Public Law 116-92 — 133 Stat. 1198 — National Defense Authorization Act for Fiscal Year 2020 (Dec. 20, 2019)
Summary
Public Law 116–92, the National Defense Authorization Act for Fiscal Year 2020 (S. 1790), was enacted December 20, 2019 to authorize fiscal year 2020 appropriations for Department of Defense military activities, military construction and Department of Energy defense activities. Its divisions run from Department of Defense authorizations, military construction, Department of Energy and funding tables to Division E, intelligence authorizations for fiscal years 2018, 2019 and 2020, and Division F, other matters. Subtitle D of Title IX establishes the United States Space Force. Division F includes the Caesar Syria Civilian Protection Act of 2019, sanctions on foreign traffickers of illicit synthetic opioids, and the Federal Employee Paid Leave Act, which provides paid parental leave.
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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-
Dec. 20, 2019 ment of Defense, for military construction, and for defense activities of the Depart-
[S. 1790] 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
National Defense the United States of America in Congress assembled,
Authorization
Act for Fiscal SECTION 1. SHORT TITLE.
Year 2020.
This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2020’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into four divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Intelligence Authorizations for Fiscal Years
2018, 2019, and 2020.
(6) Division F—Other Matters.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain limitations re-
lated to the Distributed Common Ground System-Army Increment 1.
Subtitle C—Navy Programs
Sec. 121. Ford-class aircraft carrier cost limitation baselines.
Sec. 122. Modification of annual report on cost targets for certain aircraft carriers.
Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis and U.S.S.
Harry S. Truman.
Sec. 124. Ford class aircraft carrier support for F–35C aircraft.
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Sec. 125. Prohibition on use of funds for reduction of aircraft carrier force struc-
ture.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1199
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.
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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.
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Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1201
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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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
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Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training
Corps.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1203
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
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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.
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Sec. 559. Requirement to continue provision of tuition assistance for members of
the Armed Forces.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1205
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.
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Sec. 580F. First expansion of the My Career Advancement Account program for
military spouses.
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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-
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ices to survivors of members of the Armed Forces who die in combat in
the line of duty.
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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-
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sonnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
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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.
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Sec. 818. Documentation of market research related to commercial item determina-
tions.
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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-
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ees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
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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
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Sec. 911. Codification of Assistant Secretaries for Energy, Installations, and Envi-
ronment of the Army, Navy, and Air Force.
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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.
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Sec. 1038. Use of competitive procedures for CVN–80 and CVN–81 dual aircraft
carrier contract.
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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.
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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.
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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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133 STAT. 1214 PUBLIC LAW 116–92—DEC. 20, 2019
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.
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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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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1215
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
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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.
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Sec. 1634. Quarterly assessments of the readiness of Cyber Mission Forces.
Sec. 1635. Cyber posture review.
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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.
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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.
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Sec. 1715. Report on ground-based long-range artillery to counter land and mari-
time threats.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1219
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.
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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-
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tected aircraft shelters in the European theater without creating a simi-
lar protection from attack.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1221
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.
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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.
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Sec. 3056. Requirements relating to move-in, move-out, and maintenance of
privatized military housing.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1223
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
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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.
PART I—PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
Sec. 3541. Coordination with international organizations.
Sec. 3542. Engagement of diplomatic missions of the United States.
Sec. 3543. Assistance by Federal agencies to improve law enforcement within pri-
ority regions and priority flag states.
Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.
Sec. 3545. Improvement of transparency and traceability programs.
Sec. 3546. Technology programs.
Sec. 3547. Savings clause.
PART II—ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
PART III—COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
Sec. 3561. Finding.
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task Force to
Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
PART IV—AUTHORIZATION OF APPROPRIATIONS
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations.
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Sec. 4203. Research, development, test, and evaluation for emergency require-
ments.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1225
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018,
2019, AND 2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
SUBDIVISION 1—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
Sec. 5100. Table of contents.
TITLE LI—INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII—INTELLIGENCE COMMUNITY MATTERS
Subtitle A—General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by law.
Sec. 5303. Expansion of scope of protections for identities of covert agents.
Sec. 5304. Required counterintelligence assessments, briefings, notifications, and
reports.
Sec. 5305. Inclusion of security risks in program management plans required for
acquisition of major systems in National Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain security and
counterintelligence concerns.
Subtitle B—Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter foreign in-
fluence operations.
Sec. 5324. Transfer of National Intelligence University to the Office of the Director
of National Intelligence.
Subtitle C—Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community over in-
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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.
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Subtitle B—Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of Congress.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1227
Sec. 5722. Task force on illicit financing of espionage and foreign influence oper-
ations.
Sec. 5723. Establishment of fifth-generation technology prize competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain International Mo-
bile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
SUBDIVISION 2—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
Sec. 6100. Table of contents.
TITLE LXI—INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central Intelligence
Agency.
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by law.
Sec. 6303. Modification of special pay authority for science, technology, engineering,
or mathematics positions and addition of special pay authority for cyber
positions.
Sec. 6304. Modification of appointment of Chief Information Officer of the Intel-
ligence Community.
Sec. 6305. Director of National Intelligence review of placement of positions within
the intelligence community on the Executive Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task Force.
Sec. 6307. Consideration of adversarial telecommunications and cybersecurity in-
frastructure when sharing intelligence with foreign governments and
entities.
Sec. 6308. Cyber protection support for the personnel of the intelligence community
in positions highly vulnerable to cyber attack.
Sec. 6309. Elimination of sunset of authority relating to management of supply-
chain risk.
Sec. 6310. Limitations on determinations regarding certain security classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for intelligence
community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of the Office
of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B—Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel assigned to aus-
tere locations.
Sec. 6412. Special rules for certain monthly workers’ compensation payments and
other payments for Central Intelligence Agency personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the Central Intel-
ligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for certain senior
level positions in the Central Intelligence Agency.
Subtitle C—Office of Intelligence and Counterintelligence of Department of Energy
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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
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telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
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Sec. 6717. Modification of certain reporting requirement on travel of foreign dip-
lomats.
Sec. 6718. Semiannual reports on investigations of unauthorized disclosures of clas-
sified information.
Sec. 6719. Congressional notification of designation of covered intelligence officer as
persona non grata.
Sec. 6720. Reports on intelligence community participation in vulnerabilities equi-
ties process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global water insecu-
rity and emerging infectious disease and pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements of in-
telligence community and other entities of the United States Govern-
ment regarding significant operational activities or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline and wireless
telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related pro-
grams.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on senior execu-
tives of the Office of the Director of National Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering permanent resi-
dence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by terrorist actors.
Subtitle C—Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of classified in-
formation.
Sec. 6746. Sense of Congress on consideration of espionage activities when consid-
ering whether or not to provide visas to foreign individuals to be accred-
ited to a United Nations mission in the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
DIVISION F—OTHER MATTERS
TITLE LXXI—SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A—Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
PART I—EXPANSION OF SANCTIONS AND RELATED MATTERS
Sec. 7121. Sanctions with respect to foreign financial institutions that provide fi-
nancial services to certain sanctioned persons.
Sec. 7122. Mandatory designations under North Korea Sanctions and Policy En-
hancement Act of 2016.
Sec. 7123. Extension of applicability period of proliferation prevention sanctions.
Sec. 7124. Opposition to assistance by the international financial institutions.
Sec. 7125. Support for capacity of the International Monetary Fund to prevent
money laundering and financing of terrorism.
Sec. 7126. Report and briefings on compliance, penalties, and technical assistance.
Sec. 7127. Sense of Congress on identification and blocking of property of North Ko-
rean officials.
Sec. 7128. Modification of report on implementation of United Nations Security
Council resolutions by other governments.
Sec. 7129. Report on use by the Government of North Korea of beneficial ownership
rules to access the international financial system.
PART II—CONGRESSIONAL REVIEW AND OVERSIGHT
Sec. 7131. Notification of termination or suspension of sanctions.
Sec. 7132. Reports on certain licensing actions.
Sec. 7133. Report and briefings on financial networks and financial methods of the
Government of North Korea.
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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
PART III—GENERAL MATTERS
Sec. 7141. Rulemaking.
Sec. 7142. Authority to consolidate reports.
Sec. 7143. Waivers, exemptions, and termination.
Sec. 7144. Procedures for review of classified and certain other information.
Sec. 7145. Briefing on resourcing of sanctions programs.
Sec. 7146. Briefing on proliferation financing.
Sec. 7147. Exception relating to importation of goods.
Subtitle B—Financial Industry Guidance to Halt Trafficking
Sec. 7151. Short title.
Sec. 7152. Sense of Congress.
Sec. 7153. Coordination of human trafficking issues by the Office of Terrorism and
Financial Intelligence.
Sec. 7154. Strengthening the role of anti-money laundering and other financial
tools in combating human trafficking.
Sec. 7155. Sense of Congress on resources to combat human trafficking.
TITLE LXXII—SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF
ILLICIT SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A—Sanctions With Respect to Foreign Opioid Traffickers
Sec. 7211. Identification of foreign opioid traffickers.
Sec. 7212. Imposition of sanctions.
Sec. 7213. Description of sanctions.
Sec. 7214. Waivers.
Sec. 7215. Procedures for judicial review of classified information.
Sec. 7216. Briefings on implementation.
Sec. 7217. Inclusion of additional material in International Narcotics Control Strat-
egy Report.
Subtitle B—Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C—Other Matters
Sec. 7231. Director of National Intelligence program on use of intelligence re-
sources in efforts to sanction foreign opioid traffickers.
Sec. 7232. Authorization of appropriations.
Sec. 7233. Regulatory authority.
Sec. 7234. Termination.
Sec. 7235. Exception relating to importation of goods.
TITLE LXXIII—PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A—Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B—PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C—USGS Performance Standard
Sec. 7331. Definitions.
Sec. 7332. Performance standard for the detection of highly fluorinated compounds.
Sec. 7333. Nationwide sampling.
Sec. 7334. Data usage.
Sec. 7335. Collaboration.
Subtitle D—Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on emerging con-
taminants.
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Subtitle E—Toxic Substances Control Act
Sec. 7351. PFAS data call.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1231
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. Definition.
10 USC 101 note.
In this Act, the term ‘‘congressional defense committees’’ has
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the meaning given that term in section 101(a)(16) of title 10, United
States Code.
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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
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Sec. 161. Economic order quantity contracting and buy-to-budget acquisition for F–
35 aircraft program.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1233
Sec. 162. Relief from contractors for failure to deliver ready-for-issue spare parts
for the F–35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of Turkish F–35A air-
craft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software develop-
ment solution as an alternative for Joint Strike Fighter Autonomic Lo-
gistics Information System.
Sec. 165. F–35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F–35 aircraft program.
Sec. 167. Other reports on the F–35 aircraft program.
Sec. 168. Limitation on availability of funds for communications systems lacking
certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link requirement.
Subtitle A—Authorization Of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2020 for procurement for the Army, the Navy and the Marine
Corps, the Air Force, and Defense-wide activities, as specified in
the funding table in section 4101.
Subtitle B—Army Programs
SEC. 111. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE
CERTAIN LIMITATIONS RELATED TO THE DISTRIBUTED
COMMON GROUND SYSTEM-ARMY INCREMENT 1.
Section 113(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2028) is amended
by striking ‘‘Secretary of Defense’’ both places it appears and
inserting ‘‘Secretary of the Army’’.
Subtitle C—Navy Programs
SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASE-
LINES.
(a) IN GENERAL.—Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 8692. Ford-class aircraft carriers: cost limitation baselines 10 USC 8692.
‘‘(a) LIMITATION.—The total amounts obligated or expended
from funds authorized to be appropriated or otherwise made avail-
able for Shipbuilding and Conversion, Navy, or for any other
procurement account, may not exceed the following amounts for
the following aircraft carriers:
‘‘(1) $13,224,000,000 for the construction of the aircraft
carrier designated CVN–78.
‘‘(2) $11,398,000,000 for the construction of the aircraft
carrier designated CVN–79.
‘‘(3) $12,202,000,000 for the construction of the aircraft
carrier designated CVN–80.
‘‘(4) $12,451,000,000 for the construction of the aircraft
carrier designated CVN–81.
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‘‘(b) EXCLUSION OF BATTLE AND INTERIM SPARES FROM COST
LIMITATION.—The Secretary of the Navy shall exclude from the
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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) WRITTEN NOTICE AND BRIEFING ON CHANGE IN AMOUNT.—
Time period. The Secretary of the Navy may adjust an amount listed in sub-
section (a) not fewer than 15 days after submitting written notice
and providing a briefing to the congressional defense committees,
each of which shall include the amount and rationale of any change
and the resulting amount after such change.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
10 USC 8661 ning of chapter 863 of such title is amended by inserting after
prec. the item relating to section 8691 the following new item:
‘‘8692. Ford-class aircraft carriers: cost limitation baselines.’’.
(c) REPEAL OF SUPERSEDED PROVISION.—Section 122 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109–364; 120 Stat. 2104) is repealed.
SEC. 122. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR
CERTAIN AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—
(1) in the subsection heading, by striking ‘‘AND CVN–80’’
and inserting ‘‘, CVN–80, AND CVN–81’’;
(2) in paragraph (1)—
(A) by striking ‘‘2021’’ and inserting ‘‘2032’’; and
(B) by striking ‘‘costs described in subsection (b) for
the CVN–79 and CVN–80’’ and inserting ‘‘cost targets for
the CVN–79, the CVN–80, and the CVN–81’’; and
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘ and the CVN–80’’ and inserting ‘‘, the CVN–
80, and the CVN–81’’
(B) in subparagraph (A), by striking ‘‘costs described
in subsection (b)’’ and inserting ‘‘cost targets’’;
(C) in subparagraph (F), by striking ‘‘costs specified
in subsection (b)’’ and inserting ‘‘cost targets’’; and
(D) in subparagraph (G), by striking ‘‘costs specified
in subsection (b)’’ and inserting ‘‘cost targets’’.
SEC. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN
C. STENNIS AND U.S.S. HARRY S. TRUMAN.
(a) REFUELING AND COMPLEX OVERHAUL.—The Secretary of
the Navy shall carry out the nuclear refueling and complex overhaul
of the U.S.S. John C. Stennis (CVN–74) and U.S.S. Harry S. Truman
(CVN–75).
Time period. (b) USE OF INCREMENTAL FUNDING.—With respect to any con-
tract entered into under subsection (a) for the nuclear refueling
and complex overhauls of the U.S.S. John C. Stennis (CVN–74)
and U.S.S. Harry S. Truman (CVN–75), the Secretary may use
incremental funding for a period not to exceed six years after
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advance procurement funds for such nuclear refueling and complex
overhaul effort are first obligated.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1235
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—Any con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract
for a fiscal year after fiscal year 2020 is subject to the availability
of appropriations for that purpose for that later fiscal year.
SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F–35C AIR-
CRAFT.
Before completing the post-shakedown availability of the Ford
class aircraft carrier designated CVN–79, the Secretary of the Navy
shall ensure that the aircraft carrier is capable of operating and
deploying with the F–35C aircraft.
SEC. 125. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIR-
CRAFT CARRIER FORCE STRUCTURE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the Department
of Defense may be obligated or expended to reduce the number
of operational aircraft carriers of the Navy below the number speci-
fied in section 8062(b) of title 10, United States Code.
SEC. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF
FUNDS FOR NAVY WATERBORNE SECURITY BARRIERS.
Section 130 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232) is amended— 132 Stat. 1665.
(1) in subsection (a) by striking ‘‘for fiscal year 2019 may
be obligated or expended to procure legacy waterborne security
barriers for Navy ports’’ and inserting ‘‘for fiscal year 2019
or fiscal year 2020 may be obligated or expended to procure
legacy waterborne security barriers for Navy ports, including
as replacements for legacy barriers’’;
(2) in subsection (c)(1), by inserting ‘‘of not more than
30 percent’’ after ‘‘replacement’’; and
(3) by adding at the end the following new subsection:
‘‘(d) NOTIFICATION.—Not later than 15 days after an exception Deadline.
is made pursuant to subsection (c)(2), the Secretary of the Navy
shall submit a written notification to the congressional defense
committees that includes—
‘‘(1) the name and position of the government official who
determined exigent circumstances exist;
‘‘(2) a description of the exigent circumstances; and
‘‘(3) a description of how waterborne security will be main-
tained until new waterborne security barriers are procured
and installed.’’.
SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) AUTHORITY TO USE INCREMENTAL FUNDING.—The Secretary
of the Navy may enter into and incrementally fund a contract
for detail design and construction of the LHA replacement ship
designated LHA 9 and, subject to subsection (b), funds for payments
under the contract may be provided from amounts authorized to
be appropriated for the Department of Defense for Shipbuilding
and Conversion, Navy, for fiscal years 2019 through 2025.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
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any subsequent fiscal year is subject to the availability of appropria-
tions for that purpose for such subsequent fiscal year.
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133 STAT. 1236 PUBLIC LAW 116–92—DEC. 20, 2019
(c) REPEAL OF OBSOLETE AUTHORITY.—Section 125 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109–364; 120 Stat. 2106) is repealed.
SEC. 128. STRATEGIC SEALIFT FLEET VESSEL.
Contracts. (a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of the Navy shall seek to enter into a contract for
the construction of one sealift vessel.
Deadline. (b) DELIVERY DATE.—The contract entered into under sub-
section (a) shall specify a delivery date for the sealift vessel of
not later than September 30, 2026.
(c) DESIGN AND CONSTRUCTION REQUIREMENTS.—
(1) USE OF EXISTING DESIGN.—The design of the sealift
vessel shall be based on a domestic or foreign design that
exists as of the date of the enactment of this Act.
(2) COMMERCIAL STANDARDS AND PRACTICES.—Subject to
paragraph (1), the sealift vessel may be constructed using
commercial design standards and commercial construction prac-
tices that are consistent with the best interests of the Federal
Government.
(3) DOMESTIC SHIPYARD.—The sealift vessel shall be con-
structed in a shipyard that is located in the United States.
(d) CERTIFICATE AND ENDORSEMENT.—The sealift vessel shall
meet the requirements necessary to receive a certificate of docu-
mentation and a coastwise endorsement under chapter 121 of tile
46, United States Code, and the Secretary of the Navy shall ensure
that the completed vessel receives such a certificate and endorse-
ment.
(e) EXECUTIVE AGENT.—
Contracts. (1) IN GENERAL.—The Secretary of the Navy may seek
to enter into a contract or other agreement with a private-
sector entity under which the entity may act as executive
agent for the Secretary for purposes of the contract under
subsection (a).
(2) RESPONSIBILITIES.—The executive agent described in
paragraph (1) may be responsible for—
(A) selecting a shipyard for the construction of the
sealift vessel;
(B) managing and overseeing the construction of the
sealift vessel; and
(C) such other matters as the Secretary of the Navy
determines to be appropriate
(f) USE OF INCREMENTAL FUNDING.—With respect to the con-
tract entered into under subsection (a), the Secretary of the Navy
may use incremental funding to make payments under the contract.
(g) SEALIFT VESSEL DEFINED.—In this section, the term ‘‘sealift
vessel’’ means the sealift vessel constructed pursuant to the contract
entered into under subsection (a).
SEC. 129. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT
DOCK DESIGNATED LPD–31.
Contracts. (a) IN GENERAL.—Using funds authorized to be appropriated
Effective date. 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
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construction of the amphibious transport dock designated LPD–
31.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1237
(b) USE OF INCREMENTAL FUNDING.—With respect to the con-
tract entered into under subsection (a), the Secretary may use
incremental funding to make payments under the contract.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—The con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under such contract
for any fiscal year after fiscal year 2020 is subject to the availability
of appropriations for that purpose for such later fiscal year.
SEC. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL
COMBAT SHIP.
(a) LIMITATIONS.—None of the funds authorized to be appro-
priated by this Act for fiscal year 2020 for the Department of
Defense may be used to exceed, and the Department may not
otherwise exceed, the total procurement quantity of thirty-five Lit-
toral Combat Ships, unless the Under Secretary of Defense for
Acquisition and Sustainment submits to the congressional defense
committees the certification described in subsection (b).
(b) CERTIFICATION.—The certification described in this sub-
section is a certification by the Under Secretary that awarding
a contract for the procurement of a Littoral Combat Ship that
exceeds the total procurement quantity listed in revision five of
the Littoral Combat Ship acquisition strategy—
(1) is in the national security interests of the United States;
(2) will not result in exceeding the low-rate initial produc-
tion quantity approved in the Littoral Combat Ship acquisition
strategy in effect as of the date of the certification; and
(3) is necessary to maintain a full and open competition
for the Guided Missile Frigate (FFG(X)) with a single source
award in fiscal year 2020.
SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SUR-
FACE COMBATANTS.
(a) IN GENERAL.—Milestone B approval may not be granted
for the next new class of Navy large surface combatants unless
the class of Navy large surface combatants incorporates prior to
such approval—
(1) design changes identified during the full duration of
the combat system ship qualification trials and operational
test periods of the first Arleigh Burke-class destroyer in the
Flight III configuration to complete such events; and
(2) final results of test programs of engineering develop-
ment models or prototypes for critical systems specified by
the Senior Technical Authority pursuant to section 8669b of
title 10, United States Code, as added by section 1034 of this
Act, in their final form, fit, and function and in a realistic
environment, which shall include a land-based engineering site
for the propulsion system.
(b) LIMITATION.—The Secretary of the Navy may not release Notification.
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
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with the requirements under subsection (a).
(c) DEFINITIONS.—In this section:
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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.
Time period. (a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for
aircraft procurement, Navy, for the CH–53K King Stallion heli-
copter program, not more than 50 percent may be obligated or
expended until a period of 30 days has elapsed following the date
on which the Secretary of the Navy provides the first briefing
required under subsection (b).
(b) QUARTERLY BRIEFINGS REQUIRED.—
Deadline. (1) IN GENERAL.—Beginning not later than 30 days after
the date of the enactment of this Act, and on a quarterly
basis thereafter through the end of fiscal year 2022, the Sec-
retary of the Navy shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a
briefing on the progress of the CH–53K King Stallion helicopter
program.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include, with respect to the CH–53K King Stallion helicopter
program, the following:
(A) An overview of the program schedule.
(B) A statement of the total cost of the program as
of the date of the briefing, including the costs of develop-
ment, testing, and production.
(C) A comparison of the total cost of the program
relative to the approved acquisition program baseline.
Assessment. (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.
Update. (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;
Estimate. (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-
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pated due to the discovery and correction of technical
deficiencies.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1239
SEC. 133. LIMITATION ON AVAILABILITY OF FUNDS FOR VH–92A HELI-
COPTER.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for
procurement for the VH–92A helicopter, not more than 80 percent
may be obligated or expended until the date on which the Secretary
of Navy submits to the Committees on Armed Services of the
Senate and the House of Representatives the report required under
subsection (b).
(b) REPORT REQUIRED.—The Secretary of the Navy shall submit Assessments.
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— Estimates.
(1) estimated effects on the manufacturing readiness level
of the VH–92 program due to potential changes to the program
manufacturing base;
(2) the estimated costs and assessment of cost risk to
the program due to potential changes to the program manufac-
turing base;
(3) any estimated schedule impacts, including impacts on
delivery dates for the remaining low-rate initial production
lots and full rate production, resulting from any changes to
the manufacturing base;
(4) an assessment of the effect of changes to the manufac-
turing base on VH–92A sustainment; and
(5) the impact of such changes on production and
sustainment capacity for the MH–60 and CH–53K helicopters
of the Navy.
SEC. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELE-
MENT COMPOSITION.
(a) IN GENERAL.—Not later than May 1, 2020, the Secretary
of the Navy shall submit to the congressional defense committees
a report on the optimal composition of the carrier air wing (CVW)
on aircraft carriers and aviation combat element (ACE) embarked
on amphibious ships in 2030 and 2040, including alternative force
design concepts.
(b) ELEMENTS.—The report required under subsection (a) shall Analyses.
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 Plan.
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
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interoperability of embarked naval aircraft, including aircraft
arresting gear and launch catapults.
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133 STAT. 1240 PUBLIC LAW 116–92—DEC. 20, 2019
Deadline. (c) BRIEFING.—Not later than March 1, 2020, the Secretary
of the Navy shall provide the congressional defense committees
a briefing on the report required under subsection (a).
Subtitle D—Air Force Programs
SEC. 141. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN
C–5 AIRCRAFT.
Section 141(d) of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended—
(1) in paragraph (1), by striking ‘‘until the date that is
30 days after the date on which the briefing under section
144(b) of the National Defense Authorization Act for Fiscal
Year 2018 is provided to the congressional defense committees’’
and inserting ‘‘until the date that is 30 days after the date
on which the final report and briefing required under section
1712(c)(2) of the National Defense Authorization Act for Fiscal
Year 2020 have each been provided to the congressional defense
committees’’; and
(2) in paragraph (2)(A), by striking ‘‘can be returned to
service’’ and inserting ‘‘is inducted into or maintained in type
1000 recallable storage’’.
SEC. 142. OC–135B AIRCRAFT RECAPITALIZATION PROGRAM.
The Secretary of the Air Force shall ensure that any request
for proposals for the procurement of an OC–135B aircraft under
a recapitalization program for such aircraft meets the requirements
for full and open competition as set forth in section 2304 of title
10, United States Code, and includes, as part of such request
for proposals, consideration of proposals for the provision of new
production aircraft and recently manufactured aircraft.
SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE
STRUCTURE WITH NATIONAL DEFENSE STRATEGY.
Deadline. (a) REQUIRED SUBMISSION OF STRATEGY.—Not later than March
1, 2020, the Secretary of the Air Force shall submit to the congres-
sional defense committees an aviation force structure acquisition
strategy that aligns with the stated capability and capacity require-
ments of the Department of the Air Force to meet the National
Defense Strategy.
Waivers. (b) ALIGNMENT WITH STRATEGY.—The Secretary of the Air Force
may not deviate from the strategy submitted under subsection
(a) until—
Consultation. (1) the Secretary receives a waiver from the Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff; and
Documentation. (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
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may be obligated or expended to reduce the number of KC–10
aircraft in the primary mission aircraft inventory of the Air Force.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1241
SEC. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F–15EX AIR-
CRAFT.
(a) LIMITATION.—Except as provided in subsection (b), none Time period.
of the funds authorized to be appropriated by this Act or otherwise Reports.
Strategies.
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. Estimates.
(3) Test and evaluation strategy.
(4) Logistics strategy.
(5) Post-production fielding strategy.
(b) EXCEPTION FOR LONG-LEAD ITEMS.—
(1) IN GENERAL.—Notwithstanding subsection (a), the Sec-
retary of the Air Force may use the funds described in para-
graph (2) to procure long-lead items for up to six additional
F–15EX aircraft beyond the first two prototypes of such aircraft.
(2) FUNDS DESCRIBED.—The funds described in this para-
graph are funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the Air
Force for any of the following:
(A) Research and development, nonrecurring
engineering.
(B) Aircraft procurement.
(c) F–15EX PROGRAM DEFINED.—In this section, the term ‘‘F–
15EX program’’ means the F–15EX aircraft program of the Air
Force as described in the materials submitted to Congress by the
Secretary of Defense in support of the budget of the President
for fiscal year 2020 (as submitted to Congress under section 1105(a)
of title 21, United States Code).
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC–25B AIR-
CRAFT.
(a) LIMITATION.—Except as provided in subsection (b), none Time period.
of the funds authorized to be appropriated by this Act or otherwise Notification.
made available for fiscal year 2020 or any subsequent fiscal year
for the Air Force may be obligated or expended to carry out over
and above work on the VC–25B aircraft until a period of 30 days
has elapsed following the date on which the Secretary of the Air
Force notifies the congressional defense committees of the intent
of the Secretary to authorize such work.
(b) EXCEPTION.—The limitation under subsection (a) shall not
apply to over and above work carried out—
(1) to repair or replace items damaged during the testing
of the VC–25B aircraft; or
(2) to make changes necessary to meet operational require-
ments.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘operational requirements’’ means any of the
operational requirements for the VC–25B aircraft described
in the capability development document or the system require-
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ments document for the Presidential Aircraft Recapitalization
Program.
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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) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Air Force may be obli-
gated or expended to retire, divest, realign, or place in storage
or on backup aircraft inventory status, or prepare to retire, divest,
realign, or place in storage or backup inventory status, any RC–
26B aircraft until the date on which the Secretary of the Air
Force submits to the congressional defense committees—
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
Determination. (b) EXCEPTION.—The limitation in subsection (a) shall not apply
to individual RC–26B aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishaps or other damage.
(c) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report that
includes the following:
Survey. (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.
Assessment. (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.
Assessment. (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.
Deadline. (d) CERTIFICATION REQUIRED.—Not later than 60 days after
the date on which the Secretary of the Air Force submits the
report required under subsection (c), the Secretary shall certify
to the congressional defense committees—
(1) whether there are requirements for the Air Force to
provide intelligence, surveillance, and reconnaissance support
to other military forces and civil authorities that the Air Force
meets using the RC–26B aircraft; and
(2) whether the Secretary has identified methods of meeting
such requirements that are more effective and more efficient
than meeting such requirements through the use of the RC–
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26B aircraft.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1243
SEC. 148. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF RC–135 AIRCRAFT.
(a) LIMITATION.—Except as provided in subsection (b), none Time period.
of the funds authorized to be appropriated by this Act or otherwise Certification.
made available for fiscal year 2020 for the Air Force may be obli-
gated or expended to retire, or prepare to retire, any RC–135
aircraft until a period of 60 days has elapsed following the date
on which the Secretary of Defense certifies to the congressional
defense committees that—
(1) technologies other than the RC–135 aircraft provide
capacity and capabilities equivalent to the capacity and
capabilities of the RC–135 aircraft; and
(2) the capacity and capabilities of such other technologies
meet the requirements of combatant commanders with respect
to indications and warning, intelligence preparation of the oper-
ational environment, and direct support for kinetic and non-
kinetic operations.
(b) EXCEPTION.—The limitation in subsection (a) shall not apply Determination.
to individual RC–135 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishaps, other damage, or being uneconomical to repair.
SEC. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) it is critical that the Air Force has the capability to
train against an advanced air adversary in order to be prepared
for conflicts against a modern enemy force, and that in order
to have this capability, the Air Force must have access to
an advanced adversary force prior to United States adversaries
fielding a 5th-generation operational capability; and
(2) the Air Force’s plan to use low-rate initial production
F–35As as aggressor aircraft reflects a recognition of the need
to field a modernized aggressor fleet.
(b) REPORT.—
(1) IN GENERAL.—The Secretary of the Air Force may not Plan.
transfer any low-rate initial production F–35 aircraft for use
as aggressor aircraft until the Chief of Staff of the Air Force
submits to the congressional defense committees a comprehen-
sive plan and report on the strategy for modernizing its organic
aggressor fleet.
(2) ELEMENTS.—The report required under paragraph (1) Analyses.
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
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expanding aggressor squadrons currently operating 18 Pri-
mary Assigned Aircraft (PAA) to a level of 24 PAA each.
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133 STAT. 1244 PUBLIC LAW 116–92—DEC. 20, 2019
(C) An analysis of the cost and timelines associated
with modernizing the current Air Force aggressor squad-
rons to include upgrading aircraft radar, infrared search-
and-track systems, radar warning receiver, tactical
datalink, threat-representative jamming pods, and other
upgrades necessary to provide a realistic advanced
adversary threat.
SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER
FIELDING.
(a) SENSE OF CONGRESS.—It is the sense of Congress that,
given delays to Operational Loss Replacement (OLR) program
fielding and the on-time fielding of Combat Rescue Helicopter
(CRH), the Air National Guard should retain additional HH–60G
helicopters at Air National Guard locations to meet their rec-
ommended primary aircraft authorized (PAA) per the Air Force’s
June 2018 report on Air National Guard HH–60 requirements.
(b) REPORT ON FIELDING PLAN.—
(1) IN GENERAL.—Not later than 45 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
on its fielding plan for the CRH program.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) A description of the differences in capabilities
between the HH–60G, OLR, and CRH helicopters.
(B) A description of the costs and risks associated
with changing the CRH fielding plan to reduce or eliminate
inventory shortfalls.
(C) A description of the measures for accelerating the
program available within the current contract.
(D) A description of the operational risks and benefits
associated with fielding the CRH to the active component
first, including—
(i) how the differing fielding plan may affect
deployment schedules;
(ii) what capabilities active-component units
deploying with the CRH will have that reserve compo-
nent units deploying with OLR will not; and
Analysis. (iii) an analysis of the potential costs and benefits
that could result from accelerating CRH fielding to
all units through additional funding in the future years
defense program.
(c) REPORT ON TRAINING PLAN.—
(1) IN GENERAL.—Not later than 45 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
on the plan to sustain training for initial-entry reserve compo-
nent HH–60G pilots once the active component of the Air
Force has received all of its CRH helicopters.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) Projected reserve component aircrew initial HH–
60G/OLR qualification training requirements, by year.
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(B) The number of legacy HH–60G/OLR helicopters
required to continue providing initial HH–60G qualification
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1245
training through the 150th Special Operations Wing at
Kirtland Air Force Base.
(C) The number of personnel required to continue pro-
viding initial HH–60G/OLR qualification training through
the 150th Special Operations Wing at Kirtland Air Force
Base.
(D) The number of flying hours required per pilot to
perform ‘‘differences training’’ at home station for initial
entry HH–60 pilots receiving CRH training at Kirtland
Air Force Base to become qualified in the HH–60G/OLR
at their home station.
(E) The projected effect of using local flying training
hours at reserve component units on overall unit training
readiness and ability to meet Ready Aircrew Program
requirements.
SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR
PROCUREMENT OF JASSM–ER MISSILES.
(a) IN GENERAL.—Not later than March 31, 2020, the Secretary
of the Air Force shall submit a report to the congressional defense
committees assessing the feasibility of entering into a multiyear
contract for procurement of JASSM–ER missiles starting in fiscal
year 2022.
(b) ELEMENTS.—The report required under subsection (a) shall Assessments.
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 Analysis.
options that vary in either duration or quantity, at least one
of which assumes a maximum procurement of 550 missiles
per year for 5 years.
(3) An assessment of how a multiyear contract will impact
the industrial base.
(4) An assessment of how a multiyear contract will impact
the Long Range Anti-Ship Missile.
(5) An assessment of how a multiyear contract will impact
the ability of the Air Force to develop additional capabilities
for the JASSM–ER missile.
SEC. 152. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the congressional defense committees a report on the aircraft
fleet of the Civil Air Patrol.
(b) ELEMENTS.—The report required by subsection (a) shall Assessments.
include an assessment of each of the following:
(1) Whether the number of aircraft, types of aircraft, and
operating locations that comprise the Civil Air Patrol fleet
are suitable for the missions and responsibilities assigned to
the Civil Air Patrol, including—
(A) flight proficiency and training;
(B) operational mission training; and
(C) support for cadet orientation and cadet flight
training programs in the Civil Air Patrol wing of each
State.
(2) The ideal overall size of the Civil Air Patrol aircraft
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fleet, including a description of the factors used to determine
that ideal size.
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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) ECONOMIC ORDER QUANTITY CONTRACT AUTHORITY.—
(1) IN GENERAL.—Subject to paragraphs (2) through (4),
from amounts made available for obligation under the F–35
aircraft program, the Secretary of Defense may enter into one
or more contracts, beginning with the fiscal year 2020 program
year, for the procurement of economic order quantities of mate-
rial and equipment that has completed formal hardware quali-
fication testing for the F–35 aircraft program for use in procure-
ment contracts to be awarded for such program during fiscal
years 2021, 2022, and 2023.
(2) LIMITATION.—The total amount obligated under all con-
tracts entered into under paragraph (1) shall not exceed
$574,000,000.
(3) PRELIMINARY FINDINGS.—Before entering into a contract
under paragraph (1), the Secretary of Defense shall make each
of the following findings with respect to such contract:
(A) The use of such a contract will result in significant
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savings of the total anticipated costs of carrying out the
program through annual contracts.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1247
(B) The minimum need for the property to be procured
is expected to remain substantially unchanged during the
contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(C) There is a reasonable expectation that, throughout
the contemplated contract period, the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(D) That there is a stable, certified, and qualified
design for the property to be procured and that the tech-
nical risks and redesign risks associated with such property
are low.
(E) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of an
economic order quantity contract are realistic.
(F) Entering into the contract will promote the national
security interests of the United States.
(4) CERTIFICATION REQUIREMENT.—The Secretary of Time period.
Defense may not enter into a contract under paragraph (1)
until a period of 30 days has elapsed following the date on
which the Secretary certifies to the congressional defense
committees, in writing, that each of the following conditions
is satisfied:
(A) A sufficient number of end items of the system
being acquired under such contract have been delivered
at or within the most recently available estimates of the
program acquisition unit cost or procurement unit cost
for such system to determine that the estimates of the
unit costs are realistic.
(B) During the fiscal year in which such contract is
to be awarded, sufficient funds will be available to perform
the contract in such fiscal year, and the future-years
defense program submitted to Congress under section 221
of title 10, United States Code, for that fiscal year will
include the funding required to execute the program with-
out cancellation.
(C) The contract is a fixed-price type contract.
(D) The proposed contract provides for production at
not less than minimum economic rates given the existing
tooling and facilities.
(E) The Secretary has determined that each of the Determination.
conditions described in subparagraphs (A) through (F) of
paragraph (3) will be met by such contract and has provided
the basis for such determination to the congressional
defense committees.
(b) BUY-TO-BUDGET ACQUISITION.—Subject to section 2308 of
title 10, United States Code, the Secretary of Defense may procure
a quantity of F–35 aircraft in excess of the quantity authorized
by this Act.
SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER
READY-FOR-ISSUE SPARE PARTS FOR THE F–35 AIRCRAFT
PROGRAM.
(a) REQUIREMENT TO SEEK RELIEF.—Consistent with the
findings and recommendations of the Inspector General of the
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Department of Defense in the report titled ‘‘Audit of F–35 Ready-
For-Issue Spare Parts and Sustainment Performance Incentive
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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) RELIEF DESCRIBED.—The relief sought by the Secretary
of Defense under subsection (a) may include the following:
(1) Specific performance.
(2) Compensation for costs incurred by the Department
of Defense as a result of the contractor’s failure to deliver
compliant ready-for-issue spare parts under the contract.
(3) Any other form of remediation or compensation the
Secretary determines to be appropriate.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed—
(1) to alter the terms of a contract under the F–35 aircraft
program; or
(2) to authorize the Secretary of Defense to seek forms
of relief beyond those otherwise available under law.
SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR REALLOCA-
TION OF TURKISH F–35A AIRCRAFT TO THE UNITED
STATES.
Time period. (a) LIMITATION.—None of the funds authorized to be appro-
Certification. priated by this Act or otherwise made available for fiscal year
2020 for the Air Force may be obligated or expended to procure
a covered F–35A aircraft for the United States Air Force until
a period of 15 days has elapsed following the date on which the
Secretary of Defense certifies to the congressional defense commit-
tees that—
(1) ancillary mission equipment, initial spare parts and
materials, technical data, and publications will be procured
for each covered F–35A aircraft delivered to the Air Force;
and
(2) each such aircraft will be delivered to the Air Force
in a common configuration that may be operated and integrated
within the fleet of F–35A aircraft of the Air Force.
(b) COVERED F–35A AIRCRAFT DEFINED.—In this section, the
term ‘‘covered F–35A aircraft’’ means an F–35A aircraft previously
procured by or on behalf of the Government of the Republic of
Turkey in F–35 production lot 12, 13, or 14.
SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS
SOFTWARE DEVELOPMENT SOLUTION AS AN ALTER-
NATIVE FOR JOINT STRIKE FIGHTER AUTONOMIC LOGIS-
TICS INFORMATION SYSTEM.
(a) COMPETITIVE ANALYSIS.—The Secretary of Defense shall
conduct a competitive analysis of the performance and design
architecture enhancement efforts between the currently fielded
Autonomic logistics Information System, Autonomic Logistics
Information System–Next, and the Department of the Air Force
Agile Development Operations Madhatter initiative efforts,
including system technology transition opportunities and timelines.
Deadline. (c) BRIEFING.—Not later than September 30, 2020, the Sec-
retary of Defense shall provide the congressional defense committees
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a briefing on the findings of the competitive analysis carried out
under subsection (a).
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1249
SEC. 165. F–35 SUSTAINMENT COST.
(a) QUARTERLY UPDATE.—The Under Secretary of Defense for
Acquisition and Sustainment shall include in the quarterly report
required under section 155 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232)—
(1) sustainment cost data related to the F–35 program, Data.
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 Evaluation.
goals developed pursuant to subsection (b) are being achieved.
(b) COST REDUCTION PLAN.—
(1) IN GENERAL.—The Under Secretary of Defense for
Acquisition and Sustainment shall develop and implement a
plan for achieving significant reductions in the costs to operate,
maintain, and sustain the F–35 system.
(2) ELEMENTS.—The plan required under paragraph (1)
shall include the following elements:
(A) Specific changes in the management and execution
of operation and support (O&S) cost elements to engender
continuous and measurable process improvements.
(B) Specific actions the Department will implement
in the near, mid, and long terms to reduce O&S costs.
(C) Firm and achievable timelines for implementing
the specific actions and process changes.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit
to the congressional defense committees a report on the baseline
plan developed pursuant to paragraph (1).
SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE Assessments.
F–35 AIRCRAFT PROGRAM.
(a) F-35 BLOCK 4 AND CONTINUOUS CAPABILITY DEVELOPMENT
AND DELIVERY PROGRAM.—The Secretary of Defense shall include
with the annual report required by section 224(d) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2059) an integrated master schedule and past
performance assessment for each planned phase of the F–35 Block
4 Upgrade and Continuous Capability Development and Delivery
Program.
(b) COMPTROLLER GENERAL REPORTS.—
(1) ANNUAL REPORT REQUIRED.—Not later than 30 days
after the date on which the budget of the President is submitted
to Congress under section 1105(a) of title 31, United States
Code, for each of fiscal years 2021 through 2025, the Comp-
troller General of the United States shall submit to the congres-
sional defense committees a report on the F–35 aircraft pro-
gram.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, with respect to the F–35 aircraft program, the fol-
lowing:
(A) An assessment of the progress of manufacturing
processes improvement under the program.
(B) The progress and results of the F–35 Block 4
Upgrade and Continuous Capability Development and
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Delivery Program and other follow-on modernization
development and testing efforts.
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133 STAT. 1250 PUBLIC LAW 116–92—DEC. 20, 2019
(C) An assessment of the Department’s schedule for
delivering software upgrades in six-month, scheduled incre-
ments.
(D) The progress and results of any other significant
hardware development and fielding efforts necessary for
the F–35 Block 4 Upgrade and Continuous Capability
Development and Delivery Program.
(E) Any other issues the Comptroller General deter-
mines to be appropriate.
(c) F–35 BLOCK 4 DEFINED.—In this section, the term ‘‘F–
35 Block 4 Upgrade and Continuous Capability Development and
Delivery Program’’ means Block 4 capability upgrades for the F–
35 aircraft program as described in the Selected Acquisition Report
for the program submitted to Congress in March 2019, pursuant
to section 2432 of title 10, United States Code.
SEC. 167. OTHER REPORTS ON THE F–35 AIRCRAFT PROGRAM.
(a) REPORT ON F–35 RELIABILITY AND MAINTAINABILITY
METRICS.—The Secretary of Defense shall submit to the congres-
sional defense committees a report on the reliability and maintain-
ability metrics for the F–35 aircraft. The report shall include the
following:
Review. (1) The results of a review and assessment, conducted
Assessment. 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.
Determination. (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.
Certification. (3) A certification that the program office for the F–35
aircraft program has revised the reliability and maintainability
improvement plan for the aircraft—
(A) to identify specific and measurable reliability and
maintainability objectives in the improvement plan guid-
ance; and
(B) to identify and document which projects included
in the improvement plan will achieve the objectives identi-
fied under subparagraph (A).
(b) REPORT ON F–35 BLOCK 4 UPGRADE AND CONTINUOUS CAPA-
BILITY DEVELOPMENT AND DELIVERY PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense shall submit
to the congressional defense committees a report on the F–
35 Block 4 Upgrade and Continuous Capability Development
and Delivery Program. The report shall include the following:
Cost estimate. (A) The results of the independent cost estimate for
the Program conducted by the Director of Cost Assessment
and Program Evaluation.
Plan. (B) An approved test and evaluation master plan that
addresses the adequacy of testing resources, testing aircraft
shortfalls, and testing funding.
Review. (C) A review of the feasibility and schedule of the
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continuous capability development and delivery strategy
for fielding technologies under the Program as conducted
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1251
by the Under Secretary of Defense for Research and
Engineering.
(2) F–35 BLOCK 4 DEFINED.—In this subsection, the term
‘‘F–35 Block 4 Upgrade and Continuous Capability Development
and Delivery Program’’ has the meaning given that term in
section 166.
(c) REPORT ON F–35 AUTONOMIC LOGISTICS INFORMATION
SYSTEM.—The Secretary of Defense shall submit to the congres-
sional defense committees a report on the autonomic logistics
information system of the F–35 aircraft. The report shall include
a description of each of the following:
(1) All shortfalls, capability gaps, and deficiencies in the
system that have been identified as of the date of the enactment
of this Act.
(2) The strategy and performance requirements that will Requirements.
be implemented to improve the system.
(3) The strategy, implementation plan, schedule, and esti- Implementation
mated costs of developing and fielding— plan.
(A) the next generation of the system; or Cost estimates.
(B) future increments of the system.
(d) F-35 LIFE-CYCLE COST ESTIMATES.—
(1) JOINT COST ESTIMATE.—The Secretary of the Air Force
and the Secretary of the Navy shall jointly develop a joint
service cost estimate for the life-cycle costs of the F–35 aircraft
program.
(2) INDEPENDENT COST ESTIMATE.—The Director of Cost
Assessment and Program Evaluation shall develop an inde-
pendent cost estimate for the life-cycle costs of the F–35 aircraft
program.
(e) DEADLINE FOR SUBMITTAL.—The reports required under sub-
sections (a) through (d) shall be submitted to the congressional
defense committees not later than 180 days after the date of the
enactment of this Act.
SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICA-
TIONS SYSTEMS LACKING CERTAIN RESILIENCY FEA-
TURES.
(a) IN GENERAL.—Except as provided under subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Department of Defense
may be obligated or expended for the procurement of a current
or future Department of Defense communications program of record,
and the Department may not otherwise procure a current or future
communications program of record, unless the communications
equipment—
(1) mitigates geolocation of a transmission that would allow
a like echelon enemy force to target the user;
(2) securely communicates classified information in a con-
tested communications environment that includes operationally
representative jamming;
(3) reduces, within two years of continued development Deadline.
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
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(4) utilizes a waveform that is either made available
through the Department of Defense Waveform Information
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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.
Certification. (b) WAIVER.—The Secretary of a military department may waive
the requirement under subsection (a) with respect to a communica-
tions system upon certifying to the congressional defense commit-
tees that the system’s intended use is not for contested environ-
ments or will meet the requirement when operated as a component
of an integrated network.
SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA
LINK REQUIREMENT.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than February 1, 2020, the
Under Secretary of Defense for Acquisition and Sustainment
shall submit to the congressional defense committees a report
on the status of the Common Data Link program and plans
to meet new and emerging manned and unmanned intelligence,
surveillance, and reconnaissance (ISR) vehicle secure and inter-
operable communication requirements.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) A description of each Common Data Link (CDL)
waveform in use and which platforms or systems utilize
each CDL waveform.
List. (B) A list of manned and unmanned ISR platforms
Assessment. or systems in development requiring networked, secure,
low latency communications, and an assessment of the
suitability of CDL to meet the requirements of each planned
program.
(C) A description of in-progress or planned technology
development efforts to address networking requirements
for manned and unmanned ISR systems operating in con-
tested and denied environments.
(b) REPEAL.—Section 157 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1667)
is hereby repealed.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of members of
Armed Forces for careers in science, technology, engineering, and math-
ematics.
Sec. 212. Updates to the Department of Defense personnel management authority
to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense Innovation
Unit.
Sec. 214. Research and educational programs and activities for Historically Black
Colleges and Universities and Minority-Serving Institutions of Higher
Education.
Sec. 215. Modification of authority for prizes for advanced technology achievements.
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Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1253
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) PROGRAM REQUIRED.—Chapter 111 of title 10, United States
Code, is amended by inserting after section 2192a the following
new section:
10 USC 2192b. ‘‘§ 2192b. Program on enhancement of preparation of depend-
ents of members of armed forces for careers in
science, technology, engineering, and mathe-
matics
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry
out a program to—
‘‘(1) enhance the preparation of students at covered schools
for careers in science, technology, engineering, and mathe-
matics; and
‘‘(2) provide assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
‘‘(b) COORDINATION.—In carrying out the program, the Secretary
shall coordinate with the following:
‘‘(1) The Secretaries of the military departments.
‘‘(2) The Secretary of Education.
‘‘(3) The National Science Foundation.
‘‘(4) Other organizations as the Secretary of Defense con-
siders appropriate.
‘‘(c) ACTIVITIES.—Activities under the program may include the
following:
‘‘(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other tech-
nical centers for students and teachers at covered schools.
‘‘(2) Establishment of scholarships and fellowships for stu-
dents at covered schools.
‘‘(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational
and training opportunities for students and teachers at covered
schools, including with respect to improving the development
of curricula at covered schools.
‘‘(4) Development of travel opportunities, demonstrations,
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mentoring programs, and informal science education for stu-
dents and teachers at covered schools.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1255
‘‘(d) METRICS.—The Secretary shall establish outcome-based Assessments.
metrics and internal and external assessments to evaluate the Evaluation.
merits and benefits of activities conducted under the program with
respect to the needs of the Department of Defense.
‘‘(e) COVERED SCHOOLS DEFINED.—In this section, the term
‘covered schools’ means elementary or secondary schools at which
the Secretary determines a significant number of dependents of
members of the armed forces are enrolled.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 10 USC 2191
to section 2192a the following new item: prec.
‘‘2192b. Program on enhancement of preparation of dependents of members of armed
forces for careers in science, technology, engineering, and mathematics.’’.
(c) CONFORMING REPEAL.—Section 233 of the Carl Levin and
Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note)
is repealed.
SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.
(a) IN GENERAL.—Subsection (a) of section 1599h of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(6) JOINT ARTIFICIAL INTELLIGENCE CENTER.—The Director
of the Joint Artificial Intelligence Center may carry out a
program of personnel management authority provided in sub-
section (b) in order to facilitate recruitment of eminent experts
in science or engineering for the Center. The authority to Termination
carry out the program under this paragraph shall terminate date.
on December 31, 2024.’’.
(b) SCOPE OF APPOINTMENT AUTHORITY.—Subsection (b)(1) of
such section is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by adding ‘‘and’’ at the end; and
(3) by adding at the end the following new subparagraph:
‘‘(F) in the case of the Joint Artificial Intelligence
Center, appoint scientists and engineers to a total of not
more than 5 scientific and engineering positions in the
Center;’’.
(c) EXTENSION OF TERMS OF APPOINTMENT.—Subsection (c)(2)
of such section is amended by striking ‘‘or the Defense Innovation
Unit Experimental’’ and inserting ‘‘the Defense Innovation Unit,
or the Joint Artificial Intelligence Center’’.
(d) UPDATE TO ORGANIZATIONAL NAME.—Such section is further
amended—
(1) in subsection (a)(5)—
(A) in the subsection heading by striking ‘‘DIUX’’ and
inserting ‘‘DIU’’; and
(B) by striking ‘‘Experimental’’; and
(2) in subsection (b)(1)(E), by striking ‘‘Experimental’’.
SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE
DEFENSE INNOVATION UNIT.
(a) IN GENERAL.—
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(1) ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE
DEFENSE INNOVATION UNIT.—Chapter 139 of title 10, United
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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:
10 USC 2358b. ‘‘§ 2358b. Joint reserve detachment of the Defense Innovation
Unit
Consultation. ‘‘(a) ESTABLISHMENT.—The Secretary of Defense, in consultation
with the Secretaries of the military departments, may establish
a joint reserve detachment (referred to in this section as the ‘Detach-
ment’) composed of members of the reserve components described
in subsection (b) to be assigned to each office of the Defense Innova-
tion Unit to—
‘‘(1) support engagement and collaboration with private-
sector industry and the community surrounding the location
of such office; and
‘‘(2) to accelerate the use and adoption of commercially-
developed technologies for national security purposes.
‘‘(b) MEMBERS.—Each Secretary of a military department shall
select for the Detachment, and make efforts to retain, members
of the reserve components who possess relevant private-sector
experience in the fields of business, acquisition, intelligence,
engineering, technology transfer, science, mathematics, program
management, logistics, cybersecurity, or such other fields as deter-
mined by the Under Secretary of Defense for Research and
Engineering.
‘‘(c) DUTIES.—The Detachment shall have the following duties:
‘‘(1) Providing the Department of Defense with—
‘‘(A) expertise on and analysis of commercially-devel-
oped technologies;
‘‘(B) commercially-developed technologies to be used
as alternatives for technologies in use by the Department;
and
‘‘(C) opportunities for greater engagement and
collaboration between the Department and private-sector
industry on innovative technologies.
‘‘(2) On an ongoing basis—
‘‘(A) partnering with the military departments, the
combatant commands, and other Department of Defense
organizations to—
‘‘(i) identify and rapidly prototype commercially-
developed technologies; and
‘‘(ii) use alternative contracting mechanisms to pro-
cure such technologies;
‘‘(B) increasing awareness of—
‘‘(i) the work of the Defense Innovation Unit; and
‘‘(ii) the technology requirements of the Depart-
ment of Defense as identified in the National Defense
Science and Technology Strategy developed under sec-
tion 218 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law
115–232; 132 Stat. 1679); and
‘‘(C) using the investment in research and development
made by private-sector industry in assessing and devel-
oping dual-use technologies.
‘‘(3) Carrying out other activities as directed by the Under
Secretary of Defense for Research and Engineering.
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‘‘(d) JOINT DUTY.—Assignment to a Detachment shall not
qualify as a joint duty assignment, as defined in section 668(b)(1)
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1257
of title 10, United States Code, unless approved by the Secretary
of Defense.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the 10 USC 2351
item relating to section 2358a the following new item: prec.
‘‘2358b. Joint reserve detachment of the Defense Innovation Unit.’’.
(b) IMPLEMENTATION REPORT.—Not later than 120 days after Consultation.
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- Organizational
lishing the joint reserve detachment required under section plan.
Cost estimates.
2358b of title 10, United States Code (as added by subsection
(a)); and
(2) a timeline specifying when such detachment will attain Timeline.
initial operational capability and full operational capability,
respectively.
SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES
FOR HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND MINORITY-SERVING INSTITUTIONS OF HIGHER EDU-
CATION.
Section 2362 of title 10, United States Code, is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new sub-
section:
‘‘(d) INCENTIVES.—The Secretary of Defense may develop incen-
tives to encourage research and educational collaborations between
covered educational institutions and other institutions of higher
education.’’.
SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(a) of title 10, United States Code, is amended
by striking ‘‘Assistant Secretary of Defense for Research and
Engineering’’ and inserting ‘‘Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Acquisition and Sustainment,’’.
SEC. 216. JOINT HYPERSONICS TRANSITION OFFICE.
Section 218 of the John Warner National Defense Authorization
Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358
note) is amended—
(1) in subsection (a), by striking ‘‘the program required
under subsection (b), and shall’’ and inserting ‘‘the program
and activities described in subsections (b) through (f), and
shall’’;
(2) by redesignating subsections (c) through (e) as sub-
sections (d) through (f), respectively;
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) UNIVERSITY EXPERTISE.—
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‘‘(1) ARRANGEMENT WITH INSTITUTIONS OF HIGHER EDU-
CATION.—Using the authority specified in section 217 of the
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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) AVAILABILITY OF INFORMATION.—The Office shall
ensure that the results of any research and reports produced
pursuant to an arrangement under paragraph (1) are made
available to the Federal Government, the private sector, aca-
demia, and international partners consistent with appropriate
security classification guidance.’’;
(4) in subsection (d), as so redesignated—
(A) in paragraph (4), by striking the comma before
the period; and
(B) in paragraph (5), by striking ‘‘certified under sub-
section (e) as being consistent with the roadmap under
subsection (d)’’ and inserting ‘‘certified under subsection
(f) as being consistent with the roadmap under subsection
(e)’’;
(5) in subsection (e), as so redesignated, by adding at
the end the following new paragraph:
‘‘(4) SUBMITTAL TO CONGRESS.—
Deadline. ‘‘(A) INITIAL SUBMISSION.—Not later than 180 days
after the date of the enactment of this paragraph, the
Secretary of Defense shall submit to the congressional
defense committees the most recent roadmap developed
under paragraph (1).
