2019 John McCain Act

PURPOSE

The John McCain National Defense Authorization Act for Fiscal Year 2019 authorizes FY2019 appropriations and sets forth policies regarding the military activities of the Department of Defense (DOD), military construction, and the national security programs of the Department of Energy (DOE).

The bill authorizes appropriations, but does not provide appropriations, which are considered in subsequent appropriations legislation.

HISTORY

The John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 was established to enhance the military’s capacity, capabilities, and readiness.

APPLICABILITY TO BYUH

(Sec. 236) The bill amends the National Defense Authorization Act for Fiscal Year 2018 to require DOD to establish one or more multi-institution task order contracts, consortia, cooperative agreements, or other arrangements to facilitate expedited access to university technical expertise, including faculty, staff, and students, in support of its missions.

REQUIREMENTS

Section 889 of the John S. McCain National Defense Authorization Act (NDAA) for Fiscal Year 2019 prohibit the purchase of covered telecommunications equipment and services from vendors who sell products containing spyware.

PENALTIES

If, at any time after a mitigation agreement or condition is entered into or imposed under paragraph (3)(A), the Committee or lead agency, as the case may be, determines that a party or parties to the agreement or condition are not in compliance with the terms of the agreement or condition, the Committee or lead agency may, in addition to the authority of the Committee to impose penalties pursuant to subsection (h)(3) and to unilaterally initiate a review of any covered transaction under subsection (b)(1)(D)(iii)—

‘‘(i) negotiate a plan of action for the party or parties to remediate the lack of compliance, with failure to abide by the plan or otherwise remediate the lack of compliance serving as the basis for the Committee to find a material breach of the agreement or condition;

‘‘(ii) require that the party or parties submit a written notice under clause (i) of subsection (b)(1)(C) or a declaration under clause (v) of that subsection with respect to a covered transaction initiated after the date of the determination of noncompliance and before the date that is 5 years after the date of the determination to the Committee to initiate a review
of the transaction under subsection (b); or

‘‘(iii) seek injunctive relief.