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

(a) Divisions.—This Act is organized into four divisions as follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security Authorizations and Other Authorizations.

(4) Division D—Funding Tables.

(b) Table of contents.—The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

Funds are hereby authorized to be appropriated for fiscal year 2020 for procurement for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4101.

Section 126(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—

(1) in the subsection heading, by striking “and CVN–80” and inserting “, CVN–80, and CVN–81”;

(2) in paragraph (1), by striking “costs described in subsection (b) for the CVN–79 and CVN–80” and inserting “cost targets for the CVN–79, the CVN–80, and the CVN–81”; and

(3) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by striking “ and the CVN–80” and inserting “, the CVN–80, and the CVN–81”

(B) in subparagraph (A), by striking “costs described in subsection (b)” and inserting “cost targets”;

(C) in subparagraph (F), by striking “costs specified in subsection (b)” and inserting “cost targets”; and

(D) in subparagraph (G), by striking “costs specified in subsection (b)” and inserting “cost targets”.

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as most recently amended by section 121(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1309), is repealed.

Before accepting delivery of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to reduce the number of operational aircraft carriers of the Navy below the number specified in section 8062(b) of title 10, United States Code.

(a) In general.—Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2020 program year, for the design and construction of the amphibious transport dock designated LPD–31.

(b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.

(c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for such later fiscal year.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for aircraft procurement, Navy, for the CH–53K King Stallion helicopter program, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Navy provides the first briefing required under subsection (b).

(b) Quarterly briefings required.—

(1) IN GENERAL.—Beginning not later than October 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Navy shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.

(2) ELEMENTS.—Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following:

(A) An overview of the program schedule.

(B) A statement of the total cost of the program as of the date of the briefing, including the costs of development, testing, and production.

(C) A comparison of the total cost of the program relative to the approved acquisition program baseline.

(D) An assessment of flight testing under the program, including identification of the number of test events have been conducted on-time in accordance with the joint integrated program schedule.

(E) An update on the correction of technical deficiencies under the program, including—

(i) identification of the technical deficiencies that have been corrected as of the date of the briefing;

(ii) identification of the technical deficiencies that have been discovered, but not corrected, as of such date;

(iii) an estimate of the total cost of correcting technical deficiencies under the program; and

(iv) an explanation of any significant deviations from the testing and program schedule that are anticipated due to the discovery and correction of technical deficiencies.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for procurement for the VH–92A helicopter, not more than 75 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committee on Armed Services of the House of Representatives the report required under subsection (b).

(b) Report required.—The Secretary of the Navy shall submit to the Committee on Armed Services of the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of—

(1) estimated effects on the manufacturing readiness level of the VH–92 program due to planned changes to the program manufacturing base;

(2) the estimated costs and assessment of cost risk to the program due to planned changes to the program manufacturing base;

(3) any estimated schedule impacts, including impacts on delivery dates for the remaining low-rate initial production lots and full rate production, resulting from changes to the manufacturing base;

(4) an assessment of the effect of changes to the manufacturing base on VH–92A sustainment; and

(5) the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy.

(a) In general.—Subject to the availability of appropriations, the Secretary of the Navy, acting through the executive agent described in subsection (e), shall seek to enter into a contract for the construction of one sealift vessel for the National Defense Reserve Fleet.

(b) Delivery date.—The contract entered into under subsection (a) shall specify a delivery date for the sealift vessel of not later than September 30, 2026.

(c) Design and construction requirements.—

(1) USE OF EXISTING DESIGN.—The design of the sealift vessel shall be based on a domestic or foreign design that exists as of the date of the enactment of this Act.

(2) COMMERCIAL STANDARDS AND PRACTICES.—Subject to paragraph (1), the sealift vessel shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(3) DOMESTIC SHIPYARD.—The sealift vessel shall be constructed in a shipyard that is located in the United States.

(d) Certificate and endorsement.—The sealift vessel shall meet the requirements necessary to receive a certificate of documentation and a coastwise endorsement under chapter 121 of tile 46, United States Code, and the Secretary of the Navy shall ensure that the completed vessel receives such a certificate and endorsement.

(e) Executive agent.—

(1) IN GENERAL.—The Secretary of the Navy shall seek to enter into a contract or other agreement with a private-sector entity under which the entity shall act as executive agent for the Secretary for purposes of the contract under subsection (a).

(2) RESPONSIBILITIES.—The executive agent described in paragraph (1) shall be responsible for—

(A) selecting a shipyard for the construction of the sealift vessel;

(B) managing and overseeing the construction of the sealift vessel; and

(C) such other matters as the Secretary of the Navy determines to be appropriate

(f) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.

(g) Sealift vessel defined.—In this section, the term “sealift vessel” means the sealift vessel constructed for the National Defense Reserve Fleet pursuant to the contract entered into under subsection (a).

(a) Report required.—No later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report on the plans of the Secretary to support and maintain aircraft assigned to Marine Corps air stations that are transitioning from the F–18 Hornet aircraft to the F–35 Lightning aircraft.

(b) Elements.—The report under subsection (a) shall include—

(1) the number and composition of squadrons assigned to each air station;

(2) the support and maintenance workforce, including uniformed military, civilian, and contract personnel; and

(3) the construction of aircraft and support facilities associated with the beddown of F–35 aircraft at each air station.

Section 141(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended—

(1) in paragraph (1), by striking “until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees”; and

(2) in paragraph (2)(A), by striking “can be returned to service” and inserting “is inducted into or maintained in type 1000 recallable storage”.

Section 146(a)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “the military type certification” and inserting “either the military type certification or a military flight release”.

(a) Designation of major subprogram.—In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate the F–15EX program as a major subprogram of the F–15 aircraft program.

(b) Limitation.—Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure an F–15EX aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the following documentation relating to the F–15EX program:

(1) A program acquisition strategy.

(2) An acquisition program baseline.

(3) A test and evaluation master plan.

(4) A life-cycle sustainment plan.

(5) A post-production fielding strategy.

(c) Exception for production of prototypes.—

(1) IN GENERAL.—Notwithstanding subsection (b), the Secretary of the Air Force may use the funds described in paragraph (2) to develop, produce, and test not more than two prototypes of the F–15EX aircraft.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following:

(A) Research and development, nonrecurring engineering.

