National Defense Authorization Act for Fiscal Year 2020

II 116TH CONGRESS 1ST SESSION 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 APRIL 11, 2019 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Defense Au- 4 thorization Act for Fiscal Year 2020’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 2 •S 1215 IS DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Army. Sec. 102. Navy and Marine Corps. Sec. 103. Air Force. Sec. 104. Defense-wide activities. Sec. 105. Defense Production Act purchases. Subtitle B—Defense-Wide, Joint, and Multiservice Matters Sec. 111. Economic order quantity contracting authority F–35 joint strike fighter program. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 201. Authorization of appropriations. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Operation and maintenance funding. Subtitle B—Energy and Environment Sec. 311. Expediting Federal agency environmental reviews. Sec. 312. Native American lands environmental mitigation program. Sec. 313. Inclusion of over-the-horizon radars in early outreach procedures and voluntary contributions. Subtitle C—Logistics and Sustainment Sec. 321. Inclusion of product support providers in public-private partnerships with respect to Centers of Industrial and Technical Excellence. Sec. 322. Inclusion of depot services as eligible for sales by industrial facilities. Sec. 323. Logistics support and services for weapon systems contractors. Subtitle D—Other Matters Sec. 331. Updating and modernizing the Department of Defense explosives safety board. Sec. 332. Officers authorized to command Army dental units. Sec. 333. Expanded transfer and adoption of military animals. Sec. 334. Repeal of statutory requirement for Commander of the Defense Lo- gistics Agency to be notified three years prior to implementing changes to any uniform or uniform component. Sec. 335. Transition from service-specific Defense Readiness Reporting Sys- tems. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle A—Active Forces Sec. 401. End strengths for active forces. Subtitle B—Reserve Forces VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 3 •S 1215 IS Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Authorized strengths for Marine Corps Reserves on active duty. Sec. 416. Authorized strength: exclusion of certain reserve component general and flag officers on active duty. Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. Subtitle D—Other Matters Sec. 431. Authorities of Secretary of Defense and Service Secretaries to vary personnel end strengths. TITLE V—MILITARY PERSONNEL POLICY Subtitle A—Officer Personnel Policy Sec. 501. Revision to management policies for joint qualified officers. Sec. 502. Repeal of report on end-of-quarter strength levels. Sec. 503. Original appointment authority. Subtitle B—Reserve Component Management Sec. 511. Repeal of requirement for review of certain Army reserve officer unit vacancy promotions by commanders of associated active duty units. Subtitle C—General Service Authorities and Correction Military Records Sec. 521. Reduction in required number of members of discharge review boards. Sec. 522. Privacy Act exclusion for courts-martial to allow for public access to dockets, filings, and court records. Subtitle D—Military Justice Sec. 531. Revisions to requirements relating to Department of Defense policy on evidence retention to reflect the length of time a sexual as- sault forensic examination (SAFE) kit must be retained. Sec. 532. Command influence under the Uniform Code of Military Justice. Subtitle E—Member Education, Training, Resilience, and Transition Sec. 541. Enhancing joint professional military education. Sec. 542. Eligibility of additional enlisted members for associate degree pro- grams of the Community College of the Air Force. Sec. 543. Degree granting authority for United States Army Armament Grad- uate School. Sec. 544. Authority for the military departments’ accredited institutions to ac- cept research grants. Sec. 545. Preparation of budget requests for operation of professional military education schools. Subtitle F—Decorations and Awards VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 4 •S 1215 IS Sec. 551. Expansion of Gold Star Lapel Button eligibility to stepbrothers and stepsisters. Sec. 552. Authority to award or present a decoration following a congression- ally requested review. Subtitle G—Other Matters Sec. 561. Expansion of personal property tax relief for servicemembers. Sec. 562. Clarification regarding military orders required for termination of leases pursuant to the Servicemembers Civil Relief Act. Sec. 563. Clarification of requirements for residence and domicile tax relief under the Servicemembers Civil Relief Act. Sec. 564. Determination of residence or domicile for tax purposes of spouses of military personnel. Sec. 565. Extension of protections for servicemembers against default judg- ments. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Sec. 601. Inclusion of active duty service for a preplanned mission as eligible service for reduction of eligibility age for a non-regular retire- ment. 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. Sec. 603. Authority for payment of death gratuity to trusts. Sec. 604. Payment of transitional compensation for certain dependents. Sec. 605. Treatment of commissary user fees. Sec. 606. One-year extension of certain expiring bonus and special pay authori- ties. TITLE VII—HEALTH CARE PROVISIONS Sec. 701. Reauthorization of demonstration project for health care coverage through the Federal Employees Health Benefits Program. Sec. 702. Revision of authority for sole source contracts with designated pro- viders. Sec. 703. Five-year extension of authority to continue the DOD–VA health care incentive fund. Sec. 704. Clarification of Office of Special Needs policy for individualized serv- ices plans. Sec. 705. Military health system fraud and abuse prevention program. Sec. 706. Extension and clarification of authority for the joint Department of Defense–Department of Veterans Affairs medical facility dem- onstration project. Sec. 707. Strengthening the Department of Defense Academic Health System in the National Capital Region. Sec. 708. Endowments at the Uniformed Services University of the Health Sciences. Sec. 709. Authority to plan, design, and construct, or lease, shared medical fa- cilities with Department of Veterans Affairs. Sec. 710. TRICARE payment options for retirees. Sec. 711. Modification of eligibility for TRICARE Reserve Select and TRICARE Retired Reserve of certain members of the reserve components. VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 5 •S 1215 IS TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Subtitle A—Acquisition Policy and Management Sec. 801. Senior Military Acquisition Advisor eligibility. Sec. 802. Reestablishment of authority for Joint Urgent Operational Needs Fund. Sec. 803. Authority for life-of-type buys to prevent materiel shortages associ- ated with diminishing manufacturing sources and obsolescence. Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations Sec. 811. Use of technical data during challenges. Sec. 812. Codification and permanent authorization of the Mentor-Prote´ge´ Pro- gram. Sec. 813. Removal of prohibition on delegation of determinations for improved conventional defense capabilities in cooperative research and development agreements. Sec. 814. Authority to cease selected acquisition reporting on certain major de- fense acquisition programs. Sec. 815. Pilot program to accelerate contracting and pricing processes. Sec. 816. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. Sec. 817. Extension and revision of direct hire authority for technical experts into the defense acquisition workforce. Sec. 818. Amendments to research project transaction authorities to eliminate cost-sharing requirements and reduce burdens on use. Sec. 819. Defense Modernization Account. Subtitle C—Matters Relating to Small Business Sec. 821. Change of basis for calculating required expenditure amount for SBIR and STTR. Sec. 822. Phase flexibility permanency for Small Business Innovation Research and Small Business Technology Transfer programs. Sec. 823. Permanency of administrative funds pilot program. Sec. 824. Clarification of eligibility for sequential phase II awards. Sec. 825. Partnership intermediary pilot program. Subtitle D—Other Matters Sec. 831. Timeliness rules for filing bid protests at the United States Court of Federal Claims. Sec. 832. Removing barriers to, and extension of, the Defense Production Act. Sec. 833. Authority to enter into contracts for contracted adversary air and contracted close air support. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Sec. 901. Update of authorities relating to nuclear command, control, and com- munications. Sec. 902. Codification and permanent extension of Government lodging pro- gram. TITLE X—GENERAL PROVISIONS VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 6 •S 1215 IS Sec. 1001. Refueling and complex overhaul of USS John C. Stennis. Sec. 1002. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained. Sec. 1003. Ensuring operational readiness of littoral combat ships on extended deployments. Sec. 1004. Regulation of discharges incidental to the normal operations of a vessel of the Armed Forces under the Federal Water Pollution Control Act. Sec. 1005. Providing protection to the National Museum of the Marine Corps and the National Museum of the United States Army. Sec. 1006. Revisions to working-capital funds statute. Sec. 1007. Access to and use of military postal service by U.S. citizens em- ployed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces of the United States. Sec. 1008. Permanent authority of Secretary of Transportation to issue non- premium aviation insurance. Sec. 1009. Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services pro- vided to certain non-Department of Defense entities. Sec. 1010. Increase of minimum dollar threshold for Department of Defense in- terest penalty payments. Sec. 1011. Technical and grammatical corrections and repeal of obsolete provi- sions relating to energy. Sec. 1012. Inclusion of veterans on temporary disability or permanent disabled retirement lists in military adaptive sports programs. Sec. 1013. Revision to authorities relating to mail service for members of the Armed Forces and Department of Defense civilians overseas. Sec. 1014. Clarification of inspector general authorities concerning overseas contingency operations. Sec. 1015. Licensure requirements for Department of Defense veterinary pro- fessionals: emergencies and disasters. Sec. 1016. Elimination of requirement to submit reports to Congress in paper format. Sec. 1017. Clarification of the authority of military commissions established under chapter 47A to punish contempt. Sec. 1018. Tariffs on aircraft traveling through channel routes. Sec. 1019. Transfer of administrative jurisdiction and control over public lands located in Arlington, Virginia. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1101. Enhancement of capabilities to manage civilian faculty at Army and Navy educational institutions. Sec. 1102. Employment authority for civilian faculty at certain military depart- ment schools. Sec. 1103. One-year extension of authority to waive annual limitation on pre- mium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1104. One-year extension of temporary authority to grant allowances, ben- efits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1105. Revision to certain overseas contingency operations-related inspector general authorities: hiring authorities. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS VerDate Sep 11 2014 02:25 May 10, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S1215.IS S1215 pbinns on DSK79D2C42PROD with BILLS 7 •S 1215 IS Sec. 1201. Extension of cross-servicing agreements for loan of personnel protec- tion and survivability equipment in coalition operations. Sec. 1202. Extension of Commanders’ Emergency Response Program. Sec. 1203. Authority to reimburse National Guard and reserve salaries for cer- tain activities in support of the Department of State. Sec. 1204. Department of Defense support to stabilization activities in the na- tional security interest of the United States. Sec. 1205. Extension of authority for support of special operations for irregular warfare. Sec. 1206. Extension of authority for reimbursement of certain coalition na- tions for support provided to United States military operat [Text truncated for display. Full text available on Congress.gov.]