S. 1215

To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.

IN THE SENATE OF THE UNITED STATES

Mr. Inhofe (for himself and Mr. Reed) (by request) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “National Defense Authorization Act for Fiscal Year 2020”.

SEC. 2. Table of contents.

The table of contents for this Act is as follows:

SEC. 101. Army.

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army as follows:

(1) For aircraft, $3,696,429,000.

(2) For weapons and tracked combat vehicles, $4,715,566,000.

(3) For other procurement, $7,443,101,000.

SEC. 102. Navy and Marine Corps.

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Navy and Marine Corps as follows:

(1) For aircraft, $18,522,204,000.

(2) For shipbuilding and conversion, $23,783,710,000.

(3) For other procurement, $9,652,956,000.

(4) For procurement, Marine Corps, $3,090,449,000.

SEC. 103. Air Force.

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Air Force as follows:

(1) For aircraft, $16,784,279,000.

(2) For missiles, $2,889,187,000.

(3) For space procurement, $2,414,383,000.

(4) For other procurement, $20,687,857,000.

SEC. 104. Defense-wide activities.

Funds are hereby authorized to be appropriated for fiscal year 2020 for Defense-wide procurement in the amount of $5,109,416,000.

SEC. 105. Defense Production Act purchases.

Funds are hereby authorized to be appropriated for fiscal year 2020 for purchases under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) in the amount of $34,393,000.

SEC. 111. Economic order quantity contracting authority F–35 joint strike fighter program.

(a) In general.—Subject to subsections (b) through (e), 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 material and equipment that have completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021 through 2023.

(b) Limitation.—The total amount obligated under all contracts entered into under subsection (a) shall not exceed $574,000,000.

(c) Preliminary findings.—Before entering into a contract under subsection (a), the Secretary shall make each of the following findings with respect to such contract:

(1) The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contract.

(2) 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.

(3) 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.

(4) There is a stable design for the property to be procured and the technical risks associated with such property are not excessive.

(5) 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.

(6) Entering into the contract will promote the national security interests of the United States.

(d) Certification requirement.—Except as provided in subsection (e), the Secretary of Defense may not enter into a contract under subsection (a) 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:

(1) 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.

(2) 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 without cancellation.

(3) The contract is a fixed-price type contract.

(4) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

(5) The Secretary has determined that each of the conditions described in paragraphs (1) through (6) of subsection (c) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(6) The determination under paragraph (5) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(f)(2) of title 10, United States Code, and the analysis supports that determination.

(e) Exception.—Notwithstanding subsection (d), the Secretary of Defense may enter into a contract under subsection (a) on or after December 1, 2019, if—

(1) the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under subsection (c) with respect to the contract;

(2) the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in paragraphs (1) through (5) of subsection (d) is satisfied; and

(3) a period of 30 days has elapsed following the date on which the Secretary submits the certification under paragraph (2).

SEC. 201. Authorization of appropriations.

Funds are hereby authorized to be appropriated for fiscal year 2020 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $12,192,771,000.

(2) For the Navy, $20,270,499,000.

(3) For the Air Force, $45,616,122,000.

(4) For Defense-wide activities, $24,346,953,000.

(5) For the Director of Operational Test and Evaluation, $221,200,000.

SEC. 301. Operation and maintenance funding.

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, in amounts as follows:

(1) For the Army, $22,797,873,000.

(2) For the Navy, $25,952,718,000.

(3) For the Marine Corps, $3,928,045,000.

(4) For the Air Force, $21,278,499,000.

(5) For the Space Force, $72,436,000.

(6) For Defense-wide activities, $37,399,341,000.

(7) For the Army Reserve, $1,080,103,000.

(8) For the Navy Reserve, $261,284,000.

(9) For the Marine Corps Reserve, $61,090,000.

(10) For the Air Force Reserve, $2,231,445,000.

(11) For the Army National Guard, $3,335,755,000.

(12) For the Air National Guard, $3,612,156,000.

(13) For the United States Court of Appeals for the Armed Forces, $14,771,000.

(14) For Environmental Restoration, Army, $207,518,000.

(15) For Environmental Restoration, Navy, $335,932,000.

(16) For Environmental Restoration, Air Force, $302,744,000.

(17) For Environmental Restoration, Defense-wide, $9,105,000.

(18) For Environmental Restoration, Formerly Used Defense Sites, $216,499,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid programs, $108,600,000.

(20) For Cooperative Threat Reduction programs, $338,700,000.

(21) For Department of Defense Acquisition Workforce Development Fund, $400,000,000.

SEC. 311. Expediting Federal agency environmental reviews.

(a) Definition of service.—In this section the term “Service” means the National Marine Fisheries Service or the United States Fish and Wildlife Service, as appropriate.

(b) Agreements authorized.—

(1) IN GENERAL.—The Secretary of a military department is authorized to enter into an agreement with a Service to expedite an environmental review, planning, consultation, permitting, or approval process under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for a project or program undertaken by the military department.

(2) AGREEMENT CONTENTS.—Each such agreement shall—

(A) provide for a payment to a Service for the estimated or actual expenses of undertaking an expedited environmental review, planning, consultation, permitting, or approval process for a project or program undertaken by the military, including payment for—

(i) support of or participation in military planning activities that precede the initiation of the environmental review process;

(ii) activities directly related to the environmental review process, including any associated permitting, authorization, consultation or approval process;

(iii) dedicated staffing of agency personnel;

(iv) information gathering or mapping; or

(v) development of programmatic agreements;

(B) specify the amount of and basis for the payment the Secretary will provide to the Service pursuant to the agreement; and

(C) require the Director of the Service to use the payment received pursuant to the agreement only to contribute toward undertaking the environmental review, planning, consultation, permitting, or approval process within the time period described in subsection (c)(1).

(c) Payment conditions.—The Secretary of a military department may provide a payment pursuant to an agreement under this section only if—

(1) the Secretary determines that it is in the interest of national defense to complete an environmental review, planning, consultation, permitting, or approval process by a Service under an Act described in subsection (b) for a project or program undertaken by the military department within a particular time period; and

(2) the Director of a Service provides to the Secretary notice that the Service does not have sufficient funds or adequate personnel to complete such environmental review, planning, consultation, permitting, or approval process within such time period.

(d) Payment funding.—The Secretary of a military department may use funds available for operations and maintenance to make payments pursuant to an agreement under this section.

(e) Crediting of payments.—Payments to a Service under this section, including any payments provided in advance, may be credited to the appropriations of such agency for salaries and expenses. Subject to satisfaction of the requirements of subparagraphs (B) and (C) of subsection (b)(2), on use of payments by the Director of a Service, amounts so paid shall be merged with and shall be available for the same purposes and for the same time period as the appropriations so credited.

(f) Guidance.—Not later than 180 days after the date of enactment of this section, the Secretary of Defense shall issue guidance to implement this section.

SEC. 312. Native American lands environmental mitigation program.

(a) In general.—Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 2712. Native American lands environmental mitigation program

“(a) Establishment.—The Secretary of Defense may establish and carry out a program to mitigate the environmental effects of Department of Defense actions on Indian lands and culturally connected locations.

“(b) Program activities.—The activities that may be carried out under the program established under subsection (a) are the following:

“(1) Identification, investigation, and documentation of suspected environmental effects attributable to past Department of Defense actions.

“(2) Development of mitigation options for such environmental effects, including development of cost-to-complete estimates and a system for prioritizing mitigation actions.

“(3) Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past Department of Defense actions.

“(4) Demolition and removal of unsafe buildings and structures used by, under the jurisdiction of, or formerly used by or under the jurisdiction of the Department of Defense.

“(5) Training, technical assistance, and administrative support to facilitate the meaningful participation of Indian tribes in mitigation actions under the program.

“(6) Development and execution of a policy governing consultation with Indian tribes that have been or may be affected by Department of Defense actions, including training Department of Defense personnel to ensure compliance with the policy.

“(c) Cooperative agreements.— (1) In carrying out the program established under subsection (a), the Secretary of Defense may enter into a cooperative agreement with an Indian tribe or an instrumentality of tribal government.

“(2) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit of the United States Government.

“(3) Any cooperative agreement under this section for the procurement of severable services may begin in one fiscal year and end in another fiscal year provided the total period of performance does not exceed two calendar years.