(B) Aircraft procurement.

(d) F–15EX program defined.—In this section, the term “F–15EX program” means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code).

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to reduce the number of KC–10 aircraft in the primary mission aircraft inventory of the Air Force.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over-and-above work on the VC–25B aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that—

(1) with respect to work relating to aircraft paint scheme, interiors and livery, such work will not result in changes to the VC–25B aircraft that cause the aircraft to exceed—

(A) the specification requirements applicable to the VC–25A aircraft; or

(B) the quality or grade of the VC–25A aircraft;

(2) the livery for the VC–25B aircraft will comply with the criteria set forth in the report of the Boeing Company titled “Phase II Aircraft Livery and Paint Study Final Report” as submitted to the Federal Government in April 2017;

(3) such work is not a result of late design changes made by the Federal Government to the interior design of the VC–25B aircraft; and

(4) such work is not a result of rework that exceeds the criteria set forth in the report of the Boeing Company titled “Presidential Quality Interior Acceptance Standards Report” as submitted to the Federal Government in September 2018.

(b) Over-and-above work defined.—In this section, the term “over-and-above work” means work discovered during the course of performing overhaul, maintenance, or repair efforts that—

(1) is within the general scope of the contract pursuant to which such efforts are carried out;

(2) is not covered by a line item for the basic work under the contract; and

(3) is necessary in order to satisfactorily complete the contract.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, or prepare to retire, any RC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that—

(1) technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and

(2) the capacity and capabilities of such other technologies meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and nonkinetic operations.

(b) Exception.—The limitation in subsection (a) shall not apply to individual RC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.

(a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the aircraft fleet of the Civil Air Patrol.

(b) Elements.—The report required by subsection (a) shall include an assessment of each of the following:

(1) Whether the number of aircraft, types of aircraft, and operating locations that comprise the Civil Air Patrol fleet are suitable for the missions and responsibilities assigned to the Civil Air Patrol, including—

(A) flight proficiency and training;

(B) operational mission training; and

(C) support for cadet orientation and cadet flight training programs in the Civil Air Patrol wing of each State.

(2) The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size.

(3) The process used by the Civil Air Patrol and the Air Force to determine the number and location of aircraft operating locations and whether State Civil Air Patrol wing commanders are appropriately involved in that process.

(4) The process used by the Civil Air Patrol, the Air Force, and other relevant entities to determine the type and number of aircraft that are needed to support the emergency, operational, and training missions of the Civil Air Patrol.

(a) Increase for RC–135.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, other aircraft, RC–135, line 055 is hereby increased by $171,000,000.

(b) Increase for DARP RC–135.—Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for other procurement, Air Force, special support projects, DARP RC135, line 063 is hereby increased by $29,000,000.

(c) Offsets.—

(1) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Defense Contract Management Agency, line 200 is hereby reduced by $25,000,000.

(2) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in section 4301, for operation and maintenance, Defense-wide, admin & servicewide activities, Office of the Secretary of Defense, line 460 is hereby reduced by $25,000,000.

(3) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Initial Spares/Repair Parts, line 069 is hereby reduced by $40,000,000.

(4) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Other Production Charges, line 088 is hereby reduced by $33,000,000.

(5) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for procurement, as specified in the corresponding funding table in section 4101, for Aircraft Procurement, Air Force, Flares, line 015 is hereby reduced by $14,000,000.

(6) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Vigilance and Combat Systems, line 130 is hereby reduced by $25,000,000.

(7) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Global Battle Management, line 133 is hereby reduced by $16,000,000.

(8) Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 201 for research, development, test, and evaluation, as specified in the corresponding funding table in section 4201, for Research, Development, Test & Evaluation, Air Force, Acq Workforce-Capability Integration, line 134 is hereby reduced by $22,000,000.

(a) Limitation of funds.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or on backup aircraft inventory status, any RC–26B aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that—

(1) technologies or platforms other than the RC–26B aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–26B aircraft; and

(2) the capacity and capabilities of such other technologies or platforms meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and non-kinetic operations.

(b) Exception.—The limitation in subsection (a) shall not apply to individual RC–26 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage.

(c) Funding for RC–26B manned intelligence, surveillance, and reconnaissance platform.—

(1) Of the amount authorized to be appropriated in section 301 for operation and maintenance, as specified in the corresponding funding table in 4301, for operation and maintenance, Air National Guard, the Secretary of the Air Force may transfer up to $15,000,000 for the purposes of the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(2) Of the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in 4401, the Secretary of the Air Force may transfer up to $16,000,000 from military personnel, Air National Guard for personnel who operate and maintain the RC–26B manned intelligence, surveillance, and reconnaissance platform.

(d) Memorandum of agreement.—Notwithstanding any other provision of law, the Chief of the National Guard Bureau may enter into one or more Memorandum of Agreement with other Federal entities for the purposes of assisting with the missions and activities of such entities.

(e) Air Force report.—Not later than 90 days after enactment of this Act, the Secretary of the Air Force shall submit to congressional defense committees a report detailing the manner in which the Secretary would provide manned and unmanned intelligence, surveillance, and reconnaissance mission support or manned and unmanned incident awareness and assessment mission support to military and non-military entities in the event the RC–26B is divested. The Secretary shall include a determination regarding whether or not this support would be commensurate with that which the RC–26B is able to provide. The Secretary, in consultation with the Chief of the National Guard Bureau shall also contact and survey the support requirements of other Federal agencies and provide an assessment for potential opportunities to enter into one or more Memorandum of Agreements with such agencies for the purposes of assisting with the missions and activities of such entities, such as domestic or, subject to legal authorities, foreign operations, including but not limited to situational awareness, damage assessment, evacuation monitoring, search and rescue, chemical, biological, radiological, and nuclear assessment, hydrographic survey, dynamic ground coordination, and cyberspace incident response.

(a) Sense of the House of Representatives.—It is the sense of the House of Representatives that—

(1) it is critical that the Air Force has the capability to train against an advanced air adversary in order to be prepared for conflicts against a modern enemy force;

(2) in order to have this capability, Air Force must have access to an advanced adversary force prior to United States adversaries fielding a 5th-generation operational capability; and

(3) the Air Force’s plan to use low-rate initial production F–35As as aggressor aircraft reflects a recognition of the need to field a modernized aggressor fleet.

