H. R. 5515—357 
SEC. 1086. UNITED STATES POLICY WITH RESPECT TO FREEDOM OF 
NAVIGATION AND OVERFLIGHT. 
(a) DECLARATION OF POLICY.—It is the policy of the United 
States to fly, sail, and operate throughout the oceans, seas, and 
airspace of the world wherever international law allows. 
(b) IMPLEMENTATION OF POLICY.—In furtherance of the policy 
set forth in subsection (a), the Secretary of Defense should— 
(1) plan and execute a robust series of routine and regular 
air and naval presence missions throughout the world and 
throughout the year, including for critical transportation cor-
ridors and key routes for global commerce; 
(2) in addition to the missions executed pursuant to para-
graph (1), execute routine and regular air and maritime freedom 
of navigation operations throughout the year, in accordance 
with international law, including, but not limited to, maneuvers 
beyond innocent passage; and 
(3) to the maximum extent practicable, execute the missions 
pursuant to paragraphs (1) and (2) with regional partner coun-
tries and allies of the United States. 
SEC. 1087. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY. 
(a) ESTABLISHMENT; PURPOSE.— 
(1) ESTABLISHMENT.—There is established the National 
Commission on Military Aviation Safety (in this section referred 
to as the ‘‘Commission’’). The Commission shall be considered 
an independent establishment of the Federal Government as 
defined by section 104 of title 5, United States Code, and 
a temporary organization under section 3161 of such title. 
(2) PURPOSE.—The purpose of the Commission is to 
examine and make recommendations with respect to certain 
United States military aviation mishaps. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be composed of 
eight members, of whom— 
(A) four shall be appointed by the President; 
(B) one shall be appointed by the Chairman of the 
Committee on Armed Services of the Senate; 
(C) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the Senate; 
(D) one shall be appointed by the Chairman of the 
Committee on Armed Services of the House of Representa-
tives; and 
(E) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the House of Rep-
resentatives. 
(2) APPOINTMENT DATE.—The appointments of the members 
of the Commission shall be made not later than 90 days after 
the date of the enactment of this Act. 
(3) EFFECT
OF
LACK
OF
APPOINTMENT
BY
APPOINTMENT 
DATE.—If one or more appointments under subparagraph (A) 
of paragraph (1) is not made by the appointment date specified 
in paragraph (2), the authority to make such appointment 
or appointments shall expire, and the number of members 
of the Commission shall be reduced by the number equal to 
the number of appointments so not made. If an appointment 
under subparagraph (B), (C), (D), or (E) of paragraph (1) is 
not made by the appointment date specified in paragraph (2),
H. R. 5515—358 
the authority to make an appointment under such subpara-
graph shall expire, and the number of members of the Commis-
sion shall be reduced by the number equal to the number 
otherwise appointable under such subparagraph. 
(4) EXPERTISE.—In making appointments under this sub-
section, consideration should be given to individuals with exper-
tise in military aviation training, aviation technology, military 
aviation operations, aircraft sustainment and repair, aviation 
personnel policy, aerospace physiology, and reserve component 
policy. 
(5) PERIOD OF APPOINTMENT; VACANCIES.—Members shall 
be appointed for the life of the Commission. Any vacancy in 
the Commission shall not affect its powers, but shall be filled 
in the same manner as the original appointment. 
(6) CHAIR AND VICE CHAIR.—The Commission shall select 
a Chair and Vice Chair from among its members. The Chair 
may not be a Federal officer or employee. 
(7) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the 
requirements of section 2105 of title 5, United States Code, 
including the required supervision under subsection (a)(3) of 
such section, the members of the Commission shall be deemed 
to be Federal employees. 
(8) PAY FOR MEMBERS.— 
(A) IN GENERAL.—Except for the Chair, each member 
of the Commission who is not an officer or employee of 
the Federal government shall be paid at a rate equal to 
the daily equivalent of the annual rate of basic pay payable 
for level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day (including 
travel time) during which the member is engaged in the 
actual performance of duties vested in the Commission. 
All members of the Commission who are officers or 
employees of the United States shall serve without com-
pensation in addition to that received for their services 
as officers or employees of the United States. 
(B) CHAIR.—The Chair of the Commission shall be 
paid at a rate equal to the daily equivalent of the annual 
rate of basic pay payable for level III of the Executive 
Schedule under section 5314, of title 5, United States Code, 
for each day (including travel time) during which the 
member is engaged in the actual performance of duties 
vested in the Commission. 
(C) TRAVEL EXPENSES.—The members of the Commis-
sion shall be allowed travel expenses, including per diem 
in lieu of subsistence, at rates authorized for employees 
of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or reg-
ular places of business in the performance of services for 
the Commission. 
(c) ADDITIONAL STAFF.— 
(1) EXECUTIVE DIRECTOR.— 
(A) APPOINTMENT.—The Commission shall appoint and 
fix the rate of basic pay for an Executive Director in accord-
ance with section 3161 of title 5, United States Code. 
(B) LIMITATIONS.—The individual appointed to serve 
as Executive Director may not have served on active duty
H. R. 5515—359 
in the Armed Forces or as a civilian employee of the Depart-
ment of Defense during the one-year period preceding the 
date of such appointment. 