“(d) Definitions.—In this section:

“(1) The term ‘Indian land’ includes—

“(A) any land located within the boundaries and a part of an Indian reservation, pueblo, or rancheria;

“(B) any land that has been allotted to an individual Indian but has not been conveyed to such Indian with full power of alienation;

“(C) Alaska Native village and regional corporation lands; and

“(D) lands and waters upon which any federally recognized Indian tribe has rights reserved by treaty, act of Congress, or action by the President.

“(2) The term ‘Indian tribe’ has the meaning given such term in section 2701(d)(4)(A) of this title.

“(3) The term ‘culturally connected location’ means a location or place that has demonstrable significance to Indians or Alaska Natives based on its association with the traditional beliefs, customs, and practices of a living community, including locations or places where religious, ceremonial, subsistence, medicinal, economic, or other lifeways practices have historically taken place.”.

(b) Table of sections amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2711 the following new item:



“2712. Native American lands environmental mitigation program.”.

SEC. 313. Inclusion of over-the-horizon radars in early outreach procedures and voluntary contributions.

Section 183a of title 10, United States Code, is amended—

(1) in subsection (c)(6) in the second sentence, by striking “or airport surveillance radar” and inserting “, airport surveillance radar, or wide area surveillance over-the-horizon radar”; and

(2) in subsection (f) in the first sentence, by striking “applicant for a project filed with the Secretary of Transportation pursuant to section 44718 of title 49” and inserting “entity requesting a review by the Clearinghouse under this section”.

SEC. 321. Inclusion of product support providers in public-private partnerships with respect to Centers of Industrial and Technical Excellence.

(a) In general.—Subsection (b) of section 2474 of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) in the matter preceding subparagraph (A), by inserting “or the head of a component that provides product support to the Center (in this section referred to as a ‘product support provider’)” after “the head of the Center”;

(B) in subparagraph (A), by inserting “a product support provider,” after “employees of the Center,”; and

(C) in subparagraph (B), by inserting “or a product support provider” after “the Center”; and

(2) in paragraph (2)—

(A) in subparagraph (A), by inserting “and product support providers” after “Center of Industrial and Technical Excellence”;

(B) in subparagraph (B), by inserting “or a facility of a product support provider” after “Center”;

(C) in subparagraph (C), by inserting “or a facility of a product support provider” after “Center”; and

(D) in subparagraph (D)—

(i) in clause (i), by inserting “or a product support provider” after “Center”; and

(ii) in clause (ii), by striking “at a Center” and inserting “of a Center or a product support provider”.

(b) Private sector use of excess capacity.—Subsection (c) of such section is amended by inserting “or a product support provider” after “Center of Industrial and Technical Excellence”.

(c) Crediting of amounts for performance.—Subsection (d) of such section is amended in the first sentence by inserting “or a product support provider” after “Center”.

(d) Availability of excess equipment to private-Sector partners.—Subsection (e) of such section is amended—

(1) in the matter preceding paragraph (1), by inserting “or a product support provider” after “Center of Industrial and Technical Excellence”; and

(2) in paragraph (1), by inserting “or a product support provider” after “Center”.

SEC. 322. Inclusion of depot services as eligible for sales by industrial facilities.

(a) In general.—Section 2563 of title 10, United States Code, is amended—

(1) in the heading, by striking “facilities” and inserting “facilities or operations”;

(2) in subsection (a)(2)—

(A) in subparagraph (A), by striking “working-capital funded industrial facility” and inserting “working-capital funded industrial facility or industrial operation”; and

(B) in subparagraph (B), by striking “a working-capital funded Army industrial facility” and inserting “a working-capital funded Army industrial facility or an Army industrial operation”;

(3) in subsection (b)—

(A) in the heading, by striking “facilities” and inserting “facilities or operations”; and

(B) by striking “facilities” each place it appears and inserting “facilities or operations”;

(4) in subsection (c), by striking “facility” each place it appears and inserting “facilities or operation”; and

(5) in subsection (g)—

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(B) by inserting after paragraph (1) the following new paragraph:

“(2) The term ‘industrial operation’ means a working-capital funded organization, a depot repair organization, or a product support activity supporting these organizations.”.

(b) Table of sections amendment.—The table of sections at the beginning of chapter 152 of title 10, United States Code, is amended by striking the item relating to section 2563 and inserting the following new item:



“2563. Articles and services of industrial facilities or operations: sale to persons outside the Department of Defense.”.

SEC. 323. Logistics support and services for weapon systems contractors.

(a) Authority.—The Secretary of Defense may make available logistics support and logistics services to a contractor, including contractors of F–35 participant nations, in support of the performance by the contractor of a contract for the construction, modification, or maintenance or repair of the F–35 Lightning II weapon system.

(b) Support contracts.—

(1) IN GENERAL.—Any logistics support and logistics services to be provided under this section to a contractor in support of the performance of a contract described in subsection (a) shall be provided under a separate contract that is entered into by the Director of the Defense Logistics Agency with that contractor. The requirements of section 2208(h) of title 10, United States Code, and the regulations prescribed pursuant to such section shall apply to the contract between the Director of the Defense Logistics Agency and the contractor.

(2) LIMITATION.—The number of contracts described in subsection (a) for which the Secretary of Defense makes logistics support and logistics services available under the authority of this section may not exceed 10 contracts. No contract entered into by the Director of the Defense Logistics Agency under subsection (b) may be for a period in excess of five years, including periods for which the contract is extended under options to extend the contract.

(c) Scope of support and services.—The logistics support and logistics services that may be provided under this section in support of the performance of a contract described in subsection (a) are the cataloging, storage and distribution, disposal, and supply chain management, including supply and provisioning, of materiel and parts necessary for the performance of that contract.

(d) Regulations.—The Secretary shall prescribe regulations implementing this section. The regulations shall include the following:

(1) A requirement that the solicitation of offers for a contract described in subsection (a) that will be awarded by a military department or the Department of Defense, for which logistics support and logistics services are to be made available under this section, shall include—

(A) a statement that the logistics support and logistics services are to be made available under the authority of this section to any contractor awarded the contract, but only on a basis that does not require acceptance of the support and services; and

(B) a description of the range of the logistics support and logistics services that are to be made available to the contractor.

(2) A requirement for the rates charged a contractor for logistics support and logistics services provided to a contractor under the authority of this section to reflect the full cost to the United States of the resources used in providing the support and services, including the costs of resources used, but not paid for, by the Department of Defense.

(3) A prohibition on the imposition of any charge on a contractor for any effort of the contractor to correct a deficiency in the performance of logistics support and logistics services provided to the contractor under this section.

(4) A requirement that logistics support and logistics services provided under the authority of this section may not interfere with the mission of the Defense Logistics Agency or of any military department involved with the program.

(e) Relationship to treaty obligations.—The Secretary shall consult with the Secretary of State to ensure that the exercise of authority under the authority of this section does not conflict with any obligation of the United States under any treaty or other international agreement.

(f) Reports.—

(1) SECRETARY OF DEFENSE.—Not later than the end of the fourth year of operation of the 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 report describing—

(A) the cost effectiveness for both the Government and industry of operation of the authority; and

(B) the effects, if any, on the performance of prime contracts being supported by support contracts awarded under the authority of this section.

(2) COMPTROLLER GENERAL.—Not later than the end of the fifth year of operation of the authority under this section, the Comptroller General of the United States shall review the report of the Secretary under paragraph (1) for sufficiency and provide such recommendations in a report to the Committees on Armed Services of the Senate and the House of Representatives as the Comptroller General considers appropriate.

(g) Sunset.—The authority to enter into contracts under the authority of this section shall expire six years after the date of the enactment of this Act. Any contracts entered into before such date shall continue in effect according to their terms.

(h) F–35 participant nations defined.—In this section, the term “F–35 participant nations” means each of the following:

(1) The United States.

(2) The United Kingdom.

(3) Italy.

(4) The Netherlands.

(5) The Republic of Turkey.

(6) Canada.

(7) Australia.

(8) Denmark.

(9) Norway.

(10) Any additional nations given participant nation status by the Secretary of Defense with the concurrence of the Secretary of State.

SEC. 331. Updating and modernizing the Department of Defense explosives safety board.