(b) Report.—

(1) IN GENERAL.—No later than 6 months prior to the transfer of any low-rate initial production F–35 aircraft for use as aggressor aircraft, the Chief of Staff of the Air Force shall submit to the congressional defense committees, and the Member of Congress and the Senators who represent bases from where aircraft may be transferred, a comprehensive plan and report on the strategy for modernizing the organic aggressor fleet.

(2) ELEMENTS.—The report required under paragraph (1) shall include the following elements:

(A) Potential locations for F–35A aggressor aircraft, including an analysis of installations that—

(i) have the size and availability of airspace necessary to meet flying operations requirements;

(ii) have sufficient capacity and availability of range space;

(iii) are capable of hosting advanced-threat training exercises; and

(iv) meet or require minimal addition to the environmental requirements associated with the basing action.

(B) An analysis of the potential cost and benefits of expanding aggressor squadrons currently operating 18 Primary Assigned Aircraft (PAA) to a level of 24 PAA each.

(C) An analysis of the cost and timelines associated with modernizing the current Air Force aggressor squadrons to include upgrading aircraft’s radar, infrared search-and-track systems, radar warning receiver, tactical datalink, threat-representative jamming pods, and other upgrades necessary to provide a realistic advanced adversary threat.

(D) Any costs associated with moving the aircraft.

(E) Any jobs on the relevant military installation that may be affected by said changes.

(a) In general.—The Secretary of the Air Force shall ensure that any Request for Proposals for the procurement of an OC–135B aircraft under the Open Skies Treaty aircraft recapitalization program meets the requirements for full and open competition as set forth in section 2304 of title 10, United States Code, and incorporates a full competitive bidding process, to include both new production aircraft and recently manufactured low-hour, low-cycle aircraft

(b) Open Skies Treaty Defined.—The term “Open Skies Treaty” means the Treaty on Open Skies, done at Helsinki March 24, 1992, and entered into force January 1, 2002.

(a) Economic order quantity contract authority.—

(1) IN GENERAL.—Subject to paragraphs (2) through (5), from amounts made available for obligation under the F–35 aircraft program for fiscal year 2020, 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 has 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, 2022, and 2023.

(2) LIMITATION.—The total amount obligated under all contracts entered into under paragraph (1) shall not exceed $574,000,000.

(3) PRELIMINARY FINDINGS.—Before entering into a contract under paragraph (1), the Secretary of Defense shall make each of the following findings with respect to such contract:

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

(B) The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.

(C) There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation.

(D) That there is a stable, certified, and qualified design for the property to be procured and that the technical risks and redesign risks associated with such property are low.

(E) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.

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

(4) CERTIFICATION REQUIREMENT.—Except as provided in paragraph (5), the Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:

(A) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic.

(B) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation.

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

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

(E) The Secretary has determined that each of the conditions described in subparagraphs (A) through (F) of paragraph (3) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(F) The determination under subparagraph (E) 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 of title 10, United States Code, and the analysis supports that determination.

(5) EXCEPTION.—Notwithstanding paragraph (4), the Secretary of Defense may enter into a contract under paragraph (1) on or after March 1, 2020, if—

(A) the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under paragraph (3) with respect to the contract;

(B) the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in subparagraphs (A) through (E) of paragraph (4) is satisfied; and

(C) a period of 30 days has elapsed following the date on which the Secretary submits the certification under subparagraph (B).

(b) Buy-to-budget acquisition.—Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.

(a) Designation of major subprogram.—In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate F–35 Block 4 as a major subprogram of the F–35 aircraft program.

(b) Cost estimates.—

(1) JOINT COST ESTIMATE.—The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program.

(2) INDEPENDENT COST ESTIMATE.—The Director of Cost Assessment and Program Evaluation shall develop an independent cost estimate for the life-cycle costs of the F–35 aircraft program.

(3) SUBMITTAL TO CONGRESS.—The cost estimates required under paragraphs (1) and (2) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

(c) Revision of program elements.—

(1) REVISION REQUIRED.—The Secretary of Defense shall revise the program elements applicable to the F–35 aircraft program as follows:

(A) RESEARCH AND DEVELOPMENT.—The program element for research and development costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i) System development and demonstration closeout.

(ii) F–35 Block 4.

(iii) Autonomic logistics information system development and upgrades.

(iv) Dual-capable aircraft.

(v) Test infrastructure.

(vi) Additional program budget elements, as required, for each modernization or upgrade effort initiated after F–35 Block 4.

(B) PROCUREMENT.—The program element for procurement costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i) Recurring fly-away and ancillary equipment.

(ii) Non-recurring fly-away and ancillary equipment.

(iii) F–35 Block 4.

(iv) Autonomic logistics information system.

(v) Dual-capable aircraft.

(vi) Engineering support.

(vii) Aircraft retrofit and modification.

(viii) Depot activation.

(ix) Initial spares.

(x) Production support.

(2) INCLUSION IN BUDGET MATERIALS.—The Secretary of Defense shall ensure that each revised program element described in paragraph (1) is included, with a specific dollar amount, in the materials relating to the F–35 aircraft program submitted to Congress by the Secretary of Defense in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for fiscal year 2021 and each fiscal year thereafter until the date on which the F–35 aircraft program terminates.

(d) Comptroller General reports.—

(1) ANNUAL REPORT REQUIRED.—Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comptroller General of the United States shall submit to the congressional defense committees a report on the F–35 aircraft program.

(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following:

(A) An assessment of the progress of manufacturing processes improvement under the program.

(B) The business case analysis of the Department of Defense for F–35 Block 4 follow-on modernization efforts.

(C) The progress and results of F–35 Block 4 and other follow-on modernization development and testing efforts.

(D) The Department's schedule for delivering software upgrades in six-month, scheduled increments.

(E) The progress and results of any other significant hardware development and fielding efforts necessary for F–35 Block 4.

(F) Any other issues the Comptroller General determines to be appropriate.

(e) F–35 Block 4 defined.—In this section, the term “F–35 Block 4” means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code.

(a) Report on F–35 reliability and maintainability metrics.—The Secretary of Defense shall submit to the congressional defense committees a report on the reliability and maintainability metrics for the F–35 aircraft. The report shall include the following:

(1) The results of a review and assessment, conducted by the program office for the F–35 aircraft program, of the reliability and maintainability metrics for the aircraft as set forth in the most recent operational requirements document for the program.