‘‘(B) SUBSEQUENT SUBMISSIONS.—The Secretary of
Defense shall submit to the congressional defense commit-
tees each roadmap revised under paragraph (1) together
with the budget submitted to Congress under section 1105
of title 31, United States Code, for the fiscal year con-
cerned.’’; and
(6) in subsection (f), as so redesignated—
(A) by striking ‘‘subsection (d)’’ each place it appears
and inserting ‘‘subsection (e)’’; and
(B) in paragraph (3), by striking ‘‘2016’’ and inserting
‘‘2026’’.
SEC. 217. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZA-
TION PROGRAM.
(a) EXTENSION OF PROGRAM.—Section 1603(g) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113–
66; 10 U.S.C. 2359 note) is amended by striking ‘‘2019’’ and inserting
‘‘2024’’.
(b) ADDITIONAL IMPROVEMENTS.—Section 1603 of such Act, as
amended by subsection (a), is further amended—
(1) in the section heading, by inserting ‘‘OF DUAL-USE TECH-
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NOLOGY’’ after ‘‘COMMERCIALIZATION’’;
(2) in subsection (a)—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1259
(A) by inserting ‘‘of Dual-Use Technology’’ after
‘‘Commercialization’’; and
(B) by inserting ‘‘with a focus on priority defense tech-
nology areas that attract public and private sector funding,
as well as private sector investment capital, including from
venture capital firms in the United States,’’ before ‘‘in
accordance’’;
(3) in subsection (c)(4)(A)(iv), by inserting ‘‘, which may
include access to venture capital’’ after ‘‘award’’;
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d);
(6) by inserting after subsection (d), as so redesignated,
the following new subsection (e):
‘‘(e) AUTHORITIES.—In carrying out this section, the Secretary
may use the following authorities:
‘‘(1) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
‘‘(2) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
‘‘(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
‘‘(4) Section 2474 of such title, relating to Centers of Indus-
trial and Technical Excellence.
‘‘(5) Section 2521 of such title, relating to the Manufac-
turing Technology Program.
‘‘(6) Section 225 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359
note).
‘‘(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C.
2505 note), relating to a pilot program on strengthening manu-
facturing in the defense industrial base.
‘‘(8) Section 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title
31, United States Code, relating to cooperative research and
development agreements.’’.
(7) by striking subsection (f); and
(8) by redesignating subsection (g) as subsection (f).
SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF TECH-
NOLOGY AREAS FOR EXPEDITED ACCESS TO TECHNICAL
TALENT.
(a) MODIFICATION OF AUTHORITY.—Subsection (a)(1) of section Deadline.
217 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115–91; 10 U.S.C. 2358 note) is amended by
striking ‘‘The Secretary of Defense shall, acting through the secre-
taries of the military departments, establish’’ and inserting ‘‘Not
later than 180 days after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, the Secretary of
Defense shall direct the secretaries of the military departments
to establish’’.
(b) ADDITIONAL TECHNOLOGY AREAS.—Subsection (e) of such
section is amended—
(1) by redesignating paragraph (27) as paragraph (30);
and
(2) by inserting after paragraph (26) the following new
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paragraph (27):
‘‘(27) Rapid prototyping.
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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’’;
Consultations. (2) in subsection (c)—
(A) in paragraph (2), by striking ‘‘quantum sciences;’’
and inserting ‘‘quantum information sciences, including
through consultation with—
‘‘(A) the National Quantum Coordination Office;
‘‘(B) the subcommittee on Quantum Information
Science of the National Science and Technology Council;
‘‘(C) other organizations and elements of the Depart-
ment of Defense;
‘‘(D) other Federal agencies; and
‘‘(E) appropriate private sector organizations;’’;
(B) by redesignating paragraphs (3) and (4) as para-
graphs (6) and (7), respectively;
(C) by inserting after paragraph (2), the following new
paragraphs:
Plans. ‘‘(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
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level of quantum information science technologies under
development in the United States;’’;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1261
(D) in paragraph (6), as so redesignated, by striking
‘‘quantum science’’ and inserting ‘‘quantum information
science’’; and
(E) in paragraph (7), as so redesignated, by striking
‘‘for meeting the long-term challenges and achieving the
specific technical goals’’ and inserting ‘‘for carrying out
the program under subsection (a)’’;
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting afer subsection (c) the following new sub-
section (d):
‘‘(d) QUANTUM INFORMATION SCIENCE RESEARCH CENTERS.—
The Secretary of each military department may establish or des-
ignate a defense laboratory or establish activities to engage with
appropriate public and private sector organizations, including aca-
demic organizations, to enhance and accelerate the research,
development, and deployment of quantum information sciences and
quantum information science-enabled technologies and systems. The
Secretary of Defense shall ensure that not less than one such
laboratory or center is established or designated.’’; and
(5) in paragraph (2) of subsection (e), as so redesignated—
(A) in subparagraph (A), by inserting ‘‘information’’
before ‘‘sciences’’;
(B) in subparagraph (B),
(i) by inserting ‘‘information’’ before ‘‘sciences’’; and
(ii) by inserting ‘‘, including a discussion of likely
impacts of quantum information science and technology
on military capabilities’’ before the period at the end;
(C) in subparagraph (C), by inserting ‘‘information’’
before ‘‘sciences’’;
(D) by redesignating subparagraph (E) as subpara-
graph (F); and
(E) by striking subparagraph (D) and inserting the
following new subparagraphs:
‘‘(D) A description of the activities carried out in accord-
ance with this section, including, for each such activity—
‘‘(i) a roadmap for the activity;
‘‘(ii) a summary of the funding provided for the Summary.
activity; and
‘‘(iii) an estimated timeline for the development Timeline.
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 Requirements.
engagement with allied countries; and
‘‘(ii) a plan for security-cleared government and Plan.
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 10 USC 2358
amended— note.
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(1) in clause (i), by striking ‘‘; and’’ and inserting a semi-
colon;
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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) ONGOING ENGAGEMENT OF CERTAIN SCIENTIFIC ADVISORY
PERSONNEL.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
engage the members of the independent, private scientific
advisory group known as ‘‘JASON’’ as advisory personnel to
provide advice, on an ongoing basis, on matters involving
science, technology, and national security, including methods
to defeat existential and technologically-amplified threats to
national security.
(2) AVAILABILITY TO OTHER FEDERAL AGENCIES.—At the
request of a Federal agency outside the Department of Defense,
the Secretary of Defense shall seek to make personnel engaged
under paragraph (1) available to such agency for the purpose
of providing advice to the agency on the matters described
in such subsection.
(b) ARRANGEMENT FOR CONDUCT OF NATIONAL SECURITY
STUDIES AND ANALYSIS.—
(1) IN GENERAL.—Pursuant to subsection (a), the Secretary
of Defense, acting through the Under Secretary of Defense
for Acquisition and Sustainment, shall seek to enter into an
arrangement under which JASON may provide national secu-
rity research studies and other analyses to the Department
of Defense and other Federal agencies to meet mission require-
ments and agency needs.
(2) FORM OF ARRANGEMENT.—The arrangement entered into
under paragraph (1) shall be in a form the Under Secretary
of Defense for Acquisition and Sustainment determines to be
appropriate for the Department of Defense, which may include
a contract, a grant, a cooperative agreement, the use of other
transaction authority under section 2371 of title 10, United
States Code, or another such arrangement.
Deadline. (3) TIMING OF ARRANGEMENT.—The Secretary of Defense
shall seek to enter into the arrangement under paragraph
(1) not later than 120 days after the date of the enactment
of this Act.
(4) TERMS OF ARRANGEMENT.—The arrangement entered
into under paragraph (1) shall—
Reimbursement. (A) if specifically negotiated as part of the arrange-
ment, provide for the Department of Defense to reimburse
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the entity supporting JASON for all or a portion of the
overhead costs incurred in support of the arrangement;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1263
(B) allow Federal Government entities outside the
Department of Defense with responsibilities relating to
national security to seek to engage JASON to perform
individual studies relating to national security matters as
part of the arrangement; and
(C) require that a Federal agency that engages JASON
to perform a study under the arrangement will fully fund
such study, including a proportional percentage to the total
overhead costs incurred under the arrangement.
(5) LIMITATION ON TERMINATION.—
(A) IN GENERAL.—The Secretary of Defense may not Time period.
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 Notification.
of the intent of the Secretary to terminate the arrange-
ment; and
(ii) submits the report required under subpara-
graph (B).
(B) REPORT REQUIRED.—
(i) IN GENERAL.—If the Secretary of Defense deter- Determination.
mines that the arrangement under paragraph (1)
should be terminated, the Secretary shall submit to
the congressional defense committees a report on the
proposed termination of the arrangement.
(ii) ELEMENTS.—The report required under clause Time periods.
(i) shall include the following:
(I) A summary of the execution of research Summary.
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 Cost analysis.
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 Timeline.
or termination of the activities, functions, and
expertise provided by JASON under the arrange-
ment.
(IV) An assessment of the impact that the Assessment.
termination of the arrangement with JASON will Mitigation plan.
have on defense research studies and analytical
capabilities, including a mitigation plan that
identifies where alternative and comparable sci-
entific advice and expertise is available and a
comparison of the costs associated with each alter-
native.
(iii) FORM OF REPORT.—The report required under
clause (i) may be submitted in unclassified or classified
form.
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(6) ANNUAL SUMMARY REPORT.—Not later than March 1 Summaries.
of each year beginning after the date of the enactment of
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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.
10 USC 2358 SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECH-
note. NOLOGY PROGRAM.
(a) PROGRAM REQUIRED.—
Coordination. (1) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretary of Homeland Security, the Secretary of
Energy, and the heads of such other Federal agencies as the
Secretary of Defense considers appropriate, shall carry out a
program on research, development, testing, evaluation, study,
and demonstration of technologies related to blue carbon cap-
ture and direct air capture.
(2) PROGRAM GOALS.—The goals of the program established
under paragraph (1) are as follows:
(A) To develop technologies that capture carbon dioxide
from seawater and the air to turn such carbon dioxide
into clean fuels to enhance fuel and energy security.
(B) To develop and demonstrate technologies that cap-
ture carbon dioxide from seawater and the air to reuse
such carbon dioxide to create products for military uses.
(C) To develop direct air capture technologies for use—
(i) at military installations or facilities of the
Department of Defense; or
(ii) in modes of transportation by the Navy or
the Coast Guard.
(3) PHASES.—The program established under paragraph
(1) shall be carried out in two phases as follows:
(A) The first phase shall consist of research and
development and shall be carried out as described in sub-
section (b).
Evaluation. (B) The second phase shall consist of testing and
Determination. evaluation and shall be carried out as described in sub-
section (c), if the Secretary determines that the results
of the research and development phase justify imple-
menting the testing and evaluation phase.
(4) DESIGNATION.—The program established under para-
graph (1) shall be known as the ‘‘Direct Air Capture and Blue
Carbon Removal Technology Program’’ (in this section referred
to as the ‘‘Program’’).
(b) RESEARCH AND DEVELOPMENT PHASE.—
(1) IN GENERAL.—During the research and development
phase of the Program, the Secretary of Defense shall conduct
research and development in pursuit of the goals set forth
in subsection (a)(2).
Study. (2) DIRECT AIR CAPTURE.—The research and development
Evaluation. 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—
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(A) at military installations or facilities of the Depart-
ment of Defense; or
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1265
(B) in modes of transportation by the Navy or the
Coast Guard.
(3) COMMENCEMENT.—The Secretary shall commence car- Deadline.
rying out the research and development phase of the Program
not later than 90 days after the date of the enactment of
this Act.
(4) GRANTS AUTHORIZED.—The Secretary may carry out
the research and development phase of the Program through
the award of grants to private persons and eligible laboratories.
(5) REPORT REQUIRED.—Not later than 180 days after the
date of the completion of the research and development phase
of the Program, the Secretary shall submit to Congress a report
on the research and development carried out under the Pro-
gram.
(c) TESTING AND EVALUATION PHASE.—
(1) IN GENERAL.—During the testing and evaluation phase
of the Program, the Secretary shall, in pursuit of the goals
set forth in subsection (a)(2), conduct tests and evaluations
of the technologies researched and developed during the
research and development phase of the Program.
(2) DIRECT AIR CAPTURE.—The testing and evaluation phase
of the Program may include demonstration projects for direct
air capture to produce fuels for use—
(A) at military installations or facilities of the Depart-
ment of Defense; or
(B) in modes of transportation by the Navy or the
Coast Guard.
(3) COMMENCEMENT.—Subject to subsection (a)(3)(B), the
Secretary shall commence carrying out the testing and evalua-
tion phase of the Program on the date of the completion of
the research and development phase described in subsection
(b), except that the testing and evaluation phase of the Program
with respect to direct air capture may commence at such time
after a front end engineering and design study demonstrates
to the Secretary that commencement of such phase is appro-
priate.
(4) GRANTS AUTHORIZED.—The Secretary may carry out
the testing and evaluation phase of the Program through the
award of grants to private persons and eligible laboratories.
(5) LOCATIONS.—The Secretary shall carry out the testing
and evaluation phase of the Program at military installations
or facilities of the Department of Defense.
(6) REPORT REQUIRED.—Not later than September 30, 2026,
the Secretary shall submit to Congress a report on the findings
of the Secretary with respect to the effectiveness of the tech-
nologies tested and evaluated under the Program.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘blue carbon capture’’ means the removal
of dissolved carbon dioxide from seawater through engineered
or inorganic processes, including filters, membranes, or phase
change systems.
(2)(A) The term ‘‘direct air capture’’, with respect to a
facility, technology, or system, means that the facility, tech-
nology, or system uses carbon capture equipment to capture
carbon dioxide directly from the air.
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(B) The term ‘‘direct air capture’’ does not include any
facility, technology, or system that captures carbon dioxide—
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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);
(C) the Major Range and Test Facility Base (as defined
in section 2358a(f) of title 10, United States Code); or
(D) any other facility that supports the research,
development, test, and evaluation activities of the Depart-
ment of Defense or the Department of Energy.
10 USC 2302 SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND
note. SERVICES MEET TRUSTED SUPPLY CHAIN AND OPER-
ATIONAL SECURITY STANDARDS.
Deadline. (a) PURCHASES.—To protect the United States from intellectual
property theft and to ensure national security and public safety
in the application of new generations of wireless network technology
and microelectronics, beginning no later than January 1, 2023,
the Secretary of Defense shall ensure that each microelectronics
product or service that the Department of Defense purchases on
or after such date meets the applicable trusted supply chain and
operational security standards established pursuant to subsection
(b), except in a case in which the Department seeks to purchase
a microelectronics product or service but—
(1) no such product or service is available for purchase
that meets such standards; or
(2) no such product or service is available for purchase
that—
(A) meets such standards; and
(B) is available at a price that the Secretary does
not consider prohibitively expensive.
(b) TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STAND-
ARDS.—
Deadline. (1) STANDARDS REQUIRED.—(A) Not later than January 1,
2021, the Secretary shall establish trusted supply chain and
operational security standards for the purchase of microelec-
tronics products and services by the Department.
(B) For purposes of this section, a trusted supply chain
and operational security standard—
(i) is a standard that systematizes best practices rel-
evant to—
(I) manufacturing location;
(II) company ownership;
(III) workforce composition;
(IV) access during manufacturing, suppliers’
design, sourcing, manufacturing, packaging, and dis-
tribution processes;
(V) reliability of the supply chain; and
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(VI) other matters germane to supply chain and
operational security; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1267
(ii) is not a military standard (also known as ‘‘MIL-
STD’’) or a military specification (also known as ‘‘MIL-
SPEC’’) for microelectronics that—
(I) specifies individual features for Department of
Defense microelectronics; or
(II) otherwise inhibits the acquisition by the
Department of securely manufactured, commercially-
available products.
(2) CONSULTATION REQUIRED.—In developing standards
under paragraph (1), the Secretary shall consult with the fol-
lowing:
(A) The Secretary of Homeland Security, the Secretary
of State, the Secretary of Commerce, and the Director
of the National Institute of Standards and Technology.
(B) Suppliers of microelectronics products and services
from the United States and allies and partners of the
United States.
(C) Representatives of major United States industry
sectors that rely on a trusted supply chain and the oper-
ational security of microelectronics products and services.
(D) Representatives of the United States insurance
industry.
(3) TIERS OF TRUST AND LEVELS OF SECURITY AUTHORIZED.—
In carrying out paragraph (1), the Secretary may establish
tiers and levels of trust and security within the supply chain
and operational security standards for microelectronics products
and services.
(4) GENERAL APPLICABILITY.—The standards established
pursuant to paragraph (1) shall be, to the greatest extent
practicable, generally applicable to the trusted supply chain
and operational security needs and use cases of the United
States Government and commercial industry, such that the
standards could be widely adopted by government agencies,
commercial industry, and allies and partners of the United
States as the basis for procuring microelectronics products and
services.
(5) ANNUAL REVIEW.—Not later than October 1 of each Deadlines.
year, the Secretary shall, in consultation with persons and Consultation.
entities set forth under paragraph (2), review the standards Updates.
established pursuant to paragraph (1) and issue updates or
modifications as the Secretary considers necessary or appro-
priate.
(c) ENSURING ABILITY TO SELL COMMERCIALLY.—
(1) IN GENERAL.—The Secretary shall, to the greatest extent
practicable, ensure that suppliers of microelectronics products
and services for the Department of Defense subject to subsection
(a) are able and incentivized to sell products commercially
and to governments of allies and partners of the United States
that are produced on the same production lines as the microelec-
tronics products supplied to the Department of Defense.
(2) EFFECT OF REQUIREMENTS AND ACQUISITIONS.—The Sec-
retary shall, to the greatest extent practicable, ensure that
the requirements of the Department and the acquisition by
the Department of microelectronics enable the success of a
dual-use microelectronics industry.
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(d) MAINTAINING COMPETITION AND INNOVATION.—The Sec-
retary shall take such actions as the Secretary considers necessary
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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.
Deadline. (a) STRATEGY REQUIRED.—Not later than March 1, 2020, the
Chief of Staff of the Air Force, the Chief of Naval Operations,
and the Chief of Staff of the Army shall jointly submit to the
congressional defense committees a joint development and acquisi-
tion strategy to procure a secure, low probability of detection data
link network capability, with the ability to effectively operate in
hostile jamming environments while preserving the low observ-
ability characteristics of the relevant platforms, including both
existing and planned platforms.
(b) NETWORK CHARACTERISTICS.—The data link network capa-
bility to be procured pursuant to the development and acquisition
strategy submitted under subsection (a) shall—
(1) ensure that any network made with such capability
will be low risk and affordable, with minimal impact or change
to existing host platforms and minimal overall integration costs;
(2) use a non-proprietary and open systems approach
compatible with the Rapid Capabilities Office Open Mission
Systems initiative of the Air Force, the Future Airborne Capa-
bility Environment initiative of the Navy, and the Modular
Open Systems Architecture initiative of the Army; and
(3) provide for an architecture to connect, with operation-
ally relevant throughput and latency—
(A) fifth-generation combat aircraft;
(B) fifth-generation and fourth-generation combat air-
craft;
(C) fifth-generation and fourth-generation combat air-
craft and appropriate support aircraft and other network
nodes for command, control, communications, intelligence,
surveillance, and reconnaissance purposes; and
(D) fifth-generation and fourth-generation combat air-
craft and their associated network-enabled precision
weapons.
Time period. (c) LIMITATION.—Of the funds authorized to be appropriated
by this Act for fiscal year 2020 for operation and maintenance
for the Office of the Secretary of the Air Force, for operation
and maintenance for the Office of the Secretary of the Navy, and
for operations and maintenance for the Office of the Secretary
of the Army, not more than 50 percent may be obligated or expended
until the date that is 15 days after the date on which the Chief
of Staff of the Air Force, the Chief of Naval Operations, and the
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Chief of Staff of the Army, respectively, submit the development
and acquisition strategy required by subsection (a).
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1269
SEC. 226. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS 10 USC 2223a
NETWORK (5G) INFRASTRUCTURE FOR THE NEVADA TEST note.
AND TRAINING RANGE AND BASE INFRASTRUCTURE.
(a) ESTABLISHMENT REQUIRED.—Not later than one year after Deadline.
the date of the enactment of this Act, the Secretary of Defense
shall establish secure fifth-generation wireless network components
and capabilities at no fewer than two Department of Defense
installations in accordance with this section.
(b) INSTALLATIONS.—
(1) LOCATIONS.—The Secretary shall establish components
and capabilities under subsection (a) at the following:
(A) The Nevada Test and Training Range, which shall
serve as a Major Range and Test Facility Base (MRTFB)
for fifth-generation wireless networking.
(B) Such Department installations or other installa-
tions as the Secretary considers appropriate for the purpose
set forth in paragraph (2).
(2) PURPOSE.—The purpose of the establishment of compo-
nents and capabilities under subsection (a) at the locations
described in paragraph (1) of this subsection is to demonstrate
the following:
(A) The potential military utility of high bandwidth,
scalable, and low latency fifth-generation wireless net-
working technology.
(B) Advanced security technology that is applicable
to fifth-generation networks as well as legacy Department
command and control networks.
(C) Secure interoperability with fixed and wireless sys-
tems (legacy and future systems).
(D) Enhancements such as spectrum and waveform
diversity, frequency hopping and spreading, and beam
forming for military requirements.
(E) Technology for dynamic network slicing for specific
use cases and applications requiring varying levels of
latency, scale, and throughput.
(F) Technology for dynamic spectrum sharing and net-
work isolation.
(G) Base infrastructure installation of high bandwidth,
scalable, and low latency fifth-generation wireless net-
working technology.
(H) Applications for secure fifth-generation wireless
network capabilities for the Department, such as the fol-
lowing:
(i) Interactive augmented reality or synthetic
training environments.
(ii) Internet of things devices.
(iii) Autonomous systems.
(iv) Advanced manufacturing through the fol-
lowing:
(I) Department-sponsored centers for manufac-
turing innovation (as defined in section 34(c) of
the National Institute of Standards and Tech-
nology Act (15 U.S.C. 278s(c))).
(II) Department research and development
organizations.
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(III) Manufacturers in the defense industrial
base of the United States.
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133 STAT. 1270 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 2521 SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION
note. INSTITUTES FUNDED BY THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—The Secretary of Defense shall make such
changes to the administration of covered institutes so as—
(1) to encourage covered institutes to leverage existing
workforce development programs across the Federal Govern-
ment and State governments in order to build successful
workforce development programs;
Evaluation. (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;
Updates. (3) to allow metrics to vary between covered institutes
Evaluation. and be updated and evaluated continuously in order to more
accurately evaluate covered institutes with different goals and
missions;
(4) to encourage covered institutes to consider developing
technologies that were previously funded by Federal Govern-
ment investment for early-stage research and development and
expand cross-government coordination and collaboration to
achieve this goal;
(5) to provide an opportunity for increased Department
of Defense input and oversight from senior-level military and
civilian personnel on future technology roadmaps produced by
covered institutes;
(6) to reduce the barriers to collaboration between and
among multiple covered institutes;
(7) to use contracting vehicles that can increase flexibility,
reduce barriers for contracting with subject-matter experts and
small and medium enterprises, enhance partnerships between
covered institutes, and reduce the time to award contracts
at covered institutes; and
(8) to overcome barriers to the adoption of manufacturing
processes and technologies developed by the covered institutes
by the defense and commercial industrial base, particularly
small and medium enterprises, by engaging with public and
private sector partnerships and appropriate government pro-
grams and activities, including the Hollings Manufacturing
Extension Partnership.
(b) COORDINATION WITH OTHER ACTIVITIES.—The Secretary
shall carry out this section in coordination with activities under-
taken under—
(1) the Manufacturing Technology Program established
under section 2521 of title 10, United States Code;
(2) the Manufacturing Engineering Education Program
established under section 2196 of such title;
(3) the Defense Manufacturing Community Support Pro-
gram established under section 846 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232);
(4) manufacturing initiatives of the Secretary of Commerce,
the head of the National Office of the Manufacturing USA
Network, the Secretary of Energy, and such other government
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and private sector organizations as the Secretary of Defense
considers appropriate; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1271
(5) such other activities as the Secretary considers appro-
priate.
(c) DEFINITION OF COVERED INSTITUTE.—In this section, the
term ‘‘covered institute’’ means a manufacturing innovation
institute that is funded by the Department of Defense.
SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE 10 USC 2358
OPERATIONS. note.
(a) PROGRAM AUTHORIZED.—The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, may carry out a research program on foreign malign
influence operations as part of the university research programs
of the Department of Defense.
(b) PROGRAM OBJECTIVES.—The objectives of a research pro-
gram carried out under subsection (a) should include the following:
(1) Enhance the understanding of foreign malign influence
operations, including activities conducted on social media plat-
forms.
(2) Facilitate the analysis of publicly available or volun-
tarily provided indicators of foreign malign influence operations.
(3) Promote collaborative research and information
exchange with relevant entities within the Department of
Defense and with other agencies or nongovernmental organiza-
tions relating to foreign malign influence operations, as appro-
priate.
(c) NOTICE TO CONGRESS.—Not later than 30 days before initi- Deadline.
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 Cost estimate.
(3) any other matters the Secretary determines to be rel-
evant.
SEC. 229. DIVERSIFICATION OF THE RESEARCH AND ENGINEERING 10 USC 2358
WORKFORCE OF THE DEPARTMENT OF DEFENSE. note.
(a) ASSESSMENT REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense, acting through Consultation.
the Under Secretary of Defense for Research and Engineering
and in consultation with the Under Secretary of Defense for
Personnel and Readiness, shall conduct an assessment of crit-
ical skillsets required across, and the diversity of, the research
and engineering workforce of the Department of Defense,
including the science and technology reinvention laboratories,
to support emerging and future warfighter technologies.
(2) ELEMENTS.—The assessment required by paragraph (1) Analyses.
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 Time period.
engineering workforce of the Department in the five years
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preceding the date of the assessment, the percentage of
such individuals who are women and minorities.
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133 STAT. 1272 PUBLIC LAW 116–92—DEC. 20, 2019
(C) The effectiveness of existing hiring, recruitment,
and retention incentives for women and minorities in the
research and engineering workforce of the Department.
(D) The effectiveness of the Department in recruiting
women and minorities into the laboratory workforce after
such individuals complete work on Department-funded
research, projects, grant projects, fellowships, and STEM
programs.
(E) The geographical diversity of the workforce across
various geographic regions.
(b) PLAN REQUIRED.—
Consultation. (1) IN GENERAL.—Based on the results of the assessment
conducted under subsection (a), the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering and in consultation with the Secretaries of the
military departments, shall develop and implement a plan to
diversify and strengthen the research and engineering
workforce of the Department of Defense.
(2) ELEMENTS.—The plan required by paragraph (1) shall—
(A) align with science and technology strategy priorities
of the Department of Defense, including the emerging and
future warfighter technology requirements identified by the
Department;
(B) except as provided in subsection (c)(2), set forth
steps for the implementation of each recommendation
included in the 2013 report of the RAND corporation titled
‘‘First Steps Toward Improving DoD STEM Workforce
Diversity’’;
(C) harness the full range of the Department’s STEM
programs and other Department sponsored programs to
develop and attract top talent;
(D) use existing authorities to attract and retain stu-
dents, academics, and other talent;
(E) establish and use contracts, agreements, or other
arrangements with institutions of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)), including historically black colleges
and universities and other minority-serving institutions (as
described in section 371(a) of such Act (20 U.S.C. 1067q(a))
to enable easy and efficient access to research and
researchers for Government sponsored basic and applied
research and studies at each institution, including con-
tracts, agreements, and other authorized arrangements
such as those authorized under—
(i) section 217 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91;
10 U.S.C. 2358 note); and
(ii) such other authorities as the Secretary deter-
mines to be appropriate; and
Recommenda- (F) include recommendations for changes in authori-
tions. ties, regulations, policies, or any other relevant areas that
would support the achievement of the goals set forth in
the plan.
Reports. (3) SUBMITTAL TO CONGRESS.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
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shall submit to the congressional defense committees a report
that includes—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1273
(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 Summary.
to implement the recommendation; and
(ii) a schedule, with specific milestones, for com- Schedule.
pleting the implementation of the recommendation.
(c) DEADLINE FOR IMPLEMENTATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act the Secretary of Defense shall carry out activities to imple-
ment the plan developed under subsection (b).
(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN REC-
OMMENDATIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary of
Defense may commence implementation of a recommenda-
tion described in subsection (b)(2)(B) after the date specified
in paragraph (1) if the Secretary provides the congressional
defense committees with a specific justification for the delay
in implementation of such recommendation on or before
such date.
(B) NONIMPLEMENTATION.—The Secretary of Defense
may opt not to implement a recommendation described
in subsection (b)(2)(B) if the Secretary provides to the
congressional defense committees, on or before the date
specified in paragraph (1)—
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of the alternative actions the Sec- Summary.
retary plans to take to address the issues underlying
the recommendation.
(d) STEM DEFINED.—In this section, the term ‘‘STEM’’ means
science, technology, engineering, and mathematics.
SEC. 230. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPER- 10 USC 501 note
TISE AND SOFTWARE PROFESSIONALS. prec.
Deadlines.
(a) POLICY.—
(1) IN GENERAL.—It shall be a policy of the Department
of Defense to promote and maintain digital expertise and soft-
ware development as core competencies of civilian and military
workforces of the Department, and as a capability to support
the National Defense Strategy, which policy shall be achieved
by—
(A) the recruitment, development, and incentivization
of retention in and to the civilian and military workforce
of the Department of individuals with aptitude, experience,
proficient expertise, or a combination thereof in digital
expertise and software development;
(B) at the discretion of the Secretaries of the military
departments, the development and maintenance of civilian
and military career tracks related to digital expertise, and
related digital competencies for members of the Armed
Forces, including the development and maintenance of
training, education, talent management, incentives, and
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promotion policies in support of members at all levels of
such career tracks; and
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133 STAT. 1274 PUBLIC LAW 116–92—DEC. 20, 2019
(C) the development and application of appropriate
readiness standards and metrics to measure and report
on the overall capability, capacity, utilization, and readi-
ness of digital engineering professionals to develop and
deliver operational capabilities and employ modern busi-
ness practices.
(2) DIGITAL ENGINEERING DEFINED.—For purposes of this
section, the term ‘‘digital engineering’’ means the discipline
and set of skills involved in the creation, processing, trans-
mission, integration, and storage of digital data, including data
science, machine learning, software engineering, software
product management, and artificial intelligence product
management.
(b) IMPLEMENTATION PLAN.—Not later than May 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a plan
that describes how the Department of Defense will execute the
policy described in subsection (a).
(c) RESPONSIBILITY.—
(1) APPOINTMENT OF OFFICER.—Not later than 270 days
after the date of enactment of this Act, the Secretary of Defense
may appoint a civilian official responsible for the development
and implementation of the policy and implementation plan
set forth in subsections (a) and (b), respectively. The official
shall be known as the ‘‘Chief Digital Engineering Recruitment
and Management Officer of the Department of Defense’’.
(2) EXPIRATION OF APPOINTMENT.—The appointment of the
Officer under paragraph (1) shall expire on September 30,
2024.
10 USC 2223a SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING
note. AND EVALUATION.
(a) DIGITAL ENGINEERING CAPABILITY.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a digital engineering capability to be used—
(A) for the development and deployment of digital
engineering models for use in the defense acquisition
process; and
(B) to provide testing infrastructure and software to
support automated approaches for testing, evaluation, and
deployment throughout the defense acquisition process.
(2) REQUIREMENTS.—The capability developed under sub-
section (a) shall meet the following requirements:
(A) The capability will be accessible to, and useable
by, individuals throughout the Department of Defense who
have responsibilities relating to capability design, develop-
ment, testing, evaluation, and operation.
(B) The capability will provide for the development,
validation, use, curation, and maintenance of technically
accurate digital systems, models of systems, subsystems,
and their components, at the appropriate level of fidelity
to ensure that test activities adequately simulate the
environment in which a system will be deployed.
(C) The capability will include software to automate
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testing throughout the program life cycle, including to sat-
isfy developmental test requirements and operational test
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1275
requirements. Such software may be developed in accord-
ance with the authorities provided under section 800, and
shall support—
(i) security testing that includes vulnerability scan-
ning and penetration testing performed by individuals,
including threat-based red team exploitations and
assessments with zero-trust assumptions; and
(ii) high-confidence distribution of software to the
field on a time-bound, repeatable, frequent, and
iterative basis.
(b) DEMONSTRATION ACTIVITIES.—
(1) IN GENERAL.—In developing the capability required
under subsection (a), the Secretary of Defense shall carry out
activities to demonstrate digital engineering approaches to
automated testing that—
(A) enable continuous software development and
delivery;
(B) satisfy developmental test requirements for the
software-intensive programs of the Department of Defense;
and
(C) satisfy operational test and evaluation require-
ments for such programs.
(2) PROGRAM SELECTION.—Not later than 180 days after Deadline.
the date of the enactment of this Act, the Secretary of Defense Assessment.
shall assess and select not fewer than four and not more than
ten programs of the Department of Defense to participate in
the demonstration activities under paragraph (1), including—
(A) at least one program participating in the pilot
program authorized under section 873 of the National
Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91; 10 U.S.C. 2223a note);
(B) at least one program participating in the pilot
program authorized under section 874 of such Act (Public
Law 115–91; 10 U.S.C. 2302 note);
(C) at least one major defense acquisition program
(as defined in section 2430 of title 10, United States Code);
(D) at least one command and control program;
(E) at least one defense business system (as defined
in section 2222(i) of title 10, United States Code); and
(F) at least one program from each military service.
(3) ADDITIONAL REQUIREMENTS.—As part of the demonstra-
tion activities under paragraph (1), the Secretary shall—
(A) conduct a comparative analysis that assesses the Analysis.
risks and benefits of the digital engineering supported auto-
mated testing approaches of the programs participating
in the demonstration activities relative to traditional
testing approaches that are not supported by digital
engineering;
(B) ensure that the intellectual property strategy for
each of the programs participating in the demonstration
activities is best aligned to meet the goals of the program;
and
(C) develop a workforce and infrastructure plan to Plan.
support any new policies and guidance implemented in
connection with the demonstration activities, including any
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policies and guidance implemented after the completion
of such activities.
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133 STAT. 1276 PUBLIC LAW 116–92—DEC. 20, 2019
Deadline. (c) POLICIES AND GUIDANCE REQUIRED.—Not later than one
year after the date of the enactment of this Act, based on the
results of the demonstration activities carried out under subsection
(b), the Secretary of Defense shall issue or modify policies and
guidance to—
(1) promote the use of digital engineering capabilities for
development and for automated testing; and
(2) address roles, responsibilities, and procedures relating
to such capabilities.
(d) STEERING COMMITTEE.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) MEMBERSHIP.—The steering committee shall be com-
posed of the following members or their designees:
(A) The Under Secretary of Defense for Research and
Engineering.
(B) The Under Secretary of Defense for Acquisition
and Sustainment.
(C) The Chief Information Officer.
(D) The Director of Operational Test and Evaluation.
(E) The Director of Cost Assessment and Program
Evaluation.
(F) The Service Acquisition Executives.
(G) The Service testing commands.
(H) The Director of the Defense Digital Service.
(e) REPORTS REQUIRED.—
(1) IMPLEMENTATION.—Not later than March 15, 2020, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the Secretary in imple-
menting subsections (a) through (c). The report shall include
an explanation of how the results of the demonstration activities
carried out under subsection (b) will be incorporated into the
policy and guidance required under subsection (c), particularly
the policy and guidance of the members of the steering com-
mittee established under subsection (d).
Deadline. (2) LEGISLATIVE RECOMMENDATIONS.—Not later than
Briefing. 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).
Deadlines. (f) INDEPENDENT ASSESSMENT.—
(1) IN GENERAL.—Not later than March 15, 2021, the
Defense Innovation Board and the Defense Science Board shall
jointly complete an independent assessment of the progress
of the Secretary in implementing subsections (a) through (c).
The Secretary of Defense shall ensure that the Defense Innova-
tion Board and the Defense Science Board have access to the
resources, data, and information necessary to complete the
assessment.
(2) INFORMATION TO CONGRESS.—Not later than 30 days
after the date on which the assessment under paragraph (1)
is completed, the Defense Innovation Board and the Defense
Science Board shall jointly provide to the congressional defense
committees—
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Reports. (A) a report summarizing the assessment; and
Briefing. (B) a briefing on the findings of the assessment.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1277
SEC. 232. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING 10 USC 2358
TECHNOLOGY DEVELOPMENT. note.
(a) ALIGNMENT OF POLICY AND TECHNOLOGICAL DEVELOP-
MENT.—Not later than 180 days after the date of the enactment Deadline.
of this Act, the Secretary of Defense shall establish a process
to ensure that the policies of the Department of Defense relating
to emerging technology are formulated and updated continuously
as such technology is developed by the Department.
(b) ELEMENTS.—As part of the process established under sub-
section (a), the Secretary shall—
(1) specify the role of each covered official in ensuring
that the formulation of policies relating to emerging technology
is carried out concurrently with the development of such tech-
nology; and
(2) incorporate procedures for the continuous legal review Procedures.
of—
(A) weapons and other defense systems that incor-
porate or use emerging technology; and
(B) treaties that may be affected by such technology.
(c) BRIEFING REQUIRED.—Not later than 30 days after the date Deadline.
on which the Secretary of Defense establishes the process required
under subsection (a), the Secretary shall provide to the congres-
sional defense committees a briefing on such process.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered official’’ means the following:
(A) The Chairman of the Joint Chiefs of Staff.
(B) The Under Secretary of Defense for Research and
Engineering.
(C) The Under Secretary of Defense for Acquisition
and Sustainment.
(D) The Under Secretary of Defense for Policy.
(E) The commanders of combatant commands with
responsibilities involving the use of weapons or other
defense systems that incorporate or use emerging tech-
nology, as determined by the Secretary of Defense.
(F) The Secretaries of the military departments.
(2) The term ‘‘emerging technology’’ means technology
determined to be in an emerging phase of development by
the Secretary of Defense, including quantum computing, tech-
nology for the analysis of large and diverse sets of data (com-
monly known as ‘‘big data analytics’’), artificial intelligence,
autonomous technology, robotics, directed energy, hypersonics,
biotechnology, and such other technology as may be identified
by the Secretary.
SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE 10 USC 132 note.
OF THE DEPARTMENT OF DEFENSE.
(a) ORGANIZATION.—
(1) AUTHORITY OF DEPUTY SECRETARY OF DEFENSE.—The
Deputy Secretary of Defense shall exercise authority and direc-
tion over the Strategic Capabilities Office of the Department
of Defense (referred to in this section as the ‘‘Office’’).
(2) AUTHORITY OF DIRECTOR.—The Director of the Office
shall report directly to the Deputy Secretary of Defense.
(3) DELEGATION.—In exercising authority and direction over
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the Office under subsection (a), the Deputy Secretary of Defense
may delegate administrative, management, and other duties
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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) CROSS-FUNCTIONAL TEAMS.—
Deadline. (1) ESTABLISHMENT.—Not later than 180 days after the
date of enactment of this Act, the Deputy Secretary of Defense
shall establish the following cross-functional teams to improve
the effectiveness of the Office:
(A) A transition cross-functional team to improve the
efficiency and effectiveness with which the programs of
the Office may be transitioned into—
(i) research and development programs of the mili-
tary services and other agencies of the Department
of Defense; and
(ii) programs of such services and agencies in oper-
ational use.
(B) A technical cross functional team to improve the
continuous technical assessment and review of the pro-
grams of the Office during program selection and execution.
(2) MEMBERSHIP.—The Deputy Secretary of Defense shall
select individuals to serve on the cross-functional teams
described in paragraph (1) from among individuals in the
defense research and engineering enterprise, acquisition
community, Joint Staff, combatant commands, and other
organizations, as determined to be appropriate by the Deputy
Secretary.
10 USC 2164 SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.
note.
Consultation. (a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of Education, shall carry out a pilot program
under which the Secretary provides enhanced educational support
and funding to eligible entities to improve civics education programs
taught by such entities.
(b) PURPOSE.—The purpose of the pilot program is to provide
enhanced civics education on the following topics:
(1) Critical thinking and media literacy.
(2) Voting and other forms of political and civic engage-
ment.
(3) Interest in employment, and careers, in public service.
(4) Understanding of United States law, history, and
Government.
(5) The ability of participants to collaborate and com-
promise with others to solve problems.
(c) CONSIDERATIONS.—In carrying out the pilot program, the
Secretary of Defense shall consider innovative approaches for
improving civics education.
(d) METRICS AND EVALUATIONS.—The Secretary of Defense shall
establish metrics and undertake evaluations to determine the
effectiveness of the pilot program, including each of the activities
carried out under subsection (e).
(e) TYPES OF SUPPORT AUTHORIZED.—Under the pilot program
the Secretary of Defense—
(1) shall provide support to eligible entities to address,
at a minimum—
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(A) the development or modification of curricula
relating to civics education;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1279
(B) classroom activities, thesis projects, individual or
team projects, internships, or community service activities
relating to civics;
(C) collaboration with government entities, nonprofit
organizations, or consortia of such entities and organiza-
tions to provide participants with civics-related experiences;
(D) civics-related faculty development programs;
(E) recruitment of educators who are highly qualified
in civics education to teach civics or to assist with the
development of curricula for civics education;
(F) presentation of seminars, workshops, and training
for the development of skills associated with civic engage-
ment;
(G) activities that enable participants to interact with
government officials and entities;
(H) expansion of civics education programs and out-
reach for members of the Armed Forces, dependents and
children of such members, and employees of the Depart-
ment of Defense; and
(I) opportunities for participants to obtain work experi-
ence in fields relating to civics; and
(2) may provide any other form of support the Secretary
determines to be appropriate to enhance the civics education
taught by eligible entities.
(f) REPORT.—Not later than 180 days after the conclusion of
the first full academic year during which the pilot program is
carried out, the Secretary of Defense shall submit to the congres-
sional defense committees a report that includes—
(1) a description of the pilot program, including the a
description of the specific activities carried out under subsection
(e); and
(2) the metrics and evaluations used to assess the effective-
ness of the program as required under subsection (d).
(g) DEFINITIONS.—In this section:
(1) The term ‘‘civics education program’’ means an edu-
cational program that provides participants with—
(A) knowledge of law, government, and the rights of
citizens; and
(B) skills that enable participants to responsibly
participate in democracy.
(2) The term ‘‘eligible entity’’ means any of following:
(A) A local education agency that hosts a unit of the
Junior Reserve Officers’ Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP. 10 USC 1580
note prec.
(a) FELLOWSHIP PROGRAM.—
(1) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
may establish a civilian fellowship program designed to place
eligible individuals within the Department of Defense and Con-
gress to increase the number of national security professionals
with science, technology, engineering, and mathematics creden-
tials employed by the Department.
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(2) DESIGNATION.—The fellowship program established
under paragraph (1) shall be known as the ‘‘Technology and
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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’’).
Time period. (3) ASSIGNMENTS.—Each individual selected for participa-
tion in the fellows program shall be assigned to a one year
position within—
(A) the Department of Defense; or
(B) a congressional office with emphasis on defense
and national security matters.
(4) PAY AND BENEFITS.—To the extent practicable, each
individual assigned to a position under paragraph (3)—
(A) shall be compensated at a rate of basic pay that
is equivalent to the rate of basic pay payable for a position
at level 10 of the General Schedule; and
(B) shall be treated as an employee of the United
States during the assignment.
(b) ELIGIBLE INDIVIDUALS.—
(1) ELIGIBILITY FOR DOD ASSIGNMENT.—Subject to sub-
section (e), an individual eligible for an assignment in the
Department of Defense under subsection (a)(3)(A) is an indi-
vidual who—
(A) is a citizen of the United States; and
Determinations. (B) either—
Deadline. (i) expects to be awarded a bachelor’s degree,
associate’s degree, or graduate degree that, as deter-
mined by the Secretary, focuses on science, technology,
engineering, or mathematics course work not later than
180 days after the date on which the individual submits
an application for participation in the fellows program;
(ii) possesses a bachelor’s degree, associate’s
degree, or graduate degree that, as determined by the
Secretary, focuses on science, technology, engineering,
or mathematics course work; or
(iii) is an employee of the Department of Defense
and possesses a bachelor’s degree, associate’s degree,
or graduate degree that, as determined by the Sec-
retary, focuses on science, technology, engineering, or
mathematics course work.
(2) ELIGIBILITY FOR CONGRESSIONAL ASSIGNMENT.—Subject
to subsection (e), an individual eligible for an assignment in
a congressional office under subsection (a)(3)(B) is an individual
who—
(A) meets the requirements specified in paragraph (1);
and
(B) has not less than 3 years of relevant work experi-
ence in the field of science, technology, engineering, or
mathematics.
(c) APPLICATION.—Each individual seeking to participate in the
fellows program shall submit to the Secretary an application
therefor at such time and in such manner as the Secretary shall
specify.
(d) COORDINATION.—In carrying out this section, the Secretary
may consider working through the following entities:
(1) The National Security Innovation Network.
(2) Universities.
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(3) Science and technology reinvention laboratories and
test and evaluation centers of the Department of Defense.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1281
(4) Other organizations of the Department of Defense or
public and private sector organizations, as determined appro-
priate by the Secretary.
(e) MODIFICATIONS TO FELLOWS PROGRAM.—The Secretary may
modify the terms and procedures of the fellows program in order
to better achieve the goals of the program and to support workforce
needs of the Department of Defense.
(f) CONSULTATION.—The Secretary may consult with the heads
of the agencies, components, and other elements of the Department
of Defense, Members and committees of Congress, and such institu-
tions of higher education and private entities engaged in work
on national security and emerging technologies as the Secretary
considers appropriate for purposes of the fellows program, including
with respect to assignments in the fellows program.
SEC. 236. DOCUMENTATION RELATING TO THE ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) DOCUMENTATION REQUIRED.—Not later than the date speci- Deadline.
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 List.
that contributes to the architecture of the Advanced Battle
Management System.
(2) The final analysis of alternatives for the Advanced Analysis.
Battle Management System.
(3) The requirements for the networked data architecture Requirements.
necessary for the Advanced Battle Management System to pro-
vide multidomain command and control and battle management
capabilities and a development schedule for such architecture.
(b) DATE SPECIFIED.—The date specified in this subsection is
the earlier of—
(1) the date that is 180 days after the date on which
the final analysis of alternatives for the Advanced Battle
Management System is completed; or
(2) June 1, 2020.
(c) ADVANCED BATTLE MANAGEMENT SYSTEM DEFINED.—In this
section, the term ‘‘Advanced Battle Management System’’ means
the Advanced Battle Management System of Systems capability
of the Air Force, including each program, project, and activity
that contributes to such capability.
SEC. 237. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIR-
CRAFT.
(a) F–35 SENSOR DATA.—The Secretary of Defense shall ensure
that—
(1) information collected by the passive and active on-
board sensors of the F–35 Joint Strike Fighter aircraft is
capable of being shared, in real time, with joint service users
in cases in which the Joint Force Commander determines that
sharing such information would be operationally advantageous;
and
(2) the Secretary has developed achievable, effective, and
suitable concepts and supporting technical architectures to col-
lect, store, manage, and disseminate information collected by
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such sensors.
(b) GAO STUDY AND REPORT.—
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133 STAT. 1282 PUBLIC LAW 116–92—DEC. 20, 2019
(1) STUDY.—The Comptroller General of the United States
shall conduct a study of the sensor data collection and dissemi-
nation capability of fifth generation aircraft of the Department
of Defense.
Assessments. (2) ELEMENTS.—The study required by paragraph (1) shall
include an assessment of the following—
(A) the extent to which the Department has established
doctrinal, organizational, or technological methods of man-
aging the large amount of sensor data that is currently
collected and which may be collected by existing and
planned advanced fifth generation aircraft;
(B) the status of the existing sensor data collection,
storage, dissemination, and management capability and
capacity of fifth generation aircraft, including the F–35,
the F–22, and the B–21; and
(C) the ability of the F–35 aircraft and other fifth
generation aircraft to share information collected by the
aircraft in real-time with other joint service users as
described in subsection (a)(1).
(3) STUDY RESULTS.—
Deadline. (A) INTERIM BRIEFING.—Not later than 180 days after
the date of the enactment of this Act, the Comptroller
General shall provide to the congressional defense commit-
tees a briefing on the preliminary findings of the study
conducted under this subsection.
(B) FINAL RESULTS.—The Comptroller General shall
provide the final results of the study conducted under
this subsection to the congressional defense committees
at such time and in such format as is mutually agreed
upon by the committees and the Comptroller General at
the time of the briefing under subparagraph (A).
SEC. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECH-
NOLOGIES.
It is the sense of Congress that the Army should continue
to invest in research, development, test, and evaluation programs
to mature future vertical lift technologies, including programs to
improve pilot situational awareness, increase flight operations
safety, and reduce operation and maintenance costs.
SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH
PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL CER-
TIFICATION PROGRAM, AND OPERATIONAL ENERGY CAPA-
BILITY IMPROVEMENT.
Of the funds authorized to be appropriated for fiscal year
2020 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in
section 4201 for the Strategic Environmental Research Program,
Operational Energy Capability Improvement, and the Environ-
mental Security Technical Certification Program, the Secretary of
Defense shall, acting through the Under Secretary of Defense for
Acquisition and Sustainment, expend amounts as follows:
(1) Not less than $10,000,000 on the development and
demonstration of long duration on-site energy battery storage
for distributed energy assets.
(2) Not less than $10,000,000 on the development, dem-
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onstration, and validation of non-fluorine based firefighting
foams.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1283
(3) Not less than $10,000,000 on the development, dem-
onstration, and validation of secure microgrids for both installa-
tions and forward operating bases.
(4) Not less than $1,000,000 on the development, dem-
onstration, and validation of technologies that can harvest
potable water from air.
SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION
CAPABILITY INCREMENT 2 CAPABILITY.
(a) LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION Assessments.
CAPABILITY INCREMENT 2.—Not more than 50 percent of the funds
authorized to be appropriated by this Act or otherwise made avail-
able for fiscal year 2020 for the Army may be obligated or expended
for research, development, test, and evaluation for the Indirect
Fire Protection Capability Increment 2 capability until the Secretary
of the Army submits to the congressional defense committees a
report on the Indirect Fire Protection Capability Increment 2 pro-
gram that contains the following:
(1) An assessment of whether the requirements previously
established for the enduring program meet the anticipated
threat at the time of planned initial operating capability and
fully operating capability.
(2) A list of candidate systems considered to meet the List.
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 Plan.
system or systems into the Integrated Air and Missile Defense
Battle Command System.
(6) An assessment of the results of the performance, test,
evaluation, integration, and interoperability of batteries one
and two of the interim solution.
(b) NOTIFICATION REQUIRED.—Not later than 10 days after the Deadline.
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.
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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.
Consultation. (a) PLAN REQUIRED.—The Secretary of Defense, jointly with
the Secretaries of the military departments and in consultation
with the Under Secretary of Defense for Research and Engineering,
shall develop a master plan for using existing authorities to
strengthen and modernize the workforce and capabilities of the
science and technology reinvention laboratories of the Department
of Defense (referred to in this section as the ‘‘laboratories’’) to
enhance the ability of the laboratories to execute missions in the
most efficient and effective manner.
Summaries. (b) ELEMENTS.—The master plan required under subsection
(a) shall include, with respect to the laboratories, the following:
(1) A summary of hiring and staffing deficiencies at labora-
tories, by location, and the effect of such deficiencies on the
ability of the laboratories—
(A) to meet existing and future requirements of the
Department of Defense; and
(B) to recruit and retain qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas requiring the
use of the laboratories.
(3) An explanation of the laboratory staffing capabilities
required for each mission area identified under paragraph (2).
(4) Identification of specific projects, including hiring efforts
and management reforms, that will be carried out—
(A) to address the deficiencies identified in paragraph
(1); and
(B) to support the existing and emerging mission areas
identified in paragraph (2).
(5) For each project identified under paragraph (4)—
(A) a summary of the plan for the project;
(B) a description of the resources that will be applied
to the project; and
(C) a schedule of required investments that will be
made as part of the project.
(6) A description of how the Department, including each
military department concerned, will carry out the projects
identified in paragraph (4) using existing authorities.
(7) Identification of any statutory, regulatory, or manage-
ment-related barriers to implementing the master plan and
a description of policy and legislative options that may be
applied to address such barriers.
(c) CONSULTATION.—In developing the master plan required
under subsection (a), the Secretary of Defense, the Secretaries of
the military departments, and the Under Secretary of Defense
for Research and Engineering shall consult with—
(1) the Service Acquisition Executives with responsibilities
relevant to the laboratories;
(2) the commander of each military command with respon-
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sibilities relating to research and engineering that is affected
by the master plan; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1285
(3) any other officials determined to be relevant by the
Secretary of Defense, the Secretaries of the military depart-
ments, and the Under Secretary of Defense for Research and
Engineering.
(d) FINAL REPORT.—Not later than October 30, 2020, the Sec- Consultation.
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, 10 USC 2358
TEST, AND EVALUATION MISSIONS. note.
(a) MASTER PLAN REQUIRED.—The Secretary of Defense, acting Coordination.
through the Under Secretary of Defense for Research and
Engineering and in coordination with the Secretaries of the military
departments, shall develop and implement a master plan that
addresses the research, development, test, and evaluation infra-
structure and modernization requirements of the Department of
Defense, including the science and technology reinvention labora-
tories and the facilities of the Major Range and Test Facility Base.
(b) ELEMENTS.—The master plan required under subsection Summaries.
(a) shall include, with respect to the research, development, test,
and evaluation infrastructure of the Department of Defense, the
following:
(1) A summary of deficiencies in the infrastructure, by
location, and the effect of the deficiencies on the ability of
the Department—
(A) to meet current and future military requirements
identified in the National Defense Strategy;
(B) to support science and technology development and
acquisition programs; and
(C) to recruit and train qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas, by location,
that require modernization investments in the infrastructure—
(A) to improve operations in a manner that may benefit
all users;
(B) to enhance the overall capabilities of the research,
development, test, and evaluation infrastructure, including
facilities and resources;
(C) to improve safety for personnel and facilities; and
(D) to reduce the long-term cost of operation and
maintenance.
(3) Identification of specific infrastructure projects that are
required to address the infrastructure deficiencies identified
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under paragraph (1) or to support the existing and emerging
mission areas identified under paragraph (2).
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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;
Cost estimate. (B) a cost estimate;
(C) a summary of the plan for the project;
(D) an explanation of the level of priority that will
be given to the project; and
(E) a schedule of required infrastructure investments.
(5) A description of how the Department, including each
military department concerned, will carry out the infrastructure
projects identified in paragraph (3) using the range of authori-
ties and methods available to the Department, including—
(A) military construction authority under section 2802
of title 10, United States Code;
(B) unspecified minor military construction authority
under section 2805(a) of such title;
(C) laboratory revitalization authority under section
2805(d) of such title;
(D) the authority to carry out facility repair projects,
including the conversion of existing facilities, under section
2811 of such title;
(E) the authority provided under the Defense Labora-
tory Modernization Pilot Program under section 2803 of
the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114–92; 10 U.S.C. 2358 note);
(F) methods that leverage funding from entities outside
the Department, including public-private partnerships,
enhanced use leases and real property exchanges;
(G) the authority to conduct commercial test and
evaluation activities at a Major Range and Test Facility
Installation, under section 2681 of title 10, United States
Code; and
(H) any other authorities and methods determined to
be appropriate by the Secretary of Defense.
(6) Identification of any regulatory or policy barriers to
the effective and efficient implementation of the master plan.