(a) In general.—Section 172 of title 10, United States Code, is amended to read as follows:

“§ 172. Explosives safety board

“(a) Explosives safety risk management.—The Secretary of Defense, acting through a joint board composed of members as described in subsection (b), shall develop guidance for oversight of the explosives safety munitions risk management life-cycle of the production, storage, and transportation of supplies of military munitions for use of the organizations listed in section 111(b) of this title, with particular regard to keeping those supplies properly dispersed and stored and to preventing hazardous conditions from arising to endanger life and property inside or outside of storage reservations.

“(b) Composition of board.—The joint board referred to in subsection (a) shall include members selected by the Secretaries of the military departments and be composed of military officers, civilian officers and employees of the Department of Defense, or both. The joint board may, under agreement with the Secretary of Homeland Security, include a member from the Coast Guard, when the Coast Guard is not operating as a service in the Department of the Navy.”.

(b) Table of sections amendment.—The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 172 and inserting the following new item:



“172. Explosives safety board.”.

SEC. 332. Officers authorized to command Army dental units.

Section 3081(d) of title 10, United States Code, is amended by striking “Dental Corps Officer” and inserting “Army Medical Department Officer”.

SEC. 333. Expanded transfer and adoption of military animals.

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”;

(B) in the first sentence, by striking “adoption” and inserting “transfer or adoption”; and

(C) in the second sentence, by striking “adoptability” and inserting “transferability or adoptability”;

(3) in subsection (c)(1)—

(A) in the matter preceding subparagraph (A), by inserting “transfer or” before “adoption”;

(B) in subparagraphs (A) and (B), by inserting “adoption” before “by”;

(C) in subparagraph (B), by inserting “or organizations” after “persons”; and

(D) in subparagraph (C), by striking “by” and inserting “transfer to”;

(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”;

(5) in subsection (f)—

(A) in the subsection heading, by striking “transfer of retired” and inserting “transportation of retiring”; and

(B) in paragraph (1), by striking “transfer” and inserting “transport”;

(6) in subsection (g)(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.”; and

(7) in subsection (h)(2), by striking “A horse” and inserting “An equid (horse, mule, or donkey)”.

SEC. 334. Repeal of statutory requirement for Commander of the Defense Logistics Agency to be notified three years prior to implementing changes to any uniform or uniform component.

Section 356 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1636) is amended—

(1) by striking subsection (a);

(2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; and

(3) in subsections (a) and (b), as so redesignated, by striking “Commander” each place it appears and inserting “Director”.

SEC. 335. Transition from service-specific Defense Readiness Reporting Systems.

Section 358(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “October 1, 2019” and inserting “October 1, 2020”.

SEC. 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. 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 for any reserve component are released from active duty during any fiscal year, the end strength prescribed for such fiscal year for the Selected Reserve of such reserve component shall be increased proportionately by the total authorized strengths of such units and by the total number of such individual members.

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

Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2020, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 30,595.

(2) The Army Reserve, 16,511.

(3) The Navy Reserve, 10,155.

(4) The Marine Corps Reserve, 2,386.

(5) The Air National Guard of the United States, 22,637.

(6) The Air Force Reserve, 4,431.

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

The minimum number of military technicians (dual status) as of the last day of fiscal year 2020 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1) For the Army National Guard of the United States, 22,294.

(2) For the Army Reserve, 6,492.

(3) For the Air National Guard of the United States, 13,573.

(4) For the Air Force Reserve, 8,848.

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: Major Lieutenant Colonel Colonel 2,400 143 105 34 2,500 149 109 35 2,600 155 113 36 2,700 161 118 37 2,800 167 122 39 2,900 173 126 41 3,000 179 130 42”.

(b) Senior enlisted members.—Section 12012(a) of title 10, United States Code, is amended by striking those parts of the table pertaining to the Marine Corps Reserve and inserting the following:







“Marine Corps Reserve: E–8 E–9 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. Authorized strength: exclusion of certain reserve component general and flag officers on active duty.

Section 526a of title 10, United States Code, is amended—

(1) in subsection (b), by adding at the end the following new paragraph:

“(3) CERTAIN RESERVE COMPONENT GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.— (A) The Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the Joint Staff, as positions to be held only by reserve component officers who are in a general or flag officer grade below lieutenant general or vice admiral. Each position so designated shall be considered to be a joint duty assignment position for purposes of chapter 38 of this title. “(B) A reserve component officer serving in a position designated under subparagraph (A) while on active duty under a call or order to active duty that does not specify a period of 180 days or less shall not be counted for purposes of the limitations under subsection (a) and under section 525 of this title.”;

(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

(3) by inserting after subsection (b) the following new subsection: “(c) Exclusion of certain reserve officers.— “(1) GENERAL OR FLAG OFFICERS SERVING LESS THAN 180 DAYS.—The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for training or who is on active duty under a call or order specifying a period of less than 180 days. “(2) GENERAL OR FLAG OFFICERS SERVING 365 DAYS OR LESS.—The limitations of this section also do not apply to a number, as specified by the Secretary of the military department concerned, of reserve component general or flag officers authorized to serve on active duty for a period of not more than 365 days. The number so specified for an armed force may not exceed the number equal to 10 percent of the authorized number of general or flag officers, as the case may be, of that armed force under section 12004 of this title. In determining such number, any fraction shall be rounded down to the next whole number, except that such number shall be at least one. “(3) GENERAL OR FLAG OFFICERS SERVING MORE THAN 365 DAYS.—The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 365 days but not to exceed three years, except that the number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authorized by the Secretary of Defense.”.

SEC. 421. Military personnel.

There is hereby authorized to be appropriated for military personnel for fiscal year 2020 a total of $143,476,503,000.

SEC. 431. Authorities of Secretary of Defense and Service Secretaries to vary personnel end strengths.

(a) Authority for Secretary of Defense variances.—Section 115(f)(2) of title 10, United States Code, is amended by striking “increase” and inserting “vary”.

(b) Authority for Service Secretary variances.—Section 115(g) of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) in subparagraph (A), by striking “and” at the end;

(B) in subparagraph (B)—

(i) by striking “increase” and inserting “vary”; and

(ii) by striking the period at the end and inserting “; and”; and

(C) by adding at the end the following:

“(C) vary the end strength authorized pursuant to subsection (a)(1)(B) for a fiscal year for the Active Guard and Reserve category of the Selected Reserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Active Guard and Reserve category of the Selected Reserve of the reserve component of any armed force under the jurisdiction of that Secretary, by a number equal to not more than 1 percent of such authorized end strength.”; and

(2) in paragraph (2)—

(A) in the second sentence, by striking “increase” each place it occurs and inserting “variance”; and

(B) by adding at the end the following new sentence: “Any variance under paragraph (1)(C) of the end strength for the Active Guard and Reserve category of the Selected Reserve of an armed force for a fiscal year shall be counted as part of the variance for that Selected Reserve for that fiscal year authorized under subsection (f)(2).”.

SEC. 501. Revision to 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 a member of the Armed Forces in grade O–8 or higher” before the period.

SEC. 502. Repeal of report on end-of-quarter strength levels.

Section 115(e) of title 10, United States Code, is amended by striking paragraph (3).

SEC. 503. Original appointment authority.

Section 531 of title 10, United States Code, is amended—

(1) in subsection (a)(1)—

(A) by striking “and captain” and inserting “captain, major, and lieutenant colonel”; and

(B) by striking “and lieutenant” and inserting “lieutenant, lieutenant commander, and commander”; and

(2) in subsection (a)(2)—

(A) by striking “grades” both places it appears and inserting “grade”;

(B) by striking “major, lieutenant colonel, and”; and

(C) by striking “lieutenant commander, commander, and”.

SEC. 511. Repeal of requirement for review of certain Army reserve officer unit vacancy promotions by commanders of associated active duty units.

Section 1113 of the Army National Guard Combat Readiness Reform Act of 1992 (10 U.S.C. 10105 note) is repealed.

SEC. 521. Reduction in required number of members of discharge review boards.

Section 1553(a) of title 10, United States Code, is amended by striking “five” and inserting “not less than three”.

SEC. 522. Privacy Act exclusion for courts-martial to allow for public access to dockets, filings, and court records.

(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) The Secretary of Defense, in consultation with the Secretary of Homeland Security,”;

(2) in subsection (a) (as designated by paragraph (1) of this section) in the matter preceding paragraph (1), by inserting “(including with respect to the Coast Guard)” after “military justice system”;

(3) in paragraph (4) of subsection (a) (as so designated), by inserting “public” before “access to docket information”; and

(4) by adding at the end the following new subsections: “(b) Section 552a of title 5 shall not apply to records of trial produced or distributed within the military justice system or docket information, filings, and records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a).