(2) A determination of whether the reliability and maintainability metrics for the aircraft, as set forth in the most recent operational requirements document for the program, are feasible and attainable, and what changes, if any, will be made to update the metrics.

(3) A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft—

(A) to identify specific and measurable reliability and maintainability objectives in the improvement plan guidance; and

(B) to identify and document which projects included in the improvement plan will achieve the objectives identified under subparagraph (A).

(b) Report on F–35 Block 4.—

(1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on F–35 Block 4. The report shall include the following:

(A) The results of an independent cost estimate for F–35 Block 4 conducted by the Director of Cost Assessment and Program Evaluation.

(B) A test and evaluation master plan, approved by the Director of Operational Test and Evaluation, that addresses testing resources, testing aircraft shortfalls, and testing funding.

(C) A technology readiness assessment of all technologies and capabilities planned for F–35 Block 4 conducted by the Under Secretary of Defense for Research and Engineering.

(D) A review of the feasibility of the continuous capability development and delivery strategy for fielding F–35 Block 4 technologies conducted by the Under Secretary of Defense for Research and Engineering.

(2) F–35 BLOCK 4 DEFINED.—In this subsection, the term “F–35 Block 4” has the meaning given that term in section 132(e).

(c) Report on F–35 Autonomic Logistics Information System.—The Secretary of Defense shall submit to the congressional defense committees a report on the autonomic logistics information system of the F–35 aircraft. The report shall include a description of each of the following:

(1) All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act.

(2) The strategy and performance requirements that will be implemented to improve the system.

(3) The strategy, implementation plan, schedule, and estimated costs of developing and fielding—

(A) the next generation of the system; or

(B) future increments of the system.

(d) Deadline for submittal.—The reports required under subsections (a) through (c) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

The Secretary of Defense shall take such action as necessary to seek compensation from the contractor for costs related to the failure to deliver non-Ready-For-Issue spare parts for the F–35 aircraft program as described in described in the report titled “Audit of F–35 Ready-For-Issue Spare Parts and Sustainment Performance Incentive Fees” (DODIG–2019–094) issued by the Department of Defense Inspector General on June 13, 2019.

(a) Procurement authority for Combat Air Advisor support.—Subject to subsection (b), the Commander of the United States Special Operations Command may procure light attack aircraft for Combat Air Advisor mission support.

(b) Certification required.—The Commander of the United States Special Operations Command may not procure light attack aircraft under subsection (a) until a period of 60 days has elapsed following the date on which the Commander certifies to the congressional defense committees that a mission capability gap and special-operations-forces-peculiar acquisition requirement exists which can be mitigated with procurement of a light attack aircraft capability.

(c) Authority to use or transfer funds made available for Light Attack Aircraft experiments.—The Secretary of the Air Force shall use or transfer amounts authorized to be appropriated by this Act for Light Attack Aircraft experiments to procure the required quantity of aircraft for—

(1) Air Combat Command’s Air Ground Operations School; and

(2) Air Force Special Operations Command for Combat Air Advisor mission support in accordance with subsection (a).

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 specified in the funding table in section 4201.

(a) Program required.—Chapter 111 of title 10, United States Code, is amended by inserting after section 2192a the following new section:

(b) Clerical amendment.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192a the following new item:

“2192b. Program on enhancement of preparation of dependents of members of armed forces for careers in science, technology, engineering, and mathematics.”.

(c) Conforming repeal.—Section 233 of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 10 U.S.C. 2193a note) is repealed.

(a) In general.—Subsection (a) of section 1599h of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(6) JOINT ARTIFICIAL INTELLIGENCE CENTER.—The Director of the Joint Artificial Intelligence Center may carry out a program of personnel management authority provided in subsection (b) in order to facilitate recruitment of eminent experts in science or engineering for the Center. The authority to carry out the program under this paragraph shall terminate on December 31, 2024.”.

(b) Scope of appointment authority.—Subsection (b)(1) of such section is amended—

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

(2) in subparagraph (E), by adding “and” at the end; and

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

“(F) in the case of the Joint Artificial Intelligence Center, appoint scientists and engineers to a total of not more than 5 scientific and engineering positions in the Center;”.

(c) Extension of terms of appointment.—Subsection (c)(2) of such section is amended by striking “or the Defense Innovation Unit Experimental” and inserting “the Defense Innovation Unit Experimental, or the Joint Artificial Intelligence Center”.

Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2358 note) is amended—

(1) in subsection (a), by striking “the program required under subsection (b), and shall” and inserting “the program and activities described in subsections (d) through (g), and shall”;

(2) by redesignating subsections (b) through (e) as subsections (d) through (g), respectively;

(3) by inserting after subsection (a) the following new subsections:

“(b) Director.—There is a Director of the Office (referred to in this section as the ‘Director’). The Director shall be appointed by the Secretary of Defense and shall serve as the senior official in the Department of Defense with principal responsibility for carrying out the program and activities described in subsections (d) through (g). The Director shall report to the Assistant Director for Hypersonics within the Office of the Under Secretary of Defense for Research and Engineering.

“(c) University consortium.—

“(1) DESIGNATION.—The Director shall designate a consortium of institutions of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) to lead foundational hypersonic research in research areas that the Director determines to be appropriate for the Department of Defense.

“(2) AVAILABILITY OF INFORMATION.—The Director shall ensure that the research results and reports of the consortium are made available across the Federal Government, the private sector, and academia, consistent with appropriate security classification guidance.”;

(4) in subsection (d), by striking “The Office” and inserting “The Director”;

(5) in subsection (e), as so redesignated—

(A) in the matter preceding paragraph (1), by striking “program required by subsection (b), the Office” and inserting “program required by subsection (d), the Director”;

(B) in paragraph (3)(A), by striking “private sector” and inserting “private-sector academic”; and

(C) in paragraph (5), by striking “certified under subsection (e) as being consistent with the roadmap under subsection (d)” and inserting “certified under subsection (g) as being consistent with the roadmap under subsection (f)”;

(6) in subsection (f), as so redesignated—

(A) in paragraph (3)—

(i) in subparagraph (C)—

(I) in clause (i), by striking “and” at the end;

(II) in clause (ii), by striking the period at the end and inserting “; and”; and

(III) by adding at the end the following new clause:

“(iii) the activities and resources of the consortium designated by the Director under subsection (c) to be leveraged by the Department to meet such goals.”; and

(ii) in subparagraph (D), by striking “facilities” both places it appears and inserting “facilities and infrastructure”; and

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

“(4) SUBMITTAL TO CONGRESS.—

“(A) INITIAL SUBMISSION.—Not later than 180 days after the date of the enactment of this paragraph, the Secretary of Defense shall submit to the congressional defense committees the roadmap developed under paragraph (1).

