FY20 National Defense Authorization Act (NDAA)

Summary of S. 1790 The National Defense Authorization Act

for Fiscal Year 2020 As of December 11, 2019

Passed in Committee

Passed in Chamber Agreement Final Passage Signed into

Law House

June 13th, 2019 July 12, 2019 December 9, 2019

December 11, 2019

Senate May 23rd, 2019 June 27, 2019

Table of Contents

EXECUTIVE SUMMARY ............................................................................................................................... - 1 - ARMY NATIONAL GUARD - AUTHORIZATION OF FUNDING (ALL DOLLARS IN THOUSANDS) ........... - 2 - AIR NATIONAL GUARD - AUTHORIZATION OF FUNDING (ALL DOLLARS IN THOUSANDS) ............... - 2 - BILL TEXT ..................................................................................................................................................... - 3 - PROCUREMENT PROVISIONS ................................................................................................................... - 3 - RESEARCH, DEVELOPMENT, TEST AND EVALUATION PROVISIONS .................................................. - 3 - OPERATION AND MAINTENANCE PROVISIONS ...................................................................................... - 3 - MILITARY PERSONNEL AUTHORIZATIONS AND POLICY ....................................................................... - 5 - RESERVE COMPONENT MANAGEMENT PROVISIONS ........................................................................... - 6 - MILITARY JUSTICE ...................................................................................................................................... - 7 - MILITARY MEMBER TRANSITION AND FAMILY READINESS .................................................................. - 8 - COMPENSATION, RETIREMENT AND HEALTHCARE .............................................................................. - 9 - DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT .................................................... - 10 - MILITARY CONSTRUCTION PROVISIONS ............................................................................................... - 11 - OTHER PROVISIONS ................................................................................................................................. - 12 -

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Executive Summary This guide provides a short summary of the Fiscal Year 2020 National Defense Authorization Act (NDAA). To obtain a complete understanding of any particular provision, users are encouraged to review the actual bill text. Bill text and the committee report can be found on NGB-LL’s website: www.nationalguard.mil/ll. Beyond the legislative provisions, there are a number of directive reports with specific relevance to the National Guard. Readers are encouraged to review this report language (starting on page 10) for their own situational awareness. Status: On December 10th, the House and Senate released the conference agreement for the FY2020 National Defense Authorization Act. The bill authorizes $729.9 billion in discretionary spending, including $71.5 billion for overseas contingency operations. Highlights:

• $265 million authorized for NGREA

• 3.1% pay raise for service members

• Grants the National Guard access to the Defense Environmental Restoration Account for PFOS/PFOA contamination cleanup (Sec. 316)

• Authorizes an end strength of 336,000 for ARNG and 107,700 for ANG (Sec. 411)

• Maintains an AGR end strength of 30,595 (Sec. 412)

• Authorizes a minimum number of dual-status technicians at the end of the fiscal year instead of a maximum number (Sec. 413)

• Prevents the imposition of a limit on transferability of Post-9/11 GI Bill benefits based on maximum number of years of service (Sec. 578)

• Directs the Service Chiefs and the Chief of the National Guard Bureau to meet periodically with survivors of deceased members of the Armed Forces to receive feedback regarding issues affecting such survivors (Sec. 580B)

• Reduces retirement eligibility age for members of the Ready Reserve by 3 months for each aggregate 90 days of active duty service (Sec. 604)

• Authorizes the Chief of the National Guard Bureau to establish a pilot program to expand suicide prevention and intervention efforts at the community level through the utilization of smartphone applications (Sec. 739)

• Establishes a Space Force (Sec. 951)

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National Guard Accounts Overview

Army National Guard - Authorization of Funding (All Dollars in Thousands)

Army National Guard

FY20 PB Request

HASC Mark

Delta from PB

SASC Mark

Delta from PB

Conference Report

FY20 Delta from

PB O&M $7,629,403 $7,474,003 –$155,400 $7,633,603 +4,200 $7,525,642 -$103,761 OCO O&M $83,291 $83,291 - $83,291 - $83,291 -

MILCON $210,819 $365,819 +$155,000 $365,819 +

$155,000 $365,819 + $155,000 Army National Guard End Strength

Army National Guard

FY20 PB Request HASC Mark

Delta from PB

SASC Mark

Delta from PB

Conference Report

FY20 Delta

from PB End Strength 336,000 336,000 - 336,000 - 336,000 - AGR 30,595 30,595 - 30,595 - 30,595 - Dual Status Technicians 22,294 22,294 - 22,294 - 22,294 - ADOS 17,000 17,000 - 17,000 - 17,000 -