“(c) Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.”.

(b) Existing standards and criteria.—The Secretary of Homeland Security shall apply to the Coast Guard the standards and criteria for conduct established by the Secretary of Defense under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), in effect on 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. 531. Revisions to requirements relating to Department of Defense policy on evidence retention to reflect the length of time a sexual assault forensic examination (SAFE) kit must be retained.

Section 586 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note) is amended—

(1) by redesignating subsection (f) as subsection (e);

(2) in subsection (e), as so redesignated, in the subsection heading, by inserting “in unrestricted reporting cases” after “proceedings”; and

(3) by adding at the end the following new subsection: “(f) Return of personal property in restricted reporting cases.— (1) The Secretary of Defense shall prescribe procedures under which a victim who files a restricted report on an incident of sexual assault may request, at any time, the return of any personal property of the victim obtained as part of the sexual assault forensic examination. “(2) The procedures shall ensure that— “(A) a request of a victim under paragraph (1) may be made on a confidential basis and without affecting the restricted nature of the restricted report; and

“(B) at the time of the filing of the restricted report, a Sexual Assault Response Coordinator or Sexual Assault Prevention and Response Victim Advocate—

“(i) informs the victim that the victim may request the return of personal property as described in paragraph (1); and

“(ii) advises the victim that such a request for the return of personal property may negatively impact a subsequent case adjudication, if the victim later decides to convert the restricted report to an unrestricted report.

“(3) Except with respect to personal property returned to a victim under this subsection, nothing in this subsection shall affect the requirement to retain a sexual assault forensic examination (SAFE) kit for the period specified in subsection (c)(4)(A).”.

SEC. 532. Command influence under the Uniform Code of Military Justice.

(a) Article 37.—Section 837 of title 10, United States Code (article 37 of the Uniform Code of Military Justice), is amended—

(1) in the heading, by striking “Unlawfully influencing action of court” and inserting “Command influence”;

(2) in subsection (a)—

(A) by striking “(a) No authority convening a general, special, or summary court-martial” and inserting “(a)(1) No court-martial convening authority”;

(B) in paragraph (1) (as designated by subparagraph (A) of this paragraph), by striking “proceeding. No person” and inserting the following: “proceeding.

“(3) No person”;

(C) by inserting before paragraph (3) (as designated by subparagraph (B) of this paragraph) the following new paragraph:

“(2) No court-martial convening authority, nor any other commanding officer, may deter or attempt to deter a potential witness from participating in the investigatory process or testifying at a court-martial. The denial of a request to travel at government expense or refusal to make a witness available shall not by itself constitute unlawful command influence.”;

(D) in paragraph (3) (as so designated)—

(i) by inserting “attempt to” before “influence”;

(ii) by striking “with respect to his judicial acts” and inserting “or preliminary hearing officer with respect to such acts taken pursuant to this chapter as prescribed by the President”; and

(iii) by striking the second sentence; and

(E) by adding at the end the following new paragraphs:

“(4) Paragraphs (1) through (3) shall not apply with respect to—

“(A) general instructional or informational courses in military justice if such courses are designed solely for the purpose of instructing members of a command in 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

“(C) statements and instructions given in open court by the military judge or counsel.

“(5) (A) Notwithstanding paragraphs (1) through (3), but subject to subparagraph (B)—

“(i) a superior convening authority or officer may generally discuss matters to consider regarding the disposition of alleged violations of this chapter with a subordinate convening authority or officer; and

“(ii) a subordinate convening authority or officer may seek advice from a superior convening authority or officer regarding the disposition of an alleged offense under this chapter.

“(B) No superior convening authority or officer may direct a subordinate convening authority or officer to make a particular disposition in a specific case or otherwise substitute the discretion of such authority or such officer for that of the subordinate convening authority or officer.”;

(3) in subsection (b)—

(A) by striking “to be advanced, in grade” and inserting “to be 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, or the doctrine of apparent unlawful command influence, unless the violation materially prejudices the substantial rights of the accused.

“(d) (1) A superior convening authority or commanding officer may withhold the authority of a subordinate convening authority or officer to dispose of offenses in individual cases, types of cases, or generally.

“(2) Except as otherwise authorized by this chapter, a superior convening authority or commanding officer may not limit the discretion of a subordinate convening authority or officer to act with respect to a case for which the subordinate convening authority or officer has authority to dispose of the offenses.”.

(b) Article 53a.—Section 853a(b)(5) of title 10, United States Code (article 53a of the Uniform Code of Military Justice), is amended by striking “the President” and inserting “the President, the Secretary of Defense, or the Secretary concerned.”.

(c) Table of sections amendment.—The table of sections at the beginning of subchapter VII of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 837 (article 37 of the Uniform Code of Military Justice) and inserting the following new item:



“837. Art. 37. Command influence.”.

SEC. 541. Enhancing joint professional military education.

Section 2154(a)(2)(A) of title 10, United States Code, is amended by striking “the Joint Forces Staff College or a” and inserting “a joint or”.

SEC. 542. Eligibility of additional enlisted members for associate degree programs of the Community College of the Air Force.

Section 9415(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) Enlisted members of the armed forces other than the Air Force who are participating in Community College of the Air Force affiliated joint-service training and education courses.”.

SEC. 543. Degree granting authority for United States Army Armament Graduate School.

(a) In general.—Chapter 401 of title 10, United States Code, is amended by adding at the end the following new section:

“§ 4322. 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 college, confer appropriate degrees upon graduates who meet the degree requirements.

“(b) Limitation.—A degree may not be conferred under this section unless—

“(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and

“(2) the United States Army Armament Graduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.

“(c) Congressional notification requirements.— (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives—

“(A) a copy of the self-assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education’s National Advisory Committee on Institutional Quality and Integrity; and

“(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.

“(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.

“(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the 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.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item:



“4322. Degree granting authority for United States Army Armament Graduate School.”.

SEC. 544. Authority for the military departments’ accredited institutions to accept research grants.

(a) Army institutions.—

(1) IN GENERAL.—Section 7487 of title 10, United States Code, is amended—

(A) by striking subsection (a) and inserting the following new subsection:

“(a) Acceptance of research grants.— (1) The Secretary of the Army may authorize the Commandant of the United States Army War College or the head of any other accredited institution of the Army to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College or institution, as appropriate, for a scientific, literary, or educational purpose.

“(2) A civilian member of the faculty of the Army War College or any other accredited institution of the Army may accept a grant to conduct research in the civilian faculty member’s personal capacity, but such research may not be accomplished in direct support of lectures, instruction, curriculum development, or special duties as assigned at the College or institution, as appropriate. For the purpose of determining rights with respect to any invention made under such a grant, the civilian faculty member shall be deemed a Government employee.”;

(B) in the second sentence of subsection (d), by inserting “or the head of any other accredited institution of the Army, as appropriate,” after “The Commandant”; and

(C) in subsection (e), by striking “Army War College” and all that follows through the period and inserting “Army War College or any other accredited institution of the Army may be used to pay expenses incurred by the College or institution, as appropriate, in applying for, and otherwise pursuing, the award of qualifying research grants.”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended by inserting “and other accredited institutions of the Army” after “United States Army War College”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 757 of such title is amended by striking the item relating to section 7487 and inserting the following new item:



“7487. United States Army War College and other accredited institutions of the Army: acceptance of grants for faculty research for scientific, literary, and educational purposes.”.

(b) Navy institutions.—

(1) IN GENERAL.—Section 8593 of such title is amended—

(A) by striking subsection (a) and inserting the following new subsection:

“(a) Acceptance of research grants.— (1) The Secretary of the Navy may authorize the President of the Naval War College or the head of any other accredited institution of the Navy to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College or institution, as appropriate, for a scientific, literary, or educational purpose.