“(B) SUBSEQUENT SUBMISSIONS.—The Secretary of Defense shall submit to the congressional defense committees each roadmap revised under paragraph (1) together with the budget submitted to Congress under section 1105 of title 31, United States Code, for the fiscal year concerned.”;

(7) in subsection (g), as so redesignated—

(A) by striking “subsection (d)” each place it appears and inserting “subsection (f)”;

(B) in paragraph (1)—

(i) in the matter preceding subparagraph (A), by striking “The Office” and insert “The Director”;

(ii) in subparagraph (A) by striking “research, development, test, and evaluation and demonstration programs within the Department of Defense” and inserting “defense-wide research, development, test, and evaluation and demonstration programs”; and

(iii) in subparagraph (B), by striking “the hypersonics” and inserting “all hypersonics”;

(C) in paragraph (2), by striking “The Office” and inserting “The Director”; and

(D) in paragraph (3), by striking “2016” and inserting “2026”; and

(8) by adding at the end the following new subsection:

“(h) Funding.—The Secretary may make available such funds to the Office for basic research, applied research, advanced technology development, prototyping, studies and analyses, and organizational support as the Secretary considers appropriate to support the efficient and effective development of hypersonics technologies and transition of those systems and technologies into acquisition programs or operational use.”.

(a) Extension of program.—Section 1603(g) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2359 note) is amended by striking “2019” and inserting “2024”.

(b) Additional improvements.—Section 1603 of such Act, as amended by subsection (a), is further amended—

(1) in the section heading, by inserting “of dual-use technology” after “commercialization”;

(2) in subsection (a)—

(A) by inserting “of Dual-Use Technology” before “Program”; and

(B) by inserting “with a focus on priority defense technology areas that attract public and private sector funding, as well as private sector investment capital, including from venture capital firms in the United States,” before “in accordance”;

(3) in subsection (c)(4)(A)(iv), by inserting “, which may include access to venture capital” after “award”;

(4) by striking subsection (d);

(5) by redesignating subsection (e) as subsection (d);

(6) by striking subsection (f); and

(7) by adding at the end the following new subsection (e):

“(e) Authorities.—In carrying out this section, the Secretary may use the following authorities:

“(1) Section 1599g of title 10 of the United States Code, relating to public-private talent exchanges.

“(2) Section 2368 of such title, relating to Centers for Science, Technology, and Engineering Partnerships.

“(3) Section 2374a of such title, relating to prizes for advanced technology achievements.

“(4) Section 2474 of such title, relating to Centers of Industrial and Technical Excellence.

“(5) Section 2521 of such title, relating to the Manufacturing Technology Program.

“(6) Section 225 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note).

“(7) Section 1711 of such Act (Public Law 115–91; 10 U.S.C. 2505 note), relating to a pilot program on strengthening manufacturing in the defense industrial base.

“(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.”.

(a) Contract authority.—The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall seek to enter into a contract with a federally funded research and development center under which the private scientific advisory group known as “JASON” will provide national security research studies to the Department of Defense.

(b) Terms of contract.—The contract entered into under subsection (a) shall be an indefinite delivery-indefinite quantity contract with terms substantially similar to the terms of the contract in effect before March 28, 2019, under which JASON provided national security research studies to the Department of Defense (solicitation number HQ0034–19–R–0011 for JASON National Security Research Studies).

(c) Termination.—The Secretary of Defense may not terminate the contract under subsection (a) until a period of 180 days has elapsed following the date on which the Secretary notifies the congressional defense committees of the intent of the Secretary to terminate the contract and receives approval for such termination from the committees.

Pursuant to section 173 of title 10, United States Code, the Secretary of Defense shall seek to engage the members of the private scientific advisory group to multiple Federal agencies known as “JASON” as advisory personnel to provide advice, on an ongoing basis, on matters involving science, technology, and national security, including methods to defeat existential and technologically-amplified threats to national security.

(a) Program authorized.—

(1) IN GENERAL.—The Secretary of Defense, in coordination with the Secretary of Homeland Security, the Secretary of Energy, and the heads of such other Federal agencies as the Secretary of Defense considers appropriate, may carry out a program on research, development, testing, evaluation, study, and demonstration of technologies related to blue carbon capture and direct air capture.

(2) PROGRAM GOALS.—The goals of the program established under paragraph (1) are as follows:

(A) To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.

(B) To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses.

(C) To develop direct air capture technologies for use—

(i) at military installations or facilities of the Department of Defense; or

(ii) in modes of transportation by the Navy or the Coast Guard.

(3) PHASES.—The program established under paragraph (1) shall be carried out in two phases as follows:

(A) The first phase may consist of research and development and shall be carried out as described in subsection (b).

(B) The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase.

(4) DESIGNATION.—The program established under paragraph (1) shall be known as the “Direct Air Capture and Blue Carbon Removal Technology Program” (in this section referred to as the “Program”).

(b) Research and development phase.—

(1) IN GENERAL.—During the research and development phase of the Program, the Secretary of Defense may conduct research and development in pursuit of the goals set forth in subsection (a)(2).

(2) DIRECT AIR CAPTURE.—The research and development phase of the Program may include, with respect to direct air capture, a front end engineering and design study that includes an evaluation of direct air capture designs to produce fuel for use—

(A) at military installations or facilities of the Department of Defense; or

(B) in modes of transportation by the Navy or the Coast Guard.

(3) DURATION.—The Secretary may carry out the research and development phase of the Program commencing not later than 90 days after the date of the enactment of this Act.

(4) GRANTS AUTHORIZED.—The Secretary may carry out the research and development phase of the Program through the award of grants to private persons and eligible laboratories.