Air National Guard - Authorization of Funding (All Dollars in Thousands)

Air National Guard

FY20 PB Request

HASC Mark

Delta from PB

SASC Mark

Delta from PB

Conference Report

FY20 Delta from

PB O&M $6,727,229 $6,596,662 –$130,567 $6,727,229 - $6,657,229 –$70,000 OCO O&M $176,909 $176,909 - $176,909 - $176,909 - MILCON $165,971 $172,971 +$7,000 $172971 +7,000 $221,471 +$55,500

Air National Guard End Strength

Air National Guard

FY20 PB Request

HASC Mark

Delta from PB

SASC Mark

Delta from PB

Conference Report

FY20 Delta from

PB End Strength 107,700 107,700 - 107,700 - 107,700 - AGR 22,637 22,637 - 22,637 - 22,637 - Dual Status Technicians 13,573 13,573 - 13,573 - 13,569 - ADOS 16,000 16,000 - 16,000 - 16,000 -

RECOMMENDED FUNDING AUTHORIZATIONS DO NOT EQUAL FINAL FUNDING. FINAL FUNDING LEVELS WILL BE DECIDED BY APPROPRIATIONS BILLS

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BILL TEXT PROCUREMENT PROVISIONS

Sec. 141. Modification of requirement to preserve certain C-5 aircraft This section would reinstate the requirement for the Secretary of the Air Force to continue to preserve certain C-5 aircraft in a storage condition that would allow a recall of retired aircraft to future service in the Air Force Reserve, Air National Guard, or Active Force Structure. Sec. 143. Requirement to align Air Force fighter force structure with National Defense Strategy and reports This section would require the Secretary of the Air Force to submit an aviation force structure acquisition strategy that aligns with the stated capability and capacity requirements of the Department of the Air Force to meet the National Defense Strategy. Sec. 147. Limitation on availability of funds for RC-26B aircraft This section would limit the availability of funds for the retiring of the RC-26B aircraft until the Secretary of the Air Force submits a report regarding the efficacy of the RC-26B aircraft, whether there are missions that the RC-26B is required to complete, and whether there is a more cost effective way to complete those missions should the RC-26B be divested or retired. Sec. 150. Air Force plan for Combat Rescue Helicopter fielding This section expresses the Sense of Congress that the Air National guard should retain additional HH-60G helicopters given the delays of the Operational Loss Replacement program and the fielding schedule of the Combat Rescue Helicopter program.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION PROVISIONS

Sec. 213. Establishment of joint reserve detachment of the Defense Innovation Unit This section would allow the Secretary of Defense to establish joint reserve detachments at Defense Innovation Unit locations in order to utilize the relevant private sector experience of reserve personnel to advance the technology requirements of the Department. Note: this is directed more towards the Army Reserve. Sec. 257. Cyber Science and Technology Activities Roadmap and Reports This section would direct the Under Secretary of Defense for Research and Engineering to develop a roadmap for the science and technology activities of the Department of Defense in support of the Department’s cyber needs and missions.

OPERATION AND MAINTENANCE PROVISIONS

Sec. 313-314. Use of proceeds from sale of recyclable materials (Sec. 313) and disposal of recyclable materials (Sec. 314) These sections would increase the cap limit on use of proceeds from sale of recyclable materials from $2 million to $10 million. Section 314 would define the term ‘recyclable material’ to include any quality recyclable material provided to the Department by a State or local government entity.

