Essential National Security Authorities Act for Fiscal Year 2020

II Calendar No. 305 116TH CONGRESS 1ST SESSION S. 2840 To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, and for other purposes. IN THE SENATE OF THE UNITED STATES NOVEMBER 12, 2019 Mr. INHOFE introduced the following bill; which was read the first time NOVEMBER 13, 2019 Read the second time and placed on the calendar A BILL To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Depart- ment of Energy, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Essential National Security Authorities Act for Fiscal 5 Year 2020’’. 6 VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 2 •S 2840 PCS (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Congressional defense committees. DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS TITLE I—PROCUREMENT Subtitle A—Authorization of Appropriations Sec. 101. Authorization of appropriations. Subtitle E—Defense-wide, Joint, and Multiservice Matters Sec. 153. Economic order quantity contracting authority for F–35 Joint Strike Fighter program. TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Subtitle A—Authorization of Appropriations Sec. 201. Authorization of appropriations. Subtitle B—Program Requirements, Restrictions, and Limitations Sec. 212. Temporary inclusion of Joint Artificial Intelligence Center of the De- partment of Defense in personnel management authority to at- tract experts in science and engineering. TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle C—Logistics and Sustainment Sec. 332. Modification to limitation on length of overseas forward deployment of naval vessels. Subtitle E—Other Matters Sec. 352. 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. TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS Subtitle C—Authorization of Appropriations Sec. 421. Military personnel. TITLE V—MILITARY PERSONNEL POLICY Sec. 572. Impact aid for children with severe disabilities. TITLE VI—COMPENSATION AND PERSONNEL BENEFITS VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 3 •S 2840 PCS Subtitle B—Bonuses and Special and Incentive Pays Sec. 611. One-year extension of certain expiring bonus and special pay authori- ties. TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS Sec. 804. Extension of authority to acquire products and services produced in countries along a major route of supply to Afghanistan. TITLE X—GENERAL PROVISIONS Subtitle A—Financial Matters Sec. 1001. General transfer authority. Subtitle C—Naval Vessels and Shipyards Sec. 1018. Permanent authority for sustaining operational readiness of Littoral Combat Ships on extended deployment. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1042. Extension of National Security Commission on Artificial Intel- ligence. Subtitle H—Other Matters Sec. 1084. National Commission on Military Aviation Safety. TITLE XI—CIVILIAN PERSONNEL MATTERS Sec. 1103. One-year extension of temporary authority to grant allowances, ben- efits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1104. 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. 1105. Defense Advanced Research Projects Agency personnel management authority. TITLE XII—MATTERS RELATING TO FOREIGN NATIONS Subtitle A—Assistance and Training Sec. 1202. Extension of authority for cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1203. Two-year extension of program authority for Global Security Contin- gency Fund. Subtitle B—Matters Relating to Afghanistan and Pakistan Sec. 1211. Extension of Commanders’ Emergency Response Program. Sec. 1212. Afghanistan Security Forces Fund. Sec. 1214. Extension and modification of reimbursement of certain coalition nations for support provided to United States military oper- ations. VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 4 •S 2840 PCS Subtitle C—Matters Relating to Syria, Iraq, and Iran Sec. 1221. Extension of authority to provide assistance to the vetted Syrian op- position. Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq. Subtitle D—Other Matters Sec. 1231. North Atlantic Treaty Organization Joint Force Command. TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations. Sec. 1302. Specification of cooperative threat reduction funds. TITLE XIV—OTHER AUTHORIZATIONS Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle C—Armed Forces Retirement Home Sec. 1421. Authorization of appropriations for Armed Forces Retirement Home. Subtitle D—Other Matters Sec. 1431. Authority for transfer of funds to joint Department of Defense-De- partment of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illi- nois. TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS CONTINGENCY OPERATIONS Subtitle A—Authorization of Additional Appropriations Sec. 1501. Purpose. Sec. 1502. Overseas contingency operations. Sec. 1503. Procurement. Sec. 1504. Research, development, test, and evaluation. Sec. 1505. Operation and maintenance. Sec. 1506. Military personnel. Sec. 1507. Working capital funds. Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1509. Defense Inspector General. Sec. 1510. Defense Health Program. Subtitle B—Financial Matters Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority. VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 5 •S 2840 PCS Subtitle C—Other Matters Sec. 1531. Interdiction of improvised explosive device precursor chemicals. TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS Sec. 1627. Authority to use operation and maintenance funds for cyber oper- ations-peculiar capability development projects. Sec. 1639. Extension of authorities for Cyberspace Solarium Commission. DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—ARMY MILITARY CONSTRUCTION Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. Modification of authority to carry out certain fiscal year 2019 project. TITLE XXII—NAVY MILITARY CONSTRUCTION Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out certain fiscal year 2015 project. Sec. 2306. Modification of authority to carry out certain fiscal year 2016 project. Sec. 2307. Modification of authority to carry out certain fiscal year 2017 project. Sec. 2308. Additional authority to carry out certain fiscal year 2018 projects. Sec. 2309. Modification of authority to carry out certain fiscal year 2019 projects. TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. TITLE XXV—INTERNATIONAL PROGRAMS VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 6 •S 2840 PCS Subtitle A—North Atlantic Treaty Organization Security Investment Program Sec. 2501. Authorized NATO construction and land acquisition projects. Sec. 2502. Authorization of appropriations, NATO. Subtitle B—Host Country In-Kind Contributions Sec. 2511. Republic of Korea funded construction projects. TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES Sec. 2601. Authorized Army National Guard construction and land acquisition projects. Sec. 2602. Authorized Army Reserve construction and land acquisition projects. Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects. Sec. 2604. Authorized Air National Guard construction and land acquisition projects. Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects. Sec. 2606. Authorization of appropriations, National Guard and Reserve. TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES Sec. 2701. Authorization of appropriations for base realignment and closure ac- tivities funded through Department of Defense Base Closure Account. TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS AND EMERGENCY MILITARY CONSTRUCTION Subtitle A—Overseas Contingency Operations Military Construction Sec. 2901. Authorized Army construction and land acquisition projects. Sec. 2902. Authorized Navy construction and land acquisition projects. Sec. 2903. Authorized Air Force construction and land acquisition projects. Sec. 2904. Authorized Defense Agencies construction and land acquisition projects. Sec. 2907. Authorization of appropriations. Subtitle B—Emergency Military Construction Sec. 2911. Authorization of emergency supplemental appropriations for military construction projects. DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 7 •S 2840 PCS DIVISION D—FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. DIVISION D—FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. DIVISION D—FUNDING TABLES Sec. 4001. Authorization of amounts in funding tables. TITLE XLI—PROCUREMENT Sec. 4101. Procurement. Sec. 4102. Procurement for overseas contingency operations. TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Sec. 4201. Research, development, test, and evaluation. Sec. 4202. Research, development, test, and evaluation for overseas contingency operations. TITLE XLIII—OPERATION AND MAINTENANCE Sec. 4301. Operation and maintenance. Sec. 4302. Operation and maintenance for overseas contingency operations. TITLE XLIV—MILITARY PERSONNEL Sec. 4401. Military personnel. Sec. 4402. Military personnel for overseas contingency operations. TITLE XLV—OTHER AUTHORIZATIONS Sec. 4501. Other authorizations. Sec. 4502. Other authorizations for overseas contingency operations. TITLE XLVI—MILITARY CONSTRUCTION Sec. 4601. Military construction. Sec. 4602. Military construction for overseas contingency operations. Sec. 4603. Emergency military construction. TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Sec. 4701. Department of Energy national security programs. SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES. 1 In this Act, the term ‘‘congressional defense commit- 2 tees’’ has the meaning given that term in section 3 101(a)(16) of title 10, United States Code. 4 VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 8 •S 2840 PCS DIVISION A—DEPARTMENT OF 1 DEFENSE AUTHORIZATIONS 2 TITLE I—PROCUREMENT 3 Subtitle A—Authorization of 4 Appropriations 5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 6 Funds are hereby authorized to be appropriated for 7 fiscal year 2020 for procurement for the Army, the Navy 8 and the Marine Corps, the Air Force, and Defense-wide 9 activities, as specified in the funding table in section 4101. 10 Subtitle E—Defense-wide, Joint, 11 and Multiservice Matters 12 SEC. 153. ECONOMIC ORDER QUANTITY CONTRACTING AU- 13 THORITY FOR F–35 JOINT STRIKE FIGHTER 14 PROGRAM. 15 The Secretary of Defense is authorized to award 16 multiyear contractsfor the procurement of F-35 aircraft 17 in economic order quantities forfiscal year 2021 (Lot 15) 18 through fiscal year 2023 (Lot 17). 19 VerDate Sep 11 2014 22:07 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2840.PCS S2840 kjohnson on DSK79L0C42 with BILLS 9 •S 2840 PCS TITLE II—RESEARCH, DEVELOP- 1 MENT, TEST, AND EVALUA- 2 TION 3 Subtitle A—Authorization of 4 Appropriations 5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 6 Funds are hereby authorized to be appropriated for 7 fiscal year 2020 for the use of the Department of Defense 8 for research, development ,test, and evaluation, as speci- 9 fied in the funding table in section 4201. 10 Subtitle B—Program Require- 11 ments, Restrictions, and Limita- 12 tions 13 SEC. 212. TEMPORARY INCLUSION OF JOINT ARTIFICIAL IN- 14 TELLIGENCE CENTER OF THE DEPARTMENT 15 OF DEFENSE IN PERSONNEL MANAGEMENT 16 AUTHORITY TO ATTRACT EXPERTS IN 17 SCIENCE AND ENGINEERING. 18 (a) IN GENERAL.—Subsection (a) of section 1599h 19 of title 10, United States Code, is amended by adding at 20 the end the following new paragraph: 21 ‘‘(6) JOINT ARTIFICIAL IN [Text truncated for display. Full text available on Congress.gov.]