(5) REPORT REQUIRED.—Not later than 180 days after the date of the completion of the research and development phase of the Program, the Secretary shall submit to Congress a report on the research and development carried out under the Program.

(c) Testing and evaluation phase.—

(1) IN GENERAL.—During the testing and evaluation phase of the Program, the Secretary may, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program.

(2) DIRECT AIR CAPTURE.—The testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuel for use—

(A) at military installations or facilities of the Department of Defense; or

(B) in modes of transportation by the Navy or the Coast Guard.

(3) DURATION.—Subject to subsection (a)(3)(B), the Secretary may carry out the testing and evaluation phase of the Program commencing on the date of the completion of the research and development phase described in subsection (b), except that the testing and evaluation phase of the Program with respect to direct air capture may commence at such time after a front end engineering and design study demonstrates to the Secretary that commencement of such phase is appropriate.

(4) GRANTS AUTHORIZED.—The Secretary may carry out the testing and evaluation phase of the Program through the award of grants to private persons and eligible laboratories.

(5) LOCATIONS.—The Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense.

(6) REPORT REQUIRED.—Not later than September 30, 2026, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the effectiveness of the technologies tested and evaluated under the Program.

(d) Definitions.—In this section:

(1) BLUE CARBON CAPTURE.—The term “blue carbon capture” means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems.

(2) DIRECT AIR CAPTURE.—

(A) IN GENERAL.—The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.

(B) EXCLUSION.—The term “direct air capture” does not include any facility, technology, or system that captures carbon dioxide—

(i) that is deliberately released from a naturally occurring subsurface spring; or

(ii) using natural photosynthesis.

(3) ELIGIBLE LABORATORY.—The term “eligible laboratory” means—

(A) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or

(B) the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));

(C) the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code); and

(D) other facilities that support the research development, test, and evaluation activities of the Department of Defense or Department of Energy.

(a) Program required.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a research program on foreign malign influence operations research as part of the university and other basic research programs of the Department of Defense (such as the Minerva Research Initiative).

(b) Program objectives.—The objectives of the research program shall be the following:

(1) To enhance the understanding of foreign malign influence operations, including activities conducted on social media platforms.

(2) To facilitate the compilation, analysis, and storage of publicly available or voluntarily provided indicators of foreign malign influence operations, including those appearing on social media platforms, for the purposes of additional research.

(3) To promote the development of best practices relating to tactics, techniques, procedures, and technology for the protection of the privacy of the customers and users of the social media platforms and the proprietary information of the social media companies in conducting research and analysis or compiling and storing indicators and key trends of foreign malign influence operations on social media platforms.

(4) To promote collaborative research and information exchange with other relevant entities within the Department and with other agencies relating to foreign malign influence operations.

(c) Program activities.—In order to achieve the objectives specified in subsection (b), the Secretary is authorized to carry out the following activities:

(1) The Secretary may award research grants to eligible individuals and entities on a competitive basis.

(2) The Secretary may award financial assistance to graduate students on a competitive basis.

(d) Report.—Not later than March 1, 2020, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in carrying out the research program under this section, including a description of the activities and research conducted as part of the program.

(a) F–35 sensor data.—The Secretary of Defense shall ensure that—

(1) information collected by the passive and active on-board sensors of the F–35 Joint Strike Fighter aircraft is capable of being shared, in real time, with joint service users in cases in which the Joint Force Commander determines that sharing such information would be operationally advantageous; and

(2) the Secretary has developed achievable, effective, and suitable concepts and supporting technical architectures to collect, store, manage, and disseminate information collected by such sensors.

(b) GAO study and report.—

(1) STUDY.—The Comptroller General of the United States shall conduct a study of the sensor data collection and dissemination capability of fifth generation aircraft of the Department of Defense.

(2) ELEMENTS.—The study required by paragraph (1) shall include an assessment of the following—

(A) the extent to which the Department has established doctrinal, organizational, or technological methods of managing the large amount of sensor data that is currently collected and which may be collected by existing and planned advanced fifth generation aircraft;

(B) the status of the existing sensor data collection, storage, dissemination, and management capability and capacity of fifth generation aircraft, including the F–35, the F–22, and the B–21; and

(C) the ability of the F–35 aircraft and other fifth generation aircraft to share information collected by the aircraft in real-time with other joint service users as described in subsection (a)(1).

(3) STUDY RESULTS.—

(A) INTERIM BRIEFING.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary findings of the study conducted under this subsection.

(B) FINAL RESULTS.—The Comptroller General shall provide the final results of the study conducted under this subsection to the congressional defense committees at such time and in such format as is mutually agreed upon by the committees and the Comptroller General at the time of the briefing under subparagraph (A).

(a) Documentation required.—Not later than the date specified in subsection (b), the Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the Advanced Battle Management System:

(1) A list that identifies each program, project, and activity that comprises the System.

(2) The final analysis of alternatives for the System.

(3) An acquisition strategy for the System, including—

(A) an outline of each increment of the System; and

(B) the date on which each increment will reach initial operational capability and full operational capability, respectively.

(4) A capability development document for the System.

(5) An acquisition program baseline for the System.

(6) A test and evaluation master plan for the System.

(7) A life-cycle sustainment plan for the System.

(b) Date specified.—The date specified in this subsection is the earlier of—

(1) the date that is 180 days after the date on which the final analysis of alternatives for the Advanced Battle Management System is completed; or

(2) April 1, 2020.

(c) Advanced Battle Management System defined.—In this section, the term “Advanced Battle Management System” means the Advanced Battle Management System of Systems capability of the Air Force, including each program, project, and activity that comprises such capability.

(a) Documentation required.—The Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the B–52 commercial engine replacement program of the Air Force:

(1) A capability development document for the program, approved by the Secretary of the Air Force.

(2) A test and evaluation master plan for the program, approved by the Director of Operational Test and Evaluation.

(b) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force, not more than 75 percent may be obligated or expended until the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required under subsection (a).

(a) Assessment required.—

(1) IN GENERAL.—The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall conduct an assessment of critical skillsets required across the science, technology, research, and engineering workforce of the Department of Defense to support emerging and future warfighter technologies.