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Sec. 316. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard This section would allow the National Guard Bureau to access the Defense Environmental Remediation Account funds for the limited purpose of addressing perfluorooctanoic acid and perfluorooctane sulfonate exposure and contamination resulting from National Guard activities in and around National Guard bases. Sec. 322. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent This section would prohibit the Department of Defense from procuring firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances after October 2023. Furthermore, this section would prohibit the use of fluorinated foam by October 2024 with the option for the Secretary of Defense to extend the date for up to one year using a waiver authority. Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous film forming foam at military installations This section would prohibit the uncontrolled release of fluorinated aqueous film forming foam at military installations except in cases of emergency response. Sec. 324. Prohibition on use of fluorinated aqueous film forming foam for training exercises This section would prohibit the use of fluorinated aqueous film forming foam for training exercises at military installations. Sec. 327. Investments to increase military installation resilience This section would require the Secretary of Defense to remove barriers and reform policies that discourage investments to increase military installation resilience. Sec. 328. Extreme weather budgeting This section would require the Secretary of Defense to include a dedicated budget line item for adaptation to and mitigation of effects of extreme weather on military networks, systems, installations, facilities, and other assets and capabilities of the Department in the annual budget submission of the President. Sec. 332. Cooperative agreements with states to address contamination by perfluoroalkyl and polyfluoroalkyl substances This section would authorize the mechanism and funding to expedite the review and approval of Department of Defense documents related to amending or finalizing cooperative agreements with state governments on perfluoroalkyl and polyfluoroalkyl contaminations originating from Department activities. Sec. 341-345 Treatment of contaminated water near military installations These sections would allow the Secretaries of the military departments to provide uncontaminated water sources or to treat water contaminated with perfluoroalkyl and polyfluoroalkyl substances if the water is used for agricultural purposes leading to products destined for human consumption. Sec. 365. Prohibition on subjective upgrades by commanders of unit ratings in monthly readiness reporting on military units The section would prohibit the commander of a military unit who is responsible for monthly reporting of readiness from making any subjective upgrade of the overall rating of the unit.

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MILITARY PERSONNEL AUTHORIZATIONS AND POLICY

Sec. 411. End strengths for Selected Reserve This section would authorize the following end strengths for Selected Reserve personnel, including the end strength for Reserves on Active Duty in support of the Reserves, as of September 30, 2020: Army National Guard—336,000 Air National Guard—107,700 Sec. 413. End strengths for military technicians (dual status) This section would authorize the following end strengths for military technicians (dual status) as of September 30, 2020; the Army National Guard of the United States, 22,294; the Army Reserve, 6,492; the Air National Guard of the United States, 13,569; and the Air Force Reserve, 8,938. This section would prohibit under any circumstances the coercion of a military technician (dual status) by a State into accepting an offer of realignment or conversion to any other military status, including as a member of the Active, Guard, and Reserve program of a reserve component. The provision would further specify that if a technician declines to participate in such a realignment or conversion, no further action may be taken against the individual or the individual’s position. The provision would require the Chief of the National Guard Bureau to certify by January 1, 2020, to the Committees on Armed Services of the Senate and House of Representatives the number of positions realigned from military technician (dual status) to a position in the Active, Guard, and Reserve (AGR) program of the Air National Guard during fiscal year 2019. The provision would specify that if the number so certified is less than 3,190, that the authorized strength for Air National Guard military technicians be increased by the difference between the number certified and 3,190 (with a maximum increase of 2,292) and that authorized AGR strength for the Air National Guard be decreased by that same amount. Finally, the provision would authorize the minimum number of military technicians (dual status) on the last day of fiscal year 2020 for the reserve components of the Army and Air Force. Sec. 501. Maker of original appointments in a regular or reserve component of commissioned officers previously subject to original appointment in other type of component The section would require the Secretary of Defense to make regular officer transfer appointments onto the Active Duty list for reserve officers currently included on the reserve active-status list. This provision would also require the Secretary of Defense to make reserve officer transfer appointments onto the reserve active-status list for regular officers currently included on the Active-Duty list. Sec. 503. Limitation on number of officers recommendable for promotion by promotion selection boards This section would amend limit the number of officers who may be recommended for promotion by a promotion selection board to no more than 95 percent of officers who are in a given promotion zone. The provision would also require the Secretary of Defense to make reserve officer transfer appointments onto the reserve active-status list for regular officers currently included on the Active Duty list. Additionally, the section would also deems an officer who receives an original appointment as a regular commissioned officer in a grade under section 531 of title 10, United States Code, to have also received an original appointment as a reserve officer.

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Sec. 504. Expansion of authority for continuation on active duty of officers in certain military specialties and career tracks This section would allow each of the Secretaries of the military departments to continue certain officers serving in pay grades of 0-3 and 0-4 in an occupational specialty, rating, or specialty code, who are not yet retirement eligible but would otherwise be subject to statutory separation to complete up to 40 years of active service. Sec. 506. Modification of authorities on management of deployments of members of the Armed Forces and related unit operating and personnel tempo matters The section would limit the ability of the Secretary of Defense to delegate deployment threshold exceptions to Senate-confirmed civilian officials within the Department of Defense. The provision would also require the Secretary of Defense to prescribe a separate policy to track dwell time for reserve members of the Armed Forces. Sec. 510. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list This section would allow for Reserve Component promotion selection boards to recommend placing an officer on the reserve active-status list higher on a promotion list based on particular merit, if at least a majority of the promotion selection board members so recommend. Sec. 510A. Availability on the internet of certain information about officers serving in general or flag officer grades This section would require the Secretary of each military department to publish general and flag officer biographies and assignment information on a publicly available website on the internet.