(c) CONSULTATION AND COORDINATION.—In developing and
implementing the plan required under subsection (a), the Secretary
of Defense shall—
(1) consult with existing and anticipated customers and
users of the capabilities of the Major Range and Test Facility
Base and science and technology reinvention laboratories;
(2) ensure consistency with the science and technology road-
maps and strategies of the Department of Defense and the
Armed Forces; and
(3) ensure consistency with the strategic plan for test and
evaluation resources required by section 196(d) of title 10,
United States Code.
Deadline. (d) SUBMITTAL TO CONGRESS.—Not later than January 1, 2021,
the Secretary of Defense, in coordination with the Secretaries of
the military departments, shall submit to the congressional defense
committees the master plan developed under subsection (a).
(e) RESEARCH, DEVELOPMENT, TEST, AND EVALUATION INFRA-
STRUCTURE DEFINED.—In this section, the term ‘‘research, develop-
ment, test, and evaluation infrastructure’’ means the infrastructure
of—
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(1) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1287
Authorization Act for Fiscal Year 2010 (Public Law 111–84;
10 U.S.C. 2358 note));
(2) the Major Range and Test Facility Base (as defined
in section 2358a(f)(3) of title 10, United States Code); and
(3) other facilities that support the research development,
test, and evaluation activities of the Department.
SEC. 253. ENERGETICS PLAN.
(a) PLAN REQUIRED.—The Under Secretary of Defense for Coordination.
Research and Engineering shall, in coordination with the technical
directors at defense laboratories and such other officials as the
Under Secretary considers appropriate, develop an energetics
research and development plan to ensure a long-term multi-domain
research, development, prototyping, and experimentation effort
that—
(1) maintains United States technological superiority in
energetics technology critical to national security;
(2) efficiently develops new energetics technologies and
transitions them into operational use, as appropriate; and
(3) maintains a robust industrial base and workforce to
support Department of Defense requirements for energetic
materials.
(b) BRIEFING.—Not later than one year after the date of the Deadline.
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- 10 USC 2223a
TION INFORMATION AND COMMUNICATIONS TECH- note.
NOLOGIES.
(a) IN GENERAL.—Not later than 270 days after the date of Deadline.
the enactment of this Act, the Secretary of Defense shall develop—
(1) a strategy for harnessing fifth generation (commonly
known as ‘‘5G’’) information and communications technologies
to enhance military capabilities, maintain a technological
advantage on the battlefield, and accelerate the deployment
of new commercial products and services enabled by 5G net-
works throughout the Department of Defense; and
(2) a plan for implementing the strategy developed under
paragraph (1).
(b) ELEMENTS.—The strategy required under subsection (a)
shall include the following elements:
(1) Adoption and use of secure fourth generation (commonly
known as ‘‘4G’’) communications technologies and the transition
to advanced and secure 5G communications technologies for
military applications and for military infrastructure.
(2) Science, technology, research, and development efforts
to facilitate the advancement and adoption of 5G technology
and new uses of 5G systems, subsystems, and components,
including—
(A) 5G testbeds for developing military and dual-use
applications; and
(B) spectrum-sharing technologies and frameworks.
(3) Strengthening engagement and outreach with industry,
academia, international partners, and other departments and
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agencies of the Federal Government on issues relating to 5G
technology and the deployment of such technology, including
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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.
(c) CONSULTATION.—In developing the strategy and
implementation plan required under subsection (a), the Secretary
of Defense shall consult with the following:
(1) The Chief Information Officer of the Department of
Defense.
(2) The Under Secretary of Defense for Research and
Engineering.
(3) The Under Secretary of Defense for Acquisition and
Sustainment.
(4) The Under Secretary of Defense for Intelligence.
(5) Service Acquisition Executives of each military service.
(d) PERIODIC BRIEFINGS.—
Deadline. (1) IN GENERAL.—Not later than March 15, 2020, and not
less frequently than once every three months thereafter through
March 15, 2022, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the develop-
ment and implementation of the strategy required under sub-
section (a), including an explanation of how the Department
of Defense—
(A) is using secure 5G wireless network technology;
(B) is reshaping the Department’s policy for producing
and procuring secure microelectronics; and
(C) is working in the interagency and internationally
to develop common policies and approaches.
(2) ELEMENTS.—Each briefing under paragraph (1) shall
include information on—
(A) efforts to ensure a secure supply chain for 5G
wireless network equipment and microelectronics;
(B) the continued availability of electromagnetic spec-
trum for warfighting needs;
(C) planned implementation of 5G wireless network
infrastructure in warfighting networks, base infrastructure,
defense-related manufacturing, and logistics;
(D) steps taken to work with allied and partner coun-
tries to protect critical networks and supply chains; and
(E) such other topics as the Secretary of Defense con-
siders relevant.
10 USC 2223a SEC. 255. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY
note. STRATEGY.
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Deadline. (a) DESIGNATION OF SENIOR OFFICIAL.—Not later than 180 days
Consultation. after the date of the enactment of this Act, the Secretary of Defense,
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1289
acting through the Under Secretary of Defense for Research and
Engineering and in consultation with the Under Secretary of
Defense for Acquisition and Sustainment and appropriate public
and private sector organizations, shall designate a single official
or existing entity within the Department of Defense as the official
or entity (as the case may be) with principal responsibility for
guiding the development of science and technology activities related
to next generation software and software reliant systems for the
Department, including—
(1) research and development activities on new technologies
for the creation of highly secure, scalable, reliable, time-sen-
sitive, and mission-critical software;
(2) research and development activities on new approaches
and tools to software development and deployment, testing,
integration, and next generation software management tools
to support the rapid insertion of such software into defense
systems;
(3) foundational scientific research activities to support
advances in software;
(4) technical workforce and infrastructure to support
defense science and technology and software needs and mission
requirements;
(5) providing capabilities, including technologies, systems,
and technical expertise to support improved acquisition of soft-
ware reliant business and warfighting systems; and
(6) providing capabilities, including technologies, systems,
and technical expertise to support defense operational missions
which are reliant on software.
(b) DEVELOPMENT OF STRATEGY.—The official or entity des-
ignated under subsection (a) shall develop a Department-wide
strategy for the research and development of next generation soft-
ware and software reliant systems for the Department of Defense,
including strategies for—
(1) types of software-related activities within the science
and technology portfolio of the Department;
(2) investment in new approaches to software development
and deployment, and next generation management tools;
(3) ongoing research and other support of academic,
commercial, and development community efforts to innovate
the software development, engineering, and testing process,
automated testing, assurance and certification for safety and
mission critical systems, large scale deployment, and
sustainment;
(4) to the extent practicable, implementing or continuing
the implementation of the recommendations set forth in—
(A) the final report of the Defense Innovation Board
submitted to the congressional defense committees under
section 872 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1497);
(B) the final report of the Defense Science Board Task
Force on the Design and Acquisition of Software for Defense
Systems described in section 868 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. 2223 note); and
(C) other relevant studies on software research,
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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);
(C) the Defense Advanced Research Projects Agency;
and
(D) universities, federally funded research and develop-
ment centers, and service organizations with activities in
software engineering; and
(6) the transition of relevant capabilities and technologies
to relevant programs of the Department, including software-
reliant cyber-physical systems, tactical systems, enterprise sys-
tems, and business systems.
Deadline. (c) SUBMITTAL TO CONGRESS.—Not later than one year after
the date of the enactment of this Act, the official or entity designated
under subsection (a) shall submit to the congressional defense
committees the strategy developed under subsection (b).
SEC. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) STRATEGY REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall develop
a strategy for educating servicemembers in relevant occupa-
tional fields on matters relating to artificial intelligence.
(2) ELEMENTS.—The strategy developed under subsection
(a) shall include a curriculum designed to give servicemembers
a basic knowledge of artificial intelligence. The curriculum shall
include instruction in—
(A) artificial intelligence design;
(B) software coding;
(C) potential military applications for artificial intel-
ligence;
(D) the impact of artificial intelligence on military
strategy and doctrine;
(E) artificial intelligence decisionmaking via machine
learning and neural networks;
(F) ethical issues relating to artificial intelligence;
(G) the potential biases of artificial intelligence;
(H) potential weakness in artificial intelligence tech-
nology;
(I) opportunities and risks; and
(J) any other matters the Secretary of Defense deter-
mines to be relevant.
(b) IMPLEMENTATION PLAN.—The Secretary of Defense shall
develop a plan for implementing the strategy developed under sub-
section (a).
Deadline. (c) SUBMITTAL TO CONGRESS.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
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shall submit to the congressional defense committees—
(1) the strategy developed under subsection (a); and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1291
(2) the implementation plan developed under subsection
(b).
SEC. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP
AND REPORTS.
(a) ROADMAP FOR SCIENCE AND TECHNOLOGY ACTIVITIES TO
SUPPORT DEVELOPMENT OF CYBER CAPABILITIES.—
(1) ROADMAP REQUIRED.—The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall develop a roadmap for science and tech-
nology activities of the Department of Defense to support
development of cyber capabilities to meet Department needs
and missions.
(2) GOAL OF CONSISTENCY.—The Secretary shall develop
the roadmap required by paragraph (1) to ensure consistency
with appropriate Federal interagency, industry, and academic
activities.
(3) SCOPE.—The roadmap required by paragraph (1) shall—
(A) cover the development of capabilities that will likely
see operational use within the next 25 years or earlier;
and
(B) address cyber operations and cybersecurity.
(4) CONSULTATION.—The Secretary shall develop the
roadmap required by paragraph (1) in consultation with the
following:
(A) The Chief Information Officer of the Department.
(B) The secretaries and chiefs of the military depart-
ments.
(C) The Director of Operational Test and Evaluation.
(D) The Commander of the United States Cyber Com-
mand.
(E) The Director of the National Security Agency.
(F) The Director of the Defense Information Systems
Agency.
(G) The Director of the Defense Advanced Research
Projects Agency.
(H) The Director of the Defense Digital Service.
(I) Such interagency partners as the Secretary con-
siders appropriate.
(5) FORM.—The Secretary shall develop the roadmap
required by paragraph (1) in unclassified form, but may include
a classified annex.
(6) PUBLICATION.—The Secretary shall make available to Public
the public the unclassified form of the roadmap developed information.
pursuant to paragraph (1).
(b) ANNUAL REPORT ON CYBER SCIENCE AND TECHNOLOGY
ACTIVITIES.—
(1) ANNUAL REPORTS REQUIRED.—In fiscal years 2021, 2022,
and 2023, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense commit-
tees a report on the science and technology activities within
the Department of Defense relating to cyber matters during
the previous fiscal year, the current fiscal year, and the fol-
lowing fiscal year.
(2) CONTENTS.—Each report submitted pursuant to para-
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graph (1) shall include, for the period covered by the report,
a description and listing of the science and technology activities
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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.
(C) Major and minor military construction activities.
(D) Major prototyping and demonstration programs.
List. (E) A list of agreements and activities to transition
capabilities to acquisition activities, including—
(i) national security systems;
(ii) business systems; and
(iii) enterprise and network systems.
(F) Efforts to enhance the national technical cybersecu-
rity workforce, including specific programs to support edu-
cation, training, internships, and hiring.
(G) Efforts to perform cooperative activities with inter-
national partners.
(H) Efforts under the Small Business Innovation
Research and the Small Business Technology Transfer Pro-
gram, including estimated amounts to be expected in the
following fiscal year.
(I) Efforts to encourage partnerships between the
Department of Defense and universities participating in
the National Centers of Academic Excellence in Cyber
Operations and Cyber Defense.
(3) TIMING.—Each report submitted pursuant to paragraph
(1) shall be submitted concurrently with the annual budget
request of the President submitted pursuant to section 1105
of title 31, United States Code.
(4) FORM.—The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 258. REPORT ON B–52 COMMERCIAL ENGINE REPLACEMENT PRO-
GRAM.
(a) DOCUMENTATION REQUIRED.—The Secretary of the Air Force
shall submit to the congressional defense committees a report on
the B–52 commercial engine replacement program of the Air Force.
Strategies. (b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) The acquisition strategy of the Secretary for the pro-
gram.
Estimates. (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.
Assessment. (7) An assessment of the potential for the commercial
engine replacement to achieve nuclear system certification.
(c) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for
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the Air Force, not more than 75 percent may be obligated or
expended until the date on which the Secretary of the Air Force
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1293
submits to the congressional defense committees the report required
by subsection (a).
SEC. 259. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST
PRACTICES FOR DEPARTMENT OF DEFENSE
WARFIGHTING SYSTEMS.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall submit to the congressional
defense committees a report on commercial edge computing tech-
nologies and best practices for Department of Defense warfighting
systems.
(b) CONTENTS.—The report submitted under subsection (a) shall Plans.
include the following:
(1) Identification of initial warfighting system programs
of record that will benefit most from accelerated insertion of
commercial edge computing technologies and best practices,
resulting in significant near-term improvement in system
performance and mission capability.
(2) The plan of the Department of Defense to provide
additional funding for the systems identified in paragraph (1)
to achieve fielding of accelerated commercial edge computing
technologies before or during fiscal year 2021.
(3) The plan of the Department to identify, manage, and
provide additional funding for commercial edge computing tech-
nologies more broadly over the next four fiscal years where
appropriate for—
(A) command, control, communications, and intel-
ligence systems;
(B) logistics systems; and
(C) other mission-critical systems.
(4) A detailed description of the policies, procedures,
budgets, and accelerated acquisition and contracting mecha-
nisms of the Department for near-term insertion of commercial
edge computing technologies and best practices into military
mission-critical systems.
SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTEL-
LIGENCE CENTER.
(a) REPORTS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act and biannually thereafter through
the end of 2023, the Secretary of Defense shall submit to the
congressional defense committees a report on the Joint Artificial
Intelligence Center (referred to in this section as the ‘‘Center’’).
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
(1) Information relating to the mission and objectives of
the Center.
(2) A description of the National Mission Initiatives,
Component Mission Initiatives, and any other initiatives of
the Center, including a description of—
(A) the activities carried out under the initiatives;
(B) any investments made or contracts entered into
under the initiatives; and
(C) the progress of the initiatives.
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(3) A description of how the Center has sought to leverage
lessons learned, share best practices, avoid duplication of
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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.
(c) JOINT ARTIFICIAL INTELLIGENCE CENTER DEFINED.—In this
section, the term ‘‘Joint Artificial Intelligence Center’’ means the
Joint Artificial Intelligence Center of the Department of Defense
established pursuant to section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. 2358 note).
SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED
FIGHTING VEHICLE PROGRAM.
Effective date. (a) IN GENERAL.—Beginning not later than December 1, 2019,
Time period. and on a quarterly basis thereafter through October 1, 2022, the
Briefings. Assistant Secretary shall provide to the Committees on Armed
Services of the Senate and the House of Representatives a briefing
on the progress of the Optionally Manned Fighting Vehicle program
of the Army.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the Optionally Manned Fighting Vehicle
program, the following elements:
Overview. (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.
Overview. (2) An overview of the program schedule.
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Assessment. (3) An assessment of the status of the program with respect
to—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1295
(A) the development and approval of technical require-
ments;
(B) technological maturity;
(C) testing;
(D) delivery; and
(E) program management.
(4) Any other matters that the Assistant Secretary con-
siders relevant to a full understanding of the status and plans
of the program.
(c) ASSISTANT SECRETARY DEFINED.—In this section, the term
‘‘Assistant Secretary’’ means the Assistant Secretary of the Army
for Acquisition, Logistics, and Technology (or the designee of the
Assistant Secretary), in consultation with the Commander of the
Army Futures Command (or the designee of the Commander).
SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY 10 USC 2362
BLACK COLLEGES AND UNIVERSITIES AND OTHER note.
MINORITY INSTITUTIONS.
(a) STUDY REQUIRED.—The Secretary of Defense shall seek
to enter into an agreement with the National Academies of Sciences,
Engineering, and Medicine (referred to in this section as the
‘‘National Academies’’) under which the National Academies will
conduct a study on the status of defense research at covered institu-
tions and the methods and means necessary to advance research
capacity at covered institutions to comprehensively address the
national security and defense needs of the United States.
(b) DESIGNATION.—The study conducted under subsection (a)
shall be known as the ‘‘National Study on Defense Research At
Historically Black Colleges and Universities and Other Minority
Institutions’’.
(c) ELEMENTS.—The study conducted under subsection (a) shall
include an examination of each of the following:
(1) The degree to which covered institutions are successful
in competing for and executing Department of Defense contracts
and grants for defense research.
(2) Best practices for advancing the capacity of covered
institutions to compete for and conduct research programs
related to national security and defense.
(3) The advancements and investments necessary to elevate
covered institutions to R2 status or R1 status on the Carnegie
Classification of Institutions of Higher Education, consistent
with the criteria of the classification system.
(4) The facilities and infrastructure for defense-related
research at covered institutions as compared to the facilities
and infrastructure at institutions classified as R1 status on
the Carnegie Classification of Institutions of Higher Education.
(5) Incentives to attract, recruit, and retain leading
research faculty to covered institutions.
(6) Best practices of institutions classified as R1 status
on the Carnegie Classification of Institutions of Higher Edu-
cation, including best practices with respect to—
(A) the establishment of a distinct legal entity to—
(i) enter into contracts or receive grants from the
Department;
(ii) lay the groundwork for future research
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opportunities;
(iii) develop research proposals;
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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;
(C) the overhead rate of the institution of higher edu-
cation for fiscal year 2019;
(D) the institution’s classification on the Carnegie
Classification of Institutions of Higher Education; and
(E) whether the institution qualifies as a covered
institution.
Recommenda- (9) Recommendations for strengthening and enhancing the
tions. programs executed under section 2362 of title 10, United States
Code.
Recommenda- (10) Recommendations to enhance the capacity of covered
tions. 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.
Recommenda- (13) Recommendations for the development of incentives
tions. to encourage research and educational collaborations between
covered institutions and other institutions of higher education.
(14) Any other matters the Secretary of Defense determines
to be relevant to advancing the defense research capacity of
covered institutions.
(d) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the President and the appropriate congressional
committees an initial report that includes—
(A) the findings of the study conducted under sub-
section (a); and
Recommenda- (B) any recommendations that the National Academies
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tions. may have for action by the executive branch and Congress
to improve the participation of covered institutions in
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1297
Department of Defense research and any actions that may
be carried out to expand the research capacity of such
institutions.
(2) FINAL REPORT.—Not later than December 31, 2021,
the Secretary of Defense shall submit to the President and
the appropriate congressional committees a comprehensive
report on the results of the study required under subsection
(a).
(3) FORM OF REPORTS.—Each report submitted under this Public
subsection shall be made publicly available. information.
(e) IMPLEMENTATION REQUIRED.—
(1) IN GENERAL.—Except as provided in paragraph (2), not Deadline.
later than March 1, 2022, the Secretary of Defense shall com-
mence implementation of each recommendation included in the
final report submitted under subsection (d)(2).
(2) EXCEPTIONS.—
(A) DELAYED IMPLEMENTATION.—The Secretary of
Defense may commence implementation of a recommenda-
tion described paragraph (1) later than March 1, 2022,
if—
(i) the Secretary submits to the congressional Notice.
defense committees written notice of the intent of the
Secretary to delay implementation of the recommenda-
tion; and
(ii) includes, as part of such notice, a specific jus-
tification for the delay in implementing the rec-
ommendation.
(B) NONIMPLEMENTATION.—The Secretary of Defense
may elect not to implement a recommendation described
in paragraph (1), if—
(i) the Secretary submits to the congressional Notice.
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- Summary.
retary will carry out to address the purposes
underlying the recommendation.
(3) IMPLEMENTATION PLAN.—For each recommendation that
the Secretary implements under this subsection, the Secretary
shall submit to the congressional defense committees an
implementation plan that includes—
(A) a summary of actions that have been, or will be, Summary.
carried out to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(f) LIST OF COVERED INSTITUTIONS.—The Secretary of Defense, Consultation.
in consultation with the Secretary of Education and the Presidents Public
of the National Academies, shall make available a list identifying information.
Web posting.
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-
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section (d)(2).
(g) DEFINITIONS.—In this section:
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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
(C) the Committee on Education and Labor of the
House of Representatives.
(2) The term ‘‘covered institution’’ means—
(A) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20
U.S.C. 1061(2)); or
(B) any other institution of higher education (as that
term is defined in section 101 of such Act (20 U.S.C. 1001))
at which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that
are underrepresented in the fields of science and
engineering.
SEC. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECH-
NOLOGIES FOR THE DEPARTMENT OF DEFENSE.
(a) STUDY REQUIRED.—
Deadline. (1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
direct the Defense Science Board to carry out a study on
emerging biotechnologies pertinent to national security.
(2) PARTICIPATION.—Participants in the study shall include
the following:
(A) Such members of the Board as the Chairman of
the Board considers appropriate for the study.
(B) Such additional temporary members or contracted
support as the Secretary—
(i) selects from those recommended by the Chair-
man for purposes of the study; and
(ii) considers to have significant technical, policy,
or military expertise.
Assessments. (3) ELEMENTS.—The study conducted pursuant to para-
graph (1) shall include the following:
Reviews. (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
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research in the commercial sector, institutions of
higher education, the intelligence community, and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1299
civilian agencies of the Federal Government relevant
to critical Department of Defense applications of this
research;
(iv) an assessment of the potential national secu-
rity risks of emerging biotechnologies, including risks
relating to foreign powers advancing their use of
emerging biotechnologies for military applications and
other purposes faster than the Department; and
(v) an assessment of the knowledge base of the
Department with respect to emerging biotechnologies,
including scientific expertise and infrastructure in the
Department and the capacity of the Department to
integrate emerging biotechnologies into its operational
concepts, capabilities, and forces.
(B) An assessment of the technical basis within the
Department used to inform the intelligence community of
the Department’s collection and analysis needs relating
to emerging biotechnologies.
(C) Development of a recommendation on a definition Recommenda-
of emerging biotechnologies, as appropriate for the Depart- tions.
ment.
(D) Development of such recommendations as the Recommenda-
Board may have for legislative or administrative action tions.
relating to national security emerging biotechnologies for
the Department.
(4) ACCESS TO INFORMATION.—The Secretary shall provide
the Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a thor-
ough and independent analysis as required under this section.
(5) REPORT.—(A) Not later than one year after the date
on which the Secretary directs the Board to conduct the study
pursuant to paragraph (1), the Board shall transmit to the
Secretary a final report on the study.
(B) Not later than 30 days after the date on which the
Secretary receives the final report under subparagraph (A),
the Secretary shall submit to the congressional defense commit-
tees such report and such comments as the Secretary considers
appropriate.
(b) BRIEFING REQUIRED.—Not later than 90 days after the Deadline.
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- Reports.
CATED TO COMBATING TERRORISM TECHNICAL SUPPORT
OFFICE.
(a) INDEPENDENT STUDY.—Not later than 30 days after the Deadline.
date of the enactment of this Act, the Secretary of Defense shall Contracts.
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.
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(b) ELEMENTS OF STUDY.—In carrying out the study referred
to in subsection (a), the federally funded research and development
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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—
Evaluation. (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;
Assessment. (2) assess the extent to which the activities of the Com-
bating Terrorism Technical Support Office are complementary
to and coordinated with other relevant activities by other
Department of Defense entities, including activities of the
Under Secretary of Defense for Research and Engineering, the
Under Secretary of Defense for Acquisition and Sustainment,
United States Special Operations Command, and the military
departments; and
(3) identify opportunities to improve the efficiency and
effectiveness of the Combating Terrorism Technical Support
Office, including through increased coordination, realignment,
or consolidation with other entities of the Department of
Defense, if appropriate.
(c) SUBMISSION TO DEPARTMENT OF DEFENSE.—Not later than
180 days after the date of the enactment of this Act, the federally
funded research and development center that conducts the study
under subsection (a) shall submit to the Secretary of Defense a
report on the results of the study in both classified and unclassified
form.
Records. (d) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary of Defense receives the report
under subsection (c), the Secretary shall submit to the congressional
defense committees an unaltered copy of the report in both classified
and unclassified form, and such comments as the Secretary may
have with respect to the report.
SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE
PLANS AND PROGRAMS.
Deadline. (a) ASSESSMENT.—Not later than 120 days after the date of
the enactment of this Act and pursuant to the arrangement entered
into under section 222, the Secretary of Defense shall seek to
engage the private scientific advisory group known as ‘‘JASON’’
to carry out an independent assessment of electronic warfare plans
and programs.
Recommenda- (b) ELEMENTS.—In carrying out the assessment under sub-
tions. 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
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appropriate, including recommendations for—
(A) closing technical, policy, or resource gaps;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1301
(B) improving cooperation and appropriate integration
within the Department of Defense entities;
(C) improving cooperation between the United States
and other countries and international organizations as
appropriate; and
(D) such other important matters identified by JASON
that are directly relevant to the strategies of the Depart-
ment of Defense described in paragraph (3).
(c) LIAISONS.—The Secretary of Defense shall appoint appro-
priate liaisons to JASON to support the timely conduct of the
services covered by this section.
(d) MATERIALS.—The Secretary of Defense shall provide access
to JASON to materials relevant to the services covered by this
section, consistent with the protection of sources and methods and
other critically sensitive information.
(e) CLEARANCES.—The Secretary of Defense shall ensure that
appropriate members and staff of JASON have the necessary clear-
ances, obtained in an expedited manner, to conduct the services
covered by this section.
(f) REPORT.—Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense committees
a report on the results of the assessment carried out under sub-
section (a), including—
(1) the results of the assessment with respect to each
element described in subsection (b);
(2) the recommendations developed by JASON pursuant
to such subsection.
(g) RELATIONSHIP TO OTHER LAW.—The assessment required
under subsection (a) is separate and independent from the assess-
ment described in section 255 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 132 Stat. 1705) and shall be carried out without regard to
any agreement entered into under that section or the results of
any assessment conducted pursuant to such agreement.
SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH
PROGRAM.
Section 2365 of title 10, United States Code, is amended—
(1) in subsections (a) and (d)(2), by striking ‘‘Assistant
Secretary of Defense for Research and Engineering’’ both places
it appears and inserting ‘‘Under Secretary of Defense for
Research and Engineering’’;
(2) in subsections (d)(3) and (e), by striking ‘‘Assistant
Secretary’’ both places it appears and inserting ‘‘Under Sec-
retary of Defense for Research and Engineering’’; and
(3) in subsection (d), by striking ‘‘Assistant Secretary’’ both
places it appears and inserting ‘‘Under Secretary’’.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
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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.
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Subtitle E—Reports
Sec. 361. Readiness reporting.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1303
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 Definition.
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any quality recyclable material provided to the Department by
a State or local government entity, if such material is authorized
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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) IMPROVEMENT OF CONVEYED UTILITY SYSTEMS.—In the case
of a utility system that is conveyed under this section and that
only provides utility services to a military installation, the Secretary
concerned may use amounts authorized to be appropriated for mili-
tary construction to improve the reliability, resilience, efficiency,
physical security, or cybersecurity of the utility system.’’.
SEC. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRON-
MENTAL RESTORATION AUTHORITIES TO INCLUDE FED-
ERAL GOVERNMENT FACILITIES USED BY NATIONAL
GUARD.
(a) IN GENERAL.—Section 2707 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) AUTHORITY FOR NATIONAL GUARD PROJECTS.—Notwith-
standing subsection (a) of this section and section 2701(c)(1) of
this title, the Secretary concerned may use funds described in
subsection (c) to carry out an environmental restoration project
at a facility in response to perfluorooctanoic acid or perfluorooctane
sulfonate contamination under this chapter or CERCLA.’’.
(b) DEFINITION OF FACILITY.—Section 2700(2) of such title is
amended—
(1) by striking ‘‘The terms’’ and inserting ‘‘(A) The terms’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(B) The term ‘facility’ includes real property that is owned
by, leased to, or otherwise possessed by the United States
at locations at which military activities are conducted under
this title or title 32 (including real property owned or leased
by the Federal Government that is licensed to and operated
by a State for training for the National Guard).’’.
(c) INCLUSION OF POLLUTANTS AND CONTAMINANTS IN ENVIRON-
MENTAL RESPONSE ACTIONS.—Section 2701(c) of such title is
amended by inserting ‘‘or pollutants or contaminants’’ after ‘‘haz-
ardous substances’’ each place it appears.
10 USC 2700 (d) SAVINGS CLAUSE.—Nothing in this section, or the amend-
note. 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
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as provided in subsection (c) with respect to operational energy
cost savings, the Secretary of Defense’’;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1305
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) USE OF OPERATIONAL ENERGY COST SAVINGS.—The amount
that remains available for obligation under subsection (a) that
relates to operational energy cost savings realized by the Depart-
ment shall be used for the implementation of additional operational
energy resilience, efficiencies, mission assurance, energy conserva-
tion, or energy security within the department, agency, or
instrumentality that realized that savings.’’.
SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND
COGENERATION PRODUCTION FACILITIES.
Section 2916(b)(3)(B) of title 10, United States Code, is
amended—
(1) by striking ‘‘shall be available’’ and all that follows
and inserting ‘‘shall be provided directly to the commander
of the military installation in which the geothermal energy
resource is located to be used for—’’; and
(2) by adding at the end the following new clauses:
‘‘(i) military construction projects described in para-
graph (2) that benefit the military installation where the
geothermal energy resource is located; or
‘‘(ii) energy or water security projects that—
‘‘(I) benefit the military installation where the geo-
thermal energy resource is located;
‘‘(II) the commander of the military installation
determines are necessary; and
‘‘(III) are directly coordinated with local area
energy or groundwater governing authorities.’’.
SEC. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.
(a) MODIFICATION OF ANNUAL ENERGY MANAGEMENT AND RESIL-
IENCE REPORT.—Section 2925(a) of title 10, United States Code,
is amended—
(1) in the subsection heading, by inserting ‘‘AND READINESS’’
after ‘‘MISSION ASSURANCE’’;
(2) in the matter preceding paragraph (1), by inserting
‘‘The Secretary shall ensure that mission operators of critical
facilities provide to personnel of military installations any
information necessary for the completion of such report.’’ after
‘‘by the Secretary.’’;
(3) in paragraph (4), in the matter preceding subparagraph
(A), by striking ‘‘megawatts’’ and inserting ‘‘electric and thermal
loads’’; and
(4) in paragraph (5), by striking ‘‘megawatts’’ and inserting
‘‘electric and thermal loads’’.
(b) FUNDING FOR ENERGY PROGRAM OFFICES.—
(1) IN GENERAL.—Not later than 180 days after the date Reports.
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
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(B) at levels that are not less than in any previous
fiscal year.
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133 STAT. 1306 PUBLIC LAW 116–92—DEC. 20, 2019
(2) PROGRAM OFFICES SPECIFIED.—The program offices
specified in this paragraph are the following:
(A) The Power Reliability Enhancement Program of
the Army.
(B) The Office of Energy Initiatives of the Army.
(C) The Office of Energy Assurance of the Air Force.
(D) The Resilient Energy Program Office of the Navy.
(3) FUNDING PLAN.—
Time period. (A) IN GENERAL.—The Secretaries of the military
Effective date. departments shall include in the report submitted under
paragraph (1) a funding plan for the next five fiscal years
beginning after the date of the enactment of this Act to
ensure that funding levels are, at a minimum, maintained
during that period.
(B) ELEMENTS.—The funding plan under subparagraph
(A) shall include, for each fiscal year covered by the plan,
an identification of the amounts to be used for the accom-
plishment of energy resilience goals and objectives.
10 USC 2866 (c) ESTABLISHMENT OF TARGETS FOR WATER USE.—The Sec-
note. retary of Defense shall, where life-cycle cost-effective, improve water
use efficiency and management by the Department of Defense,
including storm water management, by—
(1) installing water meters and collecting and using water
balance data of buildings and facilities to improve water con-
servation and management;
(2) reducing industrial, landscaping, and agricultural water
consumption in gallons by two percent annually through fiscal
year 2030 relative to a baseline of such consumption by the
Department in fiscal year 2010; and
(3) installing appropriate sustainable infrastructure fea-
tures on installations of the Department to help with storm
water and wastewater management.
SEC. 320. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL
OF OBSOLETE PROVISIONS RELATING TO ENERGY.
(a) TECHNICAL AND GRAMMATICAL CORRECTIONS.—
(1) TECHNICAL CORRECTIONS.—Title 10, United States Code,
is amended—
(A) in section 2913(c), by striking ‘‘government’’ and
inserting ‘‘government or’’; and
(B) in section 2926(d)(1), in the second sentence, by
striking ‘‘Defense Agencies’’ and inserting ‘‘the Defense
Agencies’’.
(2) GRAMMATICAL CORRECTIONS.—Such title is further
amended—
(A) in section 2922a(d), by striking ‘‘resilience are
prioritized and included’’ and inserting ‘‘energy resilience
are included as critical factors’’; and
(B) in section 2925(a)(3), by striking ‘‘impacting energy’’
and all that follows through the period at the end and
inserting ‘‘degrading energy resilience at military installa-
tions (excluding planned outages for maintenance reasons),
whether caused by on- or off-installation disruptions,
including the total number of outages and their locations,
the duration of each outage, the financial effect of each
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outage, whether or not the mission was affected, the
downtimes (in minutes or hours) the mission can afford
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1307
based on mission requirements and risk tolerances, the
responsible authority managing the utility, and measures
taken to mitigate the outage by the responsible authority.’’.
(b) CLARIFICATION OF APPLICABILITY OF CONFLICTING AMEND-
MENTS MADE BY 2018 DEFENSE AUTHORIZATION ACT.—Section
2911(e) of such title is amended—
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
‘‘(1) Opportunities to reduce the current rate of consump-
tion of energy, the future demand for energy, and the require-
ment for the use of energy.
‘‘(2) Opportunities to enhance energy resilience to ensure
the Department of Defense has the ability to prepare for and
recover from energy disruptions that affect mission assurance
on military installations.’’; and
(2) by striking the second paragraph (13).
(c) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of section 2926
of such title is amended to read as follows:
‘‘§ 2926. Operational energy’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 173 of such title is amended by striking 10 USC 2924
the item relating to section 2926 and inserting the following prec.
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, 132 Stat. 1713.
2020, and 2021’’.
SEC. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING 10 USC 2661
FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT. note prec.
(a) USE OF FLUORINE-FREE FOAM AT MILITARY INSTALLATIONS.—
(1) MILITARY SPECIFICATION.—Not later than January 31, Deadlines.
2023, the Secretary of the Navy shall publish a military speci- Publication.
fication for a fluorine-free fire-fighting agent for use at all
military installations and ensure that such agent is available
for use by not later than October 1, 2023.
(2) REPORT TO CONGRESS.—Concurrent with publication of Implementation
the military specification under paragraph (1), the Secretary plan.
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
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agent for use as a replacement fire-fighting agent at mili-
tary installations;
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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;
(C) funding requirements, by fiscal year, to implement
the replacement fire-fighting agent, including funding for
the procurement of a replacement fire-fighting agent,
required equipment, and infrastructure improvements;
Timeline. (D) a detailed timeline of remaining required actions
to implement such replacement.
Expiration date. (b) LIMITATION.—No amount authorized to be appropriated or
otherwise made available for the Department of Defense may be
obligated or expended after October 1, 2023, to procure fire-fighting
foam that contains in excess of one part per billion of perfluoroalkyl
substances and polyfluoroalkyl substances.
Expiration date. (c) PROHIBITION ON USE.—Fluorinated aqueous film-forming
foam may not be used at any military installation on or after
the earlier of the following dates:
(1) October 1, 2024.
(2) The date on which the Secretary determines that compli-
ance with the prohibition under this subsection is possible.
(d) EXEMPTION FOR SHIPBOARD USE.—Subsections (b) and (c)
shall not apply to firefighting foam for use solely onboard ocean-
going vessels.
(e) WAIVER.—
Deadline. (1) IN GENERAL.—Subject to the limitations under para-
graph (2), the Secretary of Defense may waive the prohibition
under subsection (c) with respect to the use of fluorinated
aqueous film-forming foam, if, by not later than 60 days prior
to issuing the waiver, the Secretary—
Briefing. (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;
Timeline. (vi) an updated timeline for the completion of the
transition to use of the fluorine-free fire-fighting agent;
and
List. (vii) a list of the categories of installation infra-
structure or specific mobile firefighting equipment sets
that require the waiver along with the justification;
Certification. (B) submits to the congressional defense committees
certification in writing, that—
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(i) the waiver is necessary for either installation
infrastructure, mobile firefighting equipment, or both;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1309
(ii) the waiver is necessary for the protection of
life and safety;
(iii) no agent or equipment solutions are available
that meet the military specific issued pursuant to sub-
section (a);
(iv) the military specification issued pursuant to
subsection (a) is still valid and does not require revi-
sion; and
(v) includes details of the measures in place to
minimize the release of and exposure to fluorinated
compounds in fluorinated aqueous film-forming foam;
and
(C) provides for public notice of the waiver. Public notice.
(2) LIMITATION.—The following limitations apply to a
waiver issued under this subsection:
(A) Such a waiver shall apply for a period that does Applicability.
not exceed one year. Time period.
(B) The Secretary may extend such a waiver once Extension.
for an additional period that does not exceed one year, Time period.
if the requirements under paragraph (1) are met as of
the date of the extension of the waiver.
(C) The authority to grant a waiver under this sub-
section may not be delegated below the level of the Sec-
retary of Defense.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘perfluoroalkyl substances’’ means aliphatic
substances for which all of the H atoms attached to C atoms
in the nonfluorinated substance from which they are notionally
derived have been replaced by F atoms, except those H atoms
whose substitution would modify the nature of any functional
groups present.
(2) The term ‘‘polyfluoroalkyl substances’’ means aliphatic
substances for which all H atoms attached to at least one
(but not all) C atoms have been replaced by F atoms, in such
a manner that they contain the perfluoroalkyl moiety
CnF2n+1l (for example, C8F17CH2CH2OH).
SEC. 323. PROHIBITION OF UNCONTROLLED RELEASE OF 10 USC 2661
FLUORINATED AQUEOUS FILM-FORMING FOAM AT MILI- note prec.
TARY INSTALLATIONS.
(a) PROHIBITION.—Except as provided by subsection (b), the
Secretary of Defense shall prohibit the uncontrolled release of
fluorinated aqueous film-forming foam (hereinafter in this section
referred to as ‘‘AFFF’’) at military installations.
(b) EXCEPTIONS.—Notwithstanding subsection (a), fluorinated
AFFF may be released at military installations as follows:
(1) AFFF may be released for purposes of an emergency
response.
(2) A non-emergency release of AFFF may be made for
the purposes of testing of equipment or training of personnel,
if complete containment, capture, and proper disposal mecha-
nisms are in place to ensure no AFFF is released into the
environment.
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133 STAT. 1310 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 2661 SEC. 324. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM
note prec. FORMING FOAM FOR TRAINING EXERCISES.
The Secretary of Defense shall prohibit the use of fluorinated
aqueous film forming foam for training exercises at military installa-
tions.
SEC. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS
WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.
(a) MONITORING.—The Secretary of the Navy shall conduct
real-time sound-monitoring at no fewer than two Navy installations
and their associated outlying landing fields on the west coast of
the United States where Navy combat coded F/A–18, E/A–18G,
or F–35 aircraft are based and operate and noise contours have
been developed through noise modeling. Sound monitoring under
such study shall be conducted—
Time period. (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.
Deadline. (b) PLAN FOR ADDITIONAL MONITORING.—Not later than 90
days after the date of the enactment of this Act, the Secretary
of the Navy shall submit to the congressional defense committees
a plan for real-time sound monitoring described in subsection (a)
in the vicinity of training areas predominantly overflown by tactical
fighter aircraft from the selected installations and outlying landing
fields, including training areas that consist of real property adminis-
tered by the Federal Government (including Department of Defense,
Department of Interior, and Department of Agriculture), State and
local governments, and privately owned land with the permission
of the owner.
(c) REPORT REQUIRED.—Not later than December 1, 2020, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the monitoring required under subsection
(a). Such report shall include—
(1) the results of such monitoring;
(2) a comparison of such monitoring and the noise contours
previously developed with the analysis and modeling methods
previously used;
(3) an overview of any changes to the analysis and modeling
process that have been made or are being considered as a
result of the findings of such monitoring; and
(4) any other matters that the Secretary determines appro-
priate.
Web posting. (d) PUBLIC AVAILABILITY OF MONITORING RESULTS.—The Sec-
retary shall make the results of the monitoring required under
subsection (a) publicly available on a website of the Department
of Defense.
SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND
RISK ASSESSMENT TOOL.
Determination. (a) IN GENERAL.—The Secretary of Defense shall consult with
the entities described in subsection (b) to determine whether an
existing climate vulnerability and risk assessment tool is available
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or can be adapted to be used to quantify the risks associated
with extreme weather events and the impact of such events on
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1311
networks, systems, installations, facilities, and other assets to
inform mitigation planning and infrastructure development.
(b) CONSULTATION.—In determining the availability of an appro-
priate tool to use or adapt for use under subsection (a), the Secretary
shall consult with the Administrator of the Environmental Protec-
tion Agency, the Secretary of Energy, the Secretary of the Interior,
the Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Federal Emergency
Management Agency, the Commander of the Army Corps of Engi-
neers, the Administrator of the National Aeronautics and Space
Administration, a federally funded research and development
center, and the heads of such other relevant Federal agencies as
the Secretary of Defense determines appropriate.
(c) BEST AVAILABLE SCIENCE.—Before choosing a tool for use Certification.
or adaptation for use under subsection (a), the Secretary shall
obtain from a federally funded research and development center
with which the Secretary has consulted under subsection (b) a
certification in writing that the tool relies on the best publicly
available science for the prediction of extreme weather risk and
effective mitigation of that risk.
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the implementation of this
section. Such report shall include—
(1) in the case that a tool has been chosen under subsection
(a) before the date of the submittal of the report, a description
of the tool and how such tool will be used by the Department;
or
(2) in the case that the Secretary determines that no avail- Plan.
able tool meets the requirements of the Department as Cost estimate.
described in subsection (a) or is readily adaptable for use, Timeframe.
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 10 USC 2864
TO INCREASE MILITARY INSTALLATION RESILIENCE. note.
(a) IN GENERAL.—The Secretary of Defense shall—
(1) identify and seek to remove barriers that discourage
investments to increase military installation resilience;
(2) reform policies and programs that unintentionally
increased the vulnerability of systems to related extreme
weather events; and
(3) develop, and update at least once every four years, Time period.
an adaptation plan to assess how climate impacts affected Adaptation plan.
the ability of the Department of Defense to accomplish its Assessment.
mission, and the short-and long- term actions the Department
can take to ensure military installation resilience.
(b) MILITARY INSTALLATION RESILIENCE.—In this section, the Definition.
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 10 USC 221 note.
EXTREME WEATHER.
(a) IN GENERAL.—The Secretary of Defense shall include in
the annual budget submission of the President under section 1105(a)
of title 31, United States Code—
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(1) a dedicated budget line item for adaptation to, and
mitigation of, effects of extreme weather on military networks,
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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
Estimate. (2) an estimate of the anticipated adverse impacts to the
readiness of the Department and the financial costs to the
Department during the year covered by the budget of the loss
of, or damage to, military networks, systems, installations,
facilities, and other assets and capabilities of the Department,
including loss of or obstructed access to training ranges, as
a result extreme weather events.
(b) DISAGGREGATION OF IMPACTS AND COSTS.—The estimate
under subsection (a)(2) shall set forth the adverse readiness impacts
and financial costs under that subsection by military department,
Defense Agency, and other component or element of the Depart-
ment.
(c) EXTREME WEATHER DEFINED.—In this section, the term
‘‘extreme weather’’ means recurrent flooding, drought,
desertification, wildfires, and thawing permafrost.
10 USC 2701 SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND
note. POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-
EAT FOOD PACKAGING.
Deadline. (a) PROHIBITION.—Not later than October 1, 2021, the Director
of the Defense Logistics Agency shall ensure that any food contact
substances that are used to assemble and package meals ready-
to-eat (MREs) procured by the Defense Logistics Agency do not
contain any perfluoroalkyl substances or polyfluoroalkyl substances.
(b) DEFINITIONS.—In this section:
(1) PERFLUOROALKYL SUBSTANCE.—The term
‘‘perfluoroalkyl substance’’ means a man-made chemical of
which all of the carbon atoms are fully fluorinated carbon
atoms.
(2) POLYFLUOROALKYL SUBSTANCE.—The term
‘‘polyfluoroalkyl substance’’ means a man-made chemical con-
taining a mix of fully fluorinated carbon atoms, partially
fluorinated carbon atoms, and nonfluorinated carbon atoms.
10 USC 2701 SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND
note. POLYFLUOROALKYL SUBSTANCES OR AQUEOUS FILM-
FORMING FOAM.
(a) IN GENERAL.—The Secretary of Defense shall ensure that
when materials containing per- and polyfluoroalkyl substances
(referred to in this section as ‘‘PFAS’’) or aqueous film forming
foam (referred to in this section as ‘‘AFFF’’) are disposed—
(1) all incineration is conducted at a temperature range
adequate to break down PFAS chemicals while also ensuring
the maximum degree of reduction in emission of PFAS,
including elimination of such emissions where achievable;
(2) all incineration is conducted in accordance with the
requirements of the Clean Air Act (42 USC 7401 et seq.),
including controlling hydrogen fluoride;
(3) any materials containing PFAS that are designated
for disposal are stored in accordance with the requirement
under part 264 of title 40, Code of Federal Regulations; and
(4) all incineration is conducted at a facility that has been
permitted to receive waste regulated under subtitle C of the
Solid Waste Disposal Act (42 USC 6921 et seq.).
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(b) SCOPE OF APPLICATION.—The requirements in subsection
(a) only apply to all legacy AFFF formulations containing PFAS,
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1313
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 10 USC 2701
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES note.
AND OTHER CONTAMINANTS OF CONCERN.
(a) IN GENERAL.—The Secretary of Defense shall seek to enter
into agreements with municipalities or municipal drinking water
utilities located adjacent to military installations under which both
the Secretary and the municipalities and utilities would share moni-
toring data relating to perfluoroalkyl substances, polyfluoroalkyl
substances, and other emerging contaminants of concern collected
at the military installation.
(b) PUBLICLY AVAILABLE WEBSITE.—The Secretary of Defense
shall maintain a publicly available website that provides a clearing-
house for information about the exposure of members of the Armed
Forces, their families, and their communities to per- and
polyfluoroalkyl substances. The information provided on the website
shall include information on testing, clean-up, and recommended
available treatment methodologies.
(c) PUBLIC COMMUNICATION.—An agreement under subsection
(a) does not negate the responsibility of the Secretary to commu-
nicate with the public about drinking water contamination from
perfluoroalkyl substances, polyfluoroalkyl substances, and other
contaminants.
(d) MILITARY INSTALLATION DEFINED.—In this section, the term
‘‘military installation’’ has the meaning given that term in section
2801(c) of title 10, United States Code.
SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS 10 USC 2701
CONTAMINATION BY PERFLUOROALKYL AND note.
POLYFLUOROALKYL SUBSTANCES.
(a) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—Upon request from the Governor or chief
executive of a State, the Secretary of Defense shall work expedi-
tiously, pursuant to section 2701(d) of title 10, United States
Code, to finalize a cooperative agreement, or amend an existing
cooperative agreement to address testing, monitoring, removal,
and remedial actions relating to the contamination or suspected
contamination of drinking, surface, or ground water from PFAS
originating from activities of the Department of Defense by
providing the mechanism and funding for the expedited review
and approval of documents of the Department related to PFAS
investigations and remedial actions from an active or decommis-
sioned military installation, including a facility of the National
Guard.
(2) MINIMUM STANDARDS.—A cooperative agreement final-
ized or amended under paragraph (1) shall meet or exceed
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the most stringent of the following standards for PFAS in
any environmental media:
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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)).
(C) A health advisory under section 1412(b)(1)(F) of
the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).
(3) OTHER AUTHORITY.—In addition to the requirements
for a cooperative agreement under paragraph (1), when other-
wise authorized to expend funds for the purpose of addressing
ground or surface water contaminated by a perfluorinated com-
pound, the Secretary of Defense may, to expend those funds,
enter into a grant agreement, cooperative agreement, or con-
tract with—
(A) the local water authority with jurisdiction over
the contamination site, including—
(i) a public water system (as defined in section
1401 of the Safe Drinking Water Act (42 U.S.C. 300f));
and
(ii) a publicly owned treatment works (as defined
in section 212 of the Federal Water Pollution Control
Act (33 U.S.C. 1292)); or
(B) a State, local, or Tribal government.
Effective date. (b) REPORT.—Beginning on February 1, 2020, if a cooperative
Deadline. 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
Timeline. (2) setting forth a projected timeline for finalizing or
amending the agreement.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES AND MEMBERS OF CON-
GRESS.—The term ‘‘appropriate committees and Members of
Congress’’ means—
(A) the congressional defense committees;
(B) the Senators who represent a State impacted by
PFAS contamination described in subsection (a)(1); and
(C) the Members of the House of Representatives who
represent a district impacted by such contamination.
(2) FULLY FLUORINATED CARBON ATOM.—The term ‘‘fully
fluorinated carbon atom’’ means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(3) PFAS.—The term ‘‘PFAS’’ means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with
at least one fully fluorinated carbon atom.
(4) STATE.—The term ‘‘State’’ has the meaning given the
term in section 101 of the Comprehensive Environmental
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Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1315
SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS. Deadline.
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. List.
The Secretary of Defense shall provide to the Secretary of
Veterans Affairs and to Congress a list of all locations where open-
air burn pits have been used by the Secretary of Defense, for
the purposes of augmenting the research, healthcare delivery, dis-
ability compensation, and other activities of the Secretary of Vet-
erans Affairs.
SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED
AT CERTAIN LOCATIONS OF THE DEPARTMENT OF THE
NAVY.
(a) REVIEW OF RADIUM TESTING.—Except as provided in sub-
section (b), the Secretary of the Navy shall provide for an inde-
pendent third-party data quality review of all radium testing com-
pleted by contractors of the Department of the Navy at a covered
location.
(b) EXCEPTION.—In the case of a covered location for which Reports.
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 Certification.
for such covered location; and
(2) a description of the results of such review.
(c) COVERED LOCATION DEFINED.—In this section, the term
‘‘covered location’’ means any of the following:
(1) Naval Weapons Industrial Reserve Plant, Bethpage,
New York.
(2) Hunter’s Point Naval Shipyard, San Francisco, Cali-
fornia.
SEC. 336. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION Time periods.
AGENCY FOR CERTAIN COSTS IN CONNECTION WITH THE
TWIN CITIES ARMY AMMUNITION PLANT, MINNESOTA.
(a) TRANSFER AMOUNT.—Notwithstanding section 2215 of title
10, United States Code, the Secretary of Defense may transfer
to the Administrator of the Environmental Protection Agency—
(1) in fiscal year 2020, not more than $890,790; and
(2) in each of fiscal years 2021 through 2026, not more
than $150,000.
(b) PURPOSE OF REIMBURSEMENT.—The amount authorized to
be transferred under subsection (a) is to reimburse the Environ-
mental Protection Agency for costs the Agency has incurred and
will incur relating to the response actions performed at the Twin
Cities Army Ammunition Plant, Minnesota, through September 30,
2025.
(c) INTERAGENCY AGREEMENT.—The reimbursement described
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in subsection (b) is intended to satisfy certain terms of the inter-
agency agreement entered into by the Department of the Army
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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.
10 USC 2911 SEC. 337. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL
note. FUNDS FOR INCREASED COMBAT CAPABILITY THROUGH
ENERGY OPTIMIZATION.
(a) IN GENERAL.—Notwithstanding section 2208 of title 10,
United States Code, the Secretary of Defense and the military
departments may use a working capital fund established pursuant
to that section for expenses directly related to conducting a pilot
program for energy optimization initiatives described in subsection
(b).
(b) ENERGY OPTIMIZATION INITIATIVES.—Energy optimization
initiatives covered by the pilot program include the research,
development, procurement, installation, and sustainment of tech-
nologies or weapons system platforms, and the manpower required
to do so, that would improve the efficiency and maintainability,
extend the useful life, lower maintenance costs, or provide perform-
ance enhancement of the weapon system platform or major end
item.
(c) LIMITATION ON CERTAIN PROJECTS.—Funds may not be used
pursuant to subsection (a) for—
(1) any product improvement that significantly changes
the performance envelope of an end item; or
(2) any single component with an estimated total cost in
excess of $10,000,000.
(d) LIMITATION IN FISCAL YEAR PENDING TIMELY REPORT.—
If during any fiscal year the report required by paragraph (1)
of subsection (e) is not submitted by the date specified in paragraph
(2) of that subsection, funds may not be used pursuant to subsection
(a) during the period—
(1) beginning on the date specified in such paragraph (2);
and
(2) ending on the date of the submittal of the report.
(e) ANNUAL REPORT.—
(1) IN GENERAL.—The Secretary of Defense shall submit
an annual report to the congressional defense committees on
the use of the authority under subsection (a) during the pre-
ceding fiscal year.
(2) DEADLINE FOR SUBMITTAL.—The report required by
paragraph (1) in a fiscal year shall be submitted not later
than 60 days after the date of the submittal to Congress of
the budget of the President for the succeeding fiscal year pursu-
ant to section 1105 of title 31, United States Code.
(3) RECOMMENDATION.—In the case of the report required
to be submitted under paragraph (1) during fiscal year 2020,
the report shall include the recommendation of the Secretary
of Defense and the military departments regarding whether
the authority under subsection (a) should be made permanent.
(f) SUNSET.—The authority under subsection (a) shall expire
on October 1, 2024.
SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY
AT MILITARY INSTALLATIONS.
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(a) REPORT.—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1317
(1) REPORT REQUIRED.—Not later than September 1, 2020,
the Under Secretary of Defense for Acquisition and
Sustainment, in conjunction with the assistant secretaries
responsible for installations and environment for the military
departments and the Defense Logistics Agency, shall submit
to the congressional defense committees a report detailing the
efforts to achieve cost savings at military installations with
high energy intensity.
(2) ELEMENTS.—The report required under paragraph (1) Assessments.
shall include the following elements:
(A) A comprehensive, installation-specific assessment
of feasible and mission-appropriate energy initiatives sup-
porting energy production and consumption at military
installations with high energy intensity.
(B) An assessment of current sources of energy in
areas with high energy intensity and potential future
sources that are technologically feasible, cost-effective, and
mission-appropriate for military installations.
(C) A comprehensive implementation strategy to Strategy.
include required investment for feasible energy efficiency
options determined to be the most beneficial and cost-
effective, where appropriate, and consistent with priorities
of the Department of Defense.
(D) An explanation on how the military departments
are working collaboratively in order to leverage lessons
learned on potential energy efficiency solutions.
(E) An assessment of the extent to which activities
administered under the Federal Energy Management Pro-
gram of the Department of Energy could be used to assist
with the implementation strategy under subparagraph (C).
(F) An assessment of State and local partnership
opportunities that could achieve efficiency and cost savings,
and any legislative authorities required to carry out such
partnerships or agreements.
(3) COORDINATION WITH STATE, LOCAL, AND OTHER ENTI-
TIES.—In preparing the report required under paragraph (1),
the Under Secretary of Defense for Acquisition and
Sustainment may work in conjunction and coordinate with
the States containing areas of high energy intensity, local
communities, and other Federal agencies.
(b) DEFINITION.—In this section, the term ‘‘high energy inten-
sity’’ means costs for the provision of energy by kilowatt of electricity
or British Thermal Unit of heat or steam for a military installation
in the United States that is in the highest 20 percent of all military
installations for a military department.
Subtitle C—Treatment of Contaminated Prompt and Fast
Action to Stop
Water Near Military Installations Damages Act
of 2019.
SEC. 341. SHORT TITLE. 10 USC 2701
note.
This subtitle may be cited as the ‘‘Prompt and Fast Action
to Stop Damages Act of 2019’’.
SEC. 342. DEFINITIONS. 10 USC 2701
note.
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In this subtitle:
(1) PFOA.—The term ‘‘PFOA’’ means perfluorooctanoic acid.
