilian criminal justice mat-

ters in the States of the military installations to which assigned.

Sec. 550D. Enhancing the capability of military criminal investigative organiza-

tions to prevent and combat child sexual exploitation.

Sec. 550E. Feasibility study on establishment of database of military protective or-

ders.

Sec. 550F. GAO review of USERRA and SCRA.

Subtitle F—Member Education

Sec. 551. Authority for detail of certain enlisted members of the Armed Forces as

students at law schools.

Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE Program.

Sec. 553. Degree granting authority for United States Army Armament Graduate

School; limitation on establishment of certain educational institutions.

Sec. 554. Prohibition on off-duty employment for cadets and midshipmen com-

pleting obligated service after graduation.

Sec. 555. Consideration of request for transfer of a cadet or midshipman at a mili-

tary service academy who is the victim of a sexual assault or related of-

fense.

Sec. 556. Redesignation of the Commandant of the United States Air Force Insti-

tute of Technology as the Director and Chancellor of such Institute.

Sec. 557. Eligibility of additional enlisted members for associate degree programs

of the Community College of the Air Force.

Sec. 558. Speech disorders of cadets and midshipmen.

Sec. 559. Requirement to continue provision of tuition assistance for members of

the Armed Forces.

Sec. 560. Information on institutions of higher education participating in the De-

partment of Defense Tuition Assistance Program.

Sec. 560A. Inclusion of information on free credit monitoring in annual financial

literacy briefing.

Sec. 560B. Programs to facilitate the award of private pilot’s certificates.

Subtitle G—Member Training and Transition

Sec. 561. Requirement to provide information regarding benefits claims to members

during TAP counseling.

Sec. 562. Participation of other Federal agencies in the SkillBridge apprenticeship

and internship program for members of the Armed Forces.

Sec. 563. First modification of elements of report on the improved Transition As-

sistance Program.

Sec. 564. Second modification of elements of report on the improved Transition As-

sistance Program.

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133 STAT. 1342 PUBLIC LAW 116–92—DEC. 20, 2019

Sec. 565. Prohibition on gender-segregated training at Marine Corps Recruit De-

pots.

Sec. 566. Assessment of deaths of recruits under the jurisdiction of the Secretaries

of the military departments.

Sec. 567. Review of Department of Defense training programs regarding

disinformation campaigns.

Sec. 568. Command matters in connection with transition assistance programs.

Sec. 569. Machine readability and electronic transferability of Certificate of Release

or Discharge from Active Duty (DD Form 214).

Sec. 570. Records of service for Reserves.

Sec. 570A. Limitations and requirements in connection with separations for mem-

bers of the Armed Forces who suffer from mental health conditions in

connection with a sex-related, intimate partner violence-related, or

spousal-abuse offense.

Sec. 570B. Prohibition on involuntary separation of certain members of the Armed

Forces; consideration of military service in removal determinations.

Sec. 570C. Inclusion of question regarding immigration status on preseparation

counseling checklist (DD Form 2648).

Sec. 570D. Counseling for members of the Armed Forces who are not citizens of the

United States on naturalization in the United States.

Sec. 570E. Pilot program on information sharing between Department of Defense

and designated relatives and friends of members of the Armed Forces

regarding the experiences and challenges of military service.

Sec. 570F. Connections of members retiring or separating from the Armed Forces

with community-based organizations and related entities.

Sec. 570G. Pilot program regarding online application for the Transition Assistance

Program.

Subtitle H—Military Family Readiness and Dependents’ Education

Sec. 571. Authorizing members to take leave for a birth or adoption in more than

one increment.

Sec. 572. Deferred deployment for members who give birth.

Sec. 573. Authority of the Secretary concerned to transport remains of a covered

decedent to no more than two places selected by the person designated

to direct disposition of the remains.

Sec. 574. Military funeral honors matters.

Sec. 575. Improvement of occupational license portability for relocated spouses of

members of the uniformed services.

Sec. 576. Continued eligibility for education and training opportunities for spouses

of promoted members.

Sec. 577. Modification to authority to reimburse for State licensure and certifi-

cation costs of a spouse of a servicemember arising from relocation.

Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11

Educational Assistance Program.

Sec. 579. Annual State report card.

Sec. 580. Improvements to child care for members of the Armed Forces.

Sec. 580A. Transportation of remains of casualties; travel expenses for next of kin.

Sec. 580B. Meetings of officials of the Department of Defense with representative

groups of survivors of deceased members of the Armed Forces.

Sec. 580C. Information and opportunities for registration for voting and absentee

ballot requests for members of the Armed Forces undergoing deploy-

ment overseas.

Sec. 580D. Study on two-way military ballot barcode tracking.

Sec. 580E. Assistance to schools with military dependent students.

Sec. 580F. First expansion of the My Career Advancement Account program for

military spouses.

Sec. 580G. Second expansion of the My Career Advancement Account program for

military spouses.

Sec. 580H. Report on training and support available to military spouses.

Sec. 580I. Ri’katak Guest Student Program at United States Army

Garrison¥Kwajalein Atoll.

Subtitle I—Decorations and Awards

Sec. 581. Modification of authorities on eligibility for and replacement of gold star

lapel buttons.

Sec. 582. Standardization of honorable service requirement for award of military

decorations.

Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy for acts

of valor in Vietnam.

Sec. 584. Review of World War I valor medals.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Clarification of the term ‘‘assault’’ for purposes of Workplace and Gender

Relations Surveys.

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133 STAT. 1343 PUBLIC LAW 116–92—DEC. 20, 2019