“(2) A civilian member of the faculty of the Naval War College or any other accredited institution of the Navy may accept a grant to conduct research in the civilian faculty member’s personal capacity, but such research may not be accomplished in direct support of lectures, instruction, curriculum development, or special duties as assigned at the College or institution, as appropriate. For the purpose of determining rights with respect to any invention made under such a grant, the civilian faculty member shall be deemed a Government employee.”;

(B) in the second sentence of subsection (d), by inserting “or the head of any other accredited institution of the Navy, as appropriate,” after “Naval War College”; and

(C) in subsection (e), by striking “Naval War College” and all that follows through the period and inserting “Naval War College or any other accredited institution of the Navy may be used to pay expenses incurred by the College or institution, as appropriate, in applying for, and otherwise pursuing, the award of qualifying research grants.”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended by inserting “and other accredited institutions of the Navy” after “Naval War College”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 859 of such title is amended by striking the item relating to section 8593 and inserting the following new item:



“8593. Naval War College and other accredited institutions of the Navy: acceptance of grants for faculty research for scientific, literary, and educational purposes.”.

(c) Marine Corps institutions.—

(1) IN GENERAL.—Section 8594 of such title is amended—

(A) by striking subsection (a) and inserting the following new subsection:

“(a) Acceptance of research grants.— (1) The Secretary of the Navy may authorize the President of the Marine Corps University or the head of any other accredited institution of the Marine Corps to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the University or institution, as appropriate, for a scientific, literary, or educational purpose.

“(2) A civilian member of the faculty of the Marine Corps University or any other accredited institution of the Marine Corps may accept a grant to conduct research in the civilian faculty member’s personal capacity, but such research may not be accomplished in direct support of lectures, instruction, curriculum development, or special duties as assigned at the University or institution, as appropriate. For the purpose of determining rights with respect to any invention made under such a grant, the civilian faculty member shall be deemed a Government employee.”;

(B) in the second sentence of subsection (d), by inserting “or the head of any other accredited institution of the Marine Corps, as appropriate,” after “Marine Corps University”; and

(C) in subsection (e), by striking “Marine Corps University” and all that follows through the period and inserting “Marine Corps University or any other accredited institution of the Marine Corps may be used to pay expenses incurred by the University or institution, as appropriate, in applying for, and otherwise pursuing, the award of qualifying research grants.”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended by inserting “and other accredited institutions of the Marine Corps” after “Marine Corps University”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 859 of such title is amended by striking the item relating to section 8594 and inserting the following:



“8594. Marine Corps University and other accredited institutions of the Marine Corps: acceptance of grants for faculty research for scientific, literary, and educational purposes.”.

(d) Air Force institutions.—

(1) IN GENERAL.—Section 9487 of title 10, United States Code, is amended—

(A) by striking subsection (a) and inserting the following:

“(a) Acceptance of research grants.— (1) The Secretary of the Air Force may authorize the Commandant of the Air War College or the head of any other accredited institution of the Air Force to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the College or institution, as appropriate, for a scientific, literary, or educational purpose.

“(2) A civilian member of the faculty of the Air War College or any other accredited institution of the Air Force may accept a grant to conduct research in the civilian faculty member’s personal capacity, but such research may not be accomplished in direct support of lectures, instruction, curriculum development, or special duties as assigned at the College or institution, as appropriate. For the purpose of determining rights with respect to any invention made under such a grant, the civilian faculty member shall be deemed a Government employee.”;

(B) in subsection (d), by inserting “or the head of any other accredited institution of the Air Force, as appropriate,” after “Commandant”; and

(C) in subsection (e), by striking “Air War College” and all that follows through the period and inserting “Air War College or any other accredited institution of the Air Force may be used to pay expenses incurred by the College or institution, as appropriate, in applying for, and otherwise pursuing, the award of qualifying research grants.”.

(2) CLERICAL AMENDMENTS.—

(A) SECTION HEADING.—The heading of such section is amended by inserting “and other accredited institutions of the Air Force” after “Air War College”.

(B) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 957 of such title is amended by striking the item relating to section 9487 and inserting the following new item:



“9487. Air War College and other accredited institutions of the Air Force: acceptance of grants for faculty research for scientific, literary, and educational purposes.”.

SEC. 545. Preparation of budget requests for operation of professional military education schools.

Section 2162(b)(2) of title 10, United States Code, is amended in the first sentence by striking “as a separate budget request” and inserting “as part of the budget request for the Joint Staff”.

SEC. 551. Expansion of Gold Star Lapel Button eligibility to stepbrothers and stepsisters.

Section 1126 of title 10, United States Code, is amended—

(1) in subsection (b), by striking “and next of kin” and inserting “, next of kin, stepbrother, and stepsister”;

(2) in subsection (c), by striking “may be replaced” and all that follows before the period at the end and inserting “may be replaced upon application and without cost”; and

(3) in subsection (d), by adding at the end the following:

“(9) The terms ‘stepbrother’ and ‘stepsister’ shall be defined in regulations prescribed by the Secretary of Defense under subsection (b).”.

SEC. 552. Authority to award or present a decoration following a congressionally requested review.

(a) In general.—Section 1130 of title 10, United States Code, is amended—

(1) in the section heading, by inserting “and award or presentation” after “for review”;

(2) in subsection (a), by striking “shall” each place it appears and inserting “may”;

(3) by redesignating subsection (d) as subsection (e); and

(4) by inserting after subsection (c) the following: “(d) (1) A decoration may be awarded or presented following submission of a favorable recommendation for the award or presentation under subsection (b). “(2) An award or presentation under paragraph (1) may not occur before the expiration of a 60-day period for congressional review beginning on the date of submission of the favorable recommendation under subsection (b) regarding the award or presentation.

“(3) The authority to make an award or presentation under this subsection shall apply notwithstanding any limitation described in subsection (a).”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 57 of title 10, United States Code, is amended by striking the item relating to section 1130 and inserting the following:



“1130. Consideration of proposals for decorations not previously submitted in timely fashion: procedures for review and award or presentation.”.

SEC. 561. Expansion of personal property tax relief for servicemembers.

Paragraph (1) of section 511(d) of the Servicemembers Civil Relief Act (50 U.S.C. 4001(d)) is amended—

(1) by inserting “, whether leased or owned,” after “spouse of a servicemember”; and

(2) by adding at the end the following: “The relief from personal property taxes extends to a servicemember or the spouse of a servicemember who leases a motor vehicle, as well as to a lessor who leases a motor vehicle to the servicemember or spouse. When a servicemember or the spouse of the servicemember leases a motor vehicle, the leased motor vehicle shall not be deemed to be located or present in, or have a situs for taxation in, the tax jurisdiction in which the servicemember is serving in compliance with military orders unless the servicemember or spouse has adopted that tax jurisdiction as the legal residence of the servicemember or spouse, respectively.”.

SEC. 562. Clarification regarding military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act.

Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—

(1) in paragraph (1), by inserting “including orders for separation or retirement,” after “official military orders,”; and

(2) by adding at the end the following new paragraph:

“(3) PERMANENT CHANGE OF STATION.—The term ‘permanent change of station’ includes separation or retirement from military service.”.

SEC. 563. Clarification of requirements for residence and domicile tax relief under the Servicemembers Civil Relief Act.

(a) In general.—Section 511 of the Servicemembers Civil Relief Act (50 U.S.C. 4001) is amended by adding at the end the following new subsection:

“(h) Determination of servicemember’s tax jurisdiction.—For purposes of this section, the State or political subdivision where a servicemember is serving in compliance with military orders includes any State or political subdivision within 150 miles of the servicemember’s assigned duty location.”.

(b) Applicability.—The amendment made by subsection (a) shall apply with respect to a State or local income tax return filed for any taxable year beginning on or after January 1, 2016.

SEC. 564. Determination of residence or domicile for tax purposes of spouses of military personnel.

Section 511(a)(2) of the Servicemembers Civil Relief Act (50 U.S.C. 4001(a)(2)) is amended by striking “if the residence or domicile, as the case may be, is the same for the servicemember and the spouse”.

SEC. 565. Extension of protections for servicemembers against default judgments.

(a) Clarification of affidavit requirement.—Paragraph (1) of section 201(b) of the Servicemember Civil Relief Act (50 U.S.C. 3931(b)) is amended—

(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2) in the matter preceding clause (i), as redesignated by paragraph (1)—

(A) by striking “the court, before entering judgment for the plaintiff, shall require the plaintiff to” and inserting “the plaintiff, when seeking a default judgment, shall”; and

(B) by inserting “(A)” before “In any action”; and

(3) by adding at the end the following new subparagraph:

“(B) The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached the records on which the plaintiff relies in preparing the affidavit. Attached records shall include at least a copy of the certificate produced by the Department of Defense Manpower Data Center or a certificate produced by a successor to such Center.”.