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133 STAT. 1318 PUBLIC LAW 116–92—DEC. 20, 2019
(2) PFOS.—The term ‘‘PFOS’’ means perfluorooctane
sulfonate.
10 USC 2701 SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH
note. PERFLUOROOCTANOIC ACID (PFOA) AND
PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICUL-
TURAL PURPOSES.
(a) AUTHORITY.—
(1) IN GENERAL.—Using amounts authorized to be appro-
priated or otherwise made available for operation and mainte-
nance for the military department concerned, or for operation
and maintenance Defense-wide in the case of the Secretary
of Defense, the Secretary concerned may provide water sources
uncontaminated with perfluoroalkyl and polyfluoroalkyl sub-
stances, including PFOA and PFOS, or treatment of contami-
nated waters, for agricultural purposes used to produce prod-
ucts destined for human consumption in an area in which
a water source has been determined pursuant to paragraph
(2) to be contaminated with such compounds by reason of
activities on a military installation under the jurisdiction of
the Secretary concerned.
(2) APPLICABLE STANDARD.—For purposes of paragraph (1),
an area is determined to be contaminated with PFOA or PFOS
if—
(A) the level of contamination is above the Lifetime
Health Advisory for contamination with such compounds
issued by the Environmental Protection Agency and printed
in the Federal Register on May 25, 2016; or
(B) on or after the date the Food and Drug Administra-
tion sets a standard for PFOA and PFOS in raw agricul-
tural commodities and milk, the level of contamination
is above such standard.
(b) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ means the following:
(1) The Secretary of the Army, with respect to the Army.
(2) The Secretary of the Navy, with respect to the Navy,
the Marine Corps, and the Coast Guard (when it is operating
as a service in the Navy).
(3) The Secretary of the Air Force, with respect to the
Air Force.
(4) The Secretary of Defense, with respect to the Defense
Agencies.
10 USC 2701 SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE.
note.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Air Force may
acquire one or more parcels of real property within the vicinity
of an Air Force base that has shown signs of contamination
from PFOA and PFOS due to activities on the base and which
would extend the contiguous geographic footprint of the base
and increase the force protection standoff near critical infra-
structure and runways.
(2) IMPROVEMENTS AND PERSONAL PROPERTY.—The
authority under paragraph (1) to acquire real property
described in that paragraph shall include the authority to pur-
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chase improvements and personal property located on that
real property.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1319
(3) RELOCATION EXPENSES.—The authority under para-
graph (1) to acquire real property described in that paragraph
shall include the authority to provide Federal financial assist-
ance for moving costs, relocation benefits, and other expenses
incurred in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(b) ENVIRONMENTAL ACTIVITIES.—The Air Force shall conduct
such activities at a parcel or parcels of real property acquired
under subsection (a) as are necessary to remediate contamination
from PFOA and PFOS related to activities at the Air Force base.
(c) FUNDING.—Funds for the land acquisitions authorized under
subsection (a) shall be derived from amounts authorized to be
appropriated for fiscal year 2020 for military construction or the
unobligated balances of appropriations for military construction
that are enacted after the date of the enactment of this Act.
(d) RULE OF CONSTRUCTION.—The authority under this section
constitutes authority to carry out land acquisitions for purposes
of section 2802 of title 10, United States Code.
SEC. 345. REMEDIATION PLAN. 10 USC 2701
note.
(a) IN GENERAL.—Not later than 180 days after the date of Deadline.
the enactment of this Act, the Secretary of Defense shall submit
to Congress a remediation plan for cleanup of all water at or
adjacent to a military installation that is contaminated with PFOA
or PFOS.
(b) STUDY.—In preparing the remediation plan under subsection
(a), the Secretary shall conduct a study on the contamination of
water at military installations with PFOA or PFOS.
(c) BUDGET AMOUNT.—The Secretary shall ensure that each
budget of the President submitted to Congress under section 1105(a)
of title 31, United States Code, requests funding in amounts nec-
essary to address remediation efforts under the remediation plan
submitted under subsection (a).
Subtitle D—Logistics and Sustainment
SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES.
(a) ANNUAL REPORT ON MAJOR WEAPONS SYSTEMS
SUSTAINMENT.—
(1) IN GENERAL.—Chapter 2 of title 10, United States Code,
is amended by inserting after section 117 the following new
section:
‘‘§ 118. Annual report on major weapons systems sustainment 10 USC 118.
‘‘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— Assessments.
‘‘(1) an assessment of the materiel availability, materiel
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reliability, and mean down time metrics for each major weapons
system;
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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) CLERICAL AMENDMENT.—The table of sections at the
10 USC 111 prec. beginning of such chapter is amended by inserting after the
item relating to section 117 the following new item:
‘‘118. Annual report on major weapons systems sustainment.’’.
(b) ASSESSMENT OF MATERIEL READINESS AND WEAPONS SYSTEM
SUSTAINMENT.—
Deadline. (1) ASSESSMENT REQUIRED.—Not later than March 1, 2020,
the Secretary of Defense shall complete a comprehensive assess-
ment of the materiel readiness and weapons systems
sustainment of the Department of Defense across the Depart-
ment organic industrial base and industry partners.
(2) CONTENTS.—The assessment required by paragraph (1)
shall include—
(A) an assessment of the overall readiness strategy
of the Department of Defense and the capability of such
strategy to measure, track, and assess the readiness of
major weapons systems;
(B) an assessment of the use of objectives and metrics;
(C) a description of applicable reporting requirements;
and
(D) applicable definitions and common usage of rel-
evant terms, including the terms ‘‘major weapons system’’,
‘‘covered asset’’, ‘‘total and required inventory’’, ‘‘materiel
and operational availability’’, ‘‘materiel and operational
capability’’, ‘‘materiel and operational reliability’’, and
‘‘maintenance costs’’.
(3) SUBMISSION TO CONGRESS.—The Secretary shall provide
to the congressional defense committees—
Briefing. (A) a briefing on the assessment required by paragraph
Deadline. (1) by not later than March 1, 2020; and
Reports. (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’’;
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(B) by striking ‘‘carried out with’’ and inserting ‘‘funded
using’’; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1321
(C) by adding at the end the following new subpara-
graph:
‘‘(B) For purposes of applying subparagraph (A), the dollar Applicability.
limitation specified in subsection (a)(2) of section 2805 of this title,
subject to adjustment as provided in subsection (f) of such section,
shall apply rather than the dollar limitation specified in subsection
(c) of such section.’’; and
(3) in paragraph (4), by striking ‘‘carry out’’ and inserting
‘‘fund’’.
SEC. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS
FORWARD DEPLOYMENT OF NAVAL VESSELS.
Section 323 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232) is amended— 10 USC 8690
(1) by redesignating subsection (c) as subsection (d); and note.
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) EXTENSION OF LIMITATION ON LENGTH OF OVERSEAS FOR-
WARD DEPLOYMENT FOR U.S.S. SHILOH (CG–67).—Notwithstanding Deadline.
subsection (b), the Secretary of the Navy shall ensure that the
U.S.S. Shiloh (CG–67) is assigned a homeport in the United States
by not later than September 30, 2023.’’.
SEC. 354. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION
AUTHORITY FOR ARSENALS, DEPOTS, AND PLANTS.
Section 345(d) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2667 note) is
amended by striking ‘‘September 30, 2020’’ and inserting ‘‘Sep-
tember 30, 2025’’.
SEC. 355. F–35 JOINT STRIKE FIGHTER SUSTAINMENT.
(a) LIMITATION ON USE OF FUNDS.—Of the amounts authorized
to be appropriated or otherwise made available in this Act for
the Office of the Under Secretary of Defense for Acquisition and
Sustainment for fiscal year 2020, not more than 75 percent may
be obligated or expended until the date on which the Under Sec-
retary submits the report required by subsection (b).
(b) REPORT REQUIRED.—The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on steps being taken to improve the availability and account-
ability of F–35 parts within the supply chain. At a minimum, Plan.
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,
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Department of Defense Manuals, and other applicable regula-
tions.
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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.
Coordination. 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:
List. (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.
Guidance. (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.
10 USC 8685 SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRIT-
note. ICAL SHIPBUILDING SKILLS.
(a) ESTABLISHMENT.—The Secretary of the Navy may carry
out a pilot program to train individuals to become skilled techni-
cians in critical shipbuilding skills such as welding, metrology,
quality assurance, machining, and additive manufacturing.
(b) PARTNERSHIPS.—In carrying out the pilot program under
this section, the Secretary may partner with existing Federal or
State projects relating to investment and infrastructure in training
and education or workforce development, such as the National
Network for Manufacturing Innovation, the Industrial Base Anal-
ysis and Sustainment program of the Department of Defense, and
the National Maritime Educational Council.
(c) TERMINATION.—The authority to carry out a pilot program
under this section shall terminate on September 30, 2025.
Time periods. (d) BRIEFINGS.—If the Secretary carries out a pilot program
under this section, the Secretary shall provide briefings to the
Committees on Armed Services of the Senate and the House of
Representatives as follows:
(1) Not later than 30 days before beginning to implement
the pilot program, the Secretary shall provide a briefing on
the plan, cost estimate, and schedule for the pilot program.
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(2) Not less frequently than annually during the period
when the pilot program is carried out, the Secretary shall
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1323
provide briefings on the progress of the Secretary in carrying
out the pilot program.
SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE 10 USC 2460
DEPOT MAINTENANCE. note.
(a) JOINT PROCESS FOR TECHNICAL COMPLIANCE AND QUALITY
CONTROL.—If the Secretary of a military department transfers any
maintenance action on a platform to a depot under the jurisdiction
of the Secretary of another military department, the two Secretaries
shall develop and implement a process to ensure the technical
compliance and quality control for the work performed.
(b) REQUIREMENTS.—A process developed under subsection (a)
shall include the following requirements—
(1) The Secretary of the military department with jurisdic-
tion over the depot to which the maintenance action is trans-
ferred shall—
(A) ensure that the technical specifications, require-
ments, and standards for work to be performed are provided
to such action or depot; and
(B) implement procedures to ensure that completed Procedures.
work complies with such specifications, requirements and
standards.
(2) The Secretary who transfers the maintenance activity
or depot shall ensure that—
(A) the technical specifications and requirements are
clearly understood; and
(B) the work performed is completed to the technical
specifications, requirements, and standards prescribed
under paragraph (1), and that the Secretary of the military
department with jurisdiction over the depot is informed
of any shortcoming or discrepancy.
(c) REPORTS.—Not later than 180 days after the date of the Certification.
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 10 USC 2476
DEPOTS OF THE DEPARTMENT OF DEFENSE. note.
(a) STRATEGY REQUIRED.—Not later than October 1, 2020, the Deadline.
Secretary of Defense shall submit to the congressional defense
committees a comprehensive strategy for improving the depot infra-
structure of the military departments with the objective of ensuring
that all covered depots have the capacity and capability to support
the readiness and material availability goals of current and future
weapon systems of the Department of Defense.
(b) ELEMENTS.—The strategy under subsection (a) shall include
the following:
(1) A comprehensive review of the conditions and perform- Reviews.
ance at each covered depot, including the following:
(A) An assessment of the current status of the following Assessment.
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elements:
(i) Cost and schedule performance of the depot.
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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).
Analysis. (2) A business-case analysis that assesses investment alter-
Assessments. natives comparing cost, performance, risk, and readiness out-
comes and recommends an optimal investment approach across
the Department of Defense to ensure covered depots efficiently
and effectively meet the readiness goals of the Department,
including an assessment of the following alternatives:
(A) The minimum investment necessary to meet invest-
ment requirements under section 2476 of title 10, United
States Code.
(B) The investment necessary to ensure the current
inventory of facilities at covered depots can meet the mis-
sion-capable, readiness, and contingency goals of the Sec-
retary of Defense.
(C) The investment necessary to execute the depot
infrastructure optimization plans of each military depart-
ment.
(D) Any other strategies for investment in covered
depots, as identified by the Secretary.
Plan. (3) A plan to improve conditions and performance of covered
depots that identifies the following:
(A) The approach of the Secretary of Defense for
achieving the goals outlined in paragraph (1)(B).
(B) The resources and investments required to imple-
ment the plan.
(C) The activities and milestones required to imple-
ment the plan.
Assessments. (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.
Review. (F) A process for conducting regular management
Coordination. review and coordination of the progress of each military
department in implementing the plan and achieving such
goals.
Time period. (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-
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year period preceding the date of submittal of the strategy
under this section.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1325
(H) Risks to implementing the plan and mitigation
strategies to address those risks.
(c) ANNUAL REPORT ON PROGRESS.—As part of the annual
budget submission of the President under section 1105(a) of title
31, United States Code, the Secretary of Defense shall submit
to the congressional defense committees a report describing the
progress made in—
(1) implementing the strategy under subsection (a); and
(2) achieving the goals outlined in subsection (b)(1)(B).
(d) COMPTROLLER GENERAL REPORTS.—
(1) ASSESSMENT OF STRATEGY.—Not later than January
1, 2021, the Comptroller General of the United States shall
submit to the congressional defense committees a report
assessing the extent to which the strategy under subsection
(a) meets the requirements of this section.
(2) ASSESSMENT OF IMPLEMENTATION.—Not later than April
1, 2022, the Comptroller General shall submit to the congres-
sional defense committees a report setting forth an assessment
of the extent to which the strategy under subsection (a) has
been effectively implemented by each military department and
the Secretary of Defense.
(e) COVERED DEPOT DEFINED.—In this section, the term ‘‘cov-
ered depot’’ has the meaning given that term in section 2476(e)
of title 10, United States Code.
Subtitle E—Reports
SEC. 361. READINESS REPORTING.
(a) READINESS REPORTING SYSTEM.—Section 117 of title 10,
United States Code, is amended—
(1) by striking subsections (d) through (g); and
(2) by redesignating subsection (h) as subsection (d).
(b) QUARTERLY REPORTS.—Section 482 of title 10, United States
Code, is amended—
(1) in the section heading, by striking ‘‘Quarterly reports:
personnel and unit readiness’’ and inserting ‘‘Readiness
reports’’;
(2) in subsection (a)—
(A) In the subsection heading, by striking ‘‘QUARTERLY
REPORTS REQUIRED’’ and inserting ‘‘REPORTS AND
BRIEFINGS’’;
(B) In the first sentence—
(i) by striking ‘‘Not later’’ and inserting ‘‘(1) Not
later’’; and
(ii) by striking ‘‘each calendar-year quarter’’ and
inserting ‘‘the second and fourth quarter of each cal-
endar year’’;
(C) by striking the second and third sentences and Records.
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:
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‘‘(2) Not later than 30 days after the end of the first and Deadline.
third quarter of each calendar year, the Secretary of Defense shall Briefing.
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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) REQUIRED ELEMENTS.—The elements described in this sub-
section are each of the following:
‘‘(1) A description of each readiness problem or deficiency
that affects the ground, sea, air, space, cyber, or special oper-
ations forces, and any other area determined appropriate by
the Secretary of Defense.
‘‘(2) The key contributing factors, indicators, and other
relevant information related to each identified problem or defi-
ciency.
Strategy. ‘‘(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.
Summary. ‘‘(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.
Summary. ‘‘(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.
Summary. ‘‘(6) A summary of the readiness of supporting capabilities,
including infrastructure, prepositioned equipment and supplies,
and mobility assets, and other supporting logistics capabilities.
Summary. ‘‘(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.
List. ‘‘(8) A list of all Class A, Class B, and Class C mishaps
that occurred in operations related to combat support and
training events involving aviation, ground, or naval platforms,
weapons, space, or Government vehicles, as defined by Depart-
ment of Defense Instruction 6055.07, or a successor instruction.
‘‘(9) Information on the extent to which units of the armed
forces have removed serviceable parts, supplies, or equipment
from one vehicle, vessel, or aircraft in order to render a different
vehicle, vessel, or aircraft operational.
‘‘(10) Such other information as determined necessary or
appropriate by the Secretary of Defense.’’;
(4) by striking subsections (d) through (h) and subsection
(j);
(5) by redesignating subsection (i) as subsection (e); and
(6) by inserting after subsection (c) the following new sub-
sections (d):
‘‘(d) SEMI-ANNUAL JOINT FORCE READINESS REVIEW.—(1) Not
later than 30 days after the last day of the first and third quarter
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of each calendar year, the Chairman of the Joint Chiefs of Staff
shall submit to Congress a written report on the capability of
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1327
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.
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 Records.
a copy of each report under this subsection.’’.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 23 of such title is amended by striking the item 10 USC 480 prec.
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 10 USC 117 note.
amended by striking ‘‘October 1, 2019’’ and inserting ‘‘October 1,
2020’’.
SEC. 363. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.
(a) IN GENERAL.—Not later than March 1 of each of 2020,
2021, and 2022, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and House of Rep-
resentatives a report on the Operation and Maintenance, Ship
Depot Maintenance budget sub-activity group.
(b) ELEMENTS.—The report required under subsection (a) shall
include each of the following elements:
(1) A breakdown of funding, categorized by class of ship,
requested for ship and submarine maintenance.
(2) A description of how the requested funding, categorized
by class of ship, compares to the identified ship maintenance
requirement.
(3) The amount of funds appropriated for each class of
ship for the preceding fiscal year.
(4) The amount of funds obligated and expended for each
class of ship for each of the three preceding fiscal years.
(5) The cost, categorized by class of ship, of unplanned
growth work for each of the three preceding fiscal years.
SEC. 364. REPORT ON RUNIT DOME.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Energy shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the status of the Runit Dome in
the Marshal Islands.
(b) MATTERS FOR INCLUSION.—The report required by sub- Assessments.
section (a) shall include each of the following:
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(1) A detailed plan to repair the dome to ensure that Plan.
it does not have any harmful effects to the local population,
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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.
Summary. (6) A summary of interactions between the Government
of the United States and the government of the Marshall
Islands about the dome.
Public (c) FORM OF REPORT.—The report required by subsection (a)
information. shall be submitted in unclassified form and made publicly available.
10 USC 482 note. SEC. 365. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS
OF UNIT RATINGS IN MONTHLY READINESS REPORTING
ON MILITARY UNITS.
(a) IN GENERAL.—The Chairman of the Joint Chiefs of Staff
shall modify Chairman of the Joint Chiefs of Staff Instruction
(CJCSI) 3401.02B, on Force Readiness Reporting, to prohibit the
commander of a military unit who is responsible for monthly
reporting of the readiness of the unit under the instruction from
making any upgrade of the overall rating of the unit (commonly
referred to as the ‘‘C-rating’’) for such reporting purposes based
in whole or in part on subjective factors.
(b) WAIVER.—
(1) IN GENERAL.—The modification required by subsection
(a) shall authorize an officer in a general or flag officer grade
in the chain of command of a commander described in that
subsection to waive the prohibition described in that subsection
in connection with readiness reporting on the unit concerned
if the officer considers the waiver appropriate in the cir-
cumstances.
(2) REPORTING ON WAIVERS.—Each report on personnel and
unit readiness submitted to Congress for a calendar year
quarter pursuant to section 482 of title 10, United States Code,
shall include information on each waiver, if any, issued pursu-
ant to paragraph (1) during such calendar year quarter.
10 USC 117 note. 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.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1329
Subtitle F—Other Matters
SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING
ROUTES AND MILITARY OPERATIONS AREAS.
Section 183a of title 10, United States Code, is amended—
(1) in subsection (c)(6), in the second sentence—
(A) by striking ‘‘radar or airport surveillance radar
operated’’ and inserting ‘‘radar, airport surveillance radar,
or wide area surveillance over-the-horizon radar operated’’;
and
(B) by inserting ‘‘Any setback for a project pursuant
to the previous sentence shall not be more than what
is determined to be necessary by a technical analysis con-
ducted by the Lincoln Laboratory at the Massachusetts
Institute of Technology or any successor entity.’’ after ‘‘miti-
gation options.’’;
(2) in subsection (d)—
(A) in paragraph (2)(E), by striking ‘‘to a Deputy Sec-
retary of Defense, an Under Secretary of Defense, or a
Principal Deputy Under Secretary of Defense’’ and inserting
‘‘to the Deputy Secretary of Defense, an Under Secretary
of Defense, or a Deputy Under Secretary of Defense’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph (3):
‘‘(3) The governor of a State may recommend to the Secretary Recommenda-
of Defense additional geographical areas of concern within that tions.
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 Definition.
the chief executive officer of the State.’’;
(C) in paragraph (7), as redesignated by subparagraph
(A), by striking ‘‘by the Federal Aviation Administration’’
and inserting ‘‘by the Administrator of the Federal Aviation
Administration’’; and
(D) by inserting after paragraph (7), as redesignated
by subparagraph (A), the following new paragraph:
‘‘(8) The term ‘State’ means the several States, the District Definition.
of Columbia, the Commonwealth of Puerto Rico, the Common-
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wealth of the Northern Mariana Islands, Guam, the United
States Virgin Islands, and American Samoa.’’.
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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) TRANSFER AND ADOPTION GENERALLY.—Section 2583 of title
10, United States Code, is amended—
(1) in subsection (a)—
(A) in the subsection heading, by inserting ‘‘TRANSFER
OR’’ before ‘‘ADOPTION’’; and
(B) by striking ‘‘adoption’’ each place it appears and
inserting ‘‘transfer or adoption’’;
(2) in subsection (b)—
(A) in the subsection heading, by inserting ‘‘TRANSFER
OR’’ before ‘‘ADOPTION’’; and
(B) in the first sentence, by striking ‘‘adoption’’ and
inserting ‘‘transfer or adoption’’; and
(C) in the second sentence, striking ‘‘adoptability’’ and
inserting ‘‘transferability or adoptability’’;
(3) in subsection (c)(1)—
(A) in the matter preceding subparagraph (A)—
(i) by inserting ‘‘transfer or’’ before ‘‘adoption’’; and
(ii) by inserting ‘‘, by’’ after ‘‘recommended pri-
ority’’;
(B) in subparagraphs (A) and (B), by inserting ‘‘adop-
tion’’ before ‘‘by’’;
(C) in subparagraph (B), by inserting ‘‘or organizations’’
after ‘‘persons’’; and
(D) in subparagraph (C), by striking ‘‘by’’ and inserting
‘‘transfer to’’; and
(4) in subsection (e)—
(A) in the subsection heading, by inserting ‘‘OR
ADOPTED’’after ‘‘TRANSFERRED’’;
(B) in paragraphs (1) and (2), by striking ‘‘transferred’’
each place it appears and inserting ‘‘transferred or
adopted’’; and
(C) in paragraph (2), by striking ‘‘transfer’’ each place
it appears and inserting ‘‘transfer or adoption’’.
(b) VETERINARY SCREENING AND CARE FOR MILITARY WORKING
DOGS TO BE RETIRED.—Such section is further amended—
(1) by redesignating subsections (f), (g), and (h) as sub-
sections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) VETERINARY SCREENING AND CARE FOR MILITARY WORKING
DOGS TO BE RETIRED.—(1)(A) If the Secretary of the military
department concerned determines that a military working dog
should be retired, such Secretary shall transport the dog to the
Veterinary Treatment Facility at Lackland Air Force Base, Texas.
‘‘(B) In the case of a contract working dog to be retired,
transportation required by subparagraph (A) is satisfied by the
transfer of the dog to the 341st Training Squadron at the end
of the dog’s service life as required by section 2410r of this title
and assignment of the dog to the Veterinary Treatment Facility
referred to in that subparagraph.
‘‘(2)(A) The Secretary of Defense shall ensure that each dog
transported as described in paragraph (1) to the Veterinary Treat-
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ment Facility referred to in that paragraph is provided with a
full veterinary screening, and necessary veterinary care (including
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1331
surgery for any mental, dental, or stress-related illness), before
transportation of the dog in accordance with subsection (g).
‘‘(B) For purposes of this paragraph, stress-related illness
includes illness in connection with post-traumatic stress, anxiety
that manifests in a physical ailment, obsessive compulsive behavior,
and any other stress-related ailment.
‘‘(3) Transportation is not required under paragraph (1), and
screening and care is not required under paragraph (2), for a
military working dog located outside the United States if the Sec-
retary of the military department concerned determines that
transportation of the dog to the United States would not be in
the best interests of the dog for medical reasons.’’.
(c) COORDINATION OF SCREENING AND CARE REQUIREMENTS
WITH TRANSPORTATION REQUIREMENTS.—Subsection (g) of such sec-
tion, as redesignated by subsection (b)(1) of this section, is amended
to read as follows:
‘‘(g) TRANSPORTATION OF RETIRING MILITARY WORKING DOGS.—
Upon completion of veterinary screening and care for a military
working dog to be retired pursuant to subsection (f), the Secretary
of the military department concerned shall—
‘‘(1) if the dog was at a location outside the United States
immediately prior to transportation for such screening and
care and a United States citizen or member of the armed
forces living abroad agrees to adopt the dog, transport the
dog to such location for adoption; or
‘‘(2) for any other dog, transport the dog—
‘‘(A) to the 341st Training Squadron;
‘‘(B) to another location within the United States for
transfer or adoption under this section.’’.
(d) PRESERVATION OF POLICY ON TRANSFER OF MILITARY
WORKING DOGS TO LAW ENFORCEMENT AGENCIES.—Subsection (h)
of such section, as so redesignated, is amended in paragraph (3)
by striking ‘‘adoption of military working dogs’’ and all that follows
through the period at the end and inserting ‘‘transfer of military
working dogs to law enforcement agencies before the end of the
dogs’ useful working lives.’’.
(e) CLARIFICATION OF HORSES TREATABLE AS MILITARY ANI-
MALS.—Subsection (i) of such section, as so redesignated, is amended
by striking paragraph (2) and inserting the following new paragraph
(2):
‘‘(2) An equid (horse, mule, or donkey) owned by the Depart-
ment of Defense.’’.
(f) CONTRACT TERM FOR CONTRACT WORKING DOGS.—Section
2410r(a) of title 10, United States Code, is amended—
(1) by inserting ‘‘, and shall contain a contract term,’’ after
‘‘shall require’’;
(2) by inserting ‘‘and assigned for veterinary screening
and care in accordance with section 2583 of this title’’ after
‘‘341st Training Squadron’’; and
(3) by striking ‘‘section 2583 of this title’’ and inserting
‘‘such section’’.
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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) REPORT ON PERSONAL PROPERTY PROGRAM IMPROVEMENT
ACTION PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment and the Under Secretary of
Defense for Personnel and Readiness shall jointly submit to
the congressional defense committees a report on implementa-
tion of the Personal Property Program Improvement Action
Plan that was developed by the Personnel Relocation/Household
Goods Movement Cross-Functional Team.
(2) CONTENTS OF REPORT.—The report required under para-
graph (1) shall include updated information on the efforts of
the Department of Defense to—
(A) integrate permanent-change-of-station orders with
transportation systems;
(B) reduce the number of report dates during peak
moving season;
(C) synchronize the communication of information
about orders to all parties involved, including industry;
(D) improve lead time for permanent-change-of-station
orders;
(E) meet quality assurance inspection standards;
(F) improve the claims review process; and
(G) incorporate predictive analytics to anticipate poten-
tially problematic shipments.
Deadline. (3) BRIEFING.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment and the Assistant Secretary
of Defense for Personnel and Readiness shall jointly provide
to the congressional defense committees a briefing on the report
required under this subsection.
Deadline. (b) BUSINESS CASE ANALYSIS.—Not later than 30 days after
the date of the enactment of this Act, the Commander of United
States Transportation Command shall submit to the congressional
defense committees a business case analysis for the proposed award
of a global household goods contract for the defense personal prop-
erty program.
Analyses. (c) GAO REPORT.—Not later than 30 days after the date on
which the Commander of United States Transportation Command
submits the business case analysis required by subsection (b), the
Comptroller General of the United States shall submit to the
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congressional defense committees a report on a comprehensive study
conducted by the Comptroller General that includes—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1333
(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 Recommenda-
Department of Defense for the defense personal property pro- tions.
gram.
(d) LIMITATION.—None of the funds authorized to be appro- Effective date.
priated by this Act or otherwise made available for the Department
of Defense for fiscal year 2020 may be used to enter into a global
household goods contract until April 1, 2020.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘global household goods contract’’ means the
solicitation managed by United States Transportation Com-
mand to engage a private entity to manage the defense personal
property program.
(2) The term ‘‘defense personal property program’’ means
the Department of Defense program used to manage the ship-
ment of the baggage and household effects of members of the
Armed Forces under section 476 of title 37, United States
Code.
SEC. 376. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE
FACILITY.
(a) REQUIREMENT.—At least once every calendar quarter, the Time period.
Secretary of the Navy, or the designee of the Secretary, shall
hold an event that is open to the public at which the Secretary
shall provide up-to-date information about the Red Hill Bulk Fuel
Storage Facility.
(b) TERMINATION.—The requirement to hold events under sub-
section (a) shall terminate on the earlier of the following dates:
(1) September 30, 2025.
(2) The date on which the Red Hill Bulk Fuel Storage
Facility ceases operation.
SEC. 377. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS
TRAINING PROGRAM.
It is the sense of Congress that—
(1) the Innovative Readiness Training program is an effec-
tive training program for members of the Armed Forces and
is highly beneficial to civilian-military relationships with local
American communities;
(2) due to the geographic complexities and realities of non-
contiguous States and territories, Innovative Readiness
Training has lent greater benefit to such States and territories
while providing unique and realistic training opportunities and
deployment readiness for members of the Armed Forces;
(3) the Department of Defense should pursue continued
Innovative Readiness Training opportunities, and, where
applicable, strongly encourage the use of Innovative Readiness
Training in non-contiguous States and territories; and
(4) in considering whether to recommend a project, the
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Secretary should consider the benefits of the project to the
economy of a region damaged by natural disasters.
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133 STAT. 1334 PUBLIC LAW 116–92—DEC. 20, 2019
SEC. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DIS-
POSAL.
(a) IN GENERAL.—The Secretary of the Navy shall purchase
and operate a portable closed detonation chamber and water jet
cutting system to be deployed at a former naval bombardment
area located outside the continental United States that is part
of an active remediation program using amounts made available
Determination. for environmental restoration, Navy. Upon a determination by the
Secretary of the Navy that the chamber has completed the mission
of destroying appropriately sized munitions at such former naval
bombardment area, the Secretary may deploy the chamber to
another location.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for fiscal year 2020 $10,000,000 to carry out
subsection (a).
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Sec. 415. Authorized strengths for Marine Corps Reserves on active duty.
Sec. 416. Modification of authorized strength of Air Force Reserve serving on full-
time reserve component duty for administration of the reserves or the
National Guard.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the following
new paragraphs:
‘‘(1) For the Army, 480,000.
‘‘(2) For the Navy, 340,500.
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‘‘(3) For the Marine Corps, 186,200.
‘‘(4) For the Air Force, 332,800.’’.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1335
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of such
reserve component shall be increased proportionately by the total
authorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2020, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
(a) IN GENERAL.—The minimum number of military technicians
(dual status) as of the last day of fiscal year 2020 for the reserve
components of the Army and the Air Force (notwithstanding section
129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
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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) LIMITATION.—Under no circumstances may a military
technician (dual status) employed under the authority of this section
be coerced by a State into accepting an offer of realignment or
conversion to any other military status, including as a member
of the Active, Guard, and Reserve program of a reserve component.
If a military technician (dual status) declines to participate in
such realignment or conversion, no further action will be taken
against the individual or the individual’s position.
(c) ADJUSTMENT OF AUTHORIZED STRENGTH.—
(1) IN GENERAL.—If, at the end of fiscal year 2019, the
Air National Guard of the United States does not meet its
full-time support realignment goals for such fiscal year (as
presented in the justification materials of the Department of
Defense in support of the budget of the President for such
fiscal year under section 1105 of title 31, United States Code),
the authorized number of military technicians (dual status)
of the Air National Guard of the United States under subsection
(a)(3) shall be increased by the number equal to the difference
between—
(A) 3,190, which is the number of military technicians
(dual status) positions in the Air National Guard of the
United States sought to be converted to the Active, Guard,
and Reserve program of the Air National Guard during
fiscal year 2019; and
(B) the number of realigned positions achieved in the
Air National Guard by the end of fiscal year 2019.
(2) LIMITATION.—The increase under paragraph (1) in the
authorized number of military technician (dual status) positions
described in that paragraph may not exceed 2,292.
(3) DECREASE IN AUTHORIZED NUMBER OF ANGUS RESERVES
ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.—In the event
of an adjustment to the authorized number military technicians
(dual status) of the Air National Guard of the United States
under this subsection, the number of members of the Air
National Guard of the United States authorized by section
412(5) to be on active duty as of September 30, 2020, shall
be decreased by the number equal to the number of such
adjustment.
Deadline. (d) CERTIFICATION.—Not later than January 1, 2020, the Chief
of the National Guard Bureau shall certify to the Committees
on Armed Services of the Senate and House of Representatives
the number of positions realigned from a military technician (dual
status) position to a position in the Active, Guard, and Reserve
program of a reserve component in fiscal year 2019.
(e) DEFINITIONS.—In subsections (b), (c), and (d):
(1) The term ‘‘realigned position’’ means any military
technician (dual status) position which has been converted or
realigned to a position in an Active, Guard, and Reserve pro-
gram of a reserve component under the full time support rebal-
ancing plan of the Armed Force concerned, regardless of
whether such position is encumbered.
(2) The term ‘‘Active, Guard, and Reserve program’’, in
the case of a reserve component, means the program of the
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reserve component under which Reserves serve on full-time
active duty or full-time duty, in the case of members of the
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1337
National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training such reserve component.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2020, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
SEC. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES
ON ACTIVE DUTY.
(a) OFFICERS.—Section 12011(a)(1) of title 10, United States
Code, is amended by striking those parts of the table pertaining
to the Marine Corps Reserve and inserting the following:
‘‘Marine Corps Reserve:
1,000 ................................ 99 63 20
1,200 ................................ 103 67 21
1,300 ................................ 107 70 22
1,400 ................................ 111 73 23
1,500 ................................ 114 76 24
1,600 ................................ 117 79 25
1,700 ................................ 120 82 26
1,800 ................................ 123 85 27
1,900 ................................ 126 88 28
2,000 ................................ 129 91 29
2,100 ................................ 132 94 30
2,200 ................................ 134 97 31
2,300 ................................ 136 100 32
2,400 ................................ 143 105 34
2,500 ................................ 149 109 35
2,600 ................................ 155 113 36
2,700 ................................ 161 118 37
2,800 ................................ 167 122 39
2,900 ................................ 173 126 41
3,000 ................................ 179 130 42’’.
(c) SENIOR ENLISTED MEMBERS.—Section 12012(a) of title 10,
United States Code, is amended by striking those parts of the
table pertaining to the Marine Corps Reserve and inserting the
following:
‘‘Marine Corps Reserve:
1,100 ........................................................ 50 11
1,200 ........................................................ 55 12
1,300 ........................................................ 60 13
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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) IN GENERAL.—The table in section 12011(a)(1) of title 10,
United States Code, is amended by striking the matter relating
to the Air Force Reserve and inserting the following new matter:
‘‘Air Force Reserve
1,000 166 170 100
1,500 245 251 143
2,000 322 330 182
2,500 396 406 216
3,000 467 479 246
3,500 536 550 271
4,000 602 618 292
4,500 665 683 308
5,000 726 746 320
5,500 784 806 325
6,000 840 864 327
7,000 962 990 347
8,000 1,087 1,110 356
10,000 1,322 1,362 395’’.
10 USC 12011 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
note. shall take effect on October 1, 2019, and shall apply with respect
to fiscal years beginning on or after that date.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1339
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2020 for the use
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2020.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Maker of original appointments in a regular or reserve component of com-
missioned officers previously subject to original appointment in other
type of component.
Sec. 502. Furnishing of adverse information on officers to promotion selection
boards.
Sec. 503. Limitation on number of officers recommendable for promotion by pro-
motion selection boards.
Sec. 504. Expansion of authority for continuation on active duty of officers in cer-
tain military specialties and career tracks.
Sec. 505. Management policies for joint qualified officers.
Sec. 506. Modification of authorities on management of deployments of members of
the Armed Forces and related unit operating and personnel tempo mat-
ters.
Sec. 507. Personnel tempo of the Armed Forces and the United States Special Op-
erations Command during periods of inapplicability of high-deployment
limitations.
Sec. 508. Permanent authority to defer past age 64 the retirement of chaplains in
general and flag officer grades.
Sec. 509. Higher grade in retirement for officers following reopening of determina-
tion or certification of retired grade.
Sec. 510. Authority of promotion boards to recommend that officers of particular
merit be placed higher on promotion list.
Sec. 510A. Availability on the internet of certain information about officers serving
in general or flag officer grades.
Sec. 510B. Functional badge or insignia upon commission for chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Modification of grade level threshold for Junior Reserve Officers’ Training
Corps.
Sec. 512. Inclusion of STEM in courses of instruction for the Junior Reserve Offi-
cers’ Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers’ Training
Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and resilience
program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical
specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the appoint-
ment or designation of National Guard property and fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers’ Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit va-
cancy promotions by commanders of associated active duty units.
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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
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for victims of sexual assault following certain victim or third-party com-
munications.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1341
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.
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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
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Sec. 591. Clarification of the term ‘‘assault’’ for purposes of Workplace and Gender
Relations Surveys.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1343
Sec. 592. Inclusion of certain veterans on temporary disability or permanent dis-
abled retirement lists in military adaptive sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the workplace.
Sec. 594. Study on best practices for providing financial literacy education for sepa-
rating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades of commis-
sioned regular and reserve officers of the Armed Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of Defense to
support agencies of States, Territories, and the Federal Government.
Sec. 599. Information for members of the Armed Forces on availability of services
of the Department of Veterans Affairs relating to sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles E. McGee,
United States Air Force (ret.), to the grade of brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to Lieuten-
ant Colonel Richard Cole, United States Air Force (ret.), to the grade
of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service of General
Joseph F. Dunford, United States Marine Corps, to the United States.
Subtitle A—Officer Personnel Policy
SEC. 501. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR
RESERVE COMPONENT OF COMMISSIONED OFFICERS PRE-
VIOUSLY SUBJECT TO ORIGINAL APPOINTMENT IN OTHER
TYPE OF COMPONENT.
(a) MAKER OF REGULAR APPOINTMENTS IN TRANSFER FROM
RESERVE ACTIVE-STATUS LIST TO ACTIVE-DUTY LIST.—Section 531(c)
of title 10, United States Code, is amended by striking ‘‘the Sec-
retary concerned’’ and inserting ‘‘the Secretary of Defense’’.
(b) MAKER OF RESERVE APPOINTMENTS IN TRANSFER FROM
ACTIVE-DUTY LIST TO RESERVE ACTIVE-STATUS LIST.—Section
12203(b) of such title is amended by striking ‘‘the Secretary con-
cerned’’ and inserting ‘‘the Secretary of Defense’’.
(c) REPORT.—Not later than April 1, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth
the following:
(1) The average number per fiscal year, during fiscal years
2010 through 2019, of transfers of appointment from regular
officer to reserve officer in the Armed Forces, set forth by
each of transfers requiring and transfers not requiring appoint-
ment by and with the advice and consent of the Senate.
(2) The average amount of time required per fiscal year,
during such fiscal years, for completion of a transfer of appoint-
ment from regular officer to reserve officer in situations not
requiring appointment by and with the advice and consent
of the Senate.
(3) An assessment of the number of officers who experience Assessment.
a break-in-service due to delays in transfer of appointment
from regular officer to reserve officer as a result of the require-
ment for appointment by and with the advice and consent
of the Senate.
(4) An assessment of the feasibility and advisability of Assessment.
each of the following:
(A) Appointment of regular officers as both a regular
officer and a reserve officer immediately upon commis-
sioning.
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(B) Consolidation of the provisions of title 10, United
States Code, relating to appointment as a regular or reserve
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133 STAT. 1344 PUBLIC LAW 116–92—DEC. 20, 2019
officer in a manner designed to facilitate and improve
officer retention.
Recommenda- (5) Such other recommendations for legislative or adminis-
tions. trative action as the Secretary considers appropriate to improve
the rapid transfer of appointment of an officer from regular
status to reserve status.
SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO
PROMOTION SELECTION BOARDS.
(a) EXPANSION OF GRADES OF OFFICERS FOR WHICH INFORMA-
TION IS FURNISHED.—Section 615(a)(3) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
(2) in subparagraph (A), as designated by paragraph (1),
by striking ‘‘a grade above colonel or, in the case of the Navy,
captain’’ and inserting ‘‘a grade specified in subparagraph (B)’’;
and
(3) by adding at the end the following new subparagraph:
‘‘(B) A grade specified in this subparagraph is as follows:
‘‘(i) In the case of a regular officer, a grade above captain
or, in the case of the Navy, lieutenant.
‘‘(ii) In the case of a reserve officer, a grade above lieutenant
colonel or, in the case of the Navy, commander.’’.
(b) FURNISHING AT EVERY PHASE OF CONSIDERATION.—Such
section is further amended by adding at the end the following
new subparagraph:
‘‘(C) The standards and procedures referred to in subparagraph
(A) shall require the furnishing to the selection board, and to
each individual member of the board, the information described
in that subparagraph with regard to an officer in a grade specified
in subparagraph (B) at each stage or phase of the selection board,
concurrent with the screening, rating, assessment, evaluation,
discussion, or other consideration by the board or member of the
official military personnel file of the officer, or of the officer.’’.
10 USC 615 note. (c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and
shall apply with respect to the proceedings of promotion selection
boards convened under section 611(a) of title 10, United States
Code, after that date.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE
FOR PROMOTION BY PROMOTION SELECTION BOARDS.
(a) IN GENERAL.—Section 616 of title 10, United States Code
is amended—
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) The number of officers recommended for promotion by
a selection board convened under section 611(a) of this title may
not exceed the number equal to 95 percent of the number of officers
included in the promotion zone established under section 623 of
this title for consideration by the board.’’.
10 USC 616 note. (b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of the enactment of this Act, and
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shall apply with respect to consideration by promotion selection
boards convened under section 611(a) of title 10, United States
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1345
Code, of promotion zones that are established under section 623
of that title on or after that date.
SEC. 504. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE
DUTY OF OFFICERS IN CERTAIN MILITARY SPECIALTIES
AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended
by inserting ‘‘separation or’’ after ‘‘provided for the’’.
SEC. 505. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is amended
in the third sentence by inserting ‘‘or a designee of the Chairman
who is an officer of the armed forces in grade O–9 or higher’’
before the period.
SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF
DEPLOYMENTS OF MEMBERS OF THE ARMED FORCES AND
RELATED UNIT OPERATING AND PERSONNEL TEMPO MAT-
TERS.
(a) LIMITATION ON SCOPE OF DELEGATIONS OF APPROVAL OF
EXCEPTIONS TO DEPLOYMENT THRESHOLDS.—Paragraph (3) of sec-
tion 991(a) of title 10, United States Code, is amended by striking
‘‘be delegated to—’’ and all that follows and inserting ‘‘be delegated
to a civilian officer of the Department of Defense appointed by
the President, by and with the advice and consent of the Senate.’’.
(b) SEPARATE POLICIES ON DWELL TIME FOR REGULAR AND
RESERVE MEMBERS.—Paragraph (4) of such section is amended—
(1) by striking ‘‘addresses the amount’’ and inserting
‘‘addresses each of the following:
‘‘(A) The amount.’’;
(2) in subparagraph (A), as designated by paragraph (1),
by inserting ‘‘regular’’ before ‘‘member’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) The amount of dwell time a reserve member of the
armed forces remains at the member’s permanent duty station
after completing a deployment of 30 days or more in length.’’.
SEC. 507. PERSONNEL TEMPO OF THE ARMED FORCES AND THE
UNITED STATES SPECIAL OPERATIONS COMMAND DURING
PERIODS OF INAPPLICABILITY OF HIGH-DEPLOYMENT
LIMITATIONS.
(a) IN GENERAL.—Section 991(d) of title 10, United States Code,
is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Whenever a waiver is in effect under paragraph (1),
the member or group of members covered by the waiver shall
be subject to specific and measurable deployment thresholds estab-
lished and maintained for purposes of this subsection.
‘‘(B) Thresholds under this paragraph may be applicable—
‘‘(i) uniformly, Department of Defense-wide; or
‘‘(ii) separately, with respect to each armed force or the
United States Special Operations Command.
‘‘(C) If thresholds under this paragraph are applicable Depart-
ment-wide, such thresholds shall be established and maintained
by the Under Secretary of Defense for Personnel and Readiness.
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If such thresholds are applicable only to one armed force or the
Under States Special Operations Command, such thresholds shall
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133 STAT. 1346 PUBLIC LAW 116–92—DEC. 20, 2019
be established and maintained respectively by the Secretary of
the Army, the Secretary of the Navy (other than with respect
to the Marine Corps), the Secretary of the Air Force, the Com-
mandant of the Marine Corps (with respect to the Marine Corps),
and the Commander of the United States Special Operations Com-
mand, as applicable.
‘‘(D) In undertaking recordkeeping for purposes of subsection
(c), the Under Secretary shall, in conjunction with the officials
and officers referred to in subparagraph (C), collect complete and
reliable personnel tempo data of members described in subpara-
graph (A) in order to ensure that the Department, the armed
forces, and the United States Special Operations Command fully
and completely monitor personnel tempo under any waiver author-
ized under paragraph (1) and the effect of such waiver on the
armed forces.’’.
10 USC 991 note. (b) DEADLINE FOR IMPLEMENTATION.—Paragraph (2) of section
991(d) of title 10, United States Code, as added by subsection
(a), shall be fully implemented by not later than March 1, 2020.
SEC. 508. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE
RETIREMENT OF CHAPLAINS IN GENERAL AND FLAG
OFFICER GRADES.
Section 1253(c) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 509. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING
REOPENING OF DETERMINATION OR CERTIFICATION OF
RETIRED GRADE.
(a) ADVICE AND CONSENT OF SENATE REQUIRED FOR HIGHER
GRADE.—Section 1370(f) of title 10, United States Code, is
amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new para-
graph (5):
‘‘(5) If the retired grade of an officer is proposed to be increased
through the reopening of the determination or certification of offi-
cer’s retired grade, the increase in the retired grade shall be made
by the Secretary of Defense, by and with the advice and consent
of the Senate.’’.
(b) RECALCULATION OF RETIRED PAY.—Paragraph (6) of such
section, as redesignated by subsection (a)(1), is amended—
(1) by inserting ‘‘or increased’’ after ‘‘reduced’’;
(2) by inserting ‘‘as a result of the reduction or increase’’
after ‘‘any modification of the retired pay of the officer’’;
(3) by inserting ‘‘or increase’’ after ‘‘the reduction’’; and
(4) by adding at the end the following new sentence: ‘‘An
officer whose retired grade is increased as described in the
preceding sentence shall not be entitled to an increase in retired
pay for any period before the effective date of the increase.’’.
Applicability. (c) EFFECTIVE DATE.—The amendments made by this section
10 USC 1370 shall take effect on the date of the enactment of this Act, and
note. shall apply to an increase in the retired grade of an officer that
occurs through a reopening of the determination or certification
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of the officer’s retired grade on or after that date, regardless of
when the officer retired.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1347
SEC. 510. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT
OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON
PROMOTION LIST.
(a) IN GENERAL.—Section 14108 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(f) HIGHER PLACEMENT OF OFFICERS OF PARTICULAR MERIT
ON PROMOTION LIST.—(1) In selecting officers to be recommended
for promotion, a promotion board may, when authorized by the
Secretary concerned, recommend that officers of particular merit,
from among those officers selected for promotion, be placed higher
on the promotion list established by the Secretary under section
14308(a) of this title.
‘‘(2) A promotion board may make a recommendation under
paragraph (1) only if an officer receives the recommendation of—
‘‘(A) a majority of the members of the promotion board;
or
‘‘(B) an alternative requirement established by the Sec-
retary concerned and furnished to the promotion board as part
of the guidelines under section 14107 of this title.
‘‘(3) For officers who receive recommendations under paragraph
(1), the board shall recommend the order in which those officers
should be placed on the promotion list.’’.
(b) REPORTS REGARDING RECOMMENDATIONS THAT OFFICERS
OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST.—
Section 14109 of such title is amended by adding at the end the
following new subsection:
‘‘(d) REPORT OF OFFICERS RECOMMENDED FOR HIGHER PLACE-
MENT ON PROMOTION LIST.—A promotion board convened under
section 14101(a) of this title shall, when authorized under section
14108(f) of this title, include in its report to the Secretary con-
cerned—
‘‘(1) the names of those officers the promotion board rec-
ommends be placed higher on the promotion list; and
‘‘(2) the order in which the promotion board recommends
those officers should be placed on the promotion list.’’.
(c) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON
PROMOTION LIST.—Section 14308(a) of such title is amended in
the first sentence by inserting ‘‘or based on particular merit, as
determined by the promotion board’’ before the period.
SEC. 510A. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMA- 10 USC 525 note.
TION ABOUT OFFICERS SERVING IN GENERAL OR FLAG
OFFICER GRADES.
(a) AVAILABILITY REQUIRED.—
(1) IN GENERAL.—The Secretary of each military depart-
ment shall make available on an internet website of such
department available to the public information specified in
paragraph (2) on each officer in a general or flag officer grade
under the jurisdiction of such Secretary, including any such
officer on the reserve active-status list.
(2) INFORMATION.—The information on an officer specified
by this paragraph to be made available pursuant to paragraph
(1) is the information as follows:
(A) The officer’s name.
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(B) The officer’s current grade, duty position, command
or organization, and location of assignment.
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133 STAT. 1348 PUBLIC LAW 116–92—DEC. 20, 2019
Summary list. (C) A summary list of the officer’s past duty assign-
ments while serving in a general or flag officer grade.
(b) ADDITIONAL PUBLIC NOTICE ON CERTAIN OFFICERS.—When-
ever an officer in a grade of O–7 or above is assigned to a new
billet or reassigned from a current billet, the Secretary of the
military department having jurisdiction of such officer shall make
available on an internet website of such department available to
the public a notice of such assignment or reassignment.
(c) LIMITATION ON WITHHOLDING OF CERTAIN INFORMATION OR
NOTICE.—
(1) LIMITATION.—The Secretary of a military department
may not withhold the information or notice specified in sub-
sections (a) and (b) from public availability pursuant to sub-
section (a), unless and until the Secretary notifies the Commit-
tees on Armed Services of the Senate and House of Representa-
tives in writing of the information or notice that will be so
withheld, together with justification for withholding the
information or notice from public availability.
(2) LIMITED DURATION OF WITHHOLDING.—The Secretary
concerned may withhold from the public under paragraph (1)
information or notice on an officer only on the basis of individual
risk or national security, and may continue to withhold such
information or notice only for so long as the basis for with-
holding remains in force.
10 USC 771 note SEC. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR
prec. CHAPLAINS.
A military chaplain shall receive a functional badge or insignia
upon commission.
Subtitle B—Reserve Component
Management
SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR
RESERVE OFFICERS’ TRAINING CORPS.
Section 2031(b)(1) of title 10, United States Code, is amended
by striking ‘‘above the 8th grade’’ each place it appears and inserting
‘‘above the 7th grade and physically co-located with the 9th grade
participating unit’’.
SEC. 512. INCLUSION OF STEM IN COURSES OF INSTRUCTION FOR
THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS.
(a) IN GENERAL.—Section 2031(b)(3) of title 10, United States
Code, is amended by inserting ‘‘and which may include instruction
or activities in the fields of science, technology, engineering, and
mathematics’’ after ‘‘duration’’.
10 USC 2031 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
note. shall take effect 180 days after the date of the enactment of this
Act.
SEC. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR
RESERVE OFFICERS’ TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
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‘‘(g)(1) Each public secondary educational institution that main-
tains a unit under this section shall permit membership in the
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1349
unit to homeschooled students residing in the area served by the
institution who are qualified for membership in the unit (but for
lack of enrollment in the institution).
‘‘(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the institution
concerned of the requirement in subsection (b)(1) relating to the
minimum number of student members in the unit necessary for
the continuing maintenance of the unit.’’.
SEC. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER,
MARINE FORCES RESERVE.
(a) IN GENERAL.—Section 8084(b)(1) of title 10, United States
Code, is amended by striking ‘‘general officers of the Marine Corps
(as defined in section 8001(2))’’ and inserting ‘‘general officers of
the Marine Corps Reserve’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 10 USC 8084
shall take effect on the date that is one year after the date of note.
the enactment of this Act and shall apply to appointments made
after such date.
SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE
PREVENTION AND RESILIENCE PROGRAM FOR THE
RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended—
(1) by redesignating subsection (g) as subsection (h);
(2) in subsection (h), as redesignated by paragraph (1),
by striking ‘‘2020’’ and inserting ‘‘2025’’; and
(3) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) TRIENNIAL EVALUATION.—The Secretary shall evaluate the Effective date.
program every third year beginning in 2022 until the program
terminates to determine whether the program effectively—
‘‘(1) provides training and assistance under subsections
(b), (c), and (d); and
‘‘(2) implements subsection (e).’’.
SEC. 516. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE
68 OF OFFICERS IN MEDICAL SPECIALTIES IN THE
RESERVE COMPONENTS.
Section 14703(b) of title 10, United States Code, is amended—
(1) by striking ‘‘An’’ and inserting ‘‘(1) Subject to paragraph
(2), an’’; and
(2) by adding at the end the following new paragraph
(2):
‘‘(2) The Secretary concerned may, with the consent of the Determinations.
officer, retain in an active status an officer in a medical specialty
described in subsection (a) beyond the date described in paragraph
(1) of this subsection if the Secretary concerned determines that
such retention is necessary to the military department concerned.
Each such retention shall be made on a case-by-case basis and
for such period as the Secretary concerned determines appropriate.’’.
SEC. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE
TO THE NATIONAL GUARD.
(a) MODERNIZATION OF INSPECTION AUTHORITIES OF SECRE-
TARIES OF THE ARMY AND AIR FORCE.—Subsection (a) of section
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105 of title 32, United States Code, is amended—
(1) in the matter preceding paragraph (1)—
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133 STAT. 1350 PUBLIC LAW 116–92—DEC. 20, 2019
(A) by striking ‘‘by him, the Secretary of the Army
shall have’’ and inserting ‘‘by such Secretary, the Secretary
of the Army and the Secretary of the Air Force shall
each have’’;
(B) by striking ‘‘, if necessary,’’; and
(C) by striking ‘‘the Regular Army’’ and inserting ‘‘the
Regular Army or the Regular Air Force’’;
(2) by striking ‘‘Army National Guard’’ each place it appears
and inserting ‘‘Army National Guard or Air National Guard’’;
and
(3) by striking the flush matter following paragraph (7).
(b) INSPECTION AUTHORITY OF CHIEF OF THE NATIONAL GUARD
BUREAU ON BEHALF OF SECRETARIES.—Such section is further
amended by adding at the end the following new subsection:
‘‘(c) The Chief of the National Guard Bureau may have an
inspection described in subsection (a) made by inspectors general,
or by commissioned officers of the Army National Guard of the
United States or the Air National Guard of the United States
detailed for that purpose, on behalf of the Secretary of the Army
or the Secretary of the Air Force. Any such inspection may be
made only with the approval of the Secretary of the Army or
the Secretary of the Air Force, as applicable.’’.
SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD
BUREAU IN THE APPOINTMENT OR DESIGNATION OF
NATIONAL GUARD PROPERTY AND FISCAL OFFICERS.
Section 708(a) of title 32, United States Code, is amended
in the first sentence by inserting ‘‘, in consultation with the Chief
of the National Guard Bureau,’’ after ‘‘shall’’.
SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS’ TRAINING
CORPS.
(a) IN GENERAL.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
14 USC 320. ‘‘§ 320. Coast Guard Junior Reserve Officers’ Training Corps
‘‘(a) ESTABLISHMENT.—The Secretary of the department in
which the Coast Guard is operating may establish and maintain
a Junior Reserve Officers’ Training Corps, organized into units,
at public and private secondary educational institutions.