RESERVE COMPONENT MANAGEMENT PROVISIONS

Sec. 515. Extension of suicide prevention and resilience program for the reserve components This section extends, for 5 years, the Suicide Prevention and Resilience Program for the reserve components and their families. Sec. 516. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components This section would amend section 14703 of title 10, United States Code, to authorize the Secretary concerned to retain Reserve Component medical specialty officers beyond the age of 68. Sec. 517. Modernization of inspection authorities applicable to the National Guard and extension of inspection authority to the Chief of the National Guard Bureau This section would authorize the Chief of the National Guard Bureau to have inspections made by commissioned officers of the National Guard on behalf of the Secretary of the Army or the Air Force for the purposes of determining whether units and members of the National Guard comply with Federal law and policy applicable to the National Guard. Any inspections made under this authority may be made only with the approval of the Secretary of the Army or the Secretary of the Air Force. Sec. 518. Consultation with Chief of the National Guard Bureau in the appointment or designation of National Guard property and fiscal officers This section would require the Governor of each State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, and the commanding general of the National Guard of the District of

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Columbia to consult the Chief of the National Guard Bureau in appointing a qualified commissioned officer to be the property and fiscal officer of that jurisdiction. Sec. 520. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units This section would repeal section 1113 of the Army National Guard Combat Readiness Reform Act of 1992, which was included in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484). This section required the review of a recommended unit vacancy promotion of an officer in the Selected Reserve by the commander of the Active-Duty unit associated with the Selected Reserve unit of that officer. Sec. 520A. Report on methods to enhance domestic response to large scale, complex and catastrophic disasters This section requires the Secretary of Defense, in consultation and coordination with the Federal Emergency Management Agency, the National Security Council, the Council of Governors, and the National Governors Association, to submit a report to Congress on their plan to establish policy and processes to implement the homeland defense authorities provided by sec. 502 of title 32, U.S.C. The report shall include a detailed examination of the policy framework consistent with existing authorities, identify major statutory or policy impediments to implementation, and make recommendations for legislation as appropriate.

MILITARY JUSTICE

Sec. 532. Command influence This section would amend the Uniform Code of Military Justice to prohibit convening authorities and commanding officers from interfering with access and influencing witnesses, and would expressly allow convening authorities and commanding officers to engage in communications with subordinates that do not jeopardize the fairness of military judicial proceedings. Sec. 533. Statute of limitations for certain offenses This section would amend the UCMJ to eliminate the statute of limitations for the offenses of maiming and kidnapping of a child. Sec. 534. Expansion of responsibilities of commanders for victims of sexual assault committed by another Member of the Armed Forces This section would require commanders to notify an alleged victim of sexual assault of significant events in the military justice process in connection with the investigation, prosecution, and confinement of the accused, when the accused is a member of the Armed Forces, and to document such notification. This section would also require commanders to create and maintain documentation of an alleged sexual assault victim's expressed preference for prosecution jurisdiction. Sec. 543. Notification of issuance of military protective order to civilian law enforcement This section would require unit commanders to notify civilian authorities of the issuance of a military protective order against a member of the Armed Forces, and would require unit commanders to notify a receiving unit of the issuance of a military protective order in the event a member is transferred to another unit. This section would also require the Secretary of Defense, not later than March 1, 2020, and each year thereafter through 2025, to submit a report to the congressional defense committees identifying the number of military protective orders issued and

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the number of military protective orders reported to the appropriate civilian authorities in the preceding calendar year in which the report was submitted. Sec. 545. Military orders required for termination of leases pursuant to the Service Members Civil Relief Act This section would clarify that, in the context of terminating residential or motor vehicle leases, military orders for a permanent change of station include separation or retirement orders.

MILITARY MEMBER TRANSITION AND FAMILY READINESS

Sec. 559. Requirement to continue provision of tuition assistance for Members of the Armed Forces This section would require service secretaries to spend on service member tuition assistance at least the amount appropriated for tuition assistance in fiscal year 2020. Sec. 570. Records of service for reserves This section would require the Secretary of Defense to establish and implement a standard of record of service for members of the Reserve Component that summarizes the record of service of the service member including dates of Active Duty service. Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment This section would remove the statutory requirement that parental leave be taken in one increment. Sec. 572. Deferred deployment for members who give birth This section would standardize new mother deployment deferral policy across the military services. Sec. 575. Occupational license portability for relocated spouse of service This provision would require the Secretary of Defense to enter into a cooperative agreement with the Council of State Governments in order to assist with the funding and development of interstate compacts on licensed occupations.