(2) ELEMENTS.—The assessment required by paragraph (1) shall include analysis of the following:

(A) The percentage of women and minorities employed in the workforce as of the date of the assessment.

(B) The percentage of grants, fellowships, and funding awarded to minorities and women.

(C) The effectiveness of existing hiring and attraction incentives, other encouragements, and required service agreement commitments in attracting and retaining minorities and women in the workforce of the Department after such individuals complete work on Department-funded research projects, grant projects, fellowships, and STEM programs.

(D) The geographical diversification of the workforce and the operating costs of the workforce across various geographic regions.

(b) Plan required.—

(1) IN GENERAL.—Based on the results of the assessment conducted under subsection (a), the Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall develop and implement a plan to diversify and strengthen the science, technology, research, and engineering workforce of the Department of Defense.

(2) ELEMENTS.—The plan required by paragraph (1) shall—

(A) align with science and technology strategy priorities of the Department of Defense, including the emerging and future warfighter technology requirements identified by the Department;

(B) except as provided in subsection (c)(2), set forth steps for the implementation of each recommendation included in the 2013 report of the RAND corporation titled “First Steps Toward Improving DoD STEM Workforce Diversity”;

(C) harness the full range of the Department’s STEM programs and other Department-sponsored programs to develop and attract top talent;

(D) use existing authorities to attract and retain students, academics, and other talent;

(E) establish and use contracts, agreements, or other arrangements with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including historically black colleges and universities and other minority-serving institutions (as described in section 371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy and efficient access to research and researchers for Government-sponsored basic and applied research and studies at each institution, including contracts, agreements, and other authorized arrangements such as those authorized under—

(i) section 217 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note); and

(ii) such other authorities as the Secretary determines to be appropriate; and

(F) include recommendations for changes in authorities, regulations, policies, or any other relevant areas, that would support the achievement of the goals set forth in the plan.

(3) SUBMITTAL TO CONGRESS.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—

(A) the plan developed under paragraph (1); and

(B) with respect to each recommendation described in paragraph (2)(B) that the Secretary implemented or expects to implement—

(i) a summary of actions that have been taken to implement the recommendation; and

(ii) a schedule, with specific milestones, for completing the implementation of the recommendation.

(c) Deadline for implementation.—

(1) IN GENERAL.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act the Secretary of Defense shall carry out activities to implement the plan developed under subsection (b).

(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.—

(A) DELAYED IMPLEMENTATION.—The Secretary of Defense may commence implementation of a recommendation described in subsection (b)(2)(B) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date.

(B) NONIMPLEMENTATION.—The Secretary of Defense may opt not to implement a recommendation described in subsection (b)(2)(B) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—

(i) a specific justification for the decision not to implement the recommendation; and

(ii) a summary of the alternative actions the Secretary plans to take to address the issues underlying the recommendation.

(d) STEM defined.—In this section, the term “STEM” means science, technology, engineering, and mathematics.

(a) Policy.—

(1) IN GENERAL.—It shall be a policy of the Department of Defense to promote and maintain digital expertise and software development as core competencies of civilian and military workforces of the Department, and as a capability to support the National Defense Strategy, which policy shall be achieved by—

(A) the recruitment, development, and incentivization of retention in and to the civilian and military workforce of the Department of individuals with aptitude, experience, proficient expertise, or a combination thereof in digital expertise and software development;

(B) at the discretion of the Secretaries of the military departments, the development and maintenance of civilian and military career tracks related to digital expertise, and related digital competencies for members of the Armed Forces, including the development and maintenance of training, education, talent management, incentives, and promotion policies in support of members at all levels of such career tracks; and

(C) the development and application of appropriate readiness standards and metrics to measure and report on the overall capability, capacity, utilization, and readiness of digital engineering professionals to develop and deliver operational capabilities and employ modern business practices.

(2) DEFINITIONS.—For purposes of this section, “digital engineering” is the discipline and set of skills involved in the creation, processing, transmission, integration, and storage of digital data, (including but not limited to data science, machine learning, software engineering, software product management, and artificial intelligence product management).

(b) Responsibility.—

(1) APPOINTMENT OF OFFICER.—Not later than 270 days after the date of enactment of this Act, the Secretary of Defense shall appoint a civilian official responsible for the development and implementation of the policy set forth in subsection (a). The official shall be known as the “Chief Digital Engineering Recruitment and Management Officer of the Department of Defense” (in this section referred to as the “Officer”).

(2) EXPIRATION OF APPOINTMENT.—The appointment of the Officer under paragraph (1) shall expire on September 30, 2029.

(c) Duties.—In developing and providing for the discharge of the policy set forth in subsection (a), the Officer shall work with the Assistant Secretaries of the military departments for Manpower and Reserve Affairs to carry out the following:

(1) Develop for, and enhance within, the recruitment programs of each Armed Force various core initiatives, programs, activities, and mechanisms, tailored to the unique needs of each Armed Force, to identify and recruit civilian employees and members of the Armed Forces with demonstrated aptitude, interest, and proficiency in digital engineering, and in science, technology, engineering, and mathematics (STEM) generally, including initiatives, programs, activities, and mechanisms to target populations of individuals not typically aware of opportunities in the Department of Defense for a digital engineering career.

(2) Identify and share with the military departments best practices around the development of flexible career tracks and identifiers for digital engineering and related digital competencies and meaningful opportunities for career development, talent management, and promotion within such career tracks.

(3) Develop and maintain education, training, doctrine, rotational opportunities, and professional development activities to support the civilian and military digital engineering workforce.

(4) Coordinate and synchronize digital force management activities throughout the Department of Defense, advise the Secretary of Defense on all matters pertaining to the health and readiness of digital forces, convene a Department-wide executive steering group, and submit to Congress an annual report on the readiness of digital forces and progress toward achieving the policy set forth in subsection (a).

(5) Create a Department-wide mechanism to track digital expertise in the workforce, develop and maintain organizational policies, strategies, and plans sufficient to build, maintain, and refresh internal capacity at scale, and report to the Secretary quarterly on the health and readiness the digital engineering workforce.

(6) Assist the military departments in designing, developing, and executing programs and incentives to retain, track, and oversee digital expertise among civilian employees of the Department and members of the Armed Forces on active duty.