‘‘(b) APPLICABILITY.—Except as provided in subsection (c), the
provisions of chapter 102 of title 10 shall apply to a Junior Reserve
Officers’ Training Corps established and maintained under this
section in the same manner that such provisions apply to the
Junior Reserve Officers’ Training Corps of each military depart-
ment. For purposes of the application of such provisions to this
section—
‘‘(1) any reference in such provisions to a ‘military depart-
ment’ shall be treated as a reference to the department in
which the Coast Guard is operating; and
‘‘(2) any reference in such provisions to a ‘Secretary of
a military department’, a ‘Secretary concerned’, or the ‘Sec-
retary of Defense’ shall be treated as a reference to the Sec-
retary of the department in which the Coast Guard is operating.
‘‘(c) EXCEPTION.—The requirements of chapter 102 of title 10
shall not apply to a unit of the Junior Reserve Officers’ Training
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Corps established by the Secretary of the department in which
the Coast Guard is operating before the date of the enactment
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1351
of this section unless the Secretary determines it is appropriate
to apply such requirements to such unit.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 14 USC 301 prec.
new item:
‘‘320. Coast Guard Junior Reserve Officers’ Training Corps.’’.
SEC. 520. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY
RESERVE OFFICER UNIT VACANCY PROMOTIONS BY COM-
MANDERS OF ASSOCIATED ACTIVE DUTY UNITS.
Section 1113 of the Army National Guard Combat Readiness
Reform Act of 1992 (Public Law 102–484; 10 U.S.C. 10105 note)
is repealed.
SEC. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE
TO LARGE SCALE, COMPLEX AND CATASTROPHIC DISAS-
TERS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
and coordination with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and the
National Governors Association, shall submit to the congressional
defense committees, the Committee on Homeland Security of the
House of Representatives, and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on the plan of
the Department to establish policy and processes to implement
the authority under section 502 of title 32, United States Code.
The report shall include a detailed examination of the policy frame-
work consistent with existing authorities, identify major statutory
or policy impediments to implementation, and make recommenda-
tions for legislation as appropriate.
(b) CONTENTS.—The report submitted under subsection (a) shall
include a description of—
(1) the current policy and processes whereby governors Timeline.
can request activation of the National Guard under title 32, Plan.
United States Code, as part of the response to large scale, Consultation.
complex, catastrophic disasters that are supported by the Fed-
eral Government and, if no formal process exists in policy,
the Secretary of Defense shall provide a timeline and plan
to establish such a policy, including consultation with the
Council of Governors and the National Governors Association;
(2) the Secretary of Defense’s assessment, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding the sufficiency
of current authorities for the reimbursement of National Guard
and Reserve manpower during large scale, complex, cata-
strophic disasters under title 10 and title 32, United States
Code, and specifically whether reimbursement authorities are
sufficient to ensure that military training and readiness are
not degraded to fund disaster response, or whether invoking
such reimbursement authorities degrades the effectiveness of
the Disaster Relief Fund;
(3) the Department of Defense’s plan to ensure there is Recommenda-
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parallel and consistent policy in the application of the authori- tions.
ties granted under section 12304a of title 10, United States
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133 STAT. 1352 PUBLIC LAW 116–92—DEC. 20, 2019
Code, and section 502(f) of title 32, United States Code,
including—
(A) a description of the disparities between benefits
and protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the
Federal level; and
(C) recommended changes at the State level, if appro-
priate; and
Recommenda- (4) the Department of Defense’s plan to ensure there is
tions. parity of benefits and protections for military members
employed as part of the response to large scale, complex, cata-
strophic disasters under title 32 or title 10, United States
Code, and recommendations for addressing any shortfalls.
SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFI-
CERS’ TRAINING CORPS.
Assessments. (a) REPORT ON VARIOUS EXPANSIONS OF THE CORPS.—Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth the following:
(1) An assessment of the feasibility and advisability of
distance learning programs for the Senior Reserve Officers’
Training Corps for students at educational institutions who
reside outside the viable range for a cross-town program.
(2) An assessment of the feasibility and advisability of
expanding the eligibility of institutions authorized to maintain
a unit of the Senior Reserve Officers’ Training Corps to include
community colleges.
(b) BRIEFING ON LONG-TERM EFFECTS ON THE CORPS OF THE
OPERATION OF CERTAIN RECENT PROHIBITIONS.—
Deadline. (1) BRIEFING REQUIRED.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the effects
of the prohibitions in section 8032 of the Department of Defense
Appropriations Act, 2019 (division A of Public Law 115–245)
on the long-term viability of the Senior Reserve Officers’
Training Corps.
Assessments. (2) ELEMENTS.—The matters addressed by the briefing
under paragraph (1) shall include an assessment of the effects
of the prohibitions described in paragraph (1) on the following:
(A) Readiness.
(B) The efficient manning and administration of Senior
Reserve Officers’ Training Corps units.
(C) The ability of the Armed Forces to commission
on a yearly basis the number and quality of new officers
they need and that are representative of the nation as
a whole.
(D) The availability of Senior Reserve Officers’ Training
Corps scholarships in rural areas.
(E) Whether the Senior Reserve Officers’ Training
Corps program produces officers representative of the
demographic and geographic diversity of the United States,
especially with respect to urban areas, and whether restric-
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tions on establishing or disestablishing units of the Corps
affects the diversity of the officer corps of the Armed Forces.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1353
SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR
RESERVE OFFICERS’ TRAINING CORPS UNITS.
It is the sense of Congress that the Junior Reserve Officers’
Training Corps was supported in the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232) and should be increased in fiscal year 2020 to include not
fewer than 3,700 units nationwide.
Subtitle C—General Service Authorities
and Correction of Military Records
SEC. 521. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW
BY BOARDS FOR CORRECTION OF MILITARY RECORDS AND
DISCHARGE REVIEW BOARDS OF CERTAIN CLAIMS.
(a) BOARDS FOR CORRECTION OF MILITARY RECORDS.—Section
1552(g) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If a board established under subsection (a)(1) is reviewing
a claim described in subsection (h), the board shall seek advice
and counsel in the review from a psychiatrist, psychologist, or
social worker with training on mental health issues associated
with post-traumatic stress disorder or traumatic brain injury or
other trauma as specified in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders published by the Amer-
ican Psychiatric Association.
‘‘(3) If a board established under subsection (a)(1) is reviewing
a claim in which sexual trauma, intimate partner violence, or
spousal abuse is claimed, the board shall seek advice and counsel
in the review from an expert in trauma specific to sexual assault,
intimate partner violence, or spousal abuse, as applicable.’’.
(b) DISCHARGE REVIEW BOARDS.—Section 1553(d)(1) of such
title is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and
(2) by adding at the end the following new subparagraph;
‘‘(B) In the case of a former member described in paragraph
(3)(B) who claims that the former member’s post-traumatic stress
disorder or traumatic brain injury as described in that paragraph
in based in whole or in part on sexual trauma, intimate partner
violence, or spousal abuse, a board established under this section
to review the former member’s discharge or dismissal shall seek
advice and counsel in the review from a psychiatrist, psychologist,
or social worker with training on mental health issues associated
with post-traumatic stress disorder or traumatic brain injury or
other trauma as specified in the current edition of the Diagnostic
and Statistical Manual of Mental Disorders published by the Amer-
ican Psychiatric Association.’’.
SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DIS-
CHARGE REVIEW BOARDS.
Section 1553(a) of title 10, United States Code, is amended
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by striking ‘‘five’’ and inserting ‘‘not fewer than three’’.
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133 STAT. 1354 PUBLIC LAW 116–92—DEC. 20, 2019
SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST
FOR UPGRADE OF DISCHARGE OR DISMISSAL.
(a) ESTABLISHMENT.—Chapter 79 of title 10, United States
Code, is amended by inserting after section 1553 the following
new section 1553a:
10 USC 1553a. ‘‘§ 1553a. Review of a request for upgrade of discharge or
dismissal
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a process by which to conduct a final review of a request for
an upgrade in the characterization of a discharge or dismissal.
‘‘(b) CONSIDERATION; RECOMMENDATION.—(1) Upon the request
of a petitioner, the Secretary of Defense shall review the findings
and decisions of the boards established under sections 1552 and
1553 of this title regarding the final review of a request for an
upgrade in the characterization of a discharge or dismissal.
‘‘(2) The Secretary of Defense may recommend that the Sec-
retary of the military department concerned upgrade the character-
ization of the discharge or dismissal of the petitioner if the Secretary
of Defense determines that such recommendation is appropriate
after review under paragraph (1).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘final review of a request for an upgrade
in the characterization of a discharge or dismissal’ means a
request by a petitioner for an upgrade to the characterization
of a discharge or dismissal—
‘‘(A) that was not granted under sections 1552 and
1553 of this title; and
‘‘(B) regarding which the Secretary of Defense deter-
mines the petitioner has exhausted all remedies available
to the petitioner under sections 1552 and 1553 of this
title.
‘‘(2) The term ‘petitioner’ means a member or former
member of the armed forces (or if the member or former
member is dead, the surviving spouse, next of kin, or legal
representative of the member or former member) whose request
for an upgrade to the characterization of a discharge or dis-
missal was not granted under sections 1552 and 1553 of this
title.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TABLE OF SECTIONS.—The table of sections at the begin-
10 USC 1551 ning of such chapter is amended by inserting after the item
prec. relating to section 1553 the following new item:
‘‘1553a. Review of a request for upgrade of discharge or dismissal.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 1552(a)(4) of such title is amended to read
as follows:
‘‘(4)(A) Subject to subparagraph (B), a correction under this
section is final and conclusive on all officers of the United States
except when procured by fraud.
‘‘(B) If a board established under this section does not grant
a request for an upgrade to the characterization of a discharge
or dismissal, that declination may be considered under section
1553a of this title.’’.
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(B) Section 1553(b) of such title is amended—
(i) by inserting ‘‘(1)’’ before ‘‘A board’’; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1355
(ii) by adding at the end the following new para-
graph:
‘‘(2) If a board established under this section does not grant
a request for an upgrade to the characterization of a discharge
or dismissal, that declination may be considered under section
1552 or section 1553a of this title, as applicable.’’.
(c) DEADLINE.—The Secretary of Defense shall implement sec- 10 USC 1553a
tion 1553a of such title, as added by subsection (a), not later note.
than January 1, 2021.
(d) RESOURCES.—In establishing and implementing the process 10 USC 1553a
under such section 1553a, the Secretary of Defense shall, to the note.
maximum extent practicable, use existing organizations, boards,
processes, and personnel of the Department of Defense.
(e) REPORTING.— 10 USC 1553a
(1) REPORT.—Not later than January 1, 2022, the Secretary note.
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report
regarding the process established under such section 1553a.
The report shall include, with respect to considerations under
such process since implementation, the following:
(A) The number of requests considered.
(B) The number of upgrades to the characterization
of a discharge or dismissal granted pursuant to such
process, including the most common reasons for such
upgrades.
(C) The number of upgrades to the characterization
of a discharge or dismissal declined pursuant to such
process, including the most common reasons for such dec-
linations.
(2) ONLINE PUBLICATION.—On October 1, 2022, and Public
annually thereafter, the Secretary shall publish the information information.
described in paragraph (1) with regards to the immediately
preceding fiscal year on a website of the Department of Defense
that is accessible by the public.
SEC. 524. PROHIBITION ON REDUCTION IN THE NUMBER OF PER-
SONNEL ASSIGNED TO DUTY WITH A SERVICE REVIEW
AGENCY.
(a) PROHIBITION.—Section 1559(a) of title 10, United States
Code, is amended—
(1) by striking ‘‘December 31, 2019’’ and inserting
‘‘December 31, 2025’’;
(2) by striking ‘‘that agency until—’’ and inserting ‘‘that
agency.’’; and
(3) by striking subsections (1) and (2).
(b) REPORT.— Plans.
(1) REPORT REQUIRED.—Not later than 180 days after the
enactment of this Act, the Secretary of each military depart-
ment shall submit a report to the Committees on Armed Serv-
ices of the Senate and House of Representatives that details
a plan to—
(A) reduce the backlog of applications before the service
review agency of the military department concerned; and
(B) maintain the resources required to meet the timeli- Deadline.
ness standards for disposition of applications before the
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Corrections Boards under section 1557 of title 10, United
States Code, not later than October 1, 2021.
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133 STAT. 1356 PUBLIC LAW 116–92—DEC. 20, 2019
(2) ELEMENTS.—Each report under this subsection shall
include the following:
(A) A description of the current backlog of applications
before the service review agency of the military department
concerned.
(B) The number of personnel required to meet the
deadline described in paragraph (1)(B).
(C) The plan of the Secretary concerned to modernize
the application and review system of the service review
agency of the military department concerned.
SEC. 525. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF
MILITARY RECORDS AND DISCHARGE REVIEW BOARDS ON
SEXUAL TRAUMA, INTIMATE PARTNER VIOLENCE,
SPOUSAL ABUSE, AND RELATED MATTERS.
10 USC 1552 (a) BOARDS FOR CORRECTION OF MILITARY RECORDS.—The cur-
note. riculum of training for members of boards for the correction of
military records under section 534(c) of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 1552 note) shall
include training on each of the following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
10 USC 1553 (b) DISCHARGE REVIEW BOARDS.—
note. (1) IN GENERAL.—Each Secretary concerned shall develop
and provide training for members of discharge review boards
under section 1553 of title 10, United States Code, that are
under the jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) UNIFORMITY OF TRAINING.—The Secretary of Defense
and the Secretary of Homeland Security shall jointly ensure
that the training developed and provided pursuant to this sub-
section is, to the extent practicable, uniform.
(3) SECRETARY CONCERNED DEFINED.—In this subsection,
the term ‘‘Secretary concerned’’ has the meaning given that
term in section 101(a)(9) of title 10, United States Code.
10 USC 1781 SEC. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE
note. SERVICE.
Regulations. The Secretary of Defense shall publish regulations for submis-
sion and processing of a completed United States Citizenship and
Immigration Services Form N–426, by a member of the Armed
Forces. Such regulations shall designate the appropriate level for
the certifying officer as well as establish time requirements for
the form to be returned to the member of the Armed Forces.
10 USC 1552 SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZA-
note. TIONS.
(a) IN GENERAL.—In accordance with this section, and in a
manner that is consistent across the military departments to the
greatest extent practicable, the appropriate board shall, at the
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request of a covered member or the authorized representative of
a covered member—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1357
(1) review the discharge characterization of that covered
member; and
(2) change the discharge characterization of that covered
member to honorable if the appropriate board determines such
change to be appropriate after review under paragraph (1).
(b) APPEAL.—A covered member or the authorized representa-
tive of that covered member may seek review of a decision by
the appropriate board not to change the discharge characterization
of that covered member. Such review may be made pursuant to
section 1552 of title 10, United States Code, section 1553 of such
title, or any other process established by the Secretary of Defense
for such purpose.
(c) CHANGE OF RECORDS.—For each covered member whose
discharge characterization is changed under subsection (a) or (b),
the Secretary of the military department concerned shall issue
to the covered member or the authorized representative of the
covered member a corrected Certificate of Release or Discharge
from Active Duty (DD Form 214), or other like form regularly
used by an Armed Force that—
(1) reflects the upgraded discharge characterization of the
covered member; and
(2) does not reflect the sexual orientation of the covered
member or the original stated reason for the discharge or
dismissal of that covered member.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate board’’ means a board for the
correction of military or naval records under section 1552 of
title 10, United States Code, or a discharge review board under
section 1553 of such title, as the case may be.
(2) The term ‘‘authorized representative’’ means an heir
or legal representative of a covered member.
(3) The term ‘‘covered member’’ means any former member
of the Armed Forces who was discharged from the Armed
Forces because of the sexual orientation of that member.
(4) The term ‘‘discharge characterization’’ means the
characterization assigned to the service of a covered member
on the discharge or dismissal of that covered member from
service in the Armed Forces.
SEC. 528. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL 10 USC 1121
SOURCES OF INFORMATION TO DETERMINE ELIGIBILITY note prec.
OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES FOR DECORATIONS WHEN THE SERVICE RECORDS
ARE INCOMPLETE BECAUSE OF DAMAGE TO THE OFFICIAL
RECORD.
(a) GUIDELINES REQUIRED.—The Secretary of Defense shall
develop guidelines regarding the use by the Secretaries of the
military departments of unofficial sources of information, including
eyewitness statements, to determine the eligibility of a member
or former member of the Armed Forces for decorations when the
service records of the member are incomplete because of damage
to the records as a result of the 1973 fire at the National Personnel
Records Center in St. Louis, Missouri, or any subsequent incident
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while the records were in the possession of the Department of
Defense.
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133 STAT. 1358 PUBLIC LAW 116–92—DEC. 20, 2019
(b) TIME FOR COMPLETION.—The Secretary of Defense shall
complete development of the guidelines not later than one year
after the date of the enactment of this Act.
10 USC 656 note. SEC. 529. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION.
(a) PLAN REQUIRED.—The Secretary of Defense shall design
and implement a five-year strategic plan for diversity and inclusion
in the Department of Defense.
(b) ELEMENTS.—The strategic plan under this section—
(1) shall incorporate existing efforts to promote diversity
and inclusion within the Department; and
(2) may not conflict with the objectives of the 2018 National
Military Strategy.
(c) DEADLINE.—The Secretary shall implement the strategic
plan under this section not later than one year after the date
of the enactment of this Act.
SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK
TO ENLIST IN THE ARMED FORCES.
(a) STUDY.—The Secretary of Defense shall study the feasibility
of, in background investigations and security and suitability
screenings of individuals who seek to enlist in the Armed Forces—
(1) screening for extremist and gang-related activity; and
(2) using the following resources of the Federal Bureau
of Investigation:
(A) The Tattoo and Graffiti Identification Program.
(B) The National Gang Intelligence Center.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit an unclassi-
fied report in writing to the Committees on Armed Services of
the Senate and House of Representatives containing conclusions
of the Secretary regarding the study under subsection (a).
SEC. 530A. FEASIBILITY STUDY REGARDING NOTIFICATION TO SEC-
RETARY OF HOMELAND SECURITY OF HONORABLE DIS-
CHARGES OF NON-CITIZENS.
Consultation. (a) STUDY REQUIRED.—The Secretary of Defense, in consultation
Records. with the Secretary of Homeland Security, shall study the feasibility
of providing the Secretary of Homeland Security with a copy of
the Certificate of Release or Discharge from Active Duty (DD Form
214) or National Guard Report of Separation and Record of Service
(NGB-22) for each individual who is not a citizen of the United
States who is honorably discharged from the Armed Forces so
the Secretary of Homeland Security may note such discharge in
an I–213 Record of Deportable/Inadmissible Alien for that indi-
vidual.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the committees on Armed Services of the Senate and House of
Representatives a report regarding the results of the study under
this section.
SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
It is the sense of Congress that the Secretary of Defense should
explore alternatives to centralized accession physicals at Military
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Entrance Processing Stations, including conducting physicals
through community health care providers, in order to reduce
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1359
transportation costs, increase efficiency in processing times, and
free recruiters to focus on the core of the recruiting mission.
Subtitle D—Military Justice
SEC. 531. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY
MILITARY JUDGES AND MILITARY MAGISTRATES IN THE
INTEREST OF EFFICIENCY IN MILITARY JUSTICE.
(a) IN GENERAL.—Subsection (a) of section 830a of title 10,
United States Code (article 30a of the Uniform Code of Military
Justice), is amended by striking paragraphs (1) and (2) and inserting
the following new paragraphs:
‘‘(1) The President shall prescribe regulations for matters President.
relating to proceedings conducted before referral of charges and Regulations.
specifications to court-martial for trial, including the following:
‘‘(A) Pre-referral investigative subpoenas.
‘‘(B) Pre-referral warrants or orders for electronic commu-
nications.
‘‘(C) Pre-referral matters referred by an appellate court.
‘‘(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).
‘‘(E) Pre-referral matters relating to the following:
‘‘(i) Pre-trial confinement of an accused.
‘‘(ii) The mental capacity or mental responsibility of
an accused.
‘‘(iii) A request for an individual military counsel.
‘‘(2) In addition to the matters specified in paragraph (1), the
regulations prescribed under that paragraph shall—
‘‘(A) set forth the matters that a military judge may rule
upon in such proceedings;
‘‘(B) include procedures for the review of such rulings; Procedures.
‘‘(C) include appropriate limitations to ensure that pro-
ceedings under this section extend only to matters that would
be subject to consideration by a military judge in a general
or special court-martial; and
‘‘(D) provide such limitations on the relief that may be
ordered under this section as the President considers appro-
priate.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 830a. Art 30a. Proceedings conducted before referral’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended 10 USC 830 prec.
by striking the item relating to section 830a (article 30a) and
inserting the following new item:
‘‘830a. 30a. Proceedings conducted before referral.’’.
SEC. 532. COMMAND INFLUENCE.
(a) IN GENERAL.—Section 837 of title 10, United States Code
(article 37 of the Uniform Code of Military Justice), is amended—
(1) by striking ‘‘Unlawfully influencing action of court’’
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and inserting ‘‘Command influence’’;
(2) by amending subsection (a) to read as follows:
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133 STAT. 1360 PUBLIC LAW 116–92—DEC. 20, 2019
‘‘(a)(1) No court-martial convening authority, nor any other
commanding officer, may censure, reprimand, or admonish the court
or any member, military judge, or counsel thereof, with respect
to the findings or sentence adjudged by the court, or with respect
to any other exercise of its or his functions in the conduct of
the proceeding.
‘‘(2) No court-martial convening authority, nor any other com-
manding officer, may deter or attempt to deter a potential witness
from participating in the investigatory process or testifying at a
court-martial. The denial of a request to travel at government
expense or refusal to make a witness available shall not by itself
constitute unlawful command influence.
‘‘(3) No person subject to this chapter may attempt to coerce
or, by any unauthorized means, attempt to influence the action
of a court-martial or any other military tribunal or any member
thereof, in reaching the findings or sentence in any case, or the
action of any convening, approving, or reviewing authority or
preliminary hearing officer with respect to such acts taken pursuant
to this chapter as prescribed by the President.
‘‘(4) Conduct that does not constitute a violation of paragraphs
(1) through (3) may include, for example—
‘‘(A) general instructional or informational courses in mili-
tary justice if such courses are designed solely for the purpose
of instructing persons on the substantive and procedural aspects
of courts-martial;
‘‘(B) statements regarding criminal activity or a particular
criminal offense that do not advocate a particular disposition,
or a particular court-martial finding or sentence, or do not
relate to a particular accused; or
‘‘(C) statements and instructions given in open court by
the military judge or counsel.
‘‘(5)(A) Notwithstanding paragraphs (1) through (3), but subject
to subparagraph (B)—
‘‘(i) a superior convening authority or officer may generally
discuss matters to consider regarding the disposition of alleged
violations of this chapter with a subordinate convening
authority or officer; and
‘‘(ii) a subordinate convening authority or officer may seek
advice from a superior convening authority or officer regarding
the disposition of an alleged offense under this chapter.
‘‘(B) No superior convening authority or officer may direct a
subordinate convening authority or officer to make a particular
disposition in a specific case or otherwise substitute the discretion
of such authority or such officer for that of the subordinate con-
vening authority or officer.’’;
(3) in subsection (b)—
(A) by striking ‘‘advanced, in grade’’ and inserting
‘‘advanced in grade’’; and
(B) by striking ‘‘accused before a court-martial’’ and
inserting ‘‘person in a court-martial proceeding’’; and
(4) by adding at the end the following new subsections:
‘‘(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section unless the
violation materially prejudices the substantial rights of the accused.
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‘‘(d)(1) A superior convening authority or commanding officer
may withhold the authority of a subordinate convening authority
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1361
or officer to dispose of offenses in individual cases, types of cases,
or generally.
‘‘(2) Except as provided in paragraph (1) or as otherwise author-
ized by this chapter, a superior convening authority or commanding
officer may not limit the discretion of a subordinate convening
authority or officer to act with respect to a case for which the
subordinate convening authority or officer has authority to dispose
of the offenses.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning subchapter VII of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended by striking 10 USC 836 prec.
the item relating to section 837 (article 37) and inserting the
following new item:
‘‘837. Art. 37. Command influence.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections 10 USC 837 note.
(a) and (b) shall take effect on the date of the enactment of this
Act and shall apply with respect to violations of section 837 of
title 10, United States Code (article 37 of the Uniform Code of
Military Justice), committed on or after such date.
SEC. 533. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES.
(a) IN GENERAL.—Section 843 of title 10, United States Code
(article 43 of the Uniform Code of Military Justice), is amended—
(1) in subsection (a), by inserting ‘‘maiming of a child,
kidnapping of a child,’’ after ‘‘sexual assault of a child,’’; and
(2) in subsection (b)(2)(B)—
(A) by striking clauses (ii) and (iv); and
(B) by redesignating clause (iii) as clause (ii).
(b) EFFECTIVE DATE.—The amendments made by subsection 10 USC 843 note.
(a) shall take effect on the date of the enactment of this Act
and shall apply with respect to the prosecution of offenses com-
mitted before, on, or after the date of the enactment of this Act
if the applicable limitation period has not yet expired.
SEC. 534. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT
RECORDS OF COURTS-MARTIAL OR OTHER RECORDS OF
TRIAL OF THE MILITARY JUSTICE SYSTEM.
(a) IN GENERAL.—Section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), is amended—
(1) by striking ‘‘The Secretary of Defense’’ and inserting
‘‘(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of Homeland Security,’’;
(2) in subsection (a), as designated by paragraph (1)—
(A) in the matter preceding paragraph (1), by inserting
‘‘(including with respect to the Coast Guard)’’ after ‘‘military
justice system’’; and
(B) in paragraph (4), by inserting ‘‘public’’ before
‘‘access to docket information’’; and
(3) by adding at the end the following new subsections:
‘‘(b) PROTECTION OF CERTAIN PERSONALLY IDENTIFIABLE
INFORMATION.—Records of trial, docket information, filings, and
other records made publicly accessible in accordance with the uni-
form standards and criteria for conduct established by the Secretary
under subsection (a) shall restrict access to personally identifiable
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information of minors and victims of crime (including victims of
sexual assault and domestic violence), as practicable to the extent
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133 STAT. 1362 PUBLIC LAW 116–92—DEC. 20, 2019
such information is restricted in electronic filing systems of Federal
and State courts.
‘‘(c) INAPPLICABILITY TO CERTAIN DOCKETS AND RECORDS.—
Nothing in this section shall be construed to provide public access
to docket information, filings, or records that are classified, subject
to a judicial protective order, or ordered sealed.’’.
Applicability. (b) EXISTING STANDARDS AND CRITERIA.—The Secretary of
Consultation. Homeland Security shall apply to the Coast Guard the standards
10 USC 940a and criteria for conduct established by the Secretary of Defense
note.
under section 940a of title 10, United States Code (article 140a
of the Uniform Code of Military Justice), as in effect on the day
before the date of the enactment of this Act, until such time as
the Secretary of Defense, in consultation with the Secretary of
Homeland Security, prescribes revised standards and criteria for
conduct under such section that implement the amendments made
by subsection (a) of this section.
SEC. 535. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVES-
TIGATION, PROSECUTION, AND DEFENSE OF SEXUAL
ASSAULT IN THE ARMED FORCES.
Section 546(f)(1) of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year 2015
(10 U.S.C. 1561 note) is amended by striking ‘‘five’’ and inserting
‘‘10’’.
SEC. 536. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VIC-
TIMS OF SEXUAL ASSAULT WHO FILE A RESTRICTED
REPORT BEFORE CONCLUSION OF RELATED PRO-
CEEDINGS.
Section 586 of the National Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 1561 note) is amended—
(1) by redesignating subsection (f) as subsection (e);
(2) in subsection (e), as so redesignated, in the subsection
heading, by inserting ‘‘IN UNRESTRICTED REPORTING CASES’’
after ‘‘PROCEEDINGS’’; and
(3) by adding at the end the following new subsection:
‘‘(f) RETURN OF PERSONAL PROPERTY IN RESTRICTED REPORTING
Procedures. CASES.—(1) The Secretary of Defense shall prescribe procedures
under which a victim who files a restricted report on an incident
of sexual assault may request, at any time, the return of any
personal property of the victim obtained as part of the sexual
assault forensic examination.
‘‘(2) The procedures shall ensure that—
Confidential ‘‘(A) a request of a victim under paragraph (1) may be
information. made on a confidential basis and without affecting the restricted
nature of the restricted report; and
‘‘(B) at the time of the filing of the restricted report, a
Sexual Assault Response Coordinator or Sexual Assault Preven-
tion and Response Victim Advocate—
‘‘(i) informs the victim that the victim may request
the return of personal property as described in paragraph
(1); and
‘‘(ii) advises the victim that such a request for the
return of personal property may negatively impact a subse-
quent case adjudication, if the victim later decides to con-
vert the restricted report to an unrestricted report.
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‘‘(3) Except with respect to personal property returned to a
victim under this subsection, nothing in this subsection shall affect
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1363
the requirement to retain a sexual assault forensic examination
(SAFE) kit for the period specified in subsection (c)(4)(A).’’.
SEC. 537. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED Deadlines.
UNDER THE UNIFORM CODE OF MILITARY JUSTICE. 10 USC 856 note.
(a) DEVELOPMENT OF GUIDELINES.—Not later than the date
specified in subsection (d), the Secretary of Defense shall develop
nonbinding guidelines on sentences for offenses under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice). The guidelines shall provide the sentencing authority with
a suggested range of punishments, including suggested ranges of
confinement, that will generally be appropriate for a violation of
each offense under such chapter.
(b) SENTENCING DATA.—In developing the guidelines for sen-
tences under subsection (a), the Secretary of Defense shall take
into account the sentencing data collected by the Military Justice
Review Panel pursuant to section 946(f)(2) of title 10, United States
Code (article 146(f)(2) of the Uniform Code of Military Justice).
(c) SUBMITTAL TO CONGRESS.—Not later than the date specified
in subsection (d), the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives—
(1) the guidelines for sentences developed under subsection
(a); and
(2) an assessment of the feasibility and advisability of Assessment.
implementing such guidelines in panel sentencing cases.
(d) DATE SPECIFIED.—The date specified in this subsection is
the date that is not later than one year after the date on the
which the first report of the Military Justice Review Panel is
submitted to the Committees on Armed Services of the Senate
and the House of Representatives pursuant to section 946(f)(5)
of title 10, United States Code (article 146(f)(5) of the Uniform
Code of Military Justice).
SEC. 538. NOTIFICATION OF SIGNIFICANT EVENTS AND DOCUMENTA- 10 USC 1044e
TION OF PREFERENCE FOR PROSECUTION JURISDICTION note.
FOR VICTIMS OF SEXUAL ASSAULT.
(a) NOTIFICATION TO VICTIMS OF EVENTS IN MILITARY JUSTICE
PROCESS.—
(1) NOTIFICATION REQUIRED.—A member of the Armed
Forces who is the victim of an alleged sexual assault by another
member of the Armed Forces shall receive notification of each
significant event in the military justice process that relates
to the investigation, prosecution, and confinement of such other
member for such assault.
(2) DOCUMENTATION.—Appropriate documentation of each
notification made pursuant to paragraph (1) shall be created
and maintained in an appropriate system of records of the
military department concerned.
(b) DOCUMENTATION OF VICTIM’S PREFERENCE FOR PROSECUTION
JURISDICTION.—In the case of a member of the Armed Forces who
is the victim of an alleged sexual assault committed by another
member of the Armed Forces who is subject to prosecution for
such offense both by court-martial under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), and
by a civilian court under Federal or State law, appropriate docu-
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mentation of the preference, if any, of such victim for prosecution
of such offense by court-martial or by a civilian court as provided
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133 STAT. 1364 PUBLIC LAW 116–92—DEC. 20, 2019
for by Rule for Courts-Martial 306(e) (as set forth in the Manual
for Courts-Martial, 2019 edition, or any successor rule), shall be
created and maintained in an appropriate system of records of
the military department concerned.
Deadline. (c) REGULATIONS.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall prescribe
regulations implementing this section.
10 USC 1561 SEC. 539. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS
note prec. FOR CERTAIN MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS.
(a) IN GENERAL.—Each Secretary of a military department
shall take appropriate actions to increase the number of digital
forensic examiners in each military criminal investigative organiza-
tion specified in subsection (b) under the jurisdiction of such Sec-
retary by not fewer than 10 from the authorized number of such
examiners for such organization as of September 30, 2019.
(b) MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS.—The
military criminal investigative organizations specified in this sub-
section are the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(c) FUNDING.—Funds for additional digital forensic examiners
as required by subsection (a) for fiscal year 2020, including for
compensation, initial training, and equipment, shall be derived
from amounts authorized to be appropriated for that fiscal year
for the Armed Force concerned for operation and maintenance.
Deadlines. SEC. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WIT-
10 USC 1561 NESS ASSISTANCE PROGRAM LIAISONS.
note prec.
(a) MILITARY CRIMINAL INVESTIGATIVE SERVICES.—Not later
than one year after the date of the enactment of this Act, the
Secretary of each military department shall increase the number
of personnel assigned to the military criminal investigative services
of the department with the goal of ensuring, to the extent prac-
ticable, that the investigation of any sex-related offense is completed
not later than six months after the date on which the investigation
is initiated. An investigation shall be considered completed for
purposes of the preceding sentence when the active phase of the
investigation is sufficiently complete to enable the appropriate
authority to reach a decision with respect to the disposition of
charges for the sex-related offense.
(b) VICTIM WITNESS ASSISTANCE PROGRAM LIAISONS.—Not later
than one year after the date of the enactment of this Act, the
Secretary of each military department shall increase the number
of personnel serving as Victim Witness Assistance Program liaisons
to address personnel shortages in the Victim Witness Assistance
Program.
(c) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, or entities, its officers, employees,
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or agents, or any other person.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1365
SEC. 540A. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION 10 USC 822 note.
AUTHORITIES ON EXERCISE OF DISPOSITION AUTHORITY
FOR SEXUAL ASSAULT AND COLLATERAL OFFENSES.
(a) IN GENERAL.—The training for sexual assault initial disposi-
tion authorities on the exercise of disposition authority under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice), shall include comprehensive training on the
exercise of disposition authority with respect to cases for which
disposition authority is withheld to such authorities pursuant to
the memorandum described in subsection (b) for the purpose of
promoting confidence and trust in the military justice process with
respect to such cases.
(b) MEMORANDUM DESCRIBED.—The memorandum described in
this subsection is the memorandum of the Secretary of Defense
titled ‘‘Withholding Initial Disposition Authority Under the Uniform
Code of Military Justice in Certain Sexual Assault Cases’’ and
dated April 20, 2012, or any successor memorandum.
SEC. 540B. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON 10 USC 1561
THEIR ROLE IN ALL STAGES OF MILITARY JUSTICE IN note.
CONNECTION WITH SEXUAL ASSAULT.
(a) IN GENERAL.—The training provided commanders in the
Armed Forces shall include comprehensive training on the role
of commanders in all stages of military justice in connection with
sexual assaults by members of the Armed Forces.
(b) ELEMENTS TO BE COVERED.—The training provided pursu-
ant to subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed
by a member of the Armed Forces, including investigation
and prosecution.
(2) The role of commanders in assuring that victims of
sexual assault described in paragraph (1) are informed of, and
have the opportunity to obtain, assistance available for victims
of sexual assault by law.
(3) The role of commanders in assuring that victims of
sexual assault described in paragraph (1) are afforded the rights
and protections available to victims by law.
(4) The role of commanders in preventing retaliation
against victims, their family members, witnesses, first
responders, and bystanders for their their complaints, state-
ments, testimony, and status in connection with sexual assault
described in paragraph (1), including the role of commanders
in ensuring that subordinates in the command are aware of
their responsibilities in preventing such retaliation.
(5) The role of commanders in establishing and maintaining
a healthy command climate in connection with reporting on
sexual assault described in paragraph (1), and in the response
of the commander, subordinates in the command, and other
personnel in the command to such sexual assault, such
reporting, and the military justice process in connection with
such sexual assault.
(6) Any other matters on the role of commanders in connec-
tion with sexual assault described in paragraph (1) that the
Secretary of Defense considers appropriate for purposes of this
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section.
(c) INCORPORATION OF BEST PRACTICES.—
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133 STAT. 1366 PUBLIC LAW 116–92—DEC. 20, 2019
(1) IN GENERAL.—The training provided pursuant to sub-
section (a) shall incorporate best practices on all matters cov-
ered by the training.
(2) IDENTIFICATION OF BEST PRACTICES.—The Secretaries
of the military departments shall, acting through the training
and doctrine commands of the Armed Forces, undertake from
time to time surveys and other reviews of the matters covered
by the training provided pursuant to subsection (a) in order
to identify and incorporate into such training the most current
practicable best practices on such matters.
(d) UNIFORMITY.—The Secretary of Defense shall ensure that
the training provided pursuant to subsection (a) is, to the extent
practicable, uniform across the Armed Forces.
10 USC 830 note. SEC. 540C. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-
RELATED OFFENSES.
Deadline. (a) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall develop
and implement a policy to ensure the timely disposition of non-
prosecutable sex-related offenses.
(b) NONPROSECUTABLE SEX-RELATED OFFENSE DEFINED.—In
this section, the term ‘‘nonprosecutable sex-related offense’’ means
an alleged sex-related offense (as that term is defined in section
1044e(g) of title 10, United States Code) that a court-martial con-
vening authority has declined to refer for trial by a general or
special court-martial under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), due to a determination
that there is insufficient evidence to support prosecution of the
sex-related offense.
Deadlines. SEC. 540D. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY
10 USC 1561 DEPARTMENT-SPECIFIC PROGRAMS ON REINVIGORATION
note. OF THE PREVENTION OF SEXUAL ASSAULT INVOLVING
MEMBERS OF THE ARMED FORCES.
(a) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall develop
and issue a comprehensive policy for the Department of Defense
to reinvigorate the prevention of sexual assault involving members
of the Armed Forces.
(b) POLICY ELEMENTS.—
(1) IN GENERAL.—The policy required by subsection (a)
shall include the following:
(A) Education and training for members of the Armed
Forces on the prevention of sexual assault.
(B) Elements for programs designed to encourage and
promote healthy relationships among members of the
Armed Forces.
(C) Elements for programs designed to empower and
enhance the role of non-commissioned officers in the
prevention of sexual assault.
(D) Elements for programs to foster social courage
among members of the Armed Forces to encourage and
promote intervention in situations in order to prevent
sexual assault.
(E) Processes and mechanisms designed to address
behaviors among members of the Armed Forces that are
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included in the continuum of harm that frequently results
in sexual assault.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1367
(F) Elements for programs designed to address alcohol
abuse, including binge drinking, among members of the
Armed Forces.
(G) Such other elements, processes, mechanisms, and
other matters as the Secretary of Defense considers appro-
priate.
(2) CONTINUUM OF HARM RESULTING IN SEXUAL ASSAULT.—
For purposes of paragraph (1)(E), the continuum of harm that
frequently results in sexual assault includes hazing, sexual
harassment, and related behaviors (including language choices,
off-hand statements, jokes, and unconscious attitudes or biases)
that create a permissive climate for sexual assault.
(c) PROGRAMS REQUIRED.—Not later than 180 days after the
issuance of the policy required by subsection (a), each Secretary
of a military department shall develop and implement for each
Armed Force under the jurisdiction of such Secretary a program
to reinvigorate the prevention of sexual assaults involving members
of the Armed Forces. Each program shall include the elements,
processes, mechanisms, and other matters developed by the Sec-
retary of Defense pursuant to subsection (a) tailored to the require-
ments and circumstances of the Armed Force or Armed Forces
concerned.
SEC. 540E. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN
THE UNIFORM CODE OF MILITARY JUSTICE ON SEXUAL
HARASSMENT.
Not later than 180 days after the date of the enactment of Reports.
this Act, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report containing such recommendations as the Secretary con-
siders appropriate with respect to the establishment of a separate
punitive article in chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), on sexual harassment.
SEC. 540F. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTER-
NATIVE AUTHORITY FOR DETERMINING WHETHER TO
PREFER OR REFER CHANGES FOR FELONY OFFENSES
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 300 days after the date Study.
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the
results of a study, conducted for purposes of the report, on
the feasibility and advisability of an alternative military justice
system in which determinations as to whether to prefer or
refer charges for trial by court-martial for any offense specified
in paragraph (2) is made by a judge advocate in grade O–
6 or higher who has significant experience in criminal litigation
and is outside of the chain of command of the member subject
to the charges rather than by a commanding officer of the
member who is in the chain of command of the member.
(2) SPECIFIED OFFENSE.—An offense specified in this para-
graph is any offense under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), for which the
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maximum punishment authorized includes confinement for
more than one year.
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133 STAT. 1368 PUBLIC LAW 116–92—DEC. 20, 2019
Analyses. (b) ELEMENTS.—The study required for purposes of the report
under subsection (a) shall address the following:
(1) Relevant procedural, legal, and policy implications and
considerations of the alternative military justice system
described in subsection (a).
(2) An analysis of the following in connection with the
implementation and maintenance of the alternative military
justice system:
(A) Legal personnel requirements.
(B) Changes in force structure.
(C) Amendments to law.
(D) Impacts on the timeliness and efficiency of legal
processes and court-martial adjudications.
(E) Potential legal challenges to the system.
(F) Potential changes in prosecution and conviction
rates.
(G) Potential impacts on the preservation of good order
and discipline, including the ability of a commander to
carry out nonjudicial punishment and other administrative
actions.
(H) Such other considerations as the Secretary con-
siders appropriate.
(3) A comparative analysis of the military justice systems
of relevant foreign allies with the current military justice
system of the United States and the alternative military justice
system, including whether or not approaches of the military
justice systems of such allies to determinations described in
subsection (a) are appropriate for the military justice system
of the United States.
Assessment. (4) An assessment of the feasibility and advisability of
conducting a pilot program to assess the feasibility and advis-
ability of the alternative military justice system, and, if the
pilot program is determined to be feasible and advisable—
(A) an analysis of potential legal issues in connection
with the pilot program, including potential issues for
appeals; and
Recommenda- (B) recommendations on the following:
tions. (i) The populations to be subject to the pilot pro-
gram.
(ii) The duration of the pilot program.
(iii) Metrics to measure the effectiveness of the
pilot program.
(iv) The resources to be used to conduct the pilot
program.
SEC. 540G. REPORT ON STANDARDIZATION AMONG THE MILITARY
DEPARTMENTS IN COLLECTION AND PRESENTATION OF
INFORMATION ON MATTERS WITHIN THE MILITARY JUS-
TICE SYSTEM.
Consultation. Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report setting forth the following:
Plan. (1) A plan for actions to provide for standardization, to
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the extent practicable, among the military departments in the
collection and presentation of information on matters within
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1369
their military justice systems, including information collected
and maintained for purposes of section 940a of title 10, United
States Code (article 140a of the Uniform Code of Military
Justice), and such other information as the Secretary considers
appropriate.
(2) An assessment of the feasibility and advisability of Assessment.
establishing and maintaining a single, Department of Defense-
wide data management system for the standardized collection
and presentation of information described in paragraph (1).
SEC. 540H. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT
POLICY ACROSS THE ARMED FORCES.
(a) REPORT.—Not late than 180 days after the date of the Consultation.
enactment of this Act, the Secretary of Defense shall, in consultation Assessment.
with the Secretaries of the military departments and the Secretary
of Homeland Security, submit to the Committees on Armed Services
of the Senate and the House of Representatives a report setting
forth an assessment of the feasibility and advisability of expanding
the applicability of the safe to report policy described in subsection
(b) so that the policy applies across the Armed Forces.
(b) SAFE TO REPORT POLICY.—The safe to report policy described
in this subsection is the policy, currently applicable in the Air
Force alone, under which a member of the Armed Forces who
is the victim of an alleged sexual assault committed by another
member of the Armed Forces, but who may have committed minor
collateral misconduct at or about the time of such alleged sexual
assault, or whose minor collateral misconduct at or about such
time is discovered only as a result of the investigation into such
alleged sexual assault, may report such alleged sexual assault to
proper authorities without fear or receipt of discipline in connection
with such minor collateral misconduct.
SEC. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARI- 10 USC 810 note.
TIES IN THE MILITARY JUSTICE SYSTEM.
(a) IN GENERAL.—The Secretary of Defense shall provide for
the carrying out of the activities described in subsections (b) and
(c) in order to improve the ability of the Department of Defense
to detect and address racial, ethnic, and gender disparities in the
military justice system.
(b) SECRETARY OF DEFENSE AND RELATED ACTIVITIES.—The Deadlines.
activities described in this subsection are the following, to be com-
menced or carried out (as applicable) by not later than 180 days
after the date of the enactment of this Act:
(1) For each court-martial conducted by an Armed Force
after the date of the enactment of this Act, the Secretary
of Defense shall require the head of the Armed Force con-
cerned—
(A) to record the race, ethnicity, and gender of the
victim and the accused, and such other demographic
information about the victim and the accused as the Sec-
retary considers appropriate;
(B) to include data based on the information described
in subparagraph (A) in the annual military justice reports
of the Armed Force.
(2) The Secretary of Defense, in consultation with the Secre- Consultation.
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taries of the military departments and the Secretary of Home- Guidance.
land Security, shall issue guidance that—
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133 STAT. 1370 PUBLIC LAW 116–92—DEC. 20, 2019
Criteria. (A) establishes criteria to determine when data indi-
cating possible racial, ethnic, or gender disparities in the
military justice process should be further reviewed; and
(B) describes how such a review should be conducted.
Consultation. (3) The Secretary of Defense, in consultation with the Secre-
taries of the military departments and the Secretary of Home-
land Security, shall—
Evaluation. (A) conduct an evaluation to identify the causes of
any racial, ethnic, or gender disparities identified in the
military justice system;
(B) take steps to address the causes of any such dispari-
ties, as appropriate.
(c) DAC–IPAD ACTIVITIES.—
Reviews. (1) IN GENERAL.—The activities described in this subsection
Assessments. are the following, to be conducted by the independent committee
DAC–IPAD:
(A) A review and assessment, by fiscal year, of the
race and ethnicity of members of the Armed Forces accused
of a penetrative sexual assault offense or contact sexual
assault offense in an unrestricted report made pursuant
to Department of Defense Instruction 6495.02, including
an unrestricted report involving a spouse or intimate
partner, in all cases completed in each fiscal year assessed.
(B) A review and assessment, by fiscal year, of the
race and ethnicity of members of the Armed Forces against
whom charges were preferred pursuant to Rule for Courts-
Martial 307 for a penetrative sexual assault offense or
contact sexual assault offense in all cases completed in
each fiscal year assessed.
(C) A review and assessment, by fiscal year, of the
race and ethnicity of members of the Armed Forces who
were convicted of a penetrative sexual assault offense or
contact sexual assault offense in all cases completed in
each fiscal year assessed.
(2) INFORMATION FROM FEDERAL AGENCIES.—
(A) IN GENERAL.—Upon request by the chair of the
committee, a department or agency of the Federal Govern-
ment shall provide information that the committee con-
siders necessary to conduct reviews and assessments
required by paragraph (1), including military criminal
investigation files, charge sheets, records of trial, and per-
sonnel records.
Records. (B) HANDLING, STORAGE, AND RETURN.—The committee
shall handle and store all records received and reviewed
under this subsection in accordance with applicable privacy
laws and Department of Defense policy, and shall return
all records so received in a timely manner.
(3) REPORT.—Not later than one year after the date of
the enactment of this Act, the committee shall submit to the
Secretary of Defense, and to the Committees on Armed Services
of the Senate and the House of Representatives, a report setting
forth the results of the reviews and assessments required by
Recommenda- paragraph (1). The report shall include such recommendations
tions. for legislative or administrative action as the committee con-
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siders appropriate in light of such results.
(4) DEFINITIONS.—In this subsection:
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1371
(A) The term ‘‘independent committee DAC–IPAD’’
means the independent committee established by the Sec-
retary of Defense under section 546 of the Carl Levin
and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–
291; 128 Stat. 3374), commonly known as the ‘‘DAC-IPAD’’.
(B) The term ‘‘case’’ means an unrestricted report of
any penetrative sexual assault offense or contact sexual
assault offense made against a member of the Armed
Forces pursuant to Department of Defense Instruction
6495.02, including any unrestricted report involving a
spouses or intimate partner for which an investigation
has been opened by a criminal investigative organization.
(C) The term ‘‘completed’’, with respect to a case, means
that the case was tried to verdict, dismissed without further
action, or dismissed and then resolved by non-judicial or
administrative proceedings.
(D) The term ‘‘contact sexual assault offense’’ means
aggravated sexual contact, abusive sexual contact, wrongful
sexual contact, and attempts to commit such offenses under
the Uniform Code of Military Justice.
(E) The term ‘‘penetrative sexual assault offense’’
means rape, aggravated sexual assault, sexual assault, forc-
ible sodomy, and attempts to commit such offenses under
the Uniform Code of Military Justice.
SEC. 540J. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE 10 USC 810 note.
MILITARY JUSTICE SYSTEM.
(a) IN GENERAL.—Each Secretary of a military department
shall carry out a pilot program on defense investigators within
the military justice system under the jurisdiction of such Secretary
in order to do the following:
(1) Determine whether the presence of defense investigators Determination.
within such military justice system will—
(A) make such military justice system more effective
in providing an effective defense for the accused; and
(B) make such military justice system more fair and
efficient.
(2) Otherwise assess the feasibility and advisability of Assessment.
defense investigators as an element of such military justice
system.
(b) ELEMENTS.—
(1) INTERVIEW OF VICTIM.—A defense investigator may
question a victim under a pilot program only upon a request
made through the Special Victims’ Counsel or other counsel
if the victim does not have such counsel.
(2) UNIFORMITY ACROSS MILITARY JUSTICE SYSTEMS.—The
Secretary of Defense shall ensure that the personnel and activi-
ties of defense investigators under the pilot programs are, to
the extent practicable, uniform across the military justice sys-
tems of the military departments.
(c) REPORT.—
(1) IN GENERAL.—Not later than three years after the date Consultation.
of the enactment of this Act, the Secretary of Defense shall,
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in consultation with the Secretaries of the military depart-
ments, submit to the Committees on Armed Services of the
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133 STAT. 1372 PUBLIC LAW 116–92—DEC. 20, 2019
Senate and the House of Representatives a report on the pilot
programs under subsection (a).
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including the
personnel and activities of defense investigators under such
pilot program.
Assessment. (B) An assessment of the feasibility and advisability
of establishing and maintaining defense investigators as
an element of the military justice systems of the military
departments.
Recommenda- (C) If the assessment under subparagraph (B) is that
tions. the establishment and maintenance of defense investigators
as an element of the military justice systems of the military
departments is feasible and advisable, such recommenda-
tions for legislative and administrative action as the Sec-
retary of Defense considers appropriate to establish and
maintain defense investigators as an element of the mili-
tary justice systems.
(D) Any other matters the Secretary of Defense con-
siders appropriate.
SEC. 540K. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED
REPORT ON SEXUAL ASSAULT FOR VICTIMS OF SEXUAL
ASSAULT FOLLOWING CERTAIN VICTIM OR THIRD-PARTY
COMMUNICATIONS.
Recommenda- (a) REPORT REQUIRED.—Not later than 180 days after the date
tions. of the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report making findings and recommendations
on the feasibility and advisability of a policy for the Department
of Defense that would permit a victim of a sexual assault, that
is or may be investigated as a result of a communication described
in subsection (b), which victim is a member of the Armed Forces
or an adult dependent of a member of the Armed Forces, to have
the reporting on the sexual assault be treated as a restricted
report without regard to the party initiating or receiving such
communication.
(b) COMMUNICATIONS.—A communication described in this sub-
section is a communication reporting a sexual assault as follows:
(1) By the victim to a member of the Armed Forces, whether
a commissioned officer or a noncommissioned officer, in the
chain of command of the victim or the victim’s military sponsor.
(2) By the victim to military law enforcement personnel
or personnel of a military criminal investigative organization
(MCIO).
(3) By any individual other than victim.
(c) SCOPE OF FINDINGS AND RECOMMENDATIONS.—The report
required by subsection (a) may include recommendations for new
provisions of statute or regulations, or modification of current
statute or regulations, that may be required to put into effect
the findings and recommendations described in subsection (a).
(d) CONSULTATION.—In preparing the report required by sub-
section (a), the Secretary shall consult with the Defense Advisory
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Committee on Investigation, Prosecution, and Defense of Sexual
Assault in the Armed Forces (DAC–IPAD) under section 546 of
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1373
the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense
Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561 note).
SEC. 540L. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PRO-
GRAM FOR CERTAIN MILITARY DEPENDENTS WHO ARE
A VICTIM OR WITNESS OF AN OFFENSE UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE INVOLVING ABUSE
OR EXPLOITATION.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than one year after the date Assessment.
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth an
assessment of the feasibility and advisability of establishing
a guardian ad litem program for military dependents described
in paragraph (2) who are a victim or witness of an offense
under chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), that involves an element of abuse
or exploitation in order to protect the best interests of such
dependents in a court-martial of such offense.
(2) COVERED DEPENDENTS.—The military dependents
described in this paragraph are as follows:
(A) Military dependents under 12 years of age.
(B) Military dependents who lack mental or other
capacity.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of the feasibility and advisability of Assessment.
establishing a guardian ad litem program as described in sub-
section (a).
(2) If establishment of the guardian ad litem program
is considered feasible and advisable, the following:
(A) A description of administrative requirements in
connection with the program, including the following:
(i) Any memoranda of understanding between the Memoranda.
Department of Defense and State and local authorities
required for purposes of the program.
(ii) The personnel, funding, and other resources
required for purposes of the program.
(B) Best practices for the program (as determined in
consultation with appropriate civilian experts on child
advocacy).
(C) Such recommendations for legislative and adminis- Recommenda-
tration action to implement the program as the Secretary tions.
considers appropriate.
SEC. 540M. COMPTROLLER GENERAL OF THE UNITED STATES REPORT
ON IMPLEMENTATION BY THE ARMED FORCES OF
RECENT STATUTORY REQUIREMENTS ON SEXUAL
ASSAULT PREVENTION AND RESPONSE IN THE MILITARY.
(a) REPORT REQUIRED.—The Comptroller General of the United Study.
States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report, in writing,
on a study, conducted by the Comptroller General for purposes
of the report, on the implementation by the Armed Forces of statu-
tory requirements on sexual assault prevention and response in
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the military in the National Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136) and each succeeding national
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133 STAT. 1374 PUBLIC LAW 116–92—DEC. 20, 2019
defense authorization Act through the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232).
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
List. (1) A list and citation of each statutory requirement
(whether codified or uncodified) on sexual assault prevention
and response in the military in each national defense authoriza-
tion Act specified in paragraph (1), including—
(A) whether such statutory requirement is still in force;
and
(B) if such statutory requirement is no longer in force,
the date of the repeal or expiration of such requirement.
Assessments. (2) For each statutory requirement listed pursuant to para-
graph (1), the following:
(A) An assessment of the extent to which such require-
ment was implemented, or is currently being implemented,
as applicable, by each Armed Force to which such require-
ment applied or applies.
(B) A description and assessment of the actions taken
by each of the Department of Defense, the military depart-
ment concerned, and the Armed Force concerned to assess
and determine the effectiveness of actions taken pursuant
to such requirement in meeting its intended objective.
(3) Any other matters in connection with the statutory
requirements specified in subsection (a), and the implementa-
tion of such requirements by the Armed Forces, that the Comp-
troller General considers appropriate.
Deadline. (c) BRIEFINGS.—Not later than May 1, 2020, the Comptroller
Recommenda- General shall provide to the committees referred to in subsection
tions. (a) one or more briefings on the status of the study required by
subsection (a), including any preliminary findings and recommenda-
tions of the Comptroller General as a result of the study as of
the date of such briefing.
SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50.
It is the sense of Congress that—
(1) the American people should recognize the role of racial
bias during the era in which the prosecution and convictions
of the Port Chicago 50 took place for mutiny following the
deadliest home-front disaster in World War II, in which 320
were killed on July 17, 1944, during a munitions explosion;
and
(2) in light of the well-documented challenges associated
with uniformed service by African Americans during this era,
the Secretary of the Navy should, as appropriate, recommend
executive action in favor of the 49 remaining Sailors with
general court-martial convictions and the 207 remaining Sailors
with summary court-martial convictions.
Subtitle E—Other Legal Matters
SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS’ COUNSEL
AUTHORITIES.