Sec. 577. Reimbursement for state licensure and certification cost for spouse of a service member due to relocation. This provision would authorize the Secretary concerned to reimburse a member of the uniformed services for qualified relicensing costs of the spouse of the member, not to exceed $1,000, until December 31, 2024. Sec. 578. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program This section would prevent the Secretary of Defense from imposing a limit on transferability of Post-9/11 GI Bill benefits based on maximum number of years of service. Sec. 579. Annual state report card This section would amend the Elementary and Secondary Education Act of 1965 to include children with a parent(s) in the National Guard or Reserve Component in the Military Student Identifier definition of the Every Student Succeeds Act.

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Sec. 580B. Meetings of officials of the Department of Defense with survivors of deceased Members of the Armed Forces This section would direct the Secretary of Defense to establish procedures to ensure that each of the military departments, including the National Guard, identify surviving family members of fallen service members to meet periodically with their respective military service chiefs to provide feedback on surviving family member issues and concerns. Sec. 580C. Information and opportunities for registration for voting and absentee ballot requests for members of the Armed Forces undergoing This section would require a Voting Assistance Officer or other person designated by the secretary of the military department concerned, to provide a Federal write-in ballot to a member of the Armed Forces, upon the request of the member.

COMPENSATION, RETIREMENT AND HEALTHCARE

Sec. 604. Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service This section would authorize credit for a service member who as a member of the Ready Reserve serves on Active Duty or performs Active service under section 12304(b) of title 10, United States Code. The eligibility age will be reduced below 60 years of age by 3 months for each aggregate of 90 days on which such person serves on such Active Duty or performs such Active service in any fiscal year after January 28, 2008, or in any two consecutive fiscal years after September 30, 2014. Sec. 605. Temporary adjustment of BAH This section would authorize the Secretary of Defense to prescribe a temporary upward or downward adjustment to Basic Allowance for Housing (BAH) if it is determined that the actual cost of civilian housing differs from current BAH rates by more than 20 percent. Sec. 609. Increase in basic pay This section increases the rate of monthly basic pay for service members by 3.1 percent. Sec. 611. One-Year extension of certain expiring bonus and special pay authorities This section would extend, through December 31, 2020, income replacement payments for Reserve Component members experiencing extended and frequent mobilization for Active Duty service; would extend two critical recruitment and retention incentive programs for Reserve Component health care professionals; would extend accession and retention incentives for nuclear-qualified and would extend the consolidated special and incentive pay authorities. Sec. 701. Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve This section would amend section 1076 of title 10, United States Code, by removing the restriction of Federal employees who are National Guard or Reserve Component service members from purchasing TRICARE Reserve Select beginning in the year 2030. Sec. 702. TRICARE payment options for retirees and their dependents. This section would require that a premium owed by a member, former member, or dependent, eligible for medical and dental care will be withheld, to the maximum extent practicable, from the individual’s retired, retainer, or equivalent pay. The provision would authorize the Secretary of Defense to determine the method and frequency of payment when circumstances prevent payment

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through an allotment from retired, retainer, or equivalent pay. The amendments in this provision would apply to health care coverage beginning on or after January 1, 2021. Sec. 706. Modifications to post-deployment mental health assessments for Members of the Armed Forces deployed in support of a contingency operation This section would amend section 1074 of title 10, United States Code, by requiring a mental health assessment for members of the Armed Forces within 14 days after redeployment from a contingency operation. Sec. 718. Comprehensive Policy for provision of mental health care to Members of the Armed Forces This section would require the Secretary of Defense, to develop and implement a comprehensive policy for the provision of mental health care for service members. Sec. 739. National Guard Suicide Prevention Pilot Program This section would authorize the Chief of the National Guard Bureau to carry out a pilot program to expand suicide prevention and intervention efforts at the community level through the utilization of smartphone and other handheld applications to provide in-the-moment support to service members.

DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Sec. 825. Accelerated contracting and pricing processes This section would expand a pilot program to reform and accelerate contracting and pricing processes beyond its current 10-program limitation and will continue the program through Jan 2, 2022.