(2) COMMISSION STAFF.—The Executive Director, with the 
approval of the Commission, may appoint and fix the rate 
of basic pay for additional personnel as staff of the Commission 
in accordance with section 3161 of title 5, United States Code. 
(3) DETAILEES.—Not more than half of the personnel 
employed by or detailed to the Commission may be on detail 
from the Department of Defense and other Federal departments 
or agencies. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Commission shall meet at the call 
of the Chair. 
(2) INITIAL MEETING.—Not later than 30 days after the 
date on which all members of the Commission are required 
to have been appointed under subsection (b)(2), the Commission 
shall hold its initial meeting. 
(3) QUORUM.—A majority of the members of the Commis-
sion shall constitute a quorum, but a lesser number of members 
may hold hearings. 
(e) SPACE FOR COMMISSION.—Not later than 90 days after the 
date of the enactment of this Act, the Administrator of General 
Services, in consultation with the Secretary of Defense, shall iden-
tify and make available suitable excess space within the Federal 
space inventory to house the operations of the Commission. If 
the Administrator is not able to make such suitable excess space 
available within such 90-day period, the Commission may lease 
space to the extent that funds are available for such purpose. 
(f) CONTRACTING AUTHORITY.—The Commission may enter into 
contracts for the acquisition of administrative supplies and equip-
ment for use by the Commission, to the extent that funds are 
available for such purpose. 
(g) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chair of the Commission may procure temporary and 
intermittent services under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed the daily equiva-
lent of the annual rate of basic pay prescribed for level V of 
the Executive Schedule under section 5316 of such title. 
(h) DUTIES.— 
(1) STUDY ON MILITARY AVIATION SAFETY.—The Commission 
shall undertake a comprehensive study of United States mili-
tary aviation mishaps that occurred between fiscal years 2013 
and 2018 in order— 
(A) to assess the rates of military aviation mishaps 
between fiscal years 2013 and 2018 compared to historic 
aviation mishap rates; 
(B) to make an assessment of the underlying causes 
contributing to the unexplained physiological effects; 
(C) to make an assessment of causes contributing to 
delays in aviation maintenance and limiting operational 
availability of aircraft; 
(D) to make an assessment of the causes contributing 
to military aviation mishaps; and 
(E) to make recommendations on the modifications, 
if any, of safety, training, maintenance, personnel, or other 
policies related to military aviation safety.
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(2) REPORT.—Not later than March 1, 2020, the Commis-
sion shall submit to the President and the congressional defense 
committees a report setting forth a detailed statement of the 
findings and conclusions of the Commission as a result of 
the study required by paragraph (1), together with the rec-
ommendations of the Commission for such legislative and 
administrative actions as the Commission considers appropriate 
in light of the results of the study. 
(i) POWERS.— 
(1) HEARINGS.—The Commission may hold such hearings, 
sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers advis-
able to carry out its duties under this subtitle. 
(2) INFORMATION
FROM
DEPARTMENT.—The Commission 
may secure directly from any element of the Department of 
Defense such information as the Commission considers nec-
essary to carry out its duties under this subtitle. Upon request 
of the Chair of the Commission, the head of such element 
shall furnish such information to the Commission. 
(j) PROTECTION OF PRIVILEGED SAFETY INFORMATION.— 
(1) REQUEST
OF
INFORMATION.—The Commission may 
request privileged safety information from the Department of 
Defense. 
(2) TREATMENT
OF
INFORMATION.—Any privileged safety 
information provided to the Commission by the Department 
of Defense shall be handled by the Commission as though 
the Commission were a non-Department of Defense Federal 
Government agency under Enclosure 5, Section 8, of Depart-
ment of Defense Instruction 6055.07, Mishap Notification, 
Investigation, Reporting, and Record Keeping. 
(3) PROHIBITION
ON
USE
OF
INFORMATION
IN
PUBLIC 
HEARINGS.—No privileged safety information shall be allowed 
in any public hearing of the Commission. The Commission 
may only consider privileged safety information in camera, 
and no record of the proceedings of the Commission may include 
privileged safety information. 
(4) PROHIBITION ON PUBLICATION.—Any privileged safety 
information secured by the Commission from the Department 
of Defense— 
(A) may not be published or revealed to anyone outside 
the Commission; 
(B) may not be retained but shall be returned to the 
originating Department of Defense organization; and 
(C) may not be included in any Commission report. 
(5) USE OF AGGREGATED DATA.—Aggregated data based on 
privileged safety information or information that has been com-
pletely sanitized in accordance with Department of Defense 
Instruction 6055.07, such that individual mishaps are not 
identifiable, may be included in the report produced by the 
Commission. 
(6) DEFINITION OF PRIVILEGED SAFETY INFORMATION.—In 
this subsection, the term ‘‘privileged safety information’’ has 
the meaning given it in Department of Defense Instruction 
6055.07, dated June 6, 2011. 
(k) TERMINATION.—The Commission shall terminate 90 days 
after the date on which the Commission submits the report required 
under subsection (h)(2).