(b) Extension of protections for servicemembers against default judgments.—Paragraph (2) of section 201(b) of the Servicemembers Civil Relief Act (50 U.S.C. 3931(b)) is amended—

(1) by inserting after the first sentence the following new sentence: “The court may not appoint an attorney to represent a defendant who is selected by, or has a business affiliation with, the plaintiff, an attorney representing the plaintiff, or an employee of an entity that has a business affiliation with an attorney representing the plaintiff.”; and

(2) by adding at the end the following new sentence: “Nothing in this paragraph shall be construed to prohibit a court from assessing court-appointed attorney fees and costs against the plaintiff.”.

(c) Searches of Department of Defense Manpower Data Center database.—Subsection (b) of such section is further amended by adding at the end the following new paragraphs:

“(5) REQUIRED SEARCH OF DEPARTMENT OF DEFENSE DATABASE.—Before filing an affidavit under subsection (b)(1), the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available Department of Defense Manpower Data Center records or records from a successor to such Center, and of any other information available to the plaintiff. The plaintiff shall obtain and provide to the court copies of any status reports obtained through such search.

“(6) DUTIES OF COURT-APPOINTED ATTORNEY.— (A) An attorney appointed to represent a defendant under subsection (b)(2) shall act only in the best interests of the defendant.

“(B) The court appointed attorney, when appropriate to represent the best interests of the defendant, shall request a stay of proceedings under this Act.

“(C) The plaintiff shall provide to the court appointed attorney all contact information the plaintiff has for the defendant.

“(D) The court appointed attorney shall conduct a diligent and reasonable investigation to confirm the defendant’s military status, including a search of the Department of Defense Manpower Data Center or a successor to such Center. The attorney shall file any status reports obtained through such search with the court.

“(E) Upon making contact with the defendant, the court appointed attorney shall advise the defendant of the nature of the lawsuit and the defendant’s rights provided by this Act, including rights to obtain a stay and to request the court to adjust an obligation. The attorney shall communicate to the court whether or not the defendant requests a stay or requests a continuance to obtain counsel.

“(F) If the court appointed attorney is unable to make contact with the defendant, the attorney shall assert rights provided by this Act on behalf of the defendant, provided there is an adequate basis in law and fact.

“(G) A court appointed attorney unable to make contact with the defendant shall report to the court on all of the attorney’s efforts to make contact by filing an affidavit indicating the following:

“(i) The date such attorney reviewed the court record and pleadings to ascertain contact information for the defendant.

“(ii) All of the attorney’s attempts to contact the defendant, including the date, time, and method of communication.

“(iii) That such attorney was unable to contact the defendant.

“(7) EFFECT OF DEPARTMENT OF DEFENSE DISCONTINUING AVAILABILITY OF INFORMATION.—If the Department of Defense discontinues the availability of active duty status information through the Department of Defense Manpower Data Center, a successor to such Center, or another related entity, then all requirements under this subsection that are related to the Department of Defense Manpower Data Center, the successor to such Center, or the other related entity shall cease to apply until such time as the Department of Defense resumes making such information available.”.

SEC. 601. Inclusion of active duty service for a preplanned mission as eligible service for reduction of eligibility age for a non-regular retirement.

Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by inserting “or 12304b” after “section 12301(d)”.

SEC. 602. Authority to waive recoupment of separation pay, severance pay, or readjustment pay for involuntary discharge for members who subsequently become entitled to retired or retainer pay.

Section 1174(h) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(3) (A) The Secretary of Defense, or the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may waive the requirement to repay separation pay, severance pay, or readjustment pay under paragraph (1) if such Secretary determines that repayment would be against equity and good conscience or would be contrary to the best interests of the United States.

“(B) The authority of the Secretary of Defense in this paragraph may be delegated to the Under Secretary of Defense for Personnel and Readiness and the Principal Deputy Under Secretary of Defense for Personnel and Readiness.”.

SEC. 603. Authority for payment of death gratuity to trusts.

Section 1477(a) of title 10, United States Code, is amended by adding at the end the following new paragraph—

“(3) In this subsection, the term ‘person’ includes—

“(A) the estate of the member; or

“(B) a trust legally established under any Federal, State, or territorial law, including a supplemental or special needs trust established under subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of a dependent child considered disabled under section 1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is incapable of self-support because of mental or physical incapacity.”.

SEC. 604. Payment of transitional compensation for certain dependents.

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; and

(3) by amending paragraph (3) to read as follows:

“(3) For the purposes of this subsection, a member is considered separated from active duty upon the earliest of— “(A) the date an administrative separation is initiated by a commander of the member; “(B) the date the court-martial sentence is adjudged if the sentence, as adjudged, includes a dismissal, dishonorable discharge, bad conduct discharge, or forfeiture of all pay and allowances; or “(C) the date the member’s term of service expires.”.

SEC. 605. Treatment of commissary user fees.

Section 2483(c) of title 10, United States Code, is amended by inserting “fees on services provided,” after “handling fees for tobacco products,”.

SEC. 606. One-year extension of certain expiring bonus and special pay authorities.

(a) Authorities relating to reserve forces.—Section 910(g) of title 37, United States Code, relating to income replacement payments for reserve component members experiencing extended and frequent mobilization for active duty service, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(b) Title 10 authorities relating to health care professionals.—The following sections of title 10, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:

(1) Section 2130a(a)(1), relating to nurse officer candidate accession program.

(2) Section 16302(d), relating to repayment of education loans for certain health professionals who serve in the Selected Reserve.

(c) Authorities relating to nuclear officers.—Section 333(i) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

(d) Authorities relating to title 37 consolidated special pay, incentive pay, and bonus authorities.—The following sections of title 37, United States Code, are amended by striking “December 31, 2019” and inserting “December 31, 2020”:

(1) Section 331(h), relating to general bonus authority for enlisted members.

(2) Section 332(g), relating to general bonus authority for officers.

(3) Section 334(i), relating to special aviation incentive pay and bonus authorities for officers.

(4) Section 335(k), relating to special bonus and incentive pay authorities for officers in health professions.

(5) Section 336(g), relating to contracting bonus for cadets and midshipmen enrolled in the Senior Reserve Officers’ Training Corps.

(6) Section 351(h), relating to hazardous duty pay.

(7) Section 352(g), relating to assignment pay or special duty pay.

(8) Section 353(i), relating to skill incentive pay or proficiency bonus.

(9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units.

(e) Authority To provide temporary increase in rates of basic allowance for housing.—Section 403(b)(7)(E) of title 37, United States Code, is amended by striking “December 31, 2019” and inserting “December 31, 2020”.

SEC. 701. Reauthorization of demonstration project for health care coverage through the Federal Employees Health Benefits Program.

Section 1108 of title 10, United States Code, is amended—

(1) in subsection (a), by striking the last sentence;

(2) in subsection (b)—

(A) by striking paragraph (1) and inserting the following new paragraph: “(1) An eligible beneficiary under this subsection is a beneficiary under section 1074(a) of this title or a covered beneficiary under this chapter, but does not include a person who is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).”;

(B) in paragraph (2), by striking “who is a family member for purposes of such chapter”;

(C) in paragraph (3), by striking “(except as provided in paragraph (1)(C) or (1)(D))”; and

(D) by striking paragraphs (4) and (5);

(3) in subsection (c), by striking “In establishing the areas” and all that follows through the end of the subsection;

(4) in subsection (d)(2)—

(A) by striking “2000” and inserting “2021”;

(B) by striking “1999” and inserting “2020”; and

(C) by striking “2002” and inserting “2023”;

(5) in subsection (f), by striking paragraphs (1) and (2) and the paragraph designation for paragraph (3);

(6) by striking subsection (g);

(7) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively;

(8) by striking subsection (j); and

(9) by adding at the end the following new subsections: “(i) Health allowance.—The Secretary of Defense may make additional payments to a beneficiary under section 1074(a) of this title as a health allowance for payment of health and medical services (including premium and cost sharing) in the demonstration project under this section. “(j) Additional terms and conditions.—The Secretary of Defense and the Director of the Office of Personnel Management are authorized to establish such other terms and conditions for the operation of the demonstration authorized by this section as they determine appropriate.”.

SEC. 702. Revision of authority for sole source contracts with designated providers.