(7) At the request of the Chief of Staff of an Armed Force, or the head of another component or element of the Department, undertake an executive search for key leadership positions in digital engineering in such Armed Force, component, or element, and develop and deploy agile hiring processes to fill such positions.

(8) Identify necessary changes in authorities, policies, resources, or a combination thereof to further the policy set forth in subsection (a), and submit to Congress a report on such changes.

(d) Implementation plan.—Not later than May 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a plan to carry out the requirements of this section. The plan shall include the following:

(1) An assessment of progress of the Secretary in recruiting an individual to serve as the Officer required to be appointed under subsection (b).

(2) A timeline for implementation of the requirements of this section, including input from each military department on its unique timeline.

(3) Recommendations for any legislative or administrative action required to meet the requirements of this section.

(a) Capability required.—

(1) IN GENERAL.—The Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation shall jointly design, develop, and implement a digital engineering capability and infrastructure—

(A) to provide technically accurate digital models to the acquisition process; and

(B) to serve as the foundation for automated approaches to software testing and evaluation.

(2) ELEMENTS.—The capability developed under subsection (a) shall consist of digital platforms that may be accessed by individuals throughout the Department who have responsibilities relating to the development, testing, evaluation, and operation of software. The platforms shall enable such individuals to—

(A) use systems-level digital representations and simulation environments;

(B) perform automated software testing based on criteria developed, in part, in consultation with the Under Secretary’s developmental test organization and the Director to satisfy program operational test requirements; and

(C) perform testing on a repeatable, frequent, and iterative basis.

(b) Pilot programs.—

(1) IN GENERAL.—The Under Secretary and Director shall carry out pilot programs to demonstrate whether it is possible for automated testing to satisfy—

(A) developmental test requirements for the software-intensive programs of the Department of Defense; and

(B) the Director’s operational test requirements for such programs.

(2) NUMBER OF PILOT PROGRAMS.—The Under Secretary and Director shall carry out not fewer than four and not more than ten pilot programs under this section.

(3) REQUIREMENTS.—For each pilot program carried out under paragraph (1), the Under Secretary and Director shall—

(A) conduct a cost-benefit analysis that compares the costs and benefits of the digital engineering and automated testing approach of the pilot program to the nondigital engineering based approach typically used by the Department of Defense;

(B) ensure that the intellectual property strategy for the pilot program supports the data required to operate the models used under the program; and

(C) develop a workforce and infrastructure plan to support any new policies and guidance implemented during the pilot program or after the completion of the program.

(4) CONSIDERATIONS.—In carrying out paragraph (1), the Under Secretary and Director may consider using the authorities provided under sections 873 and 874 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91).

(5) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report that includes a description of—

(A) each pilot program that will be carried out under paragraph (1);

(B) software programs that may be used as part of each pilot program;

(C) selection criteria and intellectual property and licensing issues relating to such software programs;

(D) any recommendations for changes to existing law to facilitate the implementation of the pilot programs; and

(E) such other matters as the Under Secretary and Director determine to be relevant.

(6) TERMINATION.—Each pilot program carried out under paragraph (1) shall terminate not later than December 31, 2025.

(c) Policies and guidance required.—

(1) IN GENERAL.—The Under Secretary and the Director shall issue policies and guidance to implement—

(A) the digital engineering capability and infrastructure developed under subsection (a); and

(B) the pilot programs carried out under subsection (b).

(2) ELEMENTS.—The policies and guidance issued under paragraph (1) shall—

(A) specify procedures for developing and maintaining digital engineering models and the automated testing of software throughout the program life cycle;

(B) include processes for automated testing of developmental test requirements and operational test requirements;

(C) include processes for automated security testing, including—

(i) penetration testing; and

(ii) vulnerability scanning;

(D) include processes for security testing performed by individuals, including red team assessments with zero-trust assumptions;

(E) encourage the use of an automated testing capability instead of acquisition-related processes that require artifacts to be created for acquisition oversight but are not used as part of the engineering process;

(F) support the high-confidence distribution of software to the field on a time-bound, repeatable, frequent, and iterative basis;

(G) provide technically accurate models, including models of system design and performance, to the acquisition process; and

(H) ensure that models are continually updated with the newest design, performance, and testing data.

(d) Consultation.—In carrying out subsections (a) through (c), the Under Secretary and Director shall consult with—

(1) the Under Secretary of Defense for Acquisition and Sustainment;

(2) the service acquisition executives;

(3) the service testing commands; and

(4) the Defense Digital Service.

(e) Report required.—Not later one year after the date of the enactment of this Act, the Under Secretary and Director shall submit to the congressional defense committees a report on the progress of the Under Secretary and Director in carrying out subsections (a) through (c). The report shall include—

(1) an independent assessment conducted by the Defense Innovation Board of the progress made as of the date of the report;

(2) an explanation of how the results of the pilot programs carried out under subsection (b) will inform subsequent policy and guidance, particularly the policy and guidance of the Director of Operational Test and Evaluation; and

(3) any recommendations for changes to existing law to facilitate the implementation of subsections (a) through (c).

(f) Definitions.—In this section:

(1) The term “Under Secretary and Director” means the Under Secretary of Defense for Research and Engineering and the Director of Operational Test and Evaluation, acting jointly.

(2) The term “digital engineering” means an integrated digital approach that uses authoritative sources of system data and models as a continuum across disciplines to support life-cycle activities from concept through disposal.

(3) The term “zero-trust assumption” means a security architecture philosophy designed to prevent all threats, including insider threats and outsider threats.

(4) The term “red team assessment” means penetration tests and operations performed on a system to emulate a capable adversary to expose security vulnerabilities.

(a) Alignment of policy and technological development.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a process to ensure that the policies of the Department of Defense relating to emerging technology are formulated and updated continuously as such technology is developed by the Department.

(b) Elements.—As part of the process established under subsection (a), the Secretary shall—

(1) specify the role of each covered official in ensuring that the formulation of policies relating to emerging technology is carried out concurrently with the development of such technology;

(2) establish mechanisms to ensure that the Under Secretary of Defense for Policy has the information and resources necessary to continuously formulate and update policies relating to emerging technology, including by directing the organizations and entities of the Department of Defense responsible for the development such technology—

(A) to share information with the Under Secretary;

(B) to communicate plans for the fielding and use of emerging technology to the Under Secretary; and