Sec. 877. Extension of loan assistance and deferral eligibility to Reservist and Members of the National Guard beyond periods of military conflict. This section would extend the loan assistance and deferral eligibility to military reservists beyond periods of military conflict. The provision would also require the President of the United States to submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a semi-annual report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. Sec. 901. Headquarters activities of the Department of Defense matters The section would require the Secretary of Defense to report, not later than January 1, 2020, on the total number of civilian and military employees assigned or employed in the Office of the Chief, National Guard Bureau, and on the National Guard Joint Staff, together with a recommendation on the number of employees necessary to execute the missions and functions of the National Guard Bureau and National Guard Joint Staff. Sec. 951-961. Space Force This section establishes the United States Space Force within the Department of the Air Force. Under this provision, the Space Force would include military personnel of the Air Force Space Command and other military personnel of the Air Force as assigned to the Space Force by the Secretary of the Air Force. According to the Joint Explanatory Statement, “The Conferees expect

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that the Space Force would be supported by civilian personnel within the Department of the Air Force and by Air Force Reserve elements, as determined by the Secretary of the Air Force.”

MILITARY CONSTRUCTION PROVISIONS

Sec. 2601. Authorized Army National Guard construction and land acquisition projects

Sec. 2604. Authorized Air National Guard construction and land acquisition projects

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Sec. 2913. Authorization of Emergency Army National Guard construction and land acquisition projects

OTHER PROVISIONS

Sec. 598. Report regarding use of aerial systems of the Department of Defense to support agencies of States, Territories, and the Federal Government This section would direct the Secretary of Defense to provide a report on the requirements for, and policies and procedures governing the use of manned and unmanned aerial systems to support states, territories, and other Federal agencies. Sec. 1133. Ensuring hiring preference for applicants with experience at an Air Traffic Control facility of the National Guard This section would require the Federal Aviation Administration (FAA) to give hiring preference to service members with experience at an Air Traffic Control facility of the National Guard. Sec. 1403. Drug interdiction and counter-drug activities, defense-wide This section would authorize $122,291,000 for National Guard Counter-Drug Program and $5,371,000 for National Guard Counter-Drug Schools Sec. 1624. Tier 1 Exercise of Support to Civil Authorities for a Cyber Incident This section would revise section 1648 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) by directing the Commanders of U.S. Northern Command and U.S. Cyber Command to conduct a Tier 1 exercise by May 1, 2020. This section would also place a limitation on 10 percent of fiscal year 2020 funds authorized to be appropriated for the White House Communications Agency until the exercise is initiated. Despite legislation directing the exercise in Public Law 115-232, the Department of Defense was unable to perform the exercise within fiscal year 2019, and the committee is concerned that the Department may not be focused adequately on the potential for a domestic cyber-attack necessitating defense support to civil authorities. Sec. 1640. Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects This section would allow the Secretaries of military departments to use money appropriated for operation and maintenance (O&M) to develop cyber operations-peculiar capabilities up to $3.0 million in each of fiscal years 2020 through 2022. The Department of Defense could use its O&M funds for rapid creation, testing, fielding, and operation of cyber capabilities that would be developed and used within the 1-year appropriation period. If the authority is utilized, the Department must notify the congressional defense committees not more than 15 days later, and present an annual report of the expenditures permitted under this authority.

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Sec. 1654. Accreditation standards and processes for cybersecurity and information technology products and services This section would require the Department of Defense (DOD) Chief Information Officer (CIO) to assess the accreditation standards and processes of the military departments and other components (to include the National Guard) of the DOD for cybersecurity and information technology products and services. Sec. 1720. Report on National Guard and United States Northern Command capacity to meet homeland defense and security incidents This section requires the Chief of the National Guard Bureau, in consultation with United States Northern Command, to submit a report to the Congressional Defense Committees detailing the roles, missions, capabilities and resources that the National Guard has at its disposal to respond to a homeland defense or security incident. Sec. 2823. Designation of Sumpter Smith Joint National Guard Base This section would designate the Sumpter Smith Air National Guard Base in Birmingham, Alabama, as the ‘‘Sumpter Smith Joint National Guard Base.’’ Sec. 2832. Release of interests retained in Camp Joseph T. Robinson, Arkansas, for use of such land as a veterans cemetery This section allows the Secretary of the Army to release 141.5 acres previously owned by the United States government for the sole purpose of expanding the Arkansas State Veterans Cemetery. Briefing on curricula of National Guard counterdrug schools The conferees direct the Secretary of Defense to provide a briefing to the House and Senate Armed Services Committees no later than 90 days after enactment of this Act on the Department of Defense review of the curricula and program structures of the National Guard counterdrug schools.