Subtitle C of title VII of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2586 et seq.) is amended—

(1) in section 721—

(A) by amending paragraph (7) to read as follows:

“(7) The term ‘health care services’ means the health care services referred to in section 723(a).”; and

(B) by adding at the end the following new paragraph:

“(10) The term ‘TRICARE Select program’ means the program required by section 1075 of title 10, United States Code.”;

(2) in section 723, by amending subsections (a) and (b) to read as follows: “(a) Uniform benefit required.—A designated provider shall offer to enrollees a uniform benefit that— “(1) covers the services covered under the programs authorized by sections 1074g, 1075, and 1086(d) of title 10, United States Code, and parts A and B of the Medicare program; and

“(2) does not exceed the accompanying enrollment fee and cost-sharing requirements, except that the benefit may include a special rule for amounts without referrals comparable to that under section 1075a(c) of title 10, United States Code.

“(b) Time for implementation of benefit.—A designated provider shall offer the health benefit option described in subsection (a) to enrollees beginning on January 1, 2020.”;

(3) in section 724, by striking subsection (g); and

(4) in section 726(b), by striking “TRICARE program” and inserting “TRICARE Select program”.

SEC. 703. Five-year extension of authority to continue the DOD–VA health care incentive fund.

Section 8111(d)(3) of title 38, United States Code, is amended by striking “September 30, 2020” and inserting, “September 30, 2025”.

SEC. 704. Clarification of Office of Special Needs policy for individualized services plans.

Section 1781c(d)(4) of title 10, United States Code, is amended by striking subparagraph (F) and inserting the following new subparagraph:

“(F) Procedures for the development of an individualized services plan for those military family members with special needs who have requested support and have a completed family needs assessment.”.

SEC. 705. Military health system fraud and abuse prevention program.

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1073d the following new section:

“§ 1073e. Health care fraud and abuse prevention

“(a) Authority.— (1) The Secretary of Defense is authorized to conduct a program to prevent and remedy fraud and abuse in health care programs of the Department of Defense, including all programs carried out under this chapter.

“(2) At the discretion of the Secretary, the program may be administered jointly by the Inspector General of the Department of Defense and the Director of the Defense Health Agency.

“(b) Civil monetary penalties.— (1) The authorities granted to the Secretary of Defense and the Inspector General of the Department of Defense under section 1128A(m) of the Social Security Act (42 U.S.C. 1320a–7a(m)) shall be available to the Secretary and the Inspector General in carrying out the program authorized by subsection (a).

“(2) Except to the extent inconsistent with this section, the provisions of such section 1128A apply to civil monetary penalties under this subsection.

“(c) Treatment of amounts collected.— (1) Amounts collected under subsection (b) shall be credited to appropriations currently available at the time of collection for expenses of the affected Department of Defense health care program.

“(2) Any such amounts may be used to support the administration of the program authorized by subsection (a), including support for interagency agreements entered into under subsection (d).

“(3) The authority provided under this subsection shall be in addition to the authority provided under section 1079a of this title.

“(d) Interagency agreements.—The Secretary of Defense is authorized to enter into agreements with the Secretary of Health and Human Services, the Attorney General, and heads of other Federal agencies for the effective and efficient implementation of the program authorized by subsection (a).

“(e) Rule of construction.—Nothing in this section may be construed as limiting any authority of the Inspector General of the Department of Defense under any other provision of law.

“(f) Definitions.—In this section:

“(1) The term ‘fraud and abuse’ means any conduct for which a civil monetary penalty may be assessed under subsection (b).

“(2) The term ‘Defense Health Agency’ means the organizational entity established by the Secretary of Defense under section 191 of this title for the administration of programs under this chapter.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1073d the following new item:



“1073e. Health care fraud and abuse prevention.”.

SEC. 706. Extension and clarification of authority for the joint Department of Defense–Department of Veterans Affairs medical facility demonstration project.

Title XVII of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2567) is amended—

(1) in section 1701(a)—

(A) by striking “Subject to subsection (b), the” and inserting “The”;

(B) by striking subsection (b); and

(C) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively;

(2) in section 1702(a)(1), by striking “hereafter in this title” and inserting “hereafter in this section”;

(3) in subsections (a) and (c) of section 1703, by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center”;

(4) in section 1704—

(A) in subsections (a)(3), (a)(4)(A) and (b)(1), by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center”; and

(B) in subsection (e), as amended by section 722 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3417), section 723 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 869), section 741 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 129 Stat. 2237), section 719 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1283), and section 731 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) by striking “September 30, 2020” and inserting “September 30, 2023”; and

(5) in section 1705—

(A) in subsection (a), by striking “the facility” and inserting “the James A. Lovell Federal Health Care Center (hereafter in this section referred to as the ‘JALFHCC’)”;

(B) in the matter preceding paragraph (1) of subsection (b), by striking “the facility” and inserting “the JALFHCC”; and

(C) in subsection (c)—

(i) by striking “the facility” each place it appears and inserting “the JALFHCC”; and

(ii) by adding at the end the following new paragraph:

“(4) To permit the JALFHCC to enter into personal services contracts to carry out health care responsibilities in the JALFHCC to the same extent and subject to the same conditions and limitations as apply under section 1091 of title 10, United States Code, to the Secretary of Defense in relation to health care responsibilities in medical treatment facilities of the Department of Defense.”.

SEC. 707. Strengthening the Department of Defense Academic Health System in the National Capital Region.

(a) In general.—Chapter 104 of title 10, United States Code, is amended by inserting after section 2113a the following new section:

“§ 2113b. Department of Defense Academic Health System

“(a) In general.—The Secretary of Defense may establish an Academic Health System to integrate the health care, health professions education, and health research activities of the Military Health System in the National Capital Region.

“(b) Leadership.—The Secretary may, under the authority of this chapter, appoint employees to leadership positions in the Academic Health System. Such positions may include responsibilities for management of the health care, health professions education, and health research activities of the Military Health System in the National Capital Region. Such positions are in addition to similar leadership positions for members of the Armed Forces.

“(c) Administration.—The Secretary may use other authorities under this chapter for the administration of the Academic Health System authorized by this section.

“(d) National Capital Region defined.—In this section, the term ‘National Capital Region’ means the area, or portion thereof, as determined by the Secretary, in the vicinity of Washington, DC.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 104 of such title is amended by inserting after the item relating to section 2113a the following new item:



“2113b. Department of Defense Academic Health System.”.

SEC. 708. Endowments at the Uniformed Services University of the Health Sciences.

Section 2113(g)(1) of title 10, United States Code, is amended—

(1) in subparagraph (E), by striking “and” at the end;

(2) by redesignating subparagraph (F) as subparagraph (G); and

(3) by inserting after subparagraph (E) the following new subparagraph:

“(F) to establish endowments, under agreement with the Henry M. Jackson Foundation for the Advancement of Military Medicine, including with funding from gifts and bequests received under this section or royalties received under chapter 63 of title 15, to carry out medical research, medical consultation, and medical education, with such endowment funds available to the University until expended; and”.

SEC. 709. Authority to plan, design, and construct, or lease, shared medical facilities with Department of Veterans Affairs.

(a) In general.—Chapter 55 of title 10, United States Code, is amended by inserting after section 1104 the following new section:

“§ 1104a. Shared medical facilities with Department of Veterans Affairs

“(a) Agreements.—The Secretary of Defense may enter into agreements with the Secretary of Veterans Affairs for the planning, design, and construction, or the leasing, of facilities to be operated as shared medical facilities.

“(b) Transfer of funds by Secretary of Defense.— (1) The Secretary of Defense may transfer to the Secretary of Veterans Affairs amounts as follows:

“(A) Amounts, not in excess of the amount authorized by law for an unspecified minor military construction project, for the construction of a shared medical facility if—

“(i) the amount of the share of the Department of Defense for the estimated cost of the project does not exceed the amount authorized under section 2805(a)(2) of this title; and

“(ii) the other requirements of such section have been met with respect to funds identified for transfer.

“(B) Amounts appropriated for the Defense Health Program for the purpose of the planning, design, and construction, or the leasing of space, for a shared medical facility.

“(2) The authority to transfer funds under this section is in addition to any other authority to transfer funds available to the Secretary of Defense.

“(3) Section 2215 of this title does not apply to a transfer of funds under this subsection.