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(a) ENHANCEMENT OF LEGAL CONSULTATION AND ASSISTANCE
IN CONNECTION WITH POTENTIAL VICTIM BENEFITS.—Paragraph
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1375
(8)(D) of subsection (b) of section 1044e of title 10, United States
Code, is amended by striking ‘‘and other’’ and inserting ‘‘, section
1408(h) of this title, and other’’.
(b) EXPANSION OF LEGAL ASSISTANCE AUTHORIZED TO INCLUDE
CONSULTATION AND ASSISTANCE FOR RETALIATION.—Subsection (b)
of such section is amended further—
(1) by redesignating paragraph (10) as paragraph (11);
and
(2) by inserting after paragraph (9) the following new para-
graph (10):
‘‘(10) Legal consultation and assistance in connection with
an incident of retaliation, whether such incident occurs before,
during, or after the conclusion of any criminal proceedings,
including—
‘‘(A) in understanding the rights and protections
afforded to victims of retaliation;
‘‘(B) in the filing of complaints; and
‘‘(C) in any resulting military justice proceedings.’’.
(c) STAFFING CASELOAD LEVELS.—Such section is further
amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) STAFFING CASELOAD LEVELS.—Commencing not later than Deadline.
four years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, each Secretary concerned
shall ensure that the number of Special Victims’ Counsel serving
in each military department (and with respect to the Coast Guard)
is sufficient to ensure that the average caseload of a Special Victims’
Counsel does not exceed, to the extent practicable, 25 cases any
given time.’’.
SEC. 542. AVAILABILITY OF SPECIAL VICTIMS’ COUNSEL AT MILITARY
INSTALLATIONS.
(a) DEADLINE FOR AVAILABILITY.—Section 1044e(f) of title 10,
United States Code, is amended by adding at the end the following
new paragraph:
‘‘(4)(A) Subject to subparagraph (B), if a Special Victims’
Counsel is not available at a military installation for access by
a member of the armed forces who requests access to a Special
Victims’ Counsel, a Special Victims’ Counsel shall be made available
at such installation for access by such member by not later than
72 hours after such request.
‘‘(B) If the Secretary concerned determines that, due to exigent
circumstances related to military activities, a Special Victims’
Counsel cannot be made available to a member of the armed forces
within the time period required by subparagraph (A), the Secretary
concerned shall ensure that a Special Victims’ Counsel is made
available to such member as soon as is practical under such cir-
cumstances.’’.
(b) REPORT ON CIVILIAN SUPPORT OF SVCS.—Not later than Assessment.
180 days after the date of the enactment of this Act, each Secretary
of a military department shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
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setting forth the assessment of such Secretary of the feasibility
and advisability of establishing and maintaining for each Special
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133 STAT. 1376 PUBLIC LAW 116–92—DEC. 20, 2019
Victims’ Counsel under the jurisdiction of such Secretary one or
more civilian positions for the purpose of—
(1) providing support to such Special Victims’ Counsel;
and
(2) ensuring continuity and the preservation of institutional
knowledge in transitions between the service of individuals
as such Special Victims’ Counsel.
SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
ORDER TO CIVILIAN LAW ENFORCEMENT.
(a) NOTIFICATION OF ISSUANCE.—Section 1567a of title 10,
United States Code, is amended—
Deadline. (1) in subsection (a), by striking ‘‘and any individual
involved in the order does not reside on a military installation
at any time during the duration of the military protective
order, the commander of the military installation shall notify’’
and inserting ‘‘, the commander of the unit to which the member
is assigned shall, not later than seven days after the date
of the issuance of the order, notify’’;
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new sub-
section (b);
Deadlines. ‘‘(b) NOTIFICATION IN EVENT OF TRANSFER.—In the event that
a member of the armed forces against whom a military protective
order is issued is transferred to another unit—
‘‘(1) not later than the date of the transfer, the commander
of the unit from which the member is transferred shall notify
the commander of the unit to which the member is transferred
of—
‘‘(A) the issuance of the protective order; and
‘‘(B) the individuals involved in the order; and
‘‘(2) not later than seven days after receiving the notice
under paragraph (1), the commander of the unit to which
the member is transferred shall provide notice of the order
to the appropriate civilian authorities in accordance with sub-
section (a).’’; and
(4) in subsection (c), as so redesignated, by striking ‘‘com-
mander of the military installation’’ and inserting ‘‘commander
of the unit to which the member is assigned’’.
(b) ANNUAL REPORT REQUIRED.—Not later than March 1, 2021,
and each year thereafter through 2025, the Secretary of Defense
shall submit to the congressional defense committees a report that
identifies—
(1) the number of military protective orders issued in the
calendar year preceding the year in which the report is sub-
mitted; and
(2) the number of such orders that were reported to appro-
priate civilian authorities in accordance with section 1567a(a)
of title 10, United States Code, in such preceding year.
SEC. 544. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF CER-
TAIN ACCREDITED INSTITUTIONS.
Section 105 of title 17, United States Code, is amended—
(1) by inserting ‘‘(a) In general.—’’ before ‘‘Copyright’’; and
(2) by adding at the end the following:
‘‘(b) COPYRIGHT PROTECTION OF CERTAIN OF WORKS.—Subject
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to subsection (c), the covered author of a covered work owns the
copyright to that covered work.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1377
‘‘(c) USE BY FEDERAL GOVERNMENT.—The Secretary of Defense
may direct the covered author of a covered work to provide the
Federal Government with an irrevocable, royalty-free, world-wide,
nonexclusive license to reproduce, distribute, perform, or display
such covered work for purposes of the United States Government.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered author’ means a civilian member
of the faculty of a covered institution.
‘‘(2) The term ‘covered institution’ means the following:
‘‘(A) National Defense University.
‘‘(B) United States Military Academy.
‘‘(C) Army War College.
‘‘(D) United States Army Command and General Staff
College.
‘‘(E) United States Naval Academy.
‘‘(F) Naval War College.
‘‘(G) Naval Post Graduate School.
‘‘(H) Marine Corps University.
‘‘(I) United States Air Force Academy.
‘‘(J) Air University.
‘‘(K) Defense Language Institute.
‘‘(L) United States Coast Guard Academy.
‘‘(3) The term ‘covered work’ means a literary work pro-
duced by a covered author in the course of employment at
a covered institution for publication by a scholarly press or
journal.’’.
SEC. 545. TERMINATION OF LEASES OF PREMISES AND MOTOR
VEHICLES OF SERVICEMEMBERS WHO INCUR CATA-
STROPHIC INJURY OR ILLNESS OR DIE WHILE IN MILITARY
SERVICE.
(a) CATASTROPHIC INJURIES AND ILLNESSES.—Subsection (a) of
section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955),
as amended by section 301 of the Veterans Benefits and Transition
Act of 2018 (Public Law 115–407), is further amended by adding
at the end the following new paragraph:
‘‘(4) CATASTROPHIC INJURY OR ILLNESS OF LESSEE.—The Time period.
spouse of the lessee on a lease described in subsection (b)
may terminate the lease during the one-year period beginning
on the date on which the lessee incurs a catastrophic injury
or illness (as that term is defined in section 439(g) of title
37, United States Code), if the lessee incurs the catastrophic
injury or illness during a period of military service or while
performing full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as such terms are
defined in section 101(d) of title 10, United States Code).’’.
(b) DEATHS.—Paragraph (3) of such subsection is amended by
striking ‘‘in subsection (b)(1)’’ and inserting ‘‘in subsection (b)’’.
SEC. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES
PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C.
3955) is amended—
(1) in paragraph (1), by inserting ‘‘(including orders for
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separation or retirement)’’ after ‘‘official military orders’’; and
(2) by adding at the end the following new paragraph:
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133 STAT. 1378 PUBLIC LAW 116–92—DEC. 20, 2019
Definition. ‘‘(3) PERMANENT CHANGE OF STATION.—The term ‘perma-
nent change of station’ includes separation or retirement from
military service.’’.
SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) IN GENERAL.—Section 802(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 4042(a)) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) be a representative party on behalf of members of
a class or be a member of a class, in accordance with the
Federal Rules of Civil Procedure, notwithstanding any previous
agreement to the contrary.’’.
50 USC 4042 (b) CONSTRUCTION.—The amendments made by subsection (a)
note. shall not be construed to imply that a person aggrieved by a
violation of such Act did not have a right to bring a civil action
as a representative party on behalf of members of a class or be
a member of a class in a civil action before the date of the enactment
of this Act.
10 USC 1044 SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC
note. VIOLENCE OFFENSES.
Deadline. (a) IN GENERAL.—Not later than December 1, 2020, the Sec-
retary of Defense shall carry out a program to provide legal counsel
(referred to in this section as ‘‘Counsel’’) to victims of alleged
domestic violence offenses who are otherwise eligible for military
legal assistance under section 1044 of title 10, United States Code.
(b) FORM OF IMPLEMENTATION.—The program required under
subsection (a) may be carried out as part of another program
of the Department of Defense or through the establishment of
a separate program.
(c) TRAINING AND TERMS.—The Secretary of Defense shall
ensure that Counsel—
(1) receive specialized training in legal issues commonly
associated with alleged domestic violence offenses; and
(2) to the extent practicable, serve as Counsel for a period
of not less than 2 years.
(d) ATTORNEY-CLIENT RELATIONSHIP.—The relationship between
a Counsel and a victim in the provision of legal advice and assist-
ance shall be the relationship between an attorney and client.
(e) PARALEGAL SUPPORT.—The Secretary of Defense shall
ensure that sufficient trained paralegal support is provided to
Counsel under the program.
(f) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the implementa-
tion of the program under subsection (a).
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
Assessment. (A) A description and assessment of the manner in
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which the Department of Defense will implement the pro-
gram required under subsection (a).
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1379
(B) An explanation of whether the program will be
carried out as part of another program of the Department
or through the establishment of a separate program.
(C) A comprehensive description of the additional per-
sonnel, resources, and training that will be required to
implement the program, including identification of the spe-
cific number of additional billets that will be needed to
staff the program.
(D) Recommendations for any modifications to law that Recommenda-
may be necessary to effectively and efficiently implement tions.
the program.
(g) ALLEGED DOMESTIC VIOLENCE OFFENSE DEFINED.—In this 10 USC 1044
section, the term ‘‘alleged domestic violence offense’’ means any note.
allegation of—
(1) a violation of section 928(b), 928b(1), 928b(5), or 930
of title 10, United States Code (article 128(b), 128b(1), 128b(5),
or 130 of the Uniform Code of Military Justice), when com-
mitted against a spouse, intimate partner, or immediate family
member;
(2) a violation of any other provision of subchapter X of
chapter 47 of such title (the Uniform Code of Military Justice),
when committed against a spouse, intimate partner, or imme-
diate family member; or
(3) an attempt to commit an offense specified in paragraph
(1) or (2) as punishable under section 880 of such title (article
80 of the Uniform Code of Military Justice).
SEC. 549. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PEND- 10 USC 806b
ENCY OF FURTHER ADMINISTRATIVE ACTION FOLLOWING note.
A DETERMINATION NOT TO REFER TO TRIAL BY COURT-
MARTIAL.
Under regulations prescribed by the Secretary of Defense, upon
a determination not to refer a case of alleged sexual assault for
trial by court-martial under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice), the commander making
such determination shall periodically notify the victim of the status
of a final determination on further action on such case, whether
non-judicial punishment under section 815 of such title (article
15 of the Uniform Code of Military Justice), other administrative
action, or no further action. Such notifications shall continue not Time period.
less frequently than monthly until such final determination.
SEC. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL 5 USC 552 note.
OFFENDER PROGRAM FOR CERTAIN PURPOSES.
(a) TREATMENT UNDER FOIA.—Victim disclosures under the
Catch a Serial Offender Program shall be withheld from public
disclosure under paragraph (b)(3) of section 552 of title 5, United
States Code (commonly referred to as the ‘‘Freedom of Information
Act’’).
(b) PRESERVATION OF RESTRICTED REPORT.—The transmittal
or receipt in connection with the Catch a Serial Offender Program
of a report on a sexual assault that is treated as a restricted
report shall not operate to terminate its treatment or status as
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a restricted report.
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133 STAT. 1380 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 1561a SEC. 550A. POLICIES AND PROCEDURES ON REGISTRATION AT MILI-
note. TARY INSTALLATIONS OF CIVILIAN PROTECTIVE ORDERS
APPLICABLE TO MEMBERS OF THE ARMED FORCES
ASSIGNED TO SUCH INSTALLATIONS AND CERTAIN
OTHER INDIVIDUALS.
Deadline. (a) POLICIES AND PROCEDURES REQUIRED.—Not later than one
Consultation. year after the date of the enactment of this Act, the Secretary
of Defense shall, in consultation with the Secretaries of the military
departments, establish policies and procedures for the registration
at military installations of any civilian protective orders described
in subsection (b), including the duties and responsibilities of com-
manders of installations in the registration process.
(b) CIVILIAN PROTECTIVE ORDERS.—A civilian protective order
described in this subsection is any civilian protective order as
follows:
(1) A civilian protective order against a member of the
Armed Forces assigned to the installation concerned.
(2) A civilian protective order against a civilian employee
employed at the installation concerned.
(3) A civilian protective order against the civilian spouse
or intimate partner of a member of the Armed Forces on active
duty and assigned to the installation concerned, or of a civilian
employee described in paragraph (2), which order provides for
the protection of such member or employee.
(c) PARTICULAR ELEMENTS.—The policies and procedures
required by subsection (a) shall include the following:
(1) A requirement for notice between and among the com-
mander, military law enforcement elements, and military
criminal investigative elements of an installation when a
member of the Armed Forces assigned to such installation,
a civilian employee employed at such installation, a civilian
spouse or intimate partner of a member assigned to such
installation, or a civilian spouse or intimate partner of a civilian
employee employed at such installation becomes subject to a
civilian protective order.
(2) A statement of policy that failure to register a civilian
protective order may not be a justification for the lack of
enforcement of such order by military law enforcement and
other applicable personnel who have knowledge of such order.
(d) LETTER.—As soon as practicable after establishing the poli-
cies and procedures required by subsection (a), the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a letter that includes the following:
(1) A detailed description of the policies and procedures.
Certification. (2) A certification by the Secretary that the policies and
procedures have been implemented on each military installa-
tion.
10 USC 1561 SEC. 550B. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION
note. OF SEXUAL MISCONDUCT.
(a) ESTABLISHMENT REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall establish
and maintain within the Department of Defense an advisory
committee to be known as the ‘‘Defense Advisory Committee
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for the Prevention of Sexual Misconduct’’ (in this section
referred to as the ‘‘Advisory Committee’’).
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1381
(2) DEADLINE FOR ESTABLISHMENT.—The Secretary shall
establish the Advisory Committee not later than one year after
the date of the enactment of this Act.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Advisory Committee shall consist Appointments.
of not more than 20 members, appointed by the Secretary
from among individuals who have an expertise appropriate
for the work of the Advisory Committee, including at least
one individual with each expertise as follows:
(A) Expertise in the prevention of sexual assault and
behaviors on the sexual assault continuum of harm.
(B) Expertise in adverse behaviors, including the
prevention of suicide and the prevention of substance
abuse.
(C) Expertise in the change of culture of large organiza-
tions.
(D) Expertise in implementation science.
(2) BACKGROUND OF INDIVIDUALS.—Individuals appointed
to the Advisory Committee may include individuals with exper-
tise in sexual assault prevention efforts of institutions of higher
education, public health officials, and such other individuals
as the Secretary considers appropriate.
(3) PROHIBITION ON MEMBERSHIP OF MEMBERS OF ARMED
FORCES ON ACTIVE DUTY.—A member of the Armed Forces
serving on active duty may not serve as a member of the
Advisory Committee.
(c) DUTIES.—
(1) IN GENERAL.—The Advisory Committee shall advise
the Secretary on the following:
(A) The prevention of sexual assault (including rape,
forcible sodomy, other sexual assault, and other sexual
misconduct (including behaviors on the sexual assault con-
tinuum of harm)) involving members of the Armed Forces.
(B) The policies, programs, and practices of each mili-
tary department, each Armed Force, and each military
service academy for the prevention of sexual assault as
described in subparagraph (A).
(2) BASIS FOR PROVISION OF ADVICE.—For purposes of pro- Reviews.
viding advice to the Secretary pursuant to this subsection,
the Advisory Committee shall review, on an ongoing basis,
the following:
(A) Closed cases involving allegations of sexual assault
described in paragraph (1).
(B) Efforts of institutions of higher education to prevent
sexual assault among students.
(C) Any other information or matters that the Advisory
Committee or the Secretary considers appropriate.
(3) COORDINATION OF EFFORTS.—In addition to the reviews
required by paragraph (2), for purposes of providing advice
to the Secretary the Advisory Committee shall also consult
and coordinate with the Defense Advisory Committee on Inves-
tigation, Prosecution, and Defense of Sexual Assault in the
Armed Forces (DAC-IPAD) on matters of joint interest to the
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two Advisory Committees.
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133 STAT. 1382 PUBLIC LAW 116–92—DEC. 20, 2019
(d) ANNUAL REPORT.—Not later than March 30 each year, the
Advisory Committee shall submit to the Secretary and the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a report on the activities of the Advisory Committee pursuant
to this section during the preceding year.
Definitions. (e) SEXUAL ASSAULT CONTINUUM OF HARM.—In this section,
the term ‘‘sexual assault continuum of harm’’ includes—
(1) inappropriate actions (such as sexist jokes), sexual
harassment, gender discrimination, hazing, cyber bullying, or
other behavior that contributes to a culture that is tolerant
of, or increases risk for, sexual assault; and
(2) maltreatment or ostracism of a victim for a report
of sexual misconduct.
(f) TERMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Advisory Committee shall terminate on the date that is five
years after the date of the establishment of the Advisory Com-
mittee pursuant to subsection (a).
(2) CONTINUATION.—The Secretary of Defense may continue
the Advisory Committee after the termination date applicable
under paragraph (1) if the Secretary determines that continu-
ation of the Advisory Committee after that date is advisable
Notification. and appropriate. If the Secretary determines to continue the
Advisory Committee after that date, the Secretary shall notify
the Committees on the Armed Services of the Senate and
House of Representatives.
10 USC 1044e SEC. 550C. TRAINING FOR SPECIAL VICTIMS’ COUNSEL ON CIVILIAN
note. CRIMINAL JUSTICE MATTERS IN THE STATES OF THE
MILITARY INSTALLATIONS TO WHICH ASSIGNED.
(a) TRAINING.—
(1) IN GENERAL.—Except as provided in subsection (c), upon
the assignment of a Special Victims’ Counsel (including a Victim
Legal Counsel of the Navy) to a military installation in the
United States, such Counsel shall be provided appropriate
training on the law and policies of the State or States in
which such military installation is located with respect to the
criminal justice matters specified in paragraph (2). The purpose
of the training is to assist such Counsel in providing victims
of alleged sex-related offenses with information necessary to
make an informed decision regarding preference as to the juris-
diction (whether court-martial or State court) in which such
offenses will be prosecuted.
(2) CRIMINAL JUSTICE MATTERS.—The criminal justice mat-
ters specified in this paragraph, with respect to a State, are
the following:
(A) Victim rights.
(B) Prosecution of criminal offenses.
(C) Sentencing for conviction of criminal offenses.
(D) Protective orders.
(b) ALLEGED SEX-RELATED OFFENSE DEFINED.—In this section,
the term ‘‘alleged sex-related offense’’ means any allegation of—
(1) a violation of section 920, 920b, 920c, or 930 of title
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10, United States Code (article 120, 120b, 120c, or 130 of
the Uniform Code of Military Justice); or
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1383
(2) an attempt to commit an offense specified in a para-
graph (1) as punishable under section 880 of title 10, United
States Code (article 80 of the Uniform Code of Military Justice).
(c) EXCEPTION.—The requirements of this section do not apply
to a Special Victims’ Counsel of the Coast Guard.
SEC. 550D. ENHANCING THE CAPABILITY OF MILITARY CRIMINAL 10 USC 1561
INVESTIGATIVE ORGANIZATIONS TO PREVENT AND COM- note prec.
BAT CHILD SEXUAL EXPLOITATION.
(a) IN GENERAL.—Beginning not later than 180 days after the Deadline.
date of the enactment of this Act, the Secretary of Defense shall
establish and carry out an initiative to enhance the capability
of military criminal investigative organizations to prevent and com-
bat child sexual exploitation.
(b) ACTIVITIES.—In establishing and carrying out the initiative
under subsection (a), the Secretary of Defense may—
(1) work with internal and external functional experts to
train the personnel of military criminal investigative organiza-
tions across the Department regarding—
(A) technologies, tools, and techniques, including digital
forensics, to enhance the investigation of child sexual
exploitation; and
(B) evidence-based forensic interviewing of child vic-
tims, and the referral of child victims for trauma-informed
mental and medical health care, and other treatment and
support services;
(2) to the extent authorized by law, collaborate with Fed-
eral, State, local, and other civilian law enforcement agencies
on issues relating to child sexual exploitation, including by—
(A) participating in task forces established by such
agencies for the purpose of preventing and combating child
sexual exploitation;
(B) establishing cooperative agreements to facilitate
co-training and collaboration with such agencies; and
(C) ensuring that streamlined processes for the referral
of child sexual exploitation cases to other agencies and
jurisdictions, as appropriate, are fully operational;
(3) as appropriate, assist in educating the military commu-
nity on the prevention and response to child sexual exploitation;
and
(4) carry out such other activities as the Secretary deter-
mines to be relevant.
SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE
OF MILITARY PROTECTIVE ORDERS.
(a) STUDY.—The Secretary of Defense shall conduct a study
on the feasibility of establishing a database of military protective
orders issued by military commanders against individuals suspected
of having committed an offense of domestic violence under section
928b of title 10, United States Code (article 128b of the Uniform
Code of Military Justice). The study shall include an examination
of each of the following:
(1) The feasibility of creating a database to record, track,
and report such military protective orders to the National
Instant Criminal Background Check System.
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(2) The feasibility of establishing a process by which a
military judge or magistrate may issue a protective order
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133 STAT. 1384 PUBLIC LAW 116–92—DEC. 20, 2019
against an individual suspected of having committed such an
offense.
(3) How the database and process described in paragraphs
(1) and (2), respectively, may differ from analogous civilian
databases and processes, including with regard to due process
and other procedural protections.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the results of
the study conducted under subsection (a).
SEC. 550F. GAO REVIEW OF USERRA AND SCRA.
(a) REPORT REQUIRED.—Not later than January 31, 2021, the
Comptroller General of the United States shall conduct a review
and submit a report to the Committees on Armed Services of
the Senate and House of Representatives regarding what the Comp-
troller General determines are the effects of the common commercial
and governmental practices of including a mandatory arbitration
clause in employment and consumer agreements, on the ability
of servicemembers to assert claims under and secure redress for
violations of—
(1) chapter 43 of title 38, United States Code (commonly
referred to as the ‘‘Uniformed Services Employment and Re-
employments Rights Act of 1994’’ and referred to in this section
as ‘‘USERRA’’); and
(2) the Servicemembers Civil Relief Act (50 U.S.C. 3901
et seq. (referred to in this section as ‘‘SCRA’’)).
(b) ELEMENTS.—The report under this section shall include
the following:
(1) Each process by which a servicemember may assert
a claim under USERRA or SCRA, including—
(A) administrative assistance;
(B) support, and dispute resolution processes provided
by Federal and State agencies;
(C) arbitration; and
(D) litigation.
Evaluations. (2) With regards to each process identified under paragraph
(1), an evaluation of—
(A) the flexibility the process affords to the servicemem-
ber and other parties to the process;
(B) the burden on the servicemember and other parties
to the process;
(C) the financial cost of the process to the servicemem-
ber and the other parties;
(D) the speed of each process, including the rate at
which each claim pursued under such process is resolved;
(E) the confidentiality of each process; and
(F) the effects of the process.
Data. (3) Based on data regarding the results of past actions
to enforce servicemember rights and benefits under USERRA
and SCRA, including data of the Departments of Defense and
Labor regarding dispute resolution under USERRA and data
of the Department of Justice regarding litigation under SCRA—
Analysis. (A) an analysis of the extent to which each of the
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processes identified in paragraph (1) has been employed
to address claims under USERRA or SCRA and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1385
(B) the extent to which each such process achieved
a final disposition favorable to the servicemember.
(4) An assessment of general societal trends in the use Assessment.
of mandatory arbitration clauses in employment and consumer
agreements, including any trend in a specific industry or
employment sector that relies on mandatory arbitration in such
contracts and agreements.
(5) An assessment and explanation of any effect— Assessment.
(A) of the use of mandatory arbitration clauses in
employment or consumer agreements on military readiness
and deployability.
(B) of USERRA or SCRA on the willingness of
employers to employ, and consumer service businesses to
provide services to servicemembers and their families.
Subtitle F—Member Education
SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS
OF THE ARMED FORCES AS STUDENTS AT LAW SCHOOLS.
(a) IN GENERAL.—Section 2004 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and enlisted members’’ after ‘‘commis-
sioned officers’’;
(B) by striking ‘‘bachelor of laws or’’; and
(C) by inserting ‘‘and enlisted members’’ after ‘‘twenty-
five officers’’;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting
‘‘or enlisted member’’ after ‘‘officer’’;
(B) by striking paragraph (1) and inserting the fol-
lowing new paragraph (1):
‘‘(1) either— Time periods.
‘‘(A) have served on active duty for a period of not
less than two years nor more than six years and be an
officer in the pay grade O–3 or below as of the time the
training is to begin; or
‘‘(B) have served on active duty for a period of not
less than four years nor more than eight years and be
an enlisted member in the pay grade E–5, E–6, or E–
7 as of the time the training is to begin;’’;
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1), as amended by
subparagraph (B), the following new paragraph (2):
‘‘(2) in the case of an enlisted member, meet all require-
ments for acceptance of a commission as a commissioned officer
in the armed forces; and’’; and
(E) in subparagraph (B) of paragraph (3), as redesig-
nated by subparagraph (C) of this paragraph, by striking
‘‘or law specialist’’;
(3) in subsection (c)—
(A) in the first sentence, by inserting ‘‘and enlisted
members’’ after ‘‘Officers’’; and
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(B) in the second sentence, by inserting ‘‘or enlisted
member’’ after ‘‘officer’’ each place it appears;
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133 STAT. 1386 PUBLIC LAW 116–92—DEC. 20, 2019
(4) in subsection (d), by inserting ‘‘and enlistment members’’
after ‘‘officers’’;
(5) in subsection (e), by inserting ‘‘or enlistment member’’
after ‘‘officer’’; and
(6) in subsection (f), by inserting ‘‘or enlisted member’’
after ‘‘officer’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 2004. Detail as students at law schools; commissioned offi-
cers; certain enlisted members’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 2001 beginning of chapter 101 of such title is amended by striking
prec. the item relating to section 2004 and inserting the following
new item:
‘‘2004. Detail as students at law schools; commissioned officers; certain enlisted
members.’’.
SEC. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE
STARBASE PROGRAM.
Section 2193b of title 10, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘and the Secretary of
the Department in which the Coast Guard is operating’’ after
‘‘military departments’’; and
(2) in subsection (f), by striking ‘‘and the Secretaries of
the military departments’’ and inserting ‘‘, the Secretaries of
the military departments, and the Secretary of the Department
in which the Coast Guard is operating’’.
SEC. 553. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY
ARMAMENT GRADUATE SCHOOL; LIMITATION ON
ESTABLISHMENT OF CERTAIN EDUCATIONAL INSTITU-
TIONS.
(a) DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY
ARMAMENT GRADUATE SCHOOL.—
(1) IN GENERAL.—Chapter 751 of title 10, United States
Code, is amended by adding at the end the following new
section:
10 USC 7422. ‘‘§ 7422. Degree granting authority for United States Army
Armament Graduate School
‘‘(a) AUTHORITY.—Under regulations prescribed by the Secretary
of the Army, the Chancellor of the United States Army Armament
Graduate School may, upon the recommendation of the faculty
and provost of the school, confer appropriate degrees upon graduates
who meet the degree requirements.
‘‘(b) LIMITATION.—A degree may not be conferred under this
section unless—
Recommenda- ‘‘(1) the Secretary of Education has recommended approval
tions. of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
‘‘(2) the United States Army Armament Graduate School
is accredited by the appropriate civilian academic accrediting
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agency or organization to award the degree, as determined
by the Secretary of Education.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1387
‘‘(c) CONGRESSIONAL NOTIFICATION REQUIREMENTS.—(1) When
seeking to establish degree granting authority under this section,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives—
‘‘(A) a copy of the self-assessment questionnaire required Records.
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education’s National Advisory Committee
on Institutional Quality and Integrity; and
‘‘(B) the subsequent recommendations and rationale of the Recommenda-
Secretary of Education regarding the establishment of the tions.
degree granting authority.
‘‘(2) Upon any modification or redesignation of existing degree Reports.
granting authority, the Secretary of Defense shall submit to the Recommenda-
tions.
Committees on Armed Services of the Senate and House of Rep-
resentatives a report containing the rationale for the proposed
modification or redesignation and any subsequent recommendation
of the Secretary of Education on the proposed modification or
redesignation.
‘‘(3) The Secretary of Defense shall submit to the Committees Reports.
on Armed Services of the Senate and House of Representatives
a report containing an explanation of any action by the appropriate
academic accrediting agency or organization not to accredit the
United States Army Armament Graduate School to award any
new or existing degree.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end 10 USC 7401
the following new item: prec.
‘‘7422. Degree granting authority for United States Army Armament Graduate
School.’’.
(b) LIMITATION.—
(1) IN GENERAL.—Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2017. Limitation on establishment of postsecondary edu- 10 USC 2017.
cational institutions pending notice to Congress
‘‘(a) LIMITATION.—The Secretary of Defense may not establish Time period.
a postsecondary educational institution within the Department of
Defense until a period of one year has elapsed following the date
on which the Secretary notifies the congressional defense commit-
tees of the intent of the Secretary to establish the institution.
‘‘(b) POSTSECONDARY EDUCATIONAL INSTITUTION DEFINED.—In
this section, the term ‘postsecondary educational institution’ means
a school or other educational institution that is intended to provide
students with a course of instruction that is comparable, in length
and academic rigor, to a course of instruction for which an associ-
ate’s, bachelor’s, or graduate degree may be awarded.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end 10 USC 2001
the following new item: prec.
‘‘2017. Limitation on establishment of postsecondary educational institutions pend-
ing notice to Congress.’’.
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(3) APPLICABILITY.—Section 2017 of title 10, United States 10 USC 2017
Code, as added by paragraph (1), shall apply with respect note.
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133 STAT. 1388 PUBLIC LAW 116–92—DEC. 20, 2019
to postsecondary educational institutions intended to be estab-
lished by the Secretary of Defense on or after the date of
the enactment of this Act.
SEC. 554. PROHIBITION ON OFF-DUTY EMPLOYMENT FOR CADETS AND
MIDSHIPMEN COMPLETING OBLIGATED SERVICE AFTER
GRADUATION.
(a) MILITARY ACADEMY.—Section 7448(a)(5)(A) of title 10,
United States Code, is amended by inserting ‘‘or seek or accept
approval for off-duty employment while completing the cadet’s
commissioned service obligation’’ before ‘‘to obtain employment’’.
(b) NAVAL ACADEMY.—Section 8459(a)(5)(A) of title 10, United
States Code, is amended by inserting ‘‘or seek or accept approval
for off-duty employment while completing the midshipman’s
commissioned service obligation’’ before ‘‘to obtain employment’’.
(c) AIR FORCE ACADEMY.—Section 9448(a)(5)(A) of title 10,
United States Code, is amended by inserting ‘‘or seek or accept
approval for off-duty employment while completing the cadet’s
commissioned service obligation’’ before ‘‘to obtain employment’’.
SEC. 555. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET
OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY WHO
IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED
OFFENSE.
(a) UNITED STATES MILITARY ACADEMY.—Section 7461 of title
10, United States Code, is amended by adding at the end the
following new subsection:
‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET
WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE.—
(1) The Secretary of the Army shall provide for timely consideration
of and action on a request submitted by a cadet appointed to
the United States Military Academy who is the victim of an alleged
sexual assault or other offense covered by section 920, 920c, or
930 of this title (article 120, 120c, or 130 of the Uniform Code
of Military Justice) for transfer to another military service academy
or to enroll in a Senior Reserve Officers’ Training Corps program
affiliated with another institution of higher education.
Regulations. ‘‘(2) The Secretary of the Army shall prescribe regulations to
Guidelines. carry out this subsection, within guidelines provided by the Sec-
retary of Defense that—
‘‘(A) provide that the Superintendent of the United States
Military Academy shall ensure that any cadet who has been
appointed to the United States Military Academy and who
is a victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal request
submitted by a cadet is processed as expeditiously as practicable
through the chain of command for review and action by the
Superintendent;
Coordination. ‘‘(B) direct the Superintendent of the United States Military
Academy, in coordination with the Superintendent of the mili-
tary service academy to which the cadet requests to transfer—
Deadline. ‘‘(i) to take action on a request for transfer under
this subsection not later than 72 hours after receiving
the formal request from the cadet;
‘‘(ii) to approve such request for transfer unless there
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are exceptional circumstances that require denial of the
request; and
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1389
‘‘(iii) upon approval of such request, to take all nec-
essary and appropriate action to effectuate the transfer
of the cadet to the military service academy concerned
as expeditiously as possible; and
‘‘(C) direct the Superintendent of the United States Military Coordination.
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers’ Training
Corps program at the institution of higher education to which
the cadet requests to transfer—
‘‘(i) to take action on a request for transfer under Deadline.
this subsection not later than 72 hours after receiving
the formal request from the cadet;
‘‘(ii) subject to the cadet’s acceptance for admission
to the institution of higher education to which the cadet
wishes to transfer, to approve such request for transfer
unless there are exceptional circumstances that require
denial of the application; and
‘‘(iii) to take all necessary and appropriate action to
effectuate the cadet’s enrollment in the institution of higher
education to which the cadet wishes to transfer and to
process the cadet for participation in the relevant Senior
Reserve Officers’ Training Corps program as expeditiously
as possible.
‘‘(3) If the Superintendent of the United States Military Deadline.
Academy denies a request for transfer under this subsection, the
cadet may request review of the denial by the Secretary of the
Army, who shall take action on such request not later than 72
hours after receipt of the formal request for review.
‘‘(4) The Secretary concerned shall ensure that all records of Records.
any request, determination, transfer, or other action under this Confidential
information.
subsection remain confidential, consistent with applicable law and
regulation.
‘‘(5) A cadet who transfers under this subsection may retain
the cadet’s appointment to the United States Military Academy
or may be appointed to the military service academy to which
the cadet transfers without regard to the limitations and require-
ments set forth in sections 7442, 8454, and 9442 of this title.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8480 of title
10, United States Code, is amended by adding at the end the
following new subsection:
‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A MID-
SHIPMAN WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED
OFFENSE.—(1) The Secretary of the Navy shall provide for timely
consideration of and action on a request submitted by a midshipman
appointed to the United States Naval Academy who is the victim
of an alleged sexual assault or other offense covered by section
920, 920c, or 930 of this title (article 120, 120c, or 130 of the
Uniform Code of Military Justice) for transfer to another military
service academy or to enroll in a Senior Reserve Officers’ Training
Corps program affiliated with another institution of higher edu-
cation.
‘‘(2) The Secretary of the Navy shall prescribe regulations to Regulations.
carry out this subsection, within guidelines provided by the Sec- Guidelines.
retary of Defense that—
‘‘(A) provide that the Superintendent of the United States
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Naval Academy shall ensure that any midshipman who has
been appointed to the United States Naval Academy and who
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133 STAT. 1390 PUBLIC LAW 116–92—DEC. 20, 2019
is a victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal request
submitted by a midshipman is processed as expeditiously as
practicable through the chain of command for review and action
by the Superintendent;
Coordination. ‘‘(B) direct the Superintendent of the United States Naval
Academy, in coordination with the Superintendent of the mili-
tary service academy to which the midshipman requests to
transfer—
Deadline. ‘‘(i) to take action on a request for transfer under
this subsection not later than 72 hours after receiving
the formal request from the midshipman;
‘‘(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
‘‘(iii) upon approval of such request, to take all nec-
essary and appropriate action to effectuate the transfer
of the midshipman to the military service academy con-
cerned as expeditiously as possible; and
Coordination. ‘‘(C) direct the Superintendent of the United States Naval
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers’ Training
Corps program at the institution of higher education to which
the midshipman requests to transfer—
Deadline. ‘‘(i) to take action on a request for transfer under
this subsection not later than 72 hours after receiving
the formal request from the midshipman;
‘‘(ii) subject to the midshipman’s acceptance for admis-
sion to the institution of higher education to which the
midshipman wishes to transfer, to approve such request
for transfer unless there are exceptional circumstances that
require denial of the application; and
‘‘(iii) to take all necessary and appropriate action to
effectuate the midshipman’s enrollment in the institution
of higher education to which the midshipman wishes to
transfer and to process the midshipman for participation
in the relevant Senior Reserve Officers’ Training Corps
program as expeditiously as possible.
Deadline. ‘‘(3) If the Superintendent of the United States Naval Academy
denies a request for transfer under this subsection, the midshipman
may request review of the denial by the Secretary of the Navy,
who shall take action on such request not later than 72 hours
after receipt of the formal request for review.
Records. ‘‘(4) The Secretary concerned shall ensure that all records of
Confidential any request, determination, transfer, or other action under this
information. subsection remain confidential, consistent with applicable law and
regulation.
‘‘(5) A midshipman who transfers under this subsection may
retain the midshipman’s appointment to the United States Naval
Academy or may be appointed to the military service academy
to which the midshipman transfers without regard to the limitations
and requirements set forth in sections 7442, 8454, and 9442 of
this title.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9461 of title
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10, United States Code, is amended by adding at the end the
following new subsection:
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1391
‘‘(e) CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET
WHO IS THE VICTIM OF A SEXUAL ASSAULT OR RELATED OFFENSE.—
(1) The Secretary of the Air Force shall provide for timely consider-
ation of and action on a request submitted by a cadet appointed
to the United States Air Force Academy who is the victim of
an alleged sexual assault or other offense covered by section 920,
920c, or 930 of this title (article 120, 120c, or 130 of the Uniform
Code of Military Justice) for transfer to another military service
academy or to enroll in a Senior Reserve Officers’ Training Corps
program affiliated with another institution of higher education.
‘‘(2) The Secretary of the Air Force shall prescribe regulations Regulations.
to carry out this subsection, within guidelines provided by the Guidelines.
Secretary of Defense that—
‘‘(A) provide that the Superintendent of the United States
Air Force Academy shall ensure that any cadet who has been
appointed to the United States Air Force Academy and who
is a victim of an alleged sexual assault or other offense referred
to in paragraph (1), is informed of the right to request a
transfer pursuant to this section, and that any formal request
submitted by a cadet is processed as expeditiously as practicable
through the chain of command for review and action by the
Superintendent;
‘‘(B) direct the Superintendent of the United States Air Coordination.
Force Academy, in coordination with the Superintendent of
the military service academy to which the cadet requests to
transfer—
‘‘(i) to take action on a request for transfer under Deadline.
this subsection not later than 72 hours after receiving
the formal request from the cadet;
‘‘(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
‘‘(iii) upon approval of such request, to take all nec-
essary and appropriate action to effectuate the transfer
of the cadet to the military service academy concerned
as expeditiously as possible; and
‘‘(C) direct the Superintendent of the United States Air Coordination.
Force Academy, in coordination with the Secretary of the mili-
tary department that sponsors the Senior Reserve Officers’
Training Corps program at the institution of higher education
to which the cadet requests to transfer—
‘‘(i) to take action on a request for transfer under Deadline.
this subsection not later than 72 hours after receiving
the formal request from the cadet;
‘‘(ii) subject to the cadet’s acceptance for admission
to the institution of higher education to which the cadet
wishes to transfer, to approve such request for transfer
unless there are exceptional circumstances that require
denial of the application; and
‘‘(iii) to take all necessary and appropriate action to
effectuate the cadet’s enrollment in the institution of higher
education to which the cadet wishes to transfer and to
process the cadet for participation in the relevant Senior
Reserve Officers’ Training Corps program as expeditiously
as possible.
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‘‘(3) If the Superintendent of the United States Air Force Deadline.
Academy denies a request for transfer under this subsection, the
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133 STAT. 1392 PUBLIC LAW 116–92—DEC. 20, 2019
cadet may request review of the denial by the Secretary of the
Air Force, who shall take action on such request not later than
72 hours after receipt of the formal request for review.
Records. ‘‘(4) The Secretary concerned shall ensure that all records of
Confidential any request, determination, transfer, or other action under this
information. subsection remain confidential, consistent with applicable law and
regulation.
‘‘(5) A cadet who transfers under this subsection may retain
the cadet’s appointment to the United States Air Force Academy
or may be appointed to the military service academy to which
the cadet transfers without regard to the limitations and require-
ments set forth in sections 7442, 8454, and 9442 of this title.’’.
SEC. 556. REDESIGNATION OF THE COMMANDANT OF THE UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY AS THE
DIRECTOR AND CHANCELLOR OF SUCH INSTITUTE.
(a) REDESIGNATION.—Section 9414b(a) of title 10, United States
Code, is amended—
(1) in the subsection heading, by striking ‘‘COMMANDANT’’
and inserting ‘‘DIRECTOR AND CHANCELLOR’’;
(2) by striking ‘‘Commandant’’ each place it appears and
inserting ‘‘Director and Chancellor’’; and
(3) in the heading of paragraph (3), by striking ‘‘COM-
MANDANT’’ and inserting ‘‘DIRECTOR AND CHANCELLOR’’.
(b) CONFORMING AMENDMENTS.—Section 9414(f) of such title
is amended by striking ‘‘Commandant’’ both places it appears and
inserting ‘‘Director and Chancellor’’.
10 USC 9414b (c) REFERENCES.—Any reference in any law, regulation, map,
note. document, paper, or other record of the United States to the Com-
mandant of the United States Air Force Institute of Technology
shall be deemed to be a reference to the Director and Chancellor
of the United States Air Force Institute of Technology.
SEC. 557. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR ASSO-
CIATE DEGREE PROGRAMS OF THE COMMUNITY COLLEGE
OF THE AIR FORCE.
Section 9415(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) Enlisted members of the armed forces other than the
Air Force who are participating in Community College of the
Air Force affiliated joint-service training and education
courses.’’.
10 USC 7431 SEC. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
note.
(a) TESTING.—The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) NO EFFECT ON ADMISSION.—The testing under subsection
(a) may not have any effect on admission to a military service
academy.
(c) RESULTS.—The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result
of the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialities that require success-
ful performance on the speech test.
(d) THERAPY.—The Superintendent shall furnish speech therapy
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to a cadet or midshipman under the jurisdiction of that Super-
intendent at the election of the cadet or midshipman.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1393
(e) REPORT.—Not later than 180 days after the date of the Lists.
enactment of this Act, the Secretaries of the military departments
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a joint report that includes the
following:
(1) The number of cadets or midshipmen with an identified
speech disorder in each military service academy.
(2) A list of the health care and administrative resources
related to speech disorders available to cadets and midshipmen
described in paragraph (1).
(3) A list of positions and specialties described in subsection
(c) pursued by the cadets and midshipmen described in para-
graph (1) at the time of graduation.
SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES.
The Secretary of each military department shall carry out
tuition assistance programs for members of an Armed Force under
the jurisdiction of that Secretary during fiscal year 2020 using
an amount not less than the sum of any amounts appropriated
for tuition assistance for members of that Armed Force for fiscal
year 2020.
SEC. 560. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION 10 USC 2007
PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUI- note.
TION ASSISTANCE PROGRAM.
(a) LIST OF PARTICIPATING INSTITUTIONS.—The Secretary of Public
Defense shall make available, on a publicly accessible website of information.
the Department of Defense, a list that identifies— Web posting.
(1) each institution of higher education that receives funds
under the Department of Defense Tuition Assistance Program;
and
(2) the amount of such funds received by the institution.
(b) ANNUAL UPDATES.—The Secretary of Defense shall update
the list described in subsection (a) not less frequently than once
annually.
SEC. 560A. INCLUSION OF INFORMATION ON FREE CREDIT MONI- 10 USC 992 note.
TORING IN ANNUAL FINANCIAL LITERACY BRIEFING.
The Secretary of each military department shall ensure that
the annual financial literacy education briefing provided to members
of the Armed Forces includes information on the availability of
free credit monitoring services pursuant to section 605A(k) of the
Fair Credit Reporting Act (15 U.S.C. 1681c–1(k)).
SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE 10 USC 2015
PILOT’S CERTIFICATES. note.
(a) PROGRAMS AUTHORIZED.—Each Secretary of a military
department may carry out a program under which qualified partici-
pants may obtain a private pilot’s certificate through an institution
of higher education with an accredited aviation program that is
approved by such Secretary pursuant to subsection (c).
(b) PARTICIPANT QUALIFICATIONS AND TYPES OF ASSISTANCE.—
(1) IN GENERAL.—In carrying out a program under sub-
section (a), the Secretary of a military department shall pre-
scribe—
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(A) the standards to be met for participation in the
program; and
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133 STAT. 1394 PUBLIC LAW 116–92—DEC. 20, 2019
(B) the types of assistance, if any, to be provided to
individuals who participate in the program.
(2) UNIFORMITY ACROSS MILITARY DEPARTMENTS.—To the
extent practicable, the standards and types of assistance pre-
scribed under paragraph (1) shall be uniform across the military
departments.
(c) APPROVED INSTITUTIONS OF HIGHER EDUCATION.—
List. (1) IN GENERAL.—In carrying out a program under sub-
section (a), the Secretary of a military department shall main-
tain a list of institutions of higher education (as that term
is defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) through which an individual participating
in the program may obtain a private pilot’s certificate.
(2) QUALIFICATIONS AND STANDARDS.—Any institution of
higher education included on a list under paragraph (1), and
any course of instruction toward obtaining a private pilot’s
certificate offered by such institution, shall meet such qualifica-
tions and standards as the Secretary shall prescribe for pur-
Requirement. poses of the program. Such qualifications and standards shall
include a requirement that any institution included on the
list award, to individual participating in the program, academic
credit at such institution for any portion of course work com-
pleted on the ground school course of instruction of such institu-
tion in connection with obtaining a private pilot’s certificate,
regardless of whether the participant fully completed the
ground school course of instruction.
(d) ANNUAL REPORTS ON PROGRAMS.—
(1) IN GENERAL.—Not later than February 28, 2021, and
each year thereafter, each Secretary of a military department
shall submit to Congress a report on the program, if any,
carried out by such Secretary under subsection (a) during the
preceding calendar year.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, for the program and year covered by such report,
the following:
(A) The total number of participants in the program.
(B) The number of private pilot’s certificates awarded
to participants in the program.
(C) The number of participants in the program who
fully completed a ground school course of instruction in
connection with obtaining a private pilot’s certificate.
Subtitle G—Member Training and
Transition
SEC. 561. REQUIREMENT TO PROVIDE INFORMATION REGARDING
BENEFITS CLAIMS TO MEMBERS DURING TAP COUN-
SELING.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(19) Information regarding how to file claims for benefits
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available to the member under laws administered by the Secre-
taries of Defense and Veterans Affairs.’’.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1395
SEC. 562. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE
SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP PRO-
GRAM FOR MEMBERS OF THE ARMED FORCES.
Section 1143(e) of title 10, United States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) Any program under this subsection may be carried out
at, through, or in consultation with such other departments or
agencies of the Federal Government as the Secretary of the military
department concerned considers appropriate.’’.
SEC. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT ON THE Evaluations.
IMPROVED TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232) is 132 Stat. 1772.
amended by adding at the end the following:
‘‘(E) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program for all
members of the Armed Forces.
‘‘(F) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program specifi-
cally for female members of the Armed Forces.’’.
SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT ON THE
IMPROVED TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232), as
amended by section 563 of this Act, is further amended—
(1) by redesignating subparagraphs (A) through (F) as sub-
paragraphs (B) through (G), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following new subparagraph (A):
‘‘(A) The total number of members eligible to attend
Transition Assistance Program counseling.’’; and
(3) by adding at the end the following new subparagraphs:
‘‘(H) The number of members who participated in pro-
grams under section 1143(e) of title 10, United States Code
(commonly referred to as ‘Job Training, Employment Skills,
Apprenticeships and Internships (JTEST-AI)’ or ‘Skill
Bridge’).
‘‘(I) Such other information as is required to provide
Congress with a comprehensive description of the participa-
tion of the members in the Transition Assistance Program
and programs described in subparagraph (H).’’.
SEC. 565. PROHIBITION ON GENDER-SEGREGATED TRAINING AT 10 USC 8431
MARINE CORPS RECRUIT DEPOTS. note prec.
(a) PARRIS ISLAND.—
(1) PROHIBITION.—Subject to paragraph (2), training at the
Marine Corps Recruit Depot, Parris Island, South Carolina,
may not be segregated based on gender.
(2) DEADLINE.—The Commandant of the Marine Corps
shall carry out this subsection not later than five years after
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the date of the enactment of this Act.
(b) SAN DIEGO.—
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133 STAT. 1396 PUBLIC LAW 116–92—DEC. 20, 2019
(1) PROHIBITION.—Subject to paragraph (2), training at the
Marine Corps Recruit Depot, San Diego, California, may not
be segregated based on gender.
(2) DEADLINE.—The Commandant of the Marine Corps
shall carry out this subsection not later than eight years after
the date of the enactment of this Act.
SEC. 566. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE JURIS-
DICTION OF THE SECRETARIES OF THE MILITARY DEPART-
MENTS.
(a) ASSESSMENT.—The Inspector General of the Department
of Defense shall conduct an assessment of the deaths of recruits
at facilities under the jurisdiction of the Secretaries of the military
departments, and the effectiveness of the current medical protocols
on the training bases.
(b) REPORT.—Not later than September 30, 2020, the Inspector
General shall submit to the Committees on Armed Services of
the Senate and the House of Representative a report containing
the results of the assessment conducted under subsection (a). The
report shall include the following:
Time period. (1) The number of recruits who died during basic training
in the five years preceding the date of the report.
(2) The causes of deaths described in paragraph (1).
(3) The types of medical treatment that was provided to
recruits described in paragraph (1).
(4) Whether any of the deaths identified under paragraph
(1) were found to be a result of medical negligence.
(5) A description of medical capabilities and personnel
available to the recruits at each facility.
(6) A description of medical resources accessible to the
recruits at the company level at each facility.
(7) A description of 24-hour medical resources available
to recruits at each facility.
Evaluation. (8) An evaluation of the guidelines and resources in place
to monitor sick recruits.
Evaluation. (9) An evaluation of how supervisors evaluate and deter-
mine whether a sick recruit should continue training or further
seek medical assistance.
Evaluation. (10) An evaluation of how the Secretaries of the military
departments can increase visibility of the comprehensive med-
ical status of a sick recruit to instructors and supervisors
in order to provide better situational awareness of the such
medical status.
Evaluation. (11) An evaluation of how to improve medical care for
recruits.
SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS
REGARDING DISINFORMATION CAMPAIGNS.
Deadline. (a) REVIEW.—Not later than 120 days after the enactment
of this Act, the Secretary of Defense shall conduct a review of
existing programs, tools, and resources of the Department of
Defense for training members of the Armed Forces and employees
of the Department regarding the threat of disinformation campaigns
specifically targeted at such individuals and the families of such
individuals.
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(b) REPORT REQUIRED.—Not later than 270 days after the enact-
ment of this Act, the Secretary of Defense shall submit a report
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1397
to the congressional defense committees regarding the programs,
tools, and resources identified under subsection (a).
SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION 10 USC 1144
ASSISTANCE PROGRAMS. note.
The training provided a commander of a military installation
in connection with the commencement of assignment to the installa-
tion shall include a module on the covered transition assistance
programs available for members of the Armed Forces assigned
to the installation.
SEC. 569. MACHINE READABILITY AND ELECTRONIC TRANSFER- 10 USC 1168
ABILITY OF CERTIFICATE OF RELEASE OR DISCHARGE note.
FROM ACTIVE DUTY (DD FORM 214).
(a) MODIFICATION REQUIRED.—The Secretary of Defense shall
modify the Certificate of Release or Discharge from Active Duty
(DD Form 214) to—
(1) be machine readable and electronically transferable;
and
(2) include a specific block explicitly identified as the loca-
tion in which a member of the Armed Forces may provide
one or more email addresses by which the member may be
contacted after discharge or release from active duty.
(b) DEADLINE FOR MODIFICATION.—The Secretary of Defense
shall release a revised Certificate of Release or Discharge from
Active Duty (DD Form 214), modified pursuant to subsection (a),
not later than four years after the date of the enactment of this
Act.
(c) REPORT.—Not later than 180 days after the date of the Determinations.
enactment of this Act, the Secretary of Defense shall submit a
report to Congress regarding the following:
(1) What systems of the Department of Defense require
an individual to manually enter information from DD Form
214.
(2) What activities of the Department of Defense require
a veteran or former member of the Armed Forces to provide
a physical copy of DD Form 214.
(3) The order of priority for modernizing items identified
under paragraphs (1) and (2) as determined by the Secretary.
(4) The estimated cost, as determined by the Secretary, Cost estimate.
to automate items identified under paragraphs (1) and (2).
SEC. 570. RECORDS OF SERVICE FOR RESERVES. 10 USC 10204
note.
(a) ESTABLISHMENT.—Not later than September 30, 2020, the Deadline.
Secretary of Defense shall establish and implement a standard
record of service for members of the reserve components of the
Armed Forces, similar to DD Form 214, that summarizes the record
of service of each such member, including dates of active duty
service.
(b) COORDINATION.—In carrying out this section, the Secretary
of Defense shall coordinate with the Secretary of Veterans Affairs
to ensure that the record established under this section is acceptable
as proof of service for former members of the reserve components
of the Armed Forces who are eligible for benefits under laws
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administered by the Secretary of Veterans Affairs to receive such
benefits.
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133 STAT. 1398 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 1161 SEC. 570A. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH
note prec. SEPARATIONS FOR MEMBERS OF THE ARMED FORCES
WHO SUFFER FROM MENTAL HEALTH CONDITIONS IN
CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER
VIOLENCE-RELATED, OR SPOUSAL-ABUSE OFFENSE.
(a) CONFIRMATION OF DIAGNOSIS OF CONDITION REQUIRED
BEFORE SEPARATION.—Before a member of the Armed Forces who
was the victim of a sex-related offense, an intimate partner violence-
related offense, or a spousal-abuse offense during service in the
Armed Forces (whether or not such offense was committed by
another member of the Armed Forces), and who has a mental
health condition not amounting to a physical disability, is separated,
discharged, or released from the Armed Forces based solely on
such condition, the diagnosis of such condition must be—
(1) corroborated by a competent mental health care profes-
sional at the peer level or a higher level of the health care
professional making the diagnosis; and
(2) endorsed by the Surgeon General of the military depart-
ment concerned.
(b) NARRATIVE REASON FOR SEPARATION IF MENTAL HEALTH
CONDITION PRESENT.—If the narrative reason for separation, dis-
charge, or release from the Armed Forces of a member of the
Armed Forces is a mental health condition that is not a disability,
the appropriate narrative reason for the separation, discharge, or
release shall be a condition, not a disability, or Secretarial authority.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘intimate partner violence-related offense’’
means the following:
(A) An offense under section 928 or 930 of title 10,
United States Code (article 128 or 130 of the Uniform
Code of Military Justice).
(B) An offense under State law for conduct identical
or substantially similar to an offense described in subpara-
graph (A).
(2) The term ‘‘sex-related offense’’ means the following:
(A) An offense under section 920 or 920b of title 10,
United States Code (article 120 or 120b of the Uniform
Code of Military Justice).
(B) An offense under State law for conduct identical
or substantially similar to an offense described in subpara-
graph (A).
(3) The term ‘‘spousal-abuse offense’’ means the following:
(A) An offense under section 928 of title 10, United
States Code (article 128 of the Uniform Code of Military
Justice).
(B) An offense under State law for conduct identical
or substantially similar to an offense described in subpara-
graph (A).
(d) EFFECTIVE DATE.—This section shall take effect 180 days
after the date of the enactment of this Act, and shall apply with
respect to separations, discharges, and releases from the Armed
Forces that occur on or after that effective date.
10 USC 1161 SEC. 570B. PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN
note prec. MEMBERS OF THE ARMED FORCES; CONSIDERATION OF
MILITARY SERVICE IN REMOVAL DETERMINATIONS.
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(a) PROHIBITION ON INVOLUNTARY SEPARATION.—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1399
(1) IN GENERAL.—No member of the Armed Forces may
be involuntarily separated from the Armed Forces solely
because that member is a covered member.
(2) COVERED MEMBER DEFINED.—In this subsection, the
term ‘‘covered member’’ means a member of the Armed Forces
who—
(A) possesses a current and valid employment
authorization document that was issued pursuant to the
memorandum of the Secretary of Homeland Security dated
June 15, 2012, and entitled ‘‘Exercising Prosecutorial
Discretion with Respect to Individuals who Came to the
United States as Children’’; or
(B) is currently in a temporary protected status under
section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a).
(b) CONSIDERATION OF MILITARY SERVICE IN REMOVAL DETER- 8 USC 1229 note.
MINATIONS.—
(1) IN GENERAL.—With regards to an individual, an
immigration officer shall take into consideration evidence of
military service by that individual in determining whether—
(A) to issue to that individual a notice to appear in
removal proceedings, an administrative order of removal,
or a reinstatement of a final removal order; and
(B) to execute a final order of removal regarding that
individual.
(2) DEFINITIONS.—In this subsection:
(A) The term ‘‘evidence of service’’ means evidence
that an individual served as a member of the Armed Forces,
and the characterization of each period of service of that
individual in the Armed Forces.
(B) The term ‘‘immigration officer’’ has the meaning
given that term in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 570C. INCLUSION OF QUESTION REGARDING IMMIGRATION Deadline.
STATUS ON PRESEPARATION COUNSELING CHECKLIST 10 USC 1142
(DD FORM 2648). note.
Not later than September 30, 2020, the Secretary of Defense
shall modify the preseparation counseling checklist for active compo-
nent, active guard reserve, active reserve, full time support, and
reserve program administrator service members (DD Form 2648)
to include a specific block wherein a member of the Armed Forces
may indicate that the member would like to receive information
regarding the immigration status of that member and expedited
naturalization.
SEC. 570D. COUNSELING FOR MEMBERS OF THE ARMED FORCES WHO 10 USC 1781
ARE NOT CITIZENS OF THE UNITED STATES ON NATU- note.
RALIZATION IN THE UNITED STATES.
(a) IN GENERAL.—The Secretary concerned shall furnish to
covered individuals under the jurisdiction of that Secretary coun-
seling regarding how to apply for naturalization in the United
States.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered individual’’ means a member of the
Armed Forces who is not a citizen of the United States.
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(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
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133 STAT. 1400 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 1781 SEC. 570E. PILOT PROGRAM ON INFORMATION SHARING BETWEEN
note. DEPARTMENT OF DEFENSE AND DESIGNATED RELATIVES
AND FRIENDS OF MEMBERS OF THE ARMED FORCES
REGARDING THE EXPERIENCES AND CHALLENGES OF
MILITARY SERVICE.
(a) PILOT PROGRAM REQUIRED.—
Deadline. (1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with the American Red Cross
to carry out a pilot program under which the American Red
Cross—
(A) encourages a member of the Armed Forces, upon
the enlistment or appointment of such member, to des-
ignate up to 10 persons to whom information regarding
the military service of such member shall be disseminated
using contact information obtained under paragraph (6);
and
Deadline. (B) provides such persons, within 30 days after the
date on which such persons are designated under subpara-
graph (A), the option to elect to receive such information
regarding military service.
(2) DISSEMINATION.—The Secretary shall disseminate
information described in paragraph (1)(A) under the pilot pro-
gram on a regular basis.
(3) TYPES OF INFORMATION.—The types of information to
be disseminated under the pilot program to persons who elect
to receive such information shall include information
regarding—
(A) aspects of daily life and routine experienced by
members of the Armed Forces;
(B) the challenges and stresses of military service,
particularly during and after deployment as part of a
contingency operation;
(C) the services available to members of the Armed
Forces and the dependents of such members to cope with
the experiences and challenges of military service;
(D) benefits administered by the Department of
Defense for members of the Armed Forces and the depend-
ents of such members;
(E) a toll-free telephone number through which such
persons who elect to receive information under the pilot
program may request information regarding the program;
and
(F) such other information as the Secretary determines
to be appropriate.
(4) PRIVACY OF INFORMATION.—In carrying out the pilot
program, the Secretary may not disseminate information under
paragraph (3) in violation of laws and regulations pertaining
to the privacy of members of the Armed Forces, including
requirements pursuant to—
(A) section 552a of title 5, United States Code; and
(B) the Health Insurance Portability and Account-
ability Act of 1996 (Public Law 104–191).
(5) NOTICE AND MODIFICATIONS.—In carrying out the pilot
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program, the Secretary shall, with respect to a member of
the Armed Forces—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1401
(A) ensure that such member is notified of the ability
to modify designations made by such member under para-
graph (1)(A); and
(B) upon the request of a member, authorize such
member to modify such designations at any time.
(6) CONTACT INFORMATION.—In making a designation under
the pilot program, a member of the Armed Forces shall provide
necessary contact information, specifically including an email
address, to facilitate the dissemination of information regarding
the military service of the member.
(7) OPT-IN AND OPT-OUT OF PROGRAM.—
(A) OPT-IN BY MEMBERS.—A member may participate
in the pilot program only if the member voluntarily elects
to participate in the program. A member seeking to make
such an election shall make such election in a manner,
and by including such information, as the Secretary and
the Red Cross shall jointly specify for purposes of the
pilot program.
(B) OPT-IN BY DESIGNATED RECIPIENTS.—A person des-
ignated pursuant to paragraph (1)(A) may receive informa-
tion under the pilot program only if the person makes
the election described in paragraph (1)(B).
(C) OPT-OUT.—In carrying out the pilot program, the
Secretary shall, with respect to a person who has elected
to receive information under such pilot program, cease
disseminating such information to that person upon request
of such person.
(b) SURVEY AND REPORT ON PILOT PROGRAM.—
(1) SURVEY.—Not later than two years after the date on Deadline.
which the pilot program commences, the Secretary, in consulta- Consultation.
tion with the American Red Cross, shall administer a survey
to persons who elected to receive information under the pilot
program for the purpose of receiving feedback regarding the
quality of information disseminated under this section,
including whether such information appropriately reflects the
military career progression of members of the Armed Forces.
(2) REPORT.—Not later than three years after the date
on which the pilot program commences, the Secretary shall
submit to the congressional defense committees a final report
on the pilot program which includes—
(A) the results of the survey administered under para-
graph (1);
(B) a determination as to whether the pilot program Determination.
should be made permanent; and
(C) recommendations as to modifications necessary to Recommenda-
improve the program if made permanent. tions.
(c) TERMINATION OF PILOT PROGRAM.—The pilot program shall
terminate upon submission of the report required by subsection
(b)(2).
SEC. 570F. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING 10 USC 1142
FROM THE ARMED FORCES WITH COMMUNITY-BASED note.
ORGANIZATIONS AND RELATED ENTITIES.
(a) IN GENERAL.—The Secretary of Defense and the Secretary Memorandums.
of Veterans Affairs shall jointly seek to enter into memoranda
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of understanding or other agreements with State veterans agencies
under which information from Department of Defense Form DD–
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133 STAT. 1402 PUBLIC LAW 116–92—DEC. 20, 2019
2648 on individuals undergoing retirement, discharge, or release
from the Armed Forces is transmitted to one or more State veterans
agencies, as elected by such individuals, to provide or connect
veterans to benefits or services as follows:
(1) Assistance in preparation of resumes.
(2) Training for employment interviews.
(3) Employment recruitment training.
(4) Other services leading directly to a successful transition
from military life to civilian life.
(5) Healthcare, including care for mental health.
(6) Transportation or transportation-related services.
(7) Housing.
(8) Such other benefits or services as the Secretaries jointly
consider appropriate for purposes of this section.
(b) INFORMATION TRANSMITTED.—The information transmitted
on individuals as described in subsection (a) shall be such informa-
tion on Form DD–2648 as the Secretaries jointly consider appro-
priate to facilitate community-based organizations and related enti-
ties in providing or connecting such individuals to benefits and
services as described in subsection (a).
(c) MODIFICATION OF FORM DD–2648.—The Secretary of
Defense shall make such modifications to Form DD–2648 as the
Secretary considers appropriate to allow an individual filling out
the form to indicate an email address at which the individual
may be contacted to receive or be connected to benefits or services
described in subsection (a).
(d) VOLUNTARY PARTICIPATION.—Information on an individual
may be transmitted to and through a State veterans agency as
described in subsection (a) only with the consent of the individual.
In giving such consent, an individual shall specify the following:
(1) The State veterans agency or agencies elected by the
individual to transmit such information as described in sub-
section (a).
(2) The benefits and services for which contact information
shall be so transmitted.
(3) Such other information on the individual as the indi-
vidual considers appropriate in connection with the transmittal.
10 USC 1144 SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR
note. THE TRANSITION ASSISTANCE PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense, the Secretary
of Veterans Affairs, and the Secretary of Labor may jointly carry
out a pilot program that creates a one-stop source for online applica-
tions for the purposes of assisting members of the Armed Forces
and Veterans participating in the Transition Assistance Program
(in this section referred to as ‘‘TAP’’).
(b) DATA SOURCES.—If the Secretaries carry out the pilot pro-
gram, any online application developed under such program shall,
in part, aggregate existing data from government resources and
the private sector under one uniform resource locator for the pur-
pose of assisting members of the Armed Forces and veterans partici-
pating in TAP.
(c) AVAILABILITY; ACCESSIBILITY.—Any online application devel-
oped under a pilot program shall, to the extent feasible be—
(1) widely available as a mobile application; and
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(2) easily accessible by veterans, members of the Armed
Forces, and employers.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1403
(d) ASSESSMENTS.— Deadlines.
(1) INTERIM ASSESSMENTS.—Not later than the dates that
are one and two years after the date of the commencement
of any pilot program under this section, the Secretaries shall
jointly assess the pilot program.
(2) FINAL ASSESSMENT.—Not later than the date that is
three years after the date of the commencement of any pilot
program under this section, the Secretaries shall jointly carry
out a final assessment of the pilot program.
(3) PURPOSE.—The general objective of each assessment
under this subsection shall be to determine if the online applica-
tion under the pilot program helps participants in TAP to
accomplish the goals of TAP, accounting for the individual
profiles of participants, including military experience and
geographic location.
(e) BRIEFING.—If the Secretaries carry out the pilot program,
the Secretary of Defense shall provide to the Committees on Armed
Services of the Senate and House of Representatives a briefing
on findings regarding the pilot program, including any recommenda-
tions for legislation.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘mobile application’’ means a software pro-
gram that runs on the operating system of a mobile device.
(2) The term ‘‘mobile device’’ means a smartphone, tablet
computer, or similar portable computing device that transmits
data over a wireless connection.
Subtitle H—Military Family Readiness and
Dependents’ Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR
ADOPTION IN MORE THAN ONE INCREMENT.
Paragraph (5) of section 701(i) of title 10, United States Code,
is amended—
(1) by striking ‘‘only in one increment’’ and inserting ‘‘in
more than one increment’’; and
(2) by inserting ‘‘in accordance with regulations prescribed
by the Secretary concerned’’ before the period.
SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH.
Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(l) A member of the armed forces who gives birth while on Time period.
active duty may be deployed during the period of 12 months begin-
ning on the date of such birth only with the approval of a health
care provider employed at a military medical treatment facility
and—
‘‘(1) at the election of such member; or
‘‘(2) in the interest of national security, as determined
by the Secretary of Defense.’’.
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133 STAT. 1404 PUBLIC LAW 116–92—DEC. 20, 2019
SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANS-
PORT REMAINS OF A COVERED DECEDENT TO NO MORE
THAN TWO PLACES SELECTED BY THE PERSON DES-
IGNATED TO DIRECT DISPOSITION OF THE REMAINS.
(a) AUTHORITY.—Section 1482(a)(8) of title 10, United States
Code, is amended to read as follows:
‘‘(8)(A) Transportation of the remains, and travel and
transportation allowances as specified in regulations prescribed
under section 464 of title 37 for an escort of one person, to
the place, subject to subparagraph (B), selected by the person
designated to direct disposition of the remains or, if such a
selection is not made, to a national or other cemetery which
is selected by the Secretary and in which burial of the decedent
is authorized.
‘‘(B) The person designated to direct disposition of the
remains may select two places under subparagraph (A) if the
second place is a national cemetery. If that person selects
two places, the Secretary concerned may pay for transportation
to the second place only by means of reimbursement under
subsection (b).
‘‘(C) When transportation of the remains includes transpor-
tation by aircraft under section 562 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned
shall provide, to the maximum extent practicable, for delivery
of the remains by air to the commercial, general aviation,
or military airport nearest to the place selected by the des-
ignee.’’.
10 USC 1482 (b) MILITARY ESCORT AND HONOR GUARD ONLY TO FIRST LOCA-
note. TION.—Section 562(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 1482 note) is amended by adding at the end the following:
‘‘If the person designated to direct disposition of the remains selects
two places under such section, the term means only the first of
those two places.’’.
SEC. 574. MILITARY FUNERAL HONORS MATTERS.
(a) FULL MILITARY HONORS CEREMONY FOR CERTAIN VET-
ERANS.—Section 1491(b) of title 10, United States Code, is amended
by adding at the end the following:
Determination. ‘‘(3) The Secretary concerned shall provide full military honors
(as determined by the Secretary concerned) for the funeral of a
veteran who—
‘‘(A) is first interred or first inurned in Arlington National
Cemetery on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020;
‘‘(B) was awarded the medal of honor or the prisoner-
of-war medal; and
‘‘(C) is not entitled to full military honors by the grade
of that veteran.’’.
10 USC 1491 (b) FULL MILITARY FUNERAL HONORS FOR VETERANS AT MILI-
note. TARY INSTALLATIONS.—
(1) INSTALLATION PLANS FOR HONORS REQUIRED.—The com-
mander of each military installation at or through which a
funeral honors detail for a veteran is provided pursuant to
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section 1491 of title 10, United States Code (as amended by
subsection (a)), shall maintain and carry out a plan for the
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1405
provision, upon request, of full military funeral honors at
funerals of veterans for whom a funeral honors detail is author-
ized in that section.
(2) ELEMENTS.—Each plan of an installation under para-
graph (1) shall include the following:
(A) Mechanisms to ensure compliance with the require-
ments applicable to the composition of funeral honors
details in section 1491(b) of title 10, United States Code
(as so amended).
(B) Mechanisms to ensure compliance with the require-
ments for ceremonies for funerals in section 1491(c) of
such title.
(C) In addition to the ceremonies required pursuant
to subparagraph (B), the provision of a gun salute, if other-
wise authorized, for each funeral by appropriate personnel,
including personnel of the installation, members of the
reserve components of the Armed Forces residing in the
vicinity of the installation who are ordered to funeral
honors duty, or members of veterans organizations or other
organizations referred to in section 1491(b)(2) of such title.
(D) Mechanisms for the provision of support authorized
by section 1491(d) of such title.
(E) Such other mechanisms and activities as the Sec-
retary concerned considers appropriate in order to assure
that full military funeral honors are provided upon request
at funerals of veterans.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘Secretary concerned’’ has the meaning
given that term in section 101(a)(9) of title 10, United
States Code.
(B) The term ‘‘veteran’’ has the meaning given that
term in section 1491(h) of title 10, United States Code.
SEC. 575. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY
FOR RELOCATED SPOUSES OF MEMBERS OF THE UNI-
FORMED SERVICES.
Section 1784 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY
THROUGH INTERSTATE COMPACTS.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall seek to Contracts.
enter into a cooperative agreement with the Council of State
Governments to assist with funding of the development of inter-
state compacts on licensed occupations in order to alleviate
the burden associated with relicensing in such an occupation
by spouse of a members of the armed forces in connection
with a permanent change of duty station of members to another
State.
‘‘(2) LIMITATION ON ASSISTANCE PER COMPACT.—The amount
provided under paragraph (1) as assistance for the development
of any particular interstate compact may not exceed $1,000,000.
‘‘(3) LIMITATION ON TOTAL AMOUNT OF ASSISTANCE.—The
total amount of assistance provided under paragraph (1) in
any fiscal year may not exceed $4,000,000.
‘‘(4) ANNUAL REPORT.—Not later than February 28 each
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year, the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
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133 STAT. 1406 PUBLIC LAW 116–92—DEC. 20, 2019
report on interstate compacts described in paragraph (1) devel-
oped through assistance provided under that paragraph. Each
report shall set forth the following:
‘‘(A) Any interstate compact developed during the pre-
ceding calendar year, including the occupational licenses
covered by such compact and the States agreeing to enter
into such compact.
‘‘(B) Any interstate compact developed during a prior
calendar year into which one or more additional States
agreed to enter during the preceding calendar year.
‘‘(5) EXPIRATION.—The authority to enter into a cooperative
agreement under paragraph (1), and to provide assistance
described in that paragraph pursuant to such cooperative agree-
ment, expire on September 30, 2024.’’.
SEC. 576. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING
OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS.
Section 1784a(b) of title 10, United States Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Assistance’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) A spouse who is eligible for a program under this section
and begins a course of education or training for a degree, license,
or credential described in subsection (a) may not become ineligible
to complete such course of education or training solely because
the member to whom the spouse is married is promoted to a
higher grade.’’.
SEC. 577. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE
LICENSURE AND CERTIFICATION COSTS OF A SPOUSE OF
A SERVICEMEMBER ARISING FROM RELOCATION.
Section 476(p) of title 37, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘armed forces’’ and
inserting ‘‘uniformed services’’;
(2) in paragraph (2), by striking ‘‘$500’’ and inserting
‘‘$1,000’’;
(3) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘and’’;
(B) in subparagraph (B), by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subpara-
graph:
Analysis. ‘‘(C) an analysis of whether the maximum reimbursement
amount under paragraph (2) is sufficient to cover the average
costs of relicensing described in paragraph (1).’’; and
(4) in paragraph (4), by striking ‘‘December 31, 2022’’ and
inserting ‘‘December 31, 2024’’.
SEC. 578. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER
ENTITLEMENT UNDER POST-9/11 EDUCATIONAL ASSIST-
ANCE PROGRAM.
Section 3319(j) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) The Secretary of Defense may not prescribe any regulation
that would provide for a limitation on eligibility to transfer unused
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education benefits to family members based on a maximum number
of years of service in the Armed Forces.’’.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1407
SEC. 579. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by
striking ‘‘on active duty (as defined in section 101(d)(5) of such
title)’’.
SEC. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE
ARMED FORCES.
(a) CLARIFYING TECHNICAL AMENDMENT TO DIRECT HIRE
AUTHORITY OF THE DEPARTMENT OF DEFENSE FOR CHILD CARE
SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT CEN-
TERS.—Section 559(e) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 1792 note)
is amended by inserting ‘‘(including family childcare coordinator
services and school age childcare coordinator services)’’ after
‘‘childcare services’’.
(b) ASSESSMENT OF FINANCIAL ASSISTANCE PROVIDED TO
CIVILIAN CHILD CARE PROVIDERS.—
(1) ASSESSMENT.—The Secretary of Defense shall assess
the maximum amount of financial assistance provided to
eligible civilian providers of child care services or youth pro-
gram services that furnish such service for members of the
armed forces and employees of the United States under section
1798 of title 10, United States Code. Such assessment shall
include the following:
(A) The determination of the Secretary whether the Determination.
maximum allowable financial assistance should be
standardized across the Armed Forces.
(B) Whether the maximum allowable amount ade-
quately accounts for high-cost duty stations.
(2) REPORT.—Not later than June 1, 2020, the Secretary
of Defense shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and any actions taken by the Secretary to remedy identified
shortfalls in assistance described in that paragraph.
(c) REDUCTION IN WAIT LISTS FOR CHILD CARE AT MILITARY 10 USC 1791
INSTALLATIONS.— note.
(1) REMEDIAL ACTION.—The Secretary of Defense shall take
steps the Secretary determines necessary to reduce the waiting
lists for child care at military installations to ensure that
members of the Armed Forces have meaningful access to child
care during tours of duty.
(2) REPORT.—Not later than June 1, 2020, the Secretary
of Defense shall provide a report to the Committees on Armed
Forces of the Senate and the House of Representative
regarding—
(A) action taken under paragraph (1); and
(B) any additional resources (including additional
funding for and child care facilities and workers) the Sec-
retary determines necessary to increase access described
in paragraph (1).
(d) GAO REVIEW.—The Comptroller General of the United
States shall conduct a review of the assessments, actions, and
determinations of the Secretary under subsections (b)(1) and (c).
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Not later than December 1, 2020, the Comptroller General shall Deadline.
submit to the Committees on Armed Services of the Senate and
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133 STAT. 1408 PUBLIC LAW 116–92—DEC. 20, 2019
the House of Representatives a report regarding the review per-
formed under this subsection.
(e) ASSESSMENT OF ACCESSIBILITY OF WEBSITES OF THE DEPART-
MENT OF DEFENSE RELATED TO CHILD CARE AND SPOUSAL EMPLOY-
MENT.—
(1) ASSESSMENT.—The Secretary of Defense shall review
the functions and accessibility of websites of the Department
of Defense designed for members of the Armed Forces and
the families of such members to access information and services
offered by the Department regarding child care, spousal employ-
ment, and other family matters.
(2) REPORT.—Not later than March 1, 2020, the Secretary
of Defense shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and actions taken to enhance accessibility of the websites.
Deadline. (f) PORTABILITY OF BACKGROUND INVESTIGATIONS FOR CHILD
10 USC 1792 CARE PROVIDERS.—Not later than 180 days after the date of the
note. enactment of this Act, the Secretary of Defense shall ensure that
the background investigation and training certification for a child
care provider employed by the Department of Defense in a facility
of the Department may be transferred to another facility of the
Department, without regard to which Secretary of a military depart-
ment has jurisdiction over either such facility.
SEC. 580A. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL
EXPENSES FOR NEXT OF KIN.
(a) TRANSPORTATION FOR REMAINS OF A MEMBER WHO DIES
NOT IN A THEATER OF COMBAT OPERATIONS.—Section 562 of the
John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109–364; 10 U.S.C. 1482 note), as amended by
section 573 of this Act, is further amended—
(1) in the heading, by striking ‘‘DYING IN A THEATER OF
COMBAT OPERATIONS’’; and
(2) in subsection (a), by striking ‘‘in a combat theater
of operations’’ and inserting ‘‘outside of the United States’’.
10 USC 1482 (b) TRANSPORTATION FOR FAMILY.—The Secretary of Defense
note. shall extend travel privileges via Invitational Travel Authorization
to family members of members of the Armed Forces who die outside
of the United States and whose remains are returned to the United
States through the mortuary facility at Dover Air Force Base,
Delaware.
10 USC 1475 SEC. 580B. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF
note prec. DEFENSE WITH REPRESENTATIVE GROUPS OF SUR-
VIVORS OF DECEASED MEMBERS OF THE ARMED FORCES.
(a) CHIEFS OF THE ARMED FORCES.—The Secretary of Defense
shall direct the chiefs of the Armed Forces to meet periodically
with representative groups of survivors of deceased members of
the Armed Forces to receive feedback from those survivors regarding
issues affecting such survivors. The Chief of the National Guard
Bureau shall meet with representative groups of survivors of
deceased members of the Air National Guard and the Army
National Guard.
(b) UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READI-
NESS.—The Under Secretary of Defense for Personnel and Readiness
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shall meet periodically with representative groups of survivors of
deceased members of the Armed Forces to discuss policies of the
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1409
Department of Defense regarding military casualties and Gold Star
families.
(c) BRIEFING.—Not later than April 1, 2020, the Under Sec- Deadline.
retary of Defense for Personnel and Readiness shall brief the Com-
mittee on Armed Services of the House of Representatives regarding
policies established and the results of the meetings under subsection
(b).
SEC. 580C. INFORMATION AND OPPORTUNITIES FOR REGISTRATION 10 USC 1566
FOR VOTING AND ABSENTEE BALLOT REQUESTS FOR note.
MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT OVERSEAS.
(a) IN GENERAL.—Not later than 45 days prior to a general Deadline.
election for Federal office, a member of the Armed Forces shall,
upon request, be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant
to section 103 of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20303), together with instructions on
the appropriate use of the ballot with respect to the State
in which the member is registered to vote.
(2) In the case of a member intending to vote in a State
that does not accept the Federal write-in absentee ballot as
a simultaneous application and acceptable ballot for Federal
elections, instructions on, and an opportunity to fill out, the
official post card form for absentee voter registration application
and absentee ballot application prescribed under section
101(b)(2) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301(b)(2)).
(b) PERSONNEL RESPONSIBLE OF DISCHARGE.—Ballots and
instructions pursuant to paragraph (1) of subsection (a), and
briefings and forms pursuant to paragraph (2) of such subsection,
shall be provided by Voting Assistance Officers or such other per-
sonnel as the Secretary of the military department concerned shall
designate.
SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE
TRACKING.
(a) STUDY.—The Director of the Federal Voting Assistance Pro-
gram of the Department of Defense shall conduct a study on the
feasibility of a pilot program providing full ballot tracking of over-
seas military absentee ballots through the mail stream in a manner
that is similar to the 2016 Military Ballot Tracking Pilot Program
conducted by the Federal Voting Assistance Program.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Director shall submit to Congress a
report on the results of the study conducted under subsection (a).
The report shall include—
(1) an estimate of the costs and requirements needed to Cost estimate.
conduct the pilot program described in subsection (a);
(2) a description of the organizations that would provide
substantial support for the pilot program;
(3) a time line for the phased implementation of the pilot Timeline.
program to all military personnel actively serving overseas;
(4) a method to determine under the pilot program if a
ballot was counted, and a way to provide such information
to the member of the Armed Forces casting the vote; and
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(5) a description of the efforts being undertaken to ensure
a reliable and secure military ballot tracking system.
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133 STAT. 1410 PUBLIC LAW 116–92—DEC. 20, 2019
SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STU-
DENTS.
(a) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated for fiscal year 2020 by section 301 and available for
operation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $10,000,000 shall
be available for payments under section 363 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106–398; 20 U.S.C. 7703a).
(2) USE OF CERTAIN AMOUNT.—Of the amount available
under paragraph (1) for payments as described in that para-
graph, $5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense,
in the discretion of the Secretary, to have higher concentrations
of military children with severe disabilities.
(b) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to
be appropriated for fiscal year 2020 by section 301 and available
for operation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $40,000,000 shall be
available only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 20 U.S.C. 7703b).
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘‘local educational agency’’ has the meaning given that
term in section 7013(9) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7713(9)).
10 USC 1784a SEC. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT
note. ACCOUNT PROGRAM FOR MILITARY SPOUSES.
The Secretary of Defense shall modify the My Career Advance-
ment Account program of the Department of Defense to ensure
that military spouses participating in the program may receive
financial assistance for the pursuit of a license, certification, or
Associate’s degree in any career field or occupation.
14 USC 2904 SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT
note. ACCOUNT PROGRAM FOR MILITARY SPOUSES.
The spouse of a member of the Coast Guard may participate
in the My Career Advancement Account program of the Department
of Defense if the Coast Guard reimburses the Department of
Defense.
SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILI-
TARY SPOUSES.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall submit to the committees on Armed
Services of the Senate and the House of Representatives a report
that includes a description of the following:
(1) Financial literacy programs currently designed specifi-
cally for military spouses.
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(2) Efforts to evaluate the effectiveness of financial literacy
programs.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1411
(b) PUBLIC AVAILABILITY.—The report submitted under sub-
section (a) shall be made available on a publicly accessible website
of the Department of Defense.
SEC. 580I. RI’KATAK GUEST STUDENT PROGRAM AT UNITED STATES
ARMY GARRISONØKWAJALEIN ATOLL.
(a) PROGRAM AUTHORIZED.—The Secretary of the Army may
conduct an assistance program to educate up to five local national
students per grade, per academic year, on a space-available basis
at the contractor-operated schools on United States Army Garri-
sonƒKwajalein Atoll. The program shall be known as the ‘‘Ri’katak
Guest Student Program’’.
(b) STUDENT ASSISTANCE.—Assistance that may be provided
to students participating in the program carried out pursuant to
subsection (a) includes the following:
(1) Classroom instruction.
(2) Extracurricular activities.
(3) Student meals.
(4) Transportation.
Subtitle I—Decorations and Awards
SEC. 581. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND
REPLACEMENT OF GOLD STAR LAPEL BUTTONS.
(a) EXPANSION OF AUTHORITY TO DETERMINE NEXT OF KIN
FOR ISSUANCE.—Section 1126 of title 10, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘widows, parents, and’’
in the matter preceding paragraph (1);
(2) in subsection (b), by striking ‘‘the widow and to each
parent and’’ and inserting ‘‘each’’; and
(3) in subsection (d)—
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following new paragraph (1):
‘‘(1) The term ‘next of kin’ means individuals standing Definition.
in such relationship to members of the armed forces described
in subsection (a) as the Secretaries concerned shall jointly
specify in regulations for purposes of this section.’’; and
(B) by redesignating paragraphs (5), (6), (7), and (8)
as paragraphs (2), (3), (4), and (5), respectively.
(b) REPLACEMENT.—Subsection (c) of such section is amended
by striking ‘‘and payment’’ and all that follows and inserting ‘‘and
without cost.’’.
SEC. 582. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT
FOR AWARD OF MILITARY DECORATIONS.
(a) HONORABLE SERVICE REQUIREMENT.—
(1) IN GENERAL.—Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 1136. Honorable service requirement for award of military 10 USC 1136.
decorations
‘‘No military decoration, including a medal, cross, or bar, or
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an associated emblem or insignia, may be awarded or presented
to any person, or to a representative of the person, if the service
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133 STAT. 1412 PUBLIC LAW 116–92—DEC. 20, 2019
of the person after the person distinguished himself or herself
has not been honorable.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 1121 beginning of chapter 57 of such title is amended by adding
prec. at the end the following:
‘‘1136. Honorable service requirement for award of military decorations.’’.
(b) CONFORMING AMENDMENTS.—Title 10, United States Code,
is further amended as follows:
(1) In section 7274—
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection
(c)’’;
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
Repeal. (2)(A) Section 8299 is repealed.
10 USC 8291 (B) The table of sections at the beginning of chapter 837
prec. is amended by striking the item relating to section 8299.
(3) In section 9274—
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection
(c)’’;
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(4) In section 9279, by striking subsection (c).
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR
TO JOHN J. DUFFY FOR ACTS OF VALOR IN VIETNAM.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time
limitations specified in section 7274 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President
may award the Medal of Honor under section 7271 of such title
to John J. Duffy for the acts of valor in Vietnam described in
subsection (b).
(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of John J. Duffy on April
14 and 15, 1972, in Vietnam for which he was previously awarded
the Distinguished-Service Cross.
10 USC 7271 SEC. 584. REVIEW OF WORLD WAR I VALOR MEDALS.
note.
(a) REVIEW REQUIRED.—Each Secretary concerned shall review
the service records of World War I veterans described in subsection
(b) under the jurisdiction of such Secretary in order to determine
whether any such veteran should be awarded the Medal of Honor
for valor during World War I.
(b) COVERED WORLD WAR I VETERANS.—The World War I vet-
erans whose service records may be reviewed under subsection
(a) are the following:
(1) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American
war veterans, and Native American war veterans who were
awarded the Distinguished Service Cross or the Navy Cross
for an action that occurred between April 6, 1917, and
November 11, 1918.
(2) African American war veterans, Asian American war
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veterans, Hispanic American war veterans, Jewish American
war veterans, and Native American war veterans who were
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1413
awarded the Croix de Guerre with Palm (that is, awarded
at the Army level or above) by the Government of France
for an action that occurred between April 6, 1917, and
November 11, 1918.
(3) African American war veterans, Asian American war
veterans, Hispanic American war veterans, Jewish American
war veterans, and Native American war veterans who were
recommended for a Medal of Honor for actions that occurred
from April 6, 1917, to November 11, 1918, if the Department
of Defense possesses or receives records relating to such rec-
ommendation.
(c) RECOMMENDATION BASED ON REVIEW.—If a Secretary con-
cerned determines, based upon the review under subsection (a),
that the award of the Medal of Honor to a covered World War
I veteran is warranted, such Secretary shall submit to the President
a recommendation that the President award the Medal of Honor
to that veteran.
(d) AUTHORITY TO AWARD MEDAL OF HONOR.—The Medal of
Honor may be awarded to a World War I veteran in accordance
with a recommendation of a Secretary concerned under subsection
(c).
(e) WAIVER OF TIME LIMITATIONS.—An award of the Medal
of Honor may be made under subsection (d) without regard to—
(1) section 7274 or 8298 of title 10, United States Code,
as applicable; and
(2) any regulation or other administrative restriction on—
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross or Navy Cross
has been awarded.
(f) DEADLINE.—The review under subsection (a) shall terminate
not later than five years after the date of the enactment of this
Act.
(g) DEFINITIONS.—
(1) IN GENERAL.—In this section:
(A) AFRICAN AMERICAN WAR VETERAN.—The term ‘‘Afri-
can American war veteran’’ means any person who served
in the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself as
of African descent on his military personnel records.
(B) ASIAN AMERICAN WAR VETERAN.—The term ‘‘Asian
American war veteran’’ means any person who served in
the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself
racially, nationally, or ethnically as originating from a
country in Asia on his military personnel records.
(C) HISPANIC AMERICAN WAR VETERAN.—The term ‘‘His-
panic American war veteran’’ means any person who served
in the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself
racially, nationally, or ethnically as originating from a
country where Spanish is an official language on his mili-
tary personnel records.
(D) JEWISH AMERICAN WAR VETERAN.—The term
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‘‘Jewish American war veteran’’ mean any person who
served in the United States Armed Forces between April
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133 STAT. 1414 PUBLIC LAW 116–92—DEC. 20, 2019
6, 1917, and November 11, 1918, and who identified himself
as Jewish on his military personnel records.
(E) NATIVE AMERICAN WAR VETERAN.—The term
‘‘Native American war veteran’’ means any person who
served in the United States Armed Forces between April
6, 1917, and November 11, 1918, and who identified himself
as a member of a federally recognized tribe within the
modern territory of the United States on his military per-
sonnel records.
(F) SECRETARY CONCERNED.—The term ‘‘Secretary con-
cerned’’ means—
(i) the Secretary of the Army, in the case of mem-
bers of the Armed Forces who served in the Army
between April 6, 1917, and November 11, 1918; and
(ii) the Secretary of the Navy, in the case of mem-
bers of the Armed Forces who served in the Navy
or the Marine Corps between April 6, 1917, and
November 11, 1918.
(2) APPLICATION OF DEFINITIONS OF ORIGIN.—If the military
personnel records of a person do not reflect the person’s mem-
bership in one of the groups identified in subparagraphs (B)
through (F) of paragraph (1) but historical evidence exists that
demonstrates the person’s Jewish faith held at the time of
service, or that the person identified himself as of African,
Asian, Hispanic, or Native American descent, the person may
be treated as being a member of the applicable group by the
Secretary concerned for purposes of this section.
Subtitle J—Miscellaneous Reports and
Other Matters
SEC. 591. CLARIFICATION OF THE TERM ‘‘ASSAULT’’ FOR PURPOSES
OF WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) SURVEYS OF MEMBERS OF THE ARMED FORCES.—Section
481 of title 10, United States Code, is amended by inserting
‘‘(including unwanted sexual contact)’’ after ‘‘assault’’ each place
it appears.
(b) SURVEYS OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE.—Section 481a of title 10, United States Code, is amended
by inserting ‘‘(including unwanted sexual contact)’’ after ‘‘assault’’
each place it appears.
10 USC 481 note. (c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on the date of the enactment of this
Act and shall apply with respect to surveys under sections 481
and 481a of title 10, United States Code, that are initiated after
such date.
SEC. 592. INCLUSION OF CERTAIN VETERANS ON TEMPORARY DIS-
ABILITY OR PERMANENT DISABLED RETIREMENT LISTS
IN MILITARY ADAPTIVE SPORTS PROGRAMS.
(a) INCLUSION OF CERTAIN VETERANS.—Subsection (a)(1) of sec-
tion 2564a of title 10, United States Code, is amended by striking
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‘‘for members of the armed forces who’’ and all that follows through
the period at the end and inserting the following: ‘‘for—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1415
‘‘(A) any member of the armed forces who is eligible
to participate in adaptive sports because of an injury, ill-
ness, or wound incurred in the line of duty in the armed
forces; and
‘‘(B) any veteran (as defined in section 101 of title
38), during the one-year period following the veteran’s date
of separation, who—
‘‘(i) is on the Temporary Disability Retirement List
or Permanently Disabled Retirement List;
‘‘(ii) is eligible to participate in adaptive sports
because of an injury, illness, or wound incurred in
the line of duty in the armed forces; and
‘‘(iii) was enrolled in the program authorized under
this section prior to the veteran’s date of separation.’’.
(b) CONFORMING AMENDMENT.—Subsection (b) of such section
is amended by inserting ‘‘and veterans’’ after ‘‘members’’.
(c) CLERICAL AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading of such section
is amended to read as follows:
‘‘§ 2564a. Provision of assistance for adaptive sports pro- 10 USC 2564a.
grams: members of the armed forces; certain vet-
erans’’.
(2) TABLE OF SECTION.—The table of sections at the begin-
ning of chapter 152 of such title is amended by striking the 10 USC 2551
item relating to section 2564a and inserting the following new prec.
item:
‘‘2564a. Provision of assistance for adaptive sports programs: members of the armed
forces; certain veterans.’’.
SEC. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY 10 USC 480 note
IN THE WORKPLACE. prec.
The Secretary of Defense shall include in appropriate surveys
administered by the Department of Defense questions regarding
whether respondents have ever—
(1) experienced or witnessed extremist activity in the work-
place; or
(2) reported such activity.
SEC. 594. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL
LITERACY EDUCATION FOR SEPARATING MEMBERS OF
THE ARMED FORCES.
(a) STUDY REQUIRED.—The Secretary of Defense, and with Coordination.
respect to members of the Coast Guard, in coordination with the
Secretary of the Department in which the Coast Guard is operating
when it is not operating as a service in the Navy, shall conduct
a study on the best practices to provide financial literacy education
for separating members of the Armed Forces.
(b) ELEMENTS.—The study required by subsection (a) shall
include—
(1) an examination, recommendations, and reporting on Recommenda-
best practices for providing financial literacy education to sepa- tions.
rating members of the Armed Forces; and
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(2) detailed current financial literacy programs for sepa-
rating members of the Armed Forces.
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133 STAT. 1416 PUBLIC LAW 116–92—DEC. 20, 2019
(c) CONSULTATION.—In conducting the study required by sub-
section (a), the Secretaries shall consult with the Financial Literacy
and Education Commission of the Department of the Treasury.
(d) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the committees on Armed Services of the Senate and the House
of Representatives a report on the study under subsection (a).
(e) FINANCIAL LITERACY DEFINED.—In this section, the term
‘‘financial literacy’’ means education regarding personal finance
including the insurance, credit, loan, banking, career training and
education benefits available to veterans.
SEC. 595. REPORT ON OVERSIGHT OF AUTHORIZED STRENGTHS OF
CERTAIN GRADES OF COMMISSIONED REGULAR AND
RESERVE OFFICERS OF THE ARMED FORCES.
(a) REPORT REQUIRED.—Not later than April 1, 2020, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on oversight
of the authorized strengths of commissioned regular officers of
the Armed Forces and commissioned reserve officers of the Armed
Forces in the grades as follows:
(1) The grades of major, lieutenant colonel, and colonel
in the Army, the Air Force, and the Marine Corps.
(2) The grades of lieutenant commander, commander, and
captain in the Navy.
Recommenda- (b) ELEMENTS.—The report required by subsection (a) shall
tions. include the following:
Assessments. (1) Such recommendations as the Secretary considers
appropriate on mechanisms to improve Department of Defense
oversight, and oversight by Congress, of the authorized
strengths of commissioned officers in the grades specified in
subsection (a), including the following:
Analysis. (A) An analysis of the history of each military depart-
ment in complying with the authorized strengths and
strengths in grade specified in sections 523 and 12005
of title 10, United States Code, including a description
of—
(i) the number of officers in each grade and Armed
Force concerned as of the end of each fiscal year
between fiscal year 2010 and fiscal year 2019; and
(ii) the number of officers authorized for such grade
and Armed Force as of the end of such fiscal year
under the applicable section.
(B) An assessment of the feasibility and advisability
of submitting to Congress each year a request for an
authorization for officers serving in the grades currently
covered by the tables in section 523 of title 10, United
States Code.
(C) An assessment of the feasibility and advisability
of submitting to Congress each year a proposal for legisla-
tion to update the tables in such section.
(D) An assessment of the advisability of converting
the authorization for end strengths for regular officers in
the grades specified in subsection (a) to a percentage-based
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approach like that currently utilized for reserve officers
in section 12005 of title 10, United States Code.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1417
(2) Such other recommendations as the Secretary considers
appropriate to improve the effectiveness of the oversight by
Congress of the number of commissioned regular and reserve
officers of the Armed Forces in the grades specified in sub-
section (a).
SEC. 596. REPORT ON CERTAIN WAIVERS.
(a) IN GENERAL.—Not later than 120 days after the date of
the enactment of this Act, and annually thereafter during the
two subsequent calendar years, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report identifying, with respect
to the reporting period for such report, and disaggregated by Armed
Force, the following:
(1) ACCESSION AND COMMISSION.—
(A) The number of individuals who were processed Effective date.
by a Secretary of a military department for a medical
accession or commissioning qualification determination on
or after April 12, 2019.
(B) Of the individuals described in subparagraph (A),
the number of such individuals who were found medically
disqualified pursuant to the standards established in DTM–
19–004 regarding enlistment in or commission as an officer
of an Armed Force under the jurisdiction of the Secretary
of a military department.
(C) Of the individuals described in subparagraph (A),
the number of such individuals—
(i) described in section I.b.(1), 1.b(2), 1.b(3), or
II.b.(1) of attachment 3 to DTM–19–004; and
(ii) who did not require a waiver or exception to
standards described in subparagraph (B).
(D) Of the individuals described in subparagraph (C),
the number of such individuals who enlisted or were
commissioned.
(E) Of the individuals described in subparagraph (B),
the number of such individuals who were considered for
a waiver or exception to standards described in subpara-
graph (B).
(F) Of the individuals described in subparagraph (E),
the number of such individuals who were denied such
a waiver or exception.
(G) Of the individuals described in subparagraph (E),
the number of such individuals who received such a waiver
or exception.
(H) Of the individuals described in subparagraph (G),
the number of such individuals who enlisted or were
commissioned.
(2) RETENTION.—
(A) The number of members of each Armed Force under Effective date.
the jurisdiction of the Secretary of a military department
who received a diagnosis of gender dysphoria on or after
April 12, 2019.
(B) Of the members described in subparagraph (A),
the number of members who were—
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(i) referred to the Disability Evaluation System;
or
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133 STAT. 1418 PUBLIC LAW 116–92—DEC. 20, 2019
(ii) subject to processing for administrative separa-
tion based on conditions and circumstances not consti-
tuting a physical disability that interfered with assign-
ment to or performance of duty.
(C) Of the members described in subparagraph (A),
the number of members who were subsequently considered
for a waiver or exception to standards established in DTM–
19–004 to permit those members to serve in other than
the biological sex of each such member.
(D) Of the members described in subparagraph (C),
the number of members who were granted such a waiver
or exception.
(E) Of the members described in subparagraph (C),
the number of members who were denied such a waiver
or exception.
(F) Of the members described in subparagraph (E),
the number of members who were discharged because of
such denial, aggregated by characterization of discharge.
(b) PROTECTION OF CERTAIN INFORMATION.—No report sub-
mitted under this section may contain any personally identifiable
information or protected health information of any individual.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘DTM–19–004’’ means the memorandum—
(A) issued by the Office of the Deputy Secretary of
Defense;
(B) dated March 12, 2019; and
(C) with the subject heading ‘‘Directive-type Memo-
randum (DTM)–19–004–Military Service by Transgender
Persons and Persons with Gender Dysphoria’’.
(2) The terms ‘‘exempt individuals’’ and ‘‘nonexempt
individuals’’ have the meanings given those terms in attach-
ment 3 to DTM–19–004.
(3) The term ‘‘reporting period’’ means, with respect to
a report submitted under subsection (a), the calendar year
most recently completed before the date on which such report
is to be submitted.
SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES.
Deadline. (a) IN GENERAL.—The Secretary of the Navy shall notify the
Time periods. congressional defense committees, in writing, not later than 30
10 USC 8013
note.
days after the end of each fiscal year quarter, of each covered
ship (if any) that met either condition as follows:
(1) The manning fit for such ship was less than 87 percent
for more than 14 days during such fiscal year quarter.
(2) The manning fill for such ship was less than 90 percent
for more than 14 days during such fiscal year quarter.
10 USC 8013 (b) ELEMENTS.—The notification required by subsection (a) shall
note. include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) If the lowest level of manning fit or manning fill for
the ship occurred during the fiscal year quarter concerned,
the level concerned and the date on which such level occurred.
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(5) If the lowest level of manning fit or manning fill for
the ship is projected to occur after the fiscal year quarter
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1419
concerned, the projected level and the date on which such
level is projected to occur.
(6) If not achieved as of the date of the notification the
projected date on which the Navy will achieve a manning
fit and fill at least 87 percent and 90 percent, respectively,
for the ship.
(7) If not achieved as of the date of the notification, the
projected date on which the Navy will achieve a manning
fit and fill of at least 92 percent and 95 percent, respectively,
for the ship.
(8) A description of the reasons the Navy has not achieved,
or will not achieve, as applicable, manning fit and fill of at
least 87 percent and 90 percent, respectively, for the ship,
including a detailed description of the specific ratings or skillset
areas that must be manned to achieve those percentages.
(9) A description of corrective actions the Navy is taking
to improve manning fit or manning fill on the ship.
(c) SPECIAL RULE.—For purposes of determining whether a 10 USC 8013
percentage of manning fit or manning fill has been achieved, a note.
sailor in a more senior paygrade may count as filling the billet
of a more junior paygrade, but a sailor in a more junior paygrade
may not count as filling the billet of a more senior paygrade.
(d) DEFINITIONS.—In this section: 10 USC 8013
(1) MANNING FIT.—The term ‘‘manning fit’’, in the case note.
of a ship, means the skills (rating), specialty skills (Navy
Enlisted Classifications), and experience (paygrade) for the ship
when compared with the ship manpower document requirement
and billets authorized for such skills and experience.
(2) MANNING FILL.—The term ‘‘manning fill’’, in the case
of a ship, means the total number of military personnel assigned
to the ship by rating when compared with the ship manpower
document requirement and billets authorized for the ship by
rating.
(3) COVERED SHIP.—The term ‘‘covered ship’’ means a
commissioned battle force ship that is included in the battle
force count of the Naval Vessel Register.
(e) SUNSET.—The requirement to submit notifications under 10 USC 8013
subsection (a) with respect to fiscal year quarters shall cease begin- note.
ning with fiscal year quarters in fiscal year 2025.
(f) REPEAL OF SUPERSEDED REQUIREMENTS.—Section 525 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232; 132 Stat. 1757; 10 U.S.C. 8013
note) is repealed.
SEC. 598. REPORT REGARDING USE OF AERIAL SYSTEMS OF THE
DEPARTMENT OF DEFENSE TO SUPPORT AGENCIES OF
STATES, TERRITORIES, AND THE FEDERAL GOVERNMENT.
(a) REPORT REQUIRED.—Not later than 180 days after the date Consultation.
of the enactment of this Act, the Secretary of Defense, in consulta-
tion with the Chief of the National Guard Bureau, shall submit
to the Committees on Armed Services of the House of Representa-
tives and the Senate a report regarding the requirements, policies,
and procedures governing the use of manned and unmanned aerial
systems of the Department of Defense to support State and Federal
agencies.
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(b) ELEMENTS.—The report under subsection (a) shall include
the following:
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133 STAT. 1420 PUBLIC LAW 116–92—DEC. 20, 2019
(1) A description of requirements for providing support
to State and Federal agencies that the Secretary considers
appropriate for planning, programming and budgeting
resources.
(2) A description of manned and unmanned aerial systems
that the Secretary regularly provides to support State and
Federal agencies, including examples of support provided, and
length of time to approve requests.
List. (3) A list of requests for such aerial systems from State
and Federal agencies during fiscal year 2019 that the Secretary
denied and the reason each such request was disapproved.
Overview. (4) An overview of current policies and procedures gov-
Procedures. erning the use of such aerial systems by States and Federal
agencies, including—
(A) procedures a State or Federal agency must follow
to obtain use of such aerial systems for natural disasters
and search and rescue operations;
(B) the typical amount of time needed to process such
requests, and whether such procedures can be streamlined;
and
(C) to what extent different policies and procedures
apply to unmanned aerial systems versus manned aerial
systems.
(5) A description of the different categories of unmanned
aerial systems of the Department of Defense, how such cat-
egories are managed, and whether the criteria for such cat-
egories affect the ability of the Secretary to use unmanned
aerial systems to support State or Federal agencies.
(6) An explanation of any restrictions on the use of such
unmanned aerial systems under—
(A) the ‘‘Guidance for the Domestic Use of Unmanned
Aircraft Systems in U.S. National Airspace’’, dated August
18, 2018;
(B) Department of Defense Instruction 3025.18
‘‘Defense Support to Civil Authorities’’; and
(C) other relevant guidance of the Department of
Defense.
(7) Whether restrictions described in paragraph (6) apply
differently to regular members of the Armed Forces serving
on active duty and to members of the National Guard.
(8) Whether members of the National Guard may operate
the different categories of such unmanned aerial systems when
operating under section 502(f) of title 32, United States Code.
Analysis. (9) An analysis of how the Secretary may improve access
to and knowledge of States and Federal agencies regarding
the availability of such unmanned aerial systems and related
request procedures.
(10) Whether—
(A) the Secretary has been unable to provide an
unmanned aerial system to support to a State agency at
the request of such State agency; and
(B) the Secretary has plans to make more unmanned
aerial systems available to fulfil such requests.
(11) Any other matters the Secretary determines appro-
priate.
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(c) FORM.—The report required by subsection (a) shall be sub-
mitted in unclassified form, but may include a classified annex.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1421
(d) STATE DEFINED.—In this section, the term ‘‘State’’ has the
meaning given that term in section 901 of title 32, United States
Code.
SEC. 599. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON 10 USC 1565b
AVAILABILITY OF SERVICES OF THE DEPARTMENT OF VET- note.
ERANS AFFAIRS RELATING TO SEXUAL TRAUMA.
(a) IN GENERAL.—The Secretary of Defense shall inform mem-
bers of the Armed Forces, using mechanisms available to the Sec-
retary, of the eligibility of such members for services of the Depart-
ment of Veterans Affairs relating to sexual trauma.
(b) INFORMATION FROM SEXUAL ASSAULT RESPONSE COORDINA-
TORS.—The Secretary of Defense shall ensure—
(1) that Sexual Assault Response Coordinators and uni-
formed victims advocates of the Department of Defense advise
members of the Armed Forces who report instances of sexual
trauma regarding the eligibility of such members for services
at the Department of Veterans Affairs; and
(2) that such information is included in mandatory training
materials.
(c) SEXUAL TRAUMA DEFINED.—In this section, the term ‘‘sexual
trauma’’ means psychological trauma described in section
1720D(a)(1) of title 38, United States Code.
SEC. 599A. AUTHORITY TO ISSUE AN HONORARY PROMOTION TO
COLONEL CHARLES E. MCGEE, UNITED STATES AIR
FORCE (RET.), TO THE GRADE OF BRIGADIER GENERAL.
(a) IN GENERAL.—Pursuant to section 1563 of title 10, United
States Code, the President may issue to Colonel Charles E. McGee,
United States Air Force (retired), a distinguished Tuskegee Airman,
an honorary promotion to the grade of brigadier general.
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement
of Charles E. McGee on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other benefits
from the United States to which Charles E. McGee is entitled
based upon his military service, or affect any benefits to which
any other person is or may become entitled based on such military
service.
SEC. 599B. AUTHORITY TO ISSUE AN HONORARY AND POSTHUMOUS
PROMOTION TO LIEUTENANT COLONEL RICHARD COLE,
UNITED STATES AIR FORCE (RET.), TO THE GRADE OF
COLONEL.
(a) IN GENERAL.—Pursuant to section 1563 of title 10, United
States Code, the President may issue to Lieutenant Colonel Richard
E. Cole, United States Air Force (retired), an honorary and post-
humous promotion to the grade of colonel.
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The advancement
of Richard E. Cole on the retired list of the Air Force under
subsection (a) shall not affect the retired pay or other benefits
from the United States to which Richard E. Cole would have been
entitled based upon his military service, or affect any benefits
to which any other person is or may become entitled based on
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such military service.
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133 STAT. 1422 PUBLIC LAW 116–92—DEC. 20, 2019
SEC. 599C. SENSE OF CONGRESS ON THE HONORABLE AND DISTIN-
GUISHED SERVICE OF GENERAL JOSEPH F. DUNFORD,
UNITED STATES MARINE CORPS, TO THE UNITED STATES.
It is the sense of Congress that—
(1) the United States deeply appreciates the decades of
honorable service of General Joseph F. Dunford, United States
Marine Corps; and
(2) the indispensable leadership of General Dunford and
his dedication to the men and women of the Armed Forces
demonstrates the finest example of service to the United States.
TITLE VI—MILITARY COMPENSATION
Subtitle A—Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization and rehabilita-
tion resulting from wounds, injury, or illness incurred while on duty in
a hostile fire area or exposed to an event of hostile fire or other hostile
action.
Sec. 602. Continued entitlements while a member of the Armed Forces participates
in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of eligibility for re-
tired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing following
determination that local civilian housing costs significantly differ from
such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel and transpor-
tation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while entitled to
an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B—Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Subtitle C—Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional compensation for de-
pendents to dependents of current members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor annuities by
amount of dependency and indemnity compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. Expansion of authority to provide financial assistance to civilian providers
of child care services or youth program services who provide such serv-
ices to survivors of members of the Armed Forces who die in combat in
the line of duty.
Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D—Defense Resale Matters
Sec. 631. Defense resale system matters.
Sec. 632. Procurement by commissary stores of certain locally sourced products.
Sec. 633. GAO review of defense resale optimization study.
Subtitle E—Morale, Welfare, and Recreation Privileges
Sec. 641. Extension of certain morale, welfare, and recreation privileges to Foreign
Service officers on mandatory home leave.
Sec. 642. Extension of pilot program on a Government lodging program.
Subtitle F—Reports and Other Matters
Sec. 651. Annual reports on approval of employment or compensation of retired
general or flag officers by foreign governments for emoluments clause
purposes.
Sec. 652. Report regarding transition from overseas housing allowance to basic al-
lowance for housing for servicemembers in the territories.
Sec. 653. Report on extension to members of the reserve components of the Armed
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Forces of special and incentive pays for members of the Armed Forces
not currently payable to members of the reserve components.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1423
Sec. 654. Study regarding recoupment of separation pay, special separation bene-
fits, and voluntary separation incentive payments from members of the
Armed Forces and veterans who receive disability compensation under
laws administered by the Secretary of Veterans Affairs.
Sec. 655. Report on implementation of contributions to the Department of Defense
Military Retirement Fund based on pay costs per Armed Force rather
than on Armed Forces-wide basis.
Sec. 656. Report on food insecurity among members of the Armed Forces and their
dependents.
Subtitle A—Pay and Allowances
SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING HOS-
PITALIZATION AND REHABILITATION RESULTING FROM
WOUNDS, INJURY, OR ILLNESS INCURRED WHILE ON DUTY
IN A HOSTILE FIRE AREA OR EXPOSED TO AN EVENT OF
HOSTILE FIRE OR OTHER HOSTILE ACTION.