“(c) Transfer of funds to Secretary of Defense.— (1) Any amount transferred under title 38 to the Secretary of Defense by the Secretary of Veterans Affairs for necessary expenses for the planning, design, and construction of a shared medical facility, where the amount of the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title, may be credited to accounts of the Department of Defense available for the construction of a shared medical facility.

“(2) Amounts transferred under title 38 to the Secretary of Defense by the Secretary of Veterans Affairs for the purpose of the planning and design, or the leasing of space, for a shared medical facility may be credited to accounts of the Department of Defense available for such purposes, and may be used for such purposes.

“(3) Using accounts credited with transfers from the Secretary of Veterans Affairs under paragraph (1), the Secretary of Defense may carry out unspecified minor military construction projects, if the share of the Department of Defense for the cost of such project does not exceed the amount specified in section 2805(a)(2) of this title.

“(d) Merger of amounts transferred.—Any amount transferred to the Secretary of Veterans Affairs pursuant to subsection (b), and any amount transferred to the Secretary of Defense as described in subsection (c), shall be merged with, and be available for the same purposes and the same time period as, the appropriation or fund to which transferred.

“(e) Shared medical facility defined.—In this section, the term ‘shared medical facility’ means a building or buildings, or a campus, intended to be used by both the Department of Defense and the Department of Veterans Affairs for the provision of health-care services, whether under the jurisdiction of the Secretary of Defense or the Secretary of Veterans Affairs, and whether or not located on a military installation or on real property under the jurisdiction of the Secretary of Veterans Affairs. Such term includes any necessary building and auxiliary structure, garage, parking facility, mechanical equipment, abutting sidewalks, and accommodations for attending personnel.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1104 the following new item:



“1104a. Shared medical facilities with Department of Veterans Affairs.”.

SEC. 710. TRICARE payment options for retirees.

(a) In general.—Section 1099 of title 10, United States Code, is amended—

(1) by amending the section designation and heading to read as follows:

“§ 1099. Health care enrollment system and payment options”;

(2) by redesignating subsection (d) as subsection (e); and

(3) by inserting after subsection (c) the following new subsection: “(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 premiums charged for the coverage under this chapter. “(2) To the maximum extent practicable, the premiums shall be withheld from the retired, retainer, or equivalent pay of the member, former member, or dependent. In all other cases, the premiums shall be paid in a frequency and method determined by the Secretary.”.

(b) Conforming amendments.—Section 1097a of title 10, United States Code, is amended—

(1) in the section heading, by striking “; payment options”;

(2) by striking subsection (c); and

(3) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

(c) Clerical amendments.—The table of sections at the beginning of chapter 55 of such title is amended—

(1) by striking the item relating to section 1097 and inserting the following new item:

“1097a. TRICARE Prime: automatic enrollments.”;

and

(2) by striking the item relating to section 1099 and inserting the following new item:

“1099. Health care enrollment system and payment options.”.

SEC. 711. Modification of eligibility for TRICARE Reserve Select and TRICARE Retired Reserve of certain members of the reserve components.

(a) TRICARE Reserve Select.—Section 1076d(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “(1) Except as provided in paragraph (2), a member” and inserting “A member”; and

(2) by striking paragraph (2).

(b) TRICARE Retired Reserve.—Section 1076e(a) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “(1) Except as provided in paragraph (2), a member” and inserting “A member”; and

(2) by striking paragraph (2).

SEC. 801. Senior Military Acquisition Advisor eligibility.

Section 1725(d)(2) of title 10, United States Code, is amended in the second sentence by striking “30 years” and inserting “26 years”.

SEC. 802. Reestablishment of authority for Joint Urgent Operational Needs Fund.

Section 2216a(e) of title 10, United States Code, is amended by striking “September 30, 2018” and inserting “September 30, 2025”.

SEC. 803. Authority for life-of-type buys to prevent materiel shortages associated with diminishing manufacturing sources and obsolescence.

(a) Authorization.—Chapter 141 of title 10, United States Code, is amended by inserting before section 2389 the following new section:

“§ 2388. Life-of-type buys

“(a) Authorization.—Notwithstanding section 1502 of title 31, the Secretary of Defense may authorize the use of life-of-type buys to prevent weapon systems materiel shortages associated with diminishing manufacturing sources and obsolescence in such quantities that do not exceed the quantity reasonably expected to be required by the Department of Defense before a replacement item is identified.

“(b) Guidance.—The Secretary shall issue guidance, as necessary, to ensure appropriate use of the authorization in this section. The guidance, at a minimum, shall require the Department—

“(1) to establish that either the original manufacturer and all alternative sources intend to stop production on repair parts that are used on Government weapon systems, or all commercial sources are expected to stop production on commercial items that use older technology and are expected to become obsolete;

“(2) to perform an analysis of alternatives before buying spares for more than two years; and

“(3) to require approval of the Secretary (without redelegation) if the procurement is to cover requirements for a period exceeding seven years.

“(c) Life-of-Type buy defined.—In this section, the term ‘life-of-type buy’ means a one-time procurement for the total future requirement of an item that the Secretary determines is no longer expected to be produced.”.

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2389 the following new item:



“2388. Life-of-type buys.”.

SEC. 811. Use of technical data during challenges.

Section 2321(i) of title 10, United States Code, is amended—

(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and

(2) by striking paragraph (1) and adding at the end the following new paragraphs:

“(1) (A) Upon issuance of a decision by a contracting officer under subsection (g) that an asserted use or release restriction is not justified, the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor or subcontractor, authorize release, disclosure, or use of the technical data in dispute if the Secretary of Defense or the Secretary of a military department, respectively, determines in writing that it is in the national security interests of the United States to authorize such release, disclosure, or use before— “(i) the filing of an appeal with the agency Board of Contract Appeals; “(ii) the provision to the contracting officer of a written notice of intent to file suit in the United States Court of Federal Claims; “(iii) the filing of a suit in the United States Court of Federal Claims; or “(iv) the final decision by the agency Board of Contract Appeals or the United States Court of Federal Claims. “(B) The authority in subparagraph (A) may be delegated only to the senior procurement executive of the agency designated pursuant to section 1702(c) of title 41. “(C) A determination under subparagraph (A) shall not affect the right of a contractor or subcontractor to damages against the United States where an asserted use or release restriction is sustained or to pursue other relief, if any, as may be provided by law. “(2) If a contractor or subcontractor does not, not later than 90 days after the issuance of a decision under subsection (g), appeal to an agency Board of Contract Appeals, provide notice to the contracting officer of intent to file suit in the United States Court of Federal Claims, or file suit in the United States Court of Federal Claims pursuant to chapter 71 of title 41, the United States may cancel or ignore the asserted use or release restriction and the contractor or subcontractor shall be deemed to have agreed to such action by the United States.”.

SEC. 812. Codification and permanent authorization of the Mentor-Protégé Program.

(a) Codification.—Chapter 137 of title 10, United States Code, is amended by adding at the end a new section 2339a consisting of—

(1) a heading as follows:

“§ 2339a. Mentor-Protégé Program”;

and

(2) the text of subsections (a) through (n) of section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note).

(b) Permanent authorization.—Section 2339a of title 10, United States Code, as added by subsection (a) of this section, is amended—

(1) in subsection (a)—

(A) in the heading, by striking “pilot”; and

(B) by striking “pilot program” and inserting “program”;

(2) in subsection (c)(1), by striking “pilot” each place it appears;

(3) by striking subsection (j);

(4) by redesignating subsections (k) through (n) as subsections (j) through (m), respectively;

(5) in subsection (j) (as so redesignated)—

(A) by striking “pilot” each place it appears; and

(B) by striking the third and fourth sentences; and

(6) in subsection (m) (as so redesignated), by striking “has less than half” in paragraph (2) and inserting “is not more than”.

(c) Table of sections amendment.—The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by adding at the end the following new item:



“2339a. Mentor-Protégé Program.”.

(d) Repeal of existing provision.—Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note) is hereby repealed.

(e) Applicability of existing regulations.—Regulations prescribed by the Secretary of Defense under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note), as in effect the day before the date of the enactment of this Act, shall continue to apply to section 2339a of title 10, United States Code, as added by subsection (a) of this section, until such time as the Secretary of Defense prescribes regulations under such section 2339a.

SEC. 813. Removal of prohibition on delegation of determinations for improved conventional defense capabilities in cooperative research and development agreem