Section 372(b)(1) of title 37, United States Code, is amended
to read as follows:
‘‘(1) The date on which the member is returned for assign-
ment to other than a medical or patient unit for duty; however,
in the case of a member under the jurisdiction of a Secretary
of a military department, the date on which the member is
determined fit for duty.’’.
SEC. 602. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE
ARMED FORCES PARTICIPATES IN A CAREER INTER-
MISSION PROGRAM.
Section 710(h) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (2), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(3) the entitlement of the member and of the survivors
of the member to all death benefits under the provisions of
chapter 75 of this title;
‘‘(4) the provision of all travel and transportation allow-
ances for the survivors of deceased members to attend burial
ceremonies under section 481f of title 37; and
‘‘(5) the eligibility of the member for general benefits as
provided in part II of title 38.’’.
SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION
PAY.
Section 1175a(j) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘paragraphs (2) and (3)’’
and inserting ‘‘paragraphs (2), (3), and (4)’’;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new para-
graph:
‘‘(4) This subsection shall not apply to a member who—
‘‘(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
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‘‘(B) in the course of such duty, incurs a service-connected
disability rated as total under section 1155 of title 38.’’.
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133 STAT. 1424 PUBLIC LAW 116–92—DEC. 20, 2019
SEC. 604. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE
AGE OF ELIGIBILITY FOR RETIRED PAY FOR NON-REG-
ULAR SERVICE.
Section 12731(f)(2)(B)(i) of title 10, United States Code, is
amended by striking ‘‘under a provision of law referred to in section
101(a)(13)(B) or under section 12301(d)’’ and inserting ‘‘under sec-
tion 12301(d) or 12304b of this title, or under a provision of law
referred to in section 101(a)(13)(B)’’.
SEC. 605. TEMPORARY ADJUSTMENT OF RATES OF BASIC ALLOWANCE
FOR HOUSING FOLLOWING DETERMINATION THAT LOCAL
CIVILIAN HOUSING COSTS SIGNIFICANTLY DIFFER FROM
SUCH RATES.
Section 403(b) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
Determination. ‘‘(8)(A) The Secretary of Defense may prescribe a temporary
adjustment in the current rates of basic allowance for housing
for a military housing area or a portion thereof (in this paragraph,
‘BAH rates’) if the Secretary determines that the actual costs of
adequate housing for civilians in that military housing area or
portion thereof differs from the current BAH rates by more than
20 percent.
‘‘(B) Any temporary adjustment in BAH rates under this para-
graph shall remain in effect only until the effective date of the
first adjustment of BAH rates for the affected military housing
area that occurs after the date of the adjustment under this para-
graph.
Termination ‘‘(C) This paragraph shall cease to be effective on September
date. 30, 2022.’’.
SEC. 606. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT
OF DEFENSE.
(a) REFUNDS FOR OFFICIAL TRAVEL.—Subchapter I of chapter
8 of title 37, United States Code, is amended by adding at the
end the following new section:
37 USC 456. ‘‘§ 456. Managed travel program refunds
‘‘(a) CREDIT OF REFUNDS.—The Secretary of Defense may credit
refunds attributable to Department of Defense managed travel pro-
grams as a direct result of official travel to such operation and
maintenance or research, development, test, and evaluation
accounts of the Department as designated by the Secretary that
are available for obligation for the fiscal year in which the refund
or amount is collected.
‘‘(b) USE OF REFUNDS.—Refunds credited under subsection (a)
may only be used for official travel or operations and efficiency
improvements for improved financial management of official travel.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) MANAGED TRAVEL PROGRAM.—The term ‘managed
travel program’ includes air, rental car, train, bus, dining,
lodging, and travel management, but does not include rebates
or refunds attributable to the use of the Government travel
card, the Government Purchase Card, or Government travel
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arranged by Government Contracted Travel Management Cen-
ters.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1425
‘‘(2) REFUND.—The term ‘refund’ includes miscellaneous
receipts credited to the Department identified as a refund,
rebate, repayment, or other similar amounts collected.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 8 of such title is amended by inserting after the 37 USC 451 prec.
item relating to section 455 the following new item:
‘‘456. Managed travel program refunds.’’.
(c) CLARIFICATION ON RETENTION OF TRAVEL PROMOTIONAL
ITEMS.—Section 1116(a) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107–107; 5 U.S.C. 5702 note)
is amended—
(1) by striking ‘‘DEFINITION.—In this section, the term’’
and inserting the following: ‘‘DEFINITIONS.—In this section:
‘‘(1) The term’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The term ‘general public’ includes the Federal Govern-
ment or an agency.’’.
SEC. 607. ADDITION OF PARTIAL DISLOCATION ALLOWANCE TO
ALLOWABLE TRAVEL AND TRANSPORTATION EXPENSES
FOR SERVICEMEMBERS.
(a) CURRENT AUTHORITY.—Section 477(f)(1) of title 37, United
States Code, is amended by striking ‘‘family’’.
(b) FUTURE AUTHORITY.—Section 452(c) of title 37, United
States Code, is amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) A partial dislocation allowance paid to a member
ordered to occupy or vacate housing provided by the United
States.’’.
SEC. 608. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK PER-
FORMED WHILE ENTITLED TO AN ANNUITY SUPPLEMENT.
Section 8421a(c) of title 5, United States Code, is amended—
(1) by striking ‘‘full-time as an air traffic control instructor’’
and inserting ‘‘as an air traffic control instructor, or supervisor
thereof,’’; and
(2) by inserting ‘‘or supervisor’’ after ‘‘an instructor’’.
SEC. 609. INCREASE IN BASIC PAY. Effective date.
37 USC 1009
Effective on January 1, 2020, the rates of monthly basic pay note.
for members of the uniformed services are increased by 3.1 percent.
Subtitle B—Bonuses and Special Incentive
Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section
910(g) of title 37, United States Code, relating to income replace-
ment payments for reserve component members experiencing
extended and frequent mobilization for active duty service, is
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amended by striking ‘‘December 31, 2019’’ and inserting ‘‘December
31, 2020’’.
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133 STAT. 1426 PUBLIC LAW 116–92—DEC. 20, 2019
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES-
SIONALS.—The following sections of title 10, United States Code,
are amended by striking ‘‘December 31, 2019’’ and inserting
‘‘December 31, 2020’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sec-
tions of title 37, United States Code, are amended by striking
‘‘December 31, 2019’’ and inserting ‘‘December 31, 2020’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus.
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high
priority units.
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ‘‘December 31,
2019’’ and inserting ‘‘December 31, 2020’’.
Subtitle C—Family and Survivor Benefits
SEC. 621. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSI-
TIONAL COMPENSATION FOR DEPENDENTS TO DEPEND-
ENTS OF CURRENT MEMBERS.
Section 1059(m) of title 10, United States Code, is amended—
(1) in the subsection heading, by inserting ‘‘MEMBERS OR’’
after ‘‘DEPENDENTS OF’’;
(2) by inserting ‘‘member or’’ before ‘‘former member’’ each
place it appears;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3) For purposes of the provision of benefits under this section
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pursuant to this subsection, a member shall be considered separated
from active duty upon the earliest of—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1427
‘‘(A) the date an administrative separation is initiated by
a commander of the member;
‘‘(B) the date the court-martial sentence is adjudged if
the sentence, as adjudged, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay and
allowances; or
‘‘(C) the date the member’s term of service expires.’’.
SEC. 622. PHASE-OUT OF REDUCTION OF SURVIVOR BENEFIT PLAN
SURVIVOR ANNUITIES BY AMOUNT OF DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) PHASE-OUT.—Subchapter II of chapter 73 of title 10, United
States Code, is amended as follows:
(1) IN GENERAL.—In section 1450(c)(1)—
(A) by striking ‘‘that the annuity otherwise payable
under this section would exceed that compensation.’’ and
inserting ‘‘calculated as follows:’’; and
(B) by adding at the end the following: Time periods.
‘‘(A) During the period beginning on January 1, 2020,
and ending on December 31, 2020, the amount that the
annuity otherwise payable under this section would exceed
such dependency and indemnity compensation.
‘‘(B) During the period beginning on January 1, 2021,
and ending on December 31, 2021, the amount that the
annuity otherwise payable under this section would exceed
two-thirds of such dependency and indemnity compensa-
tion.
‘‘(C) During the period beginning on January 1, 2022,
and ending on December 31, 2022, the amount that the
annuity otherwise payable under this section would exceed
one-third of such dependency and indemnity compensation.
‘‘(D) On and after January 1, 2023, the full amount Effective date.
of the annuity under this section.’’.
(2) CONFORMING AMENDMENT.—In section 1451(c)(2), by
inserting ‘‘a portion (calculated under section 1450(c) of this
title) of’’ before ‘‘the amount’’.
(b) PROHIBITION ON RETROACTIVE BENEFITS.—No benefits may 10 USC 1450
be paid to any person for any period before the effective date note.
provided under subsection (f) by reason of the amendments made
by subsection (a).
(c) PROHIBITION ON RECOUPMENT OF CERTAIN AMOUNTS PRE- 10 USC 1450
VIOUSLY REFUNDED TO SBP RECIPIENTS.—A surviving spouse who note.
is or has been in receipt of an annuity under the Survivor Benefit
Plan under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided under
subsection (f) and that is adjusted by reason of the amendments
made by subsection (a) and who has received a refund of retired
pay under section 1450(e) of title 10, United States Code, shall
not be required to repay such refund to the United States.
(d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY FOR
DEPENDENT CHILDREN.—Section 1448(d)(2) of such title is
amended—
(1) by striking ‘‘DEPENDENT CHILDREN.—’’ and all that fol-
lows through ‘‘In the case of a member described in paragraph
(1),’’ and inserting ‘‘DEPENDENT CHILDREN.—In the case of a
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member described in paragraph (1),’’; and
(2) by striking subparagraph (B).
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133 STAT. 1428 PUBLIC LAW 116–92—DEC. 20, 2019
10 USC 1448 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY ELIGIBLE
note. SPOUSES.—The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving spouse
who, in consultation with the Secretary, previously elected to
transfer payment of such annuity to a surviving child or children
under the provisions of section 1448(d)(2)(B) of title 10, United
States Code, as in effect on the day before the effective date provided
under subsection (f). Such eligibility shall be restored whether
or not payment to such child or children subsequently was termi-
nated due to loss of dependent status or death. For the purposes
of this subsection, an eligible spouse includes a spouse who was
previously eligible for payment of such annuity and is not remarried,
or remarried after having attained age 55, or whose second or
subsequent marriage has been terminated by death, divorce or
annulment.
10 USC 1448 (f) EFFECTIVE DATE.—This section and the amendments made
note. by this section shall take effect on the first day of the first month
that begins after the date of the enactment of this Act, except
subsections (d) and (e) of this section and the amendments made
thereby shall take effect on January 1, 2023.
SEC. 623. DEATH GRATUITY FOR ROTC GRADUATES.
(a) IN GENERAL.—Section 1475(a)(4) of title 10, United States
Code, is amended by adding ‘‘; or a graduate of a reserve officers’
training corps who has received a commission but has yet to receive
a first duty assignment; or’’ at the end.
10 USC 1475 (b) EFFECTIVE DATE.—The amendment under subsection (a)
note. applies to deaths that occur on or after the date of the enactment
of this Act.
SEC. 624. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSIST-
ANCE TO CIVILIAN PROVIDERS OF CHILD CARE SERVICES
OR YOUTH PROGRAM SERVICES WHO PROVIDE SUCH
SERVICES TO SURVIVORS OF MEMBERS OF THE ARMED
FORCES WHO DIE IN COMBAT IN THE LINE OF DUTY.
Section 1798(a) of title 10, United States Code, is amended
by inserting ‘‘, survivors of members of the armed forces who
die in combat-related incidents in the line of duty,’’ after ‘‘armed
forces’’.
SEC. 625. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC
GRADUATES.
Section 633 of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 1475 note) is amended by adding at the
end the following new subsection:
‘‘(c) ROTC GRADUATES.—
‘‘(1) TREATED AS MEMBERS.—For purposes of this section,
a graduate of a reserve officers’ training corps who receives
a commission and who dies before receiving a first duty assign-
ment shall be treated as a member of the Armed Forces who
dies while on active duty.
‘‘(2) EFFECTIVE DATE.—This subsection applies to deaths
on or after the date of the enactment of the National Defense
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Authorization Act for Fiscal Year 2020.’’.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1429
Subtitle D—Defense Resale Matters
SEC. 631. DEFENSE RESALE SYSTEM MATTERS.
(a) IN GENERAL.—The Under Secretary of Defense for Personnel Coordination.
and Readiness shall, in coordination with the Chief Management 10 USC 2481
Officer of the Department of Defense, maintain oversight of business note.
transformation efforts of the defense commissary system and the
exchange stores system in order to ensure the following:
(1) Development of an intercomponent business strategy
that maximizes efficiencies and results in a viable defense
resale system in the future.
(2) Preservation of patron savings and satisfaction from
and in the defense commissary system and exchange stores
system.
(3) Sustainment of financial support of the defense com-
missary and exchange systems for morale, welfare, and recre-
ation (MWR) services of the Armed Forces.
(b) EXECUTIVE RESALE BOARD ADVICE ON OPERATIONS OF SYS- 10 USC 2481
TEMS.—The Executive Resale Board of the Department of Defense note.
shall advise the Under Secretary on the implementation of sustain-
able, complementary operations of the defense commissary system
and the exchange stores system.
(c) INFORMATION TECHNOLOGY MODERNIZATION.—The Secretary 10 USC 2481
of Defense shall, acting through the Under Secretary and with note.
advice from the Executive Resale Board, require the Defense Com-
missary Agency and the Military Exchange Service to do as follows:
(1) Field new technologies and best business practices for
information technology for the defense resale system.
(2) Implement cutting-edge marketing opportunities across
the defense resale system.
(d) INCLUSION OF ADVERTISING IN OPERATING EXPENSES OF
COMMISSARY STORES.—Section 2483(b) of title 10, United States
Code, is amended by adding at the end the following paragraph:
‘‘(7) Advertising of commissary sales on materials available
within commissary stores and at other on-base locations.’’.
SEC. 632. PROCUREMENT BY COMMISSARY STORES OF CERTAIN 10 USC 2484
LOCALLY SOURCED PRODUCTS. note.
The Secretary of Defense shall ensure that the dairy products
and fruits and vegetables procured for commissary stores under
the defense commissary system are, to the extent practicable and
while maintaining mandated patron savings, locally sourced in
order to ensure the availability of the freshest possible dairy prod-
ucts and fruits and vegetables for patrons of the stores.
SEC. 633. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY.
(a) REVIEW.—The Comptroller General of the United States
shall conduct a review of the business case analysis performed
as part of the defense resale optimization study conducted by the
Reform Management Group, titled ‘‘Study to Determine the Feasi-
bility of Consolidation of the Defense Resale Entities’’ and dated
December 4, 2018.
(b) REPORTS REQUIRED; ELEMENTS.—Not later than March 1,
2020, and June 1, 2020, the Comptroller General shall submit
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to the Committees on Armed Services of the Senate and the House
of Representatives an interim report and a final report, respectively,
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133 STAT. 1430 PUBLIC LAW 116–92—DEC. 20, 2019
Evaluations. regarding the review performed under this section. Each report
shall include evaluations of the following:
(1) The descriptions and justifications for the assumptions,
analytical choices and data used by the Reform Management
Group to calculate:
(A) Pricing.
(B) Sales assumptions.
(C) Accuracy of methods employed to measure patron
savings levels.
(2) The timetable for consolidation of military exchanges
and commissaries.
(3) The recommendations for consolidation developed as
part of the business case analysis, including the overall cost
of consolidation.
(4) The budget and oversight implications of merging non-
appropriated funds and appropriated funds to implement the
recommended reforms.
(5) The extent to which the Reform Management Group
coordinated with the Secretaries of the military departments
and the chiefs of the Armed Forces in preparing the study.
(6) The extent to which the Reform Management Group
addressed concerns of the Secretaries of the military depart-
ments and the chiefs of the Armed Forces in the study.
(7) If the recommendations in the business case analysis
were implemented—
(A) the ability of military exchanges and commissaries
to provide earnings to support on-base morale, welfare,
and recreation programs; and
(B) the financial viability of the military exchanges
and commissaries.
Notification. (c) DELAY ON CONSOLIDATION.—The Secretary of Defense may
not take any action to consolidate military exchanges and com-
missaries until the Committees on Armed Services of the Senate
and the House of Representatives notify the Secretary in writing
of receipt and acceptance of the findings of the Comptroller General
in the reports required under this section.
Subtitle E—Morale, Welfare, and
Recreation Privileges
SEC. 641. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECRE-
ATION PRIVILEGES TO FOREIGN SERVICE OFFICERS ON
MANDATORY HOME LEAVE.
(a) IN GENERAL.—Section 1065 of title 10, United States Code,
as added by section 621 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232), is
amended—
(1) in the heading, by striking ‘‘veterans and caregivers
for veterans’’ and inserting ‘‘veterans, caregivers for vet-
erans, and Foreign Service officers’’;
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(3) by inserting after subsection (e) the following new sub-
section (f):
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‘‘(f) ELIGIBILITY OF FOREIGN SERVICE OFFICERS ON MANDATORY
HOME LEAVE.—A Foreign Service officer on mandatory home leave
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1431
may be permitted to use military lodging referred to in subsection
(h).’’; and
(4) in subsection (h), as redesignated by paragraph (2), Definitions.
by adding at the end the following new paragraphs:
‘‘(5) The term ‘Foreign Service officer’ has the meaning
given that term in section 103 of the Foreign Service Act
of 1980 (22 U.S.C. 3903).
‘‘(6) The term ‘mandatory home leave’ means leave under
section 903 of the Foreign Service Act of 1980 (22 U.S.C.
4083).’’.
(b) EFFECTIVE DATE.—The amendments made by this section 10 USC 1065
shall take effect on January 1, 2020, as if originally incorporated note.
in section 621 of Public Law 115–232.
SEC. 642. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT
LODGING PROGRAM.
Section 914(b) of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C.
5911 note) is amended by striking ‘‘December 31, 2019’’ and
inserting ‘‘December 31, 2020’’.
Subtitle F—Reports and Other Matters
SEC. 651. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COM-
PENSATION OF RETIRED GENERAL OR FLAG OFFICERS BY
FOREIGN GOVERNMENTS FOR EMOLUMENTS CLAUSE PUR-
POSES.
(a) ANNUAL REPORTS.—Section 908 of title 37, United States
Code is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) ANNUAL REPORTS ON APPROVALS FOR RETIRED GENERAL Consultation.
AND FLAG OFFICERS.—Not later than January 31 each year, the
Secretaries of the military departments, after consulting with the
Secretary of State, shall jointly submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
each approval under subsection (b) for employment or compensation
described in subsection (a) for a retired member of the armed
forces in general or flag officer grade that was issued during the
preceding year.’’.
(b) SCOPE OF FIRST REPORT.—The first report submitted pursu- Time period.
ant to subsection (c) of section 908 of title 37, United States Code 37 USC 908 note.
(as amended by subsection (a) of this section), after the date of
the enactment of this Act shall cover the five-year period ending
with the year before the year in which such report is submitted.
SEC. 652. REPORT REGARDING TRANSITION FROM OVERSEAS
HOUSING ALLOWANCE TO BASIC ALLOWANCE FOR
HOUSING FOR SERVICEMEMBERS IN THE TERRITORIES.
Not later than February 1, 2020, the Secretary of Defense
shall submit a report to the congressional defense committees
regarding the recommendation of the Secretary whether members
of the uniformed services located in the territories of the United
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States and who receive the overseas housing allowance should
instead receive the basic allowance for housing to ensure the most
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133 STAT. 1432 PUBLIC LAW 116–92—DEC. 20, 2019
appropriate housing compensation for such members and their fami-
lies.
SEC. 653. REPORT ON EXTENSION TO MEMBERS OF THE RESERVE
COMPONENTS OF THE ARMED FORCES OF SPECIAL AND
INCENTIVE PAYS FOR MEMBERS OF THE ARMED FORCES
NOT CURRENTLY PAYABLE TO MEMBERS OF THE RESERVE
COMPONENTS.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report setting forth the
results of a study, conducted by the Secretary for purposes of
the report, on the feasability and advisability of paying eligible
members of the reserve components of the Armed Forces any special
or incentive pay for members of the Armed Forces that is not
currently payable to members of the reserve components.
(b) ELEMENTS.—The report required by subsection (a) shall
set forth the following:
Cost estimate. (1) An estimate of the yearly cost of paying members of
the reserve components risk pay and flight pay under sections
334, 334a, and 351 of title 37, United States Code, at the
same rate as members on active duty, regardless of the number
of periods of instruction or appropriate duty participated in,
so long as there is at least one such period of instruction
or appropriate duty in the month.
(2) A statement of the number of members of the reserve
components who qualify or potentially qualify for hazardous
duty incentive pay based on current professions or required
duties, broken out by hazardous duty categories set forth in
section 351 of title 37, United States Code.
Determination. (3) If the Secretary determines that payment to eligible
Recommenda- members of the reserve components of any special or incentive
tions. pay for members of the Armed Forces that is not currently
payable to members of the reserve components is feasible and
advisable, such recommendations as the Secretary considers
appropriate for legislative or administrative action to authorize
such payment.
SEC. 654. STUDY REGARDING RECOUPMENT OF SEPARATION PAY, SPE-
CIAL SEPARATION BENEFITS, AND VOLUNTARY SEPARA-
TION INCENTIVE PAYMENTS FROM MEMBERS OF THE
ARMED FORCES AND VETERANS WHO RECEIVE DISABILITY
COMPENSATION UNDER LAWS ADMINISTERED BY THE
SECRETARY OF VETERANS AFFAIRS.
Consultation. (a) STUDY.—The Secretary of Defense, in consultation with
the Secretary of Veterans Affairs, shall conduct a study to deter-
mine, with regards to members of the Armed Forces and veterans
whose separation pay, special separation benefits, and voluntary
separation incentive payments either Secretary recoups because
such members and veterans subsequently receive disability com-
pensation under laws administered by the Secretary of Veterans
Affairs—
(1) how many such members and veterans are affected
by such recoupment; and
(2) the aggregated amount of additional money such mem-
bers and veterans would receive but for such recoupment.
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(b) REPORT REQUIRED.—Not later than September 30, 2020,
the Secretary of Defense shall submit to the Committees on Armed
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1433
Services and Veterans’ Affairs of the Senate and House of Rep-
resentatives a report regarding the results of the study under
subsection (a).
SEC. 655. REPORT ON IMPLEMENTATION OF CONTRIBUTIONS TO THE
DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
BASED ON PAY COSTS PER ARMED FORCE RATHER THAN
ON ARMED FORCES-WIDE BASIS.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than April 1, 2020, the Sec- Consultation.
retary of Defense shall, in consultation with the Secretaries
of the military departments, submit to the congressional defense
committees a report setting forth a plan for the implementation
of the amendments described in paragraph (2) as if such amend-
ments would apply with respect to determinations of contribu-
tions to the Department of Defense Military Retirement Fund
under chapter 74 of title 10, United States Code, and payments
into the Fund, beginning with fiscal year 2025.
(2) COVERED AMENDMENTS.—The amendments described in
this paragraph are the amendments proposed to be made by
section 631 of S.1790 of the 116th Congress, as reported to
the Senate by the Committee on Armed Services of the Senate
on June 11, 2019.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A plan to implement the amendments described in Plan.
paragraph (2) of subsection (a) in the manner described in
paragraph (1) of that subsection.
(2) A timeline for actions required to implement such Timeline.
amendments in that manner.
(3) An assessment of the impact of the implementation Assessment.
of such amendments in that manner on each of the following:
(A) The budgeting of the military departments.
(B) The efforts of the Department of Defense to achieve
audits of its financial statements.
(C) Decisions on military manning of the Armed Forces.
(D) The cost and complexity of tracking contributions
to the Department of Defense Military Retirement Fund.
SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS.
(a) REPORT REQUIRED.—Not later than May 1, 2020, the Sec-
retary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on food
insecurity among members of the Armed Forces and their depend-
ents.
(b) ELEMENTS.—The report required by subsection (a) shall Assessments.
include the following:
(1) An assessment of the current extent of food insecurity
among members of the Armed Forces and their dependents,
including a description and analysis of the following:
(A) Use of food assistance by members and their
dependents, as revealed in data of the Department of
Defense and other data available to the Department.
(B) Use of free and reduced price school meals by
dependents.
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(C) Use of food banks or similar assistance by members
and their dependents.
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133 STAT. 1434 PUBLIC LAW 116–92—DEC. 20, 2019
(2) A description and assessment of the barriers, if any,
to qualification for or access to adequate food assistance of
any type by members of the Armed Forces and their depend-
ents.
(3) A description of the number of members of the Armed
Forces overseas who enrolled in the Family Supplemental
Subsistence Allowance (FSSA) program under section 402a of
title 37, United States Code, during the five-fiscal year period
ending with fiscal year 2019, and of the cost to the Department
of such enrollment during each fiscal year concerned.
(4) An assessment of the effectiveness of the Family Supple-
mental Subsistence Allowance program for members of the
Armed Forces overseas.
(5) A description and assessment of the participation of
members of the Armed Forces in the Supplemental Nutrition
Assistance Program (SNAP), including with respect to the fol-
lowing:
(A) Coordination between the Department of Defense
and the Department of Agriculture for purposes of deter-
mining the numbers of members currently participating
in the program.
(B) Career stigma for members resulting from partici-
pation in the program.
(C) Adverse consequences for member personal finan-
cial management resulting from participation in the pro-
gram.
(D) Other support available to and used by members
to meet basic needs requirements.
(6) An assessment of food insecurity among members of
the Armed Forces who reside in on-post housing (and thus
do not receive basic allowance for housing (BAH)) and their
dependents, including eligibility of such members for and
participation of such members in the Supplemental Nutrition
Assistance Program.
(7) An assessment of the feasability and advisability of
a basic needs allowance for low-income members of the Armed
Forces (including an allowance calculated both with and without
basic allowance for housing included in the determination of
member gross household income), including with respect to
the following:
(A) The maximum member gross household income
for eligibility for the allowance.
(B) The number of members who would be eligible
for the allowance.
(C) The optimal average annual amount of the allow-
ance.
(D) The total annual cost of paying the allowance.
(E) Whether particular geographic locations would
include large number of members eligible for the allowance.
(F) The effects of payment of the allowance on recruit-
ment and retention of members, and on member morale
and conduct.
Recommenda- (8) Any other recommendations for policies, programs, and
tions. activities to address food insecurity among members of the
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Armed Forces and their dependents that the Secretary con-
siders appropriate.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1435
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain mem-
bers of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or other airborne
contaminants as part of periodic health assessments and other physical
examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by members of
the Armed Forces to certain occupational and environmental hazards
while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments for members
of the Armed Forces deployed in support of a contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of Defense to de-
termine exposure to perfluoroalkyl and polyfluoroalkyl substances.
Subtitle B—Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of combatant
commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department of De-
fense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care support
contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of members of the
Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to members of
the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military medical manning
end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care for per-
sonnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
Subtitle C—Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services against the
United States for personal injury or death caused by medical mal-
practice.
Sec. 732. Extension and clarification of authority for Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson Founda-
tion for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital Region.
Sec. 735. Provision of veterinary services by veterinary professionals of the Depart-
ment of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA Health Care
Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and Materiel
Command and continuation as Center of Excellence.
Sec. 738. Encouragement of participation in Women’s Health Transition Training
pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to enhance interoper-
ability and medical surge capability and capacity of National Disaster
Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and suicide pre-
vention programs and activities of the Department of Defense.
Sec. 742. Modification of requirements for longitudinal medical study on blast pres-
sure exposure of members of the Armed Forces and collection of expo-
sure information.
Sec. 743. Study and plan on the use of military-civilian integrated health delivery
systems.
Sec. 744. Study on case management in the military health system.
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Sec. 745. Report on Global Health Security Strategy and the National Biodefense
Security.
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133 STAT. 1436 PUBLIC LAW 116–92—DEC. 20, 2019
Sec. 746. Study on establishment of wounded warrior service dog program.
Sec. 747. GAO report on Department of Defense quality assurance program and im-
pacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members of the
Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members of the
Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation efforts.
Subtitle A—TRICARE and Other Health
Care Benefits
SEC. 701. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE
SELECT FOR CERTAIN MEMBERS OF THE SELECTED
RESERVE.
Section 1076d(a)(2) of title 10, United States Code, is amended
by striking ‘‘Paragraph (1) does not apply’’ and inserting ‘‘During
the period preceding January 1, 2030, paragraph (1) does not apply’’.
SEC. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR
DEPENDENTS.
(a) IN GENERAL.—Section 1099 of title 10, United States Code,
is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) PAYMENT OPTIONS.—(1) A member or former member of
the uniformed services, or a dependent thereof, eligible for medical
care and dental care under section 1074(b) or 1076 of this title
shall pay a premium for coverage under this chapter.
‘‘(2) To the maximum extent practicable, a premium owed by
a member, former member, or dependent under paragraph (1) shall
be withheld from the retired, retainer, or equivalent pay of the
member, former member, or dependent. In all other cases, a pre-
mium shall be paid in a frequency and method determined by
the Secretary.’’.
(b) CONFORMING AND CLERICAL AMENDMENTS.—
(1) CONFORMING AMENDMENTS.—Section 1097a of title 10,
United States Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(2) HEADING AMENDMENTS.—
(A) AUTOMATIC ENROLLMENTS.—The heading for sec-
tion 1097a of such title is amended to read as follows:
‘‘§ 1097a. TRICARE Prime: automatic enrollments’’.
(B) ENROLLMENT SYSTEM AND PAYMENT OPTIONS.—The
heading for section 1099 of such title is amended to read
as follows:
‘‘§ 1099. Health care enrollment system and payment
options’’.
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(3) CLERICAL AMENDMENTS.—The table of sections at the
10 USC 1071 beginning of chapter 55 of such title is amended—
prec.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1437
(A) by striking the item relating to section 1097a and
inserting the following new item:
‘‘1097a. TRICARE Prime: automatic enrollments.’’; and
(B) by striking the item relating to section 1099 and
inserting the following new item:
‘‘1099. Health care enrollment system and payment options.’’.
(c) EFFECTIVE DATE.—The amendments made by this section 10 USC 1097a
shall apply to health care coverage beginning on or after January note.
1, 2021.
SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN. 10 USC 1077
note.
(a) COMPREHENSIVE SCREENING, TESTING, AND REPORTING
GUIDELINES.—
(1) IN GENERAL.—The Secretary of Defense shall establish
clinical practice guidelines for health care providers employed
by the Department of Defense on screening, testing, and
reporting of blood lead levels in children.
(2) USE OF CDC RECOMMENDATIONS.—Guidelines estab-
lished under paragraph (1) shall reflect recommendations made
by the Centers for Disease Control and Prevention with respect
to the screening, testing, and reporting of blood lead levels
in children.
(3) DISSEMINATION OF GUIDELINES.—Not later than one Deadline.
year after the date of the enactment of this Act, the Secretary
shall disseminate the clinical practice guidelines established
under paragraph (1) to health care providers of the Department
of Defense.
(b) CARE PROVIDED IN ACCORDANCE WITH CDC GUIDANCE.—
The Secretary shall ensure that any care provided by the Depart-
ment of Defense to a child for an elevated blood lead level shall
be carried out in accordance with applicable guidance issued by
the Centers for Disease Control and Prevention.
(c) SHARING OF RESULTS OF TESTING.—
(1) IN GENERAL.—With respect to a child who receives
from the Department of Defense a test for an elevated blood
lead level—
(A) the Secretary shall provide the results of the test
to the parent or guardian of the child; and
(B) notwithstanding any requirements for the confiden-
tiality of health information under the Health Insurance
Portability and Accountability Act of 1996 (Public Law
104–191), if the results of the test show an abnormal blood
lead level or elevated blood lead level, the Secretary shall
provide those results and the address at which the child
resides to—
(i) the relevant health department of the State
in which the child resides if the child resides in the
United States; or
(ii) if the child resides outside the United States—
(I) the Centers for Disease Control and Preven-
tion;
(II) the appropriate authority of the country
in which the child resides; and
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(III) the primary provider of health care for
the child for follow-up.
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133 STAT. 1438 PUBLIC LAW 116–92—DEC. 20, 2019
(2) STATE DEFINED.—In this subsection, the term ‘‘State’’
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or posses-
sion of the United States.
(d) REPORT.—Not later than January 1, 2021, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report detailing,
with respect to the period beginning on the date of the enactment
of this Act and ending on the date of the report, the following:
(1) The number of children who were tested by the Depart-
ment of Defense for the level of lead in the blood of the child,
and of such number, the number who were found to have
an elevated blood lead level.
(2) The number of children who were screened by the
Department of Defense for an elevated risk of lead exposure.
(e) COMPTROLLER GENERAL REPORT.—Not later than January
1, 2022, the Comptroller General of the United States shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the effectiveness of screening and
testing for lead exposure and elevated blood lead levels under
chapter 55 of title 10, United States Code.
(f) DEFINITIONS.—In this section, the terms ‘‘abnormal blood
lead level’’ and ‘‘elevated blood lead level’’ have the meanings given
those terms by the Centers for Disease Control and Prevention.
10 USC 1074f SEC. 704. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
note. CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS
PART OF PERIODIC HEALTH ASSESSMENTS AND OTHER
PHYSICAL EXAMINATIONS.
(a) PERIODIC HEALTH ASSESSMENT.—The Secretary of Defense
shall ensure that any periodic health assessment provided to mem-
bers of the Armed Forces includes an evaluation of whether the
member has been—
(1) based or stationed at a location where an open burn
pit was used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of
the Airborne Hazards and Open Burn Pit Registry.
(b) SEPARATION HISTORY AND PHYSICAL EXAMINATIONS.—Sec-
tion 1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
‘‘(C) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an
assessment of whether the member was—
‘‘(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the Dignified
Burial and Other Veterans’ Benefits Improvement Act of 2012
(Public Law 112–260; 38 U.S.C. 527 note), was used; or
‘‘(ii) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of
the registry established by the Secretary of Veterans Affairs
under such section 201.’’.
(c) DEPLOYMENT ASSESSMENTS.—Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following
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new subparagraph:
‘‘(D) An assessment of whether the member was—
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1439
‘‘(i) based or stationed at a location where an open
burn pit, as defined in subsection (c) of section 201 of
the Dignified Burial and Other Veterans’ Benefits Improve-
ment Act of 2012 (Public Law 112–260; 38 U.S.C. 527
note), was used; or
‘‘(ii) exposed to toxic airborne chemicals or other air-
borne contaminants, including any information recorded
as part of the registry established by the Secretary of
Veterans Affairs under such section 201.’’.
(d) SHARING OF INFORMATION.—
(1) DOD–VA.—The Secretary of Defense and the Secretary Memorandums.
of Veterans Affairs shall jointly enter into a memorandum
of understanding providing for the sharing by the Department
of Defense with the Department of Veterans Affairs of the
results of covered evaluations regarding the exposure by a
member of the Armed Forces to toxic airborne chemicals or
other airborne contaminants.
(2) REGISTRY.—If a covered evaluation of a member of
the Armed Forces establishes that the member was based or
stationed at a location where an open burn pit was used or
that the member was exposed to toxic airborne chemicals or
other airborne contaminants, the member shall be enrolled
in the Airborne Hazards and Open Burn Pit Registry unless
the member elects to not so enroll.
(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to preclude eligibility for benefits under the laws adminis-
tered by the Secretary of Veterans Affairs by reason of the open
burn pit exposure history of a veteran not being recorded in a
covered evaluation.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘Airborne Hazards and Open Burn Pit Reg-
istry’’ means the registry established by the Secretary of Vet-
erans Affairs under section 201 of the Dignified Burial and
Other Veterans’ Benefits Improvement Act of 2012 (Public Law
112–260; 38 U.S.C. 527 note).
(2) The term ‘‘covered evaluation’’ means—
(A) a periodic health assessment conducted in accord-
ance with subsection (a);
(B) a separation history and physical examination con-
ducted under section 1145(a)(5) of title 10, United States
Code, as amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ‘‘open burn pit’’ has the meaning given that
term in section 201(c) of the Dignified Burial and Other Vet-
erans’ Benefits Improvement Act of 2012 (Public Law 112–
260; 38 U.S.C. 527 note).
SEC. 705. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO
EXPOSURE BY MEMBERS OF THE ARMED FORCES TO CER-
TAIN OCCUPATIONAL AND ENVIRONMENTAL HAZARDS
WHILE DEPLOYED OVERSEAS.
(a) INCLUSION IN MEDICAL TRACKING SYSTEM OF OCCUPATIONAL
AND ENVIRONMENTAL HEALTH RISKS IN DEPLOYMENT AREA.—
(1) ELEMENTS OF MEDICAL TRACKING SYSTEM.—Subsection
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(b)(1)(A) of section 1074f of title 10, United States Code, is
amended—
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133 STAT. 1440 PUBLIC LAW 116–92—DEC. 20, 2019
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following new clause:
‘‘(iv) accurately record any exposure to occupational and
environmental health risks during the course of their deploy-
ment.’’.
(2) RECORDKEEPING.—Subsection (c) of such section is
amended by inserting after ‘‘deployment area’’ the following:
‘‘(including the results of any assessment performed by the
Secretary of occupational and environmental health risks for
such area)’’.
(b) POSTDEPLOYMENT MEDICAL EXAMINATION AND REASSESS-
MENTS.—Section 1074f of title 10, United States Code, as amended
by subsection (a), is further amended by adding at the end the
following new subsection:
‘‘(g) ADDITIONAL REQUIREMENTS FOR POSTDEPLOYMENT MEDICAL
EXAMINATIONS AND HEALTH REASSESSMENTS.—(1) The Secretary
of Defense shall standardize and make available to a provider
that conducts a postdeployment medical examination or reassess-
ment under the system described in subsection (a) questions relating
to occupational and environmental health exposure.
‘‘(2) The Secretary, to the extent practicable, shall ensure that
the medical record of a member includes information on the external
cause relating to a diagnosis of the member, including by associating
an external cause code (as issued under the International Statistical
Classification of Diseases and Related Health Problems, 10th Revi-
sion (or any successor revision)).’’.
38 USC 527 note. (c) ACCESS TO INFORMATION IN BURN PIT REGISTRY.—
(1) IN GENERAL.—The Secretary of Defense shall ensure
that all medical personnel of the Department of Defense have
access to the information contained in the burn pit registry.
(2) BURN PIT REGISTRY DEFINED.—In this subsection, the
term ‘‘burn pit registry’’ means the registry established under
section 201 of the Dignified Burial and Other Veterans’ Benefits
Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527
note).
SEC. 706. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
Time periods. (a) REQUIRED ASSESSMENTS.—Section 1074m(a)(1) of title 10,
United States Code, is amended by striking subparagraphs (C)
and (D) and inserting the following new subparagraphs:
‘‘(C) Subject to paragraph (3) and subsection (d), once
during the period beginning on the date of redeployment
from the contingency operation and ending on the date
that is 21 days after the date on which the post-deployment
leave of the member terminates.
‘‘(D) Subject to subsection (d), not less than once
annually—
‘‘(i) beginning 21 days after the date on which
the post-deployment leave of the member terminates;
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or
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1441
‘‘(ii) if the assessment required by subparagraph
(C) is performed during the period specified in para-
graph (3), beginning 180 days after the date of
redeployment from the contingency operation.’’.
(b) EXCEPTIONS.—Section 1074m(a) of such title, as amended
by subsection (a), is further amended by striking paragraph (2)
and inserting the following new paragraphs:
‘‘(2) A mental health assessment is not required for a member
of the armed forces under subparagraphs (C) and (D) of paragraph
(1) (including an assessment performed pursuant to paragraph (3))
if the Secretary determines that providing such assessment to the
member during the time periods under such subparagraphs would
remove the member from forward deployment or put members
or operational objectives at risk.
‘‘(3) A mental health assessment required under subparagraph
(C) of paragraph (1) may be provided during the period beginning
90 days after the date of redeployment from the contingency oper-
ation and ending 180 days after such redeployment date if the
Secretary determines that—
‘‘(A) an insufficient number of personnel are available to
perform the assessment during the time period under such
subparagraph; or
‘‘(B) an administrative processing issue exists upon the
return of the member to the home unit or duty station that
would prohibit the effective performance of the assessment
during such time period.’’.
(c) ELIMINATION OF SUNSET FOR ASSESSMENTS DURING DEPLOY-
MENT.—Section 1074m(a)(1)(B) of such title is amended by striking
‘‘Until January 1, 2019, once’’ and inserting ‘‘Once’’.
(d) EFFECTIVE DATE.—The amendments made by subsections 10 USC 1074m
(a) and (b) shall apply with respect to a date of redeployment note.
that is on or after January 1, 2020.
SEC. 707. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF 10 USC 1074m
DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO note.
PERFLUOROALKYL AND POLYFLUOROALKYL SUB-
STANCES.
(a) IN GENERAL.—Beginning on October 1, 2020, the Secretary Effective date.
of Defense shall provide blood testing to determine and document
potential exposure to perfluoroalkyl and polyfluoroalkyl substances
(commonly known as ‘‘PFAS’’) for each firefighter of the Department
of Defense during the annual physical exam conducted by the
Department for each such firefighter.
(b) FIREFIGHTER DEFINED.—In this section, the term ‘‘fire-
fighter’’ means someone whose primary job or military occupational
specialty is being a firefighter.
Subtitle B—Health Care Administration
SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH
SYSTEM.
(a) ADMINISTRATION OF MILITARY MEDICAL TREATMENT FACILI-
TIES.—Subsection (a) of section 1073c of title 10, United States
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Code, is amended—
(1) in paragraph (1)—
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133 STAT. 1442 PUBLIC LAW 116–92—DEC. 20, 2019
(A) by redesignating subparagraphs (A), (B), (C), (D),
(E), and (F) as subparagraphs (C), (D), (E), (G), (H), and
(I), respectively;
(B) by inserting before subparagraph (C), as redesig-
nated by subparagraph (A) of this paragraph, the following
new subparagraphs:
‘‘(A) provision and delivery of health care within each such
facility;
‘‘(B) management of privileging, scope of practice, and
quality of health care provided within each such facility;’’; and
(C) by inserting after subparagraph (E), as so redesig-
nated, the following new subparagraph:
‘‘(F) supply and equipment;’’;
(2) in paragraph (2)—
(A) by redesignating subparagraphs (D), (E), (F), and
(G) as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) to identify the capacity of each military medical treat-
ment facility to support clinical readiness standards of health
care providers established by the Secretary of a military depart-
ment or the Assistant Secretary of Defense for Health Affairs;’’
and
(C) by striking subparagraph (F), as redesignated by
subparagraph (A) of this paragraph, and inserting the fol-
lowing new subparagraphs:
Determination. ‘‘(F) to determine, in coordination with each Secretary of
Coordination. a military department, manning, including joint manning,
assigned to military medical treatment facilities and inter-
mediary organizations;
‘‘(G) to select, after considering nominations from the Secre-
taries of the military departments, commanders or directors
of military medical treatment facilities;’’; and
(3) in paragraph (3)—
(A) in subparagraph (A)—
(i) by inserting ‘‘on behalf of the military depart-
ments,’’ before ‘‘ensuring’’; and
(ii) by striking ‘‘and civilian employees’’; and
(B) in subparagraph (B), by inserting ‘‘on behalf of
the Defense Health Agency,’’ before ‘‘furnishing’’.
(b) DHA ASSISTANT DIRECTOR.—Subsection (b)(2) of such sec-
tion is amended by striking ‘‘equivalent education and experience’’
and all that follows and inserting ‘‘the education and experience
to perform the responsibilities of the position.’’.
(c) DHA DEPUTY ASSISTANT DIRECTORS.—Subsection (c) of such
section is amended—
(1) in paragraph (2)(B), by striking ‘‘across the military
health system’’ and inserting ‘‘at military medical treatment
facilities’’; and
(2) in paragraph (4)(B), by inserting ‘‘at military medical
treatment facilities’’ before the period at the end.
(d) TREATMENT OF DEPARTMENT OF DEFENSE FOR PURPOSES
OF PERSONNEL ASSIGNMENT.—Such section is amended—
(1) by redesignating subsection (f) as subsection (g); and
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(2) by inserting after subsection (e) the following new sub-
section (f):
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1443
‘‘(f) TREATMENT OF DEPARTMENT OF DEFENSE FOR PURPOSES
OF PERSONNEL ASSIGNMENT.—In implementing this section—
‘‘(1) the Department of Defense shall be considered a single
agency for purposes of civilian personnel assignment under
title 5; and
‘‘(2) the Secretary of Defense may reassign any employee
of a component of the Department of Defense or a military
department in a position in the civil service (as defined in
section 2101 of title 5) to any other component of the Depart-
ment of Defense or military department.’’.
(e) MILITARY MEDICAL TREATMENT FACILITY.—Subsection (g)
of such section, as redesignated by subsection (d)(1), is amended
by adding at the end the following new paragraph:
‘‘(3) The term ‘military medical treatment facility’ means— Definition.
‘‘(A) any fixed facility of the Department of Defense
that is outside of a deployed environment and used pri-
marily for health care; and
‘‘(B) any other location used for purposes of providing
health care services as designated by the Secretary of
Defense.’’.
(f) TECHNICAL AMENDMENTS.—Subsection (a) of such section
is amended—
(1) in paragraph (1), by striking ‘‘paragraph (4)’’ and
inserting ‘‘paragraph (5)’’;
(2) by redesignating paragraph (5) as paragraph (6);
(3) by redesignating the first paragraph (4) as paragraph
(5); and
(4) by moving the second paragraph (4) so as to appear
before paragraph (5), as redesignated by paragraph (3) of this
subsection.
SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.
(a) IN GENERAL.—Section 712 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232) is amended— 10 USC 1073c
(1) in subsection (a), by amending paragraph (1) to read note.
as follows:
‘‘(1) IN GENERAL.—The Secretary of Defense shall, acting
through the Secretaries of the military departments, the
Defense Health Agency, and the Joint Staff, implement an
organizational framework of the military health system that
effectively and efficiently implements chapter 55 of title 10,
United States Code, to maximize the readiness of the medical
force, promote interoperability, and integrate medical capabili-
ties of the Armed Forces in order to enhance joint military
medical operations in support of requirements of the combatant
commands.’’;
(2) in subsection (e), by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4), respectively, and by moving
such paragraphs so as to appear at the end of subsection
(d);
(3) by striking subsection (e), as amended by paragraph
(2) of this subsection;
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(4) by redesignating subsections (b) through (d) as sub-
sections (c) through (e), respectively;
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133 STAT. 1444 PUBLIC LAW 116–92—DEC. 20, 2019
(5) by inserting after subsection (a) the following new sub-
section (b):
‘‘(b) ADDITIONAL DUTIES OF SURGEONS GENERAL OF THE ARMED
FORCES.—The Surgeons General of the Armed Forces shall have
the following duties:
‘‘(1) To ensure the readiness for operational deployment
of medical and dental personnel and deployable medical or
dental teams or units of the Armed Force or Armed Forces
concerned.
‘‘(2) To meet medical readiness standards, subject to stand-
ards and metrics established by the Assistant Secretary of
Defense for Health Affairs.
‘‘(3) With respect to uniformed medical and dental per-
sonnel of the military department concerned—
‘‘(A) to assign such personnel—
‘‘(i) primarily to military medical treatment facili-
ties, under the operational control of the commander
or director of the facility; or
‘‘(ii) secondarily to partnerships with civilian or
other medical facilities for training activities specific
to such military department; and
‘‘(B) to maintain readiness of such personnel for oper-
ational deployment.
‘‘(4) To provide logistical support for operational deployment
of medical and dental personnel and deployable medical or
dental teams or units of the Armed Force or Armed Forces
concerned.
‘‘(5) To oversee mobilization and demobilization in connec-
tion with the operational deployment of medical and dental
personnel of the Armed Force or Armed Forces concerned.
‘‘(6) To develop operational medical capabilities required
to support the warfighter, and to develop policy relating to
such capabilities.
‘‘(7) To provide health professionals to serve in leadership
positions across the military healthcare system.
‘‘(8) To deliver operational clinical services under the oper-
ational control of the combatant commands—
‘‘(A) on ships and planes; and
‘‘(B) on installations outside of military medical treat-
ment facilities.
‘‘(9) To manage privileging, scope of practice, and quality
of health care in the settings described in paragraph (8).’’;
(6) in subsection (c), as redesignated by paragraph (4)
of this subsection—
(A) in the subsection heading, by inserting ‘‘AGENCY’’
before ‘‘REGIONS’’; and
(B) in paragraph (1)—
(i) in the paragraph heading, by inserting
‘‘AGENCY’’ before ‘‘REGIONS’’; and
(ii) by striking ‘‘defense health’’ and inserting
‘‘Defense Health Agency’’;
(7) in subsection (d), as redesignated by paragraph (4)
of this subsection—
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(A) in the subsection heading, by inserting ‘‘AGENCY’’
before ‘‘REGIONS’’;
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1445
(B) in the matter preceding paragraph (1), by striking
‘‘defense health’’ and inserting ‘‘Defense Health Agency’’;
and
(C) in paragraph (3), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (c)’’; and
(8) in subsection (e), as redesignated by paragraph (4)
of this subsection—
(A) in paragraph (2)—
(i) by amending subparagraph (A) to read as fol-
lows:
‘‘(A) IN GENERAL.—The Secretaries of the military Coordination.
departments shall coordinate with the Chairman of the
Joint Chiefs of Staff to direct resources allocated to the
military departments to support requirements related to
readiness and operational medicine support that are estab-
lished by the combatant commands and validated by the
Joint Staff.’’; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ‘‘Based on’’ and all that follows
through ‘‘shall—’’ and inserting ‘‘The Director of the
Defense Health Agency, in coordination with the
Assistant Secretary of Defense for Health Affairs,
shall—’’;
(B) in paragraph (3), as moved and redesignated by
paragraph (2) of this subsection, in the second sentence—
(i) by inserting ‘‘primarily’’ before ‘‘through’’; and
(ii) by inserting‘‘, in coordination with the Secre-
taries of the military departments,’’ after ‘‘the Defense
Health Agency’’; and
(C) by adding at the end the following:
‘‘(5) MANPOWER.—
‘‘(A) ADMINISTRATIVE CONTROL OF MILITARY PER-
SONNEL.—Each Secretary of a military department shall
exercise administrative control of members of the Armed
Forces assigned to military medical treatment facilities,
including personnel assignment and issuance of military
orders.
‘‘(B) OVERSIGHT OF CERTAIN PERSONNEL BY THE
DIRECTOR OF THE DEFENSE HEALTH AGENCY.—In situations
in which members of the Armed Forces provide health
care services at a military medical treatment facility, the
Director of the Defense Health Agency shall maintain oper-
ational control over such members and oversight for the
provision of care delivered by such members through poli-
cies, procedures, and privileging responsibilities of the mili-
tary medical treatment facility.’’.
(b) CONFORMING AMENDMENTS.—
(1) HEADING AMENDMENT.—The heading for section 712
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232) is amended to read 10 USC 1073c
as follows: note.
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133 STAT. 1446 PUBLIC LAW 116–92—DEC. 20, 2019
‘‘SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.’’.
(2) CLERICAL AMENDMENT.—The table of contents for such
Act is amended by striking the item relating to section 712
and inserting the following new item:
‘‘Sec. 712. Support by military healthcare system of medical requirements of com-
batant commands.’’.
SEC. 713. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(a) REQUIREMENT.—Section 1074g of title 10, United States
Code, is amended—
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h) LABELING.—The Secretary of Defense shall ensure that
drugs made available through the facilities of the armed forces
under the jurisdiction of the Secretary include labels and other
labeling that are in compliance with the requirements of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).’’.
(b) CONFORMING AMENDMENT.—Subsection (b)(1) of such section
is amended by striking ‘‘under subsection (h)’’ and inserting ‘‘under
subsection (j)’’.
Deadline. (c) IMPLEMENTATION.—Beginning not later than 90 days after
10 USC 1074g the date of the enactment of this Act, the Secretary of Defense
note. shall implement subsection (h) of section 1074g of title 10, United
States Code, as added by subsection (a).
SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended
by striking ‘‘Dental Corps Officer’’ and inserting ‘‘commissioned
officer of the Army Medical Department’’.
SEC. 715. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF
THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) LEADERSHIP.—Subsection (c) of section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071
note) is amended to read as follows:
‘‘(c) LEADERSHIP.—
‘‘(1) DIRECTOR.—The Director of the Office shall be the
head of the Office.
‘‘(2) DEPUTY DIRECTOR.—The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
‘‘(3) REPORTING.—The Director shall report directly to the
Deputy Secretary of Defense and the Deputy Secretary of Vet-
erans Affairs.
‘‘(4) APPOINTMENTS.—
‘‘(A) DIRECTOR.—The Director shall be appointed by
the Secretary of Defense, with the concurrence of the Sec-
retary of Veterans Affairs, for a fixed term of four years.
For the subsequent term, the Secretary of Veterans Affairs,
with the concurrence of the Secretary of Defense, shall
appoint the Director for a fixed term of four years, and
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thereafter, the appointment of the Director for a fixed
term of four years shall alternate between the Secretaries.
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PUBLIC LAW 116–92—DEC. 20, 2019 133 STAT. 1447
‘‘(B) DEPUTY DIRECTOR.—The Deputy Director shall be
appointed by the Secretary of Veterans Affairs, with the
concurrence of the Secretary of Defense, for a fixed term
of four years. For the subsequent term, the Secretary of
Defense, with the concurrence of the Secretary of Veterans
Affairs, shall appoint the Deputy Director for a fixed term
of four years, and thereafter, the appointment of the Deputy
Director for a fixed term of four years shall alternate
between the Secretaries.
‘‘(C) MINIMUM QUALIFICATIONS.—The Secretary of
Defense and the Secretary of Veterans Affairs shall jointly
develop qualification requirements for the Director and
the Deputy Director. Such requirements shall ensure that,
at a minimum, the Director and Deputy Director, individ-
ually or together, meet the following qualifications:
‘‘(i) Significant experience at a senior management
level fielding enterprise-wide technology in a health
care setting, or business systems in the public or pri-
vate sector.
‘‘(ii) Credentials for enterprise-wide program
management.
‘‘(iii) Significant experience leading implementa-
tion of complex organizational change by integrating
the input of experts from various disciplines, such as
clinical, business, management, informatics, and tech-
nology.
‘‘(5) SUCCESSION.—The Secretary of Defense and the Sec-
retary of Veterans Affairs shall jointly develop a leadership
succession process for the Office.
‘‘(6) ADDITIONAL GUIDANCE.—The Department of Veterans
Affairs-Department of Defense Joint Executive Committee may
provide guidance in the discharge of the functions of the Office
under this section.
‘‘(7) INFORMATION TO CONGRESS.—Upon request by any of Testimony.
the appropriate committees of Congress, the Director and the Briefing.
Deputy Director shall testify before such committee, or provide
a briefing or otherwise provide requested information to such
committee, regarding the discharge of the functions of the Office
under this section.’’.
(b) AUTHORITY.—Paragraph (1) of subsection (b) of such section
is amended by adding at the end the following new sentence:
‘‘The Office shall carry out decision making authority delegated
to the Office by the Secretary of Defense and the Secretary of
Veterans Affairs with respect to the definition, coordination, and
management of functional, technical, and programmatic activities
that are jointly used, carried out, and shared by the Departments.’’.
(c) PURPOSES.—Paragraph (2) of subsection (b) of such section
is amended by adding at the end the following new subparagraphs:
‘‘(C) To develop and implement a comprehensive inter- Strategy.
operability strategy, which shall include—
‘‘(i) the Electronic Health Record Modernization
Program of the Department of Veterans Affairs; and
‘‘(ii) the Healthcare Management System Mod-
ernization Program of the Department of Defense.
‘‘(D) To pursue the highest level of interoperability
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for the delivery of health care by the Department of Defense
and the Department of Veterans Affairs.
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